The San Francisco Call. Newspaper, May 26, 1901, Page 23

POrOne TORORORGRING RO Pages 23 EEKOXOE SREXG 1 X SHOROHONINOQ ] % 03] The Yo be taken the Library.«+s+ SAN FRANCISCO, SUNDAY, MAY 26, 1901. Tall. Pages 23 DOHORG RORPAIRIROR O N IRATE LODGING-HOUSE KEEPER : VIGOROUSLY USES HORSEWHIP ON ATTORNEY CHARLES NAGLE| Mrs. Kate Burke Resorts to Violent leans to Compel Well-Known Lawyer to Pay Bill Contracted by His Client. you cow excite bulld the same Again ard, you thiet, dly cried Mrs. addressing Attorney in front of the Em- ding yesterday i time emphasizing s by vigorusly las hing the ob- and 1 the whip fell, despite the efforts of e to prevent it, and the woman only cea to ply the rawhide when her strength began to fail and the attorney veized an opportunity to grasp the rm and wrench w man's Vol hip from her. i had been atracted by the but no one i€, but triumph- pon, and contin- —- TION o - - Jolcing. Another policeman dispersed the crowd, which was compelled to leave with- i and wife, clalmants for a share in the estate of the late Dr. Martin of Oakland. Nagle represented the heirs, and one of his duties was to see that Mrs. Burke was pald for sheltering his clients. This, Mrs. Burke clalms, he neglected to do, despite numerous appeals, and she then determined to take the law into her own hands. The amount alleged to be due Mrs. Burke is only $22, and she thinks she still has quite a sum coming after allowing credit for the horsewhipping, and says she will collect the balance in the same manner, so the prospects for the future look rather dark for Mr. Nagle. Mrs. Burke was seen at her house on Howard street last night' and was aching for another chance at the attorney. She sald, In a voice trembling with rage: “Mr. Nagle owes me that $32 and I am going to have it out of him. As lawyer for Martin he paid me $36, honoring my lodger's orders for that amount. He sald some time ago when I made‘a claim for the $32 now due that $9 30 was all that was coming to me, but offered me $20 to 11 it even. 1 refused and placed the case In the hands of a collector. The lat- ter reported to me he could do nothing and that I had better take the $20. I would not take anything less than $32, and failing to get that I bought a horsewhip and took a few dollars’ worth of pumish- ment out of Nzgle. There is still a bal- ance due, and 1 intend collecting that in RS, MATE BURKE., WELL-KNOWN LAWYER AND THE WOMAN WHO CREATED A BENSA- BY PUBLICLY HORSEWHIPPING HIM IN FRONT OF THE EMMA SPRECKELS BUILDING ON MARKET STREET, < Al ——— the same way." Nagle claims he is not responsible for fter leg]n‘ who out gathering any information as to the the debts contracted by Martin, He says B W to his um«_ in the cause of the row. he did not send him to the house run by u angry woman was then Mrs. Burke s the proprietress of the Mrs. Burke, and therefore she has no es » the crowd by a police- lodging-house at 1118 Howard street, and right to call on him’ for the room rent snan anl t o8 way, evidently re- as such rented apartments to I Martin owed by his client. TREAD OF BURGLARS WAKENS BOY FROM SLEEP AND MARAUDERS BEAT HIM TO DEATH IN BED Thirteen-Year=0ld Robert Hislop Found by Parents Upon Their Return From Town With His Skull Crushed, Probably by a Hammer. of the most this city 13, was fou yme blunt instrumen several places ald the ¢ perate pair securing terrible crimes com- for many years was ed last night, when Robert His- Jy murdered by burg- father's residence, 10§% F ght s he lay in bed the housebreak-| fearing that he was about | utery, repeatedly struck him t, crushing the | After satisfying that he was beyond all human thoroughly ran- little of value, r 7 o’clock last evening Mrs. usband her usual custom, went who conducts a car- jture store at 341 Hayes street. her son to accompany her, but red he refused her request, to “keep house” until she re Before leaving the residence Mrs. Hisiop extinguished all the lights, with the exception of the one in her son's room, which is in the front part of the house Mrs. Hislop assisted her husband in cloging his place of Lusiness, after which they walked up Haight street to their As they re wed the house Mrs. home H t and back pariors. tinguished the tore leaving “I know there house nervo band, ~*'I before her home are £t 1 lefe,” Without Mr, Hislop quickly opened and ran upstairs the bu and he foun floor p was surprised to see a light in the As she had ex- lights in those rooms be- she became sus- told her husband, burglars in the ly said to her hus- am wure that 1 extinguished the walting to question his wife the front door KEntering the bedroom, wi drawers tossed about in great disorder, As the room occupled by his son was in Aurkress, Mr, Hislop with many misgivs g called 1o his offspring, There wis no response, and fenring the worst the anks fue father opened the door Robbie, my bay he doudly ealied, twhy don't you answer meW Bl there swas no response, and with trembling fngere Mr. Higlop lehted the “nn Buddenly an exclamation of horrer es: in blood that flowed from at least a dozen different wounds. “My God, Robble; can't you speak?”’ pitifully asked the grief-stricken parent, | casting aside the bloody coverlet.on his son’s body. With a faint gasp the boy died, and with a plercing scremm Mr. Hislop ran from the house to inform his wife of what had happened. | The wall of the room was bespattered with blood, showing that the unfortunate | boy made at least a faint struggle to es- cape from his assassin. Aroused by the cries of the grief- stricken parents, several of the neighbors | ran into the house, and, upon learning of the crime, at once telephoned to the | police, | | Detectives 124 Gibson and Riordan were | oon on the scenc and they immediately set to work to find some clew which would lead to the capture of the murderers. As the doors were found locked, the supposition is that the burglars climbed through the half-open window of the room occupled by their unfortunate vic- tim and started to ransack the’ house. Young Hislop was awakened by them, it is thought, and as he made an outery they crushed his skull, presumably with & hammer, George E. Hislop, the brother of the murdered boy, was heart-broken and could scarcely speak, He bore up bravely, however, and awssisted Captain Seymour and Detective Gibson until they left the house, when he broke down and sobbed like & child, He could glve no Informa- tion concerning the affair other than that he had been In the house for an umbrella early In the evening and everything ap- peared as usual, He said; "My mother went to my fath- er's store, as I8 her custom, and before leaving tucked Robble carefully into hed, Bhe wanted Wm to go with her, but he wiid he hag some work to do and would rather stay at home, He studied for a Hitle white and then went (o hed and mother kigsed him good-night,"” The members of the Gagan famply, reae wlding 1n the lower flat of the hbuse In which the erlime was commitied, are at a coped Bie lpe 88 he beheld the aimost | loss 1o understand how the murder eould lifciess body of bis son, hie head bathed | have veeurred, Mis, Gagan saldi " We had company at the house during the en. tire evening and the visitors did not leave until 10 o'clock, *It must have been about that hour that we heard the only noise that could be connected with the terrible affair upstairs, 1t sounded to us as if the people there were closing the doors In the house, pre- paratory to retiring for the night. We paid no attention to it, and knew nothing of the murder untll aroused by the cries of Mrs. Hislop." —_— A Sues His Former Partner. AKLAND, May 2.—Willlam F, and M. A, Arbulich, former partner:{rl‘ln: Berkeley carpet cleaning establishment, are engaged In a sult brought by the for. mer to restrain the latter from conducting a rival concern, j Heine says that his partner him for $400, the agreement b.«;fld(g:: g war not to engage In that business In Berkeley for five years, Arbullch opened ;y‘r:!:“;h(-r(nnr:wl l:rnll:g concern in the for- b en territory an must why he did go, » BET vaRRie B e — Unitarian Sunday School Closes, ALAMEDA, May 25,~The Unitarian Bunday-gchool closed the terh last night with u programme of music and dong in the parlors of the church, The partici- pants were Migs Toaspern, Mrs, McGee and Floyd Hirschfeldi, who gave a stere- opticon exhibition, The Bunday-school will remain closed during the summer months, e Board of Trade Headquarters, ALAMEDA, May 25.~The Board of Trade, Alamedn's lntest mereantile organ- Iwation,, has secured rooms In the Central block, corner of Oak street and Central pyenue, for headquarters, All the future b.umwn- of the hoard wiil be transaeted there, B To Attend Memorinl Seryices, ALAMEDA, May #i.=loe Hooker Post Na, 11 of the Grand Army of the Repubiie will attend memorial services to-morraw evenlng In the First Methodist Chugeh, ‘he Hev, ¥, H. Dennett, pastor of the ehureh, will preach to the velerans, THLK OF SIMS FOR GOVERNOR Iroquois Braves Oppose the Santa Rosa Senator. Hays’ Famous Order Is Re- garded as Fatal to Gage's Prospects. = ‘With the departure of President McKin- ley the pendulum of political interest Among Republicans the aspirations of would-be candidates were not given much thought during the presence of the chief executive and the consequent more than usual prominence of the members of the “Federal brigade.” Democrats, however, kept the tongue of gossip wagging and their prospective can- dicates are more strongly silhouetted on the horizon than are those of their oppo- nents, though of necessity the leaders of the forlorn hope must wait to see where the tents of the enemy are to be pitched before mapping cut their own plan of cam- paign. So far as present conditiors will permit of decision the leaders of the State De- mocracy have practically settled upon State Senator J. C. Sims as their candi- date for Governor. Sims is a man of clean record and excellent reputation in public life. His genial personality and amiable d'gnity win. friends for him easily and he is recognized as possessing much political strength. As chairman of the Democratic State Central Committee during the last campaign he came into close touch with party leaders all over the State and most of them are numbered among his political friends. v Inimical to Sims. All is not tranquil, however, in the Dem- ocratic ranks. In San Francisco particu- larly there is a large number of the faith- ful who have no love for Sims. The Iro- quois Club is the hotbed of anti-Sims sentiment, and that organization will fight him first, last and all the time. 1f the project so feebly launched at Be- nicia last Monday gains any headway when once its salls are set Sims will never Lave a chance. Max Popper, Charles Gil- dea, Clitus Barbour and some. more who were in politics once had a “State confez- - | ence,” and decided that the Democracy of, California must be organized. Charles H. Holcomb was elected grand sachem of the Iroquois clubs because he would have the time and the ability to go about the State and organize Iroquois clubs everywhere, which would become controlling bodles, and through their affiliation with the clubs elsewhere would provide an effective State organization. If the scheme prevalils Sims will scarcely be the next Democratic nom- inee for Governor. That is not saying that his chances are not bright, for no- body expects the scheme will sucgeed. It is doubtful if even Popper or Clitus Barbour or the gentlemen from Walnut Creek who | constituted most of the remainder of the delegates present at the great “State con- ference” have faith that the puny Benlcia child will ever grow Into lusty youth or sturdy manhood. ) Thé 8an Francisco Troauols Club some weeks since adopted resolutions condemn- ing members of the Legislature who voted agaiust the bill abolishing the polltax. That was Intended for Sims. Nobody knew or cared who the others were. Jo- seph Leggett/ was present that night and he spoke very bitterly of what he termed Sims’ betrayal of party pledges. | Members of the Iroquols Club go into a rage when they recall that Senator Sims sald n an interview Immedintely pfter the last election that the free silver issue de- feuted the Democracy In this State, and thot with ancther candidate and other is- suex victory could have been won. To their way of thipking, that was treason. It may have been the truth, but Sims ought not 1o have declared it, Senator 8ims was on the excursion steamer Onisba Sunday with its load of the faithful on the way to the jubllee ccle- bration at Benicla, but he was left very much alone by the men who were engl- neering the gcheme. ““I'he nerve of the m: “Wonder it he dor't read the papers? ‘Maybe he don’t know what the Iroquoig Club thinks of him!" Such remarks were heard frequent- ly during the trip, yet Sims has the sup- port of the men whe are the present-day party leaders and he is strong with the rank and file of the party. Dr. Dodge Is Waiting. Behind the Iroquols Club's enmity to Sims lles a well defined and generally un- derstcod determination to force Dr. Washington Dodge into the running for the Governorship. They look upon him as the Moses who can lead them out of Fgypt, and they insist that he shall take the job, That the Assessor has political ambition is not questioned, but thdt he is also a shrewd politician is not denled, and his consent to become a candidate will depend, it s said, upon the direction straws blow In the Republican camp. Max Popper sald at Benicia the other day that if the Republicans renominated Gage, Dodge would be nominated by the Demo- crats and elected. Doubtless Dodge has some such idea himself. But If the Re- publicans follow a different plan the As- sessor will probably be wlilling to leave the glory of candidacy to Sims. Shrewd politiclans in the Republican ranks, dnd among them some of Gage's closest friends, Interpret the recent ubti- matum of President Hays of the Southern Pactfic, that his subordinates must efther abandon politics and get down to business or go out of business and drift into poll- tics, to mean the political ending of W. F. Herrin,. Why, ‘they say, should Hays go after the scalps of such men as J. B, Wright and leave unmolested in political machinations the man who directed the wire-pulling of the men now deposed? With Herrin out of the game it Is ad- mitted by Governor Gage's friends that his chances for renomination have been alarmingly decreased. The Governor's strength does not lle In the loyalty to him of the rank and file of the party, but in- stend In having behind him the machin- ery, motive power for which has been fur. nished from the big yellow bullding, Men Talked of for Mayor, In local politics Interest centers In the probable nominees for Mayor, Both Charles L, Patton and Dr, Perrault have a strong following and each Is belng urged to week the Republlcan nomination, If both enter the race the contest will he a lvely one, Mayor Fhelan has alveady announced that he will not be & eandidate for a pe- nomination, In any event he would not figure prominently in the game, "Colonei’ Martin Brady onnounced somé time ago that If Phelan were nominated he would geek (he nomination agalnst hlm. Just at present the Democracy 18 very mueh at wen a8 Lo whem to ehoose foF standard: bearer, gupervisor Joseph Tobin's friends are urglng him for the nemination, and Bus swings back to State and local affairs. | re AKLAND, May 2.—In a battle for his life, S8amuel 8. Austin, a prom- inent real estate broker of Wast Oakland, shot and. killed John H. Burnham, ‘his man of all work, at 12:30 o'clock this afternoon at the Austin residence, 1261 High street. — Burnham, drunk and ugly, had attacked Austin with a pocket knife. The men grappled and struggled across a barn floor out into the vard, the hired man slashing with his weapon and ripping Austin's coat In sev- eral places. 3 Austin drew his pistol and with each blow from the knife fired at Burnham as they fought hand to hand for their lives. Three shots fafled to stop the infuriated Burnham. Austin was backed down to the rear porch of the residence, when he managéd to get his pistol at Burnham’s neck, and as the knife of the latfer again slashed through his coat sleeve fe pressed the, trigger and sent a bullet through his assailant’s neck. The bullet cut the main artery and as the blood spurted from the wound Burnham staggered back, closed his knife, put it in his pocket and sank to the ground, dying in a few minutes. * Austin stopped to compose his wife and their housekeeper, and then went to Charles Harrison’s place at High street, on the San Leandro road, where he tele- phoned to the Sheriff that he desired to surrender. Surrenders to Deputy Sheriff. Before response was made from down- town Austin found Deputy Sheriff Ed- mund Gates at High street, to whom he surrendered and turned over his pistol. Harrison notified the Coroner at Aus- tin's request and Burnham'’s remains were removed to the Morgue. The bullet wounds in the body were four—one in the neck, two on the right side of the chest and another in the left shoulder. Austin was taken to the County Jail by Deputy Sheriff George Taylor, The pris- oner was calm and deliberate, but ex- pressed regret at being compelled to kill a human bgifg. He was covered with dirt o FIERCE BATTLE TO THE DEATH BETWEEN A REAL ESTATE MAN OF OAKLAND AND AN EMPLOYE Samuel S. Austin Shoots and Instantly Kills John H. Burnham, His Stableman, Who Viciously Attacks Him With a Knife. LS s, “.."“... ss0ao® g -"-...—-......--_" — and dust and on hig outer coat were-the cuts that gave evidence of the conflict. One knife thrust hgd gone through the outer coat and had ripped into the vest. A second cut was in the breast and a third was on the right sleeve, where the knife blade slashed when Austin had thrown up his arm to ward off a thrust. The encounter, according to Austin, there being no other witnesses, was the result of Burnham's threat to kill his em- ployer because Austin had reprimanded him for threatening actions toward Mrs. Aastin and the housekeeper, Mrs. Har- desty, during nis absence. The real estate man’s story of the des- perate encounter as he related it at the County Jail follows: How the Trouble Started. “When 1 went home to lunch at noon from my office at Twenty-third avenve I went out to the barn to have a double team hitched up to drive some people to Seminary avenue, where they desired to inspect some property they had Just pur- chased. Burnham had been drinking some and I noticed it then, but I paid no special atention to that. I drove back to my office In a single buggy, leading the team. There 1 met my people and we started out San Leandro road. At High street Mrs, Hardesty, the housekeeper, met me. She was terribly excited and said ‘Joe, as we called Burnham, was drunk and acting ugly, and my wife was afrald of him, The housekeeper wanted me to come up to the house at once and see Burnham. 1 was anxjous to escort my. customers to Beminary avenue, and not imagining there could be anything se- rious told Mrs, Hardesty that she need not worry, Joe wouldn't harm anybody, “EBut she persisted and I went along with her, As soon as I arrived home Mrs. Austin told me that Burnham was drunk and abusive, He had come Into the house and pulled out his knife, and she had or- dered him out, It seems that Burnham was going, after lunch, out to a fleld to cut some hay, The only horse he could v pervisor Booth {8 looked upon by a large number as the man for the place, Booth has ability and a host of friends and he would make a strong candidite, An effort {s lelng made to Induce As- sessor Dodge to run for Mayar, but he has his eye on bigger game, The offce has not proved a rellable stepping-stone ta the Governcvship, snd Dodge 18 (oo #nod & palitielan to ruln bright prospects foy the mare Important office by dallying with the ather, i When Gavin ab Has Spoken. However, when all the #uessers have BRIl S s T "l i take, the others being in use by me, was a threc-yeur-old colt that was just broken to harness. He wanted Mrs, Hardesty to £0 alcng and hold the colt white he was at work in the field. Mrs. Austin told him he couldn't do that. Then he be- came ugly and pulled out his knife. A Savage Attack. “I went at once to find Burnham to remonstrate with him about his actions. He was in the barn, some distance from the house, and 'was packing his clothes in a valise. I sald; ‘See here, Joe, you must not get drunk and 'frighten the ladles arcnund the hcuse. You must aet like a gentleman,’ “He drew his pocket-knife out and opened it. I thought he was going to use it 1 his packing, but he jumped toward m aying: You -— — —. T'll kill you," grab- bing me by the coat and making a lunge at me. *l backed away from him and tried to free myself, and he followed me up across the stable, thirty or forty feet, and out into the yard. I struggled and warded off the knife thrusts, but I saw it was my life or his, so I got out my pistol and commenced to fire at him so closely that his clothes caugnt fire. 1 shot at him every time he lunged at me with the knife, but he did not stop until I put the pistol at his neck, and when he let go after 1 fired that shot he coolly closed the kuife, put it Into his pocket and sank to the ground near the porch steps. Always Carried a Pistol. “I have carried a pistol ever since 1 went into business and I have al- ways had a permit, The weapon was only for selt-protection, as I often carry home several hundred dollas at night from my office on Twenty-third ave- nue. That is why I had the plstol in my pocket, “As soon as 1 realized that Burnham was dead I told my wife and Mrs, Hard- esty, who bad been attracted by the whots, to go into the house. I went down to be Mayor, and when Gavin McNab has wpoken all the other fellows will ¥ "Just the man the office has been seek- Ing!" Whether it i to be Dodge or Tobin or Booth or 4ome one else, McNah will not tell, even If his mind I8 made up on that important question, What (s "Billy'" Deane golng tn do? Nobody ls asking that question with so mueh of trepldation as the four deputies In his offlee, whe are ambitlous ta sie: ceed him as County Clerk. They all want him ta Fun for the namination for Sheriff, Then one of them, they fure, ean sue- ceed him, and the three less fort: conitlniie a8 deputles, PRINCIPALS IN FATAL DUEL BE- oo ulmml e TWEEN A REAL ESTATE DEAL- ER.AND HIS HIRED MAN. L to Harrison's and he telephoned for the Sheriff and Coroner. I waited awhile and then drove out to the Seminary avenue place. I told my customers that I had just killed my hired man and they would have to excuse me. When I drove back to High street Edmund Gates told me he was a Deputy Sheriff, #o 1 surrendered to him and gave him my pistol. “That is the story. 1 can only say that 1 am heartsick at the thought of having taken a human life, but it was my life or his, and mine comes first."” Burnham Had Served Time. Austin sent at once for his attorney, George W. Reed, and pending his arrival from San Francisco Attorney George Jackson took charge of his case. Austin stands well at East Oakland, having an extensive business and beafing an excel- lent reputation as a law abiding citizen. His offices have been at 1101 Twenty-third avenue for many years. NeWs of the shooting spread so rapidly that before he reached the County Jail many of his friends were making efforts for his re- lease. Burnham had been employed last fall by Austin and left, returning a couple of months ago. “I do not know much about the man, except that he has a sister in the East,” said Austin. “He told me that he once stabbed a man." The records of the Alameda County Jail throw more light upon Burnham's career, and this episode is not the first one in which he played a part as a knife wielder. On October 12, 1860, he was sentenced to a year's imprisonment In the County Jail for stabbing Gustave Nelson, an iron worker,- at Emeryville. Burnham had been drinking and made an unprovoked attack on Nelson in a saloon after abusing and threatening the woman who conduct- ed the place. Some time before that Burn- ham clubbed an old man into Insensibility during a row*over a calf in Redwood Can- was 52 years of age and a na- tive of Massachusetts. The knife Burnham used in his fight with Austin was found in the dead man's trousers’ pocket, covered with blood. It is an ordinary shell-handled tool, the long- est blade being ground down to a sharp point, Burnham was of heavy larger than Austin, Judge Ogden to-night, upon motion of Attorney George W, Reed, admitted Mr. Austin to !f:-ll in the sum of $10,000. A bond was furnished in ti Willlam G, Henshaw and %‘r‘ R L -4 each qualifying for $10,000, tin was re- leased from custody, Jud Ogden ap~- proving the bond. physique and @ edviviviolmirieivieirimislvisl sl @ “How ean Deane hope to win as eandi- date for Bheriff,” a clerk in his office put It the other day, "If he cannot he renom- mated for County Clerk? The public will figure that if 2 thivd term 18 not due him he has no claims to another and fatter county offies, Husides he wii have agalnst him 4 large number of Lackmann's friends should he defeat the present Bheriff for tha nomination— men who weuld probably mgnfl!l him far the Caunty Elapkshlp. In other words, he eould seavcely galn palitieal friends and fie aertalily would make enemies by he- oeming a candidate for the Romingtion for Bherift,"