The San Francisco Call. Newspaper, December 31, 1898, Page 2

o = THE SAN FRANCISCO CALL SATURDA_Y, DECEMBER 31, 1898. tion during the trial. He said in or- der that their verdict should be in ac- cordance with the law and the testi- must understand the prin- mony they ciples of the law. It was for the pur- pose of instructing them in this regard he addressed them at that time. He said any error of his would be re- viewed by the Supreme Court. With questions of fact and Weight of testin the court had nothing to do; those L rs for them to deter- >d them not to con- th ence that had been| r out. They must not consider the ¢ nent, comment or suggestion of cour s evidence. He then read the s stions made by the defend- ant’s counsel to be incorporated in the charge. He told them that if any witness had sworn falsely they must discard all the testimony of that witness as not worthy of credence. He dwelt 6n the fact of burden of resting on the peo- and that their case must be proved reasonable doubt. If a astructions codld be placed on any test ony t ' must place upon it the ion of innocence. osecution to overcome all ns of innocence ence of the experts should be ith great caution. It is ad- rtain cases and is entitled ed. He u them to f their own per- n. In considera- not to be athy, pas- form sonal tion of t swayed nor the they ment, were sy1 sior As to th us letter when Mrs post- Botkin the latter e contrary. They can- or suspicion. ¢ were to ascer- tain beyond r onable doubt was whether t wers oning. yond doubt, ecither by the re: sy or by other com- Mr. Hosmer was. honored with the petent evidence. This must be done to largest attendance of the trial. He was a moral certainty. If there is any | Prepared for a great effort and outdid doubt as to the cause'the defendant 8ll his previous.efforts, and as some | must be acquitted. | one remarked, proved that he was, as| They must not take into considera- | has been'claimed, “the brains of the tion her personal relations with Dun- District Attorney’s office for the past ning, and if the motive was not shown | ten vears.” The courtroom was filled they must co; If ce either in making their in circumstances could way they carried no weight and should not be considered. If the reasonal their duty to acquit. be guided by the preponderance of tes- timony, sons urt dwelt at length on the mat- onable doubt, saying if that existed they must acquit the defend- the terrible crime by which two jnno- ant. The evidence presented them was | cent women were murdered without ad- not to be weighed in an arbitrary man- | monition or warning that they had an | ner, but un the carefully drawn ) enemy in all the world. laws that govern evidence. The de-{ He showed where counsel for the de- fendant was always entitled to the | fendang were at variance in their rea- presumption of innocence, and if the | soning on the case. He scoffed at the reasonable doubt existed she must be contention that the box of candy had | acqui i. The moral certainty. how- | never gone through the mail,.claiming | ever, was all that the law reauired. |that it had been proven absolutely. He | ¥ t it must be proved that a crime! pictured the scene on the porch of the had been committed, and then it must | Pennington homestead, when the candy be proved the defendant did it. was brought from the postoffice, and He then quoted the words of Judge | the little group tried to decipher from Murphy on the question of motive for f whom had come the box and its loving and devoted some time to a dis- m of dire or positive evidence. Circumstantial evidence was the basgis nt trial and if proved was good as direct evidence, as all ence wa If the me tial. was proved they must find her guilty. circumstantial evidence In closing Judge Cook counseled them that the enforcement of law 'was the safeguard of society. That they had a duty to perform both to the defendant and to the public. He asked them not to be swayed by sentiment, but to be faithful and just. When the jury retired to deliberate Mrs. Botkin went from the courtroom to the office of Sheriff Whelan. She wag accompanied by her relatives and seemed unconcerned over her fate. She made herself comfortable near the fire and after a discussion of the events of the day asked for some coffee and to: While she was disposing of this her sisters went to a nearby restaurant for dinner. Long before 7:30 they were ready to return to the court room. -The crowd gathered slowly. Apparently few knew the case had gone to the jucy. 4 M otkin was by far the most un- concerned member of her little party. She chatted gayly with Brother-in-Law Robarts, and together they discussed the contents of the evening napers. She did not shield her face with the heavy black veil that in the past had con- cealed the play of her features. The harsh light from the huge chandelier suspended above her head brought all the lines of her heavy face out in strong relief. The lines about the mouth have been accentuated from the ordeal through which she has gone, and in truth she has passed her youth, as she told her husband when she declined to divorce him. The wait semed to hang more heavily on her sisters than on herself. They sat somewhat apart from her and gazed in open-mouthed wonder at this remark- able woman who gives no facial hints that she is of their flesh and bload. The . - Exquisite Elite Limoges French China Decorated in sprays of Pink Roses and Forget-me-nots, with pale green border and gold edge. Romeo shape Fruit Plates. Salad and Relisn Dishes. Tea, Chocolate and Moustache Cups. Chocolate Pots, and everything that’s g-aceful Attractive prices breat American mporg Tea Co, 661 Market, o). Pewell 703 Larkin St. 40 Sixth St, 1419 Polk St. 18 Third ~t, 1819 Dovisadero St. 06 kearny St. 2008 Filimore St. 148 Nintn St. 521 Mant‘omory Av, 2510 Mission St. 1100 Kentucky " St. 8006 Sixteenth St. 3285 Mission St. 8585 tiayes St. 52 Market St. OAKLAND STORES: sofiawnhinnonm. 131 San Pablo Ave. 17 Broadway. 616 E Twelfth St. - 0 Seventh St. ALAMEDA—1355 Park St. . BAN RAFAEL—B St., near Fourth, Write for Catalogues presump- | noises of the courtroom -seemed to dis- concert them, but they had no effect on | her nerves. Later on the sisters put their heads together and .carried on | an animated talk with the Rev. Mr. | McClure, husband of one of the Brown | sisters. A The closing argument for the people by District Attorney Hosmer was a brilliant effort. - This was not from a rhetorical or an oratorical point of view, but for its masterful analysis of the testimony presented in this case. It was cruel, pitiless, in the scattering | to the four winds the defense presented | by Mrs. Botkin. It was all such cold, | hard reasoning that there was no.es- caping the conclusions arrived at by | this master analyist. admitted to have been written to Gov- ernor Budd by Mrs. Botkin requesting the appointment as a nurse in the | army. Mr. Knight thundered away at this and explained to the jury that | client could not possibly have written two | it with Jack Dunning in her mind. as| if she secured the appointment the one of innocence, the other only place Governor Budd could send | her to would be Manila. This all It was the sounded very good and reasonable until | | Mr. Hosmer dissected it. . He found it dated early in April of this year. soon -after Dunning had left this city. then pointed out that the gallant Dewey had not made Manila a .place open to Americans until May 1st. All | Knight's eloquence could not contro- vert that cold. fact. He told some wholesome truths re- garding the bad taste displayed by the 1'def=‘nse in the intimidation of wit- nesses. This he claimed was not: for the purpose of contradicting the wit- nesses but to hold them up to -scorn and ridicule. It showed the des- 1 that such -perate straits to which the defense| come unless was put, especially -as. they were| | unable to show worthy of belief. dramatic words any Witnessess un- His slow, measured had their effect on the followers of Mrs. Botkin. When of the two women | he laid bare her life in this city, away | arsenical pois- ' determined be- He spoke of her life with Dunning as | from her husband, he talked plainly. (degraded, dissipated, licentious. with ladies. He held the attention of his auditers from the start, as he had a thrilling story of crime to tell them. He questioned the good. taste of the > doubt existed it was attorneys for Mrs. Botkin in coming be- | They must not fore the jury and pleading that they| were serving without hope of compen- but must have more convine- | sation. They could not urge that as n" defense for their client. He asked that they try her as a man, without fear, favor or affection. He then described note and dainty handkerchief. | He likened the person who sent .the | potsoned candy to a snake, but sald the latter gave warning when ‘it was about to strike. He said he expected more or less circumstan- | to prove the poisoning to have been | done to gratify the lust of a designing | woman. She stole the livery of heaven to serve the devil. She took this moth- L er out of this life not for hatred but to satisfy a lust that could not other- wise be satisfied: He said witnesses on the stand were entitled ‘to as much consideration as | they were accorded upon the street. They should be free from insult and intimidation which was never used to | effect any good or wholesome ends.. In- tsult and innuendo do not prove that a man uttered a falsehood on the stand. He cited questions asked witnesses that were intended to give a wrong impres- sion to the jury, and went down the list of witnesses that Knight had baited upon the stand. These included the | majority of the witfiesses for the prose- | eution. | He traced the probable development | ¢t the plot to kill this. woman and | shcwed how a little at a time would be | accomplished. That the person who | pignned so frightful a crime would have mahy struggles with her conscience, that at times must have been over- : whelming. For the motive he traced the rela- tions existing between Mrs. Botkin and Dunning from the first day they met in ‘Golden Gate Park. From her testimony she made Dunning appear to be a waif, neglected by the world and taken under her wing for protection. She told all the good she had done, but hesitated at the evil. When she told of the bracers | of whisky we get a glimpse of the char- acter of a woman who is not virtuous. Dunning told of their life and showed that it was one of degradation, dissipa- tion, licentiousness; a story of the race | track, back doors of saloons and every- thing that would make up total de- pravity. The only conclusion we can draw from 2ll her testimony is that she was not acting the good Samaritan. but was actuated by a maad infatuation for this man. Why should she be giving out the | money she received frem Botkin unless | she wag infatuated with Dunning. Dunning tells us all these things which tend to show her feelings toward him, and Mrs. Simpson told of her breaking down at Oakland when she finally said good-by to this man. Her statements to Mrs. Ruoff and | Miss Livernash later on show what her sentiments were toward this man. | Dunning hds made no secret of the life | they led while in this city.. When he | returned from the war he found his wife dead, and when the cover of the box and other documents were I#id be- fore him they toid with unerring ac- curacy the identity of the sender. Mr. Hosmer asked, “Do you suppose | Dunning -would come "across the con- tinent and would open his lips and lay bare his past life as he has done if he did not consider her guilty? Remember the obligations he was under to Mrs. Botkin, and you can appreciate the fact | that under no other conditions would he tell. than -those in which he found | himself. He knew that she was the, actor in this diabolical plot. . “Mrs. Botkin was willing that her husband should have the pleasures of life, but was not willing to grant him a divorce. This is reasonable because she wants the support which he has ac- corded her. Both of them are aduiter- | .| ers and both are so knowingly. . She comes.on the stand and telis you that she has been a good and dutiful wife, but she has imposed on you in this respect.” Mr. Hosmer sald that the anonymous letters tell of all. their relations and { Who would know of them but this wo- Take the letter | his | He | man. - In the June 18 letter, which was mailed here when Mrs. Botkin was in Eureka, shé uses such statements “as financial difficulties,” “race track speculation,” “both given to drink,” “forfeited all rights to yau,” ‘has left the city and Is divorced from her hus- band.” = These are all facts only within the knowledge of Mrs. Botkin. This is particularly so of the expression re- garding the divorce, as she told Dun- ning that her husband had secured a divorce from her in San Joaguin Coun- ty and that Dunning was the co-re- spondent. According to her own testi- mony Botkin led her to believe she was free, and who else ever knew this. -Mr. Hosmer said it was possible that the letter postmarked this city when Mrs. Botkin was.in Eureka could have been sent here under cover to be re- mailed. At this Mrs. Botkin and her | counsel laughed heartily. Mr. Knight broke in with: “Do you claim it was sent under cover? It was not proven.” He then objected to Mr. Hosmer using any such illustration be- fore the jury. = 5 At the opening of the afternoon session both Knight and McGowan | were- late. The latter appeared some seven minutes after 2, but it was an | hour later when Mrs. Botkin's senior counsel put in an appearance. Mr. Hosmer took up his analysis of the annoymous letters. He showed that in another of Mrs. Botkin's letters the date and the .post mark did not agree. This was the letter of July bears the postmark of July 9. He quoted the “quiet Bohemian life.” a sentence Mrs. Ruoff said Mrs. Botkin| often used. % 10, and ! Mr. Hosmer claimed that the motive | for the crime was that her relation with Dunning bé changed from that of | mistress to one of wife. She sees him |in a new light other than that of open | licentiousness in this city. He had gained fame as a war correspondent, and she warted to share—to go and be | his consort in'New York. She would | even remove Mrs. Dunning from the | faee of the earth, and by her death get ‘her husband. : | The plan to incite her to divorce had | | failed, and now she. wanted to wipe | | wife and child out of cxistence. There | | was the motive for the act, and that| was what prompted the action that ter- | | minated-so fatefully. | | He spoke of the gravity of the offense that caused the death of those women, that it was cowardly and premeditated. | | He said the gallows was the proper | | end for such a person and asked the jurors to do thejr duty ‘to themselves | and to the community in which ‘they lived. ’ Judge Cook will pronounce sentence upon- the condemned woman next Sat- | urday. | Now that Mrs. Botkin has suffered a | conviction at the hands of. the jury that tried her, the petition of W. L. Har- per, recently filed to determine the ju- ‘rlsdk'llon of the Superior Court to fry {'the accused, will, according to Attor- | ney Louis Boardman, who represented Harper, be taken up and the jurisdic- | tion of the court finally determined. This being the case a formal appeal from the judgment of the Superior | Court will not reach. the Supreme Court | until after the matter of jurisdiction | | has been determined, and if it is found | that the trial court had no jurisdiction | the efforts of the people to punish the | condemned murderess will have gone | for naught. | BIGGY HAS CUT ELECTION EXPENSES COMPARISON OF COST OF THE OFFICE FOR TWO YEARS. Systematic Shaving of Items Which | Leaves a Surplus in the Registrar’s Hands, Registrar Biggy has just issued a state- ment showing the expenses of his office | since the beginning of the last fiscal year, with an estimate -of expenses until its close, oh June 30, 188). He also makes a comparison of the expenses incurred by him and those of his predecessor, William | M. Hinton. According to the statement | the office ¢can be run much cheaper than | Hinton succeeded ‘in running it. 2 Hinton's office expenses [or 1896-97 were | 6600, the amount fixed by law. The ex-| | penses of the. Presidential election, heid | | November 3, 1896, were $195,556 78 the $6600 for office expen: a total is| found of $202,156 78 for the year. | Biggy has shaved this down ‘apprecia- | | bly. His office expen: ike those of Mr. | Hinton, will be $6600, and he was granted an appropriation of $149,500 for the general’| election held November 8. Instead of run- | nirg over the am‘r()Eriatlnn, a8 has fre. quently been done, he got through the ! election on_$146 613 93, leaving a balapce | of $2886 07. . With his office expenses added | to those of the election the ‘total exptnse | | of running the office for the year will be $153.213 93, against $202,156 78 for onz year of Hinton's administration. The figures of .the Freeholders' election during Hinton’s term, compared with those of the charter ' election in Biggy's, also make an interesting comparison. It cost Hinton $15,151 91 for the freeholders’ elec- tion on December 27, 1897," while ae char- ter election on May 25, 1808, was engi- neered hy Biggy for $12,181 66. The differ- ence is chiefly in minor item: —_——————— SAVED FROM DECAPITATION. Three Men Rescue Arthur Simmons | From a Fearful Fate in an Elevator. Had it not been for the presence of | mind of Manager- Gibson of the Grant | Pharmacy in the Parrott building and | Messrs, Pearce-and Simms, Arthur Sim- | mons, a boy of 14, would have been de- capitated by the elevator. At noon the boy, who is employed in the pharmacy, was given the afternoon off and started for the elevator. He found the door open | and stepped in. Not finding the elevator boy he waited for him to appear, and just then the elevator began to descend | slowly: After it had gone four or fi feet he became frightened and attempt to get out. The top of the cage caught him in the back and he called for help. Gibson and. Pearce ran to his assistance and caught hold ‘of the elevator, thus holding its weight off and preventing it from crushing him: Dr. Simms heard the cries and came out with a scantling, | which he used ds a lever, and held the clevator up until the power could be re- versed. The boy had in the meantime worked himself out -with' the exception ‘of his head, and the use of the scantling saved | him from decapitation. He was removed to the residence of his uncle, W. B. Sim- | |'mons, and it was found that his collar- bone 'was dislocated and his kneecap in- jured. The-full extent of his injurles has nat yet been ascertained, but he is rest- ing éasily. He will be confined to his bed for six weeks. It is.not thought that he has sustained internal injuries. ————— ORPHEUM EMPLOYESDISMISSED Ed Lewis and Moses Engle Caug’ht:l Defrauding the House. Ed Lewls, the ticket-seller, and Moses | Engle, the door-keeper, of the Orpheum, were discharged yesterday for dishonest practices in the manipulation of their of- | fices. Both combined to secure a little extra money on the side. | The way in which they operated their scheme, it is said, is as follows: In the sale of matinee tickets coupons were used and they were torn from a roll which ran from -No. 1 to 100,000. As these tickets were sold In advance of the show to avold the rush in the box-office, the only accounting that was made was taken from the tickets deposited in the box at thie door. Lewis would hold out a number of tickets cut off some weeks previous sell them, and Engle, on their presenta- tign at the door, woufd hold them out. Their practices were discovered at the ‘Wednesday matinee, when Paul. Butler, the special policeman of, the Orpheum, discovered Engle secreting some of the old tickets in his pockets. The two em- ployes were promptly discharged. . To Cure a Cold in One Day Take Laxative Bromo Qu druggists refund the mone; . The genuine has L. dding | Tablets. Al 1f 1t falls to cure. Q. on each tablet. | | of them. This nettled Willard, although | was fast growing faint, and his assail- THREE MEN KILLED. N AN AFFRAY Tragedy Follows Fire in Oregon Town. BATTLE WITH A DESPERADO FATALLY WOUNDS TWO OFFI- CERS BEFORE BEING SLAIN. The Doings of a Bad Man From Texas Causes the Bloodiest Tragedy in the‘History of Clatsop County. Special Dispatch to The Call. PORTLAND, Dec. 30.—The burning of the Fulton cottage at Seaside last Wednesday morning culminated this afternoon in the bloodiest tragedy in the history of Clatsop County, as a result of which three men are cold in death and one other is badly wounded. The dead are: SHERIFF J. W. WILLIAMS. ! DEPUTY SHERIFF JAMES LA- MERS. % CHARLES WILLARD. Deputy Sheriff A. E. Miller was shot in the leg. It was considered certain by every one that the burning of the cottage was for the purpose of con- cealing a robbery, and a suspicion pointed to Charles Willard as the guilty person, particularly as he was seen a short time after the fire coming from the locality -with a wheelbarrew load of goods. Acting on the suspicion Sheriff Will- iams this morning secured a search warrant and, in company with Senator C. W. Fulton and others, went to Sea- side to search Willard’'s premises and also all the cottages of which he has charge ' during the winter season. About 3 o'clock this afternoon Willlams Fulton and Deputies A. E. Miller and James Lamers, ‘the two latter being residents of Seaside, went to the cot- tage of Mrs. Susie Lewiston, where Willard was living. to search it. .Their rap at the door was answered by Willard, who on learning what was wanted, agreed to permit a search of all the houses. On pretense of being| on the lookout for a beach thief he picked up his rifle and said he would accompany them. They left the house and searched the Carlson cottage, and then Fulton asked Willard to walk back to the Lewiston cottage. It was on mearing the cottage the sccond time that the tragedy occurred. Senator Fulton had identified some | shotgun cartridges in the house as be- | longing to him, and began questioning Willard as to where he got possession he answered that a friend had given them to him, and he began to get ugly. Fulton and -Miller went inside the cottage, leaving Willard, Sheriff- Wil- liams and Lamers. standing outside. They had just proceeded to the rear room when' two shots were heard in quick succegsion, and on running to the door Sheriff Williams was seen to throw up his hands and' fall backward over the bank. % In front of the house were Willard and Lawmers, in a desperate hand-to- hand struggle, .although the latter had been shot thromgh the right groin and ant was fighting with the desperation of a demon. Fulton sprang at Willard's head, and pulling him to the ground jumped on his face. Miller wrenched the rifle from his hand, threw it on the ground and taking out his revolver beat the desperado on the head. Senator Fulton - in the meantime picked up the rifle and told Willard to remain uiet or he would:kill her. The latter, however, watched his opportun- ity, and jumping to his feet started to run away, when Fulton fired, missing him the first time, but striking him in the face the second time and carrying away the greater part of his mouth and nose. S Willard fell apparently dead and Ful- ton started-to obtain help to care for the injured men, leaving Miller on guard with the rifle in hand. Miller stepped back to aid Lamers, who was lying on the ground desperately wound- ed, when Willard was noticed to be fumbling with his belt. Quicker than a flash he drew a revolver and fired three bullets, the first one hitting Miller in the left leg just below tHe hip. Mil- ler returned the fire with ‘the rifle. the first bullet inflicting a flesh wound in ‘Willard's shoulder and the second hit- ting him in the left side near the groin. killing him instantly. 8 By this time. help had arrived, but Williams and Lamers were bevond all aid and soon Ated. A Coroner’s Jury was summoned, and after hearing the testimony, rendered -a verdict in ac- cordance with the facts. The bodies of the three dead men were placed on board the train and brought to this city, those of Sheriff Williams and Deputy Lamers in cas- kets and that of the desperado wrap- ped in an old sail. . Just how the shooting of Sheriff Will- iams and Deputy Lamers occurred will never be known, as there are no living witnesses now, but it is evident that they were taken unawares and were killed with bullets from a revolver, as six chambers of Willard's revolver were e mpty. i | Sheriff Williams was one of the most | popular men’'in the city. He was about | 40 vears of age, a nativeé of Kentucky and had been a resident of Astoria for about ten years. . James Lamers was also an unmarried man. about 35 years of age. He was a carpenter, living at Seaside, and was deputized by Mr. Williams to aid him to-day. Sae Of Charles Willard, the man who caused the trouble, very little is known. He came to Seaside from Texas about seven years ago and had always been considered a dangerous character. - 1t was his habit to carry a rifle and two revolvers with him night and day, and he often remarked that he would never be taken alive. He lived by himself in a tent in Grimes Grove and earned a livelthood by looking out. for certain cottages during the winter. It has been a notable fact for years that near- 1y every residence not left in his charge was either robbed or defaced in some way. MOUNTED SWORD CONTEST. Louis Tronchet of the Olympic Club Will Meet Ivan de Malchin, the Invader. * Last night at the Olympic Club Louls Tronchet, the celebrated fencing master; M:. Kennedy and Ivan de Malchin, tne'! champion, mounted swordsman of the world, nccnhxlnpanled by his backer and manager, Major R. Scott Granger ha slered actisies of crment: for s | mounted sword contest of twenty-nine af tacks. The contest will be for the cnam- pion: of the world, and th {was cabled to Manila at an expense of ‘| blamed him for ietunz him .into trouble. shi) and dn.Pe will be decided upon next week. The referee and judges will be selected @ week before the contest takes place, HOME RULE 1S PROMISED FILIPINOS Costly Proclamation Is Cabled. THE MILITARY OCCUPATION | IT IS SHOWN NdT TO BE FOR| WAR, BUT PROTECTION. conduct in the matter before the Bar Assoclation, and Wilson told him to do as he pleased. Meantime Blackman is a free man, and his sureties are not worth troubling about. It is said that William Ken one of the sureties, was promised $25 for going on the bond, and when he went to the saloon where Blackman and his friends had agreed to meet him for his money he was kicked out. e BASEBALL NOTES. Santa Cruz and Seattle Will Cross Bats in Their First Champion- ship Game. The Santa Cruz and Seattle clubs will play their first game to-day for the Pa- cific Coast championship series at Recre- ation Park. dition and will put up an interesting game. As the Santa Cruz Club is anxious to make the tour of the Pacific Northwest with Seattle it will make every possible effort to lead in the series. Mr. Doyle, the president of the Seattle Club, will take the California club having the highest percentage in the series with him when he makes his tour, in contem- i]llarlon of which Santa Cruz will have their strongest front in the field in this | game. Major General, Otis Sends News of the Attitude of Aguinaldo’s Crowd " That Causes Uneasiness At Washington. Special Dispatch to The Call. NEW YORK;, Dec. 30.—The Washing- | | ton correspondent of the Herald tele- | graphs: President McKinley's procia- | mation setting forth the conditions un- | der which the United States takes pos- | session of the Philippines has been| cabled to General Otis for promulga- tion. This was done several days ago and | it is assumed -that General Otis has | | already published it and taken steps to give it the widest possible circulation | throughout the islands. The proclama- | tion is about 2000 words in length and $1900. It is modeled on the one issued by General Shafter at Santiago when this Government took possession of that city and province, but has been much | amplified. Home rule under the supreme direc- tion of the United States is by the terms of the proclamation to be given the Filipinos in the fullest sense. It promises that they will be accorded advice in local government and that the Filipinos shall be eligible to official positions. They will be given a falr judiclary, freedom of speech and of | press. The proclamation shows that military occupation of the islands is not for the purpose of making war on the inhabi: tants nor upen any party or faction among them, but to protect them in their homes in their employments and in their personal and religious rights. The manner of treatment of property and the collection and administration of revenues, in -accordance with the open-door policy set forth in the treaty, are fully and plainly stated. ‘While the rule and conduct of the Anierican officers will be in the line just indicated, the proclamation also shows that it is the purpose of the United States to adopt radical meas- ures if unfortunately the course of the people should render such measures in- dispensable to the maintenance of law and order. The instructions accom- | panying the proclamation require Gen- | eral Otis to take immediate steps to secure the disarmament of insurgents in order that peace may be established | and continued in the islands. | Disquieting advices were received to- day from Major General Otis respecting the attitude of Aguinaldo and his in- surgent forces in the Philippines. General Otis has not yet been in- formed of the resuit of the instructions transmitted by him to the army ex- pedition sent to Iloilo which requires it to occupy that city notwithstanding its surrender to the .insurgents. . His cable- gram to-day, which was read by Sec- retary Alger at the Cabinet meeting, stated he was awaiting advices and as soon as they were received they would | be immediately sent toe Washington. | He then went on to describe the atti- | tude of the insurgents in Luzon and the information he gave was not encourag- | ing to the officials. The officials are disinclined to make public General Otis’ dispatch for the reason that they fear it will give rise to apprehension concerning the situa- tion in the Philippines when they feel confident that the military and naval arms of the Government are able to bring the insurgents to terms. STATEMENT OF THE FILIPING JUNTA HONGKONG, Dec. 30.—The Filipino junta has replied to the.report of Com- missioner Harden, who was sent to the Philippines by the Government of the United States to report on the condi- tions there prevailing. The junta asked the Associated Press to publish the fol- lowing as revealing “‘the true situation and sentimeént” in the Philippines: ‘We deny that Aguinaldo will' be satis- fied if made a major general in the com- mand of five native regiments and that if this is done the national army could be disarmed and disbanded. We repeat our appedl for an impartial inquiry by an able .commissioner and im- plore the American people to refrain from a hasty decision. The Filipino Government views with alarm Commissioher Harden’s proposal to impose iu America a high protective tarift ainst Philippine products. G | “fioilo. surrendered to the national army, which is the completion of the occupation of the Island of Panay. There is no truth in the reported establishment of an oppo- sition republic in the Visayds. All the officials in the Visayas hold Aguinaldo | commissions. The Filipinos are yearning for a peace- ful settlement of all questions. To their brothers across the sea the Filipinos send greeting and earnest prayer that with the new year will come the dawn of -a new era of peace, prosperity and good fellow- ship with the free and heneflcent people | of the United States. Though but an in- | fant among nations yet we are strong, if | assured of the good will of the great American’ nation. INSURGENTS AT ILOILO INCLINED TO SURRENDER MANILA, Dec. 30.—The- British cruiser Buena Ventura has gone to Iloilo to protect British interests there. | The Spanish steamer Romalus, which | has just arrived here, confirms the re- | port that the Insurgents at Tloilo are in« clined to surfender that town to the | Americans if satisfied as to the form of | g:vernment which will be "accorded them. THE LIE WAS PASSED. Trouble Betweeri Justice of the Peace | Barry and Attorney Wilson Over Blackman’s Bond. The utterly worthless bond accepted by Justice of the Peace Barry for the release | of the disgraced policeman, Cassius Blackman, who has fled, will probably lead to some interesting developments. Captain Seymour is still determined | to take the matter before the next == - - Grand Jury, and yesterday Judge Barry and Attorney R, N R Wilson, who represented = Blackman | had a conference with him. Barry | acoused Wilson of misrepresenting things to him when accepting the bond, and Wilson denied the charge, and the lie direct was passed between them. Barry intimated that he would bring Wilson's | exciting chas | notwithstanding | not yvet bee: | about to leave for Sacramento to attend | District. both teams Seattle. ..Andrews Shortstop eft field nter fi Ight fleld. —————— FEMALE PICKPOCKETS. Dene Smith and Kittie Fitzgibbon, two of the most notorious female pickpockets in the country, were arrested last night by Policeman Regan and charged with vagrancy. They were in the act of rob- bing a front of the Palace Hotel when recognized by the officer, and ed them under arrest. The Smith n has a charge of grand larceny ng against her in Judge Conlan's holding up a bucolic stranger on Stockton street and robbing him of $65. She was caught by Police Officer Fennel, after an at the City Prison. For some reason no effort has been made to prosecute the case against her. Captain Spillane is determined to prose- cute the women on the vagrancy charge, their boast that they have a “pull” with the Polive Judges. | WANTS TO VOTE FOR SENATOR. ‘When the case of Assemblyman-elect Charles F. Kennealy, charged with man- slaughter in causing the death of the old man, Willlam Quane, at Third and Brannan str Thursday, was called in Judge Mogan's court yesterday morning Attorney Ach, for the defendant, asked for a postponement. “The Coroner’s inquest.’’ he salid, “has n held, and the defendant is the opening of the State Legislature as Assemblyman from the Twenty-ninth tor will be taken there about the middle of January, and the defendant does want to be deprived of his vote. I would therefore ask that the case be continued till January 23." After some discussion the request of the | defendant’s attorn was grai d, and the defendant, who is out on his own re- cognizances, promised that he would be | in court when the case was called. —_————— Oliver Morosco a Manager. ONver Morosco has the managerial bee in his bonnet and on Monday evening next will commence a nine weeks’ tour of State at the Clunie Opera-house, Sac- ramento. He has engaged James M. Bro- phy and the entire Grand Opera-house stock company, comprising Lander Stev- ens, Fred J. Butler, Max von Metzel, Maurice Stewart, Bert Mor- | rison, George Nichols, Herbert Hin- ning, Lorena Atwood, Fanny Gil- lette, Madge Daley, Esther Jennings, | and Julia Blanc. His repertoire will con sist of ‘““Trilby,” ‘“Held by the Enemy “The Commodore” “Pink Dominos, “Passion’s Slaves,’ he Cherry Pickers” and “My Partner.’ Mr. Morosco ‘has been very fortunate in his bookings and he_certainly deserves to succeed, for he | has provided for the people of the towns he is to visit a thoroughly sterling enter- tainment which has in every respect a claim on liberal patronage. e Medals for Firemen. The intention to present the two Scan- nell medals and the Merchants' Associa- tion medal to firemen, for bravery, on January 1 has been abandoned, as the Mechanics’ Pavilion could not be secured for the occasion, and, besides, the Mer- chants’ Association medal is not vet ready. It has now been definitely decided to make the presentations on February 22, Wash- ington’s Birthday, and if the Mechanics’ Pavilion cannot be secured for that day some other hall will be utilizéd. Both clubs are in good con- | The following will be the make-up of‘ eral weeks ago she was arrested for | . and was formally-charged | A vote for United States Sena- | not | THIS RABBI ) DEFENDER OF POLYGA Schulman on the Case of Roberts. |PRACTICES OF EARLY JEWS NOTHING TO FORBID PLURAL | “ MARRIAGES. | | “Abraham, Isaac and Jacob Are in Heaven,” Says the Rabbi, “and Did Jesus Say Anything Against Polygamyr” Special Dispatch to The Call ANSAS CIn £, Mo., Dec. 30.—In dis- 1g the election of B. H. Roberts of Utah, confessed polygamist, to the National House of Representatives, | Rabbi Schulman, pastor of the Church of B'Nai Jehudah, and pastor-elect of the Temple Bethel, New York, practi- cally defended the institution of po- lygamy. |~ “Roberts cites the polygamy of the | patriarchs in justification of the prac- | tice to-day,” said an interviewer to the | rabbi. “How does the Jewish church reply to that?” “Isn’t Abraham in heaven, and Isaac and Jacob?” retorted the rabbi. “We | don’t need to answer that. The Chris- tian preachers may take up the gaunt- let. What Congressman Roberts says about the early Jews does not. worry me. I have assuranceg that they are | all right, and my Bible is clear to me. ‘What will the Christians say In reply | to him is the question. Did Jesus say | anything against polygamy? No, he did not. Let them explain on what pre- cepts of their testament they claim the practice unholy and unrighteous. “Polygamy is very expensive. It eould be indulged in by men who owned vast herds and occupied extensive do- mains over which they ruled. As popu- | lation increased and wealth . became divided and the system of government changed it was naturally abandoned. People who could afford it do not care to return to such an expensive mode ot living and one that grew out of con- ditions so utterly anachronistic. I do not care to go into the discussion further here. Let the Christians talk | a while fi 2. A BELLE LEADS | THE MERRY DANCE Brilliant New Year Cotillon of the Popular Friday Fortnightly. The happy, merry spirit of the holidays lent itself to the regular meeting of the Friday Fortnightlys,and the dance of this popular and fashionable club last evenin, wak quite the mdst briillant gathering o | the season. | <In honor of the holidays the hours of the dance were prolonged beyond mid- | night, and Lun Hall put on a dress of holly and berries. Extra invitations were the ha | also issued, anc was crowded to | its utmost capacity. Mis ruh Collier led, with Percy King for her partner, and_the first set was made up of belles celebrated for their gracé and beauty Miss lier introduced several new f sting in the first set were Miss Crittenden, Miss Louise Bland- ¢ Bell Gwin, Miss Frances ss Kate Salisbury, Miss Mari ret Salisbury, Miss Lillian Follis, s | Alma_McClung, Miss Marguerite Collier, | Miss Merriam, Miss Frances Moore and Miss Alice Moffitt. | ~ Mrs. Monroe Salisbury and Mrs. Gordon Blanding, the patronesses of the club, re- ceived the many guests. HAY WILL DISAPPROVE HAWAIIAN CABLE CONCESSION. the following: Secretary Hay the Scrymser concession N granting exclusive rights to EW YORK, Dec. 30.—The Herald’'s Washington correspondent sends has practically decided to disapprove land cables in Hawali. for twenty years to the Pacific Cable Company of New York. Secretary Hay stated to his colleagues in the Cabinet meeting to-day that the Hawaiian commissioners had sent him a formal letter declaring that ‘in their opinion the control of the Hawaiian cable should remain in the hands of the United States, even if not built by it, as the commission would recommend, and that no private company should have a monopoly in the matter. Practically the entire Cabinet coincided in this view and when the sub- ject ‘was dropped it was with the understanding that Secretary Hay would disapprove of the concession. Two corporations are striving for permission to construct a cable be- tween San Francisco, Guam, Wake Island and the Philippines. One is the Pacific Cable Company of New York, the other the Pacific Cable Company of New Jersey. The first owns the Serymser concession. Mr. Scrymser, seeing that annexation was inevitable, went to Hawail last spring and procured from the Legislature a concession granting him exclusive rights for twenty vears, provided the Secretary of State of the United States did not disapprove within six months from the date of the concession., These six months are up on January 2. ADVERTISEMENTS. « am diz order. self.” My pains. 110 North Main street. | B | “My Back Hurts.” power to act. months ago. Electric Belt, as he was broken down vitality was draining away. came from weakness. To-day he is well and strong, dailyAuse of Electricity restored his energies and removed the cause of his Call and see it, or write for my free bock about it. from hundreds of happy men whom I have cured. DR. A. T. SANDEN, _10! Market Stroet, Corner Kearny, Ban Francisco. Office hours, § a. m. to § p. m.; Sundays, 10 to 1. Branches at Los Angeles, Cal., 232 WWest Dr. Sanden’s Electric Belt | md street: ngl?nn. R ashington - ¢ is mever ol in drux stores | 3 nver, - Colo., eenth street; nor by travell; 55 poly | Dallas, Tex., 25 Main atiour otfies T Sp fo| street; Butté, Mont., {1— have pains in my kidneys, 1 zy, shaky and uncertain of my My stomach is out of 1 am a wreck of my former So wrote a man to me six I advised him to use my His His pains he loss of manly energy. -E-E-E-E-EeS-E-m-e-. Belt Cured Him. The It will do the same for you. l can give you letters ‘. NOT 1N DRUS STORES. | * e p-m-NEew ow oWy