The evening world. Newspaper, May 16, 1913, Page 1

?, | Reversal of Hyde's Sentence May Be the End of the Case TWO WBATHER—Showers to-night; Saturday probably fair. PRICE ONE EDITION. ; CENT. os a “ Cireulation Books Open to All.” | «by The Preee Publishing jew York World), # YOR M HYDE CONVICTION SET ASIDE “BY THE APPELLATE DIVISION; | MAY NEVE Justices Practically Unanimous in Upsetting Verdict Found in Lower Court. WVARIETY OF OPINIONS. Justice Laughlin Would Set Former City Chamberlain Free at Once. Former City Chamberlain Charles H. Hyde was granted a new triai by the Appellate Division of the Supreme Court to-day. While the decision re- vereing the lower court practically ts unanimous, it is tangled up by vary- ing opinions of the justices ap to dit- ferent aspects of the casa @ucticn Laughlin, in an opinion con- @urring in the revereal of the verdiet Gees farther than his associates. He ways he would not only reverse the verdict but order the discharge of the Gefendant and the exoneration of his bail. In other words he would dis- charge Hyde forthwith and not holt another trial. Justice Clarke wrote the prevailing cpinion in which Justices McLoughlin an@ Scott concur. McLoughlin wrote an opinion reversing the opinion of Justice Goff that a per- fon giving a bribe ts not an accom- plice of the person accepting a bribe. Justice McLoughlin holds that the giv- er in an accomplice. Justices Scott and Clarke concur in the!r opinion of the rtatute governing bribery of a public otal. . Justice Ingraham wrote an opinion concurring with his associates in their wdament that Hyde should have a new +fal, but sustaining the finding of the piry. In other words, he held that the ety acted correctly on the evidence end law laid before it, He holds that Joseph G Robin was not an accomplice of Hyde. Justice Lavgblin in the most radical pinion hold: that the evidence was not tufflclent to convict and says, in effect raat ft wowd be useless to hold an- - cher trial. CIVERGENCE OF OPINION ON IM- PORTANT POINTS. The opinion of the four Justives who put their thoughts into writing cover thirty typewritten pages, In the mat- ler of divergence of expression on points of importance the decision of the court is remarkable and of great interest to lawyers. The indictment against Hyde charged that he, for his own personal advan- tage, forced Joseph G. Kobin to loan $130,000 of the funds of. the Northern Bank to the Carnegie Trust Company. Hyde, in appreciation of Robin's it was charged, deposited city money in the Northern Bank. The bribery charge wes that Robin bribed Hyde to do an official act, to wit; the deposit or agreement to deposit city funds in the Northern Bank, and that the bribe or inducement to do this act as the loan made by the Northern k to the Carnegie Trust Company of $130,000, which loan is described as being “to the personal advantage of and @ benefit to Charles H. Hyde." ‘The Appellate Division agrees generally that Hyde was not brihed—or er that the evidence taken in the trial did not show he was bribed. On this point Justice Clarke says: “The People must show by proof upon the trial, es @ matter of fact, that the loan was in fact such an advantage to the appellant. In this the prosecution utterly failed, for the People were able to produce no evidence whatever that the defendant received, or was in a position to receive, any personal adv. tage from the loan from the Northern Bank to the Carnegie Trust Company ‘and no question was put to the jury as to whether or not he had received any uch personal advantage.” Hyde was friendly with William J, summing, who was the Chairman of the secutive Committee of the Board of Directors, and it was shown at the trial ‘that thia friendship continued, and that Gome weeks after the loan was made Seatinued on Last Pase) 4 In addition Justice | ~ GRAND JURY HUNTS $500,000 GRAFT IN TANICAB STANDS BE TRIED AGA Will Demand Books of Hotels and Restaurants to Find Who Got Money. FORMER CHAMBERLAIN GRANTED NEW TRIAL BY APPELLATS DIVISION. A CHARGE OF PERJURY. Witness Accused of False Swearing in Order to Hide Bribery and Graft. Information has reached the District- Attorney that certain hotel and restau- | rant proprietors and superintendents of | clubs contributed to a fund which was | used in holding up in the Aldermanic | apectal committee the taxicab reform | ordinances which were put forward by he | ‘The Evening World. N | ‘The fact appears to be that the hotel $2 and restaurant people, being the re- cpients of some $600,000 a year in money and free rides ad lb from the taxicab companies, were as anxious as those companies to continue the priv- ‘The Grand Jury will take up this phase of the question as soon as it gets through with the matter of bribes or favora paid or extended by the taxicab companies to city officials, The in- vestigation has now gathered in the hotel men and made them participants with the taxicab people in the long Policy of obstruction which delayed the taxicab reform bills in the Board of Aldermen, TAX! PATRONS FLEECED TO PAY FOR PRIVATE STANDS . No doubt exists about the interest of the hotel and restaurant owners in the perpetuation of the private stand abuse. For the use of the public streets in front of their premises by taxicabs they were paid $500,000 a year or more. This money was taken out of the pockets of taxicab patrons. ‘Thus far payments of money to ! BROTHERS TOAD BROTHER CUT OF W FATHERS WIL Millionaire Pirie Left Only $1,000 of $12,000,000 To Son Allan, uals, ‘To that end it ts probable that books and records will be demanded and that hotel and restaurant proprietors and others controlling private cabstand privileges will be eummoned before the Grand Jury next week. Here are a few of the amounts paid as rentals by taxiceb companies to hotels for private stand rights: Hotel Imperial Holland House Waldorf-Astoria Astor Hotel . Astor House Knickerbocker Hotel Bherry's ... Union Clud . (Spectal to The Eventog World.) HEMPSTEAD, L, 1, May 16—By the will of John T. Pirte, one of the pioneer fs hants of Chicago, Ill, who has resided on Long Island since his retire- ment from business, an estate estimated to be worth about $12,000,000 is ‘be- queathed to his widow, Sarah Pirle, and his sons and daughters. -All receive handsome sums with the exception of Allen H. Pirle, cross-country rider and polo player, who for some yeare has taken an active part in the amateur races held among the different colonies on the north shore of Nassau county. Allen Pirte receives but $1,000 of his father's estate, which consists largely of stocks and real estate in Chicago and Long Island. John T. Gordon and Gamuel C Pirle are the executors Just what caused the breach which resulted in the disinheritance of Allen Pirie, the family refuses to state, Allen H. Pirle, who ts practically dis inherited by his father, has been much in the public He was married to an Evanston, Il, girl in 1902, and in the following year was charged by his wife with cruelty. She said that while out riding in Florida he kicked her horse, causing the animal to run y with her, and she barely escaped with her Ufe, Numerous complaints followed this charge. On three different occasions the couple separated and were recon- ciled except on the Jast occasion. Mrs. Pirle claimed he deat her each time and acted toward her with flendish bru- tality. She secured a separation from him in 1909, securing alimony of $200 a month. In December, 1901, she had him arrested for cruelty and abandonment and for two weeks he remained in jail, unable to get bail. Feb. 17 of this year ; the wife secured an absolute divorce, with the custody of thelr child, Hasel- | Une, and alimony of &300 a month, | CHICAGO, May 16—John T. Pirle Jr. hat If his brother Allen Scores of other hotels and restaurants were paid in proportion. Clubs, rail- roads, theatres also demanded and were paid for the privilege of monopolising public streets, WITNESSES EXAMINED ON A CHARGE OF PERJURY Only two witnesses were heard to- day in the protracted session of the Supreme Court Grand Jury which ‘s igating the charge that und ces held up for a yea: action on popularly-demanded low- er taxicab ordinance. They were Harry R. Swarts, vice-president and active head of the Yellow Taxicab Company, and J. P, Holdsworth, eec- retary and general manager of the cor- poration, These two officials were examined for ree en, at It was reported they were questioned length regarding certain transactions which figured in the testimony of a former witness, and that their testi- mony, corroborated by documents, was suMcient to cause the bellef that per- Jury had been committed by this other witness and an Indictinent is expected At the conclusion of thelr examina- tion Mr. Holdsworth was excused, white Mir, Swarts was asked to return Mon- (Coutigved on Becond Vago) sald to-day had been discriminated against in the | win of his father, his brothers and sla: | rt would see that he got hie fair share, Mr, Pirle sald he knew of no reason for tion against Alien. LONE HERO SAVES. | ~ BABES AS THES ~-SIEFURNTURE Store!:ccper Smashes Door and| Fights His Way to Burn- ing Crib. LOSES HIS EYEBROWS. One Youngster Gets Its Hair Singed Before the Res- cuer Arrives. Barney Pearlman, who keeps a little store at No, 30 Bast One Hundred and ‘Twenty-first street, is one of those men who in the whirl of events of a great city find sudden opportunities for quiet heorfsm and rise to them without hesl- tation. To-day he saved the lives of two children in thelr home at No. &4 East One Hundred and Twenty-first street. Mrs. Benjamin Bastretcher, who ta the mother of Adie, aged two and a half, and Jacob not quite s year old, left the children in the bedroom early to- day while ahe went to do Her market ing. Ghe locked the door of the flat, which is on the first floor of the six- story tenement wherein twenty-one familics dwell, Pearlman, out in the small yard behind his store next door to the big tenement house, eaw a plume of amoke curl out from the half-opened window of the kitchen in the Estreicher apart- ment. He ran through the hall of the tenement and pounded on the door of the Estreicher flat. No answer camo and the door would not yield to his | shoulder, He heard the thin voices of | children crying. Nelghbors, hearing the pounding on the locked door and Pearlman's cries, | ran out and helped him to batter down the door. When the heavy panel finally! anq ii crashed inward a hot breath beat upon | their faces, and through the murk the) people on the threshold could see the dull red glow of smoke, flame iilu-' mined. Pearlman started down th hallway, but @ broad sheaf of flam stabbed at him from the door to the living room and he jumped back. } He called for a blanket. One was. forthcoming from the bed of a ni bor. Pearlman soused this under @ REVOLVER BATTLES IN JERSEY STRIKES i a [ “ Circulation Books Ope to Au.” | K, FRIDAY, MAY 16, LAWYER ON TRIAL ACCUSED IN BRIBERY PLOT TO FREE THAW. JOHN N, ANHUT Orme wve.co.duxwome > FIRE CHIEF'S AUTO KILLS RICH WIDOW: MOB FIGHTS POLICE aaa Mrs, Campbell Is Run Down and Crowd Battles to Reach Scene. Mra. Joxeph H. Campbell, seventy years old. » wealthy widow, living at the H. elsea, was knocked down lo-day, by Battalion Chief O'Hara's fire department auto, at Fiftys seventh stroet and Eighth avenue. Campbell was crossing the to, coming south Burni catching where she landed against the curb, h- | She struck head first, The auto was backed to whe head and rushed into the glowing| tempted to help the unconscious wo- emoke billows, Those who had not the| man. courage of him started madly to move thelr own household treasures and lit-|to the Polyclinic Hospital, which was/ 9; tle ones into the street, Pearlman was gone several minutes.| ambulance was coming, At last those who etill lingered by the] 1,000 curlou: int saw althe body, sbape against the flame, wavering andj chi straddling down the hall toward them. | injur' The figure stumbled into the hall and Was all burned off. Pearlman's hands ‘brows were gone, He had waded through fire to the crib the children lay and the flames were already licking at the soft blankets that covered them when he appeared. ‘The firemen subdued th jase before it had spread through other apartments. | —-—____ SENATE VOTES DOWN PUBLIC TARIFF HEARINGS Ramsdell and Thornton, Democrats, Vote With Republicans Against Party Men. WASHINGTON, May 16.—By @ vote of 36 to 41 the Senate this afternann re- jected the Penrose and LaFollette amendments designed to force public hearings by the Senate Finance Com- mittee on the Wilson-Underwood tariff bill, Senator Poindexter, the Washington Progressive, voted with the Democrats against the motion, and Senators Rans- deil and Thornton of Louisiana voted against their party. With these excep- tions, the vote was along strict party ines. es ; . $12Men’s Blue Serge Suits, $5.95 Tho “MUB" Clothing Corner, Broad- way, cor, Barclay 8, on) worth Building, will Saturday 2,000 Men's fast color guaranteed; and Cheviots, in pencil new Wool- I to-day and ¢ Serge Suite, out from beneath @ scorched blanket|ing. He gave his name as Lou rolled the two babies, unhurt save that|Cord and said he was a salesman at/Gov. Sulzer to investiagte the Thaw the fuzz on the head of the littlest one| No. 1379 Broadway, | CHICAGO. | Drowns, black end mixtures, ait to 44; worth $13 in any other storo: our eclal price to-day and Saturday, ‘ssiurday evening tll ie—adee Patrolman Kingston sent in @ call While the @ crowd of ersons jammed around police for a to see the woman's terrible answered by Dr. Runyon. One mi Mrs, Campbell died twenty minutes were swelling with blisters and hie eye-| after reaching the hospital. —_————=_—_ Baseball Games To-Day NATIONAL LEAGUE. AT NEW YORK. PITTSBURGH— 100000 GIANTS— 320110 AT BROOKLYN. ST. LOvIS— $0000 BROOKLYN— o21 PHILADELPHIA— 3000115 eae AMERICAN LEAGUE. AT CHICAGO. NEW YORK ood - 1 FOR BASEBALL AND RACING eae ate AQES 22 AND 22, 1913. \e direct water faucet, wrapped it about hie|lay and Battalton Chief O'Hare at-|crece examination was bi WEATHER—Showers to-nl FI EDITION. PRICE ONE CENT. RUSSELLSWEARS VAVAIVIITEDC Py mE, YNAMITERS BLOW UP ca HOME OF SILK WORKER, MENACING NE LES. Cottage Wrecked While Paterson Strikebreaker, Wife and Seven Chil dren Sleep—Rioters Answer Police ° Shots With Bullets and Missiles. * FIVE DEPUTIES WOUNDED IN MOUNT HOPE BATTLE men Join 300 Miners in Desper- ate Gun Fight With Guards— Sheriff Demands Troops. ‘Bwe revelver battles were fought to-day by striking mobo fo New Jersey. One, in Paterson, was in resistance to police offerte to i Prevent the storming 6f o silk mill by a mob of 800 to got at strike: : breakers. Earlier the heme of a Paterson strikebreaker tn the ham- : let of Saddle Biver was dynamited and he, his wife and seven chil> dren narrowly escaped being blown to atoms as they slept, The second battle was a force engagement between 800 stril> fag miners at Mount Hope an Ike mumber of deputy sheriffs, Five of the latter were wounded. The strikers dragged their wound» ed away in retreating. ‘ 28 PAGES | Hoffman Says on Stand He) Carried Stocks and Money to Accused Lawyer. DOCTOR IS FLUSTERED. Admits He Once Swore He Couldn’t Remember Lawyer Who Offered Money. | Evidence Thaw's confirmatory of Harry jement on the stand yester- day ve was willing to pay a bribe of & " addition to 968,000 previous. ly expended to get out of Matteawan Insane Asylum was given in the trial of Lawyer John Nicholas Anhut to-day.| YAO Justice Seabury announced that bi would close the trial to-day and that he would order a night session if neo- essary. Assistant District-Attorney De Ford jeated the prosesution with his cem- Dletion of the redirest examination of Dr. Russell ot 8 c/elnck, and etter Jus tice Seabury had dented the usual mer ton to diemise the indictment Anhut's Counsel began nis opening address. Anhut is wed with trying to bribe Dr. John W. Russell, the former medical superintendent of Matteawan Asylum to tura Thew out, Thaw o1 cross-examination yesterday said Dr, Russell asked him for money long be fore Anhut made his $36,000 proposi- tion. The firat witness to-day was Horace A. Hoffman of Red Hook, Thaw's con- fidential WOMEN IN GUN FIGHT OF 300 MINE STRIKERS AGAINST 300 DEPUTIES. WHARTON, N. J., May 16.—Rioting and wild disorder prevailed to-day in the Mount Hope region, where 200 etrik- ing miners encountered an equal num- ber of deputies and engaged them in « revolver battle, ending in the wounding of five deputies, one seriously, and the clubbing into unconsciousness of many otrikers, Since daylight the battle has waged with extreme ferocity, women helping to attack the guards who were brought from Newark to protect the Empire and Mount Hope mines, ufter Sheriff Gi! ‘s frantic appeal last night to Gov| Fielder to call out the militla. The Sheriff to- day declared the situation has gone far beyond his control, Dynamite stolen from the Moust Hope works Is in the bande of the strikers, who tore up a aaitle of company railroad track yester- day and blew a train to ecrap after de railing it into @ ditch, LAUGH AT THREAT TO ‘ROW HOMES FOR DYNAMI The Sheriff announced that he would search the homes of all striking miners for dynamite, The strikers laughed when they heard the threat. “Let him try,” they boasted. “He'll heve his hands full.” When the trouble had subsided eome- what, 100 of the sheriff's 150 deputies re- turned to Morristown, but they will be back to-night, and serious troub! expected if Sheriff Gillen ettwmpts to @earch the miners’ bume. Fifty depu- thes were left tm town anf the village ‘was put in charge of tne sheriff, though Onief of Police MoDonald who, with one man, composes the whole local force, was authorised by the Borongh Council to ewear in twenty-six police- men. With this force, he declares, he could handle the situation, The sheriff refused to withdraw, however. The deputies say that two Charles Ables and George Dillingham, were killed in the revolver battle, but the miners say this is untrue At any rate, four deputies and five miners are in All Souls’ Hospital, Morristown, and ten prisoners wi taken there. ‘The Mount Hope Rallroad, where the strikers dynamited @ train yesterday, is closed and the Luxemburg Hoad is under guard to prevent miners reach- ing the mine where atrike breakors are lodged to-day is so completely in Thaw's confidence that he carries Thaw's funds in account in his wn name in Fishkill. The confidential agent eald that at Thaw'a request he took from Mattea- wan to No. 6 Wall street and handed over to Anhut $20,000 worth of bonds and $5,000 in cash. He understood that this was @ payment to Anhut for the purpose of getting Thaw out of the asylum, ry Dr. John W. Russell, former medical Superintendent of Matteawan Asylum, followed Hoffman on the etand. His STRIKEBREAKER’S HO, ‘ NEAR PATERSON BLOWN ; TO BITS BY DYNAMITE. — ‘The dreaded violence which Paterson, N. J., feared would follow the convic- tion of Patrick Quinlan, @ leader of the Industriel! Workers of the Wertd, of meeting Anhut twice in cash and $10,000 might be out of a DOCTOR PLEADS IT i8 DUE TO BAD MEMORY. On cross-examination Dr. Russell w: considerably flustered. Lawyer Palmer, for the defense, had before him « trau- The dynamiting of Hudding’s hem: threw the little hamlet of Saddle River into terror, The concussion shesk houses all around and practically atroyed the two-story frame Ge which Hudding lived. He and bis wite ‘and seven children were out c! thelr beds and rushed mo the venoway to find their neighbors congregatiny: there, terrified by the noise which had roused them from sleep and the esn- cussion which shook thelr homes as if ‘by and earthquake, PRONT OF HUDDING’S & commission named by scandal. The transcript showed that Dr, Ruesell testified only three months ago that he could not recall the name of the lawyer who had offered bim the 620,000 bribe or even describe him. Mr. Paimer Pinned the doctor down on this point. Dr. Russell admitted that during the month of August he met Anhut twenty or more tim White Plains, motored with him, ate with him, played cards with him and talked with him for houra He jo admitted that he came to New York purposely to eee Anhut on the occasions when he al- ley he was bribed. ‘Then,” said Mr. Palmer, “when you testified before the commission that you didn't know Anhut'’s name or couldn't describe him that was not true ‘I see now it was not @ true state said the doctor, “but {t was not made as a falsehood. I have @ bad memory." DENIED HE WAS SEEKING ma VOR FROM THAW. “It 1s," snapped Russell, “But you knew that Mr, Jerome was trying to keep Thaw in Matteawan ""¥es, but he told me to say that,’ “Isn't tt a fact that the first time you came to this city nothing was said to you about money, but that you wanted money when you heard that Anhut had da retuiner from Thaw?" Three members of Gov. Sulaer’s com- mission of inquiry—Highways Comm sioner John M. Vartisle, John H, De- laney, head of the Bureau of Efficiency, had seen or heard travellers, The riot in front of the Dougherty & Wadeworth mill came In the revolver battle re beg