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Jersey. Justice Aft Damages Award School Youth Is ents to $3,000, child’s life at one dollar, made “Children are au expense as a rul parents. in dollars and cents to the extent of “If any one should ask me how mt of a boy’s. Wérpupp' devoted herself to tho caree have done had she lived, she could, ai cessful, at the most about $110 a mont Not since the now famous decision ‘of Justice William Gummere that the life of a five-year-old child was worth ‘only one dollar has New Jersey justice beén discussed as it is today after Judge Frederiok Adams, of the Essex County Cireuit Court, in Newark, has decided that the life of a healthy boy ts worth Just twice that of a healthy girl. This novel decision was brought j@bout on motion made by Richard V. Lindabury, counsel for the North Jersey Railway Company, to set aside the verdict of $6,000 in favor of Evan H. ;Bastwood, and one for $5,000 given in ‘favor of Henry Werpupp. Mr. East- “wood’s son and Mr. Werpupp's beautl- Mul daughter both met death in the “\gtade-crossing disaster on Feb, 19, 1903, (when a Lackawanna Rallroad train col- ‘Waed with a trolley car, killing nine pupils of the Newark High School. The motion to upset the damages or Teduce them was made some time @mo on the ground that hey were excessive. ‘The Gir) Might Marry, ‘Ih the hearing the fact was brought rout that Evan F, J. Eastwood was ‘the only son of the plaintiff; that, he Was a healthy boy, bright apd prom- in every way. He was the only boy killed in the accident, and it was shown that lls parents set much store by him. ‘Ella Werpupy, one of the girls killed, was a healthy girl, handsome of face and figure, of a splendid disposition, a favorite with companions and every- \thing a girl of her age ehould be in her home life, An rendering his remarkable deciaton Judge Adams took into consideration fhe pecuniary benefits to be derived from each of the children. He re- lewed the fact that the boy was even ‘at the time of his death looking for- ‘ward to succeeding to his father's business. The girl, however, could not be a patural breadwinner. She might be- tome a school teacher, Judge Adams Justices of the Supreme Court in New York read with much interest the ppinion of the New Jersey Judge that @ girl in dollars is worth only one- half a boy. Some of them agreed to comment upon it, and here is what ‘they said: JUSTICE BISCHOFF: “Tt depends on the boy and the girl. AS‘ rule, the girl becomes a dependent unless she is an heiress, while the boy, as a rule, becomes the support of the family unless incapacitated. “At common law, while one injured might sue and secure any judgment a jury saw fit to give in damages, there "was no right of action to the next of kin for damages resulting from death by the wrongful act of another, That right is statutory wherever it exists. The law in New Jersey is as ours was tion in 1891, taking away from the Legislature forever the right to mit . the ability for causing death, In this ®tate pric> to 18M it was limited to $5,000, Ix New Jersey it appears to be lenst $6,000, ‘If the limit 1s $6,000, there must | rationally be a differentiation between apecific cases and classes of cases; such ® difference necessarily occurs the loss of one upon whom the family may reasonably depend for subsisience nd one who is herself a dependent, “Our charges to the jury were pre- els@ly the same before the Constitu- tional Convention of 1894 as those of New Jersey courts now, The jury in @ssessing damages must take into con- sideration the cost of rearing the child, a3 all know that a child six or seven Wyears old would cost more to the pa ‘before reaching maturity than its inet gould be hoped to recoup, @ must consider all the proba- ef the girl becoming married; fp her earnings would go to her hus. LY amages,’ ty,” for a death, ‘There 1s no BZ ntimental damuges, but lary loss resulting from st ite Ara mpacned Se mehe an _ wrong, giving e low and Dhan the right. of. recovery of} prior to the amendment of our Constitu- | AL IN OOLLARS I GRTHONLY 4 A BOY er Deciding $6,000 ed for Killing High Not Excessive, Cuts Down Amount Allowed Girl's Par- ——_————_—$s JERSEY JUSTICE AS PRESCRIBED BY JUSTICES IN NEW JERSEY net e tnt en Oot Peete F. decision of Fustice William S. Gummere, of the Sasteme Coorl of New Fersey, when he placed the value of a in September, 1898, 6. and not a pecuniary benefit to thelr "If the father of a child had the reasonable expectation of being benefited $5,000 by the continuance of life of the child, then a man with ten sons would be justified in the assumption that at fis death he would be $30,000 better off than if he never had issue, ‘The recuniary value of children, looking at {t in the broad practical view of Jaw, is merely nominal. By nominal I mean $1. uch I should profit by being the father of four children 1 should answer, ‘Not a cent.’” Decision of Fudge Frederick Adams in the Essex County Cir- catt Court, in which he says agirl’s life is worth only half that “Now, a woman may become a breadwinner; a man must be one. If Miss r of a teacher, as she probably would fter a few years, earn, if greatly suc- h. “Therefore, taking the most optimistic view of her financial value, I think Eastwood's expectations were at least twice Werpupp. I decide that if the plaintife in her . place of the 36,000 awarded, judgment may stand in that amoun luable as those of Miss M elect to take $3,000 In thought, but {there was, of course, a Possibility of her marrying, when her value In a pecuniary senso would end as far as her parents were concerned, Reduced Amount to $3,000, The Judge therefore refused to re- duce the sum allowed for killing young Eastwood, and the railroad company must the full amount awarded, $6,0. ‘The amount awarded the Peentl of the girl, however, 1s reduced to $3,000. In his decision the Court says: “The verdict of $6,000 in the Eastwood caso has never seemed to me to be excessive. That was my first impres- sion and I still maintain it, Let us look at the matter. “Young Eastwood was in good health, a creditable scholar, of excellent char- acter and in all ways admirable as a young man of high promise. The evi- dence shows that he had a peculiar aptitude for mechanical construction, and to some extent employed his in- genuity to help advance his father's business, “The father 1s a healthy man, and the Jury may have considered the point that both men would probably have lived for twenty-five years more. ‘The son might have been expected to learn the trade of his father, and so his services. would ultimately have been very useful to the firm, I am basing this conclusion upon hopeful, rather than a pessimistic view of the future, the jury, I infer, probably con- cluded that substantial benefits of this kind should be expressible in thousands instead of hundreds of dollars, and I am inclined to agree with the’ verdict ag rendered, “As to the death of Miss Werpupp sho was a very promising young wom- an, healthy and inspired with ambition to some day earn her living as a school teacher, with, of course, the possibility of her marrying, Sults for killing the other girls fh th accident are still_on and Judge Adams’ decision, In which he rules that. girls are only worth $3,000, is expected to have some bearing On the damages awarded, No notice of a_new trial has been given by Mr. Werpupp. HOW NEW YORK JUDGES VIEW THE JERSEY IDEA OF A GIRL’S WORTH, when there were overland stages, the common law allowed a passenger in dJured to recover damages, while if they Were Killed by (le overturning of the coach the owners of the coach wet not Hable. The story is that the drive which, in the e f accident and in- jury to his passengers, he saved his company from damage’ sults by com- pleting the job by rapping the injured person over the head and killing him." JUSTICE M’LEAN. “Jersey justice is always to be de- pended upon. Ihave not read Mre Jus: tien Adams's opinion, and as Ic divine the theory upon which such a determination could be made. without being cognizant of what occurred on the trials of the two cases, I have no opinion on it. ‘T recall, without offering it as an explanation of Justicn Adama’ findings that the head of a large banking house, tin dy * by, had an Are marriage to a & young American entra aP) ery 1 After a” time to the Armenian ca given a couple of day return to his desk eve pectant. He seemed do: pressed. “The head of the banking house of- d him congratulations and asked 4 explanation of the new father's ry ; Wheast and de- | sald the caxhtor, “it is a| and now I'll have te pa until she gets married, and s if it Was a boy he would hd go out and help me e. grow up a lying, STOPPED A BRITISH SHIP Brazil May Have to Answer for Act of It Ofcern, WASHINGTON, May U.—It ts possi- ble that Great Britain may become in- volved in the threatened cfash between Brazil U States Minis- ter Thompson cables the State Depart- ment to-day from Petropolls that Hra- zilian oMficers yesterday stopped a Brit- ish ship at Manaos while she was mak- ing her way up the Amazon River, on the ground that she had aboard’ 250 cases of ammunition destined for the Peruvian military forces in the up- river country, the possession of which is now a sublect of dispute between y " W's provided with stout clubs. with!‘ THE WORLD: SATURDAY EVENING, MAY 14, 1904, ‘UNUSUAL SCENE IN THE OPEN WHERE JUSTICE HERMAN JOSEPH HELD COURT, HELD COURT IN {RUSSIA HOLDS THE OPEN AIR) AMERICAN IN AL Justice Herman Joseph Tries a|Morris Kleiman Arrested Under Case Out of Doors to Deter-| Section of Penal Code that mine Point in Dispute in} Carries Punishment for Vio- Damage Suit. lation of Emigration Law. Civil Justlee Herman Joseph held! cu ELIABi Russia, May 14.— court to-day in the open alr on the! Morris Kleiman, a native of Rusia but steps in front of the house at No, 3 1 of the United States with a East One Hundred ‘and Twenty-fourth | residence in Wisconsin, has been placed street to determine ff the limb of a tree/uder arreat her charged with viola- was low enough to carry away the top Gti netcle RE OL! the! Benall Code: of a wagon, PETERSBURG, May 14.—Articlo Ineldental to the opening of court Renal Code under which Ktcl- oe ted the reporters eld at Chelluhinsk provides that POs ice PeaeRi parm Ae te SceOr absents himself from — the to wear their hats and evicted a street Aud cation ches woroioe Tae sweeper for raising too much dust, or swears all tO, at. £0 Suits published announcement that | Without the ernment’ permission They publlined’ eniouncem hat yis iuble for inftlagement of his-loval open-air court would be held to-day |ouiigation to deprivation, of clvil rights brought @ crowd of many hundreds of /and'perpet ual baniaiment trom the ersons to the scene, and the reserves | fines of t or in the e from the East One Hundred and ‘Twen- |, nls ut permission to ty-sixth street station established a clreular tina about the steps, blocking tho atect and keeping the crowd at a respectful distance, George A, Young, driver for the White Clover Dalry Company, was driving his wagon along One Hundred and Twenty- fourth strect on Oct. 19 last, when the whole top was carried away by the lmb of a tree at No, 8, The company sued the city for $155.10, the amount of the bill for repairs Clty Would Settle, 1@— Assistant Corporation Counsel Isaac Burden, Jr, sald the city would settle in full if Young would drive his wagon again und the tree and show that the mb tnterfered with his progress. Jus- tce Joseph then ordered that court should be held to-day under the tree, Justice Joseph was accompanied to- day by his full staff, imeluding Chief Clerk” McDavitt, Otficer “Moran, | 18 HW, and Affidavit ed Kuss to the jurisdiction is subject. to. th Emperor vs of Russia “It it develops that Kielman expatri f with the consent of Ri Is not subject to the by Article 2 issport is sald to ha n ashington In 1901, although Ing definite on this point, BStenographer — Liz Clerk “Norris, —— Taking his’ place on the second step of the brown stalrs Justices Joseph de= clared court open. A’ street sweeper in duck uniform) came down the street making a furious dust with his b “Bylet that man from th . the Justice of Court Officer Moran. ‘The white-wing) was summar- ly chased a half block: Then the court and its retinue posed for a number of photographs 7 t e Intric Mt 'beautipul lars: fan drove un undes Resigns the Presidency and Is Sucoeeded -by Mrs. John A. rey! Logan, .Who. Has Been the Vice-President. re ‘ mb struck “the top and was ing it away, when Moran and a f TS RTE the horse ek on jts haunche: the city wants * demanged Mora But It Wasn't. Burden contended that the new n was much ASHE Ean the ci ‘ vas the reason It struct i ies el ann Tina WASHINGTON, May 14.—Miss Clara {a tape nieasure," said the Jus-[ Marton to-day resigned the Presidency Sand we will find out.” of the cAmerhse ican fs ate Nea taps measure and af Of th® American Red Cross and was man was despatched to an avenue | succeeded by Mrs, Gen. John A, Logan, store, Court t a recess Inthe in-| who has heretofore occupled tho office terlm and every one smoked. Every] of Vice-President of the association, window’ up and down «the street was filed with heads watching the unusual Court proceedings. ‘Soon the cop came bac or ack with the tape measure sand the wagon was sized up. ' It was only 7 feet 9 Inchés high, while the wagon which was damaged’ was § feet 4 inches, Yet the lower wagon struck the limb. ' “The clty hax lost its case," sald the justice, “and as soon as I get down to iny court-room T will order a verdict for the complainant, Court is now ft % fh ad- one went away and the counsel > dairy bought cigars and other |. ‘ tee Hately atte hie returned to | Suerogate Thomas Gives Isaac court Judge Joseph decided the so In favor of the plaintt and placed all the costs on the city, FELL WITH BABY, Chila Kiled, but Mother Encaped with Brulses in Rodman Custody of Little Sheldon, Ten Years Old, Who ls Worth $100,000. 1 Downatnirs, | Surrogate Thomas decided to-day tha rs, John Delana, of No. 27 Wa Isane Rodman, of No. 120 We hty » Woodhaven, L. I. started down-| first street, the father of ten-year-old me this morning with] Sheldon Livingston Kod her six months’ old baby, Luigi, in her] to the custody and guar arms. At the top of the flight her foot] tittle chap. caught in her dress and she tripped plunged down to the boltom oe the] BY the death of his mother the boy Alain, still clinging to the child. Porte stauck’ on dts head at the! over $100,000, left for life to her, the re- ofthe stairs and its skull wa or dle: e ctured. It dled. soon afterward, Tie} mainder at her death to him, mother escaped (Ath bruises, The decision is in spite of the fact —<— that his mother gut a South Dakoia di- an, J8 entitled janship of the Brasil and Pert Te v verce from his father in 1! merries mean ina, the HIST of tle! Hencaice Goldinger, of this ‘elise id sc of, hana Park | yim and wept to England, whers she Coupons, which wilh appear on ith Rdward Evening formed an alliance wi Palle Poge 2 of Next Monday’ i her, and died this Dec. 21, lear ids file #100000 boy with Gallagher, ei co Ta tba ahs, | Leeklar baby r becomes heir to an cstate aggregating! aayices on the te) et nr TWO WOMEN HURT ON TROLLEY CAR Fuse Blew Out on Hamburg Ave- nue Line, Brooklyn, and Badly Frightened, They Leaped to Street. Frightened by the display of fire fol- lowing the blowing out of a fuse the passengers of a Hamburg avenue car jumped out to-day at the corner of Madison street and two women were injured, An ambulance from the Ger- man Hospital responding to a call on this accident ran over a four-year-old child, Gertrude Locklar, of No. 204 Harmon street, injuring her internally. ‘The strect-car occurrence was not serl- ous In itself, but the conductor and motorman were unable to restrain the passengers. Mrs, Loulse Grose, of No. 22 Ten Hyck street, leaped and landed on her head, suffering lacerations of the face and scalp, Mrs, Mary Siegfried broke her left arm, Other women were » Slightly bruised by tumbling off the car. A policeman sent a burry call to the hospital and the driver of the ambu- lance Was urging his horse through Harmon street at top speed when the 1 out in front of him, He could not stop. ‘he horse knocked the child down and two wheels of the mbulance passed over her. fhe surgeon jumped off, picked up the Litue o: bundled her into the am- bulance and attended to her jujuties as best he could while the driy ried to the street cur the wounds of irs. Mrs, Slegfried were dres: They refused to go to the hospital, and the ambu- lance was hurried back with the littio giv, It ts feared that her injuries will prove to be most serious, HORSEWOMAN IES FROM FAL Miss Caroline James Thrown Against Telegraph Pole in Vir- ginia, Sustaining Internal In- juries and Concussion of Brain RICHMOND, Va., May 14.—Miss Caroline James, daughter of C. EB. James, one of the founders of the American Wall Paper Company, les dead in the home of Mrs, W. 8. Forbes. She was thrown yesterday from a spir- horse and sustained a fractured ames, whose home , at Scarborough, N. noted a3’ a horsewoman of ability, When thrown sh aring for the annual rac Hunt Road Club, which take lay. She came here three 3 ago as the guest of Mrs, Forbes nd had intended to return to her home yesterday, but was persuaded to remain over to take part in the races, Miss James was riding with Blan- chard Forbes when her horse becamo frightened at a man who was carryinj a heavy timber, — Th bolted and ran away, Mr, gave chase, but could not i the frightened horse, Suddenly the horse stopped and Miss James was thrown, against a'telegraph pole. She fell une conscious. Mr. Forbes, coming up soon, sum- moned help and Miss James was taken in an ambulance his mother’s home. She was twenty-three years old and a favorite in Virginia socl ——_ EATEN B YCANNIBALS, — Naval Men Avenge the Deaths of Five Sallorn , VANCOUVER, B. ©. May 14.—Matl Austrailan steamer! Mlewera to-day are that five men were Killed and eaten by cannibals on the Admiralty Islands in the South Sea, The British warship Condor was sent to the scene and set fire to the village where the cannibals resided. Th Condor threatened to annihilate the village df the natives did not ver the canni 1 SIGN BA CHECKS? MAY BE; WHY NOT¢ Mrs. Rawlins Orders What She Wants, and Really She Can- Head About Details. JAIL LIFE SO NOVEL SHE’D REFUSE BONDSMAN Knox Withdraws Charge, but Court Is Filled with Stern- Faced Tradesmen Who Ac- Absolutely unabashed by her predica- ment, Mgs, Marshall Rawlins, the young and pretty divorcee, charged with dis- tributing bad checks for the last few months, and whose victims are turn- ing up from all over the country faster than the police can tabulate them, swept into the Jefferson Market Court to-day, smiled prettily on everybody In sight and announced that she had really had the most novel experience of her life, Think of it, me fn all,” she sald, with a little laugh. ‘’Phe idea {s quite preposterous, but so true. Well, I hope they treat everybody as well as they treat me. I am quite enchanted at it all, and if anybody comes around to bail me out I shall consider him hor- rid," ‘The seats in the courtroom were al- most all occupied by business men who had Mttle complaints to add to those already lodged agalnst the fair young prisoner. They were a stern looking lot of men and they didn't seem dis- posed to relent in the least. It seemed a matter of indifference to Mrs, Rawl- ins whether they did or not, for in ad- dition to being perhaps the most pre- possessing young person that has come into police hands for years in this city, she has ideas on finance and moral re- sponsibility that are so utterly at va- rinuce with those held by her victims that any attempt to reconcile them would be so much wasted effort. Wants Things; Gets Them. Mrs. Rawlins might have descended in a straight line from the immortal Horace Skimpole for all she feels of responsibility. Mrs. Rawlins's theory ef life is this: There are fine clothes in the world, fine times and fine living to be had. She wants them and she takes them, It is the fault of the rest of the world that has these things that she has not.that she js obliged to help herself, she*says, and she really can- not bother her pretty little head figur- ing out the moral wrong of it all. It is not easy for even the stern rep- resentatives of inexorable Jaw to be harsh with a woman so pretty und gen- erally attractive as Mrs, Rawlins, ‘There {8 something fascinating in ner yery frankness. She cheerfully admils that She has done all of the things that are Charged up against her, and she says ts “I had an account in the bank once I do not remember when it was, or how much dt was, but I had It. I presume I have gone on and on drawing against tt until T have really overdrawn it, Per- haps it was careless, but L know so little of business that really I could not k track of where I stood,” oat Had an Accoant—Once. This very novel explanation is cer- tainly “stretching the limit,” in police vernacular, Mrs. Rawlins did have an account at the Second National Bank once, but according to the bank offl- clals It only Jasted a few minutes after it was put there... Nevertheless, her checks have been coming in go fast that two “no good” rubber stamps have been worn out on them. Most prisoners on so serious a charge would have shown some sense of cla- tion when the complainant’ withdrew his charge, as Knox, the hatter, did to- day. Not 'so Mrs, Rawlins, She didu't know the significance of it all, and she was equally unperturbed whep a fresh complainant jumped inthe breach in the person of Hugo Kaentser, a dealer in woman's goods at No. 836 Sixth avenue. Mr, Kaentser declared that Mrs. Raw- lins passed a bad $5 check on him on March 19, and on this she was held for examination on Monday afternoon, Mrs, Rawlins looked ‘curiously at Kaentser_and remarked: ow. I wonder if I did do that to him Oh, I'm so careless, I suppose rit Be Batled Out? Mercy, No! None of the other complainants got a chance to say anything about Mrs. Fawlins, for one charge was all’ that was necessary to hold her. ‘They had a st made of their troubles, however, and will be dn court on Monday afters noon, Mrs. Rawlins had a lawyer in court who asked her Sf she didn't know some one who would bail her out. “Dear, no,’ sald the prisoner. “T don't want to be. balled out. I will not be Wald out.. It is all 80 Interesting, you Pai et and witha farewell smile and a fay wave of her silk parasol the young gay van suffered herself to be led to the Court prison, Where she will stay until Monday. tea Ms ondeye inyestigated Mrs, Rawlins ones a Yitie,” sald Lawyer Mayer toe Sa3° Sana J find she has been in a dayarium several times. She ts not Suite right in her head and I'am told Gat’ only’ ‘very recently she was in a retreat.” . ter Mrs. Rawlins's case had been aitsea of, J, M. Carson, an employes oeicnox, the hatter, sald’ that his firm fad withdrawn the’ complaint because they didn't want to go Into court on so small a matter. Cashier Pabst, of the Second National Bank, said that Mr: Rawllns's story of accidentally over. drawing her acconut was all very well, but that she had been notified as long: ago as March, 190, that her funds were out, but had gone on drawing checks just the same. JAMES McGREERY & G0. Silk. On Monday, May the 16th, 8,000 Yards of black, Jap- anese twill silk, 65¢. per yard. » Value $1.00, | | | WONDERS. | Elephants Shooting the Chutes. Coney Island, with Its Two Enormous Amusement Enterprise Will Be the Resort of Millions of People This Summer. of the Most Astonishing Features Will Be Described in SUN ADVENTURE. | A Million Miles on the Ocean. How an Old Sea Captain Went Six Times Clear Around the World. A Remarkable Story, Told in Real Nautical Fashion, A Dying Burglar’s Sermon. If a Boy Is Going the Wrong, If a Boy Iz * | NARRATIVE, | “Presidents I’ ve Met.” New York Boy Who Became a IN THE MAGAZINE SECTION. not Bother Her Pretty Little ILLUSTRATED IN COLORS AND BLACK AND WHITE. HUMAN INTEREST. | The Mayor and the‘‘Hello” Girl. A Tragedy of the Telephone, with the Mayor of Philadelphia, @ Pretty Telephone Girl and Society People as Real-Life Actors. PSYCHOLOGY. | cepted Her Worthless Checks A Man with Three Brains. Here is the Strangest Brain Puzzle on Record. A Highly He Is Finally Examined, and Now It Is Believed that in Some Queer Way His Mind Is if Three Distinct Divisions, and He Is Really Three teemed Clergyman Begins to Act Strangely. People in One. His Story. DAY’S WORLD. | CRIME. | Of Special Interest to the Boys. r C Way, He Should Read It, for # Will Help Him. Good, It Will Make Him Better. By C.G. BUSH. ° A Very Interesting Page from the Memoirs of the World’s Fae mous Cartoonist, Mr. C. G. Bush. Illustrated by Himself. | ROMANCE. | Ranchman. A Pretty Tale from Real Life, Involving the Sacrifice of a Fors tune, a Love That Has Turned Out Happily, and a Young Man’s Success, To-Morrow’s Sunday WORLD , f THE NEW WOMAN. | i e A Chinese Debutante. The First Chinese “Bud’ to “Come Out” in Washington So ciety. An Arctic Postmistress. | SLUMMING. eal A Smart, Brave Girl Who Handles the Mail for Uncle Sam Away Up in the Country’s Coldest Regions. a How Yale ’04 Saw New York’s ° The Rubbe Brilliant and Satirical, Humorous and Clever—this Latest Gent 7 | HUMOR. | Lady Bountiful Finds a New Little Boy—Pan- handle Pete and the Livé Wire—«The Kid,” a New Character—Mr. and Mrs, Butt-In—The Angel Child—And Others. DRAMATIC. if i er Photographs of Favorites Now on the Local Stage and of Scenes in the Most Popular EXPLORATION. ‘Poor. The Interesting and Instructive Trip of a Classful of College Boys Through Darkest New York. “What They Saw, and What They Thought of It All. [eee RIC RON a / By 0. HENRY. by the SUNDAY WORLD'S Popular Writer. Current Attractions, “The Man Higher Up.” Found at Last by the !Metropolitan Section’s Intrepid Board ob i r Plant’s Story.