The San Francisco Call. Newspaper, October 28, 1897, Page 1

i =50 e ‘ VOLUME LXXXIL-NO. 150. '‘SAN FRANCISCO, THU RSDAY MORNING, OCTOBER 28, 1897. PRICE FIVE CENTS. SPANISH ANSWER RECEVED Is Only a Very Clever Play to Gain Time. SCORES A POINT IN DIPLOMACY. “ccepts the Good Offices of America to a Certain Extent. HER SOVEREIGNTY MUST BE RECOGNIZED. Autonomy WIill Be Granted Be- fore President McKinley Has Time to Act. Epecial Dispatch to THE CALL NEW YORK, Oct —The World’s Madria correspondent cables: The follow- ing are the principal features of the Span- ish note 1n reply to the communication presented bv Minister Woodford. It opens with a warm demonstration of friendly feeling toward the United States, the expression of a desire to pre- serve cordial relations between the Gov- ernments and a hearty acknowleflzmenl! of tne friendly spirit shown by the United States in volunteering by note of Septem- | ber 23 assist Spain in bringing the | Cuban war 10 a speedy termination. The | reply says i the American Government | will explain how it proposes to co-operate | in the pacification of Cuba, the suggestion | will receive due atiention. on the under- standing that £pain’s right of sovereignty | and the Spanish right to settle domestic | disputes with & Spanish -colony when and as Spain deems fit shall also be recognized. | It then goes on io show how the Liberal Government in the short time whi h has | elapsed since it took office has >pon- ! taneously begun to carry outthe home- rule policy announced in the declarations of Sagasia and More: before they took | ofiive { In accordance with the plamns of the Cuban autonomists the first acts of this policy have been the recall of Weyler and | the appointment of Blanco, with instruc- | tions so liberal, so conciliatory as to | amount to a reversal of the poticy of the | last two years and pave the way for ob- taining the support of all the colonial | parties, especially the autonomist, for a | couse which wili not only go further than | C-novas did, but which will be virtuaily | the execution of all that American public | opinion and the Government of President | Clevelana recommended to satisfy the | aspirations of West Indies. This policy will be carried out immedi- | / ately, so iar as the Spanish executive can | | the matter. 1 under the Spanish constitution =nd the given conditions of the celony, and wil be ratitied by the Cortes early n 1898 Spain expects that the well-known spirit of justice and fair-play characteristics of the United States and the friendly di-po- sition of the Washington-Government will give the new policy the time required to test its sincerity and efficacy. Spain can, therefore, fix no date for the ciose of the war. The United States can nobly and power- fully assist Spain and show the sincerity of its offers of co-operation by henceforth checking filibustering exdeditions. Moral and material assistance from the United States have chiefly contributed heretofore to the aevelopment and duration of the rebeilion that has caused the damage of which the Washington Government com- plaina. The most carefully worded, the longest and the most eizborate part of the note is the exposition of the Spanish case agza nst filibustering expeditions. Historical pre- cedents from decisions of the Supreme | Court citations from the messazes ot Pres- idents Taylor, Buchanan and Grant, and | rast modifications of the laws of th States, made with a view to the better en- torcement of the rules of international law, are invoked to show that Spain hopes | MeKinley will follow ing the footsteps of | his illustrious predecessors. 1 the Wash | ington Government will keep faith, the note declares, the pacification of Cuba will become a question of but a few months. The Spanish Government does not intend to publish the note nor the Ameri- can note which drew it out unle's the Washington autuorides take the lead in In diplomatic and political circles at Madrid the Spanish note is con- sidered a very clever move to gain time to ward off the action foreshadowed by the American note and to secure the sympa- thies of the Europern governments. The Council of Ministers will to-day de- { cide whether it is expedient to use the authorization voted by the Cortes last last June to thake a big loan, with an im- perial guarantee, for Cuban war expenses, asonly twenty millions of the credit is left and there is several millions of ar- rears due in Cuba. The Spanish notealso contaius the state- ment that Spain did not recognize the belligerency of the Confederate States until after several European powers had taken the lead, and an intimation thai the United States should act reciprocaliy in the matter of Cub. e Am -ricans Set Free. WASHINGTON, Oct Vice-Consul General Springer, at Havana, has tele- graphed the State Department that the Spanish authorities have pardoned Frank Agramonte and Tomas Julio Saenz, two American ciizsns, who have been im- prisoned at Santiago de Cuba since June, 1895. Tnere are now probably less than haif a dozer Americans held prisoners iu Cuba, exciusive of the Competitor crew. WOT MURDEKES DUNHAM, Deputy Cottle Telegraphs That the Wrong Man Is Confined at Rosario, SAN JOSE, Oct. 27.—sherift Lyndon this evening received a telegram from Deputy Sheriff Byron Cottle. dated Rosario, Mex., which gives positive evi- dence that the man held at that piace is not James C. Dunbam, the murderer of the McGlincy tamiiy. Tue telegram is as follows: Suspect not Dunham; wire instructions to Miuister at Mexico to release prisoner. GEORGE B. COTTLE. who knew Dunbham well, Mr. Cottle, | was sent to Mexico to identify the man beld on suspicion of being the murderer. ENGLISH ROYALTY MOURNS. | Sudden Death of the Duchess of TroRA 3 \\\w W RAR SR Teck as the Result of a Recent Surgical Operation. RICHMOND, Ex6., Oct. 27.—The D..chess of Teck, cousin of Quesn Victoria, sister of the Duke of Cambridge and mother-in-law of the Duke of York, died at the Whiie Lodge here this morning. The death of the Duchess was aitogether unex- vected. It was supposed that she had en aused her considerable suffering. iirely recovered from a complaint which Inquiries made to-day at the White Lodge, the residence here of the Duke and Duchess of Teck, show that when the Duchess returned from the north s ifewdays ago there were slight symptoms of a rec: which she sustained an operation in Jul serious consequences would ensue. On Monday, bowever, the Duchess be: ’uymploms were observed. specialists who had previousiy operated urrence of the strangulated hernia, for y last, but it was not expected that any came ill, though even tiuen no serious But on Tuesday she became worse and the London on her were summoned to Richmond. They held & consultation and aecided last evening that the life of Her Royal Highness could not be sustained witho ut another operation. This was success- fully performed, but the Duchess gradually sank and died at 3 o’clock this morn- ing. The funeral will probably take place at Winasor. HANEORD'S DPINION 1§ FILED .Text of His Ruling to Be Placed Before McKenna. |APPEAL LIKELY TO BE | MADE. If It Is Lost, Our Gates Will Be Open to Chinese Hordes. NEW LEGISLATION MAY BE NECESSARY. | Substance of th= Femous Decislon Which Null fies the Exclu- | sion Act. Special Dispatch to THE CALL SEAITLE, Oct. —In the Federal court to-day Judge C. H. Hanford placed | on file his written opinion in the famous | case of the United States Government against Mrs. Gue Lim. It was the oral opinion delivered in this case several days ago that has satisfied Government officials on Puget Sound that Chinese men and women will be allowed to come into the United S:ates. no matier bow great the efforts of the Government may be to keeo them out. Now that the written opinion i<on fileit i- saxd United States District Attorney Brinker will immediately place its contents before Attorney-General Mc- | Kenna. The latter, it is expected, will | confer with the Treasury Depariment, | and if. in the judgmen: of the Washing- | ton ofticials, Judge Hanford’s raling will | open ihe gates to Chinese supposed to be | excluged from this country, immediate | steps will be taken to have the decisiou | uppeaied from. Government officers say that it the higher courts su-tain Judee Hanford, Congress will have to enact a new law o: the children of the Orient will have no trouble in gaining admission to the United. States. Judge Hanford 1n opening bis decision recites the fact that the defendant is the wife of a Chinese merchant, lawfully domicilea and doinz bus.ness as a mer- chant ip this State. Ujon ner arrival a few months ago the Collector of Costoms at the port of her arrival, upon proof which he considered sufficient that she was not a laborer nor a person excluded by the laws of the United BStates from coming to this country, and that she was t e lawful wife of a Chinese merchant, permitied her to land and take up her residence with her husband; but her right to enter was not evidencd by tne certifi- cate prescribea by the sixth section of the act of July 5, 1884, The court hers gives section 6 in full, which is to the effect ihat a Chinese per- | scn other than a laborer who shall be about to come to the United Siates shall | obtain the permission of and be identified as so entitled by the Chinese Government or of such other foreign Government of which at the time such Chinese person shall be a subject, 1n eich case to be evi- denced by a certificae of such Govern- m nt which shall show such permission has been cranted, and sball contain a de- scription, etc,, of the sutj:ct and shall certify that such person is entitied by the act of Congress to come within the United States. Judge Hanford takes up and discusses the details in connection wit « the arrest of Mrs. Gus Lim. She was arrested be- cause she came 10 this country without the certificate from her home Govern- ment. The question in the case is, says the court, whether she was entitled to be ad- mitted on her arrival without ihe certifi- cate required of Cninese persons privilegad toenter by section 6 of the act of 1884, already quoted. Judge Hanford refess 10 a case which came beiore Judge Deady at Portland, Or., in 1890. Judge Deady held ihat the wife and minor cnild of a Chinese merchaat, lawiully dwelling in the United States, were not of the laboring ciass and therefore not exciuded from entering, and further heid that section 6 of the act of 1884 was« not applicable to such a case, staiing that it was impracticeble for such persons to comvly with the requirements of that section, and the effect of the stai- ute, if appiicable to such cases, must necessarily be :o0 exclude them and de- prive them of rights guaranteed by the treaty of 1880. The decision says: 1 find support for this decision in tne opinion of Judge Sawyer in the case of Ah Moy, wherein he shows that the Chinese exclusion acts were intended to apply to laborers as a class, and that tue wife ofa Chinese person has the same status as her husband and belongs io the class 1o which he belong:, whether she is in fact a laborer or not. Also in the decision of the Supreme Court iu the case of Lau Ow Bow (144 U. 8. 47- 54), wherein it was held that & Chinese mer- chant haviug an estabiished mercantile busi- ness n the United States and maintaining therein a commercial domicile, upon return- ing {rom & temporary absence was entitled to enter and remain in this country without pro- ducing the certificate required by section 6 of the act of 1884. In reason it seems to me that this statute could not have been iutended by Congress to apply to ceses like the one now being consid- ered; its non-epplicability is shown by the fact that compliance with its requirements on the part of persons in the situation of this de- fendant is impossible, and it is unreasonable to presume that Congreass intended to exact of persons whose right to dwell in this coun- try hus been secured by treaty stipulations, performance of impossible conditions, or to deprive them of the right to come into this country for non-performauce of such con- ditions. If it was intended to abrogate the treaty Congress would have so declared in ex- plicit terms. 1 would not have felt called upon to write FLANNELLY THE PARRICIDE SHOWS l THE Fannecey Kanew fouse NO REMORSE FOR HIS ATROCIOUS CRIME o g With His Hands Imbued in the Blood of His Aged Father, He Rests Stolidly in His Cell at Redwood City. SCENES FRCM THE AWFUL TRAGEDY A SHERIFF MCEvoy ik b e o AT e e T REDWOOD CITY. Fon case (80 Federal Reports, 881), has given an effect to this statuie as a barrier to the ad- mission into the United Staies oi an infant child of a Chinese merchant lawfully residing therein, and upon bis authority the officers of tae Government insist that the defendant in this case must be separated from her nusband and returned to Chine. In his opinion the learned Judge seems tv have been led to his conclusion by considerations of what he sup- vosed to be the weight of authority, and yet Pe ignores entirely the decision by Judge Deady in the Chung Toy Ho case and the de- cision of the Supreme Court in the Lau Ow Bow case. He says that the only authority cited in support of the right of a child of & Chinese merchant residing here to coms into the United States Is the Ciung Shee case (71 Feaeral Reports 277), but apparently in that case the betrothed bride held a ceriificate. As e matter of fact the Chung Shee case reporied 1s not an authority on that point at all. The decision in that case by Judge Wel- born was to the effect that the right of the woman to come 1nto the Unlted States and re- main had been finally adjudicated by Judge Bellinger and that the judgment in her favor, rendered at Portland, Or., was final and con- clusive; and he, therefore, declined to con- sider the question as to the right of a wife or child of a Chinese merchant in this country to comeinto the United States without produc- ing the certificate required by the act of 1884, In the Chinese wite case (21, Fed. Rep., 783.) the woman in the case was the wife of a Chi- nese laborer and belonged to the ciass of per- sons which the statutes prohibit from enter- ing the United States, and Judge Sawyer placed his decision against the right whicn she ciaimed on that ground. The opinion by Justice Field, however, in that case does hold that & Chinese wife must be regarded as a distinct person, and that to be entitied to admission she must furnisha certificate as required efther by section 4 or ciion 6 of the actof 1884, and his opinion authority ‘supporting Judge Lacombe’s decision, entitled to due respect. The only comment upon it which I deem proper to make is that it was rendered prior to the de- cision of the Supreme Court in the case of Chew Heong (112 U. 8, 356-580), in which the court held thxt the fourth section of the act of May 6, 1882, as amended by the mct of Juiy 5, 1884, prescribing the certificate which shall be produced by a Chinese laborer as the only evidence permissabie to establish his right 10 re-enter into the United States, is not applicable to Chinese laborers who, residing in this cou-try at the date of the treaty of No- vember 17, 1880, departed by sea beiore May 6, 1882, and remained out of the United States until after July 5, 1884, reversing the judgment of the Circuit Courtof the United States for the District of California, given tn accordance with the opimion of Justice Fieid and contrary to the opinion of Justice Sawyer. Recurring to the decision of Judge Lacombe in the Li Foon case, he states that apparentiy the betrothed bride referred to in the Chung Bhee case beld a certificate as if that fact might be considered the basis for the decision in favor of her right to enter. It appears, however, by the report of Judge Bellinger's decision that the only certificate wiich was considered in the case was a cereificate 1dentie tying the husbaud and setting forth that the petitioner was his wife, and that such certifi- cate was intended to evidence her right to land by virtue of such reiatios, which cer- tificate was pre; at Portland, Or., lor'udoatocvhln’:nd Certainly th?; w’ .z::;a: the certificate contempliated or requ by an opinion in this case if it were not for the | section 6 of the act of 1884. act that recentiy Judge Lacombe, in the Li | Ying (59, Fed. Rep,, 682), I consider that it | in re. Lum Lin may be fairly ciaimed that authority is not as supposed by Lacombe, but the contrary. Looking now to the reasons for and against the rule contended for by the officers of the Government, I agree with Judge Leady that the aomission of Chinese merchants with their families s not to be regarded as a mischief which this Chinese restriction and exciusion acts were intended to remedy. Tuisis a com- merciai nation; the maintenance and exten- sion of Awerican commerce with the Oriental countries must redound to the benefit of the American people as & whole Chinese mer- chants in this country are doing an important part in fostering this important interest, and no benefit wha'ever can acerue to the people of this couniry by depriving tnem of liberty to dwell within our borders with their families under the protection of our laws. The argument that Chinese laborers will come to the U.ited Statesin great numbers under pretense of being members of families the weighi of Judge of merchants siready living here does mnot | have very great force. The law has been ad- ministered as interpreied by Judge Deady since the date of his decision in the Chung Tos Ho case in 1890. and the evils supposed to follow such & decision have not come to pat Butagainstallargumentopposed to liberality towaras Chinese of the merchant class, it must be said that it is the duty of the court to declare the law as Congress has made it and harmonious with the established rules for the construction and inierpratation of statutes. By this test I am constrained to hold that the defendent is entitled to be discharged. PROFESSOR PRITCHETT CHOSEN. Will Succesd General Duffield as Chisf of the Coast and Geodetic Survey. WASHINGTON, Oc'. 27.—The Presi- dent has aec ded to name the successor to Genera! Duffield, chief of the coast and goedetic survey, on November 1. He will appoint Professor Pritchett of Washington University, St. Louis, Mo., upon the rec- ommendation of Secretary Gage. This will be a disappointment to two California scientists who were ambitious to succeed General Duffield. The latter has never been popular with Californians since he dismissed without any cause whatever, Professor Davidson, who had grown gray in the service. Duffield then appointed his own son toa responsibie pusition in the survey and thus further incensed not only the friends of Professor Davidson, but Eastorn scientists who shaiply criti- cized him for bis nepotism. It is said 100, that this displea ed President Cleve- land und Secretary of the Treasury. Carlisle, but th-y 100k no action. Another Californian who was an appli- cant for the superintendency was fessor Hold Professor Pritchett was indorsed by a vast number of scientific men. For fifteen vears he had been at the head of Washington University, and for several years he was assistant as- tronomer at the naval observatory here. g L Senator Morgan Improving. BAN DIEGO, Oct. 27.—Senator Morgan is slowly improving but still contined to his bed. There is not much change to-day. T L T T o F.’fi‘”i?i&‘ hung in clouds about the room. by a bullet and dropped his pistol. wall. the leit forearm. gun ; come and take me.” WA AL GAAAAS REDWOOD CITY, Oct. 27.—Thomas Flannelly, the murderer of his aged father, Patrick Flannelly, lay to-night on a cot in the new City Jail at Redwood City not 500 yards from the house w erein the tragedy which has shocked the people of the pictureque little town was com- mitted. The coarse blue blankets of the prison bed concealed from view all but the face of the murderer. The varricide was silent and morose, The wounds from the six bullets which entered his body did not elicit many groans from the murderer. His body is almost rigdled with bullets, but, strange to say, no vital spot was reached, and the doctor who attended him says that unless biood poisoning sets in he will recover, though it will take many months. On the floor below that on which the murderer is lying with the shadow of the hengman’s noose over him lies one of the victims of his deadly Winchester, brave Sheriff W. P. McEvoy, with his left arm tied in a sline and bandaged with lint. Two doctors sat beside him, as also did his wife, who gave that sympathy which only a loving woman can give. The Sheriff's wound pained him considerably, but his chances for a speedy recovery are good, uniess blood-poisoning ensues. Deputy Sheriff Mansheld, who was ex- posed to the fire from Fiannelly’s Win- chester, was most fortunate. He escaped irom the fray with a trivial wound on the leftarm. The ball struck him in the heel of the hand, ripped his coat sleeve to the elbow and creased the flesh of the fore- arm. His wound will hesl in a short time. The bcdy of the murdered man was Iying in the Flannelly home robed in its burial garments. A hole in the forehead denoted where one of the bullets from the parrieide’s pistol entered, robbing the father who bad nourished him in the days of his prattling chilahood oi his life. The upper part of the mouth was blown away by a 44-caliber bullet, revealing a ghastly hole in the dead man’s face. Sheriff McEvoy was struck in the arm floor for it Mansfield and Flannelly kept up the duel. siles whistled past the ears of the officers and buried themselves in the The bullet which struck the Sheriff glanced and hit Mansfield in Deputy Butts rushed in with a double-barrel shot- gun to assist the Sheriff. Flannelly called cut: * Don’t use the shot™ l PEPPR PRI R RPPRRPRIY FRVERFEVPER PR RR R uy "}\; REDWOOD CITY, CAL., Oct. 27.—When Sheriff McEvoy kicked open the door the beams from the lamp threw the officers into bold re- lief and made them conspicuous objects to the murderer, who sat in the bed with the bedciothes wrapped around him. The officers could not see him in the semi-darkness of the room until the firing began.” The flashes from the guns lit up the interior of the room, revealing Flannelly, who with a Winchester rifle to his shoulder, was firing point blank at the Sheriff and his deputv. The fusillade was fast and furious. The smoke While he was groping about the The leaden mis- SRS AAEAEAE E SR BN G R i QQ\Q(QQQQQ(QQ((QQQQQQQQ!QQQQ!Q& There is another hole in the breast, show- ing where the leaden missiie from the son’s pistol found its way to the old man’s heart. The story of the murder and the fight that followed in the attempt to eapture the bioody assassin was told to-day by some of the participants in the affray, and retold by the people who stood about the streets in groups discussicg the most atrocious crime which has ever clouded the criminal annals of the county. A more correct version of the murder aud the subsequent fight between the Sheriff’s posse and the murderer was given to-day. Thomas Flannelly was a shiftless fellow, who abused tbe confidence of his aged father. His reckless ways finally caused the old gentleman to lose patience with Lis son and he determined to show him no more leniency. This is what led to the terrible murder. Patrick Flannelly owned a fine farm about two miles from Redwood City, Some time ago he placed his son Thomag on the farm, thinking that it would steady him some and, in the language of the oid gentleman,*'make a man of him.” The farm was used as a dairy and the young man might have been succe-sful but for his love of liquor. His dissipated habits soon caused him to neglect the busi- ness, and he found that he could not cons duct it and stiil engage in his bacchanalian pleasures. Bome time ago he went to his father and stated that he wished (o take a partnex into the business, saying he believed that by so doing he would derive more revenue from the dairy and have more time for his own amusement. Patrick Fiannelly ridiculed the idea, and both men being somewhat high-tempered, the interview ended with a quarrel. Beiicving that his son was not worthy of any further favor the father determined to have him evicted from the dairy. Last night about 8 o’clock Constable U, B. Bare