The evening world. Newspaper, December 13, 1905, Page 1

Ya hi Circulation Books Open to All,’’. Bae DAY, "DECEMBER 13, 1906. Pama MIM WAKEL! NeW YOR YORK, Ww iD DI (RESULTS EDITION | _fRICE ONE | ONE CEN SSS POLICE RAD ii SLOT C4, TRE, = ~ CONTEST GOES ON yer's Fate to Be Guard- ‘Court of Appeals Declares Votes Shall) °4 During Trial Not Be Recanvassed—M. O. Leader Will Now Begin Quo Warranto Proceedings, Their new "Skinny lke" The Hi igh Jumper Costigan and His Men Break in. Play Havoc with the Fittings= | The Manager of the Place =f Is Arrested. 4 THEY CANNOT GO HOME! First Time Since McLaughlin Case Such Precautions Have Been Taken, (Special to The Evening World.) ‘ALBANY, N. Y,, Dec, 13,—William Randolph Hearst was defeated tn fhe Court of Appeals to-day in his contest of the election of George B. MoClellan as Mayor of New York. By a vote of five to two the highest legal tribunal in the State held that the ballot boxes could not be opened ' 7 : } f Acting Captain Costigan, who succeeded Eggers, @hd a squad of ten {ectives made a suddon dash on Jimmy Wakely's place, at Forty: u street and Sixth avenue, late this afternoon. They forced their way inte Sensational incidents following tach | other so rapidly that they bumped! marked the opening to-day of the tril for @ recanvass of the votes. Judge which was concurred in by Chiet Judge Cullen and Judges O’Brien, Haight and Werner, The dissenters ‘The Court reverses the order of the (Appellate Division, First Department, and dismisses; the proceedings with costs to Hearst, ‘The opinion declares that the direc- ttlon of the law for a recount ts ad- Gressed to the thspectors of election and that the statute discloses no au- thority on the part of the Court to in- torfere When the tally sheet and the patlot clerks’ returns do not agree tho mistake, the Court says, must be rect. Ged by a recount made by the inapec- tors on the night of the election. “It #0 Important an exercise of judi- cial power of supervision or review as is contgmplated by the order of the Courts below was intended 1 think tt should have been stated and pot lett) to implication. Not Intent of Law. “I do not believe that the Legislature | intended that the court or a judge ehould ait in feview of the Ministerial | work of the election officers, and I do/ fot find any provision of this law that goes 0 far, “Ht in mot a a’ they wld have the power, but whether the Legislature has con- ferred rhe There is no ro for the! ty . The , wimpy to construe 1 efe feetuate ttw to the Legistany few er . Omissions or to remedy detent. | “fection & of the election law dis-) closes no authority conferred upon’ the ing amd consideration distinctly import | that when the tally sheet, which is made up by the inspectors, differs from the return of the ballot clerks of bal- Jots given out to voters, the mistake at} once appearing In the count must be corrected by a recount. Trying for a Recount, “The language is: ‘Such (that ts, of the total vo acuvounted for by the In+ spectors upon the tally sheet as | tng been cast) must equal the number of ballots voted as ahowa by the ballot clerks) return of ballots, and if it aves not athe bas been a Lenn a ue count the ballots e@ounted, do." "Thai 18 fo say the mistaly being made by tha inspectors in thelr prosvat ‘cof these ballots voted they must once go over dealin and re-canvass to bu observed that when the in heve completed thelr wor proclaimed the result the counted fn @ box under tion 84 does not a tock and rege sw a confer any a ut tn terns upon the court to reopen and to recount, Py 0-4 power to ma ballet box ferred by Section 11 and fs jared t) am examina wontants, ; y repson may be found for, he non-inte: ed of the court with | _ the. miniet 9 led of the election 18 ¢ sho known, Tt ‘ipa oy the result eball not * ai shank ct aes! wf a te canynne © ‘lye Are Impolitic. i that the admintartay pental eshould be wevtion of whether | Coury @@ Interfere, and {ts careful read: | Gray wrote the opinion of the court, were Totiiee Bartlett a id Vi GIAD CRUSHED TO BATH O THE {Police Unable to Solve the Mystery That Surrounds the Employee’s Death. 7. R. Atentice, a guard Gn the sixth avenue elevated wae killed Inetantly thts {afternoon by @ train mt the One Huné dredth and Pifty-Mth atm et ‘#tation, | Three dayy ago a switohinan wad killed | at the some place, There ts conalderable mystery surrounding Allerdice's death, | Which the pollee have beer unable to | @lve, The motorman of the train de- slates he did not see the guard/ Allerdice was jammed between the | Station and the fourth’ car of the train. Stains on the track Indicated that he | had been dragged or thrown for twenty- Ave fool, A. deep agueh tn, the back ot| his, head was the injury on his "the body war ‘not Cire atter the Mie: had 4 unit | into Ge Poe ‘eintt Ke? wil cross! in ridden only ape an could not find | btn only pags he fay All the ernioye of, eh mer, y became ig OP ae the track | prong eman About mt tio. sudde ena | ea 2 & cated fonnc, d La | No. ta | fourth’ street, "the Mmerearnng, Pig | placed him under arson, “1 don't know, 1 killed,” sald Mevah Hor, him On the track é atdnt: ‘ae the | train hit him, BH @ been, hit by one of the rear sare }terests made by Mr, Rand. | their holiday association wii of Abe Hummel on a charge of con- epiracy to annul the marrigge of Charles W. Morse and Mrs, Clemence- Dodge Morse, For the second time in the recent history of the Criminal sranen or tne Supreme Court a jury is kept in the custody of the court officers, District Attorney Jerome obtained an onler ac- complishing this with the Hummel jury on the ground that he feared attempts would be made to bribe them, The determination of Mr. Jerome and his assistant, Mr. Ramd, ‘to secure a conviction is open and undisguised, In fact, thefr hostility is so apparent that his counsel moved several times soon after the opening of the trial that the entire panel of jurons be discharged be- @ause of remarks prejudicial to his In- A. Sensational Trial. ‘The trial promises 16 be the most #en~ sational and hotly fought in years. De J, Landey Nicoll ahd John B, Stanchiield fre determined to fight.to the last diteh, ‘The last time @ Jury was locked up to protect the members from attempts at bribery in this olty was during the trial of Inspector William MoLaughiin. Jerome's motion to have the jury se- cluded for the length of the Hummel trial crested a sensation among law- yors. y The Homme! jurors will be comfort- able In tholr enforced captivit; District-Attorsey has engaged of nineteen connecting rooms at the | Broadway Central Hotel, and the ‘twelve men Will be ladged there at the | expense of the county. Members of the pane] were dismayed when they learned that those who sre to decide upon the evidence wi from thely families and busi week or more, Should tho over Christmas they will be depri vo: ae wives and children—such of them as re equip, with these comforts and joys. The foreman of the jury isa bachelor, jo is Abe Hummel, used persons} interested in the welfare Allerdice was married and lived at No. 005 West One Hundred and Sev. enteenth packet? BBLS, CLARE HELD HELD FOR MATHESGN'S DEATH 4 Watchman Ad Admits Killing Prowling Animal, The Coroner's fury summoned | by Coroner Berry, Ih the Bronx, returned, Adu, of No, 1907 Balstow street, was thot ard killed on the morni Jat sounset Deo. § met his denth by a a by ‘Antonio Calare, the young witchman at an unfinished a apart house Maines whieh. Dr. Matheson's was found, At the inavest today Calare ie flor that he ‘hres hte times at Dr. of Inspectors Matheson. Mis exptanntion wis that he bo t bs pag ie Was, same tout tn he Al Doctor Thinking Him Some | Plot to Kill Dodge. Assistant trict-Attorney Rand ac- of Huminel of plotting to kill Dodgo, bhe oflef witxess for the prosecution, and an attenp! was adtually made jm his life, Justice Rogers was late in ca the trial after recess, The defendant was bays and) cheerful when. he reached courts) He across to yr reporters’ table as he was removing his coat and remarked: Fi acd boys, i myths escaped yet. m Johnny on the spot.” “Bb ontea: thet gine Sosy she: vasa ta during the trial District-Attorney Jerome paid: “The personal Character of the defend: ant and of bis firm ts such that it would be Injudiclous to allow these jurors to separate. It will be impos- able to watch them all, This defend- ant hid been once disbarred on his WORN ander ®. Orr to the former place and and made @ speech, put didn% hint at | by. the iralettonay tonttraing his ¢on- ‘own confession that he bribed a Judge," Mr, Jerome went on to explain that of the | to-day, a verdict that Dr, John Mache. |¢ince his arrest Hummel his been at | say what policy T will pursue,” Mberty on Fgh {mn the custody of his thet Mumme! be Bat ingens wae toe Justice Rogers took nis seat promptly At 10.80 0" ‘The call of the rou of jurors jand then ‘Thowus P, Wickes, the writer ot “Lewis Jarvia” letters, for sentence » Yet Fight tor Delay, waual Min ty sok PERKINS OUT; PEABUDY eS “MUDLARKS” RACE. MUD CUT {0B AFFAIR GROUNDS Heavy Stone Makes Change in Condition of Track, Big Alexander E. Orr New Vice-President of the New York Life, (Special to The Evening Werld.) FAIR GROUNDS, NEW ORLEANS, ‘The New York Life trastees accepted! La., Dec, 13-Mudlarks had thelr In- the resignation of George W. Perkins] ning at the Fair Grotinds to-day, The as Vice-President and Chairman of the}|howvy storm df list night /and this Finance Committee api elected Alex-|forencoh changed the going from fast 4o heavy, Denpite the fact that there 8 & change in track conditions there & few. ratatehes. The weather rainy and a small érowd waa out. Beventeen beoks out for the day's busl- ness, “ John Claflin to the latter to-day.. Perkins did not resign a9 a trustee, President McCall wag at the meeting Mr. any intention of getting out himaolt. Mr. Perkins's resfgtation was forced interview of Hy D, Brown, which appeared in the local papers to-day, created quite a sensation In loca) turf circles. Brown, in his in- terview, calls President Heasiip, of the New Otieans Jockey Club, and D. H. Barnesythe genéral manager of the City Park irae, and who js also president “Curly nection with the #ompany and with J. P, "Morgan & Co brought out at the insurance inves*igation Charles A. Pedbody was elected Pres. ident of the Mugual Life Inauranee Com. pany at a méoting of the Board of Trustees to-day, Mr, Peabody's elec-} of the ity Jockey Club, “bird dogs” tion was unagimous, for Bd, Morrigun, and that they foliow Mr, Pea "a salary was fixed at out his iietructions to the letter. $90,000 @ year, His predecessor, Richard] Brown also in his interview says that | A. MeCurd¥) received $150,000 a year, ‘was pt anxious to start at City Mr, Peabody will take office on Jan, 1, when he will relieve Frederic Crom- well; t president, The Board of Trustees adapted @ res- olution of thanks to Mr. Cromwell tor his serviced as temporary president, Oharles Peaboiy was nominated for trustee to succeed Justice Rufus W. Peckham, and Eniory McClintock was|% nommated to sugceed Blihu Root es trustee,“ Both of these nominailons, under the by-laws, went over until the next meeting, Charles A, Peabody, at his ciice, No. 2 Wall street denied that he would rep- ted to protect some of jolders in the New Orleans 80 Saye that he leans lub into the hands of @ re- Jockey epiver. Tebucpecn Sie 10 5 al of Pra re pipe mon. ‘ to t Sia 5 to? hind, tan caulrane t jonet RE Hit Waiter Bont mae RA it fer, antel and D, W, LATEST NEWS OF SPORTS. *|TOM HASSETT LANDS resent the Standard Of clique as Op dent of (he Mutual, | iM @o not represent any Interest, he said, "I, Will bo Independent in the Mu- tual as) have always been, I cannot at i" H four-yenr- Mr, Peabody isa lawyer and the and wating one mae and one. Ma las ag i penn ial (Over) 8, Net isan, aq Ye Ny tpi 'n | Walah), & tolt and 2 to 1, wecond; Athe- several banks a bid it to 4 8 to 1, third. “ Ta na, a, de ments ty ans taab Aven a AWeddell Golden Rus: and Tenny Belle also ran, After Incendiary Suspects. BRUNBWICK, WN, J.,. DEC. 1In- condinzios stom to be pursuing, the _ elschinanns at Millstone. A lange hay the Fleischmann place was it week ago the large wr mae ire o Slave Trading. the diiniater of the to-day signed a With two to five years’ heavy fine avi Mirae in the = es for cuca Ge © train! track oi rou! are ut @ room over the saloon, where they found over two hundred men. busily ‘I gaged in picking good things et City Park and the Fair Grounds at New | 01 leans and laying their money at roulette. As soon a8 Costigan and his men forced in the door thers Was a . panic, The men in the toom made a dash for the windows and half @ donen, of them leaped from the Windows to the awning tolow and slid to streets, AT THE POINT OF REVOLVERS), ‘i ‘The detectives had gained the puolroom by both the inside and wr entrance, They had battered down the side-door entrance with bars and sledge hammers and force thelr way up the inside psn volver in hand, ; When they rushed in upon the throng of men in the crowded every member of the squad hed his weapon drawn, and in response to a signal from Costigan and Detective Sergeant ar Maher they pick five men out of the crowd, (th the panic that followed they only were able to make three in the pool-room, One of them was Charles White, the manager of the pice, He was beaten almost jnto insensibility before ho was made a prisoner, cin P ANE EVEN MORE CORRALLED, After these cuptures were made wpstairs half of the squad of di Some of the Most Promising! went down into the saloon to round up the rest of thore who had marked for arrest, and altogether ten prisoners were taken, many of thei) Events Spoiled by Con- reslpting and fighting desperately, % dition of Track, The raiders had sont {o the Wast Fifty-first Street Station for patrol wagons, which were rushed to the place. The prisoners were hustled into | the wagons and were on their way to the station-house before Capt, Lantry “ realized the situation, He had no warning of the raid, When he arrived at the galoon a roulette wheel, a hurt ot tele phones and a Heap of racing paraphernalia were being put in the wagons. He looked on, but did not interfere, The evidence taken in the place was driven to Polive Headquarters, j (Bpecial to The Byentie World.) NEW ORLWANB, Nec, 13,—The over- | nigtt entries at City Park protnised an abundance of racing, but rain eased a reduction of tho Melda in weven races Py menkrs proportions, Some of the moat promising events were ' races, fe Rat RS on HER BUSINESS ALICE ROOSEVELT 10. | Aas City Park ane aaent decided RIVAL WITH A RAZOR BE MRS. LONG WORTH, srorny, tbefore the races starts a4 to Sees, the ST an . he 7 Foot UW sorts Tetore a Mrs, Donato Attacked Mrs, Grose, | President Announces Daughter's En- veep! cou " 1 os He icPtrtok in pore condition, Who Is in Long Island City gagement-—Marriage Set for alley couse & whittling of the Ga rhe toh numerous. scratches ne '- tol- ‘The results of the races ows: i FURST Li 3 to 1) 1. Kingsmere ( for Dice bay Devils 8 Tmek he RACE-Five and a halt ur knee ermboane (16 to 1) 1, Laura Hospital, Mre, Mamie Grose, who resides with her husband at No. 161 Vernon avenue, Long Island City, was to-day out across tue Mee and ear With ® razor by Mrs, Marie Donato, of No. 144 Vernon ave- u February. WASHINGTON, Deo. 13.—The toltow- | ing was given ont at the White Rewiiyr..| this afternoon; "The President and Mra, RACE—Seven_ furl ¥ eane! Time mato fled after the cutting, ‘er. Ad MA foe plecs) &. al Fars, the polis pe; ath for hy Sere ines announce the engagement ¢ The hind mce was declared off on ae taken, to Bt. John's Hospital, | daughter, Mise Alles Lee Ve not been pit e account of bad nay ff any atouve for the cutting, Mr. Nicholas Longworth. "The FOURTH jx url long Tipe that business rivalry was } le for the deed. Both women | will take place about the middle of | for place, 3)" eke one made’ i eae Mie grocery nd tule OH Payer FIFTH RACE—Purse $50); ‘for theee- | year-olds and » mile and er i ada. an, it 4 sl Delppit. f an! Sot secund; ‘ F (tiene thiede Hymet: . ° f=! POLICE MAKE on al SECOND RAID — ON GAMBLERS Roundsman Black, of Acting Captain Costigan’s squad, donducted a raid on the premises, No. 42 Union square, late this afternoon. They broke in through the windows and found inside 103 men who were alleged to have been gambling vt the races and playing stuss. The men tried to break: throught through to the street, but were held baok by the display of reve, oy FAT OFFICIAL PLUM. Mayor’s Assistant Secretary Nartied as Secretary to the New Water Supply Commission, Tom cre tt, one of hed ‘8 beo- retary’s, has been appointed as tary of the new Water Supply Chale: ion, which tgs charge of acquiring now water supplies for the elty under gn act of the last Legislature. Han- sott’s appointment was anounced late thie afternoon, gene position is @ permanent one, as the new ng t,t will have a tong it. et ese =i They made three arrests. This raith like tht ond: Jimmy Wakely’s, was conducted over the captain's fh this instanoe Capt. Herlihy knew nothing about jf-vatit: alrovér. The sign on the window. where the -raid\was ‘ead “Hair Dressing Establishment.” —_——+o—_ —- we + FAIR GROUNDS WINNER o Fifth—Townes 7-5, Flay ny 6-5 place, Remington, Sixth—J.,P, ask 4 pe) ino 3+ 1 pl. D. Micki chaec pot eas Te, lo-day int the “tas enone ks ac ae Sixth—Lampatitome 5-1, M Seventh—Sheen 6-5; Henry Ach