The San Francisco Call. Newspaper, October 21, 1897, Page 3

THE SAN FRANCISCO CALL, THURSDAY, OCTOBER 21, 1897. r DUTCHER'S (AT SAVED HER LIFE Widow Schofield Testi- fies in the-Lad’s Behalf. HER STORY OF THE TRAGEDY. Was Pursued by Her Husband When the Choreboy Fired Upon Him. OPENING OF THE CASE FOR THE DEFENSE. Will Atte mpt Prove That the Killing of the Rancher Was Justifiable. to Special Dispatch to THE CALL Oct. 20.—The story of the der was told to-day in all its Attorney Scheller for the , Dan D - made an opening statement w h was replete with sensa- tional climaxes, and which worked strong- ly upon the emotions of the men and women in the courtroom, as it represented Schofield as a brutal man who had on man vored to kill his wife his deatih while with a shot- He pictured he n raised Dan Dutch us e the life of a de- d prove that about d the y indicted with the all these years he cruel and bratal hreatened her life nd times, both 1n the miiy and of strangers; eats continued almost daily up to the mo nt when he lost his life. A few days befor torney declared, ied fifteen ye woman 1d threatened to kill his wife a entire family unless she would sell their home and give him the money to go to Klondike. To use hi own words be intended *‘to becoms a sec- ond Dunham.’ On the morning preceding the homi- cide Schofield, in the presence of the de- fendant and in the presence of bis family and without vocation on the part of Mrs. Schofield, threw a knife at her head because she would not turn over to Lim the homesteaa, and when the knife fai to do its work he choked her and threw her tothe floor and then began to drag her to the bedroom, Geclaring it his purpose to kill her. When her 13- 1d son, Irving Mann, interfered, £chofield threw him against the bedstead and then kicked him out of doors. Scheller then described the battle be- tween husband and wife on the evening led P previousto the murder and stated that Mrs. Schofield had fled from the house in order to save her life, and it was when she ave her cuildren that Dntcher shot at Schofield to prevent from executing his threat 10 take 1 @ a brief outline of what d on the morning of the incipally what Mrs. sequently in her testi- the very calm when ess stand 1t took the o tell her story ana ns propounced by I cross-examina- bore the ordeal we!l. After account of her marriage to nd a short ory of their she came to the incidents cted with the tragedy of -August 7. ¢ of the difficulty 2zas property or to allow 0 burn the house in order to bim to go to Klondike. prior to the murder her N bad made a desperate effost to kill her, and it was then that in sceking safety in the woodshed she had | all her troubles to Dan Dutcher, and ber promised to protect her. she returned to the house Scho- Id was seated in 2 chair with his gun in hands. She told him to put i: down, t instead he raised ital her. At this point Dutcher, w had followed her, fired, the bulle Schofield’s sleeve and passing thr window. Her husba hen became somewhat pacified, and 40 had fired the shot. Ste said Dutch bad, and then he toid Dutch in'and bring the rifle. Dut 1, and said he was going to leave the pluce. Schofield said he would kill Dutcher on sight, but retired for the night. The next morning Schofield said he was going to Morgan Hiil to have Dutcher ar- rested for stealing his rifle. While sne was making coffee for him he slapped her tecause she did not give him his bottle of whisky instead. She said to hims “Youw'li not slap me again, for if you do 1 will have you arrested.”’ He replied: _*“You'll never have me ar. rested, for I will kiil you this very morn. ing.” He went agaia for the gun. Sheran out of doors and called Irving Mann, who had got up and was in the yard, telling him to look out, that Schofield was after ber. Irving Mann ran over into the or- chard, while she ran out between the two houses. She heard her husband on the sids porch and he seemed 1o be coming in ber direction, so she changed her course and ran toward the bridge over the ravine by the shed. Wken near the shed she heard some one behind her. She ran into the shed, looked out of the window and saw that tne man was Dutcher and that he had the rifle. He had heard her scream, iumped up, saw Schofield on the porch, then ran pack, hurried on his clothes, came out again and saw her running toward the shed. He asked ner to run, and she said be couldn’t on account of her spine. He eerd footsteps coming from behind the oolhouse, and knew it was Schofield. She and Duicher moved back so he couid not see them, and when Dutcher saw the head of Schofield in the doorway of the shed with the gun raised to fire he aischarged bis rifle, and Schofield fell. he went to the body, and was so excited v-r the occurrence that they concocted the statement they at first gave out to ac- count for the killing. Loyal Legion Convention. PHILADELPHIA, Oct. 20.—The jthir- teenth annualconvention of officers of the night, who | Commandery-in-Chief of the Military Or- deroi the Loyal Legion of the United States was hela to-day in the rooms of the Historical Society of Pennsylvania. Only routine business was transacted end all new business was referred to com- mittees, after which officers were elected as follows: Commander-in-chief, Rear- Admiral Bancroft Gherardi, U. 5. senior vice-commander-iu-chief, Bri dier-General Seldon Connor; juunior vice- commander - in - chief, Major - General John R. Brooks, U. 8. A.; recorder-in- chief, Brevet Licutenant John P. Nichol- son, Pennsvivania; register-in-chief, Bre- vet Major William P. Puxford, District of Columbia; treasurer-in-chief, Cotonel Cor- nelius_Cable of Ohio, and_chaplain-in- chief, Rev. Henry Hopkins, D.D. The new council-in-chief coasists of Brevet Brigadier-General J. M. Brown, Maine; Colonel Arnold Rand, Massachu- selts; Brevet Major-General William Chandler, Michigan; Lieutenant-Colonel Charles W. Davis and Colonel Nelson Cole. James Snyder Mackie of Newark, N.J., was elected companion at large. EXPLGSION ON iHE BALTIMORE. Gasket Blown Out of a Boiler Man- hole, and the Fireroom Fiooded With Hot Water. VALLEJO, Oct. 20.—An explosion oc- curred on the cruiser Baltimore this morning at 10 o’clock. The vessel bad started for San Fiancisco, and when near Rodeo a couple of gaskets blew out of the manholes of one of the boilers. No damage was done, but the fireroom was flooded with hot water. The cruiser come to anchor, the steam launch was lowered and Captain Dyer and one or two officers came up to the island and reported the facts. Captain Dyer said there would be noneed ofany yard forc» togodown to the cruiser to make repairs. as they could be made by the stip’s mechanics. Steam was gotten up in the other boilers, and soon the cruiser was ready to proceed on her way. WEYLER REFUSES 10 RESICN TS COMMAND Will Not Transfer the Mantle of Authority to Cas- tellanos. Opsnly Defles the Madrid Govern- in Its Attempt to Depose Him. meant Special Dispatch to THE CALL NEW YORK, Oct. 20.—A special cable to the Herald from Havana via Key West, says: In spite of all his protesis to the contrary, General Weyler, when it comes to the actual test of resigning his command, exhibits decided reluctance. He has refused to give over his anthority s Captain-General to his duly appointed successor, Jimenez Castellanos, although ordered peremptorily to do so by Spain’s Minister of War. The situation is critical. Senor Sagasta cannot, it is believed, permit his Ministry to te openly defied by General Weyler, and yet he may have 1o resort tc extreme measures to remove the Captain-General. { Over and over again Weyler has atfirmed | his country, but actions speak louder than words. Castellanos arrived in the capital late Monday night. He has been appointed by Spain’s Minister of War to replace General Weyler until General Blanco ar- rived in Cuba. Castellanos was in the fietd when appointed, but he at once started for the palace. In some unac- countable way & man-of-war to fetch him was retarded. Castellanos proceeded to the palace on Tuesday morning expecting to be sworn |in as Captain-General, but it was very soon apparent that Wevler did not intend anything of the sort should happen. Ho made excuses and hesitated until Castellanos was provoked to cable the situation to Madrid. A reply came quickly. Tt was a peremptory order that General Weyler should vacate and the newly appointed man should assume command at once. But even then General Weyler did not obey. He told Castellanos that before he coulid hand over the office he must have a written statement from his successor to the effect that the four western provinces were pacified. Castellanos refused to sign any such document. | CHAINLESS BICTCLES NOW ON THE HAREEY Superior Points Claimed by the Firm Manufacturing the Wheels. e Easler to Keep Clean and Will Go Faster With Less Effort—The Price $125. Spectal Dispatch to THE CALL NEW YORK, Oct. 20.—7he long-her- alded chainless bicycles of 1898 will be put on the market to-morrow morning. A bicycle manufactory will place them on sale simultaneously at its branches throuzhout the country, and thousands are said to be ready for delivery. The matier has been kept very quiet by the firm manufacturing tne wheels, the price of which is $125. Hers are some of the points of superl- ority which the firm asserts the new wheel has over a chain-driven wheel: It is much easier to keep clean than the old wheel; every motion is positive, with no back lash; has no links or teeth to ‘‘catch things”; goes faster and farther with less effort than the old wheel. As to the mat- ter of speed—the thing above ali others considered by those of scorching proclivi- ties—it is pointed out that the chainless wheel secured the twenty-four hour record on the Continent of Europe, and in August lest another chainless wheel won a hill- climbing contest in England. The new machine weigns about twenty - four pounds and its construction is very simple. Itisa wheel with gear on the in- ner edge, driven by pedals, to which it is attached in the same manner asin the old bigh safety. The teeth of the wheel fit into the zear on the end of the rod, which with its covering is similar to the lower braces of the frame of any ordinary chain wheel. The rod, which is of steel, and every part of the wheel where there is likely 1o be friction runs on ball bearings. At the other end of the rod another gear fits the teeth on the rear axies. Mo sy Home Missionary Meeting at Baltimore. BALTIMOKE, Oct. 20,—The sixth an- puai meeting of the Women’s Home Mis- sionary Society of the Methodist Episcopal Church began here this morning in the Fayette-street Methodist Episcopal Church and will last a week. delegates from every State in are present, the Union tuat he would do nothing to embarrass | them for § ST, MICHAEL ~ LORTGERT'S A MILITARY RESERVATION Set Apart by Order of Secretary of War Alger. EMBRACES A LARGE TERRITORY. Contiguous Mainland and lsl- ands Within a Hundred Miles Included. TROOPS TO BE STATIONED THERE. Commanding Off'cer Given Author- ity to Preserve Order and Protect Property. Special Dispatch to THE CALL WASHINGTON, Oct, 20.—The order es- tablishing the St. Michael reservation was issued this afternoon and reads as fol- lows: 1. By the authority of the President the lend known as St. Michael Island, with all | contiguons mainlana and tslands within 100 | miles of the location of the flagstaff on that | island, is set aside from the public lands from the Territory of Alaska and declared a mili- tary reservation. Parties who have, prior to the receipt of this order, located and erscted buiidings on the land so reseyved will not be disturbed in their use of lands, buildings and improvements, nor in the erection of struc- tures needed for their business or residence. The military reservation above declared, ! and the military post located thereon, will be | known as Fort St. Michael and will be under | the control and supervision of the command- | ing officer of the troops t R. A. ALGER, The purpose of the order is to confer upon Lieutenant-Colonel Randall the necessary legal authority to preserve or- der and protect property in this section of the country. e FRAPPED FGGS FORKLONDIK EKS. People of Dawson Promised a Novel Christmas Treat. PORTLAND, Or., Oct. 20.—Frozen egzs to the number of 3843 dozen will leave here by the steamstip Elder on Fri- | | day nignt, to furnish Christmas treats for | Kiondike miners. Charles H. Vest un- | | dertakes the enterprise and expects to sell | a dozen. According to THE | CaLL the price of eggs at Dawson city was | $18 adozen. These are the latest quota- tions. The sheils were carefully broken two weeks ago and the contents, with un- broken yelks, put into cans holding six dozen each and placed in cold storage. Vest will take with him from here twenty- eight Esquiman dogs, ten sleds and five men and wili go in by the Chilcoot Pass. Besides the eggs he will take one and a half tons of frozen pouliry, which he ex- pects to sell for $5 a pound, and $50 worth of fresh oysters (Portland price) that will realize not iess than $500 at Dawson. The expedition will also carry fresh pork and bacon for the Dawson market, but the big returns of the enterprise are looked for in thesale of the eggs, which will bring not less than $130,000 according to Vest's cal- culations. For more than a month he has had his teams of dogs in training, until now they are perfectly tractable. He has no doubt that he will reach his destina- tion before Christmas, and expects to re- mim in February to make another winter trip. e KILLED BY HIS OWN TRAPGUN. Klondiker Michaelson Receives a Charge of Shot Intended for Thicves. PORTLAND, Or., Oct. 20.—S. M. Wise of Dawson City, Alaska, writes to Simon Jacobs of this city that W. F. Michaelson of Portland was kiiled on E! Dorado Creek in a peculiar manner. Michaelson suspected that some one was stealing from his cabin. He fixed a trapgun in the door, so that it would be discharged if any one attempted to enter the cabin. Michaeison himself was the first one to atiempt to open the door, and he received a charge of buckshot in the abdomen. He died in a few hou: Michaelson was an upholsterer by trade. WANTS T0 COLLECT THE EXTRA DUTY Elkins Has Not Given Up the Fight for Section Twenty-Two. He Belleves Some Way Can Yet Ba Found to Maks the Clause Operative. Special Dispateh to THE CALL WASHINGTON, D. C., Oct. 20.—Sena- tor Elkins, who is the putative author of the celebrated ‘‘saction 22" of the Dingley tanff act, is still at work trying to find some way to execute the law imposing a 10 per ceat discriminating duty. Tae About 200 | agree with him. CaLL correspondent understands that there is now on foot & plan to take the matter into the United States Circuit Court direct, Senator Elkins has been consulting lawyers and experts in the customs service, and it is agreed that by law any United States citizen who is a taxpayer may, as “‘an interested party,’ file a complaint in a United States court alleging that the extra duty should be collected. A test case will be made and suit will probably be begun in San Fran- cisco before Judge Morrow. Senator Elkins thinks that the admin- istration is anxious to find a way to col- lect the discriminating duty notwith- standing a general opinion to the contrary. Attorney-General McKenna’s opinion may have created such a belief, but his opinion was rendered from a legal and not a polit- 1cal standpoint. He was of the opinion as a lawyer that the Dingley law does not authorize the imposition of the extra tax, but other members of the inet who are not lawyers, but good politicians, dis- Senator Elkins realizes this and will not stop until the case has beea settled in the courts. FATE STIL, UNDECIDED Under Lock and Key, the Jury Puts in Another Night. MAY BE KEPT UNTIL SATURDAY. Judge Tuthill Is Determined to Secure a Verdict if Possible. STUBBORNNESS OF JUROR HARLEY. The Ony Man Standing Between the Sausage-Makzar and the Death Sentence. Special Dispatch to THE CALL CHICAGO, Oct. 20.—At 8:30 o'clock to- night it was announced from the office of State’s Attorney Deenen that there would be no announcement of a verdict in the Luetgert trial before the opening of court to-morrow morning. Judge Tut- hill weut home early in the evening, leaving matiers with Mr. Deenen, who was to send him word in case a verdict should be reached during the early part of the evening. The attorneys for the de- fense also left matters with Mr. Desnen and went home to await any word that come from the jury-room. Attorney Phalen, the junior counsel for the ae- fense, was around the State’s Attorney’s office for a short time and then took his departure, State’s Attorney Deenen, pale-faced and red-eyed from lack of sleep, sat in his office until 8:30 o’clock, and then he announced that he would wait no longer and gave orders that his offi e closed. “There is absolutely no chance now of anything being heard from the twelve men before to-morrow mortning at the | earliest,” said the State’s Attorney as he left his office. For a time to-night it was rumored that if the jury should not agree by to-morrow it would be discharged as soon as it re- ports its inability to reach a verdict. This, however, is not the case. It is the firm determination of Judge Tuthill to keep the jury until Saturday night or iate Saturday afternoon before he permits them toreport a di:agreement. He has announced that both the State and the defendant have spent much money and time and the csse has been so long and difficult to try that he will not consent to the discharge of the jury until there is absolutely no hope whatever of a verdict being reached. The jury stands about as it stood this afternoon. Reports vary from nine for the death penalty to three for acquittal to eleven for death and one for acquittal, The one juror holding out for Luetgert is Harley, and it is thought that if he would change front there would be little time lost. Juror Holabird is also credited with tavoring acquittal, but it is thought he would come around quickiy if Harley could be induced to vote for conviction. The feeling among the jurors who are {in favor of the death penalty is high | against Harley, and they have done some very plain talking to him. Atone time this morning they even sent for Judge Tuthill to know, among other things, if eleven men could compel one man to vote with them, or if a verdict would be valid if but eleven men signed. This is the in- cident that gave to tne State the idea there was but one man standing between Luet- gert and a death sentence. TAKING 0P THE GASE OF MGR. SCHROEDER Directors of the Catholic Uni- versity at Washington in Session. The Popa Disapproves of the Con- troversy and Desires Its Early Termination. Spectal Dispatch to THE CALL WASHINGTON, Oct. 20.—The board of directors of the Catholic University as- sembled in annual session to-day at Mc- Mahon Hall. The morning session lasted till 1 v’clock and was confined entirely to routine matters. Thecaseof Mgr. Schroe- der did notcome up, but an understand- ing was reached that it would be taken up at4 p. M. Mgr. Schroeder remained at the Divinity building during the morn- ing, pursuing his usual duties and subject to call. Definite details became available to-day concerning t! cablegram seut by Cardi- nal Rampolli, Secretary of State, express- ing the desires of Pope Leo concerring the case of Monsignor Schroeder. The cablegram came to Monsignor Martinelli on Sunday last and gave him definite in- struction« to be communicated to the board of directors of the university. Prior 10 the cablezram a letter had been re- ceived from Cardinal Steihuber at Rome stating that the Pope had expressed a de- sire that Monsignor Schroeder should not be removed at the present time. As this was not directly irom the Vatican a mem- ber of the executive of the Catholic uni- versity cabled to the authorities of the Vatican for an offic:al expression of the Pope’s wishes on the subject. It was in response to this inquiry that the cable- gram to Monsignor Martinelli was received on Sunday last. The cablegram directs the delegate to communicate in a delicate way to the board ot directors of the uni- versity that the Pope desires that no change be made in the status of Dr. Schroeder as a professor of the university at the present tim el New Calijornia Postmasters, WASHINGTON, Oct. 20. —Gracie E. Wells was to-day appointed postmistress at Daunt, Tulare County, vice A. M. Co- burn, resigned. The following California vostmasters were commissioned to-day: Jasper Seafor at Dunsmuir; John Ne- ville at Johnsville, and Howara C. Kelley at Montpelier. CITY OF Grand NEW T0-DAY-DRY GOODS. Opening! We beg to notify our friends and patrons that we will -OPFPEIIN - WEDNESDAY..... OCT. 20, 1897, OUR NEW ESTABLISHMENT, Occupying the First and Second Floors of the elegant new building erected by the Spring Valley SE, Cor, Water Company, Geary an ocktonSts, BEIRSH! B ,GOE. SUPERINTENDENTS { BILK DEPARTMEN DRESS GOODS DEPT. BLACK GOODS DEPT. * TRIMMINGS, RIBBONS DOMESTIC DEPT. LACES AND FANCY GOODS HOSIERY AND UNDERWEAR GENTS’ FURNISHING (newdept.)* GLOVES AND PERFUMERY DEER. MR. P. MR, J. -MR. e MR. T, under managemsnt | M. MR, . DE M. J. W. MR, BOETTCHER WALKINGTON JOHN ¥F. KANE CHESTER S. BRAKE F. BRAKE COLLINS LECKIE . HACKETT . TICHENOR P. MOOS A BROUSSE R. v SECOND FLOOR. M. SUPERINTENDENT..... MR. CURTAINS AND UPHOLSTERY LINGERIE—CORSETS, LADIES’ AND CHILDRE LAYETTES (New Dejartment). CLOAKS AND SUITS DRESSMAKING DEPA Under the Management of . ‘Who has just returned GEORGE MR RTMENT ‘from the East with the LATEST LONERGAN D. LANDERS JAE MURPHY A H. SMITH McGRATIH MODES. CITY OF PARIS DRY G0ODS COMPANY 6. VERDIER, President, WM. S. RAENEY, Manager, ' ] s Secretary. M. J. HYNE! G. MOREAU, Vice-President, AY, Treasurer, WILLIAMS BAY'S BlG TELESCOPE Yerkes’ Gift to Chicago University to Be Dedicated. Will Be Formally Turned Over To-Day in the Dome of the Observatory. Interesting Programme of Exer- clses Arranged—Enthusiasm of Sclentists. Special Dispatch to THE CALL CHICAGO, Oct. 20.—The Yerkes telo- scope will be formally dedicated and turned over to the University of Chicago to-morrow. Professor Keeler of Alle- gheny, Pa., will make the address of the day, which is 1o precede the dedication. To-morrow evening a company of wise men wiil go to Chicago, and at the close of the week the gathering will stand ad- journed. Then the costly Yerkes tele- scope will be in the hanas of the faculty resident at Williams Bay. Two special trains over the North- western road will leave Chicaeo early to- morrow morning for Williams Bay sta- tion. About 700 people are expected to come to the dedication exercises. Besides members of the facultyof the University of Chicago, accompanied by their wives, there will be the trustees, Charles T. Yerkes and a number of invited guesis. First there will be addresses by Professor James E. Keeler, 8c.D., dircctor | of the Allegheny Observatory, on Importance of Asirophysical Research and the Relation; of Astrophysics to Other Physical Sciences.”” Foliowing the address, which will occupy an i our, Charles T. Yerkes will make the formal presentation, and Prestdent Harper of the university will respond in behalf of the trustees. Before returning to Chicago the trustees, tacultyand visiting professors will inspect the observatory and telescope and other appliances. The dedication ceremony will take place in the dome, where the large telescope stands. 1n all the spare rooms in the observatory cots have been placed, and here forty visiling scientists are ac- commodated. Nearly all the prominent visitors at the observatory this week are enthusiastic over the new telescope and believe that great di-coveries will be made soon by means of its power{ul lens. Professor Keeler, who before going to Allegheny was at the Lick Observatory, is one of the men most interesied in this latest acquisition to the wealth of the Uni- versity of Chicago. ‘It will be many years,” said he, *be- fore another telescope as large as this one or even approximating itin size will be e. The glass is by all means the most ful in existence, and in months and to come great discoveriesin the field of asironomy may be expected at Wil- “The tory, too, is much better than I expected. Its'steadiness, which has been the subject of wonder to astronomers, is remarkable. Of course, the Lick Observatory has a more favorable location, but I doubiifa better place than the shore of Like Ge- neva could be found for Yerkes’ instru- ment anywhere east of the Rocky Moun- tains,” « Johnston. ,» Oct. 20.—D. V. Johnston, Death of D. + ELKO, X died at his home in Starr Valley to-day, aged 71. He represented this county in the Legislature for severai terms. e Thirty Yeare for a Murder. MERCED, Oct. 20.—W. F. Ekins, who was found guiity of murdering Salvador de Angelis, was to-day sentenced to thirty | years’ imprisonment at Folsom. one of the oldest residents of this section, | ELECTEICITY THEIR THEMLE. Men Who Harmess the Lightning Meet «t Sacramento. | SACRAMENTO, Oct. 20.—The Pacific Coast Electrical Transmission Association | met to-night atthe Golden Eagle Hotel. | E. B. Gilbert of the Sacramento Electric Gas and Railway Company presided, | with Robert McE. Doble of the Blue Lake Water Company as secretar, The first paper of the session was read | by W. Stnart Smith on the topic, “Hy- draulics and Waterwheeis.” The same | subject was treated by W. D. Knights of Sutter Creek. An interesting and ex- tended discussion followed. The mesting was well attended, among the delegates being S. Morton Smith of York, Pa., who built the great plant at Folsom, and is now enczaged in constructing a similar one in Rome, Itai Saving. 5 and 10 cent boxes. NEW TO-DAY. 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It builds up vital energy and makes manhood com- Read Dr. Sanden’s little book It is entitled “Three Classes mail or at the office. It helps 632 Market Strest, Opposite Palace 'Hotel, San Francisco, 232 West Second st ST., OPP. PALACE HOTEL e . 1 3 935 8 h s 1 liams Bay. The situation of the ohserva- | NOTE.—Make no mistake in the Bumoer- s aa in MaRK A LIRESE Maks note o it The fac-simile is on every wrapper NOTARY PUBLIC. w A. J. HENRY, NOTARY PUBLIC, signature of » of CASTORIA. 638 MARKET Telephone 570. Residence 909 Vi sirees Telophone “Church” 15