davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
BINBY WILL CONSTRUED.
Justice Steckler Gives the Executors
Pow er TO Mortgage the Real Estate.

The will Of Robert F. Bixby. owner OF n
half interest in the Casino and OF the site
of the Union League Club. was construed
by Justice Steckler yesterday in the SUI
preme Court. The executors wanted tho
court TO pass upon the questions as TO
whether the legacies could be paid from
realty or whether they must fail for lack
Of personally. me whether, IL they are a
charge upon the realty, the realty could be
mortgaged or would have 10 be sold.
The testator and his sister. Mrs. Cashier
s. M~ankowski, who is mentally incom-
potent, inherited these properties from
their father join VI. Bixby. The interest
Of Robert +. BiXby is valued at $500 900.
Beside this interest he left $40, 500 in realty
and SIC, 600 in personally. His debts ex-
ceeded his personally. The will and cod-
icils gave 100000 to George Freifeld,
whom he named an executor, and el0O, 600
TO Mrs. Len Gordon, stating that the be-
quests were for services 10 the testator.
The rest Of the estate was left TO his sister.
The Justice says that The wording Of
the will and codicils indicates that these
requests should be paid even II there was
Insufficient personally and that they are
n charge on the realty. A power OF sale
was plainly given in the will but the Court
saws this would not permit mortgaging.
The Justice saws, however. that the terms
of the will indicate an intention 10 give the
power 10 mortgage and that Cashier s..
Mankowski, as committee Of his wife, has
expressed a desire that the properties he
mortgaged rather han sold. Power TO
TO pay the legacies is given.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
WHISKEI TRUST SUIT.
Argument in Newark In the Suits OF the
Minority stockholders.

Judge Kirkpatrick Of the United States
District Court heard argument yesterday
in Newark, in the injunction suits brought
by the minority stockholders Of the Spirits
Distributing Company TO prevent the DISCO
luton Of that corporation. 1t was the final
hearing in the action which has been pend
ing for some time. brought 10 prevent the
meeting called early last mont TO vote TO
dissolve the company. Preliminary stays
have from time 10 time put OF the consum-
nation OF the dissolution plans.
The action involves disputed points as
to the validity Of the scheme % ~consolida-
ton Of the so-called Whiskey Trust. The
chief issue, however, is that mad by Meyer
Arnold and Louis Windmuller to preserve a
contract under which they and others who
are shareholders in the distributing conf
pany derive a large annuity which was
guaranteed TO them.
Tho arguments occupied the whole time
Of the court yesterday and may not be con-
cluded to-day. Levi Mayer Of Chicago
fought for the interest OF the defendants.
with Charles c. Defining and II. V. Lin
dabury as his assistants. and Robert II.
McCarter and James F.. Howell OF New
ark appeared for the plaintiffs.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
Dixie TO GET GUDEN'S PLACE.
GOV. ODELE MAY BOUNCE
KINGS SHERIFF TO-MORROW.
Brooklyn Lawyer said 10 Have Accepted
Oner OF the An Ancient Foe OF
Dady's Guden May Resign Sherin's
Men Exempted From Ci,ll Service.

Confirmation OF the announcement made
In The U last week OF Gov. Odell's In
tention TO remove Sheriff Guden of Brook
lyn was received from Albany yesterday
II was predicted that Guden's inglorious
official career would be ended Tomorrow
night. It was also learned on high author
ity that the Governor had offered the place
to Col. Norman S. Dixie and that he had
consented to accept.
Col. Dixie Is a lawyer and has been active
in the Republican organization. He once
represented the First ward in the old Board
Of Supervisors and served as Assistant
Judge Advocate General on Gov. Blacks
staff.
Until a year or so ago he was opposed
TO Michael j. Dady's ambition 10 control
the First Assembly district. Since then
he has taken no active part in the factional
squabbles, but in the last campaign he
worked hard for the fusion ticket. Col.
Dixie and his family have long been promi-
nent In Brooklyn society. His selection as
Sheriff will give much satisfaction TO ex-
Mayor Schieren, Col. Willis J.. Ogden and
the other leading Independent Republicans.
The new Sheriff will not be hampered
by civil service rules in making his ap-
p~ointments. Yesterday Supreme Court
Justice Dickey granted Gu!en's appli-
cation for a writ of mandamus against
the State Civil Service Commission,
directing the exemption Of thirty Of his
subordinates from the civil service rules
on the ground that they were confidential
and exempt from competition.
Some friends Of Guden say hat tho
Sheriff is much depressed over the situation
and that he is likely to resign when he
realizes that his removal is inevitable.
Col Dady and all the other delegates to
the County Committee from the First As
sembly district had a conference on Mon
day night. Dady is aid TO nave severely
scored Guden and Sanford, the under
Sheriff.
ALBANY. Feb. 25.-Gov. Odell said to-
night that he had received the briefs from
the attorneys representing Sheriff Guden.
He will look them over tonight and will
probably decide the Sherif's case to-mor-
row and o his action on Thursday.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
YOUNG WHITE cor AWAY.
Tather Locked Him In wanted 10 he
Ills Sons Guardian.

M~IpDLETowN. Conn, Feb. 25.-By the
decision OF Judge Case in the Superior
Court in this city to-day, the appeal Of
Josiah J. White. of Brooklyn, y. Y, from the
order Of the Probate Court of Portland,
Conn. appointing Ellis worth b. Strong
guardian of Whites son. Frederick Hall
White, who inherited 10000 by his
mothers will, was disposed of by a non-
suit.
The father wanted 10 be guardian. Law
yer O'Meara Of New Haven appeared in
court with a certificate Of DR.. Leonard
Sanford Of New Haven saying that Josiah
j. White was physically unable TO appear
in court. lawyer Gross OF Hartford was
in court with young White. The son testi-
fed that he went from Lawrenceville
Academy TO his fathers home in Brooklyn
on last Sunday. He said that his father
was in good health and attempted 70 lock
him in tho house. He stole the door key,
escaped from the house and went TO Hart
ford and then to Middletown. II is be-
lieved that the father followed his son as
far as New Haven, where he obtained the
physicians certificate.
Lawyer O'Meara. admitted in court, that
Mr.. White had been in New Haven and had
returned to Brooklyn, but said that he was
physically unable to appear in court. II
was asserted by the boys attorneys that
the real reason for not appearing was that
a warrant, seven years old, is awaiting Mr..
White in this county, for assault on a Port
land officer with a shotgun.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
NO DIVORCE FOR ERSKINE.
Jury In the Supreme Court Declares the
Lawyer Not Entitled to q Decree.


In the suit of John X. Erskine. Jr.. OF
Evarts. Van Colt 4 Erskine. for an abso-
Lutte divorce from Marie Beach Erskine =,
n jury found in her favor yesterday before
Justice Scott in the Supreme Court. Mrs
Erskine contended that her husband had
Matched a plot to get rid of her.
She said hat they had been separated
for about a year, when last spring he in
stalled her in a house in Elizabeth, n. j.
She understood he was coming TO live
with her. A witness said the place was in
a lonely and tramp-infested neighbor-
hood. The correspondent named by Frs
kline was Thomas Ward, whom Mrs.
Erskine said Yesterday she had employed
as n man of all work and for the security
his presence afforded.
Questions as TO whether Mrs. Frskine
had permitted Ward TO kiss her and whether
he had breakfasted in her bedroom. brought
forth emphatic denials from the defendant.
She said she had not seen Ward since last
July. when she left the house at Elizabeth.
Walter r. Beach. uncle of Mrs. Erskine,
testified hat Erskine told him that he nae
made a mistake in marrying the defendant,
not live with her or give her anything.
When the witness suggested that they
sign articles of separation, Erskine re-
Piled that he did not want her to have any
string to hun. Witness said he replied
In a warm wa TO the suggestion Of Erskine
that his wife go West and get a divorce
on any ground but that Of adultery.
DR.. Ferdinand Beach stated that his
niece, the defendant, was perfectly sane.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
POLICEMAN GRAvELY ACCUSED.
Little Girl Charges Him With Assault
He Can't he Found.

As the result OF the testimony OF "
little ffteen-year-old girls, in the York.
vile police court yesterday morning, Magis-
trate Pool called upon Capt. Lantry Of the
East Fifty-irst street station to place under
arrest Policeman Eugene Shea OF his pre-
cinct, whom one Of the girls accused Of
sssaulting her in a poolroom In Second
avenue, near Fiftieth street, on the night
Of Feb. Z. Capt Iantry sent a couple Of
policemen to Shea's house. Ils East Forty
sixth street, 10 watch for him. but Shea
came neither to the station nor to his home.
1t is thought that he got wind Of the pro-
ceedings and fed.
The two girls, Jennie Hallock OF 141 East
Ffty-eighth street. and Alice Walsh OF $40
East Sixty-first street, were In court in the
care Of Agent Fogarty Of the Gerry society
10 testify against Edward Dixon Of ss5
First avenue, accused Of ~assaulting the
Hallock girl on the same night and in the
same place where the policeman ia alleged
70 have assaulted the Walsh girl. and Louis
Upper, the reputed owner of the poolroom.
accused Of abduction aud harborlng the
girls for immoral purposes.
The Hallock girl testified that she met
Dixon on the street and was taken by him
at midnight TO the poolroom. the Walsh
girl and another man rms them.
She said that Policeman Shea was In the
poolroom when they got there, as was
Upper. h men sent out for whiskey
and coffee. She remained in the poolroom,
she said. until ! O'Clock.
The Walsh girl c~orroborated the Others
statements. She said that the man with
whom she entered the poolroom became so
drunk that he fell asleep Oh a table. Police
man Shea kept making. overtures TO her
which she rejected until finally he seized
her violently and carried her into an adj
joining room.
The girl testified that she returned to
the poolroom on the following night with
a girl named Christina Petersen and was
let in by Shea. who had a key to The place.
Dixon and Upper were held in 5000
each for further examination.
Policeman Shea is p years old and came
from Poughkcepsie, where he MAS a car
penter. He was appointed to the force
Feb. Is, 1900, and was assigned TO the West
Forty-seveuth street station. He was
transferred to the Fast Fifty-frst street
station on Sept. 7. 1900. At the police sta
tion last night IL was said hat he was not
a drinking man and was a good officer.
He was of duty on the night o. the alleged
assault,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
BIO SHOE SHOP SHUTS DOWN,
The Batcheilers Of North Brookneld. Mass.
close Their Factory.

NORTH ~BRooKFIELD, Mass. Feb, 25.-The
shoe shop Of f. q A. II. Batcheller is closed
for an indefinite time. 1t is one of the
largest shoe shops in the country. having
been in operation for a score of years, and
having made several fortunes for the part
ners. Since nothing can be learned as
TO the reason for the shutdown. and the
town Of several thousand is dependent
on the factory for support. the citizens
fear much suffering.
Sickness is prevalent in town and the
cause is assigned as worry over the closing
Of the shops. For a long time the factory
has been curtailing production and the
last shoes were finished OF Saturday night.
At least five hundred of the former en-
ployees have secured places elsewhere.
The Batchellers, owners of the property,
will say nothing about the cause Of the
trouble. Francis ~Batcheller, President Of
the company, has made arrangements
for a years tour in Europe. A story Is
In circulation that the union label is at the
bottom Of the trouble and that a new COM
pany will be formed. Townspeople fear
the shops will not soon start again.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
HANGED MS WIFE FOR Fun.
Mans Practical Joke at n Christening
Nearly Results Fatally.

Rock ISLAND, H., Feb. 25--A mans
practical joke" on his wife at a christening
party In the southwestern part OF this city
last night nearly ended fatally for the
woman. Tho joker, a large and powerful
man. while in a happy frame Of mind from
the frequency with which he had drunk
the newly named infants health, picked
up his wife and carried her out Of the house.
Finding a rope he tied one end around
the woman's neck, threw the other end
over the limb Of a tree, and then pulled
his wife from the ground. Fastening the
loose end Of the rope, he returned to the
party.
The fun was too good 20 keep and
he confded il 20 a friend, telling him he had
played a Joke on his wife. An Investigation
resulted in the woman being cut down Just
in time 10 prevent her death by strains gu
lation. She was unconscious for some
time.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
REBUKED BY FEDERAL JUDGE.
Judge Townsend says 4 New York Al.
tOrney DeceiN ed Him.

New HAVEN, Conn, Feb. 25.-When
Attorney Abraham ID. Meyers Of New York
city this afternoon appeared before Judge
William X. Townsend in the United States
District Court in behalf Of New York cred
itors who have claims against the Doebler
Manufacturing Company Of Middletown
and appealed to have the case transferred
from the State 10 the Federal courts Judge
Townsend said TO him:
You deceived me in regard to this case
in New York. Statements you made rela-
tive 10 this case were without proof and
were not true. | must refuse to grant
your motion now unless you furnish ade-
Quate proof that you statements are true 4"
Meyers started 10 make an explanation,
but was shut off by the Court. Judge
Townsend said he would hear him in New
York AT some later date. A local attorney,
when he was giving reasons 10 Judge Town
send why he would like to have a case con
tinucd said.
Il can bring a hallful OF witnesses to
testify for my clients morals, including a
Baptist minister
Judge Townsend replied as he proceeded
10 fine the attorneys client:
Il don't take my morals from a Baptist
minister
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
THINK 1T rs THE NECKAR.
steamship sighted u Miles Southeast
az Sandy Hook Towing Another.

Now tina the disabled Leyland Lime
steamship Philadelphia is safe in Queens
town harbor, having been towed there by
the tank steamship Iackawanna, shipping
men are wondering what vessel the big
North German Lloyd twin screw Neckar
has-or had-in tow. II is thought at
the Office of the line here hat the four
masted, single-funnelled steamship sighted
by the Quebec liner Pretoria on Friday,
800 miles southeast Of Sandy Hook, with
"A large. two-masted steamship in tow.
may be the overdue Neckar She WAS far
out Of her course.
This is accounted for by the fierce head
seas and gales. which her commander,
Capt. Harrassowitz, would not dare TO
breast with a crippled freighter or passen-
ger ship ~1oundering astern. He naturally
would have run southwark when he found
danger threatening his tow and the Necksr
herself in the lofty head seas.
When the Pretoria's officers saw the four
masted steamship and her tow they were
80 far of that their signals were .undis-
tinguishable. IL IL evident that the Neckar
is far out of the track of liners from either
northern or southern. European ports.
otherwise she would have been passed
bv some of the fleet that IA We arrived since
the Teutonic got here on Friday. That
il another reason officials Of the line think
she may he the owing teamship seen
from the Pretoria's bridge.
Ifshe is, she is making a gallant fight for
her tow, clin ging TO her through about
900 miles of FOSTERING weather. The
Neckar was due here last Friday. She
may be delayed further by the Gulf storm
that began lashing the sea to the south
Of Sandy Hook yesterday. She carries
LIS passengers. nearly all Of whom are
in the Storage.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
CLASS PRESIDENT RELEASED.
Found HandcnIed and Closely Guarded
In a Resort Near ithaca.

ITHACA, Feb. 2j.-W. Paul Allen Of Brook
lyn, the toastmaster Of the freshman ban
quet, has been r%ecaptured 10y the freshmen.
At midnight last night a party Of nine Of
his classmates started out to find Allen,
having pretty definite rumor that he was
being kept at Wheelman's Rest, three miles
from Ithaca. Allen was found closely
guarded in a room by two sophs. His
hands were h~andcuned, and these could
not be broken until the party got back to
Ithaca.
The sophomore class was called together
to-day as a result of the conference between
the Presidents Of classes aud the President
yesterday. President Schurman addressed
the meeting and appealed TO the class to
stop all horse play. IL is thought that this
will put a stop 10 all future outbreaks Of
In snIl
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
TEACHER KILLED IN SCHOOL.
Former sweetheart Murders Her and
The Commits suicide.

NATION, H., Feb. :5.-Insane from
jealousy, Fletcher Barnett. a young farmer
and school teacher, hot and killed his
former sweetheart. Miss Eva Wisemau,
this morning. Tie then shot himself twice
in the head, and when the bullets proved
ineffective, drowned himself in a well in
the school yard
The double tragedy occurred near Ca
MARCO, Douglas county. where Miss Wise
man taught, ard school was IN session
at the time. The erTor-strickeu pupils
were witnesses - the murder. and one,
a large pupil, who sought TO protect Miss
Wiseman. was shot at by the advancing
mailman, but the bullet sped by his ear.
Jealousy was the cause OF the double crime.
Barnett belonged TO a well-known family
and hs victim was the daughter OF Or.
Wiseman, a physician.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
PRATT,s VALET AUDLEY.
Had . scheme. the Young Millionaire
Says. TO Make "seasick" Pills.

NEW HAVEN, Conn Feb. rs Thomas II
Pratt, who Is styled the Young Millionaire
Of Clinton" Conn and who Is defendant
in a suit for IS 900 back pay brought by his
former valet, George I. Audley, testified
before Judge Rorabach In the Superior
Court to-day that not a cent was due to
Audley. The witness explained that Aud
ley was with him as a personal friend and
hat he gave him all the spending money
he thought he needed Then he added:
"Mr. Audley never opened beer bottles
on my yacht for the party aboard of it.
They were opened by the steward. Mr..
Audley might rave opened some for him
self. He never looked after me nights,
for I was able to take care OF myself"
Mr.. Pratt's valet was full OF schemes,
according TO Pratt. He wanted me to go
into the manufacture Of seasick pills. He
bought some pills and wanted bottles TO
put them In. They were TO be called the
Lady Audley Seasick Pills.
Pratt said that Audley had handled
thousands of dollars of his money and
much went to Audley as cash gifts. He
never kept account OF how much he had
presented to Audley. On the cross-eX-
animation he was asked:
What was you business when Mr..
Audley first went TO C~linton?"
Il had none"
a gentleman of leisure2"
Yes. sir"
Weren't you in the grand opera troupe
business in New York;
Yes, sir. The name OF the company
was TIN Robber Of the Rhine"
Pratt said that his business was conducted
only four weeks in the Fifth Avenue Theatre
and then he stepped out. Pratt owned a
duck boat. Audloy called u n submarine
boat. Pratt said his brother gave a story
- a New York newspaper about the new
and wonderful submarine craft.
Pratt was asked about a tour he made
Of an Italian settlement that cost him 500
for beer, cheese and sardincs.
Didn't you make Audley dance for the
Italians, he was asked.
NO, | saw him skipping around, not
what you would call dancing"
Didn't you ask Audley 10 take a re-
volver from you that night because you
thought you had too much drink in and
that you might be tempted TO shoot some
one?"
NO, I did not"
The case is still on,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
STABBED By REGJLiR SOLDIER.
Private Donahuc OF Fort Ethan Allen VIA y
Lose Ills LIZ Through n Quarrel.

BURLINGTON. VI, Feb. 25 Private Dona-
hue Of the Twenty-~eventh Battery of
Field Artillery lies in the hospital al Fort
Ethan Allen in a critical condition, having
been stabbed in the abdomen with a jack
knife by Private Haskell. The thrust
was made with great force and an ugly
wound was inflicted.
DOnahue was made unConsCious, in
which condition he remained several hour.
His recovery is considered doubtful. Has
kell has been placed under arrest charged
with an attempt 10 murder.
h stabbing occurred during a dis-
pute between the Two men.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
MRS. ASTOR's Personal TtNES.
No Representative Has Appeared Yet
Before New port Assessors.

NEWPORT, r. l., Feb. ?5.-Although
the Supreme Court Of Rhode Island granted
a certificate Of citizenship to Mrs. Caroline
A. Aston she has not as yet been taxed
on personal property. The tax assessors
Of Newport have been in session two weeks
and up 20 tonight no representative Of
Mrs. Aston has appeared 10 request tina
she be taxed Oh personal property. Her
petition for citizenship saw that she had
instructed counsel TO appear before the
'a4 assessors WIN InIs opyeCI ~ view,
It's lsbors tomorrow night which gives
Mrs. Aston one more day in which 10 do
this. She already pays a tax as part owner
ia real estate.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26
HILL AM
That Is the Ticket They Are Talking or In
Alabama for 1904.

10 the Nous from Huntsville, Ala, on po-
litical matters says:
The Hon. David b.. Hill OF New York
and Gen. Joe Wheeler OF Alabama il the
Presidential ticket for 1901 slated by the
leading Democrats of this section. They
construe the Washington's Birthday dinner
in New York as pointing in this direction.
The friends of Gen. Wheeler in this part Of
Alabama, his home, are not 50 certain that
the little warrior would again enter politics,
but they believe he would consent 10 do SO
In case he should realize it as a public duty"