The San Francisco Call. Newspaper, January 4, 1898, Page 4

4 THE SAN FRANCISCO CALL, TUESDAY, JANUARY, 4, 1898. CASHED THE CLAIMS OF TEACHERS School Director Braly of Los Angeles at Fault. Head of a Bank Guilty of Having Violated the Law. R S S Y S U U U YUV VUV U YU U UV VU O UUUVe Discounted Warrants Issued by Order of the Board of Eduecation. PUNISHMENT IS SEVERE. Offender Subject toa Fine of $1000 and Disqualified From Hold~ ing Office. Spectal Disvatch to The Call LOS ANGELES, Jan. 3.—Another | member of the Board of Education of the city of Los Angeles has been found | 4 to have gone wrong. This time it is a | ¢ gentleman who has heretofore stood |y with the very best in social, financial | 4 and religious circles. And in his fall | 4+ he may carry down with him one of | the best-known financial establish- ments of the city—the Southern Cal fornia Savings Bank, of which institu- tion he is the president. J. H. Braly, the individual in ques- tion, was elected as a member of the Board of Education on the strength | of being one of the simon-pure candi- dates of the League for Better City | Government. The only other nominee of the league elected a member of the Board of Education was Charles Cas- sat Da It is this league that has been directing the prosecution against Walter L. Webb, who was acquitted | in the Superior Court of the charges‘ made against him of having received | “blood-money” from employes of the School Department. The offense of which Braly has been guilty, as proved by documentary evi- dence on file among the records of the | City Auditor, is punishable by impris- | onment in the State Prison for not | more than five years, or by a fine of not more than $1000, and forever dis- qualifies him from holding any office in the State. Incidentally he involved the bank of which he is the president in a transaction that may cost that FEEEP I A I L4 AR e e e e S e e e R e e e e e e e e e e R e e e e institution its right to do a savings bank busine The officers and direc- tors of the bank a J. H. Braly, president; Simon Maier, vice-presi- dent; M. Woolwine, cashier; A. H. v; J. M. Elliott, H. Jev- ne, C. W. Frank A. Gibson, W. C. Patters: | On October 26, 1897, Miss M. E. O'Brien cf San Francisco put in a| bill against the School Department for thirty Li s maps of California, charging therefor. This was as- signed on the same date to the South- ern California Savings Bank. On No- vember §, 1897, this claim was ap- proved by J. H. Braly and W. F. Poor of the Finance Committee of the Board of Educa n. Warrant No. 12,- | 221 was issued in settlement of this claim, and it was paid on December 14. On the back of the warrant is this in- “Received payment, So. | . _Bank, by A. H. Braly, | A. H. Braly is a son of the | president the bank. The Aummr'si receipt is signed in the same manner. As a member of the City Board of Education, J. H. Braly violated sec- | tion 923 of the Political Code, which |3 reads as follows: 2 € The State Treasurer and Controller, the | 4 several county v or town officers of | 4 this State, t deputies and clerks, are | 4 prohibited’ from purchas , or |+ in any manner rec se | any person or pe | ever, any State, county or city warrants, | script, orders, demands, claims or other | evidences of indebtedne: State or any county or cept evidences of indebtedn or held by them for services rendered as such officer, deputy or clerk, and evi- the funded indebtedness of such State, city, town or corporation. Section 71 of the Penal Code pre- scribes the penalty for a violation of the foregoing law as follows: Every officer or person prohibited by the laws of this State from making or be- sted in contracts, or from be- | dor or purchaser at sales, from purchasing _script, dences of indebtednes: of the provisions of such laws, is punish- | able by a fine of not more than one thou- sand dollars, or by imp State prison not more n five y E and is_ forever disqualified from holding any office in the State. The Southern California Sevings Bank violated subdivision 6 of section 574 of the Civil Code in purchasing the claim of Miss O'Brien. This is as follows: No corporation ‘shall purchase, hold or convey bonds, securities or evidences of indebiedness, public or private, except bonds of the United States, of the State of California, and of the counties, cities or cities and counties, or towns of| the State of California, unless 'such | corporation has a capital stock or re- served fund paid in of not less than three hundred thousand dollars. The capital stock paid in of the | Southern California Bank is $50,000, so that it does not come within the ex- | ception which includes only corpora- | tions that have “a capital stock | or reserve fund paid in of not less | than three hundred thousand dollars. For thus violating the law governing the manner in which corporations may invest -their money the bank is liable - to prosecution under section 803 of the . Code of Civil Procedure, which pro- vides for the involuntary dissolution of corporations as follows: An action may be brought by the At- torney-General in the name of the people of this State upon his own information or upon the complaint of a private party against any person who usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, or any franchise within the State. And the At- torney-General must bring the action whenever he has reason to believe that any such office or franchise has been usurped, intruded into or unlawfully held or exercised by any person, or when he is directed to do so by the Governor. J. H. Braly represents the aris- tocratic Fifth Ward in the Board of Education. He is about 62 years of age, and his family moves in the creme . de la creme of society here. He is a prominent church member. He is a native of Missouri, and came to Cali- fornia in the spring of 1849 and has re- sided here ever since. He was educated at the University of the Pacific, in Santa Clara County. He taught school in this State for twenty-five years, and was for eleven years vice-principal of the State Normal School at San Jose, against the | ¢ thereof, ex- | issued to Ly T ST RUUT RV ST R YR ST FU TS PN ST R P P P IR ST TP R VR FY T S PSP IS VST U RS Y -4 53 2 ) “ o 1 8 @ | DIRECTOR WEBB’S STATEMENT. N connection with the charges l made against Director Webb of the of Education, which he cialms were preferred as the result of a conspiracy to ruin him, Mr. Webb has given to ‘The Call the following signed statement regarding the trouble: The first trouble that arose in connection with the School Board occurred early In the history of the present board—in fact, at the time of its organization. In the city election of 1896, a new party or organization, call- ing itself the League for Batter City Government, entered the field, and either put up a ticket of its own, or indo: nominees of other partles. Charles Cassat Davis and J, . Braly were the only members of the Board of Education elected by the League for Better City ~ Government, without the assistance of any of the other political parties. There were five other members elected who had been indorsed by the , league. When the board met in mal session to organize for year 187, they first came gether as a committee of the whole, Immediately that this meeting was called to order, Mr. Davis arose and suggested that either he or Mr. Braly be elected president of the board, stating that the League for Better City Government was entitled to the presidency, as their nominees or indorsees represented a majority of the board, and that he and-Braly were the only members elected by the league pure and simple, and that, therefore, one or the other should be made president. Because that was not done and because the others thought fit to ar- Tange among themselves as to who should be president and the leading rincipal committees, Mr. Davis at once formed an ani- mosity toward the majority of the board, and at once assumed an antago- nistic attitude toward the majority. : The principal committees were selected from all the members. Mr. Con- rey was made chairman of the Teachers’ Committee, which 1s the most important committee of the board, as part of the understanding. Early in the course of the school year friction arose between certain members of the board. The firm of Harper, Reynolds & Co. had a sort of contract for furnishing hardware and school supplies to the city. This fontract was submitted to the City Attorney, and he deciared it to be il- legal. Thereafter the board purchased its supplies from the W. C. Furrey Company. This created some disturbance, but no member protested with any vigor, A'Xl‘t'{;fi Mr. Davis. It has been rumored that he was one of the attorneys for Harper, Reynolds & Co. Though Mr. Davis protested to certain members individuaily, when the reports of the Finan Committee were presented to the board they were adopted unanimousty, with but two fxceptions. = Mr. Davis at one time voted “no,” and at another time re- fused to vote. By thus adopting these reports the board ratified the ao- ‘;“‘l’,fio‘:l ég:flfllf,fere?t F\nyvl!vlj'rc;\mmltl!lees in plgrchasmg goods from the W. C. 3 any, instead of from Harper, i . - ter claimed 1o have a contract. g lresda BUR I AT vuring all of this time Mr. Davis continually complalned that the League for Better City Government was Dot Teceiving broper recosniting at the hands of board, and for some reason or other also Plalned that I controlled the board, and that Wwhatever the other mem- bers dia done at my sole instigation and request. A greater mistake, h'n\\' Ver, w never made, for though I did try to do my work and all that Wwas expected of me as a_member of the board, it is absurd in the extreme to think of my being able to control the majority of the members of the Board of Education. ~ It s not only absurd, but it is an insuit to them. When the Teachers’ Committee met to select the school teachers for the year 1897-98, they unanimously agreed to re-elect all teachers who had been marked the Superintendent or his assistant as ‘“exceilent,” to drop all teachers marked ‘“poor,’ and to examine all teachers who had been r&luyl;kcd “fair,” the board having used three separate ratings. This was one. One teacher, who was marked * tendent of Schools, was dropped with a number o way. This young lady is highly connected, her support the leaders of Los Angeles’ fashi Committee was besieged by the friends of most of the society leaders, im- ploring them to reinstate this Foung lady. =S¢ far did the maiter go'that I was threatened that unless I saw to it that she was reinstated would 10 ‘e all of the copper-plate printing that the soclety people had heretofore for- the to- Poor to fair” by the assistant Superin- f others rated in the same and at once there rallied to onable &ociety. The Teachers’ ven me. The visitations soon settled down to a committee composed of W. -B. Cline, president of the Los Angeles Lighting Company; T. E. Gibbon. one of Cline's attorneys, and Judge Cheney, another of Ciine's attornews. Finally Mr. Gibbon gave me very distinctly to understand that unless this young lady was reinstated I would live to rue the day. Shortly after this the League for Better City Government began a sys- ‘pm“(]c investigation of the School Department, hoping to unearth and bring to light some Wrong committed by some member of the department, and on all sides I heard that the movement was instigated Dy Mr. Cline and Mr. Gibbon in the hope that something could be found against me, The reason that all thi sure was directed against me, when the achers’ Committee compri ee members, was, I presume, the com- mon report that I was the most influential member of the committee, and also bec I was the most obdurate. In the early part of November of this year I was informed by Mr. Con- Tey, a member of rd, that certain principals and one janitor, a Mr, Cooper, had been vached by J. F. Adams, a member of the board, H erintendent” of buildings and janitors. Charges were ® twWo members, and a trial of them commenced. Within t time after the trial beg: proached teachers and j; it was proved that these two mem- anitors, and had received money from per. About this time a rumor came to me that two members of th had induced Mr. Axtell what they called a confe e board i Mr. Adams to come before the board and make Ly on, and to admit that they got this money from Cooper, and that they paid Accordingly, on Monday evening. November 26, Mr. Axtell and Mr. ams appeared before the board and g-called confession. ¥ admitted that they received this money from Cooper and claimed it was pald to me. Prior to this time both of these me; bers had been before the G of this county and testified there that they had never received s from any one connected wit h the School Department, and that thev did not know of any teacher janitor, or contractor who had been held up or compelled to pay any money whatever. After thus testifying, both of these men agaln went before the Grand Jury and confessed to the commission of perjuty at the time they made their first so-called coafession. They were both closely examined before the board by my attorney, and confessed that they knew of no money Whatever having been received by any member of the School Board from any coource, and knew of no teacher ‘or janitor having been illegally ap- proached, other than certain principals they named, and this Mr. Cooper. Afterward, in the course of a long examination before the board, my attorney in the cross-examination of certain witnesses brought out the fact that Axtell had received other momeys, with the result that on the next night, or two or three days thereafter, both Mr. Axtell and Mr. Adams appeared before the board to make a second so-called conression, ~ They aeain admitted that they had recefved money; this time from & man by the name of Morris, who was the janitor of the High School, and they again claimed that they pald the money to me. Afterward it was shown that Mr. Adams had received money from a man by the name of Rhode, the instructor of ghy!lcfll culture. ~ When Adams heard that Rhode testified that he had paid him $m, he again made A confession, and admitted having received the $10, but claimed that he paid me $50 of it and kept the other $8 because 1 owed hiam money. We then brought out in our cross-examination af one of the witnesses Ad Th rand Jury ny money that a contractor by the name of ) son had been forced to pay $5 to Axtell and Adams out of some moneys received by him for a contract fors repairs. Adams and Axtell at once stated that this money had been re- ceived and that they had paid it to me. In each instance and before it was shown differently Y our cross-ex- amination, these men swore that they knew of no other money having been received by me or by themselves, or b'y anybody connected with the de- vartment unlawfully. But when they found it was being traced to them they would again go on the stand and make another—as tey called it—cor- rection, and claim that they paid the money to me. It is a remarkable fact that, among 460 teachers, only two teachers have been found who paid anything for their positions. Neither of these taught in the ward which I represent. It is also strange that of some thirty-five now"t(enchers appointed, none was approached or paid anything for his or her Dposition. The Grand Jury on the unsupported testimony of Adams and Axtell presented an accusation against me for my removal from office. The case was tried before Judge Van Dyke and a jury. After hearing all of the evidence the jury in less than twelve minutes returned a verdict of not guilty. and I was clear, so far as the Superior Court is concerned, of the charges made. I have been before the Grand Jury, before the Board of Education and before the Superior Court as a witness, and my examination, direct and cross, covered something like seven or eight hours of actual time, and I defy any man to pick one flaw in my testimony, or show where I have been in any way inconsistent, or where a single statement I have made is not absolutely supported. except my denials under oath of the statements made by Adams and Axtell. Adams and Axtell were forced to admit, cation, and when witnesses on the stand they times. both before the Board of Edu- before the Buperior Court, that each had deliberately committed perjury no less than two to five And 4t has been one of the mysteries of this case why they have not been indicted for perjury, though rumor has it that the League for Bet-. ter City "y::.l'vrnmenl has ali along assured those gentlemen that they would be protected. - $Vhin the case was calisd. for trial in the Superior Court on the accusa- tion to remove me from office, after a day or two of delay, W. A. Cheney, the other attorney of W. B. Cline, appeared as retained by the League for Better City Government to prosecute me in the Superior «fourt. This fur- nished what I believe to be absolute proof, if any were needed, that this whole accusation against me is the result of my having refused to consent to the reinstatement of the young lady mentiened, whose markings were as I have stated. If any other proof were needed it could be found in the statement made by Mr. Gibbon in cross-examining me before the Board of Education. In answer to some such statemepts made by me he replied: “‘Perhaps, Mr. Webb, the dropping of Miss Mae Owen had more to do with this prosecution than you think.” After weeks and months of digging and investigating, after havin, brought before the board Pm};ln,\'e after employe, after having consum something like fourteen or fifteen nights in the ‘taking of testimony. the only thing which anybody has thus far been able to bring against me. s the unau?porled statements of Adams and Axtell, two solf-confessed per- Jurers. have already sworn, no less than on three different occasions under oath, that every word of their statcments was a lie, insorar as they nnfmpled to, fasten upon me any wrongdoing, and I again denounce them as lies. Whether or a0t it is true that these three one man, bossed by one man, is something 1 unable to say whether a letter which I after these troubles began, suggesting that 1 give $500 10 & cortain’ reporer of the Times. would be any correct indication of why I have been attacked 80 bitterly, by the Times especially. In this letter, which was not signed, it was saggested to me that in the fight then coming on I would neognthe support of the Times, and that I had better see a certain reporter of the Times, who has since done the reporting of the mee(lnfil- of the Board of Education, £nd give to him $500. t is needless to say that I did not do it. Whether my not doing it had anything to do with the bitter attacks is something I am vrable to say. * I have been acquitted by tlie jury that tried my case, and I believe by the community in which I live, and T am firmly convinced that I will be the Bosrd of Education when it is done fully acquitted and vindicated by with this long-drawn-out, all-comprehensive Investigation. =1 am certaiy it wili be found when 1L is all over that the most contemptible of motives has been at the bottom of this prosecution, During *he next yvear I will be found, as I have in the past, working for the best interests of the Los Angeles City schools, attempting to cons trol nobody, doing only that which 1 believe to. be right. 1 will continue to do this regardiess cf whether I am scored by the papers or not. 1 was born in this State just thirty-three vears ago, ard have lived here all my life. By my own unaided efforts I haye accumulated some con. siderable gropmy, and have built up a good by Never before in life have [ been called upon to defend myself against any charge whatsver, The whole thing is A trumped up, unfounded mass of ., Intended to break down the existing organization in ; power to the League for the Bchool Board and give the papers are now controlled by cannot answer. 1 am also received, directed to me, shortly tter City Governmen +444 AAMAAAAAAAASAAS A A SSanaa e R R s R S G R YRS R e e e e e e e e e e e o =T C.C.DAVIS il — Two Men Who Figure in the Los Angeles School Scandal. from which he resigned in the fall of 1883 to engage in banking and raisin growing at Fresno. Since then he has been actively engaged in banking and has been a resident of this city for six vears. Mr. Braly, in an interview to-day, made an attempt to explain and ex- cuse the discounting of warrants by saying it was done as a matter of ac- commodation to the original warrant owners and not as a matter of busi- ness. In reference to the warrant of Miss M. E. O'Brien of San Francisco for $225, cashed by the Southern Cali- fornia Savings Bank, Mr. Braly said: “Miss O'Brien came to the bank while I was there with a note from Secretary Johnson. I am not sure if it was a note. She may have come on a sugges- tion from him that we could help her out. After some talk with her, the matter having been referred to me by the cashieY, I decided to take her claim. I did this only after I had a conversa- tion with Mr. Johnson over the tele- phone. He told me everything was all | right and I knew there was money in the fund. Then I instructed the cash- ier to cash the warrant. It was done simply as a matter of accommodation to the lady. She was anxious to get away from San Francisco, and there was not to be a meeting of the board for at least a week to come.” Mr. Braly stated that at different times the bank had been induced to cash teachers’ warrants each fall Asked why this was done in violation of the law, he said: “Occasionally it happens that they are a little short in the fund from which the teachers are paid, and the teachers find it necessary to eash théir warrants. Occasionally one of our cus- tomers_brings in a warrant and asks us as a special favor to him to cash it. They usually, if not always, place the money to their own account, leav- ing it to draw on. The bank has never cashed one of those warrants except at the solicitation of a teacher and as a special accommodation, and, I think, charged less than any other bank would have done. It was not done as a matter of business at all; only to oblige one of our customers for a short time. I don't think it would amount, at any time, to $500 in one fall. The bank had ‘done this before I became a member of the Board of Education. We made it a point to do it only when we had to do so to save our customers. I told them at the bank to charge the teachers as little as possible—just enough to pay for the trouble of col- lecting.” DENY THAT THEY ARE PERSECUTING DIRECTOR WEBB, {Cheney and Cline Tell of | Their Attempts to Rein- state Miss Owen. LOS ANGELES, Jan. 3.—W. A. Cheney, the attorney prosecuting the case against Walter L. Webb before | the Board of Education, is a member | of the League for Better City Govern- | ment and is one of the gentlemen who | interceded in behalf of Mae Owen to have her reinstated. This is Mr. | Cheney’s statement of his connection with the affair: “I was retained by a committee from the League for Better City Govern- ment. I cannot tell you who com- posed that committee. I am not at | liberty to do so. They are the regular | executive committee. I see no reason | for stating who they are. I don't know as it would make any difference. These gentlemen stated they had been instructed to secure counsel, and came to me to see if I would act in the matter. This was the first I had heard | of it. T had no connection with it be- | fore this. It was simply a matter of business with me.” “Are you Mr. Cline's attorney or the attorney for any corporation with which he is connected?” was asked. “I have been the attorney for a num- ber of companies for many years, among them the Los Angeles Light- ing Company,” answered Mr. Cheney. W. B. Cline is the president and gen- eral manager of this company. “‘Are you not or have you not been the attorney for Mr. Cline person- ally?” continued the representative of The CaH. “That I must refuse to state. It is not my practice to state for whom ‘I am counsel.” “Did you ever, singly or in company with any other person or persons, go to Mr. Webb to intercede for Miss Mae Owen, in order to have her reinstated as a teacher?” “I went alone to the Board of Edu- cation itself. It may have been a board meeting or a committee meeting. I went in reference to the matter con- cerning Miss Owen.” “'Did you ever see Mr. Webb alone on this matter?” “I never had a conversation with Mr. Webb in my life, certainly not on that matter. There were several pres- ent at the meeting referred to. I can’t tell you who were present. My recol- lection is that three or four members ‘were present. Mr. Webb was there.” “Did Mr. Webb take any active part in the discussion?” “My recollection is that he did. He stated to me that Miss Owen had been marked ‘poor,’ whereas from members of the board I had heard that she had been marked ‘fair’ I went there to find out why they were going to re- move her and to try and induce them to dc her justice. She is not a friend, I should say, but an acquaintance, and not an old one. I went to the meeting of my own volition as soon as I heard of the situation. I had talked with Mr. T. E. Gibbon about it,” but den’t recollect if Mr. Cline spoke of it. I can state emphatically that I am the regularly retained attorney for the League for. Better City t. I don’t represent apy individual nor have I been approached to represent any individual or scheme.” t W. B. Cline spoke freely of his con- nection with the affair. “I have spoken to Mr. Webb but once in my life,” began Mr. Cline. “That was in an open meeting of the teachers’ committee of the Board of Education, when Mr. Webb, Mr. Conrey and Mr. Bartlett were present. I appeared before that committee in company with T. E. Gibbon and Louis F. Vetter. We inquired why Miss Mae Owen had been dropped from the teachers’ list and were informed that it was on Wccount of the low marking she had received. We pleaded for her reinstatement. but received no en- couragement. So far as the school board matter is concerned, with the exception of Mr. Mclnerney, whom I have known for several years, I don't know a member of the Board of Edu- cation, and I have never spoken to them of Miss Mae Owen's dismissal. Mr. McInerney was the only ome to | whom I spoke. I simply said I was sorry to hear that she was to be dropped. “Neither Mr. Gibbon nor Mr. Che- ney is an attorney of mine. Mr. Gib- bon is the attorney for the Los An- geles Lighting Company and Mr. Che- ney is the attorney for the Los An- geles Electric Company, with both of which companies I am connected. I had never spoken to either Mr. Gibbon or Judge Cheney prior to their em- ployment in this case In reference to it, nor have I spoken to any one else in that connection. I knew nothing of the Judge's employment until I read of it in the newspapers. “I have absclutely nothing to do with the prosecution of Mr. Webb.” LEAGUE FORCES GAIN A VICTORY OVER MR. WEBB, Charles C. Davis Elected Pres- | ident of the Board of Education. LOS ANGELES, Jan. 3.—In the elec- tion of Charles Cassat Davis as presi- | dent of the City Board of Education to-night, the League for Better City | Government won a decided victory over the Webb forces. This means a com- | plete reorganization of all the commit- tees of the board and the relegation of | ‘Webb and his friends to virtual obscur- | ity, so far as the board is concerned. | Davis is-one of the two members who were elected to the board as the nomi- nees of the league alone. The election of a new chairman of the board was the special purpose for | which the meeting was called. All the | members were present with the ex- | ception of McInerney, who has been | looked upon as a Webb man. His ab- | sence was viewed as an indication that | the “iron hand” of Webb had lost its | grip upon him. There was considerable | filbustering. Immediately the meeting | was called to order the Webb faction, | seeking to gain a postponement of the | election on the ground that a full | board was not present, hoping evident- | 1y that the postponement would serve to strengthen its cause, Bartlett moved for an adjournment of the meeting un- | til next Monday night. Conrey claimed | the motion was not in order, as a chair- man must be elected on the first Mon- | day in January. The point of order was declared to be well taken, and | Conrey moved to proceed with the elec- | tion. ‘Webb argued for postponement, on the ground that there was not a full board present. Davis claimed there | was no good reason why Mclnerney | could not be present and claimed his | absence ought not to defer action. | Kubach, the newly elected member, who takes the place of Adams, was in favor of delay until to-morrow night, and made a motion to that effect; but | after Braly spoke and called attention to the fact that eight out of nine was | a pretty good attendance Kubach with- drew his motion. The motion to proceed to the election | of a chairman was then carried by a | vote of 5 to 3, the noes being Bartlett, Poor and Webb. Conrey nominated | Davis for chairman and Bartlett per- formed the same service for Poor. Both | nominees refrained from voting and | Davis was elected chairman by the | votes of Braly, Conrey, Kubach and Mathis. Before the meeting adjourned Davis and Conrey introduced resolutions which are for the purpose of improving the present system of letting contracts for school supplies, providing for a method of checking up such supplies | and for a better method of appointing and promoting teachers. WILLIS CLEARED OF THE CHARGES Los Angeles County’s Assistant District Attorney Not a Boodler. Serious Allegation That He “Squared ’ a Murderer’s Case Falls to the Ground. Special Dispatch to The Call. LOS ANGELES, Jan. 3.—The charges made against Assistant District At- torney Frank R. Willis have entirely fallen to the ground. It was alleged that Willis had dismissed a murder prosecution against Frank Phillips and that he had been influenced to do so from improper motives. The matter came up before Superior Judge Smith in Department 1 of the Superior Court this morning. Deputy District Attorney McComas asked Judge Smith for permission to make a statement. He then announced that Mr. Willis had had absolutely nothing to do with the prosecution of Phillips. Mr. McComas said that he alone had dismissed the murder charge against him for the reason that the evidence was not sufficient to secure a convic- tion. He defled any one to prove that his action was the subject of just criticism. Judge Smith then exonerated Mr. Willls of the charges made against him. Attorney Le Compte Davis, who defended Phiilips at the time his trial ‘was on, announced that his client was in the courtroom and that if Judge Smith thought anything improper had been done in the matter Phillips was willing to waive all past proceedings and again stand for trial as the pris- oner at the bar. Judge Smith declined to accept the proffer and dismissed the proceeding. whole | shut them off the firemen were suc- | day the appeal of George D. Crossley | summer of 1895, and was charged with \ Ayer, Montesano, $8; George T. Ashley, = WAREHOUSES ARE BURNED Fire Destroys Two Big. Storage Buildings at Stockton. . At Least Ten Thousand Tons of Wheat Consumed by the Flames. Firemen Handicapped by the Corru- gated Iron Roofs of the Doomed Structures. Special Dispatch to The Call. STOCKTON, Jan. 4—At 12:10 this morning a fire was discovered in ware- house No. 5 of the Farmers’ Union and Milling Company, and before the de- partment“could respond the flames were beyond possible control, despite the fact that the warehouse district has much better protection than it had a year ago. ‘Warehouses 5 and 6 were quickly.on fire, and as they.both had corrugated- iron roofs the firemen were not able to put a drop of water on the flames until the roofs dropped, and then the structures were gone. As soon as it was seen that neither warehouse could be saved the atten- tion of the department was turned to saving the warehouse of the navigation and improvement company, which was separated from No. 6 only by a fire wali, and the Eureka Crown Mills warehouse, which had only the same protection from No. 5. Streams were withdrawn from the central portion of the doomed struc- tures and set at work on the ends with some effect, and by continuous fight- ing against the iron sides and roofs of the burning buildings which helped to cessful. The warehouses were well filled with grain, for both the Union and its clients have been among those who were waiting for the price of wheat to advance. The lowest estimate on the amount of wheat destroyed is 10,000 tons, and many puj it higher. There was besides considerable bar- ley and rye. Much of the grain was | the property of the union, but by far the largest proportion was held on | storage by the farmers of the Valley. The loss is placed at more than $500,000, though the territory covered | by the fire was not large. The loss on | the warehouses will be heavy, though both of the buildings and the grain were insured for a reasonable large share of their value. The fire started in the machinery of a grader and cleaner which was located near the western end of No. 5, and which was kept running night and day. | Some part of the machinery is supposed to have caught fire, though when first discovered by Night Watchman Ken- yon it was almost beyond control. The warehouses are built partly on a pile foundation along the bank of the channel. While the firemen were fight- ing the flames two other alarms were turned in from other portions of the city, but fortunately they amounted to | nothing. The steamer Ellen, with the barge Cricket, was lying alongside No. 6, taking on a cargo, but was towed out of danger by rowboats. The fire continues to burn in the great piles of wheat, which are in places as high as the . warehouses themselves, and they will continue to smolder for days. There has been some slight damage in parts of the other two warehouses by smoke. — GEORGE D. CROSSLEY'S APPEAL IS DENIED. United States Supreme Court Affirms t;ba Rulings of a Lower Federal Tribunal. WASHINGTON, Jan. 3.—In the Su- preme Court of the United States to- from the decision of the Circuit Court for the Northern District of California, denying him a writ of habeas corpus, was dismissed. Crossley was one of the railroad rioters in California in the being responsible for the death of a railroad engineer, caused by the derail- ing of a train. Imn the State court he was found guilty and sentenced. It was sought to bring the case into the United States courts on the ground that the derailed train was a mail train, but the court held that there was no statute under which the case could have been tried in the United States courts, and held that the application for habeas corpus was properly denied by the Circuit Court. FITZSIMMONS FIGURES IN A FIGHT IN A BARROOM. During a Wrangle Caused by an Unfavorable Criticism Attorney Hughes Is Seri- ously Wounded. SHEBOYGAN, Wis,, Jan. 3.—As the result of a bar room fight, in which Bob Fitzsimmons, champion heavy- weight pugilist of the world, Martin Hughes, a well-known attorney, Charles Seaman, a son of Judge Wil- liam H. Seaman of the United States Federal Court, and Edward B. McDan- iels, a comedian in Fitzsimmons' theat- rical company, participated, Attorney Hughes to-night lies in a precarious condition, and there are some doubts as to his recovery. The trouble grew out of a criticism passed on Fitzsim- mons’ show by Hughes, which was re- sented by McDaniels, who, it is alleged, struck the attorney over the eye, rup- turing a vein, from which blood flowed freely. — OF INTEREST TO THE COAST. Lieutenant John.B. Bennett to Be General Merriam’s Aid-de-Camp. WASHINGTON, Jan. 3.—First Lieu- tenant John B. Bennett, Second In- fantry, has ben ordered to Vancouver Barracks, Wash., for Guty as aid-de- camp to Brigadier General H. C. Mer- riam, commanding the Department of Columbia. Captain George Rahlen, assistant’ quartermaster, is relieved from Fort Riley, Kan., and ordered to Vancouver, ‘Wash. First Lieutenant Henry C. Davis, ‘Third Artillery, is in the city o = sonal business. First Lleutena{:t gecl;:;e Squire, Third Artillery, registered at the War Department to-day. Pensions have been granted as fol- | night or to-morrow. 1d, 36. B;o;::{ 1’s’;ecmsl postoffice service between d Healdsburg, Sonoma ggfi‘t’;rtwifinbe discontinued after Jan- 31. 2 “aCrzlltorma. postmasters were com : L. missioned to-day_as follows: L Tittle at Guinda, P. R. Bowers a.tPPre: ton, and Robert A. Costar at Pratt- ville. TATE SECRETARY OF S BROWN DANGEROUSLY ILL. Suffering From Rheumatism of the Heart, Accompanied by Other Com- plications. SACRAMENTO, Jan. 3.—Secretary of State Brown is lying at his home, 818 L street, in a very serious cm'u'li- tion. He was taken ill about a week ago, but it waé not considered danger- ous. Yesterday, however, a change for the worse took place, and his friends are now very much alarmed. Th: physician who is attending him_spen all of last night with him, and pro- nounces the case a serious one. It is said to be rheumatism of the heart, with other complicat{nns. rA ;‘Y:::egetés etter or w - expected for the bs e iy much worried. ————— CARMAN DISCHARGED BY JUSTICE MARTIN. Charges Against the San Francisco Man Fuil Fiat After Testimony Is Heard. CHICAGO, Jan. 3.—D. W. Carman of San Francisco, who was charged by William Binns of this city and @ number of others with obtaining money by false pretenses, was dis- charged by Justice Martin when the case was called for trial to-day. The charges against Carman fell flat, and he was not called upon to introduce any witnesses, the Judge discharging him after hearing the statement of the prosecution. Carman was charged by Binns and the others with seiling them land in California that was worthless. After discharging the de- fendant, the Judge announced that he would hear no more of the cases, as in his opinion there was no cause for action. JOCKEYS AND TRAINERS BARRED. NEW YORK, Jan.|3.—At a meeting to-day of the directors of the Horse- men’s Protective Association a resolu- tion was adopted excluding jockeys and trainers, unless horse-owners, from membership in the association. Matthew Byrnes was elected a direc- tor. As a result of the resolution adopted the resignations of several Jockeys and trainers were received and accepted. Jockey Frederick Littlefield, who has been employed by A. H. and D. H. Morris for many years, not only re- signed from the Horsemen's Associ- ation, but also gave up his position. Criticism because of his connection with the association is said to be at the bottom of his action. s sz s Rain Falls at Los Angeles. LOS ANGELES, Jan. 3.—The first rain since October 12 is falling to-night. It will cause general rejoicing through- out Southern California, as it breaks the drought which has been looked upon now as a possibility. The fall thus far is light, but the prospect is that it will be heavier before the storm abates. Deuth of Ex-Governor Ross. HOUSTON (Texas), Jan. 3.—Ex- Governor Lawrence S. Ross died to- day at his home at College Station, aged 60. 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