The San Francisco Call. Newspaper, March 24, 1901, Page 13

FGHPEOUGHIRS 2O : Pages Sorerereroxeneneren ! 202004 02 0 RO RORS VOLUME LXXXIX—-NO. 114 SAN FRANCISCO, SUNDAY, MARCH 24, 1901—-THIRTY-TWO PAGES. Tall, o i P Pages e RGEPHOR DRSNS HON PRICE FIVE CENTS. CAPTURE OF AGUINALDO BY RUSE IS THE MOST DANGEROUS MISSION UNDERTAKEN BY GENERAL FUNSTON Plan of the Daring Officer Is to Be Taken Before the Insur- gent Chieftain as a Prisoner and Upon Signal to Turn th e Tables-——Gunboats Sent to Aid in the Yenture o - L + Y fr ANTLA, March 23 —Brigadlier AN Frederick Funston has to capture Aguinal- mndertake: exy. I 4 in the daring pro- be the greatest vement of his g place in the naldo wrote let- sub-chiefs who glance to the maldo orderzd athern Luzon {o in Isabella pro sted with these or- with the Ameri- nformation Gen- aldo’s cap- acArthur's au- two weeks ago eneral Funston, s, Captain New- TOLSTOI MAY LEAVE RUSSIA IN DISGUST Report That the Famous Writer Is ve of Political Perse- cution in-His Country. | 3.— Tolstol 1s e g prep tions for a forever in disgust and de- h friends are urging him ountry, it is said. The credited, but it comes stifies its mention. st direct advices from the great writer indicate that while be is justly in- dignant at the action of the orthodox church in procuring his excommunica- and not, witfout apprehension that action foreshadows political persecu- tion, he enterta’ not a shadow of doubt that all considerations of personal dig- nity and devotion to duty require that he should remain at his post, He feels that expatrigtion would serfously diminish. his opportunities and power for usefulness to his country. tion, that - - FOUR HUNDRED BOERS CAPTURE SUPPLY TRAIN Convoy Hurrying to Join General French Is Attacked and British Suffer Slight Losses. STANDERTON, March’ 22—Four. hun- éred Boers under the Boer commander, Vuys, have wrecked a supply train north £ Vi agte. They overpowered the escort and carried off several wagon- ioads of provisions. A convoy hastening to join General E | | fact, he i= | | | | | . BRIGADIER GENERAL FREDERICK FUNSTON OF KANSAS, CUBA AND THE PHILIPPINES, WHO HAS UNDERTAKEN TO CAPTURE AGUI- NALDO BY BOLD AND MOST DANGEROUS STRATEGY. — were landed on a remote Baler. Masquerade as Insurgents. It was arranged that Aguinaldo’s emis- sary, with the native scouts, should pass themselves off as insurgents, who, having captured, General Funston and others, were taki them as prisoners to Agpl- naldo. At the right time, when brought before Aguinaldo, Genera) Funston was to give a signal, when the tables were to be turned and Aguinaldo was to be seized. A six days’ march into the interior was contem- plated. Treachery was considered possible, but every precaution was taken. The troops in New Viscaya and New Ecija and the gunboats Vicksburg and Albany were to co-operate with General Funston’s force. The Vieksburg is expected here to-mor; ro! beach above w., 4 Colonel Rosario Surrenders. Colonel Rosario, with fifty-one men and fifty-six rifles, has surrendered to Colonel Baldwin of the Fourth Infantry at San Francisco de Malabon, Cavite Province. Lieutenant Dean of Troop C, Sixth Cav- alry, has engaged a force of insurgents at Tubig, Laguna Province, killing several of them. and capturing seven men and twen- ty-four rifles. SPAIN GETS FINAL PAYMENT Uncle Sam’s Title to the Philippines Is Made Clear. WASHINGTON, March 23.—The Spanish Minister, the Duke of Arcos, to-fay re- ceived from Secretary Hay a treasury warrant for $100,000 and the United Staités received the final cession of “any and all islands of the PAMippine archipelago lyinz outside of the line described in article 3 French's column has been attacked be- tween Blood River and Scheepers Nek. Transvaal Colony. The British had one man “killed and three wounded. The bridge at Blood River was burned. gedic., i Bsesd TORNADO DAMAGES PENSACOLA’S SHIPPING Terrific Wind Sweeps Vessels From Anchorage and the Beach Is Strewn With Wreckage. PENSACOLA, Fla.,, March 23—Great damage was done by a severe southwest tornado from 3 to 4 o'clock this morning. the wind's velocity ranging from forty- eight to fifty-four miles an hour. The Russtan bark Leitte was/ driven against the west side of Comandencia wharf with such violence that all three masts of the bark were snapped off, leav- ing her rigging 1n a tangled mass. Every vessel in the bay dragged anchor and the Norweglan steamer Tolv was being fast driven ashore when she put on steam ard pulled out into the stream again. The echooner Irene and two lighters loadcd with lumber were driven ashore at the city front. A small schooner capsized, several lighters loaded with lumber sank and the beach is strewn with the wreck- age of small boats and drift timber. Thers was an unusually sea, the ‘water being nearly level with the wharves | and all the morning vesseis were tugging, tossing and pulling at their anchors amid the tangled mass of wreckage. There was no damage of consequence ashore and so far as known there was no loss of life. of the treaty of peace between Spain anl the United States, of December 19, 1898." At the same time a protocol was signcd by Mr. Hay and the Duke, exchangirg ratificgtions of the treaty of cession. Tha specific purpose of the transaction is said to add the islands of Cagayan-Sulu and Sibutu to the poss ions of the Unjted States. ¢ The ceremony attending the exchange of ratifications and the payment of the $100,00 warrant was an interesting one. The Duke of Arcos arrived at the State Department by appointment at 10 o’clock. He has with him tHe Spanish version of the treaty, handsomely engrossed and bearing the signature of the Queen-Regent of Spain and the Spanish royal seal. Mr, Hay joined the Minister in the diplomatic room. The officials long in charge in the execution of treaties and ratifications were called in. The American text of the treaty, bearing the signature of President McKinley to the ratification, already had been prepared. The Queen Regent's rati- fication was handed to Mr. Hay and he in turn presented to the Duke of Arcos the ratificatoin executed by President Mc- Kinley. The treaties in each case were handsomely bound, that of Spain being in red, with the royal arms in gold, while America’s was bound in dark blue, beat- ing the national coat of arms. A brief protocol was then signed. It recited the formalities of ratification of the treaty, signed at' Washington, November 7, 1900, wroviding for the cession of any and all islands of the Philippine archipelagn, etc. The treasury warrant for $100,000 had been prepared in advance and was bhanded to the Spanish Minister. There was an exchange of felicitations over the elose of the transaction and the Duke of Arcos departed with his $100,000 warrant and the ratified treaty. MARSEILLES STRIKERS AGREE TO ARBITRATE Authorities Hold a Conference and Troops Will Be Concealed Until Settlement Is Reached. MARSEILLES, March 234~The strike situation here took a more favorable turn this afternoon. to: At the meeting in the hall convcked by the Mayor of Mar- seilles and held last night to consider the situation, and which was attended by the Deputtes, General Councilors and Munici- pal Councilors, a dispatch was recelved from M. Waldeck-Rousseau, the French Premier, announcing the masters had agreed to arbitration respecting such points of the dispute as were open to negotiations. 2 Two representatives of the strikers were present at the meeting and accepted -the proposed arbitration, provided it was ap- proved by the general assembly of the strikers. The Councilors then called on the Prefect and begged him to withdraw or.conceal the troops in the city. In view of the negotiations the Prefect consented to-conceal™the troops, - the: Councilors promising to influence ~the strikers to cease further disorders, The striking dock labcrers <have . in- formed ‘the Mayor that the arbitration proposals have been accepted, and the as- sembly of engineers has authorized Mayor Flissieres to act as intermediary between them and their employes. 5 PONERS READY 70 JON GRAB - AEIN Britain and Germany May Follow Lead of El;gS_i&. Gloomy Forebodings Due to Czar’s Treaty to Control Manchuria. e Special Dispatch to The Call. CALL BUREAU, 1406 G STREET, N. | W., WASHINGTON, March 23.—Gloomy | forebodings are entertained in official eir- | cles here over the Chinese situation Japan’s action in sounding the powers has | demonstrated, according o an official who discussed the matter to-day, that none of | them is willipg to do more than perfunc- torily object to the Russian treaty, and | this has aroused suspicion, the official | added, that Great Britain and Germany | may use its signature as a pretext for | the acquisition of Chinese territory. “The latest developments permit only | | a pesstmistic view to be taken of the Chi- | nese situation,” said an officfal to-da “Though Russia knows that the United | | States and other powers object to the | treaty which she is urging China to sign, she has not withdrawn it, but merely modified it to meet some of the objections | made. This Government, in response ts | |an inquiry from Japan, has announced | its opposition to the powers making par- | tlcular or secret arrangements with China, | | but 1t will not go further than to morally | exercise its Influence to prevent the Chi- | | nese Government from binding {tself to terms which contemplate the loss of ter- | ritory.” %RUSSIANS RETURN TO SIDING. | Plant Flags Over Disputed Territory | and Again Retire. LONDON, March 24.—The Sunday Sp>- | cial's Tientsin correspondent says: “A new and unfortunate hitch has occurred in the Anglo-Russian siding dispute. After both parties had withdrawn, according | to agreement, the Russians suddenly re- | turned to the disputed spot and planted flags over all the territory. They after- ward again retired, leaving the flags fly- ing.” ity 3 The Berlin correspondent of the Sun- day Special says: “The settlement of the siding dispute was the work of Count voa Waldersee, who interfered at the special request of Emperor Wililam, the latter considering that the maintenance of friendly relations between all the mem- bers of the international force was clear!y within the scope of Von Waldersee's du- ties as commander-in-chief.” JAPAN TO RESIST DESIGNS. sia’s Taking Manchuria. SHANGHAI, March 23.—There is no con- firmation of the revorted concentration of Russlan warships in Kgrean waters or of the rumored mobilization of the Japan- ese fleet. While foreign circles here gen- erally deny that an outbreak of hostdi- ties will occur the Chinese are satisfied that Japan is determired to resist Rus- sian designs on Manchuria, General Gaselee, who l@is been in com- mand of the British troops at Peking, has arrived here. —_— GERMANS OUST CHINESE. Emperor’s Troops Take Passes on the Chili-Shansi Frontier. TIENTSIN, March 2t.—The Germans have ousted the Chinese imperial troops tier and intend summering in the vicinity of Shanhaikwan. TWENTY.FOUR MURDERS CHARGED AGAINST THEM Russian uznms Wife Arrested After Extraordinary Record of Crime in Three Years. BERLIN, March 23.—In the province of Wolhynia, South Russia, an old man and his wife have been arrested and charged with the murder of twenty-four persons within the past three years. The village of Kalinocka, where these persons lived, is not far from a well-frequented railway. but the authorities knew nothing of ths crimes until they were discovered by acci- dent. The two were in the habit of traveling through the provinces of Wolhynia, Kher- son and Bessarabia, dealing in love phil- ters, and it is believed, In poisons. 'They confess to twenty-four murders by vio- lence, but the police believe that the list from the passes on the Chili-Shansi fron- | of the murderers’ victims by polson is greater. 5 In Bessarabla, near the fortress of Bender, the authorities have happened on a grave of a number of persons, who, Jjudging by the position of their bodles, must have been buried alive. It is. be- lieved that they are members of the sect of self-immolators, who suddenly disap- peared from the neighborhood of Bender some years ago. The police are searching for two women, who, at one time, were leaders of the sect, but disappeared as soon as the grave was discovered. oo S ey WARSHIPS OF ITALY Desire for the Establishment of a Postoffice Causes a Naval Demon- ROME, March 23.—It is stated that the second dlvision of the :fleet under ‘the rived at Tripoll.: A demonstra+ tion has been made for the purpose of putting. pressure upon the Porte for the establishment of an Italian postoffice. COBURN CHARGES THAT THE WILL OF THE LATE ALMIRA S. TOWNSEND WAS CONSIGNED TO Indirectly Accuses Mrs. Ella F. Murray of Having Burned Decedent’s Testament and Questions Truth of State- ments Made Under Oath by Her and C. W. Carmany T THE FLAMES Y innuendo, Mrs. Ella F. Murray has been charged, in an action filed in the Superior Court, with having destroyed the last will and testament of her mother, tlie late Mrs. Almira S. Townsend. In a peti- tion filed vesterday morning Joseph W, Coburn, decedent’s brother, indirectly, though unmistakably, accuses Mrs. Mur- ray, daughter and sole hefr of the de- ceased. In his petition Coburn prays that an alleged destroyed will, executed, he avers, by Mrs, Townsend in July of 184, be ad- mitted to probate, This “will,” he claims was burned and destroyed on July 22, 1900, at the home of -the deceased, 1221 C:\lltornf street, by “Mary Roe and John Doe,” the muchly sued-fictitious defend- ants, As Mrs. Murray was the only per- n with the natural or legal right te examine or take under control the privaté docurhents and effects of ths deceased, and as she was the only person with the knowledge of their whereabouts and wiik free access to the same, hereattorneys, Sullivan & Sullivaft, manifested no hesi- tancy yesterday In expressing their view that “Mary Roe” is meant to be noae other than Mrs. Ella F. Murray; and Sui- livan & Sullivan also manifested no hes!- tancy In asserting that had the complatn- ant, Joseph W. Coburn, verified his pet!- tion, or in other words, sworn that his aflegations were true, they weculd forth- with move against him in the, criminal courts. « Under the law Coburn was not com- pelled to verify his petition. His allega- tions simply ralse the issues upen which the court must pass. He is hence evasive in his petition-and makes no direct alle- gations against any one, but lcaves the impression_that the crime of destroying a will was committed ‘on July 22, 1900, at 1221 California street, by Ella F. Murray. Names Alleged Legatees. In his petition, as before stated, Cobura alleges that in _Ju_ly of 1894 Mrs. Town- send executed a will. The execution of the instrument, he contends, was in the presence of Mrs. Murray and Cyrus W. Carmany, secretary of, the Savings and Loan So¢lety, who for years was the con- fidential agent of the deceased. In this will, Coburn continues, he was oequeathed, $25,000, and with him, in the testament, there were named as legatees, Forrest Coburn, a | rer, of Seattle; Mrs. Ellen M. Quick, a sister; reslding at 219 ‘Bergin street, Brooklyn, N. Mrs. Anna Forsholm, a sister, of 639 Lexingten avenue, New York; Mrs. Alonzo Quimby, a sister, reslding on Clemsford street. near Plain, Lowell, Mass.; Mrs. Charles C. Bradford, a sister, of 43 Chelsea street, East Boston, Mass., and Charles C. Brad- ford of East Boston, Mass. 2 Though the alleged testament was executed, it i alleged, by Mrs. Town- send In the presence of Mrs. Murray and Cyrus W. Carmany, it is not averred by Coburn that they were called upon to place their signatures thereupon as wit- ‘was. performed by ‘Mary Ros the petition continues, the testament was kept in the California-street residence un- til after the death of Mrs. Townsend. Then, it s asserted, “Mary Roe and John Doe"” consigned it to the flames. At least two competent witnesses can be produced to prove the contents of the will, Coburn alleges. Who ghese witnesses are his counsel refuses to state, but if he is relying for support upon Ella F. Mur- ray and Cyrus W. Carmany, a glance at the transcript of testimony taken during the hearing of the petitions of Ella F. Murray and Public Administrator Boland for letters of administration upon the es- tate of the deceased will demonstrate the frailty_of his case. Mrs. Murray Wins a Point. Almira S. Townsend died leaving an es- tate which, according to the petition filed by Coburn, is worth $700.000. Shortly be- fore Mrs. Townsend's death Ella F. Mur- ray, her daughter, came to this city from Boston and announced that she intended to make San Francisco her future home. Upon the death of Mrs. Townsend Mrs. Murray filed application for letters of ad: ministration upon the estate of her ded ceased parent. Her petition was contested Dby the Public Administrator on the ground that she was not a Tesident of this State and was hence not entitled to letters of administration as prayed. Evidence in 'support of and in opposition to Mrs. Mur- ray’s petition was heard by Judge Dunne, who rerdered a decision in favor of the petitioner and against the Public Admin- istrator. In a recent argument before Superior Judge Troutt it became necessary for Mrs. | Murray to take the stand to offer testi- mony in ‘support of a condition alleged by counsel to exist. Mrs. Murray took the stard snd under oath testified that the Public Administrator had “demanded $5000 from her in return for his promise to quit his pursuit of her and to abandon his clalms to any portion of her mother’s estate.” “And,” Mrs. 2Murray testified, “it was told me that if T did not pay the $5000 demanded my mother's estate would be kept in the courts for flve years and more ‘It necessary.” During this recent hearing before the Superior Court it also became necessary to refer to certain testimony offered dur- ing the hearing of the petition of Mrs. Murray’ for letters of administration.” A review of this testimony :bowq that Mrs. Murray had testified that the deceased left no will; that Cyrus W. Carmany testifled ‘positively that, although Mrs. Townsend had at one time requested him to draft a will, she never followed her request by the ‘expression of a desire to execute the same ‘and that hence, so far as the wit- ness knew, she died intestate. John T. Harmes, who also acted as an agent for ‘Mrs. T¢ , was equally positive that Mrs. Townsend did mot leave a will and 5 for the probate of s Mouna who would stand sponsor | | | & ‘L THE DECEDENT AND THOSE || WHO ARE FIGHTING FOR | HER ESTATE. +* “a burned and destroyed will executed in the presence of Ella F. Murray and Cyrus W. Carmany.” In making this allegation Coburn not only indirectly accuses Mrs. Murray of having destroyed the will of her deceased mother, which, if committed, |1s a felony, but also, by implication, charges her and Cyrus W. Carmany of having committed perjury upon the hear- ing of the petition for letters of adminis- | tration, for they swore that no will was | in existence and that they had no knowl- edge of one. having been executed. | Matt Sullivan of the firm of Sulllvan & | Sullivan denounced Coburn’s petition yes- | terday “as another attempt upon the part | of displeased collateral heirs of the de- | ceased to worry Mrs. Murray and if pos- | sible to force her to compromise with him | and other claimants.” | “It this s Coburn’s pian, however,” | sald Mr. Sullivan, “it would be wise for | him to'withdraw his petition at once. The threat has been made that this estate will be kept in court for five years and more if necessary not by Coburn, it is true, but | his petition so closely follows the utter- | ance of the threat that it is certainly sig- | nificant. | “Coburn and his counsel are aware that Mrs. Townsend never executed a will. Diligent search was made for a tes- tament immediately after her death. | Former Presiding Judge Bahrs, M. C. Hassett, attorney for the Public Admin~ istrator, and - I searched through Mrs. Townsend's papers at the Safe Deposit and also in her safe at the Savings and Loan Society, but no trace of a will was found. A thorough search of the dece- dent’s late home was also mads, with like result. Rumors of a lost will caused the search referréd to. The story of a ‘lost will’ is not new to us, neither is it to Mrs. Murray. Forged Will Is Produced. “Shortly after Mrs. Townsend’s death & forged will was sent through the mail to Miss Nellle Rattigan, Mrs. Townsend's former companion, but the forgery was so poorly executed that no one could be the document. And this, the ‘destroyed will’ story, is not the only means being taken advantage of by claimants and others in the effort to force Mrs. Murray to part with a portion of her estate. “Not long ago an advertisement ap- Continued on Page Fourteen,