The San Francisco Call. Newspaper, January 15, 1899, Page 10

10 THE SAN FRANCISCO CALL, SUNDAY, JANUARY 15, 1899 'THE BRITISH SHIP ANDELANA CAPSIZES IN TACOMA HARBOR HAWAIIAN COURT REVERSES ITSELF Chinese Petitioners Re- fused a Landing. JUDD RULING SET ASIDE ASIATICS REMANDED BACK TO THE COLLECTOR’S CUSTODY. Chief Justice Files a Dissenting Opin- ion Opposing the Stand Taken by the claimed the right to land in Hawaii by the opinion is concurred in by Justice Whiting. Chief Justice Judd signs a dissenting view, adhering to the opin- ion put forward at the hearing decided | on December Judge Perr opinion is very long and embraces a vast deal ‘;‘f ‘maller. The following is declared n it: ati , except s are now or may upon the laws of the hereafter be United States allowed b; ended to and put in force in the Ha- i and are now in this coun- and further, that Chinese, whether esiding in this country or not prior to , 1808, to whom permits to enter the aw Islands were i prior to said date by the H are not excepted by the resolut n from walian Government, | MRS, WALTERS WILL NOT TALK Throws No Light on the Napa Tragedy. MAY SOON HAVE TO TESTIFY WILL BE A WITNESS AT THE PRELIMINARY HEARINGS. Her Knowledge of the Killing of Cook May Be Used Against Mc- XKenzie, but Not Against been able to break through her barri- are: Whether she in reality sought employment for Cook with Mec- Kenzie; whether she wrote to Cook to come to Napa; whether she had knowl- edge of the man hunt by her husband and McKenzie, with Cook as the game, and whether she knew what her hus- band’'s purpose was in hunting down her alleged lover. Under the protection which the laws extend over the relations between man and wife, neither can be compelled to testify against the other, nor can one testify against the other, even if will- ing to do so, if objec n is made by the In the case of McKenzie, however, the way is open to place Mrs. Walters under examination. McKenzie will be tried on the charge of murder in the first degree, as having aided and abet- ted in the Killing of Cook, anc ccord- ing to the Supreme Court of this State, SEEKERS OF GOLD SLAIN BY INDIANS Crimes Charged to Por- cupine Creek Reds. MURDER LONE PROSPECTORS | | | | | o ED AND ROBBED IR SUPPLIES. MINERS HA OF TH. Has a Grudge Against the Whites Because Some of Its Braves Were Shot for Majority. Her Husband. 4 Stealing. HONOLULU, Jan. T—A decision filed Speclal Dispz{tch to The Call. Special Dls:mi\-hrru The Call. by the Supreme Court yesterday in the | NAPA, Jan. 14.—While little of mys-| VICTORIA, Jan. 14.—After a terribly last batch of Chinese habeas corpus|tery now attaches to the part Jesse [ rough passage from Lynn Canal the cases. disagrees from the former opin- | Walters and ex-Sheriff McKenzie took | Steamer Amur arrived this morning |lons of Chief Justice Judd, and reverses | in the slaying of Alfred Cook, Mrs.| With a number of late comers from the situation completely. In other | Walters remains the sphinx of the sit- | Dawson and the trails. Those from words, the Chinese petitioners ‘\'h\’{uauun. Neither friend nor foe has|Skaguay bring news that the Indians in the neighborhood of Porcupine Creek virtue of certain permits issued to them | cade of “I don’t care to answer.” “I|are very aggressive and are reported prior to annexation, are remanded back | have no statement to make at this|to have murdered a number of lone to the custody of Collector McStocker, | time.” “I will neither affirm nor deny | prospectors. A. J. Plantag, a recent to be deported or disposed of as Agent | anything.” arrival at Skaguay from the new Brown may elect. Among the questions which she could | American gold fields, says in the The opinion is by Justice Perry, and | answer, to the advancement of justice, | Skaguay = Alaskan that the Siwashes there are very insolent, and whenever | they catch a prospector alone they make him “divvy” on “grub” and other supplies, and if he objects they take what they want through force of num= bers. | He tells of two men who had pro- | ceeded up the Alsek River on a pros- | pecting tour having been robbed by a | band of about twenty young bucks. | The prospectors camped one night on | the river bank, some thirty miles above | Haines Missi No dign of Indians ion. | was apparent, but suddenly from the Held, that by virtue of th | one on trial. So Mrs. Walters cannot | surrounding brush there appeared a the United States laws relatin, be made a witness in the proceedings | gang of Siwashes, who immediately migration and exclusion of against her husband. proceeded to overhaul the pair's ef- fects and demanded to be given some of them. To pacify the horde a great | amount of supplies was yielded up. The | Indians then went away. The balance of the prospectors’ sup- | plies was taken far up a gulch and hid- den, because they expected the raid the operation of said United States laws, Mrs. Walters can be used as a wit 5 he pegte ER THE BRITISH SHIP ANDELANA, SUNK WITH HER CREW ABOARD IN TACOMA BAY. but %ire aiso subject to the provisions | against McKenzie, even should her tes: | Mam b e seap thee went u the 5 thereof. timony inplicate her nusband. Such jdde: 1ppli This court is not a court of the United | fo 2 =SS T T . S gulch to get their hidden supplies, in- == ——— SN | R % o jurisdietion, In habeas | testimony, however, could not be used | tending to proceed up the river. But was bullt in 1839 at Workington, Eng- | corpus proceedings or otherwise, to pass t her husband, and so far as|Ipdians had stolen everything. There land, by R. Williamson & Son. She upon the validity of the appointment of is concerned would count for | was nothing to do but turn about and CAPTAIN STAILING AND SEVENTEEN MEN DROWNED was of 5 tons net burden, 303.7 feet long, 42.2 feet broad and 24.6 feet deep. She was owned by the Andelana Sall- ing Ship Company (E. F. and W. Rob- erts) of Liverpool and was well known in this port. The Andelana left Shanghai for Puget Sound on November 11 last and while WHY IRELAND IS ALLED TO ROME his or the legal- such a Federal officer, or the extent of powers under Federal la: ity of the detention by of persons who clz in such custody. The opinion opens with the papers in the case, and the particulars of the view follow. Summing up, the Judge r and statement of the law is cle Thi nothing against him. It is the expressed purpose of District Attorney Bell to place Mrs. Walters on the stand, as he is particularly anxious to clear eral matters which he has not yet made public. Among the effects of Cook now in possession of the Sheriff are a number of letters, one presumed to have been written to him bv Mrs. Walters, in- make for a base of supplie | It is said that the mysterious disap- | pearance of many prospectors going into that country is laid at the door of these Indians Mr. Plantag says ‘lhat many have been murdered in the wilds of that land. The tribe dwelling there is the most insolent of all In- | dians of the far north and claim to several vessels have been wrecked and s g = + . s | have a grievance against the white man | heavy reinsurance is being paid on Leo XIHI Wants '‘Some |l poiit xl,é\i.’l{ru?,(f iR Bt te {“';')"l‘r‘:ihh)"a:g,:t? "I‘(UK“:‘I;’;: open for | hecause some years ago “Jack” Daiton | others from that port, she made the, - officer or in his mode of proceeding it IS | The point which the prosecution de- | taught them a lesson in honesty. He run in the fast time of forty-eight days Explanation. fir the_tribunals of the United States to | The Point which the prosecution de-|is said to have shot ‘some who were Vessel Goes Down at Night During | a Squall and Is Not Missed | to Port Angeles. From there she was taken to Tacoma, where she anchored on the 5th inst. Captain G. W. Stail- ing, who was in command of the Ande- lana, was not known on this coast. He was a Nova Scotian and took command of the vessel last year. Special Cable to The Call and the New York Herald. Copyrighted, 1598, by James Gor- don Benpett. revise and correct it, and not for this court. That no United States court has been ablished here yet, and that great v result from this court’s jurisdiction, cannot itself confer jurisdiction upon the The Hawalian Government had inconvenience m: holding that it ha: of court. { ters, or whether she he power to confer upon this letter. It would cause no surprise if it proved to be a forgery. But should it be acknowledged by Mrs. Walters the prosecution will seek to learn whether it | written in good faith by Mrs. Wal- was deceived or stealing from a cache. Since then they | let his stuff alone. However, they have | taken several shots at him and declare they will make him bite the dust. In the meantime, Indian fashion, they | seek vengeance on any unprotected | prospector who ventures into that sece He leaves a o Wi not and hds not t | possibly coerced into writing it. i 3 3 e | ROME, Jan. 14—With regard to the | iy sdiction to. construe or jus | POSSIBLY coeteed into writinglt. | tion. l M The Andelana was last in San Fran | Visit of Mer. Ireland, which has caused poelinitea Statey aws, end | § SNOIher (admasmne it of eyidence | LR nei Ol‘nln . cisco in July, 1897. She was then in | SO much speculation on both sides of 3 e 15("3‘. _ Government, 'l_;:ouufir!} by l‘“'m“,nl“m Have ww;%‘ = ‘-",& Victim of the Jewel Wreck. 4 the Atlantic; T am now in a position to | Loesaing e oW e 5o For such | calfber revolver, but mot & satibor, | CAHTO, Jan. 14.—William Home, second i ; S PRI T : " Isdiction, has not vet done so. For such | caliber rev 5 of sdsemiler | e reeioa ACOMA, Jan. 14.—Captain Stail- | j—E—E—3—S—8-8-2-5-8-8-0 E-E-E3-= give some interesting particulars. | failure and the inconvenience resulting | suech as was found in the box-stall, | enginee t t = cke: ing nd eventeen men were Archbishop Ireland, it appears, has at | therefrom Congress alone is responsible. | Phe preliminary hearings will ha\'e[“"_“ lost at (. . dxi--d of his drowned by the sinking of the (M LlS I OF I HE DEAD B | aifferent times and occasions put him- | The American transport ship “Taco- | much of fresh Interest besides these | Injurles tosday. He was unmarried and itish ship Andelana during a J self forward and made known to the |Mma, C. Pederson, master, First Lieu-| matters, as the prosecution has con-| je was a native of Canada, about 4 wind storm early this morning. le which blew her over was one | e experienced here in most sev ars. It blew at the rate of thirty- |l = o oead The P vishing above all things | The T: brings 111 mules and a = = 3 h b = ve, Nova Scotia. e Pope, wishing above a ings | e Tacoma ings % eight miles an hour. The Andelana | | I;:r_s‘ sli;e 3 E}I.(\},rt;;\“i. Blackpool, England. to preserve peace as far as he pos- |large quantity of quartermaster and ADVERTISEMENTS. zed almost instantly and be- Sttt il 42 DO0% s sibly could, and to do everything in his | commissary stores for Honolulu/and | ~~~————~ e officers and crew knew that | Boatswain Charles Smith. power to avoid the Spanish-American | Manila. The mules will be left here and | in peril. | rday noon a gale sprang up, | g | Steward Er Cook J. B. Brown, Barbadoes. Captain G. W. Stailing, Nova Scotia. Second Boatswain James Daly, Leith, England. nest Jonsin, Liverpool. Pope that he was on very friendly terms with President McKinley and had | considerable influence with him. war, naturally was much impressed b; the ambitious and, to say the least, too sanguine Archbishop, hence those over- | the horses tenant John O’Shea, u military commander, arrived 5th, and a half days, from San Francisco. Fourth Cavalry, on the trip_ will The Tacoma will remain here after a good vovage of thirteen | siderable evidence that it deemed un- | advisable or unnecessary to ~roduce be- fore the coroner’s inquest. ¢ years of age. The burial will take place at Caspar to-morrow under the direction | of the Marine Engineers. A Succsss for Eighteen Years. which s reached thirty miles an < o s G S hislAtcal Tone th [ ter B on R En days i i es D. Haeyere, Ostend. ures which are now historic n the | for about ten days. 2 8 hour. I 1ally subsided until night- | Bl Apprentice James D, part of the Vatican to arrange the | The Bennington was taking on stores - - - fall « ndelana probably would | | Apprentice Richard Hanze, Ostend. e Cuban question on some friendly basis | to-day for her long cruise by way of Practice Extensive and Increasing. have pulled into a dock. As it was, Seamen Fred Lundstrom, August Simonson, Edward Letz, A. John- satisfactory to both parties. | Wake Island and Guam to Manila. One | i she remained at anchor in the stream son, John Neilson, E. Antrum, and two others, names unknown, These questions of Intervention, of |of the mm:(tl significant things fthat went \ing SloTRTEs e s shi At Nawr Y May 7, X bringing about an armistice and other | aboard to-day was a seventy-foot cedar | being prevented tipping over only by all shipped at New York on May 7, 1598, | pole, from which the American flag will | heavy of her. log bu This S moo; was re: lly a dangerous position during windy weather, for all | tions from shipowners or underwriters. | command of Captain Gil and | Shipping men believe the v | raised with air bags or by of her b, t had been discharged : | doneitherside gy ox m @B @ W-B-0-0- 9B 25 ssel can be inking air- | and on July 22 of that year sailed for Queens- town with a cargo of wheat. She was overtures gave rise to prejudice and to outspoken opposition in America to the so-called “clerical influence.” | Certaln it is that if the Pope made any great efforts at intervention they | signally failed, and it appears, and is | | float over Wake Island. The Benning- | ton sailed this afternoon. to Washington by the last mail. “I hardly think now that I will go,” President Dole did not receive a call} IF A HAN, YOUNG OR OLD, Feels weak physically his mental faculties cannot possibly be at their best; failures and d out of life. Thi ouragements come thi ck and fast, and he gets no enjoyment applies especially to victims of Nervous Debifity—; who have ignored the laws of nature in various ways. If death does not come to them prematurely they soon become mental and physcial wrecks, virtually she had taken no stiffening aboard. Ve a ir- | said Mr. Dole is morning, ‘‘for the THere 1s noldoubt that WHenlthS ter- not to be wondered at under the cir- | said T th g, ) cumstances, that the Vatican is much | reason that the committee work is fin- | not on this coast agein until she came | over in ballast from Shanghal. tight scows and connecting them with cables which shall pass beneath the l”i).)lul gale ;‘u ing up last night she | wreck. The water would 1lhenth be e displeased at having made overtures |ished m’ld( there ?(P‘Pms‘h h]ardlyt any | dead to ther selves and to the world. partly turned over. This lifted her | pumped out of the scows, causing them ALONZO’S TROOPS ARE which only invited refusal on the part | necessity for my making the long rip.” starboard ballast log out of the water |t and its weight d a defective link | to break. Thus released from the log, | the vessel be raised. It is believed they the ship turned suddenly on her beam and in another instant the water pouring down her hatchwa; > were but loosely covered and af- d no protection. With her toppling asts and towering side to give the gale full swing, the Andelana went over | ) raise. ' The bodies cannot be recovered unless | would be recognizable should the ves- | months hence, | sel be raised several since the ice cold water at the bottom of the Sound will tend to preserve them. | The Andelana was to have loaded | wheat here next week for Queenstown. | as though she were a racing shell. Her coming voyage would have com- | How the seamen struggled to escape | pleted her trip around the world. She can be imagined, but without doubt |left London about a year ago for New | had scarcely leaped from their | York, whence she sailed in May for| into the inflowing waters before | Shanghai with coal oil. She reached| el had struck bottom, twenty- | there on October 19, and arrived in| three and a half fathoms below the sur- | Port Angeles seventeen days ago. At| face. the ye: ing place, but s This is indicated by the fact that el did not drift from her moor- { where she w moored last night. With daylight this morning the Ande- ana was missed. riding, appare SeCUr' wowed bu s, Captain Doty hip | H. Wilson was the | to discove s disap- ance. Hurri his gig he was rowed to the tug Fair- | 7 ng at the reka doc! The | sent acro elana’s Not a trace 3 ssing ship to be found. Fairfield | then crossed te the eastern side of the | ‘bay. Here the Andelana’s fate was made evident. i Swamped and with battered gunwale | one of the ship's lifeboats tossed against the gravelly beach. Further on was | found a ballast log, with a broken chain attached. Then were discovered wooden shovels such as had been used on the | Andelan The last piece of wreckage found was a mattress marked with the “ship’s name. Up and down the beach Captain Doty and Captain Burley of the tug tramped, but not another vestige of wreckage - from the ship was to be found. ly believed along the .. .water front that the ship could have . -sunk without some one without being heard by watchmen aboard vessels at the St. Paul and Ta- coma Lumber Company's wharf, less than half a mile away. To make cer- tain of her fate, it was decided to send the tug Fairfield out with grappling -irons to locate the wreck. At 5 o’clock this afternoon a steam launch caught with grappling irons what seemed to be a piece of cable. Still later the tug Fairchild caught hold of some solid substance. Y This was the best that could be ac- complished with grappling irons at a depth of 141 feet, and is considered complete evidence that the ship is lying underneath where she was last seen anchored. This depth is too great to permit divers to work with ease. No attempt has been made to engage divers pending the receipt of instruc- escaping or | | her and she reached Where she had been | Captain Stailing at dusk last | some wheat aboard as stiffening be- | retch | fore discharging all his ballast. Wheat | | during his twenty-two years as mas- | | Subsequently the Andera, bound from that time she was erroneously reported | as being the overdue bark Caradoc nk almost at the spot | Eppinger & Co. subsequently chartered | here this week. side. | To be absolutely on the safe taken | should have vessels loading here and at Portland. however, have been in the habit of re-| lying only upon the less expensive log | system of ballast during the interim be- | tween discharging ballast and loading. | Capt. Stailing expected to be towed to | hisloading berth to-day. Possibly hehad some apprehension of danger by wind, | for last evening he declined an invita- tion to dine and spend the night ashore, | saying his place was aboard his ship. Twelve men left the ship on Wednes- | day. The next day ten of them shipped on the ship Dirigo for Queenstown. Apprentice Buck was sent to the hos- pital for an operation, and to that fact he owes his life. This reduced the crew to eighteen, of whom not one escaped. Captain Stailing had been the Ande- lana’s master but one year. He had ex- perienced the usual troubles at sea ter, becoming captain at 20 years of age, but it remained for the ballast logs of the Andelana, his empty vessel | and a heavy squall to mar his record and send him to the sailor’s grave. The Andelana line has become known for ill luck among shipmasters and un- derwriters. A few years ago the An- drina went ashore on Vancouver Island. 1t cost $12,000 to clear her of the rocks. the sound to South Africa, was lost at sea. Then came the Americano, which, being out 100 days from Hongkong to the sound, her owners paid 70 guineas reinsurance on her only to have her | turn.up safe and sound. Captain Stailing’s home was Annapo- lis, Nova Scotia, where his widow and three children live. He had been mas- ter of the ships Truro, ColchesteY, Sa- vena and Andorhina SIS, S HISTORY OF THE ANDELANA. The four-masted steel ship Andelana | | vance guard was defeated, DEFEATED BY REBELS Bolivia’s Revolution Spreads and Foreign Consuls Have Decided to Act as Mediators. LIMA, Peru, Jan. 14—Reliable advices from Bolivia say that General Caceres is detained at Uyuni by order of Pre dent Alonzo. According to the same advices General Camacho, the head of the Federalist troops, left La Paz with 2000 men and hs ken up a position at QUenco, two leagues from La Paz, on the heights of the road to Oruro. President Alonzo’s flanked by troops were out- the Federalists and his ad- The foreign Consuls at La Paz have de- cided to act as mediators between the Government troops and the insurgents with a view to averting bloodshed. Eaiay e RAIN AT STOCKTON. San Joaquin Valley Receiving An- other Mild Wetting. STOCKTON, Jan. 14.—Another welcome rain reached this county last night, and continued throughout the night, the pre- cipitation amounting to .34 of an inch here. The ground is now in condition to stand a long dry spell, and good crops are already assured. BALLARD, Jan. 14.—As a result of the recent storm, farming operations have been resumed throughout the Santa Ynez Valley. Cattlemen are preparing to re- stock the great ranges with animals that had been driven to Northern California pastures, and orchard cultivation will roceed in the old-fashioned way. The ‘an Rafael Range, forming the south boundary of the Zaca Lake and Pine Mountain reserve, is now covered with snow down to the valley foothills, insur- ing good feed on the reservation and plenty of water in the valley streams. e o Colonization of fi'egroes. CHATTANOOGA, Tenn.,, Jan. 14.—An application was made to-day by S. J. Hutchins, J. E. Patton and other leading colored citizens of this city for a charter ‘?r the National American Colonization ssociation, the object being to organi branches in the Ou(hernwstates.ga’l"l:g association is formed with a view to col- onizing negroes in the West and securing from Congress a concession to allow col- onies so formed the right of State gov- ernment and representatives in Cingress, ete. The plan was originated by S. J. Hutchins, a negro lawyer of this city. Hutchins' gives as a reason for his pro- osed colony ‘‘that the people of the nited States should be given an oppor- tunity to see whether the negro Is capable of governing and holding office.” Advances made on furniture and planos, with or without removal, J. Noonan, 1017-1023 Missfon, | of the President to accept them. Archbishop Ireland is therefore sum- moned to Rome to explain his action in undertaking to guide the Vatican on what appears to have been such insuf- ficient grounds for success. : But this is not all. The question of a division between the American party, which is united to the clerical party of | Canada, on one hand, and the Jesuit party on the other, will be inquired into. The American party, which ac- knowledges the leadership of Mgr. Ire- land and Cardinal Gibbons, is supposed to be in sympathy with French influ- ence, if any, while the Jesuit party is supported by Germany. | Treaty With the Cherokees. | ST. LOUIS, Jan. 14.—A special to the Republic from Muskogee, I. T., s The treaty between the United States and | Cherokee nations was signed by the com- | mission here to-night. Sargy Sanders and John Gunter, two members of the Chero- kee committee, refused to sign the treaty. To become effective the treaty must be ratified by Congress on or before March 4, 1899, and by a majority vote of the Cherokee people. DISASTER ON THE SOLANO. PORT COSTA, Jan. 14—Two cars loaded with coal, while being switched on to the steamer Solano this morning, the blocks on the end of the through steamer, one car going overboard out of sight into the bay, while one-half of the second car dropped on to the end of the boat, another half remaining on the tracks. The coal was for the use of the Solano, being placed so that it could be unloaded into the steamer’'s bunkers. The hoat b ing higher in the center where the coal bunkers are, the cars had a good start and could not be stopped after breaking away. The wrecking crew was on its way to Oakland from Ingomar with the wrecked Owl train, and being here at the time of the accident was called upon to remove the sunken car, the tide being high until this evening. It is expected the Solano can pad over the sunken car all right and transfer passenger trains without delay. No one was injured, but two men were on the cars at the time setting the hand- brakes, and only escaped being carried along by jumping from the runaway cars. LARGEST STEAMSHIP EVER CONSTRUCTED Launching of the Oceanic, a Vessel Weigh-| ing Half as Much Again as the Great Eastern. BELFAST, Jan. 14—The White steamship ever built, was successf much again as the Great Eastern. The Oceanic has a coal capacit: coaling. (] (] [ o (] o o (] o (4] [ [x] o [ [ (4] (] [+ The Oceanic, thcugh owned by o (] © vard to-day in the presence of an enormous crowd. A grand stand was erected to accommodate 5000 people. those present were the Duke and Duchess of Abercorn, Lord and Lady Dufferin, the Marquis and Marchioness of Londonderry, the Earl of Shrewsbury, the Earl of Ava, the Earl of Shaftesbury, Sir Michael Hicks-Beach and the Lord Mayor of Belfast. 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