davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1911-12-23
MAKES WAY FOR PULITZER
Justice Putnam Resigns as Trus-
tee of Newspaper Properties.

As exclusively indicated in The Tribune
Yesterday. Justice Harrington Putnam ol
tba Sunrerne Court. fled yesterday in the
surrogate's Court his resignation as one
or the trustees under the will of the news
,oner nroperties Of Joseph Pulitzer. Jus
tice Putnam explained that his reason for
not being able to serve as designated by
+ha late nroprietor Of The World and
"rna Ct Louis Post Dispatch" was that
his iudicial duties occupied practically all
of his time.
The action Of Justice Putnam was in ac-
cord with the desire of all persons con-
cerned. including himself, 10 rectity an IN
advertence in the codcil which Mr.. Pulitzer
made in 1909 10 his will of 1904 in eliminat-
ing the name of Ralph Pulitzer one of the
testator's three sons. as one of the trustees
Of his newspaper properties. William b'
Hornblower. the lawyer who drew the VIII
Of Mr. Pulitzer made a statement on NO
vember "a. when the will was made punnc'
that at the time of the death Of Mr.. Pulit-
ger he was engaged on the draft OF new
will in which Mr.. Pulitzer intended Ralph
Pulitzer should he included as one OF the
trustees.
AS soon as the necessary citations nave
been issued and the Surrogate can act on
the change Ralph Pulitzer VIII tahe I,e
place of Justice Putnam i'm the trusteeshP
or the estate. Mr.. Pulitzer is the president
ce the Press Publishing Company, whlch
publishes THE World" and under the VIII
of his father receives the income from a
tvo-tenths interest in that newspaper anu
THE ST Louis Post-Dispatch.
New-York tribune., 1911-12-23
HOW LESSTERS WERE WE'D
Affidavit in Will Contest Says
Drinking Preceded Marriage.

The short-lived married career or Wilnan
G. Lester. ID, which was exploited ae
length only a little more than month
ago, is the subject of one Of the volumi-
nous affdavits filed yesterday I'm the surro'
gates Court in the proceedings which Less
, ter has brought TO have declared void the
will of his grandfather, William G. Lester,
an octogenarian, who left his entire estate,
valued at $4,000. TO his young wife, Mrs.
Grace Felix Lesster.
Early In November Lesster married Miss
Betty Georgiana Fougary at the Little
Church Around the Corner. and a few days
later he returned TO the home OF friend
in Nassau Boulevard, where he was living
without his wife. II was said that the
parents Of the young bride objected 10 tho
marriage and would move 10 have It am
uulled In the affidavit of Mrs Lesster.
filed Yesterday with motion by Lesster to
have another lawyer substituted for w. 7.
Gridlev. who has been his counsel, she says
she did not know what she was doing when
she married Lester and that the wedding
followed an automobile trip about town,
during which both she and Lester drank
copously
Mrs Lesster said she knew Lester about
her mother had advised him 10 QUIT his
drinking and his lawyer had advised him
that he might hurt his chances In the will
contest on the date of the marriage Less
ter had companion with him whom he
called Doc Houston There was a lot oc
drinking. and according TO Mrs. Lester che
signed some paper that Lester handed TO
her and the purport Of which she did not
understand She did not know what she
was doing when she married him, as she
had become in before the ceremony.
In the papers filed there is also a state
r1ent that an offer OF S66 go had been made
to Lesster to settle the contest over the
estate of his grandfather although the
lstter's widow has signfed her intention
10 fight the case TO the last, asserting that
Lesster is not entitled 10 any part OF II.
The will case has been set down for trial
in the Surrogates Court for January 2.
New-York tribune., 1911-12-23
CHARGE CES3,5OO,0OOWAST
Yerkes Executor Temporarily
Enjoined by Surrogate.
WIDOWS EXECUTORS SUE
Accuse L. S. Owsley of Being
Unfit to Manage Estate OF
Traction Man.

Surrogate John p. Cohalan signed yes
terday an order requiring Louis 5. O"sley'
anciIlary executor of the estate Of Charles
T. Yerkes. the Chicago railway man, to
show cause why ne should not be removed.
The Surrogate at the same time issued an
order restraining Owsley from exercising
any OF his functions as ancillary executor
until the matter had been determined m
court.
The proceeding against Owsley Ia brought
by tne executors Of the will Of Mrs. Mary
Adelaide Yerkes. wife OF Charles J.
Yerkes, who allege that by reason OF the
mismanagement OF Owsley the property
has shrunk more than 100000 and that
he has wasted the assets of the estate
The petitioners fo- the removal Of the an
cilldry executor, who also is the executor OF
the estate in Chicago. say that II the estate
is properly administered the share due 10
the estate of Mrs. Yerkes would have a
value Of $2,04O00 besides a claim for SlOvV
which was approved in Chicago but which
Owsley has not paid over. The movers in
the action say they have reason to believe
that Owsley has been guilty OF misconduct
want of understanding and improVdence'
and is unfit TO have control OF the estate
They further allege that he injured the
property and misapplied funds. One in
stance OF alleged waste, they declare, was
on October 26. 1910 when Owsley turned
over to the Chicago Railways Company
4, 494 shares of the stock which belonged 10
the estate, and which were valued at more
than 81 600 each, for $500 each.
The complaint Of the executor OF Mrs.
Yerkes's estate goes on to say that OWsley
has never filed an inventory, and that there
is no basis for his statement that the New
York property of Mr.. Yerkes had value
of only $4,000. They say that sl,+o,W
will come into his hands and besides that.
the Bank of America holds bonds Of the
Chicago Railways Company amounting to
, 500 600, the Central Trust Company $4,000
more. and. as trustee under settlement
with Mrs. Yerkes. the same company holds
81, 10000 more, and that Speyer & Co. holo
s., $4,000
These amounts. with interest of $500 1t
is pointed out, foot up s2,434.00o with total
Indebtedness Of S7s4,O29. the latter being
only a little more than the interest on the
holdings mentioned over which Owsley has
control Besides the assets Of the estate
already enumerated there is mentioned the
Yerkes house, at Fifth avenue and 6Sth
street the value of which is placed at
50. 10000 more. and which was turned over
to the Yerkes estate under an agreement
of settlement with Mrs. Yerkes
1t is alleged that Owsley improperly paid
out of the funds Of the estate t64o7S to
the Wallace committee in charge Of the re-
organization of the Chicago Railways Com
pany. The total loss TO the estate by rea-
son OF the alleged mismanagement Of the
ancillary executor is placed at $4,000.
An action similar to the ono now pend
ing here was brought in Chicago, and was
decided In favor of Owsley.
New-York tribune., 1911-12-23
JUDGE TRAPPED M'NAMARAS
Their Reply to His Question May
BE Used Against Others.

Washington. Dec 22.-The significance oI
,ba circle question asked the Mcnamara
brothers by Judge Bordwell at the time
tbev were sentenced I'm Los Angeles was
made aprarent to-day when the new regu-
1ations for 1912 governing the shipment OF
explosives were made public by the Inter
state Commerce Commission. The quesuor
Judge Rordwel asked was: "Are you sure
the dynamite used on the Times Build
ing was not more than 50 per cent dyna-
mite?" The reply was: "No, it was 50
per cent"
Attention was called to-day 10 Section ]
Of the regulation forbddinG the transpor-
tation Of dynamite Of greater strength than
60 per cent on their own admission. there
fore. the McNamaras were guilty Of trans
porting forbidden explosive provided the
prosecution has the evidence 10 show the
explosive was carried across state iine),
the penalty for which is a maximum fine
Of 5000 and eighteen months in the peni-
tentiaTy.
b. Judge Bordwells question apparently is
now shown to have been asked for the
purpose Of getting the McNamaras' reply
into the record for future use. The Nc
Namaras refused 10 testify before the fed
eral grand jury, Yet, caught off their guard.
they actually did give what the govern
ment expects to he the most important evi-
dence IN the case. For the federal CON
spiracy law holds all persons party to a
conspiracy equally guilty with the agent
for violating any United States law the
agent may break.
The new regulations of the Interstate
Commerce Commission are more rigid than
the old ones, the idea Of the trainers being
to avoid any misunderstanding or euuivo-
cation on the part Of either the railroads
or the shippers
New-York tribune., 1911-12-23
CHECK ROOSEVELT MOVE
La Toilette Men Prevent Passage
OF Indorsing Resolution.

4 Christmas tree party Of the Essex
County Progressives wound up in a pohtl-
cal row in Newark last night when a vain
effort was made % have resolution adopt
-r .ado sing Colonel Roosevelt as the can
didate for President next year. The same
resolution had cospled with it an indorse-
re1t of ex-senator Everett Colby as the
candidate for United states Senator To sue
c,-d Senator Frank O. Briggs
Supporters Of Senator La Toilette took
NJ noor against the resolution as 10 its ref
t,,rcA 10 the President. After a hot
debate the resolution was referred 10 the
next regular meeting Of the Progressive
League.
The meeting was to have been in form ~
soC.able There was a Christmas tree
laden with Sits for the Progressive candi-
dates. and Mr.. Colby was vSanta Claus. 1t
r., w..a The agrs7ment thar politics was 10
r- ont out that the festivities got under
way. with Chairman Edmund p. Osborne
cf the league. an ayowed La Toilette man.,
in the chair
New-York tribune., 1911-12-23
NO DECISION IN BARNES CASE
The Court of Appeals Takes Holiday
Recess Until January 8.

Albany. Dec. 22-The Court Of Appeals
handed down decisions this morning. pre-
paratory to taking the usual holiday recess
at 2 p. m. until January & No decision
was announced in the proceedings TO com
pei William Barnes. ir.. chairman Of the
Republican state Committee, to answer
certain questions asked him by the Senate
committee which investigated Albany city
and county affairs, relative to his acquisi-
ton OF stock in the j. g. Lyon Printing
Company and 10 produce the books of the
Albany Journal Company, of which he IS
president
The appeal was argued last Monday, and
q decision was expected before the court
took it's recess, as the life of the Senate
committee expires on January g. The de
cision Of the court therefore will have
no bearing on the Albany inquiry. unless
the life of the committee IL extended.
New-York tribune., 1911-12-23
PACKERS PROFITS SMALL
Less than 10 Per Cent on I'm
watered Stock, Says Attorney.

Chicago. Dec 22.-Counsel for the ten
Chicago meat packers, charged with com
hining 10 control the price Of meats IN vlo-
Iation of the criminal sections Of the Sher-
man law. concluded their opening state
ments 10 the jury to-day, and United
States District Judge George 4. Carpenter
o6io,,rned court until next Tuesday morn
irg At that time the hrst witness for the
government Will take the stand.
Three hundred witnesses will he called
by the government. and it is believed It
will take several months to present their
testimony.
Jobn Barton PAYNE, who appeared for
the National Packing Company. and Ed
ward Tilden. as president, to-day read
voluninous extracts from the report of
lanes r. GARFIELD. former United States
Commissioner Of Corporations. on the pack
ing industry. made in 1903. TO refute the
allegations Of the government against the
packers.
NJ. w. Borders. representing Edward
Morris and Louis r. Heyman. continued
the opening statements Of defendants
counsel 10 the jury. He said in part:
We hear a great deal about the high cost
Of living. especially lhe htsh pll,e ol iltd',
This i the result or changed economic
conditions The CountTys increase m popu-
Iation has exceeded the production of live.
stock we will show that the demand
for fresh meat has increased at the rate OF
800 900 90 pounds year, Whlle thele mas
Iaen n decrease Of 16 per cent. in the pro
duction of steers Can the packers be
held responsible for this condition? Is this
any evidence of an illeSal combination
These hackers pay 100000 day 10 the
farrners OF the country for their livestock.
swift. Armour. Morris and the National
Packing company do not furnish more
than IS per cent. of the treSh meat used s'o,l III
peTcentaee on their morey than Is earned
ihn anv other large business During the
three years covered by this indictmenit
InYyis e 20 earned less than 10 per cent.
w n' r. money invested. and there is no
water in The stock of these concerns. The
nrofit on fresh meat was less than one
quarter of n cent pound
New-York tribune., 1911-12-23
MR.. SHELDON EXPLAINS
Saws Letter Doesn't Indicate
Roosevelt Will Run.
WANTED FACTS TO COME OUT
Saws Ex- President Asked Him
to Clear UP Things About
Hartman Fund.

,.eorse r Sheldon, treasurer Of the Re
,yhlcan National Committee. declared en-
,batically yesterday that the publication
- this time Of his letter to Theodore
roosevelt explaining the Hartman cam
,aien contribution Of 1904 should not he
lo,strued to indicate in any sense that
Mr. Roosevelt was thinking of becoming a
c,ndidate for the Republican Presidential
nomination next June.
colonel Roosevelt has not told me that
he IS candidate" Mr.. Sheldon said. "On
,be contrary. he has told me repeatedly
that he Is not candidate"
The appearance at this time of the CORE
snondence explaining the Hartman con
tributions was just a circumstance, accord
ing 70 Mr.. Sheldon.
colonel Roosevelt and I We're on train
together some ten days ago" he said,
and this matter came up in conversation
from something in the news.
.T said Why was the truth never told
about this whole business so that it could
he shut up?' Colonel Roosevelt replied
Why can't you tell It now?' That is all
there IS 70 II"
II was purely a matter Of friendship
that he wrote the explanation. Mr. Shell
don said. He thought that perhaps 1t was
NOT a particularly good time TO stir up the
o,d controversy. But Colonel Roosevelt
svEAd me 10 write the letter" he added
uard I did So II was purely matter OF
friendship on my part That letter OF
mine states the whole truth, and ought 20
sion all comment on the incident
William Barnes. ir. chairman Of the Re
publican state Committee. who recently
was quoted as saying that Mr.. Roosevelt
wanted 10 he dictator. refused TO discuss
the correspondence in any way.
Samuel s. Koenig. president Of the county
committee. said he did not care to specu-
late on the motives behind the publication
Of the correspondence. He was told that
in some quarters the fact that Mr.. Shel-
don. who is closely allied with Wall street
Interests. had taken the trouble TO set MI.
Roosevelt right on the campaign contrl-
futions AT this time was taken as an indl-
cation that powerful interests in the street
might not be at all averse TO having MI
Roosevelt become a candidate for the fres-
dental nomination.
.r do not regard Nr. Roosevelt as
candidate" said Mr.. Koenig. j DO not
care 10 say any more.
Other Republican politicians sald theS
were much puzzled as to whether the Puo-
ucatiop of the correspondence oould ne
,steo as having any political significance
II II did have any significance they were
unable 10 settle in their mind just what II
could be.
New-York tribune., 1911-12-23
MAY GO FREE ON CHRISTMAS
Life Prisoner Proves Alibi After II
Years-Dix Gets Proof Today.

Christmas Day may bring a pardon to
John Boehman. life prisoner in Sing Sing.
who was convicted Of murder I'm the sec
ond degree in 1898. and who has had an
alibi proved for him after serving nearly
seventeen years in prison.
Boehman was charged with numbering
John NJ. Feline and Henry Knott AT Mil
ler's Hotel in Williamsburg by turning on
the gas in their rooms while they slept.
He was convicted on Circumstantal evi-
dence and sentenced 10 prison for life by
Justice willard Bartlett
A physician who was serving a short
term I'm Sing Sing became interested in
Roehman's case, and when he was lib
Grated went 10 Alex A Mapes. a LAWYER
ot No. ll5 Broadway, and together thev
succeeded in establishing an alibl. The
facts will be laid before Governor Dix to-
Il
New-York tribune., 1911-12-23
OWEN ATTACKS SUPREME COURT
Has Become a Bulwark of Privi.
leges - Saws Oklahoma Senator.

Oklahoma City. Okla. Dec 22-Declarins
the Supreme Court Of the United States
has become bulwark Of privileges.
United States Senator Robert l.. owen at
to-days session Of the State Bar Assocla-
uon replied 10 the arraignment Of the judi
ofar- recall by Judge B. c. Stuart Senator
owen said he did not impugn the motives
Or honesty Of the United States Supreme
Court judges. but that all were influenced
by their previous training and associations.
Every man who has gone on that bench
sinc5 the trans Mississippi rate case has
bsen in favor Of writing into the laws the
word 'Unreasona BILE which Congress re-
fused 10 put there" said Senator owen
New-York tribune., 1911-12-23
TO woRkHoUsE AT OWN REQUEST

Frederick Dudden. forty-seven years old.
who said he was formerly a butler TO Lord
Chancellor O'Hagan, of Ireland. applied
Yesterday 10 Magistrate Butts 10 be sent TO
the Workhouse during the winter months.
He said he was starving and could not OBJ
tain work. Magistrate Butts committed the
man for four months
Dudden said he had walked from Aloany
10 this city in the last two weeks and de-
clared the farmers along the way were
hard hearted and would not give him any
thing TO eat. Dudden told the magistrate
he had rich relatives in Ireland, but did
not want 10 apply 10 them for help.
New-York tribune., 1911-12-23
TAFT SURE, SAYS PENR0SE
Sees No Chance for Nomination
of Roosevelt Or La Toilette.

Philadelphia, Dec. 22.-United States Sen
ator Penrose in an interview here to-day
predicted that President Taft will be re-
nominated without serious opposition. lie
said that, so far as he has been able to
ascertain there is no great amount of
sentiment I'm this state for the nomination
of Senator La Toilette or any other he-
publican of the Progressive school" There
Is no chance for the nomination OF MT
Roosevelt Mr.. Penrose said. pennsylvania
will send solid Taft delegation TO the
Republican National Convention. the sen
ator believes. While in Washington. SEN
ator Penrose said, he had heard considera-
hle ant-Taft sentiment expressed. but ne
expects this to subside before the conven-
ton meets.
Mr.. Penrose, who is chairman of the SEN
ate Committee on Finance. also said that q
hill revising the wool schedule will probably
be passed, and some form of monetary re-
form legislation will be enacted.
New-York tribune., 1911-12-23
SURVIVES SlX-STORY FALL
Bricklayer Jokes with Surgeon,
and Then Walks Home.

Nathan Gevine. bricklayer, fell from
ladder rigged as a scaffold at the lever
of the sixth floor of the building IN courso
Of construction AT No 95 Cannon street
Yesterday. but escaped with few bruises
and a general shaking up
He toked with surgeon from Gouverneur
Hospital, who hurried into the basemens'
of the building expecting TO find him dead
or dying. Then the bricklayer walked
home.
Gevine managed To clutch one OF the
ropes used in hoisting the ladder vhicn
was dangling at the rear OF the buiidlns.
Even then he did not hold on. but TINS
checked his downward fight. When No
struck the ground he was knocked sense
less.
New-York tribune., 1911-12-23
FIFTY YEARS IN PRISON CELLS
Aged Offender Will Pass Remainder of
Life in a Madhouse.

Cincinnati, Dec 22.-After spending fifty
years behind prison bars. William Timber
lake to-day entered an insane asylum,
where he viii have more freedom than he
has known for more than half Of his long
life Timberlake is seventy-fve years old.
and the police claim he has spent fifty
years Of # in prison. When taken to the
Probate Court to-day he was so feeble
that he had TO be assisted by guards and a
physician. He had little to say at the hear
ing apparently unconcerned as 10 MS next
place Of abode.
Drs Kendig and Davis, insanity experts.
found he was suffering from senile de-
mentia and declared that he viii remain
at the Longview madhouse the few years Of
life left 10 him
New-York tribune., 1911-12-23
MRS. M NAMARA NEAR DEATH
Confession Of Her Boys Struck Right
to the Heart" Says Her Pastor.

lhy Ieleefcph 10 The Tribune
Cincinnati, Dec. 22-Mrs. Mary McNa-
mara, mother Of James 3. and John J.
Mcnamara. is near death at her home I'm
this city. She had planned a holiday Jour
ney to California to visit her boys at San
Quentin prison. but now she may never see
them. Her pastor, the Rev. Father Hickey.
who visits her daily. said to-day.
That blow-when her boys confessed
struck right to the heart The criticism
that has been made that her sons were not
properly brought up IS one Of the cruellest
statements that nave been made. J know
that for years the mother worked from
morning to night over washtub that her
BOYS might be rightly reared"
New-York tribune., 1911-12-23
PRESIDENTIAL PRIMARY BILL
Measure Passes California Senate
Without a Dissenting Vote.

Sacramento. Cal, Dec. 22.-The State Sen
ate passed the Presidential preference pri-
mary hill to-day without dissenting vote.
The bill now requires only the Governor
signature TO become law. 1t provides Tor
the election Of delegates to national party
conventions by a statewide vote. the en-
tire group being pledged for a Presidential
nreference
New-York tribune., 1911-12-23
DOG DIES TO SAVE FAMILY

Rochester Dec. 22.-The family Of Cor
don Green, living two miles north Of Boil
var was saved from death by a shepherd
dog early this morning. when the house
burned down. The animal raced through
the burning house and awakened the sleep
ing inmates. all of whom escaped but the
dog perished In the fames
New-York tribune., 1911-12-23
AUTO SMASHED BY TRAIN
Became Stalled on Crossing and
Doctor Couldn't Bulge 1t.

An automobile owned by DR.. John A.
Ouell. a Brooklyn physician, living at No.
47s Decatur street. was smashed TO pieces
by a Long Island Railroad train at the
Uempstead and Babylon turnpike crossing
early last evening. DIR. Quell accompanied
by his chauffeur had gone 70 Amityvlle
10 inspect another automobile with the view
of buving it and was returning TO Brook
lvn. when his car became stalled at the
railroad crossing. Both men got out and
attempted 10 shove It from the tracks, but
the car was a heavy, seven-passenger au-
tomobe and the combined efforts of the
two men did not bulge It. While they We're
searching about for means to aid them
they saw the train approaching. Both men
STAYED on the track, endeavoring to move
the car. until they were forced 10 jump for
their lives. Besides smashing the automo-
bile. the front OF the engine was damaged.
This makes the fourth accident OF sim
liar nature that has taken place in the
same section within few weeks
SUNDAYS NEW-YoRk TRIBUNE
10 lI.,;taA .tac
New-York tribune., 1911-12-23
ISSUE or s15,OOO,oOo SOLD.

The sl5,Oco0oo AZ per cent equipment
trust notes Of the New York Central Lines
which were offered yesterday by j. r. Nor
gan & Co. the First National Bank and
the National city Bank have all been sold
The issue was largely over-sahscribed.
New-York tribune., 1911-12-23
BOY DEAD FROM HYDRoPHoslA

Joseph Emerson, Hobokcn boy, who
was bitten by dog ON November H. died
in ST. Marv's Hospital. that city, yesterday
from hydrophobia.
Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1911-02-16
CALLING IN OF WARRANTS
DEPLETES CASH BALANCE

Pierre S. d. Feb. 1u.=The balance
L. the state general fund at the END
Of January howe a decrease in the
amount IN the fund a, the issuing Of
the treasury statement for December
due to the cali for genera fund regis
Tered warrants outstanding which
amounted with interest TO s224.5sIs1.
The balance at present in t.ie fund il
3tJ.2ss-s5. The total Of the balances
In all funds al tire close Of the month
waE s24s.!lss3s- The present balance in
sssce in the interest and income fund
OF The common school WAS only s2ls.1s.
due to ii large disbursement. and TO
receiving any money ors this account
during the month The treasury de-
parttnent IS stiii registering general
fund warrants and aiil continue to do
50 until the funds In the treasury are
sv:eIled by the tax receipts for the first
quarter of 1871.