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FIN EDITION. _PRIOE ONE © The « Circulation Books Open to All. ENT. Some Uke Wes i NEW YORK, f IT 10 JUSTICE GERARD — Governor Tells Commissioner Hand to Drop Investigation of 30-Year Sentence. WHITMAN STILL BUSY.! Court Withholds Signature to| Writ While Carmody Urges Governor to Pardon. The game of “passing the buck” 1n the Brandt case proceeded merrily to-day. Justice Gerard, having been handed by Gov. Dix the responsibil- {ty for deciding the tuture of Brandt gracefully passed said responsibility back to Gov. Dix and in this he was alded by Attorney-General Carmody and District-Attorney Whitman. But the Governor refused to accept the deal. Through his special commissioner, Judge Richard L. Hand, he announced that he considered the case out of his juriediction and criticised Justice Gerard for taking advantage of a technicality. It ts quite apparent that Gov. be pleased to be rid of the Brandt mat- ter, “I have nothing to add to my state ment of last night," said Gov. Dix to- day. “I will say nothing further for the present. My position 14 that the decision of Justice Gerard renders me Powerless to act until that «ectsion is wet aside.” Replying to the statement of Brand:'s counsel that their client did not make @ personal application for clemency, the Governor said: ‘The application was made directly in behalf of Brandt. The record showing the process will be made public if necessary.” On the part of the Attorney-General nd the District-Attorney there appears to exist the fear that Justice Gerar decision upholding the habeas corpus writ in the Brandt matter may be re- versed by the Appellate Division, ‘They will confer to-day with Justice Gerard on that point and also on a plan to re- fuse to appeal the decision CARMODY URGES GOVERNOR TO PARDON. ‘This might suit Gov. Dix, but it would ‘not euit other interests in the case and the Governor would be asked to des!z- nate @ special Deputy Attorney-Gener: to make the appeal. In order to avoid guch @ contingency the Attorney-Gen- eral and the District-Attorney and Jus- tice Gerard are secking to persuade the Governor to pardon Brandt. Justice Gerard takes the position that inasmuch as his decision, handed down on Wednesday, has not yet been entered, Brandt remains a convict and a subject for action on the part of the Governor. The decision was to have been entered to-day, but Justice Ger- ard will withokl action until next week, unless counsel for Brandt Insist that the habeas corpus proceeding be Alapoed of forthwith. Justice Gerard in put the Brandt case aquarely up to Gov, Dix this morn- Ing by announcing on his arrival at the (Continued on & “GIRL IN TIGHTS” MUST SKIMP ON, ON $6,000 YEAR. Stingy Judge Refuses to Increase Mrs, Wheeler's Alimony to $10,000 pond Pag. but Won't Reduce It, Either, Mre. Claudia Carietedt Wheeler, known in her actregs days as “the pretty ¥ sri tn 4 tights,” order for resisted lar hove him. Me wantet tie amount alimony redu ‘ eased dustice Newburger, in his decision, pointed out the fact that When Whee ey were living in 1 had a coun: in eft his wife, ship in r these lowing the alimony it was, mayeral h ag his reasons {or orfer to remain a: 4 li ins TBARS RNS PSO oF oS Dix would GIRL CLERK FALLS FROM 16THFLOOR OF SKYSCRAPER Plunges Down Elevator Shaft in Importers and Traders’ Building. Jean Backhein, @ stenographer, twen- three years old, of No, 219 Audubon avenue, was inetantly killed this after- noon by a fall from the sixteenth floor down the elevator shaft of the Import- ers and Traders’ Building at No. 6&9 Pearl atreet. The girl fell in » shaft in which the elevator was standing at the ground floor and landed on the root of the car. Coroner Winterbottom ordered the arrest this afternoon of William G. Pigueron, owner of the building, on a jcharge of criminal negligence, and paroled*'him until to-morrow. The Coroner found the door of the elevator shaft on the sixteenth floor defective, in that it bounded open after it was slammed shut by the operator. Other doors were found similarly defective, GIRL VICTIM ONE OF EIGHT CHILDREN. Miss Sackhein, one of a family of eight children, was employed by Gio- vanni Ciricone, @ lemon importer, with an office on the sixteenth floor, Her friends knew she had a brother, Ben- Jamin, employed in the Post-OfMfice, and} he was notified of the accident, and took | charge of the body. | Shortly after Mr. Sackhein reached the building and while the lower corr!- dors were crowded with excited ten- ants, Superintendent Cornell eet up the| theory that the girl had committed eul- cide, He announced his bellef that she deliberately opened tho door at the six- teenth floor and threw hertelt into the} shaft, ‘Dhls brought out a storm of fnasaset| protest from the tenants and thelr em- | Ployees. lt was recalled that just before Christ- | mas last year one of the elevators in| the building fell to the cellar from the ninth floor with elght passengers, Near- ly all of them had their legs broken and | two died as a result of thelr injurtes, | Thore was another elevator accident previous to that, and the tenants say the elevator doors are hard to close and are frequently left partially or wholly opon by the elevator operators, TENANTS TELL OF DOORS OFTEN LEFT OPEN. The most indignant opponent of Superintendent Cornell's suicide theory | was Alice Feinman, a stenographer for | the Pan-American Trading Compa: which has offices on the fourth floor. | Jean," sald Miss Fetnman, “always | called for me promptly about a minute | before noon, It was her custom to ride down to the fourth floor from the six. | teenth and join me, and we would go out together. | "Today she did not appear on time. |I waited for her and I had just re- marked that she would be scolded for b late when I heard @ plercing| scream and then a crash, It was poor jJean falling down the elevator shaft." Persons who saw the girl falling past | » various floors say she had her arms} apped around the elevator cables. Her ands, arms and breast were torn and| rned by the friction from the desper: | she had on the wires as she tragic death of the young girl, to be married, com- pletely ized business in the |building for the afternoon, Some of the stenographers employed in offices affected that thelr employers | pent thers home es | WOMEN’S VOTE WILL WIN | CALIFORNIA FOR TAFT. WASHINGTON, Feb, 2—TMat Call- a will be for Taft's renomination the declaration of ex-Represent- |ative Englebright at the White House |torday. He said the women would all vote for Tatt, v who was eng 1% smmienstiieennene |BELMONT AND FAMILY \on their hands or arms and tus become NOMAD ME pk MURDER FOLLOWED, GETS 13 MONTHS Judge Foster Sends Man Con- victed in Yiddish Camorra Case to Reformatory. GIVES HIS FAMILY $25. Victim of Crime Refused to Give Up $500 and Was Shot on Day of Trial. Police Commissioner Waldo may in- clue in his next annual report the fol- lowing case of justice tempered with merey: THE CRIME—Charles Vitusky, of No. 812 Henry street, a member of the or- ganization of horse potsoners and stable burners called the Yiddish Camorta, was convicted in the Court of General Sessions of attempting to extort $00 trom Louls Blumenthal, @ hore dealer of No. 202 Henry atreet. The evidence showed that Blumenthal, after he had refused Vitusky's demand, was threatened with death. A bomb, loaded with slugs, natis and bilts of tron, was exploded in the hallway of the tene- ment in which he lived on Dec, 11, 1911, wrecking the first floor. Threats against his iife reached bin so persistently that his wife left him and went to live with her own people. He had Vitusky arrested and testified inst him in the police court. On cho morning of Jan. 90, 1912, on which dato Vitusky was to be tried, Blumentha was shot to death in @ livery stable near his home. The murderer escaped, Vitusky was out on bail. THE PUNISHMENT—3udge Foster to-day sentenced Vitusky to the El- mira Reformatory and gave the proba- tion officer of the court $25 for the ris. | oner's family, The officer had reporrcd Vitusky's wife and three children in want. Vitusky may be released at tes aa piration of tliirteen months | mendation of the Parole Board, ALL GIVEN COURSE OF PASTEUR TREATMENT. Son of Financier, Fearing Rabies From Playful Dog, Takes Preventive Steps. As a precaution against rables, which ‘was prevalent in Badylon, L. 1, August Belmont jr. and his family, it became known to-day, took the Pasteur tre: ment just before leaving for their re- cent visit to the estate of Mr. Belmont's father in South Carolina, The treatment lasted nineteen days, and the entire family, consisting of Mr. and Mrs, Belmont and thelr children— August, six; Bessie, three, and Alice, eighteen months old—were subjected to it as thelr parents were afraid to take any chances, Mr. Belmont's apprehension was in- creased by the fact that his children} had a small terrier which acted so0| strangely that a veterinary was called in to destroy it. The dog's condition Was such that Mr, Belmont feared that while playing with the animal some of the children might have had scratches | infected. It had been the intention of the Bel- monte to start South Jan. 25, but the treatment delayed thelr departure until Feb, 12, nimi GEE, WHAT A THIRST! NAT GOODWIN SUED FOR BOOZE Nat Goodwin, comedian and many. time husband, is being sued in the City Court for @ liquor bill, said to have been contracted when the impressionable Na. thanlel was in the Uiroes of his romantic wedlock with the beautiful Edna Good- rich, There was nott ing small about Nat. | Indeed, according to the complaint of George A. F “oy of Liverpool, who | aro suing r, Nat ordered $750 | worth of Wet goods shipped to his Call- fornia bungalow. He paid $100 on ac- | count, and the liquor dealers now de mand the balance, with interest Harrison Clark, coungel for Poggl & Co., said today that one of the items gold Mr. Goodwin was a hogshead of | Scotch whiskey. Through his lawyers the comedian has secured an order of the Court requiring Poggi & Co. to tile @ bond to cover the ‘costs of the action in case the @!* is unsuccessful, GOVERNOR TRES TO DODGE SEALOWIR, | BRANDT CASE BY PASSIN ‘The investigation that Assistant Dis- trict-Attorney De Ford has been con- ducting before Magistrate Murphy tnto the high price of butter and eggs way halted late this afternoon by an order issued by Justice Davis of the Supreme FRIDAY, FEBRUARY 23, BUTTER AND EGES MEN TRY 10 STOP FOOD COST PROBE Get a Witt of F of Prohibition Against One Magistrate Murphy Is Conducting. ph 1912. 20 PAGES ONE CENT. JUNGLE DEMO@RAeY. BWANO TUMBO, We've «RUAD THINGS YOUR WAY FOR CENTURIES:! nolds, who Detective missed by “defective. eyesight,” glar in his home at this aftern Bureau Former Poltce Capt. was head of the when Commissione he D James G. Rey- Brooklyn was die Bingham for ptured a bur- 171 Garfield EX-POLICE CAPTAIN. ICHALONER WIRES CATCHES BURGLAR FOUND IN HIS HOME James G. Reynolds, Retired by Bingham, Repeats Cap- ture After Man Escapes. “TT COSTS AGH” TO BE “LOONEY” Calls Dismissal of Suit an Out- rage and Orders Counsel to Appeal. In accordance with the ruling which he made on Wednesday tn the litigation instituted by John Armstrong Chaloner against Tho! mittee of estate, to recover $250,000 for alleged conversion, Judge Holt, his com- as J. Sherman, aitting in the United States District Court, to- THREAT TO “GET EVEN” MADE BY GIRL BEFORE BABES WERE POONED Young Mother Employed in Stricken | Nursery Was Heard Telling Baby “Then I'll Give You a Dose and Take One Myself.” ALIENISTS TEST SANITY; | HOLD HER AT HOSPITAL. Eight Are Now Dead in Brooklyn Home, One Dying, and Three III From Acid in Milk. Dr. W. H. Aten of No, 100 Greene avenue, Brooklyn, an alienist, was summoned to-day to the Brooklyn Nursery and Infants’ Hospital ‘at No. 404 Herkimer street, where eight babies have died since Sunday, apparently from poison, to examine Winifred Ankers, a maid of all work in the place. The -girl is-herself the mother of a nine-month-old! baby the strange visitations of the last few days. One more baby is dying and three are very ill, Dr. Aten was engaged by the hospital authorities, who feel that In- asmuch as the police have not yet found grounds for making a direct ac- cusation of murder, it is well to have it established whether or not Miss Ankers is insane, so that, if advisable, she may be sent to Kings County Hospital for examination as to her sanity and be committed for her own protection and that of the community. ————_—__ EY ROOSEVELT KEEPS CANNED HS REPLY TO THE BOOMERS Not a Word Till He Pries Lid Off Answer to “Great Public’s Demand.” Miss Ankers, under instructions trem. the head nurse, Miss Louise Howard, bought on Feb. 15 a quantity of oxalic acid. Her own memory as to the date e the purchase seems to be at fault, ' to the police and to Dr. H. C. Allen, oe Physician in charge of the hea pital this month, she insists she bought it “three weeks not two days before the babies began to ai Part of the purchased acid was given to Miss Howard. Of that portion none has been used. Part was retained by Miss Ankers for use In her cleaning work. Nearly all this 19 gone, ‘Phe Birl says she used it In sterilizing the operating table, which she @d actually clean early in the week. The Ankers girl had access te @ closet in which were racks where food Gr the babies was ark y n, The captain, wio ‘Each of the thirty babies in the Ree ‘The order commands Mr, De Ford and |'*_“tty-nine rs old, further demon-| day directed the Jury to bring in @ ver- pital had an individual formule, @o- ‘ us strated his vir by recapturing the |dict for the defendant, This was done. cording to which the lime water, sugar pal gl Re to show cause of burglar after an escape Upon tearning that the suit had been| Not @ word would Col, Roosevelt ay] cr mik and milk were mized. Bottles ana corte taied co ten 4 ing up from the basement dining- | diwmissed by Judge Holt, Chaloner sent] @bout politica to-day—not a word. He feeding of the day PeneatlGh ea the cron ha tat ie ig | teem acter laneh Mr Ri f0Ub4 | thie telonrams-to hie counsel) smiled and smiled and wished everybody | were filled each morning and vet eaide ileal hat tt $slthe front door open. Me 1 down “Delighted. Appeal is neces- | ™4ny happy returns of the day and sald|in the racks until used. ft to his wife and daught dd anked ipa The writ was obtained by Franklin] trem if they had tute te ost Mtket| gary, ‘Fhe greater the delay the |e felt bully und anticipated bully | THINKS POISON PUT IN BOTTLES Taylor, counsel for the Mercantile 1 ; ‘ r Greater the cost, the greater the | time in Boston, but he wouldn't say @ IN CLO change an organization of bu had not up through the + wens kant polities egg men, Mr. Taylor contends and haa} "ue second floor he encoun outrage the greater the object As a matter of fact, the Colonel har Dr, Allen believes poison was put tine: contending since the atart of ine | sen xe nan coming out of th lesson to the public concerning [144 something to say, but has pu: !nto the bottles while they were ia investigation that it 1s an ex p. room of his son need of reforming lunacy legisla- |i: on paper and it 1s under cover, It fs tt» racks, He has learned that the ceeding in the nature of a fishing Where can I find Mrs Elliott?” sald) tion, Z have been a martyr so long | in the shape of a the Western lst baby to be taken ill with polson- perition {n that no defendants are | ‘%e younk nan ; to ignorant Judges and unjust | Governors who met in Chicago a cou ne symptoms had ot y two swallows named, : wht t ie way nald the former | saws that Zam getting used to it, | of weeks axo and adopted resolutions ot its { ding, | This Was because the At the hearing before Magistrate Mur | VOUCCMmAM pointing down the stairs) agguge any brilliant and learned i him to accept the nomination | Hurse noticed that the je was full ohy this afternoon Frank Henry, | 48 the young man ca down fey ident 0 its whole capacity of elght ounces, +] nota bhed him by the counsel of my commendation on lta feemula en ter aa muperintendent of the Mercantile Ex: |"°!d8 Bravbed him by the colla auahtee (Gala Thasmuch as many persons know what ula called for only change, eaid the majority of the mem- t on the @treet the prisoner took their co! oto! e cas the Colone! !s going to say to the Gov- po es. bens of the exciange, whose names ap- antage 0 ‘at pavement Judge Holt held that the lunacy pro-lernors in his reply, tt is no violation The nurse took the bottle away pear in the enrollment book for the cal- Mr. yno 1 ran, Helccedings in the State Supreme Court,|of confidence to atate that the Colone| | from the infant to pour off five ounees. endar year, were engaged in the butter] *%% around the of Sixth ave ned of as b part of a con-|!s not golng to come right out and say| When #he returned the baby was al- and egg trade, nue when Reynol & himself to deprive Chaloner of his lib-|he le a candidate, On the contrary, he| ready violently 1 It was the twelfth “More than one-half, or avout 295/4P SaW~In spite his “detective | ery and his property, were perteotly |!# going to say that he fs not a candi} of the Aftesn babies in the Bureery members, of the exchan » om.) tight”—Policeman Salvator Santor : dato for the renomination, ward to be taken sick, ‘The babies im manera, hee are em- sular, and that the « way for the 5 ave’ AIDC Raa ployed in handling butter, cheese and| ¥!° ¥ a ter Re here : ? 4 BUT the nursery aro all healthy tnfagte, eRe: said Mr, Markley, ‘but thero| 20!ds, rounding t ynolde | Diaintte to recover his estate was to asl If the great Amertean people want| put there by parents who cannot, for are many persons engaged in the hua-| Manailel Santorr Lo. {the State Court to set aside the order) yi, trey can have him, That ‘s the| various reasons, care for them, dness who are not members of the ex-|'” t ue. T Ad passed | committing ‘him to Bloomingdale Asy 4{ the Colonel's reply, or else many | After detectives had questioned Milas change, only the !mportant wholesale] = %"t who wa and also to ask for the dischange of “s have been misinformed, | Ankers for nearly four hours yester- dealers are members, form at a wal his committeo of estate |The \» Governors will be made |day afternoon without gaining the d rounded the corn aloner, who, on hearing of | PY "Monday ving slightest informat on as to any knowl Swift & Co, and Schwarzschild & ; ring o: Kor . “ od cat t pli patie Phe Colonel had oue of the times of edge she might have of the potsoning, Sulzberger were two big fr ded ) ‘Nanler's marriuge to th hat De, Ate ik by Mr. Henry ag being not mem 5 vt t the fi a W s 4 this afternoon, He a f | they asked Dr fn 0 talk to her —_--~-_:=—s lo 1 Re ‘Aida Tacit 86 nove of the ing Australia League | later in the evening, Meanwhile @he antoro W t rnd made a suort speech to them, Atl| was kept under close wateh, MAYOR COMING HOME », 276 Fifth avenue — din Moving ple Zt had been repo-ted that recent : Mr. Reynoldy statiovd 3% vatt ev. ren: tage of the proceeds | ly ® nurse heart her say, while Returns To-morrow from Atlantie | aQit asl wont the | hae wi enienatie (i out of focus, | Wendiag over har own chtlét City and WIL Visit Office, 1m a narrow jot apper story | fan Mork 4 to estan the Will start for Howton] “Don't ory, darling. Zt wilh be of the ap er 1 root Fee morrow to attend a meeting of the v uare with Mayor Gaynor {s to return from At. ‘4 ° dinner tn ind Qvereoers, “He will cot. Tetum | Saar tmanat caus neg eee Ma lantic City to-mforrow. He will probably ¢ ing, He hay tentatively are til next Wednew | a appear at his office in the City Hall anged to go from New York to Atlantic | give you ¢ dose i sae one mye He desires, in coming back to the city sunday and Monday, returning here Gate | ane ad we will have no mere in advance of his set date, Monday Puede “SPARERIBS AND GRAVY.” j es next, to take up several municipal ——_— laren ty. Serles, by George Mc-| Siner the birth of her baby the Ankers situations. World Bullding Turkish Baths, Manus, author of the Newlyweds, now! sit! has shown a sulky dis ‘The Mayor will attend the Amen Cov aye open, Bath with nrivate ra appearin he Sunday World's toward nurses and the physicians @f f i manicure Chizopodiat in at:| Funny Side, If you want some one to yoypital, She fel: herself ner dinner to-morrow night, 08 Park Row, *e* make you laugh, "Let George Do It." J which is in the hospital, but is not among those who have suffered from!