The San Francisco Call. Newspaper, January 7, 1898, Page 1

VOLUME LXXXIII.—N 0. 38. SA all FRANCISCO, FRIDAY, JANUARY 7, 1898. PRICE FIVE CENT TO KEE THE IN England’s Hand Against Russia in the Far East. If There Is to Becoming Clear How the Nations Will Line Up for the Fray. ERRRRORRIRICHCARARROL LI | GREAT BRITAIN AGAINST RUSSIA LONDC to a speci Shanghai, Ru to obtain te many’s for Port Art 1eteTute Ruin:nin s uouininln e lnin e nlele e n us en-Wan, It 3 2 & b 3 says: & “The R n oce fon of Port Arthur complet blocks 3| the entrance to Peking, and it & | & 1s imperative that the court should transferred to Nan- kin, t southern capital. LONDON, Jan. 6.—According to special dispatch from Shanghal the ex- istence of an Anglo-Japanese alliance 1s openly asserted there in well inform- ed quarters, an alliance to maintain the status quo in China and Korea, and to declare the independence of Korea, un- | der the joint guarantee of England, Russia and Japan. The Dajly Craphic publishes a dis- patch from Baron Hayshi Tadsou, Japanese Embassador to Russia, to the | Japanese Government, intimating on the authority of the German Embassa- dor at St. Petersburg, Prince von Ra- dolfn, that no understanding existed | between Germany and Russia with reference to the occupation of Kiao- | .-chau. FEROICHG) OO‘O& a PORT SAID, Jan. 6.—The Russian cruiser, R has arrived here on her w to China. SECRETARY SHERMAN SAYS THE RUSSIANS WILL TAKE A PORT. The Czar Must Follow the Pace Set by the Kaiser in the Raid Upon China. NEW YORK, Jan. 6.—The Herald's ‘Washington c following: Mir has offi ne rrespondent sends the Denby, at Peking, tified the Department the controversy between Germany and China has been settled by the lease of Kiaochau to the former of State t government for a term of fifty years. The effect of the lease on American “commercial interests will be consid- ered at the Cabinet meeting to-mor- So far as I am able to learn, Denby makes no mention of any in the lease that Germany be allowed to take possession of -P will any port in China in case Kiaochau is “found unsuitable for her purposes. “I think it will now be in line for Russia and France to take possession of Chinese ports,” sald Secretary Sherman to me to-night. “Their in- terests will require such action. Great Britain has Hongkong, which is a seat for- English interests, and noy Ger- many has Kiaochau. Russla is desir- ous of obtaining a southern port, where her ships will not be frozen in during winter. Besides her commercial in- terests are such that she ought to have a Chinese port, such as Germany has obtained. “So far as American commerce fis concerned, I expect it will have the same righ{s in Kiaochau as that of Germany. This depends, however, on | the commercial regulations which Ger- | many will place in force. From my understanding of the matter, Germany | is not given a title to the territory, but she has the right to substitute her laws for those which the Chinese have hitherto had in force. Her merchants will, consequently, not be subject to the laws of Chin 1t Kiaochau, but will be required to observe German law: I presume the Germans will now establish a large city at Kiaochau and ;.u<h (h ir commercial interests as vig- I suppose if the United States were to indicate to China its desire to obtain a Chinese port the government would be willing to grant it. But we want no such port. Our “ommercial interests are satisfactorily protected at the present time by treat- Jes, and besides, at Hongkong, and we will probably have the same rights at Kigochau, we are granted the freedom of the port in the same way as are the English.” The Chinese Minister, Wu Ting Fang, told me to-night that he had received no-dispatches from his Government re- garding the settlement of affairs. While the Minister naturally regrets that China was compelled to lease to Germany the territory of Kiaochau P | CZAR IN CHECK| Be a War It Is Bay, he was not disposed to dlscuss the matter for publication. An at- tache of the legation with whom I talked expressed great surprise at Rus- si s failure to interfere in the matter. “Of course, it is well understood,” he | nued, “that China appealed to ia for assistance immediately | | after Germany had landed at Kiaochau | and it was believed the Czar would | give the aid asked. It is evident, how- | ever, that Russia raised no objection in | the first place to the seizure of Kiao- chau by the Germans, else they prob- ably would not have con session of the territory.” It is believed at the Chinese Legation | that Russia will withdraw her shlps from Port Arthur in the spring. | view of the action of Germany in re- | Pechili. German diplomats here are delighted with what they term the triumph for | German diplomacy. It is now believed | that the departure of Prince Henry with a naval force to the Asiatic sta- | tion, after a theatrical farewell with | the German Emperor, was a bluff de- signed to impress China and the Reich- stag, the latter with a view of getting | the appropriation for increasing the | naval establishment asked for by the | Kaiser. PRy b e GERMANY IS JUBILANT AT WILLIAM'S SUCCESS IN GETTING A PORT. There Is an Under Note of Belief to the | Effect That Possibly Somebody Has Blundered. LONDON, Jan. 7.—The Times this morning says that it understands the term of Germany's lease of Kiaochau to be ninety-nine instead of fifty years. A dispatch to the Times from Peking dated Thursday says: Under agreement between Baron Helking, German Embassador to China, and Prince Kung, President of the Tsung- Li-Yamen, Germany will pay a nominal annual rental for Kiaochau. She ac- quires the right to begin forthwith the construction of a dock and a fortified coaling station. The belief in an early : | Continued on Second Page. | | ders FEEFREREEEREERR AR RE X RN * * * * * * - #* * * B * * * * - * ¥ * * # NEWS OF THE DAY. Weather forecast for San Fran- csco: Cloudy on Friday; fresh northwesterly winds. Maximum temperature for the past twenty-four hours: FIRST PAGE. Durrant Will Hang To-day. England and Japan Against Russia. College Professor a Prisoner. Appraises Comstock’s Character. SECOND PAGE. Los Angeles School Scandal. THIRD PAGE. Opposition to Hanna Growing. Pacific Rallroad Debts Discussed. nvicts Sold at Auction. press Company Robbed. Woman Burned to Death. Aged Lovers Bound to Wed. FOURTH PAGE. Spain Ready to Free Cuba. A Warm Day in Congress. School Funds Appropriated. Burglar Roup a Lifer. Greater Republic a Myth. FIFTH PAG! Good Work by De Vries. Bunkoed by a Detective. The Jubllee to Be Saluted. News Along the Water Front. SIXTH PAGE. * ES * * * * * * * * * * * * * * * * * * * * * * E | Editorial. Reform the Criminal Code. ‘The South and the Fair. Hot Times for Pension Attorneva A Silly Boodler. Normal Schools. Letters and Queries. SEVENTH PAGE. Fire at the Columbia Theater. Police Judges Get Together. NINTH PAGE. ‘The Dow Mystery Increases. News From Across the Bay. TENTH PAGE. Pollce Vacancies to Be Racing at Ingleside. Too Severe a_Sentence. Commercial News. ELEVENTH PAGE. Births, Marriages and Deaths. TWELFTH PAGE. The Fall of the Bulletin. New Grand Jury Committees. Schools to Be Investigated. HUEREXRRERSRRERR TR RRE N Filled. e e sk sk ok ok ok o oK kR KR kR R KK ok R ok ok R ok '#‘**************:k************* tinued in pos- | the | * | bail at $5000. | inary hearing on Monday next. | THERE IS A GENERAL ARRESTED AS A COMMON COUNTERFEITER Professor Dudley in a Most Peculiar Predicament. Accusedof Having Freely Circulated Spurious Money. Held in Heavy Bail to Meet the Charge of Passing Bad $10 Pieces. THERE MUST BE A MISTAKE Fellow-Instructors at Stanford Uni- versity Certain That Such Is the Case. Special Dispatch to The Call. COO0CCCOO0000000000000¢ % PALO ALTO, Cal, Jan. 6.— Professor William Russell Dud- ley, who has been arrested for passing counterfeit money at ‘Watsonville, is head of the De- partment of Systematic Botany at Stanford University, and is one of the best-known botan- s in this country. He came Stanford from Cornell Uni- where he taught bot- <. goooooooowoooooooooooooc SANTA CRUZ, Jan. 6.—Professor William Russell Dudley was arrested | at Watsonville this afternoon by Con- stable Pratt of Capitola, charged with passing counterfeit $10 gold pieces, but he was not caught in the act. Some of the coins were passed in this city and | atSoqueland Capitola. Abouttwo weeks | ago a counterfeiter succeeded in drop-: ping a number of them in the several | places. Some of the coins ought to | have been detected by thelr mere ‘ap- pearance, and it is wonderful that any- any a3 an Ir tructor and an as- professor for twenty , from 1872 to 1892. He was -mate at Cornell of Dr. of Dr. John Caspar head of the Depart- Geology, and of Pro- Melville B. Anderson, dof the English department. He received his B. S. degree at Cornell in 1874 and his M. S. He went to Harvard ty for advanced work and finished his course universities of Stras- stant year taining Kiaochau it is thought in State | Department circlesthat Russiamay take possession of Port Arthur with a view to establishing at that point not only a naval station but the terminus | for her trans-Siberlan road and a commercial port for her people. It Is expected Japan will withdraw from Wel-Hai-Wel when the Chinese war indemnity is paid, but such withdraw- al, it Is thought, will be taken advan- tage of by Great Britain, which will seize it and have joint control with Russia of the entrance to the Gulf of Jc an, Branner, ment of the burg and Berlin. Professor Dudley is one of the most popular members of the at faculty. He is quite retiring, a thorough gentleman, upright and of great integrity. The members of the faculty who know Professor Dudley best, while theysympathize with him on account of the distressing positicn in which he has been placed, cannot repress a smile at the absurdity of the charge brought against him. body could have been deceived by | them. Sheriff Besse and his deputies | and other officers had been on the | 1ookout for the offender since he oper- | ated here, and Constable Pratt hav- ing an accurate description of the man saw Dudley at Capitola and followed him to Watsonville, where he had gone by train. He has been identified by two or three of the victims, though if the same man he has shaved off his beard. In his possession when examined at the jail here were found cards bearing | the names of “Mr. Willlam Russell and “Mrs. William Russell The latter had black bor- sur‘h as are used by ladies in mourning. Among his effects was a complete set of maps showing the farms and roads in all this section of country. The known roads were marked in red, and the construction of the maps Indicated that they were for the purpose of guiding a traveler. He carries also & pocket compass and a pocket razor. The counterfeiter, whether Dudley or not, had evidently been aided In his work by two other men, who have not yet been caught. When arrested Dud- ley had $5 in gold and $2 16 in silver, all genuine. He says he is a professor | at Palo Alto, making $3000 a year, and was on his way there when arrested. His ticket was to that point. He is tall, of middle age and of quiet de- meanor, intelligent and rather uncom- municative, though perfectly at ease. He was arrested on a warrant issued by Justice Boyle of Soquel, placing He will have a prelim- EX0ODUS FROM THE PLAGUE. Within Forty-Eight Hours at Bombay 105 Deaths and 142 New Cases Are | Reported. BOMBAY, Jan. 6.—The plague re- turns for the past forty-eight hours’ record 142 new cases and 105 deaths. | There is a general exodus of the popu- lation and a suspension of business is | threatened. - e To Abolish Sugar Bounties. BERLIN, Jan. 6.—The morning pa- pers anticipate that Belglum will shortly call a conference for the aboli- tion of sugar bounties. Germany and Austria have already intimated to Bel- gium their willingness to send dele- gates. | British Warship Coming From San Diego. SAN DIEGO, Jan. 6.—The British man-of-war Phaeton, with its convoy, the torpedo destroyer, Sparrow Hawk, sail this morning for San Fran: COMSTOCK’S CONSOLATION VERY SMALL Not Greatly Damaged by Being Called a Blackmailer. Awarded Just Six Cents by a Federal Court Jury. Dr. Leverson Did Not Deny the Language Used to the Vice Suppressor. METHODS OF THE AGENT. Compelled to Admit in Court That He Has Written Laetters to Induce Crime. Special Dispatch to The Call. NEW YORK, Jan. 6.—"A notorious | blackmailer” Dr. Montague R. Lever- | s=on admitted having called Anthony Comstock, of the Soclety for the Sup- | pression of Vice, and a jury in the | United States Circuit Court to-day de- | cided that Comstock's reputation and character had been damaged to the | extent of 6 cents. This verdict does | not entitle him to costs. He had sued for $50,000 damages for defamation of character. Comstock appeared in court early. | He was accompauled by one of his agents and several substantial appear- | ing old gentlemen. Dr. Leverson got to | court early, too. He, too, was accom- panied by a number of old gentlemen. The first thing Mr. Comstock testified to was that when Dr. Leverson had made his rude remarks, he (Comstock) | had sald to the doctor that if he had | any evidence to back up what he said he (Comstock) would like to have him put it in writing. “Didn’t you go where he was to have an altercation with him?” “I did not. T thought he was a gen- tleman.” The remarks complained of by both sides were made in a railroad station in Albany. “And @an't yon peito D.. Lasverson for the purpose of stirring him up and getting him to say something upon | which you could sue him?" asked Dr. Leverson’s lawyer. “T did not,” answered Comstock. “And haven't you for twenty-five | years being inciting people to commit crime?* “In my capacity as postofice in- spector I have written ‘test letters’ which have been approved by the Su- preme Court and—" “Now,” interrupted Judge Lacombe, who is a very patient man, “you are | not called upon to go into all that.” “Tell me,” continued the lawyer, “have you not been writing letters for the purpose of inducing people to com- mit crime?” “I have not,” sald Comstock prompt- ly. Then it came out that when Com- stock had approached Dr. Leverson in the Albany depot Dr. Leverson said to him, “Go away. How dare you speak to me? Go away and leave me alone.” Comstock didn’t go away. and so Dr. Leverson called a policeman. Com- stock said that when Dr. Leverson had referred to him as a blackmailer he (Comstock) had asked the policeman to arrest Dr. Leverson. The policeman did so. “Because,” as Comstock explained, “as soon as the doctor had told me to | go away from him he also turned to a crowd and said, ‘Ladies and gentle- men, this s Anthony Comstock, the notorious blackmailer, etc.” ™ “Now, Mr. Comstock,” asked Lawyer Plerce, as he shook a letter at the witness, ““did you write to Dr. Park over the name of Annie E. Ray?” This made considerable legal dis- turbance, which was increased when Mr. Plerce continued: “Isn't it a fact that you have written letters In the name of young girls, stating that you were burdened with disgrace and pleading with doctors to whom they were addressed ‘For God's sake’ to gend them something, to. save them from disgrace for life?” This interesting line of inquiry was blocked by Judge Lacombe, who re- fused to permit such questions to be put to the witness. That ended the case, except for the summing up, after which Judge Lacombe charged the jury that, the alleged scandalous lan- guage not being denied, the only ques- tions to be considered in deciding the suit was provocation or malice and the amount of damage done to Comstock’s character and reputation. The jury came in with a verdict of 6 cents in favor of Comstock. PIM;’IDES FOR NEW REVENUE SERVICE VESSELS. WASHINGTON, Jan. 6.—Senator Frye to-day introduced a bill author- izing the Secretary of the Treasury to have eight vessels constructed for the use of the revenue cutter service, four of them to cost $160,000 each and one of them to cost $250,000, and the other three $45,000 each. The first four are to be used in replacing the Seward, the McLean, the Colfax and the Boutwell and the last three in replacing the ‘Washington at Philadelphia harbor; the Hamlin, at Boston harbor, and the Chandler, at New York harbor. The $250,000 vessel is to be used at the Col- umbia River bar, on the Pacific Coast. The bill was introduced at the instance of the Treasury Department. The old vessels to be replaced are complained of as obsolete and unfit for the service required. THE DANCE WITH DEATH NOW DONE DURRANT TO HANG T0-DAY THE ROPE WILL END IT ALL Governor Budd De- clares He Will Not Interfere. Courts Have Closed Their Doors to Any Further Technicalities. All Hope Has Gone From the Prisoner and He Is Weak- ening Fast. HE PRAYS CONTINUALLY. Defeated on All Sides, There Is Noth- ing Left for the Condemned Man but the Scaffold. The merry chase Durrant has led the grim avenger of the belfry murder is nearly done. The legal fabric that has taken so long to build, has worried courts and Judges and public for years and has led the case from omne end of the country to the other, is tumbling like a house of cards, and this morning will see the end. The Governor has refused to inter- fere. The United States Circult Court will hear no more motions, file no more papers and issue no more writs. The Supreme Justices in Washington will stay no process of the State courts, and under the weight of all his fail- ures the condemned man writhes in his cell and calls aloud in his anguish. He has spoken to the press, but his words were well weighed and threw no light upon the happenings of that April back in 18%5. He has seen his friends for the last time, and he knows his end is near. The gallows has been tried, the noose tested and the trap sprung. The executioners have been appointed and all the grewsome arrangements are completed. The last day’s struggle was marked only by disaster. In the morning Deuprey appeared before the United States Circuit Court, and, presenting a bill of exceptions, asked that it be signed. Judges Mor- row and De Haven took the matter under advisement, and after carefully considering the effect the signing of the bill would have upon the case, they decided to allow the request and they signed the bill, after examining it thoroughly to see that all was in legal form. Mr. Deuprey’s spirits rose at once. Having had the bill safely signed he prepared a notice of appeal and then, with a certified copy of the bill of ex- ceptions, he started for San Quentin and served both papers on the Warden. Then in the afternoon a formal appeal from the decision of Wednesday was offered to the clerk of the Circuit Court for filing, but he refused to have any- thing to do with them. They were left on the clerk’s desk, however, and Deuprey says if they were not filed it is no fault of his; they were offered and should have been filed. The mere fact of the offer of the papers, he says, constituted an appeal, and he is hon- estly certaln that at this time Dur- rant has a valid appeal pending in the United States Supreme Court. : WORDS THAT SHATTERED DURRANT’S LAST HOPE January 6. Hon. W. E. Hale, Warden San Quentin State Pri.on, San Quentin, Cal. Dear Sir: I have carefully considered the papers which were served upon you by the counsel for W. H. T. Durrant and submitted by you to me, and which purport to be a bill of exceptions of the proceedings had in the United States Circuit Court on the 4th and 5th inst. From this bill of ex- ceptions it appears that an application was made to the United States Cir- cult Court for a writ of habeas corpus; that the application was denied and the petition dismissed; that the counsel for the petitioner then filed and presented to the court a petition for an order allowing an appeal from the order denying the writ, which petition was denied; that the counsel for petitioner then requested that a citation upon the appeal petitioned for be signed, which request was denied; that the saild counsel then requested the court to fix the amount of a bond to be given upon the appeal peti- tioned for and offered to the court a bond and asked the court to approve the same in an amount to be fixed, which request was denfed; to all of which rulings counsel took an exception, and the entire matter is incor- porated in and constitutes the bill of exceptions so served upon you. In reply to your inquiry as to whether or not this will in any manner operate to stay the execution of Durrant, I desire to say that it is obvious from this bill of exceptions that the Circuit Court refused to allow the ap- peal; that in the opinion of Judge de Haven in this matter, sitting with Judge Morrow as a Circuit Judge he expressly held that it was within the discretion of the court to refuse to allow an appeal, and that where no ap- peal was expressly allowed there is no appeal pending within the meaning of the provisions of section 766 of the Revised Statutes of the United States and that this opinion of course controls. The alleged bond on appeal and the alleged notice of appeal and the notice from the attorneys, which were served upon you by counsel for Durrant, do not in any respect affect what I have already said. Respect- . F. FITZGERALD, Attorney-General. T S R sassaasss s s e S S e e e e e e e A e e e e ad R e R S e e e e e e e e e e a e e naas p z | i E On the same boat that Mr. Deuprey took from San Quentin came the War- den. He was worried about the legal status of the papers which had been so vigorously served upon him, and he wished to see and consult the Attorney- General on the proper course to pursue. The Warden was closeted with the At- torney-General for over an hour, and the result of the consultation was an opinion by the Attorney-General which set forth that the so-called appeal was of no effect whatever, and that there was no legal reason why the execution should not proceed at the time set by the court. At 2 o'clock yeuterday afternoon the Governor made public the fact that he had again decided to let the law take keen-sighted guards, who follow his every movement, noted that he was nervous and distracted, and evidently saw only the white of the pages he list- lessly turned. Ever since the conviction dawned on him that his lawyers had exhausted the resources of their legal quibbles he has grown rapidly weaker of nerve until his guards have come to the be- lief that he will go entirely to pieces when he is confronted with the gal- lows. From all accounts only the most meager idea of his state of mind has reached the outer world, as his guards are cautioned to silence as to what oc- curs in the death chamber and decline to give more than inklings of the par- oxysyms of rage and grief he has suf- fered the few days past, and more par- ticularly since the decision of the Cir- its course. His decision was the mere aunnouncement that he would not inter- fere, for he said he had gone over the case before and he saw nothing in this new application to lead him to an opin- jon different from that which he had held in the previous applications. The decision of the Governor was not much of a surprise, for even the most hopeful had expected nothing else. The Governor had made no previous an- nouncement of his purpose to not in- terfere, nor did he inform the Warden of it until late yesterday afternoon. The first person to visit the doomed man yesterday was Captain Edgar, who remained chatting with him for a quarter of an hour. No mention was made of the approaching execution nor was any phase of Durrant's affairs al- luded to. The condemned man knew that Deuprey was to go before the Cir- cuit Court again to-day in a last ef- fort to stay his fate, but said nothing either as to his hopes or doubts. He struggledtodiscourseaboutevery- thing save what was uppermost in his mind, and preserved to the close of the interview a calm demeanor, although the despair and agony with which he is tortured showed all too plainly in his haggard countenance and restless mannerisms. As the captain was about to withdraw Durrant asked him if he would not furnish a few envelopes for messages he wished to write to his friends. These the captain procured for him and soon afterward he wrote, sealed and addressed several notes which he kept until he could give them to his mother for delivery. Then he threw himself on the mattress in a state of collapse. Partly recovering from this an hour later he tried to interest himself in the Bible and religious works from which he professed to extract comfort. His cuit Court respecting the last habeas corpus petition reached him. It is learned from an authority in official communication with the guards that he is living a dual character. When a visitor is announced he braces up and seems to be the Dur- rant of the Blanche Lamont trial and the subsequent court ordeal through which he passed so cold bloodedly. He takes care, however, to avoid reference to the black Friday ahead, and con- fines his conversation almost wholly to religious subjects and trifiing remin- iscences of childhood. When the vis- itor departs he relapses into a pitiable condition, alternately weeping, groan- ing and raving at the courts and news- papers. Then will come a period of prostration, when he lies on the floor, groveling for a quarter of an hour at a spell. Durrant took no hope from the ap- pearance later in the day of Deuprey, who came accompanied by United States Marshal Baldwin to serve no- tice on Warden Hale of the filing in the Circuit Court of the bill of exceptions and to assert that under this action of the court Durrant could not be execut- ed to-morrow. The Warden posted off to San Francisco with all dispatch to consult Attorney General Fitzgerald. During his absence J. A. Spencer, the executioner of Folsom Prison, arrived, and together with Amos Lunt, the hangman of San Quentin, made a final test of the death rope. It was found in proper condition. The fall provided for Durrant is seven feet. About the same time Prison Chap- lain Drahms called on Durrant to offer him religious consolation. Shortly after the two men began praying Dur- rant burst into tears. This spell lasted for five minutes, after which he re- galned composure. The chaplain left him apparently in THE NORTHWEST WING, WHERE THE GALLOWS STANDS.