The San Francisco Call. Newspaper, January 26, 1899, Page 4

“THE SAN FRANCISCO CALL, THURSDAY, JANUARY 26, 1899. TRIAL OF THE ARMY'S COMMISSARY GENERAL RT.FRANK ., WASHINGTON, Jan. of army offi retary of War to sit as a court-martial in the case of Brigadier General Charles P. Bagan, commissary general of sub- sistence, charged with conduct unbe- coming an officer and a gentleman and conduct to the prejudice of good order and military discipline in connection with his testimony before the War In- .—The board vestigating Commission, met in the redi parlor of the Ebbitt House at 10 o’clock this morning and almost immediately proceeded to the business in hand. The court consisted of Major General Wesley Merritt, U. 8. A.; General James Wade, U. 8. V.; Major General M. . Butler, U. 8. V.; Major General S. B. M. Young, U. 8. V.; Brigadier Gen- eral Royal T. Frank, U. 8. V.; Briga- dier General George A. Randall, U. S, Brigadier General Jacob Klein, U. V.; Brigadier General Richard Comba, U. S. V.; Colonel Peter C. Haines, Corps of Engineers; Colonel George L. Gillespie, Corps of Engineers; Colonel Charles C. Ruter, Corps of Engineers; Colonel Francis L. Guenth- er, Fourth Artillery; Lieutenant George Davis, deputy judge advocate general, jndge advocate of the court. The members of the court, who ap- peared in full dress uniform, were seated about a long table placed length- wise of the room, General Merritt, the president of the court, occupying the seat at the head. At just 10 o'clock Colonel Davis called the roll of the court, all the members responding to their names. As he concluded General gan appedared with his counsel, A. S. Worthington, formerly United States District Attorney for the District of Columbia, and took seats near the judge advocate at the foot of the table. General Eagan also wore the dress uni- form of his rank. Almost immediately Colonel Davis arose and proceeded to read the order convening the court. The judge advocate, when this was concluded, turned to General Eagan and inquired whether he objected to any of the members of the court as designated by the order. General Ea- gan replied: *I do not.” 8. The members of the court then arose | and took the usual cath. The charges | and specifications were then read. During these preliminary proceedings General Eagan exhibited no signs of nervousness, but the expression of his face and his manner clearly indicated that he realized that the trial involved consequences to character. While he stood listening to the charges and specifications his face seemed somewhat paler than usual, and at the conclusion of the reading, on be- ing requested to plead to the specifica- tions to the first charge he said, “Not guilty,” not denying, however, that the specifications set forth correctly part of the language used. To the second charge he “Not guilty.” The judge advocate then arose and said that the case in hand was a pecu- liar one, but presented no unusual dif- ficulties. . The accused wished to add to his plea of not gullty some words tending to qualify it, but be did not think the plea relieved the court from the neces- sity of proving the facts alleged. Attorney Worthington responded briefly, and explained why the aualify- pleaded, ing words had been used upon his rec- | ommendation. The specifications did the accused a great injustice, in that they selected particular expressions without giving the context, and in one or more instances the specifications quoted begin in the middle of a sen- tence. Continuing, Mr. Worthington #aid that he desired to state briefly to the court the substance ' of General Kagan's defense. Whatever. -he said. the court might think of the propriety of the language used by General Bagan before the War Investigating Commis- slon, there was no doubt in his (Worth- ington's) mind that Eagan was fully protected In using that language by the laws of the land. In no court, civil s designated by the Sec- | him of the gravest | { or military, he said, could the accused | be held accountable for his language. | even if it could be shown that the speaker was actuated by malice. In| |-addition to this, the President of the | United States had instructed the War | | Investigating Committee to announce publicly that witnesses before that tribunal would be given immunity for whatever they might testify to. This was a solemn promise given by the President of the United States. and counsel had no doubt that the court { would find that General Eagan could not, under these circumstances, be held i to answer to a military court-martial | for hislanguage. General Miles, he | | said, had appeared before the commit- | | tee about three weeks before General | Eagan had made his statement, and on | that occasion had made most serious | and sweeping charges against many of | his subordinates, and particularly against the commissary department of the army. He had charged General| | Eagan with being incompetent and neg- | { lectful of his duties and had inferenti- ally charged him with issuing poisoned | meat to the soldiers of the army. and had averred that many had died in con- sequence. He had also implied that General Eagan went to the Secretary of ‘War and asked leave to bring charges against him. General Alger had replied that under the President’s order of im- | munity, General Miles could not be| held responsible for his language before | the committee. The newspapers then took it up and goaded General Eagan almost to desperation. He had come to believe that the press and the country at large had accepted the accusations made by General Miles as true, and the condition of his mind, in conseauence, grew worse and worse, until he was in a state bordering on distraction. The | language which General Eagan uséd under these circumstances was tha nat- ural outburst of an honest man suf- fering under an unjust accusation. At 10:25 o’clock word came from the | | White House that the President would | receive the members of the court be- | tween 11 and 12 o'clock. Thereupon | General Merritt announced that the court would take a recess for the pur- | pose of paying its respects to the Pres- | ident. On reassembling at 11:50 time was given a photographer in which to take a picture of the court, and then Major | S. C. Mills was called to testify on be- half of the Government. He said he | was the recorder of the War Investiga- tion Commission and was present and heard General Eagan's testimony be- fore the commission. The manner of General Eagan in giving his testimony, he said, was that of a man laboring un- der great excitement, but trying to con- trol himself. The witness had charge of the typewritten testimony given by General Eagan and had delivered the same to General Dodge at his: hotel. Subsequently the witness had returned the paper to General Eagan with a let- ter from the commission declining to receive it in its present condition. The witness recalled some of the- words used by General Eagan in his testimony, which agreed substantially with the phraseology in the specifica- tions. He was shown a copy .of the specifications and identified the lan- guage there quoted as having been used by General Eagan. Worthington interrupted to say that General Eagan did not deny*the lan- guage quoted and, had not the orig- inal statement been destroyed after the objectionable words had been expunged, he would willingly produce it. | Major General McCook, retired, a member of the War Investigation Com- mission, was the next witness. He was present apd had heard a part of Gen- eral Eagan's testimony before the com- mittee. “The impression,” he said, “I had was that General Eagan must be laboring under great nervous excitement.” He recalled some of the language used, and, it agreed substantially with the testimony as published. He was shown a copy of the.specifications and identified some of the language as hav- ing been used by General Eagan. The words, “I want to force the lie back into his throat, covered with the contents of a camp latrine,” General i McCook did not hear, He had his own views as to such language as he had first heard and he had turned away and did not hear this sentence. The witness recalled a remark made by the Presi- dent in regard to the immunity of wit- nesses., The President had said, in sub- stance, that any person who should come before the commission to give evi- dence should receive immunity from the action of‘any higher authority. It was the understanding of the commission thut this. immunity extended only to legitimate testimony that could be re- ceived by any tribunal. No written statement or order as to the immunity of witnesses, as far as he knew, had ever been made. General Miles had ap- peared before the commission some days before General Eagan was heard. He had objected to being sworn and his statement had been recelved with- out his taking the oath. General Mileg was the only witness, so far as he re- called, who had objected to taking the oath, although one witness in New York had refused to swear that he would tell the whole truth. Other wit- nesses had preferred to affirm. The commission had no hard and fast rule in regard to the matter of the oath. The judge advocate then read at some length from General Miles' testimony before the War Investigating Commis- sion which called forth the objection- able language in General Eagan’s state- ment. At the conclusion of the reading of General Miles’ statement Judge Worth- ington read at length from General Eagan’s revised testimony before the ‘War Investigating Commission. At 2 o'clock the court adjourned until 10 o’clock to-morrow morning. gt e, PLENTY OF EVIDENCE THAT BEEF WAS BAD NEW YORK, Jan. 25.—The Washing- ton correspondent of the Herald tele- graphs: Reports of sixty-three officers representing more than a dozen regi- ments, scores of companies and thou- sands of soldiers were to-night laid before the special investigating com- mittee, furnishing overwhelming proof that the men in the army were made the victims of the outrageous beef scan- dals. Major and brigadier generals, colonels, majors, captains, lieutenants, and members of the hospital and medi- cal staffs join in declaring it was totally unfit for use. Carned beef escapes with- out great censure, but canned roast beef and the so-called fresh beef with which soldiers were served is denounced without exception. According to the evidence placed in the hands of the committee the beef was unfit for use. It was tasteless.and nauseating. All of it was stringy, de- void of nourishment and none of the soldiers would eat it except from ex- treme necessity and many of those who did were made ill thereby. Neither the climate nor transporta- tion, according to to-day's evidence, can be held responsible for the quality or condition of the beef served to the army. The testimony of sixty-three of- ficers shows it was uniformly bad in Cuba, Porto Rico, at Southern camps in this country, and at Montauk Point. MISS FAIR TO WED IN EASTER WEEK ‘ Marriage Will Take Place at the New York Home of Mr. and Mrs. Oelrichs. NEW YORK, Jan. 25.—The Herald will print the following to-morrow: The Her- ald is able to-day to give a pleasant bit of soclety news to its readers. It can state on what appears to be undoubted ,Jauthority that thi wedding of Miss Vir- nla Fair, daughter of the late Senator ames G. Fair of California, to Willlam XK. Vanderbilt Jr.. will be celebrated in Easter week on Tuesday, April 4, at the New York home of Mr. and Mrs. Herman Oelrichs. So early a date as this had not even been mentioned by society gossips. e How Aguinaliuo won his leader- ship, in next Sunday’s Call, SUISUN SUSPECTS GIVEN FREEDOM Their Hearing Ends in Acquittal. EVIDENCE NOT SUFFICIENT DISTRICT ATTORNEY MOVES A DISNISSAL. Miller, Mrs. Dickinson and Mrs, Wilson Walk From Their Cells in the County Jail, Epecial Dispatch to The Call. SUISUN, Jan. 25.—The three prisoners who have been confined in the Solano County Jail for two weeks, charged with the murder of old Dan Wilson, the Sulsun Valley rancher, are once more breathing the air of freedom. Willlam J. Miller, Mrs. Elizabeth G. Dickinson and Mrs. Addie Wilson were discharged from custody this morning by Justice of the Peace Hitchcock on motlon of District Attorney Devlin, who had come to the conclusion after sleep- ing on the testimony given at the pre- liminary examination =yesterday that the evidence did not warrant holding the prisoners for trial before the Su- perior Court. Promptly at 10 o’clock this morning the prisoners were brought imto court, where they were joined by their attor- neys. Judge Hitchcock was on the bench and the courtroom was fairly well fllled, although after the collapse of the case of the prosecution yester- day it was generally understood that the accused would be allowed their liberty, which served to render the pro- ceedings of to-day flat and uninterest- ing. . As soon as court was convened the District Attorney arose and after re- viewing the evidence in the case moved that the prisoners be discharged. He said: If the court please, I fully appreciate the responsibility of the Prosecuting At- torney in this case, but I think that at this time it would be wrong to leave the making of a motion for acquittal to coun- sel for the defense. The testimony has been carefully weighed and considered by me, and in justice to my office of District Attorney, in justice to the people and in ustice to these defendants, it seems to e my clear duty to move that the de- fendants be not held. It is with respect for my office and with the view of right and justice that I will make my motion. Whatever my private opinion 1s, and whatever the opihions of others may be, action in this case must be based on the legal evidence. Every bit of testimony that I know anything about has been brought into this case. Everything pos- sible has been done to secure a convic- tion. In relgtion to defendant Miller we had a positive identification of him by ‘Witness Riley as a man who hired a rig at Vallejo on the night of the murder. | Against that stands the alibi which is EIGHT OF THE MEMBERS OF THE EAGAN COURT-MARTIAL.| supported by the testimony of Mrs. Shee- han and her two daughters. What value that alibi would have would be for a jury to determine. I am satisfied in my own judgment, however, that the evidence is not sufficient to secure a conviction be- fore a jury of twelve men. We could not submit the ewvidence to one unbiased man and expect him to sa% that Miller should die on the gallows. he evidence that a man hired a buggy twenty-five miles from the scene of the murder is not suf- ficient, and even that is met with oppos- ing proofs. I am not justified in putting the county to the expense of a long drawn out murder trial on the testimony that we have obtained, and so it is my duty to move that you dismiss the defendants. As the District Attorney resumed his seat the Judge said: I have weighed the testimony very thor- oughly and I fully concur in what the District Attorney has said. Therefore the defendants are acquitted. Mrs. Miller, who was in the court room, rushed over to where her hus- band was sitting, and gave him a hearty kiss, but aside from this soli- tary incident there was no demonstra- tlon. The three prisoners had been assured by their attorneys that they were bound to be set free, and they were prepared for the announcement when they appeared in court. They were taken back to the jail, where they quickly gathered up their belongings, and sought the sunshine. Mrs. Dick- inson sought to thank the District At- torney for his action in moving for a dismissal, but Mr. Devlin declined to take any credit to himself. He assured Mrs. Dickinson that if there had been any evidence brought forward to, con- nect hor with the murder he would have insisted that she be held for trial. That such evidence was lacking was her good fortune, and not due to any inclination on his part to be lenient with her. Hez McEwen met his housekeeper at the gate leading to the courthouse, and Mrs. Dickinson at once began lay- ing down the law to him. W. H. Mor- rison, McEwen’s brother-in-law. had a talk with Hez before the prisoners were discharged this morning, and advised him not to take Mrs. Dickinson back to the ranch. Morrison declared that if McEwen @id not heed his advice he (Morrison) would have nothing more to do with him. It is more than likely. however, that both Mrs. Dickinson and Mrs. Wilson will return to the ranch to live. Miller and his wife returned to their home In Port Costa this after- noon. SHOOTING AFFRAY ON A YOLO RANCH Wounded Japanese Declares His As- sailant Was a Midnight Marauder. WOODLAND, Jan. 2.—A shooting af- fray occurred on the Hershey farm, near Blacks, last night, and some rather pe- cullar circumstances are connected with the case. A Japanese known as Kishmoto was seriously wounded, and, according to the story told by his countrymen, the bullet was fired from the pistol of a rob- ber. Ten Japanese, under the charge of a boss named K. Hazalno, are living on the place, engaged in pruning the or- chard. They are quartered in a house about a quarter of a mile from the house where Mr. Howard and several white men stay. A{cordlng to the story of a Japanese, a tall man came to their quarters at about midnight. They were all asleep except a Japanese named Kishmoto, who hap- to be outside of the bullding at that time. ‘ The unknown prowler gmceeded to ran- sack the belongings of the Japanese, and succeeded in obtaining about $100 from the inmates of the house, who were too badly frightened to make any resistance. Just as the robber was about to leave the house Kishmoto, who had been out in the orchard, entered the building and }hfi ro&bef '5"‘::.’""’:‘» ‘grent exvmefinent ollowed, an e T succeede Taking his escape with the booty, . The Japanese say that the robber was a tall man and had a scar under the left eye. He dlsagpeared in a southerly di- rection from the place where the sxooz- ing occurred. %hlle there is nothing gmrluyl{I tive about the Japs' story, t considerable doubt expresseg about the alleged robbery. Some think® that the men quarreled among themselves, during which Kishmoto was shot, and that the robbery story was conococted to shield the gullty . defec~ ere YOUNG BANDIT'S HEART PREVAILS Abandons Attempt to Be Free. COLWELL IN GALLERY ROLE HAD CELL BARS ALMOST CUT IN TWO. Marin County’s Youthful Highway- men Sends for Sheriff Taylor and Surrenders Several Smuggled Tools. Speclal ‘Dispatch to The Call, SAN RAFAEL, Jan. 2%.—Victor J. Colwell, the youthful bandit, who held up the stage running between this city | and Bolinas last September, came with- in an ace of regaining his liberty and taking French leave of this community a few nights ago. Saws for cutting steel were smuggled in to him by con- federates, and when he ceased work he had four bars of the window in his cell nearly sawed through. A few hours' work was all that stood between him and freedom, but, strange to say, a debt of gratitude he owed to Will P. Taylor, the new Sheriff, so preyed upon his mind that at the last moment he re- vealed the fact of his intended jail- break, and handed over his tools to the officers of the law. On the 19th of last September Colwell donned a mask and held up the Bolinas stage near Liberty station. The driver and six passengers were forced to yield up their possessions, including several gold watches and $65 in cash. He was overtaken on the Greenbrae road two hours later by Sheriff ‘Harrison and posse, and all the plunder was found in his possession. He acknowledged his guilt and said that if it had been any- body but Harrison he would have fought to the death. The affalr creat- ed a tremendous sensation on account of Colwell’s youth and the high regard felt throughout the community for his family. In the latter part of December, a few days before Sheriff Harrison resigned his office to Taylor, saws were smug- gled into Colwell and he managed to cut two bars of his cell window almost through before the change came in the shrievalty. Since then he has man- aged to sever two more. A few days ago he sent for Sheriff Taylor and without a word took that official to the window and showed him the work. Then he went to his bunk and produced the saws with which it had been done. In reply to the aston- ished Sheriff's inquiry as to why he had not gone on and made his escape, and I haven't forgotten it. The tempta- tion was great, but I reflected that if I got away at the beginning of your term it would hurt you in the eyes of the public. If Harrison had lasted two days longer nobody around here would ever have heard of me again.” He was placed in another cell and the number of those admitted to see him appreciably reduced. Many believe Colwell thought he could never get out of the country and acquainted Taylor of his intended escape as a kind of “grand stand play,” which he thought would cause Taylor to make a plea for a light sentence from Judge An- gellotti. They base their opinion on the fact that Colwell tried this game on Ex-Sheriff Harrison when he was ar- rested by saying that he would have killed anybody else that had tried to arrest him. Despite this evidence of friendship, he admits he would have made his escape if Harrison had “last- ed two days longer.” The youthful highwayman’s case comes up in court on the 30th inst. It is said he intended to change his plea to guilty, but Attorney J. W. Cochrane asserts that his client will now stand trial. WALTERS WILL BE ARRAIGNED TO-DAY Preliminary Examination of the Slayer of Alfred Cook at Napa. NAPA, Jan, 25.—In view of the large at- tendance expected the preliminary ex- amination of Jesse Walters, charged with the murder of Alfred Cook, will be held to-morrow morning in the rooms of the Superior Court instead of Justice Brad- ford's courtrcom. In the opinion of District Attorney Bell ‘Walters’ hearing will not take more than a day, though Attorney Beerstecher of the defense declares it probably will re- quire more time. I. Metcalf, who was negotlating with ex-Sheriff McKenzi8 for a horse in the latter’s stable at the time Cook was kill- ed, will be the first witness called by the prosecution. It is stated no new witnesses will be called in this case, though in the case of McKenzie new and important tes- timony will be submitted by persons who did not appear before the Coroner’s jury. McKenzie's examination probably will continue several days. Attorney Beerstecher said this after- noon that his course in the proceedings to-morrow would be largely governed by the action of the prosecution. No wit- nesses have yet been subpenaed for the defense. Whether any are called at all for the preliminary examination will de- pend on developments. McKenzie has not yet been able to pro- cure the $25,000 required for his release, though he has been out each day, accom. by a Deputy Sheriff, seeking ?lillrelxlfilds who are wnflng to go on his bond. i Gales in the Mountains. SAN DIEGO, Jan. 25.—A severe wind- revailing in the mountains back gtfortl}r\llshc'l)ty. and several buildings have been blown down. 0000090000000 00800 The Swnday Call, 82 pages, delivered at yowur home by mail or carrier for $§150 a year. Sub- geribe for it 60000606000660006000 PO OOOOO LR RS ® LATE SHIPPING INTELLIGENOCE. ARRIVED. Wednesday, January 35. Schr Maxim, Olsen, 24 hours from Caspar. Stmr Polnt ‘Arena, Hansen, — hours from Mendocino, via Point Arena 11 hours. Stmr. Alice Blanchard, Hall, 62 hours from T SAILED. ednesgay, Junuary 3. stmr Nippon Maru, Evans, Hongkong, Vs B caotalu ang Yokohama. ¥ TRANSATLANTIC STEAMERS. NEW YORK—Arrived Jan 2—Stmr_ La Champagne, from Antwerp. S Sailed Jan 2—Stmr Paris, for Southampton; stmr Friesland, for Antwerp; stmr Teutonfc, for Liverpool. ) LISBON—Salled Jan %5—Stmr Peninsular, for New York. GENOA—Arrived Jan 25—Stmr Karamnia, for New York. | At Wyoming’s Capital the Election | {in the Union 'army and was mustered out in ‘1865; settled in Wheeling. and | REPUBLICANS WIN IN WEST VIRGINIA Nathan Bay Scott Gets the Toga. GIVEN A MAIORITY OF ONE | QUAY FAILS TO MAEKE GAINS IN PENNSYLVANIA. | | of C. D. Clark Is Formally ‘ Ratified in Joint Session. Special Dispatch to The Call. CHARLESTON, -W. Va., Jan. 25.— Scott was elected United States Sena- | tor to-day in the joint Assembly. He | received 48 votes, McGraw 46 and Goff 1. Necessary to elect, 48. One seat in | the Senate and one in the House were | vacant. Thomas voted first for Bliz- | zard and afterward changed his vote | ta Scott. The announcement was re- ceived with the wildest applause. Both Senate and House to-day ac-| cepted the resolution suspending action | in all fairly contested cases until Feb- ruary 7, and suspending Senator Baker in the meantime. This is the result of an agreement between the two parties and leaves the Republicans a majority of three on joint ballot. RAILS FROM SAN JOSE TO ALVISO New Road May Soon Be Constructed. PLANS OF ITS PROMOTERS ARE ENDEAVORING TO OBTAIN STOCK SUBSCRIPTIONS. Have Obtained Rights of Way and Terminals, and the Line May Be Completed Before Autumn, Special Dispatch to The Call. SAN JOSE, Jan. 25.—In all probability San Jose and Alviso will be connected by a railroad before the close of the coming summer. The survey was com- pleted and the grade stakes set two years ago for the Santa Clara Valley Railway between the two places, and the rails, iron, tools, fish-plates, and ties have been stored at since that time. A right of way for the entire distance of nine miles, with the exception of 500 feet, has been ob- tained. An acre and a half of ground on North First street, within two blocks of the Hotel Vendome, will be the ter- minal and depot grounds in this city At Alviso the company owns sixty- acres of water front, giving it a front- Nathan Bay Scott was born in Guern- sey County, Ohio, in 1842. shortly afterward he went to work as an employe of the Central Glass Com- pany. In a short time he was em- ployed as manager and soon afterward was elected president of the companv. which position he filled for years. He served two years as president of the second branch of the City Council of Whetling. He was elected, in 1882, as | a member of the State Senate. and again in 1888, serving eight years. In the last race he defeated Hon. John O. Pendleton in a strongly Democratic | district, Mr. Pendleton being afterward elected to Congress. While a member of the Senate he passed the mutual savings bank law of the State. For five years he was West Virginia’s mem- ber of the Republican National Com- mittee, and during the entire time was a member of the executive committee. During the campaign of 1896 he was| selected by President McKinley to serve | with General Powell Clayton and Vice | President Hobart in the headquarters | in New York City. In recognition of his services, President McKihley ap- pointed him commissioner of internal revenue. He organized the first sav- ings bank in the State of West Vir- ginia, and is still president of that in- stitution. 4 HARRISBURG, Pa., Jan. 25.—Result of the seventh joint ballot for United States Senator: Quay, 104; Jenks, 79; Dalzell, 16; Stone, 7; Stewart, 8; Huff, b; rest scattering; total, 234; necessary to a choice, 118; paired, 18. For the first time since the voting for United States Senator began every ab- sentee Was paired to-day, so that there were no votes lost. Every member of the Senate and the House ‘was either present and voting ar.paired. To-day’s changes were Edminston from Hale to Dalzell; Reed from Huff to Rider; Stall from Stone to Huff; Stradling from Dowling to Riter; Holswarth from Irvin to Riter. The Democrats voted solidly for Jenks. Two of the anti- Quay Republicans voted for Frank M. Riter of Philadelphia, director of the department of public safety. After Lieutenant Governor Gohin had an- nounced that there was no election the convention adjourned. DOVER, Del., Jan. 25.—Result of the thirteenth and fourteenth ballots for United .States Senator taken in joint session at noon to-day: Gray (Dem.), 15; Addicks (Rep.), 15; Henry A. Du- pont (Regular Rep.), 14; Handy (Silver Dem.), 5; absent, 3; total, 49; necessary to a choice, 25. No election. CHEYENNE, Wyo., Jan. 25.—The election of C. D. Clark as United States Senator, which took place yesterday, was formally ratified in joint session of the Legislature to-day. LINCOLN, Neb.,Jan. 25.—Allen polled within one of the full fusion strength in the Legislature to-day, one Popuiist being absent. Hayward lost two and Valentine again appeared in the list of those voted for. The ballot resulted as follows: Allen, 58; Hayward, 41; Web- ster, 10; Thompson, 7; Lambertson, 13 Reese, 2; Hinshaw, 1; Weston, 4; Foss, 2; Adams, 1; Cornish, 1; Vanduzen, 1; Valentine, 1. GILLESPIE IS STILL AMONG THE MISSING Nevada Legislator Who Disappeared Before the Vote for Senator ‘Was Taken. CARSON, Nev., Jan. 25.—The Legisla- ture met to-day In joint session at 12 o'clock to read the journals of both houses and give the vote of the respective houses. At the conclusion of the reading of the journal Senator Comins made a | motion to cast ballots to confirm the elec- tion of the day before. This brought out both forces in arms and argument was in- dulged in. The Presldent finally declared the motion out of order and then decided that W. M. Stewart was the choice of the two houses and was duly elected United States Senator. In the Senate In the afternoon things warmed up. The contest between Boyle and McCullough came up and Senators Denton and Comins grew personal, calling each other everything but gentlemen. The seat contested by Lord vs. Conboie was | decided in Lord’s favor. i The talk of the House is the scandal re- garding the disappearance of Assembly- man Gillespie. When the vote was called gesterduy e was absent and he has not een located yet. A committee will meet to investigate, and it is liable to bring others into the muddle. Senator Stewart will give a reception at his home in this city on Saturday evening. He probably will leave for Washington on Sunday night. i MUNICIPAL WATER WORKS. San Luis Obispo Purchases a Com- plete System. S8AN LUIS OBISPO, Jan. 25.—The Trus- tees. of this city last night formally agreed with Messrs. Le Franc & Ryland, repre- sentatives of the San Luls Water Com- pany, for the sale of all property of the water company to the city for $50,000. This s the result of negotiations pending for many months. The company at one time asked for $125,000 for the works, but the citizens showed a determination to put in a system of their own and voted bonds for the purpose. The election was de- clared valdr%y the Supreme Court on g technicality, and a few months ago an- other election was held for the same pur- pose. Its validity was attacked and the matter again thrown into litigation. “Christian Science and Why I { He enlisted | | age of one and a half miles on the slough. The Santa. Clara Valley Railway Company was incorporated on August 26, 1895, with a capital stock of $100, 000. About half of this stock was sub- scribed and active operations com- menced. The right of way and ter- minals were procured and the material for the road purchased, and then the funds gave out and work had to be abandoned. Piper, Aden, Goodall & Co., owners of steamers on San Joaquin and | Sacramento rivers, are largely interest- ed in the project and are now endeavor- ing to obtain stock subscriptions amounting to $15,000 in this county to aid in finishing the road. If this can be done they agree to add a like sum, and claim that $30,000 will equip and put the road in running order. In case the stock be subscribed within sixty days they agree to commence Work within thirty days after that time. Be- sides the right of way and terminals there is nearly $40,000 worth of track material on hand. The funds raised will be devoted to laying track, equip- ing the road, building warehouses and dredging the channel along the water front at Alviso. At the meeting of the Board of Trade on Friday evening the directors will be asked to give their support to the pro- ject. H. R. Thayer, the secretary of the company, will be present and explain the situation. It is more than likely a mass meeting of citizens will be called in the near future to take some action toward raising the money. The completion of the road means a boom for San Jose. As it is, a great deal of freight is received and shipped by way of Alviso and this route has been the means of reducing railroad rates. ~ Assemblyman Arnerich has in- troduced a bill in the Legislature to ap- propriate $25,000 to improve Alviso har- bor, and should this become a law and the railroad be built, the Importance of ‘San Jose’s harbor would be in- creased a thousand fold. IN NEED OF ASSISTANCE. Survivor of the Old Bear Flag Party Now Destitute. NAPA, Jan. 2%.—Harvey Porterfield, now 70 years of age, who, with Ben Dewill ot Lake County and Harry Beason of Men- docino County, Is a survivor of the orig- inal Bear Flag party, which was organ- ized at Kelloggs Mill, three miles west of St. Helena, Napa County, in 1846, captur- ing Sonoma in June of the same year, now lives on a ranch on Carneros Creek in great poverty. The ranch is in his name, but is covered by a murigage to its full value. He is very feeble in health and almost incapable of locomotion. The old man is greatly in need of assistance, and the people of this_section advocate the petitioning of the Legislature for aid in making his last days happy. IT IS 'OUR SYSTEM HUDYAN will You have dreams. and peaceful sieep. You know that there are other men on ea ‘Wwho are more manly than you. HUDYAN remedlo-treatment for & week Will aiter this. You ought to be as strong as your next-door neighbor. HUDYAN will give you the vitality that it needs to make a whole man. But remember that it is only HUDYAN Yes, HUDYAN, that will do this. You wan§ to get rid of those shaking hands. Ask about the great remedio-treatment. You want to bs able to lock the world fairly in the face Ask about the great remedio-treatment. You want energy, snd you want life. Ask about that nd remedio-treatment. Free as the air you reathe are the circulars and testimonials. All vou heve to do is to ask for them. Write and ‘see to-day. THAT You are a weakling it needs no one to tell you, You cannot even walk with your head up. 'Get HUDYAN and you will be able to. Get the HUDYAN treatment and you will not know yourself in a week. But you are going frum bad to worse at this moment Stop! Yes, STOP! And stop this very minute, Fou ocan get HUDYAN 8s well to-day as you will be able to get it to-morrow. a man, and a good one! 5 > of curable diseases are cu All classes red at_the nd_old Hudson Medical Institute. re” circulars are fres, THAT IS ALL WRON ml;f i all Tt agare HUDYAN gives you sweet *“Thirty-Dey . Blood Cu: too, and if you will but describe your disease and e, an dot.:-tou @ chance to help you, you HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts., SAN FRANCISCO. 1 suffered from ca- tarrh; it got so bad I could not work; I used Ely’s Cream Balm and am entirely well.—A. C. Clarke, 341 Shawmut avenue, Boston, Mass. Cream Balm Is placed {nto the nostrils, spread over the membrane and is absorbed, Relfef is Broke Away From It,”” by Josephine Ourtis Woodbury, in next Sunday’s ROTTERDAM—Arrived Jan 2—Stmr Rotter- dam, from New York. Call, immediate and a cure follows. It is not dry- ing—does not produce sneezing. Large, 30ci Trial Size, 100 at Druggists or by mall. ELY BROTHERS, 66 Warren st., New York. L)