The San Francisco Call. Newspaper, January 27, 1899, Page 3

THE SAN FRANCISCO CALL, FRIDAY, JANUARY 27, 1899. THE FIGHT BEGUN FOR PRISON LABOR Knights and Wolfe Convict Champions of the Goods. Anderson’s Bill Against Crushed Rock From Penitentiaries to Be Assassinated and Nails Made by Free Men to Be Driven From ALL HEADQUARTERS, SACRA- | MENT0, J 26.—“The Republican | - of the State of California, in | ventia assembled, hereby de- | sel vict bor un .terably --vosed to con- being brought into compet tion with 1 labor and hereby pledge: itself in support of any measure de- signed to prote-t and foster free labor | and *ue Industries of our State against the evil effects o. convict labor. And we are in favor of the passage of s h laws as wi victs to be employed upon the public highways of this State, thereby with- drawing them from competition with free labor in all branches of industry.” | tract from the platform of the Re- publican party. The fight that was begun before this Legislature opened against the inter- sts of free labor and in favor of the te prison ring is on in dead earnest and it is not a single-handed affair, as the first assault begun in the Assembly would indicate. It is as well organized | and cleverly conceived a scheme as has ever looked to legislative enactment for its consummation and it behooves the | iends of the freeman to look well to | s interests. | The opening gun was fired when As- 3 Knights of Sacramento in- | uced on Wednesday an amendment to the bill offered in the Assembly by Sg tem. Alden Anderson of bill provided that the | rock turned out by the at Folsom should not be sold | ate contractors in cities, bul; ouly be sold to Boards of Su- visors for the purpose of building | ate roads. The amendment hts nullified the bill by pro- rock should be sold to contractors to be used on city | In other words Mr. Anderson ired to give the owner of a private a chance 10 make his legitimate | ro he rock | fvate profit and the free man who labored for him the opportunity to earn his de wage The amendment of Mr. Knights s intended to work to the end. e.bill and the amendment were re- ferred to the Committees on State Prisc and Labor and Capital and last evening they went on a junketing trip to Folsom State Prison. They werg Warden Aull, they were boun- | y dined and copiously wined and read his ready-made report. Then theéy went over the prison prop- erty, loohed at the dam, interviewed the | ck crush. and returned to the din- g-room to come to the conclusion that € crusher was the best friend the free has in the State. When they got here this morning (hey decided Mr. Anderson's bill should be amended by killing it and if present plans are followed they will so report to hous assassination but t of the Anderson e first step. The next is to be taken by Senator “Eddie” Wolfe of S en n Fr 0. Mr. Wolfe is at pres- gaged in “working hard,” as he it, in a letter to a friend, over a that has for its object the installa- of a wire nail making machine in each of the State prisons. The product of the machines is to enter into compe- tition with that now in the market, the product of free labor. Mr. Wolfe's bill bears all of the un- tures of a lead pipe cinch and lobby is expected here Every nail made to- its profit .to the trust in 1897, but every one t is turned out by a free who receives a salary above the men engaged in most r line of ordinary mechanics. st the pay of these men that ntends to direct the unpaid of the convict. That Mr. Woife's » the best interests of the t demonstrated by the cor- mdence that has passed back and tween the members, agents and 2r's of the Manufacturers’ and Pro- | tion and other commer- fal org of San Franc: When ceived the idea of prison Mr. Wolfe wrote to of one of San Fran- rgest wholesale and retail firms declaring his intention sking the price of nail making Legislature was | re man answered mediately made the the Manufacturers’ directed its mana- . to be on hand in Sac- but known ation Oscar Lewi to and 1t re to and use every honorable means to beat the bill. To accomplish | Mr. Lewis ig now in this city and with the combined committees visited Warden Aull yes- Tt h he was not prepared, de a hard fight against the kill- | the Anderson bill. but the the suav of the Prison | as more than he could over- e and he scored his first partial 3 He ever, not discour- ed and is making himself ready for e big fizht that is to come when Sen- or Wolfe attempis to override his rty platform and the interests of free | D lab »or with his little wire nail enact- ment. which is expected to appear in the Senate in the early part of next week. CAMINETTI IS LOOXING FOR THE MILLENNIUM ADQUARTERS, SACRA- 26.—Assemblyman Camin- etti of Amador has introduced in the As- embly an amendment to-the punty of election law which has for i doing away Wwith what is commonly ww as a “whisky campaign.” Mr. Caminett!’s amendment Is ~imed at the ing atll the custom of trea paign generosity and it makes any visions punishable by not less than one of more than vears. The clause which he has added to the taw is as follows: 315, The treating of or offering to treat, the | suying or offering to buy for, or the giving or | Sfering to give to Aany person, whether an | Yector or mot, by a candldate for public office | W the jurisdiction in which he is nominated herefor, any clgar. or any intoxicating bever- other cam- | seven Ige, or any beverage of a temperate character, it any saloon or other place, in any quantity ‘whatever. To their statement of campaign ex- 1se such con- | t { ME. | election, refuses | it 11, the Market. penditures nominees are required to affix the following oath: And I further solemnly swear that I have personally, or directly or indirectly, ough any other persons, since I was nomi- nated to said office, viz., on (insert date), and up to and including the ‘time of the “loaiog of the polls on said election day, treated, or of- bought or_offerei to buy for, red to give to any personm, Whether an elector or not, any cigar, intoxicating beverage, or ‘any beverage of a temperance character, in any quantity what- ever or at all, at any saloon or other place within the jurisdiction in which I was such ndidate. or any Mr. Caminetti’s bill is in the hands of he Committee on Election Laws. i e ' BELSHAW WANTS TO PURIFY ELECTIONS HEADQUARTERS, SACRA- TO, Jan. 26.—Assemblyman Belshaw of Contra Costa offered a bill In the As- sembly vesterday which is designed to promote the purity of primary elections. It provides that any person who acts as an election officer without having first been duly appointed and qualified as such CALL Is guilty of a felony and shall be pun- | Ished by imprisonment in the State prison for not less than two nor more than seven years, Every person charged with the per- formance of any duty relating to pri- mary elections who wilifully neglects or refuses to perform it or w..o in his official capacity. acts in contravention or viola- tion of any primary election law is pun- ishable by a fine not exceeding $1000 or by imprisonment for not more than five e 'S, or by both. Vvery person who, after being required by the board of judges at any primary be sworn, or being to answer any pertinent g?est!on propounded tlzurhlng the right any voter to vote, is v - demeanor. Sy oremty Every person who votes more than once Or casts more than one ballot or stuffs a ballot-box either before or after the votes have been counted, or who carries away or des any poll lists or ballots or ballot-box for the purpose of invalidat- election, is guilty of a ohes o o ma{ ulelnallyfgnd charge at- £ ¢ _election officer y any such infraction. « SyLegor The forging of election returns is made punishable by Imprisonment for not less than two nor more than ten years. Any person who gains a vote by menace, bribery, etc., is guilty of Every person who pays for or procures entertainment (drinks, etc.), in order to encourage voters to the pous is guilty of a misdemeanor. The bill has gone to the Committee on Election Law: sworn refuses e T I O’Brien Keeps His Seat. CALL HEADQUARTERS, SACRA- MENTO, Jan. 26—Assembly Committee on Contested Elections has decided that Daniel 8. O'Brien i entitled to retain his seat in the Assembly and its report will be to that effect to-morrow. Mr. O'Brien is the contestee in the case of Brophy against O'Brien for the office of Assem- blyman from the Thirty-first Assembly District. A recount of ballots was de- cided upon and the result was the gain- ing of one vote by O'Brien. The majority by which O'Brien was elected was &, and this one gained in the count brought up to 3. The attorneys of Brophy claimed that in the twelfth precinct pal- pable fraud was perpetrated while the % { election officers were In an intoxicated | S50 107 3} eaching purposes. The condition and asked to have that precinct thrown out. This was sustained by the committee, and in consequence the ma- Jority of O'Brien was brought down to 46. | s To Improve the Seawall. CALL HEADQUARTERS, SACRA- | MENTO, Jan. 26.—The Senate to-day de- voted a portion of the morning session to the discussion and consideration of Sen- ator Braunhart's bill, No. 54, providing for the issue of one million dollars’ worth | P of bonds by the State to improve, extend and construct a seawall in San Francisco harbor. The bill came up under second g, and an amendment was offered reducing the denomination of the bonds to $1000 or $100. The rate of interest to be paid is 4 per cent, and the people will, if the gislature so decides, vote on the propesition to issue the bonds at the next neral election. At 12 o'clock the bill was to-morrow morning it will again come up. The measure will undoubtedly be favor- ably passed upon by the upper house of the Legislature. —- Bills Acted On. ALL HEADQUARTERS, SACRA- NTO, Jan. 2.—The Assembly Judi- ciary Committee met to-night and rec- ommended the passage of the following bills: Bill 32, defining grand larceny; bill authorizing District Attorneys to bring suit to abate public nulsances, and bill 10, relating to the relief of John Mul- lan. The Mullan claim is $45,616 30, which was the percertage allotted to him for the collection for the State of' certain moneys from the United States for cquip- ments of volunteers who served in the re- bellion. Bill 165, relating to the transfer of lands, introduced by Wade, was sont back with an unfavorable recommenda- tion. Bill 102, which is creating a grea: deal of interest in banking circles, as it refers to trust deeds, was held over. 3ev- eral of the local bankers appeared betore (Re T?Slmmee -and spoke in opposition to the Dbill. —_— Shortridge as an Anti-Polygamist. CALL HEADQUARTERS, SACRA- MENTO, Jan. 26.—Senator Shortridge of Santa Clara County is unalterably op- posed to any polygamist holding high Federal positions. He introduced in the Senate this morning a joint resolution, in which unlawful cohabitation is condemned and the fact cited that Congressman Brigham H. Roberts of Utah has been | convicted of the offense and sentenced to prison. For this reason the resolution asks Congress to unseat him, The resolution also asks Congress to submit to the legislatures of the several States an amendment to the Federal con- stitution making a polygamist ineligible to public office and forbldding polygamy, e To Protect Females. CALL HEADQUARTERS, SACRA- MENTO, Jan. 2.—Senator Simpson has introduced a bill which increases the age of consent to 18 years, and defines what is to constitute the crime of rape. 1t g when the female is, through insanity, tem- orary or permanent, incapable of giv- ng legal consent; if she resists and is forced, by threats, the administration of | Ji narcotics, or by violence; where she |s unconscious of the act and the same kgown to the accused; or when she su ticed by the accused. To Help Insurance Companies. CALL HEADQUARTERS. SACRA- MENTO, Jan. 2.—8enator Cutter has in- troduced a bill in the Senate which is in- tended to foster mutual life and accident Insurance companies In that it provides till under discussion in the Senate, and | | | { | that after their deposit with the State Treasurer exceeds they may with- draw the excess and invest it in Interest bearing securitie: ¥ SR Hall’s Electric Wire Bill. CALL HEADQUARTERS, SACRA- MENTO, Jan. 26.—Senator Hall has con- cluded that it is the proper thing for electric light, telephone, telegraph and messenger-box corporations not to be per- mitted to place their wires or boxes on any bullding without the written consent of ‘the owner or agent of the owner. I any corporation should consider it to be the proper thing, to violate this act, there is a provision made that the offending corporation or {ts officers shall be fined $100 and pay liquidated damages in the sum of $10 per day for every day the wires or boxes are kept on the building after the owner or agent has given written notice demanding their removal. ——— To Reduce Interest. CALL HEADQUARTERS, SACRA- MENTO, Jan. 26.—If the views of the Sen- ate Committee on Judiclary meet with ‘| the favor of the Senate, Assembly and the Governor, the legal rate of interest in the State in_the future will be 6 per cent Instead of 7, as it is at present. The committee decided this afternoon to re- port favorably a bill bringing about this result. The committee also agreed to report fa- vorably a."glll denying trial by jury in vagrancy cases. This measure will be actively antagonized on the floor by Sen- ator Morehouse of Santa Clara. - To Protect Public Libraries. CALL HEADQUARTERS, SACRA- MENTO, Jan. 25.—Senator Trout intro- duced a bill making it a misdemeanor to deface or injure any book or piece of statuary in a public library. The Senator has also introduced a bill making it a misdemeanor for any person to withhold a book or magazine from a public library after the term for which it was withdrawn has expired. |CONVENTION OF NATIONAL LIVESTOCK. ASSOCIATION H. A. Jastro and Captain W. H. Mc- Kittrick of California Placed on Executive Committee. DENVER, Jan. 2%.—At the convention of the National Livestock Association to- day many intéresting addresses were made. The executive committee for next year was announced. The committee and alternates are as follows, the committee- man being named first: Alabama—A. E. Coffee. Arizona—Colin Cameron, J. V. Vickers. Arkansas—G. Fred Martin. California—H. A. Jastro, Captain W. H. McKittrick. Connecticut—Stevens Henry. 4y Sotorado—John W. Springer, G. F. Pat- ck. Georgia—R. E. Park. Idaho—J. D. Wood, R. B. Chattin. 1llinois—C. W. Towa—C. . I\Eansas—(‘ W. Melville, H. W. McAfee. Kentucky—Reuben Gentry. Missouri—J. R. Stoller, D. W. Rankin. Montana—John M. Holt, C. J. McNa- mara. Nebraska—Peter Jansen, M. A. Daugh- erty. Nevada—John Sparks, L. L. Bradley. New Mexico—N. C. McDonald. North Carolina—F. E. Emery. Oklahoma—W. T. Bolton, F. E. Mitchell B South Dakota—F. M. Stuart, J. M. Humphrey. Tennessce—Sam L. Warren. Texas—A. B. Robertson, A. G. Boyce. 1 a felony. | { | | | | | | i t‘: | Sister Stella second, Henry Launt third, mits with the belief that the person | 1" | committing the act is her hu!b&n; and this_bellef is adduced by artifice prac- ah- H. Collister, Jesse M. Smith, Virginia—John T. Cowen. Washington—T. S. Blyth, Grant Cope- a nd. ‘Wyoming—D. N. Stickney, PEASANTS USED FOR EXPERIMENTAL PURPOSES Condition Prevailing in Vienna’s Great General Hospital as Bad as London Disclosures. NEW YORK, Jan. 26.—A Philadelphia special to the Merald says: 'The dis- patch from' Léndon containing sensa- tional revelations concerning the ex- perimental methods in some of the free hospitals in Vienna was widely discussed in medical circles here. Dr. Elwood R. Kerby, a member of the Medico-Chirurgical College, and secretary of the County Medical So- ciety, spent two years at the general hospital in Vienna. “All the work in this great institu- tion, which is supported by the Gov- ernment and often has 3000 patientsy’ said Dr. Kerby, “is in the line of ex- Ora Haley. authority of the hospital is almost su- preme. Every corpse is posted and buried by the hospital at the Govern- ment’s expense. While I was taking a course at the general hospital thirty or forty persons, male and female, were inoculated with the germs of a loath- some disease that its initial lesion ! might be studied. This experiment was made on peasants and very poor peo- le. “In malarial cases, while the physi- cian and students were studying the germ, I have frequently seen patients suffer chill after chill before quinine was administered. Suits for malprac- tice are practically unknown in Vi- enna.” E e DIED IN POVERTY. End of One of the Best Known + Gamblers of Early Days. GILROY, Jan. 26.—Al Burke, an ,old- time gambler, well known all over the State, died this morning at the County Infirmary near San Jose. For over twenty vears Burke had resided in Gilroy. He was taken to the infirmary a few months ago to be properly cared for, as he had no relatives in this country, and his ad- vanced years made him almost helpless. Burke w born in Canada, and was al- most 80 years of age. He was a Mexican war veteran, a hero of Buena Vista. In early days he worked for John Parrott, who has since become rich. This was in the City of Mexico. He came to this State with ex-Mayor Bryant of San Fran- cisco, and_during the early gold excite- ment at Virginia City was a partner of “Bill” Briggs. By gambling and speculations he made considerable money. His purse was al- ways open, and when the Civil War broke out, being a sympathizer of the South, where he resided for a number of years, he gave $5000 to the Confederate fund ralsed in California. Burke had changed his name in early day His right name was Jean Beau- reau, as near as can be learned. The re- mains will be brought to Gilroy for inter- ment. gt DRIVING-WHEEL BURST. Santa Rosa Lighting Company’s Plant Badly Wrecked. ' SANTA ROSA, Jan. 26.—Early this morning the great driving wheel attached to the main shaft in the Santa Rosa Lighting Company’s plant burst with a noise that sounded like an explosion. Huge pleces of cast iron were hurled in all directions, badly wrecking the bufld- ing and part of the machinery. One arm of the wheel passed entirely through the side of the engine-house, across an alley. and crashed its way into an adjoining bull(’ln%: By a lucky chance no one was hurt. he financial loss will amount to several hundred dollars. - Racing at New Orleans. NEW ORLEANS, Jan. 2%.—Weather cloudy; track fast. Results: Seven furlongs—Belle of Memphis won, De- beide second, ‘Lady ‘Callahan third. " frime, 1: o §ix and a half furlongs—Sir Florlan won, Jim McCleary second, Pat Garrett third. Time; 211, Mile and an eighth, selling—Traged won, Time, 55%. One mile, selling—Deyo won, Celtic Bard second, Kitty Regentythird. Time, 1:4214. Six furlongs, seiling™>Jim Gore won, Egbart second, Miss Ross third. Time, 1:143. Seven furlongs—The Dragoon won, second, Naflor third. Time, 1:20%. e Suicide at Los Angeles. LOS ANGELES, Jan. 26.—Harassed by business troubles and debilitated by sick- ness, C. A. Saxton committed suicide on Fintan ‘Wednesday night by asphyxiation. Sax- ton and his wife came_ to this city some time ago from Milwaukee. He was the State manager for the Solar water-heat- ing system, and held this position until recently, when it was given to another. Tge loss of his position worried Saxton, as did other financial troubles, and he took his life while temporarily demented. - Stanford Class Election. PALO ALTO, Jan. 26.—The sophomore class met this afternoon and elected: the following officers: President, Phillip Wil- son; vice president, A. B. Btewart; sec- retary, Fred Drake: treasurer, F. Ham- ilton; ~historian, Miss Winifred Morgan; track manager, Arthur Stewart; baseball manager, Swindells; football man- ager, Howard Burmeister. Jacob Bragger’s Death. ANGELS CAMP, Jan. 2. — Coroner Buckley held an autopsy yesterdaj upon the body of Jacob Bragger, who was found dead Monday. The skull was close- ly examined, and also the brain. Both appeared to be in normal condition, and the verdict of the Coroner’s jury was ar~ proved. Sheriff Thorne has taken hold of the case and will sift it thoroughly. * S s Hou You Fen Dismissed. PEKING, Jan. 26.—An imperial decree has been published dismissing Hou You Fen from the directorate of railways for his maladministration and appointing Hsu Ching Cheng, a member of the Tsung Li Yamen to be director of rallways. The German and British Ministers in- WALTERS MAY - SOON BE GIVEN HIS FREEDOM Examination of Cook’s Alleged Slayer. METCALF'S WEAK TESTIMONY JUDGE THREATENS TO DIS- CHARGE THE PRISONER. Makes a Private Test With a Pistol tend to enter a protest agalnst this actions e Lost Bicyclists. PASO ROBLES, Jan. 26.—Teddy Hale, the champion six-day cyclist of Ireland, and his traveling companion, Frank Al- bert, arrived here last evening, having lost their route and taken a jaunt into the hills. They were in good trim, and started south about 11 a. m. They expect to reach Santa Barbara to-night. dogeisalid o Big Fire at Porus. KINGSTON, Jamaica, Jan. 26.—The town of Porus, the inland terminus of the central line of the Jamaican Railroad, has been almost destroyed by fire, involvirg heavy losses. There were no fatalines. The fire raged unopposed owing to want of water. —_——— Nearly Ready for Sea. SAN DIEGO, Jan. 2.—To-night it is re- ported that the crulser Philadelphia is nearly coaled and it is probable she will ge( away for Samoa to-morrow night or aturday morning. Israel Drew Dead. WASHINGTON, Jan. 2%.—Israel Drew, manager of Charles Frohman's “Secret Service” Company, was found dead in his sleeper on the Atlantic Coast Line train, which reached here to-day. HORSL-PLAY IN A TANK. Fast and Furious.Water Polo. There was a large githering of mem- bers at the Olympic Club on Wednes- day evening, potato race, and the first of the new se- ries of three games between the water< polo teams, the Bull Frogs and the Polly- wogs, which are made up as follows: Bull Frogs. Position. Pollywogs. A. E. Cooper......Forward. 5. A. Hinkel W. 8. Taylor (c.). Centerforward.G. Habernicht A.W. Taylor..... Forward. C. Melrose 3. Coftroth. *Back... W. Pape G. Croal . J. Phillips George James Though the rules clearly state that a game of water polo shall consist of two fifteen minute halves, with three minutes’ rest at half-time, the Bull Frogs loudly in- sisted that they would play for twenty minutes only, as the water in the tank was too cold to permit of longer immer- sion. Referee John Elliott reluctantly consented to the Bull Frogs’ proposition, and a fast and furious game was soon in progress. Ducking, scrimmaging and com- glaln!s of foul play were in order, the air elng filled with shouts and screams that almost drowned'the referee’s whistle. Af- ter n.fom had been gajned on both sides, one o n;yfiuy,wu attempted to dra; Goal-kee) \‘elin?flmo the tank, an got kicked on the ear for his pains. There- upon a storm of protest and recrimina- tion ensued, untll John Elliott wisely re- fused to referee such a game any longer, and the contest was called off, neither side being able to claim a victory. The water-polo game was preceded by a the following entered: Bush, Burgess, Klarman, Olsen, Stone, McCarty, Mona- ‘were twenty-five potutoes placed at inter- vals of one yard; the total distance to be traversed amounting to about 600 yards. After an_interesting and exciting con- test, G. Klarman took first place and F. Burgess second. The cross-country run, under the man- agement of Captain George James, will take place on Sunday, January 29. tending participants will take the 8 o'clock morning boat to Sausalito, and will run from Sausalito to Lime Point and return. Club have given the runners permission to use the club house to dress in and bathe from; after a swim the members will dine together. Probably between fifty and sixty members will take part in the run, among whom will be the follow- ing: George ' James, John A. Hammersmith, E. D. Moore, C. B. Reno, F. R. Butz, H. Monahan, J. F. Cunning- ham. H. M. Collins, F. Foster, L. X Werz, L. Pockwitz, N, A. Hewson, T. J. Curley, R. Schleuter, T. B. McGinnis, J. D. 8axe, A. W. Taylor, W. S. Taylor, J. Johnson, J. P. Jackson, A. Stone, C. T. Krellni. W. Herbert. W. Shea, J. W. Cof- ._Pearl, T. Dwyer, W. Hanrahan, d W. J. Kennedy. To-morrow night, Saturday, January 28, the entries close for the feather-weight (125 pounds) champlonshllp of the Pacific Coast. Entries have already been re- celved from the Acme Athletic Club, Oak- captain; Manhattan Athletic Club and the Olympic Club. The six-round preliminary ~ con- tests will be held in the club gymnasium on Wednesday evening, February 1, and the final contest on Wednesday evening, May 24. The winner will receive the Herman Oelrichs belt, valued at $100, and a gold medal, valued 'at $35, presented by the club. The handball tournament between teams representing the Acme and Reli- ance Athletic clubs of Oakland, and the Encinal Recreation Club of Alameda, will be played off early next month. —_——— YACHTSMEN CHOOSE OFFICERS. Corinthians Hold Their Annual Meet- ing and Election. The annual meeting of the Corinthian Yacht Club was held Wednesday night in Red Men's Hall, sixty or seventy mem- bers being present. Commodore Carl Westerfeld read his annual report, in which he detailed the principal events of the yachting season of 1898, and set forth the gresent condition of theyclub, Treasurer C. L. Barrett's report showed that the club is in a healthy financial condition, having 168 members (four of whom are honorary) on its list undmthree applications for membership on file. sloops, nine yawls, one schooner and five launches. here are also about seventy boats and canoes. are heing built. fe After the actin wood, had read h mitted by T. F. Tracy. A. J. Young and J. Short, the nominating committee, was put before the meeting. The following will gerve the club during 1899: Commodore Carl Westerfeld; vice commodore, W. Toepke; port vn{nuln. J. H. Keefe: Di rectors—T. L. Miller, C. L. Barrett, E. F. Sagar and A. I. Lyons; regatta commit- tee—J. H. Hopps, T. J. Kavanaugh and Douglas Erskine. An amendment to the secretary, Orlo East- the annual meeting instead of heing as at ost, as_were certaln other amendments proposed in a_jocular spirit by one of the elected officers made the members guests at an informal reunfon. Biograph Machine Again Explodes. Last night about midnight patrons of the Oberon were again treated to a novel feature which was not upon the bills. Tt was in the form of another explosion of the biograph machine while in the act of casting its last assortment of pictures on the canvas. As in the previous occur- rence, the burning celluloid-like films clouded the room with smoke and intense excitement prevailed. Willlam Schoeder, who operates the ma- chine and who was injured when the lan- tern previously went up in smoke, was thelr severely burned about the face and hands. the attractions being a | A. - Centerback. L. Hammersmitn | potato race in the gymnasium, for which | han, Kreling, Saunders and Conley. There | The directors of the San Francisco Yacht | land: the San Francisco Athletic Club, the | The fleet conslsts of thirty-three small boats, such as yachts' tenders, row- | Several new yachts | report the ticket sub- | effect that the treasurershall be elected at | resent appointed by the directors was | members. After the. meeting the newly | | portant witness. at the Spot Where the Murder took Place—McKenzie Re- leased. e Speclal Dispatch to The Call. NAPA, Jan. 26.—It was a bad day for the prosecution in the preliminary ex- amination of Jesse Walters, charged with the murder of Alfred Cook. I Metcalf, heretofore considered one of the strongest, if not the most im- portant, witness against Walters, gave testimony that caused exultation in the camp of the defense. It was that the first two shots fired in McKenzie's stable appeared to him t. have come from the box stall, in which Cook was killed, and he further testified that when he looked toward the place where Walters was standing he saw no smoke about Walters' pistol, nor any smoke coming from the box stall. His reason for thinking the shots came from with- in the box stall was that they sounded “dead.” ‘When the prosecution rested its case at the afternoon session Justice Wil- liam Bradford, before whom the hear- ing was being held, startled every one by announcing that unless the prosecu- | tion presented more evidence to show that Cook had been killed in cold blood he would discharge the prisoner. This caused District Attorney Bell to rise and charge the court with “talking a little rashly and recklessly.” An explanation followed by the Jus- tice to the effect that he had understood that when the prosecution rested its case and objected to certain testimony on behalf of the defense it was proposed to cut off the defense from submitting evidence altogether. On being assured that such was not the case he modified his original dictum and said he was prepared to hear the defense before rendering judgment in the matter. It is the confident belief of the de- fense, based on to-day's developments, that the release of Walters will be or- dered. They anticipate, however, that he will be immediately re-arrested. In fact, the District Attorney stated that had Walters been discharged to-day he would have had him brought before the Superior Court. = Should the ac- cused be held or discharged and rear- rested the defense intimates that it will resort to habeas corpus proceedings to secure the prisoner’s entire freedom or his release on bail. Attorney Beerstecher, who repre- sents Walters, made a significant ex- periment this afternoon immediately following the adjournment of the court. He procured a 38-caliber revolver, load- ed it with smokeless powder cartridges of the same make as those found in the weapon surrendered by Walters, and had it discharged at the spot where Jesse Walters is said to have stood by I Metcalf. He had Justice Caldwell stand in the position Metcalf stood, ac- cording to the latter’s testimony to- day, when he turned to see whence the first two shots had come on that fatal 5th of January. Tom Pickett fired two shots in quick succession, and as soon as Caldwell heard the first report he swung around toward Pickett, and declares he saw cmoke, though but a slight cloud, near the outstretched re- volver in the hand of Pickett. An em- | ploye of the stable witnessed the test and states that he also saw the smoke after the shots were fired. This testi- mony will be used by the defense to prove, in conjunction with the testi- mony of witness Metcalf, that Cook must have fired the first shots and that Walters only fired in self-defense. The defense sprung a surprise on the prosecution at the af- ternoon session of the court by serving a subpena on Sheriff Dunlap, demand- ing “that he produce in court the trunk and contents thereof, property in his lifetime of Mr. Al Cook, alias Al Door- man, now in your possession, and all property and effects of said deceased, including all papers. boolks, pictures and letters, in your possession or under your control.” This trunk is now in the possession of the Sheriff and is supposed to contain letters and other evidence showing the relations that existed betwean (Cook and Mrs. Walters. Among the ietters in the trunk the defense expects to find one written by Mrs. Walters to Cook jnforming the latter of the chance for employment in the stable of MeKenzie, It is known that among Cool in the trunk is a tintype of Mrs. Wa ters, sent to Cook while he was at Palo Alto. This will figure as an exhibit in the case. A contest is expected over the production of the trunk and its con- tents. Mrs. Walters was an interested and sad-faced spectator of the proceedines, but sat apart from her husband. The latter was conspicuously the most cheerful of the pair. Ex-Sheriff McKenzie succeeded to- day in securing bail and was released from custody. The sureties on his bond, which is for twice the sum of his bafl, and the amounts in which they qualified are as follows: F. Booreo. $3000; Ann Maher, $800; P. J. Seipel. $1000; Thomas McBain, $3000: Henry Brown, $2000; C. F. Hargrave, §5000: J. F. Zollner, $5000; George E. Goodman, 35000; Henry Fowler, $5000: Charles Reams, $1000; J. H. Shively, $1200; J. A. McClelland, $5000; C. Malandrino, $2000: Joseph Dixon, $ L. H. Gunn, $2500; M. C. Dillon, $5000; George Head. $3000. He experienced considerable difficulty in securing bondsmen, and many of his | sureties acted in that capacity simply out of regard for his sick wife. George A. Knight came up to-day and will aid in the defense of McKenzie should his services be deemed neces- sary. He was in attendance at the hearing. The court room was well | filled. Metcalf was the first and most im- He was the only per- son present at the Kkilling of Cook In | addition to Walters and McKenzie. He testified that on the morning of Thurs- day, January 5, he was passing Me- Kenzie's stable on his way home, when McKenzie, who was standing inside the stable, within about ten feet of the door. asked him to step inside and con- tinue negotiations concerning the ex- change of horses, which had been com- menced on the preceding Tuesday. About a minute later Walters came in and walked to the extreme rear of the stable opposite the box stall in which Cook was killed. Witness heard two shots, turned suddenly in the direc- tion from which they had seemed to come, and saw the accused facing the door of the box stall, and in his ex- tended hand a pistol aimed toward the box stall. He heard no remark made by Walters, but admitted that Walters might have greeted McKenzie without his hearing it, though he was inclined to think that no greeting had taken place. When his attentfon was drawn toward the point whence the shots had come, McKenzie was standing between 0 MRS WALTER S, FROM A TINTYPE Foumd i~ AL Coox's TRUNK, . i him and the box stall, about eight or | ten feet distant, with his pnack partly toward the witness. The shots ap-| peared to have come from the box | stall. He judged so from the dead | sound. The shots were close together. He ran from the stable as soon as he| realized that a shooting fracas was on, and went directly home. 1 Under cross-examination by Attorney | Beerstecher, Metcalf testified that Mc- Kenzie had urged him to enter the sta- ble and that he had demurred, stating that he had no time. He had no inten- tion of entering the stable until asked by McKenzie to do so.. He heard the reports very soon after Walters entered the stable. He thought from the re- ports that the shots came from the box stall frow their sound, but did not know who fired the shots. He saw no smoke about Walters' pistol, nor did he see any smoke'coming from the box stall. He saw no smoke anywhere. Walters pistol was not poked into the box stall. The accused was standing. three or four feet from the door of the box stall. Sheriff Dunlap reiterated his testi- mony given at the Coroner s inguest re- garding his being summoned to the scene of the tragedy and finding the re- volver at Cook’s side in a changed po- sition at a later inspection of the scene | from that which it had occupied when he first viewed the body and its sur- roundings. Coroner, R. M. Kyser, Dr. D. E. Os- born and Dr. Haun testified to the post- mortem examination and established the fact that death resulted from bul- let wounds. Dr. Haun testified there were no powder marks on Cook’s clothes. George W. Amen, a Deputy Sheri.f, gave evidence regarding the arrest of Walters and the latter’s sur- render of his revolver. He further tes- tified to having seen Walters lounging about the corner of Second and Main streets shortly before the shooting oc- | curred. This is about a block from McKenzie's stabies. Under Sheriff Daly testifled to havii received Walters’ pistol from ‘Amen, and to the powder from one of the shells having been ex- tracted for deterriining its character. Frank Weston, the complaining wit- ness, testified to his identification of the body of the slain man. J. Erring- ton, a former employe in the saloon of Jesse Walters at Oakville, testified to a meeting between Cook and Walters, near the saloon on December 26, 1896, and to a conversation between the two men. He had overheard only scraps of | the talk. Coek said: “I am not afraid | of any on Cook left town on the south-bound train a day or two after- ward: Subsequent to this he heard Walters remark while in the saloon, at the mention of Ceck’s name: “If the — — — ever comes back I'll kill him.” Witness had heard before the time of | the conversation that there was trouble between Cook and Walters. Sheriff Dunlap testified that he had employed William West to extract the powder from one of the shells in Wai- ters’ pistol and that the powder was | of a light color. William West stated | that the powder was of the smokeles kind. John C. Grigsby, who was Wal- ters’ barkeeper during the latter part of 1896 and the early months of 1897, | testified that one day he heard Cook to Walters, “To with you." Cook then walked away and Walters left in the opposite direction. He also had heard Walters remark in reference mind to Cook, “If he don’t business I'll make him. his own “Do you remember me,” asked District Attorn ‘that you recollected that Walt The — —— ——, if he meddies with my private affairs T will fix him?"” “Yes,” responded tho witness, “but 1 don't think he referred to Cook in thosc words. He might have meant them, be cause they were great enemies. The were having trouble right along for some days.” ‘““This is our case: the prosecution rests,” conclnded the District Attorney. Attorney Beerstecher made Grigsby a witness for the defense and attempt- ed to examine him regarding threats made by Cook agzainst Walters. Dis- trict Attorney Be'l objected on the ground that no foundation had been 1aid for evidence of this kind, which he sa'd was evidently intended to estab- lish self-defense. He objected to this testimony at that time. Justice Brad- ford failed to catch the point of Bell's objection, jumping to the concluslan that Bell was endeavoring to entirely shat out the defense from a hearing. This led him to make this brief and unexpected address to Bell: “I say now distinctly that have no more evidence I shall hold Mr. Walters to answer.” Bell flushed, rose to his feet and in- terrupted the court by saying, “T think. your Honor, you are talking a little rashly and recklessly.” His Honor was not to be stopped. however. “If you will give me some evidence.” he continued, “to show that Mr. Walters shot down Cook in cold blood, and will then give Walters a chance to answer your testimony.” Beerstecher here interrupted. *“1 understood your Honor to say that if the prosecution'had rested its case, and would introduce ' mo further e¢vidence in the case, consider- ing the evidence before your Honor, you were of the opinion that there is not sufficlent evidence to hold Mr. Walters for the crime of murder.” Bell attempted to get in a word, but it you never Justice Bradford shut him off, saying. “I understood Mr. Bell to say that he jJ:ss: WALTERS Z'—‘i had no further evidence to present and that he was going to stop the defense from getting in its side of the matter, but he afterward said that Walters | could bring in his defense, but that this witness” evidence was not admissible. I then said that unless the defendant was given a chance to put in evidence I would dismiss him, whether it was law or not.’ A general clearing up of the situation followed, and owing to the illness of Mrs. Ray of San Francisco, who was to have testified, the proceedings were postponed until 9:30 o'clock to-morrow morning. |INTERESTS THE PEOPLE OF THE PACIFIC COAST Additional Appropriations in the River and Harbor Bill for Needed Improvements. WASHINGTON, Jan. 2%.—The River and Harbor bill which will be passed in the House probably next Wednesday, under suspension of the rules, contains the fol- lowing appropriations in addition to those already reported: Improving Tillamook Bay and bar, Oregon, $17,00; improving Olympia Harbor,, Wash., $15,000; for the 8an Joaquin River, Cal., $20,000; Oregon, upper Columbia River, $5000; Coquille, $25,000; upper Coquille, $6000; Columbia, between mouth of Willamette and city of Vancouver, $40,000; gauging water Co- lumbia River, $100. Washington—Cowlitz River, $3000; Puget Sound and tributary waters, $20,000; Chehalis, $3000; Snoho- mish Slough, $20,000; Willapa River and harbor, $5000; Okanogan, $15,00. Prelim- inary surveys are authorized as follows: California—Napa River, Sonoma Creek, Suisun Creek, Crescent Bay, channel be- tween Straits of Carquinez and Golden Gate. Oregon—Snake River from Asotin, Wash., to mouth of Grand Ronde River, canal and locks at Willamette Falls with a view to ascertaining the desirability of their condemnation and purchase by the United States. Sepator Perkins to-day presented in the Senate a memorial indorsing his bill pro- hibiting the bu!ldlng and transportation of rafts on the Pacific Coast. By direction of the Assistant Secretary of War Private D. W. Wright, Hospital Corps, now at the Presidio, San Francis- co, and_Private Charles C. Gathings, Battery E, Third United States Artillery, Fort Mason, Cal., are discharged from the service of the United States. Pensions have been granted as follows: Californ Original—William K. Lane, | \'c‘(fl:uns' Home, Napa, $6; Edward Hicks, Folsom, $6; Charles D. Forsayth San 3 o, $12. Additional—Michael Mann, e liome, 8 0 812 Original widows ete.—Tiene Davidson. San Francisco,. $8. Oregon: Original—Marion Yount, Ash- jand, $6. Reissue—Thomas J. Thorp, For- est Grove, §30. WOES OF THE TENNANTS T0 BE AIRED IN COURT San Jose Society Agitated Over the Filing of a Divorce Suit by & Shining Light. SAN JOSE, Jan. 26.—For some time Mr. and Mrs. Frederick W. Tennant have not got along amicably together, and reports of a legal separation have been in circu- lation. To-day these rumors were verl- fled by the filing of a divorce suit by Clementina M. Tennant through her at- torneys, Morehouse & Hambly, against Frederick W. Tennant. The ground on which the action 1s brought is desertion. The plaintiff also wants half of the prop- erty and the custody of the minor chil- dren. The divorce suit will attract an unus- ual amount of attention because of the prominence of both rarties. Mrs. Tel nant is a daughter of Tax Collector W A. January, and before her marriage was one of the society belles of the city. Since then she and her husband have been equally prominent in soclal affairs. They were married in 1876 and have five children, two of whom are grown. Several years ago trouble occurred be- tween the couple, but it was smoothed over. Three years ago Tennant made a fiying trip to South Africa. He returned in a few months. He has spent but lit- tle time at home, and his wife has tired of this neglect and seeks relief from her marital vows. “The community property is valued at over $100,000, and consists of the Dash- away stables property on South Second strect,and large ranch on the Monterey road. Tennant served as a Deputy Eheriff for eight years under ex-Sheriffs Bollinger and Lyndon, and is one of the best known men In the county. —le— Yolo Sunday-School Union. ‘WOODLAND, Jan. 26.—The Yolo Coun- ty Sunday-school Union will be held in voodland March 7 and 8. “Christian Science and Why I Broke Away From It,” by Josephine Curtis Woodbury, in next Sunday’s Call.