The San Francisco Call. Newspaper, October 16, 1901, Page 1

Call, VOLUME XC-NO. 138.. SAN FRANCISCO, WEDNESDAY, OCTOBER 16, 1901. PRICE FIVE CENTS. PROMINENT 1SS STONE 5 AGHIN IN GREAT PERIL ‘Channel of Communica-~ tion With Brigands Interrupted. ‘When Last Heard From the Captive Asked that Pur- suit Be Stopped ‘Captive American Missionary and Her Companion Both Appeal for the Prompt Payment of the Rensom Demanded. Epecial Dispatch to The Call CALL BUREAU, 146 G SETREET, N. ‘W., WASHINGTON, Oct. 15.—Impenetra- ble to Washington is the mystery of the present condition and whereabouts of Miss Ellen M. Stone. The channel of communication which Mr. Eddy, secre- tary of the American legation in Constan- tinople, had established with the brigands has been interrupted. He is not informed as to the point to which they have re- treated, nor is he advised as to thelr fur- ther purposes. To add to these distress- ing features of the situation, the State Department has again become apprehen- sive that, notwithstanding the assurances of the Builgarian and Turkish govern- ments, their troops will attack the bri- gands should they locate them. Mr. Eddy Dickinson, the latter at Sofia, of obtaining explicit instructions which will prevent an attempt to arrest the brigands abouts forces. Brigands Threaten Death. SOFIA, Buiga: even should their where- be learned by the Government , Oct. I sionary demanded expired a w ap for the payment of the ransom ago, no one has to claim the unce the fate of the eared at Sammakoff or to anno stance from s due to snow and cold The efforts of the police to ar- >ff, formerly president of the committee, who is suspected e is due to of the inhabitants and local varents of Madame Tsilka, the Bul- her, who was captured by Miss Stone, have received namely stop- because the with im- t of danger to vs that she and 1 a subterranean 4 courteously. ans of securing their re- s e ransom demanded. Letter From Miss Stone. as come from Miss Stone written from reasurer of antinople: I write to inform r 3 1 was captured armed men—some from Bansko to twelve teachers, took with me therine Tsilka. t tured us is for a price which they demand TS en i letter, Peet for which sum must be paid in & s entirely Without the krowled Turkish and Bul- garians gt within the term of eightcen da to-day. Mrs. Tsilka decided o give birth to a the limi child in three mo: s. Prays That Money Be Paid. “We are pursued by a Turkish army. Dr opie and exe I to go to Con- £ for the pay- at Sammakoff, where beg Haskell himself ot nsom ment of the 1 receive it on presenting an order who captured us at first nd consideration toward now since Turkish soldiers and zouks have begun to pursue us ransom,is delayed our condition St us, her changed , 1 beg you to hasten sending d and that as ener- you will present to pent that it stop the soldiers and Bashi Ba- we shall be killed by se hands we are. I pray without delay the r to the representa- United States at the Porte s most serious co-operation. We are at peace with arty salutations, your friend, “ELL M. STONE.” Russia Ready to Assist. CONSTANTINOP. Oct. 15.—The Rus- sian Government has repeated its expres- slon of a desire 10 assist the United States Goy nent by all practical means in Continued on Page Two. vill make renewed representations to the | roments to which they acceded in the | brigands who abducted | e, the American mis- | the mountains unin- | kidnaping, are still | the | rom their daughter urging | NEW TRIAL IS GRANTED TO ROLAND BY COU Highest Tribunal of N | | | | \ B. MOLINEUX RT OF APPEALS ew York Finds Errors Were Committed in Case of [1rs. Adams’ Alleged Slayer. LBANY, N. Y., Oct. 15.—The Court of Appeals has granted Roland B. Molineux a new trial. Molineux was convicted of the murder of Catherine J. Adams in New York City and sentenced to death. The court grants a new trial on a prevailing opin- fon written by Judge Werner of Roches- ter, his principal ground being that the |lower court erred in admitting evidence Barnett, and thus merged two issues. Justices Parker, Haight and Gray did not believe that the Barnett evidence should be kept entirely out of the case. Judges Werner, Bartlett, Wann and O'Brien concurred in the prevailing opin- jon and for the expunging of the Barnett testimony. The court gave. out a condensed state- ment of the reasons for granting the new trial. It says: Statement by the Court. “Every member of the Court of Appeals agrees for the reversal of the judgment of conviction of Molineux on the ground | evidence the declarations of Barnett made | to Doctors Phillips and Douglass that he had received Kutnow powders through the malil. ““All agree that since the amendment of section 2 of chapter 36 of the laws of 1880, by chapter 55 of the laws of 1888, genulne writings may be received in evidence as standards of comparison with a disputed writing, although such writings may not be the issue of trial, but simply a fact relevant and material to that issue; that the genuineness of such writings must be established to the satisfaction of the court by common law evidence, and when that is done handwriting experts may compare the disputed writings with the genuine writings and give their opinion thereon, but they cannot select and establish the standards of comparison and then com- pare them with the disputed writings. Admission of Writings. “All writings proved to the satisfaction of the court by a preponderance of evi- dence in civil cases, and beyond a reason- nesses who saw the paper written or to whom it had been acknowledged; (2) by witnesses familiar with the handwriting | of the person charged to be the writer and who are able to testify from their familiarity to a belief respecting its gen- uineness; (3) where the writing is shown to have been recognized and acquiesced in by the person supposed to have written it, or adopted and acted upon by him in his business transactions or concerns, may under the statute be compared with the disputed writing by witnesses. But the court should refuse to receive in evidence | solely for the purpose of comparison any fendant.” Difference of Opinion. The only subject about which the mem- bers of the court differ in their opinion relates to the testimony introduced tend- ing to show that Molineux caused the death of Barnett by the same method as that used in taking the life of Mrs, | as to another alleged crime, the death of | that the trial court erred in receiving in | able doubt in criminal cases, (1) by wit- | writing otherwise prejudicial to the de- | 3 MRS-BROW MOLINEUX (X - \! | | | | | | | | | b i || THE ALLEGED MURDERER OF | CATHERINE J. ADAMS, WHO HAS SECURED NEW TRIAL. ES - * Adams. Four members of the court, O'Brien, Bartlett, Wann and Werner, agree that the evidence should not ha been recaived and the reason for it is and Werner. The other three Judges, Parker (Chief Justice), Gray and Haight, hold that the evidence is admissible in that (he evi- dence in the Barnett case pointing toward Molineux tends to identify him as the person who killed Mrs. Adams while at- tempting to take the life of Cornish by means of that rare poison known as cya- nide of mercury, the Chief Justice and Judge Gray writing opinions to that effect. Molineux Not Informed. NEW YORK, Oct. 15—Up to 6 o'clock this evening Roland B. Molineux, in Sing Sing Prison, had not been informed that he had been granted a new trial. General Molineux reached Sing Sing early in the evening, but it was then too late for him | to go to the prison, as the doors close for the night at 5:30 o’clock. Warden John- son adhered to his decision not to disclose the news to the prisoner until officially notified from Albany. The warden was asked if he would al- low General Molineux or his wife or Mrs. R. B. Molineux to inform the prisoner of the change in the aspect of his case. To this the warden replled that if the mem- bers of his family or any one of them sought an interview with the young man, and they were entitled to it, and if they wished to tell him it would be their privi- |lege. The elder Mrs. Molineux dld not | call at the prison during the day, as had been anticipated. -Forest Fire Extinguished. PACIFIC GROVE, Oct. 15.—After stren- | uous and constant fighting the forest fire that has raged in this neighborhood for the past week is now practically extin- | guished. The loss has not been accu- rately estimated as yet, but it is very {large, as the territory burned over was | mostly timber land. | s Stanford University’s Press Club. STANFORD UNIVERSITY, Oct. 15— | The Stanford University Press Club held its first meeting of the college year last night. The following men were elected members” of the club: J. F. English ‘01, F. A. Ford '04, T. Cronyn "02, I. Russel "04, 0. A. Wilson '04 and A. E. Cooley '02. stated In the opinions written by O’'Brien | MARTIAL LAW FOLLOWS AGTS OF VIOLENGE Spanish Cabinet Called in Extraordinary Session. | General Strike at Seville Leads Up to a Series of Disturbances. and After Burning the Door Is Dispersed by the Troops. P MADRID, Oct. 15.—An extraordinary under the presidency of the Queen Re- gent to consider the outbreaks in Seville and elsewhere. Fresh disturbances are reported at Sev- ille. A mob that!was storming the con- vent of St. Savieur was dispersed by the troops, but not until the door of the con- vent had been burned. Martial law will probably be extended to other towns where disorders are oc- curring. | SEVILLE, Oct. 15.—Martial been proclaimed here as a law has result of the tions to the captain general. ers are overrunning the town, burning the violence. During the riots the populace pillaged two markets and attacked the university, breaking all the windows and wounding two students and a beadle. The univer- sity will be closed until order is restored. The windows in numerous factories were broken. Troops now hold the streets and guard the tramways and bakeries. DEATH MAKES SUMMONS TOR THE DUKE OF ALBA ? e G < Distinguished Grandee of Spain Dies From Heart Failure in New York. NEW YORK, Oct. 15.—The Duke of | Alba, one of the highest grandees of Spain, died from heart failure this after- | noon at his apartments in the Holland | House. He came to this city on Septem- | ber 21 to witness the international yacht | race as the guest of Sir Thomas Lipton. | On tke day of the last race he contracted a severe cold, which developed into in- fluenza. His condition improved greatly during the past few days and up to with- in a few moments of his death he was en- | tertaining a party of friends. Shortly after the party had left tie Duke complained to his valet of severe pains in the region of nis heart. He was a ed to his couch and medical ald cians had arrived the Duke expired. The Duke of Alba, or Alva, as it is somectimes spelled, was 53 years of age. | In social and titular rank he was the leader of Spanish society, He was four- teen times a count, nine times grandee of the first class and twelve times a marquis. His estate was the most extensive private prop- | erty in Spain, and his palace at Ma- drid for many years has been the center of social galety. Much of his time bad been spent, however, in London. The Duke was well known in this country, where he has been a frequent visitor. He was a spectator of the America's cup races in 1893, and spent the season of 189} at Newport. = BALLOON TRIP FAILS IN THE MEDITERRANEAN Warship That Escorted the Aerial Ship Is Now Returning to Port. PARIS, Oct. 15.—The attempt of the Count de la Vaux to cross the Mediter- ranean in a balloon, which left Les Sab- lettes, near Toulon, Saturday night, has fajled. The Minister of Marine, M. de Lanessan, has received a dispatch from Toulon announcing that the cruiser Du Chayla, which was escorting the balloon, is returning to port with the balloon and her passengers, which she picked up ten miles east of St. Laurente lighthouse. The balloon was uninjured. The result of the experlment did not cause any surprise after the news brought to Marseilles by incoming steamers this morning that the southeast winds which were blowing out at sea would carry the balloon to the coast of Spain or to Gibral- tar. Moreover, the latest news from the passengers of the balloon indicated that it was proceeding very slowly. These two factors probably caused Count de la Vaux to abandon his attempt, S Church Debt Not Diminished. LIMA, Ohio, Uct. 15.—The General Coun- cil of the Evangelical Lutheran Church to-day considered reports of the publica- tion board. The report stated that the board was not able to Increase the facili- ties as the business demanded, nor had they been able to diminish the debt in the past two years. The board had not purchased the New York Ministerium, as Instructed, and the board is now without a German paper. Lord Bishop von Shele left to-day for ‘Washington, where he goes as represen- tative of King Cscar to greet President Roosevelt. He will aso visit Yale Col- lege to take part in the second centennial of that historic institution as the repre- sentative of the Swedish King. IMob Storms the Convent of St. Savieur | meeting of the Cabinet was held to-day | general strike which began yesterday, and | the Governor has handed over his func- | The sttik- | octroi offices and committing all kinds of hastily summoned, but before the physi- | OFFICERS DECLARE THAT SCHLEY’S CONDUCT IN BATTLE WAS COOL, BRAVE AND MOST ENTHUSIASTIC ————e THRILLING STORY IS TOLD BY COMMANDER SEARS, THE FLAG LIEUTENANT OF THE BROOKLYN Relates All the Acts of the Commodore in the Cam- paign in Cuban Waters and During Destruc- tion of the Spanish Fleet. i EXECUTIVE OFFICER OF THE BROOKLYN TANT TESTIMONY BEFORE THE NAVAL COURT OF INQUIRY TO-DAY —p WHO WILL GIVE IMPOR- CONCERNING COMMODORE SCHLEY'S CAMPAIGN. ASHINGTON, Oct. 15.—Only one new witness was heard in detail by the Schley court of inquiry to-day. This was Lieutenant Commander James H. Sears, who was Admiral Schley’s flag lleutenant during the Spanish war. He gave a detailed ac- count of the entire Cuban campaign, in- cluding the brief siege of Cienfuegos, the retrograde movement of the flying squad- ron in sgach of coal, the blockade of San- tiago, the reconnoissance of the Santiago shore batteriés and the bombardment of the Cristobal Colon, May 31, and the bat- tle off Santiago, July 3, when Cervera’s fleet. was destroyed. He placed the dis- tance of the blockading line at Cienfue- gos as one to four miles, and at San- tiago at from three to six miles. He ex- pressed the opinion that in the battle of July 3 it had been the Vizcaya's inten- tion to ram the Brooklyn. While Commander Sears was on the stand Captain Lemly asked his age, but the court, after quite a prolonged con- sultation in retirement, directed that the question was not admissible. It held, however, that the time of service could be inquired into. Raynor sought to secure the introduc- tion of a brief report of the battle of July 3, which Commodore Schley prepared for transmission to the Secretary of the Navy. It was stated that Commander Scars had taken this dispatch ashore to be cabled to the Secretary, but that it had never reached that official. The dis- patch was ruled out on the ground that as it was not received it was not an official communication. It was not read in the courtroom, but the following is a copy of it: “The Secretary of the Navy, Washing- ton: The Spanish squadron came out of Santlago harbor this morning, July 3, at 9:30, and all ‘were captured or destroyed in a running fight to the westward of about three and one-half ' hours. Very few casualties in our fleet. Ellis, chief yeoman, killed. and one man wounded on the Brooklyn. Reports from othér ships not in. The commander in chief now superintending transfer of prisoners from the Cristobal Colon, which surren- dered to the Brooklyn and Oregon at 1:15 p. m. About 1000 prisoners in all, in- cluding Spanish admiral. Victory plete; * details later. SCHLE Captain Cook was recalled during the day, and in response to a question by Captain Lemly made an additional state- ment concerning the retrograde move- ment of the fiying squadron, May 26 to May 28. He also said in answer to a question by the court:that Commodore Schley during the battle of July 3 was “cool, brave and - enthusiastic. I cannot imagine any conduct in battle more ad- mirable.” com- pre R SCHLEY BRAVE AND COOL. Officers Tell of the Acts of the Ad- miral While in Battle. WASHINGTON, Oct. 15.—The presenta- tion of the Schley side of the case was continued in the Schley court of Inquiry to-day. At the instance of Raymor, the judge advocate summoned Lieutenant Commander James H. Sears, who was Ad- miral Schley’'s flag officer on board the Brooklyn during the war with Spain. He testified to many ‘de’ails connected with the campaign and was followed by other naval, officers who served on the Brook- lyn. The list for the day included: Lieutenant Commander N. E. Mason, executive officer of the Brooklyn; Lieutenant Commander T. D. Griffiths, who had charge of the powder division of Admiral Schley’s flag- ship, and Lieutenants Edward Simpson, who was in charge of the eight-inch tur- ret_of the Brooklyn' and opened fire on the Spaniards when they came out of the harbor at-Santiago; Charles Webster and Edward McCauley, the former being a watch officer and the latter signal officer of the Brooklyn. Admiral Schley thinks it probable that the presentation of testimony in his be- half can be completed this week and next. He will be the last of the witnesses to be heard and will make a review of the en- tire campaign, covering the points in con- troversy. Eduardo Nunez, the Cuban pilot, was among those who were called to correct former. testimony. ' He added to his state- ment of yesterday that he had seen the Brooklyn firing on May 31, the day of the | bonibardment of the Colon, whereas the records show that that vessel was at that time coaling and did not participate in the il engazement. He also made a correction in his former statement concerning his conversation with Commodore Schley on first meeting him. His corrected state- ment of that incident was presented by his interpreter in written form and read as follows: Nunez Corrects Testimony. “During the conversation I had with Commodore Schley . said, not that the water was not deep enough, but that in accordance with the information I had had in Kingston, Jamaica, in regard to the dimensions of the Spanish ships, they were of such a large size that they could not get into the harbor in consideration of the narrowness of the channel and the quick turn they had to make at the Dia- mond Shoal in front of the entrance, and I still believe that vessels of such siae cannot enter Santiago, not being under the most favorable conditions of weather. I also was asked by Admiral Schley if I thought his flagship could enter the har- bor,” and I answered him that I did not consider it advisable, for the reason be- fore mentioned, and because there were no buoys to mark the channel, for the Spaniards had picked them up to prevent the Americans from coming into the port, and besides that they had many torpedo lines across the entrance.” Sears Takes the Stand. Lieutenant Commander Sears followed Nunez. Raynor questioned him, saying at the beginning of the examination that he would ask him concerning the points of the precept and requesting that replies should be as concise as possible, Sears said that when the flying squadron arrived oft Cienfuegos he knew nothing of a code of signals for communicating with the Cu- ban insurgents. Questioned concerning the McCalla Memorandum, he said that i had been brought to Commodore Schicy by the Hawk and by no other vessels to his knowledge. Commander Sears gave a detailed count of the encounter with the British steamer Adula, the examination on this point being as follows: *“Now, coming to Cienfuegos, give us the prineipal incidents that took place while theé fleet lay off Cienfuegos and especially Continued on Page, mpn. .