The evening world. Newspaper, February 5, 1909, Page 3

‘who are associated with ‘was present to hear the Magistrate's | THE EVENING WORLD ap _FEBRUARY 5, 1908, HAMIMERSTEIN RAPPED BY COURT; REPORTERS HEL They Did Right to Resent In- sulls in Manager's Letter, Magistrate Says. | CALLS IT SCURRILOUS, | Puts Defendants Under $300! Bail Because They } mitted the Assault, For smashing Oscar Hammerstein's face and high hat at the door of the Hotel Knickerbocker that other Sunday might, the two reporters for the New York Press, Fred W. Hall and James J.! Doyle, have been held for Special Ses- sions In bonds of $300 each on the charge of assault. In holding the two newspaper men to- day Magistrate “Battery Dan’ Finn, sitting in the Essex Market Court, Ddiasted Hammerstein for writing to thelr city editor the letter which led to the now notable fist fight. But since Hall and Doyle admitted striking Ham- meystein, when the evidence was heard at the ex Market Court two days ago, the Magistrate was forced to bind them over for trial, Neither Hammerstein nor either of his sons, Will and Arthur Hammerstein, him in his vaudeville and grand opera enterprises, findings. Their side was represented by two of Hammerstein's impressive array of counsel, Morris Mayer and Benjamin Spillman, of Delphin M, Delmas's of- fice, Hall and Doyle were on hand Promptly with their attorney, Charles | ML Beattle. | Calls Letter Scurriloua, After he had given lght sentences and fatherly lectures to two Bowery derelicts who fought each other last night In front of the famous Dry Dock Hotel, Magistrate Finn took up the issue of the Battle of the High F “Gentlemen,” sald “Battery Dan," "I have given this matter consideration for two days, after a full and lengthy hearing, and I have tried to be fair and impartial. These two young gentlemen went to Hammerstein to insist on an @pology for his remarks about them. If he had made an apology I doubt if any blows would have been struck. And right here I'll add that if there is any man of decent breeding who had been mentioned as they were in that scur- rilous letter which Hammerstein wrote to their clty editor and that man had ‘ no manhood {n him, Admit the Assault. “There are quite a lot of people who ( A have the {dea that they can insult peo-| ple with impunity, and I belleve the only reason they assign for exercising that prerogative Is the fact of their opulence, thelr wealth, thelr power, what they can do with their money, what use they can make of It for good or for evil. I am not in favor of any- thing Hke that, ror do T helleva the People of this city will countenance It. “The testimony clearly showed that Doyle and Hall went to the Knicker- bocked Hotel on the night of the assault because they knew that Mr. Hammer- stein would be dining there. On the Part of the defendants It was in evi- dence that they went there rather to obtain an apology from Mr. Hammer- atein for the letter and not with hostile intent, but It Is admit od that Doyle and Hall did strike Hammerstein with the flat of their hands, ‘T hold the two defendants in bonds of $300 ench for Special Sessions on the charge of assaultt.” Prison Term Possible, Sending the cause to Special Sesaions Means that Hall and Doyle could be tried only for assault in the third de- Gree, which {8 a misdemeanor that {s usually punished by a fine of $%, except {n very aggravathed Instances, when the justices have been known to give the maximum—one year in the peniten- tlary or a fine of $500, or both, Had they been held for General Sessions their situation would have been very much more serious, for the Grand Jury could have Indicted them for assault In either the first or second degree, both felonies punishable by maximum fentencos of |racelve the verdict if one was found, ten years and five years in State's pris- on respectively, In his complaint Ham- instead of locking up the jury for the merstein alleged assault in the second | night. degree, | The fond for the two reporters was fur- | nished by Harry F. Doyle, a commis- sion merchant at Forty-seventh street and Third avenue, Mr. Doyle ts not related to reporter Doyle. After ball had been given and after the Magistrate had expressed his pri- yate views of the case In rather strong language, he satd “If there hadn't. been so many bi, lawyers coming into this case T could | have settled it In five minut | After Nine Hours’ Deliberation | They Report to Court, and Are Discharged. Standing elght for acquittal and four for conviction, the jury that tried Banker Willlam Gow on @ eharge of stealing $145,000 trom the Borough Bank, after being out a little more than nine hours, reported to Justice Crane, in the Supreme Court, Brooklyn, at 2.15 A. M. to-day, that it could not agree on a ver- dict. Justice Crane decided to discharge them, and Gow was released on the old bail, $27,000, The trial lasted two weeks. The jury got the cuse at § P. M. yes- terday, It resumed deliberations after coming In at 10.9) o'clock last night, and asked to have sections of the testimony read, At 1240 the jury came into the court-room again. “This has been a long trial sald Justice Crane, “and we don't want to disagree if we can help it. Won't you for an agreement?” “I hardly think 90,” replied Foreman William H. Walker. The jury then asked for the $145,000 returned to Its room. Justice Crane sald he would remain in his chambers to at 2.15, the jury came back and ment, and Foreman Walker said the final vote was eight to four for ac- quittal, After the summing up yesterday Jus- tice Crane delivered his charge in little less than an hour, He charged that the restoration of money stolen would not affect the charge of grand larceny, and told the Jury that a conviction could not} be obtained on the unsupported testi- mony of an accomplice, and that a ver- dict of guilty could not be found on the evidence of Arthur B, Campbell, the cashier. The charge practically reduced the case to two considerations, Gow had procured the sending of the | $145,000 cashler check by Campbell to make up the capitalization of the In- ternational Trust Company, and If s0, | whether this was done with Intent to defraud the rightful owner of the money or was sone, in @ belief that he, Gow, ‘o so in tne regular course of ausineae —~<__— SEARCHLIGHT FOR GUILTY. | | CHICAGO, Feb. 6.—Clubwomen of Chicago are about to install a powerful searchlight, mounted upon a downtown skyscraper, in their fight against vio- lators of the smoke ordinance. They will sweep the heavens in search of dense masses of coal smoke at mid- night, and when they have procured the necessary evidence will insist that Suits be filed against the owners of, the offending stacks, QODIHHRSHSISHNVIHINVGHOTSH Going Up! ALL importance does not at- tach to the fact that The World prints more separate advertise- ments than ANY OTHER News- paper on Earth. To be sure that is a weighty fact that all should heed and profit by. 9 But there's another point that should be borne well in mind: THE WORLD IS GAINING RAPIDLY! During the last five days The World has printed 18,429 adver- tisements—-a GAIN of 3,623 over its corresponding record in 1908, Note: The World fs In- creasing Ils lead. SOO OOOCG 2 gentlemen try? Is there any chance check and a definition of larceny, and | reported the Impossibility of an agree | whether | 5 MRS Ree PAPA WILL NOT LET LCGHINVAR WED DAUGHT 1 Parental Consent Ends in Two Cells. Edward K. Gallagher, of No. 1% East Fifteenth street, was a plumber. | He rose to be an usher at Daly’s Thea- tre. He ran away with Sophie Johnson, \@ fifteen-year-old girl, who often came to the theatre. They went to Chicago together Jan. 26. Yesterday they came back to New York. Sophie telephoned to her mother at once and asked what were the family’ feelings toward her. “Are you married?” asked her mother. “No,” Sophie answered. “We want to be married, but I'm so young that no- body will marry us without your con- sent and father's.” “Come home,” sald Mrs, Johnson. "We { will talk it over with your father,” Papa Johnson wouldn't hear any talk of a marriage. He was so angry that he sald he wished Sophie and Edward could be put In Jail for life for makin, {fool# of themselves and him. He had | them arrested and taken before Magis- trate Moss to-da: Magistrate M: agreed with Mrs. Johneon that the youngsters ought to |be married. He asked Papa Johnson | about {t, but the father merely chewed his lip, glowered at Edward and sald | nothing. “Very good,” sald the Magistrate, Making silence for consent. “Go down }to the City Hall, al! of you, and ar- range for a license, Then come back to me and I'll fix you u Papa WonnsGh Kot as far as the side- walk, There he balked. He went back {nto court and sald that he wouldn't let any, plumbing - usher - Jackanapes make a fool of him, and he wou'd not | ednsent to Sophie's mi Frees So Mag- | {strate Moss put Edward in a cell, in default of $1,000 ball,°on the charge of | abduction, and Sophie in another |{n default of $00 ball, as a wayward | girl and gave Mr, Johnson until 2 o'clock to re'ent. —————EE | MATRICIDE TO ASYLUM. Trotter Declared Insane and Com- mitted to Matteawan. Arthur Trotter, who killed his mother, Mrs. Ann Trotter, at No. % West Eighteenth street on Dec, 90 by cutting her head off, was sent to the State Asylum for Insane Criminals at Mat- teawan to y by Justice Dowling tn Court Several insanity experts testified that ‘Trotter, was an imbecile of the lowest grade. “His condition,” Dr. Carlos F. Mac- | donald told. Justice Dowling, “Is due to arrested mental development than disease.”’ Relatives of Trotter testified he was a degencrate of the most brutal type, and | was only out of prison a few days when he murdered his mother. —— SCHOOLBOY KILLS CHUM WASHINGTON, Feb. _5.—Dennison “harlton, sixteen years old, a pupil in the Western High School yesterday play- fully “held up” his chum, Vivian Bow- doin, fourteen. with his father's pistol of the weapon caused Irrip eae From Chicago for) |th@ Criminal Branch of the Supreme | rather) Rivals in the Stirling Divorce Who Interest English Society Circles | } Tats cas CRASH NRT AVENUE. Red Machine an a Runa- bout and Injures Mrs. Etta | Kosofsky—Driver Escapes. | Red taxicab No, Wi, of the New | York Taxicab Company, collide | Thirty-tiret street and Fifth avenue day with a runabout {n which y seated Mrs, Etta Kosofsky, who con- ducts the Eastern Fur Company at No. Fifth avenue, | twent y-one! years old. The frail vehicle was shattered and the two occupants thrown out: Kosofsky was badly scratched brulsed, but refused medical attention, driving to her home at No. 105 West Forty-sixth street in a hansom, Her son was uninjured, Young, Kosotsky along Fifth avenue when the red | lead shot out of Thirty-first street, yo- | Ing wet, and crasied into the runas| and was driving north | and a dozen drivers qnd a trate px Nceman hauled Mrs, Kosofsky and ner son from the wreckage. Several physi- clans offered thelr services, but Sirs Kosofsky replied that she ‘could look after her Injuries without medical as- sistance. During the confusion the dityer of the taxicab vanished, Patrolman Biehl saw ulm flying west 2loug Thir street, but the young man disappeared fn Sixth avenue, leaving the taxicad where he had stopped It. —_—_— ENTIRE JURY FAGES CONTEMPT CHARGE The twelve jurors who deliberated yesterday afternoon before Justice Kelly {n the Brooklyn Supreme Court in the case of Joseph T. Kress against the B. BR. T. for $2,000 damages for persona! Injuries and went to their hoems after disagreeing without notifying the Court of their disagreement, were severely lectured by Justice Kelly this morning | and given until Monday to show cause! why they all should not be adjudged in contempt of court | The jurors went out to deliberate at 8 o'clock. At 7 they were deadlocked and Justice Kily sent them word that | he was going out to din he would allow them to d verdict. At 7.30. o'clock called ‘for Court. Omi handed him a sealed envelope. Think ing it was a sealed verdict, he allowec them to go to their homes. When Justice Kelly opened the en-| yelope this morning he read the phrase "We disagree he twelve ji were In court waiting to be discharged, | T Owens and Instead, they got the lecture. ‘Th jurors are: Foreman, F acres Henry B. McGowan, Joseph 4. Gi fre,’ Blmon Marx, Richard. Marsh, Charles G. Sheridan, Theodore Spenc Edward D. Ws ames L. Mucte, | Samuel C. Roge ». W. Ganner and} Carl Schmuck | ee The sealed package is a guarantee of cleanliness, White Rose Ceylon Tea A 10c, Package makes 40 Cups, AW ner and that | > = Fy SOCIETY EAGER FOR The STIRLING Former ert AIT DiVOK mn, Claim INI Actress and Mrs, Ath- Rivals in Case, Still All Interest. SUMMING UP. Throng Will Hear Arguments on Claims of Rich Scotch- man and His Wife. LONDON, Jand ts watth arguments of the lawyers in the fa- Eng! is suing he Surling, Feb. 6.—All of fashionable Ing impatiently the final mous Stirling-Atherton-Northland — di- jvorce tangle, whieh will be heard next | week at Edinburgh, the evidence for | both sides being all In, It 4s expected that Judge Guthrie's court will be fairly mobbed with members of the ultra smart the country, anxtous to hear and} see the closing scenes tn the most sen= sational marital tangle of recent: years, ‘he fact that every principal Is soclally prominent gives the affair added {n- terest, Naturally gossip and conjecture main- ly centres about the two women in the! both beautif »pular, “is the former onus as Clara iveth Taylor ere in * Vand the Girl,’ nit, John Alex- Kippendavie y husba Laird of and formerly a leutenant in the Scots rd. ith she hi can tt Lord spondent, portay sted Mr. Stirling and Mrs, Atherton, who, he as: i, carr! ie) Gian ix Keep Stirling and his wife apa: Heep Stlting even pressed him to | tirling in America In .urther- | pjecta, but he refused to go. He attributed much of his attention to | y irling to hls efforts to cheer her “particularly ag she had purchased a r, and on half a dozen occasions ened to kill herself. xamination Lord land admitted that he was attached to rt | Atherton, Ii | join N lee ¢ nly ad threa In his cross #, alleging Improper part with the fascinating Mra. husband in turn $s prosecuting @ | s suit in whi mproper cv 1, son of the is only Mrs. Athe a baronet voreed fr breach of promise against rtly ad with M nother of p orthlan wit ice yesterc conduct on Ath- rhe charges his wife duet with Lord North- of Ranfurly. y-four years old, is some years her ler and the daugh- ears ago she Atherton and an alleged pt. Yarde- | pre t case cropped. up twe rtor ‘om before the her name retty ) d, the ho last witne: lay before both incipal co-re- of im- | sides His evidence consisted largely of | tae denials to the statements made by irs, of her said, on a conspiracy Mrs, Mrs, Stirling, but he said he didnot love. and her son yeu He had not determined whether he would marry her If she become free. — —-- Mrs. BATTLE EFFICIENCY FLAG FLIES ON THE VERMONT. New Pennant That Denotes Best Gunnery Scores Hoisted With Much Ceremony at Gibraltar. RALTAR, elency Feb. §,—The new “‘bat- | flag created as a trophy for the ship making the highest gun- bout. The force of the _ collision} whipped the horse out of the runa-| GIB! bout's shafts and threw the animal to! té effi the ground. The runabout went to pieces, A stream of vehicles was passing nery along the thoroughfare at the tim score Was Vermont to-day. invitatle division commanders, ordnar pointers of the fl of the Vermont to wit- | captat order noune! Then, tion t Admiral spoke {mpre: the miral Leigh captal Verma ns, leck hoisted on board the The members of the crew of the battleship were drawn up on deck at general muster, and at the of Rear-Admiral Sperry the a majority of the officers and gun were gathered on Sperry. read the department ed its award trophy, and a to the Vermont. in a brief speech of congratula- o Capt letcher, ed much William Cc. Palmer, in and ordnance officer of ont when Fletcher, the trophy to the fleet. in accepting the honor, credit’ upon Rear-Ad- P, Potter and Lieut, who were, respectively, the most of the winning records were made. The Stripes band “8 Forever" Played the ‘Stars and! ag the flag, which {8 a red pennant with a black ball in the center, When {t was broken out at the mast- | was ho isted to the foretop. head the crew of the Vermont cheered wildly and thelr enthusiasm was an- swered lustily f fleet The Ver Notice to the Public! That we may protect the many persons—both MEN and WOMEN—who have been greatly benefited by wearing Dr. A. Reed Cushion . Sole Shoes from being misled by the inferior imitations offered now and then, we hereby advise the PUBLIC that the genuine Dr. A. Reed Cushion Sole Shoes jij rom every ship in the mont. won the trophy | from the Minnesota by @ narrow mar- | gin, bear the names of t on the pull ‘straps J, P. Smith Shoe Co. Makers of Men’s Dr. A. Reed Cushion Shoe Co., Ltd., 1352 Broadway. cor. 36 St. Mrs. | to | orth- ively of the sig- | TOOK CARBOLIG. “AOD IN MISTAKE. FOR CASTOR dlL |Dudley Latham, — Columbia | Law Student, Is Taken to | Hospital Dying, Dudley Latham, a law student at Co- | : | limbla University, and a son of Dr. P.| H, Latham, of Weatherly, Pa. was| taken to J. Hood Wright Hospital, dy- ing from carbolle acid poisoning, late | last night, after accidentally | swallowed {he contents of a two-ounce | vial at No, 610 West One Hundred and Twenty-fourth has been boarding with a Mrs. Francis. According to Mrs, Francis, Latham, who {s twenty-four years old, studied jlate last night, and then came in to talk with her, | “I'm not fellng well to-night,” he be- Fae ok Smart Spring Skirts In Infinite Variety $ 3 Chic New Models, $5, $6 & $7 Values, Saturday's Bargains Never in our history have skirts of such remarkable worth been sold for so little, Smart Mixtures Rich Panamas Spring Broadcloths Newest Spring ideas—strictly high- class tailoring, one model, like pict- ture, made of black Panama with fan-plaited sheath, beautifully fin- K\ ished with wide silk bands, Other French gore models in new Spring mixtures and broadcloths, smartly finished with straps and buttons, Browns, blues; and blacks Saturday only, $3.00. No Alterations having street, where he AS ss |gan, have just sent the elevator boy | for some castor oil. I'm going to take | a hot bath and the oll, and maybe to- | SALE AT ALL morrow I will be on my feet.” TPREE STORES The boy brought the oll, and young Latham retired to the bathroom. A short while later Latham was heard to scream for help. He was found In the bathtub writhing in agony and an empty 14-l6West 14th Stret NEW YORK. BOF ful lon Street vial which had contained carbolle acid | ease in his hand, On a@ shelf was the vial of castor oll, which had not been | List| Bat Sct touched. JNEWARK, Latham was unconscious when the a SITAR CE eee —“——— police came. Mrs. Francis sald Latham | y 4 LS Ms had undoubtedly got the two viais | ER mixed, At J. Hood Wright Hospitai it} Was sald Latham had hardly a chance | |1n a thousand to recoy ee BALL FOR TAFT AT PANAMA, |Jsthmtan Government Will Honor President-Rlect To-Night. | PANAMA, Feb. 5.—The engineers who | accompanied William H, Taft to the Isthmua spent to-day in consultation at Culebra on minor questions of construc- | | tlon | THE OUTEK GARMENT SHOP 12 West 23d Street BY FAR THE BEST OFFER WE EVER MADE IN Tailored Suits at °17.75 None worth less than $40; some as high as $60 | The Government ball, which Is to be given at Panama thia evening, will be | it peed stration of friendliness for Mr, THE LOT CON UITS OF Finest Broadcloths, High grade Cheviots, « Superior quality Chevron NCE Established Over 40 Years, | i N.S. BRANN, ! 231 Elghth Ave TWELVE MODELS, INCLUDING: | erBet fEUP ane fret 5 ¥, City, i | MOMENT gare Directoire, | eee. Hipless effects, all modish colors, | Empire, sale to-morrow. . ° Danton, : ADVANCE SALE OF 1909 Thousands of 14K | |] Gold Wedding Rini |} Au, Engraving 1 | At $8. 75, value $12.50 At $15.75, value $24 Lingerie Dees surplice effect, Lingerie Dresses of handkerchief trimmed with val. Jace and Wand linen, elaborately trimmed with embroidery; tueked net yoke. fine Mechlin lace and revering and insertion to match; finished ‘with lace Jabot, Empire effect, At $22.50, values $35 Two models of very fine hand- kerchief linen, elaborately trim. med with real Cluny and Mech- lin laces, fine tucking and baby Irish medallions; ribbon sash, One of the handsomest models ever shown at this price. At $10.50, value $15 Three inodels, very fine Batiste; elaborately trimmed with baby Beau- TBs tartdsome O11d gold in ia set ni yt on juine $2 Irish, Filet and Val. lace. tiful new Princess, i Directoire effects. | Lingerie Dresses This al hand SOLID GOLD hunting case! ich, “stor. windee, cant goiter. worth i $20, only Ss ri \ Gent's handsome “or GOLD tere B Rit 9 winding Wat minty Worth $40, onl 2: , SATURDAY, FEBRUARY 6TH, Misses’ and Children’s Wear, Special Values in New Models, : | Thies handsome Weer daomeSltD GOLD sia- Pou DBL RTNET RING, with LOCKET, get with beautiful monogram ESniplete with @ag eneraved free, chain, only All Engraving Done Free of Charge. Thousands of Other Great Bargains All cars transfer to N. MISSES’ TAILORED SUITS, new spring fabrics, long hipless coat, gored skirt, CHILDREN’S GINGHAM DRESSES, sizes 4 to 12, CHILDREN’S GALATEA SAILOR SUITS, sizes 4 to 14 years, 18.75 2.75 4.00 SPECIAL OFFERINGS AT GREATLY REDUCED PRICES OF WOMEN’S FUR COATS, FUR-LINED COATS, MUFFS, NECKPIECES, GLOVES, LINGERIE, INFANTS’ WEAR, UMBRELLAS, LACES AND EMBROIDERIES, Preadway L it Street, “Pure) Milk 8: PER Prompt Service MUTUAL MILK is the only pasteurized milk delivered to you In a SEALED, air-tight bottle, as directed by the NEWYORK HEAL TH DEPARTMENT. That's why it is always the cleanest, most sanitary and safest milk to give to children and to use yourself, It's GUARANTEED pure, MUTUAL MILK 4x» CREAM CO, MAIN OFFICE 214 EAST 22°ST, TEL.6346 GRAMERCY hese manufacturers and inside labels. John Ebberts Shoe Co, Makers of Women’s Sunday World Wants Work Monday Wonders