The San Francisco Call. Newspaper, January 6, 1899, Page 4

-4 THE SAN FRANCISCO CALL, FRIDAY, JANUARY 6, 1899. DUEL TO THE A DGEATH T NAPA Jesse Walters Shot and Dangerously Wounded by Al Cook. Returns the Fire and Sends a Bullet Through the Brain of His Assailant. NAPA, Jan. 5—A duel to the death| ed this forenoon in the McKen- | y stables on the corner of Main | and Third streets. As a result Jesse lters of ‘Oakville is confined to his m in the Napa Hotel with a seriou bullet weund in his knee, and the life- | less bod¥ of Al Cook, alias Doorman, lies in the Morgue awaiting Coroner | Kys | Ex-Shieriff McKenzie saw about as | much of the affray as any one, and his | story. is'to the effect that he employed the man who was and who gave | his name as. Do t Saturday. | This forenoon Je ame into the stable and was discussing with L | Metcalf and himself (McKenzie) the | purchase of a harness, when Cook, or | Doorman, who had been braiding rope | in a stall near by, stepped out and the | bullets began to fly. McKenzie says | he thinks about five shots were fi " The reports of the weapons aroused the entire neighborhood. Walters was | séen ltmping out of the stable, rubbing one of his knees. With difficulty he got up the street as far as Hargraves' saloon, and from there was helped into a hack and driven to the Courthouse, where a doctor was summor let had struck him squarely on the knee, just below the kneecap, maki a painful and d gerous wound surrendered his volver, with t In the rear an inclos was found volver ha an eye, 18 him ng passed through the brain and kill A small re ver ill | Yiis hand. r ots had been fired from the weap The Cor- oner was summoned and conveyed the body r's undertaking rooms on Main stri The exact ca of the shooting is unknown, but it is known that a few | ve E: Cook kept bar for Walters | at Oakville, and that for some cause |leg and I fell forward. or other the men quarreled. The dead- ly encounter of to-day is supposed to have been the result of that old and long standing feud. Jesse Walters is a prominent citizen, being well known throughout Napa Valley. He has in the past served as a Constable in Yount Township, and acted as a Deputy Sheriff under Sheriff McKenzie. His doctors report that his wound is a serious one, but that he is doing as well as could be expected. Al Cook, the dead man, was an Eng- lishman, formerly employed in St. He- lena. He was quite well known there, though a comparative stranger in Napa. Mr. Walters was interviewed by The Call correspondent this afternoon., He said: “I was standing In front of Har. graves’ this forenoon when I saw George McKenzie cross the street and go into his livery stable. I wanted to see him, so I walked down there ana went back into the stable, where Mr. Metcalf and Mr. McKenzie were talk- ing. I joined them and was speaking of buying a harness or something, when some one commenced shooting at me. The others ran out, but at the second shot, I think, a bullet struck my Then I drew my pistol and commenced shooting at the fellow, who stood in the doorway of the box stall. I don’t know how many shots T fired. I then walked out and was taken to the Courthouse. If he's the fellow they say he is, 1 knew him a few years ago. I turned him off my place, and the last words he said to me at that time was that he'd met even with me if it cust him twenty | vears in San Quentin to accomplish it. 1 didn’t know he was in the stable when I went in there. I have always been a good citizen, have always paid my debts and believe that T am justified in what happened to-day.” Dr. Hennessey was seen to-day. He says that Walters’ wound Is a very bad one. It is liable to either stiffen the leg or necessitate amputation. Coroner Kyser will hold the inquest at the Courthouse to-morrow morning !at 10 o’clock. LAWS FOR ALASKA ARE CONSIDERED .Good Progress Made in the House. ONE SECTION STRICKEN OUT IT WAS CONSTRUED AN ATTACK | ON ORGANIZED LABOR. In the Senate Caffery of Louisiana Concludes His Speech in Opposi- tion to the Pending Nica- ragua Canal Bill. Specfal Dispatch to The Call. WASHINGTON, Jan. 5—The Judi- ciary Committee had the right of way in the House for three hours to-day and qu a number of bills of minor importance reported from the commit- tee were passed. The remainder of the day was occu- pied in continuing the consideration of the bill to codify the laws of Alaska. Some twenty-one pages were disposed of to-day, making eighty-three in all. A section In the bill, copled from the statutes of Oregon, providing punish- ment by fine and imprisonment of per- sons who prevent or endeavor to pre- vent employes from working, aroused a protracted debate on the ground that it was an attack on organized labor. It was finally stricken out. The following bills called up by the Judiciary Committee were passed: To provide additional Circuit Judges for the Third and Sixth Judicial distriets; to regulate the terms of court in the District of Butte, Mont.; to retire Cas- sius 8. Foster, United States District Judge of Kansas; to amend the Revised Statutes .so as to allow the United States five peremptory challenges in criminal cases; to permit ship owners to file indemnity bonds, and to allow legally appointed guardians of insane persons to prosecute patent claims. PEACE TREATY AND NICARAGUA CANAL WASHINGTON, Jan. 5.—Little busi- ness, except that of a routine character, was transacted by the Senate to-day. A resolution, offered by Hoar of Massa- chusetts, directing the Committee on Foreign Relations to report to the Sen- ate whether the treaty of Paris makes any provision for the claims of eitizens of the United States against Spain which were in existence before the present war, and the status of such claims after the ratification of the treaty, was adopted. Caffery of Louisiana continued and e practically concluded his speech be- gun before the holiday recess in oppo- ;{ll}on to the pending Nicaragua canal Violated the Game Laws. SANTA ROSA, Jan. 5.—Lawrence Mar- tinez, arrested for setting a net at the mouth of Russian River to catch steel- heads, was this afternoon held to answer in the Superior Court by Justice Brown. A few minutes later in the Superior Court he pleaded guilty and was sentenced to fifty days' imprisonment. MARTIN AND THE COUNCIL CLASH Strife Among San Jose Officials. MAYOR NAMES A TREASURER CITY TRUSTEES REFUSE TO CONFIRM HIS CHOICE. Despite Their Action Joseph F. Colom- bet Will Be Placed i Charge of the Office to Succeed the Late J. N. Ewing. Special Dispatch to The Call. SAN JOSE, Jan. 4—Mayor Martin and the Council, with the exception of Councilman Wright, lo.ked horns this afternoon over the appointment of a successor to City Treasurer J. N. Ew ing, who died suddenly last Monda Mayor Martin had retained a strict si- lence in regard to his choice. This afternoon he named ~ :ph F. Colom- bet for the place. This was a surprise, as the majority thought George Y. Bol- linger would be appointed. Councilman Wright moved that the| nomination be confirmed. There was no second. Mayor Martin then asked: “Isn’t Colombet qualified or honest enough?” The Mayor said it was absolutely necessary to open the otrice next Mon- day, as some $25,000 in bonds would fall due then, besides about $11,000 interest to be paid. Rogers suggested that Dep- uty Treasurer Cottle he made Treas- urer pro tem. A recess of five minutes was then taken. On reassembling Miner moved that the nomination of Colombet be not con- firmed. Spring, McCauley. Rogers and Miner voted aye, and Wright opposed the motion. Miner said that a Treas- urer could be elected, and proposed Rush McComas. Mayor Martin said he would appoint no one but Colombet and asked Miner: “Did the suggestion of McComas' name come from you yourself, or is it at somebody’s dictation?” McCauley suggested that Elmer Cot- tle be appointed. Mayor Martin would not heed these suggestions to appoint a temporary Treasurer. The opening of bids for lighting the City Hall, fire engine houses and clock tower demonstrated clearly that the new gas plant of the Electric Improve- ment Company has given the -city cheaper gas. The Light and Power Company offered to supply gas at $2 per 1000 cubic feet and electricity at 10 cents per 1000 watts. The new com- pany proposed to light the City Hall with gas for $1 69 per 1000 cubic feet. At present the city is paying $2 60 per 1000 feet, or nearly $1 per 1000 more than that offered by to-day’s bid. The Elec- tric Improvement Company also offered to light all engine houses and clock tower for $48 a month, against $66 a month now being paid. The matter was referred to the committee of the ‘whole. It is understood Mavor Martin will place Colombet in the treasury to-mor- row' morning without regard to the Council’s wish. In this case confirma- 4 tlon cannot come up til next meeting. GREEN “BEARD” ON ARMY BEEF Right But It Was All Underneath. COLONEL 0SGOOD EXPLAINS MEAT TREATED CHEMICALLY NOT GOVERNMENT PROPERTY. The Commissary of Subsistence Who Served With Miles Says the Ra- tions Issued During thes War Were Good. Speclal Dispatch to The Call WASHINGTON, Jan. 5.—Colonel Henry B. Osgood, commissary of sub- sistence, who served with General Miles at Tampa and at Camp Thomas and Santiago, was before the War Investi- lgulion Commission to-day. General Beaver asked many questions as to the quality of the rations issued during the | recent war. In briet, Colonel Osgood said the rations throughout the war were as good, if not better, than those | usually issued to the regular army. The beef, he said, was particularly good and better than any he had ever | eaten at an army post. It was the first | time, he explained, that he had ever | seen the refrigerated beef issued in the | army and it was far better than tne contract beef he had generally had au | various posts. He said he had had under him a ! butcher of twenty-two years' experi- | ence who cut and issued the beef and | this man was under strict orders nevex | to issue a pound of bad beef. The Gov- ernment, he said, had a very good con- | tract with Swift & Co., whereby they ! kept a supply of beef on hand in re- frigerator cars and ships. Bach day | witness called for what meat he wanted | and the contractors put it out on the block. They were responsible for it till the meat got to the troops, and if meat was bad when delivered it went back on the contractor. The contractor made | good whatever meat was rejected. Colonel Osgood explained that there | were many complaints as to the appear- ance of the meat. It had the green mold or “beard” on the surface, as had been explained by other witnesses. This was repulsive looking, the witness said, but the meat underneath was perfectly sound and was really prime beef, much better in fact than any beef killed on the spot. Witness corroborated the testimony of Major Duncan tiarrison that after the men appearance of the refrigerated beef haa had a short experience with meat on | the hoof they were glad to get back | Colonel Osgood | a board of | to the American meat. ed one instance where irvey of the Second United States | Volunteers had condemned a lot of beef and reported it rotten. The con- tragtor protested to Colonel Osgood that the refrigerator beef was brought a steak cut from one of the | condemned quarters. The steak was kept twenty-four hours longer off the |ice and then served to the members of | the board that had condemned it. They | did not know the antecedents of the | meat and pronounced it particularly | fine. General Beaver said: ‘Colonel Os- good, it has been alleged before this | commission, not in sworn testimony, {and not in a way, perhaps, to-demana any great attention, but still it has been stated that beef sent to Samtiago | was prepared in some way with chemi- | cals to preserve it. Can you tell us | anything on that head, or why any one i should use chemicals on meat when it was apparently so easy to preserve it in refrigerators “Yes, I can tell you a good deal about | that. The meat treated in that way | was not the property of the Govern- ment or any of our contractors. I was aboard the Comal one day and Colonel ‘Weston, chief commissary, showed me | four quarters of beef hanging in the sun which he said was ‘process beef.’ It was prepared at the request of an | inventor named Powell, who claimed that he had discovered a chemical pre- | paration that would keep meat in a | hot climate without ice. It was purely | a private experiment and was not is- | sued to the troops. I looked at it and it seemed to be perfectly good. There was no mold on it, as on the refrigera- tor beef, and it had no smell. I be- | lieve Colonel Weston tasted some of it. So far as I know he was the only offi- cer who tested it.” Witness did not say what Colonel Weston thought of the process beef. He continued: “I think Colonel Daly | saw this meat and probably the fact | that this beef was there gave the start | to all this talk of chemically prepared | beef. It was purely a private experi- ment and the Government had nothing | to do with it.” In connection with Colonel Osgood’s explanation of the “process” beef ex- periment, it can be stated that the in- rventor of the chemical preservative brought the matter to the attention of the War Department before the out- break of the war and offered to sell the formula and process to the Government. | It was considered by the commanding general, the Secretary of War and the commissary department, and the War Department declined. TORMENTED BY GRIP, HE ATTEMPTS SUICIDE Ex-Judge J. 8. Yoachiam of Watson- ville Sends a Bullet Through His Head. WATSONVILLE, Jan. 5. — Ex-Judge J. S. Yoachiam shot himself through the | head at 6:30 o’clock this morning. Though he is still alive there is no hope of his | recovery. He had been suffering for a few days with an attack of la grippe and, though the illness was not at all serious, this with recent disappointments is sup- posed to have been the cause of his at- tempt at sufcide. Judge Yoachiam was well and favorably known, being one of the ploneer business men of Watsonville. At one time he car- ried on an extensive grocery business under_the firm name of Yoachiam & Mi- ner. For the past vear ho has been pre- slding Judge of Watsonville and he vacat- ed the office of Justice of the Peace only a few days ago. He was very popular. He leaves a widow and four children. Aificriaiicl HURRIED OUT OF THE STATE. Alleged Georgia Absconder Taken Away on a Requisition. TULARE, Jan. 5.—Detective J. M. Hew- itt of Georgia went south last night with 8. Lafayette Almand, the absconder from Conyers, Georgia. Almand was placed under arrest here by City Marshal Car- lisle two weeks ago. Strenuous efforts were made by Almand’'s friends to have him relased on the ground of no warrant and illegal detention. When released he was again arrested and soon after taken to Stockton, where he was held until the officers obtained the proper requisition from Governor Budd. This obtained he was hurried south and was well on his wa¥l to Georgia before those interested in his release were aware of it. He is gald to have left Georgia with at least $27,000 wrongfuily obtained. No effort was spared to effect his capture. who disliked the | good and | NEW YORK, Jan. telegraphs: row. tion. However this may be {‘ is kno willing to accept the post. during the Harrison administration. one in one day and another later. ister to Italy unde delphia April 17, 1852. manufacturer. mission. signed a new treaty. PHILADELPHIA, Jan. 5.—Willlam Potter, who was United States Min- President Harrison's admi As special commissioner to represent the Postmaster General, with instructions to visit London, Paris and Berlin, Mr. Potter negotiated a more convenient system of sea postoflices. his appointment as delegate to the fourth congress of the Universal Postal Union in Vienna in 1891 with plenary powers, under which he arranged and TO BE EMBASSADOR TO ST. PETERSBURG Potter of Pennsylvania Is the Man Picked Out to Represent America. HON. WILLIAM POTTER. b5.—The Washington correspondent of the Herald Joseph H. Choate of New York to be Embassador to Great Britain. ‘William Potter of Pennsylvania to be Embassador to Russia. There seems to be no further doubt that President McKinley will send these nominations to the Senate within the next few days, possibly to-mor- Information which I obtained to-day makes it seem practically certain that the President has selected Mr. Potter for the Russian mission. it was said Secretary Hay had received instructions to prepare the nomina- In fact wn that Mr. Potter's name has been under consideration and it is understood in official circles that he is not un- Mr. Potter was formerly Minister to Italy, having been stationed at Rome His record during that period has been carefully examined by the President and Secretary Hay and both feel confi- dent he will satisfactorily fill the St. Petersburg post. So far as Mr. Choate iIs concerned some surprise was expressed to-day that his name did not go to the Senate, but it is supposed that the Presi- dent desires to submit the nominations at the same time rather than send tration, was born in Phila- His father was Thomas Potter, a millionaire oilcloth ‘William Potter was matriculated in the University of Penn- sylvania as a member of the class of '74, but owing to father was obliged to leave before graduation and finished his university studies in Europe and with private tutors. On his return to America he began the study of ythe law, but became a partner in his father's manufacturing corporation and until 1892, when he was appointed by the illness of his continued as such President Harrison to the Italian State Department and the This led to DISAPPOINTS SAN JOSE POLITICIANS New District Attorney Names Deputies. SOME ILL-FEELING CREATED GOOD GOVERNMENT LEAGUE'S CHOICES APPOINTED. Mr. Campbell Belects O. C. Coolidge and A. H. Jarman, Ignoring the Indorsement of His Party. Spectal Dispatch to The Call. SAN JOSE, Jan. 5.—The interest cen- tered In the appointment of deputies by District Attorney Campbell was re- lteved to-day and there are many dis- appointed politiclans, because C. C. Coolidge has been given the first deputyship and A. H. Jarman second place. There has been a great scramble for the two positions, with salaries of $1800 and $1200, at the disposal of this offi- cial. Campbell was the nominee of the Democrats, Populists and Good Gov- ernment League. The county commit- tees of all three parties indorsed dif- ferent men for the places and these in- dorsements, with the exception of that of the Good Government League, were ignored. The Democrats named J. W. Sullivan and the Populists F. B. Brown. Coolidge is a Democrat and Jarman a Republican. Both appointments are good ones, but the Democratic “push” is dissatisfied because Sullivan was not chosen. A bitter fight was made against the latter, because of his ‘‘gang” pro- clivities. In the election contest to-day Judges Hyland and Kittredge overruled the motion to throw out the Ninth Precinct and ordered it counted. The con- testant’s motion was based on the ground that the ballots were not prop- erly returned to the County Clerk. The election officers of the precinct were on the stand.. It is said an appeal from the decision will be taken to the Su- preme Court. The testimony showed the ballots had been returned in the ballot box because they would not go into a pouch and were carried into the Courthouse cellar by a deputy of the County Clerk. A recount of the pre- cinct developed no material change. To-morrow 300 ballots tied up for in- spection will be passed upon and then the gains can be determined. Heavy Fall of Snow. PORTLAND, Or., Jan. 5. — Snow fell over the entire Pacific Northwest last night and to-day. The depth varies from six inches in the valleys to several feet in the foothills and mountains. West of the Cascade mountains the weather has been below the freezing Eolnt, while east of the Cascades, in the higher altitudes, very cold weather has been experienced, At some points the thermometer reached 120 degrees below zero. LOST FOR DAYS IN THE STORM Redding Miner’s Thrill- ing Experience. WAS GIVEN UP AS DEAD | | | STAGGERS INTO THE CAMDEN TOLLHOUSE. William Goodall’s Long Exposure, ‘Without Food or Shelter, to the Fury of a Moun- tain Blizard. Special Dispatch to The Call. REDDING, Jan. 5.—After having been out in the great New. Year's snowstorm since Saturday night, Wil- liam Goodall appeared at the Camden tollhouse on Tuesday evening in a completely exhausted condition. Good- all was missing for so many hours that he had been given up for dead. He went out to locate some mining prop- erty and was caught in the storm. He lost his way and wandered aimlessly about for three days and two nights. He was without shelter and exposed to the fury of the storm. He had some food with him. At the tollhouse he was taken care of and sent to his home in Shasta. Goodall is one of the pio- neers of the county and about 65 years of age. Two miners started over the Clear Creek divide to Shasta for supplies. ‘When they reached the summit, one of them, a young man named Harkness, gave out and was unable to proceed. His partner left him and hurried on to Shasta for assistance. A search party on horseback found Harkness lying in the snow, his dog curled up on his al- most lifeless body. The exhausted man was taken to Shasta and conveyed to the County Hospital, where he died within two or three hours after his ar- rival. This is the only fatality so far that has come to light. Two miners came down from Delta Tuesday evening and are waiting to get back to their homes at Trinity Cen- ter. They crossed the mountains be- fore the storm, intending to return the way they came. The mountain trail over which they traveled is now buried in five or six feet of snow, and their friends at home have doubtless given them up for lost. The stage line run- ning into Trinity County was unable to connect with Weaverville for many days, though communication has since been re-established. Addresses to Farmers. NAPA, Jan. 5—The Farmers’' Tnstitute held interesting sessions to-day. Ad- dresses were delivered by Professor Jaffa on “Rational Feeding of Poultry”; Wil- llam Hunter on “Mammoth Prune’”; Pro- fesor Wickson on “Dairying,” and Pro. fessor Jaa on ‘“Milk Products.” Pre: dent J. 8. Taylor gave the closing ad- %E?v:r ,on “Grange Organization and . * | not the | |3 | in contempt and then habeas | proceedings would be under OHi0 SUPREME BENCH DEFIED Standard Oil Company Igneres an Order. WILL NOT PRODUCE BOOKS, i ATTORNEY SO DECLARES IN | OPEN COURT. State’s Highest Tribunal Is Set at| Naught, But Passes by the ; Incident Without Action. Speclal Dispatch to The Call. COLUMBUS, Ohio, Jan. 5.—As the re- sult of the developments in the Stand- | ard Oil case in the Supreme Court to. day, Attorney General Monett this | evening filed a petition to oust the: company from its charter in Ohio. COLUMBUS, Ohio, Jan. 5.—In the ar- | guments before the Supreme Court to day upon the motion of the Attorney General to dismiss the Master Cor missioner and continue the investiga- | tion of the Standard Oil Company ia | open court, Virgil Kline of Cleveland. | attorney for the oil company, “‘HS! forced to make some very positive statements and admissions. He de- clared, in the first place, in response | to interrogatories of the court that the | company would not, under the former | order of the court, produce any books | other than those already given in evi- dence. In the second place he admitted that there were still outstanding about | $27,000,000 worth of trust certificates of | the Standard Oil trust, which the| court ordered dissolved in 1892. but| which the president of the Standard | company has all along been trying to get in and is still trying. The court heard the arguments of both sides, but | took no action. Attorney General Monnett and At-| torney E. B. Kincaid appeared for the“ Atttorney General department, and Virgil P. Kline of Cleveland, Lawrence | T. Neal of Columbus and S. B. Elliott | of New York City for the Standard Oil | Company. Only the Attorney General | and Mr. Kline addressed the court. | Special Master Comn ioner Brins- maid of Cleveland, whose removal had been demanded in the petition of the | Attorney General, was not present, and v ¢ little was said about him, as| | the arguments were principally de- voted to the question as to whether or officers of the Standard Oil | Company had complied with the recent | | order of the court to produce the com- pany books, showing and distribution of dividen | trust was ordered dissolved 3 { torney General Monnett argued that| the company produced no pooks in evi- | dence except stock books: that dila-! tory tactics had been resorted to: that the Master Commissioner had not forced compliance with orders of the court; that now the funds available for the purpose of the investigation were exhausted, and that the officers of the | compar had defied the court. | Mr. Kline, in reply, stated that the | company had no books that were per- tinent to the order of the court save account books and ledgers which had been placed in evidence. He declare: that commercial books of the corpor: tion were formally demanded and when | pressed by the court he admitted that they would not have been produced if asked for. He protested that such a demand was a violation of the rights of the stockholders under article I of | the bill of rights, the constitution of | the State and the fourteenth amend- | ment. | It was at this juncture that Judge Minshall asked: | “Do you refuse to comply with the | order of the court?” to which Mr. Kline replied: “We do, for the purpose of presenting ; the legal questions we desire to raise. This will be when the order is presented to the officials to produce them.” Subsequently Chief Justice Spear sug: gested that he supposed that the ob. ect of the company’s attorneys was to have a witness refuse to testify regard- | ing the books in the next hearing in the | expectation that he would be placed corpus | Mr. aken. Kline offered no explanation. Chief Justice Spear asked: “Has your company any books showing the work- ings of the corporation?” | Mr. Kline replied: ‘“We have books | showing the gross earnings and all | financial detalls and we still have them. | This talk about burning them is the | merest chaff.” He was next asked: duce them?” and he again said: “We will not under the former order be- cause it_would be a violation of our rights. We have always been willing to produce our minute books and led- gers showing corporate transactions but not books showing the holdings of stockholders and transfers among them. Any item that could not be | readily explained would be miscon- strued and the result would be no near- er, no clearer. We submitted all books showing ownership of trust stock and how it got back into the stockholders’ hands. When the order to dissolve was made in 1892 there were $97,000,000 worth | of certificates outstanding, all of which but about $27,000,000 have been drawn in, but the president of the corporation has so far been unable to get these be- cause they are held as investments and collateral by people who prefer them and are trying to retain them. It takes time to convert all this amount of | money into corporate stock. The hold- | ers of them do not get a dollar of df idend from the Standard Oil Compa | of Ohio. As to the books, we burn old books in storage every ten years, but there have been none destroyed perti- nent to this investigation.” At the conclusion of the arguments the court gave the attorney of the oil and constituent companies two weeks | in which to file their answers in the pe- titions against the constituent com- panies. e N | FOR RIVER IMPROVEMENT. ‘“Will you pro- o i Yolo Supervisors Backing Up the Efforts of De Vries. | WOODLAND, Jan. 5—The Board of Supervisors of this coun s endeavoring | to hold up the hands of Congressman de | Vries in his efforts to obtain an appro- priation from Congress. The following | letter, signed by the entire board, was forwarded to-day: To Hon. T. E. Breton, Chairman House Com- mittee on Rivers and Harbors: Ci lornia is | engaged In an effort to restore her waterways. A system of improvements harmonizing with | recommendations of the Sacramento River | Board of United States Engineers has been | commenced. An expenditure of $100,000 has lately been made by the State; gratifying re- | sults are apparent. Two hundred thousand dol- | Jars are yet available for river improvements. This sum, with the appropriation of $7S1,000 recommended by the river board, and expended on lines indicated in their report, will largely aid in perfecting a system that Will sooner or | later be introduced for commercial relief. | The seriousness of the river conditions is not | exaggerated. Relief is imperative. Concert of | action between the State and nation Is essen- Ltm to success, We pray for favorable action | of your commijitee, ot 3 WAS MANSFIELD'S PLAY STOLEN? “Cyrano de Bergerac” a Plagiarism. SAMUEL E. GROSS’ SUIT ALLEGES HIS COPYRIGHTED PLOT WAS REWRITTEN. The Author of the ‘“Merchant Prince of Cornville” Claims to Be the Victim of a Bold Theft, Special Dispatch to The Call. CHICAGO, Jan. 5.—Is “Cyrano de Bergerac” a plagiarism? Is the play Now being produced by Richard Mans- field stolen from the “Merchant Prince of Cornville,”” written by Samuel Eberly Gross of Chicago? These interesting questions are squarely by a suit begun to-day in the Federal Court by Mr. Gross gainst Mr. Mansfield and his manager. A. M. Paimer, to restrain infringement of a copyright. The papers were served onf Mansfield this evening. The famous actor raised a question of fact at once. While he didn’t care a continental where tand got the play, he was sure he had never heard of th Terchant Prince of Cornville,” or of Samuel Eberly Gross of Chicago. The complaint, on the other hand. says Mansfield is the owner of a copy of the Chicagoan's play, and among other things sets forth: The ‘“Merchant Prince of Cornville,” written by Sam- uel Eberly Gross, a resident of Chicago, as a diversion from business pursuits, betwe~r 1875 and 1879, and submitted in the manuscript to A. M. Palmer in the latter year, and at the same time to A. R. Cazauran, a Frenchman, and Pal- mer's dramatic reader. In 1883, still in manuscript, it was at Mr. Cazaura He was RS- s request again delivered to him. employed by A. M. Palmer as dramatic ader, adapter and adviser and had n a favorable judgment He retained the manu- script several months. Letters and tele- grams from Cazauran state that - he submitted the play to several theatrical managers and nroprietors. Thus from the time of completitnon until 1895 the manuscript was sent at various times to different actors and managers for inspection. It was not produced, how- ever, and in 1895 and 1896. A statu- ted by Stone & Kimball. A statu- playright in England was secured November 1i, 1896, and the play was also copyrighted November 12, 1896, in T previously give: on the play. land and the Unitea States. Since 1886, a copy of the play has been dis- tributed by the author. Many promi- nent actors, managers and playwriters in England and America received and retained copi among them Richard Mansfield. Mr. Gross declined to talk of the suit this evening, but his private secretary, Albert J. Fisher, made the following statement: ““At the first reading of the dramatic criticism of ‘Cyrano de Bergerae’ Ms. Gross was struck with the deseription of the balcony scene, which seemed to fit his play exactly. He felt at once hat making love by poetry, under the circumstances described, was his inven- tion. A day or two later he received a letter from a prominent actor and member of the Players’ Club of New York, who had seen the play, saying Gross had certainly anticipated some of the most effect scenes in ‘Cyrano de Bergerac.’ Gross began a careful comparison of the plays, using the Kingsbury translation, authorized by Mansfield. The likeness of the two plays grew upon him and was height- ened by seeing the production of ‘Cy- rano de Bergerac.’ Gross thought he recognized all the most salient features of most of his characters in some part or action of the Mansfield production. The scene upon which all the dramatic action hangs, up to the final denoue- ment, is the proxy lovemaking found n the balcony scene, which in all its nrincipal features seems to be an ac- tual reproduction of that in the play of Mr. Gross, in so far as dramatic_action and ideas are concerned, extending to some extent to the language itself in which those ideas are expressed. “Mr. Gross believes he has absolute fact for foundation or he never would have gone into court to discredit the production of Mansfield or of the play which he produces, but feels he has a right, as an English writer once put it, to ‘clalm his own wherever he finds it A Norwegian engineer has Invented a process for producing paper glue, dress- fhg gum and soap from seaweed. The One AN WHO WILL SWEAR THAT HE IS ertect and that he needs nothing to maka Piiss complete is a fool. Now, think for a moment—are there not some things in this World that you have not got that you would much like to have? 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