/ TH‘E'EVENING , GA zu'r'r e OAYOOWOOHOO w I The Celebrated Case Before 1‘ New York’s Appellate Court. STRONG ARRAY. OF COUNSEL. Six Distinct Issues Are Involved In the Trial, and a Number of Colleges Hope'to Be Beneflted Pecuni- nrily by the Decision. , ALBANY, Dec. 2.—The court of appeals calendar for today contained but one case, the celebrated Fayerweather will .case be« ing the one argued. There was a brilliant array of counsel present, headed by John E. Parsons, William B. Hornblower and Elihu Root. The case has been heretofore described in detail, and the arguments will consume two or three days. There are six distinct issues in the case, but the main contention is to Obtain for Amherst, Dartmouth, Hamilton, Williams, Univer- sity of Rochester and eight other smaller colleges a proportion of $2,150,000, amounting to from $50,000 to $100, 000, from the estate of Daniel B. Fayerweather. The basis of this principal contention is that the testator desired to have this money given to the colleges, but that the residuary legatees have wrongfu divert— ed it to other colleges and discriminating against those appealing. Judge Truax in the lower court decided for the appealing colleges, and the general term affirmed this decision. . Judge Follett, who wrote the decision, decided that the defendants, Thomas G. Bitch and Henry B. Vaughan, for them« selves and on the part Of Justus L. Bulk- ley, induced Mr. Fayerweather to believe that if he would make them residuary leg- atees of the estate, as provided in the codi- cils, they would sell and convert the resid- 'uary estate into cash and divide the same equally among the 20 corporations men- tioned in the ninth paragraph of the will, and that Mr. Fayerweather died convinced that the trustees would do this, but that they attempted to dispose of the residuary estate in violation of these promises. The defendant trustees, backed by the schools and hospitals recognized by fliem, now contest the general term opinion. Other Claimants. Mrs. Fayerweather died in 1893, and her executors also appeal from the decision of the general term, holding that the heirs of Mr. Fayerweather are entitled to the resi- due of the estate which the colleges are fighting for. From this the appeal is taken. The coun- sel present today include for the appellant" James C. Carter, and S. B. Brownell for the donees; under the deed of gift, Colonel Edward C. James and William Blakie for the widow’s executors and next of kin; General S.’L. WOOdford and C. H. Bovie for Executor Ritch; Edward _Wlnslow Page and Henry Van Epps for Union college; John E. Parsons for Executors Bulkley and Vaughan; Charles M. Earle for the Manhattan dispensary of New York; for the respondents, James H. Bishop for Amherst, Horace Russell for Dart- mouth, Elihu Root for Hamilton, Newton M. Cooke for Rochester university, William B. Putney for Williams, A. W. Kittie for Northwestern university, and William B. Hornblower and Howard A. Taylor for Lincoln university. The argument was opened by Colonel James. Bishop Keane‘s Goodby.‘ WASHINGTON, Dec. 2.~—The rectory of St. Patrick’s church was thronged today by callers on Bishop Keane. In some re- spects it was a remarkable demonstration Of the warmth of feeling for the former rector of the Catholic university. The bishop’s plans contemplate his leaving here tomorrow for Baltimore, where he will be the guest of Cardinal Gibbons, thence to Philadelphia with Archbishop Ryan and then to New York, where he Will sail on the Bretagne saturday. Woman's Body In the River. PEEKSKILL, N. Y., Dec. 2. —A Hun- garian, while walking along the banks of the Hudson, about a quarter of a mile from this village, saw the body of a wom- an—floating in the water. He secured the body and towed it to Peekskill, where Coroner Apgar was notified. The body is believed to be that Of Agnes White. She has been missing from this village for a. few days. Mrs. Drayton to Marry? NEW YORK, Dec. 2.—-A report was cir- culated that Mrs. Charlotte Augusta Dray- ton was about to bemarried to Mr. George Haig, a member of the firm' of Haig 85 Haig, whisky merchants, of London. Mrs. Astor, mother of Mrs. Drayton, refused to affirm or deny that she had given her con- sent Or made any arrangements in the matter. ' Professor Roentgen Honored. LONDON, Dec. 2.—At a meeting of the Royal society medals were presented to Professor Roentgen for his ray discoveries and to the French Professor Moissan for his discovery of the isolation Of the ele- ment fluorine. At a banquet at the Hotel Metropole theUnited States embassador toasted the Royal society. Christmas Feast For Three Thousand. ST. LOUIS, Dec. 2.—A Christmas feast the like of which has never before been seen in St. Louis will be given by the Salvation Army on Christmas day. Prep- arations are being made to feed 3,000 per- sons, and the officers are now in search of a spacious hall. large enough to accommo- date the above number. Roosevelt In the Cabinet. NEW YORK, Dec. 2.—President Roose- velt of the police board was asked today concerning the report that he was to be ap. pointed secretary Of the navy. Mr. Roose- velt said, "I make it a point never to ac- cept or decline anything until it has been offered me.” He refused to say anything more. Shrewsbury River Frozen Over. RED BANK, N. J., Dec. 2.—The North Shrewsbury river was frozen today for the first timé this winter. It is the earliest the river has ever been covered with ice, it usually freezing first about the middle of December. The mercury here Saturday aft- ernoon registered 74. Today it was 26. In Favor of a Nickel Coin Issue. PARIS, Dec. 2.—The monetary commis- sion has pronounced in favor of a nickel coin issue. M. Foville, director of the mint, . bpposes this decisiOn. 0100.000 Fire In St. Louis. ST. LOUIS, Dec. 2.—Zenas 'Varney’s car- riage factory was partially destroyed by fire today. The loss is $100,000, covered by insurance NOw is .hOIIM To Subscribe for the AND ~......_-.——~__—._~— “states: STYLISH HATS. 31...... that Must be Met to Produce a Good Effect. '. (By Special Arrangement with the N. Y. Sun.) The least that can be said of- hats this season is enough, for anything very pretty has not put in an appear ance. The milliners give as a reason for this that we are~to have a decided change in shapes. The Old English walking hat is to be brought out again in a modernized edition, which is either very stunning or very ugly ac« cording as it suits the face under- neath. The crown . is of medium height, the brim rather narrow, curv- ing a. little on either side, and the trimming is cox feathers, paradise or ostrich plumes, spreading away on each. side from a wide bow or buckle in front. Silk hats in colors are seen, but the Amazon shape seems to lead in these. One of the few hats which are pretty is a black felt with a round, medium brim, trimmed with two ro- settes of moss-green velvet and a clus- ter of feathers on one side, two ro« settes of cream lace on the other, with jet ornaments in the centre and some prettily twisted black satin. The high, rather pointed crowns and wide brims, rolled a little on one side, trimmed with many plumes and showy buckles, are some of the latest shapes which are becoming to very few we- men. These large hats vary in the height of the crown and the width of the brim, which rolls more or less at the side as you wish, but the Madonna face which makes them a success is the exception; so the low-crowned, medium-brimmed hats are quite as fashionable and not nearly so trying in shape. The felt hats in green, blue, ' black and brown are very nice, and all the necessary height is given in the trimming of feathers, wings and ruches of ribbon or velvet. Velvet hats of all colors and shapes are to be very much worn, and the small bon‘ net shapes are prettily trimmed with fur tails, cream lace and jewelled or- naments. ' One very pretty toque is of black and green velvet, with a soft, full rim and trimmed with cream lace and steel buttons. Another toque is of green velvet trimmed with lace and pink roses. The Trianon shape, which has an undulating brim, is shown in mauve velvet-of two shades, woven together like basket work, for the crown, the darker shade of velvet for the rim, and trimmed with violets and lavender crepe. Pink, yellow, Empire, green and violet velvet bonnets are made for evening wear, with glitter- ing ornaments for a finish, with flow- ers or feathers, and there are all sorts of toques in capote shape, without any strings. Shaded velvet Chrysanthe- mums in purple, violet and pink, with the green leaves, are a fashionable hat trimming, and feathers are sometimes, arranged in front like a crest. Louis XV. hats, with narrow brims turned up, are worn, and among the imported novelties are hats of leather, which are recommended for cyclists, except those Of white kid, which are to be worn for calling and on other dressy occasions. For Very Little People. Small girls have coats of pink. white, corn, and blue corded silk, and they are trimmed with fur and lace. The collars are so large that they have the. appearance of a cape, and are trimmed with fur and lace, and pretty little muffs are made of silk and fur to match. Large bonnets shirred in around the head with a wide flaring frill in front, which gives themthe effect of a poke, are made like the cloak, with a band of fur around the crown and on .the’cape, and a. full ruche of lace set in around the face. Black velvet is also used for these cloaks. lined with a color and trimmed with ermine. Very small boys have similar gar ments made Of white ribbed vel~ veteen and vicuna cloth of different colors, which are quite as suitable for the little maidens. One of the mod- els shown is a full blouse mounted on a yoke of the velveteen trimmed with gulpure lace, and a second one is of cloth made with a short waist, and skirt gathered on. Long stole plaits, which may be of silk or cloth, extend down the front on either side, and narrow velvet ribbon and cream lace are the trimming. . An lit-Turf King Dead. SAN FRANCIscohDec. 1,—The once 3- year-old king of the-turf Morello died at the Ross ranch, in Contra Costa county. The Futurity and Chicago Derby winner had for over 13 weeks been suffering from paralysis, and, although the ablest of vet- erinarians did their utmost to save him, their labors went for naught.‘ ‘ Foreign Wheat Prospects. Lon'DON, Dec. 1.—The Mark Lane Ex- press today, commenting on the crop pros- pects, says: “Severe frosts in France and central Europe have stopped plowing and sowing, and we anticipate a somewhat re- duced wheat acreage in the entire region between the Vistula and the bay of Biscay. . Two New Cardinals. ROME, Dec. 1.—At a secret consistory, held at the Vatican today, Canon Giuseppe Prisco and Father Raflaelo Pierotti, both Italians, were made cardinals. The con- sistorial "advocate, Mgr. Capogrossi, pro- nounced a peroration in favor of the beam- fication and canonization of Joan of Arc. Two Men Badly Wounded. BOSTON, Dec. 1.—What ‘will probably prove a double murder occurred in a little candy and fruit store on Broadway today, when H. H. Holmes shot W. H. Jordan, proprietor of the store, three times, and the latter succeeded in cutting a deep gash in I-Iolmcs’ throat before he fell to the floor exhausted from his own wounds. Delay In the Russell-Scott Case. LONDON, Dec. l.—The further hearing of the suit of Earl Russell against Lady Selina Scott, his mother-in-law, and three men for criminal libel was adjourned for a week today owing to the illness of Fred- erick Kast, one of the male defendants. A Packer Colliery Shut Down. ASHLAND, Pa, Dec. 1.——Packer col- 1' ry, No. 5, at Park Place, Pa., owned by tfc Lehigh Coal company, closed down to- day for an indefinite period, presumably for repairs. Eight hundred men and boys are thrown out of employment. I Knew His Business. Early -in the World’s Fair year a well knoWn Chicago Board of Trade man got caught in a crowd at the ter- minal station and never afterward saw a gold watch for which he had" paid $250 a few months before. Three weeks later another ‘time- piece which cost $200 disappeared in precisely the same way. Since then the broker has carried a watch which from outward appearances would be dear at $1.50. The cases are of nickel, thinly plated with gold, which has worn off in spots. The works, how- ever, are as costly as can be bought "In the Chicago market. Tuesday night he came down town to hear the election returns. In front of a newspaper bulletin he was rude- ly jostled by a crowd of shouting par- tisans. When he reached home his watch was missing, from its news tomed vest pocket. He mourned a good deal and swore much more volu- bly and with far greater emphasis than his wife ever had known him to em- ploy before. While preparing to retire, however, he found the missing watch. It was in a hip pocket and the chain guard was fastened to a suspender buckle behind The enterprising thief who had stolen the Watch had taken time to glance at it“ and believing it worthless had slipped the watch back into another pocket and fastened the chain.’ Who says that Chicago pickpockets are not expert? And who ever heard of one being beaten at his own game before?—New York Herald. He Evoluted. Lady—Aren’t you the same tramp who was here yesterday, sir? Waddles-‘No, ma’m; dat pie yer gived me made another man of me. l836-I896 I ,, Sixty years is quite a lifetime. When a business lives and continues to grow for that length Of time, you can put it right down that the goods represented are Izmzesz‘. “Bax-stow” has made stoves and furnaces since 1836, and their reputation for quality and utility has grown each year. You are looking for the best in stoves and furnaces. The above ’23s; is the reason why you will find it in the “Bay State” goods, manufactured by us. Ask your local dealer for our catalogue or write us for information. ' BARSTOW STOVE co. 228 Water St., New York Foundries—Providence, R. 1. Boston Office—56 Union St. For the last 20 years we have kept iso’s Cure. iso’s Cure for (Jon— sumption in stock, and would sooner think a groceryman could get along without sugar in his store than we could without It is a sure Selim—RAVEN &: CO., Druggists, Ceresco, Michigan, September 2, 1896. Brooklyn Vault Light Company, MANU B'ACTURERS. OOH LIGHTS. SKYLIGHIS AND‘PATENT LIGHT DESIGNS. OFFICE, 431- DRIGGS AVENUE, ~ BROOKLYN. N; .Y. 1.5m»... ,
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