NEW YORK HERALD, FRIDAY, JANUARY 7, 1898.-EIGHTEEN PAGES.

TRIAL OF ANTHONY COMSTOCK'S SUIT FOR $60,000 DAMAGES' AGAINST D R LEVERSON.

question of su'cide yet,'" was the reply. The inquest *ill be held Monday. _

The main basis of the family's assertion that death was accidental was a statement, with some proof, that Mr. Buckley made a practice of shooting at birds and a target on the beach. When the Coroner arrived he found a large board fastened upright in the beach sand, Just thirty-five paces from where the body was. Near the boat house were half a dosen empty cartridge shells.

B a l l e t I K t h e B u l T s - E j e . On the board was a paper* target, and

through the very centre of the bull's-eye a bullet had been sent. Mr. Buckley Is said by has family to have been an expert revolver shot, and his brother, Charles R. Buckley, told me that he undoubtedly had been firing at the target when the fatal bullet was sent into his head. Only one shot was heard, however, by young Buckley and the coach-man.

Thomas Townsend Buckley says he put. up the target for his father.

Or. Schmuck has still another explanation of the fatality. He told Coroner Ouy. among other things, that Mr. Buckley had been sit-ting, at the open aoor of the boat house in the easy chair in which the Coroner found him, firing at sea gulls, but against this, too. is the fact that the sound of only one shot was heard.

Or. Schumck says the bullet entered the left side of the head. Coroner Guy says the right.

When I arrived at the house the body lay on a table surrounded by articles used in photography. Around the walls of the little boat house were models of yachts and other things that took Mr. Buckley's fancy in the Mne of Sport. . » .... ' •

I asked Detective McCarthy about tne re-volver and whether he had examined it to see how many cartridges it had contained.

"Yes," he said, ^'there had been two cart-ridges. One was intact and the shell of the other was there. It had been discharged re-cently** |

Mi. Buckley had not been in a lively mood since his partner* forced him to retire, De-cember 31, from the firm of Ounham, Buck-ley & Co. For the last few days, I was told, he had been suffering with a cold, but I found only one man who attributed his suicide, if such It was. to illness. He felt keenly his enforced retirement from business. I asked James H. Dunham why Mr. Buckley was "frosen out" and to what he attributed his death.

D r o p p e d f o r " a P r i v a t e R e a s o n . " "I cannot see why Mr. Buckley should

kill himself because of any business difficulty or unpleasantness," he said. "He was a most delightful man. and he and I were the best of friends. As to his not being a mem-ber of our firm any longer, ours waa a limited concern. The time expired Decem-ber II, and we simply reorganized as James H. Dunham A Co., with myself and my for-mer partners, Charles H. Webb, William E. Webb and WUliam A, Little. In K£

"Why was Mr. Buckley left out?' I asked. "Well, we had a private reason, which I

don't care to mention. We simply dropped him. His time was up and we didn't need him any more."

"Did he want to remain in the firm?" • "Tea, I suppose he would have liked to stay, but I can't tell you the reason why we did not keep him. It's private."

"Had it any connection with financial af-fairs?"

"Oh. no, no, no; Mr. Buckley was one of the most upright men that I ever met. I don't think he could possibly have had any personal financial trouble, either. He lived In good style, but he could afford to. He must have left a lot of money.

"It may be that he became depressed be-came we did not take him back into the firm, and for that reason killed himself. I can think of no other motive. He was not a man who liked idleness. I had known him for twenty-five years and had him for twenty

Jears as a partner. He was always a well alanced, even tempered man/' A story was current In the dry goods dis-

trict that there had been a violent quarrel' between Mr. Dunham and Mr. Buckley which caused the former to force the latter out. and it was said that when Mr. Buckley called on Mr. Dunham last Friday there had been a scene.

"There is not a word of truth in that." said Mr. Dunham. "We always were the beat of friends. We had a private reason for separating, I am sorry if that caused Mr. Buckley to take his life."

William A. Little, the youngest member of the firm, believes that illness caused Mr. Buckley to end his life., but he does not agree with Mr. Dunham In some respects.

M f e t e r r A f c s s t t h e R e t i r e m e n t . "Mr. Buckley," he said, "took advantage

Of his agreement, which expired December 31, to leave the firm. He waa ill, and retired to his home in Wave Crest. We all knew he was ill; he had been so for some time, and his mind must have become unbalanced. There waa no misunderstanding of any kind connected with his retirement and no finan-cial difficulty."

Charles H. Webb, another member of tho firm, did not know of his former partner's death when I called last evening at his house. No. Si West Seventy-fourth street,

"I am shocked beyond expression/' he nam. "I can give no reason why Mr. Buck-Joy should take his life. It could not have

business difficulty or anything con-with our business. We parted with

it of feeling. No, you'll have to seek tho reason nearer home. As to our leaving Mr. Buckley out of our firm when we reor-'nainuatlon against him. We simply reor-ganised and left a t e out. We had oar rea-son for doing so. I do not care to aay what ft was."

Mr, Buckley was reputed to be the of several millions of dollars,

at which he killed himself is one of beautiful and costly on Long Island,

the cottages occupied in tho slaw Reid. A. J. Hi and George W. W:

last six months at Wavs having then sold his house At Mo. I W< _ Sixteenth street. He was about fifty-two

a*wtfn» wnTwaa\tho of the old

•end Buckley, be left a wife, wl daughter of the senior member firm of Fowler, Crampton ft Co.. a era. of Brooklyn. He succeeded his ; the firm of Dunham. Buckley ft Co.

Ho woo fend of o«ooBont living. <

Si MID CLERK GONE.

• • 1'»

Clark Braden, Jr., Disappears, and

the American Express Company

Mourns (he Loss of £10,200. A SUBSTITUTE NIGKT CLERK

Company's Messengers Report Him as Hissing from the Forty-Seventh

•Street Branch Office.

POLICE SEARttuNG ?6t r M .

l e y " n o u

thc*beat

The American Express Company was the victim of a bold and heavy robbery on Wednesday night, when Clark Braden, Jr., employed as a night clerk at the company's branch offices, Forty\seventh street and Madison avenue, it is alleged, stole $6,000 in currency and $5,300 in bonds, which were part of express matter that was to be sent West yesterday morning.

Braden, who Is thirty-seven years old, and who lived with his wife and two children at No. IS Abingdon square, had been in the em-ploy of the company ot intervals for several years. He had always been regarded as an honest and efficient man.

It la tho duty of the company's messengers who are in charge of cars on the New Tork Central Railroad which carry express mat-ter to call at the company's branch offices each morning at six o'clock for money and other valuables which are to be sent out on the train leaving at half-past six o'clock.

The night clerk whose duty It 1B to deliver these psckages to tho messengers was re-ported as ill on Monday afternoon, thereby necessitating the engagement of a substitute. Braden was therefore notified to report for duty at six o'clock that night. He obeyed, and took charge of the valuables in the safe which were to be delivered to the messengers in the morning. ft He performed this duty properly on Monday and Tuesday, and went to work on Wednesday as usual.

BHADIN HAD DISAPPEARED. When toe messengers who were to leave on

the t M train yesterday morning arrived at the office for the purpose of obtaining the express matter no trace could be found of Braden. This created astonishment, la view

of the fact that the rules of the company are very strict with regard to employes being at their posts and remaining there until the tlnte of relief arrives. As only half an hour remained before the express train bound for Chicago would depart, the messengers be-stirred themselves in their search for Braden. He could not be found, and the fact was im-mediately reported to the official in charge of the branch Offlee, and to the main offices, in Broadway, near Bector street.

An examination of the safe showed that packages containing $5,000 in currency and another package which contained $5,200 in bonds had disappeared. The absence of Braden, coupled with the disappearance of the money and bonds, left no other conclusion to be formed than that the clerk had taken t tlf* VfllUflLblfifl

General Manager Jullier. of the American Express Company, notified the Pinkertnn De-tective Agency and Police Headquarters of Braden's disappearance and the loss of money and bonds. Detectives went to Bra-den's house, 'at No. 23 Abingdon square, but could not find him there. Notices describing Braden, who is rather heavily built, of dark complexion and with a heavy mustache, were then sent out.

STOLEN PROPERTY DESCRIBED.* I The missing bonds were described as five

five per cent $1,000 bonds of the Consumers' Gas Company of Chicago, redeemable in the ysp*«Mr^*#(Wt>«red *.*«*. 1.827. 2.85B, 4,191 and 4,000. Bankers and brokers were request-ed to be on the lookout for them and to de-tain the person presenting them until his ar-rest could be effected.. • f> * ;

When I called at Braden's home, In Abing-don square, it was said he had not been there since Wednesday evening, when he wont to work at the express company's branch office Jn Forty-seventh .street.

When the news of the robbery first became known it was said that the amount aggre-gated $1,000,000. This was later reduced by one-half.

General Manager Jullier. of the American Express Company, late in the afternoon dis-posed of the exaggerated stories by insist-ing that only $10,200 in alt had been taken. He then showed how Braden could, have taken the money and bonds. He added that the clerk might have taken a package of jewelry valued at about $1,500 which was in* the" safe. Mr, Jullier said Braden lived with his family at No. 138 West Eighty-seventh street until November last, when he moved to Abingdon square.

Here's something- to de l ight tho l i t -t le fo lk! The Paste for Bora and Girls i n next S U N D A Y ' S H E R A L D w i l l b e a Kern. Mo h o u s e h o l d h a v i n g h a d i t o n c e e a s t e v e r a g a i n h e h a p p y w i t h o u t t t . D o n ' t f a i l t o o r d e r t h e S U N D A Y HERALD l a t ime.

TROUBLE OVER STATE CANALS.

Controller Roberts' Criticism of

State Engineer Causes a Com-

motion in Albany

THREAT OF SLANDER SUIT.

FAREWELL TO MB. LIBBY. i i i , i i . i n n

A dinner was given at the Hotel Nethorland last evening by Mr. Joseph J. Byers In honor of Mr. William H, Libby'. who is soon to leave for an extended European trip.

Among those present were John A. MeCall, Joseph J. Byers, Q. I. Herbert, ColoneJ J. J. McCook, Colonel J. T. Collins, J. R. Bartlett. Conrad N. Jordan, William H. Libby, Paul Libby,' P. T. Austen, J. W. Murphy, B. A. Byers, Allan McCulloh, W. C. Gulliver, W. D. Harper, H. L. Herbert, Thomas Russell. C. B. Alexander, D. B. Powell, Dr. Elebash. George H. Day, William B. Pierce, Thomas Waters. Colonel A. W. Pope, of Boston: Al-bert Pope, of Boston; E. F. C. Young, Albert McClave and R. D. Evans.

Assistant Engineer Roberts Sajs the Let-ter Liesiin Relation to* Control-

ler's Ignorance of Conditions.

WOODRUFF WANTS TO GO ON

He was fond of esoottont living, of travel and of club Ufa, and was a member of tho Cedarburst Hunt. Century. Union Let

Downtown. Merchants' and ntblan Yacht club*. He had

boon oontemplating recently a trip to Europe. and waa making arrangements for the pur-chase of a Urge tract of land In Cedarburst,

*

CLABK BBADEK, J B . Ho Woo Acting Night Clerk for the American Express Company. Ho Is Missina and Bo

Aro $5,000 in Cook and S5.300 in Bonds. *

AT,BANV. N. Y.t Thursday,—The action of Controller Roberts \n refusing to open the bids for the remaining $3,270,000 of the $9,000,-CrtO, canal bonds, and in recommending that all existing contracts be .cancelled and work stopped, created a commotion in official cir-cles here to-day.

.Superintendent of Public Works Aldridge is in Rochester, and he saw the letter to him from the Controller after it was published in to-day's .HERALD. ' State Engineer Adams, whom the Controller blames severely, is in Utlca.

Herschell Roberts, assistant State engineer, was very angry at the Controller's letter.

"It is a He," he said, "that the Controller did not know that the improvement upon the canals would cost more than the $9,000,000 un-til late this winter. The letter is a slander. I really think Mr. Adams ought to begin suit for slander against the State Controller. In-deed, If he doesn't, i think I will on behalf of the department. *

"The Controller, as a member of the Canal Board, is trying to avoid all responsibility Just as soon as there is a little ill founded criticism, and wants to make it appear that the other members of the Canal Board are responsible for physical conditions which en-gineering had to cope with. As a matter of fact the work on the canals is about two-thirds done."

WOODBCFV FAVORS CONTINUING WORK. Lieutenant Governor Woodruff said he was

in favor of going ahead and spending the $3,500,000 that will be eaten up by pending contracts and allowances for "extra work." He said It was unbusinesslike to stop a great improvement simply because tt was discov-ered that the cost will be in excess of the original estimate.

"Why," he Bald, "when I started to build my maltine factory In Brooklyn I had what I thought was an outside estimate. Tet when it was completed the cost was largely in excess of that estimate. X would have been foolish to have abandoned the work, be-cause then what I had expended would have been thrown away and I would not have had any maltine factory."

Attorney General Hancock, also a member of the Canal Board, said :—

"Of course, the contracts can be cancelled, because each contains a clause to that effect, but whether it would be good policy or not is a matter for careful consideration."

HEARD FIRST IN DECEMBER. "When did the Canal Board learn that

$9,000,000 would not be Sufficient to complete the improvement?" I asked.

"At the first meeting in December," he re-plied. "I remember Controller Roberts ask-ing Mr, Aldridge whether $9,000,000 would complete the work and give the canals a uni-form depth of nine feet. He said, 'No,' and added that he thought $3,000,000 more would be required. Mr. Adams, the State engineer, then spoke up and said that $5,000,000 would be required. Mr. Roberts expressed great surprise, and I was also greatly surprised. This was the first we knew that $9,000,000 would not clean the whole thing up."

It is evident that Mr. Roberts will ba un-able to have the work stopped by the Canal Board. It Is possible there will be a very lively discussion in official circles over the Controller's refusal to open the bids for the new loan. „

ALBANY NEWS VOTES.

Governor Black has offered $1,000 reward for tbe arrest of WlHleui J. CbrtotUn. wbo U Hlesed to have killed Horace P. Pritckerd sad Thomaa J. Manny la Sullivan county on September 2tt.

SIX CENTS' DAMAGE DONE TO CflMSTOCK

- • —

"A Notorious Blackfflailer" Was the Epithet Dr. Uverson Admitted

. Applying to Him. o i

THOUGHT NAME JUSTIFIED.

Head of the Society for the Suppression of Vice Sued Him for $50,000

for Defamation.

TROUBLE BEGAN IN ALBANY.

Corr.stock Annoyed Aged Physician in

Railroad Station After Leaving

Senate Chamber. — • -

"A notorious blackmailer". Dr. Montague R. Leverson admitted having called Anthony Comstock. of the Society for the Suppression of .Vk% and a'^ary^n the-Unlted States Cir-cuit Court-yesterday decided that Comstock's reputation and character had been damaged to the eitflnt of six cents. This verdict does ttot entitle him Ho costs. He had sued for 150,000 damages for defamation of character.

Counsel for the defence said that Dr. Lever. son at the time believed and still believed Comstock was a blackmailer, and asserted that Comstock bad sought to provoke the aged physician Into making some statement that would furnish, grounds for a suit. He recited the fact that Dr. Leverson had stood up in a railroad station and said:—

"Ladles and gentlemen, this man is An-thony Comstock, a notorious blackmailer, woo' never earned an honest dollar in his l i fe"

Th* suit -was the outcome of a wordy Wrangle which started in the Senate Cham-ber and was continued at the railroad station In Albany on February 19, 1896. Dr. Leverson Said at the latter place Comstock called him "a liar, villfier ana old scoundrel."

COM8TOCK OX THE STAND. The proceedings opened yesterday with An-

thony Comstoc% jn t h e chair. He said he had been connected with the Society for the Sup-P"*sion of Vice since its incorporation, in 1*33; that he was frequently in court and had prepared briefs. He detailed the circum-*t*nces of his meeting Dr. Leverson in the waiting room at the Albany station, and ad-mitted that he opened the conversation which led to the heated altercation. * & W H l d , d J 0 0 fl»t"S*T to Dr. Leverson 1 A. I tpW Dr. Leverson if he tad any evidence to substan-tiate the statement or charges which he had made "'J™!1 a*fe.nts o f t b e *>ciety to put them in writing and give them to me. «^9- a

A n d you knew Dr. Leverson's statement before the Senate committee waa a privileged one? A. I

Q. And you decided that by an altercation yoa would provoke Dr. Leverson to saying something about the privileged statement so that you could sue him? A. No; I thought he was misinformed, and as at was an honest man. be would put the statement in wrirtmr so that I could Investigate it. l e u , e u l "»

Q. Did you not feel bitter toward the Doctor? A Not bitter. I spoke to him with a feeling of re-sentment.

DID NOT KNOW PBNAL CODE. "Have you not for twenty-five years been

writing letters to people so that you could prosecute or sue them?"

Mr. Comstock here explained that, as a Post Office inspector, he had written "decoy" letters and had signed fictitious names to them. Judge Lacombe ruled that "decoy" letters had no bearing on the case.

Q. Now. Mr. Comstock, did yoo i » t know that the Penal Code makes i t a a. offence for aay one to an-noy another in a public place, sech as a railroad depot? A. Not then. -

Q. Still, when you bad stirred up Dr. Leverson, you caused his arrest on that very charge? A. The Magistrate had tbe complaint drawn up under sec-tion 675 of the Penal Code. I only made the com-plaint of disorderly conduct.

Q. After you had provoked Dr. Leverson Into call-ing you a blackmailer, did not your friends make a counter demonstration? A. They did. My friends shouted out, as near as I can remember:—"This is Anthony Comstock, tbe man who bas done one of tbe grandest works of reform in this country."

Dr. W. G. Hitchcock was called to testify toward the occurrence in the Senate Chamber, and Thomas E. Wilson, an editorial writer, was questioned as to Comstock's character. The latter said he had no personal acquaint-ance with the plaintiff. This closed the testi-mony and the summing up of counsel com-menced.

BELIEVED HIM A BLACKMAILER. * Franklin Pierce for Dr. Leverson. in his ad-

dress to the Jury scored Comstock and his methods severely. He said that Comstock had provoked the aged physician, after being told several times to go away, with the in-tention of getting Dr. Leverson to say some-thing upon which he could sue him. Smart-ing under the insults and arrest, Dr Lever-son. the lawyer said, called Comstock a blackmailer, which he Mien believed and be-lieved still.

The lawyer said Comstock did not dare to sue the newspapers which have repeatedly branded him as a blackmailer, because with their resources they would be likely to prove their charges. He. however, selected as his victim Dr. Leverson, who could not afford to make an extensive investigation

The physician had read the newspaper re-ports and editorials concerning: Comstock's character and believed them to be true Mr. Pierce further aaid that the circum-stances of l the altercation in the depot showed Comstock's cunning in provokinjr Dr. Leverson to say something for which the latter might be held liable.

W, C. Beecher explained Comstock's side of the case. Judge Lacombe then charged the Jury that the alleged scandalous language not being denied, the only questions to be considered In deciding the suit were provoca-tion or malice and the amount of damage done to Comstock's character and reputation The Jury retiredat three o'clock, and an hour later came in with a verdict for six cents in favor of Comstock.

MAGQWAN DESERTS HIS SECOND WIFE

»

Parting of Trenton's Former Mayor

from Mrs. Barnes-Magowan

Hot by Mutual Consent

MAY RETURN TO WIFE NO. 1;

Accompanied by His Eldest Son He In-tends Going Where "Air Is Pure

and Liquor Scarce,"

DESERTED WOMAN'S PLIGHT.

Mother of His Children Owns a Fine

Home and Good Position Has Been

Offered to Him,

authorities,

" f s?*Je *?*2*!":J£iB2*a* J5°!2r* Ceuunhaioa ortr/-y ff« w^a&jj-. s s v as aBWftdBjeat to the o>h and icarne wpuld pennl t the Mle of pike and State dnriae tbe «*«•« Satsoa SCO. cauubt i s waters outaide the State.

There were _ to t:

and Tbe State

ieatton

.WKJSaVB

aasS teed

the oplotoo of

twenty-are

A n I d e a l wmm* t a w c h i l d r e » , f a l l o f r e * n e d h u m o r a n d p r e t t y c o a c e l t a , t h e •or* of (oa that e l e v a t e s w h i l e It aaaases. add la s trac t s a s w a l l as e a -tertatas—the B a r s aad Girls' Pave la the »L3DAY HERALD. Be sare a a d

It, *

MISTRIAL OP SHAW, STILL UNEXPLAINED

• •

There Will Be No Investigation of

the Alleged Attempt to Tamper

with Talesmen.

CAMDEN, Kf J,, Thursday—it is now wall established that the Interruption of the trial of Eli Shaw was because of an attempt to • tamper with the talesmen. While Prosecutor Jenkins and Harry Scovel, counsel for Shaw stand by their compact of secrecy, various circumstances- combine to offer a oartlarao. ltttlon of the puaaie. Fred A. ReY. special counsel for the State, and Sheriff Ba^lmade a visit to Jacob Schiller, of StocktonTon Mon® day night. Schiller has denied givfsw infor-mation of attempted embracery, but Mr Rex while admitting nothing-, would not' back him up In the denial.

Mr. Scovel, Who has deeply felt the un-pleasantness of his petition, asked Mr. Jen-kins last night, it is said, to collaborate on a statement which wohld satisfy the public !*H*. w a * * S d ^ * d *° "?**»