The San Francisco Call. Newspaper, December 29, 1895, Page 5

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THE SAN FRANCISCO CALL, SUNDAY, DECEMBER 29, 1895. o SIN DEGAS BABED. Clifton Mayne's Startling | Disclosures at Los Angeles. TOLP IN AN AFFIDAVIT. Councilmen Said to Have Par- taken Liberally of a Cor- ruption Fund. AIDING BABCOCK'S SCHEME. Gold Spent With a Lavish Hand to Secure the Support of City Officials. . Dec. 28.—The Clifton E. Mayne’s deposition nited Siates Commissioner Van Diego water companies’ umed this morning in Burr’s private office. E. S. Bab- nst whom Mayne’s allegations Diego, conducied Mayne's exam- tion in ch 1d questioned him with copy of May: fidavit in his hand. s related to the charges of bribery Mayne of the City Councilmen of § and other people having infl rests of E. S, by , was an interested spectator proceedings. Oscar A. €rip- itor for the Fiume Company | noon of the 23d, while Captain Sorrensen is of the opinion that it was earlier in the afternoon when he sighted the vessel in question. There is as yet no news from the res- cuing party which left the Strathnevis in a small boat, hoping to effect a landing on Destruction Island. CockanieR S OF INTEREST TO THE COAST. Judge Williams Talks About the Durrant Trial. WASHINGTON, D.C., Dec. 28.—Isaac G. Atwood of Honolulu is at the Ebbitt House. “The people of Hawalii, at least a large portion of the white people who live there, do not take so much interest in the anuexation question as some people svp- pose,” said Atwood to Tue CaLL corres- pondent. “There are many things that interest them more than that.” A. D. Baldwir. also from Honolulu, is at Wiilard’s. Baldwin is here to urge his Pacific cable scheme through Congress. “I have grave objections as a lawyer to | the manner in which Theodore Durrant was tried,” said Judge Williams of Cal- ifornia, at Willards. ““That the fellow is guilty of murder of Blanche Lamont and Minnie Williams there seems hardly a doubt. Never did circumstances weave about a man sucha network of incrim- inating testimony. “But whether Durrantis hanged or notis matter of little importance as compared to the other question—a question of in- flnite importance, since it involves the | rights of a defendant to fair play and an | unbiased jury. Durrant was tried and | eonvicted by the newspapers of San Fran- | cisco. | “They molded public sentiment against { him; {hey focused upon him a_concen- | trated spirit of revenge of an entire com- munity. Add to this the adroit charge of | Judge Murphy, which all the way through | was a direct order to the jury 1 convict, | for by an indirect mode of imputation he made the jury see what his belief was as | clearly as if he had been one of the prose- cuting attorneys. | “Some six nths ago our Supreme Court reversed a capital case on the ground of a charge almost identical with that of Judge Murphy. It might be reasonably expected to reverse the Durrant case for the same reason, but hardly anybody ex- | pects such a result.” t's in the Sou 2in Water Company. Mayne has low his beard to grow recently and does not look like a man with “one foot in tie grave.” He related is of how he *“worked’’ the Diego for Babcock’s ing the different amounts umstances e paid in as matter the extraordi corruption upted offi- “dseen” to keep abeock and see that they and go back on did not p thelr bar, e employed George *‘bis men”” id not talk with the o tion forces, nd reported his proceedings to Babcock from time to tim When Mayne was turned over for cross- Hunsacker he was calth and all about y be was asked . story of bribery and He replied that two mentiis ago. He then gave his attorney, Colonel Copeland, some anda about it. He said he had e would give the San Diego, because s mind that E. S. Babcock did not keep his agreement | with him. Mayne became very energetic in his statements Jabcock. He stated | that “he ascertained that the latter had d to shift the odiam and share of the bribery onto his shoulders, and had been persecuting him in the Shipton case when he kn he was not guilty. When asked how Babcock knew he was not of wronging Elsie Shipton, Mayne plied that Babcock was well acquainted with bim and any one who was, knew he t of that ch; of the mor ked who told e. ing came when him that Bab- had been pers ting him. He de- clined to answer the on, saying that othing to do with the case. Mr. it had who ne to answer, and he per- sisted in his refusal. Mr. Hunsaker then ked that the matter be certified to Cir- Ros: 1d that the t. f be conti tion. opposing ournmen BREAK FOEK LIBERTY. Members of a Chain Gang Jake Their Escape LOS ANGELES, CaL., Dec. 28.—Within ock of the police station this morning isoners serving s nce in the jail made a bold break for liberty, and up to to-night but two of them had been e There were forty of them all Thipteen ve wass en and unexpected < impossible for the guards who d :hem to and from work to en an effort at pursuit, for if they ake € ; ilr:r; the balance of the gang might follow suit. L e e SEATTLE REJOICING. The Safety of the Steomer Miowera Now Seems Assured. SEATTLE, Wasa., Dec. 28.—Cables re- ceived by the Canadian Pacific officials in this city to-day indicate that the vessel P Sorrensen of the schoos peer sighted on the.23d inst., being ard bound and about sixty miles northwest of Cape Flattery. was the Mio- wera, for the safety of which so much fear has been entertained of late. The Com- peer’s mas‘er believed the ‘craft, from her rigging and general appearance, to be one of the Canadian Pacific’s China liners. Meanwhile an investigation had been coing on, with the result thut messages led. the Canadian Pacific officials to the firm belief that the vessel sighted could have been none other than the Miowera, whigh. had _continued on her course to Australia after the parting of the hawser with which she was towing the Strath- ne According to the cables received none of the-<Canadian Pacific steamers were out of port pn Decemper 23. On that day the ¥ |and many houses are burned. ted to the postponement, but it was | bemng | gat 10 o’clock. | Among those present at an elaborate dinner given by Mrs. Senator Brice last night was Mrs. J. J. Brice of California. All the Pacific Coast Congressmen voted against bonds to-day, except Maguire, and | he being absent was paired against the bill. Maguire is making single-tax speeches in Delaware. Loud returned | from Massachusetts in time to vote to-day. The following named California post- | offices will become Presidential on .Janu- v 1: _ Azusa, Monrovia, Perris, South { i nd Whittier. | Senator White has been appointed to | serve on the following committees: Com- merce, Finance, erritories, Irrigation, Ce ast Defences and Transportation Routes to the Seaboard. | The Postoftice Department has ordered | the branch postoffice station D, Oakland, | to be removed to 115¢ East Fourteenth sireet. | Pensions have besn granted as follows: | | California: Original—Robert Welsh, Sol- | ' Home, Los Angeles. Original widow lla V. Hannum, San Francisco. | , Oregon: Original—Albert Francis,Mount | gels. Fe s L. Mir Oswego. Ad- | ditional — McCollum Russell, Independ- ence. Letters Tell of the Horrors in Armenia and Cruelties to Christians. | Survivors Who Are in Danger of Per. ishing From Exposnre and Starvation. WASHINGTON, D. C., Dec. 28.—The following letters, containing the first news from natives of Armenia, have just been received here. The names, which are omitted in puablication for prudential rea- sons, are given in the original letters: HARPOOT, ARMENIA, Nov. 20, 1895.—Hav- ing passed throngh many an ill, #me of us live, though in extreme destitution. Moslem plunderers and murderers stripped us of everything, so that we have become in need even of a morsel of bread. § wounded. A young giri of 1 death because she would not yield to them; her brother-in-law was shot. Speedy help. Bed, coverlets, ete., everything gone. We hardly found a little herbage to lie down upon it, and turned to Mohammedanism. | In a village with 600 Armenian hou: & mile | oft from the city of Harpoot, sev five per- | sons fell in the massacre. It is very dangerous to get out. The Turks threaten death. Churches, schools Many have d to Mohammedanism by force. The ets are filled with corpses. There has not en & village left unburned. Oh, help us, for Christ’s sake. The loss of the missioneries here has exceeded pounds (equal to £100,000 Ame HADJIN, TURK. mencing from Obruck to Hadjin Armenians were exterminated. Their houses and domestic animals heve been taken away from them. The Armenians in Shar Valley were attacked and plundered, and most of them put to the sword. Every village is de- stroyed. Everywhere governmental instruc- tions are given to Moslems secretly to kill and exterminate the Armenians. an effective and immediate interierence from Christian powers, Christian Armenians will not be found, as every one of them willbea vietim to the sword of the fanetical foliowers of Mohammed. In Marash the first two martyrs were the most godly, wealthy and in every way promi- nentmen. The massacre in Marash was ter- rible. Thousands of them were indiscriminately slaughtered—men, women and children. Many Christian women and children who were shelterea in the massive church build- ings were attacked and killed, and young girls between the ages of 12 and 20 were seized and left mercilessly in the hands of their captors. Many provinces of the country are in this condition, and those who are spared need the help of money and prayers of Christian coun- tries. The loss of the missionaries, though great ($50,000), is confined only to property. They who live cannot leave their hiding- places either day or night. We dare not write things in detail on ac- count of fesr, as such letters will be censured and tbe writers punished. If help does not reach us soon we will perish of starvation in the cold winter. Oh, brother, the chureh, schoolhouse and nearly every Christian institution has been de- stroyed. Where are our sister Christian nations? We solicit them to hasten to our de- liverance. Those wholive here are urged 1o be- come Mussulmans or be killed like the rest. LONDON, Exc., Dec. 28.—A dispatch from Constantinople to the Central News says that the United States has demanded from the Porte the payment of a large in- demnity for the losses sustained by Amer- ican missionaries through the action of the mobs in Asia Minor. Empress of India was anchored in the harhor of Vancouver, the Empress of China in Kobe and the Empress of Japan was-in port at Hongkong. The Miowera is a white and schooner- rigged steamer, answering, in 3 g_eneml way, the description of the craft snghten by. Captain Sorr=nsen, though there is an apparent discrepancy es to time. The captain of the Strathnevis, who still ad- hetes to his belief thut the Miowera has mét with disaster, states that the latter’s hawsers parted at 5 o'clock on the after- —_— To Travel With Rich Ore. DENVER, Coro., Dec. 28.—A large perty of prominent Colorado husinessmen will act as an escort to I. B. Porter of this city, who has been chosen president of the New York Mining Stock Exchange, when he goes to that city to fill the office. The party will travel in a special train of unique character. Tt will carry $1,000,000 worth of ore, besides a big load of pure gold, protected by armed szuards. The party will attend the first call on the New York Exchange. CRY LOUDLY FOR HELP. There is no doubt that unless there should be | MIDDLEMISS' ~ ALIBI, He Told the Truth When He Offered to Prove an Alibi. HELPED BY A POLICEMAN Not Among the Bold Bad Rob- bers on the Ingleside Car Line. PAT WELCH WAS ALSO ABSENT iOfl'icer J. L. Stoddard, Wearing Star No. 415, Comes to the Rescue of the Prisoners. John F. Bronner, a resident at the Pal- ace Hotel, is in thorough accord with Cap-' tain Lees of the Police Department and { believes that the three men now in custody are the villains who nearly scared him to | death last Wednesday night, when they | shot Cashier Clark and carried away the | day’s receipts of the Ingleside Track bar, | as they were being conveyed to the City on the new electric road. Bronner, like a score of other people who | were taken before the prisoners’ cell, could | not recognize them by their features, be- | cause on the night of the hold-up the rob- | bers had their faces covered by handker- | chiefs; but the general make-up of the | men, together with the fact that they were | 1n detention, gave him the impression that | they must be the real culprits. | In pursuance of this and at the sugges- | tion of the police, Mr. Bronner yesterdav | swore to a complaint charging Fred Gardi- | ner, Patrick Welch and Joe Middlemiss with robbery. The men were regularly | booked in the City Prison and Judge Con- | lan placed them under $20,000 bonds each. | This they have been unable to secure and | they are still in durance vile. Captain Lees feels morally certain these | men are guilty; that they deliberately planned the robbery, and that they were | intent upon being successful in it, even at | the cost of one or more lives. l Chief Crowley agrees with Captain Lees in this belief, and most of their subordi- | nates make it a point to keep mum on the | subject, or else agree with their superior | officers. There are a few, however, who manfully declare their belief that at | least one of the accused men is innocent. This Ingleside robbery furnishes one very pointed case which illustrates the amount of wrong and hardship that can be {done by the fear of placing one’s self prominently in opposition to the dictum | of a superior. Here are three men thrown | into a dungeon, under heavy bonds, and heralded to the world as accused of a most outrageous crime. At the same time, one | of these men—Joe Middlemiss—has as clear an alibi as if he had been in the Po- lice Commissioners’ room, with these gen- tlemen present. Still, he suffers the ig- nominy of incarceration, without an ef- fort being made to liberate him and right him in the eyes of the public. Captain Lees stated yesterday afternoon to a CALL reporter that he did not propose to discuss the case through the news- papers. He had caused complaints to be | fited and he would rest the cases with the | court. Captain Lees should know now, for he has been told by one of his own | men, that Middlemiss could not possibly | have been cne of the men who held up | the Ingleside car when nearly $2000 was } stolen and two men shot. | Inexplanationof this it must be said | that Middlemiss, not Gardiner, as erron- | eously published yesterday, is the man | who claimed to have come intown from | the track on Wednesday afternoon some | time prinr to the robbery. Hesaid in a | straightforward manner that he was quite | drunk and had been put off the car. He waited until the next one came along and essayed to get aboard. His condition was | very apparent and the conductor was in- | clined to wave him off. At this juncture, | so Middlemiss claimed, when cross-ques- tioned by Captain Lees, a police officer | told the conductor to let him alone and | be (the officer) would see that no harm | came to the “drunk.” | Middlemiss felt very grateful for this | act of kindness and in his muddled brain decided to remember the name, or at least the number, of the kind officer who saw him safely as far in town as Fourth street. All be conld remember was officer 413. He was sure that was the right number. Captain Lees sought out No. 413 and found that Officer Rourke bore that star. As Rourke was entirely away from the Ingleside, working in the North End, | and as he has ceased wearing his star or | uniform since he has been hunting up the | North Beach fiends, the conclusion was immediately reached that the prisoner | was telling a falsehood. This impression went abroad, and to nearly everybody Middlemiss and his iriends who were captured on the ocean beach by a dozen clever detectives last Thursday night, were guilty beyond any reasonable doubt. Besides the actual culprits in the rob- bery, there were 8 number of men who knew differently. One man especially— Officer Joel L. Stoddard—of Captain Gillen’s Seventeenth-street Station, knew positively that Middlemiss had absolutely nothing to do with the case and should be - liberated. Yesterday he called on Captain Lees and told him what he knew, and it was concerning to this story that the Captain was adverse to giving out any informa- gion on the ground that the case wasin court and he did not want to discuss it in the newspapers. 3 The story told by Officer Stoddard is plain and corroborates Middlemiss in every respect excepting the number of the star he wore. Middlemiss claimed the friendly officer wore star No. 413 and Officer Stoddard’s star bears the number 415—surely not a very grave mistake fora drunken man to make. Stoddard saw the effort Middlemiss was making to be accepted as a passenger on the car. Hesaw that the bemuddled fel- low was far from the center of town, and that he was likely to get hurt trying to board rapidly moving cars, so he kindly volunteered to take charge of him, keep him quiet and land him safely at Fourth and Mission _streets, which he did. During all the trip the policeman had Middlemiss safely pinioned vp against a stanchion of the car, and that very same car is the one which left Ingleside track twenty minutes before the robbery oc- curred. An odd feature in connection with the Middlemiss affair is that on the same car which brought bhim and Officer Stoddard in town was Assistant Secretary Cullen of the Pacific Coast Jockey Club. He had a sack like the one stolen by the robbers, but containing about $6000, the receipts of the association for that day, counting the gate receipts and those from the book- makers, who pay $100 for each day’s privilege to sell pools. Cullen carried the sack, and as heisa particularly careful man and observing he noticed the drunken Middlemiss and the kind attention of the policeman. Right alongside of Cullen was another man—big, burly and of determined mien. This man, who is known commonly as +Billy,” but whose real name is A. W. Detwiler, is one of Harrg N. Morse's choice guardians of the commonwealth. It has been his duty ever since the Ingleside track opened to escort Mr. Cul- len and the association’s funds safely into town. This special officer also saw Mid- dlemiss and Officer Stoddard on the car, and he stated yesterday to a CALL reporter that the car they wereon left Ingleside fully twenty minutes before the robbery occurred. As to Patrick Welch, the red-mustached fellow who is still regarded by the police as the captain of the robbers, it seems to be a well-established fact that he could not have been in the foul deal. Tuesday night he rode into -town from tne track on the same car as Charles Ste- vens and Frank McLain, two barkeepers now employed by Joe Parker of the Bay District Track. This is tie night before the robbery took place. Welch was very much ynder the influence of liquor, and fell from the car, receiving numerous scratches about the hands and bruises about the body, which the police regard as evidence that after escaping with the stolen money he ran into untold barbed-wire fences and posts. The noxt day Welch was still drinking heavily and at night, when the robbery was taking place, Stevens and McLain again saw Welch calmly dreaming off the fumes of the liquor in a comfortable seat at the People’s Palace. Thursday morn- ing and afternoon, twelve hours after the robbery had been committed, Welch at- tended the reopening of the California Jockey Club’s races at the Bay District track. He was still under the influence of liquor, and, as Stevens puts it, ‘‘dead broke.” [t is not likely that, as treasurer of a gang of robbers who had captured nearly $2000 and who had abstracted nearly $750 from the sack before burying it, he would be around his usual haunts and asking stable-boy friends for small loans to buy more liquor. As to Fred Gardiner, he is asimple- minded lad, and his inability to enter into any scheme where violence is contem- plated is vouched for by Attorney George A. Knight and Senator McGowan. Both these gentlemen know him well. There is absolutely nothing to connect him with the robbery, and he explains that the only reason he and Middlemiss were out on the beach when they were arrested is that “Joe,” as he calls his friend, was ill after his debauch, and they had taken one of many like trips under similar conditions, as “Joe’s” only idea of a good thing to sober up on was a good breath of cool salt air. Gardiner's two sisters from Alameda learned for the first time yesterday morn- ing of the trouble in which their brother found himself. They are highly respect- able young women and came over to offer the lad what consolation they could give. Secretary Leake, as well as other officers of the Pacific Coast Jockey Club, is of the opinion that the real robbers are notin custody. He stated yesterday that the re- ward of $1000 offered by the association for the capture and conviction of the robbers still held good. It is likely that at the next meeting of the board it will be decided that the book- makers at the track will hereafter have to pay their privilege fee in at the secretary’s office in the Palace Hotel, instead of at Ingleside. This has been sugzested by Captain Callundan of Morse's Patrol, who isin charge of the policing of Ingleside. This will eliminate a big element of temptation to commit highway robbery where custodians of money have little chance to defend themselves. SHUT OUT UNION MEN. Why a Boycott Was Placed on the Amer- ican Tobacco Company. ST. LOUIS, Mo., Dec. 28.—The National Tobacco Workers’ Union yesterday set forth in a circular to the public the causes that led to the boycott placed upon the products of the American Tobacco Com- {:any. The circular states that the trou- le arose in the J. G. Butler factory in this city when it was purchased by the trust. Active workers for the union were dis- charged from the factory and the other employes warned to avoid unior agitation. Efforts at arbitration were in vain. The circular concludes: “The committee having exhausted all honorable means in its power of making an amicable settlement, and a similar state oi affairs existing in the factory at Louis- ville, the committee decided to place a boycott on all the products of the Amer- ican Tobacco Company.” . RAISING THE FUNDS. Cincinnati’s Efforts to Get the Demo- eratic Convention. CINCINNATI, Omro. Dec. 28. — The finance committee appointed to take active steps to raise money for the purpose of securing the National Democratic Con- vention held a meeting in the directors’ room of the Chamber of Commerce to-day. E. 0. McCormick was selected chairman, and Julius Dexter made some remarks to the effect that the committee must have $50,000 guaranteed on which to go to wo rk An assessment was arranged to raise the amount, under which each railroad is to §ive $1000 and leading hotels $1500 each. . M. Chesbrough, general passenger agent of the Baltimore and Ohio headquarters at 8t. Louis, regards Cincinnati’s chances as excellent. Many Firms Indicted. CHICAGO, Irv., Dec. 28.—The Grand Jury to-day voted true bills azainst thirty- six firms and individuals, either druggists or owners of department stores that sell drugs, the indictments in each case alleg- ing violation of the State pharmacy law, chiefly in poisons not registered, pharma- cists selling poisons without question. Many of those indicted to-day are promi- nent druggsts, wholesale and retail, and Siegel, Cooper & Co. are among the depart- ment stcre firms which have to stand trial. The purpose of the prosecution is to sup- press the sale of drugs except by licensed pharmacists in a legal manner. ———————— Will Not Be a Bidder. NEW YORK, N. Y., Dec. 28.—C. P. Huntington said to-day in regard to a report that the Southern Pacific may be- come a bidder for the Atlantic and Pa- cific railroad at the foreclosure sale: “There is no ground for the report. We have no idea of bidding for the road.” s e San Mateo Suicid SAN MATEOQ, CaL., Dec. 28.—A very sad case of suicide occurred at this city about 7 o’clock this evening. The wife of John Nelson, about 28 years of age, ended her life with carbolic acid while her mind was apparently deranged. She leaves a babe three weeks old. ————— Negotiating for a Loa n. BERLIN, GEerMANY, Dec. 28. — The Boersen Courier says that the American Government is negotiating with leading banks in Berlin for a loan of $200,000,000. ’ DAN BURNS MUST FIGHT. A Legal Battle to Be Started in the Federal Courts of Mexico. FOR THE RICH LA CANDELARIA Stockholders of the Old Corporation, in Annual Meeting, Decide on « * Prompt Action. The long deferred fontest over La Can- delaria mines in Mexico has at last passed the contemplation stage and those directly interested declare that the fight for owner- ship will be commenced imnmediately. As i3 generally known to people in Cali- fornia the Candelaria mines are now in possession of Colonel Daniel M. Burns, who is fast accumulating incredible riches from those mountains of silver in Durango, Mexico, and it is quite as widely under- stood that these selfsame mines have a history bristling with infamy, the equal of which may not be found in the records of any other mining or land scheme on the whole Pacific Coast, Mexico included. It has its Monte Cristo. It is a romance stranger than fiction, with wealth—almost untold wealth—above aught else for the motive and intrigues and machinations for the hopelessly tangled plot. And now at this late day, after more than thirty vears of desultory conflicts, political as well as legal, with all that the word political in this sense signifies, a supreme and final effort is about to be made by a band of determined men, backed with ample capital and able legal talent, for possession of the celebrated mines. Such action is_not altogether a thing of yesterday, though it was more definitely taken up and decided yesterday. The Candelaria Mining Company held its an- nual meeting in the morning at 530 Cali- fornia street, the offices of Thomas M. Osmont being used for that purpose. At this meeting the stockholders were largely represented and undertook for that reason -to .discuss the question of a suitat law against D. M. Burns for pessession of the mining property, and they determined to go ahead with the battle. Calvin Brown was elected president for the ensuing vear and George A. Hill sec- retary. A board of trustees of five stock- holders was also elected, but for reasons given by counsel their names will not be made public, and probably will not until the fight is begun. The company hagd progressec almost as far last April as it has done now, but at the “critical moment A. Powell, its presi- dent, died rather suddenly. His death put the whole matter of law proceedings back. He was one of the few wealthy men left in the company who was not afraid to invest his private capital in a great contest, nor to back his money with his own per- sonal leadership. And he was absolutely determined to enter the lists against Burns on behalf of La Candelaria Mining Com- pany and in what he profoundly believed to be right and a just cause. The loss of Powell was a serious setback for the company, which saw but little hope of taking up his plans and schemes with- out just such another man as its president. And so the contemplated contest was temporarily allowed to lapse, although the proper papers were all in readiness for filing. kae stockholders, however, reviewed the situation carefully and elected E. A. Fraser as president to fill the vacant chair. Fraser proved to be an active officer, for every- thing was going along smoothly in the di- rection of a fight in Mexico when he fol- lowed his predecessor December 19 into the world beyond. Affairs were in_such complete order at the time of Mr. Fraser’s death thai little or no delay was caused, and consequently when the stockholders met yesterday they found the prospects fair for immediate procedure, and Calvin Brown was enabled to assume control at once. The legal battle will take place in the bighest courts of Mexico, and in the fed- eral capital itself—the City of Mexico. Notwithstanding the fairly well-known fact that various men and corporations have laid claim to the Candelaria mines since they were discovered and secured by Dr. Green, the brother of Colonel Green of the Mexican army, in 1862, or around there, this corporation, which met yesterday on California_street, organized in 1863, has all through maintained its integrity as a corporation while claiming rightful pos- session of the mines. George A. Hill, the secretary, stated yes- terday that his company had affairs in condition for entering at once into thesuit atlaw in Mexico, and in the course of a week, or at most two weeks, legal papers would be filed. Thomas M. Osmond is at- torney for the company, and he has the assistance of counsel in the interestin contest. Their contention 1s that Danie M. Burns obtained possession of the Can- delaria mines through representing to the Mexican Government that the properties were abandoned, while at the same time he was acting as superintendent and oper- ating the mines for Columbus Waterhouse with at least twenty-five men. This the company’s counsel assert was an unlawful proceedmg, and, therefore, Burns did not secure rightful ownership of the fabulously rich silver minesin Durango. HONORED THEIR CHIEF. Improved Order of Red Men Hold a Banquet at Goiden Gate Hall. The Improved Order of Red Men gave a banquet at Golden Gate Hall last night in honor of the visit of Andrew II Paton, the great incohonee or head of the order in the United States. The occasion also witnessed the exem- plification of the improved ceremony con- nected with the first degree given by the order. Kor several years an attempt has been made through friendly rivalry of the different tribes to produce an ideal cere- rony, and last night representatives of five local tribes took part in exhibiting the best results yet attained. During the banquet the following toasts were responded to: “The Great Council of the United States,” A. H. Paton; “‘Grand Council of California,”” H. Chase; recitation, Colonel Andrews; “Dues and_Benefits,” J. W. Loren; “Our Order,” J. G. Smith; “En- dowment,” F. Brandt; “Our State,” A. K. Stevens; *‘Our Sister Reservation,” T. B. Eckman; “Tbe Judiciary and the Order,’’ Judge Campbell; “The Press,” C. H. Kimball. During his remarks on the press C. H. Kimball referred in complimentary terms to THE CALL, saying it has been a great aid to the orders in the character and scope of news furnished, the Red Men vparticularly. An elaborate menu was served by Charles F. Seaburg, a member of the order. Among those present were: W. A. Ross, Colonel Andrews, Thomas F. Butler, H. D. Hutt, W, H. Eastman, W. J. Smith, C. H.Kim- bull, F. F. Mann, F. Brandt, H. A, Chase, George W. Lovie, George W. Collins, A. K. Stevens, A. Jackson, Andrew H. Paton, J. H. Jasklyn. J. H.* Lemon, John A. Sampson, M. H. Lichtenstein, Timothy LiY‘n'ch. Johnson Vallejo, W. H. Fiske, ._ Clind, T. Reis, T. Roberts, H. W. Freiermurth, L. Recklesh, C. Antonioli, Dr. E. J. Leonard, E. B. Carr, T. B. Eckman, I. G. Hanks, john J. Joell, John Maguire, J. G. Jeffress, Judge J. A Campbell, Isidor Schwartz, R. J. Harr; B Mordom, A. E. Paine, F. Dréyfalcher, William Rotrosky, J. G. 8mith, L. C. Bertin, A. Gar- rand, H. J. Schroder, William King, S. Silver- stein, Thomas W. Caine, L. Silverstein, Herman Walfinger, August Rudolph, M. Leisen, 7. G. Bonneth, A.G. Hatfield, W. Williamson, 8.1 Olson, Olaf Hansen, Victor Johnson, W. Campbell, W. T. Fallett, M. L. Wheeler, W. C. Johnson, Charles Berry, W. R. Bell, Emil Steen, C. Johnson, E. Johnson, R. Smith. J. Hein, 0. Jacobsen, P. S. Seymour, H. N. Hall, Henry Hoey, H. B. Suttie, C. E. Eagleson, T. C. Cochrane, J. Brenjords, Urban A. Lewis, Joseph Malone, Gus Basiencke. ———————— SECRETARY HOLBROOK OBJECTS. How a Society Had Its Name Taken in Vain. Secretary Holbrook of the Society for the Prevention of Cruelty to Animals, re- ceived a communication yesterday which opened his eyes to the fact that for the last two years the name of the society has boen taken in vain for advertising pur- Pposes. And the worst of it is that the name bas been used to advertise what the secretary considers a cruel and useless invention for tormenting horses. The communication referred to came from Miss C. W. Holden of Los Gatos. The lady stated in her note that she had ordered two automatic bits recommended by the society, hut having sold her i orses in the meantime, she would let the society have the bits at a reduction. Puzzled by this communication, as the society recommends no bits, Secretary Holbrook turned the letter over and dis- covered that it had been written on a sheet, presumably sent round as an adver- tising pamphlet. The sheet had one of the letter-heads of the San Francisco Society for Preventicn of Jruelty to Animals. The printed letter was dated “September 28, 1893,"’ and it ran as follows: Dr. L. P. Britt, 37 College Place, N. Y.—DEAR Sir: Enclosed please tind postal orders, for ‘which send me two five-inch driving bits same as last ordered. I have given the bit one trial. | T used it on & confirmed puller that required two strong men to drive, they alternating as they became exhausted. After a few minutes the animal succumbed and I could drive him with slack lines. Yours, etc., NATHANIEL HUNTER, Secretary. “It is true enough that Nathaniel Hunter was once our secretary,’” said Mr. | Holbrook. ‘“He died just six months be- fore the date of this lerter, however, so if Dr. Britt got an order from him at all it came from another world. 2 “The thing is a forgery on the face of it and nas only been made up to advertise the bits. Mr. Hunter had a sample bit sent to him; here it is,”” and Secretary Holbrook displayed a three-pound arrange- ment of iron and rubber. **We have had that in the office for over three years. Mr. Hunter tried it once and found it cruel and useless. Iremember his telling me so at the time. The fact is our name has been used merely for trade %urposes‘ and the whole letter from Mr. unter is a forgery.”” The matter will be brought before the board of the Society for the Prevention of Cruelty to Animals at its next meeting. WILL OPEN MANY CELLS Judge Bahrs Decides It Is Not a Crime to Carry Burglars’ Tools. An Important Superior Court Decision That Seems to Be Contrary to a Federal Law. Judge Bahrs’ decision releasing James Gleason from the penalty imposea upon him in the Police Court for having burg- lars’ tools 1n his possession, if sustained by the Supreme Court, will be the means of opening many a jail and prison door taroughout the State. It will also place one more obstacle in the path of the police department and make the way of the house-breaker far safer. Judge Bahrs yesterday decided that the law making it a crime to have burglars’ tools in one’s possession is unconstitu- tional and void. This was in the case of James Glea- son who was tried before Judge Low on a charge of having burglars’ tools in his pos- session, and on his conviction Judge Low sentenced him to six months’ imprison- ment in the County Jail. A. B. Treadwell, his attorney, secured a writ of habeas cor- pus from Judge Bahrs, and upon that writ he has been released. The law under which Gleason was ar- rested makes it a crime for a man to be found with burglars’ tools in his posses- sion unless he can prove they came to him honestly, and that he has no intention of putting them to their peculiar and illegal use. This state of things, Judge Bahrs ruled, is unconstitutional because it re- verses the statutory presumption that a man is innocent until he is proved guilty, and also that it throws the burden of proof of innocence upon the defendant instead | of the burden of proof of guilt upon the State. The law is the same as that making the possession of lottery tickets and the pos- session of gambling implements a crime, and they are all claimed to be unconstitu- tional for the same reason. Local authorities differ on this subject, many of them bolding that Judge Bahrs’ decision is wrong and in direct conflict with the Federal law which makes the bare possession of counterfeit coin or bills or counterfeiting casts and dies a crime. Many of them deplore Judge Bahrs' de- cision, and express the hope that the Su- preme Court will not sustain his view of the law. Notwithstanding Judge Bahrs’ decision, or perhaps in ignorance of it, Judge Joachimsen yesterday reconsidered his previous view of the same law and took a stand directly in opposition to the Su- perior Court decision. This was in the case of Charles H. Davis, the well-known burg- lar, who was dismissed by Judge Joach- imsen on Wednesday on the charge of having burglars’ tools in his possession, and was rearrested on the same charge, and who was yesterday sentenced by Judge Joachimsen to six months in the County Jail. The Judge dismissed the first case on the misconception that a recent decision of the Supreme Court, holding that in the case of a man arrested for having lot- tery tickets in his possession it must be shown that he had them for an unlawful purpose, applied to a man charged with having burglars’ tools in his possession. The Police Department was amazed at the decision of the Judge, and on the con- sequences of his action peing called to his attention he satisfied himself that he was wrong. Now Davis’ attorney will apply for a writof habeas corpus for his release on the plea of once in jeopardy. The Police Department has recently had considerable trouble in convicting pérsons caught carrying or manutfacturing burg- lars’ tools, and Chief Crowley has de- termined to break up such practices by getting more strict police regulations passed to cover the case. T. that end he sent the following communication to the Board of Supervisors yesterday : To the Board of Supervisors—GENTLEMEN: To enabie this department to successfully cope with a certain class of criminals who infest this City, I respectfully request that section 4 of order No. 1587 be amended to read as fol- lows: To prohibit the unlawful possession of burg- lars’ tools. A person who makes or mends or causes to be made or mended, or has in his possession, in the day or night time, any engine, machine, tool, false key, pick lock, bit, nippers or imple- ments adopted, designed or commonly used for the commission of burglary, larceny or other crime, under circumstances evincing an in- tent to use or employ or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be used, shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine not exceeding £500 or by im- prisonment in the County Jail not exceeding six months, or by both. Of course, if Judge Bahrs’ decision holds water it will be useless for the Supervisors to pass the more stringent ordinance asked for by the police. —— Held to Auswer. Frederick Albrecht was yesterday held to answer before the Superior Court by Judge Low in $3000 bonds, on the charge of attempt- ing to obtain money by false pretenses. About aweek ago he went to Mrs. E. Schoenemann, who keeps a saloon at 42 Spear street, and pro- duced a wortnless check for $600, on. which he wanted her to advance him $60. He was negotiating for the purchase of a half interest in her saloon. ——————— Suit Against @ Fresno Church. FRESNO, CAL., Dec. 28.—Dr. G. H. de Witt, who recently resi ned the pastorate of the First Baptist Church in this city, which position he heid continuously for the past seven years, to-day filed suit in the Superior Court against the church for $3217, allegea to be due as salary while the plaintiff was pastor. The suit is the out- growth of difficulties between Dr. de Witt and a part of the congregation over finan- cial matters. a0 \— == . EEp W —— WHOEVER WEARS NOVA SCOTIA SEAL SHOES ‘Wiil find things com- ing his way. He’ll save doctor and drug=- gist bills, for he will bave no colds, grippe nor rheumatism, be= * cause the shoes are ABSOLUTELY WATERPROOF. Imitations are very plentiful, but every genuine pair is stamp= ed with the name of the makers, Buckingham & Hecht. MEN’S (ork Sole. . ....$5.00 LADIES’ No Cork Sole. . $3.50 BOYS'..............$3.00 YOUTHS'...........$2 50 MISSES'............$1.75 Out-of=-town orders filled the day received. Kast's 738-740 Market Street EASY Gifts. You _can male a first-class, tasty Xmas gift and never miss the money. A little down and a little each pay- day. x ONYX TABLES, FANCY ROCKERS AND CHAIRS, PARLOR TABLES, CABINETS, COMB CASES. BOOK CASES, DESKS, TABOURETTES, TEA TABLES, ETC. Fancy pieces of furniture are fashionable gifts. Our prices are never higher, gen- erally lower, than those of exclusive cash houses. M. FRIEDMAN & CO., 224 to 230 and 306 Stockton and 237 Post Street. Free packing and delivery, city and suburbs. STORRS’ . - ASTHMA REMEDY - l CURES ASTHMA. Stops the severest paroxysms in ONE MINUTE. 10c, 25c and 50c sizes. All druggists have it, or any size will be mailed on receipt of price to KIBBLER'S PHARMACY . SW. Cor. Larkin and Turk Sts., S. F. NEW WESTERN HOTEL. EARNY AND WASHINGTON STS.—RRE. ‘modeled and renovated, KING, WARD & CO, 80c to $1 50 per day, 34 lan, Rooms ‘uropean_pl 10 $8 per wesk, $8 to $30 per month; -free baihs; bot and cold water every room; fire grates in evers 100m; elevator runs all nignt

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