The evening world. Newspaper, May 25, 1908, Page 12

RE OTT TSN EIN I ~ THAW MUST CO BACK TO ASYLUM AS STILL NSME Would Be a Menace to Com . Munity If Set Free, Says H Justice. TO STAY IN JAIL A WEEK May Be Committed to Other Institution Than That at Mat.eawan, de (Bpectal to The Evenitie World.) ' POUGHKEEPSIE, May %.—Harry K. Thew's habeas corpus proceedings to ebtain his release from the Matteawan State Asylum have failed. Supreme Court Justice Joseph Morschauser, be- fore whom the trial was held in this elty week before last, filed his decision in the County Clerk's office this morn- ing. He holds that Thaw’s mental condl- tion has not changed from what It was when the jury acquitted him on the Ground of insanity, that he !s now in- gave, and that {t js so manifest as to make it unsafe for him to be at large. Judge Morshauser also upholds Jus- tice Dowling’s commitment of Thaw to the Matteawan Asylum, which was at- tacked in the habeas corpus proceed- {ngs on the ground that the statute under which the commitment was made ig unconstitutional, and that Thaw is therefore deprived of his liberty with- fut due process of law. A Recurrence Possible. Judge Morschauser sweeps aside all technicalities, and while quoting a number of authorities, declares that when there is a right of an appeal. no e@ourt should declare in the first in- stance a statue unconstitutional un- less its unconstitutionality is plain. The effect of such a declaration, the court holds, would be to free from needful restraint persons of unsound mind whose going at large would be dan- gerous to public safety. The Judge in his opinion makes no reference to the experts put forward by both sides. He makes no finding to the form of insanity with whi Thaw is affected, whether “paranoia, “manic-depressive insanity’ or “brain storm.” He finds merely that Thaw Is suffering | strom ‘some form of insanity with the possibie recurrence of an attack similar | to that which the jury belleved he was | suffering from when he killed Stantor@| White.” | May Escape Matteawan. Although his legal status as a lunatic fs established by the decision, Thaw still has a chance of escaping a return to the Matteawan Asylum, of which he has expressed so much horror, saying that his nineteen months in the Tombs seemed shorter than the three months | epent at Matteawan. | Justice Morschauser has agreed, at) the request of TYiaw's counsel, James G. Graham, and with the consent of| Pistrict-Attorney Mack, to defer sign-! ing the order recommittimy Thaw until} counsel can be heard. As Justice Mor-) echauser went to White Plains to-day! co hold court, and will not be back until Saturday, Thaw will have a week longer in the comfortable quarters of | Sheriff Chanler in the court house here. | In the mean time his attorneys andj; friends will endeavor to induce District | Attorney Jerome not to oppose his come | mitment to one of the State hospitais for the insane other than Matteawan, | If Mr. Jerome consents Justice Mors- | shauser will, the original commitment of Justice | Dowling #0 that Thaw oon be confined | in an asylum tn which he will find more | congental surroundings and perhaps | aroater privileges than at Matteawan, Soon after Thaw heard the news an Evening World reporter saw him fn his | present quarters, and Thaw for the ,@ret time since February 1, when he Teached Matteawan, consented to an ~ interview. i “Yerome Had the Hot Air, He Says: | “I counted on this outcome," he said. | “Mr. Jerome had all the hot air and) Ghat put my side to a disadvantage. | Yet I don't blame the reporters. They are expected to print interesting things, | and I would do the same as they did | ip their same place. “Do you want to avoid golng back to Matteawan?” he was asked “Possibly not,” he answered “Have you any complaint to make of your tredtment there?" “They did everything tey could ¢ me up to ten days before I was trans- ferred here.’ Thaw spoke at length about his brief testimony under Mr, Jerome's ques- tioning. He cov!d not see what the Teporters saw in his manner and in his answers that Ied them to write down his appearance as irrational. He was gure that he was perfect!y calm and answered in a rational manner. A question was put to him about the Proposed withdrawal of his wife's an- ry Mulment suit, wheth t@ to come up tn New Yor to-morrow. “Col. Bartlett could have had that sult thrown out of court anv day for! some time past,” he said. | Asked about the report that his wife was withdrawing the annulment putt in order to hove herself appointed as a ommittes his person, he ‘I don't think there te anv great dencer of that’ ‘Thaw's counsel have said they would! take the bh. corpus to the App. late Division {f Judge Morchauser de elded against Thaw, but tt ts now un-| erstood that {¢ District-Attorney Jer. over male other 3) 4n appeal, as Thaw confiitement for some only it can be in than Matteawan, ly to the hospital as mown more fa ding his Ith, ¢ rs and other h, n patients | |man by several families in West End THE EVENING WORLD. MONDAY, MAY 25 FIRE CONSUME 60,000 GALLONS | OF KEROSENE Blaze in Oil Trust's Williams- burg Storage Grounds Is Fought for Hours. | | Bursting into flame, !t {!s belfeved from spontaneous combustion, an oll tank on the Standard Ot!'s Company's storage grounds | street, Wythe Kent avenues, | Wiilamaburg, 6% the company's private force and the clty fire depart- mont a hard fight for several hours to-day. There was much danger in fighting the blaze, as the tank was one of @ group of a dozen that were at all times imperilled through a possible ex: | plowton. This did not happen, and the| fire was confined to the one big! receptacle, In the tank where the fire originated were between 60,000 and 60,00 gallons of refined kerosene oil. The other tanks averaged a like quantity, making more than a half million gallons of ofl en- dangered, valued at about $50,000, The fire was discovered about § o'clock by @ watchman, and for a time the employees of the company fought It alone. As the flames grew hotter the city department was notified, and Chiet Burns responded to the cail in person. He at once sent in alarms for three fireboats, and these with lines of hose from a dozen hydrants, played con- stantly on the other eleven tanks, keeping an almost solid wall of water around the blazing oll As the petroleum burned at the top, forcing the heevy iron cover off the tank, employees began drawing off the fluid from beneath, In the hope that some of it might be saved. Several chousand gallons were salvaged, until {t was found too dangerous to continue the work. UNHAPPY SOCILST SHOOTS HIMSEL Brooded Over Evil Conditions in This Country, Brother- in-Law Says. and Because he was dissatisfed with the social conditions of this country and could not get enough work to support himself and his daughter, Daniel B, Cahert killed himself to-day in the of- flce of his brother-in-law, John P. Fanning, No. 0678 Jefferson avenue. Brooklyn. Fanning !s a machinist. At an early hour he was in his boiler-room getting up steam for the day's work. He thought he was alone, but Cahert had a key to the front door and had en- tered. Fanning heard a report and thought at first something was wrong with the boilers, but when an inves- tigation showed this to be untrue he made a search and fougd his brother- in-law dead on the floor of the office, a revolver near him. He had ehot him- self in the temple. “Daniel was an ardent Soctali said Fanning, ‘and thought so much | at North Thirteenth | 7 about it and brooded so much over what he considered the evil conditions tn this country that I am sure it affected his mind. He was continually talking about | propaganda and proletariat and monup- joly, and said a man who was earnest | and tled them In and willing, but poor, had no chance to get along. Not long ago he went to Mexico to join a Socialist colony, but it {8 understood, modify | jt was a failure and he returned. ‘This | attempt Oisappointed him a good deal and he has had a hard time ever since. ind he didn't | days a week | work more lately.” Cahert was forty-nine years old and lived with his daughter at No, §30 Jeg. forson avenue. His wife ts dead (> ANDREW F. WILLIAMS AND | HIS SON NOT SUICIDES. | Coroner’s Investigation Removes | All Suspicion in the Case—Men | Well to Do. Investigation by the Coroner and by Telatives of Andrew F. Williams and his son, who were found dead in thetr | room at No. 47 West Ninety-ninth street last week, removes the suspicion | of sulcide which was entertained at firat by the police. There was an odor of carbolic acid in the room and some, empty bottles, which were supposed to have contained the polson and on which the susp of suicide was based. The men had not been seen about for several The Investigation shows that the he acid was due to the fact that a neighbor (C. E. Epps) had en- tered the room shortly after the di es and used the co. than two a The Coroner's investigation led t fect that death was due to co: suffocation. Tr* gas issued from a at in the room. Andrew Williams w employed as furnace man and house- avenue, while his son was regularly em- y ment house at Highty- third street and Rroadwa Wilitams had on 360 in wakes aw 3 on from the familieaemploving h He has two brothers {n Jersey, and « sister (Sarah Willams) at’ Atlantic City, all of whom are fairly well to do, The was accordingly nothing In thetr cond tion to justify the suspicion of spondency. MAE WOOD OUT ON BAIL. Mae C. Wood, who was sent to the Tombs at the conclusion of the triat of her suit divorce against Benator Thomas Jay udmutted t to bat wi hurried away trom court house. She refused to talk or ear where she wes @ing, a | | prominent—the hands and knuckles of Age WOMAN'S BOD CASK FOUND IN EAST RNER Tug Captain Makes Gruesome: Find Between Ward’s and Randall’s Islands, NO CLUE TO IDENTITY rel Is Lost in Hauling Vic- tim of Slayer from Stream. Fastened in a barrel, the body of a woman who had been murdered, was found floating !n Little Hell Gate, be- tween Ward's Island and Randall's I@and by the crew of a tugboat to day. There was a deep gash that had deen inflicted by a sharp instrument, perhaps a hatchet, across face of the body In the memory of old polleemen of the East One Hundred and Fourth street station and Headquarters there fs no record of a similar river mys- tery, becau@e the murderer who throws the body of his victim fn the river al- most invariably, !f he has time, tries to weight it so it will sink to bottom. The man who killed this woman took precautions that the body should :e- main afloat and be discovered. He had time enough to secure a barrel and a rope and so secure the remains of his victim that no ordinary movement of waves or action of tide against plers could separate the extemporized buoy from Ms gruesome burden, Unfortunately, the barrel and the rope by which It was tied to the body were lost. But a police launch was sent up the river to follow the tide and en- deavor to recover this important piece of evidence. : Tide Sweeps Barrel Away. Tug No. 8 of the Harlem River fleet of towboats, was passing through Little Hell Gate, when the captain saw an odd-looking object afloat on the water some distance away. He could make out a barrel, but there was a black something associated with { that chained his attention. Steaming closer, he made out a body partly dependent from rhe barrel, Two members of the crew went out in a small boat with a line and made it fast to the body under the arms. The tug was then headed for the pier at the foot of One Hundred ang Eleventh street, adjoining Thomas Jefferson Park. Thomas Kennedy, custodian of the One Hundred and Twelfth street recre- ation pler, was called by the captain of the tug and took charge ef the ghart- ly tow. Aided by members of the tug boat crew Kennedy atempted to pull the body on the pler by means of the line. As the men worked the barrel slipped away and was carried off by the tide which was setting in full force in the direction of Long Island Sound. No Clue to Identity. As the barrel slid away the men had a chance to see how the murderer had fastened the remains of his victim. He had put the corpse feet first n.the bar- 1 and h rope around the waist He had then run the rope around the open under the upper hoop a secure knot. t and loop would free ends of top of the barrel the Ordinarily the bave held. They was made to raise the barrrel, full of water, from the river, depend- ing from the woman's body. The gash the face of the dead woman made an estimate of her age Aifficult, but there are many gray strand: in her abundant wn hair and the teeth are !n only fairly good condition. She was probably over forty-five years of age. on 1e wore a thick black skirt, a woven underskirt of dark material and a black wal: A heavy winter coat of three-quarter length, adorned with big dark pearl buttons, but open, was over her other clothing. The hands are large and the knuckles a woman who spent most of } in hard work. There are no no marks of rings on the fingers. was of stout bulld and medium height and welghed in life between 15) and 10 pounds. Ute sand ———EE FIREMEN SAVED MANY. \THOL, Mass, May 2%.—Fire caused damage estimated at $50,000 here early to-day. The fire started in Simpson's block, in Main street. The origin was unknown. Saveral persons were saved from death by the ‘remen. who carried them down ladders. , yielded only when the| GAVE OWN LIFE IS SACRIFICE FOR HS CHLD |Katz Spent Money to Save Little One, Couldn’t Afford | Operation on Himself, Jultus Katz, « cloth examiner, and one | of the best known men In the clothing trade In this country, lulled himself with | an irritant polson to-day at his home, | No. 73 Fast Eighty-fitth stregt, because | his bank account would not permit of | an expensive operation on himself, im- mediately after one of his four daugh- | ters had been treatei for weeks in aj hespital for spinal meningitis. Mr. Katz, who was forty-seven yeare | old, was connected with the Excelsior | Cloth Company, at Ninth etreet and Broadway, and commanded a good sal- ary; but he had an expensive family, and he lived up to his income. Several months ago he was taken sick, and the doctors told him he was suff. ing from a cancerous growth of the | stomach, anq that an operation alone | would save his life. He began prepara- tons for the operation when his daugh- . Hertha, fourteen years old, wns stricken with meningitis. ‘Phere was almost no hope for the child for week: and the doctors and hospital charges ate up the fund that Katz had laid aside for his own serious operation. ‘The girl was brought home yesterday almost cured. Katz then went to his physician and on his return home yes- terday afternoon he sald to his wife “That operation won't be necessary on | | m | Until late last night Katz worked on the books of a lodge of which he was recording secretary. There is a young baby in the Katz home, and Katz! has been slesping on a sofa in his wife's room. When he was ready to/| retire he said: | “I might roll off that sofa to-night. | I am going to arrange a bed in the} | dining-room.” Mrs. Katz found her husband in the | dining-room at 120 o'clock this morn-| | | ing writhing in agony. She called a physician, and an ambulance was sum- moned from the Presbyterian Hospital. Katz was hurried to the hospital, but his death followed three houre later. At the Katz home it that Katz had arranged all before taking the poison. said that he had s: the little daughter. was His friend erificed himself for GOFF REBUKES THE ATTORNEY-GENERAL | ys Jackson Slighted Court in Agreeing to Postpone a Trial. | Sa: Juatice Goff, In the Criminal Branch of the Supreme Court to-day, took a se- vere fall out of Attorney General Jack- |son when an effort was made to adjourn | the trial of Cornelius Smallen, secretary of the Minnetonka Club, a Tammany or- ganization of the Nineteenth District, Smallen was tried and acquitted last week on a charge of alding and abet- | ting false registration. Deputy Attorney General Palmniert served notice that he |would call him for trial to-day on a second indictment. In court to-day when the case was called, Mr. Palmier! told Justice Goft jthat he had received three letters’ in relation to the case. one from Terrance |MoManus, counsel for the defendant; another from the firm with which Mr, Manus {s connected, and a third from ‘Attorney-General kson informing had been reach- jal for one month, jter, he said. ‘ “y have gone to a lot of trouble and} liabor in this matter and am ready to} proceed,” said Mr. Palmieri \P'Rut your superior has agreed to the postponement,” protested McManus. Your supertor,” interrupted Justice Goff) and addressing Mr. Palm(et, “knew that you knew more about this case than any oth man in his office. lo say the least, his conduct was not lonty thoughtless, but it shows a dis- | regard for this Court, and I consider fa very improper act. The case wil! have to go on at once.” | —_—|)__— ‘HUNDREDS OF SHOEWORKERS | AGAIN ON FULL TIME. | ‘TRORO, Mass., May 2—The H. | FE. Brigham shoe factory, one of the leading industries of this town, went on }tall time to-day. ‘The several hundred employees have been out of work for almost four months, | factory also The Westboro Underwear started on a schedule of full time to- day. Boars The Signature of o For Infants and Children la For Over Thirty Years The Kind You Have Always Bought AUS COMPANY. Ty MURRAY © 7, Mew YORK Ory WANTS CHURCHES TO ORGAN S APOLITICAL BOD Presbyterian Assembly to Con sider Plan for Union of All Protestants. KANSAS CITY, Mo., May %.—The formation of a political organization of all the Protestant churches in the! United States, with supreme executive | bower centered in a president and an executive committee, is for church union formulated by Rev |Mark A. Mathews, of Seattle, and laid | before the general a: Presbyterian Church session here. It t# deciared that th of the most discussed week's s Mr. Ma mbly of of America, the topics at sion of the Assembly, ing a Protest, 3 it "rotestant Papacy, erted sense an Inter- tters, Carpets and Rugs will afford economical sh tunity of the season to save on floor coverings: 69c Brussels Carpet, all wocks in neat patterns suitable or halls, rooms and stairs; special, a yard 39e 39c Stair Carpet, 18 inches wide; heavy grade and reversible; only 20 yards to acus- tomer; at, a yard. 16¢ $17.98 Brussels Rugs, all size 9x12; neat patterns and colorings; 14 of them for to-mor- TOWaaluersiciercielsisrs $8.98 $22.98 Velvet Rugs, size 9x12; extra well woven; marked special for to-mor- $ 9.98 row only at..... $14.98Matting,in carpet de. signs; linen warp; on sale to- i Is of yas a SdeSD Linoleums and Oilc 95e Inlal: Tuesday’s Treme special sale | P. M.at. \79¢ Cook’ 30e Floor Oflcloth, | um, slightly damaged but does not impair wearing limit 30 yards toa cus- | quality; special for to- iT morrow from 8 to 10 A. in parquet floor effect; tomer; sold for 30¢ regu- larly, to-mor- 12:¢ row ata yard... M, and 2 A programme in| fs is to be one| this ews said that he did not pro- to his plan, | action | temporal | 1] We SELL MORE REAL LACES ne @ ESTABLISHED FIFTY YEARS, a OEE Ee OAL OLZSDIS TR um, plain colors and cut from the full rolls; on from8to10A. M. and 2 to4 4P. M.at.... 1908. SCARED BY FLOATING BODY. | Workingmen Ran When It Bobbed | | Water. i While a crew ¢ men was engaged in | coaling a ship at r 42, North River, | to-day the body of a man rose from the bottom and bobbed up in the midst of them. The men were thrown into a panic and ran aw but Policeman Dezell attachea a rope to the body and vr at it ashore. The body was Identified as that of @ French sailor who fell from « platform while painting the side of the Fren liner La Provence six weeks ago. He and another man were drowned and the body of the companion was re- cove red. Distance Suburban or Local Trips May be saved || By Telephoning. Think of the value of the time thus saved. MEW YORK TELEPHONE CO., 15 Day Street ————— THAN ANY STORE IN AMERICA, 6TH AVE., 22D TO 23D ST. ndous Bargains in oppers the greatest oppor- 1iSc Matting Samples, Siz@ 18x36 inches; 500 of them marked morrow at 2c 49c Ingrain Carpet, only 20 yards to a customer; on sale from 8 to 10 A. M. and 2 to 4 P. M., at.. 18¢e $29.98 Axminster Rugs, size 8.3x10.6; beautiful patterns nd colori special to-mor- row $14.98 $6.98Dining RoomRugs, extra heavy and reversible; size 3x2; a special lot $1 65 e ial for to- for to-morrow at.. $2.25 Axminster Rugs, size 27x54 inches; new Oriental a s; only 2 a i Deere 3 ieee z 79¢ loths at Low Prices id Linole-|88c Sheet Linole- um, full 4 yards wide; slightly damaged ; special for to-morrow from 8 to 10 A. M. and 2to 4P.M. at, aevards eee 29¢e $1.50 Inlaid Linole- um, in remnant lengths; colors go through to the | back; on sale from 8 to to-morrow +35¢e 's Linole- to 27¢ JAMES McGREERY & CO, | 23rd Street UPHOLSTERY DEP’TS, In Both Stores. ' On Sale Tue: Couch Covers in Oriental and Con- ventional design inches wide, Hammocks, Numerous designs, Summer Curt: Fancy ruffled Muslin Curtains, size, 50¢, Muslin Bedsets with deep valance, H All sizes, WWibiterseleclees cers Colors.. Curtains to match, White.... Colors.. SUMMER FURNITURE. Lawn Chairs of French Willow. Red, green and brown, 3.50 each Extensive collection of Prairie Grass,, Craftsman and Quaint Mission | Furniture, 23rd Street, 34ih Street sday, May the 26th, | s. 3 yards long, 60 ' 3-75 and 5.50 each | plain and fancy, | 3.00, 4.75 and 5.25 ains and Bed Sets, | Full 1.00 and 1,50 per pair. +.1.75 per set, coos © ee+ee++-I.00 per pair, age | J4th Street. JAMES McCREERY & GO. 23d Street On Sale Tuesday, May the 26th, LADIES’ SUITS, fx Both Stores. Foulard, plain and striped Taffeta Silk Princess Dresses. 19.50, 28.00 and 35.00 usual price 25.00 to 45.00 Tailored Suits. Made of shadow stripe Mohaiz or Panajah Cloth. 22.50 usual price 32.50 Walking Suits. Made of check, stripe and grey Worsted. 7-50 STAMPED PATTERNS, In Foth Stores, 2,500 Stamped Patterns,—Shirt- waists and Underwear, in sets to match, Night Gowns, on nainsook s+ ....60c value 1.00 Drawers ss es 5c value 55c Chemises uf S coogc000F3 value 60¢ Corset Covers ‘“ 2 ooee eee TSC value 25¢ Shirtwaists, on sheer linen........1.00 value 1.50 English Crochet Silks for making neckties, FEATHER BOA DEP’TS, 1n Both Stores. Ostrich Ruffs, with ribbon ends, Black, grey, white, taupe, light blue, black and white. 0 inches long. 5.50 value 8.50 Marabout Stoles. Natural or black, 5 strands. 85 inches long. 4.50 value 6.50 Marabout Stoles. Natural or black. 5 strands, 95 inches long. 7-50 value 10.50 HANDKERCHIEF DEP’TS. /n Hoth Stores, Women’s Handkerchiefs of French and Irish Linen, hand embroidered, Madeira hand-work and Armenian Lace Trimmed Novelties. Men’s Irish Linen Handkerchiefs, Various width hems 2.75 per doz. Women’s Irish Linen Handkere chiefs, Various width hems, 2.50 per doz, Women’s pure linen Handker- chiefs, with hand-embroidered initials and assorted wreath designs. Box of six, S5¢ RIBBONS. In Both Stores. Fancy Siik Belting. 1% inches wide. Colors:—pink, blue, lilac, nut brown, tan, brown, sage green, black and navy blue combined with white; 20c per yard, value 45¢ Washable Silk Ribbon, Pink, blue, white and violet. No, I..+-+e0+-+++-piece of 10 yds, 30¢ value 45¢ “ LYseeeeeeeeepiece of ro yds, 4oc “ value 60c 6 Beveerseseseepiece of ro yds, 55¢ value 70c w e+eeeeeeepiece of 10 yds, Joc value 95¢ (5 -seeeeeeee piece of ro yds, 1,00 value 1,30 SO Olesieelselsisiee Piece Of) 10) yds, 17-40 value 1,90 In Both Stores. All Corsets Carefully Fitted. Augustine Corsets. Model for ay. erage figure, with extreme long back, strong front and side supporters. 5c usual price 2.00 Augustine Corsets of fine imported Batiste. Daintily trimmed, CORSETS. 345 usual price $.00 Augustine “Corsets for well devel- oped figures. Filled with real whale- bone. Strong front and side supporters, 1.85 usual price 3.50 Augustine Corsets for every type of figure. Many new models especially designed for well developed figures, greatly reducing the hips, giving grace. f ful slender lines, 2,50 to, 0,00 JAMES McGREERY & GO. 23d Street 34th Street 34th Street ~