davidaulloa/AmericanStories huggingface dataset:
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
TOLD THE FATAL NEWS.

The decision of the Court of Errors and
Appeals affirming the constitutionality of
a conviction for murder by struck jury,
was communicated this morning to the
convicted murdererS in the County Jail
who are affected by it. The question was
raised by Congressman DAILY and Lawyer
Joseph M. Noonan in the case of James
K. Brown, alias Preston, who killed
Policeman Gebhardt in Hoboken, but the
fate of Edward Clifford, the murderer Of
Superintendent William G. Watson. also
depended on it.
The condemned men, although consider
ably depressed, are somewhat buoyed
up with the hope that the lawyers will
take an appeal to the United States Su-
preme Court and the decision of the Court
of Errors may be reversed. Neither Con-
gresham Daily nor Mr.. Noonan could be
found today, so that it could not be
ascertained what further action, If any,
they propose to take. Justice Lfppin-
cott was not in Court and it was inn
possible to learn when Brown and Cliff
ford will be resentenced.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
coMMUNIPAW CROSSING.
Ordinance to Be Introduced Today
Bridge Grade Fixed.

The ordinance for the relief of the Lee
high Valley Railroad in crossing Conn
munipaw avenue at grade will doubtless
be reintroduced at this afternoons meet
ing of the Board of Street and Water
Commissioners Engineers have gone
over the proposition to create recrea-
tion pier at the foot of Communipaw ave-
nue. and pronounce it absurd. The plan
was to force the company to construct a
viaduct from west of the proposed cross
ing to the foot of the avenue at Phillip
street and at the end erect a recreation
pier.
To begin with there are railroad tracks
skirting the short front and it is reported
that it is only a question of a short time
when the bay will be- filled in to the ex-
terror pier line, thus putting an end to
all recreation on the inside bay.
The Lehigh Valley Company has just
made additional concessions to the Street
and Water Board. It wishes to do what
is right by the city and has agreed to put
the bridge over the Morris Canal at
Pacific avenue at a grade satisfactory to
the people of Lafayette, no matter
whether it is granted the privilege of
crossing Communipaw avenue at grade
or not This concession saves the city
$50 600 or more, and the Street and Water
Commissioners feel that the company
should be shown some consideration
the relief desired by the company will re-
suit in the building of shops, 1t is said,
which will give employment to hundreds
of men.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
Supreme Court Dismisses
the Writ Of Error Prev
iously Granted.
CALLS IT OBSTRUCTIVE TO JUSTICE
Prosecutor Erwin Says the
Petition for It's Issue was
Frivolous and Irregular.
Especial to ..The Jersey city News. y


TRENTON, March I, 1S9S.-The Court OF
Errors and Appeals after a long confer
ence this afternoon granted motion OF
Prosecutor Erwin of Hudson County, dis
missing the writ of error in the Cllfford
murder case. In granting the motion the
Chancellor said the Court did so on the
ground of the effect of the writ would
cause obstruction of the court of justice
in the State.
This is the second writ of error that
has been before the Court of Errors in the
Clifford case and the third that has been
taken out in the State Courts. The WITT
was taken out because the Supreme
Court refused to discharge Clifford from
custody in habeas corpus proceedings.
The writ was taken out in conjunction
with the certiorari proceedings in which
tho right of acting Governor Watkins to
issue death warrant was tested
Mr.. Erwin contended that the writ was
irreguiarly and improvidently issued, and
also that it was frivolous and had been
used to obstruct the due administration
of justice. '"The execution OF the law,
he continued, lis stayed by these pro-
ceedingS.' -
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
DIE d.

KEISS-On Sunday. March 5, 1899. after q
short illness, Margaret, beloved wife OK
George Kess, at her late residence,
No. % Rutgers avenue, Greenville, in
her saith year.
Church, ON Wednesday morning, at nine
o'clock
view Cemetery.
GERLACH--At Jersey City Heights, on
Sunday March s. 1899. after a short liz
ness, Elise M. daughter of the late
William and Mathilde Gerlach and be-
loved and only sister of Clara A. korn.
Funeral services Will be held on Tues
day. March 4 at eight P. NJ, at her late
residence, No. 43 Sherman place. Burial
private on Wednesday morning.
FOX-On Sunday. March 5 1899, Rachel.
beloved wife of Joseph Fox and be-
loved mother of Morris and lSidor
Fox ana Ida Cohen.
Funeral from her late residence, No. ~
York street, on Wednesday,, March ), Ut
1920 A. NJ. Relatives and friends, also
members of Charlotte Chapter, Q. E. 81
are Invited to attend
Please omit flowers.
GRAHAM-o Sunday, March 5, 1892 Els
len Graham. beloved wife of Henry
Graham and sister of Dennis Dempsey.
Funeral from her late residence, No. $40
Henderson street, on Wednesday, March
g. at nine A. M; thence to St. Marys
Church where a solemn mass OF re-
QUEEN will be offered for the happy re-
pose of her soul.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
HIS SUICIDE PREMATURE.
Had Jansen Consented to Live He
WouId Have Been Rich.

+ Clerk Rooney of the County Board of
Health, submitted to the Board yesterday,
a communication from General A. Feigel,
the German Consul in New York, asking
for information concerning Ernest jan
sen. 1t seems that Jansen had fallen
heir to moderate fortune in Germany
and his next of kin, having heard that he
was dead, desired to get proof of his
DEATH
1t has been ascertained that Jansen
committed suicide a short time before the
death of the relative who left him the
inheritance He had been employed as
drug clerk at No. 314 Seventh street,
Jersey City. Becoming tired of life and
a hard struggle against poverty, Jansen,
on June 80, 1898, swallowed dose of
oxalic acid and was taken to the City
Hospital AS he was unconscious and
unable to give his name he was registered
as an s.unknown'
1t is said that if Jansen had not ended
his life prematurely, the inheritance
would have kept him in comparative
luxury as long as he lived. The records
in the case will be sent to the German
GonSu1
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
NEW JURY DRAWN.
Men Who Will Try Criminal Cases
For Two Weeks to Come.

Although the Supreme and Circuit Courts
have shut down for the present term the
Criminal Court will continue to do busi-
ness for two weeks from next Monday,
and perhaps up to within a few days of
the opening of the April terms. A panel
of petit jurors was drawn yesterday by
Under Sheriff Heavey and County Clerk
Fisher, under the supervision of Judge
Blair. These are the names that were
drawn out of the box
Jersey City-John Folk, George Mills,
John Corridor. William Sohhch, Michael
McDonough, Andrew Wolff, William
Bale. Harry Payne, Henry Shields, Will
lam Murphy, Edward Kranz, John F.
Foley, Patrick Kennedy, James McAus-
land, Arthur Newkirk, Dennis Toomey,
Hetherington, Albert Toles, Patrick Nc
CURL, Thomas Hogan, William Hatfield.
Richard Coppinger, Timothy Foley
Frank Appleman, Michael Delury. Will
lam Hamburg, James Quinn, John F.
Burns, John Phelan, Uriah A. Post, John
Clancy, Richard Connell, William Doyle
Adam Ackerman. James Weldon, Mat
William McComb, Edward Lappin, John
Sammons, Robert Walsh, William Dali,
William j. Cook.
Hoboken-John Fallon. Matthew Reilly
Bernard Geraghty, Michael Egan, Daniel
Mccarthy, Archibald Wilson, John Nc
Rae George Holt.
North Bergen-Peter Ackerson.
West Hoboken-Herman Winkier
Bayonne-JameS Coxon, John Corcoran.
Town of Union-John Boylan, Otto
Fehr.
Kearny-James O'Neill.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
.HERSCHELL'S BODY HERE
Conveyed to the British Crui-
ser Talbot to Be Con-
veyed to England.

The body of Lord Herschell reached
the Pennsylvania Railroad depot in this
city, from Washington, at 40 this morn
ing, and was taken on board the British
cruiser Talbot, which will convey II 10
England The special train over the
Pennsylvania Railroad bearing the re-
mains was met at the station by the
British Consul-General Percy Sanderson,
Commodore ]. w. Philip, commandant OF
the New York Navy Yard, Lieutenant
Commander Kelly, U. S. N, and detach-
ments of British and American marines.
On the train in care of the body were T.
W. Cartwright, Secretary of the JOINT
High Commission appointed to settle dis
putes between this country and the
Dominion of Canada; H. Williamson. Sec
retary to Lord Herschell and the dead
peers valet The coffin was enclosed
in a mahogany case having on it a plate
with this inscription
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
Farrer Baron Heschell
Liverpool, England.

''.'..'.''''''
The casket was placed on truck es-
corted by a detachment of American mar
ines under the command of Lieut.. Lane.
Tt was lowered to the ground floor, Wnefe
formed in line was detachment OF sail
ors from the British cruiser Talbot. These
men having just come from the Bermudas
wore big straw hats and blouses, but they
didn't seem to mind the cold.
AS the coffin was taken from the
elevator six brawny British tars slipped
forward and one of them put over the
coffin the flag of old England. Then
while the American buglers sounded The
CALI the drummer beat the four rufies
a distinctive mark of mourning, and the
marines presented arms, the sailors lifted
the coffin on their shoulders and walked
slowly to the Government tug Narkeeta,
which lay at the Adams Express pier
On the forward part of the tug the comm
was placed and before the little vessel got
very far on her journey to where the
Talbot was lying, at Ellis Island, the
silently falling snow spread white pail
over it,
sailing of the Talbot, but she may be de-
layed on account of the storm.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
RUDYARD KIPLlNG'S CONDITION.
Guarding Against Possible Re-
lansa--LittIa Girl Improving.

NEW YORK, March Z 1S99.-Rudyard
Kipling's condition continues to improve.
f. N. Doubleday, who has been with the
author almost continually since he was
Frustrated, said early today that the
night had been a restful one for Mr.. Kip
ling. The patient, however, is as closely
watched as ever, to guard against pos
sible relapse, to which he will be liable
for a fortnight or more Elsie, Mr. Kip
ling's three-year-old daughter, is reported
as progressing very favorably, having
slept well last night.
Mr.. Doubleday, in Difference to the
wishes of Mrs. Kipling, refused to give
any niforma ton regarding the arrange
ments for the funeral of Josephine Kip
ling 1t is the mothers wish that the
funeral be private, but she fears that,
owing to the public interest in Mr.. Kip
ling, the church in which the service for
the dead is to be held would, were an
nouncement to be made in advance, be
crowded with the curious.
The child, Mrs. Kipling says, in no
sense belonged to the public, and she
wishes to avoid having the funeral take
on the character o ia spectacle.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
RAN AWAY FROM COLLEGE
Two Small Boys Want to See the
Sights of New York.

Two little fellows covered with coal
dust were locked up at 1890 o'clock last
night by Patrolman Reilly, of the Second
Precinct, at the corner of Grove and
Seventh streets, charged with being dis
orderly persons. The boys were taken to
the Second precinct police station, where
they gave their names as William Wat
son, aged 13, of Lafayette avenue, Balti-
more, and Fred Goodyear. aged IA of No.
1.24o Frankfort street, Philadelphia. They
were eating free lunch, secured at a near
by saloon.
When arraigned before the sergeant's
desk. the boys said they had ran away
from Girard College, Philadelphia, and
wanted to see the sights of New York, OF
which they had heard so much. Neither
had any money SO they were locked up
for the night. This morning the police OFF,
GERS furnished them with substantial
breakfast
In court this morning, the boys told q
different story. They said that they mad
been turned out of the college and were
afraid to go home and decided to run
away Watson's parents are dead ana ne
lives with relative. They ie1t Phlla-
delphia Sunday night.
Acting Justice Mccormack held the
boys until tomorrow in order that the
college authorities can be communicated
with.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
MAYOR HOOS
CONFIDENT.
Says Certiorari Of Water
Contract Will Show It's
Soundness.
PEOPLES INTEREST THE FIRST THING
Rumors of Other Suits Against
the Flynn Award Mys-
terious Conference.
PEOPLES INTEREST THE FIRST THING

The fact that the water contract is to
be certioraried at the instance of Fred
Spengeman has occasioned much COM
ment. No man in the city government
was more surprised than was Mayor Hoos
when he heard the news.
Mr.. Spengeman,'' said the Mayor, has
always been an advocate of pure and
wholesome water, and L am surprised
that he is the one to institute legal pro-
ceedings. by no means fear court in
quiry. On the other hand, 1 favor one,
and entertain no doubt but that such an
inquisition Will result in establishing my
position. l am compelled to say that so
far as I am concerned I used every pre-
caution to see that the city was protected
and l entertain no fear but that an in
spection of the contract will show that L
have left nothing undone that might con-
serve the interests of the city.
1.-THE making of 81, 000,0 900 contract was
an important matter to this city.
viewed it in that light and acted accord
ingly. 1 am convinced that the courts
will say that the contract is an advan-
tageous one. The only possibility is that
the courts will say l demanded the in
sertion of more protective points in the
contract than are set forth in the speci-
tications. However that may be, 1 felt
had solemn duty to perform and / per-
formed it to the best interests of the
people of this city. l feel that l have
done my whole duty and l do not regret
any step have taken.
Il looked for the institution of suits
from other sources than from Mr.. SPENCE
man. He is a property owner and a man
interested in the advancement of Jersey
City. "A suit from no other source would
have surprised me more. However, hope
the question will be decided to the salts
faction of Mr.. Spengeman and to the COM
plete satisfaction of everyone who owns
a particle of land in the city"
Counsellor Thompson, representing Mr..
Spengeman, is in Trenton today, prepared
to make application to the Supreme
Court. w. D. Edwards, counsel for Mr..
Flynn, is also there, and so is John Wahl
Queen, the City Attorney. He is there
in the interests of the city. An effort is
to be made to have the suit settled at
once.
Since the lawyers engaged in the case
are both in Trenton today, it was not
possible to see the papers so as to get
a. the grounds for the application.
George B. Inman, Lebbeus B. Ward and
Counsellor Chas. ]. Peshall held a confer
ence yesterday, in Counsellor T. McEw-
ans office relative to a suit similar to
that of Mr.. Spengeman, but none of the
participants would say anything.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
CHOATE SEES THE QUEEN
New Ambassador Makes His
Debut at Windsor--Graci-
Gus Reception.
[By Gable to The Associated press.l

BY cable 10 me ASSOclAteu fIeSS.1
LONDON, March I, 1Ss9.-The United
States Ambassador, Mr. Joseph H
Choate, returned from Windsor at noon
today, after having been formally pre-
sented to Queen Victoria and having pass
ed the night at the Castle. While the
Ambassador declines to give details OF
the ceremony or discuss his visit to the
Queen, he told representative OF The
Associated Press that he was greatly
gratified at the cordiality and gracious
ness of his reception. He also said 1t was
not true he carried special autograph
letter from President Mckinley to Her
Majesty, other than the usual letter or
credence.
The Master of the Household, Colonel
Lord Edward William Pelham-Clinton,
received Mr.. Choate at the Castle and
conducted him to the apartments pre-
pared for his use. Shortly afterwards
word was sent that the Queen was ready
to receive him and Mr.. Choate proceeded
to the Audience Chamber, where he found
the Queen, Princess Beatrice and the
MARQUIS of Salisbury, who presented him
to Her Majesty. The audience lasted
few minutes and then Mrs. Choate was
sent for, having accompanied her hus-
band to Windsor, as cabled to The AS
ISOLATED Press yesterday afternoon, and
the Duchess of Buccleugh, the Mistress OF
the Robes presented her to the queen.
leaving Mrs. Choate with the Queen and
Princess Beatrice.
Later in the evening, Mr.. and Mrs Mrs;
Choate, Mr.. Henry White and the MARQUIS
Of Salisbury. the Marchioness of Sails
bury. the Earl of Hopetoun. LORD Cham
beriain, and the Duchess of Buccleugh
were the guests of Her Majesty at dlnner:
morning. Mr. and Mrs. Choate visited the
royal mausoleum at Frogmore ana TINS
afternoon they called upon the Duke ana
Duchess of York.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
SEQUEL TO SMALLPOX.

John L. Klein, of No. 11S Liberty
street, Town of Union, has reaped the re-
ward of his devotion to his sweetheart,
Lena Geiger, of Fisher avenue, New Dur
ham, and the young woman is now Mrs.
Klein.
1t will be remembered that VEN Miss
Geiger was stricken with smallpox. on
December so, last year, Klein visited her
regularly until he too contracted the dis
ease Then they were both quarantined
each other until they were both pro-
nounced convalescent. That was on Feb
ruary 20, this year.
Three days afterward they We're mar
ried by Justice of the Peace Eichmann.
The marriage was kept quiet because the
young couple thought that the notoriety
they had obtained through the smallpox
episode was quqite sufficient.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
HOOS' WALKOvER.
He Is the Only Applicant for
Mayoralty Petition--Prim-
ary Arrangements.

Mayor Hoos today procured from Score
tary P. H Murphy. of the City Commit
tee a blank petition for nomination for
Mayor. Mayor Hoos is the only gentle
man who has applied for such petition
and it is taken for granted that he will
be the only nominee. Leader Davis will
doubtless attend to the filing of the docu-
nent for the Mayor.
Who the petitioners will be is not
known. but they will all be representative
business men. The Mayor has been
pledged the support from the most unex-
pected quarters and he feels that he will
win without much difficulty. He will leave
no stone unturned, however, to pile UP a
big vote for himself and all the others on
the ticket, for the general good of the
party.
The petitions of Commissioner Heintze
and Mr.. Sullivan will be filed on Thurs
day Leader Davis will have everything
in readiness for the primaries March Is.
The scramble for Aldermanic nominations
will be interesting particularly in the
FIRST, Second and Twelfth wards
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
STRUCK JURY ACT
Court Of Errors and Appeals
Decides it is Consti-
tutional.
NO RESPITE FOR BROWN
DAILY May Garry the Case to
the United States Su-
preme Court.
[specIal to ..The Jersey cify News. Fl

Especial to 1.-THE Jersey City News
TRENTON, March Z, 1S99.-One of the
most important opinions rendered in the
Court of Errors and Appeals, yesterday
was in the celebrated Brown murder
case. The Court affirms the conviction
of James K. Brown, who killed Policeman
Gebhart, of Hoboken. The officer was
killed while in the act of arresting Brown
on suspicion of being a burglar.
The opinion, besides it's effect on
Brown, is important from public
standpoint, inasmuch as it determines the
constitutionality of the struck jury act.
Congressman DAILY, who was Browns
counsel raised the point that his client s
constitutional rights had been invaded be-
cause of his trial before a struck jury.
TIE Court decided otherwise, and held
that the struck jury act is constitu-
tional
In deciding the matter the Court
voted on two distinct propositions-one
as to whether trial by struck jury is
an invasion of a mans constitutional
rights, and the other as to whether that
portion of the act limiting the number
of challenges to five is constitutional, in
view of the fact that under the common
law twenty challenges were allowed.
On the first point the Court was a
unit, holding that struck jury was a
perfectly legal means of trial. On the
second point, Chief Justice Magic, JUS
tice Dixon and Justice Hendrickinson
dissented, and held that that part of the
struck jury act limiting the number of
challenges to five is unconstitutional.
The remaining members of the court
sustained the act in all its parts
Congressman Daily was in the city
yesterday afternoon and was greatly
disappointed when he heard of the
Courts decision. He is now consider
atng the advisability of carrying the
case to the United States Supreme
Court.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
OLD MAN COMMITTED SUICIDE.
Henry Take Shot Himself in Hobo
ken Last Night.

Henry Take, rs years old, single,
German by birth, committed suicide, at
six O'Clock last evening at his boarding
house, No 207 Seventh street, Hoboken,
bv shooting himself twice in the mouth
with a 80 calibre revolver. Death was al
most instantaneous.
Take was night watchman. He
boarded with Mrs. Lehman. He had
been suffering from acute rheumatism for
wears. and of late had been very despon-
dent. Several times during the past
week he threatened to take his life, but
little attention was paid to his threats
About dusk last evening he went into
the cellar of the boarding house, and
few minutes later two pistol shots were
heard. The boarders who ran to the
cellar found the old man with a revolver
cjI1tched in his hand and blood flowing
from his mouth. He was gasDing g, for ,a
But before it arrived the old man had
breathed his last. Coroner Hoffman,
was notified and took charge of the re-
mains.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
GAS PIPES EXPLODED.
Fortunately Mrs. Corooran Was Not
Injured.

The residents of the five-story apart
ment house, at No. 277 Eighth street,
were startled this morning at the sound
of a loud explosion coming from the top
floor. The rooms are occupied by Mr.. and
Mrs Robert Graves Corcoran.
About 10:4O o'clock, Mrs. Corcoran, who
was busy in the kitchen, received quite
a fright and rushed into the front room
where she found the floor covered with
plaster, which had fallen from the ceiling,
the room was filed with gas.
The tenants who heard the noise rushed
upstairs to learn the cause. Roundsman
Driscoll answered and made an investi-
CATION He found the gas pipe leading
from the meter to the chandelier had ex-
ploded. The room was badly damaged.
No cause is given for the accident.
The house is owned by Joseph Keno,
who resides there. No one was injured
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
FAYNE MooRE's AccUsER.

NEW YORK, March T. S199.-Assistant
District Attorney Mcintyre said today
that he is satisfied that Martin Mahon,
the complaining witness against Mrs.
Fayne Moore, is in Atlantic City, evad-
ing service of subpoena. Detectives are
looking for him but have been unable to
find him.
Mr. Mcintyre said he had been informed
that lawyer in this city had advised
proof of this. Mr. Mcintyre said he
would go before the Supreme Court and
complain against the lawyer.
The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-03-07
DAVID SMITH IS HAPPY.
His Lost Horse and Wagon Return-
ed to Him Last Night.

David Smith, of No. 40 Seidler street, is
once again happy. Saturday he hired
rig to John Kenny of No. 200 Monticello
avenue, and Kenny got intoxicated and
abandoned the horse and wagon. Yester-
day Smith preferred charge of grand
larceny against Kenny for losing his
property.
Last evening, however, Smith saw an
advertisement in local paper announcing
the finding of horse and wagon on Clin-
ton avenue, Saturday night. Smith went
Phillip street, and recovered his rig from
Mr.. Edward Babcock.
Mr. Babcock said he found the horse
wandering aimlessly along Clinton avenue
and took it to his stable and then inserted
an advertisement. 1t is thought that
Smith will withdraw his charge against
Kenny