The San Francisco Call. Newspaper, January 19, 1902, Page 17

F to be .toAMotbbN& 0-<~A§&0b cm”.»\)*g’ Pages IT028: FOPTTOTOPPPP PO O POTOTUUN + + + - - ° @ all. 044444 : Pages $44444544 40400444400 R e AR e s SR R R S VOLUME XCL—NO 50. SAN FRANCISCO, SUNDAY, JANUARY 19, 1902—FORTY PAGES. PRICE F1VE .CENTS. DEMCCRATS SEE CHANCE FOR CAMPAIGN ISSUE IN THE ISTHMIAN CANAL: ROUTE SIGMFIEANGE | JUDGE HARRINGTON GIVES REIN TO HIS RAGE .. AND ORDERS WITNESS MORRIS OFF THE STAND UEVISIT OF PRINGE HENRY Diplomats in Washing- ton Closely Watching Preparations. Strong Motive Underlies Ger- man Efforts to Form Closer Relations. 1 Flan for the Reception and Enter- tainment of the Royal Guest Prevent Visits to All | Places Invited. Special Dispatch to The Call CALL BUREAU, 1408 G STREET, N. ASHINGTON, Jan 18. —Dlplumm are paying the closest at- the preparations which are be- | for the reception of Prince | There is not one of them who | eve that Emperor Willlam | tive underlying his efforts | most cordial relations | ted States. In connection | rtures of the Em- d to-day that they are | of the frank talk which err von Holleben re- ection with the Mon- | i mbassador made it esident that his Govern- tion of occupying or | territory. It was | > Roosevelt, and he re- | d States bad no pur- | e collection by Eu- | ust debts held against | erican republics. | therefore given credit derstanding which was subsequent courtesies are undoubt- | nge of views dent Roosevelt personally ex- : Holleben, the Ge: gratification | by Embassador. ¢ sincere gratification | nal gratifica- | e Government and States are taking he impending visit of Prussia. of your country I| hes and letters in- | > 2 thousand functions, es are prepared to give | Highness will, I know, ability to accede to of those who have he embassy. But he ns as evidence of | tHe feeling which ex- | rmar seems to me that | nt and the Amer- this country against esirous of creating een two nationalities which s. Germany does ter and that the two | sisting each ozher ore glorious pros- aperor William | nd other high 1 Government to 1 President Rooses epted as an eviden e of the d by his and people of for the reception and enter- decided Falls the Chicago oniy of the decided, owing February This will next the German Em- Tuesday morning. nt del dress to Congress. and exchange | ittee charged with the ar-| e launch occur on | s on the part of the ew York and Washing- | come to Washmgton‘ rriving here on the He will be met | handsome military ed to the German Em- | it the President | nd the President | evening the Presidential | rince will leave Washing- | rk and they will see the rn to Washing- and it is' lkely will be enter- | ite House. On | 10 be one of the company | Capitol when Secretary | the McKinley memorial ad- 3 Continued on Page Eighteen. ality which the | almost beside himself .with over the course of counsel for the defens g to make will g0 | and seemingly on' the verge of a break- ; ports which come | down because” of the strain he has becn there is a spirit of | under for the past seven weeks, summar- ily ordered Witness Claude Morris off the ose reports are calumnles| stand and adjourned court wu‘wut 1I<lm- | Ing to the protests | were attempting to make. a picture of rage as of these ties. On | counsel. along the path of| {ne alleged “sick and xlred of t‘le whole It was expected that the examlnall/m u! Morris would :be concluded to-day, the abrupt adjournment will result {n the young lyncher being recalled when session of court is resumed on Mon It can | The case is likely to go to the jury next week. Strife Begins in Morning. The defense this morning resumed the | cross-examination Spencer asked the witne when on | after the lynching, die happy if I knew E. 8. Trowbn( ~’e\ (the men had been enemies) was one of those lynchers and would har Morris replied In the negative. On the night you met Mr. Raker (one of the counsel for the defense) at Look- out, did you state that Jimmy Boyd (one | of the counsel for the prosecution) had | g@one to your ranch and told your undle | that if you went to Alturas you would be shot, and taking you aside, warned you t to go to Alturas?” T made that statement In substance. told Boyd that I had nothing to fear; that I knew nothing of the \)nchmg and that I would go to Alturas. The defense asked the same question | several times as to the different persons prosecution objected gustained | cumstances leading up to his making a The defense | confession. It came out that he had tes- | said it wanted to impeach Morris, he hav+ ’uned on that occasion that he had been ing made contrary statements in and out | | offered “protection,” but the questions of The court said: “It has been admitted time and time | again that the witness had told different | cept that the® witness Understood that he knew nothing of the | would not be punished. | present, and | strongly. | objections to the questions. partics that he Iynching.” Judge Le‘ave! the Bench., When Morris was asked whether he had not said that he and Hutton had stepped | lom of Trowbridge's store on the night ‘su'.horhy to offer him protectiony 3 —— Alturas Court Bitterly | Excoriates Counsel for Defense. LTURAS, Jan. 18.—Rage, hatre and excitement were the tinguishing features in the of James ‘W."Brown, leged lyneher, | objection by’ the prosecution and oppos- | ing counsel began an argument. Arising The court was he excorlated He declared he had been drive res that they | almost to distraction by the unprofession- | al conduct of lhe attorneys representing and that he was | but | Raker. “Suppose some one should say | would - get- the chickens. , I don't like | them, and I'm sick of Modoc chickens.” Witness Morr! if his father, deathbed or at any mr, | and this remark further angered him. | untarily. he was asked. of court. l/l[/l,f’l/lllll/llflflIfllllllilllllllfll[fllmlllllllflfllllMflh: M S NI nIE ML lll'IIIIIlllilfllllmllllllHIIIWII V/0) \) + \ ~ STATE DETECTIVE WHO IS GUARDING ALTURAS WITNESSES, A LASSEN COUNTY OFFICIAL WHO IS AS- SISTING IN THE PROSECUTION OF THE.ALLEGED LYNCHERS AND THE HOTEL IN WHICH THE TWO YOUTHS WHO CONFESSED ARE PROTECTED FROM VENGEANCE OF MOB'S FRIENDS. J | - % S of the lynching, the court- sustained an from the bench the .Judge remarked: “For God's sake; wear Yyourselves out, and I will take a seat near the stove.” He suited his action”to his words. The defense did not leave the question and the court sald: } “Counsel is killing time.” “We want to impeach the witness,” said that your Honor and I went to a hen roost—" The court, interrupting; “Well you “If I'd said possums I'd been all right,” retorted Raker. Harringtom is a * Southern gentleman, Spencer asked the witness if he had | made his confession of the lynching vol- The witness replied that he had and without promise of reward or | immunity. “Do you remember making a statement | in court on January 7, giving evidence on | that oceasion to a circumstance which | vou have related in court on direct ex- amination?” “Yes."” Spencer showed Morris the transcript | of the reporter’s notes of that date, when Morris was questioned as to his reason | for making his statement, the defense | having contested his right to appear in court. The court ruled at that time that i he might appear to testify for the prose- cution whenever called. ) Morris identified the notes and was ques. ioned as to his testimony at that time re- arding his arrival in Alturas and the cir- }counsel for the defense did not bring out i just what “protection” consisted of, ex- The defense brought out the fact that on one occasion Morris had testified !hnt he would not have taken chances of pro. ecution for the crime. and storm the court. stop.” ““Was your hearing such as to permit you to hear all that was said on the night ]he would have been greatly 'deceived had “If so, why have you testified different- Iy on cross-examination to" these ques- tions tified that no inducements were heid out for him to confess. 'This question was.ob- jected -to as irrelevant and the ob]ec'wd | was sustained. * asked Spencer, Morris having tes- Raker Arouses Post’s Ire. -Sturtevant then took up the redirect examination. ‘“After leaving the east end. of the | bridze on the might of the lynching, who left for town first, you or Hutton?” he | asked. ‘“We object,” sald Raker. “We -asked | that question .and an objection was sus- tained, and now they ask leading ques- tlons after he has been in their company end guarded.” Post @rose excitedly and said: “It is not true. Raker cannot measure e by his caliber.” “Raker and you can fight and fume s much as you please.” sald “This case must go on. Now of the lynching?’ Morris was asked. “Yes, sir: I think it was." ‘Morrig ' had testified yesterday that fever nad rendered his hearing imper- fect. Raker objected to the question and the court said: ¢ “This testimony would all have been in weeks ago if there had been no John E. Raker in this case. He objects and makes a row on ‘every question put.” When Morris replied ‘“‘yes” to the question Raker smuled at the contradic- | tory testimony. ’ Asked if any of his relatives were stop- ping in the Grand Central Hotel in Al-| turas during the early part of his stay here, the witness replied that his mather and uncle were stopping there and that he had free access tp their rooms and could go there when he pleased. Tke de- fense had sought to show that Morris was under restraint. Spencer Makes Objections. Post asked Morris 1f he hdd made more he discovered that General Post had no than one statement regarding his .con- and that | pection with the’ Lookout lynching.' Thé | in the evening reduced. to wrlun'? . | ment on the night of his“arrival' from question was objected to as immaterial, courisel for the defense declaring’ that overruled and the witness replied “Yes.” He =aid that he had made his first state- Bieber, Boyd and Post being present. Answers to these questions were brought said “These’ statements are hidden from us and I can’t see what this jury has to do with these statements.” Morrls safd that he had never been pramised immunity previous to making his first statement. Spencer claimed that authority to make an offer of Immunity. Post—We have protected the witness just the same. Spencer—The court has protected him. Post—He is absolutely free rfght now. Raker—He is not and we will show you. Post (to witness)~Was the statement that you made on the night of your ar- rival general or in detall? Witness—It was in detail. Post—What was the statement you made? ‘Witness—When you came into the room I said: “General, I was in that lynching a.nd/lhe reason I had not told you before was that I had been drinking and was not accountable.” I did not make a fur- ther statement. Post—When did you make that written statement? / ‘Witness—Next morning at 5 o’clock. Raker—We ask that we be furnished a copy of that statement. that the application is denfed. Spencer—I demand that the prosecution glve us the privilege of seeing It. they never had been supplied with & cobY | A, objection was sustained. of Morris' statements. The objectiongwas | i | out after objections by. Spencer, who | the Attorney General's office had' no ! The court (to: reporter)—Cut that out. Day’s Excitement End; _ With an Abrupt Adjournment. ‘Witness—No, sir. Spencer—I move that the court orders stricken out all evidence referring to kis first statement. The court—Your application is denfed. Morris Took Several Drinks, Spencer then questioned Morris as to the facts of his drinking on the-day of his arrival in Alturas and elicited the in- Spencer then asked: offered immunity?” Spencer—Did you in your cross-examin statement until the morning after you arrival? An objection was sustained. | questions regarding what disposition } had made of the wagon spoke which b |.of the lynching, but the objection of th | sustained. Honor, that you should not let us as |t examingtion. spoke business. It has been gone’ over. statement. ‘“Was your statement made to Mr. Po: | before your uncle’s arrival at the hotel “Yes.” “Before your mother’s arrival “No.”* P statement?” “In General Post’s room.” “Who was present?” “General Post and Mr. Boyd.” ““Whose room did you first go into?” An objection was sustafned. Orders Witness Off the Stand. witness from the stand. Spencer—We want— prosecution, and you know it. ation. afterward reduced to writing? An_ opjection was sustained. Spepeer—Was the statement.you made You can’t see any private papers of the | down off the stand. Spencer protested and the court told | an application to present matters— him that he was not too old to ‘learn. Spencer then took up the crdss-examin- formation that the witness had taken sev- eral drinks during the stage ride and two after he left the stage. He got into the spring wagon witlf Myron, Ayres and Lamburth and wes taken to the hotel in a roundabout way. Morris, in answer to “How does it happen that this morning | Then %he discussion of the merits of the you said you had been promised immunity | two routes by the engineers, most by . the prosecution and that you would | whom side with Panama, is expected to | not make a statement until you had been | do damage to Nicaragua. these questions after they have had him |‘all night. We are going to show that his | that if the sale of the property of the testimony of January 7 is directly oppo- | Panama Canal Company is conclided site from 'what he testified to in his cross- e The court—We have gone over this mat- o had . . The court—You have hdd several rulings | ter many times. If you don't examine the official surveys made by a party of which witness on something else TH order the | 1o os o member and the statements he LEGISLATION 15 NOT LIKELY Thl5 SESSION Controversy Is Compli- cated by Report Fa- voring Panama. Opponents Will Rally to the Cry of “Nicaragua or Nothing.” First Great Fight Under Changed Conditions Due to the French Company’s Offer ‘Will Soon Commence. Special Dispatch to The Call 146 G STREET, N. W., WASHINGTON, Jan. 18.—Democratie Senators see In the isthmian canal situa- tion an opportunity to confound the Re- publican party and get an {issue. The supplemental report of the Isthmian Canal Commission, which went to the President late this afternoon, recom- mends the Panama canal as the best route td be owned and controlled by the United States. Deémocratic Senators see more clearly than Republicans, who are preparing to squabble over the advantages of the re- spective routes, that there is likely to be no canal legislation this session and are preparing to put all the responsibility on the majority in the Senate. They are looking to the defeated Nicaraguan canal project to furnish them with a campaign issue at the next Congressional elections. They are going to rally to the cry of “Nicaragua or nothing,” and if they can ever get the questicn on the floor of the Senate, will- line up almost solidly in favor of the Nicaragua route. Rear Admiral Wauker, chairman of the Isthmian Canal Commission, when he left the meeting room of the board to camy the final report to the White House, said: “All I can say about the report is that | it is likely to be a disappointment te the public generally.” This is taken to mean that whils the report may not be unanimous, it is suffi- clently strong in favor of Panama as to make the recommendation that the Pan- ama route be adopted instead of Nicar- agua. The first great fight over the canal under the changed conditions brought about by the Panama offer will come up in the Senate committee at an early day. Senator Morgan is expected to get a vote in committee without much delay, realiz- |ing that the longer he puts it off the | more remote the chances of Nicaragua became. He will not ask for a vote, how- ever, until the return of Senator Hanna, who went to Cleveland on business to- night to be gone for several days. Sen- ator Hanna has come to be regarded as the leader of the movement to have all routes carefully examined. As the com- mittee stands now it is still for Nicar- the questions of Spencer, told the jury | agua. How long it will remain so is & that he had not been promised immunity | matter of conlecture. by Myron, Ayres or Lamburth, or by Somers or Boyd, for the prosecution. The publication of the full Panama re- | port is expected to furnish the friends of that route with valuable ammunition. of No action has yet been taken by.the Senate looking to the printing of the - | maps which were prepared by the Isth- ation state that you had not made 2 | mian Canal Commission. The main body T | of the report has been printed, but when the Prifiting Committee came to get an estimate of the cost of printing the elab- Spencer then asked the witness several | orate maps, it was rather surprised to €| find that the cost would be $87,00. The ¢ | committee hesitated to recommend such had told the jury he carried on the night | 5 heavy expenditure and will leave the 2 | matter to the Senate. There are all told | prosecution’to this line of testimony Was | cighty-six of these maps, some of which run as high as fourteen sheets, and from Raker—It does not seem right, YOUT | an engineering standpoint are of great k | technical value. PARIS, Jan. 18.—It is explained here Juris-consults will be appointed to decide whether a ratification by a French tribu- nal is required or whether the vote of a The court—Mr. Raker, we will drop that | generai meeting of stockholders will suf- fice. In any case, however, it will be & Spencer then went back to Morris’ | matter of form. No obstacle is antiel pated on that score. ADVOCATES DARIEN ROUTE. INDIANAPOLIS, Jan. 18 —J. Clyde Power, Superintendent of Parks of this city, who, as a civil engineer with Lieu- t ~ “Where were you when you made that | tenant Peary, the explofer, made surveys for & world's isthmian canal, is an adve- cate of the so-called Darfen route and has plans which, he says, are to be laid before the President and the Government authoritles at Washington. Power fur- ther states that steps have been taken toward the organization of a gigantie stock company for the promotion of the profect under his direction. Power's ob- servations are in the form: of notes from makes are the result of Investigations which he personally has made. He de- The court, jumping up excitedly—Qet | clares that the rcute he proposes is the shortest, best'and cheapest of construc- tion and presents features possessed by Raker—We desire, your Honor, to make | " 5 H0 = o propused routes. The court—You will not. that by Deputy Sheriff Ratchford-— The court—You will not. Take yo By the route he advocates from deep | water of the Pacific to deep water of the Raker—We desire to prove that the wit- | Atlantlc Ocean the distance is only ness was under. guard by men pald by the Bnencex‘—wl! the statement you made | Attorney General's office. We will prove e Gitance br ule b s o twenty-nine miles, while trom high tide on the Pacific to high tide on the Atlantic r | Proposed route terminates on cach side in 800d_harbors—the harbor of Darien on . .Continued on Page Eighteen. - the Pacific side and the Gulf of Darien on the side of the Atlantic.