The San Francisco Call. Newspaper, February 28, 1901, Page 1

The \UII ME LXXXIX—NO. 90. SAN FRANCISCO, THURSDAY, FEBRUARY 28, 1901. PRICE F1VE CENTS. BRITONS NOW THINK BOERS ARE CRUSHED Expect Operatlons i Be Reduced t0 a Sma Scale. ever, Every Independent i Must Be Taken Before War Ends. TN Uw G French's with th Bri created a Office here. 27.—General mbined th Secretary as being the opera- CUBANSFAIL T0 HEED UNCLE SAN'S WISHES Clanses Adopted on Relations Are Not Saiti_sja,gory. Request for Naval Stations Turned Down and Future (rovernment Not Bound. HAVANA, Feb. Cuban | | | \ | 27.—Clauses adopted by the tions between the proposed island repub- the United States will not be to the Washington Govern- e and satisfactory ment the convention. lengthy, sets forth the receiving of letters from Gen- Wood outlining the wishes of the ington executive regarding future tlons. It asserts that the conventioh proved The preambie, this afterncon by which 1Is eral suced a dacoit | under he desire of the executive age is quite the hero | to be to bring ahout these specified refa- f the Pail M 5t ccurss | tions with ‘th ject of preserving the ¥ s ) independence of Cuba, and that the sug- ecog a ever ance. n‘zr-s'i«m as to the naval stations was . rick and Lord Roberts | made on those lines P ritish forces are do- | “But this in itself,”” the preamble goes . Boers' sup- ely thar ant any armis- to peace, or if he will not let the War Office know e result. In fact, such an offer. ave in the Waz that his ac- forces under his eing pur- uguese tnte of February 2T, captures are February 2: s, surrendered: a witzer, a Max arms ammunmni- 4 trek oxe wagons were ‘fou sualties h to Lord sts immed!- t Paarde » news, buv B tta River tangle bere The , but forty e whole 1 in the Field. The Daily Chron- ved a report it be- s - trustworthy, though it has Do eral Botha tchener, says: 1 K nformation Gen- received at ut the end of »going report is e ripened with unex- t Burleigh wiree to the Dail; ph from De Aar, under Tuesday's ge River remains high. Our are tightening their grip upon Dewet Hertzog near Petrus- ave been engaged. ral action is about the coilision is like- patrols ches from Pretoria locate with a small force, north diéburg. They point out that he is | m for the headquarters of lant Viljoen and the seat of the | rnment beyond Roossenkal. hener has been at ‘Middles- :st three days, but there is from any upon by the Daliy. Chron- Botha has surrendered. Croker Will Return. LONDON, Feb. 21.—Richard Croker mys will return to America in good tme 1zke part in the coming cam- paign. to publish’| of the supplies | LEGED SURRENDER. | However, That He Is | other quarters | on to say, “would militate against the 1g the other conditions for pre- veace, such as raising loans, the the constitution, which docu- the opinfon of the comvention, protects ws as to the rights of foreigners vidual rights. r'nmrmrg the sanitary question, the preamble declares that the future gov- ernment should make arrangemefts with he United States to protect that eouritry well as Cuba The convention clearly implies that its . for the last part of the préamble read The convention junder the republic thinks it advisabie® Appended are by the United States Government of Cuba will ait the fndependence of Cuba, or which nray -permit or aushorize any obtain, by means of colonization or mili- | tary or naval purposes, or in any other manner foothold or authority, right over any portion of Cuba. econd—The government will not per- mit its territory to be used as a base of cpérations for war against States, or against.any forelgn nation. “Third—The Government of Cuba ac- l'cepts in-its entirety the treaty of Paris, tn which are affirmed the rights of Cuba, to the extent of the obligations which are explicitly indicated in these, and especi- ally those which the international law imposes for-the protection of life and and substitutes itself for the any property, United States in the pledge which they d-in that sense, according to ar- and 16 of the treaty of Paris. rth-—Cuba recognizes as legally valid ‘all acts of the military go\ern-l ment during the period of occupation, also | the. rights arising out of them, in con- formity with the joint resolution and the Foraker amendment -and laws of the country. “n —~The Governments of the United States and Cuba ought to regulate their commerclal relations by means of a ty based on reciprocity, and with dencies toward free trade in natural and manufactured products, mutually as- ng ample special advantages in thelr respective markets.” FPOLICE CHARGE ON ASSEMBLAGE OF STUDENTS Mob Stones the Building of Catholic Assemblage at Oporto and Denounces Clericals. E OPORTO, Feb. 21.—At a meeting of the council of the Industrial Institute and the-| Slhdeflls to-day it was resoived to request the Government to prosecute the police, who abused their authority respecting students’ bands. The students and others | atterward paraded through several streets | | and gathered in front of the residence of the Brazilian Consul, cheering for liber | and denouncing the clericals. The mob | stoned the Catholic Assoclation's bufld- ilng.‘ and made a demonstration in front | of the office of the Liberal newspapers, | shouting: *Long live liberty!” Mounted and dismounted police then charged on the manifestants and dis- persed them. Numbers of persons were injured, four of them so seriously that they had to be removed to a hospital. EIGHT GERMANS WHIP BAND OF CHINESE TIDOPS BERLIN, Feb. 71.—The War Dffice has recelved the fellowing from Count von | Waldersee, dated Peking, February 2: | A patrol of elghit Germans repulseg an | attack by one hundred and sixty Chinese imperial troops at Suling Pass, killing | twenty.” PEKING, Feb. 27.—The committees of the Ministers met to-day to decido on the general basis of the indemnities to be dis- cussed at the meeting of the Ministers to- morrow. The accounts of the fTearful famine in the province of Shens!, where horses are said to be dying from lack of food and water, are not belleved here. It is thought the court ordered the publication of thess reports in order to frighten off the axpe- dition threatened. g convention relating to rela- | The scheme of relation was publicly ap- | independence which both parties desire | s out that these are fully | independence, including | n would not bind the future govern- | considers that rela- | tions might exist if the first government | the resolutions adopted | ronvention relating to relations| aty or agreement with any | foreign power which may compromise or power to | or | the United | the existing | L JUDGES TROUTT AND COFFEY MAY NO MORE HEAR PETITIONS OF PUBLIC ADMINISTRATOR Presiding Judge Dunne Makes a Sensational Order and Explains It in a Statement That Produces WILL lift the Public Administrator’s office out of the turntoil into which it has been drawn through long as- sociation with the two probate de- partments of this court. The people;of San Francisco, after this has been accom- plished, will know that there are two Judges upon this bench who have escaped the mesh of scandal which has surrounded tkis important office, the duties of which are to see to the safe and ‘honest distri- buticn of the holdings of the dead to thelr lawful heirs.” This remarkable statement was mads by Presiding Superfor Judge .Frank H. Dunne yesterday in justification of his action in refusing to further gssign cases | in which the Public Adminfstrator's of- |fice was Involved to Probate Judges James V. Coffey and James M. Troutt. The application of the Public Adminis- trator for letters upon the estate of the late Captain Willlam Ward, commander of the lost steamer Rio de Janeiro, was assigned by Presiding Judge Dunne to Judge Sloss’ department for adjudication and his petition for right to settle the estate of the late John Harris was placed | for decision in the hands of Judge Mu- | itting in Departmient 2 or the Su- perior Court, Says Public Cries for a Change. | TContinuing, Judge Dunne sald: “My ac- | tion 1s in response to the public cry for a change. I am tired of constant com- plaints. -Like Presiding Judges before me, I have been wearied by the frequent pro- tests of members of the bar and citizens whose rights are or have heen involved in the probate departments of this court. I bave decided to make a change. I have selected two Judges, whom I know to be | above reproach, to handle the business of the Public Administrator's office and if they fail I will bear the responsibility, but 1 do not leok forward to any such result. 'As to the assérfion that one member of this bar s given all of tig business in | %= | 1 ~J M TRoULUTT | ¥ | one' of the probate departments in cer- tam lines—such as appointments to the [ office of attorney.for absent heirs, ap- praiser of the collateral inheritance tax and other similar duties—I have nothing | to say, except that this fact has been in- | cluded among the complaints lald before me. 1 would like to have it understood that my actlon is not resultant from my own investigation, but is based upon pub- lic complaint, which I now deem it my duty to consider. “It s true that in the other department of the Probate Court the schedule of fees has caused much complaint. I hold that the laborer who performs his work well should be fully compensated for the sweat of his brow; I am, likewise, of the opinion that the attorney who expends his ener- gles and learning In the settlement of pro- bate cases should be properly remuner- ated for hig services. There is no differ- ence in the cases cited, though some may hardly consider them analogous. The \ rights of attorneys are recognized by the | 1aw, hence I will recognize them.” | Creates Immense Sensation. Judge Dunne's stand and statement reated an immense sensation in the City Hall yesterday. It was not wholly un- expected, but came with a suddenness | that gave the principals involved but.lit- tle time in which to prepare defense. | When their statements were made, how- | ever, they contained an expressed disre- gard for Judge Dunne's opinion or action tha caused but litile less sensation than the statement of the Presiding Judge which brought them forth. Judge Coffey was not inclined to make a direct reply to the statement of Pre- siding Judge Dunne, but sald that as it 1 had been stated that the Presiding Judge's |'action was “In respcase to the public cry for a change” he might point those in- | terested to the public indorsement of his | policy and record as cortained in the figures of the electlon commission on the result of the last campaign. When the full returns of the last election were in it was found that Judge Coffey, after almost two decades upon the bench, had been re- turned to office with a plurality above them all. Hence he smiled yesterday when he asked from whence came ‘*‘the public ery™ for a change. Judge Coffey’s Low Schedule. There is but one schedule of fees en- forced in the Probate Department and tbat is in Judge Coffey's court. In con- sequence after asserting that he was — a Furor in Legal Circles. 2 §— T Pl _— PRESIDING JUDGE OF THE SUPERIOR ' COURT AND THE TWO JUDGES WHO'HE SAYS SHALL HEAR NO NEW PETITIONS FOR LETTERS FROM PUBLIC ADMINISTRATOR. - e s v s parrying to avold a controversy the Judge admitted that the reference to complaints as to a schedule cf fees. made by Pre- siding Judge Dunne was evidently aimed at his (Coffey’s) eourt. His schedule of attorney fees governing the compensation of the Public Administrator for the set- tlement of estates upon. which letters were granted to him was next produced. 1t follows: From and after this date the following maxi- mum standard of compensation is established in estates in which the Public Administrator is appqintgd and qualified to act as administrator. This‘ls to be taken as a guide in all cases where the conditions are analogous: Amount of Maxirum Estate, Attorney Fee. $1,000. - 85 2,000 4 3,000. 65 &5 . 105 . 125 - 145 165 .15 . 205 .35 5 905 3155 In all estates of a valuation intermediate and above these figures the same ratio shall obtain. October 12, 1898, A schedule of fees ll u’luved by the Superfor Court of Los Angeles County, —— which was patterned after the schedule drawn up by Judge Coffey, was then cas- ually. referred to by him as at least a grain of support to his stand and-a small measure of comfort to him in the defense he is now making. But in conclusion Judge Coffey said he would rather remain silent; to answer would be to violate his views upon the right of one to answer an accusation made by innuendo. Judge Troutt Says Little. Judge Troutt, ltke Judge Coffey, sald he had no answer to make; It would not look well. He only hoped that the departments to which the pre- siding Judge had announced his in- tentlon of assigning Public Admin- istrator cases in the future would ' be spared the unfortunate episodes that had arisen in other departments—his included. He pointed to the Piper case as an {llus- tration of unfortunate conditions that may be visited upon a court at any time. During his absenee from the city, said Judge Troutt, 2 will In favor of the natu- ral son of the deceased was discovered. Before he returned to the city the heirs had compromised with that natural son and a threatened controversy had been avoided. In this the court had not been 4 participant; in others less so, yet criti- cism had resulted and now “a public cry for a change” had been considered. Doubtless more will be heard of the controversy to-day. O PROMOTION FOR ADMIRALS THIS SESSION John Pa—ul‘_Jones I Quoted to Justify Sainpfiqn, But Friends of Schley Suc- ceed in Shelving Presi- | dent’s Nomination. | —_— Bpecial Dispatch to The Call CALL BUREAU, 1406 G STREET, N W., WASHINGTON, Feb. 21.—There will be no legislation in behalf of either Rear | Admiral Sampson or Rear Admiral Schles at this session of Congress. The Senate gave evidence of its unwillingness to con- firm the nomination of these officers when it declined to act upon them last night, but agreed to the confirmation of all| other officers nominated by the President for advancement. The refusal of the Sen- | ate to confirmi Sampson's and Schley's nominations is direct!y traceable to the former’s expression of his strong disap- | proval of promotion of enlisted men to commissioned grades. The friends of Rear Admiral Sampson deplore the publication of his lndorse-' ment en Gunner Morgan’s application for his recommendation, Lut they insist ta1t| his statements describe the exact sftua- | tion. They called attention to-day to the statements made by John' Paul Jones and | approved by General Washington, which are almost identical with the views of | | Admiral Sampson. “It 1s by no means enough that an offi- | cer of the nayy should be a capable mari- Ener" John Paul Jomes declared. “He | must be that, of course, but also a sreat deal more. He should be as well a gen- | tleman of liberal education, refined man- ners, punctilious courtesy and the nicest sense of personal honor. He should not | only be able to express himself clearly and | with force in his own ianguage both wit" tongue and pen, *but he should also be | versed in French and Spanish. He must | | meet and mix with his inferlors of ravk in soclety ashore and on such occaslons | he must have the tact to be easy and gra- clous with them, particuldrly when ladies | are present.” SAM?SO)!TS SISI'EI TALKS. Says the Admiral Is Subject to Men- | tal Troubles. DETROIT, Mich., Feb. 27.—“Nobody ever denied that our family was poor, | | 1east of all WiII,” satd Mrs. Lucien E. El- | s of 908 Military avenue, when asked con- | cerning her brother, Admiral Sampson, | and his home and family. “My father was a laborer,” she went on quietlv, “and | there was a large family of us to be taken | care of; but none of us were ashamed of | 11t | A woman of gentle breeding Is the ad- miral's sister, who is the wife of the School Inspector ~from the Sixteenth Ward. She evinced an intense sisterly af- fection for her sailor brother. “We lived at Palmyra, N. Y, and my | father owned and worked his own farm. | If he had time to spare he worked on | other farms. We feel terrible over all this | newspaper talk, because we know how it hurts Will, though he doesn't make any | reply to it. His health is poor, so poor, indeed, that we have given up hope that he will ever be what he was before the war."” Mrs. Ellis hesitated a minute or two and then continued: “His trouble is a men- tal one and all thisstalk just makes it so much worse. He is subject to very severe attacks of mental trouble. “Oh, no,”" she replied. quickly ~to a query, “that letter never could have been | written when he was having one of those | -attacks, because thev prostrate him ut- terly. He isn’t able to attend to anything. | I can’t understand the letter, it is so ut- | terly unlike anvthing he has ever done | and unlike what it seqmed probable he | would do."” VERDI'S REMAINS TAKEN FROM CEMETERY Troops Line the Route to the Home for Aged Musicians Founded | by the Composer. | MILAN, Feb. 27.—The remains of Gui- | seppi Verdi, the comvoser were removed | with much ceremony to-day from the cemetery to the Home for Aged M | clans, founded by Verdi. Troops lined the | route between the cem>tery and the home | | and an immense concourse of people wit- nessed the ceremony. A choir of several | hundred volces sang cne of Verdl's im- pressive compositions. A detgchment of troops headed the pro- cession. The soldiers were followed by the students and various other associa- | tlons. Then came a company of infantry | | with reversed arms and with their flag | | draped with crape. The hearse was fol- | lowed by the Count of Turin and the Ger- | man Consul in behalf of Emperor William | of Germany and representatives of France | and Austria, the Mayor of Mflan, th2 presidents of the Senate and the Chamber of ‘Deputies and delegations from these | bodies and numerous other officials. 1 | | CRAMP COMPANY REPUDIATES CONTRACT Retuses to Deliver Cruiser as Install- ments Have Not Been Paid ‘When Due. CONSTANTINOPLE, Feb. 27.—TIt is set- tled that the Porte mot having pald the installments ‘due on the cruiser for which | a contract was signed recently with the Cramp Ship Building Company of Phila- delphia, the latter considers the contract void and repudiates all responsibility in the matter. | yesterday and sent to Omah. | thentic or a hoax | their proposition, | His counsel asked KIDNAPERS ARE ANXIOUS 10 ESCAPE Mr Cuda,hy Offered $20,000 to Call Off Detectives. —_—— { Millionaire Packer Refuses to Seriously Consider the Proposition. — CHICAGO, Feb. Omaha packer, whe to secure a reward ~E. A. Cudahy, ths son was kiduaped 00 £ 325,000, 18 in receips of an anonymous letter d laring that upon his assurance that the kidnapers would not be punished all but $3000 of tk ransom money would be retu The letter was mafled at- Wax ed to him. hy was in Chicago to-day and recelved a transcript of the letter by telegraph. “I do not know whether the letter is au- " sald Mr. Cudahy to a reporter. “I will pay no attention to .it and certainly have no intention of letting up on these men. The Writer or wrt of the letter directed me if agreeable s © to lgt them know by means of personal advertisements in vspapers of Omaha, Chicago and M- waukee, but I do not believe they will ever have the pleasure of reading anythiny from me in the adve ot any paper.” — - KIDNAPING MADE A FELONY. Pennsylvania to Fix Penalty Sams as Murder in First Degree‘ HARRISBURG, Pa., Feb. 27.—A bill was introduced in the Senate to-day making the crime of kidnaping and abduction for the purpose of extorting mdmey a felony and fixing the penalty like that of murder in the first degree. 1he passage of the bill will be expedited. It was drawn by Judge Thayer of Philadelphia. sing colu LAWYER PATRICK HELD FOR TKB MURDER OF RICE | T2 Released on Bail on the Forgery Charge He Will Be Quickly Rearrested. NEW YORK, Feb. 27.—Professor Ru dolph Witthaus, the chemist, has mado a verbal report, supplementary to his first report and preliminary to his final report, to the District Attorney, in which he de- clares that enough mercury and other polsons were found in the stomach of William Marsh Rice to.kifll him. An affidavit charzing Albert D. Patrick with murder in the first degree was sub- mitted to Justice Jerome with an applica- tion for a warrant for Patrick’s rearrest. The Justice issued the warrant and it will be served should bail be accepted on the forgery charge. The affidavit is made by Charles F Jones and reads that on the 23d day of September, 1900, at 00 Madison- avenue, New York, he was employed by Willlam M. Rice, who also resided at the same address, as private panion: that on the t Septemb: 1900, Albert D. Patiick caused the said William M. Rice to take “a large quantity of deadly polson mercury and divers other deadly The am- davit then charges tuat Rice's death was due to these poisons. Patrick was taken before Judge Mg- Mahon In the Court of General Sessions. that the Judge cause an order to be issued so he could get back and com- secretary called poisons. the $10000 cash deposited with the City Chamberlain yestercay to bail Patrick The Judge issued the necessary order and Patrick was taken back to the Tombs. DEATH OF A VICI‘II OF THE DENVER THUG Murderous Highwayman Identified as Albert Cowsn, Once Treated for Insanity. DENVER, Feb. 27.—Mrs. Josephine Un- ternahrer, one of the three women struck down by a heavy blow ome the head la.t Friday night on Cagitol Hill, died thiy afternoon in St. Joseph's Hosgital. ' O of the others, Mrs. Mary Schort, died on Saturday. The third victim, Miss Emma Johnson, may recover from her injurfes. Albert Cowen, who Is charged with ths murder of Mrs. Schort and suspected of being the highwayman yho has attacked many women In this city during the past year, was identified to-day by Bartholo- mew Julien, foreman of Union Pacific car | inspectors, as the man whom he saw run- ning away from the place. Migs Annia | McAtee was knocked down and seriousiy injured on the night of October 4 last. When confronted with Jullen and Alber® Frederick, who says he saw Cowen knock down Mrs. Schort, the prisoner accused them of lying. Dr. H. T. Pershing, an insanity special- | 1st, sald to-day that he treated Cowen for paranola six years ago at the County Hospital. - WARLIKE PREPARATIONS MADE BY SANTO DOMINGO Troops ‘Bushed to thu Scene cf the Recent Encounter With Hay- tian Guards. * PORTO PLATA, Hayti, Feb. 27.—Be- cause of the encounter between Haytian and Dominican guards on the frontier, near Dajabon, warlike preparations are | being made by the Government of Santo Domingo. The Vice President of the re- public has started for the scene of the disturbance from Santiago with a force of cavalrymen. The Minister of War has salled from the capital for Monte Cristo on a gunbogt with other soldiers. There is great excitement throughout the coun- Loy