The San Francisco Call. Newspaper, December 17, 1898, Page 6

6 T HE SAN FRANCISCO CALL, SATURDAY, DECEMBER 17, 1898 The & SATURDAY.. .DECEMBER 17, 1 808 rietor. JOHN D. SPRECKELS, Prap Address All ‘Communications to W. S. LEAKE, Manager. PUBLICATION OFFICE Market and Third Sts., S. F. Telephone Main 1868. EDITORIAL ROOMS 21T to 221 Stevenson Street Telephone Main 1874, bt oot | THE SAN FRANCISCO CALL (DAILY AND SUNDAY) Is | served by carrlers In this city and surrounding towns | for I5 cents a week. By mall $6 per year; per month 65 cents. THE WEEKLY CALL OAKLAND OFFICE.... ~..One year, by mall, $1.50 908 Broadway NEW YORK OFFICE........ Room 188, World Building DAVID ALLEN, Advertising Ropresentative. WASHINGTON (D. C.) OFFICE .....Riggs House | C. €. CARLTON, Correspondent. CHICAGO OFFICE .. ¢ Marquette Building | C.GEORGE KROGNESS, Advortisi ng Representative. BRANCH OFFICES—52T7 Montgomery street, corner Clay, | open until 9:30 o'clock. 38t Hayes street, open unti! | 30 o'clock. 621 McAllister street, open. until 9:30 o'clock. 618 Larkin street, open until 9:30 o'cleck. ! 1941 Misslon street, open untll 10 o'clock. 2201 Market street, corner Mission street, open until 9 o'clock. 106 Eleventh street, open until 9 o'clock. 1505 Polk street, open | untll 930 o'clock. NW. corner Twenty-second ana Kentucky streets, open until 9 o'clock. AMUSEMENTS >arlor Match.” 30b. Temptation of Money Vaudeville th Tefore the War." a Man, Vaudeville and the Zoo. Mason and Bddy streets, Specialties, n--Charity Basaar. sing Saturday and Sunday. Chutes Cour « reation Park—Baseball Glen Park—N n . Sunday. Rosenthal —Coming in December. AUCTION SALES, By G », H. Umbsen & Co.—Monday, December ock. st Real Estate, at 14 Montgomery s o'el California and new disgrace added to a long list The courts have again been brought into 1en, sodden with tears ot reproach, and twelve jury mpathy—not for the victim of murder, but for the derer—have placed themselves on record as unfit 1 incapable of fulfilling a phase of law, Where | will not be he slayer of her husband has aped be It is a procla- on that the man whq loved her, who provided for 1 all the promise of her 1erely thie widow weey new SOrrow was | r hop whom she leaned, whose strong d whose hand was 1 upon who took her to his bosom, his to have her the e, was legitimate prey for a prowling, drunken soldier, whose impulse to murder had been stirred by the vile liquor of the dives. fol- What man is safe walking the streets or in houschold not has low his vocation d and s several home unblush- ing ¢ fornia is no wrong, provided a paid attorney weep and an aged father sit by sobbing as the pu Sed > of the pleader’s voice insults insults the statutes, the State bade the shedding of blood en be printed large, Because R inte e God who for names of these juryr otten them so- the tice ¢ are the twelve enemies of good order, e not f weigh clety is in peri He promoters of butchery, the make-believe citizens who n0 more. must share the burden of the odium they have sniv- elingly created: JOSEPH I. TWOHIG. C. A. BROWN. MORRIS STOCKWITZ. C. A. MASTELLER. J. P. FLEMMING. MATTHEW CULLIGAN. JOHN O'BRIEN. VICTOR ANDLER. J. E. GALLAGHER. THOMAS BARADY. JOHEN WOODTHROP. W. E. BALCOM. [t is a privilege and a duty to remember these as a precious dozen who should forever be barred from the jury-box. They will carry to their graves the knowledge that upon them rests a load of guilt. There is nobody to be congratulated. If in such a victory over right an attorney find glory, to such as Barnes wept joy or for shame is a matter of doubt. The { the aged father any and all must respect, but regard for them should not have led awry the sense and decency of men supposed to be sane and law-abiding. Genuine sympathy will be with the young widow. It is as though these twelve men had stopd at Hilde- brand’s tomb with her and there gibed at the bitter- ress which has made for her all the world a place of tribulation it is he is welcome. copiously, but whethe feelings alifor: must punish murder. protected the bloody-handed; Too long has it nd of " concerned for the rights of the vi those ken by his taking off. The murder trials has become a stench, a by-word, recognized as a pretense and a travesty. When shall the shame be at an end? , ar stri course General Wood stopped a duel at Santiago. While it was to have been between editors, it was meant to hurt. The editors were to have used Colt’s revolvers, starting from a reasonable distance and approaching each other, firing as the space became less. dently the joyous and mirth-provoking style of duel has not been introduced there. Miss Schaefer, a nurse back from Manila, has been talking so much that her remarks as printed seem to have a paucity of fact afloat in fiction. Perhaps the lady spent her time on the voyage home in reading novels. ‘rom the treatment accorded some of the witnesses in the Botkin case an observer might draw the con- clusion that to give testimony constituted an offense shable by browbeating. PSS 0 58 People would like to believe the Maine could be raised, but until they forget how the photographs of it looked they can’t. While the Czar regrets the partition of China, this is possibly because he wanted it all in a lump. Y Sixteenth, open until 9 o'clock. 2518 | too little has it been | Evi- | NO SENATORSHIP FOR SALE. | HILE we do not admit that there is any cause W for the fear; that is inspired by the method of Mr. Grant's Senatorial candidacy, we concede | that it justifies all the disgust which it causes. That candidacy confessedly originated in the East. It was decided upon in a council of politiciaus who have the reputation of growing no poorer in the public ser- vice, and whose health does not require the use of office as a sanitarium. Its first appearance in Califor- nia was Mr. Grant's request for the support of the Southern Pacific Railroad. Upon being refused, be- cause that corporation had other Senatorial suckers to iry, he publicly admitted that he had applied, and consoled himself for the denial of his application by pointing with pride to the support of the Santa Fe Railroad. These guileless admissions demonstrate that Mr. Grant was of the opinion that California has s0 little voice in her own affairs that her seats in the Senate are disposed of by one or both of two foreign railroad corporations, upon request of some Eastern politicians who can render an equivalent to the cor- porations in the shape of favorable railroad legisla- tion in Congress. This is a naked analysis of Mr. Grant's method. It consisted in an Eastern bargain, and the presentation of a grant, bargain and sale deed to the office, for | which an equivalent had been promised. There was no local nor personal nor party reason | why Mr. Grant should be Senator. If the selection bad been left to the voluntary action of the people, | who is bold enough to say that Mr. Grant would | ever have been thought oi? He was not in the Sen- atorial cla No act of party loyalty or State ser- vice had put his name on the eligible list. The first trace of his attempt to influence politics is found in a feeble infidelity to Republican principles and disloy- alty to the national ticket in 1890. In the hot fight of that year, while the right of the party to live at all was on trial, and while it identified itself with certain great principles of finance so as to call to its side allies out of the Democratic ranks where was Mr. Grant? When his brother was pro- claiming from the housetops, and boasting from po- litical Gath to Askelon, that if their father were living he would be a supporter of Bryan, did this aspirant | to a Republican seat in the Scnate deny it? Did he vindicate the great name that was being degraded by that unfilial ? Did he declare that General Grant was a sincere believer in the sound money and re- sumption measures which were the glory of his terms in the Presidency? Did he declare a son's faith that General Grant was not a pretender and a hypocrite when he said in his fourth annual message to Con- gress: he preservation of our national credit is of the highest importance; convertible into gold at par”? In his first message General Grant had sa “I earnestly recommend to you such legislation as will insure a gradual return to specie payments and put an immediate stop to fluctua- tions in the value of currency”; in his fiith message: “We can never have permanent prosperity until a in his sixth message: “It is easy to conceive that the debtor and speculative es may think it of value to them to make so- d money abundant until they can throw a por- tion of their burdens upon others”; in his seventh specie basis is reached”; message: retary of the Treasury to accumulate gold for final sound | money texts and the arguments by which he en- forced them was impeached by the declaration that he would support Bryan if alive, the Republican party vindicated his memory by sustaining the principles It did that duty unaided by the sympathy of the man who now conjures in his name for the party’s greatest honor in California. Heredity and family, and the support of an Eastern junta and the opposition of one and support of an- make up the pleadings of Mr. Grant, upon which he asks judgment Heredity is repugnant to republican in- any right to great s father did great things. Ancestry gives no claim upon those rewards which each genera- tion bestows upon its own exalted characters. In England there has been presented repeatedly the spectacle of a blackguard bearing the heredita: | honors of the house of Mariborough if founder, John Churchill, giorified the arms of his country at Blenheim and Malplaquet. The same true of the noble houses founded by great men in the high and mighty times from the crusades to the ac- | cession of the Brunswickers. Oftener than other- | wise their descendants have discredited the names they bear. redemption.” When his good faith in these for which he stood. other foreign railroad corporation, in his favor. o American has stitutions, things because because We do not say of Mr. Grant that he tarnishes the [ > S | Bennett and Dr. Woolsey removed this damaging evi- | , but that he does not and will not What this living generation de- family ! name of hi | add to its luster. | | in their own right and title, with their escutcheon em- | blazoned with their own deeds, and not quartered with | the acts of their forebears. | The Senate is not a kindergarten in which to train statesmen in the rudiments of their craft. It is not a museum ich to put on ‘exhibition the de- | scendants of past greatness. It is not a directory in which to print historical names. It is not a body to which a small junta in one section of the country and foreign corporation in another delegate their rep- resentatives. It is the greatest parliamentary body on the planet, and seats in it are not inherited, nor are | they to be bought The people of California have too much State | pride and personal self-respect to submit the common- wealth to the base uses of strangers. B —— THE PRESIDENT'S TOURS. | > of the attractive features of the personality O of President McKinley is his comprehensive | mpathy with all the aims of his countrymen | and his willingness to actively participate as far as 1 possible in all enterprises of a public character. Not- | withstanding the burdens and duties of his office, made more oppressive and difficult by the war, he has found time to attend various expositions and cele- | brations in different parts of the country, and at this ime is making a tour through the South, which is to include visits not only to the jubilee at Atlanta, but to the industrial institute at Tuskegee, Alabama. When this tour shall be completed the President within the last three months will have made visits as ; far West as Omaha, as far North as Chicago, and as | far South as Savannah. None of these tours have | been made in a hurried and perfunctory manner. The President has not seemed bored, as if he were going through a ceremony tedious and tiresome. On the contrary, he has shown a hearty enjoyment of his op- | portunities to meet the people, and has made friends at every stopping-place. Out of this willingness on the part of the President | to visit the various portions of the Union instead of | going fishing, the people of California and the West | generally ought to profit. We have no exposition or | jubilee to which to invite him during the coming lsummer. more’s the pity, but then in a certain sense California is always an exposition in itseli. It is al- next in importance comes | the solemn duty to provide a national currency, of | fixed, unvarying value, as compared with gold, and | “That additional power be given the Sec- | mands is that the recipients of its honors must come[ ways worth while for any Eastern man to visit it, and there are particular reasons why the President should do so. We invited Mr. McKinley to visit us last summer, but he wis unable to do so. Perhaps if another in- vitation is given early, before his programme for the coming summer is arranged, he may visit the State in the coming year. It would certainly be worth while for our delegation in Congress to present the request to him this winter. The President has now seen the Eastern section of the country, from the Atlantic to the Missouri, from the lakes to the gulf States, and it is but right the Pacific Coast should have the henor of entertaining him next summer. THE DANGERS OF EXPANSION. HE devotees of the doctrine of territorial ex- pansion, now that the excitement of. war is passed, have been met by the cold reason of a class of men headed by Senator Hoar, who believe that in the doctrine of territorial expansion, so freely advocated, lurks a danger to these United. States of America, in that no principle upon which this Gov- ernment is founded, no power granted to Congress nor any line existing in the constitution, can be found to authorize the maintenance of a condition which the expansionist claims will soon exist in the Philippine Islands. The cardinal principles of human liberty enunciated ir the Declaration of Independence should be care- fully read by that class of our citizens who believe we have a right to maintain by the strong arm and the bayonet a colonial authority over foreign races of human beings without their consent and against their i protest. The Light of representation in the Legisla- ture which frames the laws was recognized as one of the grounds for the severance of this country from England, and is spoken of as “a right inestimable to them (meaning the United States) and formidable to tyrants only.” Another ground was that the King of England had kept among us standing armies, without the consent of our Legislatures, and, again, “for imposing taxes without the consent of the gov- erned.” It was in the same relation to her colonies as that which the expansionists claim the United States shall occupy toward the Philippines that the War of Inde- | pendence originated and ended in the final separation of this country from Great Britain. But, say the expansionists, we do not propose to treat the. Philippine Islands as a colony; we do not propose to give them a colonial government, and it is denounced as a false issue of imperialism, and it is contended that the application of our navigation laws to Porto Rico, and the treatment of Hawaii, means that the government shall be territorial, and that these countries may grow from territories to full statchood under the laws and constitution of the United States. Passing the question of the questionable policy and danger of a State existing in the 10,500 miles away from the Capitol at Washington, we are conironted by the reiterated statement of the administration that the “open door policy” shall pre- vail at the Philippines, and that all nations shall be | entitled to the benefit of the business of the islands. How can that policy be maintained in the face of the constitutional requirement that all duties, imposts | and excises shall be uniform throughout the United States? If territorial government is proposed, if door policy” mentioned? |1 The truth is that in this question of our newly ac- | quired territory is involved one of the gravest and deepest questions that has agitated this country since the days of reconstruction, a question which must be | solved calmly and deliberately, not only for the pub- | lic good, but with regard to that great hypothes | which a philosophical writer has stated, that all na- ltions have their birth, life and death, and that in the | adopting into the body politic of elements so dis- | | cordant and degenerate we may be planting the seed of our future destruction as a nation. \ | !/:\ Brandes, assisted by Dr. Woolsey, desecrated | the body of Lillian Brandes, the child supposed to have been murdered, and one, whatever caused her [ eath, whose short journey from cradle to grave was | fraught with suffering and sorrpw. DESECRATING THE DE@D. CHARGE is directly made that the lawyer for d | to disclose evidence of crime. In the present in- stance, such evidence, according to the testimony of | reputable surgeons, had been discovered. That the girl’had been killed by a blow or blows on the head | scemed to be established through certain adhesion noted in the membranes within the skull. Lawyer ‘dem‘:‘. Why? There is no disposition now to make charges that | the theft was done h foul intent of defeating jus- | tice, and yet that it was made for honorable purposes the public will be slow to believe. A lawyer who would resort to so ghoulish a2 method must not be surprised tc note signs of disapproval. There is no doubt that | the membranes could be so manipulated as to destroy their character as revealed by the autopsy, | them valueless to the prosecution and mutely dispute iflxc assertions of the experts. - Nobody can say that | this will be done, or an attempt made to do it, but the | | ground for withholding faith in an attorney who | would resort to such a plan as purloining the skull of murder’s supposed victim does not inspire faith in the | purity of his motives. mestic circle and disturbed her sleeping husband’s from custody.: Martin declining to prosecute. As an example of the complacent and obliging husband he certainly heads the list. Some husbands might even | regard the shooting as a form of amusement almost | vioient. : | { { want to go home are scheming to have the Govern- ment deport them. It is an off day with the coolie when he cannot think of some trick to get the better of the “white deyils.” Bryan may stand on a platform with a free silver | plank would destroy any platiorm. Therefore there | wil! be no particular harm in his standing there until 1 tired. | | There is a law against reckless driving. The fact | is mentioned because one, judging by the acts of the | reckless drivers, would never have thought so. If the Russians abandon their plans in China, the step may be taken as indicating that the Czar's love of peace is more than a joke. Apparently ti’le Board of Education intends going out of office not in a blaze of glory so much as in a reeking smudge of shame. McKinley has met the South, and it seems to be hisen. el o o g | Oriental " tropics, | statehood is the end to be attained, why is the “open | Law recognizes the necessity for autopsies designed | render | Mrs. Eva Martin, who broke the peace of the do- | rest by shooting him in the head, has been discharged | Some of the Chinese who have grown rich here and | | plank and an anti-expansion plank, but a free silver | Colonel Daniel M. Burns is an ex- office holder of the State of California. present candidate for United States Senator and reputed owner of the fam- ous bonanza known as the Candelaria mines in Mexico. A majority of the people of this State are aware of the manner in which Burns discharged his duties as an of- fice holder; all are aware of his present Senatorial aspirations; but only a few have a knowledge of the facts concern- ing the manner in which he obtained control of the mines in the State - of | | Durango, Mexico, and which are esti mated to be worth anywhere from $20.- | 000,000 to $50,000,000.- Here and there may be found a man who has an in- distinct remembrance of hearing that Burns occupied a cell in a Mexican jail at some time in the past, and that his imphisonment had something to do with his connection with the Candelaria mines. Neither these men nor any one of the 120 legislators who will be asked to cast their votes for Burns within the next month know that the shadow of a Mexican prison cell still hangs over this Senatorial candidate, and that only the doubtful termination of a civil suit stands between him and the re-enact- ment of criminal proceedings that once before branded him a felon. | There are on file in the office of the | Secretary of State at Washington, D. | | C., documents that tell the official story | of Burns' connection with the Can-| delaria mines, his arrest and imprison- | | ment for the fraudulent annronrimhm‘ | of another’s property, and the proceed- ings by which one court after another reaffirmed the justice of his conviction | and confirmed the sentence of impris- | onment. Such portions of these docu- ments as have to do with Burns’ im- | mediate participation in this_ alleged fraud by which the title to this vast mining property passed to him. as well | as the history of his arrest and impris- | onment, will be quoted here in full. | A perusal of the following record will | | give the reader an insight into the na- |ture of the fraud charged against Burns. It should be understood that at the time the events referred to oc-| curred Burns vas employed by the owners of the mines in the capacity of | superintendent. From the recard: In 1S90 ¥ learned that Danfel M. Burns had sunk a prospecting shaft 300 feet deep from the 1000-foot | level (which was then the bottom | level of the old workings of the I(‘.ndelnrll Mines). The shaft was | | | sunk immediately under the divis- jon of the main Candelaria Mine and its addition, the Chenery Mine. Drifts were run from the shaft, every fifty feet deep, each way on | | the vein. The ore taken from the | | ahaft and drifts was so rich that 500 pounds of quicksilver was used to ench charge of 2000 pounds of ore to take up the precious metal. This ore was so rich that it could not be worked at the mill to advantage, %0 a portion was sacked and sent to Mazatlan, Mexico, and from there | shipped in bulk to Europe, instead of to California, as was usual. | No ore was taken from the stopes, but the hoisting works and stamps were taken out of the shaft, and it was filled up with waste rock, and information given out that the ex- ploration for ore was a failure, and that the rich upper ore bodies were about worked out, and the upper works would be abandoned when a new tunnel was run to reach the mine at a lower level. Then Burns, in securing the approval of the Local Federal Mining Agent to a | pian for a mew tunnel, which was | stated, to run through tae Cande- | laria Mines, conspired with the Fed- | eral Local Agent to give him (Burns) a mew title and possession of Ihe! mine. Subsequently, when the fraud- | mlent proceedings were brought te | the knowledze of the high federal administrative authorities of Mexs ico, they declared the act of their agent irregular and illegal. Burns had, at the time, for under- ground foreman and assistant, two American miners. They were in- structed to keep the extent of the | rich find secret, and he gave it out that the rich ore taken from the shaft and drifts came from pockets; but a detective, in 1880, learned from the assayer at the mill and from the assistant underground foreman and other miners the real | facts, in regard to the richness and | extent of the ore find, the estimnted | value of which was %o enormous that I refrained from making it publie, fearing it might not be true. | At this same time Burns was de- | preciating the mine ,and giving out ‘that the old mine had been worked out. The facts, as learned by the ‘detectives, were given in a casual way, and neither the foreman nor This assistant supposed they were be- traying any confidence. In 1803 the underground foreman became ill. He then left the mine | and returned to the United States. Early in 1594 a detective was en- gaged to get whatever information | he could from this foreman. The latter was at first secretive, but | eventually disclosed the fact that he, when climbing up through the ©1d works, had discovered the chim- ney, where the millions had been taken out by the former owners, and that, at his suggestion, the 300- foot shaft was located and sunk, and the drifts run, disclosing over five million of value in sight. Then the development was abandoned and the shaft filled in with waste rock, and the new tunnel planned to cut this same chute of ore 1400 feet be- low. Ome mide of this | ten dollars a pound, or $20,000 per ton; while the other portion, six feet ¥vide, carried rich ore. | At the time Burns declared the mines | abandoned they were producing from | $75,000 to $100,000 monthly under his | superintendency. Then came the un- | covering of the great mass of rich ore. | From the record: | It was then that the lessees of the | Candelaria became ambitious to | hold the complete title and owner- ship in the bonanza which they | were working, and being unable to buy it up, in their desire to obtain a | title, pretended the mine aban-| doned. They intended then to take | complete ownership of the property, | which it was decided should be done | in the name of D. M. Burns, their Superintendent. i To this end the mine for a dis. tance of 9000 feet along the vein was “denounced,” or declared to be without an owner, by this Superin- tendent. But it is a peculiar inci- dence that the record of the au- thorities of Durango shows that the | €andelaria in January of that same vear had produced $75,000, that in February, the month of the de-| nouncement, the output was $90,000. Notwithstanding these little irregu- larities, however, the mine was | placed in the hands of Mr. Burns by | the local mining agent in June of 1SSS, under a pretended title of abandonment, As soon as the owners of the mine be- | came aware of what had been done the | facts were laid before the Mexican Fed- | eral authorities, and an investigation | was ordered by them. As a result of this investigation the Federal Mining | Agent who had assisted Burns in mak- | ing the “denouncement” was dismissed | in disgrace. He was later arrested and | tried on a criminal charge, but escaped conviction because the State court be- fore which the trial was had lacked jurisdiction to try a Federal official for a fraudulent act connected with the ad- | ministration of the Federal laws. Burns was also arrested and haled | into court on a charge of fraud. His| conviction and a sentence of imprison- | ment speedily followed. From the record: In Exhibit Book No. 2, pages 3 and 4, will be found copies of the Judg- ment proceedings had by the Mexi- can Government in the Criminal Case against D. M. Burns for his part in the Fraudulent Act, and vwhich | will show that the Promoter Fiscal (Attorney General) of the Criminal Court of the City of Mexico advised the Court upon the termination of the Trial to Condemn D. M. Burns, and Instructed the Court to Convict | the Criminal te Imprisonment. When D. M. Burns was arrested in the City of Mexico, he appealed to the United States Department of State, through his political friends, the Hon. C. N. Felton and ex-Gover- nor Markham of the State of Cali- | fornia, whereupon the Hon. James G. Blaine, the Secretary of State, di- rected the Hon. Thomas Ryan, the American Minister at Mexico, to In- | tercede in behalf of the Prisoner, D. | M. Burns; as this Aflant was reu.“ ably informed at the time, and be- lieving it to be true, therefore | Charges it to be true, that the Amer- | ican Minister did interfere through | the Mexican Minister of Foreign | Relations at Mexico, in beualf of the | said Prisoner, D. M. Burns, and that | the Mexican Administration there- | upon appointed a Special Represen- | § tative of the Minister of Justice to | see that the Prisoner should have n | frir and proper Trial: But nlthough after a fair trial, the Defendant was convicted and Sentenced by the | Court as Prisoner, the Representa- tive of the Mexican Administration | succeeded in modifying and chang- | ing the Sentence of the Court, by securing an Order from the Judge granting the Prisoner Hail on a Fifty Thousand dollar hond until his | final trial should take place at San- | Dimas, State of Durango. On his securing Bail, the Prisoner | immediately left the ICty of Mexico for the United States, and was soon beyond the Jurisdiction of the Mexi- can Tribunals, leaving his Counsel to appeal the case to the Superior | State Court of Mexico. Here the case | was Re-tried, and the Prisoner was held Rightly Convioted, both hy the Promoter Fiscnl and the High Ap- péal Court. The Appeal Court held | that the Lower Court had been in | Error in granting Bail to the Pris. oner and Reversed the Order in | Granting Bail and Confirmed {he | Verdict of Canviction ana Tmprison. \ ment. From this Confirmation of the | Sentence, and denial of the Right of Bail to the Prizoner, his Counsel ap- Ppealed to the Federal Distriot Conrt on Ampare Proceedings. The Pro- moter Fiscal advised the Conrt that D. M. Burns was not entitled to the Rights of Ampare Reltef, ang u.é Federal District Conrt Confirmed the Conviction and Sentence of Tmpris- onment. Then the Case wan again appealed to the Supreme Conrt of the Federal (inv—rnnom, when the Supreme Court referred the Case with the evidence and the Record to the Hon. Justice Buclna, Vice Preai. dent of the Supreme Conrt, tor study and report to the Court. The Opin. lon and Report of this eminent Jas- tice of the Supreme Counrt i Conclu- sive, the Justice supporting it by quoting extensively from the evi- dence and the Criminal Laws of Mexico, he finally stated that the Prisoner was Righttully Convictea, and that the Penalty of ment should be ed, as the Evidence Proved that D, M. ga. Was the Author of the | vorce from George W. Brown on the | 50ld on a positive guarantee. Cu BURNS' RECORD AS A BONANZA KING Shadow of a Mexican Prison ~ Cell Hangs Over Him.. 7 Was Tried and Convicted of Appropriating the Property of Anocther. Fraudulent Appropriation of Ane other’s Property. His conviction and sentence of im- prisonment having been approved by the highest court in the land. Burns launched a forlorn hope in the shape of an “Amparo” appeal—that is, an ap- peal to the court for relief from the sentence. From the record: The Court by a bare majority gave D. M. Burns liberty on the technical point that he held a Federal title (obtained through hix act of declar- | ing the mines deserted) to the Can- delaria mines, and whether it was Zood or bad, the Supreme Court in the Amparo appeal, had no right to investizgate, and that the prisoner could not be held for crime until civil proceedings were had in the proper court, and the Federal Act | and the title given him under it had been declared illegal. The civil suit has been instituted and is now pending in the, Mexican courts. ‘What the result will be should it be | decided against Burns is apparent. Buy the Christmas Call, out next Sunday, if you want to read the best Christmas stories published this year, all beautifully illustrated. _—— JUDGE W. T. WALLACE ILL. Rumors That He Had Died Suddenly Create Considerable Excitement. Wild rumors that death had sudds stricken the venerable jurist, William T. Wallace, created considerable excitement in the City Hali and on the streets y terday morning. Thursday evening when Judge Wallace left the courtroom he com- plained of being extremely ill and fever- ish. Through the night he suffered con- siderably and yesterday morning was un- able to attend court. Shortly after the hour for court to convene rumors that the jurist had expired were circulated. Many of the courts adjourned “out of re- spect to the memory of the dead,” and for a time no business was trans#ted. *“ tices of the death of Judge Wallace” were spread on the minutes of several depart ments, the following appearing on the record In Judge Belcher's department: “‘Atd1:20 a. m. Fisher Ames, Esq., called the court’s attention to the sudden dem: of Hon. William T. Wallace, Judge of, th. Superior Court (Department 6), and mov- ed-the court to adjourn out of respect to his memory. Court was ordered .ad- Jjourned.” Judge Wallace was to have charged the jury in the trial of Walter Rosser, but as he ‘was unable to attend court Judge Dunne was given the instruc viously prepared by Judge Wal read them to the jury. —_————— Ina D. Coolbrith and Oscar Weil have written the worfls and music of a beautiful Christmas song for the Christmas edition of The Call, | out next Sunday, December 1S. — In the Divorce Courts. Sadie E. Brown has been granted a ground of extreme cruelty. Mary A O’Brien has sued George E. O'Brien for a divoree, alleging cruelty as a cause of action. Chris Topfer has applied for a divorce from Susie Topfer on tha ground of desertion. Suits for divorc: on the ground of fallure to provide hav. been filed by Lilly A Lorentzen agains Harry H. Lorentzen and Bertha Alford against Charles A. Alford. —_—————— The best Xmas present: Townsend's Cal- ifornia Glace Fruits, in fire etched boxes or Japanese baskets. 627 Market st., Palace Hotel building. —_—— Special information supplied dally to business houses and public men by the Press Clipping Bureau (Allen’s), 510 Mont- gomery street. Telephone Main 12 * —_—— Read Judge Maguire to Father Yorke, full text of his open letter in to-day's tar. —_———— “What was the result of the experiment | of having handsome young women instead of the regul tion boxes “It was a failure. After a fe the young men found they we in more than they could affor quit coming to church.”"—Ch . —_———— ACKER'S tribu- ar deacons pass th: w Sundays e chipping. DYSPEPSIA TABL! raising of the food, distress after ea form of dvspepsia. One little tablet g mediate relief. At Owl Drag Co. —_————— No Christmas Table should be without = b tle of Dr. Stegert's Angostura Bitters, the fin- est appetizer, imported from South America. ————— “Let me see)” said the absent-minded RUest; “mustard doesn’'t go with turkey as it does with beef?” “Yes it does,” remarked the assertive | youth, who was deliberately gorging him- self. turke; side. “The only difference is that ‘with Ou wear the mustard on the out- Vashington Star. OPEN EVENINGS. Beautiful HOLIDAY GOODS Pictures, Statuary, Vases, Ornaments, French and Dresden Cabinets, Onyx Pedestals and Tavles, Lamps, Art Novelties, Fine Crockery and Glassware S. & G.GUMP 113 Geary St.