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__- anda of the Board of Ele PRICE ONE “‘ Circulation Books Open to AU.” ~ WHATHER—Ratn to-night; Taesda: ron NEW YO RH, MONDAY, JANUARY LAWSUIT TO OUST M'CLELLAN GETS A HARD SETBACK - Justice Leventritt Blocks Atty-General (Jackson's Attempt to Seize Control oe of Ballot-Boxes and Ballots Now: in Custody of Election Board. VACATES THE ORDER WHICH ___ JUSTICE HENDRICK ISSUED. Asserts that There Is No Danger Whatever that the Ballots Will Be Tampered with, While-in Control of the Elec. r ~~ tion Officials.—— = ——F—“Attorne}-Gerierat “Jackson-received-2-sel-hack this =afiernoon-in his suit to oust Mayor McClellan from office and declare William R. Hearst the lawful Mayor. oi Justice Leventritt vacated the order issued by Justice Héndrick under Swhich-Mr; Jackson sought to obtain possession of the“ballot bo and the ballots. He ordered that the ballots remain in the custody of the Board of Elections. The argument was on Corporation | Counsel Ellison's motion (o vacate the jorder of Justice Hendrick. Mr, Ellison satd. that the Board of ——plections was-thejegal custodians of the ballot_boxes under the election law, and that this midnight order slned ty _ Justice Hendrick commnniied the, Board et bal ie to turn over the soreness of the parties to-that-action.— a “Attorney-General Jackson replied 3 perscn. tat pelory act —precsaded, far Justice Leventritt interposed to 8s: “You do-not-mean to contend that the Gourt has the power. (0 take the evi dence in a tigation out of the custody of a disinterested party and pUrAES over to one of the itigants, do yout “phe action ts brought In the name ce the people, sald Mr, Jackson. “And you are the utcorney for the people, are you nott* asked —Justica Leventritt, “Will you point out to me “any “laW whitch “gtvee-the..Court power, Sto smpound the endiyes and give it {nto—the- custody of one of the par- tes to {he controversy—even to Ula People of teti State? “{ think I ehall have to rely_upon the general power of the courts." re- qiirned Mr. vackson. The he sald there was—danger—of-_the—-destruction of the evidence. This war denied In the maine by the “Mayor and the Board of Elections, \Ex-Judge Butte, for the Voard of Elections, described the way the ballot doxes were locked and sealed and sciled again and the keys Kept in the handy of the Board, while the managers of hacwarehotiees were told that ie WOUlT be a felony Ws utow-any-orete-enter:— Justice Leventritt, at the close of ~4hearmument,vacited Justice He drick’s order. ’ i “If there was any question of tamp- ering with the ballots, ‘—he sald. “a “question srhich was=not ratasd -by—the Attorney-Geheral, then Wie Court might act. “But inthe absence of any such "Taha ree Ore Tarte sto ~sustity uct nme picion, T- cétinot override the statute, which provides specificany that the re. ~tody—-of ths ballot -baxes-ahattbe inthe fons, 1 therefore conclude that the order of Vustlee Mendrick impounding the duttot boxes into the possession of the Attor= Bers Uehara should nat be continued.'” ttorney-General Jacksan camo smiling. He told the reporters that thi: did not affect the matin issue, _ CHAMPION GANS W TOWN TO-DAY Begins Theatricat “Engagement ‘j, at the Murray Hill . FF Theatre. DP 8 _ Joe Gans. the Nahtwelicht champion trived:in New York Aina 6 He begins week's engagement with a vatideyille troupe at the Murray Hl Theatre, nis 8 Gana's first appearance in. thid e fONEHE Willie Lewis nt ‘the N's noxt opponent '§,000 GET WAGE INCREASE, PITTSBURG, Pa., Jan, 14.—The tin workers employed by the American Bheet and Tin, Plate Company, a sub- aidiary Concern of the U. 8. Steel Cor- poration, haye been given a two per cent. o © in wWase effective at She tacrenne 2h exemination ore the. st .represen| ft Basteertd, worst a mien are attested. WILLED BODY 10. —TSPITAL, DIED +BY DRUG AND GAS Squandered a Fortune, Became Despondent after leaving a will in which he be- 4jeathed hla body to Flower Hospital inthe daterests of actence, Walter Bers- moehm, twenty-eight vears old, of No, 233 Fifth street, ended_hix life to-day by a bination of chloroform and gas and was foin}-42ed-5p—itudolph Barth, a wealthy wine merchant of Fourth street and Second avenue, who has been his most Intimate friend since he came to this country from Germany, In commttting sulckte the ung man Atted-the-chinx-to-thyeo-yours' of high who 1s a colonel In the Kalser’s arm: — When he came to New York he had 97,00-1n [cash and drafts for sevetal thousand more. He had “also a. «mali fortune standing ais name nw Dresden bank, according to Mr. Ra;th, Young Besmoehm spent, with both ands; and would not ike the advice oc his, friends t@ settle down UntT™aIT Nia andes: 1, “Then, instead oF borrowing, 7 To work—az—# draughtanra iat $3 a ween. This gniiet bis~pride—andhe_brooded continual Tia melancholy Was ntcreased over al love affaly that had coat him thousands of dollars. He Naud teen réngaged to a hutdsome young Germar git, —amd-neye {shed presents upon her and her family. For some reason which he refused to ‘explain hedectded not to marry the girl, thougi hor plYenGh Were-wittne Qid cagerfor-him-te-muke. the match, Two weeks ako he Guirrelled with his employer and quit the job. Me called at Mr. Barth's Hungarian vate lust hight and began to tatk wbout death.’ He seemed despondent, and: in- forined his friends that he bad mado a will, committing his to the Flower Hospital, A surgeon at that thie stitution had been one of his closest friends, Ht had” long “been his custom to Cbreakfast In Mr, Barth's restaurant, and when he did not show uo; to-day-ats friends recalled his) gloomy: (alk: last night, and, became anxtoua. | Headed by Mr. Barth, they went to his room and broke open the door, from which gas was then escaping Jn considerate “volume: They found. the young man dead on the floor. In his mouth. there was 2 quantity of cotton: soaked with ohtorotorm, I> had lett-no letters, but Onc the. bed thereewas one from Nis father. telling him of his mothor's feath and praying him to come home, pase ee CONTEST ON TO BREAK CIRCUS MAGNATE’S WILL, \ WHITE, PLAINS, Ny ¥., Jan. .—The contest over the will of the Inte Jamea ‘A. Bailey, the olreus proprietor, wan be- [AHiMard. ‘The property left by Mr. B: Ticetate was left to the Svidow, a Geeks Of the Tittiso Balley, who i made solo’ oxocu- Aout "508 gun to-day before Surrogate Frank V alley’ jm valued at about $2,000,000. Thi ct eiguieanaysiae dene hep kse OUR NONE = FAMILY KILLED BY GAS LEAK One Son-Was Away at Wedding and Missed : Death. cs THE MILKMAN BROKE IN. Tube Connecting Stove Be- came Detached and-Caused - i. the Tragedy. Escaping gns killed a father, o mothet_and thelr son and daughter to- day at-No, 115 Hopkins street. Williams burg. Tho gas which almost obliterated a family fund a email leak in the home of Phillip Reuben, a grocer, In Reuben's family were his wife, Rose; his son, Frank, eighteen yearx old; Hattle, a daughter of sixteen, and Louls, the eld- est of the children. tothe redr-ot the emall-grocery Is a Kitchens Next ts—thr—dining—reem.—tn which the daughter slept. ‘Then came a bedroom occupied by the father-and mother, and in the rear of the apart- penis eas astm} rocen-in_whicti the slept. 7 specainesotsthe dampness Inst night the father and mother took the gus ve from the floor of the kitchen and placed It on a washtub. It 1s belleved that they broke the tube while making tty change, Then the family, with the exception of Louls, retired. ‘That gas Was escaping from the 5 was discovered to-day by a ‘The rear window. was broken open over the bed in which Frank lay, Hila little room was found filled with gas, The milkman then went snto the bedroort of the father and mother. This filso was OM8d with gas-and the couple were uficonactous,1n the room next: to ths kitchen lay the daughter, Hattle, ping aneomsstoms ‘Ambulances were called from the Wiitanoburg and tha Cumberland Street Hospitals, but before their ar- rival We father, -methar-and_son were apartment nilkman, dead. “The gil. however. was alive, and she seas taken to the Wiltiamaburg Hos- where she died. Tag the doctors were working over jhe daugnter-and the police were buay with the bodies of the father, mother wad son, the eldest son, Louls, arrived home, He had been to a wedding, As he entered the apactments _he np thre-bodies of his father and came uo! saw dead mother, TBeh. Uh t-furtner inte. the i A peoeerhe jaw the unconscious form, of vas such that ater and his grief was such het aeif hardly be controlied. ; Ge axpiaining how the strl lved. in clowe to where the gas walk wile others. tn the Test rooms . fied instantly, the police say thee there was a draught fromthe weet which carried the fumes through Hae roomi-ta-the-renr_of the -apartmendi- MULLER'S MAN. living, which had nally draine hfs re- yources-end—compellud him to earn his! A ATE in “i x i He lwaa TSE FE E ~MATHOTS JOB Former Sheriff. McCor- “mick Tipped as Bing- -ham's Third Deputy. There wae & persisent=Teport. @round the City Hall to-day-that Charles J. -Me- Cormtsiy— of -Siaten Jeland, who was. Sheriff of Richmond County up to Jan. 1,{ had been appointed Third Deputy Potict Commissioner to succeed Mr. Mathot, RStgnedts Nov direct confirma tion, of the report could be gdtalned, but McCormick's appointment would be. a natural move on he part of thd Mayor ame of politics he ts ptaying, for Nic fuller, the Democratic leader of Staten Mand, 1s antl-Murphy, and ts now MsCormick’s backer, Mr. McCormick organized a fight on Muller for the leadershIp last fall, but wan defeated. Muller was one of wie fow. McClellan supporters who stood pat &t Buffalo against. Murphy's orders to support Hearst.” Bince the election Mo- Cormick and Maller have joined for under an agreement that the leaderah| is to Geacond to Nick Muller, Jr, Young Muller called at the Ctty Hall to-day and held « long conference with the May McCormick was around, too, Then Commissioner Bingham and his secretary, Dantel Webster Slattery, mixed In the’ situation. Gut_of all this hat the’ Mayor had loner Bingham to ap- Tho'Commfasioner was asked about tt ng he was leaving the Clty «Hall, ‘but said a reply would be discourtoous to his, bow “fy never heard of thin man MoCor- mick until to-da: he volunteered. Mask Slattery abo % Instructed Com: pnint »McCormick, had” been appointed, but all. of Hlattery’s denials are taken. in a dl) Matis. senso, Politicians edrect rt. MeCormitek holding down the Th ITY etre Denuty’s ehair: ino Mt goon. He Katey NU Be trix. ina boot roman nn he wilt js contested ho testator’ send id his tment will streng. A hloses, May Gordon and Anna -tobinaod. ne! xayor okgbiehen ta "Hictemosta ( Werld Wants Work Wondere: Denying Ousted Troops ‘ Civil. Employment. mmstttas AFT-CTOLEN VAN MOTHER BY GU Divorced Wife of Wall Street Man = Awarded $80 a Month Alimony and REVOKES .THAT ORDER. 7 the Care of Her Four-Year- Promises Now-That Any Prow-|- “ing Innocence in Texas Riot | Will Get Vindication. iH WASHINGTON, Jan, 14.—Preatdent] !) Roosevelt to-day sent to the Senate al ()-; special message regarding the discharee| ; if ‘Of The negro-troops-of-the ‘Pwenty-fitth.} ————— Infantry, which gtves the additional evi- denoe collected by Assistant Attorney- General Purdy and- Major Blocksom, Who were sent to Texae™ bythe “Prent: dent to Investigate the d#hooting and killing at Brownsville. The President stands pat=on—hie or- der dismieving tha troops, but admits as An etror-that—part-whiohhers-the--sol-}-» diers from all civil employment under| the government, ahah This section the President revokes. Coticeriting tne aay: “Lam now satisfed that the ef- fect of my order dismissing thene men without honor was not to bar them from all clyil: employment soacr. the Government, and there- fore that the part of-the- Which consisted of ade wauiswes thin effect was Incking in valld, ity, and I have directed that el Continuing, President Roosevelt saya: \ “As fo the rest of the order dismissing the Individuals in question” without honor, and declaring the. effect of such discharge-under the law and regulations, ~ Old Son, D'Arcy. EFFORT TO PROVE HER AN. “UNFIT CUSTODIAN FAILS, Charges That She Is a Drunkard and Drug Fiend Mark Last Court Battle Over Child, While Her Lawyer — Alleges Conspiracy. Darcy Van Alstyne, the much kidnapped four-yea ok! son-of- Bank= er Guy-C. Van Aystyne, will remain in the custody of his mother and the latter will receive $80 a month-alimony-instead-of-the $55. the-banker— she divorced has-been allowing her. - aR ion given by Justice O'Gorman to-day after heare ing a dozen witnesses. Four of these were called by Van-Alstyne's law- yer in an effort to prove his wife unfit-to_have the child's custody. Mrs. Van Alstyne on the stam denied their charges-and-several-wit fied to her go This was the deci od character. to be-a—bar—to—their—tuture-resentat= | ment efther-in-the army or navy, there 4s no doubt of ‘my constitutional and segai-power—-Phe-order—was witht hh dincretion, under the Constitution and the —1aws,—and—cannot—be—reviewed or | : reversed saye by another exec perarse by another executive “The facts did not merely war- rant the action I took—they ren- lens I was to prove tnlse to my sworn dnty, “If any one of the men dis- charged hereafter shows to my gullt, or of ahlelding the . will fnke what action fetes ranted} but the ofrcumatances | here deiail niont’ certainly puts upon any ench man the burden of thus clearing himnelt. “ Strong Janguage-tn_aain—u. President In dealing wita Te ot ne noldiers, he referring to as “midnight assassin, <P he- nes _evidence--submittad the President, “slows beyond posatbility of honest question that e, individuals among the colored whom T have dlamisnod commit outrages mentioned: and th ) the-sullty. ones says any troops at some or dinmtssed- had knowledge of the deed pommitted-it- “Theon. tiv suxwested “xx posi: Rrowneville to shoot up thelr own wounding the Nentenant,- who had been An OMcer for twenty-years--all-with: the TOuDE. 3 wis, the ~ President declares, — tw ren. 5 two children recenUy married ars Y oi q ——} his wishes Se (Pp : While the Earl and Countess have becn living apart for a long ti, « kept up an appearance of friendliness a cs for-the ake.of thelr children until last : : summer. The Countess appeared at fashionable soclal function tit London wearing diamonds and” other jewels worth at the lowest estimate $1,200,000. The Latta} Sorloass rt i . 0: Everybody in society knew that he Oppose Modification Act] could not arora to buy his wite auch | ornaments. This occurrence spread what | asa Wedge for the had previously been whlapered—that ; Y. 7 = * — William Waldorf Astor was in love with Japanese, Tithe Countess nnd was lavishing “aitts EE SENT EIRES upon her, Tate as Bhe makes hor calls to-day { WASHINGTON, Jan. 14— nificent automobile which wa The House} yer at Chrtstmas timo, the envy of all the. women tn London. Sr idleeeahertlavearall Bhe appears to be supremely happy. ee ea a thee etat| Lord Westmoreland, who 1a about ton yearn olaer than his wife, Is keeping in Foreign Affaira granted o-day to Congressmen Kahn, the committee named by the-Pacific coast representattves to oppoas eftorta to modify the Chinese Exclusion act and| Secluston. to work for a Japanese Exclision act. Mr. Astor has been a widower for sov- Tt waa stated by the Cillfornians that| eT! years. This ja not the first time yr 1 he tsi! that rumor has engaged him to a titled they Wl} ght vigorously the bill under micah areritatcraitien thera been 20 much foyndation for tho consideration vy the committee to amend the Chinese’ Exclusion act by having inspection of Chinete at ports ort. t {n China from which they sall, as well Relative of Chorus Girl. Mr. Slattery. denied that sooormiek| as in tho ‘American ports where they| Should Mr. Astor marry tho Countess of Westmoreland law formerly ‘well known ia chorus gil oh the stage of thin city, She ls now the whe ofithe brother of ‘countess, the Earl of Rosalyn, who LL @eptiauea on Second Page.) ” dand. Tho bill Is regarded by the Califor- | brothe tg as a relaxation of the Exclusion} Robinson, World “Want! Ade. Inaure Results. | th CTY PARK STARTS PEERESS ccicianie at "hc "i"nte'™s | Countess of Westmoreland to Be Bride triated New Yorker When. Free. the ‘olored Circumstantial reports from London aniiounce’ that’ Willlant -Wal- dorf Astor, the éxpatriated New York Groesus, will-marry. the Countess -of Westmoreland-as-soon-as that-beautiful aristocrat-has severed the mar- om: | riage ties that bind her to Lord Westmoreland, ~ Details of the separa- Speculation To-Day at New Orleans. of Expa Saat NEW-GREEANS RESULTS, .| bille,”"_ana (40 to 1] Sta™Panne glasses. FIRST. RACE—Jer-y C. and=4:to-4}-1, Rustilog- Bil (3-0, uargarctetewioceniay 5 tor place) 2, Gold Duxe 3. Mintel ee SECOND RACE—Dawson (12 to 1) “Did you over see her use aruga> End 5 to 1) 1, Subador (even for! Med Mr. Stapleton. __- ee place) 2, Plea 3, | ed the| tion, it is said, have already been arranged and the boundless wealih of THIRD RACE—Rebs! Queen (3 to | Pict the witness. “me ushd-two-oe 1 and even) 1, Balclee (2 to 1 fer Mil of tho other individuals whom 1| William Waldorf Astor is depended upon to smooth away any obstacle = place)-2,-Hazel_M.3- PRESIDENT GIVES AN EMPHATIC NO 10 WADSWORTH Mission Was to Get — 2 for Swasey. and shielded from the law those who| that may arise, sesrery = Tt dy understood thatthe bly Influencine any one else wan a -déc] Westmoreland witt-conrent-te allow his, sire to Het Tia OF the colored troops, 40 | wite to divorce him. at that Ht Invelied the -citizens—or scandal, Lord Westmoreiand—and —hle + been estranged for, some SIE ORLEANS, Ian: fine—wenther H—The-spelt wesalil on at City Park to-day, und a ¢ard that was aboy There {sno hint of the aqyerage for wart day Arew ost 24 sain Wag Hehtning | back of th king for | bearing Tier tell how he had. taught her houses, to kill one of their own uum-| Wife have ber. to wasault—their own police; | time, and several yearg ago he pub- | lished an advertisement in the-Londan } purpose of discrediting tho” negro| newspapers prociatming thit “he would) not be responsible for her debts. it Ie stated, wlio wi large crowd, The track wa stand there was noLyng | TST apo, — The interesting—event—of the day was the appearance of Gloritier, eummer—this horse shown by the evidence ta be a tudleroi matter of fact, erence: ney vite In namie only When-Mr;Astor-fral rand succumbed to. her charns. iy Twice the Countess's Age: Westmoreland SS ty-five years © 7 2 tyr Xator i clos&-toalxty, f ery ofdinary. eld to-day. amt} eoait ta. give way acvording tothe tnd} pare it wilt Be remembered; as. clockars,—ue Td -and-has two ohild- T races-were interesting, (here | Hontse--by —hie—fathersoq—Dee, 27, and — for} tater. recovered, Mother and “fon are tirlsk— ands now tying —at—the—Hotel Radel fe, —in— doing DusI- | West Ninety-second atrest, made hls Fei = ae being al good. Jockey Earner the saddle again as being his first mount since he on the fence and. had hla “WASHINGTON H—Speaker}, Wadsworth's FIRST RACKSeyon-etenthe of « = St 100 (J. Jobnaon)....... 104 Gtountaln)., Dake, 01 (Bilac) (who ts seeking the appointment of Su: dent of Elections for the Metropolitan fro. 104 CEroxte influence Gov, “nis mission; {e—uaderstoot that Gay. o3{ she had denied charges of tmpropery— Roprévontatlve Parsons and others [n the dominant. Re- publican faction have pl Hughes for their man. it waa decided President’ to Intervene, Speaker Wadsworth Her fura are Silk &nd Goldess close order to the stretch, ded in vain where Jerry | Then T borrow money." won | had borrowed sums ranging from. $15 eanily by a length front Rustling Slik, | Gold Duke a length, SECOND RACE.—Short Course; ateqple: chive, . elt deolined en to Interfere, aaying that intention of giving Gov. Hughes appointments Mr, Hughes sought Pi} When Juds advice about Stato matters unle: such advice him: — '] WEATHER FORECAST. Forecast for New York City and Rain to-night; Tuesday partly cloudy and colder; fresh southerly winds, shifting to brisk west and northwest late to-night. am evens Turk Mary, 110, 'Picklps ¥ngilehwoman, would become a Starters, Welkhts. Jockeys. The auesticn of the custody of the much-kidnapped D'Arcy, four-yearcold | son of banker Guy Chase Van Alstyne, Was, threehed cout to-day In” Term ‘of tie Bupréme Court bet Mr Nan-Atatyne “tps Ear | George EB. lla St the oe -denoribed -her-condition-on-the-nighttie- Van Alstyne was intoxicated, His law- 1 2er, Luko D. Stapleton, told the Court j ee tthe clerk's testimony alone ehowed- at Gond Sport and Brisk] tne cnita's mother was unfit to have 4 the care of him. } “Not nt_all! : hit from erat aesat pices ee A former-matd ofthe VerAlstynesa . AR styne’s habits during the th had been D'Arcy's nurse. aiaes “Yes; she used to take calarrh fF wder. : 7 | through a tube into her natriles ma three bottles a day," Denies the Charges. Mra Vat ATstyne on the atont-h | | dented the hotel clerk’ story, but police’ teat these Te TARE VARS n-Abtyne's big black eyes s whe zeatified, but her na her Ausband, at Ue cours, had no dfficaity—im, ere cnst di nral to use the co- Jn his efforts to prove her an unfit per- a ¥ Staptston pressed the. blaok-garbed oman Ui tet sel f-possession woemed [taken from_hix mother at the Gileey Before sto took the stand Mrs, Vans Alstyne had rot only heard the hotel clerk and ber former mala testify, but told of haying seen hosed and Kisted> Jon tho way home from a Sixth avenue zt aurant. ¥ Md you Scotch whiskey ~ |i the house . Van Alstyne was asked. 5 “Wo certainly did. Mn Van Alstyne / rank 1." a a| “How haye you managed to live 10 | lately?” the witness was asked after 3] conduct with men nanisa” by other-wit-— ses, 4 fy husband gives me $33 a monti She sald she in to $200 from various women friends, Hult a dozen witnessds testined to Mra, Yan Al *s good character, O'Gorman gave hin de- +] cixton Mra, Van Alstyne hurried to the corridor, where little D'Arcey, in the atms of lis nurse, was waiting for her: Letohatchic, 110, Metntyre...4 630 10 tein Englander, 30 10 | » | Lady De Orn, 25 Gathering Fe." 110, "Nico oz Vady Frankfort, 110, Troster. 20 Vrincess Bue, 110, Warren 20 Balolee made the ES alit to stretch, followed by Rebel Queen and Haz ‘M. In the run home Rebel 2 Queen went to the front and won by & longth from Balolee, who. beat . & length, ear oinve the curody of hereon; -baw-—— =