The evening world. Newspaper, February 5, 1904, Page 1

[ “ Circulation Books Open to All.’’ | |. PRICE ONE CEN FIRE GHEE GROKER | [S REINSTATED Appellate Division Decides Unanimously that His Removal trom Officeby Former Fire Commissioner Sturgis Was Illegal and He Will Resume His Old Position. Corporation Counsel Delany, who Was Deposed Chief's Counsel, Now Finds Himself in Curious Position of Being Opposed to Him as City’s. Adviser. Former Fire Chief Edward F. Croker, who was removed from office by {Mayor Low's Fjre Commissioner, Thomas Sturgis, after a sensational trial mearly two years ago, has been rei! ted by the Appellate Division of t! Supreme Court. Saeed The decision {s unanimous and it carries with it {ull payment of salary for Croker during the time he has been out of office. Ag the salary jv $6,000 j@ year this is no inconsiderable matter. Mr. Croker will resume his duties x chief on Tuesday morning. Tho decision in the case follows close on the argument before the Appel- Yate Division in the certiorari proceedings. This argument was conducted ‘by the present Corporation Counsel, John J. Delany, who has been Croker’s counsel all through his fight, but who abandoned his private practice on his accession to public office. The argument for Croker which resiilted in ‘to-day’s decision was made by Mr. Delany less than two months ago and ‘was the last private legal proceeding in which the Corporation Couneel took part. DELANY IN ODD POSITION. Mr. Delany now finds himself in a uniqué Position. As Corporation Counsel of the Clty of New York it is his duty to formulate an appeal against the decision rendered to-day, if an appeal is to be taken. That would place him in the position of fighting against his own victory, of arguing before the Court of Appeals against his own brief. The faet that the de- cision reinstating Croker to office is unanimous lets Mr. Delany down «& little easier than if there had been a dissenting opinion. Under the, cir- cumstaices he will be less liable to criticism if no appeal is taken. The decision for Croker is written by Judge McLeugblin, Judges Van Grunt, Patterson, O'Brien and Laughlin concurring. JUSTICE M’LAUGHLIN’S DECISION. Justice McLaughlin in his decision, which is l6ng, on: consideration of the entire record shows that at the time ear which was in no way disguised. Power to act as judge under the statute. when he tried to forceChief Croker to take a vacition. On the subject of the Park Avenue Hotel fire Justice McLaughlin writes that there is nothing in the evidence to support the findings of the Commissioner. The fair inference is that Chief Croker did all that he could feasonably be expected to do on that occasion. As to the charge of con- version of putiic property, Justice McLaughlin says that there is nothing In the evidence to show a wrong motive on the part of the Chiéf‘in causing fire hose to be delivered at the Polo Grounds. On the contrary, says the Court, it-appears that he acted for the good of the service and with ample @uthority ynder the charter. . The other charges are disposed of in similar fashion. and in a eummary ‘of the entire case tho Court says that on some of the charges on which he was found guilty Chief Croker was entitled to an acquittal and on others he was prevented from presenting a full dofense by the rulings of the Com- missioner. prejudice and bias which affected his judgment. Corporation Counsel. Delany got news of Croker’s reinstatement soon the decision was rendered. He could hardly contain his glee. “Well, that’s justice,’ he raid. ‘The opinion is unanimoue, so any opin- fon of mine on the matter would be superfiucus. Mr. Croker and I parted company on Jan, 1, since which time Frederick: St. John, of No. 27 William atrect, has represented Mr. Creker. But of course this victory is mine, and Iam very proud of it. ; \ “It doesn't place me in the least embarrassment as Corporation Counsel. If it is deemed necessary for me to take an appeal I will take it. A lawyer can adapt himself tv any circumstances, IT am no different in this respect than my’brethren of the bar. I assure you I could enter into a fight against the decision with the same fervor as | made the fight for Mr. Croker.” NEWS MAKES CROKER HAPPY. Former Chief Croker was seated at luncheon in the Broadway Central Hotel when an Evening World reporter took the news to him, The Chief dropped:his knife and fork and looked happier than he has for two years. “so J win, do 1?” he said. “Well, [ knew the courts would give me justice. lepuldn’t get 't from Sturgis, but I knew the courts would see fair play. {is act in forcing me from the Fire Department was pure pique, He was the accuser in my trial and also the judge. He never gave me a chance, From the first he was ‘determined to force me out, and he never weighed evidence or allowed fair play. 1 havo waited patiently. for justice, feeling all the time that sooner or later 1 would get it. If I didn't, I knew it was because there was no such thing as justice in the courts of the land. “I'm a very happy man qver this news, although, as I say, I anticipated ft. I shal] now go downtown and see my lawyer, Mr. St. John, What I do next d¢apends upor him. * “Let me say that in this moment of victory I bear’no man any 1!1 will. No man in the Wire Department need .Jook upon me a8 an enemy. 1 am tc be Biro Chief again and I shall be a fair chief. I have had enough of in- Justice myself to ever allow me to be unjust to another, I go back with the one idea of fighting fire, fighting it to the best of my ability.sand insisting upen cvery man under me deing a fireman and nothing else. THANKS THE EVENING WORLD. “I want to thank the people in this city who have stood by me in my trouble and have given me their sympathy. It has been a very gratifying thing for me to see the confidence the business men, the insurance men nd the citizens generally have had in me. Especially do.I went to thank The Evening World for the fair and square play it hee shown me from the Grat. At no-time during the trial did The Evening World do other. than Wiee fair thing to. bath. A that a cereful he Gharges were made the Commigsioner entertained a decided prejudice against the rélator, In spite of this, the Commissioner had the The decision says that the very be- ginning of the record slows a preconceived scheme on the part of the Com- missioner to interfere with the relator in the performance of his duties. The Commissioner\had the right to’ compel, the relator to do his duty, but he had no right to prevent him from doing his duty, which he attempted Throughout thé entire trial, says the Court i@rther, the Com-! missioner in his rulings and by his attitude and conclusians, manifested a COURT UPHOLDS CAR MEAD LAW Appellate Division Hands Down a Decision Declaring Passen- gers Must Be Carried to Des- tination Designated on Car. MUST CHANGE ONLY TO AN INTERSECTING LINE, Board of Aldermen, the Court Holds, Was Authorized to Pass the Ordinance, Revers-| ing Justice Murray’s Ruling. Justices Freedman, Gildersleeve and Greenbaum, in the Appellate Term of the Supreme Court to-day handed down & decision reversing a ruling of Justice Murray in the Tenth District Munteipal Court, dismissing the complaint in an action brought by the City of New York against the Interurban Street Raflway CoCmpany for the collection of t Penalty of $100 for violation of the “car ahead” ordinance, adopted by the Mayor on July 2, 192, requiring street surface railroad companies to carry Passenger to any regular stopping place desired by him upon suk car's route without change of cars, except for transfers to a connecting line going in another direction, or in case an accident renders compliance with the ordinance impossible, Justice Murray held that the Board of Aldermen savas not authorized to |pans such an ordinance and that the provisions of the General Railroad act governed and controlled such a regu- Jation as ‘8 provided for in the or- dinance, William F. Peters, J. Arch McGovern and Alexander Saxe, in May, 1903, boarded a northbound car of the de. fendant about Fourteenth street, which bore a sign “Columbus Avenue.” They desired to alight at One Hundredth street, Ninety-elghth street and One Hundred and Fourth stret and Colum- bus avenue respectively. |, They were carried to Columbus ave- nue and Seventy-ninth street, where they were told by the conduetor to get out and take the car ahead. Thin ¢ refused to dd and remained in he wid which was s-vitched to the downtown track and ti @u to South Ferry, where it remained .wenty minutes, and was then moved to Columbus avenue and Fifty-ninth street. There it was run into the barn, where it was kept for forty minutes, the three passengers still remaining in it, but was at last taken out and proceeded up Columbus avenue, carrying the three men‘ to their respective destinations. ‘Saxe paid two fares. When the car was at Columbus avenue the conductor |waid the lights were not working. ‘The defendant offered no evidence, MURDERER GETS MORE TIME 10 LIVE Frank Henry Burness, Who Boasted of Persons He Had Killed, Has Made an Appeal - and a Stay Is Allowed. OSSINING, N. Y., Feb. 5.—Warden Johnson, of Sing Sing Prison, to-day re- ceived word that an appeal had been taken In the case of Frank Henry Bur- ness, who was to have been put to | death in the electric chair on Monday morning next, and the execution is therefore stayed. All preparations for the électrocution had been made and the invitations to witnesses sent ou, Burness shot and killed Capt. George B. Townsend on the deck of the latter's schooner off the Bay Ridge shore, Brooklyn, on Nov. 10 last. Although at his trial he admitted bis guilt, acknowledged that he had com- mitted other murders and asked. that the death sentence be quickly carried out. his counsel has now carried the case to the Court of Appe: Pend- ing a decision the appeal acts as a stay of execution, “EXPLOSION ON THE IOWA. ‘Twe Guns Burst on the Battle-Ship but Yobody Hurt, WASHINGTON, Feb. 5.—The follow- ing telegram has been received at the Navy Department from Capt. Train, President Board of Inspection and Sur- ¥ey. Fort Monroe, dated vesterday “While the Board of Inspection wi testing the battery this morning on t! battle-ehip Iowa both guns in the star- board forward eight-inch turret blew oft thelr mugzies. No damage Ie to guns and one whaleboat. No c; tles,”” WEATHER FORECAST. Forecast for the thirty-six hours ending at 8 P. M. Saturday for New York City and vicinity: Generally fair and warmer to- might; Saturday partly cloudy. followed by ‘rain or snow; winds becoming fresh east to south. 2 Care, le mein NEW YORK, FRIDAY, FEBRUARY 5, 1904. “ Cizculation Books Open to All,’ SPECIAL EXTRA. POLICE WILL CLOSE GRAND. OPERA-HOUSE _ Polce Commissioner McAdoo late this evening. called in: Po- lice Capt. Cottrell and instructed-him to see that-no perform- ance is given to-night in the Grand Opera-House, He told the captain to station a sufficient: number of policemen. at /every door to keep the house from-being opened. « SIL RR At LATE WINNERS AT. NEW. ORLEANS. . Fifth Race—Lady Greenwood 1, Lythelist 2, Truffle:Hunter. ees ENDS: LIFE AT’ CHURCH. ' Lucian A. Chapin, an insurance.agent employed by the New ¥York Life Company. committed suicide this afternoon at the ‘Riverside Baptist Church, Amsterdam avenue and Ninety- second street. Mr. Chapin lived at No. 214 West Eighty-fifth street and was a reguiar attendant at the church. He was, formerly a well-known hatter. oy Fore GUARDS FOR AMERICANS IN COREA. WASHINGTON, Feb. 5.—Mr. ‘Allen, the American Minister at Seoul, cables the State Department that he is taking active steps to protect American citizens in-the interior of Corea Sa eeeg FIRE IN AN ICE PLANT. The plant of the Hygeia lee Company. at Twelfth avenue-and Forty-ninth street caught fire late thisevening. | Two alarms were sent in and there was a call for an ambulance. One of the employees was. injured. CROWD WAITED. BUT. | Plain-Clathed Men: ed Private Lodgi Harlem. °° —. oO A crowd of men, women and chil- dren, all brought together out of curl. |. Wiliam, Néwbbla ‘Boller, tho began oalty, to find out what Capt, -MoGiynn, [2405 Maen” Swale in the of the West One Hundred and Twenty: supegme Count: deters. Judtioe » Leven: Fifth street station, and twelve plain- clothes men were going to do this af- ternoon at the private lodging-house, | No. 306 West One Hundred and Twen- ty:third street, created much ecitement in Herlm to-day. Detective Hayes thought he discov- ered an embryg,pool-room in this hous: and reported to his captain. Then the squad was placed and for several hours th ecrowd gathered to awal which did not take place, In Hayes, who had entered to hire a fur- nished room, found thé parlor floor in @ condition which aroused his suspl- cions, Therefore the watch. ee BOY PROTECTED MOTHER. Objected to Policem: ‘Treatm of Her and Was Arrested. Margaret McGowan and her son Mi- chael. of No. 777 Columbus avenue, were arraigned before Magistrate Barlow: in the West Side Colrt to-day, charged tritt to-day, Bot his divorce late this afternoon, the jury finding that Mra Boller had been intimate with the co- respondent in the case, Capt. Theodore BH, Lawton, The jury was out less than an hour. Boller makes five charges against his reporter-detective wife, in each of which he says that while she board- ed with Mra. Viola Kling, in Gold street, Brogkisn, Capt, Theodore E, Lawton, her. septisgenarian. employer and former réNow jn the; United states Secret Service, visited. her last June, July and August, and his lawyer, P. W. 8. Brown, had Mrs, Kling, her son. Rus- sell Kling, and a servant at the board- ing-houne to teawfy*that the venerable raptain visited thelr fair and c | boarder and Mrs. Boller is‘sécretary of the Nar- ragansett Bay Supply Company; No, 10 Nasieu streét, of which Capt. Law- ton ‘is the’ Presidenr,” Hurled Horseshée at Captain. | it the raid the house with disorderly conduct. Mrs, McGow- an became enraged, said Mrs. Lizzie Russell King testified that Mra. Mitchell, of the same address, over a Boller and Capt. smwton often quar- relied and that one. night he, Kling, was in the street when the Captain rushed into the house and a moment later Mrs, Boller hurled a horseshoe out of her window at the Captain, yell- ing: “TM kill yo ‘The witness sald he narrowly dscaped the horseshoe “himself. Mrs, Bolles was her own first wit- ness in defense. She denied all the charges against her and in response to Abraham Levy's questions she sald: atter of rent, MPoliceman Burke was called in, and he arrested Mrs, Mego .. The boy Mi- chael did not“think the officer was treating his mother -with proper con- sideration, and he ob; treat- ment bestowed upon her, He, too, was arrested. Both were discharged. pest al ale FRENCH COUNT ARRESTED. Admitted to Batl im the sult ef @ Hrother-In-Law, ~ Paul Martel de la Chesna: who is said to be a French count, waa ar- rested by Deputy Sheriff Terry to-day ay se iloneane gous oa ae a on an order signed by Justice Davis, of low en I marr: 3 ry 1892. I have @ gon twenty-four years old. the Supreme Court, in an © action nt against him by Claude Sach: Re. rother-in-law, to recover §12,120. The count gave bail and was not taken to jail, it grew out of a dispute over family Anances, the two men having married two sisters. had an aceldent in Colorado in 1862 nd my neck an broken. Since then I ha y nervous, . bee Capt. Lawton has nursed me for months I have helped to support our marriage. Wao Her Narse. and his wife have at a time. Boller ever since ——_—_- sarclOspcas "Capt. Lawton , | FOR SAFETY ON THE c ROAD, lmown me since my childhood, They AG@@itional! are my constant friends, The Captain {es employed in the Government Secret jee as a tracer and investigator. “Last year | was employed as house detective iby a4 Brooklyn, department Store and. took the toom at Mrs, King’s Bill Inteedecea for Guards at Statior ALBANY, Feb. 5.—Mr, introduced a bill requiring one guard other than the | per shail be on-duty. on elevated rai- Foad station platforms at all tyes ex- cept between 6 and ¥ A. with my foot, A chiropodist operat MM. and f ana! on it and blood poisoning followed. Mri |7 o'clock Pp. -M., when there must ne! Lawton was away in the country, She & tleast two. gent the Captain. to nurse me, The bil prohibita turnstite.. | Ne fe not trae that [ performed my wholly or partly operated by pas ~Jablotions ins the Captains presence, ern. though he often saw me in my night- oe RR 5 MY dress, for 1 was Mee HAD A FIT IN COMMONS. ! r aN. Kling toatified Roller every LONDON, Feb, §-—Mr, Williams, Liberal Unionist Member of Parliament from South Birmi Financial Secretary: to the Wi oi trpaused eae ee ere eT de afteenestte tee {mars a eeite eet ah House of Commous.:- He;was. ¥ vine: serious : in! Tw men with srs to be neat my work. I had some trouole! FELIX BARD IN FRONT; 13 10 | Long Shet Shows Way Home in Third Race—Jockey Jenkins Hurt—Lannon, Injured in Race, Is Improving. WINNERS AT NEW ORLEANS. FIRST RACE—Mies Melton 41 to 2) 1, Ralph Young (6 to 1) 2, Tros- sache 3. SECOND RACE-Zyra (8 to 2) 1, Vestry (9 to 5) 2. Sweet Nell 3. THIRD RACE—Felix Bard (15 to 1) 1, Barkelmore (10-to 1) 2, Lingo 3. FOURTH RACE—Maimselie (6 to 5) 1, Ethel Scruggs (7 to 1) 2 In- spector Shea 3, NEW ORLPANS, La., Feb. 5.—Jockey Jenkins, a promising Ught-weight, wi thrown and. seriously inured while working « horse at tho track this jnorn~ ing. Jenkins was scheduled to ride Feltx Bard, The Wizard and Bthel #crogxs to-day, ‘The track had dried out and was lightning fast, when the weather be- came” threatening. = ‘The “uncertain r réduced the attendance to the ent. Fisher has left for Mem- 1s to soho! tho Schorr two-year-olds. Re ‘will not be seen in the saddle again until Hot Springs opens. a Jockey Gannon {s reported great improved to-day. Albert Simong had the boy taken to his cottage and called t to look tained «broken THe Myift not be Table to this winter, FIRST RACE, Jockey WARIS JAPAN'S ANSWER IF GUAR AEFUES TREAT Mikado [s Determined to Fight and Will Not Permit England to Interfere for /Peact, Unless Concessions, No Matter How Ge erous, Ate Put in Writing and Signed, ~~ RUSSIA PLANS TO SEIZE COREA AND RUSHES 20,000 MEN FORWAR Japanese Battleships Follow Russian Trans: ports with 6,000 Troops Aboard, and’Clash: — Expected at Chemulpo — Washifigton Thinks Fighting May Be Under Way.” =~ PARIS, Feb. 5.—If Russia refuses to sign a treaty granting ‘the oy terms demanded by the Mikado, Japan will fight.” : Bits This utterance in an interview published here with Baron Hayashi the Japanese Minister to Great Britain, has attracted marked atteation in. t the highest Government quarters, Ce Matting. ‘Str. a ‘oung etn $c La we. Robbins. ° a e, 04, Hennessy’ 4-h 1 01, Callanhan: s 8 t. ior, 1 t 53 Rui tf Ww 3 8 ge 16 16 1-4, ves en ote ry 1.20, 110, rt good.” PANAMA TREATY T0 BE ATIFIED SOON Wiliam N. Cromwell, Counsel for the Company, Says There Will Be a Month’s Work Ar- ranging Transfers Abroad. | Mie ‘on driving. Time. William Nelson Cromwell, counsel for the Panama Company in the negotia- tions that have led up so far in the Fanama Canal matter, to-day made & statement In which he sald that he be- Heved the treaty would be ratified with- in twenty days. There will be a. month's work, now- ever, hetween the Attornoy-Generat and himself in arranging the transfers in Paris and on the Isthmus. s As to the financing of the operation, Mr, Cromwell said it was a mistake, the report that stockholders were to get money paid to them in this country. but he déclared that no apprehension need be felt because, in arranging for th transfer of funds the local financiers had been co-operating with Secretary Shaw and had evolved a plan by which the transaction woud be completed with practically no disturbance of the money market. He added that an arrangement for a heuring in the French Courts of Colom- Din'a claim on Feb. 17 had been ar- ranged Cor, and he had no doubt the claims would be promptly disminsed. |GEN. BLACK SERIOUSLY ILL. | Clvil-Serviee © = trom Collaps¢, WASHINGTON. Feb. 5.—Gen. Jobn Cc. Black, Chairman of the United States Civil-Service Commission and Commander-in-Chief of the G. A. R., is seriously {11 here, He hag overtaxed | his strength and ts suffering from par-, tial collapse. Dr. G. A. Harman, of Lancaster, 0., Burgeon-General of the G. A. R., who fa attending him, says he will be com- |pelied to cancel his engagements for the next few weeks. ———_—_ SOTHERN ENJOINED. LOUISVILLE, Ky., Feb. 5.-A tempo- injunction restraining Actor BE, H. hern from using or disposing of a ra ies His declaration also that Japan desires to be !:ft alone and will object “ to any intervention from Great Britain tending toward inducing the ac- ceptance of Russia’s reply has caused wide comment as tending to: prove the fighting temper of the Japanese. “Is your Government unalterably determined on this course?” the Min- iéter was asked. “Absolutely,”’ he is said to have replied. “We will not take promises, - Too many have been broken and now we insist upon a signed treaty.".. © Tite interviewer then asked: ee ~ “Suppos Russia’g answer is conciliatory and reasonable, but refiisen , ‘, go to the extent of signing the treaty you desire, will your overnment then have recourse to arms?” “That is precisely what I mean,” replied the Minister. ENGLAND MUST KEEP OFF, F . “If the Government of His Majsety King Edward VII. asks Japan na to make war,” continued the interviewer, “and requests her to accept Rus- sia’s yeply, what will Japan do?” t “We shall greatly object to such intervention, even coming from the King. We desire to be left aone in our duel with Russia. We do not want support or assistance. We desire to'settlo our own accouont with Russia.” Interminating the interview, Baron Hayashi was asked: “Then you that if Russia refuses to sign a treaty recognizing China's rights in Man- churia that means war?” % 4 “That wilt be wai," replied the Minister. a i Daron Hayashi added to the foreguing that he believed it to be the of his oGvernment, and that authority had been given him to announce iy MAY NOW BE FIGHTING. ®§ WASHINGTON, Feb. 5.—The Administration thinks war is about to b gin in the East between Russia and Japan, and bases its opinion upon Official notification from the Commercial Cable Company, receiyéd t that no cablegrams for Japan or Corea will be accepted except ‘at séndi risk, This is taken to mean that hostilities are imminent, even if they hays not already begun. : In the opinion of a diplomat conversant with the Japanese phase of the Far Eastern situation the Tokio Government will not wait iongw than) to- day for the Russian reply unless in the mean time a satisfactory intimation is received as to its charact The feeling in Japancse circels seems to’ be increasing that if the note is delayed longr the deay is to be interpreted aa mereyl for the purpose of giving Russia more time in which to preparé herself for the blow Japan is expected to striike. . 2 TOKIO, Feb 5.—Japan, alarmed by the rapid advances of the Rusafar troops in Corea, has hurriedly notified all her subjects in that country® te seek safety ‘at Seoul, where the Japanese forces are peing strengthend Mur riedly. . ‘ Tt is realized here that Corea will be the fighting ground, Chentulpo being regarded as tlie scene of the first fight News is anxiously awaited here of the Russian transports on the way to that place, as the Japanese naval commanders haye been notified not to permit the landing of any of the Czar's troops. a The attempt to put men ashore under any pretext will be resisted, and that, of course, will mean war. ey ‘A cable from St. Petersburg states that the Czar 1s continuing his dila~ tory tactics and’ that his answer will not reach here until Monday, Impa- tience is turning to disgust and the people are now emphatically for war. RUSSIAN TROOPS SWARM IN COREs SEOUL, Corea, Feb. 5.—Russia is hurrying her armies Into Corea deter mined to make her first blow in the war with Japan a distinct and telling one. Twenty thousand troops hurrying from the north have crossed the th Yalu River and are headed this way, while 6,000 more are expected tox any hour to-day at Chemulpo. " Japan, making a counter move, has big bodies of men camped between here and the fronuer, while a figuting force is within a short dash Chemulpo,’ready to stop the landing of the Russians, who are being hi on transports for that harbor. The troops of both nations are restive and anxious for a clash am outbreak that will precipitate Lostilities is expected at any moment. _ * drama entitled “A Holiday's Diyer-} sion” was granted to-day by Judge) | Kirby to FB. D. Schoonmaker, of Lex, ington. The petition demands that if Mr. Bothern refuses to return the mann- script the petitioner be granted dam- Agge'and compensation In anticipation of the war that will spread havoc in Corea the Cived ment in this city and vicinity is intense. Raps ffs People in the coast towns fearing @ sea battle,.are fleeing: