davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1906-04-17
TO RECOVER BREW ERY.
M'CLENAHAN CASE UP.
Counsel for DaUid Stevenson Charges
Systematic Fraud.

Justice Blanchard in the Supreme Court yes
terday listened to arguments on a demurrer to
a suit brought by David Stevenson to compel
James McClenahan, as trustee of the Stevenson
estate. to sell back to the estate the brewery
property which McClenahan some years ago
transferred 10 a corporation of which he is said
to hold nearly all of the stock. The decision of
Justice Blanchard will not be given until there
is opportunity to hand up briefs. but it will
be of interest to lawyers generally account
of the peculiar questions of law involved.
1t was shown yesterday TO Justice Blanchard
that after the death of Mr.. Stevenson's father
in 1892, the business of the brewery carried
on by McClenahan for two years at an annual
profit of 100000. for the benefit of the estate.
Then trustee of the estate, McClenahan
transferred the brewery property to the corpora
ton he had formed, the corporation giving
mortgage Of S1.500Q00 in payment.
Arguing against the demurrer yesterday Mr.
Beard. Of Mr.. Stevensons counsel. said there was
presented in the transfer of the property sys-
tematic fraud by which McClenahan meant to
obtain full possession of the property for moth
ing. Without investing risking dollar Mr.
Beard said. McCienahan had transferred the
brewery which earned 100000 year to a cor
poration which he controlled absolutely. giving
to the estate mortgage on which the estate
received only $50 900 a year McCIenahan. it was
declared, was thus able to make the estate pay
him $4,000 year. and the money had been
used since the mortgage given to reduce
the mortgage to $1,OO0.OOO. At the present time
therefore. the estate receiving only $4,000
a year from the brewery. while McC1enahan was
receiving S1j0,OO0 a year. and in a few years
he would pay off the mortgage and own the
brewery if the courts did not compel him to
linquish his hold and give back the property TO
the estate
The question presented to the court, Mr.. Beard
said. whether a trustee of estate could
sell the estate to himself and make the heirs
pay for IT out of their legitimate income. He
said the defendant in the suit had admitted the
facts in the and had no defence except to
interpose the demurrer.
In another suit brought by Mr.. Stevenson
against McClenahan to recover S65, 900, which
McClenahan is alleged to have obtained by fraud
from Mr.. Stevenson while acting as Mr.. Steven
sons individual trustee, McClenahan has agreed
to return the money before April "a. McClena-
han recently removed trustee for Mr..
Stevenson
New-York tribune., 1906-04-17
CAB RAMS STREETC4R.
Several Passengers Hart IN Collision
zcith Electric Machine.

An electric hanson, running west in 34th
street dashed furiously against the side of a
streetcar running east opposite the Waldorf
Astoria, last night. and six persons were badly
cut and torn by pieces of flying glass. Five
windows of the smashed TO bits. The
passengers almost thrown into a panic.
The line tied up for half an hour and the
parior of the Wadorf-Astoria was turned into
an emergency hospital
No one was seriously injured. as far as could
be learned Mrs Katherine Fitzgibbon of No
693 Second avenue, cut about the face and
hands; Miss May Muller. of No. $50 9th street,
cut on the face Andrew Anderson of No. 529
West 10Th street, on the face and
hands. and George Keyes. the driver of the ham
SON. was bruised slightly about the face All
were attended by DR.. C. F. Adams. house physi-
clan of the Waldorf-Astoria No arrests were
made.
The streetcar was badly damaged and was
ordered to the barn. Andrew Anderson one of
the injured men. said TO be a broker was in
the cab with two women, whose names were
fused.
New-York tribune., 1906-04-17
STRIKE RIOTS DEAD.
MINERS TERRORSTRICKEN
Appeal to GO0ernor of Pennsylvania
for Troops.

rotnstOwn, Penn, April 16.-Threa MAJ, -.
,esn shot dead. boy fatally wounded ana =
roining engineer, Eugene Delaney. taken 70 tha
hosnfaI in 4 serious condition as a result of
;o, ri Windber among the striking coal miners
night The place is in a state OF ter-o.
e..-5T Besiey has been summoned and an on
.esl has been made to Governor Pennypackar
. +r,,ons. several other rioters have sustainaa
sight injuries.
The trouble started at > o'clock, when DENNY
,-s.-,o "A. " McMullen went to mass meet
49, held by the striking miners in wood AFT
.ro 80 espe Of the town. Many of the miners had
,oon drinking. and the sight of the deputy made
,hem furious.
THE officer was quickly surrounded by mad
s.,ss miners who threatened 10 kin him. Nc
,ruIen fed for his life. finding refuge in the
t.,sa NJ Councilman Charles Davis. Practically
.,-.-v man AZ the meeting Joined the chase
rse Davis house was surrounded by mob Of
onnO shouting, cursing miners. who challenged
,,cNuren 70 come out. When McMullen failed
= sppear the mob attacked the house and
r.sraIlv wrecked IT, The deputy sheriff was
-ouehly handled. but again managed to escape.
The Davis family fed 10 the homes of neigh
hors Other deputies guarding the property of
,ba coal company had been told Of the trouble
,v this time and twenty of the rioters We're
landed in the lookup at windber. The mob.
headed by Paul Zills, then planned an assault
AZ the Jail. with the purpose OF releasing the
,-ssoners 4 great crowd of the strikers, with
zzIls Al their head. marched to the centre OF
re town and prepared TO storm the jail. The
Ssnutv sherifs fixed the bayonets 10 their rifles
snd surrounded the jail.
AZ a signal the mob began to close in on the
ssg shouting 10 the deputies to throw away
;Ssr guns and give up the prisoners. The off,
cs-s first rried 10 keep back the mob with bayo-
rs-s but finally opened fire. Those OF the for
aignsrs who We're closest 10 the Jail had already
tsrrn using knives. while others fiourished re-
[olvers The deputies fired one volley and the
so-eigners broke and fed, leaving their dead.
Fasrs are entertained that the strikers will make
another effort 10 free the rioters now IN jail.
New-York tribune., 1906-04-17
PEADY TO WORK MINES,
anthracite Companies Gather Men
to Fight Union.
rBy Telegraph to The Tribune.l

WIIkes-Barre, Penn. April 16.-The prepara-
ticns OF various coal companies in this district
tr an attempt to mine coal as soon as strike is
declared are being hurried. The Erie Company
already has enough men. its officials say, 10
work two mines, and some OF these men are
now at work
The Ontario & Western Company is as well
urepared and its officials report that the miners
are now in the collieries and at work. The
Delaware & Hudson has gathered many miners.
and its local representatives, are only awaiting
he word from headquarters 10 start work.
All these companies have many men behind
ia stockades Of their collieries to act as
gards and have imported some unskilled
Torknen who vii be able 10 run their wash
cries and are now working in several Of them.
Other companies declare that they have long
list Of names Of men who oppose strike and
have offered 10 work If one is declared.
New-York tribune., 1906-04-17
TEMPLE OF ARTEMIs DISCOVERED.
Famous Structure Found on Bank of Eurotas
king Edwards Congratulations.

Athens, April 16.-King Edward and Queen
Alexandra will arrive here tomorrow. The visit
Of the King and Queen comedies with the an
nouncernent by DR.. Bosanquet. director of the
British School of Archaeology at Athens, that he
has discovered on the bank Of the River Eurotas.
near the site of the ancient city Of Sparta, the
famous temple of Artemis with many statuettes,
gold silver and ivory ornaments and other relics.
DR.. Bosanquet first communicated his discovery
TO King Edward who to-day telegraphed his
congratulations.
The temple OF Artemis Diana Of the Ephesians)
mos founded 600 years before the Christian Era in
Fphesus. and was rebuilt 200 years later
New-York tribune., 1906-04-17
THEFT OF 100000 BARRELS OF OIL.
lBy Telegraph to The Tribune-

[By Teegraph 70 Tie IIIuuhe ]
Galveston. April ia systematic robbery OF
the oil pipe lines in the Sour Lake and Saratoga
6elds by which something like 100000 barrels
of oil have been stolen. has been unearthed by
detectives. after q months search. Two pipe
lines, said to be controlled by the Standard.
had been tapped by small pipes underground.
and their mouths opened on the banks Of a
stream. Here the oil was barrelled and shipped
10 a market in New Orleans. Five men, said 70
be the thieves, have escaped. The rObberies
have been going for year
New-York tribune., 1906-04-17
FEDERAL BUILDING OUT or COAL.

he coal supply gave out n the Federal Buiio-
-s' Brooklyn, yesterday owing 10 the lmpossi-
y because Of the strike OF obtaining the si hiliu
So Tue Us by tie engines. The morning ma ma
- ',ce was held up as the pneumatic tupe I' IouLu
~ ~ " operated for "a while. Later ne autho.l.
- pct any kind Of coz that they cond Duy
80 no engines .gore - .. motion. More ooAi
~.ee!ed This morning.
New-York tribune., 1906-04-17
BIG wAsHERY RESUMES WORK.

-@1naQua, Penn. April 16.-The Lehigh Coai
- navigation Company to-day operated lls
e No 20 wasEery with a small force. TINS Is
49, 49, Al.t washery near here that has resumed
'~e l-e -sscrsiDa O-de- yas Issued.
New-York tribune., 1906-04-17
REVELATION FOR LATTER DAY SAINTS

Kansas City, April ls-Joseph Smith. president
~ the Reorganized Church Of Latter Day Saints
to-day gave the conference Of the church in ses
eion in Independence No. revelation which ap-
points lis Frederick VI. Smith to be his sue
cessor in the event Of the fathers death
New-York tribune., 1906-04-17
1s HOURS TO CHICAGO, PENNSYLVANIA
SPECIAL

Leaves New York 3sl p. m, arrives Chicago s55
a. m. via Pennsylvania Railroad Other fast trains.
Rnek ballast roadbed.-Adyt
New-York tribune., 1906-04-17
AN AMERICAN WOMAN EXPLORER.
Mrs Laura Fitzgerald Starts with Expedi-
tion for Atlas Mountains.

London, April 1.-THE correspondent of The
Daily Mali at FL Araish reports that Mrs. Laura
Fitzgerald. an American, left Mogador April
with an expedition 10 explore the Atlas Noun
tains in the region of the Gundafy Highlands
the scene of Cunninghame Grahams capture by
Moorish brigands years ago.
Mrs. Fitzgerald is the wife OF William Gordon
Fitzgerald OF New York whom she married last
January. Mr.. and Mrs. Fitzgerald left New YORK
a few weeks after their marriage for trip around
the world.
New-York tribune., 1906-04-17

Equinox Ginger Champagne-Blnest
aa!noX Spring Co. y. i. offs, Tel 6l5l + kim
New-York tribune., 1906-04-17
Continued on third page,
DEWEY's "eRUT cuvEE" CHAMPAGNE.

Its Quality. Sparkle and Dryness are superb.
ii. t. Dewey & Sons Co.. l3S Fulton St, New forA
-Adyt
New-York tribune., 1906-04-17
POOLROOMS MUZZLED.
CENSOR BLOCKS WIRES.
Jockey Club Keeps agreement at
Aqueduct Opening.

1t developed yesterday at the opening Of the
metropolitan racing season at the Aqueduct
track that the heretofore secret agreement be-
tween the Rev. Thomas r. Slicer and the Jockey
Club, as intimated in The Tribune yesterday, is
a renewal of hostilites against the poolrooms.
The Queens County Jockey Club, which took
the initiative on the request of the Jockey Club.
kept its part of the compact so well that the
many poolrooms in this city were badly ham
pered in their business some OF them discontinue
ing entirely the acceptance of wagers. 1t was a
severe blow for the poolrooms.
The methods adopted by the Jockey Club TO
make difficult the successful operation of the
pcolrooms were as simple they effec-
tive Most important of these was the discon-
tinuance of the Western Union Telegraph Com
panys office at the track. which was taken
charge of by the club and over which rigorous
censorship was established. Thus the informa-
tion necessary to the poolroom keepers, such as
jockeys, odds, scratches and added starters. was
kept from them until it too late for use.
The further precaution was taken of not posting
these details until half hour before the race.
whereas heretofore they were. with the excep-
tion of the odds, always conspicuously dis
played in the betting ring. The racetrack bet
tors however suffered no inconvenience by rea-
of this change.
CLUB TAKES WESTERN UNION OFFICE.
Secretary Rehberger Of the Queens County
Jockey Club made this announcement:
In consequence of the disconnection of the
Western Union public service on the grounds Of
the Queens County Jockey Club all kilograms
will be subject to a delay Of about thirty MIN
utes.
The club took charge Of the telegraph office
and placed In charge its own operators and
censor. Dispatches to the afternoon newspapers
fIya oil Otb RI
delay and flashes" or rush bulletins were not
accepted. Where formerly hung the sign Of the
telegraph company there new one. which
read:
New-York tribune., 1906-04-17

For people who are in hurry and yet want per-
feet comfort in travelling, the New York Central
offers uneuualed facilitles.-AGyt. :.
New-York tribune., 1906-04-17
Bureau of Information.
Bureau Of Investigation.

The club provided even its own telegram
blanks, on the backs of which were printed:
1t is agreed between the sender of the fore
going message and Queens County Jockey Club
that the same is accepted by said Queens County
Jockey Club as the sender's agent without Habli-
ity for the purpose Of transferring the same 10
the Western Union Telegraph Company. subject
TO all the rules and regulations Of said company.
and in particular II the terms and conditions OF
said companys regular sending blank known as
its Form No. ,.
Full credit for the success of the first agSres-
sive move against the poolrooms was given to
Mr. Slicer, who was elated last night over the
manner in which the plan worked.
TT is now up to the Mayor Commissioner
Bingham and District Attorney Jerome he said.
Robert PinkertOn, in charge OF the detective
force at the track did his part in preventing a
slip up of the Jockey Club coup de grace. Every
point from which advance information might be
transmitted was carefully guarded. The en-
frances, too, were watched, for it was suspected
that the poolroom men. contemplating the nat
ure of the proposed sterilized betting, might
have runners at the track who could after the
race telephone the results Immediately to this
city.
NO RUNNERS ON HAND.
But no such arrangement had been made. To
carry out such plan successfully it wauld be
necessary for the poolroom men to have six run
every day.
Aside from this change in the method of for
warding racing information to the poorooms no
steps will be taken TO sterilize betting on the
races II has been said that efforts will also be
made TO prevent "plunging' at the tracks, but
this is more of an affair between the plunger
and the booknaker and cannot be so easily ac-
complshed as can the closing up Of the pool
rooms
There was no change in the betting methods
at the track yesterday and bets were as freely
made and odds posted in the same way as be
fore.
The National News Company a concern fur
nishing racing information, was also seriously
hampered
Mr.. Slicer when asked last night to express
an opinion on the first days effect OF MS plan
10 close the poorooms. smiled and said:
1 am thoroughly satisfied Our plan has been
carried out successfully, just expected. The
agreement was carried out 10 the letter and l
Continued third page.
New-York tribune., 1906-04-17

No doubt great corporations have come to stay:
no doubt certain degree Of monopoly is insep-
arabic from their sides and accumulated might
but they may. by scrutiny and regulation be tread
from the spirit of monopoly. The statesrnanshlD
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23

major said, were obliged to rent out rooms
in their homes to make both ends meet.
Some years ago. the major said. sergeant
had come to him and confessed that he
did not know what he was going to do
He had started out In married life in two
rooms. When few years passed by and
there were additions to the family the ser
geant was forced to move TO a larger place
He now has thirteen children and he is
somewhat In doubt as TO how he Is going
to take care of them and pay the rent
Commissioner West said that the number
of insane in the District was giving the
Commissioners and police department con-
siderable concern. Last year there were
owed 600 persons examined, and 470 of
them were sent to asylums.
The Commissioner had been interested
enough In the matter and sufficiently con-
cerned about It to look at length into the
history of the cases. He was still making
that investigation. He saw melancholia and
manias more prevalent than he had ex-
pected and the drug habit in those cases he
had examined had less to do with them
than he had expected to find.
At IL O'Clock the subcommittee adjourned
and Representative Campbell announced
that another hearing the Babcock and
Cooper bills would be had tomorrow morn
ing at hatf-past 10 o'clock He said that
any one interested in the proposition and
who desired to be heard would be given a
show by the subcommittee.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
The Palais Royal,
Mem
Glove Headquarters.
A. LISNER.

Glove Headquarters.
The business in Mems
Gloves is to be largely
increased this spring and
purchases have been
made accordingly.
Gentlemen's best ST
and $r.5o Gloves are to
be associated with the
Palais Royal. 1ntroduc-
tory sale tomorrow.
ST Gloves, Boo.
SI.5o Gloves, SI.35.
Fitted at our risk by
experts and the future
good wear guaranteed.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
FILED FOR PROBATE.
Wills of Catharine Mccarthy and
Alexander Fishel, Respectively.


The will of Catharine Mccarthy, dated
March q, 1905, was filed for probate to-
day in the District Supreme Court All of
the estate of the deceased is devised to her
husband. Charles Mccarthy. for the re-
mainder of his natural life. At his death
the interest of the testatrix in lot 20 of
square l2O4 Is to go to her son, Daniel Nc
Carthy, and her interest in lots % and 90
of square 1926 to her daughter. Mary Ellen
Tanning for the term of her natural life,
and to her children at her death Should
she have no children surviving her. that
real estate is to become the property or
her son. Daniel Mccarthy.
The latter Is directed to pay to his broth
er, jeremiah P. Mccarthy. the sum OF 500
in the event of his return All the rest of
the estate at the death or her husband is
to go to her son Daniel, who Is named as
executor
By the terms of the will of Alexander
FisheI. dated February 5. 1906 and hled
for probate In the District Supreme Court,
several monetary requests are made to near
relatives of the deceased. The sum or
81 eco Is devised to Bird A. Jacobs or East
Berlin. Pa. who is also named to manage
the business which the testator conducted
at 728 Tth street northwest and at 20 Main
street, Norfolk, Va, until the lease in each
case shall have expired The proceeds
from these business interests are to be
distributed as follows: One thousand d2l-
lars to Annie NJ Jacobs, sister of the tes-
tator; 81, 600 to his nephew, Charles Lau;
81, 500 to Bird A. Jacobs. in trust for
Harvey H. Lau, also a nephew of the tes-
tator; 5000 each to curtis tishel, Ella
Hildebrand and Maggie Dicker, children OF
a deceased brother; $1,000 to Bird A.
Jacobs in trust for Lille Lshmon, niece OF
the testator: $1,000 each TO George Jacobs
Nettie Bangham, Nettie Jacobs ana biro
A. Jacobs, and $1,000 to the York Trust
Company of York, Pa, in trust for the
care of the graves of the immediate family
of the deceased. Bird A. Jacobs is named
as executor.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
Onyx" and ssHerlnsdOrf" Hos,
For Tomorrow Only.
Jsual ST Gloves for only 6oc.

Tailor-made Suits at SIS. $50. Sc. $40.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23

ton OF marrying her. and developments
Will prove that L did not assault my wife"
DIR. Brooks spent almost two hours in
the Office of Capt Boardman. and his state
ments were the same as those he made the
morning an effort was made to chloroform
his wife. He related the story OF the ind
ing of the stolen articles about the house
and in front of his home. as heretofore
stated, and of the return of the diamond
ring. as was related by his wife. Many
friends of the physician called at police
headquarters during the time he was being
examined with offers of assistance His
father and mother were among these call
ers. The former, the Rev ]. II. Brooks Is
assistant pastor OF Wesley Zion Church.
He objected to the classification OF his son
oc
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23

The Comparison Sale"
that vastly superior suits are
pair of the Corsets Nine. La
You'll hardly know yoursel
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
Celebrated at Toxic.

The observance OF Washingtons birth
day at Toxic was In charge of Mrs. Hunt
ington Wilson. wife of the first secretary
of the American legation. who gave a bril-
liant reception, which was attended by the
entire American colony and by numerous
Japanese graduates OF American colleges
Prince Arthur Of Connaught and suite, ac-
companied by Admiral Togo, surprised the
assembly by putting In an appearance al
the reception. having cut short visit to
the admiralty at Yokasuka for the pur-
pose.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
National Assembly to Meet May 1.

Special Cablegram to The Star.
PARIS, February 23.-The Mathis corre-
spondent at st. Petersburg states that the
government has decided that the national
assembly shall meet May 1. RussIa's want
of money is so great that she is prepared.
the correspondent says, to give commercial
advantages TO the United States for the ex-
ploitation of Russian Turkestan for forty
years on payment of S200000,0O0.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-23
DR.. BROOKS DENIAL
SAYS CHARGE AGAINST HIM Is
ABSURD.
Was Arrested on Suspicion That He
Assaulted His Wife-The AL
legged Robbery.

DIR. Philip Broome Brooks. the colored
physician who reported to the police that
his home. 31S 3D. street southwest, was en-
tered by burglars at an early hour Wednes-
day morning and robbed. as stated in We'd
nesday's Star. was placed under arrest last
night by Lieut.. Mathews and Detective
Cornwel This action was taken, it is
alleged, because the police suspected that
the physician knew more about the affair
than any other person. and 1t had been
stated that the doctor and not a burglar
had assaulted Mrs. Brooks. Edna Russell,
twenty-eight years of age. arrested
and held witness. Taylor Walker. who
is employed as driver for the physici6u,
was also taken into custody for the pur-
pose Of giving the police an opportunity 10
question him.
DR.. Brooks was arrested at his home last
night about II o'clock. He was In bed at
the time the police called there Their
call at the midnight hour did not seem to
occasion much of a surprise. the physician
responding to their call and accompanying
them to the fourth precinct without utter
ing a word OF protest DR. Brooks was
closely questioned In the office of Capt.
Boardman this morning, Assistant United
States Attorney Given being present. The
attorney heard the police to what they
claimed and received statements regarding
what they actually knew Of the affair in
addition to what DR.. Brooks said. There
was nothing developed upon which TO base
a charge of assault upon his wife and Capt.
Boardman therefore concluded to release
the doctor upon his promise to appear at
any time he might be wanted. Attorney
Martin, counsel for Dr. Brooks, agreed 10
produce his client at any time, and the lat
ter was thereupon discharged from Gus
tcdy.
Declared to Be Absurd.
During the investigation of the affair the
police were told that Mrs. Brooks thought
her husband wanted TO get rid OF her IN
order that he might marry d white woman.
This womans name was given as Edna
Russell and her address as 1904 ID street
northwest.
THE statement that L wanted to marry
Edna Russell is absurd DIR. Brooks told
a Star reporter after he had been released.
II have only seen her few times, and
upon those occasions L saw her profes-
sionaIly. L can prove that 1 had no inten-