The San Francisco Call. Newspaper, September 5, 1901, Page 1

VOLUME XC—NO. 96, SAN FRANCISCO, THURSDAY, SEPTEMBER 35, 1901, PRICE FIVE CENTS ADMIRAL SCHLEY AND COUNSEL PREPARE TO CONTEST DATIAGING EVIDENCE AT COURT OF INQUIRY Decide Upon a Course of Procedure, Anticipate the Statements of All the Impertant Witnesses and Prepare a Narrative of the Campaign Which Ended in the Destruction of Cervera’s Fleet ALL BUREAU, 1406 G STREET, N. W., WASHINGTON, D. C., Sept. 4—Rear Admiral Schley,and his counsel have determined upon the course of procedure they will pursue during the hearing of the maval court of inquiry, which will begin mext week. Already there has been pre- pared a narrative of the campaign which ended with the destruction of Cer- vera's fleet, comprising more than 50, 000 words. This narrative contains the views of every officer who will be called, €0 far as known by the department and by Schley. Counsel for Schley will thus Dbe able to anticipate the statements that will be made by witnesses, and to con- duct the examination or cross-examina- tion in such a way as to make a favor- able showing for their client or minimize the effect of damaging testimony. Schley Requests Witnesses. Schley has made a request of the Navy Department that a number of witnesses whom he expects to call before the court of inquiry be brought to Washing- ton at this time in order to permit of conferences between them and counsel. In response to this request Acting Secre- S Jusce WILSON: +- 2 2 . |oabore- [ZOUSES * ATTORNEYS FOR REAR ADMIRAL SCHLEY WHO ARE PREPARING FOR COURT OF INQUIRY. e tary Hackett to-day advised the admiral that if he will furnish a list of those he desires to come they will be brought here as rapidly as circumstances permit. The Navy Department has no official information as to the condition of Ad- miral Sampson. Some private letters have been received, however, rather fa- -3 vorable in tone. One of these came about a week ago from Mrs. Sampson to Judge Advocate General Lemly, the admiral's wife having attended to certain corre- spondence owing to his indisposition. Mrs. Sampson stated that the admiral was considerably improved. The offical reperts from the Beston Navy-yard con- tinue to bear his signature, except when he is out of the city. PHILADELPHIA, Sept. 4—Captain James M. Forsyth, U. 8. N,, to-day re- celved a letter from Secretary Long re- questing an explanation of his alleged in- terview. upon the Sampson-Schley con- troversy, which was accredited to him by a Kansas City newspaper. The interview quotes Captain Forsyth as saying the trouble in naval circles is due to the fact that Admiral Sampson was promoted over | the heads of seventeen capable officers who were his seniors in rank. Captain Forsyth admitted having recelved a letter from the Navy Department, but declined to speak further for publication. Sampson Is All Right. NEW YORK, Sept. 4—The Herald is in receipt of the following letter from George H. Dana, Sunapee Lake, N. H.: “In your issue of Sunday last there are such gross misstatements of the condi- tion of Rear Admiral Sampson that T feel sure that you will be glad to correc them. The rear admiral arrived at Burke. haven Hotel on August 22. He has not been secluded from the public for a day, has been present at every meal at public table, has had no medical attendance whatever, has received no call from Sec- retary Hay or the Postmaster General, has been on the lake or driving several hours every day since his arrival, has im. proved wonderfully in health and sits on | the hotel veranda smoking cigars and conversing pleasantly with the patrons of the house day and evening. He has re- fused to be interviewed by reporters, which, T presume. is the cause of such statements as appeared in the Brooklyn ]Eagle and New York Herald on Sunday ast.”” L T et e ) CLARK TO BUY FAMOUS RANCH Montana Senator Will Soon Be Possessor of Marcus Daly’s Bitter Root Estate e Dispatch to The Special Call. BUTTE, Mont., Sept. 4—The announce- ment is made that Senator W. A. Clark is about to become the owner of the cele- brated Bitter Root ranch, founded and brought to perfection by the late Marcus Daly, who was Clark’s bitterest business and political enemy. It is stated that Mrs. Daly is anxious to sell the property, and Senator Clark bas sent an agent to the ranch to examine it and make a re- port to him as to its value. The ranch has been famous the world over as the former home of such noted horses as Tammany, Hamburg, Montana, Ogden, Lux Casta, Ponce de Leon and many others. The ranch consists of 125,00 acres of the best land in Montana, of which about %000 are under cultivation and upon which Daly spent millions of dollars in tmprovements. It is said that Senator Clark’s intention is to cultivate sugar beets on the ranch. 4 Slave Traders Are Defeated. BRUSSELS, Sept. 4—Advices from Ka- tanga, Central Africa. report a pitched battie between twenty-five troops of the Congo Free State and 200 siave traders, well armod, rosuiting in the defeat of the }Flave traders and the capture of 150 rifles | | | NEW APPARATUS FOR WARSHIPS Navy Department Will Be Advised to Adopt a Sys- tem of Wireless Telegraphy e CALL BUREAU, 1406 G STREET, N. W.. WASHINGTON, Sept. 4.—Action will be taken by Rear Admiral Bradford, chief of the Bureau of Equipment, in the next few weeks which will result in the early equipment of American warships with the wireless telegraphy apparatus. Rear Admiral Bradford has decided to recommend to the Navy Department that orders be issu=d to an officer he will des- ignate to make a final competitive trial of the wireless telegraph systems in use. The delay of the department in adopting a system is due to the representations made by Marconi that he was engaged in developing an invention which would overcome the interference of electric waves, the principal objection raised by naval experts to his system when experi- ments were conducted on the battleship Massachusetts two years ago. SIGNS THE CONTRACT FOR MARE ISLAND DOCK VALLEJO, Sept. 4—The contract for the new stone dock at Mare Island was signed in Washington to-day by the Sec- retery of the Navy, and notice thereof telegraphed to the Mare Island authori- ties. The statement telegraphed a month ago that this contract had been signed was an error of an employe of the com- pany, the Washington officlals and the dock pecple having on that date arrived end an immense quantity of merchandise. -at an agreement. SPEECH COMES WITH AN OATH Deaf Mute Suddenly Regains Use of His Vocal Organs After Nearly Half-Century _— Bpeclal Dispetch to The Call. ATHENA, Or., Sept. 4.—Lester Rose, who has been deaf and dumb for forty- five years, regained his speech to-day. To tease him two men crawled upon the roof of his house and began tearing down the chimney. Rage took possession of Rose. He flung his arms about, beat his breast and tore his hair. Finally he screamed: “Damn you, come down!" The shock has nearly unsettled his reason and he is held in the Pendleton Jail for safe-keeping. He is 49 years old, a gambler, and lost his speech after an attack of scarlet fever when a child. He is still unable to hear. Physiclans ex- press the belief that his mental faculties will not suffer permanent harm from the shock. / SULTAN BEGS THE CZAR TO HASTEN INTERVENTION LONDON, Sept. 5.—“The Sultan wired the Czar Monday,” says the Vienna cor- respondent of the Daily Telegraph, “beg- ging him to intervene in the Constans dispute.” PARIS, Sept. 4—The French Govern- ment has decided upon the first coercive measure against the Sultan of Turkey. A decree has been drawn up and will probably be signed to-morrow, expelling a number of Turkish agents whose mis- sion has been to spy on the young Turks 4 COLUMBIN 10 BE GUP DEFENDER Committee Decides It Is Uusafe to Enter the Constitution. No Time Left to Overcome the “Crankiness” of the New Yacht. N It Is Frankly Believed That the Com- ing Seriss of Races With the Sham- rock II Will Be the Closest Sailed for the Trophy. Special Dispatch to The Call. NEW YORK, Sept. 4—The World says: From a private source which is most reliable the World learns that | the Columbia has been chosen to de | fend the America’s cup. quence of this decision there will bs In conse- no race to-morrow. The cup committee, after several days of serious debate and after a most care- ful and eritical analysis of all the facts and conditions finally came to the con- clusion that it would be unsafe to choose the Constitution. | It was decided that there is not suffi- clent time left in which to overcome what | they term the Constitution's *‘cranki- ness.” g The World is informed on the same ex- cellent authority that members of the | cup committee frankly belleve the nomA} ing series of races with the Shamrock IT | will be very close, but the Columbia’s im- | crew inspire them with confidence that she will successfully defend the cup. CONSTITUTION’S POOR RUN. Loses Race With Columbia on Ac-‘: count of Bad Handling. NEWPORT, R. L, Sept. 3.—The Consti- tution salled a capital race to-day against the Columbla over a course fifteen miles to windward and back in a breeze whose | force averaged about eight knots, {ts| greatest power being twelve knots, near the finish Hee. Whe Culumbia wey by 17| seconds, corrected time, the Constitution | beating her rival boat for boat over the course on elapsed time of 54 seconds. This does not include the handicap of 21 sec- onds or more with which the Constitu- tion started. Had she not been handi- | capped she would have won. On the wind- | ward work she gained on the Columbia | 32 seconds and also 22 seconds on the run | nome before the wind. | In heavy puffs when close to the finish {1line her balloon jib topsail split in two | and caused a big tangle aloft. The Co- lumbia was compelled to haul down her ballooner at the same time, for the squall carried away the cringle at the head of the sail. But the big sail on the Consti- tution refused to be controlled and flut- tered in segments aloft, and all hands had | to do their best to muzzle it. On the | | other hand, the Columbia hauled down | her balloon jib topsail in seamanlike style | nd, smartly bending on the spinnaker halyards, hoisted a reaching jib topsail in stops and, breaking it out quickly.{ darted across the line a winner. In tak- | ing In spinnakers about twenty minutes | befhre the finish line was reached the | Constitution’s sail got tangled in the | headstays and it took several minutes to get it on deck. While flapping aloft the | balloon jib topsail had no opportunity to exert its utmost drawing power. At this time the Columbia’s ballooner was doing | most effective work. To smart handling and excellent judgment the Columbia’s victory to-day was due. There is no ques- tion that the old mainsail and the altered headsails of the Constitution, which she carrled to-day, had much to do with the improved showing she made. The handicap at the start seemed to be due to a lack of smartness aboard the Constitution and also to the more able sea jockeying of those in charge of the Columbia. The Constitution allowed her- self to be forced on the wrong side of the line and was compelled -to gybe around short on her heel and then to take the other end of the line, a deadly handicap. This and the splitting of her balloon jib topsail certainly lost her the race. Haad it not been for these mishaps the Consti- tution would have beaten the Columbia by a small margin beyond the 1 minute 11 seconds allowance over the course. - > There will be no race to-morrow, and while the yacht committee held a meet- ing to-day no announcement of future races was made. | NAME THE CONDIDATES FOR MAYOR OF NEW YORK NEW YORK, Sept. 4—The committee of one hundred of the Citizens' Union met to-night to consider the list of names pre- pared by the ~ommitiee of twelve at the meeting last Thursday. The committee of one hundred finally voted on candi- dates for Mayor and selected John Dewitt Warner, Seth Low, George L. Rives and George F. Peabody, leaving out Bird S. Coler and F. Morton Goddard as possible nominees. Jerome O'Netil, a labor leader, who fa- vored Coler, made the announcement of the result. With nine other Coler men he left the headquarters, saying they would appeal to the city convention of the anti- Tammany forces. L e a2 2 ) in France. The list includes several names well known in Parisian society. It is also learned that the Sultan has tel- proved form and the splendid work of her |. | imperial envoy on entering the palace was | not accorded a salute by the Garde du egraphed to Munir Bey, recalling him to Constantinople. |MAKES ATONEMENT FOR THE OF VON KETTELER Prince Chun, China’s Special Representa- tive, Has an Audience With Emperor William and Apologizes for Foul Crime| 4.—Emperor Wil- liam’s reception of the Chinese mission of explation, headed by Prince Chun, which took place to- day at Potsdam, was marked with all the severity consistent with an audience nominally friendly. The Chinese ERLIN, Sept. Corps. The Emperor received him seat- ed. The buttons and epaulets of his Ma- jesty's white uniform were enveloped in crepe. - Prince Chun bowed thrice on entering and leaving. Emperor William remained | seated during the reading of the Chinese address. Afterward, however, he relaxed his stern demeanor and welcomed the | envoy courteously, and subsequently, ac- companied by his adjutant, he called upon Prince Chun at the Orangery. Later in the evening the Emperor, Prince Chun and a dozen members of the expiatory mission took tea on an island in the Spree. The Emperor had evidently arranged the entire ceremony with a view of im- pressing Prince Chun with the feeling that the ceremony meant expiation for a foul crime and that only through expla- tion had Prince Chun acquired the right ‘o be treated with princely honors. Not until after the ceremony did the atmos- phere change. Then, the troops outside baving saluted and the band having played, huzzars escorted Prince Chun back to the Orangery. The imperial envoy seemed deeply im- pressed with the solemnity of the occa- sion, and when summoned to the throne- room he showed visible emotion. He Lowed repeatedly while approaching the throne and his voice was agitated while he was reading the imperial address, as follows: China’s Humble Apology. “The Great Emperor of the Chinese Em- pire to His Majesty the Great German Emperor—Greeting: . “Ever since the empires have been mu- tually represented by permanent legations we have stood uninterrupted in friendly relationship with one another, especially since the visit of Prince Henry, whom I had the privilege of receiving frequently and treating with on intimate terms. Un- fortunately in the fifth month of last year the Boxers rebelliously penetrated into Peking and the soldiers joined them. The result was the murder of your Majesty's Minister, Baron von Ketteler, a man who as long as he occupied his post at Peking paid careful attention to the interests of cur countries, and to whom we are bound to pay our special acknowledgments. We regret most deeply that Baron von Ket- teler met so terrible an end. The fact that we were not In a position to take due protective measures was painful to our sense of responsibility. It was this feeling of responsibility which prompted us to erect a monument on the spot as a sign that the crime should not remain unexpiated. Further, we have sent to Germany with this letter the Imperial Prince Tsun Tsal Song, heading a special mission. Prince Chun, our own brother, will assure your Majesty how deeply the events of the past year have grieved us and how deeply feelings of penitence and shame still animate us. Your Majesty sent your troops from a far distance, put down the Boxers’ rebellion and restored peace for the welfare of our nation. We have therefore commanded Prince Chun to express personally to your Majesty our thanks for your efforts in promoting peace. We cherish the hope that your Majesty’s indignation will be replaced by the old friendship. That the relations be- tween our empires will be even more ex- tensive and of a more intimate and benefi- cent character than hitherto is our firm assurance.” Prince Chun then said: MURDER - - PRINCE CHUN, WHO AP- PEARED BEFORE EMPEROR WILLIAM YESTERDAY. o i “I am in a position to assure your Majesty that the Emperor, my most gra- clouis master, stood aloof from these com- plications = which brought misfortune on China and loss and care upon Ger- many. Nevertheless, in accordance with the customs of thousands of years, the Emperer of China has taken the blame on his own sacred person. I have there- fore the task of expressing to your Majes- ty the most cordial feelings of the Em- peror, my {llustrious master, toward your Imperial Majesty and the whole imperial family. I hope the passing cloud will ef- fectually intensify the succeeding sun- shine and the mutual friendship of the two great empires when they understand the value of each other better.” Emperor’s Stern Reply. Emperor Willfam in reply said: “It is no joyous or festive occasion, nor the fulfillment of a simple act of cour- tesy, which brings your Imperial High- ness to me, but a deeply melancholy and very serlous event. My Minister to the court of the Emperor of China has been slain in the capital of China by the mur- derous weapona of Chinese soldiers acting under superior command—an unheard of crime, which is branded as infamcus by | international law and the usages of all nations. From the mouth of your Impe- rlal Highness I have just received an ex- pression of the deep regret of the Em- peror of China. I readily believe your im- perial brother personally stood aloof from this crime, and from such acts of violence against, the inviolable legations and peaceful foreigners. All the greater is the gullt resting on his advisers and Govern- ment. The laiter must not delude them- selves with the belief that they are able to obtain aton=ment and pardon for their guilty explation mission alone. They will be’judged by their future conduct in ac- cordance with the laws of nations. If the Emperor of China conducts the Govern- ment of his great empire henceforth strictly in the spirit of these prescrip- | ing to have tions then will his hopes be fulfilled and the results of the complications of the Mi53 HODGE aPURNS COIN OF DEGEIVER Spinster Compromises Suit Against Aged Mr. Nicholl e Man Who, She Alleges, Broke Promise to Wed Her Pays Costs. Nothing More Will Lady Accept and Famous Breach of Promise Suit Ends With Plaintiff Claim~ ing Vindication. Aged John Nicholl, the wealthy East Oakland capitalist, has settled the breach of promise suit in which he was made de- fendant by his spinster cousin, Miss Jane Hodge. With an appeal hanging fire in the Supreme Court, the rich landowner and his relative yesterday compromised the Titigation, closing the battle which has been waging between them for nearly three years. Miss Hodge declares that she has been vindicated, and that is all the interest she has in the settlement. The lawyers concerned, with professional care, refuse to talk about this unexpect- ed turn In the case. The *plaintiff was very willing, however, to announce that she had settled upon a basis altogether satisfactory to herself, namely that all of the expense she had been under in seek- herself placed in a proper light before her friends had been assumed by Mr. Nicholl, and that she had not ac- cepted a dollar from her former admirer as punitive damages. This termination of the celebrated case of Hodge versus Nicholl has awakened | much interest in the affairs of the two parties who fought to the end the trial which ended in a jury's verdict of $25.- 000 In favor of Miss Hodge. Subsequently Judge Ogden granted a new trial of the case upon a technicality. From that de- eision Attorneys Reed & Nusbaumer, in behalf of Miss“Hodge, started an appeal. Within two weeks the aged defendant decided to make a personal effort to close the chapter of lovemaking and lawing that had been tangled about his wooing of his cousin. He drove over to her resi- dence at 21 Lester avenue and was for- mally received. “‘Jane,” said Mr. Nicholl to me, ‘T want to end this litigation and settle up with you.'” So said Miss Hodge yesterday aft- ernoon. Did Not Want His Money. “I replied,” continued Miss Hodge, “that I had never sued him for the sake of money. Thatshis money was not what I wanted. It was a vindication of my char- acter that T sought. and this the jury had given in its verdict. I told Mr. Nich- oll further that if he desired to end this contest he could meet the expense to which I had been put and that would end it all. Not a dollar would I receive from him in any other way. “I instructed my attorneys so to ar- range any settlement which might be of- fered by Mr. Nicholls. Yesterday I signed the papers and that is the end of it. farry Mr. Nicholl now? No, indeed, not after the way he made a fool of me. “I am very glad of this opportunity to make public the close of the litigation, for with the end of it to-day I feel that my friends will understand that T was In no sense mercenary in my contest.” Attorney George W. Reed, when asked about the compromise, said: “TI shall neither affirm nor deny in the matter, as it is a subject not within my province to discuss.” With the news of the settlement inter- est has been revived Iin the long fight which waged between the contending pair. The rich landowner who counts his acres by thousands and his city blocks by a score, being worth haif a million, was 76 years old when he won Miss Hodge. She was well along In life, having touched 4§ years when the widower came to her home and offered his hand in marriage. Asks Her to Marry Him. This lonely old man asked his sprightly Ccousin to become his wife. He was in need of a companion although his two unmar- rfed daughters, Miss Mary Nicholl and Miss Hester Nicholl, had been very good to their father, trying to occupy their dead mother's place at the beautiful home, 1351 Fourth avenue. The story of the engagement was told by Miss Hodge in the following narrative. a portion of her testimony when she was called upon to give a deposition before the trial: On November 10, 1898, Mr. Nicholl came for me early in the afterncon to go out to taik over something. This was in fulfiliment of a promise that T had made to him on the pre- vious day. While we were driving around toward the hills Mr. Nicholl said to me “Jane, do you know what I am going to do with you, that is, if you will let me?" I replled “What s that,” and he sald: “T am going to marry vou, that Is if you will let me,” and T sald “Yes." He sald: “Didn’t you know that I wanted to marry you?" I said: “Yes; T had thought so for some time, but as I had not ever thought of marrv- ing in my life and had not a dollar In the world to bring a man, I had put the thought away from me.” And Mr. Nicholl said: think of it no’ And I said: “Well, as I have no home, I think it would be as well for me to marry you,”” and then he sald “You will marry me?" and then he embraced me. Subsequently Mr. Nicholl said: “T don't want any fuss made over this thing or over the cere- mony, and I know you dom’t. You go right down and order a tallor-made suit and new bonnet and some day I will-come for you fust “Well, what do you and I said “Yes," Continued on Page Two. Continued on Page Two.