The San Francisco Call. Newspaper, January 18, 1902, Page 3

4 THE SAN FRANCISCO CALL, SATURDAY, JANUARY 18, 1909. DEMARD LAND AND MANY AGRES Women Bring Suit to Recover Estate of a Pioneer. Statements of a Sensational Character Made at San Jose. The Call. —A suit involving y, and teresting details hn Julius Martin, r of this county, was r Court to-day by two er marriage. leaving of his neer and the parting h Carolina, den State, in 1833, ar from rce on_the ree of a divi- made at_the not know where learned his fetime. The s not until ew where are their knowledge s family for them of the at time 0 in money in worth of cattie stated that . 1 he was living w h H IcPherson, who and who took rty and claimed e heirs of Mar- property 1o Lewis, Mar- a A Johnson, Philbrook, and g the property to 2 J W. R. Pyle, who filed a petition on on the es. such letters in Jan- that these pro- distribute _the The plaintiffs claim the _estate of itied to the 1 property, seth H. Mar- t. They as e real property be they be decreed the own- pe & il ) Sestmreite ol $oe Ewtabe rancisco is at- 1LOUD RIVER TRACT WILL BE RESURVEYED That Magnificent Clubhouse nds Upon Indian Allotment o Be Investigated. The contention of the men arrested for Arsdale, who al- e magnificent In fact, has been sus- Government In- few days for of survevors rier of a mile from n land which , and ife of the = wi because 17.—The United noon for aver Island to investi- on the island e — | ADVERTISEMENTS. That old copybook maxim finds its most forceful application in the waste of vitality, which is called “burning the candle at both ends” A woman is often tempted beyond her strength by domestic or social demands. Some day sue awakens from this waste of stren, to the woeful want of it. She has come weak, nervous and mjserable. For weak, nervous, run-down women, there is no better tonic and nervine than Dr. Pierce’s Favorite Prescription. It restores the appetite, quiets the nerves and gives refreshing sleep. It cures local diseases peculiarly womanly which undermine the general health. Itmakes weak women strong, sick women well. No doubt you have forgotten me, but after ou read my letter will remember me,” writes Mrs. Anunie E. Moring, of 238 7th Avenue, S. W., Roanoke. Va. *In the year 1897, I wrote to you for adyice, which you gave me free of When I wrote to you I was a wreck ; 1 raight for pains in my abdo- own, lie down, or get any ad what was called the best doc- but did not get any better until I went our medicine. I took eight avorite Prescription’ and very* and ten bottles of 1 tell you the medicine Weak and sick women are invited to consult Dr. Pierce, by letter, free. All correspondence is held as strictly private. Address Dr. R. V. Pierce, Buffalo, Dr. Pierce’s Pellets cm" i e acquired by pur- | g investigated to | ROYAL FLAG FLUTTERG FOR OGEAN TRIP {Kaiser’s Yacht Hohen- zollern to Sail This Morning. | Cabinet Officials Discuss Re- ception to Prince Henry. Squadron Will Meet the Emperor’s Brother in New York Harbor and Saluting Cannon Will Thunder. TRRA 2 i BERLIN, Jan. 17.—Baron von Richthofen, Minister of Foreign Affairs, will give | iner to-morrow to Prince and Prin- | cess Henry of Prussia, Andrew D. White, | United States Embassador to Germany, and Mrs. White, John B. Jackson, secre-| of the embassy, and Mrs. Jackson, | a number of other distinguished per- | in_anticipation of Prince Henry's to the United States: The Hohenzollern is for the United States clock. Everybody on ness for the trip. | WASHINGTON, Jan. 17.—The time af | the Cabinet meeting was largely occupied in the discussion of the formalities to be followed upon the occasion of the visit of Prince Henry of Prussia. It is the de-‘K sire of the President to show the Prince | every honor befitting him as a Prince of heduled to sail | to-morrow at 9| board of her is in | the roval blood and as the personal rep- | resentative and kinsman of the German | Emperor. But at the same time the pro- gramme is to be as simple as possible. Precedents in_the case of the visits of the Prince of Wales and the Duke Alexis of Russia have been carefully looked up and will be followed where applicable. Che programme as far as agreed upon is follows: 1 Welcome to the Prince. | Upon the arrival of Prince Henry in| New York he will be met by a squadron | under the command of Rear Admiral Zvans and national salutes of twenty-one | guns will be fired both by the warships and by the shore batteries. Visits of courte; will be made upon the Prince | by the commander of the Department of | the East and the ranking naval officer at | New York, and Assistant Secretary of State Hill will also formally welcome the Prince as the speclal representative of the President When the Prince reaches Washington | he will become the guest of the German | Embassador. According to precedent, it will be the duty of the Prince to call upon | President, who will return the visit. | er will the White se in the Prince’s honor. It was decided that all arrangements be given | | for Prince Henry's reception shall be con- | at fided to a special committee, composed of Dr. David Jayne Hill, representing the State Department; Major General Henry C. Corbin, representing the United States army; Rear Admiral Robley D. Evans, representing the navy, and Count A. von | Quadt-Wykradt-Isny, the counselor and first secretary of the German embassy. Colonel Theodore A. Bingham of the en- gineer corps will assist General Corbin in | the execution of the details. Some embarrassment in the prepafation |*[3 of plans is caused.by the fact that thei day following Prince Henry's arrival at | New York will be Sunday. It will prob- | ably not be deemed well for the Prince and his party to travel on Sunday—hence he cannot start for Washington on that | day to pay his visit to President Rooseri veit Rapid Tour of Cities. Pressure is being brought to bear by | nearly all the large cities of the coun- try to secure the presence therein of Prince Henry and the present indications are that, after the conclusion of. the launching ceremonies, the Prince will make a rapid tour through the country, going as far west, perhaps, as St. Louis. In case this plan is executed the itinerary probably will be arranged to allow the Prince to see the American cities having | ihe largest population of Germanic ex- | traction. | William Wallace Downey, a member of { the firm building Emperor William's | vacht, called at the White House ‘to-day, and after discussing with President Roosevelt the details of the approaching launching went to the State Department | and talked over the details of the pro- | gramme with Assistant Secretary Hill, | Admiral Evans and Aamiral Crownin- Shield. It was decided that the.launch ghall occur at 10:30 a. m., February 2. Two plans are under consideration for the transportation of the party to Shoot- ers Island, where the yacht is building. | One is to have the President meet Prince | Henry at the Battery in New York, where the party will board a United States | Government vessel and proceed down the | bay to the island, nine miles distant. | |-Another is to have the President’s car gb | | over the Baltimore and Ohio Raircad as | far as Newark Bay, where it will be | switched on to the long trestie and the | party embarked on one of the shipbuild- | ing firm's boats. The ship yard is only | three-quarters of a mile distant from this | trestle. Rear Admiral Evans has been desig- | nated as a special attendant upon the | Prince, besides being in charge of the | naval demonstration. He has arranged to | ove the escorting squadron under his command meet the North-German Llovd steamer Kronorinz at Tompkinsville, at | which point the Princa will be transferred to the Hohenzollern, and the naval pro- cession will steam up the bay. | PASSENGERS ARE SAVED | BY A BREECHES BUOY | Forty-Four Persons Taken From a| Wreck of a Railway Com- | pany’s Steamer. | LUDDINGTON, Mich., Jan. 17.—The Pere Marquette Railway Company’s steamer No. 8 struck the bar at the mouth of the harbor early to-day while attempting to enter in a high southwest gale and was scuttled in nine feet of water. The nine passengers and the crew of thirty-five were taken off the wrecked | craft by the life-saving crew with their breeches buoy apparatus, The No. 3 lies | 180 feet from the end of the north pler | and 200 feet from the shore, with great waves dashing over her decks. She is already a mass of ice. The accident ocourred before daylight. Passengers and crew were rudely awak- ened by, the succession of shocks as the steamer’ pounded on the bar. Signals of distress were immediately blown and_the life-saving crew quickly responded. Run- ning their mortar out on the pler, the | ife-savers sent a line to the wreck. A eavier rope was then hauled aboard, and Wwhen davbreak came there was a line | 200 feet long stretched from the pier:to the No. 3 and the breeches buoy appa- ratus was ready for use. Over this line the nine passengers, four of whom were women, and the créw were safely taken in the breeches buoy in two hours. It w a_thrilling rescue, As the people e drawn along the ro waves broke ‘over them and. all rers drenched by the lcy w: - vy hed by the lcy water when they ar ——— Liners to Touch at Suva. VANCOUVER, B. C., Jan. 17.—Permis- sion from the Canadian Government has been granted to the Canadian-Australian line of steamers to call at Suva, Fijt Isl- ands. The consent of the Canadian Gov- ernment had to be obtained, owing to the alteration of the sailing schedule, as the steamship company is subsidized to carry Canadian mails. It is likely that a cail will be made also at either Auckland or Dunedin, N. Z. The calling of the steam- ers at Buva will involve an addition to the route of 265 miles. The new steamers be- ing built for the line are expected to cover the additional route without length- ening the present time schedule. LAWYER CURSES THE COURT AS HE * | IS LED TO JAIL FOR DRUNKENNESS —_— Judge Punishes an Attor- ney for the Defense <+ 4 ALLEGED PARTICIPANT IN LOOK- OUT LYNCHING AND SCENE OF THE TRAGEDY. —k LTURAS, Jan. 17.—Clashes were frequent to-day in the trial of James W. Brown, one dispute resulting- in Judge Harris, of | counsel for the defense, being | sent to jail for drunkenness and disorder- 1y conduct. Later in the day a serious row occurred as a result of a remark by Judge Harrington, who said that the | smile on Raker's face was a smile of false- | hood. Raker declared that the Judge would not dare tell him that outside of the court room. The court ordered the Sheriff to take charge of Raker, but the excitement continued and shefin lstreet verlooked the order. Judge Harrington gvas extremely angry and told Raker that if he made another attack upon him it would be his last. During the noon recess a spectator ad- dressed Juror Mulkey, saying: “I don't care what you do if you don’t hang Bert Splicer” (another juror). Sturtevant of the prosecution heard the remark, but did not catch the name. On the assembling of the court he asked that the jury be excused and that Sheyiff Street be sworn. When this had been done the Sheriff said that a man named Linnville had passed the remark. Strenu- ous objections to the proceedings were made by the defense. On the name of Splicer belng mentioned Sturtevant saw the uselessness of his complaint “and asked that the trial go on, but Raker ob- jected, saying: “We don't want any monkey business. Let us hear Linnville.” Linnville was called and explained the innocence of his remark and was excused after being reprimanded by the court. Then Attorney Boyd, for the prosecu- tion, arose and asked 'the court 1o grant Misé Neill, official reporter of Lassen County, and a witness in the trial, per- miszion to go to Susanville to report an important case there. The defense made strong objections, claiming that Miss Neill would be wanted to appear as a wit- ness. The court ruled that Miss Neill would be allowed to leave Alturas, subject to call at any time. Attorney Harris for the defense became obstreperous and boisterous in his .re- marks and the court ordered him im. prisoned for six hours. Harris left the court room in charge of the Sheriff, curs- ing Judge Harrington as he went. Court Makes Vain Appeal. As soon as court opened this morning Judge Harrington expressed the hope that the trial would proceed in a more amica- ble manner than in the past. The Judge said that thirty-seven court days have passed since the impaneling of the jury and thirty-four days had already been taken up In _cross examination. Attorney Spencer was evidently a sick man and Raker asked to be permitted to take up the examination of the witness. Judge Harrington denied the application, saying: “Mr. Raker, I am-physically unable to stand you for more than six weeks at a time. The court must protect itself." During the examination of the witness the prosecution, entered many objections. and on several occasions Raker interject- ed remarks disagreeable to the opposing counsel. Just before the adjournment of the morning sesslon Raker made his oft- repeated claim that the prosecution was “educating” the witness. “Attorney Boyd, for the prosecution, remarked: ;Ang! er doi]e‘ fbram }(lh&t sawer."” oyd’'s remark brought a strong prot from the defense, Raker calling the o tention of the court to the unprofessional and ungentlemanly words of Boyd. The court replied that he did not hear the remark and Raker said that the court always managed to hear his remarks, but pald no attention to the objectonable remark of the prosecution. ThE court re- plied that he "wished to God that he could not hear half Raker sald.” Raker arose, asking permission to make a state- ment, but the court cut him off, saving: “I came into court this morning and asked for peace and quiet, and in the name of common decency and propriety let us proceed with this case.” Spencer took up the cross-examination of Witness Morris as to the movements of the lynching party from the time it left the schoolhouse until after the lynch- in%, when the mob unmasked and sepa- rated, Morris told a story substantially the same as that related by John Hutton, but his testimony showed that he did not pay as much attention to details on the night of the hanging as did Hutton. His testimony differed irom Hutton’s in several unimportant points and he con- tradicted himself on several cccasions. Hutton testified that the wagon spokes brought for the town party by the coun- try party were distributed at the school- house, but Morris said that they were distributed at the hotel just before the lynching. Hutton said that the sack used to conceal the ropes, gags and spokes was afterward utilized as a mask by one of the party. Morris said that the ropes were carried to the hotel in the sack. Morrls testified that the lynching party marched from the schoolhouse to the hotel in twos, Hutton said that they walked in no set order. Hutton told the jury that he and Morris were the first to leave the hotel with the young Wilson boy, whom they prepared for the lynch- ing, but Morris said that Frank Hall, one of the victims, was the first to leave the hotel. Morris testified that Daniel Yan- tis was the first man hanged, and that the men who hanged him assisted Morris and Hutton in hanging young Wilson. Later in the day, In answer to a question by Spencer, Morris sald that Frank Hall was the first man hanged. The defense noticed the contradiction and shortly be- fore adjournment asked Morris if he de- sired to make any corrections, but the prosecution objectéd and Morris did not ep) reply. Morris testified to one point that Hutton neglected in his_testimony—the fact that after old man Hall was hanged several shots were fired by some one near the hotel and that some of the lynching party fired shots while on the bridge. Morris explained that he did not hear all that was passing on that night, because & fever had rendered his hearing faulty, Spencer questioned Morris as to his tes- timony before the Grand Jury, asking him if he did not mask when testifying before that body to Iillustrate a certain point in his testimony. The prosecution made a strong objection, asking how the defense had discovered what Morris had testified to before the Grand Jury., Ra- ker replied: ““We want to impeach the testimony of this witness, and it's nobody's business where we got our information as to his testimony before the Grand Jury. We il bring the Grand Jury before the court.” ‘“You call every witness who this chair a liar,” exclaimed Ju Har- rington. *You get more rumors than any one I ever saw. You are a monomaniac on_impeachment."” ‘“With exception to the remarks of the co_}x‘{.t.” retorted rer. i e questioning of the witn, his testimony before the Grand Jury g sulted in several rows. Exchange of Bitter Words, “Is there a Foresters’ Lodge—a order—at Lookout, and were gou a m‘;& ber of that lodge?’ asked Spencer. Objection sustained. ‘“Was Robert Leventon an officer of that lodge when you were a member?"”’ Objection sustained. Raker—We desire to show the animus of the witness against Leventon and others and where he got his miserable hate of those men, The' court_—Opjectlons were sustained. spencer—Were you turned out of that jodge! g:jectlonulns(;lne:{ PRI iy . encer—May e show it the was prejudiced for befng kicked out of that lodge? The court—Objection sustained, Mr. Spen- ces T. Spencer—Then 1t the court rules, we show the animus of this man. Wers you not expelled because you. disclosed & scret of the order ets into Qblection sustained. Spencer—Are you prejudice the Aetendant, and Bob Leventon on aecoust ot Deing expelled from the iodge? The court—Strike that out Sturtevant— that the jury be dlsmissed duriag this mudslinglag. L Spencer—It {s a contemptible practice on the part of the prosecution. Raker—We want to show that he was black- balled, and prejudiced for that reason. The' court—T'll blackball you, Mr. Raker, by putting or we'll take a recess. 8 you with G. F. Harris.” Now, shut up, Raker smiled and the court said: That sardonic smile on your face is a emile of_falsenood. Raker, - angrily—Tell ‘me that out on the street, Judg The court—You make an attack on me and it will be the last you'ever will make. I'll put you in jail. Mr. Sheriff, take thai man out. Raker—T am behaving like a gentleman. Spencer—Raker i§ unarmed. I will not let him hurt you. The court—I don’t carry a weapon elther. Bitter words traveled back and forth for some minutes and the Judge finally ordered a recess. FATAL DUEL INEMPERDR'S HUNTING PARK The Local Governor of Springe Shot Down by Antagonist. Victor Takes an Unfair Ad- vantage by Firing at the Count “One.” Meeting on the Field of “Honor” Is the Culmination of Gossip Con- cerning Wife of One of the Participants. BERLIN, Jah. 17.—Fresh material for the dueling controversy has been afforded by the Von Bennigsen-Falkenhagen meet- ing in Emperor Willlam’s hunting park at Springe, near Hanover, in which Bennig- sen, the local Governor of Springe, was probably fatally wounded by Falkenha- gen, who Is a large lessee of crown lands. The affair had reference to the wife of Governor von Bennigsen. Several gentle- men of high position in the town of Springe, having decided at the club that the Governor ought to be informed of the gossip concerning his wife, in which they considered there was ample grounds for a duel, presented the matter to Von Ben- nigsen, who challenged Falkenhagen. A meeting was arranged, and Falkenha- gen fired at the count of ‘“one.”” Von Bennigsen fell without firing once at his adyersary. The Governor's aged father, Rudolph von Bennigsen, one of the founders of the National Liberal party, and long noted as a leader in the Reichstag, arrived on the fleld soon after, accompanied by his sec- ond'son, who is the Governor of German New Guinea, and bore the wounded man away. INHERITS A MILLION FROM TWO BROTHERS Klondike Cattle-Dealer Gets Estate of British Officers Slain by the Boers. VANCOUVER, B. C.,, Jan. 17.—News that he had been bequeathed between $700,000 and $1,000,000 greeted Charles J. Balke, a Klondike cattle-dealer, on his arrival here from the north to-day. The money Is left by his two brothers, both of whom were recently killed in the Boer war. Balke's brothers went to Cape Town a number of years ago and made their money in mining and speculation. When the war broke out they turned all their realizable property into cash and enlisted in_the British service. Both were trained soldiers and had officers’ commissions. They met death and their property is awaiting the disposition of the remaining brother, now in Vancouver, and an aged father. Cutting Affray Near Mark West. SANTA ROSA, Jan. 17.—During a fight that occurred to-day at Barenchi's dairy, near Mark West Springs, Angelo Tamba was badly cut and in all probability fatally wounded by Ghiranda Bernardino, a fellow employe. Bernarding was late in rising and was taken to task by Tamba. An encountéer was the result. Tamba is much the larger of the two and, accord- ing to the statements of witnesses, had his opponent down when the cutting oc- curred. One of the wounds is across the back and the most serlous is a gash across the stomach. Tamba is in a san- itarium in this city and Bernardino is in jail, having given himself up to the Sheriff. e Chinese Objects to Bullets. SOUTH BEND, Wash., Jan. 17.—Lum You, the Chinese who was sentenced to be hanged January 31 for the murder of Oscar Bloom, and who escaped from jail last Tuesday, was recaptured this morn- ing by & posee in the woods about one mile from this city. When found the Chinese made little resistance and begged to be shot, though when he was shown a revolver he begged the men not to shoot. He told his captors that he slipped out of the jail door when the jailer brought him his dinner. There was a re- ‘ward of $200 for his capture. GOURT UPHOLDS IDLE HUSBAND Failure to Support Not Sufficient Ground + for Divorce. Judge York of Los Angeles Refuses a Decree to Mrs. Valenzuela. LOS ANGELES, Jan. 17.—Judge York of the Superior Court to-day handed down a decision in the divorce case of Ramora Valenzuela against Arnulfa Valenzuela, denying the application for legal separation. The decision is an im- portant one in that it elaborates more in detall Judge York’s stand upon the ques- tion of obtaining a divorce because of idleness on the part of the husband and the consequent burden of support falling upon the shoulders of the wife. Last summer Judge York made certain re- marks on this subject that were widely commented upon. The Valenzuela deck sion is in part as follows: This action is prosecuted by the plaintif om the ground of willful neglect, by reason of de fendant's idleness. The testimony of the plain- tiff shows. that the defendant, by reason of his idleness, has never provided plaintif with a home except with his parents and has never supported her, but that the plaintiff ever since the marriage has been a wageworker, has earned sufficient to support herself and has laid up meney for her future wants. The question presented is: Can a wife #b- tain a decree of divorce because of the hus- band’s failure to support her on account of his idleness, when she herself is a wageworker and carning more' than sufficlent to support her- self? t But be she ever so idle, he cannot obtain from | her a divorce upoa that ground. The idle are the willing victims of profligacy and dissipa- tion. Selfishly does idleness fatten upon the fruits of others’ labor. _Idleness cannot be too severely condemned. But for idleness alome, however much society may condemn it, we can- not divorce the wife from the husband any more than we can divorce the husband from the wife on ‘account of it. In all walks of life woman has shown her ability to cope with men. The time has arrived when we should look suspiciously upon her claim to support from an idle husband, when she is healthy and childless and more than his equal in the battle of life. Heretofore the dis- tinction between idleness and neglect caused by idleness has been the cause of the bringing of many a groundless divorce suit. The plain- tiff in this case has asked for divorce on no other ground than that of willful neglect be~ | cause of the idleness of her husband, and there- fore her prayer must be denied. Plaintifi’s attorneys declare they will carry the case to the Supreme Court. | FAN-AMERICANS AGREE CONCERNING ARBITRATION Ecuador and Chile Are Induced to Adhere to the Hague . Convention. CITY OF MEXICO, Jan. 17.—The at- mosphere of the Pan-American confer- ence was suddenly cleared this morning and with the best of feeling prevailing on all sides, both the plans of compulsory arbitration and The Hague agreement passed through the conference. W. L Buchanan of the United States delegation afforded a means whereby, in spite of yesterday's discussion, both Ecuador and Chile might adhere to The Hague conven- tion, proposing that the minutes of the last two sessions, showing the feeling of Chile with regard to arbitration, should form a part (as annexes) of the protocol whereby the nations represented at the conference express their accéptance of The Hague conventio: Now that the arbitration question has been disposed of the conference will has- ten the work that is still before it and will be able to close its session in a week or ten days. The Peruvian delegates express them- selves as in general satisfied with the so- lution of the arbitration difficulty. It is declared that the Peruvians and their al- les have won a great diplomatic victory by obtaining admittance into the confer- ence of their compulsory plan. Automobiles to Grand Canyon. FLAGSTAFF Ariz., Jan. 17.—Oliver Lip- pincott of Los Angeles, who is testing the practicability of the automobile as a means of transportation to the Grand Canyon, has just returned from the can- yon, having made, the trip in seven hours and a half. Citizens of this place are now organizing a stock company to oper- ate a line of automobiles from there to the Grand Canyon and expect to have it or the robust man. of every package. 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