The evening world. Newspaper, March 17, 1909, Page 16

CLASSIC LORE CF SMELLS TOLD IN COURT-RULING Justice MacLean Goes Back to} Ancient Egypt in Discuss- ing a Rat Case, RODENT WAS DEAD | }-SENTIST, BADLY HURT, REFUSES AD OF ADOCIOR Mrs. Jane English, of Paterson, N. J., Knocked Down by | Runaway on Broadway. DAUGHTER ‘TREATS’ HER | THIS Young Woman Repeatedly Tells Mower That Ske Is Not Injured. Odor Drove Tenant Out and Majority of Court Says He Needn’t Pay Rent. Although sutering tnisnety fram a “The anelig ye ere , durles: she had Hae S Pe an el) against the defendant untess he y ‘ay ‘a ay) Gown by a runaway horse in Broadway | 5, pack to the classical Dut op. to-day, Mrs, Jane English, of No, 199 - portune gmeii arising from the Carroll street, Paterson, N. J., declined | ashes of the perfume cast upon the ministrations of an ambulance sur- the burning heart and liver and eon summoned by a policeman, on the all of the fish th ground that the 1s a Christian scientist. | 9? Of the fish out of the Tigris Her daughter, Adeline, who narrowly | (Titer), causing the eviction of escaped death beneath the hoofs of the the demon and his flight into the frenzied horse, kept up a running fire uttermost of Egypt and of encouraging remarks to her mother ondage. td as the crowd surrounded them, [Eb Consoled by Daughter. Such {s the minority opinion of Jus- | “You are not hurt, mother,” she said |tice MacLean, of the Appellate Term repeatedly, “You only think you are. of the Supreme Court, as shown in an I am sure you will be all right In a interesting decision bearing upon the | minute or so, Don't think of going to eviction of a tenant by a bad smell in the hospital. Neither must you allow the flat he occupied. Justice MacLean | cases on parts this physician to examine your limb, @8|wrote this paragraph, but drew his I am sure it !s not broken. It couldn't pen through ft, the best paragraph of be, you know, mother.” M1, In the opinion of several eritics al At the request of the daughter, the jearned in anc injured woman was helped {nto a car- o¢ dead rats. riage which had been summoned and/ James Madden owns the flat-house at the pair started for the train which W438 | Ong fiundred and Thirty-sixth street to bear them to Paterson. jand Broadway, William Bullock had an A horse attached to a wagon owned apartment on the second floor on a by L, F. Dominick and Co., of No. 57) tease for a year. Builock smelled a bad Greene street, took fright at Broadway | smell right under his own bedroom last and Eighth street and dashed up| May and complained to the janitor, say- Broadway. The street was lined with aling there were probably a lot of d | crowd of women AIRED and they |rats under the floor and that they must were thrown into a panic as the mad-|be removed before they gave him and dened animal bore down on them, jhis family a pestilence of some kind. fent history and the lore this Htypewritten pages of = | to read Policeman Rosendale MeKeogh, ‘who was at Ninth street, attempted to stop | the horse, but he was knocked down | and sustained an injury to his knee, Hurled to the Ground, Passing Ninth street the horse ap- proached a car from which Mrs. Eng- lish and her daughter were alighting. Wither the horse or the wagon struck Mrs. English and she was hurled to the ground. Her daughter managed to dodge behind the car and escaped. Traffic Policeman Rosendale picked Mrs, English up and she was 80 badly hurt that she could not stand. She complained of an injury to her leg and her knee Roendale sald that Mrs. Engilsh could not lift her foot from the ground and he Is confident the limb was broken, After half carrying her into a nearby, drug store he summoned an ambulance from St, Vincent's Hospital, and Dr. Sheehan responded. As soon as the sur- geon arrived he attempted to examine the injured woman, but both she and | her daughter declined to allow him to | make an examination, the young woman repeatedly assuring her mother that she was not hurt and did not need the attentions of the surgeon. She then procured a carriage and took her mother to the ferry. | Dr. Sheehan said later that from the cursory examination he had made he! $s confident that Mrs. English's leg was broken, and, furthermore, that he be- Neves that she had suffered internal in- | juries, Miss English told Policeman Rosen: Gale that both she and her mother are Christian Scientists and, therefore, they were not in need of the services of a jm surgeon, —_—————_ OAKLAND ENTRIES. OAKLAND, Cal, March 17.—The entries | flor to-morrow's races are as follows: FIRST RACE—Seven- aizteenth of a mile; urse.—King of die Grane: iy Charle. Hares + Coltried, 111i | jo, 110; Lewiston, 1440! | Oswald B, othe. 108; Judge Honderson, ; Twin’ Screw, OND RACE —Futurlty, course: ett —John H. Sheehi 110: Kokomo, 1! n Ay, Maton, uty Roval, River: 108:) All Black, 166; Dovalk, 102; "*Biue Heron, 0; Basy. 07; a Ormonde, 98; jr TH) se; puree. — ranatl Rite, 100; Prince dal tia, | frike Out, 07, Ponacécs, 05, Mary Davee, | OURTH RACE —Mile and twenty yards; | lung —Rockstons, 110, Don Enrique. 108 Pap hiker Kennedy, 10% The Peer, den, FT: Gripworl, 111; Ral Meteor ‘tits < sim, Gafiney Dexirious, 100 fast Thing to Do j How foolish of this gentleman i To try to stop a tr { In such an easy fashic ' Of course, he tries in vi j 'Twould be almost as fool'sh Advertisements in the Morning World are given a dally cireniation in New York City Kreater than that obtainable through the Nerald, Sun, ‘limes, Tribune and Preas COMBINED, | bed {nto the parlor to sleep for the reat | | saute, ALWAYS use and peruse World ads. | | Florence, his wife, he sald, was “doc. toring for a congestion of the right lung,” and one night when Mr. Bullock came home late he had to drag her from of the night. ‘The smeil vas go bad that the physician said she should go |< to the seaside, | Found a Dead Rat. The janitor ripped up the floor over the spot indicated by Mr, Bullock as the place where at least one dead rat was located. He was rewarded by find- {ng one rat whose epirit had flown. But the smell did not abate, More flooring was taken up. No more de- cedent rats were found, and the jan- | tor sprinkled chloride of Ime in the | Space between floor and ceiling, against the earnest protest of Bullock, who, in common with the unsctentific world at large, declared that the remedy was more malado js than the rats. The flooring torn up was not replaced, and Mr. Bullock moved out on Ma Mr. Madden sued him for $ the rent for the fle. for the four months which would complete the year. The case was tried in the Municipal Court of the district. Bullock contended that the dead rats and their sickening smell had constructively evicted him, ‘The landlord contended that he waa under no obligation to remove offen- sive odors arising from a dead rat under the floor. Rut even ff he was under such obligation he was entitled to a reasonable time to remove the cause of the complaint, He sald he was moving as rapidly as possible, but that the tenant moved out nine days after his first complaint. Court Rules Out Smelis, Judgment was given in Bullock's favor. Marden appealed to the Appel- e Term of the Supreme Court: e Gildersleeve and Dayton, const{tut- the majority, affirmed the judg- nt, and said “The evidence shows an intolerable arising from loathsome dead and decaying rats which Madden. undertook uneuccess: move, and made matters tearing up and nol replac- hi flooring and by using chloride of lime. Bullock was power: less to remove this peril to health, Such conditions cannot be called an inconvent wi Bullock needn't pay that $20 rent Justice MacLean, in his dissenting opinion, said: “Without pronouncing antiquates the decisions of o ighest court that where the landlord is not chargeable with ony negligence tn reference therete nolsomé condi. tions aris: Ag afier rights have be: come vested—even the breaking out of an infectious disease—wili not relieve the tenant from his under. taking to pay rent, The herein cannot be rid of his cy through the finding of a pu rat under his chamber floor very spot he expected it was. J ments for the habitation of mantave rented for the normal, not a+ ant. septic for operating r not be abandoned he able to the physict “Legislate this be! particular case, but Strict {ts novel legislation | vantaging this particular may be @ convente the wide Possible e went Into and the evte. + March 17. e's ra The Ss onre as | who bought the lo: THE EVENING WORLD, JUDGE ON WITHESS ‘STAND CHARGES WORLD “AD” BRS } | i | | | | CARMEGK JURY Novel Settings at Close Murder Trial, — began his ¢ ry at 0.20 A, | | M. to-day tn p trial for the murder of ited States W. phers worked Senator Carmack. ‘The stehog- all night and had the at daylight sixty-two. completed document ready put four hun- dred words h, Lawyers say it is the most 1 clear a Tennessee theories of | the Judge began to read, was packed, “The law makes tha Judge the wit- ness of the law, Hart, “so J will now tal tness-stand and give my testinie He left the bench, walked around to the chair, which has been the centre of attraction for two months, the w Sheriff Borum had a doze | scattered through the roor dition, asked and rec ten uniformed patrolmen, | stationed around the bar. and, in ad- ed a detall of who were “T do not anticipate any demonstra. | tion,’ he sald, “but [ will run no risk of having one at the eleventh hour.” The Court instructed the jurors that they must dectde whether or not the Coopers committed an overt act when| they crossed the street to meet Car | mack, The defendants, newly attired and cleanly shaven, were brought for a moment held a levee Their friends and relatives around them, shook hands and pre- dicted that they would all take dinner at home to-neht Mrs. Burch and Mrs. Wil Cooper's daughters, eagerly the Judge's charge, As the court de- clared that no epithet, editorial or an as- Bureh the bar son, Col. tpeech was sufficient to justify . and Mrs, both frow osed her eyes for a opened them th The words “death by hanging her wince. Mra, Carmack, In black from head to foot, was again in court, her head upon her sister's shoulder, her son on the arm A half hundred women of her chair. id her, and ad | friends stood or sat beh. Joining coungel for the State, ‘Two prl- yate detectives stood near Attorney- General McCarn’s chair and kept a watchful eye on the crowd Judge Hart finished his charge at 11.15, read rapidly for nearly tw room. The jurors, after lunch, resumed thelr deliberation at P. M.. There are no indications that a verdict wil reached very soon. ——_——_ BURGLARIZED A FLAT be n deputies | in and} crowded | tened to | Scene With Dramatit| ‘Pearl street, 2 10) V-Judge Hart | 6, jand the eldewalk out State a ise, a digest of the tes- timony of every witness who tostined | jon either side, The courtroom, when and a cou } loc ne applicants, and ad- or future an hour, re WLD CAMOR FOR 8 Police Called to Quiet 200 Anxious-to-Be Office \ssistant. —_—-——»-— — MAY IRWIN WINS SUIT. Court Throws Out Action for tee pairs Mads on Hey Houne, mechante’s Hen apr The Police Gazette offices, were almost m nearly 20) anxious men who answe columns of assletant. ‘The police alled to clear the halls Long before the hour. tloncd In the paper, t Invin, were i nil v with the old and young men long beyond the Oster held that th position of “office ass and dexterity, There we of lesser years but greate perlence whose unkeiny their small regard fc appearance, but the present were boys degrees, age and size. Dozens came and, s¢ n the with ase also many Hterar halr sho Indictment Against Flacher-lan- reo bersane. sens Partner Is Dismissed, vig the sated, Wen throng already « again Whee the ¢ and a small that only ‘cants went awn and began] nolse was | i} The jury at onec retired to their TD CATCH BURGLAR EOS Detectives Broke In, Landed Their Man and Got Track of His Boot:. Two Brooklyn detectives, Barnitz and Henne, of the Fifth avenue sta who won distinction a week ago by ducing several Black Hand blackmail! ers to walk into thelr hands, pe trated a burglary last n’ ina cessful search for a thief, Valenti Eberly, A month ago the two brought about | the conviction of Joseph Thomas, for the b a ¥ shop of Wil Levy, at No. “ourt | aven mas was sent to Elmira Before he went up-State Valentine E bert ot No, 13 street, lad him tr The detectives rned that Eber! | been In the Reformatory for t) They found he was liv- og avenue, near the Navy of the premises them that Eber. id not dare rus) {them could not he poors and the I the house w dark and + a fir ne ourgiar | tious! surrept time slipped a win- dow jock with vle and entered. Everly the f the window, Jumped o i and nid under a plte € o He con- fessed his shar . burglary and iO ka the fence DIFFICULT TO BREATHE Relief Overnight by Latest Scientific Discovery. In spite of the fact that the mas asthma aulferers are inclined ty veliet that asthma ts inci ment {§ made without q) the only permanent cure ing disease ts the celebrat catco, dispensed sinee its me ago, by the Aus onic cases of asthma in all part country have been permanently curet b this wonderful preparation, which is tak by the patient In seven-drop doses at vor withou' necessitating a change of which {s foolishly suppose! to t The demand for ascatec Brook s caused the any 0. eatment, uses with a rai nish the patle trian Labora’ New York City, ental treatment ry expe | Write for it WORLD HELP WANTS small one pr the door bel then reigned, sweled to large bers of the me deafe JAMES McCREERY & & 23d Street 34th Strect March the 1Sth. On Thursday LADIES’ GLOVES. In Both Stores. t clasp, prix seam, English tan Capeskin Gloves. 1.00 per pair 1 button, prix seam, Chamois Gloves. Whiteornatural 1.00 per pair Ee LADIES’ CLOAKS. Broadcloth Capes,—military model. In Roth Stores. 18,00 French Serge and Shantung Paletots. 22.50 In Both Stores. HOSIERY DEP'TS. New Spring stock of Children’s Socks in stripes, checks and fancy weaves. too dozen Ladies’ iiack Cotton Stockings, ‘‘Morley’s”’ Size 8 to 10'4 inches. 25¢ per pair 500 dozen, Ladies’ Sheer Lisle Thread Stockings, with double heels. soles and toes. Black, tan, white or grey. 3oc per pair Ladies’ Pure Thread Black Silk Stockings, with cotton spliced soles and toes. 1.00 pet pair medium weight. CORSETS, In Both Stores, New Spring Models. All Corsets Carefully Fitted. C. B. a“la Spirite Corsets for . average and slender figures. Strong front and side supporters. 1,00 C. B. a la Spirite Corseis. Model for well-developed figures with double boning. Desirable models for average and slender figures, Front and side supporters. 1,50 C. B. a la Spirite Corsets for every type of figure. 2.50 C. B. a la Spirite Corsets, cut on straight and slender lines, extremely long, greatly reducing the figure into slender proportions. 3.00 C. B. a la Spirite Corsets made of Fine Silk Broche Batiste and Heavy Broche. Cut extremely long, moulding the figure into the requisite lines for the picvailing mode of dress. 3.50 to 8.00 SOROSIS SHOES. Sorosis Shoes are shapely and fash- ionable, and are correctly fitted accord- ing to measurements, JAMES MoGREERY & 23d Street In Both Stores, 34th Street Good Office Boys Come Quicl cHly In Response to A WEDNESDAY, MARCH 17, 1909. eeneneced meer te of husky | § | ER ARSE OAPI | Determined to Make To-Morrow a Banner Day in Household Eauipment Buying If VALUES will do it, if equal qualities at lower prices than others | | will do it, then your footsteps will be irresistibly drawn to this} jstore, for the below advertised articles challenge comparison: Bt Te aT a rE ieee Gouch | . PHONE ORDERS OM AGVERT RO WING a Covers aetd Window Shag €$ oy bE 50 ivisnt SOUR 4 Froor—Our 5-0 1, served TAM. lo 2 RESTA’ JRE Sensational Sale of | AAG DB.) Luu 960 Pair eth _ Inlaid Li | 7 Lace Curtains | at Ye ole meen 3,0 in offects; 3 and 343 NEN Cork Linoleum —— 4 | Exquisite Arabian Lace Curtains (Pair) same 15 _Reasisance Ruffled (gett (Pair) - with bbinet edelig, extra strong and our Sale of Muslin Curtains (Pair) | i ha Few of the Hundreds of Underprices from pring Sale of Notions | We Pebli pereecee vp SUK mood | CLARK'S OLN, Sips | 77 | D Rss Vice q re Cottbs THE FAMOUS CLARKS he sb 26 Ba! ailiar 296 sardas t ees oy c OR SM KI Rs YGLIS 4 t tb Z : oC PIN S—Heavy Y BATETY PEARL H r