The San Francisco Call. Newspaper, March 19, 1895, Page 1

VOLUME LXXVIL—NO. 99, SAN FRANCISCO, TUESDAY MORNING, MARCH 19, 1895. PACIFIC COAST NEWS, Fremont Smith Sen- tenced at Colusa to Be Hanged. TAKEN TO SAN QUENTIN. He Had Killed Two Companions for Their Money and Clothes. HE SAYS HE IS INNOCENT The History of the Crime as Brought Out at the Trial Over a Year Ago. ey COLUSA, Cal, March 18. — Fremont Smith was brought before Judge Bridge- ford of the Superior Court to-day at 10 A. M. and sentenced to be hanged June 7 between the b s of 9 A.x. and 4P M He stood like a statue, uttered no word going and coming or in the courtroom. His eyes mc and tears glistened just a little. The dead silence of the courtroom w: 10st appalling, and as he marched away to the jail he crowd silently dispersed. All believe him guilty. He left on th bon train for San Quentin in charge of an office There is an old house in L. F. Moulton’s pear orchard, below Colusa on the Sacra- mento, which was the scene of the murder during the latter part of December, 1893. Thrée men were residing there, claiming to be fishermen. Two of them were known Tespectively as Charlie and Dolph. The front of the house, and there ce between, while all round was the pear orchard, a road passing by the house. The third man was Fremont Smith, who left there in his wagon about the 27th of December, going south, and two days later the dead bodies of Charlie and Dolph were found in the river. The officers visited the ace. The door was locked and a piece of n skull, blood and brains were found on a platform in front of the house. These were brought with other evidence to Colusa. There was a trail of blood to the river and marks showing a body had been agged along. There was evidence that an effort had been made to cover the blood with dirt, the tool used having a pro- tuberance on its back. The ax found in the house appeared to have been washed. No bedding was there, although it was known that Dofph and Charlie had beds. Fremont Smith was arrested three days later at Collinsville, Solano County. He d & gold watch and chain, shotgun, a crlosix pairs of blankets, overalls and a dozen suits of clothes. The shovel a protuberance on its back and a spot ood still remained. Blood was on the overal The arrested man had one of the two keys of the house on his person, the other key being found in the pocket of one of the deceased. The clothing was too smal! for Smith, though it might fit one of his partners. The dead men were murdered, one struck on the head and the other having had the top of his head shot away. This evidence was held sufficient for conviction. The trial was an exciting one. The aged mother was present, and when the ver- half ha dict was read, in agony she exclaimed, pointing her finger straight at the jury, “The curse of God be upon you all; my BOT innocent!” She was the haggard picture of despair, weeping, and trembling with anger and grief from head to foot. The prisoner turned pale. He was sen- tenced to be hanged August 3,1893, An appeal was taken. The opinion of the Jower court was affirmed. On the 13th Sheriff Jones went down to San Quentin Deputy Harmeson to bring Smith wi back for a resentence of the Superior Court of Colusa. AGAINST THE DIVES. BMinisters Have Taken Up the Question and Aroused the People. LOS ANGELES, March 18.—The social evil question is now receiving the attention of the city officials, and an unusual in- fluence is being brought to bear to have the dives suppressed and the occupants of the Alameda houses removed to a less fre- quented portion of the city. The clergy have added their voice to the general cry for eradication of such nuisances, and to- day the Uni6p Ministerial Association, em- bracing nearly all the pastors of the various churches, presented a resolution to the City Council, urging immediate action in the direction of reform along social purity lines. The Councjlmen had a spirited debate over the question, but no radical measures were proposed to remedy the evil.. Prop- erty-owners in the southeastern portion of the city have petitioned for prompt'action in the matter, and the community gener- ally isaroused. Some decided steps will probably be taken next week in thisregard. ON TRIAL FOR THEIR LIVES. The Men Accused of Murdering Mrs. Platt Are in Court. Los AxceLes, March 18.—Francisco Guavish, Mateo Pa and Antonio Ashman were placed on trial in the United States Circuit Court to-day for the murder of Mrs. Mary Platt. Mrs.. Platt was ateacher on the Pichango Indian reservation, and on the night of September 21 the house in which she lived was burned. Investiga- tion showed that the teacher had first been murdered and then burned. A little girl, arelative of Mrs. Platt, escaped from the Louse uninjured and gave the alarm. Offi- cers worked on the case for some time, and finally fixed the crime upon the three de- fendants named, who were accordingly ar- rested. All of the men lived on the reservation, and had been friendly with Mrs. Platt for years until a few days before the murder, when they became offended because the old lady would not furnish them with money. The theory is that they took their revenge in this bloody way acccrding to instincts of race. Musicians for the Fiesta. \ LOS ANGELES, March 18.—During his recent visit to San Francisco, Chairman Wilbartitz of the Fiesta musical commit- iee secured thirteen musicians to complete his big orchestra which will furnish con- certs during carnival week. Among them are John Marquardt and wife, Mr. Grue- naur and Mr. Tobin. Supposed to Be Straw. LOS ANGELES, March 18.—Some time ago Frank Swift, a San Francisco boy, was arrested here for burglary. Shortly after he gave a bond signed by his mother from San Francisco, which was approved by one of the Judges of the Supreme Court. His trial was called this morning but Swift did not appear. Now it is thought the bond ‘was a straw one and the signature of the Judge a clever forgery. e GUILTY AT MADERA. William Rodgers Convicted of Burglary After Short Deliberation. MADERA, March 18.—The case of the people vs. William Rodgers occupied the attention of a jury in the Superior Court here to-day. All of the day up to 5 o’clock was spent in taking testimony, as the work of impaneling a jury had been com- pleted on the 16th. The case was com- posed entirely of circumstantial evidence, but of a very strong nature. It was proven by the prosecution that Rodgers bad been in the employ of Calvin Bigelow, who owns a store at O’Neals, and that he had knowledge of the fact that with- in Bigelow’s frail safe was a large amount of gold dust, which Bigelow had bought of the miners in that vicimty, and the day following the robbery Rodgers had sold gold dust at a small town not far distant, which was identified by Mr. Bigelow as that which he had lost. The defendant took the stand in his own behalf, but was unsuccessful in his effort to overthrow the preponderance of evi- dence against him, and after the argu- ments of counsel and the , instructions of the court, it only took ten minutes for the jury to find the ‘defendant guilty of bur- glary in the first degree. REWAINS QUIET IN PRISN THE CONVICT- AUTHOR ~ WILL BE SOLITARY FOR SOME TIME. THE BoARD oF PrisoNn DIRECTORS FaIL To ORDER BACHMAN'S RELEASE. FOLSOM, March 18.—Charles F. Bach- man, Folsom’s Juthor-convict, will remain in solitary confinement for at least another month, as no definite action was taken in the matter by the Board of Prison Directors at the meeting last night. This means that very definite action was taken, for the decision as to Bachman’s term of close confinement will now be left to War- den Aull. Bachman, it will be remembered, has been undergoing extra punishment since the first of the year, his offense being by surreptitious means the sending out of letters reflecting on the management of the prison and having in his possession a loaded pistol. Bachman is the convict who wrote a very highly spiced novel, “Redeemed,” for the publication of which Warden Aull advanced $350. In letters to a lawyer Bachman claimed that the Warden was entitled only to half the profits on the book, but kept them all. He said also that Aull was a partner in the copyright of the book; this Mr. Aull de- nied. He admitted that he had loaned Bachman the money, taking the copyright as security, but not intending to claim any of the profits of the book, which was really a failure. He had the author put into soli- tary confinement for sending out the com- plaints mentioned above, and his action was sustained by the Prison Directors, who were inclined to severity because a loaded pistol was found on Bachman when he was taken in charge. Bachman pleaded guilty to having a pistol in his possession, but he repeated his charges with regard to the partnership in the book, claiming he had given Aull a half interest in it in consideration of the latter getting him a pardon. The board found him guilty, took off a year’s credits and ordered him into solitary confinement until their next meeting. There he has re- mained ever since, shut out entirely from association with the other prisoners. At last he made a written statement for Warden Aull, that his assertions to the directors and the chargesof the Warden having promised him a pardon for a half interest in his book were false. This fact is well known to the board. They decided, however, not to consider the matter, although they will probably give Warden Aull informal directions to treat the prisoner as he thinks will be most con- ducive to prison discipline. This will mean another thirty days’ confinement in soli- tary for Bachman. Neither the newly appointed Prison Ditector, Fitzgerald, nor his predecessor, Mr. Ivory, were in attendance at the meet- ing of the board, which disconsolately dis- cussed their much-mutilated appropriation bills. Owing to the small amount of money allowed them, they cannot carry out the suggestions of the Legislature to employ the convicts in remunerative labor except in the quarries. Steps will be taken to establish a general market for the Folsom granite as soon as practicable. Bl L Released at Fresno. FRESNO, Cal., March 18.—A. A. Rowell of Selma, who was sentenced to jail by Recorder E. H. Tucker for a refusal to pay a fine of $10, was to-day ordered to be released by Judge J. R. Webb of the Superior Court. Mr. Rowell sold $1 05 worth of meat in Selma without paying the license of $10 a day. He refused to pay the fine imposed on the ground that the license which in the case of commercial salesmen is only §10 a. year is discriminat- ing and therefore unconstitutional. Judge Webb upheld this view and intimated that the decision would have been the same had the defense been that the license was practically prohibitory. S Refused Citizenship. FRESNO, March 18.—Judge Stanton L. Carter to-day refused to grant citizenship to a Portuguese named Pento because in answer to a question he said that in case of war between the United States and Portu- gal he would fight against his adopted country. Several other applications for citizenship have been denied in the past few weeks for reasons somewhat similar. —— Closing Chinese Dens. FRESNO, March 18.—The City Trustees, at their meeting to-night. ordered the clos- ing of all dens underthe sidewalks in China- town. The Chinese have been excavat- ing under the sidewalks and even under the streets for f'ears, and a large propor- tion of them live in these. underground dens. Trouble is expected in the enforce- ment of the law. SHORTAGE IN CARSON. Over Eighty Thousand Dollars Missing From the Mint. UNDER INVESTIGATION. Five Rapid Clean-Ups Show It Is Not the Result of Any Clerical Error. THE LOSS WAS KEPT SECRET. The Facts Have Been Known to the Government Officials for Over a Week. CARSON, Nev., March 18.—Andrew Mason, Government Mint inspector and superintendent of the New York Assay Department, has been in Carson for the past week, inspecting the affairs at the United States mint in this city. Anarticle in this evening’s Tribune to that effect has given rise to rumors that something was wrong at the mint, as heretofore the pres- ence of Government inspectors has been known to the public on the day of arrival. The fact of so much secrecy caused ugly rumors, and this evening it was learned from Hirsch Harris, melter and refiner, that something was wrong at the mint and a shortage had been discovered about a month ago. It finally leaked out that over $80,000 has appeared and that five clean-ups, which were made in quick suc- cession, as it was thought some clerical error had been made, failed to reveal the cause of the shortage. Refined gold and silver bullion to that amount has disap- veared from the department, and Inspector Mason expects to be able to clear up the mystery in a day or two. Mr. Harris also stated the reason so much secrecy has been observed was be- cause it was not deemed advisable to give | the matter publicity, as it might prevent | discovery and the recovery of the loss. No direct charges have been made as yet and it will probably be some days be- fore the mystery is unraveled. The pres- ence of General Bob Keating in Carson, to whom several mint employes, including Superintendent J. W. Adams, owe their positions, isa significant fact, as is also two trips recently made to San Francisco by P. P. Ellisand J. T. Jones, mint officials. GONE FROM SACRAMENTO. CONSTABLE BRISSELL LEAVES A NUMBER OF CREDITORS IN THE LURCH. something mysteriously dis- COMPELLED TO RESIGN ON ACCOUNT oF His NEGLECT oF His FamiLy., SACRAMENTO, March 18.— Constable John P. Brissell, who secently figured in a shooting affray at the Mansion House in this city, has been forced to resign his office, and has skipped, leaving a long list of ereditors who are extremely anxious to ascertain his whereabouts. Since the morning when Mrs. Brissell fol- lowed her husband to the apartments of -Mrs. Moore and shot the latter, Constable Brissell’s actions toward her have been so open that public sympathy for the injured wife rose to such an extent that the Super- visors found it necessary to demand the constable’s resignation. Brissell endeav- ored to face the situation by refusing to re- sign, but a long communication from leading citizens of the city and county demanding his resignation left no alter- native. Before submitting his resignation Bris- sell succeeded in borrowing considerable money and sold the outstanding fees of his office, so it is claimed, to J. Faris Jr. for $400. Before the Board of Supervisors acted upon his resignation Brissell left the city during the night, as anxious creditors were pressing him and threatening his arrest. Since the unfortunate affray in which Constable Brissell was the prime factor, it has developed that for months past Brissell has neglected his family, leaving them ab- solutely destitute. Since the shooting he has provided for Mrs. Moor€in a luxurious manner, while his own family were with- out money or food, dependent upon the charity of friends. Brissell deprived his wife of her jewelry, which he bestowed upon Mrs. Moore. His latest act came to light to-day. It ap- pears Brissell procured a horse, buggy and harness, which he pawned at *“Uncle Ike’s” for $15, the owner of which came to Mrs, Brissell to-day looking for his property. Brissell has boasted of his innocence, yet Mrs Brissell has absolute proof of his duplicity, as is shown in the several letters received by him from Mrs. Moore which have been found. It is known that Brissell received the letters through a third person, who is a county official. Prior to meeting Mrs, Moore Brissell owned a pretty home, but this he has squandered. By his aid Mrs. Moore secured a position in the State bindery, and she has frequently boasted of her influence with prominent State offi- cials. It is said that Brissell has been seen in San Francisco, where he has been spend- ing money lavishly and has secured pass- age to Alaska for himself and another per- son—presumably Mrs. Moore, as she has signified her intention of leaving Sacra- mento. The knowledge of this has come to his creditors, who will endeavor to pre- vent his departure until he has satistied their claims and provided for his family. FOR HANDLING FRUIT. The Southern Pacific Building New Sheds in Sacramento. SACRAMENTO, March 18.—The South- ern Pacific Railroad Company has con- «laded to extend its facilities for hand- ling fruit at this point, and in a few days piledrivers will be put in operation prepar- ing foundations for extending the river freight sheds along the water front. The company will erect new sheds connecting with the present steamer shed extending both north and south. This ad8ition will do away with the old system of handling fruit twice, and it will now be loaded in cars direct from the boats as they come in instead of being housed on Front street as heretofore. The new shed will extend from K to I streets on the north and Kto M on the south. New tracks will be laid, and other necessary improvements made to assist in handling the fruit crop with dispatch. It is the intent of thé company to utilize the old fruitshed as a storehouse for hops and wine. A large force of carpenters will be em- ployed as soon as the foundation is ready, and it is expected to complete the new sheds in sixty days. SOLDIERS TO SIGNAL. Sacramento Guards to Talk to San Fran- cisco by Heliograph. SACRAMENTO, March 18.—Lieutenant Martin, commanding the signal corps of the Fourth Brigade, N. G. C., stationed in this city, is an enthusiast in the science of heliographic signaling and has had his men constantly practicing with the instru- ments for several weeks, in preparation for a system of telegraphy which will shortly be established between this city and San Francisco via Mount Diablo. C. J. Atwater, a member of the Fourth Brigade signal corps, was dispatched to the latter city to-day to make arrangements with the Second Brigade signal corps for the proposed course of signaling, which will be operated during the coming month. The distance between Mount Diabio and the signal station in this city is sixty-nine miles as the bird fi Opposition to the Bell. SACRAMENTO, Cal.,, March 18.—A new telephone company is being formed by the business men in opposition to the Bel Company. BARRON CASE IN SAN JOSE. AN AMENDED PETITION .FILED ON BEHALF OF THE MINOR EDWARD, PARTIAL DISTRIBUTION OF THE Es- TATE Is ASKED FOR BY THE GUARDIAN. SAN JOSE, March 18.—PFdward A. Bar- ron, a minor, by J. E. Brown, his guardian, | has filed an amended petition for partial distribution of the estate. John H. Dick- inson is attorney, The pet w-ser avers that he was born on the 9th ds of February, 1881, that he isa son of Edward Barron, deceased, and Wini- fred Morton. Petitioner avers that at his birth and for many years thereafter he was received into the family of the deceased Edward Barron, his father, and that al- ways and upto hisdeath the decepsed recognized petitioner publicly as his child, and always treated him as if he were a legitimate child, 2nd did the adopt pe- titioner as and for his legitimate child, and who thereby became such. The petition further says: “That the said Edward Barron, by an omission, not ap- pearing to be intentional, wholly omitted to provide in his said last will and testa- ment for your petitioner, so being his legit- imate child by adoption, as aforesaid, and your petitioner is therefore entitled to, and claims the same distributive share in all and singular the estate of his said deceased father, as though said deceased had died intestate.” The petition recites the heirs, who are named in the will, who, it is charged, are the devisees of the whole of the estate, that this estate is appraised at $1,800,000, and is but little, if at all, in debt. He further recites the fact of the appointment of Eva Rose Barron, the executrix, and says that his distributive share may now be awarded to him without loss to the estate. Petitioner therefore prays that notice of his application may be given all parties concerned and thata day be setfor the hearing of this petition. At such hearing he asks that such portion of the estate as the Court direct be awarded and set aside to him. SUNDAY-SCHOOL CONVENTION. Delegates Will Be Served With Lunch by San Jose Ladies, SAN JOSE, March 18.—The committee having in charge the arrange- ments for the State Sanday-school convention that is to meet in this city April 16, 17 and 18, has decided to give the visiting delegates lunches on Wednesday and Thursday, the last two days of the convention, and the various churches have been requested to appoint two ladies from each to act upon a joint committee to get up the lunches. The sessions here will be presided over by H. Morton, who is State president of the Sunday-school Union. Besides the mass-meeting there will be a parade of Sunday-school teachers: and pupils. It is expected that about 2000 will bein line. The convertion will be held during the Easter vacation of the public schools of this city, so that the children will be able to attend. State President Morton will attempt to secure a holiday for the schools throughout the county so that all the children who wish can attend at least one session of the convention. . REGULATING MILK SALES. San Jose Will License Venders Who Have the Pure Article. SAN JOSE, March 18.—An ordinance to regulate the sale of milk was given its first reading in the Common Council this even- ing. The ordinance provides that all milk- venders must bejduly licensed and regis- tered, the licenses to be granted free of charge. 1f milk is found to be impure or not up to the standard indicating a healthy con- dition of the cows the vender is to be com- plained of before the City Justice, and if convicted his license is to be forfeited and be subjected to a fine not exceeding $100 or imprisoned not to exceed thirty days. Other sections provide that the health officer may at any time investigate the conditiou of any dairyman’s cows or the place where he keeps them, and if there is found to be anything about his establish- ment conducive to unhealthful milk he is to be proceeded against as before men- tioned. P San Luis Obispo Licenses. SAN LUIS OBISPO, March 18.—The high license ordinance fixing the saloon licenses at $600 a year passed the Council to-night by a vote of 3 to 2. E * SEEN. NEAR SEATTLE Blanck, the Escaped Murderer, Met on the High Road. HIS COMPANION TAKEN. He Was Within Twenty Feet of the Officers, but Dodged Into the Brush. SHERIFFS ON THE LOOKOUT. His Capture Considered a Matter of Only a Few Hours’ Work. SEATTLE, Wash., March 18.—Thomas Blanck, murderer and jailbreaker, is still at large, although pursued by fully 500 men armed with shotguns and Winchester rifles. Fickle fortune scems to smile on the bold desperado, for by a most mirac- ulous chain of circumstances he escaped yesterday morning, a few moments after 12 o'clock, from the very muz- zles of a rifle and shotgun in the hands of Michael Kelly and Dick Burkman at a point about hali a mile south of Black River Junction where the Northern Pacific main lines and the county road cross. The officers could have killed him like a dog, but, being in dense darkness and in ignorance of the persons they had before them, they re- frained from firing, only to learn a moment later that the prize of a lifetime had made his escape a second time. Blanck and Rutten,j the Kitsap mur- derers, were making their way along the county road, when they came upon Kelly and Burkman. Telegrams had been sent to Black River junction, Orillia, Kent and Auburn roused the inhabitants. Michael Kelly and Dick Burkman were sent south from this city and quickly driven to a point near Jergesons Hill, where the county road crosses the Northern Pacific track. Suddenly in the darkness they heard foot- steps. ““I guess we had better hold these fellows up,” said Burkman. Soon the misty forms of a tall man and apparently a big boy ap: peared. When within twenty feet the offi- cers called out, “Throw up your hands!"” The tall man did as commanded, but the other fellow only put up his right hand part way and commenced lagging behind. “Throw up your hands there!”’ cried out Kelly.! “My hands are up,” was the reply. “No, they are not,” replied Kelly, “and if you don’t obey the command and kesp coming, I will put a hole through you.”” At this point the tall man, who seemed to be looking at Burkman'’s gun, crossed in front of Kelly, and the young fellow sud- denly made a dodge, and like a snake, plunged into the bushes atthe west side of the road. The tall man, however, walked directly up to Burkman, who de- manded to know immediately where he came from. “I'came from the County Jail,” was the reply that came like a shot on the officers. “Who was that man with you?”” “It was Tom Blanck.” “Hold this man,” cried Burkman to Kelly, and then he dashed to the place where the man had disappeared. The river, only a short distance below the spot, ran quietly. There was no splash. Not even a dry twig snapped to give warning of the location of the only Blanck. The officers stood silent listening for some clew, but it never came. Rutten was then hurried to Orillia, the next station south, in hopes of keeping Blanck between Seattle and that place, but despite the most. thorough search by parties coming to a central point at Black River Junction from all roads. no trace of him was found. The supposition is that after ducking into the bushes he went back up the county road about 80, rods, went up on the side hill into densé timber, where he could watch all the parties in the valley below. All avenues of escape are covered, and trouble is looked for within the next twelve hours. Cosgrove is in jail, and it is thought that Williams is under arrest at Puyallup. TrAcomMa AS_BISTS. Sheriff Parker With a Posse Scouring Pierce. County. TACOMA, Wash.,, March 18.—Sheriff Parker and a posse of thirteen armed men started out this morning to assist in the hant for Blanck and the other escaped Seattle murderers. They followed the Northern Pacific track toward the King County line, dividing later in the day into four squads. A telephone message indi- cates that one squad is following a man thought to be one of the convicts, but no details were given. EXEMIT FROM SUMMONS. LEGISLATORS CANNOT Now BE CALLED BY SACRAMENTO'S GRAND JURY. THE BI16GY-DUNN ScANDAL WILL HAVE TO WAIT FOR STATUTORY PROVISIONS. SACRAMENTO, March 18.—The Grand Jury met to-day, but took no action in the Biggy-Dunn legislasive boodle scandal. It was found that the constitution pro- hibits the service of process on members of the Legislature for fifteen days preced- ing and following a session of that body. So the matter must go over for two weeks unless Biggy and other Senators should volunteer to come and appear before the Grand Jury in the meantime. Captured and in Jail. SACRAMENTO, - March 18. — Miner Young, who last night, in a fit of insanity, attempted to brain a young woman named Mrs, Yale in this city, was captured by the police this morning in his mother’s resi- dence, at Twentieth and O streets. He was found hid in the basement of the dwelling and made an attempt to brain I one of the officers with a hammer. After a desperate struggle he was disarmed and conveyed to the City Prison. Bloodshed Expected. SACRAMENTO, March 18.—Chinatown denizens are in a state of great excitement to-night, and there is every appearance of riot and bloodshed before morning. The police force has been doubled in that quar- ter and every possible precaution taken to preserve the peace. The trouble started through an insult of- fered by a highbinder to the wife of one of the wealthy Chinese merchants while she was walking down the street. Some by- standers took the woman’s part and repri- manded the tough. He became abusive and was vromptly knocked down. Swearing vengeance, he mustered his fel- low highbinders, bade them arm them- selvesand started out to annihilate the men who administered the well deserved beating. The arrival of a - squad of police, who came on a run from the station-house near by, word having been conveyed to that place, put an end for the time being to tne projected hostilities, but it is feared that blood will be spilled before morning. SHOT IN THE ARM. An Insane Man Used His Gun Upon an Inquisitive Visitor, SAN JOSE, March 18.—This afternoon James Piercefa watchman on James V. Coleman’s ranch about ten miles from this city, was shot in the side but not seriously injured by Joseph Dubois, a crank who occupied a cabin on the place. Dubois has recently been acting strange- ly. He boarded up the windows of his cabin and barricaded the doors as if he feared an attack. Pierce wanted to get some information from 'him about some gates that had been left open, and when Dubois refused to open the door Pierce began tearing a board from a window. Instantly there came a shot through the window and Pierce received a flesh wound under the left arm. He was brought to Ean Jose and found not to be seriously urt. The insane inmate of the cabin was cap- tured by Sheriff Lyndon, but not till he had caved in a door and a window. The prisoner made no resistance when brought to the county jail and locked up. ASKED FOR A FRANCHISE. Local Capitalists Desire to Establish a Telephone Systewm in San Jose. SAN JOSE, March’18.—H. J. Edwards to-night petitioned the Common Council for a franchise to conduct a telephone system in this city. The petition states that . the company operat- ing the system is composed of local capitalists, and they promise, if granted a franchise, to bring telephone rates down so low as to be within the reach ofall. The comparE' has the right to use the poles of the Electric [mprovement Company, of which Edwards is manager. No action was talen on the petition and it was referred to a committee. RECEIVED HIS SENTENCE. AMELIO GARCIA, WHO MURDERED GUILMINOT, TO BE HANGED IN JUNE. His CrRIME THE Most CoLbp- BLOODED IN THE ANNALS OF THE COUNTY. SAN BERNARDINO, March 18.—Amelio Garcia, who murdered James Guilminot October 20, will hang at San Quentin June 5, between 9 A. M. and 4 p. M. Such was Judge Campbell’s sentence delivered at 1:30 this afternoon in the presence of a crowd which filled the courtroom to suffo- cation. In answer to the usual question asto why sentence should not be pronounced, the prisoner spoke disjointedly in Spanish through an interpreter. He said he had not had a fair trial, that money had been used to convict him, and that the crime had not been fastened on him by the testi- mony. In an indirect way he pleaded in- nocence, but did not flatly deny that he killed Guilminot. Owing to Garcia’s desperate character, Sheriff Holcomb applied to the conrt for two deputies to guard him en route to San Quentin instead of one as is usual. Amelio Garcia, who was sentenced to death this morning for the murder of Joseph Guilminot, had probably as little regard for humau!life as any being who ever existed, and certainly as little remorse over the shedding of human blood. The beast-like ferocity of his.crime was not fully developed at the trial which concluded last week. The prosecution confined itself almost exclusively to the confession of Juan Ferra, the accomplice, which was sufficient to secure conviction. However, his testimony told but feebly the story of the butchery. This evening the CALL’s correspondent had a talk with one of the members of the Grand Jury which indicted Garcia. He said: *‘I never haye heard or read of a man who was absolutely lacking in the quality of sympathy, nor of one who took positive delight in murder, until I heard the tes- timony in this case before the Grand Jury. “After Garcia had |finished his devilish work he went straight back to the cabin where he was stopping with some country- men and without washing the blood from his hands told the story of the crime and concluded with the words: ‘That man had more blood in him than any Christian I ever killed. I couldn’t get him to bleed to death.’ “This was the testimony of one of the men who heard his story immediately after the murder. The most remarkable feature of the crime was that Garcia had no motive for the deed except to gratify his delight for murder. He did not visit Guilminot’s house with thatjobject. Ferra proposed to rob the old man and Garcia instantly assented. When the old French- man declared he had no money, Garcia drove-his knife into hus victim’s shoulder, breaking the blade. According to Ferra, who stood guard, the old man's cries for mercy, as on his knees he beg, for his life, would have moved to pity the meanest savage. After the house was searched with t he result of finding nothing of value. Garcia stabbed Guilminot in the neck and smiled as he did it. Waiting several min- utes longer for the poor man to die from the loss of blood and getting tired of the delay, Garcia took a knife which he had found in the house and severed the French- man’s jugular vein. He was then and still is without the least remorse.” D oo i Died at Redding. REDDING, Cal, March 18.—“Happy Jack" Glasscock, who was shot last week by “Dot” Fluke, died of his wound to-day. The Fluke woman was found in Red Bluff and arrested. NOW [T'S DISMISSED. California Defeated the Oakland Water Front Case. in HAS NO JURISDICTION. So Says the Supreme Court in Rendering the Decision. JUSTICE HARLAN DISSENTED. Chief Justice Fuller Does Not Touch Upon the Real Issues. From the “Call” of January 21, 1595. WASHINGTON, Jan. 20.—The railroad wins the Oakland water-front case. .The United States Supreme Court will dis- miss the case, and will say that it is not a Fed- eral question, and that it has no jurisdiction in the premises. It is understood that the de- cision will not deal with the real merits of the case, and will not give any opinion as to whether the California Legislature had any right to convey the Oakland water front to the city, or to dispose of it as it saw fit, or as to whether the city had any right to convey the same to Carpentier. From the “Call” of January 22, 1895, WASHINGTON, Jan. 21.—The decision In the Oskland water-front case was not handed down to-day, but it may be looked for soon. * * * The decision may not be announced for some time on account of other business to be transacted. Nevertheless the case will be dismissed as wired the CALL last night. WASHINGTON, March 18.—An evening paper says: ‘‘After the decision of the Su- preme Court in the Oakland water-front case was handed down to-day, it was re- ported that Charles C. Carlton, special Washington correspondent of the San Francisco Cary, would be cited to appear before the court to answer the charge of contempt for haying telegraphed to his paper several weeks ago the purport of its decision. While the correspondent did not publish the full text of the opinion, he wired to the CarLL that the case would be dismissed, and gave the court’s reason for its action. An opinion of the Supreme Court is rarely, if ever, anticipated, and consequently the dignity of the Justices is ruffied. “Tne case isonly second in importance to that of the celebrated Chicago lake-front case, and involves wharfage and tidelands, the estimated value of which is $20,000,000. ‘‘The Justices are solicitous to ascertain who among the court’s officers divulges the deliberations 'of that body. If this correspondent is held to answer its charge of contempt his case will be different from that of Mesers. Shriver and Edwards, the newspaper men who refused to answer questions propounded by a Senate com- mittee in the sugar inspection inquiry, as no constitutional question could be raised, but the correspondent could be committed to jail if he refused to answer the questions of the court. ““Mr. Carlton says he doesnot believe the court has any intention of citing him to appear before it; but in any event, he will not divulge the source of his information.” JUSTICE FULLER'S OPINION. DiIsMISSAL OF THE GREAT WATER- FRONT CaAsE. WASHINGTON, March 18.—Chief Jus- tice Fuller to-day delivered an opinion dis- missing the bill in equity brought by the State of California vs. the Southern Pacific Railroad Company, involving the owner- ship of the Oakland water front, for want of original jurisdiction. This disposition of the case was made necessary by the conclusion reached by the court that, as there were parties inter- ested in the disposition of it, such as the town of Oakland and the water-front company, who do not appear as parties to the present suit, 1t was not equitable to finally adjudicate the case unless those in- terested were represented in the suit. Justice Fuller stated that while rights to the town and water-front company would not be technically determined they would be effectually passed upon. ‘With the matter placed in this light the next question to be decided was whether the Supreme Court bad original jurisdic- tion. The decision first was to the effect that it did not have such jurisdiction, and in reaching this conclusion the opinion was discussed at some length. ‘While there was some reason for doubt as to the course to be pursued, the court was of the opinion that the constitution had meant to be explicit in its confirma- tion of the original jurisdiction, and as the provision was not made for a combination of the citizens of the State at interest with those of another State, the inference was that in such cases the Supreme Court could only exercise an appellate and not an orig- inal jurisdiction. Referring to the ques- tion of interest to other parties who do not appear in the case, the Chief Justice, after quoting various rulings of the.court, said: “‘Sitting as a court of equity we cannot, in the light of these well settled principles, invoke a consideration of the question whether other persons who have not an immediate interest in restricting the de- mands of the complainant are not indis- pensable parties, or, at least, so far neces- sary that the case should not go on in their absence. Nor can the court proceed to de- cree as between the State and the Southern Pacific Company and do complete and final justice without affecting other per- sons not before the court, or leaving the controversy in such a condition that its final termination might be wholly incon- sistent with equity and good conscience. ‘We are constrained to conclude that as the city of Oakland and the Ozkland Water- front Company are so situated in respect to this litigation we ought not to pro- ceed in their absence. After quoting various opinions bearing