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New York Times Newspaper Archive: July 2, 1902 - Page 1

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   New York Times (Newspaper) - July 2, 1902, New York, New York                                 “All the News That's Fit to Print”  THE WEATHER.  Fair; winds north tp northwest.  VOL. LÍ....NO. 16.376.  NEW YORK. WEDNESDAY. JULY 2. 1902.-SIXTEEN PAGES.  IS CMCBESS aPJDIIBWS  The Senate, Dignified and Stately, Awaits the End.  t    •  Members of House In Chorus Sing “He’s a Jolly Good Fellow ” for the Speaker —Affectionate Greeting for Ex-Confederate.  Special to The New York Times. ^WASHINGTON. July l.-Quietly and Ian-guidly in the Senate the first session of the JHfty-seventh Congress came to a close •t 5:30 o’clock this afternoon, ending a full day with an hour of dignified waiting fi>r the end, without even the usual crowd Is the galleries. In the House everybody Was lively, and there was hardly a moment Ot the day when the occupants of the gal-leries did not find something worth seeing and hearing, and at the end the lib-prated servants of the people frolicked and skylarked like a pack of schoolboys at the beginning of vacation.  Outside of the agreements to conference reports nothing of great consequence was done in either body. When the Senate Convened some humorous comment was gccasioned among the spectators by the appearance of Senator Patterson on the floor with a long speech on the Philippine question. Mr. Patterson has talked more than any other Senator during the session, and yesterday people of sporting proclivities were offering bets that the last day qf the session wotfid not go by without a long speech from him. The conference reports on the Philippine and Naval Approbation bills were the important businesses, and they were passed without incident  At 3:10 in the afternoon the resolution to adjourn at 5:30 o’clock was passed. Some life was lent to the session after that by a tart debate provoked by a resolution of fered by Senator Carmack, providing that the Philippines Committee should go over to the Philippines during the recess of Congress and continue its inquiry there. What mads this Interesting was a speech made by Senator Spooner in his most character istic style. He prodded and tormented the Democrats, and when he had succeeded in provoking them to rise and interrupt him, be snarled and roared at them in such a pray as to completely disconcert them. Again and again the galleries laughed unrestrainedly as Mr. Spooner dragged a vic-1M& to the floor and then had fun with him.  THE LAST HALF HOUR.  Tbs last executive session began at 4:25 bnd lasted *!«ven minutes. By this time all the business had been cleared up. A recess was taken until 5 o’clock, and the crowds In the galleries swarmed over to the House $nd did not come back. At 5 o’clock President Frye took the chair again« It was a dismal sort of a half hour. Not more than twenty Senators were present, and, except tor the announcement of the passage of bills, no business was transacted.  Senators wandered around the chamber and talked to each other. An interesting feature of this dying hour of the session was a long and earnest conference, most friendly to all appearance, between the two Ohio Senators, Hanna and Foraker, a thing said to be without precedent. Hanna kept walking briskly about the chamber shaking hands with everybody and without his cane. There was not a trace of gout; he did not limp, and he seemed as happy as a boy over his recovery of his health.  ’ Postmaster General Payne .came In and held a sort of levee, everybody coming up to shake hands with him.  Senator Perkins made a complete tour of the chamber and left out nobody in his handshaking trip. Senator Cockrell, in accordance with his custom, presented a resolution of thanks to the presiding officer, to which Mr. Frye responded in a little speech, and then at 5:29—one minute Ahead of time—he declared the Senate ad* journed. Everybody who was still in the Chamber rushed out.  HOUSE S CLOSING HOURS.  Very different was the closing day in the House. Aside from the conference reports, the business of chief importance was the passing of the bill to promote the efficiency of the Marine Hospital Service And change its name to the Public Health and Marine Hospital Service. But tnere Were plenty of other bills, mostly of no Importance.  Mr. Sulaer, who has been unusually quiet dur^ig the session, had a chip on his shoul-  ONE CENT  the Capt. Christmas case had been put on the calendar, and Mr. Cousins insisted oh making a speech on it His speech was in ridicule of Mr. Richardson of Tennessee for having made the House investigate such a story as that of Christmas. With a beaming smile he heaped ridicule on Mr. Richardson for three-quarters of'an hour.  He gave a historical review of all the alchemists of the Middle Ages, giving a biography of every man who claimed to have found the philosopher’s stone or to have discovered the elixir of life, and after each brief biography he suggested that here light well enlist the at-of the gentleman from  Qgrapl  was a case wnicn might well enlist the at-  rg:  Tennessee. In his peroration he declared  tention and energy  that if all the absurdities and follies ever perpetrated by mankind were lost in the surging sea of oblivion, and some kindly wind caught Christmas’s yarn and wafted it to the shores of the future, it would be enough of itself to remain as a complete encyclopedia of human folly.  Mr. Richardson, who Is not-of a humorous cast of mind, got up and made a reply to Mr. Cousins which was not only profoundly serious, but rather heated. Mr. Richardson wanted to keep up the fight, but the Speaker cut him short, and after a little unimportant business he made his little speech, banged his gavel, and declared the House adjourned. It was 5:31 o’clock-one minute behind time.  SCENES A ITER ADJOURNMENT.  A moment after. Mr. Tawney of Minnesota began to sing " My Country, ’Tls of Thee.” immediately every voice in the hall caught it up. The Representatives sang it with a will. Just as the last line  im Greater IVew Verte. ) ri-.—____  JttMT Cltr Md inA, IrwS CEJrrk  GREAT Gin BUILDING FOR BRIDGE ENTRiNCE  —     r\  Rapid Transit Board Approves Engineer Parsons s Plan.  FINE VIEW THROUGH ARCH  Cars from Brooklyn to Run Underground to the Subway at a Central Station — Centre Street’s Future.  There was a glimpse into the future of the Greater New York yesterday afternoon, when at fhe special meeting of the Rapid Transit Commission at 320 Broadway the  CHASED BY PROCESS SERVER?  Futile Flight in Coach of Mrs. Frank Jonniaon with Her Littio Girl.  Shortly after 8 o’clock last night a handsome and stylishly dressed young woman was handed into a closed carriage in front of the Hotel Bingham, Ninety-fourth Street and Broadway, by a tall man with a light mustache."* A young woman apparently nurse was standing by holding a little girl by the hand. She quickly bundled the child Into the carriage after the woman, and, stepping in herself, was followed by the tall man. The door of the carriage had hardly closed when two young men dashed across the street and attempted to open the door.  ” Drive on there as fast as you can,” cdme a man’s voice from within the carriage, and the driver, whipping up his horses, the vehicle dashed down Broadway.  The young men ran across the street to where an electric vehicle was standing.  “Say there, cabby,” they shouted. ” follow that rig as fast as you can, and don’t lose sight of it.”  Then they jumped into the vehicle.  Putting on as much power as he could while still controlling the machine the chauffeur sped after the coach. Then fol-  had been sung the Speaker, leaning on his i report and plans of Chief Engineer Will- I lowed an exciting chase, and the two vehi  cane, walked down to the front of the House. Instantly Mr. Tawney, who, by th way, was the leader of the beet-sugar band which overthrew the Speaker a short time ago, started to run* down the aisle toward him, singing as he went ” For he’s a jolly good fellow.” Everybody took it up, and there was a wild rush for the Speaker. Mr. Tawney was the first to grasp his hand, and then eiiery man In the House filed past  iam Barclay Parsons were read. President . Orr presided, and the others present re Mayor Low, Commissioners John H. Starin, Charles Stewart Smith, Chief Engineer Parsons, Controller Grout, and Edward M. Shepard, and Albert B. Boardman, counsel for the Commissioners.  If Mr. Parsons's plans are carried out the unsightly bridge station will be removed and in its place there will rise a great  the Speaker, shaking his hand and singing building, to contain all the city offices.  For he’s a Jolly good fellow.” A dozen or so of the beet-sugar men, head* Hamilton of Michigan, did not move on, but clustered around the Speaker, leading the singing.  The last to come were a handful of ex-Confederate soldiers, and the speaker shouted " All join in * Dixie,’ boys.” He tried to start the song, but could not do it. and finally, as a practical illustration of what he meant, he threw his arms around  a one-armed Confederate { nal Courts Building. Briefly. Mr. Parsons’s  Gen. Hooker, from Mississippi, and hugged him till he j  nlj>n  lifted him off nls feet. The Representatives i cheered like mad.  After this Mr. Tawney led the singing in ” Old Black Joe,” " There’s a Hole in the Bottom of the Sea,” and ” Auld Lang Syne/’ and finally, turning toward the galleries, which were tiirouged with women  The idea to be embodied In its construction is that there is to be a great arch which will give a full view from City Hall Park of the bridge, its massive stone pillars, and curving cables. Close by will be the General Court House, the City Hall, the Hall of Records, and not far away, in Centre Street, the new City Prison and the Crimi-  Í8  they all rang “Goodnight, Ladies.”  Then shouts of What’s the matter w.’th Henderson? He’s all right,” began to be heard, indicating that the break-up was about to come. At this moment the occupants of the press gallery, directly over the Speaker's desk, rose as one man and sang Praise God, from Whom All Blessings Flow.” This not very complimentary tribute to the adjournment of Congress was listened to with laughing faces by the Congressmen, who applauded when it was over, waved their hands at the press gallery, and shouted ” Good-by, Boys.”  A lanky Texan, leaning over the presa gallery, called out to his friends down on the floor, ” And now git.” There was more applause and laughter from the floor, and then the Congressmen began to take his advice. But some of them still lingered about, unable to tear themselves away from the hall, and when everybody else had gone there was still a knot of Representatives there singing “Annie Laurie.”  CABINET TAKES UP THE CANAL  Decides to Refer the Matter of Title to the Attorney General.  WASHINGTON, July l.-The Cabinet was engaged to-day in the preparation of measures to carry out the terms of the Isthmian Canal law. The Government must determine the sufficiency of the title that can be conveyed to the’United States by the Panama Canal Company; a treaty must be negotiated with Colombia conferring the necessary rights, and a technical commls sion must be appointed to carry on the act ual work of construction.  It was decided to refer the matter of title to the Attorney General, and recourse may be had by the latter to the French courts to secure from some high tribunal a satisfactory affirmation of the sufficiency of title. The Attorney General may attempt, however, to secure from the French Government, directly through the Chamber of Deputies, some legislative declaration which shall effectually affirm the legality of the acquisition of the canal property by the United States.  There is some reason to believe that, while no formal assurances have passed, the French Government has managed to let it be known to the President that it is willing to do everything that Is necessary to quiet this quesion of title.  CEREAL PRICES GO SKYWARD.  July Corn Sells for 78 Cents, Wheat for 77%, and Oats for 50 in Chicago.  Special to The New York Times. CHICAGO, July 1.—July com sold at 78 cents to-day. Up almost 6 cents, down to starting point, and closing 1% cents higher —that was its record. The following table tells the story of the day’s cereal prices:  Closed    Top Closed  der to-day, and was extremely aggressive. He filibustered against the motion to adjourn at 5:30, which for some reason he wanted amended so as to set the adjournment for July 8. After he had exhausted every other means of delay, he rose to a Parliamentary inquiry. The Speaker, whose gavel had been so busy all day that his band was tired, lost his patience, and, with one mighty bang of his official weapon, he Shouted In a voice that seemed to rend the ceiling:  ” The Chair declines to recognize the gen-jtleman from New York. He is filibuster-I tog.”  Mr. Sslzer grinned happily, and sat down. The laat hour and a half of the session pas the liveliest of all, and the credit I therefor is due to Mr. Cousins of Iowa, who was pre-eminently the happiest man in the House. The report of the investigation in  INDEX TO DEPARTMENTS.  Itock* firm. Financial Markets.—Pages 10, and 12  LU. «  Iwhea  ¿heat, No. 2 red, 82%c; corn, No. 2 mixed, TUfrc: oats, N6. 2 mixed, 55%c; cotton, middling, 9%c; iron, Northern, No. 1  Щс  22 5C »age 12.  foundry;' *22.50; butter, Western creamery, 21c.—Pag  I Amüsements.—Page 0.    _  Arrivals at Hotels and Out-of-Town Buy ere.—Page в.  I Business Troubles.—Page 14.  >urt Calendars.—Page 15. il Notes.—Page 16.  Fire.—Page в  >sses by MÊ -  trine Intelligence and Forei  New^orporatlons.—Page 15. Railroads.—Page 5. >  Real Estate.—Page 14  Mails.—  Cereal.    Yesterday.    To-day. To-day.  July wheat...*....    .74«%    .77%    .75%  July com...........72%    .78    .74  July oats..........48%    .50    .48%  While the astounded brokers were yelling their heads off on the Board of Trade the price of corn began tumbling from 78. It went down with a thud to 74 cents—all because Harris, Gates & Co. brokers had sold. Down again, this time to 72% cents. That is where the skyrocket grain started in the morning.     x   Everybody breathed a little easier when that quotation was marked upon the board, but the relief was only temporary, for In a few minutes corn was again booming and sales were recorded at 7^ cents. Then it was 73, and as near as any one could tell the closing price for the wild day was 74 cents.  Meanwhile July wheat was having its own little game. From a close of 74% yesterday it shot up this morning and was elevated to 77%, whence It glided off unsteadily to a close of 75%, a gain of 1% cents for the day.  Oats might have attr&cted the crowd If there had not been bigger things doing near by, as the July price ascended from 4S% to 50 cents, closing at 48% cents.  St. Louis people led in the buying of wheat. It Was said that Kaufmann hacLqt last been forced to see the error of his bear ways by the lerrible soaking the harvest fields of the southwest have beeiv treated to.  Harris, Gates & Co. took all the contract corn offered to them this morning. There were about 2.500.000 bushels of this. This gave the John W. Gates crowd control of all but 1,000,000 bushels of the cash corn In sight of this big city.  to bring the bridge cars under ground on a level with the subway, so that there will be a great central underground station there, connecting with the new bridges. He estimates the cost at $2,700,000.  PLANS OF OTHER ENGINEERS.  Mr. Parsons calls attention to the reports of Messrs. Boiler, Prout, and Whinery under a previous Commissioner; C. C. Martin, Superintendent of the Brooklyn Bridge, and Bridge Commissioner Lindenthal. He says that the Suggestions of Mr. Martin are a modification of the report of the engineers. He says:  Mr. Martin’s plan proposes to carry the elevated tracks over Park Row to Centre Street, thence with four tracks along Centre Street to Walker, and thence along Centre to Grand, along Grand to Essex, and Essex to Delancey. to the terminus of Bridge No. 2. In connection with this line there is a projected Y branch, whose arms—one of which diverges at White Street and the other near Howard Street—converge into Canal and thence pass along Canal to Chrystie Street, where connection would be made with Bridge No. 3. Mr Lindenthal disapproved of this plan on the ground ” that a four-track elev- Led railroad ou Centre Street would needlessly ruin the coat!) and architecturally monumental city propert) on that street.” ,  Mr. Parsons outlines the plan of Commissioner Lindenthal, including tracks to be above those of the Manhattan tracks over Park Row and the Bowery to Delancey Street, and thence to the Williamsburg Bridge, and another elevated structure to run from Bridge No. 3 tp the Hudson River at West Street, this to pass over the Manhattan elevated lines r  where passengers could be transferred to the Manhattan system.  He partially approves of Mr. Martin’s plan, but mainly as to the route, saying that Centre Street would serve the public better than any other street. He calls attention to the millions spent by the city on its buildings on Centre Street, which will cause private owners on the street to build better and in harmony with the city’s structures, so that there will be a rapid and extensive building up of the thoroughfare.  If there should be an elevated four-track road; he says, the cars would run within twelve feet of the great municipal buildings and within a few fdet of private property, and he adds that Centre Street, instead of becoming a splendid thoroughfare, would be not much more than " a railroad yard.” Property would depreciate and the city lose in taxes and by claims for damages of property owners, instead of property enhancing in value and paying larger taxes, as he says it would under his plan.  Mr. Parsons’s plan is to begin at the Brooklyn Bridge anchorage, where there must be necessary changes in the masonry arch structure forming the approach to the bridge, and then to depress the bridge tracks to Park Row, bringing them under the street at a level with that of the subway. The gradient would be at the rate of 4.5 per cent., the present being 3.77 per cent. The total resistance of gradient and friction would be increased by both not exceeding 15 per cent. He says that the increase would in no way interfere with the operation of the cars.  Once under Park Row, the line may be made to curve to the north under private property between Park Row and Centre Street, and thence with four tracks to the point desired, where two or any number of tracks may be carried under Grand or Delancey Strejt to the Williamsburg Bridge. The needed arrangements there are not as difficult as at the Brooklyn Bridge. The approach to the Brooklyn Bridge can be had from several points, and that portion of the travel  .—Page 9. Service.—Page 3.  Society  United     Ä   Weather Report.—Page 8. Teaterday’s Fires.—Page 6.  New York to Colorado.  Only twb nights en route by the *' Colorado  ^clal.” Low excursion rates every day via cago & North-Western and Union Pacifio Rys. Offices 287 and 461 Broadway.—Adv.  4th of JnlT Excursion  to Mauch Chunk via New Jersey Central. Tickets *1.50. Special train at 8:30 A. M. from foot Albert? St. Switcbtack 50 cente extra.—Adv.  A eharming day and a charming way if your ticket ie via the Hudson River Day Line. Music. New landing West 129th St. 9:15 A. M.— Adv.  seeking it would be taken care of before the bridge is reached.  CLOSES NORTli WILLIAM STREET.  Mr. Parsons points out that the lowering of the tracks would make it necessary to close North William Street, which is but one block long. He says that the street could be connected with William Street by a roadway running parallel With the bridge. William Street would have to be lowered little between Duane Street and the bridge, but the property is mostly of junk shops and two warehouses. The expense would be small.  Returning to the plans offered by Mr. Martin, Mrv Parsons says that the former underestimated the cost, which he placed at *757,000 for construction, including the station, and *l,4o»,:>00 for damages to property, his total being $2,162,300. Mr. Parsons points out that Mr. Martin’s estimate is only 8 per cent, of the damages of elevated tracks to property, exclusive of that of the city. He says this would be enormous, the assessed valuation being $17,500,000. He continues:  Using the same unit prices as we are paying on the Rapid Transit Subway, and making generous allowances for contingencies and extras. I place the cost at $2,750,000.  Mr. Lindenthal recommends for the present the construction of additional loops at the Manhattan end of the Brooklyn Bridge, and suggests that on the completion of the two bridges now under construction the operation of trolley cars should be limited to the Brooklyn side, and that passengers be carried across  cles flying over the ground had many narrow escapes.  The chase fed to the West Forty-seventh Street Station, the young woman picked up ♦he child in her arms and ran into the’Sergeant’s room. There she sank down into a chair, and clasping the child tighter In her arms called out:  “ Oh, save her* Please save her! They are trying to kidnap my darling!  Just as she was speaking the two young men entered the station house, and one of them running over to the rail tried to get Inside. He had some papers in his hand and he called out:  I am a process server, and I want to serve this woman with these papers.”  “ This woman has separated from her husband, and refuses to let him see the child. 1 have an order here from the Supreme Court compelling her to produce the child in court, and all I want to do is to serve the papers.”  The woman told Sergt. Farrell tha.t she was Mrs. Elizabeth D. Jennison, and that she resided at the Hotel Bingham. The child with her was her five-year-old daugh-:er Alice. The tall gentleman said he was eorge H. Massey of 1,271 Broadway, rooklyn, and represented the law firm of Handy, Foody & Shipman, 7 Wall Street, ttorneys for Mrs. Jennison.  The two young men gave their names s Louis D. Hart, a clerk in the 6ffice of 'ardozo & Nathan, 128 Broadway, attor-leys for Frank E. Jennison, a broker, who ives at the University Club; and Richard '. Dunn of 345 West Forty-seventh Street, process server.  After taking the names Sergt. Farrell lirected the doorman to direct Mrs. Jenni-lon and her party to their carriage and hey drove away, Mrs. Jennison hugging the little girl tightly to her breast.  When they had left Dunn told about the exciting chase down the Bouleygrd and of the difficulties he had had in serving the papers on Mrs. Jennison.  ” Some time ago,” explained Dunn, ” Mrs. Jennison and her husband separated, he retaining possession of the child. I do not knew what the differences were between them. About two weeks ago Mrs. Jennison kidnapped the child and took her to the Hotel Bingham. Then Mr. Jennison. through his attorneys, got a writ of habeas corpus from the Supreme Court compell ing her to produce the child in court on July 3. We were afraid that she would try and take the child out of town and out of the State before the papers could be served, and Hart and myself have been watching her hotel for several days. Once or twice I had almost placed the papers in her hands when she eluded me. She is a very clever woman.”  Although Mrs. Jennison said in the station house that she lived at the Hotel Bingharfl. and Dunn and his companion said they had chased the coach from in front of the hotel, the clerk who was on duty at that hotel last night declared that Mrs. Jennison had not lived there for three weeks, although she had been in the hotel and in the neighborhood frequently.  She had formerly lived at the Alclyde Apartment House, Ninety-fourth Street and Central Park West, but it was said there last night that she was not there, and had not been there In some time. At the Clare mont. One Hundred and Twenty-third Street and Riverside Drive, where she once made her home, it was said that Mrs. Jennison had not been seen there in some time.  Frank E. Jennison is a member of the firm of Dunscomb A Jennison, brokers, at 2 Wall Street. He and Miss Elizabeth Dudley of Kentucky were married in 1896 About a year ago they separated, the wife suing for a separation a few months ago She obtained an order of court for *50 a week alimony. Since the separation and the institution of her suit, Mrs. Jennison has retained possession of the child, Alice. The father was allowed to see the child a short time each week. By adroit tactics Jennison secured possession of the child and left the city about the 15th of June last. On June 20 Mrs. Jennison kidnapped the child from her husband at The Held House, at Indian Harbor, near Greenwich, Conn.  Mrs. Jennison came to this city, and has successfully eluded all efforts on the part of her husband to regain possession of the child so far.  Where she went last night after leaving the West Forty-seventh Street Police Station could not be learned. She refused to say anvthing as to her destination, and up to midnight Mr. Jennison was not to be found at the University Club.  STEEL TflliST PURSUER IS FRUNCIS 0. CHALET  Wall Street’s Meteoric Broker Drops Into Litigation.  It Is a Relative of His Typewriter Who Wants New Jersey Courts to Restrain the Trust's Big Conver-' sion Plan.  f the attitude of the Standard Oil Company was the appearance of Mr. McCarter as counsel for Mrs. Berger. In many cases Mr. McCarter had appeared in court for the oil trust  On June 16 Vice Chancellor Emory grant  THE JENNISON KIDNAPPING.  Coatinved o> Page 2.  Foarth of July Excursion Tickets  via Lackawanna Railroad to Delaware Water Gap and Pocono Mountains at one fare for round trip. Sold July 3 and 4. good to July 7. Special train leave* New York July 3 at 2 P. M.—Adv.  The New Yorker  of this week will contain Interesting stories of Bohemian days of Hon. W. Bourke Cockran. For sals at all newsstands to-day.—Adv.  Gov. Odell Asked to Sign a Requisition —Those Implicated May Be Arrested.  Special to The New York Times.  GREENWICH, Conn.. July 1.—Mr: and Mrs. E. H. Massey and Mrs. Jennison are to be arrested by the Greenwich authorities •for the kidnapping of Mrs. Jennison’s child Alice, provided Gov. Odell will sign a requisition from Gov. McLean asking for the delivery of the parties into the hands of Sheriff William E. Ritch. Sheriff Ritch went to Albany to-day and saw the Governor, but Mrs. Massey’s lawyers had served notice on Gov. Odell that In cue a requisition was asked for they wished to be heard, and a hearing has been set for Thursday morning at Albany at 10 o’clock.  After the kidnapping Mr. Jennison remained. in Greenwich and. conferred with Prosecuting Attorney James F. Walsh. Affidavits were taken from Mr. Jennison, his secretary, Robert Gibbons; the child’s nurse, Elln Seholm, and Mollie Kelley, Annie Eacrett, and Mary O’Connor, waitresses and cook respectively. These affidavits were afterward given lo State Attorney Fessenden, in Stamford, and yesterday the request was made to Gov. McLean for the requisition.  This was an unusual proceeding, arrests generally being made previous to requisition. The action of Mrs. Massey was expected by the Connecticut officials, and ■ed to sh * allowed.  they are prepared to show why the requisition should be all  Coolest Restaurant in Town.  Heaiy’s, Columbus Av. and 66th St. Finest s la carte service. Choice Wines. Music.—Adv.  Improved strvice via Rutland Railroad. Four trains dally to Vermont, three to Montreal, ** Across the Islands of Lake Champlain.” Descriptive pamphlet, four cents, 369 Bros way, New York —Adv.  Wall Street has been wondering for a month who was really behind the suit brought in New Jersey in the name of Mrs. Miriam Berger to prevent the United States Steel Corporation from retiring its 7 per cent, preferred stock and issuing therefor 5 per cent, bonds to the amount of *200,-000,000. The man back of the suit is Francis D. Carley, whose meteoric financial career is; a matter of familiar history in the Street.  Mrs. Berger, whose home is in Sullivan County, this State, is the sister of Mr. Carley*s stenographer. She owns some steel stock, bought on Mr. Carley’s advice, and Mf. Carley says that the books of the trust will show that she has owned it a long time, not having acquired it especially to qualify for bringing this suit. Mr. Carley’s wife also owns stock, a good quantity of it, and her husband felt himself sufficiently aggrieved to incite some one to go Into court lo seek protection.  The case, having been appealed, Is now In the hands of New Jersey’s highest tribunal, the Court of Errors and Appeals. When it was begun there had been already half a dozen or more complaints, and a Judge of the United States Circuit Court In New York had refused to grant a temporary injunction on an application similar to that of Mrs. Berger.  Once upon a time Mr. Carley was connected with the Standard Oil Company, and In view of the fact the Standard Oil 'Company has been regarded by Wall Street ! gossips as a bitter opponent of all the \Morgan interests It was surmised from the first by those who were familiar with Wall Street doings that perhaps the oil magnates were behind this suit. The men associated with John D. Rockefeller In the oil Industry had been persistent bears on the stock market—so the same gossips have insisted—and thus It was urged that this was another effort to Injure rival financiers. The scheme to retire the preferred stock and issue bonds was recognized as “a Morgan plan.” »The filing of the suit and the persistency with which it was pressed were taken as Indicating that there was a fight within the Steel Trust Itself between the Morgan interests and the Standard Oil people.  This, now, Mr. Carley declares to be an absurd view. He himself calls attention to the fact that the shares owned by John D. Rockefeller and held In the name of a clerk were among those voting for the conversion plan. Not one of the Standard Oil men, he adds, knew anything about his, Carley’s, connection with this Injunction case until day before yesterday.  " I advised Mrs. Berger,” Mr. Carley said yesterday. “ Naturally I would have done so. Her relative has been my stenographer  for some time.  •• As to the merits of the ease of those  who object to the cpqverslon plan,” continued Mr. Carley.» “ it is just this, in a nutshell: The officials of the United States Steel Corporation, by proposing to ret’ra the preferred stock and issue the bond.-, declare that the trust Is so well organized that It cannot fall. Those who feel as ^rs. Berger does argue that, although the corporation Is the finest one ever organized from a standpoint of self-protection, no man nor set of men have a right to prophesy that circumstances will not arise to cause even the strongest organization to  get Into trouble.  ” Suppose the trouble should come. There  would be this great additional fixed charge of the bonds to carry during the period of financial reverse. That, of course, would make the trouble more serious. On the preferred stock there would be no interest to pay during such a period, for the Directors simply would rtop paying. On the bonds they would be obliged to pay.  ” That was the way I looked at it. I did not know until the other, day that the trust’s officials have had their bonds printed so as to provide that a lapse of the payment of Interest on the bonds for two years can exist without giving holders a right to foreclose. This provision, of course, lessens the chances of the corporation’s losing by reason of the bonds if any financial difficulty arises.”  Mr. Carley says he Is willing to admit, having talked over the subject recently with the lawyers for the trust, that there is little hope of Mrs. Berger’s winning her case.  The complaints against the issue of the 5 per cent, bonds and the retirement of the preferred stock beggn in May, after the Directors had determined on the conversion In accordance with the vote of a strong majority of the stockholders. The case brought in this city was that of the C. H. Vedder Company and James Pollitz against the trust. The plaintiffs owned 700 shares of stock. They contended that the Ney Jersey law allowing the conversion was contrary to the Constitution of the United States in that It impaired the obligation of contract.  At the instance of Stetson, Jennings & Russell, counsel for the trust, the case was transferred to the United States Circuit Court from the State Supreme Court, and on June 9 Judge Lacombe declined to grant the injunction asked for.  On the same day Vice Chancellor Emery of New Jersey granted a temporary Injunction on the application made by Lawyer tt. H. McCarter for Mrs. Berger. Three days later R. V. Lindabury, representing the trust, filed an answer denying that it was the intention of the Directors to convert the new bonds into common stock in any way whatever, and claiming that the corporation was acting entirely within the law in carrying out the conversion plan.  Another fact that made speculation as to  ed an Injunction restraining the trust from issuing tne bonds and retiring the preferred stockT An appeal was taken by the trust ten days afterward to the Court of Errors and Appeals, which now, as stated, has the case under consideration. When the appeaL was presented Mr. Lindabury argued fof the trust. William D. Guthrie, Victor Mo-rawetz, and Francis Lynde 8tetson were also In court, but could not personally argue, as the new rule in New Jersey does not permit a New York lawyer to plead there. They submitted briefs, however.  STEEL TRUST’S APPEAL  A 8peedy Decision Expected from the Court of Errors.  TRENTON, N. J., July l.-The members  of the Court of Errors and Appeals have  been called together for a conference .on  Monday next. They will then consider the  case argued last week In which the United  States Steel Corporation sought to have  the order restraining it from retiring some  of its stock and Issuing bonds Instead set &sid6*  It is thought the decision will be announced almost Immediately after the conference.  DISBROW ARRAIGNED,  PLEADS NOT GUILTY.  Warrant Chargee Murder in the Fii*t Degree—He Show« No Sign of Recognizing Mrs. Clarence Foster.  SOUTHAMPTON, L I., July l.-With a plea of not guilty entered for him, Louis Dlsbrow this afternoon went back to spend his second night in the county Jail at River-head. The actual proceedings to-day did not take fifteen minutes. Dlsbrow uttered not one word, all the talking on his behalf being done by his counsel, Rowland Miles.  With the Sheriff and his counsel. Dlsbrow was driven in a carriage from the county jail at Quegue, where the train was in waiting. It would have been just as near to have driven from Riverhead to Good Ground as to take the train, but it was decided to disappoint the crowd which had gathered there.  Dlsbrow sat next to the window with his counsel beside him and the Sheriff in the seat behind. As the train was pulling into Good Ground Mr. Miles whispered something to Dlsbrow and In apparent response Dlsbrow pulled down the curtain. This caused the crowd at Good Ground to loose a sight of the young man. Mrs. Foster, the young widow of Clarence Foster, who sat almost opposite, but to whom Dlsbrow showed no sign of recognition at any time during the day, also pulled down the shade on her side of the car.  On reaching the station here a few minutes before noon, Dlsbrow and his escort were hastily bundled Into stages. Then at a rapid pace the cavalcade drove up Main Street and past the Post Office building, on the second floor of which is located the little village courtroom, in which Justice Edward H. Foster presides.  Dlsbrow entered the courtroom a few minutes after 1 o’clock, and Justice Foster at once read the warrant, which is as follows:  Fannie G. Foster, residing in the town ot Southampton. County of Suffolk. State of New lork, came before me. Edward H. Foster. Esq., u Justice of the Peace in Southampton. County of Suffolk, who, being sworn, deposes and al leges on oath as follows:  That Louis A. Disbrow, on the 10th day of June, 1002, between the hours of 2 and 5 o'clock in the forenoon of said day. did commit the crime of murder in the first degree by feloniously, willfully, and intentionally, and from, premed itated and deliberated design to effect the death of «'larenee Foster and Sarah Lawrence bj striking and beating them and throwing them into Tlana Bay at Good Ground, aforesaid.  Therefore, your informant prays that the depositions by this informant and Nelson Squires. Annie R. Pearsall, Willis Wells, and William Walton, witnesses, may be reduced to writing and duly subscribe«!, and that a warrant issue for the arrest of said accused, and that he be dealt with in pursuance to the provision of the Code of Criminal Procedure.  Mr. Miles entered appearance as counsel for the prisoner, adding; “ And I now enter’ a plea of not guilty on behalf of the accused.”  An adjournment until to-morrow morning at Good Ground was then taken.  \\ hile subpoenas for witnesses were being made out, Disbrow stood close to his counsel in the midst of a group of men and was clearly nervous. Seeing this, Sheriff Wells took him from the room and together they went for a drive along the shores of the lake. This consumed the time until Mr. Miles and Mr. Lynch were ready to accompany them oack to Riverhead.  John M. Burke’s Great Gift of Millions for Charity.  PLACED IN TRUSTEES’ HANDS  Ex-Mayor Hewitt, Edward M. Shepard, Frank K. Sturgia, and William Hubbard White to Administer the Fund.  It the history of New York’s philanthropists could be written to-day, John M. Burke, a retired merchant of 18 West For-tv-seventh Street, would be enrolled as the giver of the largest amount ever donated for the betterment of men and women who are unable to support themselves by reason of sickness of misfortune. After seeking for years the best method ot doing good with his great fortune, he transferred to four! trustees yesterday afternoon the sum of *4,000,000, the bulk of his wealth.  The trustees are^SX-Mayor Abram S. Hewitt, EdwardXM. Shepard, Frank K. Sturgis, and William Hubbard White. All New Yorkers know Mr. Hewitt as a municipal reformer, philanthropist, and financier; Mr. Shepard as a lawyer and as the unsuccessful Democratic candidate for Mayor V>f New York last Fall; Mr. Sturgia« as a banker and Director of numerous corporations. Mr. White was an inhabitant of California, where he made a large fortune, until a few years ago, when he came East and made his home in Cold Spring! Harbor, L. I.  As stated In a description of the gift dictated yesterday by Mr. Hewitt, the four millions are for ** the relief of worthy men and women, who, notwithstanding their willingness to support themselves, have become partly or wholly unable to do so by reason of sickness or misfortune, or who have been discharged from hospitals before regaining sufficient strength to assume their regular employments.” This is the general plan. The details have not been determined exactly as yet. but Mr. Hewitt’s statement gave a good idea of what they would be.  MR. BURKE LITTLE KNOWN.  BALTIMORE ELECTRIC DEAL.  Carlsbad Sprnde! Salt cleanses the system. purifies the blood, and aids the organs. USE NONE but the genuine imported.—Adv.  Low Rate to Denver. Colorado Springe or Pneblo* $48.76  for the round trip, via Pennsylvania Railroad. Tickets sold July 10 to 12.—Adv.  Long Island Railroad—6 Hoara to Bloelc  Island. See Excursion Column.—Adv.  Entire Trolley System in the City and Its Suburbs to Run by Power from the Susquefawna River.  Special to The New-York Times.  BALTIMORE. July 1,—The entire system of electric railways in this city and its suburbs is to be operated by power furnished by immense hydraulic and electric works on the Susquehanna River, run on the Niagara plan.  A deal which has been pending for over a year was closed to-day. It involves the United Electric Light and Power Company and also the Mount Washington Electric Light Company. A syndicate. In which it is said New York as well as 'Philadelphia and Baltimore capital is interested, has been organized, under the financial direction of the Continental Trust Company of Baltimore, to absorb the light and power companies - and develop the Susquehanna plant. A contract has been signed between the Continental Trust Company and the railway company under which the latter  is to receive the power for operating its lines from the Susquehanna Company.  The price paid by the syndicate for the two lighting and power companies is about $5>00,uuo. It Is said that the Susquehanna Company will have three plants of 40,000 horse-power each. The deal between the Continental Company and the United Railways assures the completion of the great works and the further development of a plan to furnish light and power to a number of Maryland towns as well as electric railway connections between several of them and Baltimore.  In financial circles it is believed that the syndicate will ultimately control electric  Eower and lighting in Baltimore. It will e some time, however, before the works will be constructed.  The Will of Mrs. Mary Moore.  Special to The New York Times.  BALLSTON. N. Y., July 1.—The will of Mrs. Mary Moore, wloow of Dr. Le”erett Moore, has been admitted to probate. The will disposes of an estate valued at *121,-000. Among the legatees are Cora, Countess of Strafford; Mrs. Alfred Kessler, Andrew W. and Sidney J. Smith of New York City.  Barnett'* Cocaine allays all irritation of the scalp, and prevents the hair from falling out. —Adv.,  $36.60 to Minneapolis and Return  Via Pennsylvania Railroad, account annual meeting National Educational Association. Tickets on sale July 4 to 6.—Adv.  Niagara Falla and Back. $9.  via Lackawanna Railroad. Tickets sold July 3d and 4th, good to return until July 6th.— Adv.  When the announcement of the gift was made the striking feature of the matter seemed to be the fact that the donor's name was unfamiliar to those who knew who were the most prominent and the wealthiest financiers of the city. Mr. Burke s name appeared In few of the biographical books relating to New Yorkers. The facts about him in those few were meagre.  It was learned that he was a retired mer-) chant. For forty years he has lived In j West Forty-seventh Street, and during half that time he has not been engaged actively in business. His money was made in trading with the West Indies and South America, and the amount he is giving away while it is the larger part of what he possesses, is by no means all. He has no near relatives. Except for his conspicuous modesty, he Is not eccentric. He lives in a brownstone-front house that seems better fitted to a man with an income of from *5,00u to *10,000 than to a millionaire.  The place of his birth was 1 William Street, not twenty paces from the site on which Delmonico's down-town restaurant now stands. His family had lived in New York for a long time, but was of good Irish i extraction. His exact age was not to be learned last night, as he himself wa3 unwell and could not see reporters, but it was stated by those connected with the corporation in charge of the trust fund that he was born about eighty-five years ago. II© is a bachelor, entertains tfery rarely, strolls in Fifth Avenue almost daily, keeps no carriage, and has as his only companions two middle-aged women, one of them a housekeeper and ’fhe other an assistant manager of the residence.  While he was making his fortune Mr. Burke traveled extensively in the South American countries, where he had business. Among his associates he was known always as a man of economical habits, but not a miser. For a great many years he has been doing good with his money quietly, answering arpenls for charity and disbursing in this way a suni that is said to have amounted to thousands of dollars.  The corporation formed to administer the *4.000,000 Is called the Winifred Mas-terson Burke • Relief Foundation. The papers of incorporation have been filed in Albany. It was the wish of the donor that the management of the money be private, but the trustees would not take the responsibility of caring for so great an amount without the legal steps needed to make the matter entirely public.  Winifred Masterson Burke was Mr. Burke’s mother. She died about thirty years ago. The idea of giving away the greater par^ of his fortune had been considered by him for a long time, but It was only about a year ago that he thought of the definite plan of transferring so large an amount at once and making the gift a memorial to his mother. His first act after conceiving this plan was to consult with his old friend, William Hubbard White.  After they had talked the matter over I Mr. Sturgis, another friend, wafe called in for his opinion. Then Mr. Hewitt’s aid wasi enlisted, and it Is said that the details of the plan finally adopted were furnished! mostly by him.  The papers of incorporation having been] filed, a mee$bg was held yesterday afternoon In the oWice of Frederick H. Denman I of 170 Broadway, counsel for Mr. Burke and for the new organization. Messrs. Burke. Hewitt, Shepard, and White were present. Mr. Sturgis, the only absentee,! was at his home In Lenox, Mass.  THE MILLIONS TRANSFERRED.  The property andtrailroad securities^mak-j Ing up the *4,000,^№. were formally Trans-I ferred. Most of the real estate is in thisl city, but there Is much in Mount Vernon,] New Jersey, and Minnesota. The railroad] securities are mostly those of Western! lines.  Among the piots of land is Included the] one in West One Hundred and Fifty-sixth Street, where Mr. Burke's Slimmer home ini situated. Most of the philanthropist s hold-j ings of stocks are in corporations outside! of New York, but his name appears In the! directory of Directors as that of a Director]   

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