The San Francisco Call. Newspaper, March 15, 1898, Page 4

THE SAN FRANCISCO CALL, TUESDAY, MARCH 15, 1898. DELAYED BY THE TLLNESS OF A JUROR Clark Murder Trial Goes Over for a Day. New Complications May Result From One Man’s Sickness. If He Does Not’ Soon Recover the Case Must Be Re- opened. HOPES OF THE DEFENSE. Will Seek to Save the Prisoner by Blaming the Widow of His Vietim. Special Dispatch to The Call. NAPA, The trial of George W. Clark, the St. Helena murderer, was called in Judge Ham’s court this morn- | ing, but one of the jurors, D. F. Hamp- ton, declared he had so severe anattack of the grip it would be impossible for him to weigh any evidence, no matter | of what character. | When the jury was called Hampton arose and said he was too il to pro- ceed and he wanted the court to ad- journ long enough for him to get well. There was no objection from the de- fense and Dr. E. Z. Hennessy added his | Judge Ham to-morrow | word to that of the juror. d court until adjourn morning. One d it was a little less than wanted; in fact | there are many who believe Hampton | would wish to remain ill until another juror had been sworn in his place, but the Judge would allow but twenty-four | hours \ | in the The plan of defense is still dark. There have been symptoms of a defense on the ground of insanity, | but me t of the indications point to the which is as old as Adam—the an did it. t that the >nse will try to prove that Lovina Clark killed her husband, but there will be an attempt to prove that hers was the master mind that | influenced the hand, if in- d it did not actua reet it. he woman did it” will, in some form, be the defense, but it will also lude a theory that the murderer was ntally weak: that he was a moral | rt; that he was anything or ev save neck—for 3 y all except the P S the defense, is the oniy thing that can be hoped for in his be- | hailf. District Attorney Bell, charge of the c murder, has whose evidence sible theor: Among his witness who are relied on to g dence for the defens backfiring. who has had | se from the time of the | twenty-six W E will cover every too, are sevel The o far has subpenaed | five wit —Dr. Osbourn, J. i Stevens, . Outwater, Rev. James Mitchell, M. F cDonald and Robert Pratt Jr. For all of these the accused has worked, a y may be made to s cter, his_capacit BT or his in the when the prosecuuon dema of counsel for the defense, declines so far to outline h case. The habitues of the courthouse say he is waiting for developments of the :cution, but Hogan keeps his | mind to himself. So far he has con- | tented himself with objecting at every | opportunity, but he hints at develop- ments of his own. His questions to the | Jurors the t day were general; on the second day he inquired about their views regarding insanity; then he dropped that line, and where he is | now no one but himself knows, and he | | keeps his own counsel. loss of Hampton as a juror, | should his illness prove so serious as to cause such a complication, will make | a tangle of the case. The jury having been swern and accepted, there can | be no further attempt to select a juror | without reopening the case, and if that | is done a shower of peremptory chal- | lenges may be the result, for the orig- | fnal number, twenty, will be restored | to the defense. They will not be di- | rected against the jurors already sworn, however, for the defense de- | clares it is satisfied with those impan- | eled. The big fight of the case will be over | Clark’s confession. The defense will | try to keep it out on the ground that | it was made under promises affecting | the punishment of the murderer, which | is explicitly declared by law to render such a confession of no value as evi- dence. The prosecution, however, hopes to get it in. If it be admitted, Clark’s chances are dim and distant. DIES FROM EXPOSURE. Inmate of Marin’s Poor Farm a Vic- tim of Intoxication. SAN RAFAEL, March 14.—Boys on thelr way to school discovered the lifeless body of old James McDermott to-day. It | was lying on the edge of the creek with | one hand in the water, whileby the side of | the corpse lay a half-filled flask of whis- | ky. The old man had been a drunkard for yvears, and last night he went on his last spree, For sixteen years he had been an inmate of the County Poor Farm. His brother lives in San Rafael, where he has property interests. McDermott left the Poor Farm yester- day. The matron during the night dis- covered his absence and a search was made for him without success. The sup- position is that the old man staggered over the embankment into the creek some time last night and died from exposure, AMUSEMENTS. > & e m\. Economical soap is one that a* touch wof cleanses. | Marshalls, | a little girl with a sweet face and a | | sunny aisposition. | granted him and he took the little one | brought, | to-day, LOSS OF THE WHITELAW. Scene of the Burning of the Steamer in a Gale in Skaguay Harbor on the ABDUCTS HER LITILE GIRL San Rafael Mother Flees From the State a Fugitive. Sensational Episode of the Jeremiah Blake Divorce Case. Wife of the Plaintiff Determined to Retain Possession of Her Child. Special Dispatch to The Call. SAN RAFAEL, March 14.—A decided sensation developed to-day in the di- vorce case brought by Jeremiah Bur- ton Blake against Mary Alice Blake, on | the ground of desertion. Mrs. Blake has flown with their child and the pre- sumption is that she is by this time out of the State of California and the juris- diction of the Superior Court of Marin County. For years there has been a fight be- tween husband and wife for the pos- session of their child. They lived at a town in Marin County. Only one child had blessed their union, Both mother loved the littl their married life W happy. In August, 1896, Mrs. Blake re- ceived a telegram from her mother, who lived in Tacoma, stating that she | was dangerous ill, so the daughter | packed her trunk and, taking the child | with her, went to Tacoma. | After she had been away | father and | one, although | anything but | ing her to come home and st that she would not return. Blake went | to Tacoma to obtain possession of the | child. He found his wife extremely ill | from an operation. He returned with- out the child, as the mother was in such a delicate condition that the excitement | of losing the little one might have killed | her. While in Tacoma Blake received a telegram from his mother in Marin County, as follow: “Do what you went for.” He admitted that it meant the ob- taining of the child. Blake returned to California and in November, 1896, made a Second trip to Tacoma. He saw his wife and child and asked to be allowed to take his offspring out for a walk. This was where he purchased some toys for her. At 6 o’'clock he returned the child to the mother. On the day following, the father called to take the little one out again and for a second time the privilege was granted him. He never returned with the girl. In December last Mrs. Blake came down from Tacoma to compromise the divorce case which her husband had but was -unsuccessful. The | The fa- While down town, case came to trial on Frida: ther proved a strong case. | Judge Angellotti was about to render | his decision the mother gained posses- | sion of the child’and held her, The; Judge paused and said he would de-| cide the case on Monday (to-day) and | requested all the principals and attor | | neys to be in court at 2 o’clock. The | mother still held the child and would | not let her go. Blake ran up to take | the infant away. Deputy Sheriff Bob Cottingham stepped between, and, tak- ing the child’s hat from the father, placed it on the infant's head and al- | lowed the mother to go away with the | child. All parties understood that Mrs. | Blake would produce the child in court but when the hour arrived Blake and the attorneys were on hand, but the mother.and child failed to put | in an appearance. Mrs. Blake is on her | way to Tacoma, having left with the | child last Saturday. WILL PRODUCE STEVE WADE IN COURT. Bondsmen of the Convicted San Josean Guarantee His Appearance. . SAN JOSE, March 14.—Steps were taken in Judge Lorigan's court to-day to collect the $3000 given to guarantee the appear- ance of Steve Wade in court when want- ed. About two years ago Wade was con- victed of+-having wronged Lelpha Scott, Ard Wwas fined $000, with the dlternative of spending 750 days in jail. An appeal was taken, and pending its decision Wade was released on $3000 bonds. Just before the Supreme Court decided the case Wade disappeared. Subsequently it was found that Wade's bond had been stolen from the County Clerk's office. A duplicate copy of “the bond was substituted, and the matter was up before Judge Lorigan to-day on an or- dér for the bondsmen_to produce Wade in court or pay the 3$3000 bond. Wade's mother and John Maloney are the bonds- men, " They were represented by Attorney Moore, who said that if given time could be produced in court. They said Wade was out of the State, but could be produced in twenty days. This statement caused some surprise, as it was thought Wade was in a forelgn land and would never return. April 5 was set nts the time for Wade’s appearance in court. Night of March 4th. Wreck of the Whitelaw as Seen on the Morning of March 5th, After the CROP OUTLOOK NOT HOPEFUL Rain Badly Needed the San Joaquin Valley. in Frost Does Much Damage in Several Sections of the State. ——— Irrigation Scheme Projected by Owners of Land on Rob- erts Island. Special Dispatch to The Call. STOCKTON, March 14.—Captain J. W. Smith, a leading grain-dealer on the water front and the local buyer for George W. McNear, said to-day in ref- erence to the crop outlook for San Joaquin Valley: ‘““We are passing through a crisis, the serfousness of which can hardly be ap- preciated by the people at large. Un- less there is a copious rainfall within the next seventy-two hours, followed by a cessation of these winds, we may put the crop in this valley down as a failure. I have serious doubts whether Fire. The pictures were sketched Ly a Call artist on the beach at Skaguay. DEATHN CLOSES A BUSY CAREER ‘ Capitalist Charles McFad- den Passes Away at Salinas. Settled in Monterey County in 1884 and Acquired a Fortune. Contributed to All Charitable Under- takings and Was Popular With the Masses. Speclal Dispatch to The Call. SALINAS, March 14.—All Salinas is mourning the death of one of her most venerable citizens, Charles McFadden, who lived in this community for thirty- five years. Charles McFadden was born in Dub- lin in 1821. He and two brothers came to America when very young and em- barked in mercantile business in Phila- delphia. After some years they sold out and came to California in the fall of 1854, going direct to Calaveras and en- gaging in mining. In 1863 Mr. McFad- den came to this county and settled near . Blanco, about seven miles from this city. He was engaged in raising livestock on this Blanco ranch, and also was proprietor of a large lumber and milling business in this county. His farming interests were increased, and through many other careful busi- ness ventures Mr. Mckadden acquired considerable wealth. He was known all over this section of the State, and had business interests in almost every town in the country. Mr. McFadden was a devout Catholic, and contributed to all charitable un- dertakings. He married in this State, and his widow, three sons and three daughters survive him. The funeral will take place from the family resi- dence on Wednesday afternoon, the in- terment to be made at Castroville. HE USED LOADED DICE. Gambler’'s Victims Recover Their Money by Force. SAN JOSE, March 14.—C. H. Corey, proprietor of the Auzerais Cafe, and George Jones were arrested to-day upon a charge of robbing W. A. Davis of Los Gatos of $80. The three men were shak- ing dice a few days ago, and Corey and Jones caught Davis in the act of using loaded dice. They then took from Davis $%0 that he had won from them. Davis went to Los Gatos and procured a war- rant from Justice Beggs for the arrest of Corey and Jones. Both men supplied bonds in the sum of $6u00. cipnige o District of Columbia Business. WASHINGTON, March 14—The pro- ceedings in the House to-day were utter- 1y devoid of public interest. The time wnss devoted to District of Columbia busi- ness. SALISBURY - T0 STEP 0UT Will Not Give Up His Place as Premier Just Yet. But He Is Almost Sure to Re- sign the Foreign Office. Finds His Advanced Age Will Not Admit Too Close Attention to Work. Copyrighted, 153, by James Gordon Bennett. LONDON, March 14.—A report which may have a very important effect on the present European situation was cir- culated in political and party circles last night. For some time the best informed peo- ple in official circles have privately dis- cussed the possibility of Lord Salis- bury’s resignation of the post:-of for- elgn secretary, but amy statement to that effect has been persistently denied by those in authority. There is no longer any use denying that Lord Salisbury’s health is such as to make it absolutely impossible that he can give the application and study necessary to determining the vital de- tails of the Foreign Office administra- tion. Lord Salisbury will leave within a few days for a sojourn.abroad and during his absence Mr. Baifour will be reigning chief at the Foreign Office. The talk lastyevening was that this is not a temporary but a permanent ar- rangement. It is also stated that Lord Salisbury at his advanced age finds it quite sufficient to be at the head of the Government. Tt is possible that this view of the situation will be categori- cally denied, but I fancy that in a very short time my calculations will be shown to be absolutely accurate. FOR GOVERNOR OF THE SOLDIERS’ HOME. The Probabilities Are That Colonel Bonesell of Los Angeles Will Be Chosen for the Place. WASHINGTON, March 14.—The prob- abilities are that Colonel Bonesell of Los Angeles will be made manager of the Sol- digrs’ Home at Los Angeles to succeed Captain Barrett. Senator Perkins and Representatives Hilborn and Barham have recommended Colonel Bonesell. The “governors” or ‘‘managers” of the several National Soldiers” omes are elected every six years by the Military Affairs Committee ‘of the Fouse of Rep- resentatives. The next election eccurs on A})rll 21 It is understood the chairman of the committee, Hull of Iowa, is in- clined to favor Colonel Smedberg of San Franeisco, and inasmuch as Congressman Loud did not join his colleagues of the California delegation in the recommend- ation of Bonesell it is barely possible that ‘Smedberg may be elected. or not the rain now would save the grain on the lands where alkali or adobe is mixed, as the moisture is too far gone. We have faced only one such crisis in ten years, and the fact that we were.saved at the last minute is the ray of hope in the present gloomy outlook. The uncertainty of the present is a terrible tension on those who have their all staked in the grow- ing of grain.” Great interest centers in the move- ment in hay. It closed locally. at $18 a ton (retail) on Saturday, and opened to-day strong at $20. It is predicted that it will go higher, as several dealers seemed to hold contracts covering a larger part of the wheat hay for the vear. As high as $16 is being paid at Wholesale, and alfalfa can hardly be secured at any price. Woods Bros., on Robers Island, among the heaviest grain-growers in the West, intend to make the best of the situation this year and try to raise a crop. Irrigation of grain crops on the island is comparatively untried. The Chinese gardeners often siphon the water over the levees for the irri- gation of garden truck, but practical attempts to water large tracts of grow- ing grain on the reclaimed lands have not been made. This is what the Woods Bros. expect to accomplish. They own the greater part of Roberts Island, and the outlook for a drought is exceed- ingly discouraging. To-day the Messrs. Woods were fi uring on commencing the work. They propose to irrigate a tract of over 2000 acres on the lower division of the isl- and, and contemplate the cutting of the levee for that purpose. They must first, however, obtain the consent of the reclamation district, as the work is dangerous unlegs properly handled and might flood thousands of acres. The plan is to put in a sluice about twenty feet wide through the big levee at a distance of about four feet below the lowest water. This will give a stream all the time and at high tide will pour a big volume of water through the sluice. Then ditches and dams for the distribution of the water will be made to cover the area of the 2000 acres. This firm raised $100,000 worth of wheat here last year, and ‘the prospect of losing an amount equal this year compels it to'resort to heroic measures. FRESNO, March 14—There was an unusually heavy frost in this county last night and early this morning, and reports have been recived here of great damage to the fruit crops. W. T. Daw- son, foreman for W. W. Phillips, the large fruit-grower, telegraphed that Phillips’ crop was practically destroyed. The Phillips ranch is on the San Joa- quin River, about twelve miles from here. The trees blossomed early this vear because the soil was warm, owing to lack of irrigation; hence, the early frost is more damaging. The fruits that suffered most were peaches and apri- cots, the latter being totally destroyed in many sections. C. E. Barnett of Fowler reports nearly the entire peach and apricot crop on his place killed by last night's heavy frost. From Reedley the report comes that the greater part of the fruit crop was greatly injured. The temperature in this city last night was 34 Fahrenheit, while at Reed- ley the mercury was down to 26. Ice formed in many places. In the imme- diate vicinity of Fresno the damage was not so great as in other parts of the county. The “Koh-I-Noor' copying pencil is largely taking the place of fountain pens* FROM THE STOCKTON, March 14.—It was 1 though for two and a half hours unconscious in the freezing wind. wished to step into platform. a tunnel, and the full force of the wi blown off the train. had gone a distanceoftwo miles, seseseesenen eIt FIGHTING FOR TW0 ESTAIES Sensational Litigation in the San Joaquin Courts. Mrs. Cook Sues for a Portion of the Estate of L. U. Shippee. Putative Heirs of the Late George M. Kasson Seek to Acquire His Riches. Spectal Dispatch to The Call. STOCKTON, March 13.—The atten- tion of the Superior Court of San Joaquin County will be occupied during the coming week by two cases of more than local interest. One is the suit of Mrs. Cook against W. A. Shippee, as the administrator of the estaté of the late L. U. Shippee, at one time one of the best known capitalists on the coast. The deceased left the remnants of his once magnificent for- tune in the form of a trust deed to his ! nephew, the administrator, to be sold and the proceeds distributed among a few relatives and intimate friends. Among the latter was Mrs. Cook, a friend who nursed him through his long months of iliness and was well favored by him before his fortune and health | declined. Mrs. Cook sues the administrator for an accounting and contends that he has not endeavored to carry out the wishes of the deceased in reference to the $5000 bequest to her. By reason of the prominence of the litigants the testi- mony in the case will be carefully | watched, and it is anticipated that there will be sensational disclosures concerning the life of the late bachelor capitalist. | | The contest in the estate of George | M. Kasson, whose property is worth | $150,000, will be a bitter one. A dozen | well-known law firmsareengaged. Kas- son lived and died in this county as a | man without a family, and his will, duly probated, made no mention of | issue. Now comes George W. Lindy, a | fisherman, who claims to be a natural son, the issue of a marriage entered | into by Kasson in St. Louis in the late forties. His mother died and he was | adopted by a man named Lindy. He claims to be the sole heir. Against his claim is that of Mary Mann of Nebras- ka, who sets up a similar claim to the fortune, but her trump card has not been disclosed in any opening state- ment by her counsel. A feature of the | case is that a partial distribution has | already been made under the probated | will, involving certain liabilities which | must be settled by other sujts. The | case will attract widespread interest, as the old rancher was a “high roller” and distinguished himself only for devia- tions from the paths of sobriety and moral rectitude. BARNATO'S NEPIEW 1S SHOT 10 DEATH Wolf Joel Refused to Pay Money to a Man Who Demanded It. Special Dispatch to The Call. CAPETOWN, March 14.—Wolf Joel, the trustee of the estate of the late Barney Barnato and nephew of the South African millionaire, was shot in his office this morning at Johannesburg by a former soldier. JOHANNESBURG, March 14.—The mur- derer of Wolf Joel, a man named Feld- thein, has been arrested. Feldthein entered Mr. Joel's office and demanded £3500. Being refused, he snatched a revolver from a desk and fired. The bullet entered Joel’s forehead, and he fell to the ground and expired. The murderer attempted to commit sui- cide, but failed. LONDON, March 14.—The Caj Town correspondent of the Daily all, who learns the murderer’s name is Von Voit- heim, says: He Is reported to be the same man whose supposed body was found i3 the Thames bound with ropes last yedr, but who afterward turned up serving as a trooper in the Cape police at Vryburg. Mr. Joel and Mr. Strange, his manager, recelved Von _Voitheim in Strange's room. All three had revolvers, a circumstance explained by the fact that the meeting was not an ordinary one. first shot is sald to have been fired b: Mr. Strange at Von Voltheim, who ha tried to seize Mr. Joel's revolver. Von Volthefm then fired at Mr. Joel, the bullet entering his eye and causing almost in- stant death. Several shots were afterward fired. The_ clerical staff rushed in_and Von Voltheim was secured after a fierce struggle. The motive for the crime was fallure in an attempt to blackmail. cri i day night R. A. Henderson of this city was blown from a railway train-just this side of Altamont tunnel. He escapad with a few bruises, he lay dazed and most of the time Henderson was on his way from San Francisco with a lady to at- tend the funeral of his grandmother. the next car he left his seat and went cut on the Just as he stepped out of the car the train emerged from ,When it became known that & passenger was missing the train and asit would have to backon an up- grade in a terrific wind the conductor Tracy, whence a handcar was sent back in search of Henderson. %a»msusnsuussssssfiu&asauuasfinsahfinfi BLOWN BY A GALE PLATFORM OF A MOVING TRAIN Rough Experience of a Passen- ger Near the Mouth of Altamont Tunnel. earned to-day that ¢n last Satur- Remarking to the ledy that he nd struck him suddenly. He was concluded to continue on to FREEREEFE R FELLS HIS FOE WITH A CLUB Capitalist Metcalf of Los Angeles Tenants a Cell. Arrested for a Vicious Attack Upon Fred Day of Omabha. Quarreled Over Business Affairs, and the Injured Man Is Near to Death. Bpecial Dispatch to The Call. LOS ANGELES, March 14.—In the very heart of the business center of the city, at Third and Spring streets, Fred Day, a capitalist of Council Bluffs, Towa, was clubbed into insensibility by Henry Metcalf, a well-known and wealthy resident of this city. Day was proceeding down the street with J. W. Conger when Metcalf stepped up from behind. Not one word was spoken by either man. Shoving Day apart from Conger, Metcalf struck Ekim three blows over the head with a heavy orange wood cane. Day fell to the sidewalk unconscious. Blood flowed | from his wounds, which were at once recognized as serious. He was carried to the police station in an ambulance, and up to a late hour was still uncon- scious and almost pulseless. Metcalf made no attempt to escape. He was placed under arrest, and coolly stood by and saw the vietim of his vicious blows taken away. Hé was then ¢onveyed to the police station and locked up. The assault was the result of a busi- ness disagreement. Day came to Los Angeles to settle up the estate of his deceased brother, who had been a part- ner of Metcalf, who has heretofore been a quiet and respected citizen and the last one from whom a murderous as: sault would be looked for. In the business deals the deceased Day came into possession of a number of notes of Metcalf's. In settling up the estate of his brother, Fred, Day held Metcalf’'s notes and the two men had some trouble over them. The difficulty over the collection of these notes led to the assault this afternoon. The cane with which Metcalf did the clubbing is of stout orange wood. It is fully an inch in diameter and it made a most formidable weapon. The doctor announced late this evening that if Day recovered it would be a miracle. INTERESTS THE PEOPLE OF THE PACIFIC COAST. Senator Perkins After an Appropria- tion to Establish a Naval Train- ing School on Goat Island. WASHINGTON, March 14.—Senator Perkins to-day introduced an amendment which he will ask to have placed in the sundry service appropriation bill, appro- priating $100,000 for the establishment, of a naval training school on Goat Island and for the building of a wharf and other buildings. Barham introduced a biil granting a pension to William C. Beachy of Califor- nia. Army orders: Major Wallace F. Ran- dolph, Third Artillery, is relieved from duty at Fort Riley, Kas., to take effect upon the completion of his duties as a member of the board of officers appointed to meet at that place, and will then pro- ceed to San Francisco and report in per- son to the commanding general of the Department of California for assignment By direction of the Assistant Secretary of ‘War, the following transfers are made: Commissary Sergeant Albert Keily, now at Presidio of San Francisco, to Benicia Barracks; Commissary Sergeant Willlam M. Connolly, now at Benicia Barracks, to Presidio of San Francisco. Senator Kyle from the Committee of Forest Reservations to-day reported fa- vorably Senator Perkins' bill to examine, determine and report the facts necessary to the establishment of free public high- ways into the Yosemite National Park, and appropriating $3000 therefor. Pensions have been granted as follows: California—Original—Charles H. Haskins, Repressa, $6; Adam Honoddle, Chico, $8; Michael Kenny, Soldiers' Home, Los An- geles, $12; Peter Lovenzo Clark, San Jose, $; relssue and increase, Bil H. Longley, Myrtle, $6 to $8; original, Ferdinand Clark, Veterans’” Home, Napa, Oregon—Reissue, John Ingham, Eugene, $10. Washington—Original, Charles Richey, Madrone, $8; restoration and_additional, Sylvanus W. Stinson, dead, Spokane, $1 o $12: original widow, Mijdred L. Stin- son, Spokane, $12. BV EX-BANKER RANDALL’S TRIAL. Taking of Testimony Begun in a Eureka Court. EUREKA, March 14.—The trial of ex- President A. W. Randall of the Randall Bank, on an indictment for embezzle- ment, was beg\,x; bchrore Judge Hunter to- day. The specific charge is the misappro- 0 tion of 300 deposited by Flork. A. indsile. Randall arrived on the steam- ship Weeott yesterday from his home in San Leandro. The jury was chosen and the taking of testimony begun. Money for Humboldt County. EUREKA, March 14.—Humboldt County has just been reimbursed to the extent of $9028 by the State Treasurer for the care of indigents, orphans and abandoned chil- dren, each county, under the State law, being entitled to_a specified amount for such purposes. This is the second pay- ment made to this county since the law was passed in 1889, the first payment— about the same in amount—having been made five years ago. Sound Money Discussions. ‘Between now and next presidential election there will be hosts of discussions of the ques- tions of “sound money”’ and silver. However opinfons may be divided on these points, there s but one public and professional opinion, and that is a favorable one, regarding the merits of Hostetter's Stomach Bitters as a remedy for and preventive of malaria, as well as a cura- tive of kidney complaint, dyspepsia, constipa- tion, liver trouble and rheumatism. v v i