The evening world. Newspaper, March 13, 1915, Page 1

to —— FINAL NOWN 7 DE ‘The | Cironlation Books Open to All’! PRICE ONE CENT. Comme (The Her New York World). ‘The Press Publishing NEW YORK, SATURDAY, MARCH 13, THAW ACQUITTED, GOES TO TOMBS; -WILL FIGHT RETURN TO MATTEAWA 1915. VON BERNSTORFF DEFENDS SINKING OF AMERICAN SHIP BY GERMAN RAIDER EITEL Kaiser’s Ambassador Upsets Reports That the BerlinGovernment Would ‘Disavow the Acts of Capt. Thie- richens and Make Reparation. WASHINGTON, March 13.—Count von Bernstorff, German Am- tassador, to-day upset the hopes of the Washington Government for a quick settlement of the controversy over the sinking of the American ship William P. Frye by the German raider, Prinz Eitel Friedrich. Although reports from Berlin, via Amsterdam, had declared the Ger- man Government would repudiate the acts of the raider, the German Am- bassador, in discussing the case ic lay with State Department officials, de, fended the action of Capt. Thierichens, contending that he acted under the ‘Pecliration of London, which was the only guide he had as to disposition @f prizes. This looked like a change of front on the part of the Berlin Government. a = Earlier in the day it had been reported that what amounted to a German apology had already been presented. SAVED FROM PRISON BY COURT DECISION Bmbessy, who returned yesterday from Newport News. He had gone Anti-Trust Conviction of Mil- lionaire Patterson and Others “there to hear the story of the sinking of the American vessel from the com- mander of the Prinz Eitel. Count Bernstorff did not present any note to the State Department. He maid he had received no instructions from his Government. He: sald he called to discuss the question inform- ally and to learn what was the view of the United States. In defending the action of Com- mander Thierichens the Ambassador contended that when the officer jeft Is Reversed. Twingtau at the outbreak of the war last August he had nothing to CINCINNATI, March 18, — The follow but the Declaration of London in deciding what to do with vessels he might seize. For that reason, the Ambassador argued, he had a right to sink the Frye, as ite cargo of wheat was con- signed “to order” and destined to a fortified port of the enemy. So long as there was no port into which he could take his prize, he had a right, the Ambassador contended, to de- stroy not only the cargo, but the ves- wel iteelf. The Ambassudor argued that the gommander of the Prinz Eitel, when { he sank the Frye, did not know that | a German prize court on Aug. 3 had held that the mere fact that a mer- chant ship was bound for an enemy port was not sufficient proof that her cargo was determined «destined for United States Circult Court of Ap- Peals to-day reversed the lower court in the case of the Government againat John H. Patterson, President, and twenty-six other officials or former officials of the National Cash Reg- ister Company of Dayton, O. and remanded it back to the District Court for a new trial. Mr. Patterson and his associates were found guilty of violating the Sherman Anti-Trust Law and sen- tenced to serve prison terms and fined, The upper court based its action upon its finding that the first count of the indictment, which tharged the defendants with being guilty of con- spiracy to restrain trade in violation of the Sherman act, had not been proved by the evidence, and that the the enemy second and third were defective and The caso of the Frye, the Ambas-| should never have been permitted to sador said, would have to be settled | outer into the trial of the case in the in accordance with international law.| jower court, It is held that con- because of the present status of thé! spiracy had to be proved as existing declaration of Loudon, | within three years of the time the in- “We gid not intend,” he said, “to) dictment was drawn and that the disregard any of the judicial niceties | Government failed to offer convincing in the case.” idence to sustain these charges. Capt, Kiehne of tha Frye culled at] Both of the latter counts chargea the Treasury Dep: nt this fore-| that the defendants had tried to poon and was taker mediately el wae the cash register busi- Assistant Secretary ters to the! ness in the United States, “Actually State Departinent, where a} matter how large, lk with Seevetary | the | the Court stated, short tel aM ee AY. Deel GEL yho were attacked Captain, Peiers wae | shouta | upon the courts Dathy Me., the Mvye'y owner, « ve ile they were be with Counselive Lunsing # " = : rey yy Je t utterson was tried in 1914 before : aren 13 uy sto PERLIN: Maren, 10° (by wirvlnse Hollister in the United Stat Sayville, be Te Borin newspapers et Court and was sentenced t give much spate lo Le bebe teom + year in jail at Troy, O. and tined i St concerning the ar | $5,000. { the Liaise : A few aonths later he had become rival ot Newpo onal hero through his) work converted ernixer duving the Dayton flood. aid, in May, rish, and part venience hanging over > the tri , largest vote of by the cruls for the Dayton Much prominence is given to aL American | don despaweh 4i yan thy few, millionalre ‘cneed to jail under an anti- (Pantanued on Heend Peas see trate FOUR BOYS KILLED IN OIL EXPLOSION: ONE MAN IS DEAD Branch Plant of the Crew Levick Company Blown Up in Brooklyn. MANAGER AVERY DIES. Several Other Persons Were Reported Missing—Woman Among the Injured. ~ ° George Avery, manager in charge of the Crew Levick Company branch at Atlantic and Montauk Avenues, Brooklyn, and four unidentified boys were metantly killed by an explosion which demolished the plant at 11.40 o'clock to-day. the boys had been killed was dis- proved by a search cf the ruins. The boys were vict'ms of a helpful impulse which pronpted them, as they were pagsing the plant and noticed that the fumes of gasoline were very strong, to go to the office and report the fact. Returning to Atlantic Ave- nue and starting eastward they were buried under the wolls of the store- house as the explosion tore it apart. The engineer and fireman of a Long Island switch engine which was standing alongside the building in which the explosion occurred were blown from the cab, but ran back, started the engine and pulled tw loaded tank cars out onto the main line, where the woodwork of the engine was consumed. Windows Np broken for blocks around the plant and the shock of the explosion or felt_ miles away. i nan of No, 869 Liberty Ave- Que, employed in the plant, was 0 badly injured he was taken to St. Mary's Hospital. Catherine Several persons wéra' injured but none fatally. A report that three men im addition to Avery and Firemen Searching in Ruins of Brooklyn Oil Plant Wrecked by Explosion— Three Victims of Accident F. H. THOMPSON, ‘COL. CROOK DEAD: WAS FY YEARS AT WATE HOUSE Abrodo, seventy-three years old, of [Served as Bodyguard for Lin- No, 69 Montauk Avenue, who by a brick. Frank Dunham, an em- ployee; Fred Strobel, a passerby, and Mrs. Jessie Herbert of No. 2118 Jamaica, bookkeeper for the plant, INDEPENDENT CON- CERN IN BROOKLYN, in gasoline and kerosene and has head- quarters at No. 60 Broadway. It is the largest independent oll concern in Brooklyn. In the plant at the south- east corner of Montauk and Atlantic Avenues were a two-story brick and concrete storage building, with tw passing the plant was knocked Ps coln, Who Told Him of Mur- der Warnings in Dreams, WASHINGTON, H. Crook, dtabursing officer of the White House, who Was President Lin- ‘The Crew-Levick Oil Company deals} iy bodyguard and who had been intimately acquainted with every President since 1860, died to-day at his home here. He had been sick with pneumonia more than a week. President Wilson expressed deep . [regret when informed of Col, Crook's 1,100-galion tanks on the second floor |4eath. Last January the Colonel cele- —one for gasoline and the other for brated his Aftieth anniversary an kerosene. These tanks were connected |9ttache of the White Houne, by pipes with underground tanks in the yard which had 10,000 gallons. The offics and concrete building, is in Montauk Avenue, about fifty feet south of the storage building. A spur track from the Long Island main line crosses Atlantic Avenue and enters the yard through a gate. This spur—used for the transfer of tank cars to and from the plant— runs alongside and about five feet distant from the wall of the store- house. Several pipes connecting the underground tanks with the store- house tanks ran along the surface of the ground underneath the rail- ‘oad track. TANKS USED FOR TEMPORARY DAILY STORAGE. The tanks tn the storehouse were used for the tempo: dally storuge of oil, being filled in the morning and emptied in the evening by a pressure system working in connection with the underground tanks, Qn Sutur- Crook is survived by his Mrs. Mary A. Garton, who y-slx years old. taken from the Washington Col, police force in 1865 and appointed | President Lincoln's bodyguard. Prior to this he had served in the Union army. He accompanied Lincoln on many of his walks and drives, and it ; | was his duty to watch over the Pres- ident during public receptions. Col. Crook told often of how, on the afternoon before Lincoln's assassina- tion, the President had come to him confidence and said that on three suc- cessive nights he had had dreams which foretold his\ murder, Crook thereupon begged the President not to go to the theatre tlmt evening, 44 pianned. Lincuin lusiated, and, fur.) thermore, would not hear of Crovi}optimistic He ordered Crook still do something at that.” As they parted | ccompanying him to go home and rest Lincoln ‘failed to say “Good night the only time he ever failed to say it, sald Crook, ‘Tho Colonel told how he drove Gul-| Duca d'Abruazi, Naples President Garfield's assassin, Grayson, San Juan,..... March 18.—Col. W. | MRS. JESSIE HERBERT. ©, BELE, FRENCH STEAMSHIP SUNK BY SUBMARINE German U-29 guste Conseil, but Crew Is Saved. PARIS, March 18 (United Press).— The German submarine U-29 on Thursday torpedoed and sank the French steamer Auguste Consell of the Compagnie des Chargours, The crew was saved and landed at Falmouth, England. CAN'T HOLD A BABY FOR UNPAID BOARD A pink and white, seven months okt girl baby is not proper security for board bill, Magistrate Barlow ruled in the West Side Court to-day. Mrs. May Burghard of No. 568 West Fifty-firat street, had brought Mrs. Minnie Curtis of No, 642 West Thirty-seventh street, to court on @ summons to get the baby. Mrs. Burghard said that she had boarded the baby with Mra, Curtis since October so that she could go out to work, Shoe is separated from ber husband. A few weeks ago she found work which would allow her to keep the baby with her, Ten dollara boarg was unpaid and Mrs. Curtis refused to give up little Alice until she was paid in full. Mrs. Curtis seemed very much sur- prised by Magistrate Barlow's decision. The baby waved her tiny hands at the Magistrate in approval carried out over away from the White House on occa- sions before he finally succeeded in killing the President. Guiteau bad been accustomed to go into the re- ception room, ask after the health of the President, stay a short time and leave. He became obnoxious one day, and orders were given to keep him away. On the morning of the assas- sination the man returned to ask about the President's health, and Crook was worried when he heard of the affair. The President was not told of his fears however, and in one of his books of White House memories Crook tells how he found Garfield turning hand springs with his sons that morni: MARSHAL 17 YEARS, HE WILL RAISE PIGS NOW Henkel Retires: and McCarthy Is Swor in to Fill Local Federal Post. Thomas D, McCarthy, newly ap- pointed United States Marshal for the Southern District of New YYork, took the oath of office as successor to William Henkel before United States Circuit Judge Lacombe in the Fed- eral Building to-day. He will begin active work Monday, when his bond of $40,000 has been filed and approved. Marshal McCarthy will meet bis deputies—numbering about twenty— at nine o'clock to-morrow morning. When he becomes informed as to the duties they have been performing he will begin to arrange the staff to suit his taste, which is strongly Democratic, Most of the present deputies are Republicans and are World “Poultry’ Ad. Makes Business Hum not protected by civil service rules, ms, PE sie Ho has the filling of forty-six places, ea ih ean fom When ex-Marshal Henkle packs up in “the Buasay World at his office effects and quits the Fed- Over B12. wurls OF amye eral Building to-night he will leave Roere, eotistartory then tp a job he has held for seventeen years re "But I've got facilities for raising some very ~ to” te bint Halchtag, bitte Chicks, “Incut % nd | guess I can| Feed, Kemedies, &c., World “Wanted ads. quickly find. The World makes cuts for illustrated World ads, free of charge. Why not profit by the experience of Mr. Mathews and others and > ADVERTISE IN THE BIG view, > SAILING TO-DAY. Tenadores, Havana | + | FINA 12 PAGES Torpedoes te Au- PRIOE ONE OBB. FOUR RESCUERS FREED: BEFORE FINAL VE Twelve Men Ask to. Hear Thaw’s Own Testimony as Witness and Charge of Justice Page. SHERIFF AND STATE SLEUT HAVE BATTLE IN COUR Harry K. Thaw was acquitted today of the chatge of CONS No escape from Matteawan Insane Asylum. « He was remanded to Tombs until Monday at 2 P. M., when a motion to return Thaw t0' Hampshire, whence he was extradited for the purpose of his trial, be argued before Justice Page. The four men who helped Thaw in his escape—Richard J. Eugene Duffy, Richard Thompson and Thomas Flood—were si 8 quitted, The jury came into court at 12.15 P. M., after an absence of than ten minutes following the reading of Thaw’s testimony and part of the Judge’s charge relating to it. The point was as to belief that he was acting within his legal rights in fleeing as he did. — Thaw was not so nervous and anxious as the four men who helped him escape. Nothing could be read from the faces of the as they filed in. They were impassive. Mrs. Thaw scanned them & tently. So did all the prisoners. x Clerk William N. Penney called the roll of the jury. Each answered “here.” The prisoners remained seated as Mr. Penney the jury: “Gentlemen, have you agreed upon a verdict?” “We have,” replied Foreman Frank J. Bailey, -rising’ and from a memorandum. “We find all the defendants not guilty ote spiracy as charged in the indictment.” ; Deputy Attorney General Cook moved the discharge of the four ers of Thaw, and asked that Thaw be recommitted to Matteawan, the original order of Justice Dowling committing him there 1: after his trial for killing Stanford White. , ‘The four co-defendants, without a look at Thaw, marched gladly out court, “Smiling Dick” Butler, his lost smile restored, stopped a here and there to receive the congratulations of a friend. “How do you like the verdict?” a reporter asked Harry Thaw's “I am well pleased,” she replied. Thaw declared that, by the dit of his counsel, he had nothing whatever to say. THAW IS SENT BACK TO THE TOMBS. Abel P. Smith, the only one of Thaw’s lawyers present, moved Page to order the return of Thaw to New Hampshire, and asked to him removed to the Tombs awaiting the argument of the motion, some discussion the argument of this motion was set down for 3 Monday. Thaw was taken up to the Sheriff's room over the after greeting his mother, sister and brother there was taken back to Tombs. It was learned this afternoon that if the proceeding on Monday before] whicis Matteawan in pte Justice Page for an order that Thaw] Immediately after the Jury be returned to New Hampshire fails,| for the last time to consider ite ex-Juaticy’ Morgan J, O'Brien, of bis} dict Sheriff Grifenhagen went up: counsel, Will Immediately take steps! the bench to speak to Juntice to sue out a writ of habeas corpas./ He complained that when the Thaw's counsel will seek to have “| first came into court for insts jury of twelve men pass upon his! this morning Detective John sanity and will fight to have the| employed by the Attorney @ hearing take place in New York! omice to get evidence tn this County taken a seat beside the jury box It in discrotionary with the Justices \poken to one of :ho jurors, of this judicial district am to whether|denied that ho had spoken te. the habeas corpus proceedings shall juror, The Sherif? repeated! > iy be heard here or in the district in! charge. ae = = - —==== | “Do you mean to say mia er Arrives. cried Lanyon, and he made a *, which ar-\ the Sheriff and struck him ports ing right-hand blow high mJ cheek, knocking bis nead Back” "| breaking lls gold-rimmed ti The Sherif! clinched, and aa @ two men tried to airike each @tf :, Justice Page, who 1 big and p uj | a8 Well us judiclal and calm, hee ed | ot rather pushed, them apap: cacued by the ‘British YOR Was DUE under AEremtt orada, out ef court. # Crew of Wrecked Se The steamer Minas » Bragilian Hand the to the M in fiom. D bound abe ran mich tiey alan © Marla O, Teel mailed | md :, eae Wit with