The San Francisco Call. Newspaper, October 19, 1901, Page 1

VOLUME XC—NO. 141. SAN FRANCIS Co, SATURDAY, OCTOBER 19, 1901. PRICE FIVE CENTS. ATTORNEY HUME UNDER A CROSS FIRE ADHERES TO HIS DAMAGING STORY AGAINST NOTE RING NEUTRALITY UF THE GANAL la PRESERVED Treaty Does Not Give the TUnited States Right to Fortify. Waterway Will Be Governed | by Rules Framed on Suez Lines. ——— All Powers Will Be Interested in Up- holding the Convention Just Completed and Approved by Cabinet Members. RS S Special Dispatch to The Call. CALL BUREAU, 1406 G STREET, N. W., WASHINGTON, Oct. 18.—Reports of the new canal treaty between the United States and Great Britain state that the United States is given the right to for- tify the canal. This is not true. In the new treaty Great Britain will agree to an American guaranty of neutrality caual, subject to the rules and regula- tic similar to those signed by her and other powers for the free navigation of | Suez canal. he treaty will make no mention of for- tifications. The absence of any prohibi- would seem to establish the right of | Government to erect fortifications if | sees fit to do so, but the zdmir\istralion no idea that this will ever be done, is a question whether such action mot be contravention of the Suez lines. To Be Open at All Times. vide that the canal shall open time of war, as to vessels of commerce in i on s prov in ons, 11 be no discrimina- respect fic of conditions or or otherwise; that ver be blockaded, nor or act of hostility be of wa are prohibited from tiey shall not of war or onger than twenty- ally, the appliances time of war en y com- tack or injury by Approved by the Cabinet. pointed out 1 for the adhe- , and f'the Suez e same be interested ¢ of the water- - in it been ding members 0( toe .xm‘rntrl its terms tance before efote will then the treaty TEAR FOR THE SAFETY OF KIDNAPED MISSIONARY Authorities at Washington Inclined to Believe That Miss Stone Has Been Kll]od [ Oct. of the American nople, is indirectly the brigands sup- Stone captive, no condition of the the recefved by This lack of she is officials, ve that rtment however, is yet alive 1 tion of bher dea! would communicated to them. Convinced that the Turkish and Bulgarian troops will not attack as the result of re the United States, the 1ds are prob- ably awaiting the production of the entire amount of ransom originally demanded. The State Dcpartment continues to urge the Boston Board of Missions to endeavor | to collect the sum required. LONDON, Oct. 18.—The Globe this after. on says it fears that the safety of Miss M. Stone is seriously compromised | e attitude of Consul General Dick in refusing to pay the ransom and | i manding that Bulgaria arrest the | jeaders of the Macedonian Committee as the real authors of the missionary’s ab- tion. The paper says the situation con- all the factors of a grave interna- tional complication and threatens to as- ieve that informa- be promptly sum; + of any ingividual missionary. Funeral of the Dukn of Alva. NEW YORK, Oct. 15.—Funeral services over the remains of the Duke of Alva were conducted to-day at St. Leo’s Ro- man Catholic Church. There was a re- quiem mass, with Rev. Father Ducey as officiating priest. Many friends of ‘the dead nobleman attended. The Spanish diplomatic service was represented by several members of the staff of the lega- tion and a group of Consuls. The body will cross the Atlantic on the Lucania, sailing to-morrow, ality of the | on terms of equai- | tion or its citizens or | that the mew | STREET, N.| 18.—Though | the State | any of the Washing- | he hope that she | sentations of | importance far beyond the person- | > — ESPLLLSE AMICUS CURIAE. .. VR, 'Three Affndavnts Are Put in Evidence. T. HUME, star witne: the Nome contempt c had another day witn of it the Morning and after- noon he was th questions on cross and re tion before Commissioner Ho«m(k md vet his sensat given agair remains pr. A nume wa: at the b ning of the morni Judge M Laughlin. He same irit whi the cautious manner self-] p()“e\(f(l am\ on i e On the face of it | damaging mnk to D proce g toward t xamin ss-ex An on. all records and label case. Hume did xplaining of the afte of which read into the d exhibits in the some clever unimpeached these aflidz wer as noon ion closed the am curiae, . Pillsbury, had him nf‘ll hand reciting i ces of Judge peculiar methods of dist The evidence of yesterday brought forth | no startling new facts, except in the re- direct examination, when Hume began to recite the instanc which led him to a| belief in Judge Noyes’ corruptibility. So far the attorneys have been courte- ous almost to an extreme, but yesterday | afternoon a bit of testiness was displayed which is likely to lead to an occasional fling of sarcasm. before a Commi opportunity jections by atcorneys. Once during the morning session, when an affidavit and the identity of a signa- | ture was called into question, Pillsbury expressed a desire to go downstairs and have 1t out before the Judges of the Cir- cuit Court of Appeals. not press matters a: | on. This testimony ioner offers but taking little the crossfire went battle over these same affidavits. He act- ed as reader, and after using his voice for a good half-hour expressed a soulful desire to shirk the reading of the rest of the document. The amicus curlae was | not of the same mind, so the reading went | on. Heney accused Pillsbury of an at- | tempt to try the cases in the newspapers | anda wanted the affidavits read for the | benefit of the reporters. Pillsbury was re- | 1entless, so court, court reporter, attor- | neys and all had to listen. SOME HUME AFFIDAVITS. | The afidavits were the central point of | the day’s proceedings. There are three of | them—one executed on the 20th day | October, 1900, the second on June 18, 1901, and the third on July 15, 190 The July affidavit is in the handwriting and bears the signature of Hume. It follows: That reserving from the effect of this affi- davit any statement made to me by Alexander McKenzie, 1 will state that I do not know of my own knowledge, mor have I been in- | formea, nor do I believe, that Arthur H. | Noyes has as presiding Judge of the District | Court for District of Alaska, Second Division, | receivea = money or pecuniary considera- | nor demanded the same to Influence any tions, decision, judgment or decree rendered or to be | renaerea by him as such Judge. The afidavit of October 20 was appar- ently a surprige to Hume when presented. It contains an account of Hume's efforts to find the clerk of the court, with whom he wished to file the complaints and orders for the receiverships of the Anvil chair yester- | for the interposition of ob- | McLaughiin did | Francis J. Heney fell into the attorneys’ | of | vits, and when DEFENDANT.) Jubae_ N°7E.S | 1 Francis J il HENR | AT T oM v | FomR . ] RESPONDENT. i i J J ATTORNEY FRANCIS J. HENEY RE HOPE TO CALL INTO QUESTIO:. ADING THE THE CREDIBILITY OF AFFIDAVITS BY WHICH THE RESPONDE: THE TESTIMONY AGAINST JUDGE NOYES BEFORE UNITED STATES COMMISSIONER HEACOCK. TS BY ATTORNEYS GIVEN W.. T. HUME Creek claims. Some discrepancies exist between this affidavit and Hume's direct testimony. The witness denied having made the | amdavit, or at least having signed his | name to it and being cognizant of the facts contained in it. The third affidavit, that of June 18, is voluminous and full of such facts as were brought out in the | testimony, with an occasional discrep- ancy. This, Pillsbury, according to th2 suppositions of respondent’s attorneys, is supposed to have received from Nome. “Were there any other conversations with Judge Noyes in regard to the writ | ot supersedeas?”” began Judge McLaugt lin at the opening of the morning session. “I haven't any recollection of other meetings,” said Hume. WASHINGTON END OF CASE. | “When did you first tell this story that you related here?’ “I think that it was in the spring of 1901; no, in the summer of 190, in Au- | gust.” “To whom?” “To Charles Hocksey, who was a saloon keeper and a miner. The second time I told it to Albert Fincke and Ira D. Orton in the presence of Charles C. Yager. The third time was in San Francisco in Oc- tober. Fincke is a lawyer in Nome, Yager is one of his clients and Orton is in Mr. Metson’s office. Mr. Orton, Fincke and myself were discussing the orders made by Judge Noyes in various cases. I told them my relations in regard to the recei: | erships and my position in the whole mut- ter.” Then began a series of questions on Mec- Laughlin’s part which went to the mak- ing of the three affidavits by Hume. A discussion arose between Attorneys Me- Laughlin and Pillsbury whether or not the witness should acknowledge the muk- ing of these affidavits without the pro- duction of the instruments. After much argument Pillsbury finally won out, the papers were produced and identified by the witness, all but the October affidavit, which Hume would not admit to be genu- ine. Then McLavghlin went at the witness for facts concerning his relations with Pillsbury. To the first question Hume re- plied: “I arrived in San Francisco about Sep- tember 30 of this vear and was advised to call upon Mr. Pillsbury and was inter- viewed by him.” “Did you at that time make an affi- davit containing the facts for use at Washington?” “No, sir.” “Did you make one at that time for any purpose?” “Some time after the conversation with Fincke and Orten, Fincke asked me if I would make an affidavit for Mr. Pillsbury. I had ng objections and made one.” 'Have you seen a copy of that since?"” “Yes, in Mr. Metson's office. This af- fidavit was made in June, 1901." “Did you make any other affidavit in relation to this matter?” “No, sir.” “Did you make another affidavit before Mr. Bruner about ‘the 15th day of July?" “Under Mr. Pillsbury’'s advice and my own knowledge of the rights of a wilness I refuse to answer unless the paper is shown me,” was the reply which causad the argument. Finally, after a lengthy discussion by the attorneys over the rights of the wit- Respondent’s Counsel Attempts to Break Down the, Credibility of the Witness by a Long ‘ Cross=-Examination. clients were the plaintiffs in the case. ness, Judge McLaughlin handed Hume the affidavit, and he testified that it was his own handwriting and that he had signed the paper. CONTENTS WERE UNKNOWN. ‘When shown the affidavit of July 15 the witness declared that that was not his affidavit. After reading it he said he did not swear to any such statement of facts. “I have no recollection of this affidavit, was not at the courthouse on that day and did not sign that afidavit before John P. Reed. I heard that something of this sort was out, and I have taken pains to make sure of where I was on that day. I will not swear that this is not my sig- nature, but I have no recollection of how it came there. I never swore to the facts on page three, knowing the statements to be as they are. I might sign a paper not knowing the contents, relying upon the | honesty of the person presenting it.” McLaughlin then offered the afidavit in | evidence and it was introduced and la-| beled, “Exhibit 1, respondent Noyes.” The morning session ended with the reading cf the affidavits in the record. ““When McKenzie arrived did he have Hubbard’s Inte.'st in the firm?” began Judge McLaughlin when the afternoon | session began. “Was it delievered with- out affecting Yyour interest?” “Yes, sir.” “At the time you commenced the ac- tions had McKenzie acquired your inter- est? From time to time did he not con- sult you in relation to the actions pend- | ing, and you know on your knowledge as a lawver, all communications between | client and lawyer are confidential “He did not cofisult me as a client. My AJin, ep.another tack. ‘Judgc | have interested myself in this case. Judge | | lieve him honest.” 'nem M. Jackscn ev | service you had been to t | the facts and | no offense. Along Usual Lines. “Have you been promised immunity | from prosecution of contempt if you tes- tified as you have?” said Judge McLaugh- | HUME AND PILLSBURY. “No, sir,”" was Hume's ready reply. Have you suggested names of parties who would or who would not make affi- davits in this case?’ Hume,said he had . and then continued: 1 have nothing against Noyes, but on account of my knowledge of what T have suffered at the hands of Noyes, Woods and McKenzie i making the one mistake of my life, I| has done much to provoke my offi- I did not be- Noy clal interest in the matter. | McLaughlin did not like this, so he moved to have the matter obliterated | | from the record as not responsive to his auestions. Mr. Johnson or Ken- ¥ they would see | | that you would be immuned from prose- | cution for the making of the affidavit for Mr. Pills o, “Did you l\nnw of a letter written and | signed by cke or by Johnson or by | Jackson, addressed to Pillsbury, detailing m in getting asking Pillsbury to use his offices to protect you in the district of | the northern part of the country “I never knew cf it, never sought r\rn-i tection of any kind because I committed If it was written I | ceive of a Teason for it, for I knew of a | change in the atmosphere at home which | | changed the opinion of these men in re- gard,zo my conduct in Nome in the sum- mer of 1900.” McLaughlin then asked Pillsbury for the letter, if he had it in his possession. The | latter said that he did not recollect it, but | if he had he would certainly produce it. McLaughlin wanted to make doubly sure, so ne asked Pillsbury in the event of his having sent the letter in question to Washington would he look over his letter coples and favor him with a reproduction. Pillsbury was trebly sure that he sent nothing to Washington. “T recall this much,” said Pillsbury. “Private papers were sent to me, but they were lost from the mail or maybe stolen.” McLaughlin pressed the Washington business further, but Puisbury flatly de- nied any connection with the Washington end of things. PROTECTED HIS CLIENTS. The rest of the afternoon was consumed by an attempt on Pillsbury’s part to show by a redirect examination that Hume's reasons for his withdrawal from the Noyes-McKenzie combination were found- ed on thé broad principles of honesty. “At the time I acquiesced to McKen- zie's propositions,” sald Hume, “it was only a resort to protect my clients. At that time I did not antlcipate the full scope of the scheme. In course of three weeks, when I discovered the full facts and meaning, I then tried to retire and practically did retire from any connection with McKenzie, Wood and that entire combination.” Hume also wished to correct the state- ment that the affidavit of October 20 was not founded on fact in its entirety. He| admitted that some of the statements were | true, but he said that on the date of the | execution he was Oirrying the burden of the law office, and it was just possible he signed without reading the paper clearly. Pllisbury then took the witness and an con- Continued on Page Five. i | sioned a captain. | Testimony Taken | without authority | day night. TILLEY MUST ANSWER FOR BAD GONDUCT Charges Against Gover- nor of Tutuila Island Are Serious. Include Misbehavior With Native Women and Gross Intoxication. Naval Court Will Also Look Into Ac- cusations of Unauthorized Land Pyj chase and Absence From His Station. _— Special Dispatch to The Call. CALL BUREAU, 1406 G STREET, N. W., WASHINGTON, Oct. 18.—The news that Commander B. F. Tilley, U. 8. N., Governor of Tutuila, Samoan Islands, and commanding the collier Abarenda, had been detached through charges preferred by missionaries was a sensational sur- prise to the friends and associates of that officer. His previous record was so clear, so strong and so thoroughly satisfactory that it seemed impossible he should have | at this late stage imperiled his reputa- tion and even his position by almost in- explicable conduct. He graauated at the head of his class at the Naval Academy and within a few days has been commis- It has leaked out that the charges against him include misbe- havior with native women, intoxication at his station at Apia, at Auckland and on his ship, and a reckless disregard of his duties as an officer and gentleman. The charges are doubly mortifying from the fact that the German officials at Apia have achieved a distinct success in the management of that colony. By care, skill and tact the Germans have pushed Apia ahead on social, educatfonal and business lnes. In sad contrast Tutulla, except for the good work of subordinates, has gained little from American occupa~ tion. Absent From Post of Duty. that Commander Tilley was at Tutuila only two and a half months out of a year during the time that he was supposed to be its Governor ani his presence was, through his habits, a istinct misfortune. According to the charges, he not only did not do his duty by the natives but made it impossible for others to fulfill these duties and meet the wishes and expectations of the American Government. Aside from the moral fail- ure at Tutuila it is charged against Tilley that from $20,000 to $30,000 worth of land was bought by him for the Government and paid for in notes which have .since gone to protest. As a result of this mismanagement natives and traders have been ruined and dissat- isfaction has ensued. The Secretary for Native Affairs whom Tilley appointed is an Englishman—one Gurr. To say that the commander’s fail- It seems | ure to appoint an American to the posi- tion created surprise among the Ameri- can colony is expressing it but mildly. Government Is Humiliated. The fact that thée Navy Department has deemed it necessary to send officers of high rank to Tutuila for the purpose of inquiring into the alleged mismanage- ment of affairs by Tilley is an indication that the department knows enough facts to warrant this very unusual and expen- sive undertaking. The administration is humiliated by the thought that the effort to Americanize its colony in the Samoan Islands has been thwarted by the misbe- havior of one Who was supposed to stand for what is best in American citizenship. G P e i REAR ADMIRAL EVANS TO ARRIVE HERE SUNDAY Will Leave Immediately to Attend the Court-Martial of Cap- tain Tilley. OGDEN, Utah, Oct. 18.—Rear Admiral Evans passed through Ogden at noon to- day and will arrive in San Francisco Sun- He refused to be interviewed, stating that he had not talked with news- paper men since leaving Washington. He, however, stated that with Admiral Dewey on the board of inquiry Schley would be sure of a fair hearing and a clearing of his record. Evans is on his way to Samoa, where he will preside at the court-martial of Captain Tilley. STORY OF POPE LEO'S ILLNESS CONTRADICTED Sovereign Pontif Enjoys Perfect Health and Is Able to Hold Audiences. ROME, Oct. 18.—Recent reports in re- gard to the Pope's alleged ill health are flatly contradicted here.’ He is in per- fect health and holds daily audiences. He received a number of Cardinals and pre- lates to-day. Britain’s Big Battleship. LONDON, Oct. 18—The Admiralty has sent Instructions to Davenport to prepars for the construction of a battleship larger than any now existing. Her displacement will be 16,500 tons and her length 425 feet. She will be the first vessel of the King Edward class.