The San Francisco Call. Newspaper, February 12, 1898, Page 3

THE SAN FRANCISCO CALL, SATURDAY, FEBRUARY 12, 189S. (EVOLT 1§ BEGUN IN GUATEMALA An Attempt Made to Capture the Palace Stronghold. General Marroquina and Two of His Officers Are Shot. Other Barracks Are Attacked and Mendizabel Proclaimed President. MANY OTHER CANDIDATES. Appears That Barrios Met Hands of a It Now Death at the Hired Assasin. Copyright, 183, by James Gordon Bennett. PANAMA, Feb. 11.—Cable dispatches from the Herald correspondent in Gua- temala, Guatemala, state that to capture the cuartels near the palace, and that the new Government named by General Marroquina, as command- ant of this city, was going to assume charge. commandant, General Najera, and shot with his two officers. General Najera then attacked an- other of the barracks, but was re- pulsed, and left the city, proclaiming | General Menaizabel President. Numerous Presidential candidates are talked of, but nothing can be heard from the interior as to whether the rev- with other parts of the count suspected of complicit the murderer of Presi- been imprisoned. s' funeral took place mi ary and civil officials. Cabinet has been formed. *t is composed of Senor Antonio Minister of Public Works; Se- iano, Minister of Government ffairs; Senor Domingo iister of Public Instruc- ael Salazer, Minister of , and General Salvador Toledo, f War. All is quiet in San YORK, Feb. 11.— to the Herald in Guatemala w ction from an American in the event of a serious n in that country. Command- er F )nds, commanding_the gun- boat Marfetta, cables to the Navy De- t to-d nnouncing his_de- | n La Libertad for San Jose, He cabled to the Navy t vesterday, asking permis- 1 to San Jose, in view of Washing- Ameri- impression of Cen- diplomatists here that fon of President Barrios placed to the credit of the rev- who were defeated by Gen- ome months ago. It is s of that revolution are and that they knew that to get rid of the President » have him slain, and to pay the rer liberally for his act. The re- t a revolution has already been ed in Guatemala is regarded er was a paid VAN PELT PARTISANS RELEASED ON BAIL. Participants in the Oregon Feud Will Not Be Tried Until Sep- tember. CITY, Feb. CRESCENT 1.—Ed C. Hughes, dismissed from custody on Sat- | urday at Gold Beach, Curry County, Ore- gon, was the last of the Van Pelt party, charged with the murder of Al Coolidge at Chetco in November, to be released on bonds of $500 each. Hughes, Thomas Van Pelt Sr. and his sons, Robert, Charles, Lincoln, John and Thomas Jr., we ar- rested soon after the tragedy on suspic- fon of having committed the crime, and upon arraignment before a magistrate waived examination and were committed to jail to await trial before the Circult Court. In Curry County the Circuit Court has but one session during the year, and that in the month of September. Thus the little county was p in a bad situa- tion—seven prisoners to feed and care for in addition to the prospective expense of their Als, and the county gely in debt and its script current at a_discount of For a time the difficulty ut a remedy, ndence betw 40 per | seemed but after much cor- | n the local authorities | ney-General, by some sort legal process, it was determined that | «-6 cases were bailable, and upon the procurement of the stipulated bonds of & , the prisoners respectively took the boarding house, and at even If convicted sured ti d to hang, the county by that time will not be able to buy a rope for thefr execution. The present affair is only exampled, | per by a similar occurence in Curr e years past, wherein a fe nder indictment for felony, and the term of court far distant. The county Judge, with diplomatic zeal, vis- Ited the prisoner, and securing his prom- ise, upon the honor of a gentlemanly ras- . to return at the appointed time and take his potion, let him go upon _his own recognizance. The man returned and the Judge ga him two years at Salem. last | night at 1 o'clock an attempt was made | the State Department to-day concern- He was seized by the former | attended by the diplo- | . Guatemala, Feb. 11.—The | g inet has resigned, and a |lation to this cable concession is given This | below. 1 receive | be some- | in the reports that Barrios’ slay- | | French cable lin: CONGRESS WILL NEVER CONSENT Neither England Nor France Can Lay the Cable. Hawaii Cannot Act With- | out the Authority of | Uncle Sam. Why Concessions Sought in the Past Have Not Been Granted. SHARP CORRESPONDENCE. It Shows That the Treaty With the | United States Excludes Other | Nations. \' | Spectal Dispatch to The Call. Call Office, Riggs Hcuse, Washington, Feb. 11. Call correspondent inquired at The ing the report ‘that France had an- | nounced her intention of laying a ca- | ble from Tahiti to Honolulu. Assistant Secretary Cridler said that no advices had been received either | from the French Government or | through Mr. Hatch, the Hawaiian Min- | ister. The latter could not be inter- | viewed. He is in New York City. Cridler called attention to the fact that in 1894 Great Britain desired to lease | from the Hawaiian Government Neck- er Island for a cable landing, and that | after examination of the treaty be- | tween the United States and Hawaii | it was clearly shown that such a privi- | lege could not be granted without the | consent of the United States Congress. | Under the conditions existing to-day France would also have to gain the | consent of Congress. The diplomatic correspondence in re- In October, 1894, Minister Wil- lis wrote Secretary Gresham from Hon- olulu: “Negotiations have been pending dur- | | ing the past week between this Gov- ernment and the representatives of Great Britain in regard to an ocean | | cable between Canada and Australia, | touching at Necker Island or at this city. As there is a clause in our treaty with the Hawaiian Islands which pro- vides against the cession of any one of them to a foreign Government without our comsent, it is not thought that any definite agreement will at present be reached. On the 15th inst. Mr. Verlaye, the French commissioner, requested that your attention be called to the fact that his countrymen had just com- pleted a cable to New Caledonia, and | would probably desire to extend it to Tahiti, the Hawaiian Islands and the United States. For this reason he hopes that our Government would not be hasty in the matter. Minister Hatch of Hawaii conceded that the consent of Congress was necessary, when he wrote as follows: ‘To the Commissioners—I beg to again express my regret that this Government, by the provisions of cur treaty of reciprocity with the United States, as we read it, is at this time precluded from consid- eration of the terms proposed.’” In 1895 President Cleveland sent a special message to Congress in which | he said: “The Hawaiian Government | desires to lease to Great Britain one | of the uninhabited islands belonging to Hawail as a station for a subma- | rine telegraph cable ‘to be laid from Canada to .-ustralia, with a connection between the i{sland leased and Hono- | | lulu. Both the Hawalian Government | and the representatives of Great Bri- | tain in this negotiation concede that | the proposed lease cannot be effected | without the consent of the Unlt?d‘ States, for the reason that in our re- | ciprocity treaty with the King of Ha- waii he agreed that as long as sald | treaty remained in force he would not | ‘lease or otherwise dispose of, or cre- | ate any lien' upon any port, harbor, or | other territory in his dominion or grant | any special privileges or right of use | therein to any other power, State or| Government.” At the request of the Ha- | wailan Government this subject is laid before Congress for its' determination | upon the question of so modifying the treaty agreement above recited as to | permit the proposed lease. I hope the Congress will see fit to grant the re-| quest of the Hawaiian Government, | and our consent to the proposed lease | will be promptly accorded. It seems to | me we ought not, by a refusal of this | request, to stand in the way of the ad- | vantage to be gained by isolated Ha- wali, through telegraphic communica- | tion with the rest of the world, espe- | cially in view of the fact that our own | communication with that country | would thereby be greatly improved | without apparent detriment to any le- gitimate American interest.” Senators and Representatives with | whom The Call correspondent talked | to-day were of the opinion that Con- | gress would never give its consent to the landing in Hawaii of a British or Shooting Affray Near Reno. | RENO, Feb. 11.—Pasqual, an Italian, | shot Eugene Garovanti at Vista, eight| miles east of Reno, at noon to-day. The | trouble arose over Pasqual's wife. Garo- | vanti was shot in the back and had a | narrow escape from death. He was | brought to town. Deputy Constable Lee- | per arrested Pascual at Vista and he| will have his examination to-morrow. SCRIBNER’'S GREAT HISTORY OF THE UNITED STATES will be on exhibi- 1208 CLAUS SPRECKELS BUILDING until 9 o’clock this evening. Do not miss the opportunity of secur- tion at ing this great work cent discount Examine it. You The Call History Department, at over 40 per if ordered at once. will be interested. . 1208 CLAUS SPRECKELS BUILDING. | AWOKE TO FIND A LIVE IN MOUSE HIS THROAT A Colored Parson Compelled to Swallow a Too Curious Little Rodent. 3 % = 2 = and lived to tell the story. avenue. 3 & % 8 % The snoring stopped. the preacher was scared. all for his wheel, gulping, stifling. son of his flight. After two hours the little throat is sore. &8 % &% & 3 &8 % =2 % %8 = = %8 i3 &8 &‘8823838322558898238883!88932833{?3353!28’.’228289!9?282&'8889888888 HICKEY'S BODY IS SENT HERE Remains of the Suicide to Be Interred by His Mother. Father-in-Law Flagler In- quired by Wire as to the Funeral. Romantic Career of the “Baron” and Trinidad Prince Which Began in San Francisco. Spectal Dispatch to The Call. EL PASO, Feb. 11.—In accordance PASADENA, Feb. 11.—Rev. J. H. Kelley, the colored pastor of the African Friendship Baptist Church of this city, is perhaps the only di- vine who bears the distinction of having swallowed & grown live mouse Rev. Mr. Kelley lives on the corner of Illinois street and Los Robles A night or two ago he went to bed as usual. paper with him, he read for a while and then fell asleep. Now, Mr. Kelley is over 6 feet tall and weighs over 200 pounds. is not naturally small, and it has been widened by use in the pulpit. And when Rev. Mr. Kelley sleeps he sleeps on his back and he snores. A mouse loves music, and he also likes to investigate a hole. particular mouse was no exception. smooth-shaven face, plunged into the divine’s mouth, smelled something like food fumes, and down that esophagus he started. The preacher awoke. caught the mouse in his throat. The mouse squealed and clawed, and The pastor stopped not to don a proper garb, but raced mouse and He was followed by the other in- mates of the house, who tried in vain to catch him and inquire the rea- A doctor was aroused by the choking man; was poured ‘down the man’s throat sufficient to drown a dozen mice, intruder came up dead. Perhaps jolting over the roads had much to do with the happy out- come of the mouse. At all events, Rev. Mr. Kelley lives, though his Taking a news- ‘Rev. His mouth This He crawled upon the minister's Contraction of muscles ipecac 888 838 08 08 082880808 08280808 08 28080328 88225958 08088358 ROBS A WOMAN OF HER GOODS |Paso Robles Rancher’s Method of Fitting Out a Home. Transfers the Furniture From Mrs. White’s Dwelling to His Own. Takes Even Her Wagon Wherewith to Transport the Stolen Effects. Spectal Dispatch to The Call. SAN MIGUEL, Feb. 11.—John Gillis | with directions from the baroness, the | was arrested at Paso Robles yesterday body of Baron Harden Hickey, who committed suicide here yesterday, will | | Jesse Gillis, his cousin, was arrested | be conveyed to San Francisco to-mor- row and turned over to his mother, Mrs. E. C. Hickey. A dispatch from Pana, 111, from J. H. Flagler, father- to St. Louls, inquired what disposition had beer made of the body. The ef- baroness at Riverside to-day. Physicians who examined the body agree that the baron killed himself with chloral hydrate. He was at the Pierson Hotel in this city for several days without hinting to any one his identity. Among the effects were sev- eral letters from his wife, in which she repeatedly urged him to “give up your beastly chloral habit.” Among the telegrams received to-day was the following to the proprietor of the Pierson Hotel: “Telegraph me, at my expense, in full, care Planters Ho- tel, St. Louis, what disposition, if any, is vet made with the remains of Baron Hickey. J. H. FLAGLER.” The Baron's effects were shipped to- day to his wife at Riverside. NEW YORK, Feb. 11.—Comte J. de la Boissiere, who has offices in this city, was chancellor of the principality of Trinidad when the late Baron James A. Harden-Hickey founded his kingdom there. M. de la Boissiere has in his possession the manuscript of a work re- cently completed by the baron, and which is entitled “Soul Love.” M. de la Boissiere characterizes the book as “a theoretical romance treating of platonic and non-platonic love.” An edition of the book will shortly be brought out in Paris. M. de la Boissiere iIs the guardian of the baron's two children by his first wife, the Countess de Saint Pery. The girl, who is about 16 years old, is now completing her education at the Con- vent of the Sacred Heart in Paris. The boy, about 18 years old, is manager of the baron’s extensive ranch in Mexico. “Baron” Harden'Hickey, the remark- able adventurer, who ended his life at El Paso by poiscn on Friday, was a na- tive of San Francisco. His father was engaged in mining in this State in the early days of California, and_ he amassed a considerable fortune. Har- den Hickey was born in this city, and when he was quite a small lad his pa- rents went to France, after disposing of most of their interests here. The main object of the trip to the Continent was to give their son the educational facilities that were not to be found in this State at that time. There the young man was a close student in sev- eral of the best colleges, and he was graduated with most brilliant honors. Soon afterward he married an excel- lent and beautiful French lady. Then his father died and soon afterward his wife's death occurred. He came to America styled as a ‘“baron,” and he was the lion of New York for a time. He wrote for the magazines and his brilliant style and deep knowledge of the subjects of his essays made him the literary hero of the day. About six years ago he married Miss Anna Flag- ler, a daughter of the Standard Oil magnate. Life with his second wife was not all sunshine, and a separation followed. Hickey was fond of adventure. In his college days in Paris and in Leipsic he was continually fighting duels and he was always figuring in some esca- pade. Soon after his second marriage he organized a company that had for its object the seizure of the island of Trinidad and the organization of an in- dependentskingdom there, of which he was to be the ruler. The island was a part of the republic of Brazil, and the seizure was made without any objec- tions on the part of the Brazilians, but the English Government objected and Hickey and his followers were driven away from their little island kingdom, but not before the organizer of the compauy had been given the title of Prince of Trinidad. Gathering the Wool Crop. PHOENIX, Feb. 11.—Shearing has com- menced at Peoria, north of Phoenix, near which point 150,000 sheep are being held for the winter. The wool crop of about 500,000 pounds has been contracted for b; a Boston firm at 11 to 14 cents a pound. Most of the shearing will be done in new ens erected at Peoria on the Santa Fe, grucou and Phoenix Railway. About “))nol'medhemtoé- sheep and lambs will be shipped east om the same point within the next sixty days, 3 | inte and neari 'S fects of the late baron were sent to the | 1. Lhig - etitld for a crime which for audacity and | BELEW HELD FOR SLAYING HIS SISTER Denied Bail and Given Into the Sheriff’s Custody. Trial of the Poisoner Will Be Set for an Early Date. He Has Regained Confidence and Composedly Faces the Court. JUDGE’S QUEER RULING Qrders the Prisoner’s Brother-in-Law to Confer With Counsel for the Dsfense. Special Dispatch to The Call. FAIRFIELD, Feb. 11.—Frank Be- lew, who confessed that he poisoned his brother and sister, was examined before Justice Maynard to-day and held for trial on the charge of murder. The specific charge against him was the murder of his sister, Susie E. Belew, who died a few hours after par- taking of food prepared with water into which he had thrown a rat-ex- terminating poison containing arsenic in large quantities. If the authorities fail to obtain a conviction on that charge, the Grand Jury will be asked to indict Belew for the murder of his brother. The excitement consequent upon the arrest and subsequent confession of Belew has nearly died out, and but little interest was taken in the exami- nation. It was expected that people from all parts of Solano County would attend the preliminary hearing and the Superior Court room was engaged to accommodate them. Maynard took his seat on the bench at 10 o'clock the room was not half filled, and many of the spectators left before the proceedings were over. Reese Clark of Woodland and G. A. Lamont of Suisun appeared for Belew, while the prosecution was conducted by District Attorney Devlin. Belew nodded carelessly to his acquaintances when he was brought into the court- room by Sheriff Rush and Under Sher- iff Robinson. He appeared to have re- gained complete control of his nerves. It was predicted that he would break uniqueness can scarcely be equaled.| down when the witnesses commenced also as an accessory. During the Red Hills, near the Kern County line, in the vicinity of Shandon, was broken contents loaded upon a wagon owned by the woman and hauled off. Shortly after the burglary John Gillis, who, with his young wife and baby, had been living | | briefly testified to having had the wa- with Mrs. Gillis' father, Frank Young, a few miles southwest of Paso Robles, went to housekeeping near his wife's | parental roof. This coincidence of the burglary in Red Hills and the making of a new domicile at the Willows, forty miles distant, escaped notice at the time, but officers looking for the perpetrators of the crime suspected that members of the Gillls family, some of whom bear unenviable reputations, were the guilty ones. John Gillis had been seen in the Red Hills, accompanied by Jesse, about that time. I The fact that John Gillis and family had gone to housekeeping at a place near Young’s finally reached the ears of the officers. Investigation showed that John bought no furniture from the stores of this county and none was shipped to him by railroad. His arrest and that of Jesse followed. Constable Y. B. Sanders experienced no difficulty in arresting John, but Constable W. M. Sitton of 8an Miguel, who was sent after Jesse, arrived at night within a short distance of where he lived and was compelled to make camp. At day- light he went to the suspected man’'s house and served the warrant, Jesse, zggerhprel‘ext tl)t hwamlng breakfast changing clo ana tafl:d I thes, tried to escape, After the arrest of John G ‘White was taken tc his pla(;gm:n]&;h:t' once identified all of the property stol- en, Including her wagon. The articles were reloaded upon the wagon and re- stored to her home. The distracted and weeping wife, torn from her husband and left without household effects, was obliged to return to her father, On the day of the issuance of the warrant for Jesse Gillis at Paso Ro- bles, another one was made out at San Luis Obispo. This charged Jesse Gil- lis with stealing cattle, the evidence against him being hides and heads of steers he Is sald to have sold to Ed Smith, a butcher of Paso Robles, which were identifled by the owner. Should Jesse not be held as an accomplice to l}}etflé-s( ;rlér;e, heI Wwill doubtless be con- victed o sposing of ot ' stg‘ck- 8 her people’s he men were each pl, $2500 bonds to answer for Il;\;.rogel:ry‘.mggf ing unable to give bail, they are in the custody of Sheriff Ballou, P. Gillis, the father of Jesse, lives in the Red Hills spoken of. He has served a term in San Quentin. He was a wid- ower until recently, when he married a woman from San Francisco. Jesse is unmarried, and lives with him. CHARLES FAIR TAKES THE KEELEY CURE. Goes to White Plains Under an As- sumed Name, but His Identity Becomes Known. NEW YORK, Feb. 11.—Charles Lewis Fair has graduated from one of White Plains’ most widely known institutions, the Keeley Gold Cure Institute. The us- ual Keeleyite finds quarters in one of the hotels or boarding-houses. Fair, how- ever, hired a handsome residence, and for a month resided there with Mrs. Fair and their servants. The time was spent very quietly. Four times a day Fair reported at the insti- tute and with the other thirty patients bared his arm for the hypoderml% injec- tion. Falr attracted considerable atten- tion as it became nolsed about who the temporary resident of White Plains was, although he at first attempted to avold any notoriety b{{ assuming the name of C. D. Forbes. u.nxl drives were taken through the beautiful roads ‘hestér County. Mr. and Mrs. Falr left White Plaing yesterday and are now in | L8 racos o New York To-morrow th sail | This agre for an trip abroad. |ot | he might | dence to of West- | giving the testimony that will un- doubtedly bring him to tne scaffold. Belew remained perfectly composed, latter part of January | however, and to all appearances was | the house of Mrs. Susan White in the i ¥ in-law of the deceased, who is en route | the most disinterested person in the room. He leaned back easily in a chair at the side of his counsel and never for an instant did he betray any emotion. He listened to the witnesses with as much indifference_as if they were telling something in which he did not have the least concern. B. F. Newby, a constable at Dixon, ter in the tea kettle analyzed, after the prisoner had suggested to him the advisability of having the kettle re- | tained to be used as evidence in the event of the prisoner being found. Attorney Clark devoted his cross-ex- amination principally to questions rela- tive to the size of the kettle and the number of holes on the stove in the Belew kitchen. All of these were very amusing, for the spectators chuckled. Bruno Klein, who partook of the poi- soned food and came near losing his | life, told of how he became sick about | ten minutes after eating the poisoned | food. Susie Belew, he said, was sick when he went to the house for break- fast. District Attorney Devlin introduced in evidence the testimony from Belew | at the Coroner’s inquest, and the pros- | ecution rested its case. Attorney Lamont asked that a recess of ten minutes be taken, in order that consult with his associate. When court reconvened Lamont moved for a dismissal of the case. He sald that there was not sufficient testimony | to warrant the court in holding Belew | for trial. | there was no evidence to corroborate He argued at length that the confession of Belew, and said that the Supreme Court had held that the simple confession of a prisoner in cap- ital crimes was not alone sufficient to uphold a verdict of conviction. ‘Attorney Clark followed in the same strain and said: “Outside of the ultra-judicial confes- slon of Frank Belew there is not a | single guilty circumstance around him, | and there never will be.” “I think that there is sufficlent evi- warrant me holding the risoner,” replled Justice Maynard, Esmd the order of the court is that he | be held to answer a charge of murder | without bail.” “Is John W. Bird in the courtroom?" asked Attorney Lamont. Bird is a brother-in-law of Belew, and to him the former first admitted his guilt. Bird arose in his seat and advanced a few feet. “We are surprised,” said Lamont, “that the prosecutor did not see fit to place Bird on the. witness stand. We .have learned, through the papers, that he is in possession of important evi- dence and we wish to consult with him. I would ask that he meet Mr. Clark and myself at my office after ad- journment of court.” Attorney Clark seconded the request, whereupon Bird declared that he would not go to the office. y “I have nothing to do there and I'm not going. I don’t want to see you, Mr. Clark,” he said. Justice Maynard frowned and direct- ed Bird to step forward. “It is your duty to go to the office as requested sald he, “‘and it is the order of court that you do so.” The order of Justice Maynard was a surprise, for he had no legal right to make it. Bird scowled, and when the Sheriff removed the prisoner, he left the courtroom with the other specta- tors. He obeyed the order to the extent of going to the office, but he would not consult with Belew’s counsel. Belew will be arraigned as soon as the necessary information is filed against him by District Attorney Dev- lin, and the case set for trial at an early date. The authorities expect to have a hard time in getting a jury, as nearly every one in Solano County has a very fixed opinion as to the guilt of the defendant. . Chile and Peru Agree. Copyright, 1898, by James Gordon Bennett. LIMA, Peru, Feb. 11.—I am reliably in- formed that an agreement between Chile and Peru for the settlement of the ques- When Justice | | to the Oregon Central MYTHICAL FOES ON HIS TRALL Thomas Findley of San Francisco Insane at Tacoma. Examined Before Judge Kean and Committed to an Asylum. Has for Weeks Believed That Armed Men Were Seeking to Take His Life. Speclal Dispatch to The Call. TACOMA, Feb. 11.—Thomas Findley, a San Francisco clerk, 29 years old, was an object of pity to-day as he sat before Judge Kean being examined for insanity. For a number of weeks Find- ley has believed that armed men were chasing him with the intention of kill- ing him. He has wandered about the country east and south from Tacoma, being fairly rational when in company, but at other times acting demented. He arrived in Orting yesterday morn- ing, and a few hours later jumped into the Carbon River, trying to hide from his rescuers behind some rocks. He was taken out and locked up. This morning the town marshal brought him to Tacoma, and he was sent to an in- sane asylum. Findley told the court that before coming here last month he worked for Thomas Kerr,a merchant on Montgom- ery street, San Francisco. He came north, intending to go to the Klondike. On the boat his imaginary pursuers haunted him. Since arriving he has been wanderingbetween Puyallup, Roy, Kent and Sumner. Much of the time he has spent in the woods with little to eat. The examining physician to-day ex- pressed the belief that Findley had hereditary insanity, and that it had been hastened by privations and bad habits. He is an inveterate cigarette smcker, preferring a cigarette to his dinner. His disease has taken the form of melancholia and insomnia, and he has a strong desire to kill himself by | drowning or poison. He acts like one in the incipient stages of general pa- ralysis, which will be his lot unless the asylum can cure him. His brother, Frank Findley, is secretary to Mr. Moody at Sausalito, Cal. KLAYATI LAYDS 10 BE ALLOTTED California and Oregon Land Company Loses Its In- Junction Suit. The Government Retains Possession of the Large Tracts in Dispute. Special Dispatch to The Call. PORTLAND, Or., Feb. 11.—In the Unit- ed States District Court to-day Judge Bellinger handed down a decision in the case of the California and Oregon Land Company vs. the Government agents seeking to allot the lands of the Klamath Indian reservation. The plaintiff corporation sought to re- strain the agents from allotting the lands on the ground that it had title to them by virtue of purchase from the Oregon Central Military Road Company. The lands in dispute, comprising about 130,000 acres, were a portion of the grant of Congress to the State of Oregon for the construction of a military road from Eu- gene City to the. eastern boundary of the tate. In 1864 the State deeded the land Military Road Company, which constructed the road and the plaintiff in this action claims to ;\at\t'e acquired title by purchase from the atter. The case was presented to the court on an application for a temporary injunc- tion restraining the defendants from pro- ceedings for the allotment until the mer- its of the controversy are determined. The court denied the application, and this virtually disposes of the matter, as the | allotting agents can now proceed with their work without further interruption. If the plaintiff has further recourse it is against the Government for the value of the land that It claims title to. In the treaty with the Indians the court finds that a reservation was made for the land now known as the Klamath res- ervation. and_ that passed from the Indians. S GIVEN: FREEDOM BY THE JURY James F. Petray of Sonoma Found Not Guilty of Manslaughter. Returned After a Long Absence to Stand Trial for the Killing of John Bachman. Special Dispatch to The Call. SANTA ROSA, Feb. 11.—The case of James F. Petray, charged with man- slaughter, which has occupied the atten- tion of Department 2 of the Superior Court for several days, came to a close this afternoon, the jury bringing in a ver- dict of not guilty. The trial has been one of the most largely attended here in years, residents from all parts of the county having been in constant attend- ance since the case was called. The crime with which Petray was charged was the killing of John Bachman on March 1, 18%. Petray's father and Bachman, who were neighbors, had some trouble over stock, and young Petray struck Bachman several times during the discussion. Shortly afterward Bachman died, and the Grand Jury returned an in- dictment against his assailant, charging him with manslaughter. Before the officers could serve the pa- pers upon him Petray disappeared, and, despite the efforts of the authorities, could not be found. A few months ago he sud- denly returned and expressed a desire to stand trial. His appearance created a great sensation owing to the prominence ‘of his family and the importance of the case, but the trial was n_at once, and ended with the result here an- nounced. The jury was out only three minutes, and upon its return to the court- room the defendant and his atterneys, T. J. Geary and A. B. Ware, received the :nlth\‘xislastlc congratulations of Petray's riends. Al s Reported Killed in Alaska. STOCKTON, Feb. 11.—It was rumored in Stockton to-day that Messrs. Powers and Woods. who left Milton last. summer for the Alaska goldfleldl, had beencaught by an avalanche and buried allve. Mrs. Sollinger, a sister of Woods, says that she last heard from her brother in Sepe tember. His relatives, however, express n'f;‘:.nxlm,om the fact that he has not title to this never LAWYERS WILL GET NEARLY ALL What the Barron Will Contest Has Cost Young George. Has Paid Over Seventy Thou-~ sand Dollars to His Attorneys. Eager Now to Compromise and Save What Is Le t of His For- tune. Specfal Dispatch *~ The Call. SAN JOSE, Feb. 11.—The hearing of the petition asking leave to compromisa the contest of the will of the late mil- lionaire Edward Barron, brought by George E. Barron, a son, came up in Judge Hyland’'s court this morning, The case was argued and submitted, Attorney H. V. Morehouse appeared foy George E. Barron, Judge McKinstry for Mary F. Barron, and Judge Spene cer for Eva Rose Barron, the widow, and minor children. Maurice O'Brien and John E. Auzerais, trustees of the fund created for George Barron, were represented by Attorney Cothran., ‘These parties all consented to the pro= posed compromise and its terms. George Barron, the contestant, went on the stand to give testimony in sup- port of his petition to terminate the trust made by his father and to effect a compromise of the contest. He said that the fight to break his father's will in order to make him heir to about $250,000 instead of making him the ben- eficiary of the income of $100,000, a= willed by his father, had cost him nearly $71,000. The $100,000 fund had now grown, with its accumulations, to $121,000, and during the legal battle friends were constantly advancing him money with which to pay his attorneys and incidental expenses. The item of expense had amounted, with what he had yet to pay, to $71,000. Barron-said that he believed it to be for the best interests of the estate to terminate the trust, and after paying the $71,000 to him with which to liqui- date all claims against him, the other $50,000 could remain in trust for him, with Mary F. Barron, widow of Wil- liam Barron, to go to George Barron's issue, if he had any, and if not, then to the children of Mary F. Barron. MAY ESTABLISH AN INDEPENDENT REPUBLIC. Copyrighted, 1898, by James Gordon Bennett. BUENOS AYKES, Feb. 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