TrrtnsDAr DECEMBER it 1002

Rain or snow today fair and much colder

YOU LIXNO 115 NEW YORK THURSDAY DECEMBER 25 1902e T M on t n a prini na d p w PRICE TWO CENTS

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LAURA BIGGAR ACQUITTED

DVT nn IIEXDRICK An JlSTICKS1ATO ARK GUILTY

Jury Aeqiilli Her of foniplracy to et thertrtoae r Old Man Hmnrtt by Meantff an Alleged Marrlaco and Birth butConvloU the Men Indicted With Her

FitBTHOLD N J Dec 2 I ura BIggarthe actress U Innocent and Dr Charles CHtn1ricc and J not Ice of tie Peace Samuel

who with hor wereconspiracy are guilty according to ihoremarkable verdict of the jury this after-noon after almost twentyfour hours of

deliberation1 After tb flrat two or three minutes ofhy t rlcs on the port of women Internfed In the ease had paused public intoon In Mis Blggar and her ICPS fortunateaiAoclstos wa transferred to tho twelve

They had neglected duringbut after tho vtrdict they were the

whole how and all Freehold wanted to BOO

and hoar them sn vxk Some perno curious as to ask one juror-

to explain how they had done It and yelledliter theta In the street

Say Aaron hold on there was one hallWho had that baby anyhowt

you get a marriage conspiracy without awomin

Mot of the jurors live In township outaid of Freehold and friends and acquaint-ances here offered to see that thoy got onthe right trains and to the conductorsto put them off at the station

To show what a remarkable verdict thisreally Is thu main facts of the case shouldbo recalled Laura Blggar who livedwith the late Henry M Bennett for the

five years preceding hU death lastwas a beneficiary under hU wilt

to the extent of 00 per cent of tho entireShe was to receive that 60 per cent

end of flvo years In the meantime-hewas to receive 1800 a year from tho

estate She not only made no objection-to the will at the but over the sig-

nature Laura flied a petition forthe probate of the will Subsequently hoaffirmed at a session of the Orphansthat she was not Laura Biggar butBennett the widow of Henry M Bennettand the mother of a posthumous child byhim Under the law aftertim death of ltd would Inheritregardless of any actress furttar uaclarod that her posthumous childbad died eleven thy after birth and thataba aa the childs heir should Inherit thewhoi of the Bennett estate

The three main points in Miss Blggarstory were corroborated by Samuel Stan-ton a Hobok n Justice of the Peace andDr C Hendrick proprietor of a

Bayonne Stanton sworothat he married Laura Blggar and HenryM on Jan 2 1S99 Dr Hendrlok

child was born and hisanitarlum Laura Biggar also totb marriage and to the birth and death of

abo swore that a certificate oftn alleged marriage wan th original cer

filled out by him and given toon the night of the ceremony-

In 18W It was afterward proved thatrt blank on which the certificate wee madeout waa not printed until 1000 The

ae hung on that tact when the State ofNew Jervey cmicerl the arrest of lAuraMggar Hendrick and StanUm on the chargeof conspiring to a marriageand birth to tho r Bennettheir for the benefit of th Bigger woman

are the Jurors who found the vei

Jamea ofEdwards H berts Atlantic Highlands

UpperEdwin Aabury Park

F Morris ranchCo

James J Hurkalow Frrnbold-Km ron Baird Dalrdtown-Elsworth Brown ManalipanAll of the were asked what

rocew of reasoning they had arrived atnone would

of them refused to say anything andall to foreman

James King of Marlboro If Foremancould the puzzle he wouldnt

Juror Brown of made the

1 know I aint well educated but-I know whats right and wliata wrongW argued all Soon aswe got and overheated wod JUtshut up for a while and sit till

was calm Then argue It alland we kept on that way till

got a verdict vote was toconvict all three and Ix to acquit all three-It was that way all night we fromthe Then It wan of us toalt for a while and nine to convict theand let the woman Then by gollywe our verdict withfor and against tho mon

Another statement was Wellwe thought that vordlct would be more

was If sympathyfor this lucky one of the threewas a woman had anything to do with theverdict

Oh no our oaths wouldntlet us have any sympathy for any one

Didwas asked because he swore to the mar

4 Mf9lOf oourae not said Robinson for that

would make tho woman tooStantona sole connection with the case

waa with reference to the alleged marriageOn Juror wee asked what Hendrick-mmiltyof He didnt seem to know

court to uk Judge forInstruction wanted to know

if they could convict two of thotho third The told them

renr explicitly in his chorea yesterdaythat do that e

repeated ida instructions on thatretired for another

When care in for advliw from theeverybody naturally took It for

wereone of the men and the general opin-

ion was that Stanton wa toman Dr Hendrlcks wife thought so toofor she exclaimed I knew it my OodtI knew and then tainted onco more Incourt MU who baa of

sense also took It for granted thatmen wu to and the

Jury would come in later end declare horShe as antonUhod as

else whoa the twelve menreport

and Mrs Hondrlok were

Trlinpki or IB02-Sfldam If ever In toy our year of the hlttnrr of thnword have to many Imponsni vnt of unlvct il-taMteM taken America England U rm ny-

Md h va parilclpated The IluldnilSlates and rntrrtalnrd-

M R H Prince Henry at Pru ln at the Vblle-KUwira M crownrd Ulnir ol

ror of India tbe llcrmnn Int-xror bad HU American tulll Ytcfit lltti rchrUtmed France bad the unvrlllni of llio Ho-

aambcau ntatue and at l unction attcndlncI-H M el bMtlon Molt i Ctiampmno-

waa Thli anMtt record nnlcn U proof ot thItorllr aixl rcuuwntJ of

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having dinner In tlm jail with lleudrlukBiiuiion wlmn thoy won puniinoned

at 130 oclock this afternoon to hear theverdict

Foreman KhiR announced It to a crowdedcourt Cork Caihion thoughtthat have misunderstoodwkod King to repeat Tim foreman againsaid they Iliggar not guiltyand on and llcmlrlck guilty

Tho roll was o ilt vl anti his nswcWu tIe verdict

Thorn nro some voimm hero who believe-in Laura Thoy hnvo sent herflowers letters in which theywere praying for her acquittal

tho verdict was MrsHiiidrlck shrinked and fell to tho floorin a swoon Her husband her and

back 10 with StantonNeither of stopped to congratulateMiss Mrs Ilcndrlck con-gratulated her

Afer recovering from her swoon Mmhor nriii about the freud

wormn ml slid0h ir Benncttl Im o glad for you

But children My God my childrenI dnnt ciro for mywlf-

Tliiii Mrs insln andMl b fore could catch herShe moments and thenrrturncd to the jell with Misswhom tho two women resumed their In

moid with tho convicted menSentence will IKJ pronounced until

Jan 2 In tInt forthe defence will He a writ of error whichwill act us a pending nn appeal to timSupreme Court IH

1000 fine or three yours Imprisonment orboth

Mlw will spend Christmas ntFreehold

I lmv nowhero else to she wildI have no platte for tho future

My who were responsible forthis of conspiracy ftj sunceeded in that bolongto me-

MU t may return to the stagellendrlltTliU verdict of course wont Htand

and It wont anybody Thesons responsible for ease agAinst udont m orThey dont care whether we are In jail orout They wanted to put Mrs Bennettout way no that they could liarmoney Iwen nt thir owngame She wilt gt her money and well

et out of hero as Mon as SuprcinuCourt n chancu nt this ridiculousverdict

VAXDEllttILT DISCRIMIXATEIt-

W IC Jr Fitted IIU filfts to the Seed ofThote Who Heeelved Thrin-

LITTLR Sacs flee 24 The childrenof the Little Xock public school tU after-noon received tho gifts provided for themby William K Vanderbilt Jr Tho exer-cises vrero held In lie room t

tho school nnd were attended by a largonumber of mot hern nnd friends of thochildren Miss Annn Belt ofthe school was in charge

In one corner of the n cmbly room wana big fhtlMtnas tree which reached to thocelling and which had been rut in thowoods a Dtvpdide Mrtwtntc at SUTWS Lnlio

Mr Vanderbilt did not content himselfwith making presents of candy Ire creamand cake He had personally learned thoconditions of pupils

Tho pour fellows who came fromthe clamment iomcs on t ho shore receivedwarm nulls of clothe rubber heavywoollen sweaters and Thegina from tho received warmdr se caps and bonnets

Tho sons of tho welltodo farmer re-

ceived air guns skates sleds and hockeyoutfits

When the entertainment was over manyof the older porhons praised thu good judg-ment of Mr Vanderbilt In providing warmclothing for o many of whohave to walk far to tho schoolhouse In allkinds of weather

TO ROIl iiAitnisnxS GRAVE rIndianapolis Police et a Letter Telling

of an Alleged IMot

INDIANAPOLIS Dec 24 In a letter received today by the Police Superintendent-a btory of a plot to rob the grave of formerPresident Benjamin Harrison was givenby a man named Wallace Hlmms anti the

are now looking for the writer andInvestigate tho Tho letter

nays that Kufus has long leda desperate gang of andwho Is now under Indictment for stealingn largo number of bodies was to rob timgrave of tho exPresident and convey thobody to tho office of u local physician-

A rumor of theft wiia thru to be put Incirculation and after it was confirmed bythe opening of the grave it was supposedthnt a reward would bo offered by thofamily for tho body Vnintltno It was to-

I bo placed In n physicians office and afterthe reward wan was to be taken-to tho country and found by Control whowould then claim tho inward

The letter refers to several circumstancesregarding tho funeral of Mr Harrisonthat shows that ho U fully acquainted withthe site of the grave anti the steps attending-the burial anti ho fays that ho thwartedthe plotters by going to the grate himselfand placing tho ghoul mark upon Itnail when Cantrel afterward vUlted thograve and found tho mark ho dill not daroopen tho grave

MiDXtGiiT nuTTenderloin llwrno Nc rehln the see

rento at iao TtiU MorningThe occupants of the Sorrento apart-

ment house at I3 Madison avenue wereawakened at 1 oclock this morning by aburgUr hunt In which all thu Tenderloindetectives and reserves wero engaged

A Mr Groan the secretary of a dotorwhose offlon Is In tho awakenedat 1230 oclock hn a burglar gettin in at hU window Green got up nndthe burrslnr left tho window and startedheck un or down on th1 fire reonjO

The house was soon in an uproar Anelevator boy thought ho saw tho burglar onthe fire escape at the rljth llocr

Joe Weber the actor com In while thewas on He called tlm detectives

to search hU rooms Tho goingthrough the apartment otherhouses on the block at J30 oclock thismorning

IlUro on a Mcatrilitp IlerThree alarms of fire wore turned In for

tho Ocean Steamship Companys pierNorth lllvnr shortly before 10 oclock lastnight Tho fire occurred on tho secondfloor front where the offices aro loomedTho Jlrtfbont Nnw Yoikur which respondedon tha fist alarm four strentn on

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InTnlan Kra l lee ill Mtrrtt laarntlAccuracy and roiii lrtrnrM tbr natcworili

puWUhtn Dew JOur Co Adt

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JURY ACQUITTED MOWHAN-

JEKOUK II OVT TltV TKXnERLCASKS IIEFORK A JURY

Office Hasnt Much of Criminaltomlrtloni or on the Proleetlon Count Take Km to Head

and Flro Km Ont Ii Easier

EiPollce Captain Daniel C Sloynllian wasacquitted at 525 oclock yesterday afternoon

a jury In the Criminal Branch of thoSupreme Court of tho charge of briber-yI taking 25 protection monoy for thodisorderly house in Kant 110th street runjy Antonio Import and Frank PagllatioWhen Moynlhan was arrested n monthngo he raid he would beat the case andhe did

Tho jury was out about three hoursOn tho flint ballot It divided 0 to 6-

UK then It wont out and had lunch aridreturnod After two hours had passedthe largo crowd of policemen and othersinterested In MoynHums case were sure ofa disagreement

When tho foreman of the Jury announcedto Justice Davy that the jury had acquittedMoynlhan tho excaptain put his headdown on his hands and began to weepMagistrate Pool who Is a member of theIx yal Legion to which Moynihan alsobUngs throve hU arms about Moynilmnnod Moynilmn returned tho embraceThey each others backs for some-time time the Magistrate gotthrough embracing thin expolice captaina room full of Moynlhons friends

to wish him a Merry ChristmasMoynlhon when asked what had to sayabout verdict replied

Ive got nothing to Im going toeat my Christmas dinner at homo a Iexpected to Theyve got nothingmo if they hov I want thlm to bring it upWhin the jury was out more than two

I became a bit doubtful but I gotmo nerve agin and now Im going

It was rumored tint there were othercharges against Moynihan that would bepressuM but Assistant District AttorneyMorgan said ho knew of none NIts all-

over hn saidTho ease grow Indirectly out of the arrest

of Policeman Beadlo of tho West Thirtyeventh street station for extorting money

from a woman who kept a freoandoasyflat Tho woiun made charges againstieadle who Is now In Sing Sing and against

tpt Hajgheys wardman Monroe Rjcnfold IloFonfeld got to making confessions-and thin Moynlhan case was built out ofhis revelations and subpanas were sentto La port I Pagllano nnd Frank Ualmoncloa street clennlng employee and tho selfconfessed collector for Moynlhan Theywere unwilllnss witnesses and were turnedInto a together to decide whether ornot tell nil they knew to thoDistrict Attorney They decided to tell

While they were making their decisionwhat they said In Italian was overheardby dlmunttlve Jimmy Brandl an Italianclerk In the District Attorneys office whohid in a closet Ills report ScLurman was so satisfactory that it was decidedto prosecute Moynlhan-

Moynlhan produced ono alibi witnesscalled a friend naned Hart who sworethit Sergt Itoltfert a witnesS for tho

had spoken of the case as a policejob to do Moynlhan and disposed of someapparently damaging testimony with carnest denials seasoned by flashes of lushwit

I At the District Attorneys office It waswild after the was evidentthat there little chance of convictions-of policemen In the trials at the criminal

upon any charge concerning the pass-Ing of or ofIn not closing up disorderly

It Is a year of

District n socalledomnibus Indictment Mr Jerome saidthat that decision delivered the policeforce Into his hands Since thenHerllhy has been tried twice for of

at street and Policeman Kanebeen tried once for helping a ncresa sailor In a saloon

and the juries have disagreed-and Moynihan e n Mr

decided not toof tho cases of the Tenderloin police In-

dicted a for neglect inregard to Laura disorderly house

street exceptHeadquarters on

said oneof the statutory assistants while thowaa out would be a final and knockoutblow to any remaining hrpi of prosecuting

courts anythingless than capital crime

FUXKttAL RIOT CIARIK FAIL

Partridge Acquits Impeetor Cross andapt Hcrllity and AlberUun

PoUco Commissioner Partridge gave outdecision yesterday afternoon In the cases

of Inspector Adam A Cross Capt John DHerlihy and Ccipt Charles A Albert oncharged with nrgltct of duty on tho occa-sion of Side losttiitiuner during the fuuorul of Rabbi JosephAll wtio acquitted of the charge

fho ComnilscionerH dUpoeal of each ofthe charges as followa

Having maturely considered the evidenceadduced I fInd that It does not sustain thocharge and that tho defendant IsComplaint Is dlgmlssod

The charges against CrossAll rtson were preferred at the request ofMayor Low who appointed a committee toInvestigate the Rabbi Joseph riot Twodays after tho committee reported theMayor wrote to Commissioner Partridgethat he had Instructed the CorporationCounsel to prepnro charges against the Insx cti r and directing the Commissioner tojtrcparo charges agalnct the two captainsalso

ALDKIWAXS 4H 11ROKKX

Car Illls the SIftzsrr Was InTtironii Asilint a Post

Alderman Charles Metzgor of 353 WritFortysecond street was thrown from aagon in a collision with a trolley car at

Fortyfirst street and Sixth avenue yester-day afternoon His jawbone was broken

Mr Motzget had been at an auction redoby Floyd Grant Co of which ho is a m m

going home In tho auctioneersWUROII to see that thu furniture which hohad bought was safely delivered AH tho

I wagon was crossing Sixth avenue at Fortyflint street It was run down by a northLuuid car

Iho Alderman was thrown against on-eicvnted railroad nnd picked

unconscious WUllitnidriver was also knocked ofi arid got severalbad bruises and cuts

Mr Metzgwr was taken Into a storeand revived and being attended

ambulance was taken homeKckort watt eared fur at tho Flower Hos-pital end ho was thou taken home

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MHS ROOSEVELTS iHESEXTThe Ladles of the Cabinet Hill Give Her a

Uolit Purse Net With DiamondsWASHINGTON Dec 21 Mrs Roosevelts

most prized gift tomorrow morning willbe that presented by the women of thoCabinet Tho greatest possiblehas l een observed In guarding the natureof tho gift which will be u perfect surpriseto her It U a gold purse of superb work-

manship set with diamonds and sapphiresIt Is Inscribed on tho outside Theo-

dore Roosevelt and on tho Inside Fromthe Ladles of the Cabinet Dec 25 1002

The purse happens to bo just the thingall others which Mrs Roosevelt

tho mot Mm Hay selected Itduring one of her recent visits to NowYork and had a beautiful white box es-

pecially mao for Itwhat Roosevelt has selected

for tho women of the Cabinet will notknown until tomorrow hut for eachhas chosen a most beautiful souvenir oftier reign as Tho First Ijuly of tho Land

MRS MKIXLWS CHRISTMAS

Nhe Will Take Dinner Away From Homelint Time Sluice She Became a Widow

CANTON Ohio Dec 21 For several daysnumerous have been received byMrs Christina roinembroncca She likewise has sent nu-

merous tokens to friends Many of herjuwnlle favorites In ClevelandWashington York willget shippers rondo by her own hands

Tomorrow Mrs McKinley will takeChristians dinner with her sister Mrs MC Barber who at the old SaxtonThe gathering will bo of only tho twolies This will bo the first holiday dinnerthat Mrs McKinley lias taken away fromhomo since her death havingrefused all previous invitations of relativesand friends

Ariidy from tho gathering at the Barberhome McKInley wilt mako her ac-

uuitomed daily vlUt to tho vult whererest the renutitw of her husband She

allowed to enter tho vault and remainabout fifteen minutes Title dailyto the tomb has so much aher life that It omitted no matter

the weather

TIlE PRESIDKTS HOLIDAYS

lie Will Transact Only the ImportantPublic lltislnrat

WASHINGTON Dec 54 President Roose-velt will spend the holiday season with hitsfamily transacting only Importantpublic receiving only a fewcallers In the week Christmasand Sow Years Tho President does notexpect to go to his office at all tomorrow-In the morning he and the members of hisfamily all of whom are now in Washing-ton will exchange Christmas gifts in thelibrary but there will be no Christmastree at the White Later they willgo to the residence anti Mm CowlesIn N street fur luncheon In tho afternoon-the President and Mrs Roosevelt will godriving or riding

Dinner will bo nerved In tho state diningroom of the White Christmas even-Ing and a number will bo entertulued

As many of tho White House employeesns can be spared from their duties will beallowed to spend Christmas Day In theirhomes Each of them received a gift of aturkey from tho President today

The President Mrs Roosevelt and GenJeoniud Wood went for a horseback ridetills morning and the President received

a during the day lAteIn the afternoon he the delegates-to the fraternity of

who are their conventionIn Washington Shortly after 1030 thePresident and accompanied

ion Wood left the acarriage and wore driven to Georgetownwhere awaited themInto tho country northwest of Washington-and did not return to theuntil 280 oclock

PttESIDEXT ROOSEVELT USEDnut lie Sent a CTirrk to rove School that

Helped to Make Lp for Ills Abtenee-Or Tin BAT L I flee 24 For tho

recond time In fifteen yeses Theodoredid not today act as Krbw

atKrln-gleat

the Cove school where the of-

the Present attended until transportedto Washington by their fathers elevationto the Presidency Last yeir tho Presi-

dent so nowly como to his high officethnt he trot spare the time to comehero nnd this year events aropressing him too hard to admit of corning

Instead however ho sent a lIttle clipof paper some days ago which enabledthe principal MIss Samh Provost to dealtnoro with bur charges thanhad ever been before The sleds andgamon and dolls were more thinover before and the candies more elaborateand In greater TIters weretwo trees of one snd Miss Provost

a letter from President Hoowivolttelling tho boys and girls how sorry hewas ho not

A CHRISTMAS PfVVER

Sfioat Causes Amusement and ftome Ttfp-Id at Ion In a Dridge Car

Throe men one carrying a small pigwider his coat caused a lot of amusementfor the passengers on a Bridge oar goingover to Brooklyn about 7 oclock lust ulghtWhen the oar was near the Brooklyn sidetho pig became unmanageable jumpedout of the mans hands and got Into a cor-

ner of the car and began to Onewoman near tim dour wits acase oj wad dog and stood up on thescat calling to tho conductor to thedoor and let the animal run taut Whenthu train reached tho Brooklyn side the

ownerturkey for

I a Christmas dinner captured It

MUST DK PROSPERITY

Never Before Were No Many fondles orThings ParrIed Item

were there ao Christ-mas eve bundles carried home nightaccording to policemen who keep the rushhour wedges moving straight The crowdthat went across the Brooklyn Bridge raeone long continuous procession of bundle

Thin mart or women or childwithout or nt onepackage In the Ion

anything but prosperitynald tho nt Boh my

Not at all Barprlilacthat mlllloa of b l Americans have used SOZODOX-Ttdr a a century Iti the Slaad

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MCE RAID A WHIST CLUB-

ITS REALLY CIIAITIE MORASPOKER PARTY

More Than That Nchmlltberger theGame Was Mlnutr of thenab Found and Twentytwo Men

Arrested A Warning for Moran

Capt Schmlttberger of the West Fortyseventh street station and five men raidedan alleged gambling house late last nightin buck of the Long Aero cigar Mcn at1003 Broadway Twentytwo prisonerswore taken

Cnpt Schmlttborgor says that Clmpploarid Larry Somerflold tho cxanfl

taco have Intfrefted In thegambling place and have Introduced to Itnin who are anxious to lenrn tho gentle-g Ime of poker Capt Schmlttl orger un-

hesitatingly said that the game playedthere was not ns straight as games

Tho place was known us JamesLong Acre Whist Club Capt Schmlttberger succeeded In getting tho evidenceagainst It through a new policeman oneRobert Ullncr who was a lawyer beforehn became a bluecoat Ullmr got Into theplace last night and Schmlttberger andhis men had to wait on tho outside untilsome one came out Then they broke In

They got several packs of cards anti anumber of chips Poker and utuss weretho games principally played at the club

The police also found the minutes oftwo meetings of the club One set forth

A member whoso name for common decencys sake is omitted from this recordhas been expelled for being reputed a com-

mon gambler-A record of another meeting stated that

another member had been expelled becausehe had declared that u moral form ofgambling was the proper thing for a club

Soon after the raid was madeand Somerfleld who evidentlytelephoned for showed up outside theclub Cnpt Hohmlttberger warned them-to keep out of precinct

one of the prisonerswho gave the name of Louts Myers wasthe of the place and that Bonierfield and Moran were associated with himMyerss real name according to Schmlttborder U Thunnan-

RVSSIAX COURTESY TO MILES

Warship Put at Disposal for the TripFrem Port Arthur to TaknS-

fxrtoJ Cubit DtipMli to THE SeaPliant Dee 24 Gen Miles has sailed

from Port Arthur on a Russian battleshipwhich Admiral Alosleff tendered to him toconvey him to Taku He Is expected to

here tomorrowBoard of Foreign

on apologetic attitudetion of the Throne in the tele-graphs and steamship interests Theboard U doslroua of minimizing the high-handedness of the proceeding and of avert-ing foreign inquiry and criticism It protopds that the Government is unable topay for private telegraph shareswhich arv estimated to be worth 30on0u0eels High Chinese ray that It U not neocwary to raise the entire amount by taxa-tion and that the Throne could securea large proportion of the sum by grant-ing rank and titles

Humors reach here of rebellious plansthat are said to be in preparation by PrinceTuan and Gen Tang Ku HsUing Otherrebellions have started throughout thoYaugtpo Valley according to tho reportsthat have been received hero

THE POPE RECOVERS

Fit of Weakness Paue Away and HeCelebrates Christina Mass

Spttliil Ca6l DespairS la Tux SUNROMK Dec 24 Tho Pope entirely

recovered from tho effects of theinduced by his strong speech to tho Car-dinals yesterday and today he is enjoy-ing his usual good health

It was announced this evening that howould celebrate mass In his privateat 1030 oclock tonight

1S23OOOO ASTOR MEMORIAL

New Department ror the London hospitalror Sick ChIldren

Sptctol CoW Utipatcli to TUB SIrLONDON Duo i WiJiam Waldorf Astor

given JC50UO to the Hospital for SickChildren In Great Ormouu street to builda new outiMtlent deportment

The building will bo dedicated to thememory of Mr Aetors ycung daughterOrendollne who recently

VAXDERHILT GETTING WELL

Out or Danger It the ooil Chrlitma NewIlls Friends Will Hear

Dr Austin Flint Jr who has been stay-Ing at tho Vanderbilt house since the pa-

tient took a turn for the wont homoshortly before 11 night Hoseemed In high spirits over Mr VanderbUts condition and sard

Mr Vanderbilt has turned tho cornerIn his lllnens and Is going to got well fitstemperature has again fallen and Is nowat a which wo consider safe We

will recover rapidly So farwe not ask that ho do bettor Helias wonderful vitality and hasmade a game fIght I have just left himsleeping comfortably

After Dr Flint and Dr E O Janewayhad made their evening calltrig bulletin was issued at 7 oclock

The morning bulletin Issued at 030 oclockwas even snore encouraging It

Mr VandrrMIt a better hIsIs a little end his general

condition Is alto slightly ImprovedGrace and Cornelius Jr will not be

deprived of their Christmas on account their fathers largosized tree watt takeu to tho house yesterdayafternoon and It was said that Itdressed for the children

CLAIM AUEtt 10S YEARS

Heirs of Capt Patton Cheek Fromthe Government

OoncN Utah Dec 24 Mrs Qeorgo AGraves of this city received a checkfrom tho United States Government for250 us her share In tho settlement of a

claim that hat been pending US yeir-Tlio clnlm for the capture and de-struction the French 1708 of aschooner belonging to apt Robert Pattonof was for 11760and there are seven heirs

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iltTY HURT V EXPLOSION

natotene Wrecks Pnulroom or Maser andIturknt Place In nat Springs Ark

HOT Spawns Ark Dec 21 An oxponlon of goaoleno this afternoon in th

oimrated by Sim Mayor fcrand Eddie Burke of Sow York

totally demolished the building crippledand otherwiso Injured moore than fiftyoccupants of tho room three of whomcannot live and seven for whom tho at-

tending physicians entertain nolargo clock on thin wall tho

hour of the explosion It stopped at cxnctly seven minutes past 4 After thinexplosion tho walls begun to crumbleWhen tho first shook occurred hundreds-ran from tho rooms covered with mortarand plastering and many with cuts andbruises received from falling timbers Arelief force was at once organized andbegan bringing out tho maimed andwounded

Tuo explosion was caused from gasolene-lx lng pumped Into flighting apparatusfrom which was a leakage Thegasoleno was floor In an adjoining-room and some one entering from tho pool-

room with a lighted cigar Ignited the in-

flammable fluid and caused the explosionlien Murray who was handling tho gaso

hone wax blown against the wall and In-

jured Internally He Is In the hospitalunder police surveillance Tho moreseriously injured follow H George NewYork leg broken Henry LIndfiey NewYork feet crushed Bob Potter New Yorkboth legs crushed F Crnnfleld Cincinnatilegs bruised three ribs broken J Craw-ford Cincinnati leg and wristW S Mclnnerney Chicago willKenny Louisville leg broken Toni Oglercity legs broken Internal Injurieswill die Hilly Helwig city both logs brokenwill

money In this bank roll wax JJ5000This was scattered in every direction bythe force of the explosion but most of Itwas up In tho debris and amongthe

MAY ME AX TELLERS DEFEATRepublicans Put In Control of Lower

house or Republican LegislatureDENVER Cot Doe 24 By the action of

the State Canvassing Boardthe Republican legislator from San Juancounty the lower house of the Legisla-ture will be controlled by the Republicans-and It is paid they will then unseateleven regular and four floating Represent-ative whc e election it is charged was se-

cured by Democratic frauds in Arapahoocounty

The membership of the Legislaturelied by todays action aa follows SenateDemocrats 24 Republicans 11 HouseDemocrats SS Republicans 45

When the body meets there will be nochange in the Senate but in the theDemocracy membership will10 10 and tho Republicans will have a ma-jority on joint of five votes ao thatif they can a candidate SenatorTeller will be succeeded by a Republican

Former Senator Wolcott Irving Howbert Colorado Springs millionaire andFrank C Oowdy a Denver attorney aretho loading candidates There wilt bestrong opposition to Wolcott but he willprobably win Howberta brother FrankCollector of Internal Revenue Is managingWolcotts campaign-

The action of tho State Canvassing Boardtoday created a sensation Two of itsmembers Secretary Mills and AttorneyGenoralPoeta Populist voted with AuditorCrouter Democrat In favor of the Repub-lican legislator against Coy Orman undTreasurer Chlpley Democrats The Popu-lists were expected to voto as they didbut tho action of Auditor Crouter was asurprise

YERKES TELESCOPE ItURXED

Lane Reflecting Instrument at WilliamsBay Destroyed by Fire

WILLIAMS Bay Wt Dec 14 The largereflecting telescope of tho Yerkea Con-

servatory was destroyed by fire yesterdaywith many valuable instruments Tholoss Is estimated nt ti000 on which there-Is no insurance The telescope was In aseparate structure about a hundred yardssouth of the observatory building Itconsisted of ono room in which were thelargo mirrors driving clock and other ap-

pliances and a structure 120 feet long ex-

tending to the southwest all together form-Ing a reflecting telescope with a length of120 feet

The telescope was not quitetho machinists not havingtho Instruments It was designed by ProfHale and intended for use in connectionwith tho spectrohellograph designed byhim and constructed In the observatoryworkshop Many valuable results woreexpected from its use

The fire was probably caused by electricwires Prof halo says that steps will be-

taken at once to replace tho outfit

600 SET TO QVARAXTIXE-

Patenger and of the Aaiyrla Heldat Halifax Hecauie or Smallpox

HALIFAX N S Deo 2ip One case ofsmallpox was discovered on theHamburgAmerican steamer Assyria whenshe arrived hero today from Hamburgun her way to New York Her passengersarid crew number over six hundred and theywere ordered to quarantine tothere eighteen days

The steamer will be disinfected and al-

lowed to go In about five lays Morethan one hundred pasengcis werefur United Slt

j j HI LI s inorvpIlls Special Trait might In the Storm

Honifwtiero In North DakotaGRAND FORKS N D Dec 24 The

train carrying President J J HIUtho coast is snowbound tomo

hero between Devils Lake and Larlmorebut all wires have gone down and nothingmore con be ascertained-

The storm been a furious ono Itstarted In the western of tho Suiteand has worked this much snowhas fallen here but tho wind hasterrific The temperature Is 10 degrees

zero

SLIGHT OA1X CLARK JRPhytlFlan Not Much Encouraged but

for theBtTTB Dec 34 of

Mrs W A Clark Jr shows a slight changefor tho better tonight but her physiciansand attendants are not much encouraged-by the slight improvement though hopingfor a continuation of It

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ROOSEVELT WAITING

Hopes to Escape Actingas Arbitrator

OAS THE ALLIES INVITATIONS

ot So Much Opposed to TheHague Court as He Thought

Announce No Decision After a Coofcoonce With Secretary Hay Future Me

collation to De store Secret nebrtForces In Venr nrla Situ In BeIns on the Capital Castro Goes

Out In Meet Them French View

the Allies Invitation to Rootevett

WASHINGTON Doc H President Roose-velt and Secretary lay had a conferenceMr Hays residence late this afternoon overi he question of Presidents acceptanceor declination of thin of OenaanyEngland and Italy that hf act as arbitratorof the Venezuelan dibptxu

The formal Invltatloi H of O rmany andEngland hut not of Italy to the Presidentwere received at the State Department thismorning and while no authoritativemcntofderstood that thin acceptance of the jointrequest Is not iunlcted on so strongly aithe Government had theoral statement of the Minicters of ForeignAffairs of the allies to the American diplo-matic representatives at their capitals Ill

the three European Power grantingItaly will follow her exprotutod inten-

tion to be guided by Germany and Englandnot unfriendly to the Presidents sug-

gentlon that the arbitration should be byThe Hague Tribunal and leave a way openfor Ids declination ThIs give a new phaseto the hltuatlon and trinket uncertain thusacceptance by Mr Roosevelt of the requestto act as arbitrator which until this morn-ing was regarded as Inevitable

No statement as to the result of the con-ference at Secretary houso U ob-tainable Mr Hay went out this eard loft word for newspaper reportersthat there would bo no newt tonight

tho Executive offices nothing couldbe ascertained excepting that the formalcommunications from Germany and Knfland had been laid before the Presidentthe indications are that no conclusionline been reached as to the ofthe Presidents answerbo drafted for transmission to LondonBerlin and Rome until the day afterChristmas

The reticence displayed today by of-ficials having knowledge of the characterof tho British and German communicationwas the result of directIons to them nottotalk These orders were born of somechagrin in Administration circle over themanner in which newspapershave followed negotia-tions that have taken place between Wash-ington and the capitals of the three Euro-pean allies It is said that the President hatbeer embarrassed by the publication ofthe views ho held in favor of transferringthe settlement of the Venezuelan Im-broglio to The Hague Tribunal and in op-position to the suggestion of thelie be arbitrator

It was felt by the Administration thatif Mr Roosevelt became arbitrator theestatements would create the Impressionthat ho had been forced against hit willinto accepting that responsible officeand that they would also convey the ideato tho allied Powers that he was treating

flattering request ungraciouslyconsequence of the dIrectIons

nIl communications in writing beofficers of the State Department

were transmitted under seal today Thepractice heretofore has been to Bend themwithout cover by tho hands of the regularmessengers Not only does the interdic-tion pertain to news about Venezuelan af-

fairs but a general tightening ofthe concerting all matterswith the State Department todeal

CARACAS VETS PASSEXOHRS

Drought to lice the American Gonfe at-Outtlile of La Guayra-

aptrtal DitpnttMl to Tin SOX

From Correspondent at Caracas

QAHACAS Doc Dutch mall steamerarrived off La Ouayra today but the Brit-

ish and Italian warships doing blockadingduty there to hor to the port

Tho American steamer Caracas whichwas allowed to land her passengers and

and a part of her cargo yesterdaywas ordered to leave before night

took her departure nt S oclock in the after-noon She took on board passengers and

which wore conveyed to her by boattho American gunboat Marietta

President Castro has loft tho capital andgone to Valencia where he will spend theholidays

The state of uncertainty existing aa tothe result of tho proposal for arbitrationand the possibility of refusal have unnorved the members of the GovernmentThe blockade and tho consequent

to American and other interests areexasperating the foreigners here

LONDON Dec despatch from laOuayra rays that tire Dutch steamer Prini-Wlllem today Th nasal

The agentrefused to pay the port due and thsteamer sailed for Trinidad without com-

municating with the shore

FOR MORE DRASTIC MEASURES

German Corretponrtrnt Think VeaeamUaBlockade Iniufllcltnt

Special CoW Dtiratc to Tin SDKBERLIN Dec 24 He Lukal Anttigrr

prints a IA Oimyra stating thatCalifornia PloddaM lc

Hayinoud ti ttMtwrnb Company ot iS Ualot5 ran and specIal

trains iuouili from New York

to those s Dric-o u itrnnrcmrnt lor CHfornl

tll IrAVr New York In andwhich mikf complete round of tmvel

through olj Mexico vl their hotel on-Hhetlv mOl that arcitbervU-Inwrntoif n vt superior faelllllcrtoun to llorldi the WorldPorte Hlco Urtrntitl I nd and ll railroad

tickets to Ul of ID wuM OirNina will be mailed to nose lot r t4 A4w

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