The San Francisco Call. Newspaper, September 14, 1897, Page 1

) L—NO. SEPTEMBER 14, 1897. PRICE FIVE CENTS. A PARTIAL VICTORY FOR MRS. CRAVEN Eight Out of Twelve Jurors in the Fair Case Are in Her Favor. THEY FAIL TO AGREE AND ARE THEN DISCHARGED. y Judge Slack, as a Chancellor, Will Now Be Asked to Pass lidity of Pencil Mrs, Creven has won a partial victory | in the big fight for a portion of the mil- | 1s of the late James G. Fair. Although ble to agree the jury in the famous supported the validity of the so- called pencil deeds by a vote of eight to four throughout their deliberations. The espensibility of deciding the controversy lis upon the shoulders of Judge in his capacity as chancellor. )T ten hours the jurors wrestled with esch other in vain. From start to finish the vote was the same. While the liii- gants and their attorneys paced the corri- dors of the City Hall, the twelve men 1om Judge Slack has styled mis “‘con- | science” were balloting with but one re- | sult. Weary of their efforts to agree they made known their troubles 1o the court t 10 o’clock last night only to'be sent back to their room. | An hour later they returned with the 1e complaint. They told the court | 1at there was no possibility of their com- | to an agreement, and Judge Siack after hearing ibe stories of several of the jurors took pity on them and discharged them. was case abc - the way the vote stood | it the entiresdeliberations of vhe | with the exception of tae first bal- t, when two blank votes were cast:, For Mirs. Craven—R. C. Matti- | <on. H. B. Burlingame. James ¥. Ford, Patrick Minehan, ¥. Martinoni. Louis Marku . D. Douglas, J. som Jr. | the Fair interests—W. 7. | ¥, L. S. Rosenbaum. Bar- | Mich and James Wight. am. W. Patter. | The result of the deliberations of the v was a surprise to the attorneys for the representatives of the dead bonanza | king and his chiidren. From the time that the Judge completed his charge until | the news leaked out that the jurors were | t loggerheads over the valdity of Mrs. they least ven’'s tory, claims, or at were confident of | a majority vote. | gloomy. kept to themselves and were evidentl prepared for the worst. They would dis- cuss none of their intentions in the event that the case went against them, in marked contrast to the Fair forces, who, confident of victory, ridiculed any possi- bilities that might hinge on an adverse verdict. Although not of material value to her sofaras a court of law is concerned, the | vote of the jury may have a material bearing on the case. One more vote would have given her a verdict in accord- ance with the terms of the law re- | cently passed which provides that ] a three-quarter te shall be deemed | the voice of a y. This result, of course, would not necessarily have been a complete victory for her, as the cause was really tried in a court of | equity, Jndge Slack sitting as the chan- | cellor and the jury merely as an advisory | board to assist his conscience, as they say in law. It would have remained with bim to either accept or reject any verdict that the jurv might have rendered. Tmmediatelv upon the discharge of the jury a determined effort was made by the Fair atiorneys to wring frem Chancellor Slack a decision. Attorney Mitchell led | the onslaught, which was bitterly opposed | by Mrs. Craven's advisers. It may be | that they scented dangerin this manner of rushing affairs, for they called for time | quite vigorously, and succeeded in getting | any proceedings postponed until this | morning at 10 o’clock, when the opposing | forces will line up for battle before the | chance After the ginger and the excitement of | Saturdey last the final hoursof the fa- mous case were as free from sensation as a Sunday-school session. There was the‘l ious and id e crowd thronging | usual cu the corridors 2t least an hour before the courtrcom opened. There was a whole | flock of layers present to hear the charge | to the jury and dissect it between times. The opposing attorneys were outin big force, with the exception of the “smasber.” Mrs. Craven and her daughter Margaret and her son-in-law were among the inter- ested spectators. Tne tension of the long, dreary trial, which at an eud after ninety-two days’ hearing, was visible on the counte- nances of Judge and jury. The lawvers, 100, had a touch of Iatitude and spent the minutes awaiting the arrival of the jury | in planning vacations at various resorts. | Notary Coonev, nervous aud excited, | vaunted the courtroom unii: the final | word was beard from the jury. Mrs. Craven was not qunite so impatient. Aiter it became evident that the jurors were likely to spend the afternoon behind closed dours she and her daughter re- the Upon the Va- Famous Deeds. tired and awaited the result at the family residence on Guerrero streel. Judge and jury put in an appearance vromptly at 1 o’clock and the last chapter in the celebrated case was under way. Attorney Delmas shot into the breach as | soon _as the- gavel fell to inierpose an ob- jection to the manner in which Attorney Wheeler - had quoted the testimony .of Miss Craven in relation to a conversation she bad with bim early in 1895. The gal- | lery saw signs of a coming storm between | the two lawyers for a moment, waen Del- T | but Judge Slack would not hear of ‘it This closed the controversy, and Judge | | Slack proceeded at once to charge the | | jury. | Considering the importance and length | of the casethe instructions of the court | were short. Only balf an hour was oc- | cupied in delivering them. In a nutshell | the Judge’s charge involved but three | | questions: First, “Did Fair sign the 'pen-] cil deeds?” second, *'Did he acknowledge | them before Cooney?’” and third, “Were Mrs. Craven and bher friends in a con- spiracy to rob the bonanza king’s esiate?”’ Those who expected the court would | delve into the many ramifications of the l litization which has grown up around the millions of the dead millionaire were dis- | appointed. Aside from the instruciions on law and evidence such asere usualin all charges to juries judee Slack’s charge | was a recital in the plainest language ot | the issues that it has taken the Inwyersi months to thrash out. By way of begin- [ ning Judge Slack said: Gentlemen of the Jury: {in this case wuich you are calied u answer are the foliowing: | First—\Were the two paper writings pur- & 10 bear date the eighth day of Septem- 1804, by which the defendant, Nettie R. e uveyed 10 | r the lands and premises cros:s-complaint herein, and The three questions | pon to | t there were her by described in th purporting to have been acknowledged by the | suid James G. Fair on the twenty-seventh day | of September, 1894, before J. J. Coouey, a | notary public, ever signed by the said James | G. Fair? Sccond—Were the two paper writings pur- porting to bear date the eighth day of Septem- | ber, 1894, by which the defendant, Nettie R. Craven, claims that there were conveyed to | het by James G. Fair the iands and premises described in the cross-compluint berein, and purporting to have been ackt said James G. Fairon the twen er, 1894, Lefore J. J. | seveuth day of Gouey, a notary lic, ever ackuowledged by the said Ja { G. Fair on the 27th day of September, 1594, before J. J. Cooney. a notary public? And —Did the defendants, Nettie R. Craven and zabeth Haskins and James J. Cooney, together with other persons, combine and confederate together and enter into and con- | wledged by tre | DBATH I DEALT BY A TORNADD Fearful Ruin Wrought by Winds in South- eastern Texas. SEVEN AREKILLED AT PORT ARTHUR. Debris of Many Wrecked Buildings. | OTHER PLACES VISITED BY | THE FIERCE STORM. ! i LTSS s | It Is Feared That the New Town of Sabine Pass Has Been Com- pletely Demolishad. coct u fraudulent scheme, combinaticn and | conspirac thems by means of forged documents | and faise evidence the real property deserited | | in w intervention herein? In | estions are simply these: wo pencil deeds, he plaint- | :bits 4 aud 9, signed by James G. Fair? | Second—Were the two | | edged by James G. Fair on the other words | First Were the seucil deeds acknowl- 27th day of 27 And Vas there a conspiracy between Net- tle R Craven, Elizabeth Haskius, Jumes J Cooney andothers for the purpose’of procur- ing tor themsclves by means of forged docu- ments and false evidence the real property de- d iu the complaint in intervention? Esch of these questions s to be answered by you “Yes' or ~No.” Were this acriminal case, continued the Judge, it would be necessary for the people ThE FRUG FAMINE PICTURES IN WESTERN IRELAND. [ From the London Graphic.) Stories of the threatened famine in Ireland, owing to a failure of the crops, have recently been published in ““The Call.”” | danger of great suffering, and prompt relief work has been advocated by prominent statesmen and ecclesiastics. AN ‘\3\ DR AL MEAL Among the agricultural classes there is mas declared that Wheeler's version of the record was not true. Attorney Mitechell averted trouble with a mild objection to Delmas attempting to read from the shorthand notes of bis own stenogranher and McEnerney backed him up. Foote was for putting Mrs. Koehler on the stand again and let her give her narrative-of the incident in her own way. to prove beyoind any reasonable doubt that the deeds were not signed by Fair. In a civil case the issues are decided by | apreponderance of evidence. The Fairside | of the controversy were required to estab- lish that the deeds were not signed by the millionaire or acknowledged belore Notary Cooney,while the intervenor, Miss Virginia for tne purpose of precur.ng for | Seplemter, 1894, beiore J. J. Cooney, a notary 1 f unknown, Frrrz MicHAELs, laborer, residence un- | | of Wi PORT ARTHUR, Tex., Sept. 12.—A tornado, terrible 1n its intensitv, struck this city at an early hour last evening. | Beven people are known to have been | killed, while muny others were injured. Several Severely Injured in the ! 1 | | 1 hour. Every building in the town is of frame construction, except one brick—the Port Arthur Banking Compary building, the far end ana roof of which, were blown away. The bodies of the victims have been sent to Beaumont for interment, no cemetery having as yet been started here. There were many acis of bravery, and the suspense during the severity of the storm was terrible. Advices from Winnie, Tex., say that nearly all the houses there have been blown down and torn away. At Webb all of the barns and one house were demolished and scattered over the country. Nothing can be heard from Sabine Pass as all the telegraphic communication has been interrupted. A relief train left Beaumont to-night for this place and bine Pass. Ed Kirscherner,a prominent citizen,was on a Gulf and Interstate Railroad train on his way to Beanmont when the storm struck this section. “Every one oa the train thought we would be blown from the track,” he said to-night. "It was pitch dark and raining and the wind was blowing like it never blew before.” Itisknown that much destruction was wrought at Sabine Pass, with probably loss of life. Everything possible is being done to establith communication with that place. LaTer.—The followiug telegram has just been received from Mr. Kircherner at Beaumont: “The relief train has just returned from Sabine Pass, It could not get nearer tihan eight miles from Sabine Pass. It is reported that the new town 1s completely gone. Nothing is heard from tne old town. KFrom the reports things look bad there.” NEW ORLEANS, La., Sept. 13.—A dis- patch from Beaumont to-night says the Southern Pacific at that place received a | dispatch from the agent at Sabine Pass, who walked trom Sabine Pass to Port Ar- thur, stating that tbe track for eight miles is washed awey and that about thirty people are missing. 1 | 1 s 1-+ SEEKING BREAKFAST IN . PRSI | Buildings were biown down and great |damage was wrought by the tornado. | The dead: FrANE Arsricut, Kansas City, employed by eiecir.c light company. GEORGE MARTIN, bricklayer, residence known. UNKNoWN MAN, aged 38, May wortH, 13-year-old daughter nsworth. Inxkant sox of W, H. Johnson, blown from its mother’s arms and drowrned. The injured: Mrs, Roy Stafford, right leg broken noar hip; Roy Stafford, legs badly bruised; littie daughter of Stafford, seriously injured. Many buildines were blown down, in- cluding the railroad roundhouse, where | May Ainsworth was kiiled; the nata- terium, the bank building, Townsite Company’s barns, Hotel Hayden, Strong & League’s builaing, shifted off founda- tion; Brennan building, Co'onnade Ho- tel, Spence & Lyous’ building, C. J. Mil- ler's grocery-store, several barns, Kana- di's saloon, the Hereld office, Alfred Wolf’'s saloon, the Hayes building and A. A. Solinski’s grocery. Several residences suffered severely, that of Dr. W. A. Bar- raclough being carried across the street. Many outbuildings ~were completely blown away. From early morning the sky was threat- ening, and a stiff gale, blew. No rain of consequence fell until 4 ». a., and then it was accompanied by a heavy wind, that Continued on Third Page, increased in intensity uutil it reached the enormous velocity of eighty miles- an The agent reports the sinkingz of two tugs and the drowning of Green Moore and Lewis Bettes, prominent steamboat men, at Orange. A later message says that the loss of life at the pass wiil not be so great as re- ported, probably not mors than six or seven. A later dispatch from Sabine Pass says that the loss of property inshore is slight. GALVESTON, TEex., Sept. 13.—At an early hour this morning the wind at Gal- veston gained a velocity of thirty-seven miles an hour. Ships had been fore- warned of the expected storm and things along the dock were in good shape. A few small skiffs were sunk and two barges were driven ashore on the flats west of the wharves. The only building to suffer was the Olympia, the big pavilion at the guifside. Two sections of the circu- lar roo: were carried away. JAILBEEAK AT POCATELLO. Three Men Held for IRtobbery Succeed in Getting Away. SALT LAKE, Uran, Sept. 13.—A special to the Tribune from Pocatello, Idaho, says: A. Monroe, O. Kendall and Charles Hoszan, the three men from Butte who were in jail here awaiting trial on a charge of rcbbing the Oregon Slort Line station at McCemmon, Idaho, on August 8, broke jail this morning and fled to the hills. The men broke the bars out of the steel cage with a brace of the bunk and then dug s hole through the brick walls RETURNING . TO ESCAPE STARVATION ANVIK, Yukox RIVER, ALASKA, Aug. 23 (via Seattle, Wash., Sept. 13).—When the steamer Hamiiton drew up to this little Indian village and wood station this after- noon it found the Alaska Commercial Companyv’s river boat Bella tied up to the bank. She is taking down some eighty “sack.’”” As the Hamilton drew in the Bella’s passengers lined upon the shore to greet her and the new comers. Many of.those on the boat were quick to dis- cover acquaintances in the line on shore and there followed a noisy exchange of greetings. Louis Sloss of the Alaska Com- mercial Company, coming out for the winter, was eviaently astonished at the number of those going up the riverat a time of year when he and other wise ones are going down. Answering the greetings of a number of acquaintances he said: “You people have gone crazy.” Later Mr, Sioss was 1nformed that an- other shipload of people were wailing at St. Michael for the Bella. He said at once that e would advise them to go back whence they came, declaring flatly that there is not food enough on the river to supply them. The neople coming in over the pass are not bringing food with them in sufficient quantities, and a' messenger had been sent to be stationed at Chilcoot Pass to warn such as might not havea full supp!y to go back. Both the trading companies bave quit selling provisions to any but miners, and to them only in the most limited quantities. A check is kept upon all sales, =nd no more than provision for afew days was sold to any one person. This precaution was found necessary, as a few of the weaithiest miners were buying up all the stores as rapidly as they were landed, to the exclusion of others. The company’s siore was closed for a few days afte- the arrival of the Beila, so that stock could be taken and arrangemenis made to defeat the schemes for cornering what there was. Mr. Sloss said that this policy of limit- ing the sales will be continued. This plan, however, works both ways. While 1t prevents the heaviest operators securing all they desire, to the exciusion of the in- dividual, it also prevents the individual from securing enough to enabie him to go into the hills for the winter prospeciing. “All records bave been broken this year,” said Mr. Sloss, *and there is no basis for computing what demands will be made npon our stores. We have not taken provisions into the country in any have goue in in excess of the amount and the numver of last vear. That would have been impossible, as the facilities were not commensurate. So far as my observation goes, too, the people who were coming in over the pass were not bringing provisions with them. There- ifore, there cannot help being a scarcity and consequent distress, and my advice to such as these is to turn round and go back. Iintend to advise the passengers who came up on our boat, the Excelsior, and who are now at St. Micheel, to go back to San Francisco, and I will give them free transportation if they will accept it.” Asto the richness of the new diggings, the near approach to them does not in any wise alter or amend the glittering tales that were told by the first invoice of San Francisco only about six weeks ago. If there be any alteration it is to strengthen the story as originally told. The eighty ‘miners on board the Bella are carrying out with them a net weight of gold vaiu'd at not less than three- quarters of a million doilars. ltisim- possible to get at a close estimate, for many individuals are wary and refuse to give the amount they carry, while they keep such close guard over it as to leave no doubt that it is treasure. Those who took paias to make inquiries on the way down give widely varying figures. One placed it at half a million dollars, another 80,000 ounces or §1,120,000. Let either be true, this much is certain that tne new dig- gings are rich beyond anything in the his- tory of placer mining. “You will see more gold in one saloon in Dawson City,” said Hugh Haggerty, one of the number, “than you ever dreamed of. Money or gold is nothing there—grub is everything. If the boats make another trip I believe there will be plenty, but if there is any interruption it will be tough. Most of the men aboard the Bella are going out, because they don’t waut to take chances in there this winter.”” Jack McQuestion, who has charge of the Alaska Commercial Company’s store at Circle City, one of the eariiest of the pioneers and best known men on the Yu- kon, had this to say concerning the situ- ation: “There are mot provisions enough on and entered the jailyard., No trace of | the Yukon for the people. There are them has been found. about 3500 more peovle in this country proportion to the number of people who | miners, neariy all of them with a big | suddenly enriched mirers, who dazzled | Eighty Miners With Big Sacks Leave Dawson on the Steamer Bella. TRADING COMPANIES SELLING FEW PROVISIONS. Correspondent Wall of “The Call” Describes the Meeting of Klondikers on the Yukon. Louis Sloss Says the Rushers Are Crazy. How thousand have come since or are now than there were in the spring. many | still coming it is impossible to say, but they seem to be hurrying in as fastas they can. If all the boats were doing all that they might under the best conditions there would still be a scarcity, but none of the boats will be able to make more than one more trip. Twoof tiem have missed a trip through mishaps and may not be able to make another. The Mar- guerite is stuck on a bar twenty miles above Fort Yukon and the Weare is fast in the sand thirty miles above there. The Alice was compeiled to leave her barge at Fort Yukon, being unable to get it over the bar at that place. This has cost the Weare a trip, although it is expected that the Marguerite will get off. She hasalso already lost a trip. She will come down and take up the barge left by the Alice. The Bella and Alice will be able to make but one trip more before going into win- ter quarters. It may be estimated that these mishaps to the Weare and Mar- guerite mean the loss of 1000 tons of pro- visions in the camp, 500 each with their barges. With the last boats, of course, it will be known in just what shape the situation is, and those who wish to can come down with them. The Alice and the Bella can bring 600. 1 wounld advise every man who has not sufficient food for the winter to get qut of the country.” McQuestion is going to San Francisco on private business, Charles Rupel of Tacomsa, one of the varty of miners, comes from Munook Creek, about which much has been said lately. He says that the diggings on the creek, while not so fabulously rich as on the Klondike, ars good, and he would not be coming out now but he feared the scarcity of provisions. He believed that very many on the Bella were coming out for the samereason. And at the same time he said the outlook on the Munook was mutch better than further up, as the bar at Fort Yukon presented such diffi- culties to navication that a quantity of stores always remained there. Rupel said the boats were not carrying in the provisions they might or should,a great deal of space and weight being given to whisky. It was Rupe! who said the Bella wa- taking out 80,000 ounces of gold. Mrs. L. D. Barnes, a passenger on the Hamilton, who is going 1n to join her hus- band, who owns an interest in No. 2L Bonanza above, and No 38 El Dorudo, two of the richest claims, received advice from him to the effect that he is coming out, and tbat they will both return wiih the Hamilton. Mr. Barnes’ partner, George W. Vogel, was on the Beila on his way out and brought this news to Mrs. Barnes. The last Mrs. Barnes had heard direct from her husband was at Seattle, where an enthusiastic letter had advised her to come to the diggings. The effect of all this unon the big boat- load of passengers going into the country is naturally very depressing. They have been changed from a party of buoyant, enthusiastic gold-hunters into a party of grub-hunters. The most important ques- tion with every man on board now is not bow much to the pan he can take out,but whether he will be able to get enough plain grub to keep him: from starving. ‘The conversation hour by bour faithfully reported would secarcely discover the fact that these peopleever expecied to find for- tune in this wilderness, but would indi« cate nothing more than that they were in an anxious quest for something to eat, “A man who has provisions here is rich,’” as expressed by a saloon passenger, is the sentiment of all. A few have al- ready expressed a determination oi going back if, upon arrival at Dawson, the re- vorts brought down are found to be true. Ths majority reserve judgment for the “last boat down,” when they expect to be in possession ot all the facts, while a few express a deiermination to stay in any case. For the returning miners, going toward plenty to eat with plenty where- with to buy it, have an air of such self- «ati-faction and tell such wonderful stories of quickly accumulated wealth that a vivid imagination is almost outdone. There are four men on the Bella who have between them in their satchels $100,000 in dust and nuoggets, and they stand guard over it in regularly organized reliefs through the twenty-four hours. Mr. Knutson of Tacoma, part owner in 36 and 37, El Dorado, has taken out with. nis three partners, A. Olson, Arthur Sell ers and Cornelius Vanalstine, $90,000 from six*bux lengths. Knutcon kas with him a sincle chunk of gold worth $583 25 taken by him from claim 36. Louis Sloss offered him $1000 for it as a curio, but Knutson refused tue offer. The claim sold by Bell, one of the party that went to Seattle on the Portland, for $32,000, No. 2 El Dorado, is being nego- tiated for by Henry Bratnobe, represent- ing the Exploration Company, composed