The evening world. Newspaper, December 15, 1911, Page 1

“ Did It Turn Out Better Scholars Than the Public Schools of New York City? The Evening World Makes a Test - . SEE EVENING WORLD WBRATHER—Ka to-night and pi Fi —= __PRICE, “ONE © EDITION. in the Mayor’s Childhood Educational Institution and in an East Side School. (ALL EDITIONS) ENT. _—s Prosecutor Bostwick Wins His Point After a Long Legal Battle. ————A WAS TWICE RULED OUT. | “Shot Bolt” Furnishes Strong Evidence That Washington _ Place Door Was Locked. Judge Crain, in Part V., General Ses- sions, this afternoon allowed the lock fo the door that barred the escape of the girl operators from the Triangle Weist Company fire of March 2, 1911 to be introduced in evidence, Twice be- fore during the day the Court had re- fueca to admit the exhibit as testimony Against Isaac Harris and Max Bianck, who are on trial for manslaughter in the case of Margaret Schwarts, one of “a MT who died in the fire. The piece of punet containing the lock, an@ known as “People’s Exhibit No. 0 constitutes the strongest physical proof the prosecution possesses. or twe days Assistant District-Attornes Bostwick fought a legal battle to get It before the jury. Repulsed time and again, he came back like a bulldog in the face of an almost hopeless fight and won the crucial point. \ It shows conclusively, he contends, that the ninth floor door on the Wash- on Place side of the factory where y girls died, was locked when the panto-stricken employees threw them- ecives against it to escape from the flames. ‘At the opening of the session to-day Judge Crain denied a motion of the de- fense to strike from the record all tes- timony relative to the fire escapes on the Asch Bullding below the eighth, ninth and tenth floors This important ruling gave the de- fendants notice that they would be hel accountable for any obstruction that might have prevented the factory ee from getting to such means of egress as the building afforded. TELLS ABOUT FINDING THE LOCK ON NINTH FLOOR. Joseph Sabino, who found the piece of ‘wood containing what purports to be the fock of the ninth floor door, was asked whet he found while working in the butlding on April 10. “I found a piece of He inditated a piece about five feet jong and had started to say that he was going to throw it away when some- body told him to show it to John D. wood,” he sald Moore. Then he identified the bit of panel and the lock he had found. '@ did you find that bit of “On the ninth floor about four or five feet from the door.” On cross examination he said a po- Neeman had directed him to the work and that Mr, Moore had given his pay check for the job. Pietro Torchia, who was working with Sabino, sald he saw Sabino find the panel and lock on the ninth floor and there?” asked Mr. Bostwick, “Mr, Moore told me to wateh the men at work.” Q.—(By the Court:) W! men working at the tl fats floor on the Washin re were these on place side Q.—How far was that trom the door? A.—Dlagonally about eleven and one- half feet. Max PD. Steuer, Mr, Moore had sta have been twenty feet, policeman wae sure of the distance, witness said that was his recollection. ‘oss examining, said ed the distance to and asked If the ‘Then he was excused and told to bring his memorandum book to court, John D, Moore was recalled. He™watd e went to the Asch Building March and was there every day except ‘March 2% and April 1 until the finding : of the lock on April 10, | “©n the morning of April 10 what} (Continued on Second Page.), he Identified them. Policeman Francis Flynn, who was on duty at the Asch Building after the fire, said he was on the 1 ) Moor when Sabino and Torchia found the door panel. He testified that he saw the men take it from a pile of rubbish, “Under what instructions were you | A.-On the | The | TELLTALE LOCK AoW AS ALINK IN THE EVIDENCE N TRIANCLE FIRE TRIAL “SHUT UP OR QUIT! ISTHE ULTIMATUM MADE TO BARNES Revublican Leaders Say He Has Put a New Fracture in G, O, P. Machine. SUCH A FOOLISH TALK! His Roosevelt Interview, They Say, Puts Him on Par With “Fingy” Conners. “Shut up or get ou That was the blunt notice served upon Republican State Chairman William Barnes jre by State Committeeman Wil- Ham H. Daniels, former State Treasurer John G. Wicker and other up-State Re bublicans who called upon the State chairman to-day to find out into just how many factions Mr. Barnes hoped to smash the Republican State machine. It was pointed out to Mr. Barnes by these callers that instead of harmon- izing the party as he had promised to do when he assumed his new office he was swiftly battering it into smither- eens. “Where we had but two factions when Mr. Barnes took hold of things we have at least three now-the Barnes, the Roosevelt and the Taft factions. One more and we might as well retire trom the political business,” sald one of the visitors. “Get come good man as your stand- ard bearer or Ket out of bilsiness,"” was the way it was put up to Mr, Barnes, “Take either Mr. Roosevelt or Mr. Taft, but don't try to stand alone for it means your political finish outside of Albany County." REMINDED HIM OF AWFUL WARNING TO “FINGY:' It ts understood that the visitors re- minded Mr, Barnes that but a little more than @ year ago a State Demo- atic Chairman, William J. Conners of Buffalo dy name, had talked just a little toc much and as a result had a majority of his own committee call a to depose him.Mr, Conners, it membered, merely sald that Murphy of Tammany Hal! Court audges pay for “and that he wouli Mr. Conners de- do after he made meeting will ath However, to prove it a prove it d not lengthy retraction he was allowed to ain seat he spectre of Mr. Conners's escape from removal has been held up to Mr Barnes by his visiting comm en “Bartes has either Kot to shut up or get out,” sald one of sitors to The Evening World. “He “has had these outbursts before, but now he is a State leader, and the tactics by which he uxed to rule Albany County won't go in the entire State That there is a strong movement on foot throughout the State to repudiate jeadership of Barnes was apparent from talks with the various lea who | were in the to-day, It Was gener ally agreed that rhes had not made od SAYS THEY HAVE LOST CHANCE TO WIN OUT. “The party was united in th get back the Assembly. as thorough a, Mr, Ba ses wasn't allowed to go uu- decelved about the unpopularity of is published remarks about President Taft. | Mr, Daniels, one of the leaders from | Erle County, was asked if Mr, Barnes's | dislike for dr, ‘Taft struck a resounding chord in the western end of the State. You can say for me," said Mr, Dan- fight to Now Barnes y disrupted it again,” they | si (Continued on Second F "BEATS WILL, CONTESTED BY SON, UPHELD BY COURT ee Surrogate Declares Late Head | of Western Union Was Not Unduly Influericed. YOUNGER SON WINNER. Property Valued at From $1,- 000,000 to $3,000,000 Goes | to Thomas T. Eckert, Jr. Surrogate missed the Clendennin his fath Eckert, for Western l as a Probate. Clendennin Eckert under which he Cohalan contest late to-day brought by ert to upset the will of the late Gen. Thomas T. many years president of the ion, and sustained th will valid inated entitled to dis-| James | nent contested the will, recelved only $50,000 outright, while his brother, Thomas T. Eckert jr. received the bulk of estate. He charged his father had been unduly influenced by Thomas T. Eckert jr. and that at the time of the execution of the will his father was of unsound mind by reason of his age and physical and mental infirmities. In a long opinion the Surrogate satd there was not the slightest evidence of y undue influence oh the part of T, T, Eckert jr. c+ any one else. He said evidence cleatly showed that Gen ckert knew all about his property and affairs and was fully capwhke at the time he executed the Will. COURT DISREGARDS CLAIM OF THE ALLEGED WIDOW. The Surrogate said in arriving at the conclusion h did that utterly dis- regarded the testimony and the claim of the a d wido' Marle L. Dav! or Dore, “why m, in my opinion, arose solely from the hallucinations of disordered mind.” . Gen. Eckert left an estate vartously estimated at from $1,000,000 to $3,000,000, During the trial of the contest before Surrogate Cohalan, lasting several weeks, there was evidence of the bit- terest feeling between Clendennin E rt and his younger brother, Thomas. Gen. Eckert In his will bequeathed the property known as Carlton Ter- race at Elberon, N. J., to Miss Jeanna ckert, the beautiful young daughter Clendennin Eckert, To his brother, Wilkam H. »kert, and to his nieces, Mary P, Taft and Alice BR. Hamlin, he left $5,000 each; to Richard G. Page jr., his private secretary, he left $100,000 outright. ‘The $50,000 bequest to James Clendennin Eckert was left in trust, while the residue of the estate went to Thomas T. Eckert jr. MAY LOSE EVEN THE $50,000 BY THE CONTEST. will provided that in contest by James ¢ the re was revert t The of the event ndennin, receive and he It was with tion af this clause in the to estate Eekert should the should be cut off entirely. a fall app will that Giendennin started a contest That he will carry the fight on to the ighgr courts is 4 foregone conclusion. His lu announced during the trial | efore Surrogate Cohalan that no mat: | ter how the case was de the Surrogate it would be appe ——— ‘INDICTED FOR $400,000 LEATHER STOCK SWINDLE: the | 15, 1911, Lillian Graham and Ethel Conrad In Court as Prosecutor Lashes Them | 4 PICTURE FILM FIRE PUTS GIRLS IN PERIL, Rush to Stairway Just Before Explosions Shake West Side Building A plant for developing moving-picture films and a piano factory in the same building formed a combination, at 1) o'clock to-day, that gave the firemen a hard battle on the west side. A fire started in the film developing place and spread to the plano factory. Two |wlarms were turned in and probabl $50,000 damage was done by fire and water. . The building at the northwest corner of Thirty-seventh street and Bightn avenue {§ six stories high and various- ly occupied, The “Rothschild Twenty ive Cent Store has the ground floor second floor Is vacant, The three floors a as a factory store qgom by t KE, Leins Plano Company, except front part of the third floor which was given over to the Federal Picture Pign T top ssembling * occuple 20m rear of the building r cupled by J. F. Hayes ak a storage warehouse Half a dozen giris and as many men At work in tilnt developin lant when © ex ploded and ple 8 fell on film that wa on a spool xy Eleanor West Twenty eventh stree sitive film ‘ea ength with a The burn | authorities the Grand nate o-day re-| Arecrackers turned indictments alleging grand Mure} gun everybody,” yelled John Mul ceny ¢ nst Henry R. Raymond, Me ahey, one of the employees. The girls rt Parker and Adam Hooh, had been often warned to in cas Raymond was arrested in the Pis-lfre, They left everything hind. trict-Attorney's office, Parker and| tue last person out slammed the ¢ Hoch had not been found up to a late| cue first explosion occurred hour this afternoon, The indicted three professed to be interested in a new process of tanning leather invented by Hoch, “They sold stock, it 1s alleged, to the amount of arly $400,000, The Post-Office au- thorities got after them and they were indicted on charges of using the mails to defraud, The Government alleges that the process was @ myth, At pres- t the accused are out on ball, Owing to the crowded condition of the calendars of the United States Courts there is little possibility of the cases against Kaymond, Parker Hoch coming to trial for a year halt or two years. It 4s presume t the District Attorney was called into th case for this reason, Although the ost their wraps and ayed Injury they hand 1 hata. the explosions attending its origin and [everybody got our ately, "BUT ALL ESCAPE: Qne of then is Tessie Malloy, who was he Queen af Lic nival &t Coney island in 1910, when Meiville Sheppar the athlete, The fumes from the developing room of the picture plant temporarily knocked out th ee first ti n tol enter the building y returned to| Work after gulplag down some out fresh air, Deputy Ross, because the flimsy character of the buildings In the nelghtorhood turned in a second alarm. The fire was confined to the third anc fourth floor, but the rest of the bulld. ing was the soaked. Warning lof the fire was given the tenants by [i utd Circulation Books Open to. to All.’ 1 28 PAGES » STOKES CASE JURY OUT. His BURNING STEAMER GREAT SEA SIGHT FOR CRUISER'S MEN \Explosions Rend Chesapeake as Chester Passes—Crew of 29 Believed Rescued. BOSTON, Dec, 15.—The burning of the ndon tank steamer Chesapeake, New York for Algiers, In mid-ocean on Dec 10, and the provable rescue of the crew f twenty-n was reported here day by the scout cruiser Chester upon ver arrival from ‘Tripoli. Capt, Decker of the Chester hat last Sunday evening she sighted the Chesapeake abandoned. An 1 known bark was seen about the same ime nine miles distant, and the office of the concluded that the er of the burning tanker were on the Ing vessel stated wv Chest ‘The Chest ming along at Nigh speed hour after sunset when t horizon |came iMuminated, half an_ he J ater the cruiser came up to the Chesa- | peake. The » forward part of the teamer as far aft as the bridge was flames, and explos quent as the fire react Jtanks, ‘The steamer eee aaa ana iinvia ciation. eaatin | (ie opinion of the officers of the Ches she did not long remain water The steamer was in latitade 38.19 north and longitude 46,58 west, or mor than 150 miles south of the regular stein from New York to the \ th mer Chesap # owned by the A American Ol! Company. of London, subsidiary of the Standard O11 Company, and left hg Algiers account for the rumor, The nad und Venice on Bee. 1, idaded with oil lao immasen of an ine opted we eats Too and ia of 2.386 tonn net|SlMd and declared that the fle which ogiater Joccurred last night in @ tent clows to 5 . that of the King was of slight tm. Wed Cromm Seals. portance and Was of @ purely accie At the office of the Red Cross Christ- {dental nature. It was only when these may Seals to-day a letter containing |announcements Were made public that was received from Join D. Rocke: |the general excitement relaxed rdermg Red Cross Seals. Mr.) Ag far as it 18 possible to ascertain tchens, the sales manager, said this| ene totally unfounded rumor of the was the largest single order received. | aysassination of King George at Delhi | angie He auld that more that | |was dtarted by a local telegram sent |i aetired mail ordere have been received | to @ newspaper office late last nignt this year, inquiring if there was any truth in Se | $10 Men's O’Coats & Suits, $4.95 “MUB" Clothing Corner, Broad pr, Barclay St, opp. Post-OMice, | well ‘to: and Saturday the balance of their M ve ats and Winter its fine b nibet, blue stripes, bi grays and dark mixed worsteds, a jeizes, worth $10 In any other stor theiv special price to-day and Saturd, | only $4.95. Open Saturday night till16,%e® KING GEORGE WELL IN DELRI AS STORY CF MURDER SPREAD Excitement in London Quelled Doings Was Cabled. DELHI, Dec. 15, 12 Noon.—The King- Emperor and Queen-Empress to-day laid the first stone of the new capital of {India which, a# was proclaimed after the Durbar, 1¥ to be Delhi, There wa | brilliant assemblage of ruling princes, wovernors and state officia The foundation st tha fel one simply bore the Their Majesties both are enjoying splendid health in spite of the great fatigue they have undergone duriag the | lengthy ceremonies of the Durbar, LONDON, Dec. 1.—A vague rumor that King George had been assassinated at Delhi in India spread ike wildfire turouwh London early to-day. No: ndy 5 midday 4, simply announcing the carryin out of the royal programme and not menuoning any untoward Incident ‘Tae reports of tires in the Deiht Dupe bar camp had been #9 grossly exage kerated and the disaitoction Jbven brought so prom {notice in the news Britons are prepared for thing that might happen during sojourn of the King-lumperor in India Officials at the India Om could not report that the sender had heard of the assassination of the King, ‘The con- tents of the telegram spr among the employees at the post-office and eventually ame known throughout the city, wiere the rumor caused the greatest consternation. > @QR RACING SEE PAGE 2 Only When News of Durbar | Was re- to get hi He still spread a modificat mittee on be Court ne giways op tendance, PASSPORT AFFAIR Washington Hears of Tenta- tive Plan for a Modification WASHINGTON, Dec, 1 efforts of the State Department to pro- | Charged put on lin the Cri Barber and. m it Is an Absorbing Comparison. TO:M ORRO W. SEEKING A VERDICT ON GIRLS WHO SHOT Court Eliminates Attempted Murder Count, Leaving Charges of Two Degrees of Assault Alone to Be Determined. BUCKNER DENOUNCESSTOKES AS WELL AS DEFENDANTS. Character Despicablc:, but Not an Excuse for Attack, Prose- cutor. Declares. aint teererieen—— spe meena aw? Justice Marcus, in the Criminal Branch: of the "Supreme Court, late this afternoon charged the jury in the case of Lillian Graham and Ethel Conrad, markable summing up by Assistant District-Attorney Buckner, in which/he denounced Stokes as a “roue” and a “wily old man who knew better than tried for shooting W. E. D. Stokes, ‘The charge followed a re- imself into a breach of promise case, and in other unsparing terms, demanded that the girls be convicted, irrespective of the person they shot. AGREEMENT NEAR Justice Marcus eltminated all poset- bility of convicting the girls of at- tempted murder by w hdrawing that count from the indictment at the be- kinning of his charge. He told the Jury that the District-Attorney had eliminated this count by the manner: in which he had chosen to present tie: plea, In other words, there was no! Premeditation upon which to base an: attempted murder charge. b The Court restricted the jury to the! second and thfrd counts, which charge respectively, assault in the first degree, with intent to kill, and assault in the second degree, with intent to do bodily Injury. Justice Marcus laid great emphasis: upon the fact that the only thing the Jury was to decide was the question of Just defense,All the other Issues, he said, were important only as determim- ing the creditabllity of witnesses. . The jury retired at 4,13, we: While walling for the jury to return Miss Conrad gave way to tears for the: first time since the trial bega Graham shook violently with nervous THE RUSSIAN of Restrictions. A report t the Capitol to-day that the for Ameri- cure more liberal treatment jtemors and sobbed without cessation, can-Jewish citizens in Russia had re-' bat Miss Conrad merely erted quietly sulted in a tentative agreement for a into her handkerchief for a few moments Russlan restrictions | and th jon of the dried her eyes and sat staring knew where it first ; Hmong exciton ene Que bUE It erewtod) which might prove satisfactory solu-|fnto vacancy, Both girls wrre taken to siping ta vent in tne city anal of the vexed question, the Sheriff's office after the jury had ind. ‘as tent to the report by the|been in dettheration a few mihutes, This wa. only allayed when a was lent e i: hen @ dei Fthce tan ‘The jury sent for the exhib! from Delhi timed th spaten nbars of the Sen The jury sent for the exhibits and the n Foreign Relations suce documents in the case, fought off yesterday an effort to secure} But, by comparison, the denunciation immediate consider n in the Senate|f Stokes was nothing to the scathing of the House resolution abrogating the} !f. Buckner dealt to the two girl @p- treaty of 1882 with Russia, The mem. | (endants, T plot Was extortion, bers of the committee promised that a md simple, he sald method |report ongthe resolution would be forth easfully practiced by |coming by Monday » termed the °| After the Cabinet meeting to-day See- . A by turns + (AC) retary Knox denied that an agreement} and « wildcat? negotiations still were In progress, | Nabe Wak ta Gee rennet There are two defenses,” he eadd, SLAYERS’ DRIVER INDICTED, | ‘orterea to you, and one more for your consideration first defense Alleged Chauffeur of Robbers Taxt n; tho that hird Is 5 vokes ls & roue, and the f defense. wi Murder, | ffeur, Keating, a eh ar Ia considering the first defense you , rested early this Week charged with | 1 hember that you gave your words driving rin which the murderers |\o me, as the pevple's representative, » ot Adolph Stern escaped from Jacoby's| when you were accepted as jurymen, jewelry store at Sixth avenue and Thir- hat you would oe ese Women just as f they were men; “that you would be teenth atrest, was indicted to-day by the Grand Joy after Assistant Distrtot-At- | swayed by no seatiment of that sort, ltorney Nott had presented the cas | You are going to stick by your word, Jagainst him » Indictment charges | sten't you? You are going to keep your murder in the first degree as an ac-] romige to me and the State of New cessory York, 1 know it 1c Martin Garvey, under indiotment as| jus i 4, ORG Rona one of the principals in the erime, will} 8 for the second defense that hae neen offered to you by the other side; sow absurd it is as an argument for the acquittal of these wome: They vave blackened Stokes's character in‘, very possible way, in order to support ' the assumption that because he was @ trial before Justice minal Br xt week Mar “ | A]