davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
al CASE FOR THE COURTS HAND."
JUICE GAyNoR's OPINION IN THE CONSOLIDATED
WALLPAPER SUIT

JUICE GAYNoR's OPINION IN THE CONSOLIDATED
WALLPAPER SUIT.
suit TO rest.a.n the sale OF the property OF the
Consolidated Wall Paper Company came up before
Justice Gaynor. OF the Supreme Court yesterday.
on a motion by General Horat!o c. King to
tinre a temporary injunction. The plaintiff is
George Russell, a stockholdcr The defendants in
clude william r. Whiting. Herbert f. Ashemosc
and Isabel VI. Grenfel sister-in-law OF Mr.. Ashe-
General King alleged that the defendants. Whit
Ing and Ashemore. who had full charge OF the CON-
pnny's affairs had conspired to obtain control OF
the plant and business This was brought about,
General King said. through the making Of mort
gage the plant Miss Grenfell for $25ooo.
which alleged. the payment OF interest was dis
Continued. so that foreclosure could be had and
the property bought In at the sale.
General King said that at the time the interest
defaulted the company had received several
thousands Of dollars which could have been APP
Piled to the payment OF the interest. Instead.
counsel alleged that a portion Of the money went
to the private accounts OF Whiting and Asicmore,
the president and treasurer OF the company
General King had not served the two officers
named and the directors OF the company had not
they should be brought In. and that relief In the
form OF n receiver should be sought to preserve
junction. which would simply tie up the affairs
II can see that this IS which the hand
OF the Court should be placed" said His Honor
but do not what do now without the
directors being made parties.
Counsel for whiting ana Ashemore asked for
copies. OF the papers. as he said he wanted time
The attendants deny all colusion. and 1t is prob.
able that suit for receiver VIII be Instituted in
place OF the one before the Court.
Judge Gaynor said that ne would look over the
papers
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
4 PIECE or WOOD DID 1T.
THE EXPLANATION OF BRlDGE IAN
LEAVING THE TRACK ENCCL-
PATEs A SWITCHMAN.'

4 Bridge ca left the switch yesterday at the
same noint whore the locomotive was thrown from
the track on Sunday Only one OF the trucks OF
the car left the rails, and II was easily hauiec
hack upon the track. causing a delay OF less than
five minutes
Superinterbent Martin said TO a Tribune reporter:
This little accident to-day enabled us TO learn
the cause Of the accident on Sunday, and am
glad OF IT, for | could not believe that the man In
charge of the sw.tch-tower at newborn "ou'd DC
so careless as to throw the switch between inc
train and the locomotive He has been IN the en-
n,ov or the Bridge for more than eight years and
Is a most faithful and careful man. He was sus-
pendcd pending investigation. but has been rein
stated as the mishap to-day proved that he was
not at fault.
Eve found upon Investigation that a little piece
OF wood had become wedged in the switch. and
while the obstruction not great enough to
block the switch. 1t kept the point open; so ina,
the fange OF the wheels would at times slip past II
Al the same time, the switch so nearly closed
that the signals showed all right, and there was
enough spring in the handle OF the switch-oar 10
permit the operator in the tower 10 lock the
switch"
President Howell has no; yet issued a call 70,
special meeting of the Bridge trustees TO cons der
the amended application Of the Brooklyn Heights
Railroad Company for station a. the Plaza
There is another hi;ch in the proposed plan. The
permission from the Kings County Elevated road
TO suspend the propose elevated tunnc; connect
station from the trusses supporting the covered
passageway to the station OF the elevated road
managers. who say that these trusses are OF con-
siderable span. and were not built to stand the
wegnt OF douoe aoaa e, any cr ou,i'
from the cars OF the elevated road, but 70
add the we;ght Of an equally large crowd, they
make them unsafe.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
The News Ci Brooklyn
STILL 4 " YSTERY.
THE CHANGE IN MAJOR MNULTY'S LET
TER NOT EXPLAINED.
MIR. PALMER SAYS THAT NO ALTERATION WAS
MADE IN THE MAYORS OFFICE. AND THE


MIR PALMER SAYS THAT NO ALTERATION WAS
MADE IN THE MAYORS OFFICE. AND THE
WHOLE AFFAIR Is BADLY MINED
The letter of Major Peter II. McNulty, in which
he resigned FROM the Board OF Education. and the
superscrption Of which was altered in peculiar
end unexplained manner. continues TO be the
basis of some mystery although some additional
facts in the case came 10 light yesterday. MY
Kneeland the counsel of James Taylor In the
contest for tine Senatorship OF the With DISTRICT
Instituted before the Committee on Privileges ana
Elections Of the State Sci ste. went TO the offices
OF the City Clerk and the Mayor yesterday morn
ing to see if he could develop anything in 'he
affair which would be or service to MS Client
The letter in question, which Major McNuit!
says is d forgery and which has an impoi 'ah'
hearing on the right OF the Major to his seat In
the Senate IS on file with the CITY Clerk. Ihere
is also on file in the Clerks Office a letter from
Wilbur NJ Palmer, formerly Mr.. Schiereh sec
rotary which was written in the Mayors office
on December 20, 1885. and says In part: i am
directed by His Honor the Mayor TO transmit 10
Won the resignation Of the Hon. Peter H. NC
\ultv as a member OF the Board Of Education
Mr. Palmer said yesterday morning that ac-
cordng to his remembrance of the matter: MAJOR
McNulty first called upon the Mayor CURING wv,
latter part Of December. They came the a.iNac
from Mr. Swanstrom Of typewriter letter o.
resignation, which he received from Major NC
Nultv Mr. Swanstrom recalled the letter now
var and I. was sent back t. him. About the
same time another letter Of resignation came 10
hand 1t was typewriter, it was addressed 10
MIR Swanstrom, and the signature was IN MAJOR
WcTulty's handwriting. Then. ii is said, came
thc letter addressed to the Mayor. which is the
letter OF resignation sent by Mr.. Palmer 10 the
City Clerk 49,. oo
anv changes in the address from the name OF
..Svansfronl'' to "Schiercn." but he is positive
that no such change was made in the Mayor
oil
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
JOHN MARIE SCHHITT DEAD.

John Marie Schm.tt who lived In Paris when Ma
poleon Bonaparte ruled France. and who lived In
Kings County for nearly sxty-fve years. died las,
Saturday at the home Of his son. No. 1913 Gates
ave- The funeral took place yesterday morning at
the Church OF the Nativity, at Madison-st and
Classon-ave. The burial was in Holy Cross Gene
terry Mr.. Schmitt born in Paris ninety-two
years ago. lie remembered the agitation caused In
PARIS by Napoleon's declaration of against
Russia in 1872 and II is said that when he was
twelve years old Mr.. Schmtt shook hands with Ma,
poleon after his dethronement. Mr. Schmitt served
seven years In the French Army. and In 1880 came
10 America and to Flabush where he lived near the
Old Glove Road for nearly sixty years. lie was a
cabinetmaker. Ills wife. who .s ninety years OLD;
one son. thirteen grandchildren seventeen great
grandchildren and one great-grea -grandcnlld sur
vtye him. Mr.. Schmitt lad used tobacco ever snce
ne was a boy His usual beverage was red wine'
but he never used other alcoholic stimuiants
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
MAJOR TATE NAY SERVE AGAIN.
CITY WORKS COMMISSIONER WILLIS WILL
SOON ANNOUNCE HIS APPOINTMENTS.

CITY WORKS COMMISSIONER WILLIS WILL.
SOON ANNOUNCE HIS APPOINTMENTS.
City Works Commissioner Willis will. 1t is SAID.
soon announce his appointments and policy. Thus
far he has preserved silence in reference to both
subjects as successfully did Mayor Wurster. 1t
was stated last night however by a Republican
close to Mr.. Willis that Major Augustus c.. Tate.
the well-known Twenty-thirj Ward Republican,
who has been Water Register under Commissioner
White will undoubtedly be reappoined.
Major Tate has made admirable record in one
of the most important branches OF the municipal
service. A comparison OF his management OF the
bureau compared with that OF his Democrats
predecessor offers practical illustration Of the DIFF
ference between ring rule and business methods
The total revenue In 1925 90 3S7 The ota,
revenue in lss495 was S37G2,Sl8 The Increased rev
enue during the two years OF Mayor Schierens al.
mlnstraton amounted 40 1899 OIL. The cost or
maintenance In 1928 81 0S6; for the same
period In 189a-95 II 81 575. '35 While Commits
sioner White had general oversight Of the work or
the Registers department. still Major Tate. 1t Is
conceded. did his full share TO bring about the IA
vorable showing
Major Tate Is the executive member from the
Twenty-thlrd Ward In the Republican County Com
mittee. He born IN 1885. In New-Iork Clty,
and served with distinction during the War OF the
Rebellion Afterward he held n responsih bic ONCE
in the Custom House and was United States Mar
shal for the Eastern District in the seventies
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28

-Four workmen fell distance OF twenty Feet
from a scaffod suspended from the side OF the
power-house in course OF construction nj ROCK
away-ave and New-Lots Road. at o'clock yes
terday afternoon. The we're la the employ OF
the Nassau Railroad Company. and the building
upon which they were at work will be utilized by
that corporation when finished. The men. all OF
whom more less seriously injured, are
John Donahue, No. 565 Fffth-ave.: John Hann!gan.
No $50 Warrcn-st: George Riley. No. 13i Fifth
ave-. and Thomas Deldeno. Thrd-ave. and Thirty
fourth-st Three Of the men we're brcklayers and
the fourth was iabOrer.
The scaffold fell with crash, and at first 1t was
thought that some OF the men had been killed out
right An ambulance was hurr.edy summoned
and soon the injured undergoing an exam.na-
tfon In the opera ting OF ST. Catharnes Hos
V.tal.
Last night 1t was said that all the men would
recover. as no bones had been broken.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
THE HISTORIC OLD POSTOFFTCE GOES.
DESTRUCTION OF THE BUILDING BID ~ FOR see 900
AFTER $4,000 WAS REFUSED.

DESTRUCTION OF THE BUILDING BID ~ FOR sGs,o 900
AFTER $4,000 WAS REFUSED.
The old postofice building in Wash.ngton-s.. Is
being torn down. The work was begun yesterday.
In 1867 the building first opened as the main
postofice, and ex-Mayor Samuel Booth was post
master. On the upper floors the returns OF the
election succeeding the Grant and Greeley cam
palgn received by the local Republican Cen
eral Committee. Commonwealth Lodge +. and A.
NJ. had its headquarters there. Among the MEM
b, of the lodg" were Theodore a. Taylor. Munson
s. Brown. Alva Pcarsall, John II. Bennett John
Evans and Pop" Fuller.
The building belonged to the Brooklyn Trust
Company, which came into possession Of It by a
foreclosure sale over twenty years ago when f. 8.
Mills was president. The trus: company bid in tho
property for $685. 900. Its frontage IN Westinghouse
Is only fifty feet. The building extends to an aley
In the rear 1t H. said that few years ago the
trust company refused $4,000 for the property,
offered through d. & NJ. Chauncey by a NV York
syndicate. The purpose of the syndicate was to
place a concert hall on the land and conduct per-
formances there similar to those OF Roster e. Bal
in New-York City. The trust company wanted
10000 SO the transfer was not Effected. Ii IS the
intention of the company 10 make TWO stores
where the old structure used 10 stand
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28

HIS SUIT FOR COUNSEL FEE SHOULD BE CHANGED
TO ANOTHER

HIS SUIT FOR COUNSEL FEE SHOULD BE CHANGED
TO ANOTHER.
No matter how much money George Hobbey may
possess, Judge Gaynor, OF the Supreme Court yes
terday decided that he need pay counsel fee to
his wife in her suit FOR separation Counsel for the
wife contended that Mr. Hobbey was member
Of fashionable clubs owned yacht and went with
monaires. he must have a very considerable In
come. While the lawyer had not been able TO dis
cover what his property was, he said this was be-
cause Mr.. Hobbey had been careful enough to Sc
cure or dispose OF to avoid having TO pay anything
for the support of his wife.
In his ruling on the motion Justice Gaynor says:
1.-THE plaintiff obtained judgment of separation
and alimony In 1858 She afterward resumed re-
latons with her and again they She
tfen entered into "A written agreement with him
by means OF a trustee for permanent separation
with a.mony AT so month He ceased 10 pay this
In April last. and now this action Is brought for
separation and support The husband peads the
former judgment and the said agreement In both
do not see how the plaintiffs attorney is content
to submit such case without brief. | can
allow him no counsel fee. Let order OF $50 al
nony month be entered"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
SHORT ROUTE MAIL CONTRACTS.

A CHANCE FOR A PUSHCARr MAN TO DEAL
WITH THE GOVERNMENT.
Postmaster Sullivan has been directed to advercW
for proposals to carry the malls between Station w.
Bedford-ave. and South Fifth-st.. to the Brookys
Heights Railroad. at Bedford-ave. and Broaaws'
and between Station + and the Long Island IA.
road and Station F. and the Brooklyn Heights HsI
road at Atlantic and Alabama ayes. also betwsc
Station G and the Brooklyn Heights Railroad !"
Greenpo.nt and Manhattan ayes.
Postmaster Sullivan said that these conu. s,.
would be let out sinsy collectively. % wou's
prove for the best Interests Of tn, Department ~
malls would have to be carried In wagons ps.
carts other vehicle from the sub-statiOnss
the nearest point where the new troliey-cssr - n
can be reached The distance from Ssas Ton W,oS
Station = to Atlantic and Alabama ayes osswssi
200 and 800 feet. and from Station u 70 usss"V'-
and Manhattan ayes. about nm f~"'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
.JTDGE BIRDSEYE DEAD.
ONE OF BROOKLYNS BEST-KNOWN LAW
YERS AND FORMERLY A JUSTICE OF
THE SUPREME COURT.

Judge Iucen BirJseye of Brooklyns pest
known lawyers, died suddenly at his home NO 20
Walren-st.. Brooklyn. yesterday morning Hscondnct
of the Lake Shore and Michigan Southern Railroad
litigation which was brought to a successful close
after a fight which lasted fourteen years. brought
him much credit. Such wel.-known men as Sanlue
j. TIlen Smith NJ Weed and George Ticknor Cur
It's were employed in the defence
lie was born at Pompey, Onondlga County, "
v october 10. 1871 His father, Victory Birdseye
was a .awyer OF considerable prominence and aso
held several responsible political offices being twice
elected 10 Congress. The young man received MS
preparatory education at the P0mpey Academy, and
entered Yale University in October, 1884, lie was
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
NO WORM IN SUGAR TRusT
SECRETARY sEARLEs CoNTRADIcTs I'M
REPORT OF A COMPANY DIS
TILLERY.
THE FEASIBILITY OF MANUFACTURING AI0ouc,
FROM REFUSE MoLAssEs BEING CoXsrn
Erred BY AN OUTSIDE coNcERN-A
LONG-DIsCsED FACTORY IN THE
EASTERN DISTRICT TO
BE UTILIZED.

BE UTILIZED.
The report which has gained considerable era.
dence in Brooklyn during the last few days. CON
corning the alleged manufacture Of gin ana
whiskey by the Sugar Trust from the nefu..
Of It's sugar, Ia looked upon by the Trust peopIs
in somewhat Of humorous light. 1t is said thar
the story first emanated from rtain prohibiuo.
leaders In this city, who had heard that ths
Trust was manufacturing a very poor quality A
"barrel-house liquor" and making ex,ensivs
sales to the barroom-keepers principally In ths
tenement and lower downtown districts
Secretary John E. Searles. Of the Americas
Sugar Refining Company. otherwise known A
the Trust. denied the report yesterday and Dc.
clared with an amused smile that such story
was not only absurd, but silly
Mr. Searles lives IN Brooklyn. and is promi.
nent in the NewYork Avenue Methodist Church.
In explanation OF the whiskey rumor he eaM
that he had heard report to the effect thar
the Trust was engaged in the manufacture Al
alcohol, but there was no truth In that 80 IN
as present operations are concerned. The com.
pany," said he, has had in contemplation the
possible manufacture In the future. OF alcohol
for use in the arts. but we have never up TO the
present, made for traffic even drop Of alcohol:
and az for sp.rtuous qu)rs-why, that Is ab.
surd.
I'VE. of course. have greet deal of refuse
.lolasses left after the sugar is made. and under
processes now used in France and Germany. Il
can be made into commercial alcohol. II the
process proves feasible in this country. It may
be adopted and used by concern not connected
with our company. long disused factory IN
Williamsburg is now being altered with that end
in view. so that, IN case of alcohol manufacture
IL will be an easy matter 10 place the proper
machinery without unnecessary delay. That's
the way the matter stands and that is as far %
we will get toward whisSey dstilling Such 4
thing was never for a moment contemplated"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
THE BOARD TO BE NAMED TONY

Mayor Wurster said yesterday afternoon that ne
would announce his appointments OF Civil Service
Commissioners this morning. He would give no IN
timation as to the names OF the new men who would
be appointed those members OF the present Board
who would be retained Four of the present MEM
bers. he said would be reapponted The list Is COM
pleted. with the exception Of name and upon
that, the Mayor said, he had not fully decided Ii
Is probable. however. that President Alexander r.
Orr. Irving l.. Bragdon. Truman j. Backus and
Benjamin Estes will be retained II was rtImored
last night that the Mayor would appoint two. and
possibly three. members Of his cabinet as members
of the new Civil Service Board.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
TRYING A TROLLEY STJT

Justice Osborne and jury In the Supreme Court
yesterday heard testimony In the suit Of Mrs Cath
crime Lynch. Of No. al5 Twelfth-st.. against the
Brooklyn Heights Railroad Company to recover
$4,000 for alleged personal Injuries. Mrs. Lynch
says she was coming to Brooklyn from Bensonhurst
on August II, 1892 She was riding on Third.ave.
car, and Il rounded the curve at Sixty -ffth-s'.
she attempted 10 get OF. The car started suddenly
and she thrown to the ground. She alleges that
her leg and her hip hurt and she sustained
permanent Internal injuries. The company say the
accident her fault, and II she was injured
she has one but herself to blame. The trial Will
be continued today.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28

are over 100000 Of her countryen IN Psnn:ylyanaG;
4 building has been put up. church organiAeo Ano
Inc Gospel is now preached there TO multtudes Inc
Young woman herself snatched like brand from the
burning, still goes forward. s,,,.h.a
below the estimates OF debf
should be met by an effort outside OF the ordinary
contributions Of the churches 50 thar the or
hindercd promised to lead an honor . roll any
challenged i0O brethren to Join me Ior ei% ,sdeed
already think that when the tide OF PROSPERITY III, ~
the land has turned sufficiently the aemaimu r own
come But the working missionaries, your o""'
must be fed and clothed. or be discharged.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
DEATH or THE REV. F. A. G1SCOICVE

The Rev. Frederick A. Gasco!gne. a member Of
the NewYork East Conference OF the Methodist,
Episcopal Church died suddenly on Sunday morning
at the home OF his mother. Mrs. Lavinla Thorn
widow Of JOSIAH ]. Gascogne No 13s Decatur-st
Brooklyn. Mr.. Gascolgne had been n sufferer from
kidney trouble for the last two years, and II was
decided to perform an operation In the hope OF af-
fording him relief. DR.. George r. Fowler performed
the operation Saturday. but Mr. Gascoicne did
not have strength 10 rally from Il.
Mr. 6ascoipne was bora Ia BROOKLYN In 1881 We
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28
LARGE INTERESTS INVOLVED
MRS FINELITE SAYS MIR. FINEL1TE Is
NOT DOING RIGHT.
NEW YORK CITY AND BROOKLYN REAL ESTATE
HELD IN COMMON HAS BEEN NEGLECTED.
SHE ALLEGES. BY HEl

NETWORK CITY AND BROOKLYN REAL ESTATE
HELD IN COMMON HAS BEEN NEGLECTED.
SHE ALLEGES BY HER HUSBAND
Large property interests are involved In
suit which Lena Finelite has just lnstitu'eo
against her husband, David Finelite, IN the
Supreme Court The papers In the case were
filed with the County Clerk yesterday afternoon
In her complaint Mrs. Finelite says that she
and her husband were married In Germany ""
April 81. 1859. They soon came to America al"
in 1864 she embarked in business In New-forK
Bv her own shrewdness and labor. she maze the
business pay handsomely. so that in the years
that followed there was a considerable mars"
Of profits
Relieving implicitly in her husbands integrity,
,be wife deposes that from time to time they
mt their money into real estate, which was 10
he held by them In common. and the rents
ebarod Following such a belief and under
standing Nos. 164 and 166 Park Row. New-fork'
wore purchased for SIS, 900: No IS Baxtcr-st
for s11 600: Nos TAG. AS and $50 Attorney-st
New-Yorli for S34, 800; 800 acres Of land near
Morr.stown. n. j., for $500; No. 24o West one
hundred and twenty-frs New fork, ~.
sos 900 and No % Coumba-st. BROOKLYN ioi
$4,000. -. has
"A time went on Mrs Finelte says her nus
band began staying away from their nome a,
No SG4 LexngtOn-ave. Then the wie iou'u
that he had neglected to pay the taxes on SOM
Of the property and foreclosures were threat
ened She had trusted him with the manage
ment of the property. and knew nothing except
that she had never received much or the pron's
Finally the husbands conduct became such as
to require prompt action so the present Of
the rents and profits. and that she be adJudseu
a tenant in common.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-28

s,,,d,d A. W.br,hsm Academy. He VAS graduated
from Wesleyan Coese IN tie class Of lST bO g,s,
Epscooal church al Hammondsport. Penn. and IN
1871 Joined the NewYork East Conference se mI
three Years and was completing his second year
in his second charge in the First Methodst Fps s,
copaI Church az New-Rochelle, y. Y, at the time
of his death. Mr.. Gascoigne was unmarried ~
The funeral will be held az his mothers house. NO.
1873 Deca tur-st. at 1880 O'Clock this evening.