davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
SAYVILLE PLANT IMPROVED.
additions Make the Wireless the
Largest In the World.

The last stroke OF constitutional work
making the wireless station at Savville.
y. Y, the largest IN the world was
completed yesterday when the fourth Of
the new reinforced towers to support
the antennr Of the 100 kjlowatt thlns-
mlttrr was erected. There are seven
towers al the station now.
Yesterdays finishing touch" on the
elaboration OF the Sayviile station helps
to make the transmission Of wireless
messages from Sayville tu the receiving
stations AZ Nauen and Rerltn, GERMANY,
as safe and as prompt as il possibly
could he desired, according to officials
OF the Atlantic Communication Company,
which Is operating the station under
the supervision of the United states
Government. The wave p~rOpagated by
the 100 kllowatt trausmitter is So power
ful that 1t loses little or nothing BY
friction with rain or storm.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
OPPOSES FREE TEXTBOOKS.
PrrndcrInst Would Have students
at city COLLEGE buy Them.

comptroller Irendergast will recon-
mend to the Board of Estimate to-day
that the trustees OF the College OF the
city of New York be asked to consider
the ACCESSIBILITY of requiring studcuts TO
buy their books, and will ask tina the
request of the trustees to transfer s., 1000
from one appropriation to another for
the purchase Of books for the students
he disapproved
Mr.. Prendergast refers to "A report
made to the board of Education by the
committee on studies and textbooks, In
which II was held that II would be a
distinct advantage to the pupils TO have
hl. ihn hllll INV use
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
OSBORNE TRANSFERS EIGHTY
Men srnt Away on Vote of IN.
Prison Welfare

ossiNNING. y. Y, July 2S.--Warden
'sDorne or sing SIM transferred eight,
,on,i'ts !" other state prisons to-day.
They were mostly of the unruly TYNE ard
had been in rows with officers OF tho
Welfare League. "
Bosco Lynch. n leader of the trouble.
some element goes to Auburn. San
Struk. who had charge of the coryicts'
store. was sent TO ComStock because
h" was not willing TO buy a orc piece
bathing suit lie had a dispute with u
former prisoner who had been acting AS
"A valet for Warden Osborne. San Far
beri. who had words with lynch. went
to Clinton, The Welfare League voted
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
WANTS HER ALIMONY.
Mrs. Saunders says Doctor IL Rum
ming Behind $50 u Week.

DR., Harry &. Saunders Of III West
Twelfth street was directed yesterday by
supreme Court Justice Glegerich 10 show
cause why he should not he punished
for contempt Of court IN failing to pay
alimony to Mrs, Mlttie W Saunders un-
der an interlccutory decree of divorce
she got before Justice Blanchard on June
II last. The court found DR. Saunders
guilty OF misconduct with Mrs. Martha
Johns Wilschutz. whose husband is suing
him for alternating her affections, and
ordered him to pay $40 a week ~alinNony
Counsel for Mrs saunders told Jus
tlce Gieeerich that Dr. Saunders has
paid only $40 a week and said he was
unable to do better. The attorney al
legged that Or. Saunders Is able to
conduct an establishment" for the CO.
respondent.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
BUSINESS MEN BADLY HURT.
Chauffeur killed as Car Containing
Gamers strikes Rock.

ROCHESTER. July 2S.-Six persons were
hurled to serious injury, one to death.
when a touring automobile struck a rock
this afternoon in the road between
Springwater and Hemlook. twenty-six
miles from Rochester, The machine
rolled twice over Warren a Sloat OF
Rochester. the chauffeur, who was killed.
In the car were five Of a party Of
thirty prominent Gamers who were maxi
ing an inspection trip. They are George
w Cobb. assistant general sales man
ager OF the American Can Company.
who ives in Montclair Harry l.. Can
o Of the H.. Il Cannon Company.
Bridgeville. Del \ \ II Y,ngling OF
Westminster. Nd. +. Greenbaum of
Sesford. Del. and W. II Osborn OF
HoneJye Falls. Mr.. Cobb and Mr.. Cam
non are seriously injured. but are ex-
pected To recover.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
SECURITY LEAGUERS INVITED.
Delegation viii Visit EishLtU
Plains Camp To-day.

The National Security League an
bounced Yesterday that on the invita-
ton of Major-Gen. John +, O'Ryan a
delegation from the league will go to
Fishkill to-day as guests of the National
Guard. This delegation will include :.
Stanwood Menken. president of the
league f., Woodward Duke, assistant
secretary Roger Whitman, Cushing
Stetson and william Mccomb, and Kern
Dodge az representative of the leagues
recently organized ranch at Philadel-
phia.
Gen, organ will meet the delegation
At poughkeepste with automobiles. They
will be entertained at luncheon and in
the afternoon II military demonstration
by the troops has boen planned In their
honor,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
Anidnyit Disregn rd

sAs TO the defendants own affidavit
II IL not contended that 1t sets forth
newly discovered evidence and must be
d~isregarded.
"Kaufman's two afildavits detail GER
tain conversations with Bridge Weber,
Rosenthal, Mrs. R,senthal, Apclbaum
and one Muttle, very little OF which
would be admissible under the rules Of
evidence.
$50 OF the affidavit OF Edward c.
Ginty. which purports to give the SUBJ
stance of a conversation had with Rose
to the effect that 1t was not intended
that Rosenthal should be killed, that
Rose had over $4,000 in his possession
I o be given 10 Rosenthal for the purpose
OF getting him out OF the way. and that
Rose was shocked and disappointed
when he heard of Rosenthal's death.
The only theory on which this evidence
could be considered competent IL that
II might be introduced to impeach or
contradict Rose. But such proposed evil
dence Is clearly of no weight upon this
motion. according TO the decisions cited
above.
1.-THE same may be said OF the afi-
davit of the convict Murphy. II what
he swears to would be admissible at all
It would be for the purpose of impeach-
ing or contradicting Weber or other
witnesses for the State. Murphy swears
that in the Tombs he heard n Sc, VAL
Ion and Weber discussing a plan to
frame Becker
"Isaa NJ. Cohen's afldavlt tends to
show merely that Roscnthal had a note
oil the late Senator sullivan which The
affiant sought vainly to have discounted
This is immaterial except upon the
theory that other incompetent and Inn
material evidence proposed should first
be admitted as a fcundation,
Lewis Harris in his affidavit swears
that he overheard Weber say to The
person known a. Dollar John, ~ you
string with Herman we'll take you the
same az We are going to take him. and
that Rose admitted to him in eff ct that
the evidence connecting the defendant
with the killing OF Rosenthal had been
fabricated, This affidavit is prolix and
for III. most part a rambling tumble OF
irrelevant happenings and "ouversa-
IONS. Whatever relevant matters II
'"nt4sns would h" ndn'ssiblc ou'v ga
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
E HIS MEN
OF BLAME FOR EASTLAND
Secretary of Commerce Sees No Reason Why Steamboat
Inspectors Should Consider Stability-Coroner's
Jury Urges Indictment of Six.

CHICAGO. July 30 Thursday, 2 AMI
An extraordinary turn came last
night In the Investigations Of the
Eastland disaster. The Secretary OF
Commerce. william c. Redfield. the
highest Government official here, as
serted positively that the local steam
boat inspection service should not be
blamed. The Secretary went even fur
ther and asserted that he sees no need
OF giving the Federal authorities power
to pass upon the stability OF boats or
upon the plans submitted to builders.
81 do not believe that the stability
OF IA boat should be Inspected any more
than your tall buildings are inspected
for stability" he said. "The matter OF
stability, as well as all plans Of the ship,
are left to the buildsr.'
Referring to the possible cuipability
OF the inspectors the Secretary said:
Prom the facts | now have before
me | do not hesitate to say that I be-
lIeye the passenger inspection was frst
class"
MI nsiauxhter indictments Likely.
Six or more indictments charging
manslaughter will probably be returned
by the Cook county Grand Jury inves-
tiga,ing the disaster. Those pointed
to as the possible objects OF the ind.ct-
ments belong 10 three groups of per-
sons as follows:
Members OF the Government steam.
boat inspection service.
officials Of the Chicsgo.st. Joseph
steamship Company. which owned and
operated the kastland.
Operating officers n members Of the
crew.
The Coroners jury returned a yer-
die; at / ociock This morning !eeom-
mend;ng hat :he following be held 10
the Grand Jury for Indictment
Capt Harry Petersen.
j. VI Erickson. chief engineer.
william II. HUI, vice-president and
general manager OF ;he Chicago-Si.
Joseph steamship Company.
William ireenebaum. Chicago agent
OF the lndiana transportation Company.
which chartered the Eas;.and FOR the
excursion.
Two minor officials.
Thu jury recommended hat the
charge OF m~anslaughter and any other
charges that the States Attorney might
see NJ 20 include.
The Grand Jury VIII act upon the
recommendations at 10 o'clock this
morning
The Cook county Grand Jury mas been
"a snszfN,a ,at,1 "a, 90. 81 co..
oners inquisitors. states Attorney
Hoyne and the Coroner appear TO have
been working In harmony and the rec
concentrations OF the Coroner's body
will be acted on at 10 o'clock this morn
ing.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
TOLEDO JOB FOR DIR. NEARING.
Ousted 4. of y. Professor Invited
to Teach social Science.

ToLEDo, Ohio, July 2S-The board of
directors of Toledo University, the
municipal university of Toledo. ohio.
at the last meeting invited Dr, scott
Nearing, until recently Of the faculty OF
the University OF Pennsylvania. to be
come professor of social sciences in the
university and dean of the college OF
arts and sciences.
The directors felt that Dr, hearings
experience and training were such as
to enable him to render valuable SER
vice to the university in It's endcavor to
put into practice part of the social pro-
gramme advocated by DR.. Nearing in a
number OF his books. II is believed DR..
Nearing will accept.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
GOMPERS ATTACKS JUDGE.
4 ssnils HtilSer for Conduct az
Trial of John u. Lawson.

WAshlN0ToN. July 2S.-l'ndcr the
caption The Crime Against Lawson"
President tiompors Of the American
Labor Federation IN the August FcI-
crdtionist ~ed!tor!ally attacks Presiding
Judge Hillyer for the way he conducted
the Colorado trial, which resulted In
Leader JOIN r. Lawson being
sentenced to prison for life for the muir
r,' ~ Il NITRIC guard.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29

contradiction or impeachment OF Weber
and Rose and therefore ~unavailing here.
THE affidavit Of the Rev. James b.
Curry becomes immaterial In the view
I take Of the defendants statement as
before indicated. Father Curry's affi-
davit IL intended merely to show that
Defendants statement had not been fab
ricated for the purposes OF this motion.
Hartford T. Marshall swears In his
AFFIDAVIT that. in "a conversation between
him as lawyer and Weber as his client.
the latter told him that Becker had
nothing to 10 with the killing of Rosen-
thai. Assuming that this statement was
not privileged. 1t falls under the con-
demnation of the decisions as merely
tending to impeach or contradict IA wit
ness for the people.
mir. Mcintyre and Mr.. Manton make
affidavits to their not knowing at the
time of the last trial about the matters
detailed in the defendants statement.
The fatal fact is that the defendant him
self did know about them at and before
both of his trials.
Deputy Warden Johnson merely
swears to what occurred when he took
the affiant Murphy from prison to see
G Whitman and this is of no conse-
quence in the view | take OF the pro-
posed new evidence offered on his mo-
ton.
AS 10 ApelDaums aWuaNlt Wnlcn re-
lated the conversations W himself.
the defendant, Senator sullivan and
others. II contains nothing OF moment
which was not known TO the defendant
before his last trial. Furthermore he
inew that Apelbaum knew about those
conversations and he was available as a
witness. The law requires reasonable
diligence on the part OF the defendant In
producing evidence upon the trial.
Not only is the proffered evidence
open to the objection mentioned but II Il
for the most part cumulative and hence
insufficient by the express language OF
the statute people VS.. shea, l6 Macs,
I'D.
~ nm 81 opinion that when subjected
to the test Of the statute q the de.
cisions there Il moi enough competent
evidence pr0ffered 10 have changed the
result had IL been received upon the
trial.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29

Secretary BRYAN sent a commission
headed 10y eX-Gov. Fort of New Jersey 10
Haytl 10 treat with the situation. Just
had the Haytians on the point OF making
a treaty with the United States prov!d-
Ing ror the limited control o; Hiytian
finances as the price Of recognition by
the United states the French, German
aud Italian GoI e-nmcuts, acting to-
ge;her. suddenly recognized the HaytlIn
Government. merchants OF those nation
slities loaned the Government money
and the American proposals were thrown
aside. The commission ad nothing to
do but return home
Later Mr. Bryan sent Paul Fuller,
.fr.. to Hav'. or tho same purpose He
failed entirely and came home in favor
OF American intervention without fur
ther ado year ago NJ. Bryan became
dissatisfied w!'h the political sppo!ntoe
sent by the Wilson Administrator in
place ~ the experienced man who held
the Haytian pos, and dismissed him. In
his place Arthur Bailly- blanchard. one
OF the most experienced and capable
men ia the diplomatic service. was sent
to Iilyt, In the face ~ the repeated
commissions SEN from Washington.
however. he found II, impossible TO do
home He Is now on leave and II Is
thought likely that now that Mr.. Bryan
IL no longer Secretary of state Mr.,
Ia liz blanchard viii he restored to
duty,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
MARINES IN HAYTI;
PRESIDENT KILLED


tainly no violation OF the French Lega-
ticn.
Tho other instance when the United
States was caught mapping occurred at
Cape Haytien several weeks ago. There
was no naval vessel of even the gunbuat
class In Hayt!an waters when DR., Bobo.
leader OF yesterdays attack, made an
attack on Cape Hayden. The situation
was so menaclng that the commander OF
the French cruiser Describes, which was
IN the vicinity, landed marines. Thu
United States was thereupon Obliged
to assign Rear Admiral Caperton, then
at Vera Cruz, to hasten to Cape Haytien
to outrank the French captain and 70
place his marines with American ma
rines.
Yesterday evening Admiral Caperton
learned from Haytian sources OF the
trouble at port-au-prince. He at once
started for Port-au-princa and en-
ilu,e reported to the Navy Department
what he had heard. He said 1t was
his intention TO hand and protect foreign
life and property. This morning At the
reques, OF the state Department. the
Navy Department instructed the admiral
BY wireless to do precisely what he had
stated was his intention, and also gave
him authority 10 use his discretion as 10
additional measures.
The Navy Department has OF late
years frequently complained that II II
were to be called on for continual police
duty In the Caribbean II ought to be
supplied with the proper ships. The
naey Is very short OF such vessels and
as the Department Is always reluctant
10 take battlcships from fleet work to do
police duty tn the West Indies IL has
frequently happened. rs twice this sum
mer In Hayti, that no ships were at
hand when trouble began. =
The Hayt!an situation has been coins
RAPIDLY from bad to worse In the last
two years. President Wilson and Sec
rotary Bryan tried during that time
to get the Haytians to invite the United
States to take charge of the situation,
but successive revolutions and the skill
full manipulation of the antl-Amerlcan
issue by leaders in Hayti baked these
efforts.
The disordered state OF affairs and
the extreni,ies TO which the successive
governments were reduced lie last year
TO advances being made on behalf OF
Germany 10 get control OF the excel
lent harhur at Mole -. Nicholas, long
desired - a coalirE station. The United
States blocked that. and for q time the
Administration seriously considered TAX
Ing decisive action In Hayti. but gave up
the plan when the Navy Department re-
ported that 5000 marines would be
needed for adequate occupation. policing.
sanitation and rehabilitation Of the
country.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
R.por,. 3.6 st,II Missing.

The local office or the Western Electric
at is3 West street. gave u yes
terday a telegram from the chicago
which said that the Jays search
ing for bodies In the Eastlands hun
ended with 326 employees still missing.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29

The Western Union last night an
nounced
Owing 10 political troubles messages
to all parts of Hayti except CaIt, Hay
ten, Por~t-au-Prince and Mole st. Mich
olas should be accepted at ssnder's risk
I subject to heaYy delay"
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29

The Hayt.an President murdered to-
day Is the sixth that Hayti has had IN 4
little more han two years. only one
President Of Hast! has ever served 4
full term tho others have lhdI,Ited ~
have been mur.ercd ar poisoned or
blown up.
There has been continuous revolution In
the republic since President Wilson came
in. and despite his announcement In
March, 1913. that ne would not recognize
rcvulut.uary governments. he did reyog-
ni2o The first two in lIdyti.
Since then recognition has been
withheld in tire hope that the Iaytians
could thus be brought to appeal to the
United States .Or aid.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29

that their testimony might be used
against them in criminal proceedings.
Others, owners and Government inspec-
tors. have not been called.
The Coroner's inquest yesterday devel-
oped that the man who had charge OF
the Eastland's water ballast-the only
means OF balancing the boat When
crowded-had received only ten minutes
instruction in handling the tanks and
had been employed on the boat only
two days.
Knew Little About Tanks.
The witness to make this admission
was Fred u. Snow. third engineer. Snow
testified that he did not snow how much
water the tanks held. whether tney were
empty or half full the morning Of the
disaster or how large a seacock was
available for supplying water. The only
reason he could give for attempting TO
I'll only two ballast tanks on each side
when there we're ten taISt in all was
that the water pipe was not large
enough TO I'LL al of the tanks. He es-
capped By climbing up between the boilers
when the water began to pour into the
engine room.
Peter Erickson. an o.ler who had
charge of the DALLAS tan valves. testi-
Htu NldN TIE DOal udu llsbcN bdNis many
times before, but hal always been pre-
vented from going over by her tenders,
The Eastland's ballast tanks were tull
the night before the accident. he said, but
were emp,ied a. o O'Clock Saturday
morning before the crowd began COINS
sboard When he reported for duty he
sa.d the first thing he was told 10 do
WAS to empty -four ballast tanks.
Day One Of Funerals.
Chicago yesterday was a city OF
the dead. All day long funerals
wendell their way from stricken
hines in the western suburb.
where the majority Of the work
eis OF the Western Electric Company
we're employed, 4 crowded churches
and from churches to cemeteries. III
several blocks as many as twenty fune-
rails were held at the same time And
all the while from lowering skies rain
fell OIL ,he mourners. but so great Was
tE,ir grief hat they seemed not TO no
t.Cc the discomfort.
Documentary evidence from the offic:al
cove nment files Al Washington consist
Ing OF several hundred letters. inc!ud!n:
: g entire Government correspondents
with regards to the Eas,.ard, its inspec-
ton and the general inspection service of
this and adjacent districts. VAS received
to-day by Secretary of Commerce Red
field. II will be used IN the Federal IN
v~estigat,on OF the disaster. which VIZ
begin Tomorrow.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-29
M herent Power.

Upon the argument and In his men,
oranda counsel for the defendant in
vokes the inherent power II the court 10
grant a new trial. | cannot find any
where in the authorities even a sugges-
ton that this court possesses any such
power. On the contrary. as has been
pointed out. the power is granted by
statute and must be exercised In strict
compliance with II. people w. Court of
General Sessions, liz A d., i2i. af-
filmed ls5 y V. 50i). In that case Mr..
Justice Clarke said
"ln People vs., Glen GI3 y. Y,
$3.50 Judge Werner In discussing sec
tion 3l3 OF the Code OF Criminal Pro-
cedure regulating motions to set aside
indictments referred to the fact that
from time immemoriai common law
courts a quashed indictments on
motion for defects in form and other
irregularities. but added such
matters are now regulated by the
provisions of the Cod OF Criminal
Procedure. and however announcement
or ever oppressive they may appear
TO be in specific cases the courts must
apply them as best they can. for they
embody the commands OF the lay
maxim power In matters wherein it's
nat is supreme and final' We have,
then, the authority Of the Court of APP
peals that prior to the statute there
existed no power in the court to grant
n new trial on the merits after con-
viction OF a felony for any reason, and
that now the statute is imperative and
controlling on all matters OF criminal
procedure.
"Defendant's cousel cites the SpecIa
Term case Of People VS., Benham Gao
Misc, 456) as a precedent. But in tha,
case the evidence offered upon the mo.
ton for a new trial was actually newly
discovered in the sense that what il
tended 10 prove had never been men.
toned upon the trial. Here the facts
sought to be shown for the most par,
had been itigated and the proffered eyi.
denco is merely cumulative.