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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
BOAT GOT TO NANTUCKET.
Passengers and Provisions Landed
No actual Suffering.

Nantucket. Mass. Jan. 1.-THE ice embargo
which has prevented communication with the
mainland except by wire since January was
raised late to-day through the determined eff.
forts of a dozen men in the 30-foot naphtha
launch Waquoit, which made the trip from
Woods Hole to the western end of the island,
where eight persons were landed, well as a
supply of meat and yeast cakes. The little
launch sailed half an hour later with ten pas
sengers. who had been prisoners on the island.
The supply of meat which was landed will re-
lieve the privation to great extent. No mail
was either taken to the island or brought away
The trip of the little naphtha launch was con-
sidered hazardous. as northeast storm warnings
were flying when she put out from Woods Hole
at ii a. m. The vessel. however. was fortunate.
having comparatively smooth water and clear
weather during the trip OF thirty-hve miles
On getting down toward the island the Waquolt
was headed for Eel Point, on the western end,
and, notice of her intention had been wired
ahead. large crowd had gathered. The landing
was made by dories and a half hour was con-
sumed in transferring her passengers and cargo.
At sunset the launch was headed back in the
direction Of Woods Hole. By this time the wind
had begun to increase from the northeast, but
at dark 1t was not blowing over ten miles an
hour
Woods Hole. Mass. Jan. 11.-After an ex-
tremely perilous trip to and from Nantucket.
the little launch Waquoit came safely into the
harbor at o'clock tonight. The trip was
made in almost exactly ten hours. which in
cluded stop off the western end Of tho island
OF nearly hour. The passengers brought
here included one woman. They reported thai
there was no actual suffering on the island
They said that when they left there were IN
dications OF early break in the field or Ice,
with an opening up of a channel into the haroor-
The steamer Nantucket will make another at
tempt TO reach the island tomorrow. proVloed
the weather conditions permit
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
THEATRE ORDER SECRET.
Mayor Won't Tel Changes TO Be
Demanded TODAY.

Mayor Mcclellan announced yesterday that the
recommendations for changes in the theatres IN
Manhattan would be sent TO the managers to-
day. This announcement was made after the
Mayor had a conference with Corporation Counsel
Delany Fire Commissioner Hayes. DR.. Benson.
Sanitary Superintendent for Manhattan, and MI
Thompson the Superintendent Of Buildings in Man
haitian.
Notices will be 10 all the theatres to-rnor-
row. the Mayor said. land expect that the
managers will make the changes suggested IN the
notices without delay"
The Mayor was asked IL the notices, showing
what changes were required in the various thea
tres, would be made public. and he replied that
for the present they would not. Asked X the re-
ports which the notices were based would be
made public he gave the same answer Asked II
the Withholding of the reports and notices from the
public meant that they would be held over the
heads of the managers TO be published if they
tailed to comply with tho notices, the Mayor re-
Piled: II do not say that"
The action OF the Mayor and members OF his
committee in Withholding the reports has been
compared with the action of Borough President
littieton of Brooklyn in publishing the results of
his investigation of theatres and ordering closed
the galleries of some theatres which the reports
declared We're unsafe Mr.. Littleton has advocated
legislation TO provide for a bureau OF public safety
which would have charge Of theatre arrange
bureau.
Mayor Mcclellan said that the recommendations
would be carried out either with or without the
cooperation of the theatre managers, for he was
determined 10 have all made safe against disasters
SUCH as the recent one in the lroquois Theatre
Ii is believed that the Mayor would publish the
port on any theatre. the manager OF which fought
against the changes recommended.
oscar Hammerstein had another talk with the
Mayor. He said he was going to Washington TO see
about the patents or his invention for making the
aires safe against fire, and later would tell Fire
Commissioners Hayes ali about it. The Mayor said no
could judge OF the merits of Mr.. Hammer
STEMS invention. which a sprinkling device
There are in in the city many automatic
sprnkling systems.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
DISCUSS SOUTHERN EDUCATION.
Commercialism the Country's Menace, Says
DR.. F. G. Peabody.

The aims and results OF the work Of the Southern
Education Board. in cooperation with the General
Education Board. were discussed last night al
dinner held I'm tho Astor Gallery at the Waldorf
Astoria. Many prominent educational institutions
Of the South were represented Robert e. Ogden
of the Southern Education Board. presided.
At the main table, with Mr.. Ogden. were ST. Clair
McKelway. DIR. Lyman Abbott the Rev. DIR. Fran
els Ct. Peabody. President Remsen OF Johns HOP
klns William T. Harris. United States Commits
sIoner of Education: Bishop Doane Of Albany.
Bishop Lawrence of Eastern Massachusetts. Chan
celor Hill OF the University Of Georgia. Carl
Schurz President Houston of the Agricultural and
Mechanical College OF Texas. Professor q. Z.
Mitchell. and Bishop McVickar of Rhode Island
Before the dinner short addresses were made by
Chancellor Hill. President Houston and DIR. Mitch
ell. DIR. Francis C Peabody said In part:
II the common school Is the basis Of our civillza-
ton and the pillar of the republic. there should be
free schools for all the people sun the average
edgsati9n day term t Of sgnsycssysI days b
education of the North. and that IS why the South
should not be left meet the problem or education
alone What is the matter as tnS ana
despair In the midst of prosperity? IL seems that
which threatens upset the pillars OF democracy.
which must forever exist.
William 4. Harris said that in 1902 the number OF
high schools IN the Southern slave States had IN
creased to 1879. with $500 pupils. OF whom 5000
were studying Latin THE enormous increase in
the high schools I'm the SOUTH said he. is OF
great significance to me, There seems TO have
been wonderful progress in education In the South
during the last twenty years.
st. Clair McKelway said In part: While igno-
and justly too does not indicate want Of edcs
ton. There is no scepticism or light estimate OF
You have your difficulties. and are meeting them.
and win settle them. You are a unit on this Ques-
integrity. My advice is @ let Wen enough alone
and keep to the letter OF your constitution. and
remain
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
YEARS WORK OF BOTANICAL GARDEN.
Annual Report Shows Increases in Collec.
tions, Funds and Membership.

The progressive work of the New-York Botan-
ical Garden for the last told in report
of DR.. n. l.. Britton the secretary. at the annual
meeting of the board of managers yesterday in the
office of D. o. Mills In Broad-st. DIR. Britton says
that during the year construction work has been
actively pushed. the collections have been largely
increased and their efficiency for teaching pur-
poses has been hettered by considerable rearrange-
ment and more complete labelling; the number OF
visitors has been greater than that of any previous
year, and there were more students and visiting
investigators than before. The permanent
funds of the garden have been increased by about
$500. The number of annual members and life
members stands 1.0si. increase during the
year OF As.
The herbaceous grounds have been kept under
high cultivation, and about three thousand different
kinds of plants We're grown there during the year.
AT present the total number of kinds of plants
represented In all the plantations and conserva-
tories. including the native fora of the garden
tract. Is about IL CO., which shows gain during
the year of about 1000 species.
The board of managers of the Botanical Garden
yesterday reelected n. o. Mills president, Andrew
Carnegie vice-president, Charles II. Cox treasurer
and DIR. n. L. Britton secretary r. w. De Forest
and Cleveland Dodge were elected members of the
board OF managers TO oil vaesnies
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
WHIP HELD OYER CIRCUIT
Told He'd Better assent to Tracy's
Amendment on "City Record"

Mayor Mcclellan and Corporation Counsel De-
lany, who hold the balance of power in the Board
of City Record. have limited 20 Controller Grout
he had better assent TO the appointment of Pat
rick j. Tracy. Charles i. Murphy's friend. as Su-
pervisor OF 1.-THE City Record" Mr.. Grout says
that Mr.. Tracy is not competent 10 fill the posi-
tion that Charles S. Heryey. the present incum-
bent, is a first class for the Job and that he
will not stand for Tracy
What is going happen to Mr.. Grout later in
the week, when the Board Of City Record meets to
select Supervisor. IS something that greatly in
terests the Tammany 1t will be test of the
Controllers nerve. The Controller seems to be
feeling pretty cheerful the outlook and so do
the Mayor and MIR. Delany. 1t looks If the Tam
many steam roller in motion and that If the
Controller does not step little to side and
look the other way while Tracy is seated In THE
Several weeks ago, when the affairs of THE City
Record" attracted Mr.. CIRCUITS special attention.
MIR. Heryey. who was head of the Controllers In
vestgation bureau. was sent TO straighten things
out. 1t was understood at that time that his old
place would be kept open for him. Such good work
did HerYey do Supervisor in Mr. CIRCUITS opinion,
that he wants him to keep the place perma-
nently 1t pays 5000 year.
Right after election Tracy. a compositor on '"rhe
New-fork Law Journal and member OF Typo
graphical Union No 8, big Six" announced that
he candidate for the Supervisorship. He has
the unofficial Endorsement OF his union, besides the
Tammany organization to which he belongs and
been brought TO bear on the Mayor have him
take pack his old job and leave the good 500 a
year Supervsorshp open TO the faithful supporters
Mayor Mcclellan was asked what he intended TO
do. and said he did not want talk about that
Ihe Board OF city Record will probably this
meeting - - NA'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
DAKOTA DIVORCE PROBED.
Christian Science Wife Claims Gus
tody of Child.
HUSBAND TooKBoYFoR OPERATION

Thu martial troubles of George w. Elder,
member of the we'll known family of sugar re-
fners and of Helen Therese Elder. his wlfe
came before Justice Dickey in the supreme
Court. Brooklyn, yesterday. In habeas corpus
PROCEEDINGS by Mrs Elder. to recover George
W. Elder their eleven-year-old son. now held
by the father at Bay Shore. Long Island. The
child had been with its mother under the terms
of a divorce which Mrs. Elder obtained Cat the
request of Mr. Elder it IS declared) in Sioux
Falls. s. D.. in January. 1908. Because as Mr.
Elder alleges. his wife would not allow the
child to submit TO necessary operation. she
being Christian Scientist. he retained the
child after recent visit
The proceedings were devoted to inqufrtng
into the validity of the Sioux Falls divorce JUS
tice Dickey reserved decision on that point The
custody of the child will be decided later.
Mr.. and Mrs Elder and the boy were all in
court when the case came up late in the after
noon Abraham Humnel appeared for her and
Joseph B. Burr for the husband. The latter put
in evidence the agreement under which Mrs.
Elder obtained her divorce. 1t showed that in
addition to the custody of the child, Mr.. Elder
promised to give to Mrs. Elder $1,000 year
aIimony and So, 800 year for the support OF
the son. Mr.. Burr declared that this agreement
was against public policy. He declared that Mrs
Elder had lived in South Dakota for six months
merely to obtain a divorce and had returned to
live in New-Yorls after the decree was granted
Mrs Elder testified that she had separated
from her husband six years ago. but had re-
turned.
did you leave your husband voluntarily the
last timer" she was asked The reply was:
"I had been asked 10 leave by Mr.. Elder
number of times. and was asked again just be-
fore went TO Sioux Falls"
While she was there he had sent her S625
every month and $500 month since until last
November when he took the child. Before go
ing West she had the names OF several lawyers
and Mr. Elder had placed the name OF legal
firm on her pin cushion.
Mr. Burr then took the stand and told of sew
eral communications with NJ. s. G. Cherry. Mr.
hitch IN the agreement in regard to the child
Mr.. Elders attorney had first stipulated that
the father should regain the child II the mother
remarked. She objected to this. and another
agreement drawn
In one OF the letters Mr.. Cherry wrote:
The almost daily demands OF Mr. Elder that
my client leave him and get divorce made
their unhappy relation more intense. This de-
mand was frequently made. and often IN the
presence OF guests. He has frequently made
declarations that he would remarry, She sug-
gested a legal separation at her residence in
New-York. and he refused. demanding an abso-
lutte divorce.
The letter winds up with an intimation that
Mr. Elder might be involved IN some litigation
more unpleasant than that proposed by his wife
unless he agrees to let her have the child on
her own terms.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
ON RICH MEMS AUTOS.
Crane Severely Lectures ". X.
VdnderbiLt's DriUer.

Henri Debarlleaux. William K. vanderbilt's auto
mobile driver held yesterday charge OF
speeding his automobile. Debarlleaux was severely
lectured by the court.
When arraigned before Magistrate Crane Debarl-
leaux started to explain that he didn't think he
was exceeding the speed limit when the court In
terrupted:
What chance would / have crossing a street from
being down by automobile? | should be
very fortunate in not being run down. and might
lose my life. Don't imagine, because you en-
ployed by Mr.. Vanderbilt, that you can disregard
the safety and lives of people passing in the street
'of any one, no matter by whom you employed
A man on his feet has just the same rights as any
one riding In a vehicle OF any class. II you drivers
of automobiles would give to the people oppor-
tunity get by II would be Wei.
i talking to in the frler sl.sSt spirit, and
giving you only good. sound advice It's all well
and good for people who to own automo-
bile bur matter how many millions man has
the law must be obeyed Now. whea you so out
that you won't get Mr.. Vanderbilt into trouble
Be prudent. and to il that women and children
who happen TO be in your path get ample protec-
ton.
/ should on behalf OF Mr.. Vanderbilt. urge you
to be unusually cautious in your work, and do
everything in his interest.
Debarileaux waited IN the courtroom for about
two hours for bOndsman. Finally Nathan Glass
helm, OF No ~ Greenwich-ave.. gave security
why doesn't MIR. Vanderbilt come into court?'
asked the court. IF employe OF mine was ar
rested it seems TO me would have taken care of
him way"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
MIKE GALLERIES SAFE.
Brooklyn Managers Obeying Build
ings Departments Orders.

Since the galleries Of Fix theatres in Brooklyn
were closed Saturday. the managers have been
hustling 20 have made the changes that
CURED by the Buildings DepsE tment. The altera-
tons in the Star Theatre had reached such point
yesterday that IL allowed 10 half OF fits
gallery last night.
The Amphion Theatre is having considerable Diff
fculty in complying with the demand for more
exits. Il Is situated between q brick building and
9 wooden structure. Attempts made in the past to
bay the latter property caused tine put an
almost prohibitive price upon it. The of the
An1phion declare however, that they willing
10 DO anything 10 make the playhouse SAFE regard
less OF expense Samuel Cohen, the manager
asked yesterday 70 be allowed TO use sss seats in
tire gallery. but the request refused
On acc6unt OF the somewhat vague lines diyidfno
the powers and duties Of the Police Fire and
Buildings departments regarding the safeguarding
81 fa and health In public meeting places. Borough
President Litileion IL considering the advisabilty
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
TRUSTED CONvICTS ESCAPE.
Prison Guard Killed While Watching for
Fugitives

Plattsburg. y. Y. Jan. 1.-Two trusted convicts
of Clinton Prison, at Dannemora, James Roberts
and John Stewart, escaped from the prison late
night Roberts had less than three months OF ten
year sentence and Stewart less than two years OF
IA six year sentence to serve out They were en-
ployed In the boiler house on night work.
Immediately after the escape discovered the
alarm was sounded and guards and keepers in pairs
were sent out and posted at different points about
the country within thirty miles OF the prison to
watch the highways. railroads and Their avenues of
escape. 1t is believed that the hidden in
some barn or shed between Cadyville and this city
clothing other than their striped suits, how much
food. II any, they managed TO take with them.
Both men are third timers" and were serving at
least their third term in State prison. Both were
sentenced to Sing Sing for burglary the south
ern part Of this state, and transferred from Sing
Sing TO Dannemora.
Denis O'Brien. prison guard who was stationed
at Bluff Point station. on the Delaware and Hud-
son Railroad. three miles south of here TO watch
all trains for the two fugitives. killed tonight
by passing train. AS the guard was alone at the
time, there being no agent at the station in the
winter months, it is not known how he met his
death. 1t is supposed, however, that as the train
was behind time and running at high speed
he was run down while attempting TO flag a.
o'Brien had been guard at Clinton Prison for
twelve years. He leaves widow and six children
No trace has yet been found of the convicts.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
CHANDOS FULTON DEAD.
Brought Ont the "Church Choir"
"PinafOre" at old BrOddzcag.

Chandos Fulton. one Of the earliest members of
the Lotos Club. one time theatre manager. author
of a history of the Democratic party and other
works. and well known man about town. died on
Sunday night at Roosevelt Hospital. from the
effects OF operations for the relief Of ailment
of one of his legs. At the request OF his cousin.
Thomas Atkinson. a tobacco manufacturer Of
Richmond. Va, his nearest relative, the body is to
be Virginia. and probably will be buried at
the Fulton homestead at Mount Erin. The ar
rangements here are being cared for by number
OF Mr.. Fulton's friends. including Charles c.
Hughes. Of the Democratic Club; Commodore David
Banks B. B. Valentine Charles P. Buchanan
Henry r. Giig and joseph Howard.
Mr.. Fulton about ffty-eight years old, and
unmarried For the last few months he had lived at
No. 162 West Sixty-hfth-st. He came to New-York
about thirty years ago. At one time he was as
ISOLATED with William Stewart in the management
of the Park Theatre. at Broadway and Twenty
hrst-st, and of the managers of the Broad
way Theatre now Days he brought out. in ISIS
the Church Choir "Pinafore." He wrote play,
''Nobody's Child and contributed to newspapers
and magazines. Nothing is known by his friends as
10 the extent of his estate.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
FOR QUID CHEWING SEAMAN, s1eo so.
Sued Tobacco Hating Captain for $4,000 on
Assault Charge-Judge Mccarthy Vexed

The Jury in Judge McCarthy's part OF the City
Court which heard the testimony in the suit
brought by John Nelson. able seaman. against Cap
yesterday returned sealed verdict for sl6o 50 in
favor OF Nelson. He had sued 10 recover $1,000
charging that because he was chewing tobacco his
captain had assaulted him on the high sea, black
ing his eyes and otherwise injuring him
The jury went out at 10 pm on Friday. When they
had not agreed by the tina for to adjourn
Judge Mccarthy ordered o sealed verdict The
judge advised Nelson 10 bring criminal proceedings
against the captain
IF the jury believed that Captain Lawrence was
guilty OF the assault charged" said he they
should have returned verdict compensa ting the
plaintiff in proportion 10 the offence. I consider
the amount entirely inadequate. II / In your
place. Nelson. l would what I could do TO pun
ish this criminally. To my mind. the amount
awarded you is entirely inadequate
Nelson said he would probably follow this advice
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
DARLINGTON ALARMED.
Thinks Splitting Causes the Big In
crease an Pneumonia Deaths.

Alarming" Health Commissioner Darlington de-
cared yesterday referring to the increase OF deaths
last week from pneumonia. In the week ending
January ?. 1904. there were 1854 deaths from pneu-
monla in New-York City. against 22l in the corre-
spending week OF 1903.
IN my opinion" said the Commissioners. this
habit OF splitting in public places has much TO do
with bringing the disease. Last weeks In
crease OF deaths from that cause is positively
alarming. and have taken measures to keep the
disease from spreading. have thirty seven nurses
in the poorer sections of the CITY, who are under
special instructions 10 do what they 10 prevent
the spread of the disease.
Pneumonia Is caused principally by influenza
which leaves tho lungs In a weakened state. or
measles, generally considered trivial by mothers"
The Commissioner said there were lss deaths
last week from measles.
The death rate last week was 1sS5. against $50
for the corresponding week OF 1908
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
GROUTAGAINST MAYWELL
Rumor Says He Is Supporting DR..
Gunnison for City Superintendent.

It was rumored at the hall OF the Board of Edu-
cation yesterday that Controller Grout sup
porting as opposition candidate to City Superin-
tendent Maxwell DIR. Gunnison. OF Erasmus Hall
High School, as he desired a Brooklyn Op-
posed the ideas of DIR. Maxwell head OF the
citys school SYSTEM in order to obtain school
autonomy for Brooklyn. When asked concerning
this he replied that he did not to express
himself for publication He feared. he said. that
any statement from him would lead to another
controversy that would degenerate into personal
lines.
In regard to the assertion by Auditor Cook that
he had developed the system for paying teachers
promptly Mr.. Grout sad
I don't want to get into a controversy with
Cook. will make a report that will show up
their ways OF doing business.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-12
IONA ISLAND COURT MARTIAL MEETS
Adjourns, However, Because Counsel for
Gunner Fries Was Not Present.

The court martial detailed several days ago for
the trial of Gunner Otto Fries and Sergeant
Brooks. of the marine corps. a result of the
findings of the court Of inquiry to investigate the
causes and circumstances OF the explosion Of the
powder magazine at Iona Island began at the navy
yard yesterday but adjourned almost Immediately
because counsel for Gunner Fries not present
William H. stayton. who resigned from the marine
several years ago to establish law practice
and has been counsel in several important naval
trials, has been engaged TO defend Gunner Fries
but il IS understood that other engagements will
prevent mis- taking up the case before January 20
Tho martial will meet from day TO day until
the counsel ready. Sergeant Brooks has en-
gagged Captain Dion Williams. OF the marine corps.
20 defend him