The San Francisco Call. Newspaper, October 22, 1901, Page 3

THE SAN FRANCISCO CALL, TUESDAY, OCTOBER 22, 1901." STRANGE STORY T0LD IN GOURT Nebraska Girl Masquer- ades for Years in Male Attire. Finally Reveals Her Sex to Happily Terminate a Divorce Suit. OMAF Nebr., Oct. 21—The exposure of Willlam J. Wallace, a woman mas- | queradir a man, has brought to a ion the divorce case of Ba- on trial in the County Nebr. Mrs. Jeremy asking separation her husband's con- and cruel. In reply ity, and the reason conduct to o the letter- and a re- foilowed. and was aissipated nation, is un- GRASS VALLEY CHILD MEETS AWFUL DEATH Falls Into a Cald of Boiling Water e Playing Around a ghter-House. son of Mr. and died last tin Redo Douglas’ Estate. t. 21 n for let- t e estate of who, ¢ Oct. 6, com- ttempted to he nsisting of s - | testimony. When Attorneys McLaughlin | © Aloha Agnew, | ,nq Heney heard the marshal's story d their complete | {heir br. knitted look of | sy pEmS. | trouble came into their vidence | i A, | 1= direct to the point. amina- ew Fishes, | tion, which has been launched but not TY. Oct. 21— |yet finished, has %o far done nothing in . | of confusing the witness. What . e e ari s e e o to take | 5 00re itive enough in his « . tions of mmer by Class at Stanford. NIVERSITY, Oct. 21— torey has insti- gymnasium . Storey re- gymnasium be a wrestling mnasium, and wishing to Wrestling FORI ed e No Bidders for the Bonds. LOS ANGELES, Oct. 2L.—The $2,000,000 issue of Los Angeles water bonds was placed on the market to-day, but so far has put in an appearance, pri of c 1s. e b on was probably due to a brought by certain tax- validity of the issue. on the part of investors is of a $60,000 deposit by a of litigation. o S Musical Treat for Stanford. TANFORD UNIVERSITY, Oct. 21— Royal Tt n Band, under the direc- ore, will give a con- )y hall next Wednesday rd_music lovers are indebt- W. Young and the uni- for this rare musical for the concert Stanford’s Architect Honored. NFORD UNIVERSITY, Oct. 21— Edward Hodges, resident archi- h rsity, has been elected nember of the American In- —————————— If You Live in a Den i# decorated with pictures framed in t effects in moldings you will be d of your surroundings. We have some new shipments of the narrow moldings i inable in e ebonies, gilts, light and dark oaks &and cherry, green and brown birches, ‘Wwith matboards in every tint and color to £uit your fancy, Sanborn, Vall & Co., T4l Market street. . d which | , a mail-carrier, is specification | believed | ¢ | to all that Hume said in the course of his President | of the lead- | Proceedings. . nified their Attorneys Cross Wits. he exbibition of ekill and strengin | _ Whether it was the hot weather or the hich may have in- | VAWTER GIVES SOTlE DATTAGING TESTIMMONY IN THE NOME CASES Attorneys Finish Their Examination of W. T. Hume and the Ex-Marshal of the District Who Served the Writs on Alexander McKenzie and Judge Noyes Tells His Story, Which the 0 THE GUEST OF PRESIDENT Visits White House and Is Entertained at Luncheon. Noted Statesman Also Pays | T. HUME, who has been the star witness for two days and a half in the Nome contempt cases, made his exit during the fon and ex-Marshal C. L. is place on the stand. Hume told many strange tales of corruption, | fraud dishonesty, but his testimony doesn’t begin to reach the importance of that of Cawter, so far as the contempt proceedings are concerned. Until the ex-marshal was put upon the | stand the attorneys for the respondents shouted nothing but “Hearsay evidence e} afternoon ses Vawter took I—not_quite s0 sure of manner and Hume, but sufficiently dang Ty the minds of the to re | spondents ! | Vawter was the marshal who served | the writs upon Noyes, Frost and Me- | Kenzie and the rest of the combination. | His _tes: if uncontradicted, will oot of the evil. Certain con- | which he overheard proved Judge Ross, ac- testimony reach th versations cording to the , Wi the target of ; uncomplimentary speech on the part of Noyes, and the whole Circuit Court is put upon the grill. And Senator Carter of Montana makes his appearance again, this time as a_poli- ticlan with a hand on Alaskan affaifs. 1n fact, the whole of Vawter's testimony is as sensational in its way as that of Hume, who was the star during the introductory growing impatience of the respondents’ attorneys that caused the tilts at argu- ment is a question to solve, but one thing is certain: the attorneys who are con- ducting the examination are no longer passing compliments. Attorneys Pills- bury, McLaughlin and Heney had many a wordy war yesterday. McLaughlin and Heney fell back upon the lawyer's re- | course—the objection—morning and after- | noon. It was all in vain, however, for in this examination before judge Heacock objections may be stated and entered upon | the record, but the witness answers the questions just the same. During the morning sesslon a recess was taken to allow Mr. Pillsbury, amicus curiae, to inform the Circuit Court of Appeals that the testimony would not be finished for several days. The court post- poned the hearing until Wednesday. Joseph K. Wood appeared before tha court and pleaded guilty, but said he had extenuating circumstances to offer, and the court will hear him this morning. Back to 0ld Ground. “‘Did not Judge Noyes change his opin- fons in certain cases after other attorneys had been appointed in the place of Hume?” began Mr. Pillsbury, amicus curiae, at the opening of the morning session. Then the first disagreement between the attorneys occurred, and Commissioner Heacock was called upon to settle the difficuity. “l am interrogating this witness as to specific acts of fiudse Noyes,” said Pills- bury. A deluge of words followed and the examination proceeded. Concerning the affidavits in the Yager case the witness was asked about the changes in Jud?e Noyes' opinion after the appointment of R. M. Stevens as a suc- cessor to Hume. The case was easily set- tled, according to the witness’ testimony, within two hours. ™ ‘““What intimation was there either by Judge Noyes or sMcKenzie as to the obe- dience of these writs?” continued Pills- l Amicus Curiae Relies Upon to Prove the Contempt of Respondents Against the Circuit Court Short Call at State Department. WASHINGTON, Oct. 2L—The distin- guished Japanese statesman, Marquis Ito, was the guest of President Roosevelt at luncheon to-day. The Marquis' called at the White House earlier in the day to pay his resgects to the President. He was escorted by the resident Japanese Minis- ter, Mr. Takahira, and by Mr. Tsudsuki, formerly Vice Minister of Foreign Affairs of Japam, but at present acting as one of the secretaries to the Marquis. The Pres- ident gave his visitors a cordial welcome. The Marquis speaks English with facility, as does Tsudsuki. The President was much intes d in_their conversation. Having been Prime Minister of Japan sev- eral times, and especially during the war with China, and having taken a leading part in the establishment of constitution- al government in Japan, the Marquis Ito is particularly well informed on topics in which the Presiuent is interested. Tsud- | suki, who is also a member of the House of Peers of Japan and a man of strong character, is giving special attention to financial, ‘industrial and commerecial con- ditions in the United States and has ob- served many things of interest in the short time he has been in this country, so he was also able to add his share in the | conversation with the President. It was the desire of President Roose- velt to give a dinner in honor of the visit- ing Japanese and, indeed, he pressed the Marquis to accept an invitation to the dinner on the 2ith inst., which is the | earliest date that a formal dinner would be in order at the White House. The Marquis was obliged to decline this invi- tation, as it would conflict with his en- gagement to attend the Yale bicentennial. With the President and Marquis Ito_at luncheon were Secretary of State Hay and Mr. Tsudsuki. After leaving the White House the Mar- | quis and his secretary called at the State Department and paid their respects to }Sie_zl:lrexary Hay and Assistant Secretary il GOVERNOR OF COLORADO FEARS "INDIAN OUTBREAK Telegraphs Secretary of War That Redskins Are Openly Violating State Laws. WASHINGTON, ~ Oct. 2L—Governor Orman of Colorado to-day telegraphed to the Secretary of the Interior as follows: Bands of about 400 Indlans are in Colorado from the White Rock, Utah, agency, destroy- ing game in direct violation of the laws of the State. Immediate provision must be made by you to remove them, otherwise there will be serious trouble. 1 am satisfled that the Gov- ernment agent at White Rock is not using proper efforts to keep them at the agency. The agent referred to, Minton of the PILLSBURY AND McLAUGHLIN IN ARGUMENT IN THE NOME CONTEMPT HEARING. bury. Then came the McLaughlin objec- tion again-and further argument. “It is difficult to remember the exact words further than I have stated them,” sald Hume. ‘“The trend of the conversa- tlon was based on statements to which I have testified. The writ was considered vold and the conversation showed a dis- position to avoid the writ.” | “On any other occasion do you know McKenzie to_have been intermediary of Judge ivoyes?” asked Pillsbury. McLaughlin interposed with an objec- tion that Hume be forced to state noth- | ing but facts and not be allowed to black- | en the character of men in this ruthless fashion. The question was answered in | this fashion: I don't remember of any distinct date or tion where Judge Noyes had informed McKenzie was the intermediary. I rviews by direction of McKenzie. He ed me that he had seen Judge Noyes 1 the latter wanted to see me. These oc- cured frequently in relation to Anvil litigation on which McKenzie was appointed receiver. C promised you-ever given r recei stock. ved or seen any evi- q as something said about the receivership of Mrs. Requa vs. Linder- berg.and Jacobs vs. Brensen cases being heid up v there not same line 1 McKenzie was satisfied, was ed Pillsbury, following the The witness answered: Interests for McKenzie. In the case of the Leo ahd Libre Mining Company ‘vs. Alaska Gold Company, Swanson and Jensen, intervenors and my clients, were anxious to haxe a receiver appointed, and as socn as McKenzie obtained an interest he saw to the appointment of a receiver. I was told that if I named the re- | cetver he would be appointed, id McKenzie get the interest prom- ised McLaughlin fairly sizzled over this ques- tion, and provoked the following from Pillsbury: I am proposing to show that McKenzie obtained “an interest and for that reason promised an order of the court. “‘To whom are you arguing this matter, Mr. Pillsbury?’ said Heney, looking at the reporters. The former smiled serenely, and forced the question. The witness replied that McKenzie would have done just such a thing. In fact, he thought he did it on more than one occasfon. There the re-examination ended. McLaughlin's first question was: “In_that case in which you were attor- ney for the intervenor did you think it was 4 proper case for the appointment of a receiver?” “'Yes,"” answered Hume. “Who was appointed?"” “Denny Brogan.” “How about the other cases?" The responses of the witness were the same. The cross-questions about the stock brought out a reply from the witness that he believed there was such stock of the Alaska Gold Mining and Exploration Com- pany. Hume and Noyes had a tilt in court over litigation, and the following testi- mony of the witness is to the point: In the courtroom, in the presence of many people, Judge Noyes on the bench unnecessarily rebuked me in a manner that brought the at- tention of all to me. I was informed that the case in question could not be tried unless we agreed to the receivership. I desired to have these cases tried at once and asked the court for it orally. He told me I ought to have better sense than to ask for it orally, that I should file my claim and have it put on the docket. That was the rebuke and what I told McKenzie when I met him later. This was after court opened, about the end of Sep- tember, 1900, The Blake-Hadelein case was threshed over again. This was the litigation over a grub stake, and Hume was at first the attorney of record, but later was succeed- ed by Attorney H. A. Bruner. A demur- rer to the complaint was overruled in Hume's time, but a demurrer to an | amended complaint, in which Bruner fig- Creek | ““Was the stock of the Alaska Gold Min- | and ~ Exploration | ured, was allowed. Hume had quit the case when the demurrer was sustained. Hume’s Part Exploited. Then McLaughlin tried another tack. “Mr. Hume, I'll now ask yoy your age, he said. Hume answered that he was 42 years old, and in response to other questions, said he practiced in all the court: ifornia, Oregon, Washington and He was an Assemblyman, a depu trict attorney, a full-fledged district at- torney and holder of other important offices. McLaughlin seemed satisfied. ““At the time you commenced the action of ‘Chips vs. Lindeberg, had you a re- tainer from Lindeberg?’ asked McLaugh- lin. “Prior to that time I had a retainer from the Pioneer Mining Company, in which Lindeberg was largely interested.” ad not Lindeberg, some time before the litigation, given you a. retainer of 2002" Pillsbury called for the receipt, but Mec- | Laughlin “demanded the answer without the production of the paper. Then the amicus curiae advised the witness not to answer it. | | ting, no doubt, as a | | said Pillsbury. explained. “I was relieved from my obligation in 1899, in the fall of the vear, when the re- tainer came to an end.” “In what way did they relieve you?” was the next question. | _‘““They said consider yourself discharged. | They thought my relations to some of my | clients might interfere with their business, | | so they withdrew their business. There was no ill feeling between us.” End of the Chief Witness. At the close of the morning session the attorney for the respondents passed the witness to Mr. Pillsbury the third time. Then followed the oft-repeated examina- tion of the cases in which the witness was | concerned and from which he had with- drawn and concerning which Judge Noyes changed his rulings as soon as different attorneys appeared. Again the witness went back to Judge McLaughlin. ““Was it arranged in the Ring vs. Yager case that Mr. Stevens, Court Commis- sloner, appointed by Judge Noyes, should pay $5000 for an interest in the glaim?”’ said McLaughlin. “I think it was,’” answered the witness. Joseph K. Wood, the District Attorney 'and also among those cited for contempt, had a few questions to ask. His first was: | a3 fact, Mr. Hume, we are bitter ene- mies, are we not Hume didn’t know about the adjective, but admitted the noun. “Isn’t it a fact that but for the time I was at St. Michael I attended largely to the criminal matters?"” “We both attended to them.” ‘Are we on speaking terms?"” ““I don’t speak to you and I don't know whether or not you care to speak to me.’” The_ respondents’ attorneys desired the attendance of the witness at some future day. As his testimony is to be signed to- day he will be present this morning before discharge. Vawter in Star Role. Hume gave way to former Marshal C. L. Vawter, who was the relief of a dull session. In answer to the first shot dj- rected at him by Pillsbury he said: 1 first saw Judge Noves in Alaska at St Michael, on my way to Nome in July, Next before that I saw him in Seattle in’ June, ‘What service did you make of the writs? I took the writs on September 14—the Chips writ to Judge Noyes. He was just getting up. I walked in and handed him the writ. While he was reading it I left him. Later in the day I saw him about 4 o'clock and told him I was there to support the court. He said he wasn't going to do anything and McKenzle could do as he pleased. Later in the month he told me I had_no business to serve the writ. On Sep- tember 15 I received a letter from him. the letter. The letter was then produced and read. It reads as follows: ep 1 have | I sent it to Senator L I have been able for the first time to make an examination of the original order sent down from the Circuit Court of Appeals and find that it will be necessary for me to enter certain orders of record here, which will be done as soon as they can be drawn and spread upon the records. In the meantime it devolves upon you to preserve the peace and good order, so far as it is possible for you to do, and I have taken occasion to request Major Van Orsdale to render such assistance as necessary to | protect life and property and hold things in | statu quo until the order can be prepared and presented to the court. Sincerely yours, ARTHUR H. NOYES, Judge. Continuing, the witness said: When I received the letter T went up to see Judge Noves. I told him that I had put two sol- | diers to guard the bullion. He said, “‘Keep the guard on; don’t let anybody get it.”” There was a rumor at that time that the Lane people | would get it. “By_what right were they claiming to get it?” said Pilsbury. “By the writ of supersedeas—and they talked of executing it themselves. I told this later to Judge Noyes, and he said it | was right not to let them get the bullion. “Did you have a conversation with Mc- KPln%!e in regard to complying with this writ?” Judge Noyes Condemns. Vawter sald he received some advice | from C. S. A. Frost, the court examiner, in regard to the posse comitatus which the marshal wanted to guard the gold dust. He produced a letter to show the extent and character of the advice. ‘“‘How did M Frost come to take an interest in it?” continued Pillsbury in his examination. “As a repreventative of the court he ave me advice at all times.” “Do_you Kno with McKenzi “Very friendly. I afterward learned Mec- Kenzie paid him money. He was very friendly to Judge Noyes. He is now pri- vate secretary to Judge Noyes.” “Did you afterward have any talk with Judge Noyes?” “About a week later,” “Did you have any talk about disobe- dience of writs?"” “I did. I said to Judge Noyes, ‘There is no danger but that you wiil obey writs of the appellate®*court.’” ‘Now, don’t you think it,” said Noyes.” The witness then related some conver- sation between Noyes and other parties— conversations which he overheard. Here is a bit on Judge Ross: I overheard in January, 101, Judge Noyes say that Judge Ross was a 'sandlotter and put in office by the disreputable element of Callfornia, and he proposed to see whether Judge Ross would question him. The witness also overheard Noyes say in a conversation with Dr. S8heldon Jack- son: I tell you, doctor, we have got to have the territorial form of government. Congress is no more fit to leglslate for us than the Circuit Court to adjudicate. Just wait till McKenzle gets down there; he'll make the fur fly and show the Appellate Court what's what. Senator Carter Again. After this came the talk of Gaylen and Senator Carter, who was mentioned last week. The witress said: ‘“‘Gaylen told me he was up there to look out for Senator Carter's interests,” Here came an objection. McLaughlin wanted to know the materiality of it, but Plgsbury insisted, so the witness contin- ued: 1 met McKenzle in May in Washington, and just as I was leaving Carter said, ''You owe your appointment exclusively to me, and Mc- Kenzie is golng up to that country and 1 want you to treat him just as you would treat me." “Did you ever hear Judge Noyes say he was going to maintain McKenzie as re- ceiver?” was Pillsbury’'s next question. “I heard him say he was going to shoulder the responsibility and keep Mc- Kenzie receiver.” Vawter was then taken in hand and subjected to cross-examination by Me- , what his relations were Laughlin. “You say Frost not only sald damn the military, but fight anybody to get that dust and hold and the navy?” “I thought he was unduly alarmed over the warlike character of the Lane peo- ple,” was the resgonse. ‘“‘Are you friendly with Judge Noyes?"” “March, 1901, dates the beginning of our unfriendliness.” < r;"%gu are not now a United States Mar- shal?” “I resigned in 1900. I did not send my resignation to the Department of Justice. arter, who was re- t—even the whole army o sponsible for my appointment. After I had withdrawn it from Carter he put it in.” “By whom did you send it to Carter “By mail, to Senator Carter at Helena.” That ended the day's proceedings. The case will go on again to-day at 10:30 a. m. White Rock Agency, is in Colorado in- vestigating the report that his Indians were trespassing on Colorado lands, but has not reported the result of his inwes- tigation. It is stated at the bureau that there may be a few Indlans there as re- ported, but the same report is started every year. Last year, according to the officials, investigation proved that sev- eral State Wardens were hunting with the Indians. No response has been wired to the Governor as yet. —_— Garrote for Two Murderers. HAVANA, Oct. 21.—Two men convicted of murder will be executed by the garrote next Wednesday. These will be the first executions since the occupation of the island by the United States. Huntsman Accidentally. Shot. PETALUMA, Oct. 2L—Henry Bons- heimer, a farmer, was accidentally shot to-day by his brother, A. J. Bonsheimer. The two_were hunting quail. The charge entered Bonsheimer's hip. its force being partially stopped by a box of cartridges in his pocket. None of the cartridges ex- ploded, though the box was riddled. The wound will not be fatal. “Every customer leaving our store has the satisfaction of knowing that he has on his back the best possible clothes for the least possible money— in other words he has paid the lowest price for which the suit can be sold. He also has the safisfaction of knowing that the goods are seasonable—that they are what is being worn at the time; and also that the making is what it should be in every particular, from the ‘ first cutting to the last pressing. He can also feel safe in his purchase. If he is displeased he can have his money back even if he has worn the suit. If he is pleased, we will make any necessary repairs.free at any time he brings th2 suit in inside of a year. Our prices for our made-to-measure clothes appeal to those men who like to dress well at a nominal cost. You should see our made=to-order suits for $10.00 The samples are free in plentiful quantities, merely for the asking. Suits satisfactorily made to order for out-of-town customers throuch our seit-measuring system —write for samples. SNWOOD (0 718 Market Street and Cor. Powell and Eddy Sts.