davidaulloa/AmericanStories huggingface dataset:
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
LIMITS DEFENSE
Of INSURANCE CO.
TO POL|CY'S TERMS
Supreme Court Sets Precedent
in Defining Fraud That
NuIlifies Contract.

By a decision of the Supreme Court,
received today, Charles and Frank
Drews, of Orange. are given Judgment
against the Metropolitan Insurance
Company for $500.
On May 1s, 1907. John Drews, their
brother, applied for a policy in the
Metropolitan, and after a medical ex-
animation 1t was favorabiy acted upon.
On June 2. 1909, after treatment in
various hospitals for consumption. he
died.
Payment of the policy was demand
ed by his surviving brothers, but was
refused, the company claiming the de-
ceased had practised fraud in obtain
ing the policy when he had the disease.
Samuel Press was engaged to bring
suit in the District Court. The com
pany, through its attorneys, McCarter
IL English, set up fraud as a defense.
To offset this claim Mr.. Press cited n
clause in the policy which read in part
as follows: This policy shall be in
contestable, except for the non-pay-
ment of premiums, two years from this
date" In answer to this claim the de-
PENDANT said that the fraudulent rep
reservations of Drews made void the
contract altogether. AS a result Judge
Lintott directed the jury to find for the
defendant company.
Tile case was taken to the Supreme
Court and in an opinion delivered by
Justice Bergen the ruling of the lower
court is reversed. The opinion reads:
+. 1.-THE clause in the policy, cited by
counsel for the plaintiff, limits all de-
lenses to the non-payment of premiums.
In order for the defendant to set up
fraud 1t must be within the two years
time stated therein. AS it is the de-
Tense of fraudulent representation by
the complainant, upon which they rest,
was improperly admitted"
Mi decision of the Supreme Court
establishes a precedent, as heretofore
there has been no ruling Upon his
point.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
FORMER SOUTH
ORANGE PUBLIC
OFFICIAL DIES
Norman K. Burghardt, Former
Postmaster, Passes Away
in Village.

After a months illness Norman Raw.
son Burghardt, one of South Oranges
best-known citizens. died at his home
us South Third street, early today
Death was due to pneumonia, which
followed an attack of paralysis.
The funeral services will be held al
his late home Monday afternoon al
2:5O o'clock, with the Rev. David DE
Forest Burrell, pastor of the First
Presbyterian Church, Officiating. The
interment will be in Rosedale Gene
terry, Orange.
For many, years Mr.. Burghardt led
a public life in South Orange. He
served as postmaster in the village UNI
der President Cleveland's administra-
ton. He was a member of the Town
ship Board of Education for eleven
years and served as clerk of that body
for a long period. He was former
township collector OF taxes and up TO
last year had served as a member of
the first election district board in the
village.
Born at Lisle, Broome county, n. Y,
" years ago. Mr.. Burghardt taught
school in that town for a short period,
after which he went to South Orange,
making his home there ever since.
The deceased was a stanch Republic
can, and took a prominent part in the
affairs of his favorite party.
He is survived by two sons, Clarence
and Ernest Burghardt. and three
daughters, Mrs. Daisy jerks and the
Misses Theodore and Lillian Burg
hardt, all Of South Orange.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
TO HOLD GEO. G. NEVERS'S
FUNERAL TOMORROW
Services Will Be Held in His
Late Home.

Funeral services for George Gorham
Nevers, senior member of the firm of
Nevers g. C~allaghan, sugar brokers. al
IL Wall street, New York, and q resi-
dent of Newark for the past fifty years,
who died Thursday, will be held at his
late residence, 20S Mt. Pleasant avenue,
tomorrow afternoon.
Mr.. Nevers was rs years old. At the
age of 20 he obtained a position as
bookkeeper with Spiddy; Milford G. Co.,
stock brokers in Wall street. He was
later admitted to the firm, and was
finally able to buy out the business.
Shortly after the Civil War he mar
ried a Miss Whiting, who died six years
ago. He is survived by a sister-in-law
Miss Mary w. Whiting. He had no
children.
Much of the latter part of his life
was spent by Mr.. Nevers at Hot
Springs. Va, taking treatment for fire.
quent attacks of rheumatism. lie was
a member of the North End Club. and
at n time was a member of the board
of directors.
For many years Mr.. Nevers was a
member of the Unitarian Church. The
late Alderman William e. Pine was a
close friend of Mr.. Neyers.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
IGNORE BOARD OF TRADES
REPORT AT POLICE MEETING.
Commissioners Fail to Notice
Committees Charges.

The charges of the special investi-
eating committee of the Board OF
Trade were completely ignored by The
police commissioners at their meeting
yesterday, no notice whatsoever being
taken of the committees report. Presi-
dent John Bladder, recently selected as
president, presided for the first time,
the only absentee being COMMISSIONS
Bonnet, who has been confined to his
home by illness for some time.
The application of Michael j. Early.
doorman at the Fifth Precinct, for re-
tirement, to take effect February 1.
was granted. Early, who is now II
years old, Joined the department in
1880, and has served faithfully ever
since. The application of Mrs. Mar
garet Deleot, widow of the late Patrol
man Charles Deleot, of the Third Pre-
cinct, for a pension, was referred to
Police Surgeon Clark, for report. Philip
Curran, of IL Durand street, appeared
before the board and complained thar
he had been beaten by Patrolman
Dowd, of the First Precinct, without
cause. He was assured that a full in
vestigation of the charge would be
made.
Ferdinand A. Hax, of 515 South
Tenth street, was appointed to the
force, to take effect Immediately, TAX
ing the place of the late Patrolman
William c.. Duffy, of the Third Pre-
cinct, N Frank A. Carroll, OF $40
South Eighth street. was appointed
to take effect February ] upon the re-
tirement of Doorman Early.
President Baader ~announced his COM
mittees for the ensuing year. They are
as follows: Assignments. Scanlon. Kane
and Bonnet; supplies, Scanlon, Bonnet
n Kane; repairs, Kane, Scanlon and
Bonnet: printing and stationery, Bon
net, Kane and Scanlon; finance, Kane.
Scanlon and Bonnet; legislative COM
mittee, Bonnet, Kane and Scanlon. II
was also announced that President
Baader would make police headquar-
tiers his special charge, Commissioner
Scanlon looking after the First and
Third precincts. Commissioners Kane
the Second and Fifth precincts and
Commissioned Bcnnet the Fourth and
Sixth precincts.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
BARRETT'S FIGHT TO GET
BACK PLACE is PUT OVER.
Is Postponed to Await Civil
Service Decision.

Daniel A. Dugan, counsel for John
Barrett, who was ousted by the COM
mittee On roads and assessments of the
Board OF Freeholders as superintendent
of roads recently, appeared before
thief Justice Gummere in the Supreme
Court Circuit today, and reminded the
bench of the fact that the rule to show
cause allowed by Justice Swayze, of
the Supreme Court, why a writ of cer-
tiorari should not be granted review
ing the action of the committee. was
returnable today.
Mr.. Dugan also reminded the bench
that the contest for the Office was
based on the civil service act, which
he said had been adopted by the Board
of Freeholders, and hence Mr.. Bar
rett could not be removed.
County Counsel Joseph l.. Mum was
on hand to meet the case for the Free
holders, but in view of the fact that
the Court OF Errors and Appeals has
not yet decided whether or not the civil
service act was constitutional, the chief
Justice smiled as he remarked:
well. we will continue this case for
two weeks"
The counsel in the case smiled like
wise and departed.
Mr.. Barrett was succeeded by George
w. Eager. Of the Board of Free
holders. He is a Democrat, and Mr..
Eager a Republican.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
Mrs. Perkins's Story OF Trifling
With Her Affections Wins
Mock Trial Jury.

After careful. thoughtful elaboration,
a mock trial jury drawn especially to
consider the breach of promise suit of
Mrs. Jerushk Perkins, of East Park
ftreet, a clearinghouse mistress,
against former Under-Sheriff Charles
M. Mason, decided in favor of the plain
tiff and awarded her $3.4S heart balm.
Mrs. Perkins afterwards admitted this
was all she had asked for, but it is
alleged she expressed a wish that she'd
added two cents to the amount.
''Them jury men were SO nice" she
said.
The trial was held-by special per-
nission-in Wallace Hall, Inc in order
that the public might better judge
Of he quality of justice administered
the hall was thrown open to all-who
had the price. The receipts will be
devoted to the work of the Y.
NJ. c. A..
The jury hat heard the case was one
of the most representative ever seen
in Newark. Judge Estate Senator)
Harry V. Osborne considered the case
as the dispenser of justice; Andrew
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
SCHEUER 8 SONS
EMPLOYEES WILL
GIVE BALL TUESDAY
Fifteenth Annual Reception
Promises to Excel All
Previous Events.

I'll preparations for the fifteenth
annual reception n bali of the S
Scheuer & Sons employees, to be held
at the Kruger Auditorium next Tues
day night, are now complete. The
committee in charge has spared MOTH
ing TO make this affair surpass all
others in grandeur.
Under the personal direction of NJ. j.
Cassidy and Irving d. Jacobs. secretary
of the association, the hall will be lee
Grated. The color effects will be blue and
white with American flags used in re-
lief. Sweets full orchestra will be on
The stage, concealed behind a bower
of ferns and potted plants. 4 myriad
of colored electric lights will add to
the brilliancy.f AS an added feature
colored calcium lights will be used for
he popular shadow dances. If pos
sible an additional concert orchestra
will render operate selections during
he ntermissions
Promptly at 10 o'clock the grand
march will start, and it is estimated
that at least 600 couples will be in the
line: Marcus Heller will take charge
of the floor, and A. C. Roth will look
after the reception and entertainment
committees. Representatives of the
leading firms with which the Scheuers
have business connections will attend
All of the branch stores, of which
there are a great number, will be
represented, and in a majority of cases
the employees will come in special cars
The invited guests include many of the
city officials and prominent business
men.
The officers of the association are.
Martin j. Cassidy, president; Marcus
Heller, vice-president; Anthony C.
Roth, treasurer; Irving ID. Jacobs. Sec
rotary; reception committee, Anthony
G. Roth, chairman. assisted by H. S
Prayer. Murray A. Apfelbaum. Will
lam Finger. Moses Schloss, William
Mendel, S. M. Jacobson. JOIN Gaskin
William Vieser. Joseph Schloss, e.
Rsiner; committee of arrangements,
Martin j. Cassidy, chairman, assisted
by a. G. Roth. Irving d.. Jacobs, Mar
Gus Heller, Charles Range. John Muir
ply and John Smith; floor committee.
Marcus Heller, chairman, assisted by
]. D. Jacobs, William Wooley, John
Belts, Samuel Schloss and f. p. Shoe
maker.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
HERzoG FUNERAL MONDAY.

The funeral OF Mrs. Elizabeth Her.
zog, wife of Frederick Herzog, a mem.
Der of Engine Company No. 8, who dice
yesterday, win be held from the home
1868 Littleton avenue, Monday morning
At st. Mary's Church a mass Of re-
QUEEN will be sung and interment will
follow in st. Mary's Cemetery. Born
at ~Irvington in 1870, Mrs. Herzog came
to Newark when she was married. Sht
was a member of the Sacred Heart
League of st. Mary's Church, as well
as an active member of the church fol
a number of years. In addition to the
husband two daughters, the Misses
Helen n Mary Herzog, and two sis
tiers survive
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
PARK 8 TILFORD
WATGHMAN KILLED
IN F0UR-HOUR DUEL
Slayer Then Finishes Work in
Store and Writes to PO-
lice of Tragedy.

NEW YORK, Jan. IA duel of four
hours duration, engaged in by two
night watchmen in Park & Tilford's
store in BroadN ay. resulted today in
the death of one OF the participants,
Xiii by a bullet in the head. After
finally running down and shooting his
companion, the survivor sat down and
wrote a letter to the police. telling
them all about it, and then finished up
his nights work by cleaning up and
putting the store in order.
John Ferris, who has worked for the
firm fl twenty-five years, is under ar
rest, charged with the shooting. The
victim OF the duel was John Woods.
There had been bad blood between the
two men and during the night they re-
newed their quarrel. Ferris told the
police that Woods slapped him in the
a and that for hours they chased
each other all over the store, upstairs
and down. Several shots were ex-
changed. but none tool effect until
Ferris finally caught Woods in the
e~ngine-room and sent a + t into his
fellow watchman's head.
TRY STAR CLASSIFIED ADS.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
N. Y. MODELS HAVE BEST
FIGURES, COURT DECIDES

NEW YORK, Jan ia jury in the
Supreme Court has decided hat the
New York cloak model is the true
Venus of commerce. Three st. Louis
models were exhibited at the trial TO
~disprove it. They left the court room
in q huff-or in three huffs-when they
heard the verdict.
The issue was raised by a st. Louis
merchant, who refused to pay for 81. 030
worth of cloaks shipped to him by a
New York manufacturer. because, as
he ~contended. they would not fit the
3s st. Louis models. The manufactur-
er's contention was that the garments
had been made to fit the best 3S models
in the trade.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
MAN RUN DOWN BY CITY
AMBULANCE BADLY HURT.
Left Arm Is Broken and Hip
Injured.

An examination today showed that
Martin Schaffer, who was struck by a
City Hospital ambulance last night in
Bank street, was suffering from a COM
pound fracture of the left arm and an
injury to his hip.
Schaffer alighted from a west-bound
trolley car and stepped directly in
front of the ambulance, in which a
mar with a fractured arm was being
taken to the hospital. DIR. John Eng
lish, the ambulance surgeon, treated
the man, who refused to be taken to
the hospital.
Schaffer returned to his home at 294
Bank street, where, in addition to his
days work, he has been doing the
cooking and homework, as his wife
fell a month ago and broke her right
wrist.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
SLEUTH NABS WOMAN AS
HIS ANCESTORS spirit"

CHICAGO, Jan. 15.-While conversinc
with the spirit of his great-grandfathe,
in a darkened room last night, Detec
tive Philip Fitzsinlmons reached out
and seized the spirit with such force
that it screamed and dropped u set Of
false teeth.
a light was struck, ana the detective
arrested the spirit" alias Mrs. c. p.
Green, u medium. The woman, her
husband and o u women attending The
seance were then taken to the police
station.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
LIKES CITY so WELL HE
WILL HAVE TO STAY 80 DAYS.

Stephen Farney, AZ years old, who
says that he is without a home. vas
picked up yesterday afternoon on
Broad street near Central avenue.
Judge Oehring Immediately recognized
the prisoner whom he had ordered to
leave the city when he had previously
been arraigned during Christmas week.
Farney admitted that the judge was
correct. but said that he had obeyed
by leaving the city.
Well said the judge. 'if you like
us 50 much Q can stay with US for
thirty days"
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
INTERNAL REVENUE BUREAU
HAS S56,9l4,000 IN STAMPS.

WASHINGTON, Jan. l5.-Tilere are
now on hand in the Internal Revenue
Bureau at Washington 2S4, 600, 600
stamps valued at $780, 14, 900. This is
disclosed by a count just completed by
q committee OF the office force con-
sisting of Andrew j. Whitaker, Kepler
Hoyt and Sophie Weber. Two years
ago. when a count vas taken, there
We're 1872, 900, 900 stamps on hand.
The count has been compared with
the records of the bureau of engraving
and printing and found correct.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
HOLD TWO FOR ALLEGED
THEFT FROM LEATHER co.

Charged with the theft and receiving
of $3.50 worth of leather buffings from
Leopold ~Loehnberg, of PIG Freling-
huysen avenue, Harry Abrams, l6 years
old, of 105 Emmett street, and Harris
Raphell, 80 years old, of 251 Suffer ave
nue., Brooklyn, were arraigned before
Acting Judge Freeland in the First
Criminal Court today and held in $3.50
bail each for examination next Satur-
day.
1t is thought that the books of the
concern may show ever larger losses
thar are included in the first com
plant.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
TWO HORSES AND WAGON GONE.

When Alphonso D'Alessio. of 81 Gar
side street, went to his stable at IS
High street at 6 a. m. today, he found
that the dor had been battered in and
a gray horse and 81 delivery wagon
belonging to himself. as well as O. de-
livery wagon and a black horse, owned
by Isaac Skull, a pickle dealer, were
missing. He reported the theft at the
Second Precinct Police Station.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
EMPLOYEES OF ELECTRIC
PLANT TO GIVE BIG BALL,

The Sprague Electric Company's Mu-
tual Benefit Association will hold their
sixth annual masquerade ball in View
ers's Colosseum on Friday evening,
January 81.
The committee in charge of this affair
consists Of William Murray, chairman:
II. J.. Hooper. secretary; G. Shepard,
treasurer; A. Marks, It. Korfman, C.
Krauss, *. Schmidt. J. Hughes, E. Eric
son, C. tombstone, c. c. Bischoff, G..
Larson. C. Treabour, j. Walker and A
Barron.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
ARRANGING OWN FUNERAL.

BEVERLY, Jan. 15.-With death rap
idly approaching and knowing that she
has but a short time to live, Mrs. Mary
Hart. an aged widow, is making pre-
parations for her funeral. She has
selected her priest. an undertaken and
the style of coffin and other Access
series.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
MISSION WORKER TO PREACH.

Tomorrow afternoon at 4 O'Clock in
the South Park Presbyterian Church
the Rev. A. W. Halsey, secretary Of
the Presbyterian Board of Foreign
Missions of New York, will speak. IN
the morning the pastor, the Rev. DR..
Lyman Whitney Allen, will preach as
usual.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
HELD FOR STOCKING THEFT.

Arraigned before Acting Judge Free
land, in the First Criminal Court, to-
day, on a charge of having stolen three
pairs of silk stockings from q Market
street department store, Bertha Seller,
of Whippany, was held in 500 bail to
await the action of the grand jury.
The arrest in the case was made by
Sergeants Ryan and Farrell, Of the de-
tective bureau.
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15
Hotel
Navarro
SS2=S84 Broad
Street
The Only FirSt-Class Hotel
Restaurant in Newark

Restaurant in Newark
We have engaged the services
of the most renowned dining
room manager Hamburg, Ger
many, has ever produced, at a
salary second to none in America.
The cuisine also has been placed
in the hands of a celebrated
French chefAnone better. Ask
for oscar" in reserying tables.
We serve 3. all hours a la carte.
Moderatn prices.
Club Breakfast from 6 to II A. M.
Table do Ho's Luncheon 1ito2P.M.
Table de aots Dinnsr S to 8 p. M.
CHINA Lunch II to 7:3o
OUNUhI Dinner S to M.
An excellent orchestra even
ings. Special attention given
theatre parties. Reserve your
tables now, as the demand is near
in excess of the supply.
Telephone 24l7 Market
Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-15

try STAR CLASSIFIED ADS.
The labor argus. [volume] (Charleston, W. Va.) 1906-1915, 1910-11-03

W. Dawson and Graham To represent
you in wage scale convention? Sout
would not. Then why elect them to-
a more important Office, why choose.
them to make laws for YOU To work
isNe You can't do it gentlemen
The bunch OF shystei lawyers nomi-
mated by the Democrats are no better,
they so TO the highest bidder and thes
aSter class can out bid you. You
will have 10 support the Socialist
candidates for the house of delegates
They ara all working men, Wage earn.
ers, like yourself. Your interest Is
their interest All branches of labor
is represented, farmers. engineers.
miners and clerks, all men OF brain.
and true TO their class. There YOU
have the tickets, which are you going
to support? The Socialist ticket is
composed OF men of your own class.
Will YOU support them or are YOU
going TO support the Democratic or
Republican candidates who are owned
aud controlled by the great corpora "a
lions and trusts. that has fastened its
self on our social system, like mon,
ster octopus, whose filthy dirty body
lays in New York and Wall street is
, its head. Hungry now with its mighty
blood sucking t"nicles reaching or
. all over this fair land of ours and
sucking the very life blood OF laboE
penetrating every branch of our Soc,
ial system, we find it in our business.
/ in our church aud in our school, enter
ing and destroying our homes, rob-
bling our. women OF their virtue. de-
bauching and destroying the manhood
, of our boys and young men. ALI for
j gold. to satisfy :ts ever hungry NAV.
Starving our babies, driving our
young women to sell their bodies
and souls for the means of existence.
! IF you vote either Of the old tickets
4! that is what you vote for. but If you
vote the Socialist ticket sou are rot-
, Ing for the coming nation and a now
social system that will abolish greed
and graft, sin and sorrow, poverty and
misery and in their place will give US
: JOY and pleasure. Which are yen
/ voting for?
BY c. H. B. /;