The San Francisco Call. Newspaper, December 22, 1900, Page 2

@:5 cage? The onduct by an attempt that he certainly did not neerning when he D he un- s eves That press a man is 2 man whom ken the character of any Perjury Charged. { his lore argumeat Mr. witnesses for defendant, called g t 1 made ¢ ¥ xrlanations E d his b 1 for your attention and tion are willing to leave f the gentlemen are bmit it without argu- COCHRANE FOR THE DEFENDANT Plaintiff Failed to Denp Testi- mony as to His Im- moral Conduct. James W. Cochrane followe?” Mr. Ma- for the g argument in part with t I consider the me while T THE SAN FRANCISCO CALL, SATURDAY, DECEMBER 22, 1900. / e, — PENING ARGUMENTS OF COUNSEL IN VON SCHRO EDER say that the lady was not ¢ no glasses were broken ex health of the lady was toasted aence here were quite SE aked state- to scour perjurers upon his own ment, when he had ample the courlxulry and u:e{; n 1 single thin, ese kngw why he did not do 1%, could not find anything Not only has counsel assailed %o reput. tion of these men, but he even 8 tnesses J en who have lived In munity for years. Rebuttal Testimony. *Mr. Jewell gave most damaging testi- against plaintiff, and it Wasineces- sy & pm-!:‘;- to discredf him Michael Murray and Josph Murray, father and son, men who'hay been in the employ of Baron von Sdciro. der for a period covering tem or twel years, and who at this very time are & ing ma&mnufl to and from this coir: - room. hat else could be expected of them? Why did they not bring otler here, reputable citizens retired from bis ness? gecauu they could not find sic men in the community to attack Mr. Jew ell's character. “Other witnesses here are branded as perjurers simply because they could tot remember the particular day or hour b certain occurrences. Witness Balley is\a perjurer because he did not remember every case in what town he was at ce tain dates. When you find a witness w always remembers the day and the hou and the place I tell you more suspicion a taches to his testimony than if in some cases his memory had failed him. “An attempt has been made to show malice on the part of defendant by introduction of a orial published The Call of Octobe: Is there a single word in that editorial that does not mee the approvy this jury’ Ballard, 3 gave him five him know if clubhouse. Why should axious for such informat conducting himself with the p: from a man of his position? Plaintiff Fails to Deny. “Baron von Schroeder, gentlemen the stand in this case. Did he make attempt to deny any of the t the witnesses for the def throughout the whole course of listening to the nature of the t that was adduced, w of shame upon his W fac ception of a few generalities, Schroeder took the stand and in their statemen mony is an absolute testimony of the witnesse fense. He did not take make any attempt to deny the that occurred on Bell aven only in those cases, which under the , & & shoulder was thrown broken “Did this titled gentleman deny over champagne was consumed In the house at early hours of the morning y i e Iadies being present? Did this titled g e coforind tleman deny that he sat over In 3 o most extraor- clubhouse at all hours of the night a ALy au8 SEpals © has been a all hours of the morning drinking wir froy oo o o . with the ladies ana the ladies paying f rience brac 3 | wine? Did he make any attem - i - | that? Did he deny that he ga the ar hether or not we have lived up d it on the train coming from Sa- e e e R to you that » that defense is a matter for you to de- e day it was published. On Hv e e SoRarsFad the, gy ing this testimony Mr. Spreck gentlemen, when you retire to of the publication of that article 1 er alternativ 0 k from the face of ‘ beer g Act of Permanent Good. I to you that General Warfield his ‘wife, Mrs. Waifield, aid t t i’ societ rge an d when they brought these p i ang that Mr. Bpreckels, as € oprietor of a great pub- ubstantial good these facts known; ¥ paper statement of fac of an act « or substan- Our second e out- FALLS FROM CAR AND IS SEVERELY INJURED of the Joshua Hendy fell from a rapidly = nigk and was badly He was on his way home when st happened. The iInjured man French Hospital and many bruises dressed t night Mr. Neis was is a prominent man in on this coast and ‘form- v positions of prominence in Scenic Souvenirs Nothing like them anywhere. Local scenes on beautiful Crown China, Placques and Plates. Cliff House Fort Point Yosemite Old Missions Lick Observatory ‘Washington Capitol Qur Prices Just Like Finding Money. | (treat American Tmorting Tea o, CITY STORES. 210 Grant Ave., bet. Post and Sutten 861 Market St., opp. Powell. 140 Sixth 8t 1419 Polk St. 112 Third St. 1819 Devisadero St 146 Nioth 8St. 2008 Fillmore 8t. 8006 Sixteenth 8t. 521 Montgomery Aw 2516 Mission 8t. 8285 Mission St. 7085 Larkin St. 2732 24th St. 855 Hayes St. A75 Haight St. 52 Market St. OAKLAND STORES. |/ 10538 Washington St 1237 1185 28rd Ave. 6168 E. 12th 8¢. 1510 Seventh 8t. ALAMEDA—I355 Park St. GAN RAFAEL-B 8t.. -o-r‘lo-rg. mpiefofoooeetod oo | WASHINGTON, Dec s this defe —there can be no ¢ T P proved the truth of this publication and we nave justified it com- pletely 1 ned er the law of this State we iged to prove the truth of ev 1 this alleged libelous publ: e Court of this State do, s of proof from a de- E The is sufficient justified. That gentiemen that we ha ately within the meaning of there can be no dispute at ore ¥ 1 find a verdic . ice, either expres implied Actual malice, wh ation is mads through moti il; implied, when the article is libelous per se Absence of Malice. “Without the proof of that malice the action fails and he cannot re cover against my client here. Have th shown that Mr. Spreckels, the defe nt in this case, had any malice against this plaintiff? Have they shown that at an: time the defendant in this case ever | any manner or form acted in a malicious manner toward the plaintiff here? On the contrary, we pave shown here and we have pro to vou that the defendant in this case, within ten days prior to the publication of this article in question, ten days prior to the 25ih day of October, 1899, suppressed the publication of an article concerning the plaintiff here. He arose from his bed at 1 o'clock in the morning and went down to The ¢ ilding in San Francisco for the purpose of passing article. upon that you recall that te What was d 1 t timony ne? That w to use the language ckele—the artic! suppressed. 1 want to say to you further that un- der the evidence he t is now before when this article was o you Mr. Spreckels, published, was not in S: he never had any kn the publication of POLICE CATCH A BOY BURGLAR | Fondness for 'Pies and Cakes Leads to a Lad's Journey to Jail. Policeman Magee, who was on guard at | the new building being erected at Page | and Franklin streets last night, saw two boys prowling about the place in a sus- iclous manner and started after them. he boys ran and the policeman fired a shot in the alr, whereupon one of them stopped. The captured boy ave his name as George Donaghue and said he lived at 517 McAllister street. His part- ner’s name, he said, was Smith, and they both were engaged in stealing pies. and cakes from bakery wagons. Shortly after he was brought to_the po- lice station Fred Simmons of.728 McAllis- ter street éhtered the jail and said that pe had been held up out near the park and robbed of 5 cents. Donaghue. who is about 17 or age, as the highwayman. The police do not place much credence in Simmons’ identi- fication. —_——— INTERESTS THE COAST. Postoffice Changes and List of Pen- sions Granted. 21.—Postoffices es- tablished: California—Ele , Amador unty, Nathen R. Alis, Postmaster. Weshington—Berlin, g County, Ber- nard A. Baerlocher, tmaster. Discon- tinued December 51: California—Hengy, Butte County: send mall to Chérokee, Postmasters appointcd: Californin— Thomas Starbuck, Armada. Riversiaa County. vice H. A. McCoy, resigned; John | Bird, Firds Landing, Solano County, vice | Moritz Dinkelspeil, deceased; D. R. Trout, Boulder Creek, Santa Cruz Coun Eranklin Watcrs, removed; R. D. AW~ rence, Inglewood, Los Angeles County, { vice W. C. Kilby, rasigned. Washington—. J. H. Morrison, Ahtanum, Yakima County, vice J. Davis, resigned. Pensions issued—California: Original— William L: Cully, Vellejo, $6. Increase— James M. Hutchine, Yountville, $10. Oregon; _Original—Cluiborne M. Detone, Mayger. $5: John Wiskirchen, Etigena, $%. Two 21-foot aleohol vapor launches with five-horsepower motors have been pur- chased fcr use of the lighthouse service in San Diego ard Humboldt hays. Robert Whitside. owner of the big tree groves. has written Senator Perkine that he will confer with the Caltfornia delegation re.n&dlng the amount for which be will sfll the groves. The letter indicated that he will accept $125.000 for the praperty.. Senator Perkinz has cailed a mecting of the delagation to meet Whit- side and 1iscuss the matter, He identified | | ufacturer and a warm personal when he was returning on the train from Salinas to San Francisco in perusing the columns of The Call he discovered that art for the first time. The first knowl- edge he had ever gained on the subject was when he read that article in the col- umns of hi: Did Mr. m rel this information a Mr. Spreckels lis you, Mr. 1ls you that they were both personaily aequainted with General Warfield for several years; that Pe 18 a man of standing in the com- munity of San Fran . holding a_very prominent position in the National Guard of this State, known throughout the length and breadth of this State. General d. a man of that position and ac- quaintance in the State communicated these facts to Mr. Leake. “Was pot Mr. ake, as manager of thie paper, justified in taking the state ment from the 1 such a man? it not z per i mana ing for a great public journal, i pro- morals of this State and in de- of the reputation of the women of te, that when such facts were re- him by a man of the prominence iing of General Warfield to be- ) he had received that informa- tion from a sufficiently reliable authority to give it publication? Witnesses Not Impeached. “I was somewhat astonished at the statements of the learned counsel, Judge Maguire, concerning the witnesses for the defense.' ‘Every witness that took the stand for the defendant was a perjurer and ought to be behind prison bars.’ That is the statement made in effect by counsel for plaintiff in his argument covering a little over three hours. Upon what theory does counsel base such a statement? Upon w theory does he stand before this this jury and vilify and brand irer and a villain every witness the sta for the " defense? any evidence here impeaching Why, gentlemen, don't you tecting the fense our St > men? know that the deposition of the witnesses Peters, Bailey, Ballard and Moss were taken during the month of June, 1900, and that cou el for the plaintiff knew what they would testify to, because he was OAKLAND, Dec. 21.—A mystery of the bay was found floating off Point Rich- mond to-night, which may furnfsh some clew to the cries for help that were heard in that vicinity last night. A twenty-foot sloop wae fcund floating off the point, drifting Wit! the tide. James Cordoza, who first saw the boat, put off to it in a rowboat. He found no occupant, but a [} W%%%WW.W++H*W4W ¢+¢‘+¢4¢¢+¢+4¢0¢¢++: + THE DAY’S DEAD. } DL444 4444444444 444440 JUDGE JOSE!’H C. HULSE. Yolo County Pioneer Passes Away at a Ripe Old Age. WINTERS, Dec. 21.—Judge Joseph Clark Hulse, a well-known pioneer of Yolo County, died yesterday afternoon. The immediate enuse of his death was paraly- sis. y Previous to the foundation of Winters Mr. Hulse was a citizen of Buckeye. Mére than twenty years ago, when this town was laid out, he assisted in the sur- v and has since been a citizen. His ad- ventures as a_mountaineer and frontiers. man form an interesting story. The deceased was a Kentuckian and 8§ vears of agé. Up to the last he retained all his mental faculties to a remarkable degree. A strong constitution was the se- cret of his lnng!\'ll%A Old settiers who knew the Judge in health say he was & finely proportioned man, weighing more than 250 pounds. / Mr. Hulse was a Superior Judge of Co- lusa County and later held a similar posi- | tion in Yolo County. The funeral was held under the auspices of the Masonic fraternity. T s T S John W. Brewer. i TRENTON. N. J., Dee. 2.—Ex-Con- gressman John W. Brewer died at his home here to-day. He was a pottery man. friend of with whom he President McKinley, | served in Congress. i S, Mrs. William P. Frye. WASHINGTON, Dec. 2L.—Mrs. William P. Frye, wife of Senator Frye, died sud- denly /at thé Hamilton Hotel at 9:40 o'clock to-Alay. Mrs. . Frye on Tuesday last suffered an acute attack of lna:u- tion and had since been {ll, When she ARON VON SCHROEDER HIS BROTHER "ALE X" SuMMiINGg UP +- S EX-JUDGE MAGUIRE OF PLAINTIFF'S COUNSEL IN VON SCHROEDER CASE IN THE MIDST OF HIS OPEN- ING ARGUMENT, THREE HOURS AND A HALF LONG. D. M. DELMAS TAKES NOTES INDUSTRIOUSLY | IN PREPARATION FOR HIS ARGUMENT FOR DEFENDANT. . > -— S present at that time and participated in the examination of these witnesses, per- forming _the duty of = cross-examning them? Do you medn to say that during the past five months counsel for plaintiff MYSTERY OF THE BAY OF SAN FRANCISCO THAT SAVORS OF AN AWFUL TRAGEDY Man’s Overcoat and a Woman’s Dress Are Found on a Sloop Drifting Off Point Richmond. man’s overcozt and a woman's dress. He towed the little sloop ashore and turned the garments over to the rallroad officials at the point It is believed that it was from this boat that mysterious cries for help were heard late last night. The new element of mys- tery is the woman's dress. The cries last night were those of a man, who may have been the owner of the overcoat. Talk of a possible murder and suicide or # double arose this murnlna she was apparently much improved and partook of breakfast, Shortly after leaving the table the end came without the slightest warning, heart fallure causing death: The body will be taken to Lewiston, Me., the home of Senator Frye. SRR J. W. Mackay. VICTORIA, Deo. 21.—J. W. Mackay, who came here in 1844 for the Hudson Bay Company, died at noon to-day. He opened the Nanaimo mines for the Hudson Bay Company, acted as guide for the Commis- sloners who established a boundary be- tween the United States and British Co- lumbia and took a prominent part in all events in the early history of the North Pacific. Lately he has been a chief clerk in the Indian Office. ¥ - Vere Foster. BELFAST, Dec. 21.—Vere Foster, who has been engaged for the last fifty years in assisting the emigration of nearly 25,000 yourg women from the congested gll!.flc! of the west of Ireland and in the bufld- ing or furnishing over 2200 national sehools in every part of Ireland, died to-day. He was born in Cor\enhnfi‘en in 1819, and was formerly in the British diplomatic service in South America. . s Frederick R. Pickersgill. LONDON, Dec. 22.—Frederick Richard Pickersglll, the painter, who was the kecper of the Royal Academy from 1873 to 1887, died yesterday, aged 80 years. BTOCKTON, Dec. 21.—Early next week the Standard Blectric Company will join the two ends of the cables over which power is to be transmitted to Stockton, Oakland Two gangs of men are workin & and will meet west of this city. Power will be turned on about the middie of January and inum volts will be transmitted by three alum- cables. e To Cure a Cold in'One Day Taxative Bromo Quinine Tablets. All refund money it e e roature s bn e tas, e & geant of “Duncan’s Battery,” Battery A, were idle concerning the reputation of these witnesses? Don't you know that if counsel for plaintiff could have ascer- tained one jot against the testimony of these men they would have brought it into this courtroom and impeached them while on the stand? But after a period of five months counsel comes into this court and stands before this jury and asks you to brand defendant’s ~witnesses as e e e B i s 2 a2 ORI PS BOLD ROBBERS IN THE TANKS Two of the Men Whom the Police Believe Held Up John Kunst Caught. —_— sulcide is heard to account for the cries and the garments, but of course all that is_mere speculation. To crown the mystery, there s no name on the hoat and no trace of anything that | would show where it came from. was nothing in the ockets of the over- | coat. and notbing about the dress that | ‘would show ownership. The coat is plain | blue, with no distinctive marks, and the dress plain black. committed several daring holdups in the Western Addition are locked up in the City Prison. They were arrested last ovan and Policeman Peters. The men gave their names as “Aleck’ eterson and “Gus” Willlams. Both are ell known to the police, having been ar- rested on several occasion? for various crimes. After the holdup of John Kunst as he was about to enter his home a few nights ago Chief Sulllvan gave implicit orders to his men to spare no effort in running down the desperate robbers. Yesterday Policeman Peters that three men answerin; of the robbers had visited a sgibon on the Baroary Coast several hodPs after the holdup "of Kunst and handing their re- volvers to the bartender take care of them. They then entered a rear room and it is presumed divided their spoils. One of them had a black silk _handkerchief, which dropped f his pocket he was leaving the saloon. Early the following day one of the trio returned to the saloon and asked for the revolvers, which gvere given him. e then left, Illerdpr ‘mising to return dur- 1:05; t::oe night an hfauuoxggs the bartender say anythin v it ‘m’h iy 8 about leaving the Shortly after their MEXICAN WAR VETERAN DIES AT YOUNTVILLE John W. McKenzie, a Mexican War | veteran, died yesterday at the Soldiers’ | Home at Yountville. He was first ser- Second Regiment, U. S. A., and fired the first shot of the Mexican war at the bat- | tle of Palo Alto and took a vallant part in most of the battles that followed. He | was with his battery up to the time of | the firing of the last shot at the taking | of the City of Mexico. During the Civil War he was colonel of | the National Guard of this State, acting | as military instructor. At the time of his | death he was first vice president of the | Associated Veterdns of the Mexican War. He leayes a wife and son, who_reside at | Ocean View. The son left for Yountvilla | last night to make arrangements for the | funeral. LATE smrmaimmuemcz 3 ARRIVED. Friday, December 21. Stmr Zealandia, Dowdell, 7 days 8 hours 15 minutes from Honolulu. Stmr Colon, McKinnon, 22 days from Pana- ma. via Mazatlan § days. h!:’mr Columbia, Doran, 3 days from Port- nd. MISCELLANEOUS. PORT TOWNSEND, Dec 21—Stmr off Cape Flattery is flying distress signals. Description resembies that of stmr Chas D Lane, | NEAH BAY, Dec 21-A 2-mast American stmr at 4:30 p m is flying signals of distress and firing rockets. DOMBESTIC PORTS. learned the description arrest the barks T Prison and positively identified Pet, who s also known as Wilson, ::d":fl';'-' liams as being two of the left the revolvers with him. M M e Edward Wilson, who, the poll gmwefl the de:gr:’ptlfig of the (hlcrsi ::IL' er, Was arres y Detectives Ry g O'Dea last night at Sixth a:dml'»l‘c:‘w:'.'-({ lady’s gossamer. e was take Hall of Justice and his name enr:s::d (2; the small book. el searched at the prison a loaded revoiver, a number of PORT TOWNSEND—Arrived Deo 21—Shi bleces of lewelry and scveral pawn tick- F Sargent, trom Honolulu: schr Forester. hence | €15 Were found In his pockets. Dec £, reports tchr Bangor, from Lahaina. and — ship ‘Queen Margaret, from Hongkong, = ‘n straits. NEAH BAY—Passed in Dec 21—Ship Reuce, g:cn‘Yoh.hlml: #hip Glory of the Seas, hence —_—— Stole a Lot of Cigars. Detective George McMahon and Police Officer Fennell last night arrested A. 3 £ Pigzoli, alias Bode, alias . wh G Briite for e e nenalniér and stmr | w il kriown to the Poren ar chatged him ATBAYS .)}A%Bgn—mvd Dee —Schr John :}‘l;o:!efl:llgl}lfl: Dok (Slgars from a , from n ro; iny tard, from N lontgom: treets i Chas Wilson. hemce Dec . about ten dayvs ago. ¥ S hence Dec 12, not yet arrived. Stmr Newburs, The stolen properiy has been recovered. lady in his lap, lady on his lap? party, seized a bottle of champagn at that time one of these ladies pai a part of the wine that these titled ge clubhouse porch In one night Alex says the light was turned ou caus that statement? walking about the hotel ous times w | does not deteriorate with age hers| Two of the trio of robbers who recently | night on Pacific street by Sergeant Don- | |'eal applications to the nose a asked him to | streets while attempting to dispose of a | deny that he went into the rear room off the bay of he clubhouse and sat w nis brother also having D “Did he deny that one night when w was being served In one of those ba rooms a single lady one of refuséd to give it up to the rest, say “This is for my boy—my boy Alex'? the plaintiff in thie case, or the Ba Alex attempt to deny that? Digi of them attempt to d that at same time the married lady present, not the wife of either of thes gentlemen, said, ‘Waiter, bring other bottle of wine’'? Did they 4 t tlemen were dr:nklnf. “Does he deny that the light wa turned out three different times on t! when laintiff and a lady were sitting there Why the turning out of the light? Bar it hurt their eyes. Do you believe “Does the plaintiff deny that he was srounds at va his arm around a wo: who was not his wife? “Now, gentlemen, I haw th not cover: all the evidence My ass ciate, Mr. Delmas, e up have left untouched and [ will th o close what remarks I have to say. B before doing so I desire to say far as this article is concerned we proved the truth of it. The has fully y b3 mony of ou but by the a sions of the plaintiff and his broth They have shown no malice here on part of Mr. Spreckels or on the part Mr. Leake, the manager of the paper the absence of such proof you ¢ f ainst the-defendant. So 1 a tlemen, in view of the evidence that been adduced here, to return a verdict favor of the defenda: in this case A Making a New Catarrh Cure Famous. Stuart’s Catarrh Tablets, the new tarrh cure, has the following advantages over other catarrh remedies: First: These tablets contain no eoca morphine or any other injurious drug are as safe and bemeficial for childre for aduits; this is an important point w led that many catarrh remed do contain these very objectionable ing dients. Next Being in tablet form this rem or an posure to the air as liquid preparations variably do. Next: The tablet form no serves the medicinal properties b 50 far more convenient to carry and use at any time that it is only a qu of time when the tablet will entire persede liquid medicines. as it has airea the done in medical department of too United States arm: Next: No secret is made of the compo sition of Stuart's Catarrh Tablets contain the active principls of bark, red gum. blood root and H all harmless antiseptics which, howe are death to catarrhal germs wherov-? found, because they eliminate ther 1) the blood. You ean not cure catarrh » O d throat, Next: because these are simply local ptoms and such treatment can not possibly reach the real seat of catarrhal disease. which | 1s the blood; for this reasom, inhalers douches, sprays and powders never cure catarrh, but simply give temporary relief which a dose of plain salt and, water will do just as well. Catarrh must be driven out of the tem, out of the blood, by an internal rer edy because an Internal remedy is the only kind which can be assimilated into tha blood. Stuart's Catarrh Tablets do this better than the old form of treatment becauss they contain every safe specific known to modern science in the antis treatm of the disease. Next: The use of {nhalers and sprayin apparatuses, besides being ineffective a disappointing, 1s expensive, while a com 4 | plete treatment of Stuart’s Catarrh Tab- eeper | lets can _be had at any drug store in gmployed in the saloon visited the City | hs United States and Canada for 50 cents. REWARD. Notice is hereby given that a re- ward $300 will be paid for in- formation leading to the arrest and conviction of parties who ma- liclously or otherwise tamper with the poles, lines, transformers, wires, manholes, cables, conduits, _| w | ! lamps, meters. fuses or othep ¥ property of the Independent Elee- tric Light and Power Company.