The San Francisco Call. Newspaper, April 25, 1896, Page 16

16 THE SAN FRANCISCO CALL, SATURDAY, APRIL 25, 1896. HART CHARGED WITH FRAUD, Mrs. Sarah Carr and Her Sensational Allega- tions. WANTS A BIG LEGACY. The Promised Suit Over a Sup- posed Blythe Will Filed Yesterday. NEW START OF AN OLD CASE. All Lawyers in the Proceeding Prefer to Remain Reticent Regarding the Main Facts. Sarah J. Carr has filed her complaint for & share of the Blythe millions,and a new phase of the famous case has been commenced. She demands $5000, which she says was left to her by Thomas Blythe by will, and she demands interest upon it from Apnl4, 1884, the date of Blythe's death. W. H. H. Hart is defendant, and his name figures prominently in the com- plaint in connection with some sensa- tional charges. He is accused of fraudu- lently suppressing and of destroying the will which Thomas Blythe left behind him, and all because his contract to secure for Florence Blythe, the estate of the old man, for a large percentage of the same estate might be impaired. The complaint states that Hart had a eontract with Florence Blythe to secure for her the $3,500,000 left by Thomas Blythe, for 25 per cent of what he was able to win. Thomas Blythe left a will, the complaint continues, leaving among other legacies, $5000to James D. Carr. Hart, it is alleged, has received in pur- suance of his contract much more than the legacy, of plaintiff, and so he was made defendant. Carr died in Trinity County, Cal., on February 12, 1894, still in ignorance of any legacy left to him by Blythe. Since then, however, his widow has learned of the will and the legacy, and as administratrix of her husband’s estate she is suing for it. She prays that 1t be decreed that Hart holds $5000 of the estate in trust for her, together with suitable interest, and that he be compelled to pay the same over to her. Attorneys Pringle and Miller were very reticent concerning the matters in the complaint. *“We can prove every allegation in the complaint,” said E.J. Pringle, “but it would be impolitic for me to disclose our case at this juncture. Everything alleged in the complaint is susceptible of proof by reliable witnesses.” B. M. Miller said that though they had not the original will, they would have no difficulty in proving its existence and the accuracy of their copy by reliable wit- nesses. ‘‘Just what means .were used to induce the parties having the will in their ‘possession to conceal it, or how it came to be destroyed, we are not now in a position to announce,”” said he. “It is certainly very peculiar that Mr. Hart and Mr. Ko- walsky should disagree on such an im- portant matter, as whether or not money was paid for the suppression of the will. Mr. Kowalsky says there was. Mr. Hart says there was not. We will not say at present. “Under the will I believe Mrs. Hinckley would have received more than she has under the code. There was in the will provision for some $300,000 in legacies. This is less than the expenses of the liti- gation which she has undergone. Since draughting the complaint I have been in- formed that the percentage of the estate which Mr. Hart received was not 25 per cent, but it was very large. There will be 2 number of similar suits brought by other legatees I understand, but Iam not prepared to state this authoritatively.” ‘W. H. H. Hart, when shown the com- plaint, announced that part of the allega- tions were untrue and the remainder he did not know anything about. “Ionly saw this Mrs. Carr two or three times,”’ he said, *‘and I never paid her a cent. Ko- walsky must have been drunk when he stated that I paid her $5000. The will was brought to us originally soon after the Bharon case, in which some one had to pay a great deal of money for a bogus pa- per and we were a little wary. As soon as I looked at the paper I was satisfied it was a fraud. “At first they claimed they had the original, but afterward admitted they only had a copy. In this the Phelan property ‘was described instead of the Blythe prop- erty, and old man Blythe knew his prop- erty as well as I or any one else does now. ‘We did not send the will to Mr. Estee, as was inaavertently stated. It was the par- ties who had it in their possession who had Mr. Estee investigate the matter, and he declared there was nothing In it. Morris M. Estee, when questioned in re- gard to the matter, stated in a deprecating ‘way that he had looked into the mattera long time ago, but knew little about it, He excused himself from telling what little he did know. The sea is not of uniform saltness at all depths, for the saltness occasionally in- creases with its depth. NEW TO-DAY. ]}l eoret of a Beautiful Skin White, hands, shapely nail Tuxu hair, with clean wholesoras seaty e tor s oriant Bogtec aelon ot e Pones, produced by GOTE o mos rite and beantifier'in the worid, - "h0 Purifer, Sold throughout the world. Porrex 3 e COproRiTigs, il Toreuny Bovens” O, Y The Hold Is Making Rapid Progress Aft. [Drawn from a sketch made by Captain Kidd of the British ship Hollindale.} 111-Fated British Ship Republic as She Appeared When the Crew Was Deserting Her. Her Fore and Main Masts and the Mizzen Royal Are Gone and the Fire in Her The Tugs Fearless and Vigilant Have Gone Out to ‘I'ry to Pick Up the Derelict. AMID FLAMES, GAS AND SMOKE, Awful Predicament of the Crew of the Ship Republic. COAL CARGO ON FIRE. All Attempts to Quench the Flames Failed and the Men Abandon Her. RESCUED BY A PASSING SHIP. Captain Kidd of the Hollinwood Took the Men Off When All Hope Was Lost. Only 290 miles from port and yet the almost new iron ship Republic had to be abandoned and is now drifting around a derelict. It was only three days ago that During the whole trying time not a man flinched, and the orders of the captain and officers were cheerfully obeyed. Several acts of heroism were performed, but one in particular stands out prominently. John Reynolds, an ordinary seaman, and Ben Foster, an apprentice, volunteered to go down into the lazarette to secure some provisions. The gas fumes were overpowering and both started for the main deck again. Foster got up all right, but Reynolds was overpowered and dropped back into the hold. Foster did not hesitate one instant, but, seizing a wet rag, he put it over his head and rushed back into the lazarette. He caught Reynolds around the waist, hoisted him on his back and, as the latter was just conscious enough to hold on, he got him safely on deck. The entire crew was in | deadly peril, but they cheered the gallant apprentice-boy to the echo. Soon after this the British ship Hollin- wood hove in sight and Captain Hughes of the Republic signaled, “I am on fire,” the same flags that the Alexandra set for the tug Fearless on March 28 last and the Brabloch for the Vigilant on the 7th inst. The Hollinwood put her yards aback and stood by. When the foremast began to sink and sway backward and forward with each lurch of the ship the captain thought it was time to get out, so he lowered his boats and rowed for the rescue vessel. Once on board the Hollinwood Captain Hughes discovered that she also had been on fire and that Captain Kidd had been compelled to discharge nearly 2700 tons of his cargo at Port Lyttleton. The following is the brief report given by Captain Seth Hughes to the Merchants’ Exchange. Later, when he had seen the consignees, he was more communicative : Sailed from Newcastle, N. 8. W,, on Jan- TeE CALL noted the fact that she was uary 22 with a cargo of 3770 tons of Co-opera- tive coal consigned to J. D. Spreckels & Bros. CAPTAIN SETH HUGHES OF THE the nearest port and put into Lyttleton on De- cember 27, where we discharged 2688 tons of coal. Sailed from Lyttloton on February10,and had light northeast and easterly winds. On April 16, in latitude 34 19 N., longitude* 13250 W., fell in with the British ship Republic, from Newcastle, N.S. W,, for San Francisco. Cap- tain Hughes reported that he was on fire and asked us to stand by him in case of accident. Stayed by him until the 19th of April, when he had to abandon his vessel and come aboard my ship. The crew consisted of thirty, all told. It was very rough at the time and it was impossible to save the boats they came with. When we last saw the Republic sheets of flame were coming from the hatches and the main and fore mast went over the side. Captain Hughes is an old and tried navigator and is well known in San Francisco. He saia yesterday: *“On April 10 the first indication that tae cargo was on fire was given. Thin spiral columns of smoke began to creep out of the fore hatch. 1ordered it opened up and found the thermometer registering 57.58 degrees. All the men were put to work and several streams of water were turned into the hold. For nearly a week we worked morning, noon and night, but the fire gained on us in'spite of all we could do. *‘On April 15 the fore and main hatches b'ew off and Dick Jones had his hand and arm injured by one of the hatches and badly burnt by the flames. After that the coal gas kept going off at intervals, and everybody was driven aft, as it was impossible to live in the forecastle. The boats were got out, but an attémpt to pro- vision them failed, and the men could not get any of their clothing. All we had to live on was aft in the cabin, and bhad we been compelled to abandon tne ship with- out assistance being at hand we would have been in a terrible predicament. “On the 16th inst, the Hollinwood hove in sight, and although the thermometer then registered 120 degrees I still had hopes of saving my ship. - We were then only a little over 250 miles from San Fran- cisco, and given & fair wind I could easily have made port. At this time it was rainy. squally and a high sea was running. I signaled the Hollinwood to stand by me, which Captain Kidd did. ‘On the 19th inst. the foremast began to sink, and the decks were so hot that we could barely stand it. I gave orders to abandon the ship and at5p. M. we went away in our own boats. Early on the morning of the 20th inst. the foremast went by the board, and the fall lit up the sky for miles around. About 7. M. the BURNED BRITISH SHIP REPUBLIC.. overdue, and that perchance she was in the same predicament as the ship Hollin- wood that had to put into' a New Zealand port with her cargo on fire, and the Brab- loch and Alexandra, ‘'both of which had to be scuttled in this port in order to save the hulls. All four vessels loaded coal at Newcastle, N. 8. W., and all caught fire, but the disaster to the Republic has been complete, while the Hollinwood escaped with the loss of half hercargo. The Brab- loch and Alexandra lost all their coal and new decks had to be put in, but unless the Republic is picked up by the tugs Fear- less and Vigilant she will probably be a total loss. The voyage of the Republic adds an- other story to the long list of thrilling ad- ventures on the sea. She was on fire for five days, and during that time not one of the crew could go forward and no one had a chance to sleep. The sides of the ship grew so hot that no one could touch them, and around the foremast the deck was burned away. Explosions were frequent, and one of the sailors nearly hed his hand and arm carried away by a flying hatch. The lazarette batch in the captain’s cabin was blown off, and then 1t was shored down, but an extra heavy explosion blew ihe shores through the roof of the cabin and dia other damage. Co. Had unfavorable winds and ' weathe® from the start. . ol On April 11 in latitude 32 deg. 41 min. north, longitude 142 west found the cargo heated in the fore hatch. On April 15 several heavy explosions of gas took place, blowing off Nos.1and 2 hatches. On the 1Gth the ther- mometer registered 120 degrees. The same afternoon I sighted the British ship Hollinwood und asked him toskeep us company, &s we were on fire and might want assistance. On the 17th the heat was still in- creasing and several explosions of gas occurred, and sheets of flames came through the venti- lators and other openings. The fire continued to gain ground until April 19 at 9 P. w., in lati- tude 34 deg. 44 min. north longitude, 127 deg. | 15 min. west, it became dangerous to remain on board. After several more explosions I decided to abandon the ship. Lowered two boats and went aboard the British ship Hollin- wood. After leaving the ship saw several streaks of flames shoot up and the main. ana foremast went over the side. The following is the list of the crew rescued: Captain Hughes, first and second officers, cook and steward, two boatswains, carpenter, sailmaker, donkeyman, one apprentice, two boys and eighteen seamen. Captain W. R. Kidd of the Hollinwood made the following report: Sailed from Newcastle, N. 8. W., on December ‘We had heavy weather to December 22. Inlatitude 49 23 8., longitude 17511 E., found the cargo’ heated in No.2 haich, 8. mainmast followed the foremast and took the mizzen royal with it. Two hours later we could still see the smoke and -the livid glare, but the hull of the ship we never saw again., Captain Kidd treated us with every kindness and we reached .port yes- terday.” Captain Kidd gives this account of his voyage: ‘“We had a cargo of West Wall- send, coal, and when eleven days out I found it was heated. I ran for Port Lyttle- ton, and there the surveyors recommended that the ship be discharged. All they left in her was 1400 tons, and that I have still on board. ' £'On the 16th inst. Isaw.the Republic’s signals and { ran down for her. The smoxe was coming out of her hatches, and I asked Captain Hughes if he wanted to come aboard. He answered that he was going to hold on’ to thelast minute, so I ordered my. gig away and went aboard of her. Hestill insisted on staying by his ship, and we then arranged for night sig- was.able to leave her in nis own boats: he would fire a rocket. Ifit was impossible to get away in his own boats he was to burn a blue light, and then 1 would ‘send my boats to his assistance. “I kept the Republic company until last Sunday, when Captain Hughes signaled that the foremast was settling and the fire increasing. I asked him, ‘What are you going to do?’ and he answered, ‘I will hold on a little longer.” On Sunday evening he signaled, ‘I must abandon her, as the fire is now dangerous.’ I laid the Hollinwood to and waited for his boats. Only two boats could be launched, and one of them had to make two trips in order to get the entire crew aboard my ship. I still stayed by the burning ship, and 2t 7 P. M. there was a big explosion, and the haiches went flaminginto the air. She blazed at intervals all night, and when the flames would shoot along they would make the scene as light as day. -At3:15 A. M. on the 20th inst. the foremast went by the board, and at 5:30 A. m. the mainmast fol- lowed. By this time I saw there was no use in standing by the burning vessel, so [ proceeded an my course. Two hours later we could still see the smoke from th temperature being 98 degrees, Headed for | burning derelict.’” nais. If‘his ship was dangerous and he |, Chief Officer W. Williams has very little to add to the statement made by Captain Hughes. “Everything possible was dore to save the ship,” said he, “but the fates were against us. We had provisions on deck, but the fire and smoke ruined them, and then =again we could not get them, bad as they were, into the boats. The sea was running mountain high in an un- broken swell, and we had to make a jump, one atatime, to get into the bosw. The men were loyal to the last, and when Ben | Dunlap’s Story of His Acquaintance | Foster went back into the cazarette to | rescue John Reynolds they cheered him again and again. All the vessels leaving Newcastle, N. S. W., seem to be playing in bad luck. The ship Knight of St. Mi- chaels, bound for South America, was compelled to put into Sydney with her cargo heated. She was fixed up and is now on her way again.” “I never want another such experience in mine again,” said H. T. Jensen, one of the crew. “I left the Alexandra in Syd- ney, and she just managed to reach port. | Now I find I had almost a similar experi- | ence on the Republic. The heat and the | smoke and the gas were something awful, | and the only chance we haa for a rest was | to liedown on the poop deck. When we | reached the Hollinwood we all heaved a sigh of relief, but when we heard that she also had been on fire our confidence waned alittle. Tam sorry that the Republic is | gone, but I'm more than glad to be back | on the front again.” All the sailors were provided with new | clothes by the British Consul, and then they went to the Sailors’ Home until they are provided with new ships. The Spreck- i OUNLAP O CLEVELMND The Owner of the Large Brook- lyn Hat Works Has No Use for Him. With Grover When He Was Mayor—For Protection. Robert Dunlap, the hatter, who has amassed an immense fortune in recent years by the extension of his manufactur- ing, is at thLe Palace. He came with the hotel men, for he is himself a hotel-owner. His caravansary is the Hotel Breslin at Lake Hopatcong, N. J. The man who has made so much money by supplying headeear to the waiting multitudes lives in Brooklyn, N. Y., where his great hat works are. He is a stout man of about 60 years, with a heavy gray mustache and whiskers ot the Vandyke order. Yesterday when & CALL representative visited him at his rooms he was lying on a lounge, his coat off and the coat drawn loosely over him. He had caught cold and had been jostled about in the excursion so much that while it rained outside he was trying to catcha little rest. Mr. Dunlap has views as to the Presi- dency and what should be done in the forthcoming National campaign and is CHIEF OFFICER WILLIAM{|WILLIAMS X \ 3 4 — OF THE BURNED SHIP REPUBLIC. els tugs Fearless and , Vigilant. passed out through the heads at 4:10 p. M. yesterday. Captains Haske!l and Randell will make an extended search for the derelict, and Superintendent Hawiey is confident that they will bring her in Sunday night or Monday morning. WORDS THAT BURN Into the very marrow of the rascals. In BARRY'S STAR to-day the A. P. A. conspirators roasted. The Sutro-Weaver-Willlamson com- bine; John H. Burk on sale of Judgeship. * ————— ORCHARDISTS AT SACRAMENTO. State Horticultural Society Will Hold Its Meeting in That City. The State Horticultural Society failing to obtain a quorum yesterday adjourned its meeting until May 8, when it will convene at Sacramento. The same subject, “Irrigation for Devel- oping the Quality and Size of Deciduous Fruits,’”’ will be discussed and Prof. E. W. Hilgard of the State University will ad- dress the association on this subject. K open in expressing them, affable gentleman. He has had experi- ences with Cleveland and likes him as a private citizen very well, but draws the line at anything more. “I voted for him the first time,” he said, “but I couldn't do it any longer. When he came out with his free-trade proclama- tion I got from under. ‘You see, I had known Cleveland very well before he became President or thought orit. He was Mayor of Buffalo and I went up there and as the guest of the Queen City Club I met him and lhiked him much. He was very pleasant. There was a banquet and Mr. Cleveland was, as be had been on other occasions, all that could be desired socially. ‘‘But he seemed to get different when he 80t to be President. That's whata great mnnfv of his friends say. He forgot them and let them fall away from him. ,“Who am I for for President? Well, I'm for McKinley, I think. He seems to fit the case as well as anybody I know. I'm for protection first, have to be, figuring ae 1 ao that 1t's the grectest thing we can have. I would vote for a Democrat if he was a .protectionist, though ordinarily I'm about five-eighths Rapnb ican and the other three independent.” He is a ve AN UNPLEDGED | DELEGATION. C. F. Reed Thinks Only Such Should Go to St. Louis. WOULD DO MORE GOOD. If Sent Otherwise the Delegates Will Be Mere Figure- heads. CANROT ACT INTELLIGENTLY. McKinley Might Be Thrust Aside as Blaine Was When Hayes Was Nominated. The sentiment in favor of an unpledged delegation to St. Louis seems %0 be gain« ing daily in California. Charles F. Reed of Auburn, Placer County, the notable Republican leader and delegate to many National conven- tions in times past, is cne of many Repub- licans opposed to pledging the delegation, Mr. Reed has a rare fund of information regarding the political occurences of Cali« fornia and the Nation. He was asked last night what he thought about pledging the California delegation to any Presidential candidate. “I don’t think anything of it,” said Mr, Reed. “To my mind, if a delegation is sent in this way it will be tying it hand and foot and making a nonentity out of it. At the best such delegates would be mere figureheads. They couldn’t do anything if the circumstances should change, as it is always liable to do at any convention, and they would have no power. “Elect good men, men of intelligence, character and probity, and then let them go and do the best they can. The party | platform is sufficient. The delegates have to act in a manner consistent with that, and that is enough. *An intelligent man should surely have some latitude outside of that. If you tie the delegation up you rob it of its real power. “I remember well the time that General Hayes was nominated. It was supposed that Blaine would be the nominee, beyond a doubt, but he wasn’t. Ionly mention this anent the candidacy of Mr. McKin- ley, who is supposed now to have the largs | est support. There is no certainty about McKinley, any more than there was about Blaine. At present he appears to be the choice, the same as Blaine was. “There are so many contesting delega- tions, State and National, that I look for a very warm National Convention. I would not be surprised at allif it got to be red hot. “No delegation should go there tied up. It won’t receive the respect it would other- wise or have anything like the influence. “Iam for any 500 Republican and be- lieve we can elect whoever we nominate. I am only desirous personally that the delegation be sent in such a way that it inay accomplish the most good for Cali- fornia and the coast. In my judgment an unpledged delegation can best do this.” NEW TO-DAY. ITS VERY NICE. FRIEE A PACKAGE OF CREAM CHOGOLATE —WITH OUR— MONEY-SAVING TEAS, COFFEES, SPICES! COLIMA BAKING POWDER. Our 50¢ Teas Cost 75¢ Elsewhere. Our 35¢ Teas Cost 50¢ Blsewhere. EXTRA PREMIUMS GIVEN AWAY, Great American Importing Tea Co.’s 1344 Market st., S. F. 965 Market st., S. F, 140 Sixth st., S. F. 017 Kearny st., S, MONEY- SAVING STORES: 1419 Polk st., 521 Montgomery ot 333 Hayes st., 146 Ninth st., S, 218 Third st., S. F. 2008 Fillmore st., S. P, 2510 Mission st.," S, . 3006 _Sixteenth st,, S. 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