The evening world. Newspaper, March 1, 1907, Page 10

State Code Will Rule in Bywaters Murder, but __ Insanity Plea Taken. CULPEPER, Ya... March _1.—James} and Php Strother, on trial here for the | Murder of thetr brother-in-law, Walla: 3 —Buwaters,-casinot— rely onthe un Written law to su Judge Marri- pon, who 'is Dr Reene, in the case, de- ¢ided that to, mphatic manner, when hie declardéd that the Btate code| pean ye nee, e and the plain facts ‘in thy tragedy must | he kind that won't ztn-bing you. goveris the Jury m reaching a verdict The Judge, however, permittid the Brisoners to tntroduce a plea of emo- Mosqatto i * “And fort 1d Sepals sible actions, How that the : ded rie Were Under great menial stress And not yy mitigation of the offense, and not responsible at: the time of the killing, /as an excuse or Justifeation.* owing to the treatment of their alster| He added that’ the question of tn- by iHY Watere! sanity, often had ‘bean tieath argued before him,,and that ho Although jong since reached conclusions about "7 expected this move, it. In substance, he thought that “theese wurprise in the court, the public geén- ure matters of fact’ The test should erally supposing the brothers woutt always be that laid down in the Doe |Jarnette case. He did not, he said, rely wholly on the unwritten law to think the question waa in the province + the crime: committed for their| of the Court to decide. It was for tho ail AIST was committed the party wea a re The new ino of detion was begun | gponsivie agent or not. “I-cannot lay by the calling of Dr. Charles H. Clark, | down an tronciai Instruction as of Bt. Elizabeth's Government tAsriom what Is 1neeDES Tspphayoonslude concluded. COLER HARD JOLT téen years’ experio: In the practice of medicine, chieds confining ils practice} to cases of mental disoner. Borough—President--Severely? Called” for” Writing About Highway Investigation. . the. prosecution evidently there was general, to Mr, Moore, of the defense, submitted @ lengthy hypothetical question, rectting 24 lacts of the pending case as. by the defense, ang concluded by asklig witiess low he would char- —aoterize the act-of homicide wont ted “Before he “withess vould “reply Mtr, f Keith objectel on the ground that the Question did not recite ail the acts, especially that the defendants were. had all along Intended to Ge cup cera onditions, that which! sme retiring Kings County Grand Jury y. Qe Hto-day handed Judge Fawcett tnt “The jury waa withdrawn in order that |County Court, a presentment denaunc- the Court might hear argument \upon|ing Borough President Color tor his Soiree of the question, open letter to that body Tast week at, ney e itiiton Aloore con-| tacking their handiing of the Iureau of resentation of his arra: ig fonts to ostiblien the adenis [2ighonya graze case. After reciting trat-Grand Juries have sal for 223 -years in Kingw County without outslde cayil and interference, the presentment re- cites that “it remained for our Borouxn Proatdent, who by reason of his exalted postion should be first to discounten- ance any Improper trupegresstons, to ‘break-this jong record-of public re- “tenet OG, prowscution, be: ‘gan a vigorous’ argubient against the introduction, of the testimony, He ar- Bued that fnasmuch as the physictan Mas not aoquainted with the In the case being tried or the te Sapte) alnady Introduced. be was not compe- tent to tostity, The wir Strother_brothers—had had: Tayi Ges to contemplate their deed on the night a the shooting, he deciared, et @nd the: frct thelr act wus done delib-| | The presentment remarks that Coler An noePately ehowed- concluaively: that they | told us our presentment contained an. miffere no emotional Insanity. amazing masa of misstatements, though 3 men spenr-ate: tobe he failed to prove a specific tnutance,” Uyene © thelr act waa concelyed in excitement ay they have "jand that Coler gnve out his letter for serve {a let loone all the _ mty treo Augracy Moore, for the tod a reference..to “We submit nat It ta nelther the ‘lex Bert moralapriviione noerithe y Heroush President, nor any other men save the Court-and-the-Dietrict-Attorney, to Bust a Grand Jury'as to how lt shall conduct Its investigation, what wit- nesees it shall or shall not’ have, how it halt obtain its evidence, or upon what vRiencett wnat presente it owas he: |who asked for a Grand Jury Investign- tion, It therefore neema to us pecullarly strange that when we present a resuit " of that Investigation he should publicly enone us ard geek to” hotd—-our t= | voatigntlon up to.publio. scora.” At the conclusion of the argument “lark's was adiniaa|ble, Piste es reartrem! Sonie reterencs has been made to th SUnwritten Law.’ To want to say mort Semphatically that so far as any court fa this State fa c ore: meant Tt any “perso ‘This explanation can only be mubsmitted sent 3 mitigation of stification: Tlie question t* not Here, IN MADISON AVE, CAR. Retired” Merchant" Startles the Pas- sengers—At the Hospital He “~ Is Soon Revived. Passengers on & Madison avenue car thin afternoon which was bound down- town were startled by netng in aged man suddenly lurch forward and fall unconscious to the floor. The car was wtopped at Sixtieth street, and the con- MUCTOR” WIth The MBETELAUCS™ OF AoIe OF the male passehgers carried the uncon- sclous man lo B® nearby drug atore. Patrolman McKnight, of the East Six- ty-saventh ntreet station, summoned an ambulinee- from the Presbyterian Hos- “Friday the Thirteenth.” ead “Friday the | 5 ‘ pital, to which Inetitution the uncon: Thirteenth," Thom- | scloda_ man was removed for treatment paws Laneson’s jby Dr. Swift, who-stated that. the Heat had sufered -an-altack of apoplexy wondetful Wal! d that in his opinion he might re- street novel. It be- ‘ ip in atoniae Th poltos found that the sick man 4 Feet bamiay P Witte I Wiad alery-tour yeure old, MS . a retired merchant of No. 6 East Elgh: March « ty-first street. ) CORRECT DRESS 2 FOR WOMEN FOR SATURD AY | WAISTS At Decided Reductions From Regular Prices. LINEN WAISTS, hand emb.| TAFFETA JUMPERS, pretty and hemstitched, open front} model {n black, navy and or back, short or long brown, Value $6.00, sleeves. Value $4.00, { 306 3.90 MESSALINE WAISTS, black | NET WAISTS, -{n- ecru” and | and -colors, richly trimmed white, elaborately trimmed rman Val. with chiny lace and medal- Four Speclals— Hons—four specials— 5.00, 6.90, 7.90, 8.75 | 6.75, 7.50, 10, 12.75 Ide flounce and silk dust antity for to-morrow only, od Street, crete ——— Fifth Ave. Hotel. + LURE FOR EAMES ‘Tho’ court can «imply lay down the rue elaborately. hait = Jury to sav whether at the time the act: THE EVENING WORLD, TORNADO KILLS TD JOIN RIVALS | AND MAIMIS AS IT OF HERR CONRIE: Hammerstein. Denies It, but with a Twinkle in His Eye. Two Dead and a Number Injured in a Storm. at Washington, Ark, HOPE,.-Ark, March 1.—A. tornado | struck the .town of Washington, near [eres late last night and almoet wiped 4t-out.— ‘Two persona were killed and séyeral others injured. Among ‘the bulldings emtroyed were the Presbyterian Gh, the Episcopal ‘Church; Judge W. Y. ‘Htter’a residence, | T. HO Willame's store and the resi- depce of Sheriff’ Wilson. : All the wires in the place are down. SMOKED FISH -POISONS.— SIX IN ONE FAMILY. Emma Eames, the. sifted American soprano, to aing atthe Manhattan Opera Hoyse next neanon! Phat te posttively the “tarest~ report} fromthe front in the tnerry war: of the rival timpreearios, the Herp. Direktor Conrted, of the Metropolitan ’ Opera House, and Oscar Hammorstetn.” ‘Tho rumor ta persjetent dnd will not down, with denials moro or Jess evasive. When asked thia morning, Inthe man- ner of Jeromo, ‘for a «imple anaKer of “Yes or “No to the plain question; Ja St true thet you haye engage Eames to alng at the’ Manhattan Opera Houne next season?” Mr, Hammerstein, replied Instantly: ' "Nett But Notice the Twinkle. But there was a metry twinkle {ni hia eye aa he continued: “Everything 1s poasible, It,was de- clared positively that I eoukt not and “‘aiibuid“hot produce Pucelat™s “Lat Boheme,’ but If you will drop around | Men who boarded’ with the family at to-night you will see and hear a very Ne 1G Ayenug D, In the Constable fine presentation of it, | “Mime, Eames’ ta'a charming weman |ffom ptomaine polsoning resulting, “it and a great artist. Our persenal rola- tons are moat friendly, We have had #0Ked fiah. Ono of tho alx may dia The victims are Mr. and Mrs, John aome pleasant conversations Nothing ; a has been sald by elther of us about an RMsber, thelr daughter Mary, twenty engagement for her to sing at my house, jreereiols: thelrraon Georescismenty, “But next negson ts a long way off, Who knows what may happen? Boncl Can't Sing Elsewhere. "I sald just now ‘Everything ts possi- | Ter ts ir. fone that fs not pomsible, and that is for| three meals. Warly this morning Mr. Mz...Bancl to sing at the..Metropolitan |. Kasper was awakened by severe. pains Opera-House next season. He will sing | and he got out of bed, intending to ne:k right here. My contract with him is| the ald of his wife. Ho was crossing valid for two _yeara_mors and.not to bel the—halltoberroom_when he was broken.” overcome and fell. He was then at the That Kamen is dissatisfied with the | head, of the eialrway and he rolied t One ‘Victim Likely to Die After Eating of “the Same Dish at Three Meals. Lash and John @uccow. Mr. Kasper bought about ten pounds of smoked fish a day or two ago and m. He, {hall and, ike Kasper, he rolled down the stairs, landing on top of Kasper at the bottom of the filght. Other per- sons living in the house were awaketied by the noise. FIFTH AVE. -anaine | WARNED TO BE GOOD. The Health Dofartment has recetved long Ume. vaime, Eaims wanted 2o' sing at joasi one new ro.e tals year,” said a friend Of the soprano Just might. nd last spring Mr. Contled promised “her that &ho should. She feels that a alnger reuculd, Brow SRC Year, Go nomethi vever, Mr. Conrial her ‘no new part in the wummer, al- though she wrote to him frequently on the wubject. Finally, just before fall, he asked her to learn’ the role of Belt in 'L’Afcicaine’ in Italian, and thet sho refused to do, partly because she felt It was Inartiatic to sing the role in © different ianguag— from that—in- which: {t was written. and partly because she too @hort to learn congregate at the corner of Fifth ave- WIPES OUT TOWN | Hook eection-of-—Bayonne, are suffering |“ | two years old, and two boarders, Joun| A~family—ot- four -personx—and—-two}4 fs delleved., from thelr having eaten] 4 yeaterday the members of the family | &. Prevailing conditions at the Metropolitan \the bottom. of the Aight. Lash eal Jpera-Jfouse haa been reported for a | goo: too, was overcome In the} } Fepeated complaints. that young feliows| © FRIDAY,’ MARCH 1,-1907. fae Heading” rey 110% 113% 115% + bh sy cuss @ &, gee el |” JAMES McGREERY & GO. | pie ye! 3 y ong — 9 zy THE TRADING ISK Ribdiaty EE BRE 3) aera street. Beth Stroot, 1 ESM patito Cand” gtG shh Bae ; i t aN 100% ge 4 CHILDREN’S HOSIERY. In Both Stores, | Reading, Patific, Great North- Te & 1.60. 8G hi ‘2. 4 : : } Gana Rock TeaieAra ' * Hides net ion} a Ae Pilea Infants’ and Children’s white knitted —— an the I ee ae erik drawer Leggins. With or without feet, mong the Losers. BA ag — 8 Sizes 1, 2 and 3. , 65¢ per pair s gm 2 < 3 sn6 ( Stocks were under pressure tn .the| ty By dy — 9 Boys! heavy black cotton Stockings. f early trading on the Stock Exchange W.@ To zw eR ok Corduroy ribbed. Sizes 6 to ro, to-day, Declinea were generally small | Wi" .Geniral MO i See nd there was a mixture of gains, most-| iy tn the industrials.” Missouri Pacific | foll 11-4, Reading 1 1-8, Great Northern} prefetred 1,and Canadian Paoific-and Rock Istand preferred 3-4.) Central Leather preferred rose noarly“a point. There was Wttle change in subsequent dealings, although ‘bustiess was a bit) more active, In, the ufternoon a rally brought the. Ust up to a profitable baals, but there Were reactions at tie close, the leaders josing their gains, ‘The total miles of stocks to-day were 1,183,300 shares and of Londs 1.0 Northwest. New York's: Chicago's Mays 49 Ba; Suy, ras a ‘ork's i Whest=ate 5 “] tember. 3 ye higheet. teweet and ch ptne prices 31-2 | Tat changes of mocks, from Jeatendays| New York's final quotations are as folldwa, | Wheat—May, 78 5-4; | September, 77 2-8, Quotations. + . 9.92 The, closing brie to #63; April, ivi ume B68 ‘8 Eres <3: § IEA EES PIPES The Gus. J. of the Tot wnieh Be Fifty-nfth — street, ch 8 hol man of Fitth thn, porns hor eu alt came back to-the OperacHiuse this-sear inaatintied. She wan-mich-Interested- tn-Mr. -Harm, stein'a. venture then, but did not feel sure that he would make « success. Now, however, that things have gone ao Swell there-le “n- strone chances of | Soeoe at-the Manhattan Text yea — | GARRETT TO GET $50,000 ‘Salary of New President of the| Seaboard Line Fixed. (Bpectal to The Evening Wortd.) ~- NORFOLK,..Va.,. March 1~-Accarding. to a report current here to-day W. Garrett will recelve a salary of $0 a year as President and General & ager of the Seaboard Alr Line. pili noon hour end cxpsctorate coploualy-to the detriment of all passing skirts.” Po- Mcemen Ruppert, Cook and Kirk, of the Health Squad, to-day corralled seven of- fenders and esl thera before Magiatrate in ket Court. n gave thal” faites “aM Peter ant Thirteenth street; i No. $3 South Fourth er Breno Latero, No, 24 Stac twelfth street; Lulgania Pinto, Ni ae Eaat jleventh atreat; George John- non, Mo 3-4 Joe Varraclil No. 4 street, anc ohn re fatanin, No. 8% Bayard street, UP hey were—dlscharged—with—s mand and a warning that tinea would b- imposed t next time., This ts the be- inning of @ crusade by the Health uad to suppress street spitting. jan HE OUTER “GARMENT SHOP, — SATURDAY’'S- SPECIAL [An Unusual -Price-Making Event. | : == 89 Shirtwaist Dresses i OF CHIFFON TAFFETA 11.50 Recently $20.00 to 822.50, Many new and ‘distinct models, In Checks, Stripes and Solid Colors, with lace yokes or Jumper ‘effects, full platted skirt, Colors, buck navy, reseda, tight blue, pink and gray. All-sizes, New Model ‘* Heatherbloom’’ Pétticoat, VERY SPECIAL 2.90 Opposite Fifth Avenue Hotes 12-West.23d St. through to 224, Announce Their Final Cleaning-up Sale of Men’s Suits, | $12.50 The suits involved include all of the medium weights in mixtures, Serges, and plain Cheviots carried from last season, as well as Winter weights of: the same description; in all about five thousand suits, valued as high as $30.00. | - Smith, Gray & Co. Saturday i The Young Men's Sizes, 32 to 35 chest measure,'at... 2... eeeee ee $10200 In all stores. ..Broadway at 31st St., New York. —Fulton St. at Flatbush Av. \ Broadway at Bedford Av. Brooklyn. nue and Fourteenth street during the o io) FIFTH AVE Corn was higher. opening prices July, 4374, WheatMay, §5 1-4) “opening Ny netts erates oy 1-2 to 7. Beptembe! 4; closing * Prine bid; aut omy Re —_—_._—_. COTTON TRADING BRISK AND PRICES HIGHER. ee GUS PAUL'S FRIENDS TO DANCE. Paul-Democrat crirty-fiiat Epi avemie and One tunr Friday It requires a. bi; to i found tn the eter & of intels gnue and One Hun and Thirteenth street pore sto) Dr. Lyon's : neyon Tooth Powder). Cleanses and beautifies the teeth and purifies the breath.: Used by people of refinement ~ for over & quarter of a century. i Conventent for tourista. - PALPARED BY oe: WH=AT PRICES EASIER, CORN MAKES GAINS. The wheat market opened easter to- ny,infinenced- by" heayy-recetpta-in-the Cotton waa active and the prices were higher tn the early trading to.day,all| | the options benefiting. | “The opening prices were: | to 9.67; April, ¥74 to 9.76; May: P3St; dune. 9.87 to ga6; Suis, 9.87 to 9 10 9.93; September, 9.93 bid: j 10.15. to 10.16: December, 1093 Yo 10.24;° January, 10.38 to 10.89, March, the 1, of on were: 7. Boptembens arte} were: Sep- wore: did; a9) to Anso- Assembly | 6 pairs for: 1,00 \ LADIES’ MERINO UNDERWEAR: In Both Stores Furley and Buttrum’s English Mer-. ino Underwear; Vests and Pants. Odd’ sizes, Spring’ weights. ac. Ypsilanti Balbriggan Union Suits, With high neck, long or short sleeves. 2 meTS 4 5 value. 3.25 MISSES’ SUITS. 12 Both Stores. A 5 ' New Spring Suits. Made’ of grey. | mixed-cloth, Pleated-skirt.._Eten—coat Me ) finished with velvet collar. Lined with ~ satin. Sizes rq and 16 years.. 16.50 - Black granite cheviot Skirts. Pleated. . model. Length 37 to 4o inches, 5.50 eae Three-quarter length “Box” Coats. finished with inlaid collar. 9.50 White Lawn Dresses. Pleated Skirt. Waist finished with insertion. “6.50 ‘CHILDREN'S. aes Full length “Box” Coats, Made of pe blue cheviot or grey. mixed cloth, 3.50 Blue cheviot “Sailor” Suits. Eine pee finished with braid, ; R75 Blue Chambray Dresses. Waist fin- ished with white or blue yoke trimmed with braid. Pleated skirt. Sizes 6 to 12 years, 375 White lawn guimpe Dresses finished with insertion. Sizes 6 to 12 seat 3:50 ~ JAMES MoGREERY& 60 34th Street. “gard: Street. Franklin as & Co, § Fifth Avenue. Spring Styles of Coats, Suits, Hats, Caps, Blouses, Shirts and Fi umishings. SPECIAL [FOR SATURDAY. ES RTOS BOYS’ NORFOLK AND SAILOR SUITS, with extra knickerbockers,-of-imported —all-woo! tweeds, cheviots, homeéspuns and blue serge; 6 to 17 years. Value $10.00... BOYS' HAND-TAILORED NORFOLK SUITS, with extra ~knickerbockers,—of~ imported tweeds; aN eas and navy blue serge; 8 to 17 years. Value $15.00.-:.2...0.. 6.75 10.75 ; 2 . ime as Misses’ and Girls’ Apparel Now showing a complete assortment of Spring. Tailored Suits, Coats, Reefers and washable frocks ;-exclusive styles at_popular prices. GIRLS’ SPRING REEFERS, of “black and_ white checked English worsteds, navy, cherry or black velvet collar, embroldered emblem on sleeve, white Venetian lining; 4 to 14 years. Value $12.50..........66+ MISSES” TAILORED SUITS, threespiece model; coat, bodice and skirt of English check or plaid worsteds, velvet shawl colfar,-satin-lined; 14, 16 and 18 years. Value 629,50, , _MISSES' DRESSY VOILE SUITS—Two exclusive models, of French. Voile In black “and all the fashionable spring colorings—Eton coats, richly trimmed, made over silk drop; 14, 16 and 18 years. Value $50.00.,....-+.3..... SALE OF NEW MODELS 9.75 19. 23) 38. 50. French Hand-Made Lingerie. Waists FOR WOMEN AND MISSES, entirely hand made, hand-embroldered tucked and lace trimmed, 7.50 9.75 13,75 Values $13.75 to $25.00. UNUSUAL SALE SATURDAY Women’s Spring Tailored Suits Three Distinct Models Cutaway, Eton and Hip Length Coats, New. Model Skirts, of English Worsteds, in checks, stripes and plaids, also «chiffon Panama in plain colors. Value $34.50, 23.50, JIMES MCGREERY 860, HAND CARVED COMBS. 34th Strect-Store Only An--exclusive line of exquisitely hand-carved amber and tortoise shell Combs, imported from Italy. Empire Back Combs, Side Combs and Barrettes. e 20,00, 35.00 and 65.00 each . Tortoise shell Combs, trimmed -with solid gold. 10.00 to 15.00 per sét -BOYS' CLOTHING. 34th Street Store Only. _ All wool, double breasted belted Suits. With extra nciiekerbockes trousers; re- = enforced and lined throughout. Stitched ; with silk. Sizes 8 to 16 years, 6.00'-- Boys’ Washable Suits. Made of a new fabric, which has combined the cool- “ness of linen and the strength of Gala- tea. ‘Trimméd in-red, navy or royal blue, Russian models 2 }4-to 8 years, “Sailor” models 6 to'12 years, 2.50 Spring” Reefers,~ Overcoats, Suits, Straw-and-cloth-Hats,and_all- “necessary — ‘and desirable fur: ishings for boys. Winter weight Reefers considerably below former prices, i JAMES McGREERY & 60. 5 Thirty-fourth Street, Pea