The San Francisco Call. Newspaper, September 17, 1898, Page 1

. The Call CHTS . wpe R = to be taken from < : the Library.++++ VOLUME LXXXIV.—N O 109. SAN FRANCISCO, SATURDAY, SEPTEMBER 17, 1898. PRICE FIVE CENTS. PHILIPPINE GENERAL ASSEMBLY DULY OPENED BY AGUINALDO Message of Thanks to Nations Read by the Dictator. Filipinos Relate Stories of Horri- ble Tortures Inflicted by Span- iards at lloilo. MANILA, Sept. 16.—The FPhilippine | General Assembly was Inaugurated at Malolos vesterday with great enthusi- asm. There were thousands of vis from the provinces and a great display was e. Aguinaldo, at 9 o'clock in the morning, entered the hall of the | convent ently occupied by the Span- | ish local mor. It is an extremely | plain r lorned only with some re- | The insurgent leader | dress, according to the The others were in nes. 1s received with cheers s of i e ¢érowd of a « hall. er the m who in- | c d Spaniards. He next eulogizing the army il g the friendly nations which had set the historical example of and had assisted a down- | Aguinaldo urgently and € exhorted the as bly to | i t principles,” and in- | v of the ma tyred Fili- ‘ s then adjourned for the 1 panish delegate ggested that | d in the afternoon ted and accus ipting to under- | stitution. To this the ed that he was a s republican and that his only was the welfare of the country upon the Filipino apologized and the proceedings terminated. During the afternoon many Ameri- rrived and Aguin- eiving visitors, an Consul. | ent of the Assoclated | ate intervie with extremely unwilling se himself with the nc He said that a majority of the struggling for fre: nd centuries, and that that their object has Aguinalde professed | ance of the autonomous | vogue in the British colonle toretes and of American State 1 European kept busy \y. He said he was unable to und. 2d the idea and only under- stood ite independence.” Per- sonally id a protectorate for the Philippine Islands was necessary, but | he feared that the people would be dis- He had not studied and knew nothing ous forms of gevernment. d whether Austral was an d never | Con- appointed in this. about my of a the prot insurgent leade of protection for the Pt ands, bec: the Filipinos ble to cope with any army. He re had never seen a for- | with the exception of the t Hongkong and Singapore, and he had never seen these troops on parade. Aguinaldo declined to discuss the Am n and protested his un- dying gratitude to the Americans. He said they come to the Philippines fight the Spaniards only, and no they had finished the task it was to be expected that they would return to America. He was unwilling to be- lleve that the Americans would demand a reward for an act of humanity, and he declined to admit the necessity of a quid pro quo. The Filipino leader expressed himself confident that the newly founded Gov- ernment would build a navy ultimately. In the meantime, he said, the great na- tions should protect and aid a young nation, instead of grabbing her terri- tories. If the Americans should refuse to withdraw, the natio assembly, he gaid, must decide the policy to be pur- army t t sued—a policy which he declined to fo! Further conversation was prevented by the strains of a brass band, but Gen- eral Aguinaldo was interviewed also by a dozen American journalists and one Japanes A Spaniard, supposed to be an officer in civilian attire, traversed the town, sneering at a denouncing the princi- pal Filipinos. On his resenting a friend- ly remonstrance he was placed under Filipinos assure the corre- hat they have personally | witnessed horrible tortures at Illoflo— | the feet of natives held to a candle flame for hours, electric currents ap- plied to the most sensitive parts of the body and variously unnamable atroci- ties—all intended to extort confessions. This scarcely credible, but there are numerous. alleged witnesses of such outrages, and several who show scars of recent origin and unhealeq. Sume! say they escaped only through bribing | the Spanish officials. i It is natural that there should be a | yvearning for revenge upon the Spanish | prisoners at Malolos, but these are not | maltreated. The correspondent saw | geveral who were at perfect liberty, having peaceful employment and ap- parently quite content to remain. NO MORE TROOPS NEEDED AT MANILA WASHINGTON, Sept. 16.—The fol- lowing dispatches were recetved to-day from General Otls: NILA, Sept djutant General, N In my opinion, based upon ) indications, no further force r red here. Insurgent leaders in poli- tics and army are in an excitable frame ot n are amenable > an approved ed world. nanding. Sept. ueneral, I telegraphed the situation erday The insurgents have our dem nd have evacuated city of Manila, except for in one of thé outlying dis- difficulty is anticipated and no have been made to them. a strong desire to maintain tercourse with the U nment in all p organ Congress Thursd twenty miles north of this to frame a plan of gov is very quief. The m is being perfected gradually f is policing and cleans The health of the comr tor and id desire to n reputation before th ¢ MANILA, W ington: or friendly States Gove: They & 1su Mexica bsist Spa that the mpose on July United S admissio: The the to [ for lotteries a opposed to public_mor OTIS, Commanding. »pium. ther T PORTO RICO PROMISED | Special cable to The Call and the New York Herald. ¢ ighted, 1895, by James Gor- AN JUAN DE PORTO RICO, Sept. pid progress is being made by the commissicon, whick. i now holding daily sessions. ‘Sa far comparatively little friction has occurred between the representatives of the two nations. When it is seen that differences are likely to arise over any matter the dis- cussion is postponed. This has resulted well. In several cases informal discus- sicn has smoothed over differences that might have caused much hard feeling had the Americans insisted upon imme- diate and formal settlement. So far the commission has given little attention to anything save the manner of evacu- ation of the island. To-day an agreement was practically reached to begin the withdrawal - of Spanish troops within three days. The cities of Lares, San Sebastian and Aguadilla, all in the northwestern part of the island, will be evacuated before the troops leave the center or eastern portions of Porto Rico. As the Spanish withdraw from Arecibo the Americans will occupy the towns, assuming gov- ernmental responsibilit. Points along the military road will probably be the last evacuated. To prevent congestion of troops in San Juan the Spaniards wiil retain control of this city until the last soidiers have embarked, when Gen- eral Macias will formally relinquish power and deliver the government and public buildings and property to’ the Americans. Vague reports have been heard of the rapid spread of yellow fever among the American troops. The authorities are suppressing the facts and are taking extraordinary precau- tions to prevent a spread of the scourge. PEACE COMMISSIONERS LEAVE WASHINGTON WASHINGTON, Sept. 16.—The Peace Commissioners, with the exception of Senator Gray, who iIs expected to join the party at New Yotk to-morrow, left Washington at 4 o’clock this afternoon without any ceremonies. The Commis- sloners were accompanied by a staff of attaches and Savoy, the falthful and trusted messenger, who has stood guard at the doors of the Secretaries and Assistant Secretarifes of State for years, and who in Paris will still be on guard at the doors of the rooms which the Commissioners will take up as their headquarters. Before leaving the State Department Secretary Day held a re- ception and said farewell to all of the employes individually. . Captain Bradford, chief of the Bu- reau of Equipment of the Navy De- partment, was notified at the last min- ute that the President desired his at- tendance upon the Commissioners at Paris in the capacity of an expert, for no one in the United States navy is so well informed as this officer as to the needs of the navy in the matters of coaling and naval stations. He will fol- low the Commissioners on the next steamer. LG BELIEVES THAT MANY VESSELS FOUNDERED Captain of a Norwegian Steamer Tells of a Hurricane Off the ‘Windward Islands. PHILADELPHIA, Pa., Sept. 16.—The hurricane which swept the Windward Tsl- ands on Saturday last was encountered on Sunday morning by the Norwegian | steamship Avon. Captain Frostad states that the barometer indications show- ed what was coming before the storm struck the vessel, and he was, therefore, not unprepared to meet it, but it was necesgéary to heave the vessel to to avold serious consequences. The storm_ sprang up from the south- east on Sunday and lasted until the next day, when there was an Intermissfon ana | a dead calm lasting for six hours. After l)‘mt the hurricane returned with renewed vigor. Captain Frostad belleves that many ves- :els foundered and will never be heard rom. b~ Orperg The ReiLease Or Teue PRisoner.. “Them UUDEH?AINT WorkTr A WHoop, ! R (@ss’ssw ‘ %sMILED’ ~ . CENTRAL FIGURES IN THE BOTKIN EXTRADITION CASE. KnigHT 2 18 INTeeRSTEQ| - et CONPLETES TERMS OF PROTOCOL Spain's Queen Regent Signs the Decregs Ceding Teritoy, (Sllvela Denounces Sagesta and De- clares That the Premler's Downfall Is Now Fast Approaching, Special cable to The Call and the New York Herald. Copyrighted, 189, b~ James Gor- don Bennett. MADRID, Sept. 16.—Silvela is out on the warpath in a long interview pub- lished in the hiberal. He attacks Sa- gasta, denouncing him, and stating that there only remains the period till the signing of the peace treaty before Sagasta falls. The latter, from what we hear, {8 by no means of the same cpinion. He talks confidently of being in power in the summer of the coming year, and his enemies are so upset by his latest tactics that they are simply helpless. . This afternoon the Queen Regent signed the decrees ceding territory to the United States. This, according to the laws of Spain, makes complete the terms of the protocol. Leon de Castillo took dejeuner with the Queen Regent, and started this evening for Paris. For reasons of state easily comprehensible to diplomatists he remains at his post there. Sagasta’s opponents, as soon as they managed to catch their breath, after the sensational political gymnas- tic feat of Sagasta, hurried in haste to their respective resting places in order to quietly reflect upon the sandbagging process under which they have fallen. General Weyler has gone to Paima and Robledo has gone to his sugar fac- tory in Andalusia. The firebrand, Conde d’Almenas, has gone to Portu- gal. We are in an interregnum, and until the Cortes is convoked to ratify the findings of the Parls commission there will be no animation here. - NEXT THE INVESTIGATION OF CONDUCT OF THE WAR NEW YORK, Sept. 16.—The Wash- ington corespondent of the Herald tel- egraphs: President McKinley, having started the Peace Commission on fits way to Paris, will now turn his atten- tion to completing the commission to investigate the conduct of the war. It was told at the White House to-day that the President expects to be able to announce the entire personiel of the commission to-morrow. Lieutenant General Schofield reached Washington this morning, and after a #prolonged conference with the President said he would withhold his decision until to- morrow. , It is understood that General Schofleld has practically decided to gerve, and he will be designated as chairman of the commission. Two other names are under consideration in con- nection with membership on the commission. One is James B. Eustis, formerly United States Senator from Louisiana and Embassador to France during the second administration of Mr. Cleveland. The other name sug- gested is John R. McLean of Ohio, edi- tor and proprietor of the Cincinnati Enquirer. It is understood that both of these gentlemen have been requested by the President to serve, and have asked until to-morrow. It is the desire of the President to have the commis- sion consist of nine members. Six acceptances are already in the hands of the President, so that if Gen- eral Schofield, Mr. Eustis and Mr. Mc- Lean consent to serve the commission will be assembled early next week in this city. The President is anxious that the commission shall enter upon its duties with as little delay as pos- sible. It is proposed, should the com- mission consist of nine members, to di- vide it into three sub-committees, to proceed separately with the investiga- tion of the subsistence, quartermaster and medical departments. Each sub- committee will report to the full com- mission, and then a report to the Presi- dent will be framed. It is contended that by dividing the work into three parts it will be expedited and results equally as good will be obtained. The personnel of the committee when completed will probably be: General Schofield, Dr. W. W. Keen of Phila- delphia, Evan P. Powell of Georgia, D. C. Gllman of Maryland, General James A. Sexton of Illinois, Charles Denby, former Minister to China, General Granville M. Dodge, James D. Eustis of New York and John R. McLean of Ohio. If Messrs. Eustis and McLean should decline to serve, the commission will probably be orzanized with seven .members. The President intends to have the committee enter the investiga- tion before all interest in the war dis- putes dies out. Constable Matthews’ Trial. BAN JOSE, Sept. 16.—The trial of Con- stable John Matthews for the murder of enry Hopken, set for Mon: been continued to October 8 B UNCLE SAM TRYING T0 AVERT WAR Hforts to Induce Chile and Argentina to Submit to Arbitration, But the Two Nations Continue to Prepare for Hostllties In Order to Settle Their Bound- ary Dispute, NEW YORK, Sept. 16.—A Washing- ton special to the Herald says: It de- veloped to-day that the United States has used its influence with Chile and Argentina to avoid a conflict which seems almost inevitable. In accordance with instructions sent by Secretary Day, the American Ministers at Santi- ago and Buenos_ :Ayres have submitted to the Chilean and Argentina govern- ments the hope of the President of the United States that they will not resort to war to determine the boundary dis- pute existing between them, but that they will, in accordance with the proto- col signed by their representatives, submit their cases to the arbitration of the Queen of Great Britain. The authorities are hopeful that this representation will have a beneficial effect upon the temper of the two gov- ernments, and that a satisfactory agreement will be reached which will permit. the submission of their cases to the British Government for decision of the Queen without further difficulty. It was recently learned that agents of Chile are gathering all the informa- tion possible regarding the lessons taught by the late war with Spain, with a view to profiting by the expe- rience of the American and Spanish ships. The agents of Argentina are also busy in securing techmical infor- mation and both nations are training their men with all possible expedition in order that the highest efficlency in gunnery may be obtained. CONSTITUTION WILL NOT PERMIT EXTRADITION OF MRS. BOTKIN Prosecution, However, Is Allowed Time to Per- fect Papers. Chief Lees Becomes the Butt of , the Jocular Lawyers for the Defense. The arguments in the matter of the | him He drew out tne fact that ten of extradition of Mrs. Cordelia Botkin, {a( = S u;’]i‘ in Delaware, while z Aot Mrs. Dun- | tWenty-eight are here. charged with the poisoning of Mrs. Dun. T dopit ind) one point: on’ wHIchET tan ning and Mrs. Deane at Dover, Del concluded for the time being ¥ V. Governor Budd declared the papers in the case ‘defective, there being no complaint attached, and aliowed the prosecution two weeks in which to repair the defect. | He held out no hope to the prosecution that he would grant- extradition even | when the proper papers were presented. On the contrary, he intimated broadly that the constitution of the United States would not countenance such act on | hfs part. The constitution lays down the requirement that before a person can be extradited from a State in which he is found it must appear that he has fled from the State demanding his extradition. He must be a fugitive from justice from the demanding State. This is an impera- | tive requirement of constitutional law. In this case it is conceded that Mrs. Botkin was never in the State of Dela- ware, consequently she has never fled from that State and is not a fugitive from justice. It was apparent to any person attending the proceedings before Governor Budd that he would not grant the request | of Governor Tunnell for the extradition of Mrs. Botkin. The officers engaged In the prosecution | showed their discomfiture throughout the proceedings. The decisions of all the courts in the land were against them, and they could not stem the tide. Chief Lees He interfered consider this ext outlaws, nor dos indictment, and I wouid suggest that she can be tried In this State upon a charge of mixing poi- son with food. The proof of guilt in the charge I mention would prove her gullty of the murder. She could then be par- doned and extradited to Delaware.” He told Lees that the defense was forc- ing him to bring about the prisoner’'s trial in this State, and, judging from the condition into which he had got his case, ly succeed. question indicated the stand he has taken on the matter of ex- tradition when the person has not been in the State demanding possession of him. This is strongly shown in the following dialogue: Governor Budd—If you once establish the proposition that a resident of Cali- fornia could be taken to New York or Alabama, or to any other State when he had never been in that State before, what would be the result upon defendants? Where would they have process for their witnesses? Who would protect them be- cause they are presumed to be innocent? Where would the matter stop when all a Governor coulw. look at would be first an indictment, and he could not go beyond the indictment—not a bit beyond the in- dictment, and an allegation that he did commit the me? Now suppose, Sir, you_were indicted for murder committed in New York. Would not that indictment for murder be stronger than all the com- plaints and all of the affidavits you could produce to me dition. an Murder never could not be suppressed. Rl % e with Assistant ]S'is[rict Attorney Hos- | Dlr ‘Hn. nnn "1"\ all p'rohnl?imt). ves. 5 mer’s presentation of the case to sach an , Governor Budd=Very good. I woul extent that the latter finally turned away | Bave to transport you to that State, though you had a thousand witnesses in this State that could prove that at the time you were locked up in the State prison or some other institution. I could not consider whether you were guilty or innocent of this crime. The indictment in disgust. The attorneys for the defense fairly baited the aged policeman for over | two hours, muci. to the amusement of the persons present at the proceedings. The Chief fumed and sputtered and used extraordinary grammar, blissfully igno- | inr rant that he was the butt of such clever | overcomes the presumption of innocence, men as Knight, Heggerty and others. | for a great many purposes as you under. e nor Budd seld that It Mrs. Botkin | stand, and is stronger than any com. is ever tried in this State it must be on | plaint, and all 1 would have to do would the charge of depositing poisoned candies | be to turn back. . in the jnail. The extreme penalty for tnis Mr. Hosmer—Exaetly. crime s twelve years in the enltemmry.' Governor Budd—What would that lead The persistent efforts of Chief of Po- |to? If I could get an indictment from the lice Lees to make paramount his plebald | Grand Jury an Francisco against ideas and misconceptions~of the law of | Grover Cieveland I could bring him out the land and of that regulating inter- | here and break him—put him to trial and state extradition particularly Induced | trouble, nobody would be liable, be- two hours of hot and oftentimes acri- | cause the Grand Jury could not be prose- monious debate. Did the defense quote |cuted, and®you could not v.. which of all a reference antagonistic'to the Chief, the | the witnesses had done it. “These extradition papers must be cor- rected, as they are of no use in thelr present form, with no semblance of a complaint against the prisoner,” said the dashed ldeas his august coat-tails were | Governor. ‘* at her punished if she is promptly plucked and Governor Budd was | guilty, if she can be proved guilty. You obliged to dodge another wad of Lees’ | must first establish the fact whether she amusing irrelevancy. mixed the poison or not. As the matter Frank McGowan closed the argument | stands vou can only get the matter be- for the defense, in which he pointed out | fore the Supreme Court if I refuse to act the law and the conclusions that lead to | in the matter. The prosecution could the fact that his client wes a fugitive | then mandamus me. Being a lawyer I from no State, and that as a _constructive | Would decline to play any such part. I fugitive she cannot be legally proceeded | xr;:!‘f,;lgltf ‘Z{?m"ifi',,'r’.“‘:i don’t want to write against. e on daa 2 g ose of his argument brought forth | Then sald Governor Budd: *“Mr. Hos- r,’{,‘;f fi‘m Governor i question regarding | MeT, have you ever read Hawley's work the now familiar Hall case. The answer | °7, extradition: v have." of McGowan was anticipated by the Chief, | Ihave.’ = .- 0 . vho sputtered, “Your honor, I know ali | [ Y¥hat do you think of it :hn‘:;:w.e Hall case—it has beat me sev-| . I do not'think I am competent to sputtering Isaiah was on his feet and ve- hemently interrupting with his own-con- struction. Did Mr. Hosmer argue con- trariwise to the astute captain’s badly Hall : R judge. | eral times.” “And it will again,” inter- e & e | Jected Mr. Heggerty. R e S “Just one minute, Captain Lees,” said overnor, ntgt I want to talk!” yelled Lees. | “There was a dissenting opinion in that | Hall case. Two of them Judges decided | that Hall should be taken back across | the line to Tennessee, where the man that was shot lived, and they were right. | Them other three Judges wasn't worth a | whoop.” Just what vicinage that whoop was | supposed to come from Lees did not say, but his argument had its effect—the Gov- ernor smiled. Mr. Hosmer did not agree with his col- league's argument, though he did with | the idea, and ill-feeling was so flpparent‘ that McGowan chipped in with, “There seems to be a difference of opinion be- tween Chief of Police Hosmer and Dis- trict Attorney Lees,” and a laugh re- sulted. Governor Budd then told of the fine le- gal points involved in the Botkin case. Among these was the point whether the rosecution thought it could take Mrs. %olkln out of State Prison and send her to Delaware to stand trial on the charge of murder. He held that the laws of this State would not permit, adding that he must execute the laws as he found them, which was pretty hard on ‘California. He held that the crime in the Dunning case was consummated here and that the poi- soner must be punished here. Should he send this woman East and she escape unishment there, he might never get er back, he sald. Mr. Hosmer was enlightening the Gov- ernor on certain points when George A man in Ohio may commit the crime of obtaining money by false pretenses in the Stats of New York without having left the State of Ohfo. The false pretenses may consist in false representations as to his financial and business responsibility. They may be made In letters written and mailed in Ohio and delivered in New York to the person to whom addressed. The person in New York relying upon the false pretenses delivers the property to the carrier in New York. The carrier in New Yok is the agent of the man in Ohio to receive the prop- erty and delivery to the carrier is delivery to him: In the case supposed the crime is com- mitted in New York and is punishable there. But the one who committed it cannot be ex- tradited to New York, because not having been personally present in New York when he com= mitted the crime he did not flee from there. Leés then told of an extradition case in which he’ played a prominent part in ante-bellum ys and which nearly re- sulted in a tragedy. There was a law per- taining to slaves as chattels. A negro came here and went on board a ship. The doughty Chief,armed with requisition papers, went on_ board. The negro clambered into a boat at the ship’'s tide and Lees jumped in after him, %mng through the bottom of the boat. *I got him,” said the Chief. *“But you didn't drown,” quoth Budd sadly. — Heggeriy tried to prove by the Code that the Chief’'s case was a relic of ante-bellum days, when slaves were chattels, but Lees shouted angrily, ““You wait till 1 get through talking.” And Heggerty waited. The Chief continued a self-sustained con- versation. Knight then demanded that the Gover- roffered a suggestion. This an- | nor decide at once the question of Mrs. ?erll-lesdm r. Hosmer, vgho fxclalmedman- l}‘Jc\tkgn bel‘ng aAflugglt:\';!. majsafiheHI: !a‘.ln'd v any are ng to tal at as been since us! . - gf.‘clg:?" Fovay e gested that the Governor do as the Ger- man did, take the case under advisement for two weeks and decide at once for the defendant. He sald it was an injustice to Mrs. Botlkin to keep her in jall two weel longer. “We have, time after time,” hs said, “consented to the prosecution’s delays because they had not had time to pre- pare their case. And now they ask for two v.ecks more so that they may bave time to get a legal complaint and a legal warrant to hold her on.” “We've got_one now, a varrant any- how,” shouted the shaking Isaiah “No you haven’t,” retorted Knight, “You've held her all along by means of a subterfuge.” “I've got a warrant from Judge Joach- imsen,” Teplied Lees. “But not based on a charge.” s, too; we've charged her with laughed Knight, ‘“got a war- a California_court for a murder done in Delaware. Captain Lees, do you hold this prisoner now by virtue of any paper out of Delaware? *Is it not a pretty spectacle—the Gov- ernor of Delaware swearing to something he knows not to be truc. Why he is guilty of perjury. What does he know about Fennessee, about the arsenic and about these ‘pretzel polishers’ at the candy store?” Here Governor Budd suggested that, since the Delaware warrant had been found defective the defense could on Monday, before Judge Cook or Judge Dunne, and upon the writ of habeas corpus now pending. secure the release of thg?r client in a very few minutes. The blow nearly killed Isalah. By means of Mr. Hosmer's coat talls he got to his feet and faltered, “Your honor, that opinion is vourn.” After the resultant laugh _subsided Mr. Knight continued, ler these conditions?"” - “Yes, I know that we could do that, but The Governor then asked that a com- | my client does not want to be released plete list of witnesses be complled for | upon a technicality. She wants a hear- “I only want to offer a suggestion,” ventured Knight. “I don't want Knight's suggestions, and I don’t like these interruptions.” Me- Gowan tried to smooth over the heated discussion, but hostilities were resumed a moment after, when Hosmer tried to find an authority and as he was taking some time over it Mr. Heggerty tried to offer a suggestion. He was shut off by Hos- mer. The latter went on with his search and was interrupted several times. Final- ly the Governor suggested that Heggerty be allowed to speak. Hosmer's face as- sumed such a pained expression that the genial chief executive smiled and said: “Go on, John; I am waiting on you!” The Governor then statéd that the main fact in the case under consideration, of which proof was required, was mixed and sent the poisoned cand He showed that all other matters at issue could easily be proved. He also showed that the most important facts of the case all occurred here. The logical sequence of the case was to try the prisoner here, and If it could be shown that she com- mitted felony In sending poisoned candy, no one could complain if she were taken to Delaware and tried for the graver of- fense. Her trial In Delaware would require all the witnesses to be in attendance. The majority of them are here. If she were to be tried in this city it would require the presence of but one witness to prove the facts that have developed in Dela- ware. It is also a fact that the principal witnesses In Delaware are relatives of the dead women, and they naturally have an interest in the case. “Witnesses here.’ continued the Gover- nor, “would hesitate before going to Delaware to stay possibly a year, to the injury of business interests here. Does any one think that the defendant could aet the mass of witnesses she desired un-