The San Francisco Call. Newspaper, November 10, 1895, Page 16

THE SAN FRANCISCO CALL, SUNDAY, NOVEMBER 10, 1895. INCOMPREHENSIBLE INCIDENTS IN THE CAREER OF A CONVICT, BY W. C. MORROW. A A A A A A A A A AP I cannot approach this remark:fl_)le ac- count of a man’s apparent inconsistency without being oppressed with an over- powering sense of helplessness in segkmg to probe one of the strangest mysteries of the human mind. It is best, therefore, that I tell the story as it happened and keep to myself whatever bewildering con- clusions I may have drawn. The story is sufliciently dramatic not to need the added interest of acute analysis of its incidents. Most of the facts are familiar to some of my readers, for the narrative concerns a criminal case which had a certain notoriety. The new feature which 1 shall introduce was an extraordinary document given to me by tlieauthorities of the gray old prison at San Quentin. The peculiar bearing which it has upon the case serves not only | asan excellent reason for reviving the | story, but reaily as the strangest and ap- parently most incomprehensible of the | happenings in the case. A man whom it | is convenient to call Garland was arrested in one of the southern counties for a murder of a startling and ferocious charac- ter. So high had been his standing, so gentle and unselfish his nature, so fine and sensitive his temperament, so clear his| intelligence anda so wide his popularity that the community felt shocked and out- raged that he should Le charged at all | For that matter, the peculiar character of the case and the mystery investing it nad used the loi uthorities to call in the | services of a di ished detective from San Francisco to drag light out of the | darkness. Garland’s arrest, to the amaze- | ment of the whole county, was the result | of his investigations. Garland appeared greatly surprised when arrested, but he smiled complacently and made no resistance. On the preliminary examination he exhibited amazement and incredulity when the evidence—mostly circumstantial—was presented, and as he had made no preparations whatever for the introduction of contradictory evidence he was held for trial. It was then that the first manifestations of anger and rebellion appeared in his conduct. Of course, he in- ted on his innocence, and at first de- red that the witnesses arrayed against him were grievously in error and that the evidence was not sufficient for his holding. To every one else the evidence seemed sur- | vrisingly strong and clear, and his holding for trial was expected. In prison, while awaiting trial, he grew more and more impatient, and from charg- ing the adverse witnesses with error he began to talk about a conspiracy to convict an innocent man. Nobody agreed with him on that point, but the more he talked about it the more positive he became. Meanwhile he was displaying a singular indifference concerning his defense, and was eager for the trial to begin. It there- | fore fell upon a few of his many friends to prepare such a defense as they could with- out his assistance. | When the trial came on he would not permit his attorney to chalilenge a single | jurynian except for the clearest cause. The | evidence presented by the State was so | much stronger and completer than that | which had been produced at the prelimi- | nary examination that it seemed to over- whelm the prisoner with gradually in- creasing force. He would stare at the wit- nesses with dismay, apparently horrified more by the intrinsic terrible character of | their stories than by their unavoidable effect on his own freedom or life. He would iook about in a dazed manner, as though he thought himself dreaming and was wondering at the monstrous perversity of dreams. After the case for the prosecution had been closed he sat a complete and pitiable wreck, haggard, stunned and helpless. Seemingly all his faculties were benumbed. So abject was his condition that he was | able neither mentally nor physically to give the smallest assistance to his attor- ney. That gentleman and the prisoner’s friends made as hard a fight as possible, but in comparison with that presented by the State it was manifestly futile. The deduction from Garland’s conduct was that, overborne by a realization of the enormity of his crime and by the inutility of a defense, he had accepted the inevita- ble and was already undergoing that strange natural preparation for the end on the gallows. He was found guilty without any hesi- tation. He sat crushed all through the succeeding formalities—motions for a new trial, appeal to the Supreme Court, his sentence to life imprisonment, which was a concession to his reputation. It was not until all these matters had been disposed of—and we may be certain that, under the circumstances, they were greatly has- tened—and he bad been takento San Quentin, numbered and dressed in stripes, that he seemed to recover the use of his faculties. This he did in a manner that sent con- sternation throughout the great old prison. Suddenly, without any notice whatever, be developed a terrible fury. “I will not submit like a dog!” he shouted. “It is infamous to subject an innocent man to this horrible outrage. My life and freedom were given to me by Almighty God, and it 1s my right and duty to defend them.” ‘With that he made a violent onslaught upon the prison guards, and, as he was a large and very powerful man, he crippled two or three and himself came very near being killed before he could be subdued. Then he was loaded with irons and thrust into the dungeon. For two or three days he raved there in & delirium of rebellious and passionate anger. He defied and cursed the authori- ties and threatened to strangle the guard who fed him. He complained bitterly that he had pot killed some one when his first onslanght was made, but assured those who watched him that he would not be so careless and precipitate in the future. It was supposed at first that he was trying to create the impression that he had become insane in the hope that he would be com- mitted to an insane asylum, where oppor- tunities for escape were more abundant. But soon that idea wasabandoned. Itwas clear that his conduct and speech were em- inently coherent, aud it was belieyed that he had simply yielded to an uncontrollably vicious instinct; and this, I must add with & sense of how deplorable it was, found ac- ceptance as explanation and proof of his commission of the original crime. His terrible violence tlrew him into an illness, and that brought on ex- haustion. In his fever he was delirious, bug not the smallest hint of his guilt could be gleaned from his ravings. This illness was very serious; in truth, it had nearly killed him. When his desperate condition was finally realized he was taken to the prison hospitsl and made comfortable, but it was many weeks before he was cured, and many more before he had regained his strength, During his convalescence he was watched with extreme cavtion, for it was feared that his spirit was held in abeyance only by hislack of health and strength. Be- sides that, something extraordinary was going on within him. I might best ex- plain this in the words of the intelligent | | d guard who had charge of him: *It seemed to me, sir, that from the time he began to understand that we were doing | compelled to acknowled; everything in our power to make him com- | certainty of the deed. but for a peculiar thing that happened sev- eral times. e never would say a word if he could from it, but on those occa- sions of which I speak he would begin by looking at me strangely for a long time and suddenly looking away if I caught his eye. 1did not like his look then. I knew what it meant. In order to make certain I would try him by going closer, and then I could see him gasp and grind his teeth and clench his fingers. He seemed to be suppressing an almost uncontrotlable im- ulse to spring at me and kill me,and I Enew that it would not do for me to wmrc him too far—in defense of my life I should have to kill him. ? “The Warden had said this to me: ‘Tt may be that he cannot resist the impulse to kill, but 1 have an idea thatit is nothing of the sort and that he has no such im- pulse at all. I think his whole plan is to do something which will cause him to_be killea, and that he is trying to nerve him- self up to the task. Such thingsbave been one. The man is abnormally proud, and he is determined not to spend his life in this prison. If he should kill you he would be tried for murder and hanged. That is what he does not want to happen. He wants to make us think that he will kill in order to make us all the readier to kill him 1f he attacks us. If he fails in that he will make a pretense of trying to escape, in order that he may be shot. So you need have no great fear of your life. In all this I may be wrong, and it 1s your duty to keep the closest waich and not be too ready to kill unless you are absolutely sure that your life is in danger.’ “*So I kept these words of the Warden in mind. But on one point I could not agree with the Warden. The man did not act to meas though he were trying to work up | his courage to make an attack, for I don’t believe that he had the smallest particle of cowardice in him. For that matter, what be afterward did,as you are aware, was proof that I was right—that he had no conception of fear.” “Then what do you think was the real nature of his struggle?” I asked. “I thought then it was purely a moral struggle of some sort.” “Not struggling against the desire to murder you?"” “No. Of course that document which you have parports to explain it; but even at that time, while I did not know what was going on in the man, I believed that he was struggling with himself to become & better man.” 1 have given these statements, made by two intetligent men of great experience, so that it may not be said that I am trying to make out a case either for or against this extraordinary prisoner. The guard proceeded to say that finally the man seemed to have won the victory to his satisfaction. It came in rather a dramatic, thouyh quiet, way. The pris- oner, while in the convalescent state, had been placed in a cell with another convict. This convict reported the circumstance to the guard, who told me about it. The cellmate happened to be a sympathetic man and was touched by the despair in which his companion was plunged. With such crude art as was at his command he sought to soften Garland’s mind. This evidently touched Garland. One day when Garland had nearly recovered strength his celimate returned from the prison factory and discovered that a mar- velous chgnge had taken place in his com- panion. The guard thusreported it to me: “‘Instesfl of sitting with his head down and moping from morning till night he was pacing the cell nervously. Smith, his cellmatg, felt a little uneasy, but Garland welconded him so warmly and wrung his hand so cheerily and bhis face was so bright and his eyes so clear that Smith immedi- ately changed his opinion. Garland said to him: ‘My friend, you have been a man and.aTrue friend, and I have been a sulk- ing, surly dog. Forgive me, old man, and let us be the friends that we ought to be.’ And then Garland sat down and cried like a child.” From that day Garland was an utterly changed man. Of course he was not trusted all at once, and of course the War- den, the surgeon, the guards and Smith watched him closely for = long time before it was deemed safe to give him the liberty of the yard. This was all slow and gradual work, but the end of it all was that in time Garland became the best and most useful man in the prison, wnfailingly happy and cheerful, invaluable asa workman, the con- stant friend and supporter of those convicts who were down-hearted and ailing and the stanchest aupgorter of order and dis- ciplive_within the prison walls. The authorities respected him and the pris- oners loved him to a man. The chronology of the story requires the introduction here of a paper written by him and found hidden in his cell long after the terrible tragedy which brings the man’s history to a close. It presents a pe- culiar and paruly foreshadowed feature of the case, but its strange character cannot be ap}.:recis(ed unless it isread in full. It is as follows: A STATEMENT LEFT BY THE PRISONER. If this writing should ever be found— as it must be when the discovery of the need of certain minor repairs in my cell is made—I trust that it will be given such publicity as will operate to the greatest benefit of the race. For myself I care nothing, for shoula it be published during my lifetime some parts of it would not be believed and other parts would be miscon- strued. That it will not be found till after my death—perhaps many years after, though sure to be found sooner or later—should be taken as proof thatitis not written for my own benefit. That as- sertion will be made clearer as this writing proceeds. What human mind can imagine the agonies which I suffered during my trial ? T'shall make no attempt whatever to por- tray them; that, indeed, would be impo: | sible. It seems to me now like some dis- tant, confused and monstrous dream. At first I knew, as well as a sane and intélli- gent man can know anything, that I had not committed the deed. was_as con- scious of my own innocence as the Judge and jury who tried me were of theirs. And yet the evidence of my guilt was in- controvertible. Had I been a member of that jury [ wonld have convicted any de- iendant on the evidence which was pro- duced against me, But it was so impossible for me to have done this awful deed that I was forced to explain the evidence to myself at first on the ground of mistaken witnesses and next on that of a conspiracy. These were natural conclusions. But 1 was compelled to abandon oneand then the other; the witnesses were unimpeachable men, they were numerous, and their testimony was wholly compatible with the circumstantial evidence in the case. Then I reasoned that the whole situation must be unreal. That alarmed me beyond measure. The dream had been too long, too involved, too coherent to be an ordinary dream of slum- ber. Therefore I reasoned that it must be a permanent hallucination. An exhaust- ive mental effort failed to develop the fact that I was carrying on the ordinary con- cerns of my life. ence, I reasoned that I ad become insane and was being held in restraint and that the supposed trial was a hallucination of my Innatic cell, How I hehaved all during that trial I donot clearly remember. The first salient im- pression that remains with me came while I was being prepared for my cell aiter hav- ing been brought to this prison. A terrible thought suddenly flashed upon my mind—it was that no doubt I was sane, that I had been convicted of a fearful crime on the clearest evidence, and that I had actually done the deed ! To have done it I must have been temporarily insane-— 0 insane thatit had left no impression with me whatever. With incredible swift- ness my mind searched and analyzed it- self, and from what it discovered it was the absolute rom that to a fortable and restore him to health, some | complete acceptance of the fact was the kind of struggle began to take place in his | work of an inconceivably short time. mind. 1 should have had no uneasiness The realization that ster threw me into a condition of despera- tion that those who have never experienced it cannot possibly conceive. A mad desire to die nns rid the earth of my frightful presence seized me, I could not bear to think that I had done so dreadful a'thing. So long as I had thought myself innocent Icould live. Indeed, I was morally inno- cent, and would be legally so if my unac- countability could be established. It did not occur to me to make that effort. I realized only that I was a monster; that I loathed and dreaded myself with an in- cenceivable repulsion and fear, and that I mustrend my spirit loose irom the hid- eously distorted clay that encompassed and imprisoned it. 1 made the assault upon the guards for the purpose of having them kill me, as I had no means for killing myself. They were too wise and humane. All during my ill- ness I planned ways of drawing the fire of the guards, but the opportunity did not come. At this time something within me which I did not fully understand—I now know it to have been the divine principle which abides in every human being—was struggling for expression and exercise. I wrestled with it, because I was ignorant of its character and of what its encouragement might lead to, and was blinded by my seli-loathing and a desire to die. Many a time, when just ready to take the step which might provoke a fatal shot, this still, secret and persistent prin- ciple within me sternly throttied my pur- 0se. pIt was not until the ordeal of the cell and of self-examination and unceasing introspection began to operate—and likely they could not have operated had not the gentleness and human sympatby of my celimate weakened the barriers behind which the principle within me groaned— that light began to come through the darkness. What a glorious day it was when the fight had been made and wou and Iemerged into the glowing light of full and radiant manhood! But the best is to come. I have proved that any man may conquer himself if he will, and that when he has won the victory life is so strangely beautiful as to pass the comprehension of those who have never suffered the agonies of the struggle. His- tory is full of such cases, but it is some- thing to see one under our own eyes and read its glorious lesson. Has not my con- duct proved it? And it is only when such a fight is made and such a victory won that life opens out in all its greatness, its fullness, its responsibilities, its bright- ness ana its sweetness. It is only then that true good to humanity can be done, that the vanities and worries of life are lost and left behind, and that a bending to the will of the inscrutable forces which govern us produces content and cheerful- ness. It has come about, therefore, that I re- gard my afilictions as the greatest of bless- ings, seeing that they have set in force a chain of circumstances which have brought me to my present condition of unspeak- able happiness and, I trust, considerable usefulness. With it all has come some- thing which the free world will regard as incredible—a sincere fondness for my life as a convict. But that must be so, else ihe victory had not been won. And now I am here, freer than ever I was before being placed behind the walls of a prison—freer to be a man, freer to do good to my fellow- man, freer to develop into a still nobler pattern of human aivinity. And therefore 1 say in all sincerity—and that will not be doubted—that I would not accept freedom if it were offered, and that I should regard my remova! from this prison as the greatest calamity that could possibly befall me. Here I shail be more than content to spend my days, and here [ hope to remain until the good God above deems5 it time to take my spirit hence. Such is the document which the pris- oner left. Separated from the ante- cedent part of his history it would likely disclose nothing of greater value than the extraordinary explanation of the crime; but when it is compared with the succeed- ing part it will be found, I think, to have a surpassing interest. Let us now begin the close. * It was contrary to the prison rules to permit prisoners serving a life sentence to go outside the walls, where ordinary convicts worked in the quarries. But Garland for many years had been so ex- emplary a prisoner, and his superior intel- ligence and strength were so greatly needed in a certain piece of work that was to be done, that it was decided to send him outside. Accordingly, one morning when those who were 1o work inside and those who were to work outside were falling in line to be marched to their respective tasks, Garland, as usual, was about to fall into his accustomed line of inside workers, when the captain of the yard said: ‘‘Garland, fall into this outside line.” The convict started, gazed wondering at the officer and did not move. ““Fall into this line, Garland : ing to work outside for a while. The prisoner caught his breath and valed, but he did not move. “Fall in!” commanded the sharply, “I—I—can’t,” gasped the man. This was flagrant insubordination—and from the best ana most obedient man in the prison! It could not be permitted. Nearly 2000 eyes were watching the dra- matic scene. The captain was amazed, but his duty was clear and his action prompt. “Fall into this line,” he commanded sternly, ‘‘or go to the dungeon,’” An instant gleam flashea 1n the conviet's eyes; his cnest heaved once, and then seemingly crushed he sank into himself, and ina peculiar slouching manner, en- tirely unlike his customary sprightliness, he shambled into line and stood with his head hanging and his gaze upon the ground. Then the file was oraered to move. The best fornf in which to tell the occurrences of the succeeding few minutes is the language employed by a convict who testified at the inquest held the fol- lowing day by the Coroner: “We marched in twos,”’ he testified, “and Garland and I were together. He walked heavy and dull like. I never saw him walk that wa:ly before. He kept his head down and didn’t look around when we passed through the gate. I thought he was sick, but when 1 asked him about it he didn’t say anything. I think he had a in in his chest, because he breathed irregular and cauiht his breath some- times. He didn’t look up till we got to the toolhouse. We went in and some of us took crowbars, others took drills and some got shovels and things, Gar- land looked all around. He tried two or three crowbars and picked up the heaviest one he could find. He wasa very strong man. ‘‘After we left the toolhouse he acted queerer than ever. First he twirled the crowbar in his fingers like a cane, and kept hefting it to see how heavy it was. I never saw a man handle a heavy crowbar as easy as he handled that one. Then at other tirzes he would look all around, at the sky, at the bay, at the hills and all around, and you are go- officer his chest would swell and heave, and he would step long and strong. Then again he would catch his breath and seem to cry or sob, or something like that, and would mumble to himself something about God’s free earth and a man’s right to enjoy his freedom. Some wild poppies were grow- ing alongside the road, and he picked one and patted it, and tears ran down his face, and asked it ifit was glad it was free and wild. Ididn’t know what to make of him. He wouldn’t say a word to me. I never saw a man act as he did.” This is the convict’s testimony as I have copied it from the records. Henceforward the story must be my own compilation and condensation of all the rest of the testi- mony. A hundred yards or more from the tool- house the procession turned into a small ravine that made from the hills down into the bay. This ravine was commanded by the guard-tower on the bluff overlooking the bay, and swept by the Gatling gun which constituted its chief armament. Except for a clear space occupied bg a road in the bottom the ravine was filled with a rebellious chaparral consisting mostly of stubborn dwarf osks. This 8rowth crept up the slopes on either side. On thenorth- ern side it stopped a few rods short of the summit of the hill, whose rounded top was barren and in greater part covered by the Gatling gun in the tower. One guard was such a mon- l marched at the head of the column of con- victs and one at the rear. Both were armed with repeating rifles. The file had proceeded well ug into the ravine, and at a point where the brush was thickest Garland suddenly broke from the ranks, dived into the chaparral and was immediately lost to sight. The rear guard, who had seen the break, fired a shot. It was instantly echoed by one from the tower and thereupon all the guards avail- able for pursuit turned out, some afoot and others mounted. The file of grisot.lers was| returned at double-quick to the prison and locked within, It was now a matter of a score of armed men and a Gatling gun against one man who carried a crowbar. The mountsd guards quickly deployed 80 as to cover the entire ravine and all its approaches and held their earbjnes ready for action. The guards on foot formed a wide circle and gezan to beat the brush. For all their cantion two guards on foot, while pushing their way close together through the grush, were greeted with a terrible surprise. Before they could real- ize the imminence of their peril a heav: crowbar had sunk into the skull of one ans the other was tripped. The next moment a powerful knee was cruching his chest and a merciless grip was upon his throat. The convict presently arose and with a crowbar in one hand and a rifle in the other began to dodge and dive through the brush. %{em-ing a crackling he stopped and listened, trying bard to discover the direction of the sound. While thus standing he heard a shot at close range and at the same time felt something sting him as might the bite of a snake. He sprang aloft and involuntarily cried out, and then tore blindly through the brush like a mad bull. The reiractory branches nearly stripped off all his cloth- ing and tore his skin 1n a hundred places. From these shallow wounds the blood flowed profusely. Onward and upward he went and finally bounded forth into the clear space on the slope of the hill near the summit. At that moment a half dozen rifles oFencd fire and an instant later there came the fierce, quick fire of the Gatling gun and a tearing up of earth and dust all about him, For a second he paused to raise the rifle and fire; a saddle was emptied on the brow of the nill. But his sane purpose, if he had one, was in the next second abandoned. Throwing down the rifle and picking up the crowhar and swinging it on high, heran to the top of the hill, where he stood openly before every weapon that was hunting his life. Here, while blood streamed down his half- naked body, and grasping the crowbar in his left hand, he waved the right in defiance and shouted unintellizible oaths. The fire from the guards reopened. One volley was sufficient. He dropped the crowbar, threw up his hand and sank to the ground. The guards began to close in. 3 But they soon halted at a safe distance. The conyict struggled to a rest upon one elbow, then sat up, then unsteadily came to his feet, bringing the crowbar with him. The captain of the guard, who led the at- tacking force, had ordered a cessation of the firing. The silence and stillness which now in- vested the lonely man on.the brow of the hill added to the tragic aspect of the scene. He looked about him, his eyes blazing, his breath coming deep and hard; but he stood firmly on foot. For a minute he looked irom one of his mortal enemies to another, an immeasurable hatred, contempt and defiance shining througl the grime and blood of his face. In a hoarse, deep voice he shouted: ‘‘Come on, you dogs, and murder a brave man 1n his tracks! See—I am not afraid to die; yes, to die, you cowards, you herders of helpless men, you cold-blooded murderers! Come closer and see how a brave man can die—how a brave man ,can die free, in the open air, and not behind us and degrading bars. Free, Once more out and abroad in God’s free, wide world, there to die like a man, and a free man! Who would be a grovel- ing convict, cringing under the brutal com- mands of slave-drivers, these hired bulldog euardians of infamous laws?"” He choked and lurched and somesblood escaped from his mouth, but he straight- ened himself at once and resumed his tirade. “Yes,”’ he cried, “to die out in God’s wide, free world, and not like a dogina pit; to die fighting, and drunk with the blood of men. Come on, you cowards! Whiy don’t you finish the lion that you've brought to bay? Are you afraid of this living corpse that you have torn to pieces with lead? Ha, ha, ha! Afraid of a man who breathes through holés in his chest! I'm not a prisoner now, you dogs, but a free man—a free man—standing out alove and free in God’s wide world, as free as the freest man that ever lived!” He choked again, and lurched heavily, and then sank slowly to the ground. The guards closed in. When' they had come near they found the convict lying dead. THE SPANISH ARMY. A Statement of the Forces Now En- gaged in Cuba. - The military journals in Madrid have published the following details on the composition of the forces under the orders of Marshal Campos. His infantry con- sists of seven regiments of colonial foot, each with two battalions, nine provisional battalions drafted from the seven army corps in Spain, and sent out in March, two battalions detached from the garrison of Porto Rica, twenty-seven battalions of the line sent out from Spain during the sum- mer up to the end of August, six battalions of cazadores sent also from the peninsula, and three battalions of marine infantry —in all sixty-one battalions, each of which has a company of mounted infantry. The cavalry consists of two colonial regiments of four squadrons each and eighteen squadrons detached from the cavalry regiments at home, and sent out ten in ‘May and eight in August. The artillery consists only of two bat- talions of earrison artillery and three mounted batteries, which are to be shortly re-enforced by eight more mountain bat- teries with Krupp guns. 7The engineers consist of a battalion of sappers and miners and one colonial battalion. These regular forces have auxiliaries in a bat- talion of military police in Havana, twenty-six companies ot fcot and thir- teen squadrons of mounted porice or civil guards, On paper the regular and irregular forces are computed as follows: %nlantry 59,900, cavalry 3876, ar- tillery 1853, engineers 1415, marines 2700, police 976, civil guards 4400, guerrillas 1152; total, 76,272. These are the official statistics of the troops sent out, or su posed to have been on the local establish- ment, but about 20 per cent must be struck off to form anything like a correct esti- mate of the force likely to be available af- ter the middle of October, when the fine weather sets in. The Government allows people in Spain to know the names of the officers killed or wounded in the principal engagements, but it does not permit the publication of the names of the soldiers Filled or wounded, nor of the men and officers who Lave fallen vic- tims of the yellow fever and other influ- ences of the Cuban climate during the rainy season. All that has transpired is that'a very heavy percentage of the troops has been ‘sent io the hospitals, and that not a few officers had been carried off by the yellow fever up to the end of August. Spaniards of all political parties are, nevertheless, willing to make more sacri- fices to retain their hold upon Cuba and Porto Rica, and they have unanimously approved the orders of the War Minister calling out, three months sooner than usual, the 75,000 conscripts of 1895.—Lon- don Standard = S e A French engineer has conceived the in- teresting idea of reproducing the house in which r?apoleon lived at St. Helena ag an aitraction during the exposition of 1900. The house will be an exact copy of the original, surrounded by panoramic can- Yases representing the natural surround- ings. An Oxfora professor thinks that “Ham- let” was written for a_comic play. Possi- bly. We have seen it presented when it Was a roaring farce.—Cincinnati Tribune. = eI The city of San Salvador, capital of the Central American republic of the same came, is called the Swinging Mat, on ac- nount of its numerous earthquakes. LONG FIGHT FOR A MINE. The Famous Cherokee Blue Gravel Suit Is Finally Submitted. SEVEN YEARS OF LITIGATION. The Bank of California’s Teghnical Struggle for a Valuable Hydraulic Property. The big mining suit of William Alvord et fal. vs. the Spring Valley Gold Mining Company, with the Bank of California and N. D. Rideout as intervenors, wherein the bondholders for seven years past have been attempting to foreclose their mort- gage on the well-known Cherokee grayel mine, was finally concluded in this City yesterday before Judge Prewett. The case is one of the longest drawn out and most bitterly contested that have ever taken place in the State. The court has held various sessions, both in Butte County and San Francisco. It is the same case in the closing hours of which Attornéy T. Z. Blakeman, acting for the bondholders, made his startling disclosures rezarding the conduct of C. W. Cross, the attorney of the mining com- pany, which resulted in his -hastily de- manding of Judge Prewett the appoint- ment of a receiver of the mine pending the litigation. In his affidavit filed before the court the attorney claimed that Cross was virtuauy guilty of betraying his own client for either hi sown gain or that of the Bank of California. He alleged that through some lapse of attention the mining company had for- feited its title to the entire portion of the unworked lead of their mine, and that Cross, as the attorney of the company, had taken advantage of that to step in and *jump” it in its entirety in his own name and that of his two sons. His action, if al- lowed to stand, would deprive the mine of its principal asset. Attorney Blakeman also feared that the water rights by which the mine secured its water, eighty miles frem the works, were in danger of being al- lowed to purposely lapse in order that they might too be relocated. ross admitted that he had taken up the unworked portion of the mine in his own name, but refused to state whether it was for the benefit of all parties concerned or not. -On the “emergency’’ showing made by Attorney Blakeman Judge Prewett at once announced that he would seriously taxe the application for a receivership under advisement and deliver his decision next week. In many other ways the case just con- cluded has been of a peculiar and unusual nature. The contest for the possession of the valuable Butte County mine, while nominally between that of the bondholders and of the corporation itself, is thought in reality to be between the bondholders on one side and the Bank of California and the bank of N. D. Rideout on the other. The principal holders of the bonds are Louis Glass of San Francisco, David Gage or Oakland, Charles M. Fry, W. L. Jenkins and Charles F. Post of New York. The amount of bondsissued to them is §155,000. The two banks appear as intervenors in the case and they have really fought the bonds from the start, over seven years ago. The Spring Valley Gold Company, the nominal defendant, is bankrupt, as its debts amount to more than its assets. C. W. Cross, who, on the records of the conrt, is their attorney, is generally sup- posed to be working in the interests of the two banks. Cross is a high-priced attor- ney and the treasury of his client is abso- lutely empry. The case has already been before the Su- preme Court cnce, and on that occasion the bonds were held to be a valid lien on the property. Now the principal point of contention made by Attorneys F. C. Lusk and J. M. Allen of the two banks and of Cross for the company is on the question of the statute of limitations. i The arguments made against the validity of the bonds on this point, the only one that was not passed upon by the Supreme Court, are of~a purely technical nature, and have never before been broughttoa court for adjudication. e The situation surrounding the execution and delivery of the bonds is also without precedent. The suit to foreclose the bonds was begun on June 30, 1888, just within one day of four years from the maturity of the mortgage. The bonds were originally made out by a New York corporation named the Spring Valley Hydraulic Gold Mining Company. The longest and bitterest fight was made by the opposing attorneysover the legality o¥their 1ssue, and that point was what the Supreme Court 1ast spring decided in favor of the bonds. Judge Prewett holding that they had never been legally authorized by the stock- holders. In 1836 the New York company wished to raise funds, and as the laws of that State forbade an assessment upon the stock the stockholders formally agreed to organize a California corporation, where assessments are allowed, and transfer their assets to the new company, which was duly done. The new corporation for- mally agreed to assume all the obligations of the old company, and especially that created by the bonds. When the bonds were executed in New York they were signed by Trustee Laidlaw there and by him mailed to Trustees Alvord and Low of California for their signature and ac- ceptance. The question of the statute of limitations hinges upon the delivery and execution of the bonds—whether the sig- nature of Laidlaw and his subsequent mailing df it completed the formality or whether it was necessary for the two Cali- fornia trustees to also sign it. If the de- livery took place in New York then the two years’ statute would run against the bonds, although the attorney for the bond- holders contends that by the assumption of the bonds in 1888 by the California cor- poration it created a new and independent promise to pay, good for four years from date. Judge Prewett, in his former decision, decided that the bonds were not outlawed. Although the case was only finally sub- mitted to him yesterday the points are the same as in the former trial, and his de- cision is expected to be given any day, when of course an appeal will be taken to the Supreme Court by the defeated side. WILL INTEREST MINERS, Decision of the Federal Appel- late Court Respecting Locations. Judge Knowles Holds That Enough Time Should Be Allowed for Perfecting a Notice. The United States Circuit Court of Ap- peals has just rendered a decision, Judge Knowles delivering the opinion, that is of considerable interest to minersand par- ticularly to prospectors. It is the finale to the litigation begun some years ago by John 8, Doe, the millionaire lumber- man who*died two years ago, and the ‘Waterloo Mining Company, a Wisconsin corporation. . This legislation involved the priority of right of two locations in the Calico mining district in San Bernardino County, and the tion of a minint- claim; that the claim 0y | succeeding the late Judge Messick. The main question was as_to the time which could be reasonably allowed to a locator in which to perfect his claim by placing mon- uments or stakes on its corners for the vroper indication of its boundaries. It seems that the original locator, Patrick N. Newbill, placed his notice on a spur of ledge and simply stated in it that he claimed 1500 feet in length' and 300 in width oA each side from the center of the lode. His notice he posted in March, 1881, and his claim he called the “Red Jacket.” Less than two weeks later a location of another claim, which they called the “Mammoth,” = was made by Thomas Warden and G. W. Yager, and this claim overlapped, in fact embraced the greater portion of Newbill’s claim. It crossed it at a slight angle. Doe subsequently pur- chased the “Mammoth” and the Waterloo Company bought the *‘Red Jacket.”’ Warden and Yager, when they posted their notice, set up seven stakes as monu- mments to define their boundaries. Suit was brought by the “‘Red Jacket”’ owners in the San Bernardino court to determine the question of priority, and it_resulted in a judgment in their favor. However, an appeal was taken and the State Supreme Court reversed this judgment of the Su- perior Court. The Supreme Court held that merely posting a notice upon a quartz ledge, such | as Newbill had done, is not a valid loca- must be marked by visible monuments or | other indications by which the boundaries can be readily traced, and that Newbill had not done that. The case was accordingl. sent back to the lower court for a new trial. Pending the disposition of this case the owners of the Red Jacket applied for a patent from the United States to all their original claim. Under the Federal law this necessitated the bringing of a new suit by the Mammoth claimant, and when this was done the Waterloo Company had it removed to the Federal court because the parties litigant were citizens of differ- ent States. 3 United States Judge Ross heard the new case and decided that Newbill’s notice was sufficient to inform any one coming on the claim he had already located it, and that should they attempt to locate upon any gortion of it they would be trespassers. He held that the original locator is en- titled to a reasonable period of time in which to complete his location by putting | up the necessary monuments, and s].ecmeg twenty days as such reasonable time. He therefore gave judgment in favor of the “Red Jacket.” Doe appealed, and the appellate court has affirmed Judge Ross’ position. Judge Knowles in his opinion takes occasion to say that the same facts and argument were presented to the Federal appellate court as were to the State Supreme Court, but that it cannot agree with the State Su- preme Court. . A. H. Ricketts was attorney for the Waterloo Company from the beginning of the patent proceedings, and Reddy, Camp- | bell & Metson represented the other side, | peculiarity of the case from a legal point of view is_ that two appellate tribunals, acting on two separate proceedings involv- ing the very same questions, should come to directly contrary conclusions. the decision of the Uniied States Circuit Court of Appeals, the locator is allowed a reason- able time in which to perfect his location. His right to this privilege of time was \ét.oerly disregarded by the State Supreme ourt. ——————— HOW TO ENTER A WOMAN'S HEART. “Prom the Inside” She Told Love—There Are Some Folks Who Do Not Recognize Happiness. Love asked a woman how he could gain entrance to her heart. She told him to enter from the inside. “Why,” asked Love of a coquette, “did you shut the door on me?” *“That you might wish to enter,’’ she replied. *I amount to nothing,” said a small stone, as it rolled from its place in a dam. 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