, THE EVENinu simmers? .:~ ;. ' 'Tiliiimlllifill I The Subject of a Christmas Story Wants $25,000 Damages. DECLARES IT INJURED HIM. Colonel Battersby Alleges That His Char- acter \Vas Drawn So That He “'as Easily Identified—Trouble Caus- ed by His Painting. New York, April 16.—A story written by Edith Sessions Tupper for Once a Week is the basis of a suit for $25,000 damages for libel, which was called in part 9 of the supreme court today. The complainant is Colonel Tempus Bat- tersby. The defendant is Peter Fene- Ion Collier, proprietor of the periodical. It is said that Colonel Battersby, who . is a. West Point graduate, painted a. picture of Lee’s surrender, which was offered for exhibition in the New York display at the World’s fair. Judge W. L. Sessions, father of Edith Sessions Tupper, was one of the committee ap- pointed to select the works of: art for the exhibition. ' Mrs. Tupper accompanied her father when he went to see Colonel Batters- by’s painting in the latter’s studio. The painting was refused. Later, it is said, Mrs. Tupper wrote a Christmas story with the colonel’s rejected pic- ill!) ll // l. EDITH SESSIONS TUPPER. ture as her text, and it is alleged used incidents in the colonel’s life which he objected to having made public. The colonel’s name was not used, but the studio was described in deiail. Colonel Battersby, in his complaint, alleges that he has been engaged on the painting for six years, and that it is still incomplete. J. Gotthief of counsel for Colonel Bat- tersby denies that the picture was re- jected. He says the story was published before the painting was finished, and because of its publication a number of the colonel’s friends who had contribut- ed toward the picture withdrew their support. ‘ The Cause of the Trouble. As for the story “The Colonel’s Christ- mas,” which occasioned all the trouble, a faded page of Once a Week, contain- ‘ ing a copy of it, was passed around among the lawyers prior to its offer in evidence. The story is embellished with a cut of a military looking man in his shirt Sleeves, with a long, thin paint brush in one hand. He has a visionary look about the eyes, as though he was ”seeing things.” In the opening chapter the colonel is described as a poor soldier, whose patriotism a grateful country re- wards with $12 a month. - The other characters are the commit teeman, who is to pass on the painting for admission to exhibition, and his daughter, whose soft heart is touched by the colonel’s miserable condition. In drawing the .colonel’s character his struggle with poverty is enlarged upon. The statement is made that he often “bought colors instead of food.” Finally the colonel, the committee- man and the young lady meet and dis- cuss the painting. The committeeman doesn’t think much of the “awful daub,” but is swayed by his daughter into sparing the colonel’s feelings. The committeeman, after a long de- lay, receives word of the acceptance of the colonel’s painting. His conscience reproaches him for having recommend- ed it. He playfully blames his daughter for having influenced him and tells he1 that if the hanging of the picture is put down as the result of a political plot, he will point her out as the arch conspirator. A Pathetic Ending. The young lady thinks only of the colonel and of the joy which the news will bring him. She hurries off to the particular part of the Tenderloin where the colonel had his den. At the colo- nel’s door she is met by a. big tender hearted “rounder” who has taken an interest in the colonel. He tells her that the colonel “wuz very sick.” They knock at the colonel’s door. There is no response. The man puts his shoul- der to the door and breaks it in. A sad sight meets their gaze. The good news came too late to benefit the colonel. General Serrell, a United State gov- ernment engineer and a veteran of the civil war, was the first witness. “Were you in the rebellion?” asked Lawyer Henry Wehle. “No!” thundered the indignant gen- eral. “I was in the Union army.” General .Serrell testified that-he had seen Colonel Battersby’s painting. He had also read Edith Sessions Tupper's story. , , “Everybody knew the colonel was the original of the hero of that story,” said the general. The general considered Colonel Bat- tersby’s painting of the scene at Appo- mattox Court House a'better painting than the picture of the surrender oi Cornwallis to Washington, which hangs in the capitol at Washington. He said it was very lifelike. He picked out many faces in it as those of his old comrades. He admitted owning an interest in the painting, but added that Colonel Battersby owned most of it. The paint- ing was worth about $10,000. He thought itgood because of the likenesses. The pictures of General Lee and General Grant were particularly good. Lawyer Wehle then read the story to the jury. Mrs. Tupper, Who sat in the rear of the courtroom, listened intent- ly, smiled occasionally and seemed to , enjoy the tale. _ SPALDING MAKES RESTITUTION. Property to Cover His Deficit Conveyed'to . University of Illinois. . Chicago, April 16.—-Charles W. Spald- ing. president of the defunct Globe Sav- ings bank, has turned over all.his prop- erty to the trustees of the University of Illinois to see re the institution from any loss as a result of his methods of handling its bonds and cash. ut o.“ the snaooo of bonds which ought to be in his hands as treasurer of the university only $124,000 is left in the vaults of the Globe Savings bank. He denies that he ever hypothecated any bonds bearing the stamp of the in- stitution or that any marks were erased. Out of the $150,000 cash belong- ing to the institution Mr. Spalding can- not/produce a cent. He thought he had a right ‘to invesr the cash because‘he paid the university interest on it. He made poor investments and the-cash disappeared. Spal‘ding owes the uni- versity $424,000. . He conveyed real estate and bonds amounting to about $400,000 to the trustees and various other interests, so that the entire amount for which he is indebted will be covered. The trus- tees have accepted whatever Spalding had to turn over to them, subject to the powers of the receiver. Some of the bonds conveyed to them are now in the hands of Receiver Le- ,man, and a desperate fight is to be made by the depositors-of the Globe Savings bank to prevent them from go- ing to the university. ' Criminal proceedings are not to be brought against the former treasurer by the trustees unless they cannot be indemnified for the money and bonds used by Spalding. But they will be in- volved in litigation, which will bring up the question as to whether the bonds of the endOWment fund were embezzled or not. It is said that suits are to be begun against the First National bank, the Northwestern National bank and the Metropolitan National bank to re- cover $242,000 of bonds hypothecated or sold to these institutions by Spalding personally or through brokers. The trustees claim the endowment fund of the university will not suffer in the end. If they cannot realize on the property conveyed to them‘they have the bondsmen of Spalding to fall back upon. The work of the university will con- tinue. President Draper, the head of the institution, offered $50,000 for run- ning expenses until the tangle is straightened out. If necessary, the leg- islature will be asked for an appropria- tion. All payments of warrants have been stopped, however, as the trustees have no cash on hand. General Rivera‘s Condition. Havana, via Key West, April 16.- General Ruis Rivera and Colonel Ba— callao continue at Cabanas fortress in- communicado, with strict orders that no one Shall be admitted to see them except the prison officials. All that is known as to General Rivera’s condition is that he occupies a comfortable room. Nothing is known as to when he will be tried. That will depend probably on the progress of recovery from his wounds. New Indian Commissioners. WaShington, April 16.—The president has under consideration the question of reorganization of the Dawes Indian commission. There-are five members, each of whom draws a salary of $5,000 per annum. For the present only two changes are contemplated, and these are expected to be announced this week. One of the appointees will suc- ceed Mr. Cabaniss of Atlanta, Ga. " Kicked by Two Colts. Camden, N. J., April 16.——Peter Par- ker, a contractor of Lindenwold, was kicked in the head and ribs by two colts he purchased. He touched one, and the horse immediately lifted his foot, strik- ing Parker in the head, making a. bad scalp wound. The other colt immedi- ately began to kick and as a result sev- eral of Parker’s ribs were crushed. An Explosion In Iron \Vorks. Pittsburg, April 16.—VVhile tapping a blast at the Republic Iron works the molten metal boiled over into a pit of water, causing an explosion. Five men were badly burned, two of whom‘will probably die. Their names are Dennis Mahoney, recovery doubtful; James Reilly, recovery doubtful; Marti Kinski, Stanley Persivar and John Morton. Once “’ealthy, Now a Vagrant. New York, April 16.—John Reilly, 55 years old, who ten years ago was con- sidered a wealthy man and owned four saloons along Tenth avenue, was in the Yorkville police court today charged with vagrancy. It was said in court that Reilly had lost all his property‘at race tracks. Magistrate Simms com- mitted him to the workhouse. Recovered Power. of Speech. Millville, N. J.,, April 16.—Miss Alice Miller, employed by Kremer 8; Strub- ings, recovered her power of speech to— day, after not having uttered a word for 10 days. She was suddenly stricken with an affliction which made it impos- sible for her to talk, and today her speech returned to her just as suddenly as it ’was taken from her. Six Incendiary Fires. . Milford, Conn., April 16.—Milford had another lot of excitement because of three fires, undoubtedly of incendiary origin, making six fires in the town within a week. The first fire broke out in a boarding house, and in short order two barns were discovered in flames. In none of the cases was great damage done. Well Known Miner Dead. Seattle, ‘Vash., April 16.—A special from Grand Forks, B. C., announces the sudden death of Captain Carter, 3. well known character of the camp, said to be a brother of Senator Thomas Carter of Montana. He leaves mining prop- erty valued at $800,000. Beet. Sugar Experiments. Washington, April 16.—The agricul- tural department is sending out to farmers and to experiment stations a large quantity of beet sugar seed with a view to determine the feasibility of growing the seed in certain sections of the country. ~ ' To Search For the Samaria. 'San Francisco, April’16.——The revenue cutter Bush will be sent in search of the missing ship Samaria. The Samaria left Seattle, Wash., for this port 25 days ago and has not been. heard from since. renewals; , Turks Yield to the Advances of the Despised “lri'egulars.” SEVERAL TOWNS CAPT-Utter: Macedonian Recruits to. Fight Mussui- mans—Reported Dcsertion of Al- banians—Russian Statesman Re- turns ' to St. Petersburg. Larissa, April 16.——There is no truth in 'the Turkish reports saying that the Greek irregulars have been driven out of ”Macedonia. It is true that a few of the irregulars who formed part of the expeditionary force have returned into Greek territory, but these are men who for some reason have/been unable to keep up with the main body of the Greeks, and consequently they have re- treated across the frontier. The main body of the irregulars is continuing its successful operations against the Turks, with the View of cutting the Turkish lines of communi- cation, getting in the rear of the Turks and raising the Macedons against the rule of the sultan. The report of the capture of Kipuri, north of Baltino, by the Greeks is confirmed, and in addition the main forces of the irregulars of the expeditionary force have advanced as far as Pigavitza, where there is an important bridge across a mountain torrent. From that point Chief‘Davelis, who is directing the operations, has 'sent a. detachment consisting of the Italians . under Colonel Cipriani, the well known socialist leader, to the left of Pigavitza, with instructions to at- tack and capture Zlovof, a small town occupying an important strategic posi- tion. The Italians accomplished their task in due time and with considerable skill., They are now holding Zlovof and placing it in a position to with— stand an attack from the Turks. Simultaneously with ordering the movement against Zlovof, Chief Davelis sent another column of irregulars to the right from Pigavitza under orders to invest and capture Sitovon, another town occupying a strategic position of importance. This movement was also successfully carried out, the Greeks killing seven Turks and capturing five Turkish prisoners during the assault, which was brilliantly conducted and brought to an end by the blowing up of the Turkish blockhouse with dyna— mite. ' The Approach to Grevena. After the capture of Zlovof the Greek irregular force operating in that direc- tion continued its advance so far asKri— t_udes, Plisia and Kourdusi. The Greeks have been instructed to hold the latter place at all costs, as it commands the right approach to Grevena, which is held by a strong Turkish force, infan— try, cavalry and artiilery, and which is the objectite point of the Greek expedi— tion. At Kritudes. lisia and Kourdusi heavy figh‘ing occurred between the Greeks Turks before the places mentioned were captured, but the invad— ing irregulars of Greece, mountain men and born fighters, proved themselves more than a match for the trained Turk— ish troops. and drOve the latter before them from place to place. Another column of Greek irregulars started for Macedonia from Zarkos, half way between Larissa and ’Trikkala. Shortly after crossing the frontier the Greeks were confronted by strong forces of Turkish regular troops, stationed in well defended positions in the villages of Anakouta and Kanakoutra. Sharp fighting followedat both places, but in spite of the stubborn defense .of the Turks the Greeks carried both villages by assault, driving out the Turks, who retreated upon Clautherokari. This route into Greek territory is being placed in at state of defense and is now regard- ed as being safe, the nature of the coun- try making it almost impossible for a Turkish force to advance in the face of the opposition of the irregulars and cut the line of communication between the Greek forces at Larissa and 'Trikhala, which is believed to have been the plan of the Turkish commanders. The Mac- edonian frontier, opposite Zarkos, ex- tends U shape into Greek territory, hav . ing the Greek positions of Tyrnave and Larissa on its left and Kalabaka and Trikhala on its right. Greeks Hold Strategic Positions. This formed a sort of entering wedg through the middle of the Greek forces by way of the Macedon villages just captured by the Greek irregulars and Zarkos, in Thessaly, from which point the expedition started into Macedonia. It will therefore be seen that the Greeks have arhievcd another success in occu- pying Sé','Z‘-1'-?,Tic. positions by means of the irreguurs within Turkish territory before war has formally been declared. The Greek “irregulars” now hold all of the four roads leading from the Thessalian frontier in the direction of Grevena, which may be looked upon as the Turkish center. Another feature of the operations which looks favorable to the Greeks is the fact that, accord— ing to reports received here fromthe leaders of the irregular forces, at least 1,000 mountaineers of the country tra- versed by the Greeks have joined the irregular forces and, it is further stat- ed, the Albanians are deserting from the Turkish forces near Mount Olympus, are escaping into Thessaly and arejoin— ing the Greek forces. The whole cam— paign was well conceived and has been executed with great skill. an d Powers Abet the} Turks. Constantinople, April 16.—For 'threc days past the ministerial council has been in session at the Yildiz Kiosk. According to one report the ministers have failed to arrive at any decision, but another account says the council has agreed upon a plan of campaign in the event of an outbreak of hostilities between Greece and Turkey and that the ministers also decided that, if a fresh frontier incident occurs, Edhem Pasha, the Turkish commander in chief, is to assume the offensive. Advices received here from Salonika say that the authorities are arming the bashi bazouks there and at Janina, in Albania. ' '- Kapnlst Goes to St. Petersburg. Vienna, April 16.—The Russian em- bassador here, Count Kapnist, has gone to St. Petersburg. It is pre— sumed the embassador’s visit to the Russian capital is connected with the eastern crisis. ‘ ' , '3‘: 1 .F*-.¢'-“ \Vomen go on, heedlessly ignoring the dangers that lie tight in thepath of- their thoughtless- ness. They neglect little warnings un» til they get used to them. The warn- ings become louder a n d louder, a n d still they do not heed them. Their sickness increases like a snowball rolling down hill. The Sickness comes on gradually, and they get used to it gradually, but it ’ ruins their lives just the same. One wo- man in a hundred, perhaps, is perfectly healthy. Sometimes her weakness is in- herited, sometimes vauired by careless- ness. In every case, care and Dr. Pierce’s Favorite Prescription will give her new life and strength and vitality. It will fill out the hollows in her cheeks, bring color to her lips, brighten her eyes, and make her really and truly a woman. The “ Fa- vorite Prescription ” is of inestimable value at three stages in the lives of every woman—when the girl becomes awoman, when the woman becomes a mother, and when the mother becomes incapable of maternity. At these times it givessafety and strength. It is the only medicine now before the (public for woman’s pecu- liar ailments, a apted to her delicate or. gauization by a regularly graduated phy- sician—an experienced and skilled spe- cialist in these maladies. It cannot do harm in anycondition of the system. It: sales exceed the combined sales of all other medicines for women. Every woman should have and read Dr. Pierce‘s Common Sense Medical Adviser, a great book of a thousand pages, to' £115er illustrated which will be. sent ree on receipt of 2I one-cent stamps, to ay for mailing only. Address, VVorld’s is \ fifi'éufiiifiéfihfifsfifi§§°“' . N°" 66’ EMMA" . BROTHER IMPRUVED SODA AND MIN- ERAL WATE..."1. Syrups and Olden Time Fruit Juices, Root Beer. Lemon Soda, Soda Water Sarsaparilla, Supplied in Birch Beer, Steel Fountains. Seltzer and Vichy in Siphons. Address - II. J. & G. S. GBUMIIN,‘ 44 Main Street, - Norwalk, Conn The GAZETTE J B PRINT NG M Department. \Nfifih TO, THE , WISE Merchants, Manuiamm, ers, Lodges ,and Societies will consult their own inter- ests by giving us a call. 7 ’ REMEMBER— .11 you have 1 work to do, write to us. - '.. .NflW is he ’ " To Subscribe for the T . N. 1111111111111. .. \ J :4... '1. ,1 '1 Both Pacers Sentjto one Address I \ .r'
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