The San Francisco Call. Newspaper, March 26, 1896, Page 11

THE SAN FRANCISCO CALL, THURSDAY, MARCE - 28, 1896. MRS, DAVIDSON NOT GUILTY, Sudden Collapse of the Cele- brated Blackmail Case. NO CRIME WAS PROVED, Dr. Brown Said He Paid Five Hundred Dollars Out of Curiosity. WANTED TO FIND MRS. BADDIN, Judge Bahrs Asked Questions Tending to Assist in the Prosecution of the Woman at the Bar. When the jury, by order of Judge Bahrs, vesterday morning returned a verdict of iittal in the case of the People against . Davidson on the charge of extortion, entire audience deafened any further remarks by loud and continued clapping of ds and stamping of feet, and when the tocratic - looking old lady turned to ave the courtroom with her face beaming with smiles, she ran the gauntlet of hand- shaking from hundreds of men and women who crowded forward to extend their comgratulations. The fact that she was acquitted on a mere technicality did not at all cool the .warmth of her reception, and did not at all clotd the joy which shone in the faces of her sympathizers. Among these were many persons who did not approve of ‘Dr. Brown’s personality or of his methods, and they rejoiced because they reasoned that Mrs. Davidsen’s acquittal would be con- strued as a rebuke to the bellicose pastor wbo had stirred up the dregs of religious scandals as they had never been stirred be- fore. It was openly said in the courtroom and in the corridors by the spectators that the whole affair looked like a preconcerted ar- rangement; that it was more than likely at Dr. Brown did not care to have the details of the ride to Tacoma discussed and to have the whole Overman scandal raked over in a court which could compel tt nce of witnesses, and which Dr. Brown to give the name vy official who, according to y ore the council, approached s berth in the Puliman sleeper and alarmed her. It was a court also that could demand evidence for the innuendoes by Dr. Brown upon ing the so-called inve: ical council. d y that Dr. wn and > heartily si of the whole r and wanted paace. However this may be, it is certain that Dr. Brown could not have testified in any other way than he had done before the church council, so recently held, even had P 0 do so, because that testimony us tribunal was given un- at del eration and with d, correct, am- conuection related by him. Hence, variation fro that testimony would have been fatal to his case in the Superior Court. He was in aquandary. 1f he had told the truth before the council he had to ick to it before the Superior Court, and what he had sworn to before the council was untrue be had to stick to it, no matter what the consequences might be, for those consequences could never by any possi- bility as grave as those resulting from an admission that he had committed per- jury before a body of his fellow ministers. Long pefore 10 o’clock, the hour an- nounced for the opening of court, the room was crowded, an unusually large number of baldheaded men being observed in tbe front row. Downstairs, in what would correspond to the dress-circle of a theater, two long benches, well to the front, were occupied by Christian ladies, all of them apyarently on the cloudy sice of forty, A few younger women stood rear the report- ers’ table, and were among the most inter- ested spectators in the room. - Dr. Brown sat behind his lawyers; Mrs. Brown between him and Deacon Morse. The doctor spent the greater part of the time 1in studying the sphinx- like countenancss of the jurors. The prosecution was strongly represented by District Attorney Barnes, Carroll Cook, Walter S. Hinkle and ex-Judge Louder- back. Next in voint of interest to the doctor was Mrs, Davidson. She retained through- out all the proceedings the dignity and self-possession of a thoroughbred member | of society and impressed the spectators with the idea that she was a very superior old lady indeed, and they did not wonder that she had succeeded in inducing the doctor to borrow $500 of a bank and to pay it to her on account of a Mrs. Baddin, whom he had never seen or heard of be- fore. Her neatly arranged gray hair was topped with a black velvet turban. Her cloak was an elegant mantilla of black Spanish lace, which must have cost, if not a king’s at least a parson’s ransom. The court waited for fourteen minutes for Juror Nolan, who toox his seat with- out any remark, as a matter of course, and who began blushing violently when Judge Bahrs asked, with just a little satire, whether his; alarm clock badn’t gone on strige. _Judge Murphy, who sat with Judge Bahrs as a Yvisitor, enjoyed the satire so much that Juror Nolan’s émbar- rassment ghreatened to drown him in crimson confusion. Almost before Juror Nolan had time to recover from_his blushes, Mr. Hinkle be- gan to make his opening statement, There were no oratorical fireworks in it, it being simply a.didactic narration of facts which the prosecution expected to prove by Dr. Brown. Dr. Brown was called to the stand. In response to questions by Carroll Cook he proceeded to tell the story of Mrs, Dayid. son's visitto him on November 21 of last year. On that evening, in his office in the church, Mrs. Davidson told him that a certain woman—a Jodging-house keeper— had informed her that some time before that conversation a minister of the Gospel and a young woman had called. at_ner lodging=house and bad been observed by her and a lodger in the commission of a certain act. = The sto: went to the effect that on another and subsequent oc- casion the lodging-house keeper visited her and told ber shat she had identified the minister and the young woman as Dr. Charles ‘0. Brown and Miss Mattie Over- man. i Dr. Brown swopre that Mrs. Davidson followed this up by calling his attention to the excited ‘state of public sentiment over the arrest of Lane and Meyer, and also to the fact' that Dr. Brown had made a large pumber of enemies within and without the church by reason of his attitude on social gaestions and in the Dr. Herron controversy.. Mrs. Davidson said further thai the lodging-house kee%er in- tended to publish the scandal if Dr. Brown did not pay her a sum of money, aud that she (Mrs. Davidson) held the secret of the lodging-house keeper't life and was acting a8 her agent in this matter. Mrs. Davidson said that the lodging- | Miss Mattie Overmun were house keeper wanted $1000 down, $75 by. the first of the succeeding January, $45 the first of February and $75 and $45 per month alternately for ten years. Dr. Brown re- plied that those terms were altogether be- yond his resch. She said that she would lry to secure better terms, and a meet- Ing was arranged between her and Dr. Brown for the next day at Mrs. Davidson’s bouse. A bargain was finally struck for $500 down and§35 per month for fivelynru, Mrs. Davidson remarking that “Thank God” she had succeeded in making reason- able terms. The witness admitted that Mrs. David- son seriously alarmed him when she told him that the lodging-house keeper and fioing te swear to the story if necessary. He was afraid because he knew that if such a story were published against him thousands would believe it. It almost drove him mad. He did not fear the revelation of any secret affecting himself, but he feared the publi- cation of the story even though it was false. *“Why did you demand a receipt from Mrs. Davidson ?”’ asked Mr. Cook. ‘‘My purpose in getting that ddcument was to secure tangible evidence to give to the police.of -this City to be used in some way to secure the apprehension and con- viction of the person who had defrauded me,’”’ replied Dr. Brown. : **Who had defrauded you?”, inquired Carroll Cook, with a startled air and"al- most wailing the word *‘defrauded.” - ‘‘Yes,’ replied the doctor; ‘‘who had extorted money from me.” Then the cross-examination was begun by Mrs, Davidson’s counsel. After a few preliminary"questions he touched the vital point in the case, namely, whether Dr. Brown had paid the $500 to Mrs. Davidson through fear of the consequences of a re- fusal, or whether he paid it in order to.as- certain the name and identity of the lodging-house keeper who had threatened him with exposure. - If he had paid the money through fear and the jury had believed him Mrs. Da- vidson would have a hard battle before her, but if he had paid the money for the { purpose of_ ascertaining the identity of Mrs. Jane Elizabeth Baddin the chargeof extortion would fall to the ground. *‘When you were told that a criminal secret of yours would be exposed, you knew that ‘there was nothing in your life to conceal?”’ asked the attorney. “Yes,” was the reply. “‘Mrs. Davidson did not threaten to pub- lish the, story ?'’ “‘No, sir. She_said that she was acting as agent for the lodging-house keeper.” *You were conscious of your own' inno- cence before you took this receipt, and you paid” the money, not because you had a guilty secret but because you wished to as- certain who the guilty parties were and tc punish them ?” “Yes, sir; that was what was in my mind at that time.” *That’s all;'T have no farther questions to ask the witness.” This announcement caused a buzz of surprise among the spectators, the great majority of whom did not understand or fully appreciate the point involved. Judge Bahrs at this stage of the proceed- ings projected himself into the case. Not- withstanding the repeated objections of the attorney for the defendant he plied Dr. ject of having him reply that he was also governed by fear when he paid the $500 to the elegant old lady in the costly Spanish mantila. “Your motive,” asked Judge Bahrs, “in taking the receipt was to secure evidence. What was your motive in paying the money ?’ At first,” replied Dr. Brown, “the whole matter overwhelmed me, but afterward the hnppy thought struck me that 1t would be well worth $50Q to get a receipt and as- certain the identity of the lodging-house keeper. It would be tangible evidence against ber.” Was that the only motive?’’ proceeded Judge Bahrs. The question was objected to on the ground that it was leading. ““It is not leading,” decided Judge Bahrs, sharply. ‘He can tell what the other mo- tives were. If Dr. Brown is satisfied to let that answer stand it will haveto stand.” “Idon’t think,” said Dr. Brown, “that was the only motive or the only thought in my mind. 1 thought then and I think still—and 1 cannot see the meaning of all this dispute here—that it would be a very happy thought to get a receipt.”” Judge Bahrs put another question with the same object in view. ~Finally Dr. Brown said: “Judge Bahrs, I must be honest and I musc tell the whole truth here. On my way from the bank from which T had secured the money I had a feeling of great hope that Mrs. Davidson would give me a receipt in which the name of that woman would be mentioned. I had a feeling in that event that I would be positively in possession of something which would be of value at this hour.” “For what ?"’ asked Judge Bahrs quickly. “For evidence on the charge of extor- tion,” was the reply. “You paid the money,” continued Judge Bahrs, “because you were in fear of the publication of this story ?"” “Yes,” replied the doctor. “At that time?” inquired Mrs. David- son’s-lawyer. ‘At the time of the pay- ment of the money?'’ “Yes; at that time?’ also asked Judge Bahrs. v _ Dr. Brown replied in the affirmative. More questions were put in the same strain, and more objections were raised. Finally, Dr. Brown, in answer to a ques- tion by Mr. Cook, said: “I think that in strict honesty I may say that my main motive was to secure evidence.” “You say the main motive,”” interrupted fludfi? Bahrs. *“Was there any other mo- tive?” Dr. Brown explained that at first he had been willing to_do anything in his power to stop the publication of the story, and he felt that he would glndl{ pay to secure the evidence that would punish the guilty person. “Ican’t see,”” he added, ‘*‘what all this talk is about here. Idon’tthink I did anything wrong to try to get evidence.” “That’s all right, doctor,” said Judge Bahrs, pleasantly. ““You can’t see it, per- haps, but others can.” The Judge proceeded to remark that he was not sure that the doctor meant ex- actly what he said. This raised a laugh, and the court threat- ened to clear out the visitors in the gal- lery if the disturbance should be repeated. | The aefendant’s attorney continued to protest against the questions put by the court. The fact that he was the Judge of the court and was asking leading ques- tions might induce the witness to believe that it would be his duty to answer in the way in which the Judge appeared to want them answered, Mr. Knight suggested. Finally, after a crossfire of questions and objections, Dr, Brown said: “I don’t think I would have paid the money but for the thought that came to me that night. to se- cure_evidence. against the guilty parties.’’ “You would never have paid her a d lar,’” asked the defendant’s attorney, “un- less you weré_ positive you could convict somebody?"” “The moment that thought came to me, as I stood on Mrs. Davidson’s doorstep,” replied Dr. Brown, “I resolved to pay the $506."" “‘Suppose she had refused to give you the name of the lodging-house-keeper, would you have paid it?” *I would never have paia a dollar with- out the name,” was the positive answer of | the witness. This answer created an ap&urenc con- fusion among the counsel for the prosecu- tion. Carroll Cook, with a beamim, smile, suggested that Dr. Brown didn’ understand the technicalities of the law. The aoctor was excusea from testifying any further, and after Detective Seymour had 1old of the result of his invesgation, Mrs. Davidson’s attorney moved that the court instruct the jury to acquit the defend- ant on the ground that tne prosecution had failed to show that the money was paid to Mrs. Davidson throughfear. He quoted several cases in point. J udge Bahrs' thought that the jury should decide whether Dr. Brown bad tes- tified in that way or not and whether he had only one motive in paying the money. Mr. Cook admitted that Dr. Brown had testifiéd that be would not have paid a dollar if Mrs, Davidson had not agreed to Brown with questions with the evident ob- | § g1ve the name of the person for whom she represented herself to be acting. udge Bahrs thereupon asked Mr. Cook whether he consented to_the motion for a dismissal, Mr. Cook said that consistently with his duty as an officer of the court he could not ask for a conviction. - The court therenpon instructed the jury to render a verdict of aequittal, which they did without leaving their seats. After Mrs. Davidson had emerged from the crowd of péople who were offering her their congratulations she was asked whether she had had any previous intima- tion of the outcome of the trial. With the blandest of smiles she replied: “I decline to say anything further about the case.” e R LOVE WAS THE SUBJECT. Two Resignations and Four New Members Were Received. Contrary to expectation there were no unusual incidents at Dr. Brown’s prayer- meeting last night. Two resignations were received and four names for member- ship were banded to the standing com- mittee. In Dr. Brown’s opening prayer after the hymn *‘Rock of Ages” had been sung, oc- curred a passage which might be taken to convey a remote reference to some of the Jambs who loved not the shepherd. and had wandered away from the fold to the hall of the Native Sons of the Golden West. He prayed for those ‘‘whose feet had been withdrawn and turned away from this house of God. May ‘the Lord give THY WLL G0 EIT Professors Barmes, Flugel and Moses to Lecture for Rockefeller. WILL SPEAK 50 TIMES EACH. An Innovation in Public Instruc- tion — Advancement of Two Great Universities. Professor Earl Barnes of Stanford Uni- versity arrived here vesterday, and is at the Grand. Hesays there has been much rejoicing at Stanford ever since the .de- | cision giving Mrs. Stanford a victory in the snit against her. Now, however, every- thing is settling down 1n the usnal quiet, steady way. He says that as a matter of fact the decision will not cause any changes in and about the universily, at least not for probably two years. Mrs. Stanford will meantime be busy adjusting [Sketched from life Professor Earl Barnes, One of the Three Eminent California Educators Who Will Deliver Fifty Lectures at the Chicago University. by a “Cald artist.) them his blessing and accompany them with his spirit.”” The lesson of the evening was ‘Love,” a theme on which the pastor spoke with tender feeling. He quoted Christ’s epitome of the commandments. And, behold, a certain lawyer stood uv and tempted him, ulyln%. “Master, what shall I do to inherit eternal 11 He said unto him, “W law? How readest thou' . And he, answeririg, s “Thou shalt love the Lord thy God with all thy heart and with all thy soul'and with all thy sirength and with all thy mind, and thy neighbor as thyself.”” “These commandments ‘Thou shalt not, thou shalt not,’ grate upon_our inclina- tions harshly at times,” said the doctor. “They are not prescribed because God hates us but because he loves us. Loveis the fulfllling of the law. “I hope that my brethren will pardon me,” he added, “for speaking solong on this subject. It is a great theme—very sweet and comforting.” t is written in the and Barnard and Sister Rogers and others were called upon for prayers. Dr. Brown announced that two resigna- tions had been received. One was that of 8. BSzanick, who desired to afhliate with the Third Con- gregational Church, *‘from which he came to this church with & letter a vear' ago,”’ Dr. Brown explained. - The other wasfrom A. R. Sheriff, who desired to affiliate with the Third Church. Rev. Mr. Vartanian, an Armenian from the Fresno church, offered prayer. Four ladies applied for membership and were favorably passed upon by the stand- ing committee. Their names -will :be an- nounced in church next Sunday. —— MRS. DAVIDSON SILENT. She Declines fofF the Present at Least to Discuss Her Legal Victory. Mrs. Mary A. Davidson is very loth to talk of her acquittal, of Dr. Brown, or, in fact, discuss in any way the characters of the great scandal, the developments of which shocked the ministeriai and reli- gious world. .The woman Wwho bas been instrumental in causing the downfall of one of the most eminent Congregationalist ministersin the land has been suddenly stricken with silence as peculiar as it is unexpected. It may be- possible that she has notyet fully recovered from the abrupt ending of this trial, due as is well understood to Dr. Brown’s unwillingness to tell Judge and jury that fear inspired the payment of the . _The pastor told the ‘ecclesiastical council that it was fear which caused him to gly the coin, but he was unwilling to make the same statement in open court. “I am mot in a position to talk just now,” said Mrs, Davidson last night, “be- cause I am still subject to the advice of my attorney.” - “Would you mind stating if the sudden termination of the trial came as a sur- prise?’ was asked. “Now that is one of the very things 1 do not care to discuss now. To morrow I may be in a position to talk about the cagse, but for the present I must not say one word. I will say, however, and then you must go, that the case is yet capable of rich devel- opments and that everything will come to the surface in due time,’” Mrs. Davidson was also asked if she would take any legal pw‘fs against Dr. Brown or others connected with the case. The aged lady firmly but courteously said: “Wait till to-morrow.” Surrendered Himself. W. L. Carwell called at police headquarters last evening and told Captain Lees he wanted to surrender nimself. Hesaid he saw a Mr. Adams of Stockton on the street and thought he was looking for him. Hi d passed a forged check for $10 on Adams about two weeks ago. to Sheriff Cuniniug- Captain Lees telegraphed ham of Stockton and received.a reply that Car- gy';llkv:lg wanted, so he was booked en route to ckton. Rammeetzo eaa o e For the Lepers. A contribution of $2 50 for the leper fund Was ived yesterday from some charitable m'x‘i’fn:mnx 8/A.C Lo % Brothers Dewing, Vasconcellos, Morse | legacies and attending to other matters pertaining to the estate. Professor Barnes has been interesting himself in the lectures which are de- livered at the Academy of Sciences in con- nection with tneé work of the university, and, are delivered by different.Stanford professors. He says the lectures are not the success that had been hoped for them, and that an;‘rrway Californians didn’t take to lectures. They liked amusements more,’ Continuing, he said that lectures seemed to be dying out over the country. A few years ago the bureaus were sending out throngs of men to lecture on different toE- ics and they had large audiences, but pub- lic taste had now changed very largely. The professor said he did not know but it was a good thing. “The most im};mrhmt news I can give you now,’”” said Professor Barnes, ‘‘is that several professors from California are go- m%.l_)an this year to deliver a series of sci- entific lectures at one of the great institu- tions. . This is important, as it is a new thing and is advantageous, because it tends to connect the thought of this coast with that of the East. The feeling hitherto was that we were so remote that we must fora long time stand alone. This has prevented several educators irom coming here and becoming identified with Stanford. ““The institution I refer to 1s the. Univer- sity of Chicago, founded by Mr. Rockefel- ler, and runs_ on much the same lines as Stanford University. Both were started atout the same time and have been man- aged by young and progressive men. 1dent Harper of the Chicago University is much like President Jordan. 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Ly YTy Ty Ty T YTy Y T Y Ty YT W YT YT T YT T T OO T GREAT WORK. or sample pages will be furnished on b Yy Y T Y YT YT Y TV R Y goeeee AN ELECTRO cceeo; GOLD WATCH stitutions are sort of futh-finders and trail- breakers in-the way in which they are con- duoted.” 5 The lectures alluded to are to be deliv- ered by Professor Barnes and Professor Ewald "Filugel of Stanford University and Professor Bernard: Moses of the University of California. ~ They will each deliver fifty lectures. $ ' It is an im{;orbnp innovation and will create great interest among all educators. *I_am to_speak on the sociology of children and the history of education,” said he, ‘and Professor Fluget will con- tinue his work in ‘Anglo-Saxon, delivering, as 1 and Professor Moses will, two lectures a day. Professor Harper, of the institution, is a great organizer and a man of untiring energy, being much like Dr. Jordan. We Wil go East “probably the last of May to begin delivering the lectures.” Professor Barnes says there are about 1100 students at Stanford. He says the visit of the University of- California ath- letic team .to the East last year did a at deal of good in an educational way. There has been an increased number of students from the East, and interest in California has been aroused. He says, also, that the strite for able men as instructors has grown in recent times, so that. now a competent man gets a§ much as $7000 a year, whereas about the highest -salary formerly was in the neighborhood of $3500. ‘“‘During the Ellst year or so, however,” said Professor Barnes, “‘several of us at Stanford univer- ity were offered higher salaries to go else- ‘where, but nov one went, except in a single instance, when a. professor went to the Lick Observatory.' Struck With a Hatchet, John Summers, grocer, 51 Brady street, was arrested yesterdasy morning and booked at the City Prison on'the charge of dssault witha deadly weapon. He was -later released on $1000 bonds. The-complaining witness is his Wife Mary. She said John was in an ugly tem- r and struck her on the head with a hatchet. he went to the Receiving Hospital and a wound in her scalp was dressed. Asthe doc- tors thought there® was a -possible fracture of the skull they wanted her to remain in the hospital, but she refused. ' : : Carl Vogt’s Money. : The old case of Carl Vogt will- again be threshed out in the Policé courts.* Vogt some months ago came from Hamburg, Germany, with . He claimed that Henry Wehner, a saloon-Xkeeper, y fraud got the torney James F. Bweeffey, with whom it had Dbeen mding certain informatio: Germany. e uw:a,-nnt:‘d‘ for o ing money by prel and the uase was mtuea Juage Conlan. -Now he has been ar- rested nh-'nu e of grand larceny. 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