davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1901-12-07
NOLINEUX'S MOTION LOST
HIS INDICTMENT STANDS-HlS CooNSHH
CANNOT INSPECT GRAND Jukh
MINUTES.

Justice Newburger in General Sessloh'' a.
o. m Yesterday handed down q oecisiol ~
motion TO dismiss the indictment assliis'
Noltneux The motion to quash the III
dictment. or. as an alternative, for taEe - '
spect the minutes Of the grand jury. DUN ii'
tions were denied. The decision reviews the 'i.a
Of the case and the steps taken IN II up 10 ''ie
time of the granting Of a new trial by the Court
Of Appeals which reversed the Judgment u
conviction. The decision then says;
AS was said by Judge Gray. in the case OF the
People agt. Palmer. 100 \. v 4ls: ., t,stice
and the intent Of the law would be thwarted If It
should be held that reversal upon trial had the
ee eea of fI5 putting it out Of Of the peoPis
& to pThs tTy s em andef fRs
Of the defendants appeal is in the Appellate
Court and if the reversal of the judgment & Ed con con
ysfion f9ows that hsR fs bsen me annued
expunged by the Judgment Of the Appei5asd 5ad been
While s9d hfS he ndcmenf tn IS left to the
crime which baG hpd been efen NO tra
claimed however on the the aeraf paer or Judges ns Of
the Court Of Appeals upon question Of the
mission of certain Gn 'h IF that was the
intention Of the court under the power ~ - fnd@menf
i or Would tS eendan n9 ahd fdr his
ions of the several judges were idn mpon the sec
ond sdeq r aI ana gqe pe prevent admission Of rre
b of ef Messrs weeks and Carvaho
upon which the motion is based are d. d attemnt is
Of the proceedings had herein and an t nrodeed
ais hy aidavitS to reciIe tiie pio
inpS had before the grand jury. know OF no
practice that permits motion to De mace 1eins ao
dismissal of an Indictment upon affidavit aeglHg IL
what did occur and what might have oceu[Ied d ~ ~
the grand jury r9om The tdn 6eea can OF never be su
cient to warrant a inding that there Were ,rx I'M
or lack of evidence 10 support thelr iliuis tho
the application for o+nn an has been dis
posed Of adversely by Judge Banchapda on rfe
pIication made before him by the deferuailL- ~
leave having been obtained TO renew tne Hiptlot t
and no new facts having been stated IL VIII iio'
be entertained this time
District Attorney Philbin SAID tiia' ne
,,r,,,, ,Ieased with the decision. and that the
. ,.o,,,a no ratried He said il was, of course,
within the province of the incoming District Al
tornev to try the case. his term OF once was
too short for him to try It,
New-York tribune., 1901-12-07
ADVICE AGAINST REINSTATEMENT.

f,ornoration Coursel Whalen yesterday advised
Police Commissioner Murphy not 10 grant the ap-
nrcatton of Patrolmen John c. Henderson and
John II Lilly who were dismissed from the force
for demanding bIfbe money from a man named
Van Steenburgh for an engineers license. The
.nnellate Division of the Supreme Court decided
that the d!srnissals were proper. Henderson and
Lilly employed George w Davidson TO reopen the
case before Deputy Commissioner Devery, and
asked for reinstatement.
II was contended by Davidson, on behalf OF Hen
derson that his dismissal illegal. because
Magistrate Flammer gave him an honorable dis
charge and the Indictment which was subsequently
sound against him was dismissed the ground of
a recommendation from the District Attorney.
There was no testimony submitted to the conSid-
Grafton of the Deputy Commissioner, except the
papers from the District Attorneys Office, showing
shat on the return OF a verdict OF not guilty in
the action Of Lilly, the Henderson action was
dismissed
New-York tribune., 1901-12-07
cP4FF H4D UORE THAN S40.OO0.
HE ADMITS DRAWING THAT AMOUNT ff'oN
pANKRI-PT BROKERAGE FIRM

,notbar ofr2rt was made yesterday to determine
what became of s227,o0 of the accounts " - %
hankrupt brokerage firm OF G. Edward Gran * - 20
- Rafare. r L. TTlney, in the Federal Build
ING Rrooklvn. Mr. Graft was the only WITNESS oii
the stand and cross-eXamiled py eA7
Augustus Van wyck who appeared for several
,a;,ors He testified to the different accounts
from which he drew money one was tle W. - i
ward Craft personal real estate account 'he M MT
antrv IN which was item dated April 'o' 1871
t,-, that a check for 81 S77 81 had been drawn IN
go or p IT NcNuty Graft said he went lnto d
aoo1 utb Nevins to purchase some property III
g. OCEAN Roulevard and invested that amount
1Ia rod naver seen the property, did not kho" no"
-,,,cb there was of il. whether the purchase
bod actually been made. He said he had ioi oiso'te-'
,ba raa1 estate account and had not considered II
NJ sufficient importance TO place IN the Soi
of his disbursements.
,,otber account from which he drew money was
the Graft special account No. ,. From this he ore"
(, oon with which to open the Brooklyn once III
Tanuary 1895 At all previous hearings vi tIa il
tastified that he did not know Waere tt!c iii III
came from with which the BroosiSn o!ne ..,e hooks
onened new account was founo on ..ie 80
veSterdav king in all ABOUT ten accounts ~, =.
different names conducted for the Deii"T' nnnd "
Arm This was the Nevins cash speeciai ,ttorinc >tti
r On January 19 1897 by a check from T. r. NevLlT t
for so 600 Mr. Graft could not reno 1ipeI go ~
his check nor what disposition "a DFtIl u q &C lid
it. 1t probably deposited IN sons soa ';ra said
Nevins received profits. but between
onS Nav 1901 he received $4,000. Ihe tiNuemu9 @
were maid to Nevins at the option OF tIrdL et III ~
raneing from $50 to $3.50 month. The prohoSd d1i ~
the business from July. 1879 to May, i"l ~ noo of
ton TO the sum given to Nevns. were sooS, ~ 200
From the balance dividends We're pald 10 oditE
Mct,artV and Squres, according to the witness
New-York tribune., 1901-12-07
SAYS COPY or EVIDENCE NOT NEEDED
PROSECUTOR ERWIN DECLARES GRAND JURY
HEARD WITNESSES AGAINST SULLIVAN
IN PERSON.

Charles S. Furst, foreman of the Hudson County
grand jury which Judge John \. Blair recently re-
buked for its failure to indict Eugene sullivan
charged with pOolselng, yesterday said that Prose
cUtor Erwin had failed to furnish the grand jury
with a stenoEraphc copy of the evidence against
Sullivan, though ne had been asked for H. Nhen
Mr. Erwin was informed of this he said: The
stenographic report of the evidence taken IN the
Grand iury room is never given out 1t is for the
snecaI information of the and for the bene-
III of the Prosecutors office in drawing indictments
and Dreparing cases for trial. No copy was Inade
AZ this hearing because the court and the froSe-
cttor had the report taken when the case was pc
fore the previous grand jury. As Tor the receni
grand Jury ii did need copy II had neaLu
the witnesses in person and was idiIllar With IHe
case in all its details
New-York tribune., 1901-12-07
LONG FIGHT GETS POLICEMAN IN COURT
GRAND JURY INDICTS OFFICER CHARGED
1 WITH ASSAULTING VETERAN

Nicholas Callan a patrolman attached TO the
c.rand-ave urecinct Brooklyn, was indicted oy
the grand Jury yesterday morning on charge
of assaulting Captain Michael F. O'Rourke. OF
the 9Th Regiment Veteran Association on the
morning of March 10. The Indictment charges as
sault in the second degree. Callan was brought 10
the County Court before Judge Asplnah IN IuII
uniform by his lawyer James A Murtha, who had
saen directed 10 produce him. He pleaded not gull
- and was held IN 81 900 bail. which was furnished
DC James Shannon. ,. l,ra
CsDtain o. Rourke time ago brought Callan
nm on charges before Deputy COMMISSIONS ork
York heard the case and held his decision back for
one hundred DAYS. Captain ORourke declares that
Work refused TO hear Of his witnesses ana
g-aTe him little consideration. The was then
taken 10 The police courts but could not be acted
anon because il had been dismissed by York.
New-York tribune., 1901-12-07
FROM FRYING pan INTO f1RH.

ALLEGED SWINDLERs. DISCHARGED BY MA'l0
TRATE. ARRESTED BY FEDERAL OFFICER.
Frank Dillon, of No 2O5 Greenwich-st' and Iohll
r Barrett OF No. 593 Bainbridge-st.. who were ar
rested a week ago for being members OF a gang Oh
alleged swIudlers who operated get rich quick
concerns were discharged by Magistrate Brann In
the Centre-st court, yesterday. at the request Oh
Detective Sergeant McConviile. of headquarters
The men were Immediately taken into custody by
Insnector Ashe of the Postof1ce Department, and
DenHty Marshais CIebhardt and Hinning. They are
to be prosecuted by the Federal authorities Tor
usng the mails for illegal purposes Henry i.
McCauley who was arrested with them Is OUT on
bail awaiting examination in the police court on
necember II When that time comes he VIII proba-
hly he discharged and taken into custody by the
United States authorities Dillon and Rarrett We're
arraiened before United States CommlssoT er
Shields pleaded not guilty, and were held IN s'"'
bail each for examination
New-York tribune., 1901-12-07
WOM4N STOREKEEPER GONE.
SHE WAS ARRESTED FOR swINDLING. BUT
DENIED THE CHARGE

Mrs Theresa Sack. who kept a drygoods store
at No. 26i Newark-ave-. Jersey City. yesterday
closed the place and disappeared IL is believed
that she has either gone West or sailed for Ger
many Mrs Sack was arrested week ago, charged
with swindng several merchants OF this city out
of goods valued $4,000 1t was charged that she
bought the goods credit, giving notes. AS soon
as the goods delivered, at her store Ii was
said that she had them carted to this city, where
she sold them for cash.
Mrs. Sack denied that she had swindled any
one. She said the notes she had given had not
yet matured In the absence of evidence this
point the continue and Mrs Sack was
paroled in the custody of Isaac GOldeHhOrn, her
counsel. Morris London, Mrs. Sacks business man
ager who is charged with aiding her. was ar
rested in this city about the time, and Is
now locked up in the TOmbs awaiting examination.
New-York tribune., 1901-12-07
pIrrsRERG FREIGHT BLOCK4DE EaOKEN

pittsburg Dec 6-Trafic was moving promptly
to-day on the railroads recently anected py the
suitcbmen's strike and the freight blockade is
ba,,g ranidy cleared The five departments of the
Homestead Steel Works. which closed down on
"Wednesday account of inability to get the neces-
sarv transportation. have resumed In full and the
mills in the Lawrenccville district are IN better
shane than any time in the last ten days Leon
ard Ames first vice-grand master or the Switch-
mems Union. stated to-day that the grievance com,
mittee was comforting with the officials or several
iinss and within two days he thought every man
would be at work. officials of the railroads al
fected by the strike would not discuss the proDa-
hilitv of settlement. the ground tnat as lar as
the lines are concerned the strike had been broken
New-York tribune., 1901-12-07
ENGINEERS ELECT OFFICERS.

Mechanical Engineers ended yesterday. Officers
were elected as follows: President, Edwin Reyn-
oids Milwaukee; vce-presidents Germs expire 1909,
wifred Lewis Philadelphia; II. E. Cooley, Ann
Arbor Mich. and NJ. p Higgins. Worcester. Mass
treasurer. william II: Wiley. New-York. and man
ayers !terms expire 1883. r. S Moore; San Fran
Corbett; BROOKLYN. The presidents holding
Watt. New-York; James NJ. Dodge. Philadelphia,
and Ambrose 6wasey. Cleveland. The managers
Somerviile. Mass: John A. Brashesr Allegheny,
Penn and Alfred H. Raynan. Washington: class
OF IeoS-W. r. NJ. Goss. Lafayette Ind: De Courcy
May. Camden. y. J.. and D. s Jaeohus. Hoboken,
New-York tribune., 1901-12-07
MANY LABOR RESOLUTIONS.
No LESS THAN EIGHTY EIGHT PRESENTED AT
FEDERATION CONVENTION.

Scranton. Penn Dec. G.-Thc convention or the
American Federation of Labor disposed of conSld-
.-,b,a business to-day Two sessions held
The afternoon one adjourned early so that the
committees which announced by President
Goupers could organize and take up the work
that has been laid out for them The feature OF
,h. dav was the address of Edward +. McSwecney
U.nr,v Commissioner OF Immigration at the Port
Of Nex-York on the subject of immigration
In the course of the two sessions eighty-eisht
resolutions were presented and referred TO COM
,nittees They cover nearly every variety oi SUP,
iects that affect workmen. one of them continued
a denuuciation of Wu-Ting-fang the Chinese MIN
ietar for an alleged derogatory remark against
the American people and another conveyed tiiS
SINCERE and hearty thanks of the federtuoh OF Hot
Jahor to President Roosevelt for the position ne
took in his Message TO Congress on the question
of( exclusion. The committee on creueltltS
made another report contested seats at the
afternoon session, and its recommendations wtTe
accanted except in one instance. There remain
only two contests TO be acted upon ana they were
postponed at request of the persons Interested
New-York tribune., 1901-12-07
4 YALE M4N KILLS HINSELF.
CIVIL. SERVICE CLERK FOUND DEAD BY
HIS MOTHER.

Henry II. Conroy, clerk in the civil Service
ce committed suicide yesterday morning ps
inhaling gas at his home No 443 Nln'h-s'''
Brooklyn 1t was said that Mr.. Conroy was an
tnveterate cigarette smoker, and had been drink
ing heavily Of late. Conroy, who was single ana
lived with his widowed mother IN the NlnlH-s'
house, received his months salary iast raIf Satu
daT and ar once proceeded to enjoy himse1
with a number of friends When it was all over
he seemed greatly depressed and on Thurs9aS a
morning, Mrs Conroy, smelling gas, found M her
SON unconscious with a rubber tube from the
gas let in his mouth A doctor was calleu' anu
found the dea . II, 200.
Mr. Conroy was forty-two years oid- he Mas
a graduate of Yale University, and at one uliie
had an office an expert accouht'i'' "
WeI-St.
New-York tribune., 1901-12-07
Ten mos. ending with Oct
EXPLOITATION OF KENTUCKY WHIsKEr

Louisville. KY, Dec. CA deal has just been
completed between the Kentucky Distilleries and
Warehouse Company, the "whiskey combine, and
Louisville warehouse company for the exporta-
ton of seven thousand barrels of the spring 80
and fall "a whiskey TO the foreign warehouses of
the company at Hamburg and Bremen, Germany
The shipment is made in order to avoid the pay
ment of taxes these goods, which would
be forced of bond the eight year period hav-
ing nearly expired This is the largest single
portat:on of Kentucky wh!skey ever made. 1t ap-
proximates 25O,000 gallons
New-York tribune., 1901-12-07
RISKS LIFE FOR CHILDREN.
CONSTABLE LEAVES PRISONER IN STREET
AND STOPS A RUNAWAY TEAM

South Amboy, Dec. (SpeciaD.-While on
his way to the county Jail with a prisoner to-
day, Constable James Roberts stopped runa-
way team at the risk of his life Two horses at
tached to a heavy coal wagon were startled by
the steam from locomotive, and made dash
down Broadway. There were a number of school
children directly in their path Roberts let go
of his prisoner and sprang to the horses heads
They dragged him some distance before he sue
ceeded in turning them into a pile OF lumber
and stopping them
When the horses had been secured Roberts
turned to look for his prisoner, and found him
where he had left him. The man had been SO
interested in the incident that he made no at
tempt to escape.
New-York tribune., 1901-12-07
BISSERT MAY GO TO SING SING TO-DAY

District Attorney Philhn received word from
Washington yesterday that the United States Su-
prene Court had issued the mandate in the Bissert
case and that il would probably reach him to-day.
This is the formal action following the overrulins
OF the haheas corpus proceedings by the Supreme
Court With the arrival ot the mandate there wiii
he nothing remaining. far is known, to
strain the Sheriff from transferring Bssert to Sing
Sing IL is thought that Bissert Will be sent to
the prison to-day Monday.
New-York tribune., 1901-12-07
SHOWED SIGNS OF LIFE AFTER HANGING.

Little Rock. Ark. Dec. 6.-"Bud' Wilson the
convict who killed R. II. Naylor, a guard OF the
Yell County convict camp last December, was
hanged to-day at Danville. Twenty minutes after
.h tran was snrung the body was lowered into
a coffin Before the lid placed on the coffin
the body began moving about Wilson opened his
ewes and his whole frame shivered. He was taken
from the coffin by the deputies and carried up the
stems to the scaffold for the purpose or hanging
him again. When the platform was reached the
then became limp. Wilson examined care
fully by the physicians. who finally pronounced
him dead death having been caused by strangu-
latj
New-York tribune., 1901-12-07
FREIGHT WRECK SMASHES oARs
ONE JUMPS THE TRACK AND THE OTHERS
PILE ON TOP OF IT-PASSENGERS
SLIGHTLY INJURED.

Whtehouse. Dec. (SDecaD.-A train OF mixed
cars on the Rockaway Valley Railway, was wrecked
this morning about a mile north OF Gladstone while
running down Losey's HILL A box car jumped the
track and ran along on the ties for nearly half a
mile before the it. Then of the
trucks slid to side, and Immediately the whole
lot of piled up. The passenger coach, in
the rear, thrown from the track. and the pas
sengers We're thrown among the seats. A number
of them were cut by broken glass and bruised All
the passengers were taken to a nearby farmhouse
by Superintendent La Tourette. who on the
train The box cars were smashed The conduc-
Of the train John Young.
New-York tribune., 1901-12-07

MINNEAPOLIS Dec. 6.-The Mississippi River Is
,,,,racedeptedIv low The -four mills have been
forced to fall back on steam largely. and the irwin
CITY Rapid Transit Company issued statement
to-day that the stage of water was so low as 10
cut down the power from their dam to d DANGER
ousIv small amount. The company has been forced
70 c,+ down car service in Minneapolis. St
paul and Saltwater, although II has begun oper-
afing its steam plant, which has long IAN luie
The deficiency of water is attributed partly TO the
lack of fail rains and partly to the tact that log
gers on the headwaters are impoundlng water IN
The streams so as float out their cut IN the
New-York tribune., 1901-12-07
TALKS on FOREIGN MISSIONS.

conference in the interest OF foreign missions
was begun at the Marble Collegiate Church, Fifth
ave- and Twenty-ninth-st. yesterday. About one
hundred ministers from different parts of the
country present The Rev DR., j, Preston
Searle of the New-Brunswck Theological Semi
nary presided,
Al the afternoon session. the Rev. DR.. David ].
Burreu presiding the Rev. DR., Wilton Merle
smith. pastor OF the Central Presbyterian Church.
spoke on How the Growth of the Missionary In
terest In the Central Presbyterian Church Was
Attained The Rev. John ". Conkling spoke on
.Encouraging Facts In Ou. Missionary Work" The
Rev Dr. Abbott E. kittredge spoke on missionary
Facts and the Congregation"
New-York tribune., 1901-12-07
4 LECTURE on THE NICARAGUA CANAL

Orange. Dec (SpeciaD-Foster CroTeiI lectured
in the Orange Music Hall tonight on the Nicaragua
Canal The lecture the first in the series ar
ranged for the members of the New-Engiand So
ciety and their guests By the lecture committee
~ tbe society, which is composed of Professor
Charles f. Kroeh Henry B. Closson. Charlss A
Mead, Coleman Z. kissam and the Rev. Adolph
New-York tribune., 1901-12-07
LAWYER REINsTATED TO PRACTICE.

An order was granted by the Supreme Court at
Trenton Yesterday reinstating Frank NJ McDernlt'
a lawyer in Newark, as attorney ana couiseIioI' @
NTcDeruit was disbarred by the court in June 1888
on charges of malpractice brought against him py
tbe Tawvers' club of Newark. He is a Demo
he Assembly.
New-York tribune., 1901-12-07
y.r4I OFFICERS AT CHARLESTON

Charleston, S. c., Dec. 6-Captain Brownson and
the other officers of the warships Alabama and
Massachusetts were the guests of the Exposition
oop,nanv to-day The entire government exhibit
which was at Buffalo probably Will be sent mere.
All of the exhibits, with the exception OF those
from the War Department, the Postof1ce Depart
ment and the Smithsonian Institution. already
bHve arrived Commodore Thomas Williamson. re-
tired has charge of the work of experimenting tho
instylIation of the naval exhibits. Captain Rlch.
mond p Hobson will be stationed here In charge or
1haIn
New-York tribune., 1901-12-07
HTS Up" TO MURPHY NOW.

2E GETS WHAT HE SAID HE WAS WAITING
FOR BEFORE DEALING WITH DlAMoND'
District Attorney Philbin announced yesterday az
,Cnoon that he had received from Albany GER
stAed CODY OF the conviction OF Police Captain Dia-
rnond and that he had sent il at once TO Police
Commissioner Murphy who had said that he would
take action in the Diamond case when ne received
a conv Of the conviction. Murphy will be in po-
sition to-day to dismiss Diamond from the police
Forca hp deSir
New-York tribune., 1901-12-07

San Francisco, Dec. 6.-kighty Japanese laborers
arrived the Nippon Maru from Yokohama
der contract TO work in the coal and iron mines at
Baroteran, Mexico, about hundred miles south
of the American line. They the first of a lot
OF four hundred. Each is provided with a contract
for three years. At the expiration of that period
they to be sent back to Japan without expense
TO them. The Japanese will be taken a special
and will travel under guard. SO that none can
escape in transit through this country. The rail-
road company agrees to turn them to the i'm
migration inspector at Eagle Pass.
New-York tribune., 1901-12-07
SITE FOR HOSPITAL CHOSEN.

West Orange. Dec. (SpeciaD--The West Oranga
Town Council received report from the joint COM
mittee on isolation hospital last night relative 10
the locating OF such institution on the mountain
IN West Orange. The site recommended oy the
committee was formally accepted by the Council.
and il is expected that portable hospltal VIII oe
erected on the property within ten days
New-York tribune., 1901-12-07
TO REMOVE MORTGAGE ON CHURCH.

The next effort Of the twentieth century thank
offering commission Of the Methodist Episcopal
Church which has undertaken to raise 81 900 900 in
the next few months for certain purposes. VIII be
made at the Centenary Church. Washington-ar
and e-hundred-and-sixty- y-sixth-st. tomorrow:
This church has a mortgage OF $1,000. which will
be removed. and equal sum viii be asked for to
build Sunday school building.
The pastor. the Rev. Hough Houston, will be
assisted by the Rev. DIR. E. S. Tipple, executive
eecretary OF the twentieth century commission: the
Rev DR.. Frank Mason North. who viii preach the
hzc-ning Sermon and the Rev. DR.. e. NJ. Mills.
New-York tribune., 1901-12-07
FLOOR GIVES AWAY; WOMAN HURT.

SHE WAS WALKING ABOUT HER ROOM. AND MAY
BE \ CRIPPLE FOR LIFE
BeIIeville Dec (SpeciaD--Mrs- Mary Lee, living
with W c. Hankins in WiIiam-st., met with
painful accident last night which may cripple her
for life Mrs. Lee going about her room wheB
the flooring gave Her limbs injured.
knees and bruised and face scratched. When
found she unconscious, and her condition is
critical.
New-York tribune., 1901-12-07
sryTy FIVE POISONED AT WEDDING FEAST

BELIEF, THAT THERE WAS DRUG IN THE
CoFFEE-ALI. WILL RECOVER.
Prairie du Sac, Wis, Dec. 6.-Sixty-fve persons
were poisoned at a wedding feast at the home of
John Mulky West Point, near this place. 1t
IS believed there poison in the coffee. Physi-
clans were summoned from Lodi. and. after several
hours work hope given that all would re-
cover Some of the coffee has been sent TO II
chemist TO be examined.
New-York tribune., 1901-12-07

THIEVES Go TO MANS HOUSE FIRST AND GET
KEYS FROM HIS POCKET
Franklin, Dec. (SpeeiaD.-Burglars for the
fifth time in less than year paid visit to the
grocery store of John l.. Dittis. the Nutley
section of the town. this morning. Their boldness
this visit excelled all previous ones Before
tering the grocery store they visited Dittg's home
and took the keys of the store from his coat after
ransackng the house. The thieves obtained little
booty the store.