The San Francisco Call. Newspaper, August 6, 1895, Page 14

14 THE SAN FRANCISCO caALL, TUESDAY, AUGUST 6, 1895. DURRANT JURORS SAID TO BE IN DANGER. Rumors of an Attempt to Tamper With Those in the Box. A CRANK’S WILD ATTACK. Still Another Juror Secured in the Person of Horace Smyth. WAS IN THE TYRRELL CASE. Fifty More Venlremen Have Been Summoned to Appear This Morning. THE DURRANT CASE IN A MINUTE—BRIEF REVIEW OF THE PROCEEDINGS. After examining nearly forty veniremen yosterday one more juror, making the sev- enth, was sworn to try Durrant. His name is ce Smyth and his residence is 2127 Brod- eri This makes the jury so far secured as follows Thomas W. Sieberlich. IrwinJ. an, Nathan Crocker. M. R. Dempster. Walter S. Brown. C. P. Nathan. Horace Smyth, Fifty more veniremen will be examined to- day. A crank made two wild rushes at Durrant in the corridors after the noon recess, but was re- pulsed with several kicks from Chief Jailer Sattler. The prisoner took matters easily and made no comment on the attacks. The essail- entescaped. Rumors were afloat that an attempt to tam- per with jurors had been made, and that the officials had taken precautions against sucha proceeding. Durrant walked into a crowded court room shortly before 10 o'clock yesterday morning, after he had stepped out of Chief Jailer Sattler’s buggy. He had lost some- what of the color which he had recovered during the days when he had been in the courtroom and his eyes were a trifle watery in appearance. There were several celebri- ties besides himself present as Judge Mur- phy opened court, and the early callers were fully rewarded for their curiosity. R. H. McDonald Jr. of the Pacific Bank occupied a seat within the bar, his wife and two children around him, while Man- ager Dailey of the Alcazar, who had man- aged to furnish interest in the Durrant trial in the days when the court was wait- ing for more veniremen, sat by himself and ruminated. Plavwright R.C. White was also in evidence, anxiously watching the movements of his attorney, Carroll Cook. Judge Murphy inquired if there were any motions to be made, and Mr. Darwin, atforney for McDonald, stated that he wished his client’s case to go to trial at once. The District Attorney, not being present, the court continued the matter or two weeks, and the McDonalds, “Dick’” and his wife and the two children, wafted out of the courtroom. This being settled Mr. Deuprey sugeested to the court that the matter of contempt in the case of White had not been settled. “In that matter,” said the court, ad- dressing Mr. White, “I have concluded that while, perhaps, you are technically guilty yet Ido not feel that I wish to im- pose any penalty on you. Mr. Dailey ap- pears to me to be the responsible party in this matter and, therefore, I have con- cluded to dismiss the é)roceedings as far as Mr. White is concerned.”” 1t was so ordered and Mr. White speedily made his departure from the forum and the Durrant case was then taken up, the court excusing forthwith William R. Sher- wood and R, J. Techau on doctor’s certifi- cate of illness and Harry Lask because he was a notary public. The names on the new venire were called by the clerk, many being found miss- ing, and any number lining up to the desk, | at the suggestion of his Honor, to make their excuses. The following were excused for good and sufficient reasons: A. B. Flagler, W. W. Erskine, H. Eggers, H. Kubn, F. D. Oliver, I. B. Cook, J. F. Faber, H. W. Hull, J. F. Mitchell, C. Waldemar, William Newhall, B. Fossass, Ed A. "Connor, W. H. Blaney, J. raham, W. A. Dittmar, H. G. Wi E. K. Aldridge, W. 8. Gage, A. L. Strauss, J. A. Britt, Emil J. Feavatier, C. Burger, I. S. Merrill, I.R. Kinkaia, J. L. McLaughlin, George Schmidt, B. Comerford and J. B. Lauder. H. Deckelman, one of the men called to the box on the old venire, for whom an at- tachment had been issted, appeared in courtand convinced his Honor that he had been excused until Thursday. The court then announced that it had received a tele- ram from the District Attorney announc- ing that the latter would not arrive until 11 o’clock, and a recess was ordered until that time. With it came Mr. Barnes, who looked a little bit sun-tanned, and the jury- box was ordered filled with veniremen. Tke examinations were then begun. F. Rippe of 8 Twenty-fourth street testi- fied that he had no conscientious scruples as to the infliction of the death penalty, but he was unutterably opposed to con- victions on_circumstantial evidence. He was excused on the challenge of the Dis- trict Attorney. R. C. Atkins of the firm of Orr & Atkins satisfactorily answered the ques- tions put by the prosecution, but on ex- amination by Mr. Deuprey stated that he had formed an opinion which it would take strong evidence to remove. He was challenged for this reason and excused. Peter Jacobson of 2122 Mission street also developed a very strong opinion on the case, and was challenged for cause and excused. J. Moran of 24 Erie street stated that he had conscientious scruples against the in- fliction of the death penalty, and was challenged and excused. B. Faymonville, the insurance man, was the possessor of &n opinion which could only be removed by the strongest kind of evidence. He was challenged by the Dis- trict Attorney and allowed to depart. L. Schoenfeldt, residing at 366 Grove street, was challenged on the same ground. The challenge was ailowed. Six more veniremen were called to the box and sworn, and theexamiuations con- tinued. D. L. Munsen of 1943 Howard street gave every promise of making a desirable juror ere half a dozen questions had been asked. He safely passed the greater part of the examination of the prosecution only to be challenged at the last for a strongly de- veloped opinion. The challenge was denied by Mr. Deuprey, but after a few questions as to whether or not the venire- man knew Captain Lees, to which he an- swered negatively, the challenge was allowed and he was excused. R. G. Davis of 2126 Vallejo street ad- mitted that he was connected with the Sterling Furniture Company, in which company’s warehouse the District Attor- ney’s household goods are at present stored, but stated vhat he had no conscien- tious scruples against the infliction of the death penalty. He had formed and ex- pressed an opinion, however, which only the strongest kind of testimony could re- move, and Le was challenged and excused. H. E. Hall of the Colonial House stated that he could not bring in a verdict which would result in the hanging of a man on circumstantial evidence. He was chal- lenged and excused. William 8till of 505 Laguna street, a pay- | ing foreman for the Market-street Railway Company, aiiswered satisfactorily the ques- 1 tions of the prosecution and was passed to the defense. On cross-examination by Mr. Deuprey it developed that he had an opinion on the case, which could be re- moved only by the strongest kind of evi- dence. He Was challenged for cause and the challenge was allowed. - Horace Smyth of 2127 Broderick street was next examined and stated that he had no conscientious scruples against the in- fliction of the death penalty and was pre- pared to give the circumstantial evidence all the weight to which it was entitled. “If you were satisfied,”’ asked Mr. Barnes, “from the evidence vproduced here of the guilt of the defendant you would, I presume, find a verdict accordingly and not be influenced by any feeling of sym- athy 2"’ | }should find a verdict according to the evidence and the instructions of the court.” ‘‘Have you ever served before asa juror?”’ “Yes, sir; I served in Judge Wallace's court, I think, for about six months. I was in the Tyrrell dynamite case.” “Do you recall whether or not the evi- dence in that case was circumstantial or direct evidence ?”’ “I should say it was mostly circumstan- tial. I do not recollect now that there was any direct evidence.” Mr. Smyth then stated that he had served as a f’uror in the Philadelphia courts, from which city he had come here. He was then passed by the prosecution. *“What has been your occupation since you came to California?”’ asked Mr. Deu- injoyipg myself,” was the answer. ‘‘Previously to that I had been on a farm.” “How long have you been here in Cali- fornia?” both sides apparently well satisfied with the new juror. Sy 2 Durrant and his custodian waited in the anteroom, as has been their wont since the trial commenced, until sufficient time had elapsed to allow the waiting crowds to dis- perse, and then theg proceeded to the stair- way on their road to the prison van. Thirty seconds later the first attempt to | make an assault on the prisoner since his | arrest was made. | Jailer Sattler and his prisoner had | reached the upper staircase on the Larkin- street side when a young man with a | brown mustache made a rush down from | above, his eyes bent on the prisoner as if he meant mischief. Jailer Sattler, who was walking slightly in the rear of Dur- rant, heard him coming, and turning quickly grabbed him as he was about to pass. “Keepaway!” exclaimed the jailer, ashe gave the man a sudden push, which threw him to his' knees against the iron stairs; and the deputy and his prisoner passed on at the same vace in the direction of the Sheriff’s office. They had nearly reached the door into the private office when the attacking party again came clattering down the corridor after the jailer and his pris- oner. His right hand was_buried in his overcoat pocket, as if resting on a con- cealed weapon, and there was a menacing look on his face, Sattler caught him by the arm again, gave him a vigorous kick where it wouldy land most effectively and pushed his risoner into the Sheriff’s office, just as Inder Sheriff Clack appeared on the scene and gave the rash young man another dose of Jailer Sattler's medicine. The would-be assailant got his feet as rapidly | as possible and made good his escape at a rapid gait, too rapidly to allow of a search of his person for a deadly weapon, which itis thought he might have had in his overcoat pocket. Heisconsidered a crank, whose nerves have become worked up on the case. During the few seconds’ excitement Durrant took things easily, never mani- festing the slightest interest in the actions a great deal of caution—much more so than direct evidence? In other words, do you recognize that circumstantial evidence is open to more fatal mistakes in the tell- ing and receiving than the other class of evidence?” “Well, I recognize the fact that people can be mistaken.” 4 Mr. Deuprey ¢hen ciosely questioned him as to the manner in which he would draw his inferences from the testimony of wit- nesses, some of whom might go so far as to commit perjury, and Mr. Euler’s answers were satisfactory, although slow in coming. “If in the trial of a case where-the evi- dence was wholly circumstantial and you were instructed by the court that, if you had a reasonable goubl as to any one es- sential circumstance, you must resolve it in favor of the prisoner and acquit, would you follow that instruction and do s0?” “‘Well,” was the reply, after some hesi- tation, *‘the evidence would have to show it. *‘Would yon be guided by the evidence— would you take it as a mass, or would you in weighing the evidence, be certaln to dis- cover that every one essential fact and cir- cumstance had been proven, and if you had a reasonable doubt, as defined by the law, as to any one essential circumstance out of the whole mass of testimony, would you resolve that doubt in favor of the pris- oner and acquit him? Would you doit?” “Well, I don’t think that if there was just one link missing—I don’t think I would give him the benefit of all the rest of them.” “In other words you would leave out a link here and there and would be satisfied to consider the chain complete.” The answers of the witness were becom- ing really painful. Mr. Deuprey squared himself for another charge, the court bent its gaze most intently on the yenireman and not a sou! in the audience but leaned forward to listen. Question after question on the same line was hurled at Mr. Euler and, after gradually lengthening pauses aiter each, he answered in the same strain, being very evidently mixed up on the matter of links in the testimony. Mr. [Sketched yesterday by a *‘Call’ artist.] HORACE sMYTH.- 7\ men will be brought into court for exami- nation. =4 L e JURORS AND BRIBERY. Rumors of Attempts to Approach the Panel—-A Conference. The members of the District Attorney’s office and the detective force are consid- erably worked up over certain rumors that have been floating around for the last few days. It is said. and with some show of authority, that the Durrant jury has been tampered with, but neither the District Attorney nor the Chief of Police will either deny or affirm the story. 8o much importance did Chief Crowley and Captain Lees attach to the story, how- ever, that they called in to their assistance United States Secret Service Agent of the Treasury N. R. Harris. The three detec- tives were closeted yesterday afternoon in the Chief’s office, and later on they sent for District Attorney Barnes. Certain conclusions were arrived at, and ever since Lees, Harris and Ben Bohen have been working on the case. Assistant District Attorney Peixotto at first denied that the . conference had been held, but afterward admitted that Harris had been called in. Several subjects likel to call for a_conference were enumermflf; but he denied point-blank that they had anything to do with the case. When the Durrant jury was approached, however, he said instructions had been issued for every- body to keep a close mouth. Secret Service Agent Harris was seen, but he was as uncommunicative as the rest. “It is not my story,” said he. *If you want the facts go to Captain Lees. Yes, I had a conference with the Chief of Police and Captain Lees, at which Mr. Barnes was present, but what it was about I can’t tell.” | ““Was the conference in regard to Federal matters—counterfeiting or anything like | that?” “No, it was not. Now, I will not answer anxy more questions.” n spite of all the secrecy, however, it is pretty certain that a bomb is likely to fall at any time, and when it bursts some one near the Durrant jury will get hurt. e e DAILEY RELEASED. A Writ of Habeas Corpus Obtained Yesterday in the Supreme Court. ‘W. R. Dailey, the Alcazar Theater man, who was sentenced by Judge Murphy to three days’ imprisonment for contempt of court, was released yesterday on a writ of habeas corpus issued by the Supreme Court. The writ of certiorari applied for on Sat- urday by Carroll Cook was also granted, and the hearing on both writs was set for Hleptember 2. Dailey is held under bonds of S it VENIREMEN LINING UP TO PRESENT THEIR EXCUSES. “I think just six years next Christmas night.” He was questioned as to his business connections, and stated that he had none, | except a son-in-law, who was the agent and manager here for the Colt Manufac- turing Company. “Have you read much about this case in tbe&agers?" “Well, for the first day or two it was in | the papers I read a little of it—I confess my inability to go through the whole of it. | I have taken little interest in it since.” *‘When it came to that portion of the publication in relation to what was testi- fied to before the Coroner’s jury and the committing magistrate, did you read any of that?” “I do remember that I didn’t read a word of it.”” “Have you discussed the subject-matter of this charge from what you have read in the newspapers?”’ “Well,g have been talked to about it, and I have considered it on my part by saying that it was very unfair to form an opinion about it. I come here entirely clear from any opinion in the case from beginning to end.” ‘“Then you are, at the present time, en- tirely free frcm any opinion?”’ “I'am.” “Have you any acquaintance with the detective force of this city ?” “Luckily, I have not,” came the reply, | at which the audience broke into an au- dible smile. “Have you any acquaintance with mem- bers of the Police Department?” “No acquaintance whatever.”” “Do you know of any reason, Mr. Smyth, that would prevent you, if sworn as a juror, from fairly and impartially trying this case as between the State and the de- fendant?” “No, sir; there is no reason.” “As I understand it, you would take circumstantial evidence with a great deal of caution—more caution than would be given to direct evidence?'’ asked Mr. Deu- rey. 2 “Certainly,”’ said Mr. Smyth. “In other words, if you are charged by the court that great care and caution ought to be used in drawing inferences and proving facts, you would be guided by that suggestion of the court ?” “Certainly, I would.” *‘And if you were instructed that the in- ference must be fair and natural and not forced, and that you must not draw aay artificial conclusions; and that the infer- ences to be drawn from the facts must be natural ones, amounting to a moral cer- tainty—that is, that it is not sufficient that they must be probable only, but must be beyond a reasonable doubt, would you so find ?” “Certainly.” “And if you had any reasonable doubtas to any one essential circumstance, you would be willing to resolve that in favor of the defendant and acquit himif you were instructed that it was the law ?”’ “Yes, sir.” “In_relation to evidence on identifica- tion, do you look upon that as evidence to be taken with the utmost caution and liable to very grave mistake?"” “Yes, sir.” ‘‘We pass the juror,” said Mr. Deuprey, and the name of E. J. Hooper of 1913 Lyon street was called. He stated that he had no conscientions scruples as to the inflic- tion of the death penalty, but would not bring in a verdict to hang a man on cir- cumstantial evidence, no matter how strong it was. He was excused for cause. This cleared the box of veniremen, all but Horace Smyth. “What will you do with Mr. Smyth, eentlemen ?’ asked Judge Murphy. “The people are satisfied,” said Mr. Barnes, after a moment’s consultation with Captain Lees. “The defense is satisfied,”” said Mr. Deun- Tey. 5 “%hen swear the juror to try the case,” said his Honor, and Clerk Morris admin- istered the oath, which made Mr." Smyth tre seventh juror secured in the case. A recess was then taken till 2 o'clock, of the young man or his defeat by the jailer. ‘He did not even inform his attor- neys of the matter when he returned to court at 2 o’clock, and they only learned of it when asked for information by the news- gnper men. Mrs, Durrant, who had not een present at the morning session, put in an appearance at 2 o‘clocE and took her seat at the side of the accused as the court ordered the call of the roll of jurors. The room was crowded with spectators, many of them bcin;};lsdies, who gazed wonder- ingly on the features of the young prisoner. F. W. Churchill of 503 Haight street stated at the start that he had conscien- tious scruples against the infliction of the death penalty. He was challenged by the prosecution and excused. H. F. Hegler was challenged and excused on the same ground. A. Neustadter of 92734 Post street had neither conscientious scruples against the infliction of the death penalty nor preju- dices against circumstantial evidence. g{e answered the other questions of the prose- cution satisfactorily and was passed. Mr. Deuprey asked him if he had not told the court in_ the mominfi that he was sick. The venireman stated that he was, but felt better. He had cramps at times; but stated that it was not chronic and would not, probably, interfere with his duty as a juror. “We ask that Mr. Neustadter be ex- cused,” said Mr, Deuprey. *‘His illness would certainly interfere with his duties as a juror. We want healthy men in the jury-box and want the benefit of a mind capable of reasoning without interference with physical ills,” “Iam as anxious as you are, Mr. Deun- prey,” said his Honor, “to have healthy men on the jury. Ido not think that Mr. Neustadter’s iliness is of such a character as to interfere with his serving.” Mr. Deuprey then resumed his examina- tion of the venireman and discovered that he had a most, &zosit'we opinion as to the case, which could only be removed by the strongest kind of evidence. He was chal- lenged for this reason and Judge Murphy, who appeared to think he had all the qual~ ifications necessary for a juror, questioned him at length, only to be met with the statement that the opinion was very strong. The challenge .was then allowed and Mr. Neustadter was excused. L. M. Bannen, who resides at 2012 Pierce street, passed the examination of the pros- ecution, but was challenged by thejdefense for an expressed opinion which it would require very strong evidence to move. The challenge was allowed. H. Scfilessleman, a grocer at 1300 Hayes street, had conscientious scruples against the infliction of the death penalty. He was challenged by the prosecution and excused. Five more veniremen were called to the box and sworn. Henry Kohler, who re- sides at Jones and Lombard streets, being first examined. He seemed to answer satisfactorily the usual questions pro- pounded by the District Attorney, and was passed. After passing into the hands of Deuprey, he stated that he had a strong opinion on the case, formed by reading the reports of the testimony at the Obro- ner’s “inquest. He was challenged for cause and excused. . H. Heckm#nn was excused on the ground that he could not join in a verdict of guilty on circumstantial evidence. L. Bloom had conscientious scruples against the infliction of the death penalty, and was also challenged and excused. George Stokes of 511 McAllister street, testified that he had an opinion in the case which could only be removed by the strongest kind of evidence. He was’ chal- lenged by the prosecution and excused. _H. Euler, a furniture manufacturer re- siding at 1511 Lyon street, stated to Mr. Barnes that he had no conscientious scru- ples against the infliction of the death penalty and no prejudice against circum- stantial evidence. Krm a few more ques- tions he was passed by the prosecution, Mr. Deuprey then taking him in hand for cross-examination. He stated positively that he had no opinion in the matter. “Do you recognize, Mr. Euler, that cir- cumstantial evidence should be taken with Deuprey seemed to be unable to get him to sai; anything positively one way or the other and the court took him in hand. ‘‘Suppose,”” said his Honor, ‘‘a case was brought to you, sought to be proven en- tirely by circumstantial evidence; and, suppose that 20 circumstances were neces- sary to show that a crime had been com- mitted and the party accused was guilty of the crime—in other words, a complete chain of twenty circumstances. Now, supposing, when you got down to circum- stance No. 15, you would say to yourself, ‘Ldo not know; the proof is not strong enough on that point. I have areasonable, conscientious doubt about that. I am not satisfied that that fact is proven; and that fact is essential and necessary to complete the chain so that it will be satis- factory to my mind.’ Now, if when you got to the fifteewth fact in_that chain, or the fifteenth link, you had a reasonably fair doubt about that, that would break the chain, would it not?"” “Yes, sir,” was the answer. “Now, if you had a fair, reasonable doubt about that fact, which constituted the fif- teenth link, and you could not say, on your conscience as a man, that you were satis- fied of the truth of that fact~-which was an essential fact and necessary to make the chain complete—would you not follow the instruction of the court that told you, if you had a reasonable doubt about the fact and that it was a necessary ana_essential fact to make the chain complete, your duty would be to acquit him, would “you follow that instraction, althouEh youmight be satislied of the nineteen others?” “I think I would bring 1n a verdict of acquittal, if I was satisfied conscientiously about it.”” The court battled with Mr. Euler for ten minutes longer, and then turned him over again to Mr. Deuprey. The venireman could not make up his mind that a little thing like a missing link would worry him at all, and Mr. Deuprey was in despair, when Mr. Euler opened a way out of the difficulty. “In a case of circumstantial evidence,” he said, *'I could not conscientiously give a verdict of death, unless I would be in favor of the second degree. I could no agree on circumstantial evidence on a ver dict of death.” “Why didn’t you say that long ago?” thundered the Judge. “The challen, allowed.” - 2 Sk And Mr. Euler left the box, the crowd wondering what he meant by *‘death in the second degree,’ tre attorneys discover- ing meanwhile that he had vositively+ stated in the beginning that he had no- scrugles in finding a verdict carrying the death penalty on circumstantial evidence. Five more veniremen were called, chal- lenged for cause and excused in rapid order, as follows: W. A hrens, a grocer at 201 Diamond street, had px‘eeudices against circumstantial evidence; Victor hfnuh 531 Hayes street, had a strongly devclopar{ opinion; F. Person, 2334 Pine street, was similarly incapacitated; J. H. Schroeder, Washington street, would not convict on circumstantial evidence; and P. Mona- ban had such an opinion as would require the strongest evidence to overthrow. Two more drawings of five each were made from the box and the ten veniremen were excused in rapid succession, for cause, as follows: Claus Schwatz, G. P. Rexford, 0. D. Baldwin, J. N. Mallet, P. J. Smith, C. L. Baker, J. D. Siemers, Aug- ust L. Strauss, T. R. Dunn and George Robinson. This exhausted the panel, with the ex- ception of Thomas Kirkpatrick, upon whom Mr. Barnes and Messrs. Dickinson and Deuprey had held a consultation. Mr. Barnes announced that counsel for both sides had agreea to excuse Mr. Kirkpat- rick. The court allowed the excuse. liflr. Barnes stated later that Mr. Kirkpatrick was a client of Mr. Deuprey’s and it was thought it easier to excuse him by consent than to keep him in court awaiting ex- *Betore.tourt adjourned Judge Murph ore court adjourn: udge Mur) admonished the jurors and the procgody- ings were allowed to rest until this morn- ipezat 10 o’clock, when fifty more vanire. ‘Whatever action may be taken at the hearing of the writ of certiorari, the play founded on the Durrant case is effectually disposed of for the present. There can be no production of it before September 2, at the earliest. UNION- PACIFIC'S™ DEBTS, Government Director Coombs Here on a Tour of In- spection. A Clalm Made That the People May Demand a Third Term of Cleveland. William J. Coombs, lately appointed by President Cleveland one of the Govern- ment directors of the Union Pacific Rail- road, arrived here yesterday on a trip of inspection over the road and its branches and connections. Mr. Coombs was elected a member of the Fifty-second and Fifty- third congresses from one of the Brooklyn districts and took a prominent standing on tho Democratic side of the house. He is called the father of the American export trade, in which business he has been for over forty years. Asked about his trip last evening at the Palace, he said: “I have come out to try to form a business judgment of the situa- tion of the Pacific railroads, more particu- larly the Union Pacific in relation to its indebtedness to the Government, in order to prepare to act intellizently with the other directors in framing some plan to relieve it from its embarrassments, more particularly to formulate a plan for settling the indebtedness to the Government. *T have been over most of the system and am very much pleased with the condi- tion in which I findit. I find that some of the feeders are improving in condition, the country opening up much better than I expected tofindit. The Oregon Short Line beyond the lava beds seems to be booming with the new enterprises along its route and the people are happy and contented. “Of course, the Union Pacific is very im- portant to the middle tier of States and it would be out of the guestion to allow the road to be destroyed. “I am going at the question in a busi- ness-like way to trdy to find out what the future can be under good management. The President is very much interested in this matter. It is the one question besides silver that he is deeply concerned about. “The Government can never expect to get all its money out_of it on account of the awful capitalization. It has got to be brought down to a business basis.” Asked about the Government’s taking the road Mr. Coombs said: “I am so thoroughly in favor of the Government's having nothing to do with railroads that I would favor any plan to scale down the amount and free the Government from railroad complications.” Mr. Coombs said that he voted for the Reilly funding bill, believing it the best thing that could be done. =The Government director is an ardent admirer of President Cleveland. Asked about a third term he said: “I don’t be- lieve that he considers it for a moment. Cleveland, I am sure, does not want a third term; but Ican imagine a state of affairs where the people would demand it. You must bear in mind that while he is not the choice of the politicians, there never was a man who ha hold on the ?eople. Mr. Whitney?, I think he would laugh at the idea. Whit- ney would not want to sacrifice himself in a forlorn hope.” “Do you consider it a forlorn hope then?” “Well, you can hardly say that Demo- cratic prospects are very brilliant for the next campaign. If we had as many cards as the Republicans we should find no trouble making a choice.” Asked who he thought would be the most likely to get the Republican nomination, Mr. éoombs said would guess Allison. 1 could not give the grounds for that be- lief, but I have that feeling. He Ahns’ not been in a condition to make enemies.” The Case Against Solomon Dismissed. C. Solomon, the commission merchant, is once more a free man. He was arrested for sending ‘‘matches” by the steamer Santa Rosa to San Diego as “Japanese ware,” The vesscl caught fire owing to the matches igniting, and the Pacific Coast Steamship Company had him arrested by the United 'States authorities. Solomon was able to prove that the shipment was an accident due to the carelessness of his stant, and that he really intended shipping apanese ware.’ Under the circumstances the compary consented to the case being dis- missed by United States Commissioner Hea- cock yesterda; ——-—————— v Family Jar. GREAT AMERICAN IMPORTING TEA CO.'S Stores are selling MASON FRUIT JARS At greatly reduced prices. 1 dozen jars, pints, in box . 1 dozen jars, quarts, in box. 1 dozen jars, half gallons, in box. Insnact onr Imnroved Jelly Glasses. 50c 60c 80c zen. such a strong | AFRO-AMERICAN. SCHISM, The Division in the Rank and File of the Race Is Growing. POLITICS CAUSED THE TROUBLE A New League or the Reorganiza- Etion of the Old One to Be Aimed At. The dissatisfaction among the colored people which became so pronounced in the closing session of the Afro-American Con- gress last week is growing, and’in the opinion of A. A. Collins of Oakland, who was the leading spirit in the opposition, the mass-meeting over which he presided on Saturday night_was merely the begin- ning of the end. He said: We are in this fight to stay toa finish. The fifty-six men who enrolled_their names at the mass-meeting Saturday night as supporters of the movement represent nine counties: San Francisco, Alameda, Sacramento, Kern, Butte, Los Angeles, Yuba, Contra Costa and Yolo, and there are 300 of us in Oakland and San Fran- cisco. Weshall demand either a reorganiza- tion of the present league or: non-political lines or the establishment of a new one that will be & strict race association. There was an effort made in the congress to cast a slur upon the pioneers and native-born California negroes by some of those who have come here from the South. Now we of Cali- fornia birth resent that, for we think we know what our people’need in this State quite as well s do some of those to whom I referred openly in the congress. Yes, it is true that there wasdeveloped in the congress & prejudice of the black men against those of lighter color. But we had some friends among the blackest of them, and the rejudice was not permitted open expression. Ehey aid not dnre £o so far as that, for we are all of the same race. Iam a Republican and so are most of the men who were denied seats in the congress, Mrs, S. W. Layton, Delegate to the Afro-American League. notwithstanding T. B. Morton’s assertion that the “opposition” was & Democratic scheme to break up the congress; and we, as_individuals orin Eo itical organization, are as loyal to the Republican party as he and his handful of fol- Jowers. But the call issued for that congress was for a race congress, not for a political gathering in the interests of T. B. Morton. Yet some thirty delegates from kindred racial so- cleties were denied active participation. There are problems confronting our race to be studied and discussed publicl{ if we would advance industrially, commercially and intel- lectually, and they are questions that cannot be met in political meetings. It was for the consideration of such race advancement that the Afro-American League was originated, and 1 shall continue to oppose its manipulation by political bosses and schemers. I had some sup- port in my fight among the seated delegates in the congress, but we were sumnarily sat upon when we endeavored to oppose the president and his backers. But those political manipulators did nqt pos- sess the courage to attack one of our strong supporters, Mrs. S. W. Layton, or else they were t0o dull to grasp the full purport of her excellent paper. She was not on the original programme of the bosses, but she got a hearing and was loudly applauded, even though she rapped them over the head in a very spirited manner. Some of the paragraphs referred to in Mrs. Layton’s paper are as follows: There is an imperative need of greater unity in questions of vital importance. us is eapable of leadership, and therefore so Monday—Tuesday—Wednesday % MANZANILL A OLIVES This delicate little Olive, though small, is fast becoming a favorite with people of refined taste. They recognize it for the excellent flavor, the tender skin, and solid, but not tough, meat. Now is the time to make its acquaintance, 5 IRROY CHAMPAGNE The wine of the New York Four Hundred. It reigns supreme at the Tuxedo Club; it is Chauncey M. Depew’s favorite; used solely by the New York Central Railroad, and the Champagne of the Vanderbilts, Case[Quarts] Case [Pints] $227 328 LEMOINE SARDINES They b_eing imported from France are especially appreciated by the con- sumers for the pure quality of the oil used, and for the excellent flavor of the tiny fish. The market price in this city is $1.60 a dozen in twenty- five case lots. a Dozen Regular Price, $2.00. Regular Price 76 Cents Cents a Gallon We are 0 | peculiar a people that each and every one of | ve anll that for lack of feet to move &n E:e:«;!‘tgo\ggrk, our remarkable knowing }n:;: has little chance for executing«its gTeat pIANT We must learn to know the interest of mfifled the interest of all, and he who is best quAti o to lead should be sup;;;n'led regardless of per- sonal preferences. As Bishop Arnett says: IS Shoula stop prating our goodness, but be it, live it; accumulate wealth, own lnnds,b: F ries and corporations, and then will we ood as others.” BWe meed more of the educated, prl‘l‘“l‘flk Christ-like ministers among our people ‘i“h none of the groaning jacklegs and tyrannic old kuow-nothings. Another accursed environment of the race is rejudice. We are as prejudiced as the ‘\nfln axons. Stop feeling that you are 8 peculiar ople. T do not like this term Afro-American. ‘ease encouraging the sensitive spirit. 1 hope some set of resolutions may be adopted here in reference to better regulation of gov- ernment or something in reference to ridding the State of its black laws. We should press measures for our advancement in lines of thought, study and general improvement; then will this congress prove a benefit. But if we come here 1o indulge only in lengthy ha- rangues and_oratory, without higher inspira- tion, we shall not be worthy of the coveted title “American citizens.” COLORED 0DD FELLOWS. The Annual Meeting of the District Grand Lodge of Cali- fornia. District Grand Lodge No. 32 of the United Order of Odd Fellows (colored) met in annual session in the Alcazar build- ing yesterday morning, District Grand Master J. C. Rivers presiding. J. L. Derick is district grand secretary and J. C. Ruce of Bakersfield assistant district grand secretary. The district embraces the State of Cali- fornia with a membership of 423, repre- sented by 11 lodges. During the year the order paid out for sick henefits $1882 50, for funerals $505 40, and for other ex- penses $2707 18—in all $570833. The ag- gregate assets of the lodges amount to $13,596 80, represented by investments and money in bank. District Grand Master Rivers presented his annual report, in which he reviewed the work of the order during the year and suggested the forming of an insurance branch of the order, to be conducted by the grand officers. The following committees were ap- Eoint_ed: On grievances and on nglpeals— . Bishop of Oakland, W. M. Stephens .of San Francisco and B. A. Johnson of Sacra- mento; widows and orphans—J. H. Greenly and B. H. Harris of San Fran- cisco and H. H. Gillum of Bakersfield; finance—A. D. French of San Jose, G. W. ‘Wilson of Marysville and B. H. Harris of San Francisco. —_——————— FOR STATE INDUSTRIES. Letters Relative to the New City Hall Elevators. The proposition of the Supervisors and Fire Commissioners to put an electric elevator system in the new City Hall has not escaped the atten- tion of the Manufacturers’ and Producers’ Association. Yesterday letters were sent to the Supervisors, Fire Commissioners and Architect Frank Shea stating that ard electric elevator of California make is uow operating successfully in this City and re- questing that Western elevator manufac- turers be given achance to compete for the contract. Assistant Secretary F. H. Dingle says that the mass-meeting held in Santa Cruz last Saturday evening was a grand success and the people of that city promised to co-operate with the association. This body was represented by Julian Sonntag, M. McGlynn, A. Sbarboro and S. H. Tacy, who delivered addresses. Speeches were made by F. H. Hihn. Duncan Mc- Donald, the chairman, J. R. Smith, Frank Mattison, Mrs. L. U. B, 8, McCann, E. West, W. E. King and W. T. Santa Cruz. The hall was crow: - Jeter of ed. The Trades Unions. At a meeting of Iron Molders' Union No. 164 last evening a report was made that the International Union in its new constitution had adopted a sick-benefit clause, and sick molders will receive $5 a week for six months, in addition to the 8 paid by the local unions. Carpenters’ and Joiners’ Union No. 483 took in twenty-nine new members last evening. Reports were made that business is fair and wages raising, an advance of 50 cents having been made within two weeks. The German branch, No. 304, took in ten new members. e Insure Your Title. No person should buy real estate without having the title examined and insured by the California Title Insurance and Trust Company. Its guarantee will save a world of annoyance and trouble and protect the purchaser and his heirs forever from defective instruments on record. Office: Mills Building, L. R. Ellert, Manager. s e The Debris Commission. At a meeting of the Debris Commission yes- terday, M. Cortez was granted a permit to operate the Sailor Boy hydraulic mine in Sierra, County. Impounding dams were authorized at Big Ravine, Nevada County and Lost Camp, Placer County. Aug. 5, 1895 / EL REPOS0 / ROTHSCHILD- The most popular size of the most popular cigar sold in this city. For eight years we have massed thefe cigars over our counters, and daily the demand increases. 10% SEA FOAM SOAP [NOT THE SEA FOAM BORAX] off on Box Sales for Three Days ‘We have just imported from Johann Maria Farina, Cologne-on-Rhine, three thousand cakes of his famous Sea Foam Soap. Never before has Ameriea used this excellent article, which has won great renown among the Europeans for shampooing, for bathing, and for all toilet purposes. See our window display. “Light as a feather.” 3 We execute all orders with prompt- ness and precision, Cents a Dozen Obtain a *‘Store News,” free, at the stores. We wish your address that we may send you our forty-page illustrated Catalogue, free, ALL CHAMPAGNES REPUCEPR TO $1.50 & PINT GOLDBERG, BOWEN & LEBENBAUM 426-432 Pine Street Telephone: 216-217 Sutter Street in 1, 13, 111; and West 101. 2805 California Street