The San Francisco Call. Newspaper, May 31, 1897, Page 1

VOLUME LXXXI._NO. 182. PRICE F1VE CE BUDD WILL REFUSE TO INTERFERE The Law Must Take Its Course With Murderer Durrant. THE GOVERNOR’S DECISION IS READY. A Significant Telephone Message to War- den Hale at San Quentin—Attorney Deuprey Explains the Hopes of the Defense. Governor Budd has made up his mind | that Theodore Durrant had a fair trial has consequently decided not to in- h the sentence of the court. | ision was prepared yesterday and be ore at 8 be on the boo e De- artment to-day. In fact the writingis e in the office at Sacramento end be entered officially when tie Gov- | T 50 Wires to nis private secretary. y at He was seen by | overnor Budd arrived in this Cit 9:30 o'clock last night. < reporter of THE CALL st the Paluce | immediately on his arrival. The nor was shown a dispatch from Sac- ento setting forth that Warden Hale had been sdvised by telephone from the executive office 10 place the death-watch on Theodore Durrant, as the Governor bad deciied tolet the law take 1ts course. | The Governor read and re-read the mes- | mento. After refiecting | es he broke the silence | by saying: | “I have not telephoned to Warden | Hale to-day.” Then he corrected the statement by add- | ing: I mean that I was notat the tele- | The office was in communication | with the Warden regarding the situation | there.” phene. When pressed for a direct reply as to r the statement from Sacramento | was correct, the Governor said: 1 suali render my decision in the Dur- | rant case and in the Worden case to-mor- You can say that I declined to dis- cuss the matter now.” row, The Governor further said in reply to the duty of the Governor to investigate, no matter what course other Governors had pursued. in the book whether & respite wasgranted, a sentence commuted, or the law left to take its course. The Governor added that the entry could be made in the book by his direc- tion from this City. The decision was not long. “Itwill not occupy four pages of a newspaper,” eontinued the Governor. The Governor was pressed to deny or affirm the message from Sacramento, but would not do either, replying that he deemed it advisable to say nothing untit | the decision was rendered to-morrow. He recurred to the communication by tele- phone which passed between his office at Sacramento and Warden Hale, saying: “I was advised by the Warden that the trouble at San Quentin was not alarming | and that the down.” When asked if Durrant could not pre- vent an execution of his sentence by ap- convicts were quieting | pealing to the United States Supreme Court, the Governor significantly replied, I think not.” Governor Budd said again that his de- cision would be made public to-day. *I gave three hours to-day to a hearing in the Worden case, and have now a few affi- davits to examine to-night. There is just a possibllity that the affidavits may con- tain something to cause a change of mind or a postponement in the Worden case, but T hope to finally dispose of both The entry had to be made | Many Empty Seats in the | Quentin Prison, Caused by the Increase of the Occupants of Dungeons. Main Dining-Room at San i | knowledge by telephone that ke had -e- | ceived a message from the Governor ai- recting a death watch to be placed on | Theodore Durrant. He said: “I have | been informed by Durrant’s father that an | appeal will be made to the United States Supreme Court. In the event of such an sppeal I shall be governed by the advice of the Attorney-General. If the Attorney- | General advises me to execute the death sentence the execution will take place.” In answer (0 an inquiry Wardeu Hale admitted that be did not clearly under- staftd the whole of the telephone message received from Governor Budd. The por- tion that he did catch distinctiy related to | the recent insubordination at the prison. | Later be communicated with the Gover- nor, who told him that if there was any- thing in his message that he could not understana to “let it go."” e A WRIT OF SUPERSEDEAS. The Final Straw Upon Which Hangs the Life of Durrant. Attorney Eugene Deuprey, chief coun- | sel for Durrant, had heard nothing in re- | | | cases to-day. *No, the Durrant case is settled. The decision is made. I cannot tell at what gard to Budd’s decision early this morn- [ ing. | “This is new to me,” he said, “and if it direct questions that the Durrantcase was | hour it will be entered on the book to- | is true I believe that the Governor has al- closed; no ‘more witnesses would be neard, that his mind was freely mads up | on the questions presented, but " that his | decision would not be announced until to- day. Heremarked that the law made it morrow. I must leave the City at 4:30 to-morrow. am going to Yosemite to at- | tend the annual meeting of the Commis- sioners in the valley.” ‘Warden Hale last night would not ac- | lowed matters not connscted with the | main case to influence his judgment. *No, we will not stop in our fight!” aid Mr. Deuprey in aa assertive accent. ‘We believe we have such elements of right on our side that recognition should THEODORE DURRANT, the Murderer of Blanch Lamont, Whose Last Hope in Executive Clemency Expires i'o-Day. ; be granted tiem, and we will, unques- tionably, put them forward. “There is frst our appeal to the Su- preme Court, which 15 not yet decided. Following that we have recourse to the United States courts as an extreme meas- me. “The appeal to the Supreme Court is mainly on the error of Judge Bahrs' judgment, wiich has the same vice as that of Judge Nurpby in regard to the ad- judication of adouble penalty—im prison- ment for fifty diysin the penitentiary and a decree of deah. “Judge Babry' judgment recites that ‘the coer: aavirg inguired inte facts,” etc,, while as a mafter of fact the coury did not inquire into the record as to court procesdings. We demanded an inquiry into the facts in open court, and the mo- tion was denied, and an exception was taken. “These are the questions now pending before tae Supreme Court on appeal. “The transcript on appeal was filed over twenty days ago; the opening brief in be- balf of appellant was served and filed more than ten days ago. On Saturday the Attorney-General served and filed his brief in reply, and by next Thursday the appellant will have filed his closing brief upon the matter of the pending appeal. “The Supreme Court may, if it recog- nizes probable cause for the determination of the questions now presented to it, grant and issue a certificate of probable cause. Such certificate would stay all proceedings until the final dstermination of the ap- peal now before the State tribunal of last resort. “‘The Federal questions are of grave im- portance and will not be overlooked. We have already prepared our papers, and hey will be filed 1i necessary. ““Failing in the State courts we may file our case in the Federal courts and ask for a writ of supersedeas to the Warden of the State prison based upon the proceedings pending. “This will prevent the execation, and can be done either by application to the United States Supreme Court or to those of inferior jurisdiction.” KENTUCKY'S T0LL-GATE WAR. Raiders Continue to Dzfy the Civil and Military Authorities—Maks Threats of Dire ¥ ngeance. OWINGSVILLE., Kx., May 30.—Not- withstanding the fight with the Sheriff's posse last week, in wki¢h two raiders were wonnded, and the presence of the militia at the county seat, the toll-gate raiders of this county continue their depredations. Last night shey took #own a gate on the Wyoming pike. To-night the raiders started out again, avowedly to take down other gates, and Major Allen has ordered each member of the State Guard not able to fight to the hospital 8nd will take the remaining members of the company to repel the raiders. Raider sympathizers from Montgomery and Heming counties were <een near town to-day. They threatened dire things for to-morrow at the trial of Raider Dave Anderson. There is much excitement and fear is expressed for the safey of County Judge Gudill and Bheriff Lane after the troops go on Tuesday. — EL PASO’S ¥FLOOD SUBSIDIAG. Citisens Meet to D-vise Plans for Futurs Protection. EL PASO, Tex., May 30.—The flood is subsiding. Ciuzens' meetings are being held to devise plans for protectiug the city from future floods. The - railroads and the aut horities are not harmonious. The Santa Fe railroad had material loaded on its track and the city was to turnish labor to prevent a break in the levees, but the men did not appear. Railroad Superintendent Trull refuses to further co-operate, and has sent men and worktrains up the Santa Fe track to repair the washouts, as all the damage has been done that can be to the Santa Fe yards. City injunctions against the Texas and Pacificlevees have been stopped and this railroad and the city have come to an understandipg. < It is =aid that hundreds of Mexicans are coming from the Mexican side, claiming to be American' flood sufferers ana de- manding reli Mayor Ariola will take care o all citizens of Juarez needing as- sistance. Several deaths from the floods are reported. WEYLER'S FIENDISH TACTICS Issues Fresh Orders to Kill All Outside the Spanish Forts. GUERRILLASSLAUGHTER PACIFICOS. Bodies of Victims Cutto Pieces and Displayed With a Shocking Sign. “MEAT OF AMERICAN PIG3 EXPECTED SOON.” Starvation Not the Only Thing on the Island for Uncle Sam to Promptiy Check. HAVANA, Cusa, May 3).—More than 150 persons have died from hunger at Artemisa, Pinar del Rio province. The concentration of pacificos near the towns continues. Weyler has issued fresk orders to the army to kill every oné found out- side the Spanish forts. \ At San Antonio de los Banos, Havan province, six poor countrymen, after hav- ing been in the town two days without food, asked permission of the military commander to go a mile outside the forts for vezetables. Permission was granted, but half an hour later the local guerrilla force was sent out “'to operate againsi the enemy.” The guerrillas met six pacificos and killed them. Tneir bodies were bronght to town and cut to pieces. Inone of the streets these bodies were putona table with this inscription: CUBA PIG MEAT FOR SALE. MEAT OF AMERICAN PIGS EXPECTED BSOON. At Rubi and' Navanete, Pinar del Rio province, the insurgents, led by Pena and Ducassi, routed the Spanish battalion of Vergara. At Quinones the battalion of Cananias went to attack the Cuban hospital. The Cubans, knowing of the plan, posted a strong force in ambush near the hospital, When Cananias' aoidiers arrived they were surrounded and defeated in a hand- toband fight. About ninety Spanish sol diers were killed. 3 % F ——— 4ID FOE. THE INSURGENTS, Buccsssful Landing of @ Big Empedition on the Cubaw Coast. Ran ‘WILMINGTON, N. C.,May 30.—A m ber of the crew who has the tug Alexander Jones and.the sshooner John D. Long transferred a big Cuban ex- pedition to the Dauntless at sea May 20, and the cargo was safely landed on the Matanzas coast the same day. The Daunt- less carried sixty-two Cubans, headea by General Nunez, and arms and am- munition valued at $78000. ft wae the second largest expedition landed so far. —— BUSY ON CUBAN MATIEES. President MoKinley W4l Soom Take Im- portant Adotion. NEW YORK, N. Y., May 30.—The Her- ald’s Washington special says: From now until June 10, when he will start on a trip to the Nashville exposition, the Presi- dent’s attention will be devoted almost exclusively to the Cuban question. Important developments may be looked for within that period. The new Minister to Spain and probably the new Consul- General to Havana will be appointed, the report of Calhoun considered, and & formal note to Spain drafted and placed in the hands of the new Minister for delivery upon his arrival at Madrid. By the time Calhoun returns the Presi- dent expects to announce the new minis- ter to Spain and to have practically formulated his instructions to both in re- gard to the offer of mediation which is to be.made and a demand for reparation for the Ruiz outrage. The understanding is that the report of Consul General Lee of the Ruiz invesiigation will be in the hands of the State Department before, Cathoun arrives. The President desires to have a talk with Calhoun, but private communi- cations received from Spa n have enabled him to proceed with shaping his policy wi hout delay. There is practically no doubt the President’s note to Spain will be a formal tender of the good offices of the United States. 1t will be polite but firm, reviewing the whole situation. The administration offi- cials are congratulating themselves that the recent flurry incident to the passage of the belligerency resolution in the Sen- ate has subsided ata time when negotia- tion was about 1o be undertaken for a peaceful solution of the trouble. AN UNEXPECTED CR:VASSE. Carelessness Likely to Result in Great Damage Beiween Baton Rouge and New Orleans. NEW ORLEANS, La., May 30.—A cre- vasse was discovered early this morning at Conradspoint, East Baton Ronge par- ish, eight miles below Baton Roage. Since the river began falliug the levee guards and inspectors have grown slightly care- less.! This morning’s break found them wholly unprepared. The crevasse oc- curred at 2 A. M. The president of the Pontchartrain Levee D.strict was in Bay 8t. Louis, Miss., and could not get to the scene until late to-day. Nothing has been done to close the crevasse, which at 10 o’clock this morning was 125 feet wide and seven feet deep. LI the crevasse is not speedily closed it will be very de- structive, overflowing much rich sugar land between Baton Rouge and New Or- leans. The water has already overflowed the tracks of the Yazoo and Mississippi Val- ley branch of the Ilhnois Central Railway and will laterrupt communication be- tween New Orleans and Baton Rouge. Governor Foster went in person to the scene. He ordered 200 convicts there and announced that he would bring all the availab'e State:force to close the break. It will be impossible to do 0 in less than four or five days and only then if the weather proves favorable. The crevasse is attributed to the caving of a bank. o ————— i John Q. vom Meusdbach Dead. SAN' ANTONIO, 'Tex, May 30.—Ad- vices were received to-day of the death in Loyal Valley of John O. von Meusbach, a member of a. German royal family, who came to Texassixty yearsago wiih Prince Solms and established floll!‘-lhhx: German colonies at Fredericksburs, iningen, Castell ana Loyal Valley. He served sev- eral terms in tae Texas Legisiature. SPIRIT OF VOLT [§ SPREADING All of the San Quentin Convicts May Soon Be Involved. HALE FACING A GRAVE SITUATION. Strike Leaders Become More Defiant in Spite of Punishment. TUMULT CONTINUES ON THE SABBATH. Throughout the Day and Night the Alr Is Rent With Shrieks and Curses, SAN QUENTIN, CAr, May 30.—The State’s big prison is still in the hands of the convicts. The mutiny is not abating a whit. It has spread its contaminating intluence among the prisoners in the out- side gangs and where it will end is the problem tnat is worrying the officials. Four days of bread and water have not broken the spirit of the refractory felons— not a bit of 1t. The riot, which resulted in the wrecking of the prison dungeons yesterday aiternoon, has only added fire to the smoldering fuel. The incidentfrom aconvict standpoint was a victory. The inmates of the dungeons accomplished their transfer to cells much better lighted and ventilated and they are now more defiant than ever. This, in the face of the apathy and uneasiness with which War- den Hale and his subordinates view the situation, acts as an antidote to faint- heartedness. Possibly in a day or so the mutineers will take 1t into their heads to give vent to another grievance by demol- ishing the interior of the tank-houses. The infection of rebellion is manifest- ing itself in many of the most trusted in- mates of the prison. Those who still retain the liberty of the yard and the privilege of attending the dining-room are aiding their comrades in the cells with such suppiies of food as they can secretiy carry away from the tables at meal limes. At dinner-time to-day, as the road squad walked through the yard they peltea the grating of the tank cells with pieces of bread, in spite of the remon- strance of guard and sentry. Any at- tempt of the guards to check this was greeted with pandemonium., It seems like a paradox to say that the convicts of San Quentin exercise privileges that would he the death of a free man. No gang of people could set up a con- certed action to hoot and insult the officers and - visitors to any other Staie institution. The gamut of the curses hurled at the heads of guard or other prison ofticer is blood-curdling in its ferocity. Lynch law would justify the death of any man who used them in the ordinary course of life, yet the striped inmates of this prison bellow their volleys of abuse the day long, and the glory is all to the man who'can curse the victim long- est and loudest. The higher the grade of the officer tha more vehement and ferocious are the terms literally spit into his face. Twice yesterday the men in the dungeons, pre- vious to the outbreak, sent word for the prison physician to attend a sick man, Dr. Lawlor answered the request to ba greeted with such insuiting ana horrible yells that he ran from the prison grounds. The men guffawed a while over the suc- — NEW TO-DAY! A mirror could not lie if it wanted to. he glass has moth- in by flat. the roses of leaving_ your _face, your mirror will tell you so. You can see for yourself I y in danger of ou are losing the admiration which is every wo- | man’s due. You i ’ may not re;llgx tr;;\z. izeit, but he: is o —’ the greatest beauti. fier in the world. Lotions, plasters, creams and cosmetics cannot make as good a com- Etxi&m as health can. TLey cannot hide e story of ill-health. They merely em. phasize . Health shows in clearness of eyesand & - 1, in redness of lips and vivac« ity of manner and expression. Disease is proved positively by the absence of these things. When a woman sees the indica. tions of ill-health in the face, she may with almost absolute certainty look for the cause in one or both of two conditions — consti- pation, and derangement of the s dis- tinctly feminine. These things them- selves are in some degree related, and nine- tenths of all the sickness of women come from them. Dr. Pierce’s Favorite Prescrip- tion, will cure permanently and positively any ‘so-called '*female complaint.” Dr. Pierce’s Pleasant Pellets will cure constipa- tion. There is no reason in the world whya womas should not be perfectly healthy. 1t rests with herself. If she will take these wonderful remedies, and follow a few bygienic measures, she may become per- fectly strong and healthy in all ways. She will gain in heéalth, strength and flesh. Hollows and angles will Flve place to full- ness and m She will be that noblest and most ful of all creation—a per- fect woman. 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