davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
SCANNELL FREED ON ERROR
INDICTMENTS AGAINST COMMISSIONER
AND MARKS DISMISSED BECAUSE
ORDWAY WAS IN GRAND
JURY ROOM.

Justice Gilderseeve in the Criminal Branch
! of the Supreme Court yesterday dismissed the
indictments recently found against John j.
Scannell, the Fire Commissioner. and William L.
Marks, the friend of Mr.. Scannell and agent
for the sale of supplies to the Fire Department
The dismissal the technical ground that
the indictments were found in violation of the
Code of Criminal Procedure. in permitting
Samuel H. Ordway, who special counsel but
not an Assistant District-Attorney, to present
evidence to the grand jury. The dismissal OF
the indictments does not prevent other indict-
ments against Scannell and Marks, as leave is
given to the Distrct-Attorney to resubmit the
case to the grand jury. In his decision, dis
missing the indictments, Justice Gildersleeve
said
The only persons who permitted to be
present during session of the grand jury when
the charge is being considered are first the
court second. the Dfstrict-Attorney; third, the
witnesses.
l am unable to find anywhere in the statutes
of this State declar ltory of the official rights
and duties of the prosecuting officers or TINS
county, any other than the single expression,
"Dstrict-Attorney' Strictly interpreted. this
might be held to he only one man. In my
opinion however it includes every duly ap-
pointed ard uualifed District Attorney en-
powered to act for and represent the District
Attorney.
1t is not denied that Samuel H. Ordway was
present and conducted the cases against these
defendants before the grand jury. examined the
witnesses. and advised the grand jury upon the
questions which arose. Mr.. Ordway was not the
District Attorney, he was not an Assistant Dis
trict-Attorney. he was not the court he was
not n witness. He special counsel en-
rloyed by the District-Attorney.
1t would be exceedingly dangerous to allow a
general delegation of prosecutors powers 10
any member of the bar private individual,
and thus permit private counsel to conduct in
quiries before the grand jury
The statute is explicit and mandatory. 1t
leaves discretion with the court, but declares
that under circumstances like these indictments
must be set aside.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01

RESIDENTS OF THAT FASHIONABLE PLACE MUG
EXERCISED OVER THE FREQUENCY OF FIRES

RESIDENTS OF THAT FASHIONABLE PLACE MUCH
EXERCISED OVER THE FREQUENCY OF FIRES.
The wealthy residents of Orienta Point-on- the
Sound are greatly disturbed the frequent
attempts that are being made TO burn their prop
erty, and it is likely that the town authorities of
offer reward for the apprehension OF the fire
bug The incendiary tried TO burn the large
stables the country home OF c. II. Cafin. and II
was by mere chance that the fire discovered
and extineuish A colored coachman discovered
the blaze at II 80 o'clock in the night and aroused
Mr. Cafin; VINO was asleep. The rich man and
his servants fought the flames and put them out
II was found that a large box filled with
celsior and saturated with oil had been placed at
the side of the building and set afre. The irebug
Peter F. Myer Mr.. Cookers partner, and had
dragged it several hundred yards to the Caff1n
property.
Only a few weeks ago the large stables OF Henry
Darlington the Pittsburg horsenan were burned
at Orienta and he lost seven horses and ponies
valued at $4,000. besides the buildings and car
riaees which were worth $50 600 The fire.
men at the time thought that the FIRE caused
by the discharge of fireworks from some of the
said that he thought the fire the work
of an incendiary and the recent fires have con-
frmed his suspicious The Mamaroneck police
believe that the fires being kindled by dis
charged or demented servant employed by some
OF the wealthy families on the point.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01

THE METROPOLITAN OPERA HOUSE is
CLOSED AND THE BALLET GIRLS TALK
OF THEIR SALARIES.

The Metropolitan Opera House all dark and
there The Ladies' Paradise the musical ex-
travaganza which has occupied the stage for two
weeks. The discontinuance of the performances
seems to be due TO d lack of inspiration from the
financial department When the production
first announced ii said that a ballet TO so
with it, but when the time for the opening the
ballet was not ready, although it had been re-
hearsed for several weeks. The rehearsals still
went on, and the ballet would doubtless have been
seen eventually if the Paradise" itself had not
been closed to dancers, singers and actors alike.
Five young women who said that they had been
appointed a committee to what could be
done toward collecting salary which they say is
due them from Alfred f. Aarons, the manager,
called the Jefferson Market Court yesterday
afternoon and procured q summons for MIR. Aarons.
They said that with about $50 other young women
and twenty-five children, they had been rehears-
ing for weeks in the ballet and accordin to
the contracts which they made with Mr.. Aarons.
their salaries should have begun on September Ii.
Yesterday morning, they said, when they pre-
sented themselves at the Metropolitan Opera
House as usual they met by the ballet mas
ter who read to them letter from Mr. Aarons, IN
which he said that account of financial diff
culties. the piece would not be put on and that
there would he work for the girls. The COM
mittee was then appointed to what could be
done toward collecting what they thought was
due them.
gave them summons and they went away in
high glee.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01

BUT IF MURPHY DOES NOT ACT ON
CHARGES AGAINST DEVERY VAN
WICK WILL NEXT HAVE
4 CHANCE

The Merchants Association of New-York will
not wait long for action by Police Commissioner
Murphy the charges against Deputy Commits
sioner Devery which were filed with him. When
Commissioner Murphy sent the charges to Cor
poration Counsel Whalen. asking for advice, it
was supposed that he wanted to shirk response
bility for action. but Mr.. Whalen sent the
charges back to him with statement that he
needed advice, but could act he fit
having the power to remove Devery keep him
at pleasure, charges or no charges. 1t was ascer-
tanned yesterday that the Merchants Associa-
ton about ready TO file charges against
Devery with Mayor Van Wyck, the official re-
sponsible for both Murphy and Devery. If the
Mayor did nothing, it said there might be
appeal to Governor Odell.
Commissioner Murphy said yesterday that he
probably would announce to-day some decision
the charges. There would be no further de-
lay in making a reply to the Merchants Associa-
tion he said, but he would not indicate what his
action on the charges probably would be.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
CALLS DISCOVERY "M4RE'S NEST
GEOPGE C. HURLBUT COMMENTS ON VI
GNAUD'S BOOK ON COLUMBUS

GEORGE c. HURLBUT COMMENTS ON VI
GNAUDS BOOK ON COLUMBUS
Concerning the report that Henry vignaud, First
Secretary of the United States Embassy at Paris.
has written book which asserts that the design
Of Columbus which resulted In the discovery of
America not founded merely upon scientific
theory but upon absolute knowledge that land
could he reached by sailing to the westward, and
that the famous and much disputed Toscanet
letter of 147i not written by that astronomer,
George c. Hurbut, the librarian of the American
Geogra phical Society, says:
OF course, 1 cannot criticise book before I see
it. I believe. however. that NJ. Vignaua has dis
covered a mares nest. Long before the Christian
it known that the earth round, and
the fact accepted by all scientific men. The
geography Of Ptolemy distinctly sets forth this
point The Toscanelli letter, which was written
TO King Alfonso of Portugal, whether it
actually written by the astronomer or not, un-
on Ferdinand and Isabella Columbus was not
is question that he believed the earth
round and that land would be reached If he sailed
in westerly direction. partly. at least. because
of this letter. Time and again the authenticity
of the letter has been questioned, but to my mind
the point has never been settled-and never will
he
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
GOoD PROSPECTS or ST. LOUIS FAIR

St. Louis. Sept 3d.. r. Francis. president of
the Louisiana Purchase Exposition Company, has
returned from Washington. where he had a confer
tors. He says:
accord with fair. He realizes the magnitude
of the enterprise, and is eager to aid in every
manner possible. From his talk it developed that
he has been student OF the history of the Louis-
ana Purchase. and realizes the Importance of the
event which exposition will commentaries.
Tbs President assured of his hearty sympath thy
in our undertaking. He said that he would mention
the fair in his message tn Congress. and that in
mean time he would lose opportunity help
along, he worlds fair in foreign countries.
European representatives he said, would be fur
nished with credentials they shall
appointed President Roosevelt dwet the gov
eminent exhibit the fair and said that Congress
would have to make provision for this at its next
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
CAUSE OF TREASURY SURPLUS.
SECRETARY GAGE SHOWS THAT DECREASE IN
GOVERNMENT EXPENDITURES Has
BEEN GREAT.

Chicago. Sept. 3O.-Secretary Gage who is stay
ing a few days at the home of his son in Evanston.
before going Colorado TO spend his vacation.
said in regard the present large surplus in the
Treasury:
The prosperous condition OF the country must
be most gratifying. The decrease in the
penditures of the government, however, is a
salient factor the increase In the surplus in the
last three months. From June 30 TO September
Is the revenue amounted to $780, 600. The eX-
pendtures in this time s121, 10000. This
left OF N6,Ge0,000. In the period
in 1900 the receipts Sl39.000.000 and the
pendtures the same amount. OF course. the fact
must be taken into consideration that the revenue
for the last three months was under the lowered
schedule, that the 100000 recepts this year
represent a larger amount of business trans
acted than in the same time last year. when the
sl39 0G0 900 received.
Ii was estima ted when the present revised reVe-
nue. law put in force July that the
receipts from all sources would fall off some
$40 0p0.9o0 by reason of the reductions made. If
had been realized the receipts since that time
would have been s750O000 less S12s, 100000 Not
withstanding the reduction in taxes. the receipts
they We're year ago, while the expenditures have
decreased by ST 100000 for the same period.
Up the present time. however, the accumula-
ton of money in the Treasury, which would be
the natural effect at this time has been than
by the purchase of bonds In the open
market by the government. In the last three
months there have been bought bonds having a
face value of 900. for which over 24.oo0 900
was paid The actual cash in the Treasury has
thus been reduced and the present excess of reve-
nues over expenditures taken of for the time
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
..FLORODOR4" WILL MOVE.

The future OF "Florodora," which has been the
subject of anxious doubt for some weeks. mas
now been decided in what is said to be generahS
satisfactory manner. The trouble that TWO
contracts were made in good faith and arter"ard
developed an irrecorcilable inconsistency Floro-
dora. began It's at the Casino almost a year
apo with a contract that il should stay there az
long as the weekly receipts were maintained ABOVE
a certain point. Another contract was made Tot
the occupancy of the Casino by MISS Anna Held
and her company in ''The Little Duchess on
September 30 date afterward changed to oc-
tober L.
Nobody thought that 'F1orodora' would have any
use for the theatre for whole year, but the re-
cepts at the box Office persistently stayed far
above the mark agreed Accordingly the mana
gers OF the Casino found themselves in the CURIOUS
attitude of having legal right TO put Floro-
dora out of the house or TO keep The Little
Duchess out. 1t has now been arranged tnst
Miss Held shall have the Casino on OCTOBER IA.
and that 'Fiorodora'' shall be packed I'D and taken
to the New-York Theatre. where 1t can stay TIL
the pretty mafdens IN the sextet lose their COM
plexions and have To makeup II the public
still does It's part 1t has been doing Tor 20
many months.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
SITUATION IN BERGEN COUNTY.
DEMOCRATS NOT ACTIVE. BUT REPUBLICAN
STATE is ALREADY MADE UP

Hackensack Sept. 80 (Spocia).-The Democrats OF
Bergen County not showing any particular
siderable work is being done the inside 1t is
Assembly nominations have yet been selected
whereas the entire Republican ticket he named
with only bare chance OF any change on the day
of the county convention.
So far. the only Democrat of nomina ton
is eX-Sherif Isaac A. Hopper, for Sheriff. But
he may find opponent In the person OF ex-Assem-
blymau George Zimmerman. EX-Judge James NJ
Van Nalen has been mentioned likely candi-
date for Senatorial honors. but when questioned
this point he wished TO convey the belief that
II in the hands of my friends
The Democratic newspapers actively engaged
in effort to have their readers believe that
there is IA serious strife In the Republican ranks
but they don't show how this will benefit their
opposed to a denomination of Senator Edmund
Of William NJ. Johnson, when that stalwart
Republican made First Assistant Postmaster
General by President Mckinley
Assemhlymen Joseph IL Tillotson, of Englewood
nominated by the Republicans These representa-
tiVeS served their constituents well last year. and
will a second term.
Freebooter e. r. Solely, of Rutherford, will he
down three years ago and elected the only Demo
crat the ticket. But Soey will not meet such
reverse this fall.
Senator Watelee seems certain of a renomina-
ticn ara Bergen County is still claimed by the
Fepuh rs by "A good majority, the prospects are
rosy 70 "lother clean sweep in November
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
HARTMAN IT'S PRESIDENT
he WILL REMAIN AT HEAD OF SOrTH.
ERN PACIFIC UNTIL AN AyAILA.
BILE TRAINED RAILROADER
CAN BE FOUND.

1T became known yesterday that = s,,cces.c-
TO Charles Nj. Hays in the presidency Of the
southern Pacific Company from which Mr.
nays retires to-day. was elected several DAYS
ago IN the person of Edward Fl. Hartman II
Is understood that Mr.. Harriman's occupancy
or the office will be only TEMPORARY pending ,ha
seiecuon OF a trained railroad man who as
president will be able to devote his entire at
tention TO the task of operating the system,
MT Hartman. as chairman of the executive
committee or the Southern Pacific has since
last spring been the dominant factor in the d.
rection of the company. he is of the Union
Pacific. OF the board of directors of which he
is chairman.
1t was early in February OF this wear that an
nouncement was made that the so-cailed Har-
riman syndicate had purchased in the interest
OF the Union Pacific the Speyer and Hunting
ton holdings of Southern Pacific stock amount
ing TO about SiJ.OOo.0OO. par value; and few
days later it was officially announced that
Kuhn, Loeb & Co, had underwritten an issue
or s4oenOoo per cent Union Pacific converti-
BILE bonds the proceeds to be applied to pay
ment for the Southern Pacific stock acquired b.
Mr. Hartman and his associates. At the an
nuai meeting of the Southern Pacific Company
In April there were elected TO membership in
It's board constituting a majority in that body
MI. Hartman. James Stillman Jacob H Schiff
otto H. Kahn. t. Jefferson Coolidge jr. Wins
low > Pierce James III. Hyde and George ].
tTouio all directors of the Union Pacific. Ex-
tenslve plans for the physical Improvement OF
the Southern Pacific have been made by the In
terests that now control. and it is expected that
important progress will be made soon in the
direction of the unifcation of the two systems
Charies NJ Hays was elected president of the
Southern Pacific Company last fall succeed
ing the late e. p Huntington. whose death
occurred in the summer of 1900 and he entered
upon his new duties on January of this year
he came 10 the Southern Pacific from the
Grand Trunk. of which he had been general
manager.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01

MARITIME ASSOCIATION WTTHDRAWS FROM
CANAL ASSOCIATION AND COMMERCE
CONVENTION.

At meeting of the commerce committee of the
Maritime Association of the Port OF New-York YES
terday 1t was decided to discontinue the associa-
TONS membership in the Canal Association of
Greater New-York and in the New-York Commerce
Convention. President Kunhardt was directed 10
inform the officers of the associations referred to
OF the action of the Maritime Association.
Mr.. Kunhardt, when asked regarding his associa-
tion's action, said there had been no misunder-
standing or dispute of any sort The movement was
made in order that the Maritime Association might
be free in the future TO pursue any course that
might suit them. independent Of the other assoca-
tions. When asked if the Maritime Association had
any plans for future action Mr.. Kunhardt said they
had, but that he did nor to divulge them until
II evident what course the others Intended 10
pursue.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
ONE OF THE WOMEN FUGITIvEs CAUGHT.
SHE WITH A COMPANION WHO Is STILL FREE
ESCAPED FROM RAYMOND STREET JAIL
OVER 4 WEEK AGO.

Irene Clements. Of the two women who
escaped from the Ray mond Street JAN. in Brook
Iyn a week ago is again safely under lock and
key In institution At the conclusion OF long
celebration over her escape. the woman was early
on Sunday morning arrested in Harlem on the
charge of intoxication. When arraisned in court
her maudIin tongue betrayed the story OF her
escape from Brooklyn. Magistrate Crane heard OF
IT and informed Sheriff Walton The latter went
to Harlem personally yesterday morning, and. with
the assistance of a deputy took the woman back
10 Brooklyn. In the hope that she might os per
shaded TO tell what had become OF Nellie Wlllaus
who also escaped the Clements woman received
special attentions, such delcacies Tor her DIN
nar She was uncornmunicative, however. Sheriff
Walton is particularly anxious 10 recapture the
Williams woman. she had been convicted OF
grand larceny The Clements woman II cohiiiie"
only Vagarant.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
STRIKE on C4RNEGIEYS HOUSE.
WORK ON BUILDINGS FOR JACOB H scHIFF
AND. j. p MORGAN ALSO STOPPED.

NoRh On BUILDINGS FOR JACOB H. SCH1FF
AND j. p. MORGAN ALSO STOPPED.
fight started time ago by the Anal
gamated Association of Painters to wipe rival
unions out of existence has led TO strikes of
eral trades in more than a dozen large houses
in course of construction. These include the
Carnegie house. Ninety-first-st. and Fifth-ave :
Jacob H. Schiff's new house. at Seventy-eighth-
st. and Fifth-ave. and the annex to ]. Pierpont
Morgan's home. Madison-ave and Thirty-sixth-
st. These strikes directed against William
Baumgarten & Co, who have the contracts for
the interior decorations of the buildings in
volved
The Amalgamated Association of Painters is
affiliated with the Building Trades Council. and,
besides wiping out the Varnishers' Union. wants
TO drive out of existence the Paperhangers'
Union and a rival union of painters. in order to
get all the painting. vanishing and paperhang-
ing for its own members
Last week strikes of painters carpenters and
cabinetmakers controlled by the Building Trades
Council were ordered to force the discharge Of
the varnishers. The ornamental plastererS cho
are affiliated with the council. also quit work IN
svp1pathy None OF the strike have
grievances of their own. Mr.. Baumgarten gave
the strikers until yesterday to return to work
They failed TO do so. and he will NIL their places
to-day, he says
Baumgarten when the walking delegate Of the
Carpenters came along and ordered the men on
strike TO force me To discharge all my var
nishers | told him there were no varnishers
at work on this building, and he made the re-
contracts. they had decided to attack my con-
first.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
CONNELLS DEA1H CONFIRMED.
FAMILY OF NINTH REGIMENT OFFICER RE-
cEIvE WORD FROM WAR DEPART
MENr AND PHILIPPINES.

Confirmation Of the news that Captain Thomas
w Council Company c. 9th United States In
fsntry was among the slain in the Samar massacre
YES received by his family IA this city yester-
day Captain Connells father, David j. Council
is employed in the office Of the City Clerk at the
city Hall and lives with his wife and daughter
~ No Il South william-st. The family went to bed
On Sunday night in the hope that Captain Connell
had escaped but at breakfast yesterday morning
Mr.. conneu received a dispatch from the War De-
partment in Washington, reading, Your boy
Killed IN action" A few minutes later another DIS
n.,cb was receiyed from Frank Ramsay. quarter
master Of the 9th Infantry, st Manila, reading:
Tommy Killed yesterday. -
1-sntsin Connel and Qusrtefmester Ramsay had
Nsen ia ST friends They classmates at West
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
CHANGES AT SAN FRANCISCO.
GENERAL MANAGER KRUTTscHNrrT TO BE PRES
DENTS ASSISTANT.
DENTS ASSISTANT
lay TELEGRAPH TO THE rH1suw1

lBY TELEGRAPH TO THE TRIBCNEl
San Francisco Sept. S0.-The expected hegira Of
Southern Pacific officials from the general Offices
of the Southern Pacific Company took place to-
day Charles NJ Hays surrendered the presidency
of the company this afternoon and simultaneously
with his retirement f. III. Fitzhugh, assistant TO
the president relinquished his office and title Gen
eral Manager Kruttschntt have the title OF as
sistant to the president in addition TO his titles
of fourth vice-president and general manager and
the duties and responsibilities which have rested
on President Hays will be shouldered by him
Railroad men are telling each other that every
body has been Understanding kruttschnitt's In
huence with the powers in New-York The sur
prlslng thing however, is that Kruttschnitt al
though promoted TO position of increased dignity
and authority. has been turned down by Harri-
man in another direction. For several months the
present general manager has been endeavorfns TO
nave bars removed from the company's ferryhoats.
IN July ne issued a peremptory order requiring
the bar concessionaires TO close their places OF
chants appealed 10 President HAYS and Secured
stay of thirty days. Hays investigated the merits
or Inc bar controversy. and told kruttSchnitt To
proceed with his plan of closing them. The LIQUOR
merchants. however, secured additional staV of
thirty days in which 10 present the case 10 Harri-
man. ara the official announcement was made to-
day that Hartman had ordered the matter in
dennltely postponed, that the ferrybOat bars
VIII continue 10 do business.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-10-01
CLEARING HOUSE CHANGES.

A number of changes, none of them significant
in character. will be made in the various standing
committees Of the Clearing House Association at
the annual meeting this afternoon. 1t is rule of
association TO retire one members of these
committees each year, which gives the sixty odd
Institutions included its membership wider rep
resentation.
dent of the association of George F. Baker, presi-
dent OF the First National Bank. William n. Kim
ball who was president of the Seventh National
from the Craftsmanship of the committee on adnis-
sions Reports showing operations for the fiscal
year will be submitted by William Sherer, the
manager,