davidaulloa/AmericanStories huggingface dataset:
The sun., 1888-02-25

New Trial Granted-Chief Justice Beas-
ley's View of the Case.


TRENTON, Feb. 24.-The Supreme Court
has granted new trial to Barclay Peak, and
lawyers here think now that he will never be
hanged for the murder Of Katic Anderson. his
sweetheart. The Court held that the manner
OF drawing the jury was wrong II was alleged
that the Sheriff did not draw the panel from
the box. but that he selected the forty-eight
men with the assistance Of the Prosecutor of
the Pleas. The latter denied the charge but
as the Court overruled the exception taken tho
charge remained on the record. The Chief
Justice said that the proceeding must bo con-
sidered as 1t appears on the record. 1t was an
illegal proceeding Chief Justice Beasley dwelt
upon the admissibility Of the dying declaration
Of the girl. The dying declaration OF Katie
force He thought she had no complete con-
viction that her death was at hand.
as be ne bn9 i
tive. When Barclay Peak heard that tho girl
WAS found murdered by the roadside he has
had every We r reason to beIieVe that 0IG She @ Would
then and there cnarge him with the act. But
he showed no fear TIA that she would accuse or
she told Peak that the person, who shot her
was "a dirty. nasty rascal. To her father
who questioned her about the shooting she
It." Tho Chief Justice referred, to the. fact
that Peak embraced and kissed the girl, and
that he begged her to tell him who shot her,
and that she never then intimated that he was
The Chief Justice thought that all tho evil
dence harmonized with q, theory Of his own,
that the killing was accidental. He believed
that Peak attempted to commit an assault on
the girl. and that abe drew the pistol to defend
her honor, and in the scufile she was shot; Her
conduct, and every other feature surrounding
the case harmonzed with this theory.
The sun., 1888-02-25
TROUBLE DRovE EDMUND YARD MAD.
Tho Old Mans Indictment for Stealing
Trust Funds Dismissed.

Trust DhmIbscus
Recorder Smyth dismissed yesterday an
Indictment for grand larceny which has been
pending for more than two years against Ed
mund Yard, who was for many years prosper
our lace importer and merchant In this city.
When his sons firm failod for s2.O0O.OOO. In
1884, 1t was found that all the fathers capital
and good deal of the estate Of Charles G.
Shaw OF which the elder Yard was trustee.
were involved. The heirs had the old man In
dicted He had gone to Europe Just after the
failure. Detectives found him In Paris Mr..
requisition. He. was brought back early In
1885, and released on bail. Ex-;Alderman John
Wesley Jacobus was one, OF his bondsmen.
In the fall OF 1885 Mr.. Yard was declared In
sane. He is now In the State Homeopathic
vile Is dead. Ono OF his sons married Pearl
Part OF the Shaw propsrty sunk In the Yard
failure was recovered. The younger mbers
Of the Yard family have pledged for many
years In advance THAR income from an estate
leases OF all claims against Mr.. Yard. ST. In
dismlssing the indictment Recorder Smyth
said:
Tho law does not ask for vengeance on the wrong
doer lts object 10 ana oy 10 doing to
The late Algernon s. Sullivan. counsel for the
Shaw estate, wrote as follows to the District
Attorney:
IN my opinion the ends Of justice do not require tho
would prevent his bens put on wlI ne y years old
the property i prosecuted him very vigorously st ons
time, but have not the heart 10 do 50 now.
The sun., 1888-02-25
THE STRIKE INVESTIGATION
Eaerneus Prsnts Of Mining Cempanies'
stsres-The Cest Of Tea Of Cssi.

HAzLEToN, Feb. 24.-The Congress COM
mittee continued its inquiry here to-day into
the miners strike In the Lehigh region.
Thomas Campbell, who keeps a general store
at Freeland. testified that the company stores
charged 10 per cent. profit in some cases above
the ordinary prices charged at the individual
stores. He know this from personal inspec-
tion OF miners pass books at company stores.
He could not give any absolute data OF the
profits charged BY the company stores now.
Thomas A. Buckley, q miner and Justice Of
the Peace, thought that the average wages Of
miners in the Lehigh region was not over s96 q
month. In 1871 the average was IS day, and
some miners could then make "a or $5
day. The cost Of producing coal was
then greater than now, and its selling
price was greater. Witness believed that
the men =, would go back to work at the
accept the basis Of the S schGyIEi 9 region "ou0
in ae re coal sny
ley Railroad Company. He pays tho com pany As
eesnts cents a ton royalty for mining coal on It's lands;
as az sGs rensea te answer asR
son IT ITS Ts ssa ts y 81 lo,9 hS
cd. itSost 4 to mi mine and put a ton 81 coal on the
could not give the committee, the items Of sx-
pense which made q ton Of coal cost $3.50. The
r s be Be ss ss1s aat sne
dss Win Fey saSd dss Ssa
4Sis Witness said tSss Mr. Ey.uss statement that
efs oa .sd nG hss sASs' IN ss 81
employed 1.649 hands including outside labor
spa sna s SSs on
this company took from the wages Of miners
and e5ss1
The SS0m9paniss which he controls DO take this
of the men. As to house rent. witness said
sGP%Spaay.s PsS.i - ss;ss month -. sna s.oo ths e
rected the tatement that it cost the miner nine
0 t6s Ssde
sS to es o w6en 6 aS akSs T %
royalty, ana si.so tor freight.,a total Of ss75-
sq for om %
VIII When asked asked what what he would say to the
turn " '' al Of Them mat out IT psHhp0s0u who used
violence to keep others from work, As to the
Sa deden cam 20 TO h n'G Goden
said he. but added. you may come back again,
for snail need yop badly" He was willing
terms as are given to the Wyoming or sohuyl:
kill miners but would not listen to any appeal
from them through tho labor organizations.
in force before the strike. and after they 60 to
work he Is willing to treat with them as his en-
MAucH CHUNK. Feb. A-The Congressional
committee Investigating the miners strike ar
Icy b. Coke. who telegraphed that be had
missed tho train from New York. Tho commit
tee Will return to Washington tomorrow.
The sun., 1888-02-25
FELL 1HRoUaH SIX STORIES
A Startling but Net Fatal Elevator Acct.
dent In wiiNamsburxh.

The twelve-story brick building in South
is tho boiler and freight house of Havemeyer
L Elders sugar refinery. At noon yesterday
nine men at work on the seventh floor crowded
into the elevator They were In hurry to 60
to dinner. AS the ninth man stepped on the
platform there was whirr OF whees,l Ia screech-
ing OF ropes and chains. and as quick descent
The belt OF the elevator had slipped from It's
wheel. and the machine. with its load OF human
freight. went down with lightning speed.
The men employed on the lower floors saw it
pass through the shaft like flash. The
blanched faces Of tho men. who stood gripped
in each others arms. terrified them as they
looked; and they shrioked with horror. Not
chocks and dogs fastened on the guide chains
at the first floor did the men on 1t give voice
chocks. breaking them. and then fell on the
dogs. 1t bounded up and. dropping back again
to the dogs. rested safe on them.
erward. when the elevator struck the dogs.
struck against post. whore he lay moaning;
His companions were bundled together locked
in each others arms, on the platform. They
know or understand whore they were BY the
time the men from the floors above came down
Two OF them only were found to be suffering
from injury-Herman Gerdes. who had been
Brandt. Gerdes's elbow was confused and
Brandt's ankle was wrenched. They were re-
moved to the hospital. Gerdes lives at 80 Dia-
mond street and Brandt ut 1873 Rivington
street. this city.
OF the other seven, Mr.. Brady and Peter Mad
Charles Wencks. I. Fredericks. H. Rosenbaum
Michael Burke, and MIR. PrenderGast walked to
their homes.
Mr.. Bendernagle. the head bookkeeper. said: /:
The elevator is for freight, and thers are
signs on every floor in the building forbidling
the men to use 1t. These signs are in the Eng
lsh and German languages. The elevator has
been In use seven years, and is tested every
three months The mon | think In their hurry
pulled the starting rope too quick. and then,
losing their heads forgot to make use of the
check rope. The dogs on the guide chains are
large pieces OF iron. Tho chocks are pieces Of
iron In the runners"
The sun., 1888-02-25

At Bath Beach Junction the trains Of the
Manhattan the Brooklyn Bath and West End, and the
Sea Beach railways cross another AIT 40 O'Clock
yesterday morning q West End train coming up
from Bath Beach, with Its two containing about
sixty passengers. The engineer William Noble who
had been employed by the road only two days As tho
train nsarsd the Junction the Sea Beach train from Bay
Ridge, with no passengers aboard, came In sight For
tie West End train which, 1t Is said has
the right of way did stop the Junction station,
past the station crashed into the rear coach OF The Sea
Beach tram knocking It of the track and tumbng
It's side against the Sea Beach station PLATFORM
The on the West End train were Jared and
body injured The pilot OF the West End engine was
broken. The Sea Beach h wrecked, Several
pc rsons who saw the accident and others among the
passengers hamed Engneer NOBLE tor not stopping his
IRAN at the Junction He thar owing to The steep
down grade tie attempt to stop the tram failed
The sun., 1888-02-25
ARTILLERYMAN KING ACQUITTED.
Tho Kiiliss sr willis was Not Murder
KINGS Neither Faiats In His Arms.

The trial OF Artllleryman Francis Fl. King
for the murder Of Ryan II. Willis on the Gov
ernmenv reservation at Fort Hamilton on Nov.
26 was continued in the United Statos Su-
preme Court In Brooklyn yesterday. When all
the testimony had been submitted Mrs. Willis,
the mother Of the murdered man. arose aud
begged to be allowed to say a few words In be-
hall OF her sons character. Judge Lacombe
would not permit II.
tired.
with a verdict OF acquittal An exciting scene
followed the announcement OF the verdict.
The soldiers s and M female friends Of the pris;;
The Judge found 1t impossible to preserve Or
der King however, remained perfectly cool.
screanilng women. who hugged and embraced
him. His mother had rushed forward and
counsel, was also greatly moved. The prisoner
was discharged.
The sun., 1888-02-25
A Jewe.. E,ope. with a C.r,..,a..

COLUMBIA, S. c., Feb. "a. Last night
Camille Peixotto. the 13-year-old daughter of
II. Peixotto. wealthy Israeite Of this city and
@ strict adherer to the Jewish religion. eloped
with W. E. McCartha, a young Christian. When
the parents OF the girl heard Of the affair. which
thoy deemed m objectionable crime, they be-
came wild with grief and rage. The mother
couple. but they had LETT the city; The father
prepared for the burial OF his, daughter.
Her bed and the house were draped Ia mourn
ing and the burial ceremony cOnducled The
parents and Jewish acgualntances OF the girl
mourn her as dead This Is the second occur
renee Of this kind In Columbia within six
months
The sun., 1888-02-25
SQUIRE AND FLYNN MUST BE TRIED
The Indictment 10 Coed and tho Trouble
will Begin ON Monday.

Judge Lawrence has overruled the de-
murrer interposed in the case OF Rollin M
Squire and Maurice B. Flynn indicted for con-
spiracy. Judge Lawrence says that II any one OF
the twenty-five counts OF the indictment is good
the demurrer must be overruled In the six-
teenth count, II In no others, case of con-
spiracy as the same Is defined by section 1853 Of
the Penal Code is made out.
Tho fair construction Of that count is," he
says, that in consideration OF tho obtaining
OF appointment to tho Office Of Commissioner
OF Public Works. Squire would, In effect. abdi-
cate, and would make no appointments with
out Flynn's approval and would make such re-
movals therein as Flynn might suggest and re-
as he might direct. 1t seems to me that there
obstruStion oi iustiGs. and certainly q ths due
an ofrer not OTTO to appoint Flynn TO the Deputy DEBUT !.
ship, but entirely to surrender all the powers
/ do not think that the presumption
which would generally arise that party IN
doT concur in ne opinion expressed by The
tho psreement in question presents na ev
dence OF q conspiracy, for the reason that there
is no one aet, which tho parties agreed to do to;
the offence charged by the indictment, as ! un-
stand 1t, is an agreement or conspiracy for the
perversion or obstruction OF justice and the
due administration of the laws, To effect that
object, several acts were to be done leading or
tending to the general result. which is the
crime charged. the. prevention OF the due ad-
minstration OF the laws by a complete surren-
render of all the power OF the Office"
Referring to the argument that the contem.
that an agreement to commit It could not con-
stitute conspiracy, Judge Lawrence said: "1s
this a Just criticism ! think not. The con-
spiracy does not consist merely 10 the written
paror which is set forth In the count. The
the agree and is also evidence thereof. /
am O, tho opinion. therefore, that the defend
ants are sufficiently informed of the accusation
against them intended to be charged by the in
dictment. and that it is sufficiently specific,
both as to the crime alleged and as to the not
In conclusion, It is ordered that the pleas
shall he renewed. as stipulated. Trial was set
down for Monday next.
The sun., 1888-02-25
4 SPURIOUS ALBERT II. JoNEa
Turn Him Over to tho Police II ho Tries to
Hire Your Fiat.

Albert H. Jones, one Of the partners In Fran
els Il. Legget 4 Co, grocers, West Broadway and
Franklin street. was away recently on three months
vacation During his absence number OF checks on
blanks Of tue ar purportng to DO drawn BY Albert II.
Jones TO tho order Of real estate aud hotel keepers
were received here by the Citizens National ana the
National Exchange banks and others They were for.
reres Later letters sent 10 the store showed that
berson representing himself to be Albert Jenes OF
francs n LeKgett Co.. renting data paying the
nrsI months in ADVANCE syinsa cheek tSc awiC.
Was played at the hotels AZ the Grnrd House Pbils-
delp6ia a man who registered as Francis II LeRgett
$3.50 aud departeh with s27 20 ot the landords money
lyn real estate broker called him and asked him
Ne wanted TO hire y dat man giving M J9nes's
and offered 500 shssh to sseaEs y sohmIttSerssTs
sSr so IN return The police looking for the scamp
The sun., 1888-02-25
THE DKxEER BANK TRAGEDY.
Testinony StreaStAenin9 the Theory ths
Cashier Dssrsn CoanItteA Suicide.

Tsstlnony 0trsagsAeninx the Theory that
Cashier Dssrsn Coa1itteA Suicide.
BANGOR, Feb. M.-The crowds at the Court
House to-day were unprecedented in the his
tory Of that venerable ediflce, there remaining
outside enough to more than fill tho Supreme
Court chamber. After the doors were closed
at noon the multitude outside assumed the
proportions Of mob. . great proportion Of
those struggling for admittance being women.
1t was at the forenoon session that the counsel
for rthe defence began to call witnesses by whose
testimony they expect to save the prisoners.
Stain and Cromwell from a life term at Thom-
aston. Charles W. Curtis, cashier OF the Dex-
ter National Bank, who occupied that post when
Barron was Treasurer OF tho Dexter Savings
Bank in the same building In 1873: George A.
Abbott OF Dexter. Albert F. Bradbury. who was
President OF the savings bank at the time Of
Treasurer Of the savings. bank, al gave Import
ant testimony for the defence. This testimony
but committed, suicide. and made It quite
clear that Cashier Barron's accounts. were
a ron was $4,000 T In arrears Ss'1 on Feb. %. 1878
ysross S9Tn II ~
The last thai balance showed deficiency Of
and not by any OF tho
The duplicate In Mr.. Bsrron's Handwriting of
the last sworn statement made by Mr. Barron
and ar dc Exhibited % T a Discrepancy Of $4,000, The
safe account was next introduced, and this ex-
hibited large discrepancy; TWAS shown that
Barron could easiiy have haladfqnedi a bound 20 AZ
poGn vbsh hssd he s Ssys bs.a ssd a pr
duced By the beveled edge Of the safe door.
One incident Of the day worthy Of mention
her Identification OF stain and Cromwen, failed
to recognize In the court room Mr George
Hamilton, the present Treasurer OF the savings
ReT tSey been nsss
1t begins to look as though the defence will
Dc aole to prove an aiibi dos statn ara hro crom
who told the correspondent OF The Sun an In
teresting and STRAIGHTFORWARD story regarding
the prisoners and their whereabouts Just pre-
ono OF the best looking Of all the Witnesses yet
produced by either side. said that from 1879 to
1881, as far as he knew, Cromwell worked at
s @ Was esef s ssa 0s house In IN
stroke rsseyed durng the tie summsr sneSas He could
not have got out IN December. Revelle was wit =
iro,9 iir,9s oct. to the Saturday before Christmas.
1873 Cromwell was there also. and conse-
quentiy neither OF the prisoners, could have
that year, Reysle says that stain had no
horse named Star" nor, In fact. any other
horss iss bs nsd no RoraS place to keep
In the forehead. The horse was years old
then and q cfNsR4sss9nsntiy fs4s was ls IN 1873 Pre-.
horse on. hevelle says that this Is not the first
time that young Stain has lied about his fat er,
and he has always tried to beat on his folks.
The sun., 1888-02-25
SPARKS FROM TIE zELEGRAPR.

S n: l EPss e q recent
q CAPT and S4Or ma ei sse
..a:s :ata sss' s'iss
Glen, NY, yesterday morning He lived In aornslsvls
ssianss: &c &. {.
Israel dqtas tn. defaultinx treasurer Of Ausisizs
Sss shs @ iss ss
EsPH ras.y Sse ~. VIII sss s.sI s 8;
sssps p.a bssr r. faa IL SS.s'd In
oppsrs ''isASas many Ssa
sudden ,hsv, Which may S.u.. disastrous sood. u
Andrew Kinney and his son Of Rsnowss n. p, started
found dead having been .uiosatsd Sy the .mois n '
asn4y THSss s s
he saarns in history ys. Of he rsl,o %
.. Mrs Louise Clark. aged ID years was struck eys
e as d e saa ea
sS, 4. Her right arm was also broken She VIII prob
..:isss:: "a: s s:.s5s.y @ 9os ,asi.s' s;sq:
as,ssis af spInsasid @ Mass Who acted Tor commit
s u s. f 1. 81 On fsnsFy @ sS1' aSiss sSa
Dsv 10 e. t.s 81 son. az
WAS severely injured BY the shock.
j. b. LswIor inspector the London and Lancashire
Insurance Company in Toronto. committed suicide yes
tsTdAy morning by shooting himself In the breast with
revolver He left note stating that financial smbAr
rAssment was the reason for the act
Joseph sohn young clerk at rtfn Ohio lst The ottv
srddsny on Tuesdsy nxht for psrts unknown sspdinz
the keys Of the store back BY mail He was 10 have
%.ns %sIssa and s say S %
ton He has always borne an excellent reputation.
Col Henry llisgiuson OF Boston who ia reportsd IN
be the gentleman who offered to settle s5n0o upon
young Josef n mann for tho purpose OF enabling 6iIn
TO complete his musical education denies the report
saying that he never offered the boy any onc
HsfnaAan. and eAAAss Vii hsV de Esmas eSisSsisz
The sun., 1888-02-25
A GREAT STRIKE IMMINENT
Fer the First Time in Tes Years the E.si-
neers May Adopt Extreme Measures

CHICAGO, Feb. 24.-Reports tonight tndi-
cate that within week there will not be
wheel moving on the Burlington's great sys-
tom OF railroads.
Chief Arthur Of the Brotherhood Of Locomo-
tive Engineers said this evening:
"A committee representing the national Or
ganizatons OF engineers and lremen have been
in Chicago for three weeks trying to adjust the
differences between tho men and the Chicago.
Burlington and Quincy. They wore put of
with promises. and finally saw Mr.. Stone, the
general manager. but were unable to offect
any settlement. Then they sent for Grand
Master Sargent Of the Firemen's Brotherhood
and myself and We arrived here yesterday
morning wo saw Mr.. Stone, vice-President
Peasley, and Mr.. Merrill of the company. We
discussed several propositions, until finally
the question OF wages was reached We then
passenger engines and 81 cents per mile for
six-wheel connected ,Sng1nes. This Mr stone
sss wSd mot ssFsS hsn S
Chicago and Alton and the Santa F6 systems
We told him then that i his engineers and fire.
men determined to QUIT work we would sano-
ti9n IT, and rSHtirsht Han 4 will ,nvo,vs ovor,
engineer, passenger and freight on the Chi.
cago BHrlingto2n and Quincyy, system, but no
Mr. Arthur said that the present case Is the
erhood oil Engineers have failed to settle dif.
ficulty with railroad company without resort
ing to strike. There Is no fixed rate Of wages
said, and all that tho men asked was the mile
age rate paid by ninety per cent. Of the rail. re-
was reached In the conference with the com
pany was that OF the wages Of passenger engt-
neers, and that Is the only question that will
be involved in the strike.
The report late tonight is that tomorrow
the whole road will be tied up from one end to
the other. Freight as well as passenger traffc
will be stopped. and most OF the switch engines
will be abandoned
The committee OF the Chicago Burlington,
and Quincy men are said to have considered
the matter among them selves, and this morn
ing announced to Arthur and Sargent that
they had decided to call out the men. and Chief
gineers and f1remen on the road is about 1,500.
The sun., 1888-02-25
PEARL EYTLNGE'S PLAY
She Appeals :n Vain to u Police Magistrate
to Recover II for Her.

She Appeals IN Vain to a Police Mncistrate
to Recover 1t for Her.
The first public appearance Of Pearl
Eytinge since she left the stage three years
ago was yesterday afternoon in jefferson Mar
ket Police Court She complained to Justice
Wede that Mrs. Mary Beams. the landlady of
boarding house at 7s East Eleventh street, re-
fused 10 give up her trunk and the manuscript
of a play entitled Two Women"
Miss Eytinge was particularly anxious to get
the manuscript Of the play. She stated that
several weeks ago. when Mrs, Beaniss board
ing house took fire, she gave the manuscript to
Mrs. Beaniss son Charles for safe keeping.
that he lett it with Bartender Joseph W. Mott
at Jacob Fett's saloon In East Eleventh street.
and that she hasn't seen 1t since.
Mrs. Beams clai med that Miss Eytinge owed
her $l04 for board, and that she could have her
trunk whom she paid up. Mrs. Beams didn't
know anything about the, manuscript play.
One Of her sons said last night that his brother
Charles still had 1t.
Miss Eytinge owned up to the unpaid board
bill and Justice Welde decided that II she had
any remedy it was to sue the Beanises.
The sun., 1888-02-25
DEAD IN A RIDING ACADEMY
Mr.. Herman ii. K~ep Falls From hts Horse
In an Apoplectic Fit.


Mr.. Herman H. Koop Of IA Montague
street has for some time been q constant pa
tron of the Brooklyn Riding Academy, In Pa
cifc street. near Third avenue. Brooklyn. He
went there at o'clock yesterday morning,
with his brother. Johannes Koop, to take his
favorite exercise. and Immediately on reaching
the academy mounted his horse and rode
around the track for some time with Mr.. ]. W.
Cleveland Of 30S Cumberland street He seemed
for some time In the best health and spirits,
and carried ona lively conversation with his
companion. Then Mr.. Cleveland noticed that
Mr.. koop had lost control OF his horse. and
asked him If there was anything the matter.
Mr.. koop dropped the reins and lell.
Mr.. De Gerach, the manager OF the acad-
envy, and others carried hlr; Koop up stairs.
and DIR. H. G. Mclean hurried to the place In
response to an urgent telephone summons.
but Mr. koon died few moments after his ar
was a merchant at % William street. He was
80 years old, and he leaves two daughters and
son. He belonged to the Germania and other
German societies,