The evening world. Newspaper, August 12, 1904, Page 7

BRN LOSES IN JEUGENE BISELL WILL CONTEST} TES HS LIF Sealed Letter Leaving $60,000 !Marital Troubles Said to Have : to Nebraskan Declared by Court Not a Part of Last Testament of Philo S, Bennett DECISION IS AGAINST HIM ON EVERY POINT. Ruling Based on Doctrine of In- corporation by Reference and Goes Into Relation of Inheri- tance Note to Main Document (Special to The Evening World.) NEW HAVEN, Aug. 1.—The Supreme Court of Errore of the Third Judicial District of Connectiout, handed down a decision to-day upholding the verdict of the Court of Probate of New Haven in refusing to approve part of the will of the late Philo 8. Bennett the letter directing Mrs, Bennett to turn Over $00,000 to William J. Bryan. Chief Judge Torrance, whe wrote the opinion, does not depart in any in- Stance from the law involved to com- ment on Mr, Bryan's conduct, as the lower courts did, but bases his de- eision on two things, first that there is no law or precedent to warrant @ de- elsion that the doctrine of incorporation by reference prevails in this State, and second that even if that doctrine pre- vailg no paper in the Bennett will is madoa part of it by reference, according to the rules universally applied in jur- lsdietions where incorporation by réfer- ence does prevail. Leses Kvery Point, Mvery polnt made by Bryan and his lawyers is knocked out by the Court ot Errors, and apparently leaves the Nebraskan not a leg to stand on ip future action, The paragraph of Mr, Bennett's will om which the fight was made is No, 12, and |e as follows: Grace Mimogene Jeninet “the ly $60,000, in trust, however, for the poses set forth in a ane wr Ht 1s, prune, vite) thie w evening World, ‘ireel el s Beanatt tty ‘nen rey ne to p Sore over the specifi to be made use of neces t. On the trial “ot “ne case it developed that this letter was fh a - ten days before the date o! oH at Bryan's hom N foaka in typewritten at that time terward copied b: Me eemnet, oe in an tnvelope and ad Tread only by Mrs. ‘Sennett and’ her lone after my death. P. 8. Bennett,” Ry will and the the vault. oa ihe Woot ‘i Moen Satie in New na Xork City Typewritien, arat of ee writ. Next ¢ will, the writ- ten eter ‘o vault’ wih the will was offered as se pe Ao dogument ms mb Md Bs paragrep! » This also x cluded by the Court, and the jury after- ward decided that neither letter was @ bo ai Md of the will, because the doctrine of i a agory by reference does not it maid hy dil te nen mt ffietentt “aie it did the js not suMclently dis- tinot the matter and because the on, matter written letter shows on ite face an in- tention on the part of the testator that it should not constitute part of the Document Must Exist Coreseip, Sarr Se relercmens and it, ‘we assume that ihe ettanee’* calls for letter from it is swered b; Sy lie til of ‘ihe opinion ‘which he complains CL, LNONT HERE AUT KEEPING QE His Coming Causes a Revival of the Gossip About His Nom- ination for Governor by the Democratic Conventfon, Speculation as to the Ikelfhood of Daniel Lamont, former Beoretary of War under Grover Cleveland, accepting the nomination for Governor was re- vived to-day by the arrival of Mr. im town from his summer home “‘gbeaipe “around the % ta beh beouaht had ft that ire hes Caused Suicide of Former Army Officer and New Yorker in San Francisco Hotel. GOT A DIVORCE FROM AN EXTRAVAGANT WIFE. She Was Married a Second Time, and After Running Thrcugh Money Was'Arrested In Newark for Begging. Despatches from San Francisco totay announched the death in that city of Eugene V. N. Bissell, fo; ond Heutenant in the U. 8 A, who commit Inbaling gee, His body wi & bellboy In the Grand Hotel, Brooding over his marital trouble ts @upposed to have caused his seit-de- struction, Bissell was formerly a member of the firm of &. Bissell, Son & Co., of thie city, He retired from business in 1999 ang wag commissioned in the army. le fought in the Philippises and In ina during the Boxer campaign. He left the army in 18. He was about thirty-five years old. He came prominently into public notice in 187 because of the divorce sult which he brought against his wife and the subsequent revelations that were made during the trial of the eult, His wife was Mary Valentine Yale, | of Giens Falls. They sloped im 1688 and Wore married. Mrs. Bissell had consid- eréble money at the time of her mar- riage and part of this purchased an interest for her husband in the firm of EB, Biggell, Bon & Co, The firm did) & business of ebout $400,000 @ year and Eugene Biseell's share was about 14,000 a year, Wife Called Extravagant, Owing to the extravagance of his wife the eum proved far teo small to meet the running expenses of his ea- tablishment. His wife alse inherited another fortune efter ber mar- Tage, but t it all, A sult for bills contracted by Mrs. | Bissell proved the beginning of difter- ences between the couple, and they parted after living together nine years, During the divorce trial Mrs, Bissell bees fm court that she had worn any expensive gowns only four or five Imes each, and her acale of living in other respects was equally extravagant. After long litigation a divorce was finally granted to the husband, and the custody ef the cbildren wes given him. After the divorce sult sotions ahs 4 brought against bim by\dressmakers for bills previously contracted by his wite. Her extravagance was further re- vealed, and claims for about $18,000 were presented to Bissell for settiement. ( ghe Gets Alimony, After his fret action against his wife Tetaliqted by bringing @ counter and alimony was awarded her. page Hep llebpoapighl or Pgh gh when ba eolisted and ts rer gk all gone. trtay in Newark it de ve veloped tte omachon Ly pod Raed fo for eight months | ‘fn Fr wee STATE CONVENTION FINED FOR SEPT. 20 oenalpilasinns Six Days Later Than Republi- oan Meeting—Hill Deolines to Talk About Democratic Nom- ination for Governor. Me od to-fay that the Convention probably % at Saratoga, six Republican eouven- migt@ have chosen an cariler ad, “Dut the Republicans | i when We come to it,” During the day Senator ent Liseeeea the situation with Oheirman Ta: 7 jew York State politi: New York. |proved Order of Red Me beam in the celling. . THE WORLD: FRIDAY EVENING, AUGUST !2, me EUGENE V. N. BISSELI, WHO COMMIT IN THE GRAND HOTEL, AND H1 OFFIOALORUGE WHILE OM TAN M. J. O'Hara, Great Chief of) Records of |. 0. R. M., Says He Drank with Stranger After Leaving Elmira. ' SUICIDE BEFORE MOTHER-IN-LAW eniabinasas “Good-By,” Said South, as He Fell to the Floor and Died Before Medical Ald Could Reach Him, NEW HAVEN, Conn, Aug. 12.—M. J. O'Hara, Great Chief of Records, Im- of Elmira, Who disurprared while on his t Council session at . has been in this elty end started to return home last nig! Whtie here he waa in care of Maurice Mean distant relative. Mr. Meaney at O'Hara came here Tuesday from Hartford and explained that while oo the train after leaving Elmira carly Sunday morning he aodepted an invita- thon to take a drink from @ bottle which & chance acquaintance, who professed to be a delegate to the Great Council, handed him. % ores eee and died before medical assistance ar- rived. South was a mechanical engineer, N.Y. ‘he should have committed suicide, Tne only reason that they can attribute is that for some time the man had been suffering from rheumatiam. South lived with bis wife, son and inner sent his son out on an errand ® bottle of soda water, of the houge and Mrs, Cusack was La the dining-room. South sat at ag act acid in Nhe ing oe contents, after felt the effects of the lauor, but was unable to control his actions. He says he realized all the time that he bad been drugged, and it was not until jeeday morning that he was able to nitely make up bie mind what to do. | Mis, Ci @ says that he then found bgovll the floor Hartford, so he took the in} Mire ut hed into th He Sew Haven to see Mr, Meaney gad }and pe “de bot tabard vacongciou M,. for | Et. cond ‘ might oak tine tion of Meaney last a ree Me a WG net tisot Wrient Hots Telativ ¢ are a nents After hat Mr. male abd Hare raved ke railroad station . anh Be Vea Winkle Teeponded | |, rater bone er ING FOR WIFE, SOLDIER DESERTS a) HANGS HINSELE TO SEE FANE Aged Henry Otterbein Brooded | Mother Netten the F the Fort Wads- Constantly for Five Years—| worth Authorities of Her Son Finds Father Suspended) gon’s Whereabouts, and He from Beam in His Office. Is Arrested, oe 1 is, er 4 South turning to th Me sitrae After brooding over the death of his wife for five years, eHnry Otterbein, seventy-three years old, an ironworker, of No. 46 Wooddine street, Brooklyn, ended his life In his shop, rod Nos. 151 150 and 161 West Twenty-»'n!' strest, to-day by hanging himeell to # beam In the ceiling. betrayed by his mother, married, but to whem hia mother vb- Otterbetn's wite dled In 18H, and wince | ieots, it le sald, because of differences in then he has brooded constantly. All! region, Henderson seised every oppor: the efforts of his ohildren falled to] tunity to see the rouse him from his despondency, andj ers objections, an lately they have feared for his reason,|serted from Fort as he has passed entire days without | to see her. speaking @ word beyond the cornmands He could not obtain Rave of absetice, he gave to his workmen, and walked out of the fort in full unl- He left his home at an early hour to- day and arrived at bis shop at 7 o'clogk, He nodded to Frederick Hau- ser, the watchman, and passed into the fear room. Aa hour later Otterbein's son arrived, and upon going into thi room which Hauser had seen hii father enter found him suspended to a om July % last de- girl lives In Lewis avenue. He remained im hiding thease several days, but his mother suspected lis a was, and notified the uthorities at Fort Wedeworth, They Meriden police te ar- He cut his father down, but when an ambulance surgeon arrived from the New York Hospital the old man was dead. Demareation tm Guinea, ‘The Frenoh members ef the Franco- Portuguese Commission for t!+ delig- Sutiunerien senna” tation of the boundaries of Guinea have WOOD NOT ALARMED. Just returned to France, efter an ad- E : ventirrous but successful expedition, Believes that Wite and son, on| Th boundaries fixed are about 190 mil Canoeing Trip, Are fate. in extent, but the countries traversed William Wood, the New York mana. | ihe sxecution of the work have tem ger of the United States Life Insurance Company, sald to-day It was not true | Povtle © © degree, which caused fhe that he was alarmed about his wife and Eee ee ey ee son, who bave been canoeing for seven weeks on the Capadian lakes and rivers togard Lake Champlain, ir. Wood sald he heard from the party three days ago, and that they then said they would telegraph him when they reached Crown Point, on Lake Champlain. He expects they will arrive there in a few days, when he will jola them and continue wiih them on their trip to New York by way of Borax doubles the and water. ‘Mule-Team party started several pe Sonnaing pow of , | Tn the presence of his mother-in-law Edward South, of No, 108 Bradhuret avenue, swallowed carbolic acid to-day and his family are at a loss as to why mother-in-law, Mrs, Cusack, and after Mrs. South was sitting in the front sald: iy, and fell unconscious to! Henderson baa long been fn love with a gtri to whom he is engaged to Le! form. He went te Meriden, where the TED SUICIDE S DIVORCED WIFE. [CHAUFFEUR DEAD AUTO USE Three Other Men Badly Injured When Man Running Big Ma- Trying to Turn. (Special to The Bveniag World.) NEWARK, N. J., Aug. 12—4 boy wus Killed and three men were seriously hurt to-day by the upsetting of an au- \omobile in which they were riding Ja avenue, near Smith Charles H Rellly, twenty years old, of No. 14 North Clin- ton street, is dead, and the injured are: Bartholomew H. Carrick, of No, 6 Weat Fifty-third street, Manhattan, out about the head; Benjamin C, Johnson, No, 11 Haletesd place, East Orange, ured, and Julius Volk, et atreet, East Orange, Reilly died in the Orange Memorial Hospital The others, after their wounds vere dressed by Dr, min H, Voel+ , of Bouth Orange avenue, were viaced under arrest and held pending an investigation by the county author- Ithes, According to the injured men all were fatality occurred. They were proceed- ng down South Orange avenue, in Valls- & thirty-five-mile-an-hour-olip Winton Tonneau, intending to cut through Sandford street into Kast Orange. At Smith street, about a block further than Sandford, Reilly at the wheel and lever, realising they had Passed his point tried to reverse and After the gon had left the house South | pulled into the curb, and then attempted Went out, and when be returned be hal |to make the turn in the mafeay, The machine, weighing almost two tons, upset and the chauffeur, sald to | have been inexperienced, could not get the tate | from behind the wheel and was pinned under the wreckage. When pulled out ifs sla wheel pressed against his His Sasaslins were buried consider- able distapoes on to their heads. | Chief of Poliee Hector waa soon es hand with Policemen Ryder and Van- , and after ing Reilly out of thee wreckage Takes oi others under p< ee DOUBT PRINCE HENRY’S VISIT German Foreign Offee Has Heard Nothing of Trip to America. BERLIN, Aug. 1)~The Foreign Of- floe here has heard nothing of the re- fet Prince Henry is Kiserica sad sitogether Thomas F. Henderson, of the Uwited Rtates Army, has been brought back to Fort Wadsworth, this efty, to answer a charge of desertion after having been Geapite his moth-| in order made ‘oquiries, She | “ $8.00 find shoes. As every way “qual to eny Ws be $2.50 shoes | hine Ran Into Curb While under the influence of liquor when the! W. L. DOUGLAS mx $3.50 SHOES .= Poor At the Mon’s Shoe Fashions of the World. EQUAL TO 66.00 A! Dougtas G. C. & B. BU Calf always gives satisfaction. w. L.Dougias § $3.50 shoe Stores In Greater New York: SOUGHT DEATH ~-ATUNDERTAKER'S | Sitting on dean Uh Case in Front of Funeral Directors’ Place, ' Williamsburg Girl Drinks | Poison, } | PROPRIETOR RUSHES OUT AND ADMINISTERS ANODYNE. (Nellie Jellinger Brooded Because Lost Her Job. Nelite Jellinzer, sixteen vears old, of No, $ Sanford street, Williameburg, tried to kill herself to-day by drinking fodine while altting on @ casket box tn front of an undertaker’s place. It was only through ¢he quick action of the undertaker tht the girl's life was saved. The mirl had had words with her mother and step-father on account of & deception which she had practised upon them. They threatened to punish her for her misconduct and thie so Dreyed upon her mind that she bought ® bottle af polson and determined to ond her life. Laat week the iri lost her job in d sik factory in Willlamsburg, Bhe told her father and mother nothing about it, Dut when Saturday night came oi @ould not produce the money represen: 4 by her earnings Her parents ecold- her for not aboat her pray mee te To-day Nellie took her Net out for heen With te ee rhud went to under: 's pla on &@ box used for the shi ‘ot cas. bites Aree tome little time ellie re re turned to oe ry and left Aj sister there, Ti went to iH the ne! imhborhood and told the the clerk at heat mother was suffering from rhe 4nd that she w; gene The clerk sold the From the drug store Ne! “7 some 10 cents’ P. Duffy's undertakin, ka ¥ jushin, ue. + the box. Du! by the girte started to ve the ator ut the pate to ber Ups and drank {ts con- Duty caught the girl as she fell, He 4 ote Lad ere and poured nodyne throat, An mba | Anoe was, i tummoned from the Cwn! 4 Street Hospital, where the girl is at present. Bhe is ie to recover, DEAD WITH A BOTTLE tN HAND denciilinions Well-Dressed Man Found on East River Pier and None in the Neighborhood Could Identity Him. With an empty vial that had con- tained carboli¢ acid clasped in his hand, the body of a well-dressed man was, found on the pler at the foot of East Ninth street to-day. The police believe “i he committed suicide. No one in the neighborhood knew the man, and his body, after being taken to the Union Market Police Station, was removed to the Morgue. The victim appeared to be about forty-five years old. He had blond hair and mustache and blue eyes, He was dressed in a biue sack coat, striped trousers, white shirt, with turned- %. down collar, lace shoes and black socks. W. L, DOUGLAS MAKES AND SELLS MORE MEN'S $3.60 SHOES pd THe WORE oaths. They are so in-end to retura to the we. GRAY KNOWLES, Asst, City Solicitor, Phila, © $8.00 SHOES." ch eabenee W.L. DOUGLAS, Brockton, Maes, SP aaite Avene ‘bet Leth & 147th Ota. BROOKLYN. 710 Broadway, cor. y, corner Bireee, corner Her Parents Scolded Her for | Not Telling Them She Had | BADGE REVEALS IDENTITY. The body of Charles Crowley, @ boss plumber, who lived at No, 6 Bast One Hundred an@ Thirty-elghth street, was found to-day in the Bast River off the foot of Forty-seventh street, Crowley was a member of the Wamp- @noag Club of the Thirty-fourth As- sembly Distrlct, and went on that or-| wanization’s annual» outing to College | Point last Monday, When the boat was| [making Its tandiny ft Bast One Hun- (dred and cary cal tits wan believe wea all were soued, a je re It is thought Crowley waa among this bummer, PERFEC" - in fit- -wear- dg of the Bugene J. MeGuire | i wea oat, om the body and cation, Store sells the best 1s for the least money and t saaitien'e ives Green Trading ‘sefmpe with all pure oat until 12 Oclock— le until closing hour. Fit! Com o be redeemed in the Premium Parlor on the ele si Ready tor a Rusy Half-D, Store Closes at 1 P. M. Saturday, You will find The Big Store well equipped ovary pare Ly ready. ne your every Q reat stocks of every t possibly oqeenty the many articles that el ig en) y= parcel wrappers are’ susioned:sf Gi counter—no long waits for change or parcels. Dependable Merchandise—Lowest Prices. [Women’s Shirt Waist Suits Dresses at a Clearance Pric Prettily fashioned and carefully made garments in p of very serviceable quality. The season's most d b Made of sheer white La Mercerized Chambr ca ad Faery Linn ond Figured Lawn. pg poe ones) with lace or medallions, and some neatly ready hat Dog l yeni with net 4 3 06 Sat ‘Women's Outer Apparel Sections, eh TY Fleer, | a Sold Up % $7.90. Sood Shoes and Oxfords| I For Men, Women & Chitdren at | Petr Qualities that sell early in the season at pri anging $1.50 to $3.50. (Consolidated Bhos eo eek Floor, | Fifty Se. Cigars| Wines & L vuoi Saturday A 00 ¥ Worning for Choice of pag the follow- ood grat t comprise a fees us t 32.29 a box 50 SUMATRA_WRAP- Your Choice | PER PURITANOS, 50 PORTO RICAN CAZ- Z, OO | avores, | ° | QLD FRIARS GR! PE BRAND PURrTaN BLACKBERRY on OLD" Mawnan scorer i RMI 50 SUMATRA WRAP- PER PANATELAS, Any iat, |S0PORTO RICAN x Clears | BREVAS. y Mall Orders Sol! igs } (Malp Floor, East, F | Saturday Morning In Ghe Men's Store. Summer Suits fect as to fit and general ance. Norfolk single or breasted coats. They Must Go! Not @ Summer garment to be carried over. Every one of these Summer suits will become @ Silent Salesman for The Big Store. Men's Crousers at $2.00, Why They Are Such Great Values: Reason 1, Every size frem 30 to 54 wait and 28 to 58 length Reason 2. WE ARE SELLING PERFECT FITTING. ERS, MADE OF SPLENDID FABRICS. AT FAR LESS THAN C YYOULD GLADLY PAY AT WHOLESALE. Qala Floor, (Coat and Trousers). AT Sey pe eee fabrics, in- eudieg Pia of soft texture, in Bl a on designs and gota Gurmens oe are per- double. CHAS, W. WOLF, | Manufacturer of Tranks and Leather pi 189 BROADWAY, near Dey St. 28, 58 and 72 Cortlandt St. Annual Clearing Sale. i of Trunks, Bags and Suit Casdel STARTS TO-DAY. These sale periods provide immense assortments. We have a larger more seasouable stock this year than ever before. The articles here en give but a slight idea of the numerous bargains offered. No matter what ling requisite you require it's here, and at an exceptional saving in Lag? 2 DR. SUIT CASES OLR MING SALE Manin 1 pean f er 1,90 WEEE neal Tamtere= value $4.0) Gong, pie rage ad iT nie Pont jon club begs. 4 Stores Oo es a for . DRESS Suir wae made of wold | wle leather, in wees oF russat, Larned of sap bell rivetae eet 38 OF SUIT CASES, MAD recite See ee look. |OUR ey Pett ALL-Al fevele ant rivet mies brass spring lock. straps Hinem, lined. with hi vahes AILROAD TRUVICS, iron bow shasta gata SPECIAL lor oh an Swe all I Ma Dou ag rei