davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
SAFETY LAW NOT APPLICABLE.
Widow of Brakeman Killed on Railroad Gets
Damages-FOur Justices Dissent.

washington, March Ain deciding the case OF
Katharine Schlemmer against the Buffalo. Roch-
ester & Pfttsburg Railway Company. the Supreme
curt OF the United States to-day declined to con-
slider the provisions OF the federal Safety ApDt-
ance law applicable TO the case Mrs. Schlern-
raers counsel had argued should be done. Mrs
SchIemmer is the widow OF Adam II. Schlemmer,
a brakeman the Buffalo, Rochester & Pitsburg.
who was killed in Jefferson County. Penn. In
1900 a few days after the law went into effect.
while coupling a steam shovel TO an ordinary car.
The statute fOrbids railroads 20 haul cars not
equipped with automatic couplers when engaged In
Interstate commerce. The widow brought suit in
the local state courts for $4,000 damages. The Rp-
nancs law figured in the trial in the state courts.
but had no weight In the judgment. which was
against Mrs. SchlemIner on the ground that her
husband had been guilty OF contributory negli-
gsnce The opinion In the Supreme Court. which
Teversed the decision Of the state court and was
based on the ground that Sehlemmer had not been
NEGLIGENT was rendered BY Justice Holmes and WaS
favorable to Mrs. Schiemmer. Justices Brewer,
Packham, McKennR and Day united IN the dissent
ing opinion by Justice Brewer, who said that the
decision flies IN the teeth OF the federal policy OF
the court. He took the position that Schlemmer
had knowingly contributed 90 the accident, which
resulted IN his death and that no federal question
wa9 involved in the case
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
SPECIAL INSURANCE GRAND JURY.
Will Sit in April and Nay Investigate the
Metropolitan Life.

District Attorney Jerome yesterday applied to
Justice FITZGERALD, in the Criminal Branch OF the
Supreme Court, for the appointment OF a special
grand Jury for April and the application was
granted Tho special grand jury will be appointed
IN time begin investigation OF life insurance
companies In the frat week OF next month.
1t IS understood that the first company to be IN
vestisated Will be the Metropolitan Life. Assistant
District Attorney Kresel has been examining the
books ana other records of the company and has
told Mr. Jerome that ne Is ready 70 submit TO
port and 80 ahead with an inquiry before 4 grand
jury.
Mr. jerome said yesterday that the regular March
grand jury about three hundred cases be-
hind and the regular April grand jury would not
be able to give dime 10 Insurance inquiry.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05

fled recently IN Albany. comparison was made
yesterday Of the total earnings OF the company's
surplus and the distribution Of the earnings in 1904
and 1906. The earnings OF the surplus the in
terest tho securities in which the surplus funds
invested.
The earnings in 1904 we're Ssl57G63 OF which S5Ios.
4G7 was distributed in dividends % poiiCyhOlders
and over 100000 was placed 10 the credit Of the
contingency reserve fund. IN 1905 the earnings
amounted 10 2O574o0O OF which less than 500 90
distributed 10 poucyhOlders dividends. while
s. SO, 772 turned to the contingency re-
NInd and about 100000 reserved to
loss In value OF the Company's securities
owing to a revaluatiOn The reason FOR adding
much possible 10 the companys contingency
reserve fund. X IS said. IS that the law VIII
make it impossible to increase that fund IN future
except by small amounts.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
THE VERMONT IN COMMISSION

Boston March A-The new United States battle
ship Vermont was formally placed IN commission
at the CharlestOIan Navy Yard to-day. with Lieu
tenant Commander Levi c. BsrtOlette the executive
oflcer IN acting command Captain William p.
Potter who viii command the Vermont. has not
yet reached the yard To-day's ceremony was
brief. The officers and crew assembled on the
quarterback where Captain w A Marshall. acting
captain Of the yard, read the orders commissioning
the vessel lieutenant Commander BeEtolette
ship, then the commission whip was broken out at
the masthead the Stars and Stripes were raised
the marfno gliard presented arms officers and mon
saluted ard the navy yard band played the ma
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
rELEaRAPHIc NEWS NOTES.

MouongaheIa, Penn, March 4.-Peter Gereina, a
miner. at Black Diamond. near here, was fatally
shot to-day by alleged members OF the Black Hand
Society. Gereina had received several letters. de-
manding money under threats OF death.
Kansas CITY, NO., March Twenty cakes of
blasting powder exploded to-day az grading camp
in the outskirts OF Kansas City. Kan. on the
outer belt line railway with such force that IL broke
window panes within q radius OF twenty-five miles.
one person, a woman. injured
Connellsville Penn. March 1.-TWO trainmen
were fatally scalded to-day by the bursting Of the
crown sheet in the boiler OF engine No, 22, haul
ing an eastbound freight train on the Baltimore &
Ohio Railroad
Portland, Ore, March 4-The fourth attempt
within the last ninety days 20 dynamite street cars
belonging 20 the Portland Railway, Light & Power
COMPANY was made last night. All the windows in
q car shed were shattered and the motorman was
hurled from his platform.
Seattle March 4.-Ten persons were seriously in
jured in head-On collision near Fort LaWton last
night. Two women are amons the injured One OF
the rnotorTnen was damned between the two cars
and badly rsanslRd that his chance Of surviving
Is sIakA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
GOES 70 COURT For HEAT

Supreme Court Justice Giegerich has denied the
application OF Professor Charles II. Ayres jr
for a mandatory injunction compel Palermo
Brothers. a corporation, said TO be the owners Of
the apartment house La Valenciennes. at No. 404
West 10th street. compel them to heat his fiat
properly. The professor declared that IS to 20
degrees Fahrenheit the proper temperature
for living apartments Justice GiegeTich says a de-
csion the question is important, but tho appli-
cation should be made when the ownership is
not IN dispute. on these grounds he denies the
application without costs.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
PNEUMONIA KILLS MAN AND WIFE.

Pittsburs March 4-Frank Van Dusen chief as
sstant general passenger agent OF the Pennsylvania
lines west Of PIttsburg, died to-day from pneu-
mona at the IroQuois apartments in this city. Two
hours later his wife, Mrs. Sarah Van Dusen, died
IN an adjoining room from the same disease. Mr.
Van Dusen was born in Cincinnati siXty-two years
ago, and came Pittsburg IL 1850 assistant
a Ford. then general passenger agent OF the Penn
EyVauia Company.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05

Supreme Court Refuses to Protect Him on
Visit to New York.

Washington. March 4-The Supreme Court OF tho
United States to-day denied the application Of John
Armstrong Chanler. formerly OF New York but
now Of North Carolina, for a writ prohibiting the
New York courts their officers from mOleStln2,
OF arresting him while on g contemplated visit 70
New York. which Mr.. ChanleF desires 70 make for
the purpose OF prosecuting suit which he has tn
stituted obtain the restoration OF hts property
in the hands Of Thomas T. Sherman as guar
dian. The property Il estimated 20 be worth abou.
81. 000 CO., and turned 20 Mr.. Sherman ten
years ago tia result OF PROCEEDINGS TO tsst W.
CHAMBERS sanity.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
BOY PRISONERS FIGHT Fire.

The forty boys who comprise the fire brigade
RandalIs Island. where they inmates OF
the House of Refuge. had lively fight yesterday
morning with fire in the cabin OF the barge Nancy
g., Captain Edward Reilly. tied to the pier about
go feet from the buildings. with 100 tons of coal
aboard for the institution. Perfect discipline was
maintained in the institution, and Superintendent
Dyer had many words of praise for the manner IN
which the boys conducted themselves.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
ISLE OF PINES STATUS CONSIDERED.

Washington. March A-The Supreme Court Of the
United States to-day began the consideration, on
printed briefs. Of the Of Pearcy agt stranahan
which involves the question to whether the Isle
Of Pines is American or Cuban territory. The case
has been pending in the court for several years
and heads the docket 1t Is probable that q de-
cision will be reached before anal adjournment
in May.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
TO REVIEW CASE OF CAPTAIN TAYLOR.

Washington. March 4-The Supreme Court OF the
Tinted States to-day granted writ OF review in
the ease of w. F. d. Taylor agt the United States.
bringing the case up from the Circuit Court for the
second Circuit where the decision unfavOrabls
to Taylor. Taylor is the captain Of q Cunard Line
steamer and the involved the right OF the
TTnited States TO hold him responsible under the
immigration laws for the landing and remaining
IN mis- country Of an alien member OF his crew.
Ths lower court imposed 1ne Of 500 Taylor.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
EGGS DROP, DEALERS BROKEN.

[By Telegraph 10 The Tribun&I
PASSPORT N Y, March Am unprecedented de-
cline IN the price Of eggs occurred to-day amount
ing TO 10 cents dozen. and thousands Of dollars
resulted tho store pFoprietors. On Satur-
day the market price 80 cents dozen, at which
price hundreds OF crates were purchased from the
farmers The modeTatng weather. which permit
ted shipments. IS responsible for the decline.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
sTApLEroN FERRY AUGUST

The cdty's third ferry service Will begin August
l. It will run to Stapleton Staten Island. Dock
Commissioner Bensel will have everything ready
by that time and two boats will go into commits
sion. II is intended to have dock a Thousand feet
long az Etapleton. There Will not only be slips for
the ferries but the municipal ferry yard and a
repair shop q big coal pocket and plant for all
The PURPOSES OF the three ferries will be stationed
there 1t is intended to have thirty minute sched
ula saving fifteen minutes time in reaching many
of the southern points Of Staten Island.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
HOLDS k,gKMAN MUST SERVE TERM.

ropeha Kan March 4--The opinion OF the fudge
advocate general In the case OK Captain George
". Kirlman. who Is seeking release from tho
United States prison az Fort LsavenwOrth on a
writ OF hsbeas corpus. was received at the federal
cour. to-day from washington. The opinion which
& Endorsed nv Secretary Taft. holds that the two
terms 10 which Captain Kirkman was sentenced
are c,rnulative and not concurrent, and that he
must serve out MS additional year IN prison. The
oass win have It's anal hearing befe2s Judge Pol
lock On Thursday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
ARMY AND NAVY NEWS.

Washington. March 4
From The Tribune Bureau
THE CONNECTICUT MYSTERY-There IS
much speculation In the Navy Department concern
ing the action that will DO taken in regard TO
Captain William Swift. the commanding officer OF
the Connecticut More less mystery has at
tended the accident which befen the Connecticut in
the West Indies and Il was apparent that the fun
facts were not promptly forthcoming. Under ordi-
nary conditions there would be q court Of inquiry
10 determine responsibility. and there may be
something more than tails If it is found that the
the mishaR 10 the Conne s The damage was
formation concerning It was suppressed he's led to
the impression that Il more serious than is the
ORDERS IsSUED.-The following orders have
been issued:
Retirement Of Colonel WILLIAM II HEUER. corps OF
Second Lieutenant EUGENE G ECKER 9th Infantry. to
genera 4 92sE4'a1 W9sBngt2n baTFSGks, 49,, We
ferson Barracks to his bone 20 await retirement at
I4su,sRsPt c3l9asl GEORGE 10DR ION cayary
Of stan. Northern Division
NAVY.
Commander w. B2AUNERSEEUTHER detached the Don
Juan &c Austria when placed Of commission await
Nsutensat F. L. OLIVER. detached the Don Juan Do
lieutenant F. L sANDoZ. detached the Don Juan dc
austria to The Dixie
duty as aid on stan OF commander Fourth Division
Lieutenant J. |. HILENAN and Passed Assistant Sur
geons SHAW and b. r JcSNI39S commissioned.
Ensgns w. +. HAISEY and e. 4. =. RODGERS. de-
taehed the Don Juan de Austria 70 the Lancaster on
DUTY IN connection with the crew OF the Kansas
Nid.hipmen g. w CROSSE. E. 3. WALKER and G
NC. MGILL. 10 the Hancock
the Denver: 70 recruiting station. Chicago.
Passed Assistant J. STEPP. detached the Don
Juan dc AUSTRIA TO the Denver
Assistant Pay1naster W G. NELL, detached the Don
Juan de Austria; 70 navy yard. Portsmouth,
MOVEMENTS OF WARSEHP6-The following
movements OF vessels have been reported TO the
Navy Department:
ARRIVED.
March 2-The AbaEenda the Cesar. az Guantanamo;
the IToQu0is, San Francisco; the Prairie at San
tiago DC Cuba
March 6Ths IrOQuois Mare Island; the Prairie and
the EoorIioa, at Guantanamo
March S-The Chattanooga and the AlexandoF. at Woo
sung.
SAILED
March 2-The 1savnouer from for Washing
March B-The Iroquois from San Francisco for Mare
Island; the Prairie from Santiago de Cuba for Guam
tanamo; the New Jersey. from BFadfoTd Tor ToHD-
knsvfis
ORDERED PLACED IN COMMISSION.
Ths VeFnsSnt Boston Navy Yard
The Minnesota. az Norfolk Navy Yard
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
SHERIFF IN CONTEMPT.
N. J. Hayes, of NezC York, Also
Fined-His Statement

Buffalo March 4--Justice Pound IN the Supreme
court. adjudged Sheriff Nicholas J. HAYES. Of Nev
i0iA III contempt OF court to-day. fined him the
COSTS IN Mrs Ida E. Beaty's proceeding against hep
husband, DR. A Frederick s. Beatty. for auuonv
ana directed that the sheriff be imprisoned until the
me is paid and until certain warrant against
Dr. Beatty IS executed
sAeIiH Hayes Il was charged. had refused to act
uloer an order Of court adjudging Beatty in con-
tempt in refusing 10 pay alimony, SAYING II was
detective The order was corrected in certain mar
&c act
Sheriff Hayes. last night In regard 70 the action
o. Justice Pound. said;
regret the incident very much. as no disrespeot
% the court intended. Early last month there
a 5Tarra-, - . icS s On tl 4ttoIney OF bunaIo
went 70 the legal department Of this ONCE in the
defects in The form OF the warrant for Commitment
were found TO exist. In accordance with the prao-
lce lnat has long prevailed at the Ehef1Ps Office.
ne sherffs counsel thereupOn communicated with
las Bunalo attorney. calling his attention TO the
This communication was replied TO by the Buff
eT %eT e Te sn1 ne re sgFess t cs the Ps
one Of the objections raised BY the sheriffs coun-
SCI was not valid Thereupon there was additional
correspondence between the sherifrs counsel and
ne BufIa-o attorney and finally The latter caused
3 New York attorney 70 take Up the matter With
tne Sherif's counsel. The two were 70 have met
lions moved me eene % d 1o, q fs Sae SSes
eui instead, the Buffalo attorney obtained a per.
einptory order 10 show cause why should moi he
punished for having failed TO execute this process
me order being served at this Office last Thursday
Z, IhereupOn affidavits were prepared showing the
aets anc the law. from the Sheriffs counsel q
point OF view. and affldaV1t by 20 show that
10 oiscourheEy disrespect toward the court was
INTENDED by me or my subOTdinRtes.
Maurice 3. Blumenihal SheEir's counsel said
last night that the case was just stated by
Sheriff Hayes. He added:
Heretofore we have invariably found q necessary
% have the legal department OF the SherifTs ofcs
pess upon processes delivered here Tor execution,
ana their suggestions have invariably been fol.
lowed, but IN this the Buffalo attorney seems
Inclined 20 make mountain out OF a mole hiIl
with the unpleasant results that could have easily
one az
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
J. Il. SPRINGER, u. ARRESTED.

John HARDWOOD Springer. IT.. son of the proprietor
Of the Grand Opera House. of which he Is the
manager. prisoner yesterday in the West
Side Court, charged with speeding his automobile
more than twenty miles an hour. Springer pleaded
not guilty and asked that examination be set
down for this afternoon at o'clock
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
CASE OF c. G. BROWNE ARGUED.

washington. March A-Arsunent IN the case OF
Charles c. Browne agt tho United States was
made In the Supreme Court OF ths United States
to-day by w. Wiezham Smith. OF New YORK. Tor
the government and Terence NIcNTanus OF this
CITY for Browne Browne a member Of the
board OF appraisers at New York. and was ac-
cused OF completely in customs frauds IN the inn
pOrtation Of japanese silks few years ago. he
escaped 20 Canada, and the present case Involves
this manner or his extEaGiIoU wall the marta
OF ths charge akA1nSr hin.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
PART OF STOLEN MAIL RECOVERED.

Chicago March THE postal authorities an
nounced late to-day that SS93 Of the governments
money. stolen with other mail from mail wagon
Saturday night, has been recovered The officials
refused 10 say where under what circumstances
the money found. but assert that they ex-
pect to make some arrests in a short time.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
MEw YORK ClrY CASE ApvANcEn.

Washington. March 4-The Supreme Court OF the
United States to-day advanced the hearing of the
case of Sauer agt the City of New York involving
the right Of Sauer as a property holder to eniofn
the use OF the l5Sth street vaduct. and set Il Tor
March
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
A NEW DEPUTY APPRAISER APPOINTED

Colonel Edward S. Fowler. appraiser OF the port
has designated Michael Nathan. assistant ap-
praiser in charge OF the Second Division, TO be a
deputy appraiser, and the designation has been
approved by the Secretary OF the Treasury.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05
coTroN EXCHANGE case suaMlrrEn.

Washington. March 4.-The case Of Clarence p.
Hunt agt. the New York Cotton Exchange, involv-
ing the right OF the exchange 70 prohibit the use OF
It's quotations was submitted TO thu Supreme
Court OF the un.tsd States to-day prn ted ErisfA
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-05

Maurice 3. Blumenthal. Sherirrs counsel said
last night that the case was just as stated by
Sheriff Hayes He added:
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-11-28
ARREST
For Making a Riot6us Attack
on Street Car and Other
Arrests to Follow.
ARE HELD UNDER BOND.
Attack Planned at Meeting and
Forty.Seven More Arrests
Are Ordered.
tsy Assseiassa 1rsss.,

LOUISVILLE, KY. Nov. es-oyer
twenty members of the striking Car.
mems Onion are In the county ian
here, having been arrested last night
In a riot following an attack on d
Fourth avenue car. a number Of
men 1t Is alleged confessed that the
attack on the car was the result Of
the part of body OF .strikcrs and
more arrests will be made. There
was no Indication OF trouble this
morning.
Police Judge sIcGhee this morn
Ing held over for a hearing under
bond, all those arrested on the
charge of being implicated In, last
nighS riot and also ordered tie ar
rest Of torty-seyen. more men who
attended a meeting at which the a.
legged plot was formed.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-11-28
Al|EN|ST
On STAND
In the Trial Of Mrs. Bradley for
the Murder of Former
Senator Brown.
HYPOTHETICAL QUESTIONS
Are Propounded to Him by the
Judge in Regard to Woman's
Mental Condition.
icy Associated Press.l

WASHINGTON. d. C.. Nov. 25.-..
Al the morning session OF court In
the Brady trial the defense placed
pr. Barton, of this clty..a specials,
In neurology and lecturer in the
Georgetown University, on the wit
ness stand and read 10 him hypo-
thettcal question detailing the whole
relationship between Brown and
Mrs. Bradley, bringing out especially
the points Indicative. of mental
unsoundness on the part of the de.
fendant. After presenting a com
plete analysis of the case Judge
Powers propounded these questions:
Assuming all facts to be true
what do you say as to whether or
not at the time the fatal shot was
fired the patient understood the
nature of her act and was able to
choose and distinguish right from
wrong and able to control herself
10 choose the right and avoid The
wrong?
Second. Assuming these facts 10
he true. what do yon say as to
whether or not when the fatal sho.
WIS fred. the patient was mentally
responsible for what she did.
Third. Assuming all the facts Il
he true, what do you say us 10
whether or not when the fatal sho,
was fired. the patient was sane or
insane?
The Hypothetical question wa.
SIN being read to Barton when the
usual recess for luncheon was taken
Its reading had then consumed az
hour and a half.
After recess the reading Of III.
hypothetical question was resumed
and concluded ut . o'clocIS. Barton
declared after reading ii nc had con.
cluded Mrs Bradley insane at the time
she committed the act.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-11-28
AGED HORSE GOES
TO HORSE HEAVEN
eted Express Horse of Six
y teen Years Service !,
Passes Away.

Dick" is dead and the United
States express Office at the passen-
eer station Is in mourning. Dick
vas one of the noted pair of horses,
knewn and seen here for many years
rs age was about twenty years
ma he died OF collie and old age
last night in his stable. At supper
time he was IN his usual health and
worked up until o'clock, the usual
quitting time. Thousands OF express
packages, yes millions. have been
hauled by him and he was one of
the landmarks, so to speak, Of
Clarksburg. Everybody knew Dick.
a fine big bay. He was one of the
team Col. e.. w. P. Waldeck drove
so long, when the Colonel was in the
service Of the express company. and
Dick had been in the service at least
16 years. Proper disposition will be
made Of the body. He had earned
his reward.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-11-28
FOR his MONEY
It is Believed That Pipe Liner
Was Murdered and Body
Thrown Into River.

The body of man that was foura
d ating in the Tygart's Valley river
mile below Belington by some boys
has not been identified as yet, bu.
1t is believed to be that of a pipe
iiner>who had been working in that
lection. The theory is generally en-
tertained that the man was murder
ed by some one who was robbing
him and the dy was thrown into
the river. After drawing his pay
last Saturday the pipe liner whose
body the one found in the river is
supposed to- be. staid around the
town with several suspicious COM
panions and it is believed he was
shot for the few dollars in cash tina.
he had. Belington pc pie are work
ed up over the affair and 1t is believ
ed that this Is not the first murder
for money that has been committed
there and there is strong talk of \
vigilance committee being formed.