The San Francisco Call. Newspaper, November 26, 1898, Page 3

THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 26, 1898. WILL OF THE LATE JAMES T. MURPHY TO BE ATTACKED Only Daughter of the San Jose Capitalist Will Institute a Suit to Break the Last Testament. Declares His Nephews and Nieces Influenced Him While He Was Weak From Drink—Great Legal Battle Will Result. SAN J There promises , daughter, Pearl Voss. Mrs. Lauterbeck to be a llve over the $260,000 | claims to be the child of a former mar- RN T. Murphy, 'iage of Mr. Voss, and avers that her ik ; veral weeks ago, | Bame was omitted from the will by ar who dfed s 3 80. oversight. Nearly a score of heirs will be involved. | ‘The prcsent Mrs. Voss, in answer to This ! b will b tuted t the suit, makes the counter claim that Mrs. W Chap the only |the plaintiff’s allegations are untrue; daughter ¢ ecea of her | tnat she is not the daughter of Voss, SR Wilhelmina | and that her true name is Shoeman. S i hik sl e irs. Lauterbeck alleges that Mr: Murphy, whe ; e, made a false inventory, omitt ago, and who ngly Upon | from the list of property of decc: her daughter’s tion. Other | property valued at $5000. Mrs. Vess parties interes sixteen cousins, | claims this as her separate roperty, amor hom ed one | which she acquired with mon:y earned state Smalley | while working as a servant-girl. & o The plaintiff has a romantic story. pretty yous an O et fow vears, | While & very young girl she had with Mury the past few Vears, | cyuor pamed Clancy. Mr. Voss of iso tr to contest the wi | posed Clancy's suit, principaily on ac- | | count of his mother, who, he believed, | 8 My get hold of the /s vert to Lizzie as F v and Lizzfe ran . - {was conspiring to { property that would r y child. Clanc cc Lamolle House. ‘_\(‘ )y ik heavily for sev- 4 Sonrt dincase and under an assumed name 5 : y were married. From Clancy the | soon divorced, and she has| since married twice. S Nk )V A & RIS JAMES T. MURPHY. , who has known the Voss since childhood, was on the stand to-day on behalf of the She said that the first time she ever saw the plaintiff the then Mrs. ASKS FOR SWIFT MAIL STEAMERS cts, particul E | Voss introduced the girl as My | 2d chain. Miss |daughter Lizzie.” She was certain that | 1t first refused | Lizzie was her natural daughter, fur; | she had often heard the first Mrs. Voss i tell of her birth. The fact that Lizzie the legitimate child of Voss was ently clearly established by this M appeadxs _"O,Mn ‘worth of property is A ony in the suit, which is being| Postmaster General’s at Mrs. Carroll in the Superfor Court. . thal Do e S 2 | Recommendations. Falinh nd inste MARY FIELD HONORED. : among the g | were only Elected as the Daughter of the Phi ty-second « Delta Theta Fraternity. | DEVELOPMENT OF COM*7.<RCE this throug COLUMBLUS, Nov ~At to-day’s ses- s they were sion of the Phi Delta Theta convention e nrwflz_a}u!}( T rd Brown of Columbus was | to gaze or 1y elected president, but de- | AND THE NAVY WOULD BE It was ru d nominated J. Clark Moore of | of tne dec: Thostn " Theoince| ATDED BY FAST VESSELS. Pl d as follows: Secre- ) gays ag Louis Imo. K nt to Cleveland; re- | " i Indianapoli histo- | Better Postal Facilities Are Required, [ Philadel- Particularly on the Pacific, Ow- e san ing to Uncle Sam’s New arns, Cleve- Possessions. d, daughter of | before | and_read Special Dispatch to The Call. ernity At the con Mi: S Field was | WASHINGTON, Nov. 25. — Post- ented 1 hasg | master General Smith in his report of the operations of his department o be a good daughter to the | during the.dast year sa g00d sister to you all.™ | | oyur recent experience has and emphasized the importance possesston of swift m Of immediate conversion into armed cruisers. In the further development of | our naval force this factor cannot fail to | fraternity illustrated of the NEVADA’S VOTE COMPLETE. Soldiers May Elect and her | J. Chap- | at | Ballots Cast Murpt h-law, D. heir pretty R e i e Repuslican Governor. | Yeceive consideration. The advancement talked readily of the Cese BP0 | CARSON CITY, Nov, %.—All the State| of our commerce requires that we shall & there /WOW DS e Y8l returns are in. ¥ candidate on the | have carrying facilitfes. A commercial T t 3ilver < v: ~, arine is not o y v e C ria pX - v "7 will contest my father’s will,” | Stiver ticket was elected except Cutling | pangion,but it Provides the best source for “hapr and then her | for Superintendent of Public Instruction, | the expansion of the maval force wh ut talking too d, possibly, Sader for Governor. The | becomes necessary in time of war. Fr 3 \jorities or pluralties follow Newlands, | every point of view it is thus a legitimafe object of governmental concern, and the adoption of practical and reasonable %5, Sadler, Governor, 24; Judge, those people gs to me if | Licutenant Governoi, 465; Howell, Secre-| neqgures within our power for the pro- i it in law. tary of State, 1160; Lavis, Controller, 429; | motion of this object seems to be dicta- fathe when he . g Kelly, Surveyor | ted by every consideration of public in- = Ak fros and that is how ral, 1076; Jones,’ Attorney General, terest. The act of 1891 invested the Post- st G T n A Hehiaa Maute, State Printer, 491; Ring, Super- | master General with authority to enter he cam a will. X intendent of Public Instruction, 1193; Deal, | into such contracts for the carrying of not have mails on American steamships in his judgment will best subserve and promote the postal and commercial interestsof the I would Regent, §95; Sterrett, Regent (short term), 1029, \id that although her | The vote~of the First Nevada Cavalry somewhat in the | arrived to-day from Honoluin and was de- | United States. The first fruits of this act her father thought | posited under seal in the State Capitol | were the powerful steamers which, con- we | building. It will be turned over to the | verted into armed cruisers, rendered such Only a few d Board _of Canvassers. The troop con- | useful service in the war with Spain. he had told her he In- | {ained 85 members and the vote was taken| They were employed in carrying the o the real estate and | at sea, as the ship sailed from San Fran- | mails across the Atlantic and compare fa- ciness and proposed tak- | cisco on the Saturday prior to the slection. | vorabiy with the Atlantic steamers un- But the act further pro- napman, her husband, in | It 1s a matter of dispute among lawyers as | der any flag. ith him. to whether the vote should be canva vided that the mail service in lines thus = rupted her daugh- It can only affect the vote on tha &. created should be equitably distributed Mrs Ay e Ger relations | norship, Sadier (Siiver) having bui: 24| between the Atlantlc, Mexican Gulf and ter frequently. 8a g o | votes over McMillan (Republican). | Pacific ports. In accordance with this with Murphy 2 sepsasionshad S T jon lines have been established to been amiable frequently | CRASHES UPON THE ROCKS. | s in the Gulf of Mexico and steamers called at the house is Vi vix' M}:l r bt recently launched fr‘wr this se;\'we. und‘ inst M Ca the brot! ust now undergoing inspection by a naval b husband Schooner Santa Barbara Wrecked ot Jif(1°Viii"be available as cruiscrs should dnd sisters of he said they were ar had influenced Murphy e was interested in the contest. Mrs. Murphy i ted nothing under the will, as she ¥ amply provided for. She said a diamond stud and other jew- elry belonging to Murphy were missing. be needed in a future emergency. But no lines have thus far been estab- lished under this act on the Pacific and he requirement of an equitable distribu- ton, which enjoys attention in that direc- tin, is forced and accentuated by the re- ceit expansion of American interests on thet ocean. Should steps be taken to ex- tend our flag over steamships on the Pa- Geronimo,Island. SAN DIEGO, Nov. 2%.—News was re-| ceived here this morning that the schoon er \ Barbara was wrecked on Tues- day last on Geronimo Island, thirty-five miles south of San Quentin. The schooner was caught in a severe gale and carrfed nst her and She denied Miss Smalley went to San Francisco |on the rocks, and. while all on board | cifie as it has been moderately extended Just after his death, and, it is said, she | were saved, it Is understood that all the | on tse Atlantic, such action will not only could probably throw some light on isions were damaged by the salt compy with the spirit and purpose of the the whereabouts of th things and iter. storm abated the hole | existlig law, but it will naturally follow stove in the vessel's side was patched up and the schooner returned to San Quen- tin. From there the party is returning overland to Ensenada and will arrive here on the next trip of the St. Denis. was the youngest | The Santa Barbara left San Pedro on | son of the late Martin Murphy, a November 17 for Scammon’s Lagoon and | wealthy old pioneer. and at his father's | Magdalena Bay, stopy oE al this port o death Inherited one-sixth of the vast | (3e Way south, Fith C. fagel and party, | g : 3 orchard an Murphy estate. .\tnl‘k:l)lr.:alnlome o Share | mineral lands lately purchased by an | diture was worth about $1,000,000. He was| Epnglish syndicate from the Hale estate |the num rather sporty and drank h;a;‘n . !Illl: | in San Francisco. | 43,000. father left a large share of the wealth | ST | Vithin this period the population has in ;Lu,i; 1{:: h;‘xm\' ":’r‘gg?fihfffifle«nfif DAWSONITES DEFRAUDED. gln'»rn;iss;)d ::nout 50 per clerlnii v:ihfle fl]le years of age. e « = et e i | post. usiress has multiplied nearly possession mf‘ th‘.“_"]rg:i ‘1Im‘nas‘c;1 \\}::s“ Serious Charge Against the Mining | threefold. The estimate of revenues mf\rrlr:dfl!f! A'l’);: ; . mgfiunkp\;rnr' Y i City’s Postmaster. | and expenditires for the fiscal year !nsm}fi- ver 3-11u;rr1’§n;' e VANCOUVER, Nov. %.—According to | €nding June 3), 1900, follows: Total es- and neglect caused her 0 me obtaimed | advices received from the north to-day, | tiliated revente, $100,958,112; estimated vorce, and In August, 1580, she O e | the Mghnanded methods of /the : Post. | SxPenditires, USIl6aLu0; C derolency 8 e roperty and was well pro. | master at Dawson City have brought him | f0F 1900 estimatyd $4,265835. Butigr e Hon o e D ohes beine given $200 per | Into trouble. He is accused of having col- | ET0SS abuse of fscond jolaad, A L ded Lo e Gating her life. Eleven |lected 2 cents each on 14,00 letters, cred- | Privileges the deficlt would Laye alsens o e acres of the Milpitas ranch, | \tng the Government witi only 3 cents on peared long ago, and its present and hundred acres T 4 oo missive. Residents of Dawson have | Promised decrease is In the face of vulued'at about ;1lr1né 0. as };;:1 i‘:aie | long fl(-nmplmned n;'m they have been | this abuse. upon to secure s sum. s e forced to ‘‘grease the palms” of th, Pow is estimated to be worth $250,000 | ofice employes before ey conld even mct nf,’;i,,’;‘{fi”é,{,";‘r"f,fl;fi?!f it it is in good shape. a distribution of their mall, and the man- : 5 -nl\‘;u:plh\"z\\‘fl< h”r‘};‘ in this county for- | Agement of the office has been reprenen. | 0f the system was this past year, the AL B S e sible from the start. | increase being 17,000,000 in number and ty-six ¥ s ago. as | - $16,000,000 in money carried. There were and wilize the opening of American op- portunty in that quarter. Posthaster General Smith calls at- tention to the rapid and amazing owth of the postal business in ail its brancher. In the last fiscal year the gross resenue was $39,012,618, against ,315,479 in 1880, and the gross expen- $%9,033,323, against $36,542,804; be- of postoffices 73,000, against other personal effects of the decedent. Mrs. Murphy knew nothing about any deeds to property having been given to the Smalley woman. “Jimmie” Murphy | steamers capable | the first Board of Bank Commissioners and also held responsible positions in the banks here. - SUES FOR A SHARE OF THE VOSS ESTATE Putative Daughter of the Late Los Angeles Capitalist Appears in Court. LOS ANGELES, Nov. 25.—The ances- | try of Mrs. Lizzie Lauterbeck is the| o theme of an Interesting lawsuit in Judge Shaw’s court. It is a strange gtory, and before it is fully unraveled it may be stranger still. Mrs. Lauterbeck is trying .o estab- lish her claim to the estate of Frederick Voss, who died last February, and has sued Rosa Voss, the widow of the de- ceased, and execytrix of the will, and. as co-defendant, has joined the latter’s | 28,753,412 money orders issued; face | value $204,593,891. Legislation is asked for Ett ttl;e nefit i i session of Congress to correc e evils L T vand u. Incm'er.a te_d. growing out of the practice of bidding WALNUT CREEK, Nov. %.—At Lafay- | for star route service. ette this morning Loulse Hastings, a| Among recommendations for legisla- widow aged % years, fell into a fircplace | tion are those to make depredations of at the residence of her daughter, Mrs. | railway postal clerks a continuous of- Warren Brown. and was burned to death. | pornos i Srovide a severe penalty for | employes embezzling or destroying FalElof Ereadols Donds. r.fl\rsp!;per mail; severer statutes cov- T AGED WOHA]&"S AWFUL FATE. | Nonagenarian Falls Into & Fireplace | PRESCOTT, Ariz., Nov. %5.—Word was ering green goods and obscene matter; TooetVER T AR B do st ¢ the {ssue of a special stamped envelope 000 of city bonds quality for 10 cents cof superior pape e New York. safety: ‘ma; sp‘e"c 1 election the for greater security arnd safe v;y for at amount was auihcrized in vi lesst curtailing the use of postage | adequate supply of tamps as o yedium of exchange and | sewerage purpo: [ fo1 allowing postmasters of the first and second classes to pay for the spec- ial delivery of letters by salaried postal officials and to allow carfare to speclal delivery messengers In_the great cities. G i Dined With the Qusen. | LONDON, Nov. %.—The United States | | Charge d’Affaires, Henry White, and Mrs White dined at Windsor Castle with the ueen this evening and will S5t the Castle. oyl A lie often ;flppleg where a cannon would be ineffective. PLACED UNDER - CUBMN CONTROL New Mayor. MILEARY RETIRES ' MAJOR | SENOR BECARDI MADE HEAD CF | THE CITY GOVERNMENT. General Wood Tries an Experiment for the Success of Which He Has a High Hope. Specfal Dispatch to The Chll SANTIAGO DE €UBA, Nov. 25— Some time ago Major McLeary, whom jeneral Leonard Wood had appointed Mayor of Santiago, requested to be re- lieved of his Mayoralty duties and to return to his military post. This re- quest was granted to-day. In the opinion of General Wood, it is | preferable to appoint to the Mayoralty | a civilian acceptable to the Cubans, and he has appointed as Major Mc- Leary's successor Senor Recardi, an old resident. - He is anxious to give the Mayor as much authority as is com- patible with military jurisdiction. The new Mayor will conform to General Wood's ideas, which are to give the Cubans every opportunity to show themselves capable of self-government. The first official act of the Mayor was to discharge the entire clerical force in the Mayor's office and to employ 'Cu- bans who had served in the war. He will shortly issue a manifesto to the ef- fect that he intends encouraging the city's development and giving employ- ment as far as conditions will permit to worthy persons. He will promise to look closely to the general interests of the community and will call upon all Cubans to obey the law, and thus to promote the prosperity of the country and to insure the happiness of its people. General Wood has high hopes of this first attempt at civil government under Cuban control. General Wood to-day issued a notice imposing a fine of $1000 upon any per- son promoting a bull fight and a fine of | $50 upon any promoter of a cock fight. In the case of a cock fizht the fine will fall upon witnesses as well as pro- | moters. OF INTEREST TO THE COAST. Volunteers Who Will Be Discharged From Service. WASHINGTON, Nov. 25.—By direction of the Assistant Secretary of War the fol- lowing enlisted men, now supposed to be at stations designated after their respec- tive names, will be discharged the service of the United States by their respective commanding officers: Private Fiorent Hoffer, Troop B, Fourth United States Cavalry, Presidio, San Francisco; Sergeant Daniel P. Wells, Battery a, Utah Volun- teer Artillery, now at Manlla; Private W. J. Hanah, Company L, First Montana Volunteer Infantry, now at Manila; Pri- vate R. M. White, Company A, Twelfth Minnesota Volunteer Infantry, now at Manila. Private James M. Wood, Astor Battery, United States army, now at the Pres(dfo of San Francisco, will be dis- charged the service of tne Un.ted States | by the commanding officer of his station. Pensions have been granted as follows: California: Original—Jerome Seeley, Farmersville, $6. Additional—Frederick A. Griffith, Santa Rosa, $4 to $8. Increase —Willlam W. Campbell, Riverside, $8 to $17. Original w.dows, etc.—Margaret Webb, San Simeon, $8. Oregon: Original—Warren_ B. Lamb, Wilbur, $6; Jephtha Finney, Fulton, $3. &, EARTHQUAKE IN THE SOUTH. The Shock Felt in Virginia and North Carolina. RICHMOND, »a., Nov. 25.—Many points in South and Southwest Virginla reported having experienced an earthquake shock about 3:20 o'clock this afternoon. The disturbance was felt from Nottoway County to the Tennessee line. There was the usual preceding rcaring noise. No damage is reported. FRANKLiINSVILLE. N. C., Nov. 25— ot carthquake shock was felt terigon about five minutes V.bration was from east ., the shock was felt the iargest buildings in £uicide by Hanging. SANTA CRUZ, Nov. 25.—A man named Tuttle committed suicide on Wednesday by hanging himself to a rafter in his %abllx:hneu Boulder Creek. He was in ill cal Santiago Now Has a| URDERER'S HEIRS PROFIT Decision in Frank Be- lew’s Case. DEED ENRICHES RELATIVES INHERIT THE WEALTH OF HIS VICTIMS. Assassin’s Estate to Receive Its Share in the Distribution of the Property of the Two Py~ sons He Killed. Special Dispatch to The Call. SUISUN, Nov. 25.—A novel case, in- volving fine legal points and the first of its kind ever tried in California, has been decided by Judge Buckles of So- lano County. The question involved was whether a man could acquire prop- erty by his own crime. Judge Buckles decides that he may, and that his heirs shall receive the benefits. The decision in part follows: Louie, Frank, Arthur, Thomas and Susie Belew were brothers and sisters. Loufe and Susie were unmarried and each possessed estates in their own right, The father and mother were both dead. Frank was without means and possessed a fam- ily with whom, at the time, he was not living. He murdered Louie and Susie with no other apparent motive than to succeed to a portion of their respective estates. He pleaded guilty, was sen- tenced to be hanged, and his execution took place in the State prison at Folsom on the 16th day of June, 1898. The petition for the distribution of the estates of Susie and Lwule Belew asks that said estates be distributed in equal shares to the surviving brothers and to the estate of Frank Belew. \ One of the brothers files objections to any distribution bef made to the estate of Frank Belew, olf the ground that, he having murdered his brother and sister, could not succeed to any of the es- tate left by them. To this objection a general demurrergis interposed. The ob- | Jection is based upon a case determined October 8, 1889, decided by the Court of | Appeals of New. York, and reported in (Kiggs vs. Palmer) 22 N. E. R., page 185 That was a case where the grandfather made his will, bequeathing to his grand- son, Elmer, the residue of the estate. Elmer, who was 16 years of age, knew of the bequest to him. For some reason the grandfather had manifested an in- | tent to revoke this part of his will, and of | this the boy had knowledge, and to pre- vent this being done and in order to come into possession of the residue of the es- tate, according to the bequest, he mur- | dered his grandfather. | The court held that the act of murder there operated to revoke that part of the will, and that Elmer could take noth- ing. The statutes of succession or of de- scent contained no express provision by which one who murders his ancestor or one from whom he is otherwise tntitled | to inherit, is precluded from inheriting or | of succeeding to his victim’'s egtate, nor does the statute which provide® for the revocation of wills make the murder of the testator a revocation of the will. But the court said in substance: “The laws of New York relating to the probate of wills and the distribution of | estates will not be construed so as to secure the benefit of a will to a legatee | who has killed the testator in order ‘to prevent the revocation of the will.” This ruling has been severely criticised by other courts of like jurisdiction on the ground that the New York court con- strued something into the statute which plainly the Legislature did not in- tend to and had not put there. It is true that the Supreme Court of Nebraska ap- proved the rule laid down in the New York case In a case entitled Shellenber- ger vs. Ranson et al., N. W. R. 700. In that case Leonard Shellenberger would inherit or succeed to Ms daughter's estate providing she died first, and in order that he might succeed to his daugter’s property he murdered her. However, this Nebraska case was not permitted to stand as thus decided for a | rehearing was granted, and,on such re- | hearing the court found itself and quoted | the true rule in the interpretation of such statutes. In this State the Code has provided as follows: “Civil Code, Section 1386—When any person having title to any estate not otherwise limited by marriage contract dies without dlssoslng of the estate by will, it is succeeded to and must be dis- tributed, unless otherwise expressly pro- vided in this Code and the Code of Civil | Procedure, subject to the payment of his debts, in the following manner:"” Then follows the order in which the es- | tate is succeeded to, and there is not here | nor in this Code or the Code of Civil Pro- ceedure anywhere any provision that in any manner forbids the murderer from taking an estate that would otherwise descend to him. In this case 1 was asked in effect to so reform said section 1386 by adding a provi- so thereto in about this language: “‘Pro- vided, that if the heir murdered the de- ceased he shall not succeed to any of his estate.” Or that I must say that the Legislature intended to include such a proviso. Un- less this court can do this the estate of Loule and Susie Belew must be distribu- ted in equal parts to the estate of the murderer, Frank Belew, and the two sur- viving brothers. In order to give the law such a mean- ing as is here suggested I must first find that said section 1386 is not clear in its terms, is uncertain in its directions, is ambiguous and does not express fully the legislative intent. But a simple relflinF of the section at once brushes away all thought of ambiguity, shows the certainty of every word and sentence, and at once impresses the reader with the certainty that the full intent of the Legislature as to the succession of property is expressed therein. Therefore, having no legislative powers whatever, and not being con- cerned as to the poucy of the law, this court is unable to reach out and .corral some real or fancied ‘legislative intent’’ which has been floating about for all these years since the adoption of the Codes, and inject it into this section, to change the meaning, which now is clear and well defined. is is not a parallel of that where the beneficiarv in,a life insur- ance policy murders the assured to get the insurance. Fraud and contractunal | relations are then to be considered and not the law of succession. Much might be said on the point that to ve the interpretation sought by the ob- otors would add an additional pun- shment to the crime of murder not known to the laws of the State. But while such would be the logical result, I do not deem it necessary to discuss that point. It has been seen we have only to look to the law of succession for a determina- tion of this question. For the reasons herein stated the demurrer Is sustained.- THANKSGIVING AT MANILA. Duly Celebrated by the Army and Navy Men. MANILA, Nov. 2.—Thanksgiving day was generally observed by the Americans here, and the British also celebrated it festivities was a_dinner, tendered by O. F. Willlams, United States Consul here, to officers of the American army and navy. Covers were laid for thirty-four persons, and among those present were Rear_Admiral Dewey, Captain Dyer of the Baltimore, Captain Coghlan of the Raleigh, Commander Lutz of the Monte- rey, Captain Lamberton of the flagship Olympia, Commander Walker of the Con- cord, Lieutenant Commander Skpger of {he Mahila and Lieutenant Brauhersreu- | ther of the Charleston; alsc Generals An- derson, Hale, MacArthur, Reeves, H. G. Otis and Ovenshine and Colonel McClure! the British and Belgian Consuls and some representative merchants and the news- aper men. The Minnesota regiment en- ?erts.lned the whole of the California regi- ment. The Inmates of the hospitals were not forgotten. as a holiday. The feature of the day's| SEEKING A BANDIT'S TREASURE TROVE : BY I'"S EHIME Searcb. in Marin County for a Stolen Fortune Buried in the Early \ Days. a marked man. the German Hotel, where he is trail with sinister intent. It is commonly believed that Goetz highwayman in the '60's. poverty to affluence if he can succeed would permit. til he was again seen in having been discovered. leading a pack mule. burden. was killed in a water-front brawl. ceased work. dential friend he told the story of the paper, the greatest vigilance nobody has yet the treasure. Goetz refuses to tell. turns late at night, is “shadowed.” AN RAFAEL, Nov. 25.—Emile Goetz, a local cigar manufacturer, & Every movement he makes from the time he leaves staying, in the morning, until he re- Nor are there any thugs on his has succeeded in locating the cache where lies buried over $50,000, the ill-gotten treasure obtained by a masked Goetz himself is confident that he will soon locate the exact spot, and feels certain that in a short time he will be lifted from in getting the treasure away without the knowledge of those by whom he is being trailed. In 1856 the stage plying between Redding and Trinity County, was held up by three masked robbers and about $150,000 in nuggets, ingots and dust taken from a Wells-Fargo messenger named D. Barstow. One of the robbers, a Spaniard, was captured and turned State’s evidence. Adolph Newton, the moving spirit of the trio, was captured after a running fight while trying to escape into the w highwayman managed to get safely away. Newton was tried and convicted and sent to San Quentin for ten years. The Spaniard gave up his spoils, but Newton, who was said to have $50,000, the lion’s share, refused to relinquish it. prison in 1866 and went to Shasta as fast as the means He was dogged by detectives, but they lost sight of him un- Marin County, having made his way through Shasta, Tehama, Mendocino, Sonoma and Marin counties to the bay without station, Shasta ilds of Eastern Oregon. The third over He was released from of transportation One day he appeared at Donahue Landing with a mule carrying a heavy pack, but became suspicious and returned to San Rafael. go up Reservoir Hill, back of where the West End station is now situated, When he returned an hour later the mule had no He was seen to Newton went to San Francisco the same day, and on the day following The secret of where the buried was commonly supposed to have died with him, but the story soon became bruited around, and for months men and boys searched the hill in an endeavor to find the buried money. Finally they all gave up what came to be considered a hopeless task. For over a score of years the incident has lain dormant in the memory of the oldest citizen of the county. Four months ago Goetz came to San Rafael. his previous history or what induced him to come, but during his residence he has been engaged in the cigar business. ders much in the vicinity of Reservoir Hill. of his business, but remained in town, and many wondered why In an unguarded moment he revealed the reason. To a confi- treasure was Nothing is known here of ° During his spare time he wan- A week or two ago he disposed he had buried treasure, and, producing a waved it in the air, with the declaration: “This is a diagram of where the money is buried.” Inquiry brought to light the facts of the robbery and burial treasure, and then people began to dog his movements. he had several light instruments for digging in the earth manufactured the metropolis and was making nocturnal visits to Reservoir Hill. Despite of the It was learned that in been able to detect Goetz digging for Goetz frankly admits that he has a map of the region and thinks it is only a question of time when he will locate the money. tirely ignorant of the topography of Marin County four months ago, and, as the signs on the map were unmarked, did not know where to look until the region was shown him in a dream. He came to San Rafael and found the map fitted the region admirably. Where he got possession of this paper He said he was en- SHOOTS AT WIFE AND CHILD WITH SHOTGUN Then a Liquor-Crazed San Rafael Teamster Attempts to Murder Arresting Officers. SAN RAFAEL, Nov. 2.—Crazed by liquor and maddened by Jjealousy, an Ttalian teamster named Joseph Soldavino shot twice at his wife and daughter with a double-barreled shotgun to-night. Then he barricaded the doors and windows of his house and for nearly an hour defied the officers of the law. The frenzied man was finally overcome and lodged in jail by strategy. Alfonso Miller, son of Mayor Miller, was passing Soldavino's house, on C street, near First, at 9 o'clock, when Mrs. Sol- davino and her daughter rushed out, | kscreaming. The husband and father fol- lowed as far as the porch and emptied both barrels of the shotgun at them. | Owing to his_intoxication he missed. | Miller picked the fainting wife from lhe; sidewalk, and, accompanied by the daugh- | ter, carried her to a place of safety, just as Night Watchman O’Brien and Jacob Milier came to the scene, attracted by | the shooting. A large crowd soon gathered, but stood at o safe distance. They tried to enter | the house, but Soldavino fastened all the doors and windows and savagely declared | he would shoot the first man to enter. | O'Brien tried to break in at the front! door, while Miller endeavored to force & rear window. The inmate opened another window and snapped his gun at Miller, but { he had forgotten to reload the weapon. | Both officers then devoted their attention | to the front of the house. | Finally O'Brien made Soldavino believe his wife wished to speak with him, and the door was cautiously opened a lo‘w‘ fnches. Throwing his_full weight upon the door, it vielded, and O'Brien grappled with Soldavino, who tried to stab him with a butcher-knife. Miller and a num- ber of citizens rushed to the officer’s as- sistance, and the bloodthirsty teamster was disarmed. It took four men to carry him to jail, Soldavino howling and cursing and swearing that he would have the lives of both his captors, if it required years to accomplish his revenge. Hardly three years ago Sold: then lived at Ross Landing, tri an injunction preventing the North cific Coast Raflway Company building a | road to a gravel bed. He falled, and for | several days stood guard with a rifle, after having torn up a number of rails. | Nobody dared go near him, and it was| only_ after an_ Injunction ' was issued | against him and he was arrested that the road could be cumh:med - REUNION OF CAPAY VALLEY PIONEERS Former Editor of “The Bung Out” One of the Prominent Char- acters Present. WOODLAND, Nov. 25.—A reunion of the old settlers of Capay Valley was held in Capay on Thursday. There was a mrgei attendance. A turkey dinner was served. Among those present was S. U. Chase, a pioneer of '{5 and editor of the first paper ever.published in Yolo County. Its title, “The Bung Out,”” was expressive of the idea that originated such a publica- tion, and the news was permitted to run from the wide-open "gung." hlh‘. fCh‘i\:e y: itics was Democratic, for he g:a’: ‘éfi)r‘x:m(hat way,” and he nailed the banner of Democracy to the masthead in the start of life, where for over sixty avino, who | jed to get | vears he has honored and protected it. A boem, “The Mountain Maid," a late pro- | duction of his, was read and enjoved. | e closing speech was made by M. A. | Nurse. It was eloquent and forceful, and was listened to with the closest attention, | A soclety known as the Pioneers of Western Yolo was organized by the elec- | tion of Jacob Winter president, E. E. Per- kins secretary, and Dr. T. Craig treasurer. | J. B. Nixon, John Foster and John Lang Were appointed a committee to prepare by- laws and constitution for its government. | ‘Annual reunions were agreed upon for | some day in October of each year. e AFFLICTED WITH LEPROSY. Mexican Woman of San Bernardino Has the Dread Disease. SAN BERNARDINO, Nov, 2%5.—The an- | nouncement that a genuine case of lep- | rosy exists in the very center of this city | has caused alarm. For some time Dr. | G. A. Rene, County Health Officer, has | had the case under surveillance. Finally, after a conference with two other rep- utable physicians (Dr. C. A. Mackechnie and Dr. 8. G. Huff), he has decided that it is a case of anesthetic leprosy. The leper is Mrs. Tampa, a Mexican woman of the better class, living in Hol- comb alley, between Eighth and Ninth streets, one of the bast residence localities | in the city. The woman is about 64 years old. She evidently has been a sufferer from the “living death’™ for seven years. The authorities have communicated with the State Board of Health for instruc- tions, and if the leper hospital San Francisco is a State institution she may be removed thither. She is now attended by two sons and a daughter, who reside with her. GALE DOES DAMAGE IN SOUTHERN CALIFORNIA Thirty-Seven® Derricks Blown Down in the Los Angeles Oil . District. 1.0S ANGELES, Nov. 25.—A terrific windstorm, which began last night, did considerable damage in the oil-well dis- trict in this city, where derricks were blown down and ofl tanks upset. At Pasa- dena the wind threw down awnings and signs and demolished some window glass, besides destroying trees and hedges. The storm ceased at sunrise. The extent of the damage in the ofl dis- trict is just beginning to be learned. Thirty-seven derricks are down and many overhead pulley wires and smokestacks. Two ofl tanks holding a thousand gallons of ofl were punctured by falling derricks and the oll is running through the streets. Several houses and barns were crushed under the falling derricks. The cottage of Mrs. Romero was struck by a heavy tim- ber which went through the roof and fell across the bed where her two children were asleep. Curiously enough, neither one was injured. One horse was killed. Two hundred men are clearing away the debris in_the district. Pasadena reported orange trees blown nearly clean in some of the orchards in the San Gabriel Valley, while the mes- sages from Riverside, Redlands and the territory contiguous say that the damage as yet could not be estimated. Colton re- ported little or no damage, while from Tropico comes word that the orchards had suffered, as had also several outbuildings in_that place. SAN BERNARDINO, Nov. 2.—Wind last night blew electric wires down. The damage to the ripening orange crop was considerable, from thorn bruising and dropping. So far this season anly .08 of an inch of rain has fallen. Era S DEAD OUTLAW NOT IGNATIUS EISLER Resemblance Is Remarkable, but the Real Eisler Still Lives at Daggett. SAN BERNARDINO, Nov. 25.—Sherift Holcomb this morning released Patrick Moriarity, the alleged accomplice in the Daggett train robbery. Moriarity imme- diately departed for San_Pedro. The authorities are much mystified by the discovery that the dead train robber is not Ignatlus Eisler. Wells-Fargo De- tective Hume located the real Eisler upon arriving at Daggett. He looks like the deceased, was dressed as he was and was about the same age. The resemblance was remarkabie. When he read the ac- count of the inquest he was angry, saying it might interfere with an estate in the old country, in which he is interested. The officers are now at a loss as to the identity of the slain outlaw. S BEAMER'S BIG MAJORITY. Elected a State Equalizer by Over Five Thousand Votes. WOODLAND, Nov. 2.—The returns from all the counties comprising the Third Equalization district are now in, and Beamer's majority is much larger than his most sanguine supporters an- ticipated. On the day following the elec- tion the Republican victory seemed to be so overwhelming that for a time it was feared Mr. Beamer had been buried be- neath the avalanche. When the returns began to come in his partisans claimed his re-election, but admitted that his ma- jority would be materially reduced. Bach succeeding day increased the size of his majority and the returns complete dis- close the fact that he has made the most rlorknn{kable run of any candidate on any ticket. Mr. Beamer's tremendous maflom‘ in an off year puts him at once in the front rank of Democratic gubernatorial 88i- bilities for 1902. His majority is . Eer e Salinas Contractor Dies. SALINAS, Nov. 2.—Willam Patrick Mauldine, a pioneer contractor and build- er, died this_afternoon, aged 65. He Sorved in a Texas regiment during the Civil War, and at the conclusion of hos- tilitles came to Salinas, where he resided over thirty years. He was a widower and leavehs three daingla ugfl;hm ried daughters and a_ son. £ lost a fortune in California.