davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
WHAT IS NOT NEGLtGENrr
Appellate Division Defines III.
Duties of EMPLOYERS

The Appellate Division gave dss.,..
yesterday of what is not negIIssra.M
the part Of an employer. This ON
said: Failure to guard agalne, 'a
which has never occurred and wh,.,
very unlikely to occur and which al
naturally suggest Itself to pruden, "0
az something which should be vr. "ea
against. is not negligence" 7a
The case I'M point was a sui, h.,
BY Frank Duke, a carpenter in N. ."
ploy Of the American Museum O, M, s"'
History for injuries he sustained N
verdict for sl2,5O0 In the Supreme c. :"
which the higher court yesterd.v
aside, ordering a new trial.
The suit was brought under ~.
ployers' liability act, about which ~
court had also something to say q. =,
lows: IF the danger was not one - y
reasonably anticipated, II is not the A.,
OF the defendant TO provide safeeu..1.
which since the accident are sugg..,ss
The master does not guarantee the go
OF his servants; he is not Obliged 70 g..
nlsh a servant with an absolutely GO.
place in which to work, nor is he ohl,a,,
TO furnish the best known appliances an
that he is Obliged TO do is TO furnish a,
planes that are reasonably safe and a,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
BELATED VERDICT ILLEGAL
Decision of Reconvened Jury Is
Set Aside.

Because Justice Gavesan reconyened
a jury four days after IL had been dis
charged on account OF failure TO agree,
and then had verdict recorded. the APP
pellate Division reversed the Judgment
yesterday.
The suit was brought by William b.
Anderson against the Illinois Surety Com
pany. The plaintiff got a verdict for g.
1853 The jury retired for deliberatIon late
Friday afternoon with instructions TO rem
der a sealed verdict. They sat until mid
night and were unable to agree. when
they were discharged The next day JUS
tee Gavegan instructed the clerk OF the
court to call the Jurymen together again.
They reported Tuesday and explained that
they had agreed on one question, but
were not able TO agree on two others.
Justice Gavegan ruled that their answer
to the one question established the plain
tins right to recover.
The Appellate Division held that the
jury was discharged when It was allowed
to separate and therefore reversed the
judgment.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
STRIKE OF TRAINMEN
BELIEVED INEVITABLE
Committee Will Meet Here To-
day and Is Expected to
Ratify Vote.

From all indications yesterday 1t looked
as If the strike Of the trainmen and con-
ductors on the Eastern railroads is now
inevitable unless some influence not yet
foreseen intervenes to prevent IT. The
managers committee of the railroads had
no statement to make, and is waiting TO
see the next move Of the trainmen AMI
conductors when the committee of nearly
one thousand trainmen and conductors,
representing the men on all the roads in
volved, meets here to-day and tomorrow
10 take up the ratification OF the vote Of
the men for strike.
A meeting of the committee has been
called for a. m. to-day in the Broadway
Central Hotel, but as all the members
may not have arrived then II will be
merely to get ready for taking up the
business for which the committee was
brought here. President Garretson Of the
order OF Railway Conductors said that
,he members OF the committee will be
chartered IN the Broadway Central Hotel
and in places within block or two OF
this hotel
''The trainmen and conductors may
have close quarters while they are here
he eaid. but they do not mind little
discomfort, and we want the entire COM
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
FRANCHISE GOES FOR $25
Property of South Shore Trac-
ton Co. Sold at Auction.

The receivers Of the South Shore Trac-
ton Company sold the property Of the
concern I'm Nassau and Suffolk counties
for the sum OF $l6.72j at public auction
Yesterday. The sale was held in the
Federal Building, Brooklyn. and among
the bidders were representatives Of the
Carnegie Trust Company and the North
ern Bank. The trust company holds
bonds OF the road with "A face value Of
$1,000, while the bank holds bonds with
q face value of SlsS,VO. on the bonds
held by the Carnegie Trust Company. Jo-
seph G.. Robin borrowed $4,000 a short
time before his financial reverses began.
The Carnegie Trust Company bid $500
for the entire property OF the road, but
the receivers found that they would
make more by selling the line in parcels.
The franchise OF the road from Sayville
70 Port jefferson was purchased by Will.
tam b. Winslow for S2j. Robert ID. Ire
land, president of the Babylon Railroad
Company. bought three strips. lie got
the property at Amityvlle for $3.50: that
In Nassau County for 5000. and that ex-
tending from the western boundary Of
Islip TO Cherry avenue, Sayville, for
$1,000 Arthur NoswOrthy. a contractor,
bought the rest Of the line In Sayville
for $500, and the property from the lsliD
South Country Road and Railroad avenue
70 the easterly limits for $3.50.
The South Shore Traction Company laid
three miles Of track between Sayville and
Blue Point about three years ago. The
line was never extended 20 PatchOgue its
objective point a mile and a half east Of
Blue Point and no attempt was ever
made to run cars over IT, There were.
besides, several disconnected sections Of
track in Islip.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
Should Not Have Allowed mex
perienCed Man in Cab, Says
Utilities Commission.
ENGINE FOUND ALL RIGHT
Signals Too Close Together, Ex-
pert Declares-Doherty Held
Responsible for Accident
That Cost Six Lives.
rBy Telegraph to The Tribune. !

Bridgeport. Conn, July ll.-Charles j.
Doherty. engineer OF the second section
OF the Boston Express. which ran into
the first section at Stamford on June u,
killing six passengers and injuring many
others. was held responsible to-day Tor
the wreck by the Connecticut Public
Utilities Commission. but the New York,
New Haven g. Hartford Railroad did not
escape censure.
The railroad company was AZ IauIt III
not having taken the proper precautions
to see that an experienced engineer was
placed i'm charge Of the train, ana the
commission criticised the road also tor
allowing an arbitrary rule or agreement
with It's union employees to make possible
an inexperienced engineer being pIdceu vi
the locomotive.
II was Doherty's limited experience, the
commission found, that caused MN 10
underestimate the speed of his tram "heh
applying the brakes at Stamford
Amer making tests with Doherty
engine and train and listening 10 tue '''
timony OF experts the commission 4ouHu
the brakes in good condition anu ao'e u
have stopped the train In time TO prevent
the accident had they been apphed prop
erly and at the right time
The distant and home signals at S''l''
ford were too near together the comin's-
sion reported and it recommended that
the distance between them-l.SD ieet-he
increased to at least 800 feet.
Included In the report of the comihis-
sion was the report Of &. G. Elwell, chlef
engineer and Inspector. who made recon-
mendatlons as 70 how such accidents
might be prevented In the future. Refer
ring 10 Dohertys inexperience Mr.. FL
we'll said:
IL do not believe it safe or prudent 10
allow an engineer with less than one
years actual road service on freight
trains TO run local passenger trains ana
through express trains should be handled
by engineers having at least TWO years
experience In road service
Elwell also recommended that frequent
examinations OF engineers be made TO de-
t,rmine their htness and knowledge Of re-
quirements, and that no arbitrary rule or
agreement be entered into which might
lessen their ability TO meet responsible
ties.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
AGED MERCHANT KILLED
G. B. Bennett Dies in Hospital
After Being Hit by an Auto.

Charles b. Bennett. a commission mer-
chant, seventy-siX years old, OF No. 2
East l2Sth street, died yesterday i'm the
Harlem Hospital as a result of being
run down by an automobile early that
morning at Seventh avenue and l25th
street. Mr. Bennett was I'm business for
forty-fve years at No. 30 Reade street.
Mr. Benefits wife died about two
months ago. and since then he suffered
great deal from insomnia and he some
times arose early. as he did yesterday. TO
go TO his office He was walking i'm l2jth
street when the automobile came up Sew
enth avenue. The machine was not going
fast, but Mr.. Bennett seemed To become
confused and stepped in front of it. The
car belonged 10 Frank Davis, OF No. 2il
Fort Wayne avenue.
Mr.. Bennett leaves three daughters and
a son. lie will be buried at New Utrecht
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
DR.. MULLER RECEIVES
Distinguished Company Gathers
on MinaS GeraeS.
NAVY WELL REPRESENTED
Brazils Foreign Minister Says
He Will Leave America
Owing Great Debt.

Members Of diplomatic corps. army and
navy officers and masters OF finance were
callers on the Brazilian warship Minas
Geraes. at the farewell reception given
yesterday afternoon by Dr. Lauro Seyerl-
auo Muller Minister of Foreign Affairs
OF Brazil
The warship was anchored in the Hud-
son. opposite 10Th street. Near by was the
Benjamin Constant. the training snip
which accompanied the Minas Geraes TO
this port The American dreadnought
Arkansas and Delaware and the torpedo
destroyers Tanning. jenkins and Jarvis
acted as conveys for the Brazilian ships
Six hundred invitations were issued for
the reception. The upper deck OF the snip
was ablaze with colors. American and
Brazilian flags formed canopy over the
deck and ferns and flowers played an I'm
portant part IN the decorations which
transformed the deck of the warship into
a dancing pavilion.
DR.. Muller was everywhere on the deck
greeting his callers lie seemed very
much pleased at the number OF guests
who had come. lie said 10 Tribune re-
porter after the reception.
Il came 10 America to pay on debt.
but / find | will leave It owing stin
greater one. The people here are most
cordial, In spite Of their Industrial en-
crgy. In fact. ] think the United States
a great nation.
Il regard your country as a world
within world. Your progress has been
wonderful in commerce and everything
else as well. ! am delighted with this
event"
Captain Roy C. Smith OF the Arkansas
and Captain Rodeman OF the Delaware
were among the early arrivals to pay re-
spccts TO the Brzlian minister. Mayor
Gaynor could not be present. so his secre-
tary, Robert Adamson, and Il. a. G.
Smith. Commissioner OF Docks. were the
representatives, for the City Of New York.
They came aboard after a salute had been
fred by the Arkansas and answered by
the Minas Geraes.
Among others present were Major Gen
eral Thomas Barry. Captain Albert
Gieaves. commandant OF the New York
Navy Yard; Dominica Da Cana. Ambas-
sador from Brazil; NJ. J. Ferrelra da
Cunba, Consul General OF Brazil. Or.
Regis dOliyeina. Brazilian Minister TO
Cuba; Dudley Field Malone. Assistant
Secretary OF State: Charles w. Anderson.
Collector OF Internal Revenues. Charles
VI. Schwab, Lewis Nixon. Edward Tai
colt, George Frederick Kunz, John -.
CrImmins. Charles Il. Flint and Julio +.
Sorzano, president OF the Pan-American
Chamber OF Commerce.
DR.. Muller, who has just returned from
his San Francisco trip. passed a busy day
yesterday at the Hotel Knlckerbocker,
which will be his headquarters until July
l6, when he sails for home. He received
calls In the morning from Captain Smith
OF the Arkansas and other navy officers.
During the early part OF the afternoon he
answered a large amount OF correspond
ence.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
BOY KILLED, WOMAN HURT
Auto and Bicycle Cause Two Fstd
Accidents in Williamsburg.

Philip Geragy six years old. OF No. n
Humboldt street Williamsburg. was run
down and killed instantly yesterday Ia
front Of his home by an auto truck OF the
Adams Express Company. operated by
Frank Kornblum, Of No go Schenectady
avenue. Philips mother saw the accident
from a window OF her home. She became
historical and in her haste TO reach her
son fell down a fight Of stairs injurlng
her head.
In a few minutes a large crowd collect.
ed. Moses Blaske. Of No. IA Schols
street. passed along on a bicycle and N
endeavoring TO keep clear Of the crowd
ran down and injured, probably fatally
Mrs. Elizabeth Hoffman, seyenty-seyen
years old. OF No. ls2 Maujer street. Korn.
blum was not arrested. as the fatality
was said to be accidental.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
WRANGLE IN QUEENS COURT
Grand Jury Rejects Judges's
Advice in Suit Against Connolly.

Owing 10 division II opinion between
Mathew j. Smith. District Attorney in
Queens, and the grand jury. County Judge
Burt j. Humphrey was called In yester-
day TO advise the jury after Assistant
District Attorney John Hetherington and
Foreman Walter S. Feddis held more than
an hours conference with the Judge
Even after the instructions were received
from the Judge the jury refused to recede
from the position which 1t had taken. and
the day ended with the jury taking an
adjournment until Wednesday.
In very unusual proceeding In the
county court, while Judge Humphrey was
OH the bench, Robert Price Bell after
being refused to address the court and
foreman of the grand jury in the presence
OF the grand jury. intimated that Judge
Humphrey was using undue influence
with the Grand jury and fayoring Bor-
ough President Connolly.
In reply to questions OF Bell. who is the
attorney for A. q. Halleran. the brother
in-aw of Borough President Connolly.
who has sued tile Borough President for
81, 600 for the alienation OF the affections
OF Mrs. Hallersn. Judge Humphrey said: .
Il am not taking an examination for
admission to the bar to-day. II l have
done anything wrong, you know your
remedy. You can get busy as soon as
you want to-"
II propose to inquire into conduct which
| consider improper. unethcal and not
fair to the people" declared District At
torney Smith. when we summon wit
~
Jury. / consider II highly improper for the
attorneys OF these witnesses to appear
here. to advise them and talk with them
and endeavor TO influence the testimony
"a hich they give before the grand Jury"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
PRAYER FAILS TO SAVE BOY
Coroner Investigates Death of
Christian Scientists Child.

Coroner Dunn, in Yonkers. is making
an investigation Of the death OF Edward
Whitney. sixteen years OF age, OF No.
Is Stanley place, who died yesterday.
The Coroner says he has learned that
the young man died without medical aid:
that his mother is a Christian Scientist,
and that prayers had been resorted to
by the parents to save the boys life.
Two days ago Mrs. George Whitney.
mother of the boy, telephoned to Health
officer William Coombs that there was
case OF contagious disease at her home.
Coombs found the boy suffering from tu-
berculosis. He also learned that no doc
tor had been attending him. he says. but
that the boy was undergoing Christian
Science treatment
Coroner Dunn said last night that he
is making an investigation to ascertain
II he can proceed criminally against the
parents for their failure 10 call in
doctor tn attAnd him
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
DROWNING ENDS OUTING
Lad Disobeys Teacher and
Sinks in Bronx River.
Secretary OF State.

Jacob Barron. ten years old. OF No. rs
Union street, Brooklyn. one OF twenty-five
boys who were yesterday taken on an out
ing 10 the Bronx Park by Miss Edith
Fosdlck, a teacher in the Little ltaly Set
Element. No li6 Union street, Brooklyn,
was drowned I'm the Bronx iuver.
The boy, disregarding the warning q
Miss Fosdick, jumped into the river for
swim with two companions. 10 was
seized with cramps. and the other youths.
instead Of going to his assistance. swan
ashore and informed man who was row
Ing in the river near the Boston Road
entrance to the park The man mOored
his boat and went In search Of a patrol
man. lie found Pauolman Francis
Trainor. The latter swan 10 the spot in
dicated as that at which the boy disap-
poared After diving several times the
patroman recovered the body. Dr. Dono-
van. Of Fordham Hospital, worked over
the unconscious boy with pulmoter for
twenty minutes, but life was extinct
The twenty-four children trudged back
to the subway station without opening
their lunch baskets.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
ROBIN GOES TO THE ISLAND
To Serve Remainder of Years
Sentence in Shoe Factory.

Joseph c. Robin was taken to Black
wells Island yesterday serve out the
sentence OF one year imposed on January
10. Following his conviction OF grand lar
ceny Robin was taken to the penltentiary,
but was there only long enough to give
his pedigree. writ was served at once
on the warden and he was returned TO the
Tombs, where he has remained ever since.
With time off for good behavior Robin
will leave the island on November 20.
Robin. In custody OF Deputy Sheriff
Naughton. left the Tombs yesterday
morning. They went by trolley car TO
the Department OF Correction dock,
where the boat was aiken for the island.
Robin vas not recognized by any one on
the way.
Robins four months on the island will
be sper In the shoe factory One OF his
mates will be James Il. Hussey. formerly
police Inspector, who was convicted of
conspiracy.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
big TINS" ESTATE SUED
State Bank Superintendent Asks Or
der Against Committee.

George c. Van Tuyl, jr., State Super
intendent OF Banks, has applied TO the
Supreme Court for an order directing the
committee I'm charge OF the property OF
Congressman Timothy ID. Sullivan to pay
note for $500 held by the Union Bank
OF Brooklyn. Deputy Sheriff Lee served
Lawrence Mulligan. one Of the committee.
with a summons yesterday to appear in
the Supreme Court on Monday to show
cause why the order should not be
granted.
The note OF which the superintendent
OF Banks seeks payment was given by
Big Tim" Sullivan to Thomas l.. Reyn-
olds. a real estate broker. in 1907.
Reynolds placed the note In the Union
Bank and il has remained unpaid.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
SUES sTAUCH FOR INSULT.

Louis Stauch. proprietor of a dance hall
at Coney Island. is being sued for $4,000
damages in the Supreme Court by Miss
Margaret l.. Van Duzer. Miss Van Duzer
alleges that she was insulted on July 8
by waiter employed In the dance hall
and that other employees OF Stauch as
saulted her. She adds that In the excite
ment she lost some money
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
MONTGOMERY IS FREE
Former Head of Hamilton Bank
Quits Sing Sing on Parole

William r. Montgomery, who was sr.
fenced on July 2. 1912, to Sing Sing prso,
for grand larceny Of $4,000, left Ossis.
ling for New York yesterday. Two yeek,
ago he applied to Governor Sulzer tor /,
parole. charging that former Warde,
John 5. Kennedy was responsible for III.
failure Of the Board Of Parole to &C; On
an application for liberty, which he had
previously made. Governor Sulzer wa,
on his way to Gettysburg when Mon.
gomerys appeal reached Albany. Ths
trouble started I'm the recent investigation
Of Sing Sing prison, when Montgomeu
testified against the warden.
Montgomery was formerly president a
The Hamilton Bank and was an assOcist
OF ]. G. Robin. The bank failed. lie wa
convicted on February 7. 1911.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
COL. DICKINSON COMING BACK
Change in World Tour Plans Surprise
Jersey City Politicians.

Jersey City politicians were surprised
Yesterday when 1t was learned that Colo
mel Samuel ID. Dickinson had suddenly
changed his plans and was "a passenger
ON the steamer Imperator due here next
week. The former Secretary of State,
who was the Republican leader in Hud-
son County for many years, departed In
January for a tour OF the world and his
itinerary was arranged to keep him
abroad until fall. The get-together dinner
recently held in Jersey City may have
Influenced the early homecoming. Five
hundred attended the dinner and the
three factions-Dickinson. Rotterdam and
Progressiye-were well represented. Only
the ultra Progressive leader. Record and
his close followers failed to appear
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12

mittee to be so quartered that meetings
can be called quickly"
Mr.. Garretson and President Lee Of the
trainmen's organization declined to talk
of the conference 10 be teld in the White
House on Monday between President Will
son. Secretary Wilson of the Department
Of Labor, presidents of railroads and rail-
road brotherhoods and others. They did
not want, either, to discuss the hopeful
tone of Secretary Wilson, who was report
cd in the Washington dispatches as saying
he believed a railroad strike was not i'm
minent They gave out the following type
written statement yesterday afternoon:
IF the President of the United States
has either considered or called confer
ence TO avert industrial conflict we have
never heard Of IT, directly or indirectly.
nor have we ever commented upon, or re-
fused to attend. such conference, notwith-
standing quoted utterances to. the con-
trary. a. b. GARItETSON,
President, Order Of Railway Conductors.
"W. G. LEE,
president, Brotherhood Of Railroad
Trainmen."
In the evening they gave out this state
mont, which would indicate after ALL that
they have some interest in what is going
on at Washington:
"As regards amending the Erdman act:
We assisted in framing the Newlands bill,
which passed the Senate unanimously,
and II we are unable TO attend the con-
ference to press passage Of same, chiefs
Of other railway organizations present
will have full authority 20 speak for US
in giving absolute approval to the imme-
diate amendment OF the act by the pas
sage Of the Newlands bill by the House
Of Representatives.
This also was signed by Garretson and
Lee.
When Mr. Garretson was asked how
much notice would be given to the rail-
roads in case of a strike. before II went
into effect, he said that he knew the
probable time that would be given, but
was not going to say just then.
They will be given a chance TO recon-
slider their refusal OF everything" he
continued. "and viii get fair play. When
the strike comes II will come quickly
In case of a strike, II was said q num-
Der Of the members Of the committee OF
all the roads. who came here from dis
lance, will want TO reach their homes
before the strike becomes effective. This
committee is the largest Of its kind that
ever met for the purpose OF acting on
strike, and the strike, II 1t occurs, will
tie up for a time all Eastern traffic, as IL
will prevent the sending of trains out Of
the yards. The conductors give the word
for the starting of trains, and the en-
gineers cannot start them without the
order from the conductors.
1t is looked on as foregone conclusion
that the committee of trainmen and con-
ductors representing all the roads will
ratify the strike vote, and the heads Of
the organizations of trainmen and con-
ductors have already said that in such
case they will sanction a strike.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
AsToR LOSES GRADE AWARDS.

The Appellate Division annulled yester-
day an award Of $500 to William Waldorf
Astor by a change OF grade compassion
for damages to property In East l65th
and 18th streets. Mr.. Astor also lost his
action to compel the city 10 compensate
him for damages 10 property In River
avenue caused by a change OF grade.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12
v,cE.ApMlRAL moNTT RETIREs.

Valparaiso. Chill. July 1l.-Vice- Admiral
Don Jorge Montt, director general OF the
Gillian navy and former President OF the
republic. has retired from the public SER
vice after forty-eight years of activity.
Admiral Conf has been appointed his sue
cessor.
The Glenwood post., 1913-07-05

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