davidaulloa/AmericanStories huggingface dataset:
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1906-06-23
THEDASY FLYKLlER ssEs. all s :,s ae

ithhull. nOrillleHA
TO persons.Clean,
neat and will not
soil or injure
anything. Try
them once and
you Will never be
without them. II
not kept by deal
ers, sent prepaid
or 20c. Harold
somers, li9Dekalb
Ave. , Brooklyn,N.Y.
New-York tribune., 1906-02-24
COLER 4NSWERS SHEPARD
DepIOres Fact That Latter Is COun-
sci for Transit Com pany.

Borough President Coler replied yesterday TO
the recent public letter of Edward NJ. Shepard
in which he said among other things, that MT
Coer was wrong when he said that he (Shep-
ard) was counsel for the railroad merger. In
his letter Mr.. Coler says he does not remember
having made such statement If he did make
the statement, Mr.. Coer said it concerned only
the public aspec, of that relationship"
Regarding Mr.. Shepard representing a trans
portation interest and then seeking privileges
from the Rapid Transit Commission, of which he
was formerly counsel, Mr. Coer says he does
not withdraw his statement in the least. Con-
tinuing. Mr.. Coler said
II may be right for a lawyer of exceptional
ability to obtain by intimate professional rela-
tionship with one of the citys boards an eX-
perience and knowledge which cannot but make
him an extremely valuable adviser to trans
portation corporation having business dealings
a retainer from such a transportation corpora
ton. but 1t is an extremely unfortunate thlng Tor
the city that such A practice prevails ana mas
the approval of men so distinguished and so
clean minded you.
Mr. Coler says he feels that Mr.. Shepard, as
counsel for the New-YOrk Connecting Railway.
would guard the interests Of the road in its ap-
pcation for a franchise. He cites case where
Mr. Shepard advanced his clients interests
rather than those of the city. This case was the
one where Mr.. Shepard indirectly petitioned the
legislature for ruling on the franchise granting
power to the Board Of Aldermen
New-York tribune., 1906-02-24

two were from Brooklyn. Lawrence Veiller.
ceiyed word from the clerk of the committee
that the Senate committee would give PUBIC
hearing on the bill on Tuesday next Mr.. Veiiier
will represent the City Club at the hearing
Chase MeIIen will argue against the constitu-
.ionality of the Elsberg bill in its present shape'
and James l. Wells said that he would have on
hand about twenty-fou different organizauohs
from The Bronx, all prinled for fight to the
last ditch against the Elsberg Dill IN lts pres
ent form.
George L. Rives and Albert B. Boardman'
counsel for the Rapid Transit ColninisSloh'
were at the conference yesterday MI fiNeS
repeated some OF the arguments that ne hau
hitherto made against the mandatory Iea,ures es
of the Elsberg bill. He said that 1t would De
practically impossible to get an operator Tor the
tunnel unless IL could be known when IL was
built what il going to cost
Mr. Melen said that the Elsberg bill was a
violation of the principle of home rule. he
said that the Rapid Transit Commission should
have full power TO let all the contracts in con-
nection with the bundlng ana operation Vi the
tunnel
Assemblyman Prentice will have conference
with Senator Elsberg on Monday and 1t was
said last night that he would serve notice on the
Senator that he (PrenIiceD would oppose the
bill in it's present shape.
John Ford and William NJ. WINS were invited
to the conference. but were not present and they
cid not send letters Of regret When Mr. WINS
was at his office he said:
L am in favor of the Elsberg bill. The people
at the City Club are against the bill. II was no
place for me at this time. The people at the
CITY Club seem TO he the legal representatives
of Thomas L. Ryan"
New-York tribune., 1906-02-24
FAINTS AWAY At TRIAL.
PatrOlman focused Of Lying about
AnOther officer ILL.,

Patrolman Edward T. Cody fell In n faint before
Commissioner Bingham in the trial at Police
Headquarters yesterday morning. He carried
from the and revived. and his trial had to be
adjourned until the afternoon
The charge against Cody. that he had made false
in Yves; 30th-st, grew out of story that
Iied to the District Attorneys office soon after the
arrest of Bertha Claiche for staying Emil Gerdron
Cody Is being prosecuted the charge before Com
Ely. who is the prosecutor in the trial of Bertha
Claiche which is to be resumed Monday in the
Criminal Branch of the Supreme Court The story
that Cody's trial is intended to sift that
other policeman at the 30th-sJ station induced
Bertha Claiche to shoot GeTdron.
When Cody's trial went yesterday afternoon
his counsel made repeated efforts to delay IL, but
General Bingham firm in ordering ii to pro
ceed. Cody sat In chair and appeared 10 be ILL.,
Patrolmen Rillafe- and MARITIME testified that they
heard Cody say at the police station of Patrolman
Harry Morton:
II told Morton that his French girl in the Tombs
squealing. He said il wasn't because he haI
got letters from her
PatrOman Morton. called a witness ad-
Vsed by CodS's counsel 10 be careful, his state
ments might be used against him
stop right there said General Bingham TO the
lawyer. "You keep away from this witness OF
I'll put you out
Morton testified that he never had conversa-
and Martino. He said he had visited Bertha Claiche
in the rombs. but he denied having received
letters from her. Codys trial VIII be continued
this morning
New-York tribune., 1906-02-24
CORRESPONDENT NOT PARTY TO CASE.
Status Defined by Appellate Division-Can
Be No Judgment Against Him.

The rights of a correspondent under the law
in the trial of a suit are treated in a decision
handed down by the Appellate Division yester-
lam n. Baller against Naomi $. Ra!ler, and The
odore E. Lawton was the correspondent. On
February ). 1904, the issues OF fact were tried
and found for the plaintiff
The following month before the hearing for
final judgment. Mr.. Lawton, as correspondent,
served on the plaintiff . demand for the service
Of the summons and complaint. This done.
but when the ease came on for hearing the CO
respondent moycd that il be stricken from the
calendar, arguing that he had resolved no notice
of trial. This denied. and finally the plain
tiff got an interlocutory Judgment of divorce.
Justice Ingraham wrote the opinion. The APP
pellate Division is divided on the case, but the
judgment is affirmed. Justice Ingratam says
there can be no judgment against the core
spondent his position in the action is an
anomaly, the court holds. AS he did not appear
until the charge had been finally determined
Justice lnSTaham says he has no cause Of COM
plant He further points out that Mr Lawton
is not himself made a party to the action, al
though he is entitled 10 appear and defend the
Ingraham says. II there had been a sufficient
number OF correspondents, and each one should
time his appearance in the action so as 10 come
IN before final Judgment was entered. u number
of trials could be had"
Justice Mclaughlin I'm his dissenting opinion
says the statute gives the correspondent right
10 appear az any time before the entry OF judg-
ment- Presiding Justice O. 'Brien says that the
court mas no power for that reason 10 deprive
hlih OF q rlSht given by law
New-York tribune., 1906-02-24
M0RELAND AND ROGERS CLASH AGAIN
May Be Lineup of Factions Over Passage of
Appropriation Bill.

Albany, Feb. 23.-The advancement Of the Appro-
praton bill to third reading in the Assembly to-
day furnished another discussion between Assem-
blymau Moreand. chairman of the Ways and
Means Committee and Republican leader in the
House and Assemblyman Rogers. Of Broome, last
years chairman of that committee
When the bill had its second reading to-day, and
Mr. Moreand offered what he said some
minor amendments made necessary by typographi-
cal errors and omissions, Mr.. Rogers said he did
not object TO the advancement OF the bill, but
would reserve the right TO offer any amendment
that suggested itself when the bill up for
final passage.
Il have had no opportunity 70 examine the
amendments. and not informed to their
nature at the meeting Of the committee Wednes-
day said Mr. Rogers.
The acrimonious discussion which IS said to have
taken place in Wednesdays meeting of the com
mittee and to-day's incident the floor Of the
House give rise the belief in many quarters that
when the bill comes up for final passage next
week. the first real lineup may take place of the
factions in the Republican party which opposed
each other in the recent contest for the Speakershp
OF the Assembly.
New-York tribune., 1906-02-24
FIGHT TO CHANGE BILL
EiSterg Opponents Would Remore
Mandatory Features.

mo Iiis conference yesterday afternoon
g 'he Slty Club the opponents OF the f,lsberg
"I'i asserted that The bill was sure 10 be amend
60 so as 20 eliminate The raaneator, features
Aho leaNe tie subject OF separating construc
Noh ana operation % the next subway discre-
uonary with the Rapid Transit Com-,1issfo,
Asseinblyman Prentice, one OF the two Navy-
''Ik CITY members OF Tie Cities Committee of
iAe Assembly. Vas 1t the conference. and while
lac would not talk for publication afterward IL
was learned that he wss ready to make a Nebt
an me Assembly for the elia,ination Of the man
o&toTy features OF the Esberg bin.
AT the conference yesterday the irnpression
prevailed thai The biI woulG bc passed by ~.
sshate' out that the opponents of the measure
Win the help II Assemblymen Prentice and
Asne~, the local members .; the Cities Com
nlit'ee. would be able TO Kill the bin unless -
"as amended in accordance with the views 30
The Rapid Transit Comrlission
The conference was attended II Ras said b,.
representatives. Of thirty organizations opp..,ed
10 the Elsberg bil These organizations were
mostly from The Bronx anu Manhattan. but
New-York tribune., 1906-02-24
CHICAGO TERMINAL SUIT
ReceiUership 4sked For by United
States Trust Com DaRy.

Chicago, Feb. 23.-Receivershp proceedings and a
petition for accounting We're started against the
Chicago Terminal Transfer Railroad Company in
the United States Circuit Court to-day by the
United States Trust Company OF New-Yors A
number Of other transportation companies also
We're named defendants in the process
The action is based the allegation that the de-
iendant railroad company has failed pay three
consecutive sCrni-annua instalmeuts Of interest on
a mortgage. or deed OF trust, securing the payment
1884, $4,000 f0'D'0 al
The Chicago Terminal Transfer Company is a
corporation organized of the Chicago and
Northern Pacific Railroad Company. upon which
property mortgage foreclosed IN 1896 and the
railroad sold "
The other defendants named in the proceedings
which hold liens against the property of the com
ldny, are the Baltimore and Ohio and Chicago
Railroad Company, the Baltimore and Ohio Rail-
road Company the Pere Marquette Railroad Com
pany' the Chicago. Milwaukee and st. Paul Rail-
read Company the Pennsylvania Company the
chicago Great Western Railway Company ana sev-
eraI local land and transfer companies.
In regard TO the defendants the bill recites that
each OF the defendants mas. claims some right
hen, or equity In the premises and property EN-,
bfaced IN said mortgages which rights Interest
Is subordinate 10 the lien OF said mortgage
=, Inc olI alleges that the mortgaged railway and
me property as at present operated are unable 70
n ..e MOI tsase debt and that therefore the
the transfer company is insolvenI. ~
New-York tribune., 1906-02-24
PHILIPPINES HEARINGS OVER.
Senate Committee to Meet Tuesday to Decide
on Report on Tariff Bill.

Washington Feb. 2a-The Senate Committee on
the Philippines to-day finished its hearings the
Philippine Tariff bill. which have been in progress
for the last month. and Senator Lodge, chairman
of the committee, said that he would probably call
a meeting of the committee,for next Tuesday to de-
eide on a report.
There were three witnesses before the committee
to-day. They were c. T. Smith, of Michigan, who
opposed the bill in the interest Of the beet
makers; George b. Rea of Manila, and w. c. Wei
born, director Of agriculture for the Philippine
Islands, both of whom advocated the passage of the
reduction bill. Mr. WelbCrn said that he had
changed the opinion advanced by him before the
House committee, that the passage of the bill
would have the effect of bringing practically all OF
the Philippine sugar to the United States. He now
believed, he said, that even with the passage of
the pending bill much of the sugar produced in the
islands would continue to go to China
New-York tribune., 1906-02-24
GARFIELD UNDER FIRE.
Denies He Gaze ReleUant Facts to
Department of Justice.

Chicago. Feb. 23.-Commissioner Garfield OF
the Bureau of Corporations was subjected TO
severe cross-examination in the packers case to-
day. and he was still the stand when court
adjourned During the examination he admit
ted that he had turned to the Department
of Justice some information which had been
obtained during the investigation of the beef
packing industry but asserted that il was moth
ing which had any direct bearing on the case
now hearing.
The information given the Department of JUS
tice he said had been received by the agents
of the department from men all over the coun-
try asserting that they had information OF
violation of the law by the defendants. No in
formation obtained from the packers was given
to the Department of Justice he said.
Previous to the cross-eXamination by MIR.
Hynes and after the reading of the letters.
District Attorney Morrison asked Mr.. Garfield
TO give a complete statement on the alleged
turning over of data to the Department of JUS
tice.
Mr. Garfield insisted that there no in
formation obtained from the defendants that
was turned over to the Attorney General except
certain information contained I'm what was
chapter five of the report made to the President,
which had not been published. and had to do
with the prices of cattle purchased and killed.
was there anything else that was obtained
from these companies that at any time
turned over by order OF the President or other
wise?" asked.
There was not"
Nothing was turned over concerning prices of
any products, concerning profits and losses in
the business. or pertaining to expenses or mar
gins" he said.
letter of January %. 1905. from Commis-
sioner Garfield to Special Agent Durand, was
handed to the witness. 1t admonished him to
be careful in getting information from the pack
ers, so they might not be able to claim the priv
iIege of immunity. This letter had not been
DrOduCad at the direct examination or MT. Gdf-
field and the attorneys for the packers accused
eIlistrict Attorney Morrison Of withholding il
New-York tribune., 1906-02-24
FIJTILE FIGHT FOR HOCH.
attorneys Make Desperate Efforts
Murderer Dies BraUeIy.

Chicago. Feb. 23-Johann Hoch was hanged
in the county jail at 134 p. m. to-day Tor
poisoning his wife. Marie Welcker Hoch
Shortly after o'clock Hochs attorneys ap-
piled for writ of habeas corpus. which was oe-
MED by Judge Lands. and soon as 1t was
known that the application had been refused
preparations were commenced at the jail for the
execution At II o'clock Deputy Sheriff Peters
read the death warrant and at the close. said
to Hoch:
MIR. Hoch. 1 wish to commend you for the
manner in which you have conducted yourself.
and also for the preparation you have made
for the hereafter. 1 hope God will have mercy
on your soulr'
Hoch smiled and said quietly: II am great
murder
After the reading Of the death warrant Hoch's
attorneys made another desperate effort to Sc
cure legal action, but Judge Landis firm.
and Sheriff Peters refused to delay the execu-
tion further.
At 1882 o'clock Hoch stepped on the drop his
face pale. but his manner composed and his
courage unsurpassed While Deputy Sheriff
Peters was pinioning his feet Hoch asked per-
mission to speak. and. the attending clergyman
desisting from his prayers said:
Father, forgive them. they know not what
they do. l must die. an innocent man. GOodby."
He spoke in clear tones and incisive fashion
As soon as he had nnlShed the drop 1ell Death
was instantaneous the neck having been broken
While the execution was in progress Edward
Maher attorney for HoCh, still making
desperate efforts to induce Judge Landis to sign
an appeal and grant Hoch supersedeas until
his application for writ Of habeas corpus could
be tested by the Federal Supreme Court. Judge
Lands declined to act and started out for
luncheon
Judge" implored the attorney. the tears
spriuging to his eyes, don't leave the
building. Please don't do it. Give this man the
right of appeal. We want to save his life, and
sake, don't leave the building!"
You make it terribly hard for me-" said the
judge, but, l told you. cannot grant ap-
peal. My oath of Office demands that do what
/ consider right"
Maher, Joined by Comerford another attorney,
were still hunting for Judge Lands to make
further appeal when they met newsboy carry
ing extra editions announcing that Hoch had
been hanged
Both attorneys declared that the would
be continued and the appeal made finally to the
Supreme Court Of the United States.
New-York tribune., 1906-02-24
MORE CANAL DIRT MOVED; COST LESS.
Report Shows Large Increase in Efficiency at
Culebra in Few Months.

Washington, Feb. 23.-The Isthmian Canal CON-
mission has received report from Chief Engineer
John F. Stevens, at Panama, which shows that
the total yardage moved on the Culebra division
for the month of January exceeded that moved
in December and that the average cost yard for
lows:
The work report for the month of January. 1906
Culebra DIVISION shows total yardage moved of
I20 800 at a cost of ~ cents a cubic yard. Com
pairing with the figures for December. the lat
ter month shows 10,630 yards moved a of
93
The above figures are made in accordance with the
monthly reports which have been made since the
Isthmian Canal Commission took charge Of the
work, and you will that, compared with
certain months last fall, have reduced the cost
Of handling this materia! over 100 per cent.
New-York tribune., 1906-02-24
GET PROFESSIONAL JUROR
Detectives Arrest Tilinghast for
ImperSOndting another.

Charged with impersonating man who had
been subpenaed to serve on jury In the CITY
Court William II. Tillinghast. OF No. 312 West
22d-st., who according to affidavits on file in
the District Attorneys Office is a self-confessed
professional juror. was arrested by Detective
Sergeant Flood yesterday on warrant issued
by Magistrate Baker.
The officials OF the District Attorneys Office
declare emphaucally that Tilinghast admitted
he acted as a professional juror when he was
In the employ of the Metropolitan Street Rail-
way Company serving on juries and inevitably
causing disagieements in the interests of his
company
In the latter part Of last December Robert
Henderson, a glass manufacturer, OF No. IL
West 29th-st, and living at No 351 Sth-ave.
was subp9naed to serve on a jury in Part V
of the City Court where Justice O'Dwyer was
sitting On January Henderson met Tilling
hast in a saloon in Sth-ave. and chanced to re-
mark that he had to do jury duty. The glass
manufacturer was pretty busy at the time and
feared his business interests would suffer If he
were compelled to remain away from the fac
tory.
IN go downtown and fix that UP for you."
Tillinghast is alleged to have said Let me
have the subpoena and I'll square the matter"
According TO the District Attorney. Tilling-
hast appeared in the City Court the following
day. and when Henderson's called
he stepped up TO the bar impersonating the alb
sent juror. He begged to be excused, saying
his mother was very i'll, and Justice O'Dwyer,
unaware Of the alleged duplicity, excused him
for two days. 1t is charged that Tillinghast
then sought Henderson and told him that every
thing fixed. he would not have to serve
on the jury and need not worry.
When Henderson's name was called two days
later, however, and no one responded, contempt
proceedings were Immediately brought by Com
missioner of Jurors Ellison. and Henderson
hailed to court. He told a straightforward story
and
while Justice O'Dwyer, before whom he
brought for a hearing, believed I'm his inno-
cence. he contended that he legally at
fault and fined him SO. Justice O'Dwyer
afterward forwarded all the papers in the case
to the District Attorneys office, with the re-
quest that a rigid investigation be made.
New-York tribune., 1906-02-24
HAZED "MIDDIE OUT.
Kimbrougb, Whose Case Started
Inquiry, Fails IN Examinations.

Washington, Feb 23.-Secretary Bonaparte ac-
cepted to-day the resignation Of Jerdon P. Kim
brough, of Tennessee, fourth class United States
Naval Academy. The haZing OF young Kim
brough the cause of the investigation of the
affairs at ths Naval Academy. with the result
ing courts martial and the dismissal from the
naval service of number of midshpmen.
His leaving the service. however, is not con-
nected with the hazing episode. He has been
found deficient in the mid-year examination and
the academic board decided that his resignation
be accepted.
New-York tribune., 1906-02-24
MT. VERNON YOUNG MEN IN TROUBLE
Employees of New-York Drug House Alleged
to Have Stolen by Wholesale.

Harry ID. Flandreau and Arthur Henderson two
well known young men of Mount Vernon. were
arrested yesterday charge OF grand larceny
preferred by Schiefeiin & Co. Wholesale drug
supply house of New-York.
Perfumes valued at $1,000 were found on the prem
lses OF the two men. One. a watchman for the
concern is alleged Ia have packed the goods M
Illsht, While the other. who was IA the delivery
-t ..lnent, took them 10 Mount Vernon II is
aalo tha1 the amount OF property lost by the ,on-
Pany VIII amount TO over 5000.
iAe prisoners were arraigned before Judge SirnD-
son IN me Mount Vernon police court. Yesterday
aha tuIhed over TO detectives from New-York City
New-York tribune., 1906-02-24
coLER CANNOT SERVE TWO MASTERS
Says So, and Denies He Wants to Lead Kings
County Democrats.

Borough President Coler much offended yes
terday by the reports that he is attempting to get
at the head Of the Democratic forces in Kings
County. and said:
I have interest whatsoever in any tactiOnal
movement in the Democratic party. / DO not wish
the public mind TO be confused about this. My po-
sition is an official from this time until the
end of nv term, and all my time and my energy
and my strength shall be devoted TO performing
duties office of President Of the Borough
As intmated I'm my letter to Mr.. Shepard, q man
cannot serve two masters, and see no way in
which a at the same time perform faith
fully the duties OF an office important this
and act as q leader of any party organization.
New-York tribune., 1906-02-24
CIVIL SERVICE EXEMPTIONS.

Albany Feb Ex-Governor Higgins to-day ap-
proved tho action OF the State Civil Service Com
mission in exempting from competitive examina-
tion these officers:
Attendant to the presiding justice of the Appel
late Division. Supreme Court. First Department;
Assistant Special Deputy County Clerk, serve in
the Supreme Court, Trial Term. Part /, Criminal
Branch in New-YorIs, and TO be Deputy Clerk in
the Court OF General Sessions, Of New-York Coun-
~: Assistant District Attorney for Richmond Coun-
ty two additional law stenoETaphers in the Office Of
the District Attorney of New-York County. and an
attorney for the State Fcrest, Fish and Game De-
parlmoat
New-York tribune., 1906-02-24
TO PRINT 10000 MORE REPORTS.

Albany. Feb. 2S-The Assembly to-day. motion
of Assemblyman Rogers OF Broome, who is a
member of the joint special insurance investgat-
ing committee, adopted a resolution which pro-
vides for the printing OF ten thousand additional
copies of the committees report, handed down
yesterday. and the bills for remedial legislation
Uhi
New-York tribune., 1906-02-24
WILL HEAD LEPRosY RESEARCH

Boston, Feb 23.-Dr. Walter Il. Brinckerhofr
or the Harvard Medical School, has received
official notice of his appointment as director
OF the United States Government Leprosy Re-
search Hospital wie2h viii be established in
the leper settlement in the Hawaiian Islands
pr' bflnekerhon Will leave Boston In few
days TO take up the planning OF ,ba ,o.,,,,., !,
plant and the selection OF his ssafr,