davidaulloa/AmericanStories huggingface dataset:
The sun., 1897-10-31
CORPORAL vIcKERs,s PLIGHT.
Justice Gnynor Refuses to Interfere with y
Military Hearing.

Application was made to Justice Gaynor. in
the Supreme Court in Brooklyn, yestcrda by
Corporal Charles w. Nickers OF Company A,
Thi teenth Regiment, for n mandamus to COM
pei Col. William L. Watson to grant him an
honorable discharge. Nickers said he had been
a member cf the organization since Dec. 2l,
1891, and had performed s5 per cent. of du In
his company. 1t transpired that he asked for
his discharge on Oct. IL, and that on Oct. 26
charges were preferred against him. He is
charged with having visited Creedmoor In Au-
Inc name OF Private W. J. Thompson OF Com
pany A. Thompson had been member of tho
regiment for five years. but had never been
able to qualify as a marksman.
These charges are now pending. are they
not T. nsked Justice Gaynor.
They arc." responded Major Grout the
Judge Advocate on Gen. McLccrs staff.
"Theu | cannot grant the mandamus" said
Justice Gaynor. "fho military authorities
have got to pass on the case. deny the mo-
tion. with leave TO renew it after the hearing Of
the charges
The sun., 1897-10-31
WORKS OF ART.
Tho Beard or Appraisers Settles tho veIed Ques-
tiou In Two Cases.


The United States Board OF General Ap-
praisers filed opinions yesterday ovcrruling
protests In two cases which involved the vcxed
question OF what really constitutes work Of
art. The cases relate respectively to a church
altar imported for presentation to the Trinity
Protestant Church OF Binghamton. and to n
consignment Of marble, alabastcr, and bronze
husts. single figures and groups, including
reproductions of wellknown subjects. which
had been returned as merchandise. In the
opinions architectural and industrial art arc
distinguished from fine art. The church altar
tablishment in France. which the invoice
stated operates "a mechanical sawmill and
lathcs for cutting marble for purposes Of art
and commerce. including chimncys. things,
funeral monuments and altars." The altar
the opinion says 'is no more ornate in style
or artistic in design or execution than the ia
cadcs OF many church editces. public build.
ings. hotels, and even residences"
The consignment of statuary consisted OF
items variously valued at from 3s to 800
francs, each accompanied by so.callcd art
lists certificate" declaring that they were the
work OF professional sculptor, which had
been produced by him or made under his dircc.
tion from his original conception, design and
clay model. The boards opinion states that
the testimony Of several distinguished profess
sonal sculptors, who had appeared before the
size and design, II originals or first casts or
artistic copies or rcplicas thereof, made by or
under the immediate direction and speryislon
of professional sculptors, would be valued in for
cign markets at about ten times as much as
the invoice price OF these"
The sun., 1897-10-31
ERIE r. X. MERIT RECORDS
No More suspennon or EmpIoyees-Tho had &
Go and the Good to stay.

Go and the Good to stay.
The Erie Railroad has issued circular an
nouncing its abolition Of suspension OF en-
ployees and the substitution therefor Of . sys
tenn of discipline by record. The new system
goes into effect tomorrow. The circular says
In part: Discipline will bo maintained by
charges against employees record or by dis;
missal from the service While me past record a
after an individual account will be opened with
each employee in book kept specially for that
Such acts as dsloyalty, intemperance, dshon.
esty, gross carelessness. or serious offences OF
suff,cient cause for dismissal
A charge will DO made on the record book for
or accidents mot mernS Dismissal
improper conduct. &c. Instead OF suspension
Except for investigaton the employee VIII be
biumeless under investigation will be paid for
time lost. tho same as at present.
ployee without a thorough Investigation and
notice to the person affected. This record will
6e private one. ,sd. and employees , Viii % not %
transcript OF an employees record will be given
him on application.
When the record against an employee becomes
such to demonstrate his unitness for the ser.
vice, he will be dismissed.
S b
excellent conduct. good Judgment in emergen-
Record bulletins are to be issued by the super.
intendent from time to time as may be neces-
sary in the interest OF discipline. on bulletin
boards provided for that purpose. These bul.
letins will contain facts and conclusions and
only such comment as is applicable. Names
will not DO mentioned in tho bulletins. the CHI ef
object being educational.
The circular concludes:
Cooperation on the part of employees in this
matter will be OF great assistance IN produc.
Ing good results. and to this end correct ac-
counts OF mishups occurring on the road should
be furnished by the parties interested. We
shall thus secure higher state Of efficiency by
ployee 10 gain in self. respect in loyalty watch.
fulness and zeal for the empoyersi terest, and
establish discipline, in which the element OF
force is not predominant; become acquainted
with such cases may DO bulletined, and learn
from them the lesson that is taught by the fail
ure of others; avoid loss OF time and earnings
develop feeling OF confidence and security
which will benefit and encourage the good men,
whie those who are hRbitually careless and in
different will be dropped from the service.
The sun., 1897-10-31
DIR, BERRY COMING 10 AMERICA.
The HEAD or the English CoaEregatiennl Unisn
TO Advocate Arbitration.


Tho Chairman OF tho Congregational Union OF
England, the Rev. DR.. Charles A. Berry, pastor
OF queen Street Church. Wolvcrhampton, 10
due to arrive here on next Wednesday. He 10
coming over to try to influence tho United
states Senate to confirm the arbitration treaty.
Wolvcrhampton newspaper, in announcing
DIR. Bcrry's mission, says that having been in.
Nitcd TO act as Senate chaplain for q morning
or TWO he intends TO take the opportunity TO do
liver an address from the National Free Church
Council OF England in behalf OF the treaty.
AS this course is not quito feasible, mass
meeting Is to be arranged In Washington during
the opening week of Congress. In addition,
the distinguished Nonconformist Is to preach
IN IN q prominent Washington pulpit on tho morn,
ing oclorc congress opens, when he is expecteu
OF arbitration.
>, second important errand Of tho Rev. Dr.
Bcrry Is To advocate church union. Mass meet,
ings are to bc held in Brooklyn, Chicago, ana
boston, TO be addressed by the great Chairman
OF the English Congregational Union ana 10
ne attended by clergy and church workers.
lhe kev: DIR. Berry Is to prcach the Beechor
memorial sermon In Plymouth Church, Brook.
lyn,, on Sunday, Nov. Z, ON the OCCASION Of the
celebration Of the ffticth anniv versary of the ar
rival or Bcccher in Brooklyn. On Nov. ~ no
prcachcs in MOntclair n. j.; on nov. 81 IN
chicago, on Nov. % In Boston, and on Dec. D
In Washington.
The sun., 1897-10-31
WANTS FONTS ABOUT CUBA.
oenor CanalcJas Here TO study Public Opinion
for BimselE-WiII Visit Cuba.


Sehor jose Canalejas y Mendez, proprietor
OF tho Spanish newspaper Ell Herdldo de
Madrid, and leading Spanish politician, ur-
rived in New York yesterday on board OF tho
French steamer La Touraine. Much has been
said about Sehor Canaejas's purpose In Wis
tting this country and the island of Cuba.
Se6or Canalejas himself declared yesterday
thut his intention was to ascertain the true
state OF public opinion with regard to Spain in
this countr, and to.study tho real situation in
Cuba. He says that he will interview proui-
nent Americans and Cubans in the United
States.
Senor Canalejas is not a believer in aut utonomy
and thinks that Cnba still needs the prote Ell ion
are not disposed TO give much attention to
pohor CanaeJas's opinions. They generally
fear that the spanish politician viii try 10 coax
them 10 some compromise which they are rG-
sol cd To avoid. Sehor Estrada Palma mas said;
III any important Spaniard approaches nc TO
propose some honorable settlement of the
Cuban war on the basis of the absolute indie.
pendenco OF the island, J have powers enough
from my government TO receive him and should
DO personally delighted To do ii. But for any
other purpose such interviews only waste
In Cuba It Is not likely that Sehor CanaIejas
couIa derive more Information than that of.
Lerod 10 hlin without the Spanish lines. Gen.
Gomez has declared also that after his expert.
ence With senior Morotc :. Madrid correspon.
dent ne VIII not receive any Spanards ex-
cePt those who approach him TO recognize the
independence OF Cuba.
The sun., 1897-10-31
roEroEMAx sMlrH,s FuxERAL.


The funeral of Frederick Il. Smith, the 10.
lcoman OF tho East Fifth street station squad
who was shot by Fritz Meyer, n burglor who
was robbing the poor boxes In the Church Of the
Most Holy Redeemer on Tuesday morning took
place yesterday. The services and procession
wcrc witnessed by crowd that blocked tho
street for four hours. The police arrange.
ments included a uniformed escort of 100 men
under Inspector Cross OF this escort four com.
pnnies Of twenty.four men each, under com.
mand OF Capt. Hcrlihy and Scrgcnnts Place,
Diamond. and Shire, included all the men of tho
East Fifth street squad, Sergeant Patrick Gully
of tho Union Market station having bcCn de-
tailed in charge Mt tho station house, with all
posts patro1ed by men from other precincts.
There were also assigned to duty In connection
with the funeral Capt. Wcstcrvclt, with two
Sergcants and forty men at the church, Capts.
o'Keeffc Hogan and vrecdcnburgh with sim
liar commands in Third street. Sixth street, and
Mt Mats Hall, 3ll East Sixth street. respoc-
lively.
Tho body was taken privately to Mats Hall
ut 10 O'Clock in the morning. h. .. Middle
brook, Master of .still Lodge, No. 4os, F.
and 4. Nj, conducted a Masonic service which
GS allowed SypF to " view n the body For two hours
solid line of people, moving quickly entered at
one door, passed around the he coffin and and out BY
covered caskct with silver mountngs, On tho
half.opencd cover were the pol;ccman,s helmet
and baton, The latter blood.staincd Tho body
WIS in UNIFORM. 4 large number of floral
pieces surrounded the casket, among them a
shield of roses. n Gates Aiar' and clock
shield in ivy. and roses from the Ladies' East
Side Aid Society.
The pail bearers, Policemen Conklin and Ryan
were with Smith when he was killed.
Sbhm, Cooncy. Walsh, Schwartz, Baxter, and
K.ly all in uniform. carried the coffin between
tho open ranks of the escort which stood with
b bttons presented until the body reached tho
h arse. This mannuvre was repeated on en-
ring and leaving the church. The corpse was
b cssed at tho Church of the Most Holy Re-
d cmcr. in East Third street On the march to
the ferry tho funeral procession, accompanied
E,st Fifth street station house. which was
,avly drapcd in mourning with the inscrip-
tion. I've mourn our loss over the door. At
the ferry the escort and band dispersed, and
the body was taken to the Lutheran Cemetery.
The sun., 1897-10-31
BRookLry's UNADJUsrED DEBT.
Four ana n Half Millions That VIII Have to
He Provided For Somehow.

The expert accountants appointed by Comp
troller Fitch to examine the accounts and
records OF Brooklyn report that the books in the
office OF the Comptroller of that city carry
balance to debit OF suspense account OF 81 1885,
1889. This balance was created BY carrying
certain items O the suspense account on Dec.
81. 1895, pending a proper adjustment OF the
accounts.
The experts state that it is evident that some
attempt has been made To wipe out these
amounts by including certain proportions in the
tax lcyics OF various years but OF late nothing
has been done toward strengthening tho matter
out and some disposition will have To he made
OF the balance How much OF the 81. 400, l2S SO
will have To be provided for in future tax levies
will be a question for the serious consideration
OF tho municipal authorities.
The sun., 1897-10-31
FOUND IN THE PENITENTIARE.
Philadelphia Travelling Man who Dis
appeared from . BunaIo Hotel ou Sunday.

BUFFALO. Oct. 3O.-Charles NJ. Thatcher. tho
travelling man for Philadelphia art house.
disappeared from the Tifft House. in this city,
on Sunday last, and. as he had acted in a de.
spondent manner while at the hotel. 1t was
thought he had committed suicide. His absence
was not noted by the hotel people until Tues
day, when letter came TO the hotel from a
Thatcher's whereabouts. The hotel people sent
word TO tho young woman, whose name they
will not disclose. that Thatcher was missing.
Then they notified The police.
No trace Of Thatcher was found until ycstcr.
on tuesday night he arrested for drunkenness
In Washington street n man who gavC the
name OF Charles NJ. Thatcher. On Wednesday
morrinf Thatcher pleaded guilty to drunken
ness and was fined IS. He said he had been
robbed, and he WAS sent off to the penit entiary
with a load of vagrants without a protest. He
said he had no friends. He Is In ihe penitou.
tiary now. hut it is likely that steps will be
taken to got him out.
The sun., 1897-10-31
MIRIAM osBoRN's WILL STANDS.
And SO Fay TompIeton Doesn't Get the $780,
900 Howell Osborn NiIed TO Her.

900 Howell Oaborn SviIIed TO Her.
The action of Mary o. Mason and Leila o.
Hcnriuues to set aside the will Of their sister,
Miriam A. Osborn. and divide up her estate was
dismissed by Justice Russell of the Supreme
Court yesterday on the ground that the plain
tffs have unreasonably delayed the service of
summons on three nonresident defendants. In
the action it was set up that the will was the
result of the undue influence Of John w. Ster-
ling, whom Mrs. Osborn named as one OF the ex-
ecutors and truste 8. and who since her death
has had the management OF her estate, amount
ing to several millions OF dol ars.
Mrs Osborn died In 1S9.. and her son, Howell
Osborn. who would haye received her estate IL
she had left no valid will. did not die until 1895.
He left will disposing OF his estate. SO that II
her will went by the board all her estate would
go under his will. and Fay Templeton would
have been secure in tho beauest OF 800. 900 he
made her in his will.
Justice Russell says that y would not be fair
to the estate to leave this action pending when
tho plaintiff could have proceeded long ago to
get orders OF publ llcaton on nonresident dc.
fendants. Besides, he says II seems from the
avcrments made that the plaintiffs have no
standing In court, as they would take nothing II
the will were set aside
The sun., 1897-10-31
ACTOR COOK ACQUITTED.
HIS wife, whom IHe Wns Accused OF stabbinE,
Has Gone to Europe.

Augustus Cook. the actor, who was arrested
on Sept. II on the charge of having stabbed
his wife, was discharged by Magistrate Cornell
in the Harlem Court yesterday. The alleged
stabbIng took place at the apartments occu-
pied by the Cooks Mt 10 West 1O2d street.
Ahcrward Mrs. Cook was taken to the home of
her father "A wealthy builder named Hail. and
Cook was locked up for four days under repre-
scntatons that his wifc's injuries were dan
gcrous. IL was then reported that she was out
OF danger but still unable to appear in court.
Upon this report Cook was released on $500
bail
lie has since appeared eight times In court
to demand n hcaiing Each time the hearing
was postponed on the report that Mrs. Cook
was still unable to appear. II was shown yes
terday that she had been travelling in Europe
for some time and Magistrate Cornell promptly
dismissed the complaint against Cook.
Mrs Cook has brought suit for divorce
against her husband.
The sun., 1897-10-31
Jersey Trolley Company Wni Fight the "yes.
tibuIed Car" Law.

The Consolidated Traction Company has de-
cided to ignore the act passed by the last LeRis-
lature requiring vesti ules on all the company's
cars The law goes into effect tomorrow Chief
of Police Murphy OF Jersey City has been in.
structed by the Police Commissioners to enforce
il, but he Cannot take any action un II he is ad-
vised by Corporation Counsel Blair as to how
the law ehould be enforced The penalty is $50
for each car operated without a vestibule, but
The Chief is in doubt as 10 who should be ar
rested for violating tho law. After the Chief Ia
ad yised by the Corporation Counsel, and an ar
rest is made the case will be certioraried to the
Supreme Court 10 have the constitutionality of
the Law tested.
The sun., 1897-10-31
Canadian Fruit In EnGlaaa.

OTTAWA, Oct. 3O.-From the reports received
at the Department OF Agriculture of the latest
trial shipments OF fruit in ocean cold storage
transportation it is LEARNED that they arrived
in Great Britain in q satisfactory condition. The
report on the 1s6 boxes OF irnlt by The Hurona
condition. with the exception OF the grapes,
which. although apparently in sound condition,
dropped from the stems. The report further
says that the pears were IN very hne cond ton.
peaches little soft, tomatoes in hne condition,
the only objection TO the latter being that they
were a little too large. medium sizes taking
better In the English market
The sun., 1897-10-31
loss OF thirtysx in comp arison with the returns
for the previous six months. The figures fol.
Sept. so. March 3

In the First Naval Battalion. Ensign J. J. Boyd Of
the Second Division has been elected Lieutenant jun
Tor grade. The summer boat work OF the Third d.
vision. First Naval Battalion proved very valuable in
recruiting. The following men form this years Ex-
ecutive Committee: Coxsw aims. c. A Bill and George
f. Gilmore; Seamen. J. II. Birch, f. II. Bcdec. and f.
l. Townsend. Lieut. Barnard. commanding the Third
Div sion has been appointed Torpedo Instructor Of
the First Battalion by Commander Duncan.
The sun., 1897-10-31

The body OF Mills H. Landon, member of tho
collection agency of Lewis Landon OF Nassau
street. this city. was found in the bay on Friday
night latc and removed to Silyie's Morgue in
o. Decatur street, Brooklyn. leaves widow
He disappeared from his home on Oct. 81 and
nothing had been seen OF him un III his body was
recovered. II is not known whether he com.
mitted suicide or was accidentally drowned.
The sun., 1897-10-31
Levied ON = pAslenGer Locomotive.

BINGHAMToN. Oct. 3o.-Deputy United States
Marshal Foster S. Black levied on a passenger
locomotive yesterday afternoon. 1t was tho
engine that hauls the passenger train to Ithaca
from Owego on branch OF tho Delaware, Lack.
awanna and Western road. Tho passengers
were delayed few moments only, as Agent W.
H. Cory receipted for the levy. Tho levy was
made on an execution issued on II Judgment for
$4,000 in favor OF Susan ProbaSco, to whom
against the railroad company. The engine is
valued at $4,000, and will have TO be sold un-
less the Judgment Is satisfied.
The sun., 1897-10-31
Torpedo Boat NinslOw Very Easr.

BALTIMORE, Md. Oct. 3o,-The new torpedo
boat winslow. built at the Columbian Iron
Works. OF which Mr.. William t. Malster is
President has surpassed the expectations OF her
builders She made 25.3 knots Oh n builders
trial trip yesterday atternoon without extra
a broom iashed 10 her signal mast. She is re.
quired o make only "a Il knots, but for over one
hour ran 25.3 knots, which u very close to 30
miles an hour.
The sun., 1897-10-31
Mortality In Havana.

WASHINGTON. Oct. 30.-Dr. d. NJ. Burgess,
Sanitary Inspector OF the Marine Hospital Scr.
vico at Havana, reports that in the week ended
Oct; ~ here were AL deaths in that city, ll9
OF Intestinal diseases alone. Several OF these
cases, DF. burgess Observes, took On holerAic
sJmploms. due 10 the unusually bau hyEienic
Sonultlons prevailing in certain lociiiIiaa
rharS Wero six deaths from StArVAunA.
The sun., 1897-10-31

The following is list OF the referees appointed in
cases In the Supreme Court last week:
,IilStice

Henderson vs. Munson ...... Thomas G, Kenny.
Love vs. Huckel. el.................A. II. Sanderson.
Matter OF Giilet ...............Ch Charles n Morgan.
Butler vs. Banks. ................. Arthur Sweepy.
Gray VS. indianapolis S. Co. 80. James l.. Gordon.
Sturges Va. McCarty Franklin Bartlett
Post VS.. Da Costa George Gordon Battle.
Equitable Life Assur. Soc. VS..
Farley ...,...............,...., Edward Brown
Matter OF Roth h,.............. stephen H. Keating.
Mount VS.. Mount :...:.......... Richard NJ Henry.
Con. ................,.., Abner c. Thomas
Barbig vs. Glvelin ..............,N. T. N. Meiiis1
Matter OF Friend -. ,,...... Samuel B. Paul.
Matter Of Gilbert Mfg, co ......J John W. wari.
Steiner vs., Hammerstein ...... .Chauncey s. TruaI.
Kuvhne vs.. Cohlegh ........,...D ID. NICK. Garrison.
Nut. Life lns. Co. vs. Fredeu'
Rollins VS.. 7. ~ Melii"s.
Brandreth vs. Langan. Porte V. Ransom.
~ Justice Truur.
Ullmanu VS.. Hewlett t............H Hamilton odell.
Matter OF Harlem Library James y. Duross.
Matter OF Gerety ............ Isaac Bell brennan.
Frost va. Collins. -.......... Roger Foster.
Shepherd vs. Grunrhut ........ .Richard ". Henry.
SchnaZ vs.. Sakariascn. Daniel y. InEraL am.
Jackson vs.. irving ...,,...,...,. wilmer Mcbride.
Graef vs.. Leyinson ...;...;,.:. Saul Bernstein.
Bank Clerk CoOpc pcrative II. 4 j..
Association vs. Bloomfield. George H. Hart.
Kelley vs., Lynch. Thomss Allison.
Fisher vs.. Emmett t,..,.........,,E Ernest Hall.
Seymour vs.. Hopkins. .,..,...... George A. Hssey.
Orion vs. Wac ................. George A. HAsey.
Higgins VS. Miller r............... Fred II Kellogg.
Mater OF Pab-t ........,,,."..D Dani'l J.. lngrAham
Irons vs. Irons. s..............J Van vechten ocott.
Wandel VI. B!onk ,........,..., George Il. Morgan.
BY Justice Eeekman.
Matter of Grand boulevard aud
Concourse se............,,..... Arthur berry.
BY Justice Smvth.
Matter OF Francis B. D Dslahunty
Matter OF Brook avenue James d. Fessenden.
BY Justice Gild,rsiee~.
Holland Trust Co va MoIct Thomas Allison.
Bv Justice Laurence.
sheehy vs.. Rcgun ,...,..... Thomas Y. Donnelly.
nv Justice Nc cLduVhHn,
Petty s. & W. II. Co VS. Pbelan Thomas D. Hustled.
The sun., 1897-10-31
ANOTHER LABOR TRUST
One mig Union Trying TO Destroy n Small
Union.

Union.
Charges have boen made by the Gilders Union
that the Amalgamated Society OF Painters and
Decorators 10 trying TO create n new labor trust
The Central Labor Union will be asked % act on
the charges at its meeting to-day. The paint ers
who want to get tho gilders' work. caused the
dischurRe OF u number OF gildcrs at the new Del.
monlco building on Fifth avenue by threatening
a strike.
wages are higher than those OF the painters
Some time ago tho GildcrS Union agreed to
nllow union painters to do gliding at buildings
providing theY did not cause the discharge OF
giders 10 get the work. The giders now say
trying TO destroy the Gildcrs Union altogether.
The sun., 1897-10-31
MRS. CoNsIDINE's UNAUCK 10.

Ub0 LNbFD FaII.
Ing to Get Ono Additional Consent.
Justice Gaynor. in the Supreme C urt in
Brooklyn, yesterday granted the application to
revoke the liquor taE certificate issued to Mrs.
Considne. at Greene and Classon avenues. 1t
was alleged that she had not obtained tho con-
sents OF two-thirds OF the property owners within
200 feet OF the saloon. There arc twenty.one
dwellings within the 2Oo-feet limit, and Mrs.
Considine had the consent or ohly thirteen.
The sun., 1897-10-31

II BGHAc 4 noI he Is likely TO be on closer acauAInt-
Ance. The G-buie Publishing CO. OF Philadelphia aro
GetIius Vut MAJ nlf,ent new illustrated edition at
y W0nIe. fully lon prize. Send for specimen pages
Il tYpsE erk AAd nlnAtraunnA-- Ado.