The San Francisco Call. Newspaper, October 24, 1901, Page 5

— THE SAN FRANCISCO CALL, THURSDAY, OCTOBER 24, 1901. N AT FRONT WELL CARED FOR So Declares Quartermas- ter General M. L Ludington. _ —_— Offcer Returns From a Tour of the Fhilippine Islands. ——— Brigadier General Marshall I. Luding- ton, quartermaster general of the United s army, arrived from the Philippines China and Japan yesterday. General" and Captains Barneson and Batchel- | of the transport service were down to 1. him and took him uptown as soon us | the City ¢ reking docked, General Ludington has been on a tour of inspection and is more than satisfied with the way things 2re being conducted | at Manila. Talking about his tour he said yesterday: | 1 had @ most satisfactory trip and found everrthing in excelient conaition. in so far as ment is concerned. 1 have been away the Philippines for 2 month, and so can speak of what was_the condition at that As 1 observed affairs, there seemed every to believe that there would be littie in the country, in fact ail was practi- gquiet according to the reports. The af- of the other dey in which a company of n: @ was ambushed is something of which I was very sorry to hear, and wnich was of course entirely unexpected. The condition of the army in the islands is very good. The me: seemed to be of this opinion znd n for the service. service between the etween the islands. where 1 many men soldiers of the United e only good words | ports of dispatch and also In China and Jap who had observed States I found t for them, as appearance, equipment | and ac ade an excellent | impressic who observed them. | General L the opinion that hereafter none of the stop at Ho The smaHe: but the larger o general accompanied will leave for W big g0 by ST. IGNATIUS SODALITY TJ PRESENT A DRAMA | “The Bells” to Be Enacted at the Col- lege Hall on Wednesday Even- ing of Next Week. ¢« Gentlemen's | Church is mak- | preparations for the pre- the bea drama, “The junction with a grand mu- t the college hall, even” friends of ing forward to a grand Rehearsals have been held often the last two months under the direc- | r. of the Rev. Father Hick, S. J. M will be f hed by the John ra. | Quartet and Signor | Spadina will be a feature of the | Following is the cast: | Frank P. Wi , 8. | C re: 2 Py Some excellent | eil; doctor and mesmerist, | A B, LL. B; , Richard D. Blak clerk, Oscar TI D arren, J. Heagerty, J La Violett Heffernan Must Go to Trial. ited States District Judge de Haven ! yesterday overruled the demurrer in the case of W. J. Kent, as administrator, vs the Union Transportation Company to re- | cover $30,000 damages for the drowning of three men in a collision between the steamer Dauntiess and two launches on the San Joaqun River. i —_—e——— Must Go to Manila. Captain Henry R. Patterson, Third Cav- alry, who has been on duty in this de- partment, has been ordered to join his reg ment, which is operating in the prov- are in good shape and the | are well cared for and in good health. | Investigations indicated that there was lit- | which could be tter the condi- for the s the nuports is as good as it ca and the | ts will inces of Northern Luzon. ATTORNEY TETSON SUCCINCTLY NARRATES THE STORY OF HIS LEGAL BATTLES IN NOTIE CITY Tells Commissioner Heacock of How He Firmly Stood His Ground and Fought for His Clients’ Rights Notwithstanding Threats of Violence Made by the Leaders in the Camp of the Enemy [ — — & UDGE McLAUGHLIN of Minne- sota received a liberal -education in mining at the afternoon hear- ing of the Nome contempt cases, and it was W. H. Metson of San Francisco who played the part of teacher. The Judge confessed ignorance of min- ing processes and customs. Metson said he knew the very “pulse of the life and laws"” of the mines, and as the Judge was willing to learn and Metson happy to instruct, the lesson went on. he San Francisco attorney was on the San Francisco, Another Spcc Thursday, 24 October, 1901 To-Day Only, $1.60 built chair. Sale begins this morning at eight o’clock and closes sharp at No more than six chairs will be sold No mail or telephone orders will be honored at the special figure—you must come in person. six o'clock this afternoon. to any single purchaser. 957 to 977 MarKket Street, Still ahother one day opportunity for Call readers. The handsome dining-chair pictured above we will sell to-day at $1.60. The regular price of this chair is $2.25. oak, finished golden brown, with brace arms and cane seat. It has a scroll back, of one piece, instead of spifidles. It is built of A strong, (Successors lo Calilornia Furniture Co.) Opp. Golden Gate Avenue, stand as the star witness of the day. Even his closest frlends wouldn't know him in this new situation. In the clubx Metson is known as a mild-mannered man. rations at Nome for gun-fighting on a magnificent scale. He was right there, 100, when the time came, and the others were forced to play men from Missouri or &0 far back out of the range of guns and legal processes before he quit an inch of his ground. Although there were five witnesses on the stand during the day, Metson was the star. He went to Nome before tha plot spoken of by Hume in his testimony was hatched. He was there during the entire trouble, znd in fact mixed right ‘n the midst of it as one with an .active in- terest. It was Metson who started the ball rolling and the contempt cases are the last development. What he told of the judicial methods of Judge Noyes was of a’cumulative nature. Once during the | afternoon Metson ate fire with Judge Me- Laughlin. Both realized that a liberal mixture of reason with their valor would | extinguish the argumentative conflagra- | tion, and the only real case of bad tem- per in two days was smoothed over with mutual compliments. Judge Maguire, who represents Tom | Geary, took a hand at cross-questioning | Metson on the rart that Geary playeéd as | the counselor ~of McKenzie. The most important testimony was that which re- lated to two orders issued by Judge Noyes with pencil marks calling attention that they were not to be filea and the action of Judge Noyes in regard to the appoint- ment of the receivers. McKenzie Rushed Things. At the opening of the morning session C. L: Vawter was called to the witness chair for a few questions from Amicus Curiae Pillsbury and a short cross-exam- ination by Attorney McLaughlin. The Colonel May episode and the conversation Yawter had with Judge Noves in regard to the discharge of cKenzie and the bribe offer of 320,000 if the Judge wow.d displace the latter was threshed over without the production of new facts. Then Hume, the first witness called, appeared to correct errors in his testimony, which he characterized as un- intentional. ‘When it came to the cross- examination Francis J. Heney for the first time took a hand at the wheel. Miss James, who was the stenographer in the office of Hubbard, Beeman & Hume when the papers for McKenzie's receivership were made out, was the third witness of the day. But a few questions were asked. The amicus curiae began: ‘“What, It anything, did you notice about Me- Kerr:llsnwhlle these papers were being pre- “He was in a great rush to get them.” “You remember the circumstance when Mc- Kenzle was appointed7” “‘Yes.' ‘Was he in the office on that day?"’ “Yes, in the morning.. He examined the pa- pers and asked me when I would be through.”* Samuel Knight’s Story. There was no cross-examination and the witness was dismissed, Attorney Samuel Knight being next called to the stand. Knight told how he was engaged in law practice at Nome during the memorable period, that he met Judge Noyes for the first time about July 24, 1500, and that they- had an interview of some import- ance on that day. He said: “I called on Judge Noves to have McKenzie removed from the receivership and was ready with affidavits. I wanted a hearing, but he sald it was necessary for him to go to St. Michael. I asked for the order, but he still re- fused, and then I told him that I would notify Hubbard, Beeman & Hume that I would move the court at 3 o'clock to set aside the order ap- pointing receivers. At that time I appeared in three cases involving claims on Anvil Creek. Hume represented the other side. The matter had some difficulty in being g ted. No decision was rendered on the following Monday, as Judge Noyes left or St. Michael. On his return we were ad- Vised that the motions were to be reargued. On August 2 Duboce and Hume made arguments in behalf of the court. The motions were de- cided adversely on Ausust 10, “‘After that I made an application to Increase the bonds in the cases in which I was interested as an attorney. 1 also made an application to Judge Noyes for an order allowing an appeal, but this was denfed. ““The motion for an increase of bonds was taken up in September, but no order made be- fore the writs of supersedeas arrived.” He told a tale yesterday of prepa- | =3 < LAWYER METSON, WHO TES- TIFIED REGARDING JUDGE NOYES' PECULIAR METHODS. o ok “Did_you have any other conversation with Judge Noyes?”’ “1 called on him on the night of September 14, The writs arrived in the afternoon. I went to see Judge Noyes and found him in bed. He | was flL. I told him I wanted an order to put the writs into effect. He said: ‘I can do noth- ing; I shall make no order. It jsn't within my province to do so.- You must fight this out among yourselves.” The next evening I called on him again and I told him thensI wanted an order to carry out the writs. He said: ‘T talked with McKenzie this afternoon and have come to the conclusion that the writs are vold.’ Mrs. Noyes was in the room and the Judge then sald that there was evidence of very great haste on my part. I had an order with me, but he said he would make ome out in the morning. I left my form of order with him.” The witness then told how_he . had served copies of the writs upon McKenzie and all concerned. ‘‘McKenzie told me he would do the right thing. I told him the only thing to do was to turn over the dust and properties and he said he would take counsel.’” Knight here rarrated an interview he had with McKenzie, which occurred 1n the bank after the disturbance conse- quent upon the arrival of the writs. He told how he ground out a%pucauons. pe- titions and affidavits which he hurled at the court in order to enjoin the defend- ants and stay all proceedings. On Sep- tember 19 he made a sweeping application for restitution of the gold dust and a gen- sra]l 1dnjunctlon, but the application was enied. Eccentric-Gait of Justice. Knight then gave way to Attorney Metson. Metson was in Nome in July, 1900, at the time of the arrival of Judge Noyes. The,story of How Metson prose- cuted the claims of his clients in the casc of Chips vs. Lindeberg was gone over again and all Metson's legal and court relations with Judge Noyes were also brought out. “Noyes claimed that I had imposed upon him in getting an order allowing the men working Discovery the use of their tools and other priv- ileges,” sald Metson, ‘‘so he revoked the order, saying that he was going to tie up my people. He also said he was going to make an absolute order placing McKenzle in full control. The Judge had at that time made the order and he told an untruth. Soon after everything that was movable was taken from the claims and by McKenzie. We could get no redress.” ‘What occurred in regard to the bond?”’ “Tt was raised from $5000 first to $45,000. There was §230,000 taken out of Discovery and it was bearing about $10,000 a day. Applications for increase of bonds were not allowed.’” In the case of Chips vs. Lindebers, Metgon discovered two papers in the Dis- trict Attorney’s office that were labeled not to be filed. He broufim the matter to the attention of Judge Noyes and moved that the papers be put in evidence. These papers were orders found with the rest of the papers in the case and in substance are a stay of proceedings founded on_ the receipt of the writ of supersedeas which is_embodied in the order. These orders were dated September 17; Metson first had knowledge of them in October. Copies of -:a number of the pa- pers in the Chips case were then pro- duced and entered In the record. Metson next told of the proceedings taken in the case of the Discovery claim and narrated in detail the story of the foreible possession which was subsequent to the refusal of McKenzie and Judge mands on McKenzie on several occasions but was answered that McKenzie would first seek counsel. Metson as a Fighter. In one of the conversations betwi K;r‘:zie and Metson, McKenzie ua‘:l?‘lngl[:; he recelved anonymous letters and charged Metson with sending them. Mec- Kenzie said: *1 will settle with you outside.” Noyes to obey the writ. Metson made de- | LIONEL BAODKG DIES SUDDENLY Army Clerk of Thirty- Six Years’' Service Passes Away. Son of a Foi'mer Lord Mayor of Liverpool and Union Veteran. I et Lionel Brooks, a civil clerk in the War | Department headquarters in this city, died suddenly at 7 o’clock this morning at his residence, 1427 Larkin street. He had been ailing but a short time and his death was altogether unexpected by his friends. Mr. Brooks was a native of Liverpool, England, and belonged to a prominent family., When but a lad he came to the United States and in the eariy 60s volun- teered as a private in the Unlon army and fought for the stars and stripes through the war of the rebellion. At the close of the struggle he was honorably discharged and was appointed a civil clerk in the War Department, in which position he remained until his death. At the outbreak of the conflict between the United States and Spain he acted as civil secretary to General Howard and later accompanied General Merritt to the Phii- ippines. While there he was kept very busily employed and his close attention to his duties impaired his health seriously and his stomach became affected. When he returned to this city he was broken down in constitution, but refused to absent himself from his regular duties. Last Tuesday while in his office he com- plained to his friend, Joseph Slye, an at- torney, that he was not feeling well. At 8§ o’clock in the evening his condition became worse and Dr. Day was called and wrote him a prescription. During the night his condition remained unchanged and at 7 o'clock in the morning he died. Mr. Brooks has wealthy sisters living in Somerset, England. His father was at one time Lord Mayor of Liverpool. The body was removed to the Morgue and an in- quest will be held. L e e e e e o e ““We went outside,’” sald Metson, ‘“and I went to his office with him. He then sald he didn’t care for any trouble.” ‘“How much gold dust did you recover from the vaults after McKenzie's arrest?” ““About $116,000.”" v An inquiry into the health of McKenzie caused the courtroom to wake up. Pills- bury admitted it was asked only for in- formation. Heney suggested that it was for the newspapers, ex-Judge Maguire asked if- It reflected contempt In any way and McLaughlin looked wise and smiled and then drank ice water. In the course of his testimony Metson mentioned the advice that Tom Geary was supposed to have given McKenzie con- cerning the writs. Judge Maguire, as Geary's attorney, asked Metson a few questions in regard to Geary’s connection with the case. Metson said that it was through Geary’s advice the gold dust was delivered by McKenzie. Metson said in regard to this: Geary kept cautioning me mnot to get mixed up and provoke bloodshed as he would try to induce McKenzle to peaceably comply with the writ. He was fearful lest I should get shot and that half a dozen others would also if violence was attempted. Geary Enters the Case. Judge Maguire finished his cross-exami- nation and Pillsbury resumed the catechism. ““When did Geary tell you that he advised McKenzie to compiy?” asked Pillsbury. “In October.” The writs arrived September 14, but in the meantime Geary had argued that the writ was invalid. It was after the arrest | of McKenzie that he announced to Met- son that his advice to McKenzie was to deliver the gold dust. Continuing, Metson safd: Geary told me before the arrest that Me- Kenzle was going to make a fight and that blood would be shed if I made a fight. He “also advised me to have patience. I prepared for this fight, having had warning. McLaughlin then took up the cross-ex- amination. He wanted to know of Metson if certain papers appeared of record in the Anvil Creek cases. Metson repled: “I do not know when registers have pages cut_out and papers are not filed.”” ““You had access to the files, did you not?"’ asked McLaughlin. Metson took this as an insult and told McLaughlin so.- He went further and gave an instance of a discovery of a sub- stituted leaf in the register. After a few moments Metson said he had no intentjon to be at cross purposes with Judge Mc- Laughlin, the latter breathed amity and the contretemps came to an end. Metson explained later that the only way to find out that an order was filed was to examine the files themselves. The cases will go on to-day at 10 o’clock. THREE-YEAR-OLD BOY FALLS THREE STORIES Horrible Death of Avittorio Ghio Be- fore the Eyes of His Helpless Mother. Avittorio Ghio, the three-year-old son of Mrs. Mary Ghio, was instantly killed at noon, yesterday by falling out of a third-story window of the building at the southwest corner of Montgomery avenue and Bay street. Mrs. Ghio was preparing the midday meal and had placed the child in a chal: at the window, which was open, but guarded with a wire screen, fastened on the inside with a hook. Tle child un- fastened the hook and leanea out of the window to look at something in the street and lost his balance, falling to the side- walk and being killed instantly. The mother caught sight of the boy’s frock just as it was disappearing and ran to save him, but was too late. e —————— New Clerk Sworn In. Miss Winifred Trevellick was sworn in yesterday by United States Commissioner Manley as clerk to the United States At- torney. | much relief. | used Peruna, and can truthfully say ADVERTISEMENTS. A GRATEFUL GIRL. Women Recommend Pe- Headache Resulting [ Miss Mamie Groth, Platteville, Wis., ceived through the use of Peruna. have for several years suffered with several days have splitting headaches. ru-na for Backache and From Pelvic Cafarrh, writes: “Accept a grateful giri’s thanks for the wondertusr neip 1 havs re~ Although I looked well and strong, I frequent backaches and would for I did not wish to fill my system with poisonous drugs, and so when sevaral of my friends advised me fo | take Peruna I asked my physician wha it and so I/ took it, and am entire MAMIE GROTH. Mrs. Hattie E. Grove, Monticello, Ohio, writes: : 2 | “I commenced to take Peruna last Feb- | ruary. 1 had been doctoring for over a | year with our home doctor, but without At last I wrote to Dr. Hart- man; told him as near as, I could how I! felt. It seemed to me I was out of shape | all over. He wrote and told me I had | systemic catarrh and advised me to try Peruna and Manalin. 1 took six bottles of Peruna and one of Manalin and it com- pletely cured me. “I am satisfied that Peruna is a good | medicine, ‘and praise it to all my friends who are suffering from the many ail- ments 'peculiar to womankind."—Mrs. H. E. Grove. Mrs. Gridley, mother of Captain Grid- ley, who was in command of Dewey’s flagship at_the destruction of the Spanish fleet at Manila, says of our remedy, Peruna: ““At the solicitation of a friéend | it is a grand tonic and is a woman’s friend, and should be used in every household. After using it for a short period | feel like a new person.”’— Ann E. Gridley. A Housewife’s Letter. Mrs. Maggie Franks, 617 Main street, t he thought of it. He recommended ly without pain of any kind now.”’— Greenville, Miss., writes: “I was troubled for a number of years with systemic catarrh. I had aimost constant - pain in the side, stomach trouble, a bad cough. caught cold very easily and felt nervous and tired all the time. Peruna has made me a healthy, strong woman. I improved in strength and . flesh rapidly after beginning your medicine, and can do more work now and mnot feelft"than I have done for years."— Maggie Franks. Mrs. I D. Hayes, 1022 Druid Hill ave- nue, Baitimore, Md., writes: ‘“Peruna is one of the best medicines for sore throat, colds, nervous headaches and coughs that has ever been discovered. After the use of one bottle I don't feel safe without Peruna in my house.”—Mrs. I1._D. Hayes. Mrs. Ella Miskell, Leota, Scott County, Ind., writes: “‘Chronic catarrh in the head, nose and throat and pelvic organs has been a source of trouble and great annoyance to me for more than ten years. Loss of ap- petite, sleep and flesh. besides continual coughing and pain, showed too plainly that my case was a stubborn one.”—Mrs. Ella Miskell. f you do not derive prompt and satis- factory results from the use of Peruna, write at once to Dr. Hartman, giving a full statement of your case, and he will be pleased to give you his valuable ad- vice gratis. Address Dr. Hartman, President of The Hartman Sanitarfum, Columbus, Ohi OCCEAN TRAVEL. OCEAN TRAVEL. Pacific Coast Steamship Co. Steamers leave Broadway ‘Whart, Sas Francisco: For Alaskan ports—I1 a. m., gs Oct. 3, 8, 13, 18, 23, 25, Nov. 2. Change to company’s stzamers Whatcom (Wash.)—11 a. m. Oct. 3, 8, 13, 18, 23. 23, Nov. Change attle for this com any’s steamers for Alaska . N. Ry.: B tre o Facoma for N. P. Ry.; at Vancouver to C. P. Ry. For Eureka (Humboldt Bay)—1:30 p. m., Oct. 4,9, 14, 19, 24, 29, Nov. 3. San Diego, stopping only at Santa Bar- bara Port Ros Ankeles and Redondo (Los An- geles)—Steamer Santa Rosa, Sundays, 9 a. m. For Los Angeles, calling at Santa Cruz, Mon- terey, San Simeon, Cayucos, Port Harford (San Luis Obispo), Gaviota, Santa Barbara, Ven- tura, Hueneme, Fast San Pedro and San Pedro —Steamer Corona, Thursdays, 9 a. m. For Ensenada, Magdalena Bay, San Jose del Cabo, Mazatlan, Altata, La Paz. Santa Rosalia and Gueymas (Mex.)—10 a. m., 7th each month. For further Information obtdin the company’s folders. The company reserves the right to change steamers, salling days end hours of salling, without prevous notice. TICKET OFFICE— New Montgomery street (Palace Hotel). GOODALL, PERKINS & CO., Gen. Agents, 10 Market st., San Francisco. : ADVERTISEMENTS. Pears’ Whoever wants soft hands, smooth hands, white hands, or a clear complex- jon, he and she can have both: that is, if the skin is naturally transparent; un- less occupation prevents. The color you want to avoid comes probably nei- ther of nature or work, but of habit. Use Pears’ Soap, no matter how much; but a little is enough if you use it often. / Established over 100 years. O.R. & N. CO,. Omnly Steamship Line to PORTLAND, Or., And Short Rail Line from Portland to all points East. Through tickets to all points, all rall or steamship and rail, at LOWRST RATES. STEAMER TIOKETS INOLUDE BERTH and MEALS. §8. COLUMBIA Sails....Oct. 25, Nov. 4, 1, 24 §S. GEO, W. ELDER - . ....Sails Oct. 30, Now. 1,29 D.W.HITCHCOCK, PACIFIC STEAM NAVIGATION GO, And Cia Sud Americana de Vapores To Valparalso, stopping at Mexican, Central and South American ports. Saliing from How- ard 3, Pler 10, 12 m. / Oct. nIPu'.!:NA i ‘Nov, '3|COLOMBIA Nov. 23 Dec. 7 These s are built expressly for Cen- tral and South American passenger service. \No changes at Acapulco or Panama.) Freight and passenger office, 316 California street. BAEFOUR, GUTHRIE & CO., G Agents. HAWAIL, BAWOA, NEW Oceanles.$.Co. Bt .' DIREGY LINE ToTAHITL, Honolulu, Same Auck- e oa, , Oet, 2p. Tar tarli . o 3P, m. oc . 8. SONOMA, for ‘land and Sydney. 8. S. AUSTRALIA, lu .Saturday, . m. SPAECKELS & BROS. £0., Bensras 21 ( o e D, 5t S o o STENUSHD 4 LINE PANAMA R. R. TO NEW YORK VIA PANAMA DIREST, . Cabin, $105; Steerage, $40; Meals Free. 8. o. Leclanaw saits Wednesday, Uct. 30 8. S. Argyll sails Saturday, Dé:. 7 8. S. Leclanaw sails From Howard-street wharf (Pler 10) at 2 p. m. Freight and Passenger Office, 330 Market st. F. . CONNOR, Pacific Coast Agent. | for YOKOHAMA and HONGKONG, calli TOYO KISEN KAISHA TEAMERS WiILL LEAVE WHARF, COR- ner First and Braunan streets, at | Kobe (Hiogo), Nagasaki and Shanghal connecting at_Hongk-ng with steamers India, ete. No cargo received on board on day of sailing. §S. AMERICA MARU .... Wednesday, SS. HONGKONG MARU.. s Saturday, November 16, 1901 SS. NIPPON MARU Wednesday, December 11, 1301. Round-trip tickets at reduced rates. For freight and passage apply at company’s office, 421 Market street. corner First. W. H. AVERY, General Agent. AMERICAN LINE. ¥EW YORK. SOUTHAMPTON, . PARIS, Stopping_at Cherbourg, westbound. From New York Wednesdays at 10 a. m. St. Paul Oct. 3)|St. Paul . Friesland . Nov. 6 Haverford Philadelpht; Philadelph RED STAR LINE. New York and Antwerp, From New York Wednesdays at 12 noon. Oct. 30/ *Vaderlana *Stopping at Cherbours. bound. INTERNATIONAL NAVIGATION “Dec. CO:, D. TAYLOR, AS. General Agent Pacific Coast, 30 COMPAGNIE GENERALE TRANSA' DIRECT LINE TO HAVRE-PARIS. Sailing every Thursday instead of Saturday, at 10 a. m., from pler 42, North Rf foot of Morton street. to Havre, $70 and upward. Second ' ENERAL Montgomery st. ADA, 2 Broadway (Hudson bnllfllns)‘; New York: J. F. FUGAZI & CO.,_ Pacific Coast Agents, § Montgomery avenue. San Francisco. Tickets sold by all Railroad Ticket Agents. —— EAY AND RIVER STEAMERS. FOR U, S. NAVY YARD AND VALLE)D) Steamers GEN. FRISBIE or MONTICELLO 9:45 a. m., 3:15 and 8:30 p. m., except Sun- day. Sunday, 9:45 a. m., 8:30 p. m. Leaves Vallejo 7 a. ‘m., 12:30 noon, § p. m., except ., 415 p. m. Fare 0 cents. Telephone Main office, pier Mission-st. dock. HATCH CAFE ROVALES 252