davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1905-01-25
OMMEN CALLS IT QUEER.
DiSpleaSed Because HoId-Up Vic-
TINS Do Not Identify Prisoner.

Because Of failure TO identify him, owen c.
Smith Of Long Island City who was arrested and
held for examination suspicion that he was the
man who robbed the Woerz and Shipman families
at the point Of revolver and tried rob the fam
lily of DR.. Talbot, in West 6Sth-st in the
same way. was discharged by Magistrate Ommen,
in the West Side court, yesterday DR.. Talbot had
picked Smith out from line OF policemen In plain
clothes as the man who had held him up but in
court yesterday DR.. Talbot said he was not sure
the prisoner was the man who held him up r. c.
Latimer. who was in the Talbot house at the time
OF the hold-up picked out brother OF Smith, and
Mrs Eva Shipman identified" arother brother of
Smith. Mr.. Woerz said he could not identity the
prisoner.
Magistrate Ommen seemed to be dispIeased over
the failure to identify the prisoner. 81 don't know
what has happened to change the situation in the
case SO soon,' he said. but there Is something
very queer about It, The situation on the West
Side at present has never been approached before
DesperadoeS enter houses and hold up people at
the points or revolvers and when you wealthy resi-
aents see them arrested you refuse identify them
because you afraid that If they are held and
you are required TO appear witnesses you will
De lnconVenienced a little. 1t is matter of per-
public 1t is very grave matter. When 1 discharge
this prisoner. as 1 compelled to do. he will 90
out OF this court with his chest thrown out and
possibly he will go and rob my house"
Before discharging the prisoner, Magistrate Om-
men conferred by telephone with Assistant District
Attorney Perkins. TO whom he told how the case
had fallen fiat. After his talk with Mr.. Perkins
Magistrate Ommen said he might ask for grand
jury subpoenas for the appearance of the wealthy
witnesses who changed front quickly and COM
pletely in their Identification of the alleged robber
the whole party buzzing with congratulations over
his discharge.
New-York tribune., 1905-01-25
THE STATES VALUATION.
Total assessment, S7,7I5,@ 1868 $40
Big Gain in Kings.

Albany, Jan. 2-The assessed valuation of the
Eea4 and personal property In the several counties
OF the state for the present year, as reported to
controller Otto Kelsey, and made public to-day
shows only nominal increase over that Of last
year, the only big gain being in the county of
kings where there is increase OF over S3S OoOOO
The gain in New-York County is email only Sl0O
VocSO. as compared with $L3S3 10000 last year.
The total assessment this year is ST. 7I5 as
compared with S,5sS 1872 year and S. 50l2l
IA Is1S The gain last year amounted to ST. ia 247 SOL
While this year 1t is only s465l56T3 or over 81 500
V'o"N less large proportion of this falling off is
due to the decrease in NewYork County
Actual decreases in valuation are reported by
twenty out Of the sixty-one counties as follows
Albany Clinton. Duchess, Genesee, Greene, Hamil-
ton, Herkimer, Lewis, Oswego. Rensselaer,. Rock
land. ST Lawrence. Schoharie. Schuyler, Seneca
Steuben, TomPkns. Ulster. Warren and Washing
Ton. Decreases amounting over 100000 are
found on Oswegc and Warren. Five counties are
estimated: Erie Montgomery. Nassau, Schenectady
and Westchester. The valuation by counties fol-
lows:
New-York tribune., 1905-01-25
THIS DISMISSAL UPHELD.
Court of appeals Holds Written
Finding of Guilty Unnecessary.
80 Chest Measure
5 i'm Stock

Confirming order OF dismissal by Police COM
missioner Partridge and reversing the Appellate
Division in Brooklyn. which reinstated the patrot-
man. the Court of Appeals has handed down an
important decision. which has just been received
by Assistant Corporation Counsel Bell, IN charge
IN Brooklyn. Had the Appellate Division been up
held a large number OF policemen dismissed IN
Mayor Lows administra would have been able
TO get back on the force
The case was that OF Patrolman Daniel ) Gar
vey who was tried by deputy commissioner ana
dismissed by Commissioner Partridge The Appel
late Division overruled the commissioner on the
ground that the deputy commissioner who had
tried the charges had made finding upon which
the commissioners order of dismissal could be
predcated. In the opinion. written by Judge Wer-
ner OF the Court OF Appeals. Il Is stated:
We are unable concur In that view. Not only
do the pertinent provisions of law 20 exclude
any such requirement but the nature Of the pro-
ceeding Is such as 60 negative the idea that the
Police Commissioners authority 10 convict and
punish "A delinquent subordinate Is In any sense
dependent upon previous written finding OF guilty
BY tho deputy before whom the charges may be
heard"
New-York tribune., 1905-01-25
BRYAN PLEADS HIS CASE.
Arguments Heard on appeal an
Bennett Suit.

New Haven, Conn., Jan. 24-Arguments were
heard in the Connecticut Supreme Court of Errors
to-day the appeal of William J. Bryan from the
decision of the Superior Court denying him au-
thority TO receive $4,000 mentioned in the famous
sealed letter left by Philo S. Bennett, OF whose
estate Mr.. Bryan is executor. In the expectation
that Mr. Bryan would assist personally in the argu-
ments the courtroom was crowded with attorneys
political friends of Mr.. Bryan and others. For Mr.
Bryan, Henry G. Newton spoke for more than an
hour, and was followed by Judge Henry Stoddard
counsel for the residuary legatees.
Mr.. Bryan spoke for three-quarters OF an hour
and so eloquent he that the judges laid down
their law books and lawyers pressed forward to
listen. He said 1t due him in this case to say
a few words 10 the intent Of the testator. This
intent, he thought was very plain, and he hoped
the court would be explicit TO whether the
sealed letter could be received a declaration OF
trust. If not part Of the will. He said that
most will contests turned on two or three ques-
tions, usually the capacity OF to make
Il will, the question OF undue influence on
the intent of the testator in making bequests. In
this he thought Mr Bennett ideally competent
to make a will AS to the question OF undue in
hucnce. he cited the fact that Mr.. Bennett tray
eed fifteen hundred miles to Nebraska carrying
with him will TO be used model. and after
ward travelled fifteen hundred miles back to New
York, where he duly executed the will The ques-
ton therefore turns the intent of the testator
Mr.. Bryan, referring to his personal interest in
the case said
I trust that the decision OF this court Will be so
explicit that 1t will be instructive to those who
hereafter draw wills No matter what this court
may think of the purposes of this beques the right
OF 10 make his property go to the person or
for the purposes he wishes is sacred to us all /
hope, therefore. that the court will recognize the
right OF this testator 10 dispose of his property
after he had complied with the requirements OF the
law for his family This is small case. in which
only three or four people in Nebraska are inter
ested, but IT means much to the people of Connect
cut. If the makes ruling that is adverse 10
me- that ends my responsibility If this court shall
saa say this trust is not effective, that ends my
trust 10 my friend, AID when meet him, as hope
I shall. may meet him with smile
With Mr. BryaD's close the case was ended
New-York tribune., 1905-01-25
COURT OF APPEALS DECISIONS.

Albany, jan 24.-The Court Of Appeals to-day
handed down the following decisions:
People ex rel Town Of Preble appel,sp+ ,.s
Priest. Tax Commissioned etc: in re account of
1yers People ex rel Adelphi College appellanr VS.
Wells; IN re petition Of Kellogg: People ex rel
tiske. appellant VS.. Feitner: in re application M
compel Randall; People rel. Cooper Union rs
MeAs. appeIlant-oroers affirmed with costs
Nelsbach Company, appellant. VS.. Norwich Gas
Rno Electric Company dgment affirmed with
frrnative " ~ a.
siebert. appellant. VS. Mnbank-O-der affirmed
complaint etc
cudlp VS. New-York Evening Journal Publishing
Company. appellant; Griffin Iuterurban Street
Railway Company, appellant, Scudder VS. same
appellant; Herbert vs.. Musical Courier Company
appellant. Rousseau va. Rouss, OBSERVATION-DISCLOSURES
for reargUTnent denied.
Cahll VS. Hogan. appelent; in re taxable trans
fer on property OF clinch-orders afHrmed With
costs -NN
Langley vs. Westchester Trust COMPANY eton.
and another. Observation-Disclosures nodided and
case remifted TO Special Term 10 recast sccounfs
with costs 20 both parties payable out OF the estste
Holroyo, appellant, Vs. L.dian Lake-Judgrnent
affirmed with costs
Arlington Company. appellant VS. Colonial As
surRnce Company; Reed VS.. Metropolitan Street
Railway. appellant Thompson appellant VS.
Thompson; SeaTnans VS.. BaFtsen, appellant-Judg-
nlent reversed. new trial granted, costs 70 abide
event.
The Court OF Appeals calendar for tomorrow Is
as follows Nos. 157. l5S 5s ls2. l2s. leo. lss lss
New-York tribune., 1905-01-25
DISCUSS HOOKER CASE.
Assembly Judiciary Committee Diff
fers on Method of Procedure.


Albany, Jan 24-The judiciary Committee Of
the Assembly held a conference to-day on the
request Of Justice Hooker for an investigation
OF the charges against him. There was diff
ference Of opinion IN the COMMITTEES with refer
enoe 10 the methods 10 be used in making the
investigation. The matter Will be taken up by
the committee as a special order on Tuesday
next.
Some Of the members Of the committee ad-
vised great deliberation in going into the case.
They said that the investigation might be labori-
and costly, and il would not be well 10 try 10
rush the business through. Another member
took the ground that the question OF expense
cid not concern the committee, that IT the
duty Of the committee TO provide for an in
vestigation. question was raised over the
propriety OF having the Speaker appoint the
committee. This was objected 10 on the ground
that hypercritiCal people would say that Spea ker
Nixon and Justice Hooker were neiglbors.
the consensus Of opinion seemed to be that
soon after the meeting Of The committee on
Tuesday next a suitable resolution would be
whipped into shape and that 1t win be adopted
without delay
New-York tribune., 1905-01-25
LOSS FOR NIEDRINGHAUS.
Three More Missouri Representa-
tiues Desert to KerenS.

Jefferson City. Mo, Jan. A.-In joint session to-
day Thomas K. Niedringhaus the Republican eau
Gus nominee for United States Senator, lost three
votes. which Kerens gained The ballot stood:
Niedringhaus. IS; CockreIl, 81; Kerens, u; Good
rich, l.
The complete roster showed ia members present,
that IS votes were necessary to elect.
Representatives Kelley, Barry. Pettijohn, of Lynn,
and williamson OF Harrison County. deserted Med
rnghause and voted for Kerens. Representative
Richardson. Of Kansas City. who voted for Petit
john yesterday cast his to-day for J. f. Good
rich of Kansas City. Goodrich is Kerens man, who
not allowed to speak at yesterdays meeting
bers were paired. To-days losses from Niedring-
haus's strength are the most serious he has yet
felt. and the belief was expressed that he could
not win.
New-York tribune., 1905-01-25
NO BALL0TING IN DELAWARE.
Plan to Attempt to Elect Senator Fails
Conference Unsuccessful.
IBY TELEGRAPH TO THE rR1BUNE.I


Dover, Del, Jan. A.-By adjourning before the
noon hour the Delaware legislature to-day refused
absolutely to commence voting for United States
Senator, as many had expected in view OF the fact
that this is the second Tuesday after the House had
properly organized, the Senate yet having failed
to effect its organization.
A conference Of the Union (Addcks) and Regu-
lar (anti-Addcks) Republicans of the Senate was
held this morning ostensibly for the purpose Of
endeavorng to get together on organization. but
because OF the fiat refusal of Senator A. B. Con-
nor, Union Republican. withdraw his a
candidate for president pro tenn, which would be
according to the wishes of the Regulars the dead
lock still continues.
Senator John II. Mendinhall. of Newport. the Reg
ular Republican nominee for President pro tempore
stated tonight that he and his two colleagues IN
the Senate considering the advisabilty Of
voting for a Democrat for the Office tomorrow and
thus ending the deadlock The question will be de-
cided morning. and If 1t is agreed to take
this the Democrat will also be selected. The
Regular Republicans declare the refusal Of Senator
Conner, the Union Republican nominee, to with
draw makes the situation desperate and that radi-
cal steps must be taken If organization is ef-
fected these lines tomorrow the balloting for
United States Senator will begin on February 7.
New-York tribune., 1905-01-25
GOVERNORS HANDS OFF.
Viii Not Interfere in NeSc- Y ork
City Legislation.
Tsr rELrsaAyH TO THE TRTBUNE.l

Albany, Jan Ex-Governor Higgins to-day
told S. Christy Mead and =. B. De Berard. OF the
Merchants Association. OF New-fork' that ne
would not interfere in legislation concerning
NeU-Yorx City. The merchants wanted TO
know II he would appoint an investigating COM
mittee.
1T IS not my intention to anticipate legisla-
don" said the Governor. Before any inVesn-
cation Of New-York City interests is ordered
IL should first he determined whether the city
Itself has the right TO remedy whatever evils
may exist"
Does that cover the demand for an investi-
cation of telephone abuses?" the Governor was
asked
Yes, that covers all matters for which there
seems to be demand for an investigation
The Governor IN taking this stand is in har-
rnnny with the Senate and Assembly leaders,
who consulted with Governor Higgins and state
Chairman oden on Saturday. Mayor Mcclellan
and Controller Grout will have TO say whether
they need help from the legislature before any
viii be given
Ex-senator Ford IS here. ready to take a
hand in the hearing lighting tomorrow be-
fore the Finance Committee OF the Senate and
the Ways and Means Committee Of the Assem-
bly,. The hearing is set for O'Clock. Senator
Pages resolution for an investigation Of gas
and electric lighting and the Descher- Fuller
resolution fathered by the Merchants Assocla-
ton win be aired at the hearing tomorrow.
Ex-Water Commissioner Dousherty and Presi-
dent Halpin OF the Repu blican County Commit
tee came 10 Albany on the same train tonight
Il told Mr.. Halpin,' said Mr. Dougherty, That
the Republicans would make capital out of an
investigation only IA one way, and that was TO
have the investigation absolutely thorough and
searching. I told him il the Republicans were
not willing TO make il thorough they might
better drop IL. The people cannot be deceived
about an investigation They will soon discover
whether II Is sincere"
What do you think OF the Governors attitude
toward the subject" Mr.. Dougherty was asked
1T seems 10 me TO be fair" said he.
New-York tribune., 1905-01-25
SPEECHES ON CANALS.
Isthmian and Barge Told OF al
TRANSPORTATION Club Dinner.

At the Hotel Manhattan last night the iueioelS I :
of the Transportation Club gave their nih'h
dinner in honor of representative men VIM ~
been identified with the canals of this country
senator Depew. president of the club. acted as
POSTMASTER There were about two hundred per
sons nresent Addresses made by Senator
DoneNr d. Cioulder of Cleveland. counsel for
the Lake Carriers Association: f. a. Bond or the
State Canal Commission; Willis Fletcher Johnson
E. H Butler and F. S. Fassett, of Buffalo.
In his speech Senator Depew said;
The charge has been made that the railroad men
are opposed to canal Improvements or construc-
construction of the isthmian canal as Wen as
the barge canal project in this State. As FAR as l
know and believe that l express the sentiments
of the up-tO-date railroad men OF to-day, the rl-
road men of this State and this country believe
that every method of transportation wnlch en-
larges the facilities for reaching the markets anu
the producing centres and stimulates the proouc'e
area will be productive of good results.
Senator Depew commended President Roosevelt
for what he had done toward obtaining the con-
struction of the isthmian canal
Mr. Bond. in speaking of the barge canal said:
When the bids were opened for the work of con,
structing twenty-five miles of the new barge canal
we found that the bids which were submitted were
Is per cent lower than the estimates which were
made by the engineers. The matter OF awarding
from the Attorney General. | believe, however.
that favorable decision will be rendered by that
tracts according to the bids which have been re-
ceived. believe that the canal VIII be constructed
within the sum originally appropriated for that
work
Willis Fletcher Johnson made interesting
speech telling of his recent visit to Panama, and
when the time arrived for the starting or the work
on the isthmian canal
New-York tribune., 1905-01-25
LA TOILETTE ELECTED.
Clark, Scott and CalberS0n also Re
turned to the Senate.

Madison. Wis. Jan. 24.-Both houses of the Wis
eonsin Legislature at noon to-day voted separately
for United States Senator. Governor La Toilette
being named
The vote in the Assembly gave La Toilette Rep).
so: Martin Leuck Dem), IL: Victor L. Berger
Socialist Dem.), 8.
The Senate vote stood La Toilette 2; Quarles.
2; Lueck g. and Berger. l. There were six mem
bers absent in each body.
The election will be ratified in joint convention
tomorrow.
Cheyenne, wyo. Jan. 24-Banots taken to-day
in both houses of the legislature assure the cleo
ton of Clarence D. Clark for another term in the
United States Senate at the joint session to-mor-
Charleston W. Va jan A-Each house of the
legislature voted separately to-day for United
States Senator. In the Senate Senator Nathan B.
Scott received "a votes. while the Democrats cast
votes for John T. McCraw. of Grafton. W. Va In
the House Delegates Scott received IS votes and
McGraw %.
Austin. Tex, Jan. A-The Texas Senate and
House of Representatives. met separately to-day and
balotted for United States Senator. Charles A Cui-
berson the present incumbent. was elected without
opposition.
Trenton N J.. Jan. 24.-The two houses of the
New-Jersey Legislature voted separately to-day for
a United States Senator to succeed John kean.
whose term is about TO expire. Mr.. Kean. who was
the choice Of the Republican joint caucus to sue
ceed himself, received majority of the votes ana
will be formally elected to the Senate at a joint
session tomorrow. Colonel Edwin A. Stevens, or
Hudson County, was voted for by the Democrats
The vote in the Senate was: Kean, IA stevens O.
The vote in the House was: Kean. 4S; Stevens ID
Carson New, Jan A-The legislature balloted in
seharate session for United States Senator to-day
The vote resulted as follows: Senate-John Sparks
Dem.). 10; Nixon Qsep.(i Z. Housensparls, ,3 Is;
nee. The two houses win meet in joint session to-
morrow at which time Nixon will be chosen to sue
ceed Senator William NJ. Stewart. Nixon is a
banker, and also has large mining interests in Ne
Vada.
New-York tribune., 1905-01-25
F. H. CRoKER's BODY DUE TODAY
His Brother in State of Collapse Because
of Death,

Frank H. Croker's body Is due at Jersey CYtv
by way of the PENNSYLVANIA Railroad at 5.a5 his
morning While the arrangements for the r,,,araI
will not be decided until to-day IL Ia said that
the body will be placed in the mortuarv of o.
Eeo's Cathoie Church pending Richard Croker 5
arrival from Europe
A committee Of eight from the Democrats C,,rh
will meet the body OF MIR. Croker when il reaches
MIR Fox has received a cable dispatcb sro
Richard Croker saying that he will san iron, E
land for this country to-day the Kaiser Silhsi9
der Crosse.
Richard s. Crocker IL in state or collapse ana
has been under the care OF a physician since his
brothers death.
Relatives have received several cable messages
from Richard Croker, but would not say whether ar
not he coming home
New-York tribune., 1905-01-25
COOPER UNION VICTORY.
Coart of appeals Sets aside pan-
derbHt Hotel Assessment.

Albany. Jan. 24-The Court of Appeals mas al
frmed an order setting aside assessment of
$4,000 on real estate at 42d and Add sts and
Lexington-ave,. New-York City. including the
Vanderbilt Hotel property. owned by the cooper
Union. the ground that the income from the
property was used TO support the Cooper IN
stitute. semi-public institution.
The City Board of Taxes and Assessments held
that the property was used for hotel purposes
and that the income went to the Cooper heirs
for their private benefit.
New-York tribune., 1905-01-25
TO ABOLISH RAPID TRANSIT BOARD

Albany. Jan. A-An amendment 10 the Rapid
Transit act of New-York City OF 1891, introduced
this morning by Mr. Young. OF the 2lst New
York District. abolishes the present personnel OF
the commission by terminating their tenure of Of
fee simultaneously January 2 1906. and provid-
ing for a new commission OF FIVE including the
Mayor and Controller. 10 be appointed by the
Mayor for terms OF two, four and six years after
which appointments shall be for six years
AS the commission exists to-day IL is sef-per-
petuafing.
New-York tribune., 1905-01-25
FARMERS TO STOP GRAIN BUYISa-
Bill Before Nebraska Legislature Will FuR
1t in Glass with Gambling.


Lincoln Neb Jan. 2t.-Representative Ward "a =
troduced to-day in the legislature bill thar I.
passed, viii put stock gambling and deahns "
grain futures in the same criminal statute -, -
Subject to the same penalties as poker and ls.c'
The granger members. who are In the nls.}l.' IA
are all pledged TO il, and Governor MlcAsS
pledged to sign it. an Il
The mere fact that grain declare lt VII,
strictly construed. prohibit buying and StsS+srs
grain for future sale, has not affected tnc ara
mination of the legislators thus far lHgS NJ
after the elevator trust and Wiling 70 80 :" -"
extent TO put IT out OF business
New-York tribune., 1905-01-25
BRIBERY CHARGED IN CHINESE CASE.

Charged with accepting a bride to permit a
Chinaman 10 enter the United States at New-Or-
leans. George Sladowich immigration inspector
at Ellis Island. was arraigned yesterday before
United States Commissioner Shields.
sadowich. who fye months ago transferred
from New-Orleans to Ellis Island, pleaded not
guilty and was held in 81 800 bail for examination
next Tuesday. Sladowich declares the charges
based spite.
New-York tribune., 1905-01-25
COURT RESTRAINS MAYOR HOGAN
Law Creating Municipal improvements Com

AlDshy' jan z4-Ihe Court OF Appeals to-day
Aiiiiaeo an oroer OF the lower courts restraining
Mayor James F. Hogan ana other members of the
Municipal improvements Commission OF Troy from
scting under the law creating such commission
on the ground that the act is unconstitutional
New-York tribune., 1905-01-25
x.RAYS To FIND TUBE AND PIN
They Slipped Into Patients Body After an
Operation

few days ago operation was perIOl''.-1,
Frank Tozzi after which Dr. Fl. H. swift i7S's -
drainage tube two and one-half inches N.a 80
through an ncision in the mans back
safety pin held the tube In place ,,,a he
Yesterday when DR. Swift dressed the ssarch
found that the pin and tube gone - ohv-
Was made. but they were not found sn1 s, into ths
scian decided that they must have SnpPcI1 ~ rava
mans body To-day, at Bellevue HosplsatE, anll
will be used 10 try to md the missing tu0S
pin
New-York tribune., 1905-01-25
WON'T REVIEW ASSESSORS ACTION

Albany, Jan. 2i-The Court Of Appeals to-day re-
fused TO review the action of the New-York city
assessors in taxing the property owned and used
athletic field by Adelphi College on the
ground that teams not connected with the college
played there and paid a fee for the privilege