The San Francisco Call. Newspaper, February 6, 1898, Page 3

H*Q***O‘O&H&Q*#‘##‘&{_&&&fi“*#»64‘60600400*0‘604“6“00 R e e e e e e e e s THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 6, 1898. CLARK AN ENIGMA T0 HIS COUNSEL Heeds Too Well Their | THE JAPANESE ARE ENTITLED . TO CITIZENSHIP | R RRNRRURRRRRRRARNWARRIRIIRIRIBIRINRINRIBNS "HE OFFICIAL '? Advice to Keep | | B JAPANESE NOT MONGOLIANS. Silent. ‘ L | _ i If T Tg BERKELEY, Feb. 5. — The question to what race W ill Not Even Talk to the “ ASHING Oh ¥ the Japanese belong is not entirely settled. For my Men Who Will De- part, although 1 do not pretend to be an expert I think fend Him. allied the Malay than to them allied to the they are more closely to What the Department regard of State Bases Its race. Many as They Obtain Further Time in Which to Fcrm His Ac- any other Mongols, as well as to the, Malays, but 1 am inclined to |8 n i ik s 3 uaintance. o 01US10nSUpon 88 class them with the Malay rather than with the Mon- a 34 e golian race. The Lower United States st JOSEPH LE CONTE, PLAN FOR THE DEFENSE. Courts Differ Upon the ‘33 Professor of Biology, University of California Old Law. 1;; Will Seek to Prove That the Murder ‘SS W as Instigated by the Vie- Supreme Court Has Never Been Called Upon for a Decision. NEW TREATY IS DECISIVE. After 1899 There Will Be Nothing to Prevent the Little Brown Men Voting. Special Dispatch to The Call. RN & o WASHINGTON, Feb. ator Perkins of California said to me on Friday night: “I have no means of knowing what, if any, agreement has been reached with Japan ng the naturalization of her citi- zens, but it seems to me if this hed, it opposed another f the J ht of suff- y control the 5.—Sen- conce ton, Feb. 5. of Japanese in ion 1s completed ade to-day to as- the Japanese, : legislation the statement less there ary by ( d to the priv f they so de- able to meet W, State ly are re- v a question hypotheti- the re w juirements Department offic over, are not disposed to be put in the | position of laying down legal princi- | ples. But, in substance, their conten | tion is that under the laws as they ex is to-day Japanese in the United States | are entitled to naturalization. The offi cials freely admit that in some -in- stances the United States courts have taken the ground that such applica tions cannot be entertained, notably ir the Boston case decided June 27, 1884 known as “ In re Salto,” but they alsc csert that the practice of the courts | has not been by any means uniform ir | this matter and that there are very | many cases where Japanese have beer | admitted to the rights of naturaliza tion without the slightest objection on the part of the court. It is not denied that the State De- partment itself has not been consistent in its treatment of the question, as is made plain by reference to the existing regulations for the government of the diplomatic service, in which is to be found a direction to the United States officers abroad to refuse to recognize the claims of Japanese to naturalized clitizens' rights. However, the regula- tion was founded upon the old statute, section 2169, which was couched in terms so vague as to give rise to the varying constructions placed upon it by the courts, and the latest view of the department is, as stated, that the Japanese may apply for naturalization. The old statute seems to limit naturali- zation to white persons and persons of African descent. It was plainly a piece of patchwork, as history reveals, and an exact application of the test of lan- guage to it would not, it is held, prove the real purpose of its authors. Aside from that, the broad question has been raised that the Japanese are not be regarded as outside of white races, they not being Mongolian in the | true ethnological sense. It is probably sufficient for the pur- pose of this explanation of the depart- ment's position to cite these considera- tions as a matter that might readily account for the failure of the courts to reach unanimity in the construction of this law. There has not been up tc this time, it is said, any expression of opinion on the part of the court of last resort, th United States Supreme THEEIE 4440004444444 4 04000 THH PP EEEEE IS I I P4 : HERE'S Is Offered to the Readers U HOW TO EXAMINE THE Come t ing ve home d address, and We want u to examine you prefer, and we will expense. 'Return if not wanted. will want it if you see it. DX m. history a i about the read of civilization YOU WILL DISCOVER If you keep on ‘with the examir reach the conclusion that if you reliable, entertalning history of self a great service. at your time of life. work that would serve you references to American histoj Suppose you had to you, almost at a tion you would be u would not see you turning over at a time, but the dippings of ce, Think this over. tory. Tur they will art with the pictures. illustrate. ally your boys. tory—espe $1 a moia more, tory of tne United States. The E. Scudder, it. is entertaining. ner’s Sons could make it. laas A QUESTION FOR YOU: HOW MUCH DO YOU KNOW about the History of Your Country ? Do you not need it in your family ? Scribner's Great History of the United States ftO PER CENT DISCOUNT ntil February 18, WHEN PRICES WILL BE POSITIVELY ADVANCED. Claus Spreckels building, or telephone Davis 861, giv- OUT-OF-TOWN READERS. this great work. ill send you a complete set on approval, free of all TEST YOUR INTELLIGENCE. Be scholar and teacher at the same time. e order in_which they What do you know about the origin of polit- merate our wars and tell what they were about and Pick out a half dozen men famous in American biographical sketch of each of them. Tell something Maybe you do not fell like ente But what do 3 now in vour 4. tory of the U historic able to apprecia telligence and to your capacity for us ANY CHILDREN IN YOUR FAMILY ? What are you doing for your children? them loose in it and let them browse ncourage your children to read free American his- dated his ambition in the days when as a boy, men and great deeds that have made our country glorious. QUITE WITHIN YOUR MEANS. Desiring to encourage the study of American history, THE CALIL, TORY CLUB offers you the only complete popular history of tne United States In existence for the.sum of $150 all the payments shall aggregate $1750. The A MAGNIFICENT WORK. It cost more to make this history than ever was spent on any other his- lan lald by William Cullen Bryant, text by Sydney Noah Brooks, assisted by Edward Everett Hale, Rossiter Johnson and many other speciall artists from Abbey to Zogbaum; It is thoroughly accurate and scholarly, while at the same time it It is magnificently printed and bound. No other work on American history begins to compare with it In respect to illustrations. It 1s as perfect in every particular as the great house of Charles Scrib- That is saying a great deal, but it is true. DON’T FORGET that the prices will be advanced after February I8th. The San Francisco Call Scribner History Department, 1208 Claus Spreckels Building. s asasesaas s e st sadosssassnsnasasas s SO 22 RY of The Call at More than WORK. we will send a complete set to your Write us, stating binding We have faith in it and are sure you Name the have held office and give the across the continent. OUR NEED. tion long enough you eventually will should add to your library a complete, the United States you would do your- ng on a study of American history ou say to having in your house a and then you should come across 1y reading? ed States that would make clear usions that without explana- A'fl’gl_\ a day would go by that ges. You might dip only a lfttle would add vastly to your in- Iness and Influence as a citizen. its § a y Give them Scribner’s great his- > In it. Likely eno if they do thev will read the sto?li: a man famous in this country he read aho hek ut the great HIS- down and $2°a month u work in half leather c(::illlsl best of authors—the foundation and Howerd Gay an L X5 Bur“nllz\r):'le. Hd Sts; the b the best of map-makers worekede!u'p:rs + 3 + + + + + “ + + ¢ -+ - + + + + Be + + + + + - + + S + + + + + + + PY >¢ + 3 + ¥ + B + + + + + + e + + + + + - + + + > + - + + o + + bd + + S + + % T 3¢ 3 3 3 + Address § BRIV UERRIRVARNIIRIRINK PR R R R R E LR R R R R R R AR AR AR Court, and until such opinion shall have been called forth the question :‘annot be regarded as settled. When such opinion is rendered, of course, the Department of State will be bound by t, and meanwhile it has no desire to pose as a usurper of the rights of the judicial branch of the Government. As for the condition that will arise inder the new treaty with Japan that z0es into effect in 1899 the department 10lds that it confers upon the Japanese the rights of the favored nations in all matters. While there does not as yet °xist any naturalization treaty be- tween Japan and the United States, this cannot be regarded as a bar to naturalization, for there are no such treaties existing with a number of countries the citizens of which are ad- mitted to United States citizenship in compliance with the laws. BECOMES THE BARON'S BRIDE Miss Alice Younger Weds Baron De Devlin at Vienna. An Interesting Ceremony in the Church of the English Embassy. Copyrighted 1598 by James Gordon Bennett. VIENNA, Feb. 5.—There was an un- wonted stir here among the American colony here Tuesday morning when Miss Alice Younger, daughter of Dr. William J. Younger of San Francisco, was married to Baron Laval Nugent de Devlin, a first lieutenant in the Austro- Hungarian Tenth Infantry. The cere- mony took place in the little church of the British embassy. The chancel and altar were beautifully decorated with palms and evergreens. Rev. W. H. Heck- ler, the chaplain, officiated. Previous ceremony had been held in the morn- ing at the Evangelical Church in Doro- thengasse. Dr. Younger being unable to cross the ocean in order to be present at the marriage, the bride was given away by United States Minister Charlemagne Tower. The bride is a blonde, tall, and looked very handsome in her dress of white corded silk, trimmed with real point lace. Her veil was of tulle and she carried a nosegay of white lilacs. The groom was in uniform. The only bridesmaid, Miss Florence Younger, was dressed in pink silk, trimmed with the same shade of mous- seline de soie. The best man, Baron Bothner of Budapest, was also in uniform. The stepmother of the bride, Mrs. Younger, looked well in a brown vel- vet, with turquoise trimmings and small bonnet to match. Mrs. Tower had on a most becoming walking dress. The wedding breakfast was held at the Grand Hotel. Among the guests pres- ent were Count and Countess Potocka, General Von Muller, Colonel Amelin, Baron Brosch, lieutenant in the navy; Captain Podhajsky, Mr. and Mrs. Von Hagen and Professor and Madame Le- schatitsky. The bridegroom is the son of Baron Walter Nugent de *Delvin of Budapest. The family is of remote English descent. FINIGAN AT G0 10 JAIL AGAIN His Wife’s Attorneys Still on the Colonel’s Trail. Want Him Cited for Contempt Be- cause of His Failure to Pay Alimony. Special Dispatch to The Ci SAN RAFAEL, Feb. 5.—There Is more trouble in store for Colonel Peter A. Fin- igan. For some time past the prospect of again going to jail for contempt of court has hung over Finigan’s head, and now it is ready to descend. Mrs. Finigan in an affidavit filed this afternoon alleges that Colonel Finigan has paid no atten- tion whatever to Judge Angellotti's order that he pay $300 to her for expenses of suit, attorney's fees, etc., and $100 a month as alimony. Ex-Judge R. R. Bigelow on behalf of Mrs. Finigan to-day petitioned Superior Judge Angellott! to set a day citing Fini- gan to appear in court and show cause why he should not be found E‘ullty of con- tempt for not complying with the.court’s orders. When the Colonel is brought into court an interesting question will come u?‘ Finigan was once vefore found guilty of contempt and sent to jall until he should respect ‘the orders of the court. Finigan stayed in jail for six weeks and then filed a petition in insolvency, went before the court as a pauper and asserted that he was too poor to dpay allmony; that he had no money, and was in fact insolvent. Judge Angellott! was com- pelled to release Finigan. The insolvency roceedings are still before the court and inigan has not been discharged as an in- solvent. RUN ON THE ROCKS AT DRILL Two War Vessels Are Damaged While Off Key West. Bad Luck of Battleship Texas Has Not De- serted Her. The Iowa Also Strikes in the Center of the Ship Channel. ACCIDENTS KEPT SECRET. Mishaps to Vessels in Admiral Si- card’s Squadron Not Given tim’s Wife. ©Out Publicly. Spectal Dispatch to The Call. “ Spectal Dispatch to The Call. NAPA, Feb. 5.—George W. Clark, the| BOSTON, Feb. 5—In a letter which self-confessed murdefer of his brother, | was received this afternoon by a well ‘William Anderson Clark, was brought | known Boston man from one of the of- from his cell in the County Jail this ! ficers of the cruiser New York there morning to Judge Ham'’s courtroom to | are received some startling facts about be formally charged with the crime of | a series of accidents which are said to which he is accused. The prisoner, | have befallen several of the warships pale, trembling and with faltering step, | that form a part of the North Atlantic was led into the court by a posse of | squadron. The squadron under com- stalwart deputy sheriffs, who were | mand of Admiral Montgomery Sicard obliged to force a way through the |is at present at Key West, where the morbid crowd that filled the room and | warships have been mostly occupied overflowed into the corridors. The | with the practice of evolutions and prisoner was joined by his attorneys, | keeping. a lookout for Cuban filibus- E. L. Webber, Henry Hogan and C. J. | ters. Beerstecher as soon as he had beengiv- | The letter is dated at Key West, Jan- en a seat at the atiorneys’ tables. uary 28. The officer, after relating When order had been demanded the some of his own experiences, describes defendant’s counsel made a formal mo- | a certain day of actidents, all of which tion, asking the court to set aside the | have been kept quiet by the Navy De- information filed against their client | partment and which have not been be- and for which he was to be arraigned, | fore heard of outside of the officials of on the ground that before the filing the squadron. The letter says: “Yes- of the information the defendant had | (erday, Thursday, January 27, the ad- miral took the fleet out for drill. In not been legally committed by a magis- | z4ing out the Texas struck a rock and trate. In support of the motion the at- sustained some damage, just what we torneys said that the depositions laid have not learned. Captain Phillip, her before the committing magistrate, upon commander, and the navigating officer which the warrant of arrest was is- sued, did not state facts sufficient to constitute a public offense; that from the deposition taken before the com- mitting magistrate on defendant’s ex- amination there was not any reason or probable cause to believe defendant guilty of the offense charged in the in- formation; that the filing of said infor- mation against defendant by the Dis- trict Attorney without any affidavits of the commission of an offense was unconstitutional, and that the filing of said information against defendant by | the District Attorney was also uncon- stitutional. Judge Ham ryplied that as far as the | points incorporated in the motion were concerned they had all been decided by the Supreme Court, notably in the | Durrant and Ebanks cases, and he | would deny the motion. | The attorneys for the defense agked | the court for more time to review the evidence taken in the preliminary ex- | amination and to prepare an argument in support of the motion. By consent of | the District Attorney the request was | granted and it was agreed that Thurs- day next be set for the presentation of | the case to the court. On that day the prisoner will plead, and it was agreed that the case be set for trial on Febru- ary 21. Clark has become a puzzling client for his attorneys. When Beerstecher and Hogan were engaged to defend him their first advice to the prisoner | was to be cautious in his remarks and | to say nothing about his case to any one. That was a few hours after he| had made a confession of his guilt. | Since then Clark has heeded well the | advice given him, and his attorneys have been unable even to get him to converse with them. E. L. Weboer, a brilliant young man aud a promising attorney, was only a few hours before the case was called to-day asked to as- sist in the defense. Clark had not taken his lawyers into his confidence up to the time Webber had agreed to help to defend him, and when the prisoner appeared in the courtroom the trio of lawyers did not know whether their client would plead innocent or guilty of the charge. The motion that was presented was prepared hurriedly and it gave the de- fendant's lawyers an opportunity to ask for time to become better ac- quainted with the prisoner and agree with him on a line of defense. Clark has since his imprisonment tried every way possible to shield Mrs. Clark, the widow of the brother he confessed he killed, of any complicity in the crime, while at the same time, when asked direct questions of any al- leged actions ori her part which would make her equally guilty of the murder with him, he will neither affirm nor deny them. The murderer is a peculiarly consti- | tuted man. He is considered by those who know him best as a weak minded person, who could be easily led. Since his arrest he has recoiled from telling a lie with horror, saying that he would be eternally damned if he should give expression to an untruth; yet at the same time he looks upon murder as only a trivial omission. Clark’s attorneys to-day were elab- orating a line of defense and when the case comes to trial in all probability an effort will be made to show that the | man accused of the murder committed l the deed at the instigation of Mrs. Clark. It will be shown by testimony at the self-confessed murderer and Mrs. Clark had several times agreed to marry if only William Clark. the | husband of the woman, were out of the way. An effort will be made to prove that George Clark acted with the full cog- nizance of Mrs. Clark when he twice attempted the murder of his brother with poison, and also when on the morning of January 20 he shot his un- fortunate relative at the doorway of his home. An effort in this line of defense will be made to prove that the simple- minded murderer simply carried out the instructions of his brother's wife as | faithfully as he could and lured on by | the unnatural fascination the woman | had for him. | Stanford Sophomores’ Cotillon. . | _ STANFORD UNIVERSITY, Feb. 5. The sophomore cotillon will be given in the “gym’ on the 21st of this month. The following committees have beenappointed by President Burnett to take charge of the affajr: Arrangements—Messrs. J. F. Lanagan, H. E. Loughead, Clare Strohn, G. Woodruff, C. G. Brown, R. N. Dig- glis (chairman), Misses Nellle M. Holmes, A. M. Bell and Alice Balley: reception - committee— Messrs. C. G. M urphy, 1. Morgan, G. P. Rober Py R, Baden | the were called over and there may be a court of inquiry. Captain Phillip says that the damage to the Texas won't amount to much. “On coming back from the drill in the afternoon about 4:30 the Jowa went on a big rock in the center of the chan- nel. We (the New York) went back and got five wire hawsers attached to her. We then lit the fires under six boilers and attached the four engines. We got the Montgomery on ahead of us and at midnight or about 1 o'clock they started ahead at full speed. The Montgomery snapped her winch short off and broke down our sounding bridge.” These are all the particulars which are given of the accidents on that day, and the officer doesn’t say to what ex- tent the damages have been deter- mined, as the letter was written imme- diately after reaching Key West after | the disastrous afternoon at sea drill. He calls attention to the Indiana being rendered useless and says: ‘“The Indi- ana is broken down. They had a tour of one day coming down here and now the boiler makers from all the ships are on board of her, retubing her boil- ers.” Captain Phillip, who is spoken of as being “called over” for the accident to Texas, was formerly connected with the Charleston Navy Yard, and was ordered to the command of the Texas last September. The run of bad luck constantly seeming to follow the battleship on her cruises has been laughed at by Captain Phillip, who has been regarded as one of the ablest offi- cials in the navy, and in the four years in which he had the office of captain | of the yard at the Charleston Navy Yard he was regarded as one of the most competent officials who had ever served here. SHERIFF OF DOUGLAS COUNTY IS INDICTED. Charged With Neglect of Duty in Having Permitted the Uber Lynching. CARSON, Feb. 5.—The Douglas Grand Jury to-day indicted Sheriff Brockliss for gross neglect of duty in allowing the lynching of Uber. It also indicted Dr. Franklin for practicing medicine without a license. Lot msele WERE WRONGLY CONVICTED. Stupid Error in a Court-Martial Case in Virginia City. CARSON, Feb. 5.—Governor Sadler will arrive in Virginia City to-night and alter the decision in the recent court-martial case. He reviewed the testimony last night in Carson with Judge Mack and Attorney Alfred Chartz and discovered that Lieutenant Morgan and other mem- bers of Battery A were convicted of dis- obeying an order on June 18 which was not {ssued until June 28 and did not reach headquarters until June 30. The Governor is considerably disturbed and promises to rectify matters. ADVERTISEMENTS. THE OWL DRUG CO. CUT-RATE DRUGGISTS, 1128 MARKET ST, Sen Franciscos B A%\ 10th and Broadway, Oakland. Caconsaisn® 320 S. Spring St., Los Angeles. KLONDIKE REMEDIES WE CARRY MEDICINE CHESTS and CASES OF ALL VARIETIES. A suggestion a to s fow drugs you should carry to Alaska ¢ 500 Quinine Sulphate, 1-0z. tins... Quinine Pills, 2-grain, per 100 Quinine Pills, 3-grain, per 100 Phenacetine Tablets, 5-grain, Baker's Cough Balsam. per bottle. Mustard Plasters, 10 in a box Carbolic Salve, per box. Cathartic Pilis, per 100 Sulphur, per pound.... Carbolic_Acid, 4-0z. boi Raker's Liver Pills, per bo Friar's Balsam, for cuts and Fine Arnica, per pint.. Vaseline, per pound... Surgeons’ Silk and Needles, each. Citric Acid, per pound.......... Chest Protectors, from 50c upwi LECTRIC BELTS AND TRUSSES. B DICAL, APPLIANCES. for less money, or ADVERTISEMENTS. G00000C000OCO0OCO00CORCO0CO0O00000C0C000 Bear this in mind that no matter what prices other stores may quote you, we will sell you the same goods we will sell you better goods for the same money. Past the Experimental Stages of Outfitting?! (@++++44444444+4440 ¢ Complete Outfitters. What We Carry: DR S R R AR R R RS (Giroceries, Money Belts, Provisions, Tents, Hardware, Leather Goods, Sleds, Cooking Utensils + Pack Saddles, Camp Needs and : Mining Imple- Requirements, + ments, Rubber Boots of Rubber Blankets " Medicine Outfits, + 35 + all kinds, Woolen Blankets 3¢ Furs. all grades, Headwear, all kinds.. 1 4444444444444 0 Gr+++++++ 444+ 4444441444444 4444443+ The first and primitive stages of oulfits for Alaska find no place in our big outfitting estab- lishment. You have the benefilt of experience. The practi- cal requirements for Alaskan wearables and outfits are yours in our house. Youw find us complete outfitters—the best of everything and the big- gest assortment in all San Francisco. There is no other insti- tution, taking them all together, that carries half the assortment that we oz~ Eiy Sy The Mackinaw Cloth- ing that we show you det in all weights, 2 lbs., 3 lbs. and } lbs., but it is made and built on scien- tific principles and dif- ferent from the flimsy and poorly constructed stuff that other stores show at higher prices than we ask for our de- pendable and well-made goods. Monday we show our Denim Goods, lined with 2-pound Mackinaw ecloth. It's a new line, and those that have seen it already state that it fills a long- They come in the double- breasted coat, the three-quarter or long coat and pants, con- structed wpon scientific princi- + felt want. 56 ples and buwilt to last. Everything in the shape of outfits—from a needle to an anchor. ALL ARTICLES AT CUT-RATE PRICES. KENT'S MOSQUITO DRIVER, 0o Bottle. 3 B rman),” Misses M. Conneau M. Hohuaon, 2 . and E. Write for H dikers.”” Malled i our pamphlet, “Hints to Klon- e, Two Entire Buildings---Eight floors.