IVOL. 45. N02 BRIDGEPORT, CONN., SATURDAY, JAN. 2, 1909. PRICE ONE CENT.

PROPERTY LOSS IN THE JUDGES OF ELECTIONMRS. ERB DESCRIBES

HUSBAND'S DEATH

A 23 MILL TAX RATE REQUIRED-T-O

MEET DEMANDS ON TAXPAYERS.

DECIDE THEYCOURT

AVE NOOMMOOO$1, This on Basis of Requisitions Lodged by City BoardsWith City Auditor Pruning Knife Will Be FreelyUsed by Apportionment Board Fifteen New Po-

licemen Asked for Three Thousand DollarsfWant-e- d

to Pay Building Code Committee for Many Meet-

ings Its Members Have Held.

NEARLY...

Life Variously

to 150,000

aN0 EJBMANCEL ISI. nrirATiHz

UCVU1I1W

Cannot Proceed With Investigation of Foxif

Charges Against Goy.EIect Lilley.

Judge Robinson Writes Opinion Sustaining Contentionof Lilley

-- s Attorneys Not An Inquisitorial Com-

mission Only Cannot Deprive Any Man of Rightto Trial by Jury of His Peers Synopsis of Opinionin Which Judges Bennet and Robinson Concur.

for by the auditor and Includes such .,

itenfs as the county tax, advertising. .

printing, . and stationery, interest , andpayments on funded debt, militarycommutation tax, indexing land-Tec- -.'

The auditor will recommend reduc-tions in the amount of the estimatesof the city departments until he hasthe total down to what an equitable ,

tax rate for the city will' represent, ac-- 'cording to his judgment. The city's ,.

fiscal year begins April 1st.A list containing a number of the

requisitions and showing in comparison,some of the appropriations made for afew of the departments is as follows: .

(Continued on Second Page.)QUEEN HELENA INJURED

T r TRYING TO STOP PANIC

Archbishop of Messina Rescued from Ruins of His Pal- -

; ace vToday Marquis Semola . Still Alive Imprisonedn; the Ruins of His Castle at Reggio Pope Pius X

Contributes $400,000 to Relief Fund Requests';Archbishop Ireland to Ascertain Fate of Americansin Stricken District Red Cross Funds Cabled- - toAmerican Ambassador. :

J.

City Auditor Keating, who is busypreparing his report to the board ofApportionment, which meets next Wed-

nesday, is of the opinion that the re-

quisitions of the various departmentsif granted for their full amount wouldrequire at least a 23. mill tax. Theauditor recommended that the requisi-tions of . a year ago be reduced a halfmillion dollars in order to establish a15.5 mill tax. Despite his recommenda-tion the tax rate was 15.6 mills.

Only about two-thir- ds of the annualbudget is represented by the estimatesof the various boards and committeesof the city. The other third Is applied

MITCHELL DYING;

MYSTERY UNSOLVED

Death of Stabbing AffrayVictim Expected at. AnyTime by Hospital Author-ities.

Christ Schick Says MitchellTold Him He Was As-

saulted by -- Two MenWhose Names He WouldNot Divulge.

Chris Shick who conducts the board-

ing house at Reilly and Pembroke Sts;,where John Mitchell the victim of lastSunday night's stabbing boarded,claims that Mitchell was not assaultedwithin the house or near it. . The in-

formation in the hands of the policeis to the effect that the stabbing tookplace "in the boarding house at Reillyand Pembroke streets." - ;

Mitdhell's skull was penetratedkbythe implement used by his assailantand he is dying at the Bridgeport hos-

pital. Chris Schick, the - boardinghouse keeper said yesterday to a Far-mer reporter: "According to Mitchell'sstory he was pitched upon by two menwhile he was standing at Pembrokeand Willard streets. He was cut se-

verely and he went to the Emergencyhospital where two stitches were takenin niar head to ' close the wound. - Whenhe came home. he. told me he had anargument with two fellows. Mondayhe went out of his head' and TuesdayI reported the matter , to the police."

Asked if Mitchell had not told himwho his assailants were Schick said,"No, i asked him who they were andhe 'told me, I know them. I had anargument with them before and I willget square with them yet.,"

Mitchell is a tailor 25 years of age, anative of Bohemia and has no relativesin .this Country. Up to the time of

"

(Special from United Press.)jiifessina,X'Jan. 2. It became known

today that Queen "Helena was pain- -'

fully injured last evening in tryingto stop a - panic in a house where she

' anQ other of the rescue workers wereministering to a number of patients.

, A slight recurrence of the quake caus- -ed a 'rumbling noise which threw the

:.' patients', into a fearful panic. Theymade a rush for the door but foundthe exit blocked by the Queen who

'

resolutely ordered them back to theirI V cots. In their terror the refugees

paid no. 'attention to Her at nrst anaseveral of them trod heavily on herfeet - The, Queen finally succeeded induelling their., iears alter wnicn sne

t fainted from pain, She snort- -

jned her work of nursing sicked.' Three thousand refu- -sent out of Messina to-d- ay

owns besides the large num- -

r4 was transported to the coastowns. The fighting between the

Soldiers and looters raged again lastffijt&t, two soldiers and v a number of

robbeTs, being killed. ' -

Rome,: Van. 2. The American Em-

bassy ., announced. ..this - &f ternopn that; with theexception of-- Consul .Arthur

&S Cheney and wife, and Vice-Cmts- ur

Joseph H- - Pierce, wife and children; it- dld vnot ' believe.' any ; Americans were.killed in. the disasten ' The .American

government ' has-bee- n informed thatStuart K. 4 Lnpton. of the AmericanConsulate ' had . been killed but SignorSerabfc proprietor .or tire , nouse. .inurhthi. A T OVafnn the Rritish Con- -

sjiuK was . killed, . arrived - here to-d- ay

an .says that he was in company withjir. '.lAiptoh several;, hours after thequake and that he was uninjured. .

I' fierio xsays there were no American

I guests atany of the hotels in Mes

the assault, Mitchell .worked in a tail-or shop in Reilly street. "':.

At the hospital the death of MitchellIs expected any minute and Bridgeportmay have another murder myswhich like the death of Johnthe Russian who was blow;compressed air at . the Wesof the Crane Co., may never

IN THE CITY CO

As the result of a row in a housTiat the corner of Park avenue andJohnson streets, last night, John Welo-wic- k

and John Holah were each fined$5 and costs and John Martionski wasdischarged. All of the parties boardin the house and the row occurred in acloset. Patrolman McCullough wa4called in and took all of the parties toheadquarters.

Felix Fendro. a boy charged witfostealing brass trimmings from ' thatrolley cars at the Bast .End barns swas held until Monday when, he will btried. Patrolman Hall found him lastnight with a' bag of plunder and ascrew driver with which he is suppos- -ed to have removed the fittings. . .

The case of Henry Scott, chargedwith the robbery of Reuben Summerslast June, was continued till Jan. 4.' -

The bond of Mrs. Edna "Fusaro,charged with shoplifting4, was reducedto $15 and forfeited. The case wasto have come up today but through ar.error in recording the date of the con- - ,

tinuance the accused was not in court 'and forfeited the bond.v William Koslof ski. who was arresteeSby Patrolman Murphy, was dischargeeby Judge Pullman with the remarkthat no "divinity .hedged about' theperson of a policeman." PatrolmanMurphy was given the laugh by someyoung men in the West End when hfailed to catch a man who had broker,a window in a Chinese .laundry. vv Theofficer had an altercation with '"thcrowd which had collected and the arrest followed. ' '

WATjIj STREET .TO-DAY- .;'?

. (Special from United Press.) v11 a. m. The market-afte- r the, first

hour held fairly well. ' A number ofspecialties made sharp advances butthe room was : disposed to sell. -- Tha,leadfng railroad stocks reacted beforthe end of the hour showing fractional,net declines.

WANTED. Immediately, girl for second work. Apply , 887 Park Ave. .

. . T 31

TO RENT 5 room tenement, firstan ; improvements. Darn If reqil224 Wheeler Ave. T 3

WANTED Experienced windower and card writer. In repiyin?salary, experience and refGrieve. Bissett & Holland DryWaterbury, . Conn. . A

THE UNIVERSITY SCHOOrFairfield avenue, begins its neJ.sion January 5th. The sueeyperience of this school inmen for many . different univfenables it to so plan the worlstudents that the u&ual time t1

aratiort is materially shorfenea result is insured also by thfial mstruci'cn given to evedent. .11

NOW IS THE TIME to cowpipes, boilers and furnaces a;

.. the cost in coal in one winterevenings until 8 o clock. TeJohn F. Walsh. 114 Kosuth St

7 524WINDOW GLASS We will sell

anv size fflass vou need, set Ityou, too. at reasonable prices. Beck,hoff & Bennett, 97 East Main St.

G "tfo 2 4 i

FOR SALE. High grade uprigh(. piano, cheap. Square pianoi, 30 cts.a week. 12 Piano Boxes good forash box or chicken coops. No-ble Ave. S 24 tf 2 4 6

GAS LAMPS, Inverted Vpomplete 68cjEver Ready, 50c; Portable, completewith 'tube,' $2 50, at The Liberty, 1021,Broad St. Open evenings. .,

T 30 tf o

WANTED. Women to do light handsewlne in the factorv. ,Thos who rf

Had Bitter Quarrel and HeWas Shot Accidentally

She Declares

Had Tried to Kill Her andHer Sister that Night

" Tells in Detail on Witness. . Stand Events Upon Night

of His Death.(Special from United Press.)

, Media, Pa., Jan. 2. "My husband waskilled while trying to kill me and mysister. He attacked me and when ,1

fought him 'off he again tried to killme. When my sister came to my as-

sistance he tried to kill her. Thenwhen she wrested the revolver fromhim he was accidentally shot. If theCaptain had . not attacked us time andagain he would not have , beei hurt.Even if he had gone to bed "after thefirst attack there would have been noshooting but he returned again ana"

again . to fight us. His killing couldnot have been avoided."

In a voice broken by sobs, but witha defiant attitude which reverted herplainly to all present that she haddone something for which she shouldnot be blamed, Mrs. Captain Erb tqokthe stand. Her story was dramatici nthe extreme and made a strong im-

pression on the jury.Mrs. Erb was the first witness of the

day.' As the stern tones of her attor-ney sounded out, "Florence Erb takethe stand, the tears were rollingdown her cheeks as she stepped for-ward to take the oath. . In a reason-ably firm voice . and clear enough tobe heard - throughout the court roomshe told her story. The widow wasdressed in deep mourning and longcrepe streamers gave mute evidenceof her bereavement. She settled her-self back in her chair, and with halfclosed eyes she awaited the first ques-tion of her attorney.

She gave her name and the answersto the preliminary questions thatbrought her up to the night of the tra-gedy in a subdued voice that was attimes hardly audible. Then she .be-came more composed and her ans-wers were clear and cpuld be heardall over the room. She told of hermeeting with the captain and of herlife with him at "Red Gables." up tothe early part of October. She sworethat - she was compelled to leave thehouse at times because of the abusivehabits of her husband.

"Were you at home on the night ofOctober 16?" she was asked." "I was.""What, time did the captain comehome?" "I think it was rather late -

"When did you first see him?" '1first heard him when he entered thehouse. He seemed to be drunk andI heard him cursing as he came up thestairs. He came into my room anddemanded where my. sister, Mrs. Bei-se- l,

was. I told him that I did ' notknow and then he left the room. Islipped, prt "my clothing- - and wentdown stairs. . I told the servants thatI was going to the village green hotel.I went out for a time, returning la-ter."

."Where. was your husband when youreturned ; to the house?" "I couldhear him', moving about upstairs. Heyelled down, 'Who is that?' I repliedthat it was me , and he rushed out ofthe . room at me as I came up thestairs. I turned away but he follow-ed. Then, as he tried to grasp holdof me I hit him with the electricfla&hlight that I was carrying. Hesnatched it from my hand and struckme on the ' head. . "We struggled hardand he tried to drag' me into his bed-room. ' Finally I broke away from himand as I ran into my room I pickedup a big glass vase and threw it athim. It struck him on the head andbroke, cutting him. Then he left mealone and I went to the. telephone andcalled up my sister and asked her tocome to me at once. I was very muchunnerved by his attack.

"During our struggle the captain hadpressed me against the edge of - thebedroom' door and had hurt me so thatI had struck him repeatedly over theface and nose with the searchlight anduntil I had bruised him considerably.He was not afraid for his life as hewas a very powerful man and did notseem to care how badly he was hurt.

"I threw a heavy cup at him be-

fore I threw the vase but he dodgedit. The vase lay on a little table ina corner of the room and I grabbedit up as I passed."

"When you got your sister on thephone what did you say to her?" "Isaid, 'Sister, the captain is drunk andI am terribly frightened. He hasabused me terribly. - Please come tome at once.' ".

"Did she come?" "Yes, she cameover and I told her that I was afraidfor my life. She said she couldn'tstay there all night, that she wouldn'tget into any row with the captain.

"My sister then asked me to accom-pany her to the hotel saying unless Idid so she would leave me in thehouse. I asked her to wait until I gotmy things and slipped across to thebathroom. When I was in the bath-room I heard a bolt slide and made upmy mind that the captain was lockingup for the night. . But when I openedthe bathroom door he confronted mewith a revolver. . He cursed me andordered me to get out of the house.He then made as though to shoot meand I screamed and with him after me.The captain was overtaking me whenmy sister came out of the room andinterfered. He seemed to be verymuch surprised arid asked her whatthe h she was doing there. Whenmy sister demanded that he let mealone he shouted at her, 'You devilswill get all that is coming to you.Then he" made for her and she ran.

Mrs. Biesel dodged under his armand she caught the hand that heldthe revolver. As she did so the re-

volver went off. They tussled aboutthe" room. Finally he got her upagainst the door of the bathroom andpinned

" her there. She lost her holdon the revolver and I could see plainlythat my husband was trying to gagethe muzzle of the pistol so as to getit pointed squarely. It was a life anddeath struggle and there was no mis-

taking the threats and curses the cap-tain was uttering.

"The pair of them swayed back-wards and forward, he trying to getfull control of the revolver and shetrying to get it away from him. Fin-ally he stumbled.

"I could not see how or what causedhim to lose his balance but he regain-ed it and made for her again. Final-ly I saw my sister with a superior ef-fort wrest the revolver from the cap-tain's hands and the shooting began.She fired five shots, three of which hithim: I saw the captain ffall to thefloor.' He. tried to roll 'toward his

(Continued on Second iPage.)

JURISDICTION

before the two judges as the "trialjudges"; they are to hear the edenceand if they can agree, make a jointfinding as to the guilt or innocence ofthe person accused in the petition.

This necessarily involves the deter-mination of questions of law and fact.This certainly bears very little resem-blance to an investigation by a com-

mission of inquiry..By the terms of this section 13 this

tribunal is required to hear the evi-dence and from it find the defendantguilty or not guilty and . that finding,-i- f

it be one of guilt, is followed byineligibility to hold any public officefor four years. . ,. ,

Surely a tribunal of this sort cloth-ed with such powers whose finding ofguilt is to have such punitive results,is something more than an . inquisi-torial commission. I must concludeand hold that a judicial tribunal withjudicial functions and powers, was in-tended by the legislature, one whosefinding of guilt would be effectual andpunitive.

Can this tribunal proceed to a hear-ing and determination .of the chargesin this petition without disregardingcertain constitutional provisions? Ithink not.

So apparent and vital are these ques-tions that if the defendant's counselhad not called .the attention of thistribunal to them, I, as one of the mem-bers of it, should have felt it my im-

perative duty to ask for a preliminarydiscussion of them." " If ' this ' courtshould, as it may, find him guilty fromhis own testimonv thus compelled, hisineligibility to office for four yearsfollows as a matter of course. Theact does not exempt him .from thisresult.

Referring again to the fact that thehearing before this tribunal must bewithout aid of a jury, it must be bornein mind that by our constitution "theright of trial by jury shall remain in-

violate." -

The purpose of the author of thissection was commendable- - a.nd reformatory

but such laws to be - enforce-able must be prepared in the light ofconstitutional limitations. A reform tobe effective should not be inauguratedby violating the fundamental law ofthe state.

I hold this section 13 to ; be uncon-stitutional. In my opinion this de-

murrer must be overruled and the pe-tition must abate and be . dismissed.

Attorney Jessup for Mr, Fox saidafter the decision: "We have just fileda notice of appeal from the ruling ofthe judges and are now looking up onjust what grounds the judges basetheir decision.

"It is not . yet definitely decided thatwe will appeal the case although it isprobable that we will. Of course I donot know just what the nature of thedecision is and consequently I don'tknow whether or not we have groundsto; an appeal. An appeal must be ta-

ken within ten days and will of coursego before the Supreme Court of Er-rors for review." '

fortune and he had since been ratedas a millionaire. On one or two oc-

casions in late years he is said to havesuffered severe " losses but if he did Mr.Pearsall appeared the least worriedabout them. '

Mr. Pearajall attended the reunion ofhis regiment in New York a short timeago and caught a cold which impairedhis health. Six weeks ago he decidedto go to Augusta, Ga., and spend thewirter there. On the way South hewas taken ill and stopped in Washing-ton to visit his son who. is the son-in-la- w

of Admiral Hichborne. - He wasobliged to remain at the capital untilthe end came. Besides his son he issurvived by a . daughter, Mrs. E. Rob-bi- ns

Walker, whose husband is a mem-ber of the banking firm of. JosephWalker & Sons. 20 Broad street. NewYork. "Valvular heart trouble was thecause of death.

The deceased was a member of theUnion League Club, the society of theMetropolitan Museum of Ar theAcademy of Design, American Geo-

graphical Society, and the AutomobileClub of America.

The first news of the death of Mr.Pearsall was received in this city yes-terday by General T. L. Watson whohas been his friend for many years.It is believed the burial will be in NewYork. At the Pearsall residence herethe members of the household were in-

formed that the funeral arrangementswould be known this afternoon.

Weather Indications.New Haven, Jan. 2. Forecast : Fair

with slowly rising temperature to-

night and Sunday.A slight disturbance is developing to-

day in the extreme Northwest. Pleas-ant Aveather prevails in all sections eastof the Mississippi river. Temperaturesbelow zero were reported from Minne-sota and Maine. Freezing temperaturesextend as far south as Georgia.

Washington. Jan. 2. A special bulle-tin issued by the Weather Bureau to-

day eays:"A disturbance now over the extreme

north Pacific will move east, south-eastward, causing rains and snows byMonday in the middle western states,extending Tuesday to the central val-

leys and upper lake region and middleand north Atlantic states."

RAILROAD DEFAULTS INTEREST.New York. Jan. 2. Default was made

to-d- ay on the January interest of thePittsburg. Wheeling and Lake ErieCoal Company 4 per cent, bonds of 1903.About SfSSO 000 in bonds are outstand-ing. The entire capital stock of thecompany is owned by the Wheeling andLake Erie Railway.

DEBATE THIS EVENING.There will be a meeting of the Fra-

ternal Literary Club this evening inFraternity hall. 62 Cannon street. Af-ter a business session; an open debateWill be held on the subject: "Resolv-ed, That the Carnegie profit sharingplan offers a satisfactory solution ofth -- ior pr--'-- ."

y'sina isjod that, as far ar he knows there

Estimated from 120,000'

Persons.

nrnrnu 1 1 .

rciouiALFORTUNE FOR RELIEF

clared his intention of selling everybit of his property and dividing theproceeds. . ,

Queen Helena, who refuses to leavethe scene Of wreckage in Messina, isreported today as on the verge ofprostration from grief and exhaustion.The advisability of forcibly removingher is being considered by the cabi-net. "Whenever, the suggestion, is madethat she return to Rome, the Queenbreaks into weeping and asks: "Whycan I not work like the others?" Onone occasion she defiantly asked:"Does being Queen make me anyless a woman and mother whose heartcannot be. touched by such grievoussuffering?"

All appeals made to the. Queen onthe basis of the danger to the Imper-ial House were utterly unheeded. Herpraises were sung in every home inItaly, and not a Queen in all the worldwill , henceforth- - have the - devotion' ofher subjects in such large measure. '

Catania, Jan. 2. It has been discov-ered that Marquis Semola is still alivein the cellar of his ruined castle. Theplace in which the Marquis. is impris-oned is covered by tons of debriswhich it is feared will crash In uponhim before the .rescuers, can effect hisrelease. ... The; Marquis shouted to : therescuer that The had suf ficient roomto move about and had enough provis-ions to last', several days.' - He told theparty to attend first to those who areih more imminent peril. The fact thatSemola is still alive has encouragedthe rescue parties to redoubled effortsin1 the hope that - many others ' may befound' alive. ,

.The' discovery has checked . the planto. spread quick-lim- e indiscriminatelyover the ruins. Only in places wherethe stench- - of putrified . bodies is suchas to peril the lives" of the surviv-ors and rescuers will quick-lim- e beused. The King has ordered threeship loads of quick-lim- e to Messinaand Reggio .with all possible haste asthe danger of pestilence is increasinghourly. -- ;

Rome, Jan. 2. There has been noestimate of deaths of an official char-acter for "two days. The exact num-ber ' will never be known. The gov-ernment allows itself a range of 30,-0- 00

in Its estimate declaring that thetotal will be "somewhere between 120.-00- 0

and 150,000." Later on there willbe an agreement of some round num-ber of, sufficient size to make the ca-

tastrophe the second largest in theworld's history. It is possible eventhat it may surpass fn point of deathsthe destruction of Yeddo, now Tokio,when 200,000 lives were lost.

In the combined loss of life 'and de-struction of property, the quake is un-paralleled. It is practically deter-mined not to attempt to rebuild Reg-gio, on the western Calabrian shore,while the -- present site of Messina willprobably be removed to a point manymiles south. It is believed this willbe a much safer place than the pres-ent location.

Washington, Jan. 2. Caspar Crown-ingshiel- d,

consul at Naples, in a ca-blegram to the state department to-

day says that the Messenger of Mes-sina Consulate has arrived at Napleswounded. He reports that the Chen-ey, family, Pierce and Lupton are alldead. The recovery of the bodies willbe impossible at' the present time.

Ambassador Griscom at Rome cablesthat. Bayard Cutting, WinthropChanler and Military Attache J. Lan-di- s

are in the earthquake district. Am-bassador Griscom has postponed hisown departure until the arrival of theScorpion" from Constantinople. Untilhe arrives at Messina, Landis will actas his personal representative. Heannounces that he has notyet receivedthe names of any American tourists inthe disaster.

The President to-d- ay received thefollowing telegram from President"Massiglia of the Italian Central ReliefCommittee: "The Italian- - CentralRelief Committee is deeply moved bythe spontaneous and generous man-nerati- on

of sympathy and human in-terest shown by the American peoplein the appalling catastrophe which hasovertaken Italy, and in the sentimentof all Italians, tender to you andthrough you to the American nation,the expressions of their everlastinggratitude."

Rome. Jan. 2. A belated telegramfrom William H. Bishop, United StatesConsul at Palermo was received hereto-da- y The message was sent yesterday. Mr. Bishop says it is practi-cally certain that American ConsulCheney at 'Messina is dead and thatMr. Lupton, the new American vice- -consul at Messina, was seen shortlyafter the quake but has not been heardfrom since.

The Pope has given another $200,000to. the relief fund, making a total giftfrom the Vatican funds of $400,000, thesame amount as given at. the outset byKing Emmanuel. The Duchess ofAosta has turned her large palace atCVipodimonte into a hospital. TheDuke of Oosta is in Reggio.

The Archbishop of Messina was rescued to-da- y from the basement of hishome. .

" ' .

""Washington. Jan. 2. The NationalRed Cross turned over to the State De-partment to-d- ay $100,000 for the Italiansufferers, made up of subscriptions t

. s (Continued on Second Page.) ; f

f xuarrfn & rrtorif a n viiltnra In thp oit.V. (UNCLASSIFIED.)' Th casualties at the Trinacria. Ho-- ?

:tel.SFao, says, have been greatly ex- -

; "arrerated- - Most of the Americans inSicily, were in Palermo which suffered

- little damage.p" .'. yfaples. -- Tan,; 2. Minister, of , Public

i? wWlcs-: Burtolini has sent an appeal

, (Special from United Presw.)JCew Haven, Jan: 2. Judges Bennett

and Robinson appointed - to hear theGeorge L. Fox charges of violations ofthe. corrupt practices act against Gover-

nor-elect George L. Lilley to-da- y

handed down a decision holding thatthey have ' no jurisdiction to sit as atribunal , in the election cases.

It throws the Fox charges out ofcourt until the constitutionality of theact under which they were . drawn isascertained. .

Judge Robinson made the announce-ment and filed the opinion which is alengthy one and reviews all the argu-ments adopted by the attorneys forboth sides. The announcement . statedthat the demurrer filed by Fox's attor-neys had been overruled and that theplea against the jurisdiction, of thecourt made by the Lilley attorneys hadbeen sustained.. Attorney H. K. Jes-su- p

immediately filed notfee of appealto the Supreme Court. The decisionholds that it is unconstitutional to trya person for a crime without a juryand the present law provides for thetrial only by-judge- s.

Judge Bennett also filed an opinionin the case holding in effect the sameas hie colleague, that the Corrupt Prac-tices Act is unconstitutional in itspresent fomn and that the judges hadno right to sit as an inquisitorial com-mittee.

The opinion of Judge Robinson wasin part as follows:

This hearing was upon a demurrerto a plea in. abatement attacking thejurisdiction of this tribunal and settingup the unconstitutionality of Section 13of the act under which the petition isbrought.

The petition of George L. Fox,charges the defendant with illegalpractices under the act in question andis brought under the authority : con-tained in Section 13 of the CorruptPractices Act of 1907. The defendantpleads tb this petition that it shouldabate and be dismissed because thejudges before whom it i3 irught haveno jurisdiction in the premise, and theact, or rather the particular portion ofthe act, under which this petition ; isbrought, is unconstitutional and void.The petition. Fox. has demurred to thisplea. He says it is insufficient in lawand in support of this demurrer in-sists that it is a mistake to assumethat this tribunal is judicial in char-acter or clothed with judicial powersand functions.

His claim is that this tribunal asconstituted under " this "section of theact is purely, inquisitorial; that it isreally a commiesion .to, inquire, intoand find ,out' and report , to the Secre-tary of State whether or not any crimehas been committed under this CorruptPractices Act. This position is, in myopinion, untenable. There is no justi-fication for it in the language of theact.

This section 13 ' calls'-th- proceedings

DEATH CAME TO

m PEARSALL AT

HOME OF SON

Black Rock Resident Reput-ed to Be a Millionaire,

Stricken While on

Way South.

Amassed Large Fortune inWall Street, New York,Where for. Many YearsHe Was Financially Ac-

tive.. Thomas W. Pearsall. a familiar fig-

ure in this city where he had residedfor nearly a quarter of a century, diedsuddenly yesterday while visiting hisson, Paul Spofford Pearsall, in Wash-ington; D, C. The deceased was 70

years of age and up to about 20 yearsago was a foremost - figure in WallStreet, New York, where he was abroker handling the bulk of the trad-ing of the late Jay Gould and CyrusW. Field. Since his coming to thiscity about 23 years ago Mr. Pearsallhad been one of the dwellers upon theprettiest knoll along Long Islandshore, Grovers Hill. Black Rock. Whenhe first built there the George Hotelwas located near, by and the place wasone of the most exclusive summer re-

sorts in the country. Since the re-moval of the hotel Mr. Pearsall withth-- families of Gen. T. L. Watson andJonathan Thome have had the hillpretty much t themselves except inthe summer time when the cottagesowned- by Jonathan Thome were occu-pied.

Although retired Mr. Pearsall kept aweather eye upon the stock marketand daily he made trips to the localbanking house of T. L. Watson & Co.by motor car or behind a spirited pairof horses.

The deceased was a native of NewYork city and of Quaker parentage.He was a veteran of the civil war,serving in the Seventh New YorkVolunteers. For over 20 years he hasbeen a widower. His wife was a MissSpofford. daughter of W. H. Spofford,of the firm of Spofford, Tilson. Teteste& Co. This firm was one of the mostfamous irt New York before the com-

ing of the steamboat. It operatedwhat was known as the "BlackballLine" of sailing vessels'.: After the war he entered the broker-age business and soon became a-- finan-cial leader and secured the business ofGould and Field. This """ured ""s

G

TO RENT. Six large rooms, all im-

provements, rent moderate. 435

Lafayette St. T 2 s p o

TO RENT. 5 rooms in new house, $11.1532 North Ave.," opposite Lexington

" -

Ave. ;' a P

LOST. A square yellow woolen horseblanket on Iranistah avenue nearRailroad. Return 1397 State St. Re-

ward, a p

WANTED.--Railwa- y Mail Clerks. Commencement salary $800.00. marcn ex-

aminations. Preparation free. Writeimmediately. Franklin Institute,Dept. 487, Rochester.' N.Y. , A 2 1 p 6 3

ADVERTISER desires financial part-ner to market new wonderful inven-tion necessary on every trolley,steam and subway car, immenseprofits, complete monopoly. $5,000 re-

quired.' Address Patented, this of-

fice. A 2 b

WE HAVE FOR SALE two small hotels, three first class caies, one iur-nish- ed

room house and two good res-taurants, centrally : located. If youwant to sell your business we willget you a Duyer. Bridgeport Busi-ness Brokerage Co., Room 32, LincolnBldg. ap

FOR SALE One new two-family.t- en

room house, .East imageporx. noiwater, bath, gas, furnaces, fences,curb, gutter, sidewalk, one blockfrom trolley, ten minutes irom ue-po- t;

a rare opportunity to procurea desirable piece of property for$3,500 on easy terms. The Bridge-port Land & Title Co. A 2 s

FOR ' SALE. Pianos, Ives & . Pond,$125; Mathushek, $150; . also Chicker- -

- ing Bros.. McPhail, R. S. Howard,- Milton, and slightly used Steinway

Grand Pianos; will sell on weeklypayments of $1.25. 844 Noble ave-nue. T 28 do

CASCA LAXINE tablets, the thing forconstipation and stomach troubles.

G 1 o

WANTED. Girl for general house-work. Apply 563 Fairfield Ave.

T 14 tf. o

A. FRANK, Optician and Loan office,has removed to 1214 Main St. 12 tfo

TO RENT. Newly furnished lodge hallseveral evenings. Inquire, AugustSe'th. 75 State street, or Matt Wleler.12SS Main street. I 4 S'po

TO RENT. 12S9 Howard Ave.. 6 roomsall improvements, at reduced rent,$15. C. A. Monahan, Room 10, 1025Main St. H 14 m'po

- ....

DR. WALTERS, DENTIST, 1062 MainSt. Office hours from 8 a. m. to9:30 p- - m. Sundays 9 a. m. to 2

p. m. ' P 23 o

NOTICEuBecause many have abused the priv-

ilege, no more skating will be allowedat Beardsley Park reservoir and aspecial policeman will be stationedthere to prevent skaters from'going onthe ice. :'BRIDGEPORT HYDRAULIC COM-- a

PANT. s

t formore workmen to-b- sent to thecn ; of ' the earthquake. The de

mand for men to aid in the work ofrescue and clearing .. away . the debrishas 6 been ..expressed in., scores of of-

ficial messages from, all , points in thestricken region that . have . been . pour-Jn- g

.in, daily. The .workmen will beirushed to Naples where, they will em-bark for Messina. At that ruined city

: King's orders. 'through . the othervastated cities and. towns. ,

V "' The demand for workmen is:... The work in Messina is under ther who is taking his orders directly fromthe King. The King announces his .in-

tention to remain indefinitely at Mes- -

Rome. Jan. 2. Church authorities atMessina. reports to the Pope to-d- ay

their fear of the number of AmericanadeadVin the ruins in that city. ThePope ' has intimated that he wishesArchbishop Ireland of St.' Paul, who isnow in Europ-j- , to go to the scene andendeavor the fate of Amer-icans, i The Archb"'shop will " doubtless

mply with the request.messages received by the Pope

ncerning ; the .safety of Americansid other tforeigners differ materiallyom the reassuring reports made to

he government authorities. The number of foreign victims is likely to beMaterially increased by the probable

of a large Dassensrer steamer whichO.B wav SJCCIl III UlC 3 11 ill I UL IVXCaSlUU

hort time before the initial shock.trace, of the vessel has been found

report has yet been received fromJLandls, who was sent with two

lthers to, the scene by AmbassadortrJscom. The delay in news from him.lowever, is natural owing to the con- -estion , of ; the telegraph wires wh!chhe goveenment is monopolizing. Pri- -ate messages of only the utmost im--rtance are permitted to be sent out.message to the Ministry of Marinedav says' that it is not hlivffi thpre

were- - Americans in the Triniacfa orBellevue hotels in Messina, both ofwhich were razed by the quake. These

otels accommodated most of the tour- -tsOHundreds of the refugees werarought to Rome to-da- y. Naples. Ca- -nia, Palermo and other Sicilian

ities have more of the sick and injured than they can accommodate andIhe rescuers have now turned the tideit unfortunates to this city. Hosnitah:

being established in both the(are and Vatican gardens. The

expressed the wish that abe established in the Vatican as

lie wants to attend in person upon thesufferers.( . The property loss in the quake zoneJis estimated at approximately one bu-llion1 dollars. This represents the act-ua- l'

destruction 'of property. The losslh trade 'and; from the abandonment ofcountless acres of Italy's richest farm-ing land cannot, be estimated.

King Emmanuel has ordered the salef 'his .Sicilian beads, worth millions ofounrs and will, give the entire fundo the reuer or i the - sufferers. Theting has already exhausted his avail-able funds. ' If necessary he has'de--

not care to operate sewing machfnejwill find this congenial and profit...able work. No experience necessary 7'Apply to The Warner Bros. Co.

T 31 d o -

WANTED. Sewing machine operatorton corset work. Any women whe 'have run foot power machines carready learn the work. Many nr'.c?have been raised, and all are held aithe highest point with plenty orwork. Apply to The Warner JlirosCo. T 31 d j

POLO AND HOCKEY SUPPLIESprices lowest In the city. Large lint VMV

to select from at The Liberty, 102! (

Broad St. Open evenings. -

'T 30 tf n

CARD READER. Advice on all affairs, 25c. Mrs. Levy, G74 MadisonAve., 4th house above North Ave.

' G 6 tf.

NOTICE...Annual smoker of Bricklayers &

Plasterers' Union, No. 2, will ba heldMonday evening. .Jan. 4, Emmet hall.State St. MusicN and ; refreshments.All Bricklayers and Plasterers of thecity invited. Per 'JAMES FITZPATRICKV

A 1 b o ' ' Vres.

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A n4