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VOLUME LXXXIII.— 114. SAN FRANCISCO, THURSDAY, A RCH 24, 1898. PRICE FIVE CENTS. POPULAR CLAMOR MAY LEAD CONGRESS TO DECLARE WAR The President Favors a Policy of Delay Until the Rainy Season in Cuba Members of Both Houses Impatient, and It' Is Is Over. Feared Publication of the Maine Report Lead to an Outbreak. D e b o R o R e e e o o R o o 2 May NEW YORK, March 23.—A Wash- ington special to the Herald says: The report was current in the Capitol to-day that the President would send @@ THE SAGASTA CABINET shortly to relieve Rear Admiral Sicard of command of the North Atlantic squadron and grant him indefinite sick leave. Secretary Long desires to have it understood that his action in order- ing a medical board of survey for the examination of Admiral Sicard was based entirely upon the report of that officer. Commodore W. 8. Schley, chief of the lighthouse board, is regarded as most likely to succeed the admiral, should he be relieved. If he does not succeed Admiral Sicard it 1s generally understood in naval cir- cles that he will be assigned to the command of one of the divisjonal fleets about to be organized on the home sta- tion. Other officers named as possible successors to Admiral Sicard are Ad- miral Bunce, commandant of the New York Navy-yard, and Captain Samp- son, president of the Maine court of inquiry. AREESL o MARIX IS SPEEDING TOWARD WASHINGTON Will Reach There With the Report of the Court of Inquiry on Thursday Night. JACKSONVILLE, Fla., March 23.— Lieutenant-Commander Marix, bearing to Washington the findings of the Maine court of inquiry, reached this city at 7:45 to-night and left at 3 p. m. via the Florida Central and Peninsula and will reach Washington at 9: p. m. Thursday night. The railroad officials have earried | the message down the line for him to use all dispatch. This practically | makes a special of the Marix train, and | without accident Washington will be 5 LIEUTENANT BURKE SHOT BY A FIEND Foul Murder of a Brave and Honest Officer by a Bloodthirsty Tinker. Bernal Heights the Scene of a Terrific Fusillade the Police and Theodore Between With his rugged, honest features firmly molded in the marble calm of death, with the light in his kindly gray eyes forever overshadowed by the sa- ble wing of the Death Angel, Lieuten- of the Park Haynes. ‘who had notified the police of the trou- ble, and warned them to be carefuy, as the man with whom they would have to deal was a dangerous char- acter. ing took one shot at the murderer. Hg then raised himself on his left elbow and shot twice more, the exertion caus< ing him to fall back exhausted. As Lieutenant Burke dropped Haynes DIVIDED AS TO WAR. I have been assured by a gentleman who tion it was untrue that any warships were Kennedy rode up first and dismount- ed, where Haynes was standing in the lot near his house, and asked him what was the cause of the trouble. Haynes stood off near his own house and began to yell to Kennedy to lay down the re- {advanced a little way, as if to get & | closer shot at the dying man. Just as | his head became visible over the corner of the Toof, the shanty being on tha | side of a hill, Kennedy banged away with his revolver, knocking the dry ant William F. Burke, one “whitest” men on the police force ot this city, lies in his coffin in the parlor of his home out at 238 Shotwell street, shot down in the prime of life while in the discharge of his duty by the mur- the Cuban correspondence to Con- gress to-morrow. Additional color was given to this by the action of Speaker Reed in having Republican reached on the dot. Lieutenant-Com- mander Marix was accompanied by the | following officers of the Maine: Lieu- tenant Hood, Lieutenant Jungen, As- sistant Passed Engineer F. C. Bowers, MADRID, March 22 holds a governmental po: members quietly notified to be in going to accompany the torpedo squadron. Naval Cadet A. Bronson y e 7 X 2 : and C o * ; their seats to-morrow without fail. At the request of the Minister of the Marine not a word is allowed B éet;m\. I‘;mn arroalL::Ir):n:;;: derous hand of a human lf‘emki) ts"':;t volver, which he held cocked in his | shingles off the roof of the cabin, close : = : : s in- g . n S S8 y tha s | hand, and one he had slung in a |to the murderer's head. This distract- G to be published on matters concerning the navy, and every dispatch, in v w ot e ithe i “'° | down so ruthlessly and cruelly 3 s In consequence of this notification P [Dary mentiak once e Pullman car |00 L0 o loud from the soil for ven- | scabbard to his walst, or he would | ed Haynes’ attention from Burke to the several representatives who had in- tended going to Newport News to see the Kearsarge and Kentucky launched canceled their engagements. It was denied that the notice to | the Republicans had any connection with an expected message, and the explanation was made that they were wanted to be on hand in case it should be desired to limit debate on the naval appropriation bill. NEW YORK, March 22—The Her- | ald’s Washington correspondent tele- | graphs: President McKinley will be | reluctant to resort to forcible interven- | tion to stop the war in Cuba this | time unless Congress takes theinitiative. His present plans do not contemplate going any further in this direction than sending governmental relief to the starving Cubans. That Congress will supPpdre-hintin this step is indicated by the promptness with which the Senate Committee on Appropriations has re- sponded to the President’s suggestion to Senators Allison and Gorman, Re- publican and Democratic leaders on that committee, that an appropriation of 00,000 should be made to send food and medicine to Cuba. The sub-com- ittee of the Appropriations Commit- tee in charge of the sundry civil appro- priation bill to-day inserted an amend- ment in that measure making this ap- propriation. Conferences with other members of at | PP0006006000000060000| & pe| @ NEWS OF THE DAY. © “ & == @ & Weather forecast for San Fran- & | & cisco: Increasing cloudiness on & | & Thursday; unsettled Thursday night; & southeasterly winds, changing to & | & southwesterly. | & Maximum temperature for the past ® | & twenty-four hours: ® & San Francisco, .60 degrees @] Portland . 48 degrees | Los Angeles degrees Ban Diego. 64 degrees | FIRST PAGE. The People May Precipitate War, Brutal Murder at the Mission. SECOND PAGE. Murdler of Lieutenant Burke. THIRD PAGE. Gallinger Talks of Cuba. Spanish Inquiry Going On. Italy Will Sell Ships. Secretary Long's Busy Day. McKinley Would Feed Cubans FOURTH PAGE. Secretary Long Not Hopeful. State Troops Are Wanted. To Reorganize the Army. Sagasta Gains Publioc Favor. Army and Navy Ready. Marin Wants the Drydock. Philadelphia Publio Scandal. San Rafael Floral Fets. Money for Naval Needs. FIFTH PAGE. Rich Loot for Train Robbers. A Boat From a Lost Ship. Joint Traffic Bureau Collapses. Fuston in Oregon a Failure. Jenks Worked as a Laborer. SIXTH PAGE. POPOPIPPIOP0000D Edttorial. Wreck of the Almy. In the Performance of Duty. To Train or Not to Train. England and Hawall. The Campaign in San Jose. The Will-Making Power. Music and Musicians. SEVENTH PAGE. Irene Lynch Still Missing. The Oldest Mason in California. Inside of a Street Contract. Return of the “First Born” Troupe. EIGHTH PAGE. Jim Rea’s Word Disputed. Abalone Hunters Abandoned. Prison Opens for a Crook. Power From the Sierra. Battle of the Jobbers Fought. High Water at the East. NTH PAGE. The Almy Was Rotten to the Core. TENTH PAGE. Sharkey's Bluff to Jeffries. Narrow Escape of the Limited. Public Meters Sealed by the Mayor. Jockeys on the Carpet. A Priest as a Conductor. Better Roads in San Mateo. ELEVENTH PAGE. Kilpatrick Loses His Position. Rawhided on a Public Street. A Justice of the Peace Accused Rosenau Wants a Hearing. Luxuries for Klondikers. TWELFTH PAGE. Births, Marriages and Deaths. THIRTEENTH PAGE. News From Across the Bay. FOURTEENTH PAGE. Racing at Ingleside. FIFTEENTH PAGE. The Commercial World. SIXTEENTH PAGBE. PPOP9090009000009000009000000 ® | P DS * ® & S | suls ground for | if it comes. cluding one of my own, has been sei ron has been mentioned. Owing to sible to verify any statement now. pushed forward very much of late, it strongly favor war, although the causes anxiety here. 9920000009000 0086009 4444444444444+ 4144444444444+ 4 d with the leaders of | made the country invulnerable, and that Committee of the [ more will be required to fill out the l navy and prepare the coast defenses for | war. | ADMIRAL SIC| TO BE RETIRED. Secretary Long Wants it Understood the committee an the Appropriations House leave little doubt that the amend- ment will be agreed to both by the Sen- ate and the House and the money will be placed at the disposal of the Presi- dent. Whether this action will be taken before the President sends in his mes- sage to Congress transmitting the Cuban correspondence will depend upon the rapidity with which the Appropria- tions Committee progresses with the sundry civil bill. Tt is the intention of the committee to report that bill to the Senate as soon as it is ready, and it will | probably be considered without delay. The correspondence which the Presi- dent will transmit to Congress will, I am informed, include not only reports from Consul-General Lee and other | United States Consuls in Cuba, but also | the correspondence which has passed | between the United States and Spain | up to the present time. It is possible that by the time the President trans- mits it he may have a note from Spain | explaining the course that is proposed | to be pursued in the event of the failure of the approaching elections in Cuba to show hope for the success of autonomy. | 1 learn from an authoritative source | that it is not the present intention of | President McKinley to recommend for- cible intervention. He will lay the whole matter before Congress, and if Congress finds in the correspondence | with Spain and the reports of the Con- | forcible intervention such a step can then be taken with its | full sanction. By the course which he is pursuing the President gains time, and every day gained he considers important for two reasons—it increases the chance of reaching a peaceable solution of all the | difficulties and it places the United | States in a better position to meet war If matters can be carried along until the rainy season sets in, and at the same time the suffering in Cuba can be stopped by relief sent by the United States, the administration will endeavor to avoid anything like for- cible intervention until the fall, as it| realizes that the mortality among Amer- ican troops sent to Cuba during the rainy season would be very high, and by the time the rainy season is over and cooler weather comes the United States can be in a state of preparation for war which would make the conflict in all probability short and decisive. Can Congress be restrained from taking a decisive step in the near future that will make the carrying out of the programme of delay until fall impossi- ble? is a question which will only be answered when the Senate and the House have been put in possession of all the information in the hands of the President. There is much impatience among members of both houses and of all parties at the suggestions of delay. It is believed that if the policy of feed- ing the starving in Cuba is continued much of the food and medicine sent there will find its way, directly or in- directly, into the commissariat of the Spanish army, and there is a disposition on the part of some of the more impa- tient men in Congress to insist that| Spain shall be expelled from Cuba as a | precedent to feeding the starving vic- tims of the policy of Weyler. A wave of ponular resentment follow- ing the publication of the Maine report and the Cuban correspondence ‘might influence Congress to take immediate action for intervention by force to ex- pel Spain from Cuba, and it is this pos- sibility which is causing some uneasi- ness to the President and others who d ok ok kK ok kK ok ok ok ok ok ok ok R % ok ke Progress of the Ferry Scandal. P99999000000000099 0009000000 00000000060000000600006666 K o O g O OO OR RO R R ORORCROR O ® o & k4 & & bd ® @ ® & > ® @ b ® b4 ® @ B4 b4 © > ® L3 [C] realize that the approoriation of $50,- 000,000 for national defense has not; zed and stopped because the squad- this policy of secrecy it is impos- It is said the Infanta Maria Teresa, whose preparation has been will be the cruiser. It is also stated that the new cruiser bought from Italy will be called the Canovas. The Spanish Government is very uneasy at the publication of the statement that the United States proposed stopping the torpedo squad-. ron. The knowledge that the Cabinet is divided, that some members of peace party still holds its own, B ARD That There Is No Prejudice at All in the Matter. WASHINGTON, March 23.—There a general impression at thé Navy De- partment that it will become necessary * ONE MORE YELLOW FREAK. NEW YORK, March 23.—A Washington special to the Her- ald says: Representative Gros- venor is becoming very weary of statements attributed to him as the mouthpiece of the President. Concerning the latest one, to the effect that he told Representa- tive Shattuck the President would send a message to Con- gress within seven days recog- nizing the independence of Cuba, he said to me to-night: “I have not said to Shattuck, or any one else, to-day, or any other day, that the President % would send a message to Con- % gress within seven days, or any # other time, recognizing the inde- % pendence # Shattuck says that he said noth- of Cuba. General # ing of the kind to any one. The # whole thing is a fabrication, pure # and simple.” ¥ KR K KKK KK KRR E KK KR KRR EERERRERRRHEX + @ & @ @ @® £ ® & @ & & @ @ @ @ @ & ® ® @ & ® @ @ & is * * * * Rk ok Kk ¥k ok ok ok ok kR B X R R % that was waiting for them, and in fif- teen minutes were hurrying to Wash- ington as rapidly as steam could take them. MILES SAYS THE ARMY IS READY.| | Man for Man, It Is More Than a | Match for Any of the Soldiers | of Europe. NEW YORK, March 23.—The Wash- | ington correspondent of the Herald tel- egraphs: Major Generai Miles, com- | manding the army, «discussing the gen- eral situation, said to me to-day: *The personnel of the army was never in finer condition that it is to-day, and | officers and men are ready for any emergency that may confront us. Our regular army, man for man, is mere than a match for any European army as regards personnel, equipment, dis- cipline and patriotism, and we have practically the entire able-bodied American male population to-draw e sul?lw!tmrézh 'a.;s if n@cam ese auaxi . 3, e .more 100,000 aiready Beganized and reason- ably well tralned and equipped. Rapid strides have been made during the last year toward putting our coast defenses | in good condition and these efforts have been redoubled recently and are | still in progress. | “The new artillery regiments shortly | to be fully organized will enable us to | extend the line of effective defense by | manning the numerous new batteries with trained artillervmen. The army reorganization bill pending in Congre: will put the infantry on the same mo ern war footing on which our cavalry and artillgry are already organized. The army is ready to perform the du- | ties for which it exists, whenever the need comes to exercise any of its functions.” SPAIN IS TALKING | OF ARBITRATION. PARIS, March 23.—A special dis- patch to the Temps from Madrid says: There is much talk here to-day of the possibility of international arbitration for the settlement of the Maine ques- | tion. It is suggested that each country should nominate its arbitrators under | the presidency of the head of some of | the European states. On account of the | rapproachment supposed to exist be tween the United Stat nd England in regard to the far E Spain would prefer Swiss, Belgian or Swedish ar- bitrators to English. / | of murder entered against his name in | weight of a heavy sorrow tobearon the | resulted in a brave officer losing his | quired to surround it. | raculous | concealed so often that many of the geance. And by his side kneels a wo- man with face set and hard, a woman whose grief is too great for utterance, the woman separated forever in this life from the man she called husband and left to wear a widow’s weeds by the deadly bullet of the assassin. Out at the City Prison, in the half cell oceupied by Murderer Butler be- fore extradition, with the awful charge the prison books, sits the being respon- sible for the crime of depriving a fel- low being of life and bringing the lives of those who loved him—a small, weazen-faced creature, whose thin lips are generally closed hard and firm | and whose little beady eyes have the glitter so indicative of a miser's soul. Theodore Park Haynes is the murder- er's name. And he cowers back in the dark end of his cell whenever a premo- nition of death by the rope comes, and doggedly asserts that the dead officer shot firsti—a lie so black as hardly to deserve mention, - The murderer is a tinker, about 50 years old. And the arrest of this man, which life, which required the presence of a large number of detectives, a squad of police armed with rifles, two mounted policemen and a police captain, which caused two-score bullets to be fired and turned the western slope of Bernal Heights into a bloody battle ground, causing men and women to flee for their lives, was the -aftermath of a quarrel over a miserable two feet of ground hardly worth the fence re- And an element of the tragedy that borders on the mi- was the fact that the mur- derer came out of the fracas with only a few birdshot having punctured his skin, after rifle and revolver bullets had torn through the walls and the door of the shanty in which he was boards would have made a good siev: It was shortly before 10 o’clock vye: terday morning that a telephonic mes- sage was received at fhe Seventeenth | street Police Station, acquainting the | police with the fact that Haynes, who | ived in a shanty on the corner of| fontcalm street and Peralta avenue, | | had just had some trouble over a small | piece of land with his next-door neigh- bor, Alfred Hopkinson, and had shot at Hopkinson, and after missing him had shot his dog. Officers james Wilkinson and T. H. Kennedy, members of the | arrest Haynes. They were met by Hopkinson at the store of a grocery- man named Graham, on the corner of Alabama and Twenty-fourth streets, mounted police force, were sent out to | “lick the stuffing out of him.” Kennedy adopted a pacific tone and made Hop- kinson be still. Just at this juncture Wilkinson came up and immediately Haynes pointed his revolver at him and said: ‘“You get away from here, you dirty robber.” Wilkinson backed around the side of the house, and then Haynes pointed his revolver at Ken- nedy, and, calling him a robber, repeat- ed the words he had used in Wilkin- son’s case. Kennedy tried to expostu- late, but. seeing the dangerous charac- ter of the man with whom he had to deal, retreated from his position. A consultation was then held, and it { was finally deemed wise to get further | | hidden. | across the adjoining lot and over the | Lieutenant Burke was | notified of the state of affairs and im- | mediately jumped into the patrol-wag- | advice before making another move. Accordingly Wilkinson went down and rang in a box for the Seventeenth- street station. on, driven by George Cashel, and hur- ried to the scene of the trouble. On the way he met Officer Marlowe, who ac- companied him. ‘When both men reached their destination they found that Wilkinson and Kennedy had been re-enforced by Officer Merchant. The the way, once at Graham's store and once at Hopkinson's house, of the whom he would have to deal, but he laughed as if in anticipation of no trouble. When Burke reached the house Haynes was standing near the door on the northern side of the shanty. The fect that he went up to the murderer in a pacific manner and threw back his coat lapel, revealing his star of office, and told Haynes that it was useless for him to make any resistance, that he had better submit to arrest, and if he had a grievance it would all be sraightened out in time. Haynes refused to consider the prop- osition and pointed his pistol at Burke, saying: “You are another of those d—d robbers; get out of here.” The of- ficer began to back away, at the same time admonishing Haynes to lay down his revolver. The latter waited until Burke was about eight or. ten feet away and fired. At the souné of the shot Burke reeled back with a groan, struck in the abdomen, but before fall- lieutenant was warned twice while on | he caught sight of a face. | and hurried off down the evidence of eye witnesses is to the ef- | | but a very short | other officers, and immediately he be- | gan to shoot at them, all returning the | fire from every point of vantage to be | obtained. Kennedy ran round to the lower side of the tin shop, in the door- way of which Haynes stood, and took refuge behind the corner of another little shack in which he slept. Then | came a fusillade between the two men. The doorway in which Haynes stood | was opened only a little way and his | body was in the shadow, affording a | very poor mark. When Kennedy's re- volver was emptied Haynes noticed | that the shooting from that quarter | had stopped and advanced toward the behind which the officer was The latter was forced to flee corner fence, where he was handed a revolver by a neighbor. A woman stood in the doorway of a porch on the south side of Montcalm street, directly in line of the bullets fired at the man in the shanty, and with a hurried admonition to her to get out of sight Kennedy re- turned to the onslaught. He managed to get in his former position and emp- tied the fresh revolver with no effect, Haynes returning the fire every time Merchant, ‘Wilkinson and Marlowe were shooting into the cabin from the back and the dangerous character of the man with | bank overhead all this time. When the second revolver was emp- tied Kennedy jumped into a buggy street in search of a gun. He procured a combi- nation shotgun and rifle from a man four blocks away and returned to the scene, but in his absence many things of moment occurred. Merchant had secured a rifle and had Haynes penned in the cabin, every now and then shoot- ing through the doorway to emphasize the fact that inside was the safest place. All .this time, which was in reality while, Lieutenant Burke was lying where he had fallen. And in getting him away from the dan- gerous position in which he lay to a place where he could secure medical ald occurred a deed of heroism that will some day have its reward. George Cashel, the patrol driver, as soon as active shooting had ceased and while Merchant had the dangerous man penned in the cabin, announced his in- tention of dragging Lieutenant Burke THEODORE PARK HAYNE S THE L2 MURDERER: m 1 M il i — l\t\\\\r\'\\\\‘\ W il . SHATTERED REVOLVER WOUNDED UNTO. DEATH, LIEUTENANT BURKE LEANS ON HIS ELBOW AND FIRES AT HIS MURDERER.