Show FALLS INTO COAL HOLES HIS HABIT NEW YORK Aug 28 Accused Accused of at having fallen into coal holes severn several times imes too ot often n James Smith is noder un under under un- un der arrest here Smith had been Indicted in indicted indicted In- In by tho the New York county grand jury ury for attempted grand larceny on evidence c obtained by James H. H McCool McCool McCool Mc- Mc Cool an examiner In the office olce of ot the he corporation counsel Frank V V. Burton and J. J H. H Bu Burton on owners u of ot property at No o. o 11 West Vest Thirty-ninth Thirty street were the complaining com com- witnesses against Smith The Theatter latter atter on August 3 last brought an action against the Burton for tor damages for injuries alle alleged ed to o have been received r on April 12 b by falling ailing into an open coal hole in front of at f the promises premises According to Mr McCool Smiths Smith's wife called on the Burtons a few days dars after t to o alleged accident The They sent their heir their attorney William B B. Sprague he e said to see Smith who woo then lived lI at t No 33 Second avenue R Smith was wasn lS In n bed th the lawyer reported with his leg in a a. plaster cast SL castOn On May 4 Smith who had moved mo to o the Fort ninth Forty street address had hada a similar accident according to Mc Mc- Ic- Ic Cool His wife It Is alleged went to toce see ce the owners of ot No East Enst Thir- Thir sixth ty-sixth street where ho he said he fell tell down own a coal ceal hole They tnt nt their attorney Aaron Anderson who found Smith In bed with his leg Jog In a plaster cast Unfortunately for himself Mr McCool Mc- Mc Cool ool said Smith mith be began to talk about the he in Yes IVes Thirty ninth street treet Anderson left without effet- effet ng wg u settlement ment Comparison of ot the lawyers' lawyers notes resulted in a complaint to the corporation cor- cor oration counsels counsel's office tho the city havIng hav- hav tog Ing ng been made a defendant co In each action Mr McCool upon Investigation tion lon found that thata a John Smith appears ap- ap pears peara ears on the police records as having fallen alien in coal holes in front of ot No 52 Vest West sixth Forty-sixth street on October 20 0 1914 and In front of ot No West third Forty-third street on February 22 1916 1915 Further Investigation convinced Dr McCool he said Bald that Smith worked with a confederate who played the part of ot a disinterested citizen who would call cali the accident to the attention at- at of ot the police In Jn every case except one Smith had declined ambulance am am- attendance he said |