davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1921-01-18
LAST OF MALBONE
WRECK CASES DEAD
Further Prosecution of b. T.
Officials and Men Vain,
Lewis Asserts.
WITNESSES ARE BLAMED
Color or withhold mfOrma-
ton in Tragedy Costing
the Lives of 100.

Prosecution in the cases of the officials
and employees Of the Brooklyn hapid
Transit Company who were indicted IN
1918, following the wreck os Brighton
Beach train in the Malbone street tun-
mel, ended for good yestorday when Su-
preme Court Justice Lazansky, sitting at
Mineola. dismissed such indictments
against them as have not yet been tried
Justice I.azansgy ncted on motion OF
District Attorney Harry q. Lewis of
Kings county.
Mr.. Lewis presented an affidavit in
which '1e set forth that after the trial
of several of the indictments and the
attempt to marshal evidence to support
the others. he had reached the con-
clusion that the number of Il. II. L. en-
ployees on whom he would have to rely
as witnesses would make IL impossible
for hi INTO obtain convictions. The
deaths of nearly 100 persons and the
injury of scores of others resulted from
the AIalbone street wreck, and all the
indictments found were for man
slaughter.
MANY important witnesses for the
"are connected with the railroad COM
pany or with one of its allied companies
and by reason thereof they have either
withheld important information or col
ored facts which they have disclosed
Some of the witnesses on the stand de-
cared themselves unable to remember
facts favorable to the people, but did
remember facts favorable to the defence,
sometimes testifying after a lapse OF a
year concerning facts to which they had
not testified before the Grand Jury. al
though specifically interrogated in re-
gard thereto by me.
II deem 1t a practical impossibility
to secure convictions on the trial of
the other indictments. Therefore ! can
find no excuse for 'incurring the very
great expense that would be involved
in such trial
The wreck in the Malbone street tun-
mel of the Brighton Beach line occurred
on November 2, 1918. and followed a
strike ultimatum delivered the previous
day by the motormen of the b. II. T.
system. Edward Lewis. the motorman
of the wrecked train, disappeared after
the wreck and reappeared only after
am indictment had been found against
him. He was train dispatcher who
had been pressed into service as a
motorman to take the place OF a striker
The New York herald., 1921-01-18
MORE FUNDS ALLOWED
LEBAUDY'S DAUGHTER
Mother Permitted to Expend
$4,000 for Education.

Permission was given by Surrogate
Leon ID. Howell of Nassau county yes
terday TO Mrs. Marguerite Lebaudy,
who shot and killed her husband,
Jacques Lebaudy, on the night of Janu-
airy IL. 1919. TO eXpend $1,000 month
from the income of her daughter, Jacque-
line. for the proper rearing of tie girl,
and $4,000 from the Lebaudy estate
for repairs to the Lebaudy home in
Westbury.
In her petition Mrs. Lebaudy says
that the increased allowance is to enable
her daughter who is 1G years old, to
be properly educated and move in the
circles for which she.is fitted by wealth
and station. She also says that she
found it necessary to install a heating
plant and other improvements at the
Westbury home, pay back taxes and
purchase an automobile for the girls use.
The New York herald., 1921-01-18
VANDERBILT NOW OWNS
A COMPLETE VILLAGE
Buys Last Half a House From,
Sparta Saloonist.

Frank a. Vanderlip succeeded yester-
day in purchasing the half house which
Nick Sellazzo owned In the village of
Sparta, near Scarborough. and the
banker is now sol~, owner Of all land
and property in the village. Some time
ago he purchased half of Nicks house
from Sellazzo's partner. but Nick was
doing very well with his saloon and
restaurant in the other half and refused
to sell. No Information regarding the
price was given out. but IL is known
that Sellazzo refused 10 sell until Mr..
Nanderlip offered 10 purchase all the
other property that the saloon man held
in the vicinity, including some land near
Sing Sing prison.
The principal reason that Mr. Van
derlip decided to buy out the village OF
Sparta was that Sellazzo's saloon was n
sort OF eycsore to the community. Tho
banker said yesterday that Nick's saloon
would be closed at once. and that from
now on the village would be bone dry.
The New York herald., 1921-01-18
LAWS FORCE LEAVES
ON THE MODERN EYES
Pittsburg Pastor Sees LoWer-
ing of Moral Standards,

Special Despatch 10 THE NEW YORK HERALD.
PIrTsBURG. Jan. III believe Eve
possessed a sense of modesty that would
put TO shame many OF our young woman
of to-day" said the Rev. r. Emory
Beetham in his talk to-day in Oakland
Methodist Episcopal Church on the re-
cent crime wave.
"She looked about for leaves with
which TO cover her nakcdness. If II We're
not for our laws. some OF these same
young women hardly would look for
leaves"
Many instances of the covering of
moral standards throughout the country
were quoted by the preacher. among
which was the recent Leonard Mitchell
bout held in New York under the leader
ship of prominent society women. Mr..
Beetham deplored the fact that the wom-
en- of to-day have descended to the level
of the brute in sponsoring an exhibition
of this nature.
The New York herald., 1921-01-18
NORTHWEST GALE
SWEEPS OVER CITY
81 Mile an Hour Wind Shakes
Skyscrapers for Five Min
ute Interval.
CT SITS INJURE
Temperatures Around 10 De-
grees Likely To-day, Weather
Bureau Forecast.

A blast OF hurricane force from the
frosty northwest smote the town yester-
day. creating January record for speed
in the five minutes ending at 10 80
O'Clock in the morning. when it roared
at the rate Of eighty-four miles an hour.
The tall towers of the city seemed to vi
brate under the unwonted force, as some
mechanical experts declare they do.
After the supreme five minute screech
tho northwester was wild in spurts only.
But nearly all through the daylight
hours il never fell below forty miles and
sometimes shot up into the seventies.
The Weather Bureau measures winds
that are considered worth recording only
If they keep up the speed five minutes.
Yesterdays figures are not the record
for fierce blasts Back in 1912. on Wash
ingtons birthday, an unbeatable south
wester sent the thermometer cups scoot-
ing around at ninety-siX miles and for
one minute of this period the rate was
10 miles. Likewise yesterdays blast
had a part of a minute in which the ma
chine registered about ninety miles.
II was these heavy gusts of super
force that made some of the city's most
famous corners hard to negotiate. At
one of these stormy capes. Seventh ave.
nue. and Thirty-third street, two women,
with the disadvantage of greater sail
area than the men. We're injured One.
Mrs. Ellen Kohn. who lives in the Hotel
Pennsylvania, was blown down. rescued
by the police and taken to the hotel
suffering from bruises and shock The
other Miss Angelina Cunningham. was
Iau# i,tI ,1,1tn md n
ceived contusions.
Many other women were toppled over
by gusts, a large number of plate glass
windows smashed and many signs blown
down. In the wooded parts of the bor-
oughs ard the parks trees were torn up
and limbs broken by the score In the
lcvel, open spaces of Long Island the
gale velocities were unusually high. At
FONT Lookout and Jones Beach the
wind scooped up sand, sending it in
clouds to the southeast, so dense some
times that they obscured the sun.
Many big ships. already belated oy
other fierce gales that piled UP OBJ
structlng seas were unable TO dock yes
terday as their shippers had expected
before meeting the superblow. The
Cunarder Imperator, from Southampton.
was forced to slow down, did not reach
Quarantine until late in the afternoon
and could not dock because OF un-
favoring tide She will come up this
morning.
The Weather Bureau suspects that
the winter. thus far quite mild Will
he on the job in earnest this morning.
when temperature of about 10 above
is expected to nip the blossoms that the
optimistic foretellers Of vernal weather
have been discovering in New Jersey
and elsewhere. The cause of the great
blow was the passage up the St Law
renee valley from the lake region of a
cyclone. or low pressure area. of un-
usual intensity. Into the NAV of this
disturbance zero airs from the North
west and West were drawn. The cold
wave may last several days.
The New York herald., 1921-01-18
WOMAN SUED FOR RENT
HELPED BY LANDLORDS
Justice Chips In, Too, When
Collection Is Taken.

Landlords We'd with each other in Part
H. of the Second District Municipal
Court, The Bronx. yesterday to help
Mrs. John Justus of 496 East 174th
street. who had told Justice Harry Ro-
bitzek that she was the mother of eight
children and was unable to pay her rent
because her husband. n mechanic. had
been out OF work until last Monday and
then was forced TO return at a 10 per
cent. reduction in wages.
Morris Polsky. n landlord of 1881 Full
ton avenue, asked permission to take up
a collection for Mrs. Justus. Justice
Robitzek consented and started II with
IS. Polsky gave n similar amount and
when the hat had been passed around
1t was found TO contain $61.75. Mrs.
Justus owed her landlord $3S. The S23.75
over and above the amount collected
was deposited with the court clerk. TO
be held by him for any future needy
case. Mrs. Justus and six Of her chill
dren left the court smiling
The New York herald., 1921-01-18
TWIN BEDS FORCING
DOUBLE ONES OUT
Manufacturers Don't KnoW
Why, but It's So.

Special Despatch to THE New YORK HERALD
CHICAGO, Jan. 17.-You may never be-
lieve it, but the demand for mattresses
for twin beds Is something terrific.
All of which was gathered from re-
marks made at the convention OF the
National Association Of Bedding Manu-
facturers. which opened to-day.
There's no doubt about it," a. j.
Logan of Pittsburg, president. declared.
1--WE are forced to make more mattresses
for twin beds than ever before The
old fashionedsfull size bed IL rapidly be-
coming archaic. 7 can't say just how
il started. II has sprung up within
the last few years. But the fad is with
us now and there's no getting away
from il"
Mr.. Logan also reveals another in
teresting fact. There is such thing as
style" in mattresses and pillows.
The New York herald., 1921-01-18
WOMAN STILL MISSING
FROM MT. VERNON HOME
Police FoIioW Clue That
Leads to Boston.

The police of Mount Vernon have
found no trace of Mrs Richard b.
Berentsen. wife. of the sales manager OF
the Alexander Smith & Sons Carpet
Company of Yonkers. who disappeared
from her home, in 259 Primrose avenue,
Mount Vernon, on Saturday night. Chief
OF Police George Atwill put bloodhounds
on her scent yesterday, but the trail was
so cold that the dogs failed to pick
il up.
Chief Atwill said last night that he
had received information during the
day which leads him to believe the miss
ing woman may have gone to Boston to
see her two children, who are staying
with her husbands sister there. A
woman answering her description was
seen walking along Grand street toward
the East River wharf of the Boston
boats, and, although this clue is slight,
Chief Atwill has wired to Boston and
asked the police there to watch incom-
ing boats
The New York herald., 1921-01-18
TWO CONVICTS GUILTY
OF FLEEING SING SING
Keeper They Sandbagged Is
Almost Blind From Injuries.

Harry Stivers and Marcus Bassett
were tried yesterday before Judge Frank
j. Young in the Westchester County
Court at White Plains on indictments
charging them with having escaped frc m
Sing Sing Prison on October 16. They
were found guilty after seven minutes
deliberation by the jury. and will be SEN
fenced on Friday.
Stivers and Bassett made their escape
from the prison after sandbagging
Keeper Peter Coughlin. who is almost
blind as n result OF his injuries. and were
recaptured in the mountains of Neg'
Hampshire after a chase across several
States. Three other indictments In con-
nection with their escape are pending
against the men. and II they are
convicted ON all 100 years may be
added to their respective sentences.
Stivers already is serving a life sentence
for murder. and Bassett had but one
month more TO serve when he escaped.
The New York herald., 1921-01-18
FIRE MENACE CHARGED.
Complaint Entered Against Build
ing Owned by John WhaIen.

John =. Leo. Street Cleaning Commits
soner. made n request yesterday to
Magistrate Cobb. sitting in the Municipal
Term of the Magistrates Court. TO issue
All order to vacate against the building
at 165 West 155th street. which is under
lease to James A. Coughlin and is owned
by John Whalen, former Corporation
Counsel
Mr.. Leo said the building is being
used as n garage and said that an in
spection made Saturday showed fourteen
automobiles stocked with gasolene were
being stored in the building. This. he
said, Is violation of law in that the
building was erected under permit as
a -fireproof storage building. Ad-
joining the building Is Public School 46.
in which there are 5000 children. Use
of the building as n garage is serious
fire hazard, Mr. Leo charged.
The New York herald., 1921-01-18
SHELTERS DEFY WINTER
ON JERSEY MEADOWS
Hockensock Citizens Shocked
by Discovery.

Citizens OF Hackensack shivere1 in
anticipatory horror yesterday when they
learned that a member of the Bergen
County Mosquito determination Com
mission had discovered ssrnc mosquito
wrigRlers in n shallow we'll in the Hack
ensack meadows.
The wrigglers were taken TO the Hack
ensack office OF the commission and
Matched. revealing the fact that they
were real mosquitoes.
All the oldest inhabitants said Il was
the first time they had heard of mos
quitoes breeding in upland sections dur
ing the winter
The New York herald., 1921-01-18
HALSEY LEFT $1,S51,166.
BibliophiIc Sold Library for $3.50.
600 Three Years before Death.

Frederick II. Haley noted biblophle.
left an estate appraised at si,S51 .166
gross and si,7s4,243 net In the report
filed yesterday In the Hall of Records by
the State Comptroller.
Mr. Harley collected books and rare
printc for thirty years. He was a
trustee Of the Public Library and cna;r-
man Of the committee on prints at the
time OF his death in his home at sci
Park avenue IN September 1918. Three
years prior TO his death his library of
10000 volumes, rich in first editions Of
American authors was sold TO George D.
Smith for S150.000 and added to the
great collection OF Henry Il. Huntington
IN 1917 and 1918 Mr. IIalsey's collection
~ prints was sold through the Anderson
Galleries.
His cousin Ada Cowcn. OF go Park
avenue az rcsiduary lcgatee, received
s1,754,ci3 Of his estate
The New York herald., 1921-01-18
FEARED TOOTH PULLING
MORE THAN FIRE PERIL
Baltimore Man Was Afraid of
His NerUe.

Special Dcspatoh 10 THE New YORK HERALD.
BALTIMORE, Jan. IA patient sat
in the chair OF Dr. VI. :. George. dem
tist. 400 Grecnmount avenue. carly to-
day. \ local anaesthetic had been
administered. DR.. George was holding
his forceps when suddenly came the
clang OF IRE engines In the street and
cries Of "aro" through the building
The patient turned to the dentist
Fire or no fire." he said. pun that
tooth, Doc. If I ever get out OF here
I'll mover be able 10 get nerve enough
to come back"
Tho dentist pulled the tooth.
The New York herald., 1921-01-18
MAYOR SAYS HELLOP
IN REPORTERS ROOM
Hyian Sets Foot There First
Time in Three Years.

For the first tino in the three years
since he took office, Mayor Hylan last
night set foot In the reporters room OF
city Hall lie made his appearance un-
hcralded. said Hello 90 TO everybody and
departed. leaving no word of explanation
for his sudden display Of affection.
Preliminary TO his general greeting
tho Mayor singled out one reporter and
said II just had TO see YOU before I
went home" Surmlsing that the Mayor
hau something specific in mind. the re-
porter followed the Mayor TO the door
as he started 10 his waiting limousine
When Il appeared. however. that after
rll the citys chief executive had Moth
ing particular in mind the reporter ven
turcd n question:
as lt true that Commissioner gnright
mas resignedY'
Now, now" said the Mayor, II like
yop'Tbut don't ask me such questions"
The New York herald., 1921-01-18
SENATOR USED ROWBOAT
TO REACH AMERICA
Mccormick Set Ashore From
Imperotor in His Haste.

Senator Medil Mccormick of Illinois
left the steamship Imperator at Quar-
antine last night and was set ashore
from rowboat M Rosebank. Staten
Island. from the revenue cutter Hudson.
Tho Senator. who told the port authorf-
ties that he had urgent business In
Washington. had considerable difficulty
in getting ashore. and was not given
permission until he had communicated
with Deputy Collector Stuart In Man
haitian.
The trip from the ship to the pier was
q cold one. and Senator Mccormick was
compelled to wait for some time before
he could engage a taxicab to take him
20 the ferry terminals. lie refused 70
comment on politics. The Senator has
spent tho last nine weeks IN Europe
The New York herald., 1921-01-18
STATE FIGHTS COUNTY
FOR SLIPPERY CONVICT
He Escaped TWice From Pen.
itentiary by Bribery.

JACKSON. Miss, Jan. 17.-Gov. Russell
wants another try at keeping r, t.
Goldsby a negro convict from Nicks-
burg, safe" iE the penitentiary.
The state started habeas corpus pro-
ceedings to-day to extract the prisoner
from the Warren county jail. Goldsby's
present residence after two flights. said
to have been arranged by bribery, from
the state prison. one of them to Canada.
Warren county officials spent $4,000
10 get him back, and refused to sur
render him TO the State last time. igur-
ing he would be "safe" and less eX-
pensive TO them in the county Jail.
The New York herald., 1921-01-18
M'NULTY'S STILL MADE
HIM MOS'AFFECTIONATE'
1t Was Kick of Stuff That
She Didn't Like.

Special Despatch to THE NEW York HERALD.
CHICAGO Jan. 17.--Airs. Mary Nc
Nulty of the stock yards district, ap-
peared ut the Englewood police station
this morning. Her eyes were red
trimmed. but her jaw was set.
TITS William" she complained. Hes
n still in tn basement an mash an
everything. 'Tis not that I mind tn
STILL but tn kick o. the stuff knocks him
silly. An he's made a lot av it since
prohibition came in"
The police went with her. They .found
the still. They also found william
stretched out on the floor, likewise still.
They turned him over to Commissioner
Mason. who set his bonds at $1,000.
Did you beat her up after you'd
taken the stuff" he was asked.
NO" was the mournful reply. "Th'
hooch made me mos affectionate, mos
affectionate."
The New York herald., 1921-01-18
EXCITED MAN, ROBBED,
LOCKED UP AS DRUNK
ThieUes Get AUay Before Po-
lice DISCOVER Mistake.

Special Despatch to THE NEW YORK IIrRLD.
BUFFALO, Jan. 17.-When Joseph
Hofer. proprietor of a soft drink estab-
lishmenr in Washington street. dashed
into a police station this morning and
shouted TO the sergeant that two men
had robbed him of $4,000 worth Of
jewelry and $50 in currency the police
locked him up on the charge of intoxica-
tion
70 developed that tho robbery story
was true. and now detectives from the
station are scurrying around the city
trying to round up the robbers, who es-
capped. Hofer explained that he was not
drunk but only excited over his expe-
rionro
The New York herald., 1921-01-18
SOUSA IN CLOSE RACE
AS TRAPSHOT VIRTUOSO
Ties His Rival and Is NoU
Shooting a Rubber.

Srocidl Despatch to THE NEW YORK HERALD.
f'INEHURsT. Jan. 17.--John Philip
Sousa ana Isaac Andrews, a South
Carolina capitalist are doing their best
to down each other at the midwinter
trapshooting tournament Mr. Andrews
won fifty-three cigars from Mr. Sousa
and the latter won fifty-swo from Mr..
Andrews. as the net result of 1O5
tournament duels in which they INDUCED
up 10 the end of 1920. but Mr. Sous.
won at Camden last week and evened
the score.
To-day's 100 targets marked the be-
ginning of the rubber, so to speak, and
Mr.. Andrews drew first blood, with III
breaks, against III for his musical op-
ponent.
The New York herald., 1921-01-18
PATIENT crrs ow~ THROAT.

Believed to have grown dc-pondent IN
The belief that be would never recover
from paralysis Of his left side. Alexander
Sallnsky. ji Of fo3 East seventeenth
street committed suicide last night TN
wash room Of tho Metropolitan Hospi-
tai with his well right arm he cut
his throat
The New York herald., 1921-01-18
JUSTICE roMPKrNs WILL HELr.

Supreme Court Justice Arthur :.
Tompkins was designated yesterday by
Presiding Justice John Proctor Clarke
Of the Appellate Division 20 sit ia Cen
eral Sessions and assist In speeding ny
the calendars on which approximately
1,S00 cases are scheduled. This tenn
porary measure followed request from
the Judges Of the Court OF General Scs-
sions There Is ono vacancy caused by
the resignation OF Judge William H.
Wadhams
The New York herald., 1921-01-18
On Leave when Flight Began.

Capt. Cummings explained that he
signed the orders for Kloor, the pilot
on December 9. and for the two passen-
gers on December Q. the trio waiting for
favorable conditions" before executing
them. He himself was on leave from
December IL to Is.
On the morning of the flight Lieut.
Harry 7. Stevens, Astrological officer
testified he told Lieut.. Kloor, after MAX
ing observations. that IF he rose to
2.0C0 feet he would strike a due south
eriy wind, which would Increase in
strength. and that If he stayed up over
night he would land in Canada in the
morning" II was not until several
hours after the balloon left. Lieut.
Stevens testified, that warning was re-
ceived from the Weather Bureau ot the
storm that drove the balloon as far
north as Moose Factory.
Capt. Cummings testified that Cup to
the time this flight became a question
of interest" he left control of fight
activities to his executive officer, Lieu
tenant Commander Archibald II. Doug
las, who preceded him as station COM
mander. and who was "thoroughy fa-
miliar with the fight activities of the
station" Mr.. Douglas has since been
relieved and assigned as executive officer
of vessel of the Pacific fleet. he testi-
fed.
The New York herald., 1921-01-18
FLIGHT OF BALLOON
VIOLATED NAVY LAW
First Day of Inquiry Shows
That Order Permitted Only
Local Trip.
CON MMANDER TESTIFIES
Declares He Has Corrected
Loose Methods in Vogue
When Flight Started.

The first day Of the formal inquiry
ordered by Secretary Daniels into the
flight to Canada and subsequent loss OF
the Navy free balloon A-599s developed
yesterday this fact-that at the time the
present commanding officer. Capt. Damon
t. Cummings, u. s. ~, took charge on
November 23. the situation at the naval
air station was one in which the com
manding officer rather kept track OF
what the men did than directed what
should go on
So busy was he trying TO straighten
out administrative affairs. Capt Cum
mings testified, that he had not yet had
chance TO look into the practices of
free balloon work. as carried on at the
station when the now famous flight
began on December 49, At the exact
moment of taking off. he said, neither
he nor the officer in charge OF lighter
than-air work was on the station.
Capt. Cummings read & letter OF the
bureau of naval operations outlining the
departments general policy with regard
to aircraft which showed the COM
mander of a station like Rockaway,
which is attached to q naval district
has authority to order only 'local
flights" These were defined as flights
beginning and ending at the same sta
ton and neither landing anywhere nor
going outside the district of which the
station is a part He testified to signing
orders authorizing the flight of the
A-599s, which consequently permitted
only n local flight