The San Francisco Call. Newspaper, December 18, 1900, Page 1

¢ o P g e Lib I'his Paper not to be taken from . VOLUME LXXXIX-NO. 18. SAN FRANCISCO, TUESDAY, DECEMBER 18, 1900. PRICE FIVE CENTS. STEAMSHIP FOUNDERS IN A STORM AND NINE MEN PERISH Alpha Crashes Upon the Rocks on the Eastern Coast of Vancouver Isl Captain F. M. Yorke and. >~— and Owner Samuel Barber Among the Victims of the Disaster. o BARARRE Special Dispatch to The Call. * 7.—The steam- £ Yellow ion Bay 7 o’clock on Nine of her g the captain jered near 1 owner, wh who the were EL BARBER, owner vi CAPTAIN Van- toria F. M. YORKE of Viec- ATTER- Chehalis ENGINEER M couver. RSER SULLIVAN SEAMAN CROSBY. AN UNKNOWN STOWAWAY. v < rke th t gales She tried n har. entrance oppost 1 1n headway giv storm could be the roc e steamer's engineers stayed m T the was made to and in try- rke and the th rincipal James H , an ad shipped at d to take a line of the It was mpts that the shore and was Then some of passengers ine. Finally shore. Y rber. by in an en- better been swept essel is entirely \ Al lob of Indiana M O | under water ¢ low tide and her cargo !s les along the shore up from the lighthouse. The water a half-dozen holes in her for three m and dowr pe 1 throug! ire £ 5 the work of rescue was go- A at the lightkeep- alance of Saturday Sunday until late in the was brought to Union The tug Czar brought ster to Vancouver at crew st it ight had no ir surance and was a at She was bulit thirts 2go at Halifax and was for many < engaged in the trade to Bermuda In the beginning of the Klondike rush she was brovght out and sold to Genelle & Barber, the latter being former manager Imperial Bank of Canada at ( gary The cargo was valued at $35.0% and was cwned by Jan & Tamura of Van- uver and carried n irance Since her ret h citing ex- ces in her ow had ok episcd For she was ¢ of com- 4 for a short time his ve fitable The « arrange affair were unsucces resort she accepted the 1e Orient. Intending afte arzo at Yokohama itc panese coasting trade almon. amounting to packed and before from this port with ker completed cargo in addition to t fisk so carried 350 tons of o ve many ors of . had been out thre lays s port before she was obliged to return to Victoria. There was something wrong w it was said her engl with. 5 her machinery and had been tampered Charges wers laid against the staff who had sald that the Alpha was un- seaworthy . received 2 ten weeks’ sentence for desertlon Only last Saturday the Alpha was pro- nounced seaworthy by Victoria inspectors and after more trouble in engaging a new complement of officers the ship started for the coal bunkers at Union B: to re- plenish her exhausted fuel supply. This trip ended in the final disaster SEATTLE, Dec. 17.—The Pacific Coast Company’s ste hip City of Topeka is ashore on Lynn Canal with a strong pros- pects that she will become a total wreck There was no loss of life. The Topeks left Skaguay In a blinding blizzard at 8 o'clock on Saturday morning, December | honor no breath of "scandal had beey 8. .At § o'clock in the afternoon, after hours spent in seeking shelter from the gale and snow Sullivans Island, only two hours' ordinary run from Skaguay. passengers were landed on the mainland, The Alert on her way to Juneau picked up part of them and took them to that city. The Flossie was immediately sent to the scene of the wreck. | en Batter In the Wall f a Jail and Quickly Hang a Prisoner. BOONY Dee —John e colored men impli- murder of He rs, was he courthouse yard by & m f a 1% men from Rock- port at ¢ ck this evering. Not a nd everyt! & was con- as if the execution had sanction of the law ace this aft- rge of Sheriff Upon his arrival prese know was fter 6 through to the jail and demand- prisoner be turned over to o'clock about the Sheriff Hudson was out of town, and his erry, was in charge ad heard that a mob was ay here and at once made an ef- on its w ‘ o ge soner out of town to him psville, bur before this | be accomplished the mob had ar- and the futility of the attempt be- apparent. He declined to give up vs of the jail and the members of b at once began to batter in the f the jall with a telegraph pole, was handled by a dogen or more As soon as a hole large enough to body of a man was battered I six members of the mob t gh with sledge hammers ke down the door of Rolia’s cell. the jail the megro coyld hear the ds of the battering-ram as it pounded and he lay upon the floor his cell in an agony of fear. When the men reached his cell he pro- his innocence in loud tones, beg- the L the w down the wall | on the second floor | the principal | e | ®ing piteously to be spared The men working at the door of the cell might have been deaf, judging by the attention they paid to the wailing of the negro, Little time was used in breaking into the cell and very soon the thoroughly ter- rified negro was In the hands of his ex- | ecutioners, who placed a rope around his | neck. Al left, crawling again through | the hole by which they had entered, drag- ging the negro after them. A few minutes' time was consumed in the march to the jail yard, where the rope was thrown over the imb of a tree and a hrndred willing hands pulled the rope and sent the negro's body flying into the air. The loose end of the rope was tied to a tree and as soon as the members of the mob were sure that their work had been | completed they left in as quiet a manner | as they had entered the town. None of the mob wore a mask. To all 1 | took part in the lynching. Not a shot was fired before or after the lynching, and ex- cept for the excited groups of men stand- | Ing on the street carners'a stranger would ; have known nothing of the tragedy that had just been enacted. Citizens of Boonville made no effort to aesist in the protection of the negro and a number quietly admitted that the citizens generally were in sympathy with the work of the mob. Judge Swan of the Warwick County Circuit Conrt sought to prevent violence, but the members of the mob ignored him and proceeded with the work. Members of the mob came to Boon- ville in wagons, buggies and on horseback. Their rigs were left in a grove a half mile out cf town and the men marched in columns of twos under the command of three men who had evidently been select- i ed as leaders. of engineers and Chisf Engineer Gordon, | she struck the beach of and a half The appearances men of every station in life | FM ANGELOTTE therefore denies upon information and belief S i that sald publication mentioned In the com- i plaint concerning plaintiff was or is entirely or HE trial of the suit for libel in- |at all false or malicious, or scandalous or de- | stituted by Baron J. H. vona |famatory, or all or any of them, or against Schroeder against The Call has | 't “r“‘x‘:‘:m“‘;‘"_“ o 1 O FAUSILO OF e commenced at San Rafael before | That plaintiff is informed and belleves and ! Superfor Judge Angellottl and | therefore denies upon information and belief a jury. In this suit Baron von Schroe- | that by reason of sald or any printing or pub- | 3 lication, or printing and publication or circu- | der =sues for 320,000 damages for the | y.p “or printing and publication and circul publication of an article which he | tion of sald or any false or malicious or n- Neges defam hiz character, injured | dalens or defamatory or .'lfr'v\' words whs\l"‘; or | f o N enat s Nk repn | SHMTwh At all plaintiff has been exposed to 55 Desighee ‘a0l _ DiFCHCIRE s o bloquy or hatred or cobithms er to any of tation. ~ The artic pon which BAron i ham “or has sustained great or any injury von Schroeder bases his suit was pub- | whatever to his good rame or any name or lished in The Call on October 25, 1399. In | fame or credit or reputation, or all of any of obedience to 'ts duty as a protector fof | th¢M. to his damage ia ths sum of §280,000 or i | any sum of money whatevet, ir otéprwise, or public morals and the reputations of hén- | y1a¢ plaintift was dam AL On TR est women. this paper published certain | Further answering ‘complaint, this de- facts in the life of Von Schroeder. With his private acts and conduct of dally life | this paper was not concerned until in his actions and from his position he became | AGAINST THE CALL for the Defense Testify of Episodes at the Hotel Rafael. VON SCHROEDER SUBMITS HIS CLAIM FOR DAMAGES WITHOUT TAKING THE STAND TO DEFEND HIS NAME Trial of His Suit for Libel Against This Paper Begins Before Judge Angellotti and a Jury-—Witnéss:% SNSRN e SSSSSa s B s e T’ ConsuLTs v ATTORNEYS F. F. Preston, his attorney, and answering the complaint of the above-named plaintiff, for answer says: That defendant admits the publication of the article as set forth in the complaint of plain- LAY, That defendant is Informed and believes and therefore denies on Information and bellef that the samg was false, or malicious, or scandal- ous, or Mefamatory, or all or any of them, or agdinst the good name or reputation of the said plaintiff. That defendant is informed and belleves and fendane avers that he i informed and believes and therefore alleges upon Information and | beltet that all of the statements contathed in snid article published by defendant of and con- rming plaintiff as set forth in the complaint + true, and defendant Is informed and fur- a menace to soclety. It then became the | & true, duty of this paper to expose him, and this [ 5 5™ was done. He now asks damages for that i o s s expose. That, to wit, during the months of May, In a variety of ways Von Schroeder had made himself offensive to reputable guests His manner of life | of the Hotel Rafael had bred scandal at the hotel and had in- | jured its good name to such a degree that | the lessee found his business Interests se- riously in jeopardy Women against whosa June, July and August, 1898, during the height of the season for the patronage of the sald hotel, Hotel Rafael, the sald plaintiff did b bitually at night resort to the clubroom at tached to the said Hotel Rafael and forming a part thereof. That In company with certain women who were guests of and then residing at the sald Hotel Rafael, no one of whom was the wife of plaintiff, safd plaintiff and certain male assoclates did gamble during the night for money in a game of cards calléd poker. raised found themselves through the con- | That during said game it was the habit of duct of Von Schroeder in an environment which ther injury to innocent people should not be done The Call published the facts, A complete and most searching investiga- shocked them. tion was made, and the facts were made | public only after absolute verification. Bhortly after the publication Baron von it b el ie i leinlelol-@) | Schroeder instituted proceedings before DERER LYNCHED IN A COURTHOUSE YARD the Grand Jury of Marin County, with a | view to holding the proprietor of this pa- | per criminally responsible.. The facts were presented under oath, testimony explain- ing the motive of The Call was submitted | and seventeen members of the jury voted that the publicationof Von Schroeder’s de- linquencies, as a matter of public policy, had been justified. | Baron von Schroeder then prepared to prosecute his civil sult for damages against The Call. In presenting his case yesterday he had no witnesses. He had been accused of offenses which, if true, dishonor him In the opinion of decent men, but he did not go upon the witness stand in defense of his name. He had gullty, makes him an enemy to soclety, against whom the hands of honorable men and honest women should be raised, yet he did not become a witness and submit himself to the cross-examination of his accusers. He rested his case with the presentation of the article In which he claims his character was assalled. The Call then began the submission of the testimony which has been accumu- lated in defense. This evidence had re- lation yesterday to the manner in which the article was prepared and to the motive which prompted its publication. The facts | of verification were recited and testimony | was submitted to prove that no element of malice entered into the purpose of The | Call to expose a man who had made him- | seif dangerous to the community. The trial will be resumed to-day, when further evidence will be introduced to justify the publication of the article upon which Von Schroeder bmses his suit, for libel. Defendant’s Answer. Falling to secure an indictment of the proprietor of The Call for criminal libel, Baron von Schroeder began a civil action against him, charging him with libel and asking for $350,000 damages, alleging that his reputation and standing in the com- munity had suffered to that extent. The defendant’s ansger, filed with the County Clerk of Marin County some time since and offered by counsel yesterday and erdered filed as a part of the record, is follows: In the Superior Court of the County of Marin, State of California—J. H. von Schroeder, plaintiff, vs. John D, Spreckels, defendant. g No. 2084, | Now comes the above-named defendant, by In order that fur- been charged with conduct which, i he is’ | the plaintiff and the sald men and women to drink numerous bottles of champagne, some of which were pald for by the women, and dur- ing which time the sald women did become very Intoxicated. That by reason of sald in- toxication and the conduct of the plaintiff and. | uis male assoclates large amounts of glass and dishes and bottles were broken and thrown upon the floor In a nolsy and bolsterous man- ner, and were also thrown after such break- ing from the windows of the sald clubrooms upon the roof adjoining, and the nolse of said drunken revelry proceeding from the sald par- tles gambling and drinking as aforesald did create great scandal and did annoy the guests of sald Hotel Rafiel who wished to sleep, and in gonsequence of such conduct guests of sald hotel did depart, and the business of sald hotel | And R..H. Warfield, the lessee and manager thereof, was injured. That ‘on one occasion, in to wit, the month of July, ‘1898, the sald plaintift did cause an unmarried woman, then a guest of and resid- ing at the said hotel, but whose father resides in the city and county of San Francisco, State of California, to become so helplessly drunk ond intoxicated in said clubroom attached. to eald hotel that it became necessary to send in haste for a physiclan to attend said woman, and after the attendance of said physician it aid become necessary to carry sald woman to her room in sald hotel, which sald conduct of sald plaintiff did cause great scandal. That, to wit, during the month of July, 189, the said plaintift did, in company,with a ma ried woman, not the wife of plaintiff, then a guest of and residing at sald hotel, leave said Hotel Rafael and ride to & spot on the road about one mile back of sald hotel, and then and there the said plaintiff and the sald woman did indulge in certain lewd and lascivious be- havior and the sald plaintiff did then and there commit acts of gross indecency In the presence of a servant of the said hotel, who then and there observed the same and upon his return to the said hotel did repeat the scene witnessed as aforesald. ‘Women Induced to Drink. That during the months of July and August, 1598, and at other times during the sald year 1595, the said plaintift did on numerous occa- slons Induce women guests then residing at sald Hotel Rafael to leave said hotel and to ccompany him, the plaintiff, to a place of re- sort upon a road about three or four miles from the said Hotel Rafael kept by one Pas- torl. That while at sald Pastori’s the satd Jlaintiff did induce the sald women guests aforesald to drink intoxicating liquors in such quantities that sald women guests became In- toxicated and with the plaintiff would return in an intoxicated. condition to the sald Hotel Rufael at late and unseemly hours of the night. TEat during the year 1898, in, to wit, the month of August of that vear, eald plaintift aid induce an unmarried woman then a guest of and residing at the sald Hotel Rafael, but whose father resided in the city and county of San Francisco, State aforesald, and who 1s the same unmarried woman heretofore men- tioned as having been caused to drink until it was necessary to send for-a doctor, to go with him to sald Pastori's, and while there did induce the sald unmarried woman to drink to such an extent that sald unmarried woman became very intoxicated and was brought back by sald plaintiff to the sald Hotel Rafael at a late hour in the night and was pushed along the corridor of said Hotel Rafael by the said plaintiff. who, (rm time to time. Teiéed his to assist him in forcing said unmarried ‘woman along sald corridor with said knee. Visits to Wayside Houses. That during safd year 138 the sald plaintifr. did repeatedly, either by himself "ué in com- =~ g9 Ads0~ES B A A or INOIFFERENCE. Janes TCocrtiany . - Y w Ifi T | 7 "":v% iy 7 HEnies ~ : o~ J W v 3 € CHRUEDP 2 A e PROTHER ALEAMS. = S s S THE TRIAL OF BARON J. H. VON SCHROEDER'S SUIT FOR LIBEL AGAINST THE CALL BEGAN YESTER- DAY AT SAN RAFAEL BEFORE JUDGE ANGELLOTTI AND A JURY. THE PLAINTIFF RESTED HIS CASE WITH THE SUBMISSION OF THE ARTICLE UPON WHICH HE BASES HIS CLATM. - 3 pany with male assoclates, induce a married woman, not the wife of plaintiff. and her sis- tar, an unmarried woman, who were then and there guests of the said Hotel Ratfael, and then residing at said hotel, to leave sald hotel and to accompany him and them to said Pas- tort's, and they did then and there engage in botsterous revelry and did drink large quan- titles of Intoxicating liquor or wine to sueh a degree that sald married woman and the eaid unmarried woman, her sister, would be- come intoxicated and heipless, and In such | intoxicated condition plaintiff would bring sald women back to sald Hotel Rafael at ui- seemly hours. That on onme occasion in said year 1598 the sald women were discovered at eald Pastorf's by a guest of said Hotel Rafael in a state of helpless intoxication, who, pity- ing their condition, brought them home to the sald hotel in a véhicle which he, the said guest, waus driving. Defendant further alleges uj ke Informa- tion and bellef that during the year 1598 and while the wife of the sald plaintiff was a guest of the sald hotel, the sald plaintiff daid engage in lewd and lascivious conduct with a married woman, not his wife, - then and there a guest of said Hotel Rafael, and that for the purpose of indulging in such cgnduet the sald plaintift aid visit the room of said mar- riled woman In the Hotel Rafael, eald married woman being then and there a guest of sald hotel as aforesaid, and for the purpose of preventing the wife of said plaintiff from becoming acquainted with the facts of plaintiff's conduct, plaintiff did em- ploy a servant then and there employed in the sald Hotel Rafael to watch the wife of sald plaintiff and to warn plaintiff. should the Wife of said plaintiff discover the whereabouts of plaintiff. That each and every of the acts hereinbelore mentioned brought scandal upon the said Hotel Rafael, and did destroy the reputation of the eald Hotel Rafael as a reputable resort, and did cause respectabls men and virtuous women to withdraw their, patronage from the sald hotel, and did prevent reéspectable men and virtuous women from becoming guests of the said Hotel Rafael. Gaming in Clubroom. Detendant s informed and believes and fur- ther alleges upcn information and bellef. That to wit, during the months. of' May, June, July and August, 1899, during the height of the season for the patronage of the said Hotel Rafael, the said plaintiff 4id habitually at night resort to the clubroom attached to the sald Hotel Rafael and forming a part thereof; that in company with certain women who were guests of and thén residing at the sald Hotel Rafael, no one of whom was the wife of plaintiff, sald plaintiff and certain male associates did gamble during the night for money in a game of cards called poker. That during sald game it was the habit of the plaintift and the sald men and women to drink num- erous bottles of champagne, some of which were paid for by the women, and during which time sald women did become very much in- toxicated. That by reason of said intoxication and the conduct of the plaintiff and his male assoclates, large amounts of glass and dishes and bottles were broken and thrown upon the floor in a nolsy and bolsterous manner, and were also thrown after such breaking from windows of the sald clubhouse upon the roof adjoining, and the noise of sald drunken rev- elry proceeding from the sald parties gambling and drinking as’aforesaid did create great scandal and did annoy the guests of the sald Hotel Rafael who wished to sleep, and in con- sequence of such conduct guests of said hotel did depart and the business of sald hotel and of R H. Warfleld, the lessee and manager thereof, was injured. Unseemly Conduct Before Servants. That . on_one occasion, to wit, during the month of July, 189, the said plaintiff did al- low a certain married woman, not his wife, but who was then and there a guest of the #ald Hotel Rafael, and who was residing at said Hotel Rafael as euch, to sit upon his lap in sald clubhouse, and while the servant of sald clubroom was wine to the satd plaintiff and to the said plaintift dld place his hands the bosoms of sald marrfed woman and expose the same in the presence of said servant in said clubroom. That in the month of September, 1899, the said plaintift did by himself, in company male associates, induce a married woman, not the wife of plaintiff, and her sister, an un- married woman, who were then and there 3 and 4 o'clock in the morning, s of the sald Hotel Rafael and then re siding at sald Hotel Rafael as such, to leava said hotel and to accompany him and them to sald Pastori’s, and they did then and there engege in boisterous revelry and &d drink | large quantities of intoxicating liquor or wine to such a degree that sald married woman and the said unmarried woman, her sister, became Intoxicated and helpless, and in such intoxi- | cated condition plaintiff brought sald women back to the said Hotel Rafgel, 4t an unseemly hour. That on one oceasfon, In or about the month of September, 189, the sald plaintiff and a male associate, with the sald marrted woman not the wife of plaintiff, ‘and her said sister, | an unmarried woman, did hire a_ conveyance and drive out of the town of San Rafael; that they did not return to the town of San Rafael until 3 o'clock the following morning. What became of the sald married womaa and the male associate of the piaintiff this defendant does not know, but this defendant is Informed and belleves, and therefore allegés upon In- formation and belfef, that the sald unmarried woman, her sister as aforesaid, was left at a statie in the town of San Rafael by the said | plaintiff in an intoxieated condition, and that | thereafter sald unmfarried woman went to the | stable. of the said Hotel Rafael and wished to have ‘a horse belonging to -her then stabled in eald- stable harnessed in order that she | might driVe the same, dnd that sald cerfaln unmarried woman was so intoxicated that she | struck ‘matches about sald stable trying * find her horse. That after leaving the sald | woman at said stables, the said piaintiff re- | turred to the said Hotel Rafael by cutting acrces unoccupled land, and not by walking tpon the street. Wrath of Outraged Husband. That plaintiff some time during the year 1399, the exact period of which this defendant unable to state, was found In the room of a married woman, not his wife, who was then and there a guest of said Hotel Rafael, which | sald room was occupied or hired as a spare | room, and which had therein a folding bed. | That ‘the husband of said married woman, re- turning unexpectedly to the hotel, and finding the- plaintiff in sald room with his (said hus- band’'s) - wife, did become very angry created a disturbance, and did order the fold- ing bed to be taken from said room immedi- | ately. That the noise from- the clubroom heretofore | ‘mentioned, occasioned by the plaintiff and his | male and female assoclates, which female as- soctates were then and there guests of the sald | 1o Hotel Rafael, during the months of June and | July, 1899, was continued until unseemly hours, and on one occasion in or about the month of August, 1899, such revelry carried on by the plaintitt and his assoclates, as aforesald, was such an annoyance that the wife of the lessee of the said Hotel Rafael, sald lesses being then ab- sent from the premises, was obliged to arise trom her bed, go downstairs and order the servants to have the lights put out in the said clubroom, to the _end that the sald plain- tiff and his assoclates would disperse and stop said revelry, but that notwithstanding such instructions the said plaintiff did persuade the | sald servants not to extinguish said lights, but | to permit the said revelry to continue, and the sald revelry did then so continue. That in about one hour the sald wife of said lessee was obliged to again arise from her bed and again descend the stairs and peremptorily order the extinguishing of said® lights so that the said plaintiff and his male and female asso- clates could no longer carouse in sald club- room and thereby annoy the guests then and there living at the said Hotel Rafael ‘Women Stared at and Ogled. That at all times during the sald vears 1398 and 1899 it was the custom of the plaintiff to stare at women in and about said Hotel Rafael, and by his manner and gaze to annoy and confuse them. That it was the custom of the plaintiff to place himself at the entrance of the ferry-boat running from San Francisco to Tiburon, there connecting with the traiu to San Rafael, where said Hotel Rafael Is situated, in order to stare at and ogle women. That he was notoriously free in making ad- vances and offering gratultous insuits to un- protected females, and that he did on at least ome occasion, to the knowledge of this defendant, as this defendant is informed and believes and therefore avers, - force himself upen ‘one married and two young unmarried ‘women in the omnibus of the Hotel Rafael and -+ | secure an introduction by the married one to the two unmarried women, whereupon the said PIAINtIf did express himself that he had at last secured an introduction to and acqua ance with said unmarried women. and ex- pressed the delight and pleasure which said opportunity gave him. That thereafter the reiatives of the sald un- rried women heard of the actlon of the sald plaint!fr, and wing his general character | and his actions at the said Flotel Rafael tha said reiatives did reprimand sald two youns unmarried women severally for being seen in plaint!ff’s company, and told them that no decent woman could afford to be seen speal ing with or in the company of plaintiff, who was a roue. Intrigue With Married Woman. That during the year 1889 and during the montha of, to wit, May and June, this defend- ant is informed and believes, and therefore avers, that a marrfed woman, not the wife of plaintiff, who was then and there a gus a the said hotel, and who wae ome of the women heretofore named as assoclating with the plaint!ff in the clubroom aforesald and elsewhere, did secure a room adjoining the room of plaintiff and connecting thes th, In the basement of maid Hotel Rafael. That thereafter the sald plaintiff removed his room in sald Motel, and at the eame time the said married woman aforesald Aid have her removed to a room adjoining the plaintiiTs and connecting therewith in said hotel Trat cach and every of the acts hereinbators mertioned brought scandal upon the said Hote Rafael. and did destroy the reputation of the sa1d hotel as a reputable resort, and did cause respectable men and virtuous women to wit draw their patronage from the said hotel 414 prevent respectable men and ‘women from becoming guests of the said hotel. Trat on other and sundry and divers occa- and virt sions during- the years 1308 and 1590 the said who were " plaintiff §id harass and annoy lad! guests of and ladles who were visitors at t said Hotel Rafael, and his general condu was such In comnection with his behavior toward women that it became generally known |that any woman who gave the plaintiff the opporturity would subject herself to improper advances or to an unpleasant acquaintance. TCareful Investigation Made. That defendant, further answering, and in mitigation' of damages, alleges that the pub- lication alleged in the complaint to be lbelous was made by the defendant after careful in- quiries from reliable sources as to the truth | of the facts therein alleged, and that at the tithe of such publication this defendant be- lieved from such information that the matters and things In such publication stated were true That such publication was made In the usua course of the business of publishing a news- paper by defendant. and that said defendant was not actuated by any {Il will or feeling of personal spite against said plaintiff, but that said publication was made from laudable mo- tives after full inquiry and Investigation as to the truth of the facts in said publication stated and In the belief that they are true Wherefore defendant prays that plaintiff taks notting by bis sutt, and for judgment of his costs. Baron Von Schroeder in Court. When the case was called at 1 o'clock yesterday afternoon, Baron von Schroe- der and his brother sat together directly beaind plaintiff's counsel, cogsisting of James G. Maguire, James L. Gallagher and E. B. Martinelll. The defendant was represented by D. M. Delmas, E. F. Pres- ton, J. W. Keyes, James W. Cochrane and Thomas P. Boyd as counsel. The courtroom was filled with interested spectators, mainly from San Rafael, but among them also being many from sur- rounding towns and from San Francisco Eleven jurors had previously been se- cured and the examination of other eiti- zens of the venire in order to select the twelfth proceeded. John Filippini was excused om the ground of sickness in his family. J. J. Gallagher of Nicaslo was called After stating the case to him in general Continued on Page Nine.