The San Francisco Call. Newspaper, December 1, 1897, Page 3

THE SAN FRANCISCO CALL WEDNE AY, DECEMBER 1, _— —— 3 ALES FAL U SAVE A MURDERER » Mrtin Thorn Is Found; Guilty of Killing Guldensuppe. JRORS CONVICT HIM | AS CHARGED. | Afr the Verdict Is Rendered | the Barber Admits the Crime. S/S THAT MRS. NACK’S STORY 1S TRUE. | That Death Is Certain the | A hrdemned Man Declares He | Deserves His Fate. | “pecia patch 1o THE Cari r*y':ttr*txitttt*tttt*: | FONFESSES THE CRIME. Nov —Whea been led back to ction he ad- verdict was ju not Mrs. Nac This acknowl con 1 pe. o ok e ment of t took place while ! he jail was being hrepared for him. During the trial charge of of Flush- had him shen the the cell that for a day being done e police cap- en en eve or it is over and the ed, and was I who a T believe Nack said stentiallv the stand % m convi o4 3 2 2 20 0 2 2 3 2 0 2 2 2 4 o o su on the story asI X | ir myself. It % t any further. X ¢ 13 am convicted. It g v ed and what I sup- % 5 k I deserve, and X x| YORK, 3 artin Thorn icted of miurder in the | m Gulden- | r in the affections of Woodside, L. L., of Thorn’s | . at request death sentence ext Friday morning. jurymen polled on their his face never changed color ordeal. With lhps and jaws hard set he nd courtroom fall tors with well-feigned stoicism. t three weeksago orn’s first trial he charge of murder was begun, but o the 1llness of a juror it had tobe abdoned days. A second tri opened a week azo last Monday and, cotting out three days the court did not sithe trial con ed only six days. M. Nack’s testimony during the mis- trismade it compulsory for Thorn’s law- rio change their line of defense in the al, and th made a direct nst Mrs. Nack, and insisted confession was a lie and was the instigator ana perpe- murder, Thorn being igno- ing until after Guldensuppe deen shot by Mrs, Nack. The woman sot jroduced during the second trial, t ho! but the n after three eged tiati all the assertions made by his awsrs as to the midwife’s guilt. The »r did not have the desirea effect on court opened this morning Law- verHowe began & summing up in behalf of thorn. Jige Maddox’s charge was carefully prearad and well delivered. It was a creited by the lawyers for the prisoner t be:xtremely lucid, fair and impartial. Th jury remained in deliberation just thee hours, when they sent word 1o the .uige that they were ready to render & wvedict. The fact of their remaining out saong gave hope to the defense, but a cah one of them took hissest in the jury. bo. his facial expression told very dis- tin:ly the result of the three hours’ con- feremve, ‘3iilty of the charge preferred,” were | 1he oninous words which fell from the »f he toreman of the jury. Thorn’s yer at once moved for a new trial on h cordanc with the weight of evidence, but the motsn was overruled. Just wat will become of Mrs. Nack has ot been made known by the Queens County athorities, but it is gt tiat the people will accept a plea m hec vhich will lishmat, At5:30 (ciock Judge Maddox re-entered rirom and dir cted the jurors to be broughiin. Martin Thorn was brought Dohl. ‘Ihe prisoner did not any signs of nervousness as the | Howe said: “Thank you; that is all | = t | It 15 balieved t | Alger | stated that he had 1t on the siand and substan- | generally | not call for capital | ’,mnem Asthe name ol each man was called out and he was asked *'Is that your verdict?” he answered *‘Yes, sir.”’ Thorn all the time was looking steadily the front row of the jurors. He ’drnp|\el‘l into his seat the moment the | | rollcall was completed. D.strict Attorney Youngs then arose and moved that a day be set for sentence. Mr. Howe was on his feet immediately and moved for & new trial on the ground that the verdict was against the evidence and the weight of evidence adduced. Judge Maddox denied the motion for a new trial. Mr. Howe asked the court to postpone the passing of sentence until next Frida and Judge Maddox set it down for Friday next at 10 o’clock in the morning. Then the court thanked the jury and discharged them. Just then Thorn leaned over and spoke to hislawyers. The juacve directel that Thorn be removed from the courtroom. Mr. Howe arose, and, addressing the aid: *‘If it please vour Honor, 1 like a few minutes’ conversation with my client right here.” This request was granted, and Mr. ) and y, still bearing him- Thorn was taken awa self as coolly as ever. None of the jurors would tell anything about their deliberations, but it was learned from reliable persons that the first six ballots stood 11 10 1 for conviction. On the seventh ballot they zll agreed. UNDER NWARTIAL LAW. As a Result of the Recent Rioting Vigorous Measures Are Adopted at Nontevideo. BUENOS AYRES, the last tioting in in which two persons wer several injured, says the Herala correspondent, has been an order pla the city under martial law again. Armed patrols surround the city, and troops are resting on their arms, though now com- arative quiet reigns. surances are given that as a resu!t of the big meeting in favor of the candidacy of Senor Cuestas, President ad interim, nich 40,000 persons participated, Con- gress has decidel to pass a vote of con dence in Senor Cuestas. This diminishes killed s g | the probability of a dissolution of that body. A provisional contract pri iding for the | reorgarization of the Province of Buenos Ayres Bank in tbis city nas been t a London syr n zation plan. Sl S LOVERING'S CONVICTION. signed. cate is béhind the reo | His Sentence of Reprimand by the Secretary of War Will Be Ap- proved by Alger. SHINGTON, Nov. Secretary has received from Lieutenant- Colonel Hunter, Judge-Advocate of the court-martial in the case of Captain Leonard Lovering of the Fourth In- fantry, the record of the proceedings and findings of the court. The Sacretary a mits that the officer bas been found guil of ill-treating Private Hammona at Fort Sheridan and that he has been sentenced to be reprimanded by the Secretary of Wa La W4 30. this afternoon Secretary Alger finally decided to ap- prove the sentence of the court, aithough be some days before the papers reach him, baving first to go to the Judge Advocate-General of the War Dapart. ment and then to General Miles for their endorsement before they will be in order for his action. A A INVESTIGATING GUTRAGES. Difficulties Encountered by the “Her- ald’s” Expedition in Reaching Erzeroum. NEW YORK, Nov. 30.—The following cable is from Dr. George Hepworth, who was sent by the Herald to investigate Armenian cutrages. It was most difficult to reach Erzeroum, and the voyage taxed our utmost powers of endurance. Several other members of the expedition feil ill from privations and excitement of the journey. The Herala’s correspondent, however, is =o far well, though nearly tired | to dea We did the journey partly on horseback, partly on wagons or slodzes, | and partly on foot. Two verr dangerous passes had to be cressed at Zinana arnd Kop Bagh. Twelve loaded camels the day before fell over a precinice. We es- caped without mishap, but are nearly frozen. Ample material has been discov- | ered here. There is strong evidence of the political character of the Armcnian movements. —_———— HEROISM OF A COAL MINER. | Covered by an Explosion and Badly Wounded, He Dug His Way to Freedom. | MASCOUTAH, Irn, Nov. 30.—Theo- pore Rebenstroff, a coal miner, had a ter- | rible experience at the Reutchler mine vesterday afternoon which may cost him | his life. He was at work in the farthest recess of the mine. He prepared a blast, touched it off and attempted 10 get away. He was too late. The explosion came with terrible force, and when he recov- ered consciousness he found himself buried in coal and slack. He knew it was useless 10 cry for heip, and piece by piece he removed the mass of coal. It was the work of hours, but he kept at it znd drageed himself to the mouth of the shaft. When finally reieased it was found he haa fainted. Wien taken out this afternoon both lees were broken snd he | bad sustained serious internal fnjuries. et srond that the verdict was not in ac- | i UNFOUKDED STORIES. | There Is Neither Misrule Nor Ex- | tort on by the Government i of Nicaragua. i Copvright, 1897, by James Gordon Bennett. | PANAMA, Nov. 30.—The Herald’s cor- respondent at Managus, Nicaragua, ad- | vises me that reports of misrule, cruelty jand extortion in Nicaragua sent out on absolutely unfounded. | November 1 are | Minister Baker is indignant over the re- KOCH LISTS 10 PUBLIC Wehner Claim Vetoed by the Mayor of San Jose. SUDDEN CHANGE OF FRONT. Only Recently He Declared He Would Apprcve Its Paymeant. MONEY PAID UNLAWFULLY IN THE PAST. | Cases Wherein the Express Prc- visions of the Charter Were Ignored. Epecial Dispatch to THE CALL SAN JOSE, Nov. after .—Mayor Koch | backing and filling or imming a little,” as he would nimself phrase it, for nearly four weeks, has at last put in his veto of the Wehner claim for $650. It is gen- erall is this action owing to the exposures that have bsen made in THE CALL in reference to the matter. Thus $650 has been saved to the tax-payers of tue city of San Jose. Tuere are many peculiar things sur- rounding this veto. It is no secret that the Mayor has repeatecly and lately sig- nified his intention of approving this claim regardless of the fact that it was passed by the Council in an illegal man- ner. Not later than last Friday, in an in. terview with 1Tue CawLy's correspondent, the Mayor expressed himself as follows: * “This second claim has not been paid, as [ myself want 1o investigate with the Ciiy Engineer and the City Attorney be- fors it is paid. Itis my opinion also that this work ought not to be CLANOR admitted that he was fcreed to take | advertised for. | [ If 1 find that the work is worth the | amount claimed L willapprove the bill, It is now in my office in the City Hall.” Yet the veio, as will be seen from the foliowing copy of it, was ostensibly signed | on the 16tn of November, and the reason | for dissapproving the claim was not tnat | | | the work was not worth the money de- manded for it. Thiss the veto as it” wac surreptitiousty filed with the City Clerk last night by the Mayor: To the Honarable the Common Council of the City | of San Jose—GENTLEMEN: 1 herewith reiury ty you the ¢ narles Webner for $630 for extra work in fi ling in the main-outlet sewer, | with my disapproval indorsed thereon, for the | Teason that tne amount is In excess of 100 | ana that the work for which that claim is in payment therefor was never aavertised or the co. ct awnrded sccording 1o the provisions of section 6 chavter 2 of Articie.V of the chsrter. V. Kocn, Mayor., | Dated Nevember 16, 1897. | | The veto was attached to the second | | claim put in by Char'es Wehner. This :s{ |d:|le«l September 20, 1897. The charge is made for extr | sewer and reads To fill along work on the main outlet n the bill as follows: ine of outlet sewer, a dis- | ot abomi 19.0 iineal feai, §650." | suncilman J. P. ¥uyand City Engineer C. M. Barker certified to the bil being carrect. Tne ¢ aim was f Clerk on November ed with the City 1897, and the proper | oath made by Mr. Wehner. On the same | date the Committee of Claims, comprising | Councilmen Wiltiam 7. Noltne and George B. Dittu [ lewance | . recommendad the al- | i P | | to the Council and 1t was duly | ssed by that body that same evening, | The question which now arises is: Why | | dia the Mayor withoold his veto all these | days when he had slready, according m‘ | the date the veto message, decided to approve of the claim as far back as November 162 True, there has been no meeting o' the Council since that date, | but neither was there any meetinge of that | body last night. Neither had the Mayor ' ) ven anv intimation that he intended to of the claim until vesterday r interview with Tx ). respondent. Inthe course of this investigation it was learned trom the records of the Council, of the City Clerk and of the City Treasurer, that another claim had been iliegaily paid out of the ci'v treasury. It was allowed to Nersh & McReynolds, the contractors | who performed tne work ‘in connecticn with the improvement of Guadaloupe coniract price was $27 On , the Council passed a claim - of the contractors named, This was approved by the of the same month, aud on the same day the money was drawn from the treasu This money can be re- ed jor the city under section 6, article I, of the ch , which provides as L cor- yor on ry officer who shall approve, allow or pay | any demand on thé treasury not authorized by Ianw, ordinance or this charter, shall be ble to tne cily individualiy. and on his official bond for theamount of the demand so illegally upproved, allowed or paid. This demand was illegally aporoved and paid, because the work for which the money was paid had not been awarded acco-ding to the provisions of the charter, woich require that all expenditures in ex- | cess of $100 must be ad vertised for and let | to the lowest and best bidder. | | Councilman Fay claims that this was | paid under a suspension of the charter, | but the council has no power to suspe r, d \ Worsteds and Cassimeres. WE HAVE JUST MADE UP AND PUT ON SALE TO-DAY Suits THEY ARE MORE THAN NOVEL- and Overcoats that are eye-openers. TIES—THEY ARE REVELATIONS. Suits in single and double breast Sacks and 3-button Cutaways—perfect pictures in color harmony—fit like a glove—and will wear till you will tire of them. THE KIND OF SUIT THAT WILL LAST, BECAUSE MADE WELL. The Overcoats—latest cut—swellest effect—a reflection of Broadway style— THE LATEST LAPEL EFFECTS—choice weaves of Kerseys, Meltous, Clay We could honestly ask $15 and $17.50 for either a Suit or an Overcoat such as you will find on our counters to-day. They are made here—by white labor. and see how made. the charter provisions bearing on this par- | ticular subject. Mayor Koch expiains the transaction by ciaiming that the new charter was not in effect at 1he time the claim was al- lowed and paid. In bis decision on the salary question yesterday, Judge Lorigan declarea that the new charfer wentinto effect in April last. This claim was al- lowed and paid last June. These two illegal claims against the city of San Jose were discovered in the | course of a cursory examination of the records. It is <tated by one of the Coun- cilmen, Julius Krieg, that among the $30,- 000 or $30,000 worth of cla.ms now out- | standing against the city there are a con. siderable number that are illegal, under the vision of section 6, chapter 11, arti- cle V, which 1s as follow No claim for commoaities furnished or service performed shail be valid unless prior 1o furnishing sucn commodities or the rendi- tion of the service authorily for the same was given by the Common Council o~ some depsrtment of the city government having authority to do so. No me. ber of auy department and no city officer | shall have power to create an indebtednass against the City or to furnish the basis ofa ciaim without said authorily. A violation of this section sha 1 be a misdemeanor. Councilman Krieg declares that many of the claims now on file in the City Cle k's office, which have not yet been passed by the Council, are the resuitof orders given by individual members of | tbe Council without the proper author- ity. Few claims outside of those based on co icte and the salaries of city offi- cials have been paid auring the past five months, as no money was available. The first installment of the city taxes is now being paid, and 1t wili be out of the funds thus collected that mcest of the claims will be satisfied. Itis expected that at the next meeting of the Council, on Monday next, many of these claims will be rushed through, and that in the hurry technical objections wiil be overlooked and many illegal bitls will be ordered paid unless some safeguard is provided. One means of protection would be the employment by the proper author- ities or the citizens of an expert, whose duty it shall be to investigaie all ques- tionab'e bills. If this precaution is taken many thousands of doliars may be saved to the taxpayers. The Council and the Muyor have demonstrated that they can- not be depended upon to protect the citi- zens from the raids of the tax-eaters, CAPTAIN QODUIY RESIGAMS. Denies Hs Was Guilty of Drunkenne. but Thinks It Best to Retive. NEW YORK, Nov. 30. special to the Herald s : Chaplain M. M. Goodwin, attached to the receiving ship Wabash, has resigned. tion. has been accepted, and will take effect to-morrow. Chaplain Goodwin was charged by Captain H. r. P.cking, com- manding the Wabash, with ness. The charges were chaplain for explanation, which reache! the department to-day. He denied he had been intoxicated, and explained that he had suife el severcly from headache and neuralgia. He thought, however, His resigna- | { | | { aber of the Common Council or mem- | | ! | | | up of the best citizens. AMS WEEPS AND CONFESSES Los Angeles School Di- rector Admits His Infamy. Describes How Teachers Were Mulcted by Members of the Board. Spares Not Himself and Drags Other Offenders With Him Into the Mira. Epecial Dispatch to THE CALL LOS ANGELES, Nov. —S8chool Di- rector Joseph F. Adams to-night made a full and open confession of his sins in the matter of gathering tithes from teachers, Janitors and other employes of the city School Department. He did not spare himself and he brought down other mem- bers of the board with him. Director Walter L. Webb came in for a lion’s share of the ignominy attaching to the perfidi- ous transactions, and in the lesser way the president of the School Board, Dr. Mathus, and Director A. G. Bartl-tt were both remembered by - the repentent Adams. The council chamber waz fore 7 o’clock by a crowd crowded be. that was made Fully 2000 more were compelled to go away, unable to gain admission to the hail. . The first witness was Dircctor Adams, He is 55 years of age, not a good talker | and & man whose presence would not im- press one. He was sworn, after which he ad his confession a valting voice. veral times he was compelied to stop. in | overcome by emotion, whiie tears coursed A Washington | drunken- | referred to the | | friend B that it was advisable for him to resign, | and he zccordingly submitted his resigna- tion. | down bis cheeks. In sub:tance fess on was as follows 1 was elected to the School Board as a Popu- list and was entirely in the minority. I naturally desired to get all power that 1 could for the purpose of securing patronage in the different aepartments of school employment for my constituents nnd especiaily in those depariments charged with the employment of lavorers and mechanics. When the board was organized it was pretty gencrally understocd that Mr. Webb aud his rtlett, through some influence with the President, were the principal powers in organizing it.” The makeup of the committees will show this. I mansged to get places on the Committees of Janitors, Supplies and Buildings, which were the ones whose patron- age was principally vaiuable to the consti- tu-ney that I represented. Shorily after we were organized Mr. Webb the con- | said about what w | mechanics, janitors and | from them. | was said s i the matters that have been testl | document pledging all promised me that I should have certain Paironage JOr MY constituents among the | teachers and particularly among the laborers employed by the board. I saw t Mr. Webb practis cally controlled the board und my dealings were, therefore, principaily with him. His being chairman of the Supply Committee made me know that upou him largely de- pended the emplovment of iabor by the board, and I was auxious to getall the iabor- ers employed from my ward that I could, the citizens of my ward being largely luboring men. Some time before the election of teachers and janitors Webb t)ld me that there was going 10 be a blacklist made up of principals, and he was going 10 give it 10 Ax el 10 g0 around and see them und collect some money 1 warned him nbout th «, that it wes wrong and dangerous, but he said lie knew isown tusinessand per isted in it. Whatever Isaid to the piincipals about their positions r Webb totd me About the plan to give the biacklist to Ax.eli. He suzg:sted that whenever anything was said between me and these principals whose names were on the blackiist I shoald talk to them in a way 10 ularm them about their places and tel! them to see Axtell 10 get jurther intormation 85 10 what to do. There was nothing definite s 10 be done with the money. I understood from Webn that Axtell was 10 pay the money (ollected Girectly to Webb, and Webb siid ihat he was going to divide it around, but claimed that he would have (o give the larger pari 1o bartiett and hrl Mathus in order, as he said, (0 keep them in line Webb also claimed thatas he had had and was huving, a large partof the iuborers and mechanics employed from my ward, that I should be satisfied with this patronage and sbould be willing to heip colleci this money to be used with the others. During this time Webb suggested to me that Coober. the jani- tor. ought to be made to pay a montn’s salary to keep his place and that Axtell should coi- lect it. Webb said that Ishould have a share of the janitor money or should have it made up tome in patronage from my ward, through his supply committee. After Axtell paid Cooper’s $60 to Webb, Webb came to me and said that he haa got Cooper’s moncy from Ax- tell, but that he was in great need of money. Iafdn'trec:ive a centof ihatsum and have never received any partof. 1 don’t know or any money having been raceived by any mem. ber of the board from any teacher or from any janitor, except the Cooper money that Webb said he received. This is the substance of my connection with ed 1o in this investigation. 1 bave given my reasons for getting into it. T canuot say how repentant I am that Isnou:d ever have allowea myself to become mixed up in a matter of this kind. In closing Director Adams placed nis resignation in the bands of the board. Zhen Director Webb arose and in avery impressive manner he pointed to Adams and said: “Gentlemen, there before you in that chaur sits the monumental liar of the age. He has just made what purports to be a conlession. He has lied before he made it and he lies now. I will vrove it. No charges have yet been made against me formally. I now ask that they be pre- sented, and I will then proceed to mv de- fense. 1 will show thatI have been grossiy maligned and that_a rans injustice has been done me. I am ready to pro- ceed.” An adjournment was taken, but not be- fore a majority of the board and the City Superintenaent of Schools had signed a teachers or em- ployes who would testify that they would not he disturbed in their posi- tions. School Director Bartlett is =oon to be gridironed. President Mathus denies that he ever received a dollar or that anvbady ever talked to him of receiving money. Look in our Geary-street window WALK IN AND AROUND; WE WANT TO BECOME BETTER ACQUAINTED. We refund your money on anything if unsatisfac- rs filed jnto, the box and answancd o ‘ ports and authorizes the denial, eir nane, Thorn faced the jurors| > cally, bu it was easily seen that he | s contrdliayg himsell with great diffi- ty. Hu lewyers evidently were more erlurbed bay Thorn. | ien the jurors stood up the clerk ofi t aldressed tiem and suid: *‘How | sen, is the prisoner guilty | a painful silence and the | urors locke at each other, evidently | wondering wo should answ Finally | Foremaun Mase spoke in a jolting, nerv- | ous way andjaid: **We find the prisoner, | Martin Thom, guilty of the charge as| preferred. Then the cerk read the verdictfrom the back of thi paper handed to him by the forem Lawyer Hole asked that the jury be | committee on resolutions Bryan Scores a Lows. BOSTON, Nov. —Mayor Josiah Quincy was renominated by the Demo- cratic City Convention. A resolution to indorse the Chicago -platform and Wil- am J. Bryan was smothered by being referred by the presiding officer to the The conven- tion was very noisy. An a'ter confirma- nof A:dermanic candidates was even more disorderly and the policemen were called in toeject an unruly delezate. . Prominsnt Ldweator Dead. NEW YORK, Nov. 30.—Dr. Henry Drisler, emeritus professor of Latin and Greek in Columbia University and fo - me-ly dean of the Columbia Fchool of Arts and twice acting president of the col- lege, died to-day, aged 79 years, 30 tory. We do it immediately, obligingly. 718 & 722 MARKET ST S. N. WOOD & CO COLUMBIAN WOOLEN MILLS SOWELL & EDDY