The San Francisco Call. Newspaper, February 28, 1902, Page 3

THE SAN B:RANCISCO CALL, FRIDAY, FEBRUARY 28, 1902 'BROWN NOT GUILTY OF LYNCHING, SAYS THE JURY IN MODOC COUNTY Man Accused of Leading the Lookout Mob Is Acquitted, but Now Awaits Trial on a Second Charge of Midnight Murder. L e ¥ James W has been acquitted urder of Martin Wil ld lad who, with Jim Hall. Frank i death at the g of May dered this morning less than five hours’ of Brown having at 11 o’¢lock the anxious g | an to wend e. Judge > OOt MODOC COUNTY MAN WHO WAS TRIED AT ALTURAS ON A CHARGE his accustomed OF LYNCHING A BOY AND WHO WAS ACQUITTED AFTER A SEN- pending the ar- SATIONAL LEGAL PROCEEDING. the defense, the — - + | ADVERTISEMENTS. BRAIN FOOD Is of Little Benefit Unless It Is Digested. that as a nation little of vege- office men and clerks, and sedentary or in- ik and vegetables e outdoor man- ¥ meat diet and meat once & day is su?- m women and chii- vegefables should eaten nutritious foods are it is of Do usest. kers to eat largely of grain: the digestion is too weak e best results from ® e and harmless diges- ter meals to assist the | and several years Stuart's Dyspepsia pleasant and cf- edy which may be results. ets can bardly be particular orran, They supply ‘what 7 e | { ¥ practice of taking = Dyspepsia Tablets after have perfect digestion, sorming an. injurious contain absolutely noth- ligestives; cocaine, morphine ave no place in & stomach Dyspepsia Tablets are own and most popular of t for a 50-cent package of three-score people who gathered in the courtroom spent their time studying the faces of the jurors with a view of ob- taining from ‘the expressions of their countenances an inkling-of what the ver- dict was. When Defendant Brown, ac- companied by his brave little wife and sweet-faced girl, and Mrs. Robert Leven- ton, wife of one of the accused, and Brown’s sister, entered the courtroom’ all eyes were riveted upon the party. The care-worn face of Mrs. Brown, on which was so plainly depicted the ordeal through which she had passed during the closing argument, looked brighter, and the little daughter ‘'wore a smile of expectancy. rs. Leventon was crying. | Reading of the Verdict. When the court asked “Gentlemen, have you arrived at a verdict,” Harry Wilder, | who had been selested as foreman by his | fellow jurors, advanced to the bench and handed to the court the slip of paper | which meant so much for Brown. Juage Harrington - examined the document and handed it to Clerk Smith, instructing him to file it with the records of the court, and | to enter the verdict upon the minutes. This done, Smith read the verdict, and | when he came to that part which declared | Brown “not guilty” a huzza went up in the courtroom. I Brown half-smiled, as did his wife, and | Mrs. Leventon could not repress her tears, but it was evident that she was | erylug from joy. John E. Raker did his t 10 look unconcerned, but his inner- ed ana his face gradually broke into nile In dismissing the jury, Judge' Harring- ton thanked tnem for their attention to | the case. Brown was committed to the care of the Sheriff to await trial for the murder of Calvin Hall. After the ad- journment the defense and their friends made merry for a short time. Brown per- | sonally thanked the jury for, the verdict ana tnere was general handshaking all | around. In spite of the early hour the news that the jury had brought in a verdict spreaa dfire. Doors were opened ana s were raised by peopie clad in their night robes, desirous of hearing the verdict. | Reason for the Delay. Two ballots were taken before the jury | agreed to acquit Brown. On the first and another put in a blank vote. On the second ballot the jury agreed to_acquit Brown of the murder of Martin Wilson. The jury is said to have come to a col clusion before midnight, but held off un | til after midnight so that an extra day pay would be forthcoming. It was mu- tually agreed to have the Courthouse bell tolled about 2:40 o’'clock. One of the jurors expressed himself as having voted to acquit Brown ‘‘because he Gid not believe in Modoc County being j run by people from down below,” which is only another way of saying the people of Modoc County do not approve of the Attorney General's representative pros. ecuting criminals of Modoc County. An other Turor voted to acquit Brown on ac- count of certain contradictions of the psia Tablets, and after a weex's te the improvement in health, -appetite and nervoue energy. essions of Hutton and Morris, and fito_l‘;l‘ another of the “twelve good men and true” voted to acquit Brown because of ballot one juror held out for conviction | the presence here of armed guards ai nd detectives in the pay of the prosecution. John E. Raker, one of the counsel for the defense, made the following statement regarding the outcome of the trial: The verdict is satisfactory and from ex- pressions we have heard to-day we feel con. vinced it meets with the approval of the resi- dents of Modoc County. One fact has been demonstrated, that Modoc County Jurors are not to be intimidated Into a verdict by im- ported gun fighters and detectives and without evidence. It takes evidence and a fair trial to get a verdict at their hands. The trial has vlleen outragcously unfair in every particular. Taking a truthful record of the trial, including the language from the bench to the counsel for the defense, the conduct of the counsel for the prosecution and the treatment of the counsel for the defense by the court, it has been one of the most remarkable and disgraceful trials in the civilized world. Ihe evidence on the part of the prosecution hak been a monstrous fafl- ure all the way through, View of General Post. Assistant Agtorney General Post hol a somewhat different view. from that éfif tertained by Raker.- General Post sald: ““The evidence for the prosecution estab: lished beyond all reasonable doubt the guilt of the defendant, James W. Brown. The State authorities did, their whole duty in the premises and the absolute miscar-, riage of justice in the case lies with the people of Modoc County.” This trial, which has been one of the most remarkable ‘criminal cases ever brosecuteq i this country, will cost Modoc County over $16,. 000. AVitnésses without number have been subpenaed by both sides, though those called by the defénse far outnumbered those, called by General Post. The defense placed fifty-four witnesses on the stand, against twenty-nine sworn by the prosecution. ~Witness fees and expenses will cost the county more than $9000, and other costs have so dined the funds of the county that it was found necessary to is- sue script redeemable next- November, and drawing 5 per cent interest, to liquidate the county’s indebtedness, Ellsworth G. §. Cammon has furnished the following report on the condition of the general fund -of the County of Modoc, State of Cali- fornia, for the fiscal year ending June 30, 1902: Actual receipts to date, $14,266 60. ' Total disbursements to date. $14,001 53, Actual cash balance on hand,-$265 13. Estimated revenue for the balance of the year. $4588 62. Total amount for the dalance of the year, §4853 75, Total amount of warrants at this date drawn and unpaid for want of funds, $7268 42, Amount of claims over and above estimated revenue for the year, $2414 67. The expenses of the case of the people vs. Brown, which is all to be drawn on and paid out of the afore- said general fund, are as follows: Jurors’ fees and mileage, $2503 60; expenses of witnesses, $8980 82; reporters’ fees, $751 50; miscellanéous board of the jury. $735; ex- penses, $395 95. Estimated expense of. closing the case: Fees of the jury, $1440; reporters’ fees, $500; board of the jury, $350: witnesses’ fees and miscellanecus expenses, $275. Total, $2565. Total and estimated amount of ex- penses of the case. $16,940 37. When it is taken into consideration that there are nineteen men imprisoned here accused of being accomplices in the lynching, and each of these men charged with five murders, the anxiety of some of the business men how to offset the criminal drain on the resources ‘of the county to bear the expenses of the trial, is -well: founded. It has been stated that the Supervisors have no authority to issue script upon the funds of subsequent years, and it has been said that the county will repudiate the script when the time comes for its redemption. Judge E. M. Cherry, a magistrgte, this ) STORM LIFTS SHASTA'S BARNG An Immense Amount of Damage Reported by Farmers. Sacramento River Oontinueé to Terrify People on Its Banks. Special Dispatch to The Call.: REDDING, Feb. 27.—From the hills and the lowland ranches come stories which confirm the reports of the widespread | dgamage caused by the storm. There is hardly a farmer who did not suffer from the leveling of his board fencés to the carrying away of his barn. The heaviest sufferers are the stock- owners, the fruit men and the miners. The loss of cattle in the Bald hills is greater than was suspected. Hundreds of cattle there were in a wretched condition from the siege of rain and all the weaker animals perished in the terrific drenching blow. Possibly the almond crop may be reduced by half by the whisking oif of every blossom. Early peaches suffer less. Some of the mines of Trinity County suffer greatly. The Sweepstake and La Grange, already set back three weeks by a landslide which carried away their ca- nals, are further crippled. A heavy snow yesterday followed by rain.drove the re- pair crews to shelter. The fresh damage to the waterways amounts to thousands of dollars. The famous Brown. Bear gold mine at Deadwood -had its tunnels flooded for the | first time. The creek which brings the water supply for the first time became an uncontrollable river. Seventy-five men { were driven. out of the workings in a hurry. Trinity roads are severely damaged. No news has yet arrived from the Coffee Creek section. - The Iron Mountaln Rail- | road, which bfings ore to the Keswick | smelters, is idle.. Blockades -and slides will require much attention before the re- sumption of trains. Trains are getting over the Shasta route on time by keeping | many crews of men watching for and re- moving landslides:down the canyon walls. The Keswick wagon road may be open again to-morrow for the first time since | S Yacramento River is falling and no | further damage is apprehended at St. John. Stony Creek, which overflowed in | Glenn County, is subsiding. Sheriff Beh- rens came up this morning from Marys- | Ville and says reports of damage there | are being withheld, He saw a cemetery | under water and discernible only by the | protruding tops of tombstones. Scores of men with lights pace the levees all night. John Jackson ventured out in a boat at Marysville, was upset and barely rescued. Charles Hogle, a lineman, fell from a ca- ble crossing the river at Anderson and, | unable to swim in his oil clothing, was swept along, He 'was prevented from sinking by the current and rescued by a boatman a mile below. SACRAMENTO, Feb. 27.—Late this aft- | ernoon word was received at the office of | the division superintendent that the Sac- ramento River at Knights Landing meas- ured 19 feet and was rising at the rate of one inch per hour. At 3 o'clock the river was 10 inches above the high water mark at that point. There are several large breaks in the levee below the town of Knights Landing. The railroad company sent a large force of men to the scene of the high water to fill the levee breaks | with sacks of earth. | _There is also a bad break in the Feather | River levee at Chandler, ten miles east | of Knights Landing. The water is within four inches of the base of the rails of the Southern Pacific track. Fear is expressed | that the force of men put to work may | 1nolt be able to hold the track at that | point. | | BAKERSFIELD, Feb. 71—A falso ru- mor was given some attention in this city | | this evening to the effect that the Kern | River had raised above the danger mark and that Bakersfleld was threatened with a flood. Regorts at 8:30 o’clock this even- ing from the Kérn County Power and Development Company’s station state that the river this year has filled but two and one-half feet above the low water mark. The danger mark is six feet above the | low water mark. The river has now fallen | fifteen inches and is still falling. SALINAS, Feb. 27.—The rainfall for | the storm in this city up to 7 o'clock last night was 3.75_inches, making 4.78 inches { thus far for February. This morning it commenced raining again about 6 o'clock. SAN BERNARDINO, Feb. 27.—Rain commenced falling here at 3 o'clock this afternoon and the downpour has been steady ever since. The total for the storm is 2.65 inches, making the total for the season 6.25 inches. SANTA BARBARA, Feb. 21.—The end of the storm in this county is not In | sight. Early this morning rain began to fall, and by evening half an inch was re- ported. The wind holds in the rainy sec- tion and a bountiful downpour is expect- ed. Similar conditions exist throughout the county. full half inch has fallen | during ¢he ‘day. Trains are delayed as a | result of the storm. Rough weather con- | tinues at sea. Thirty feet more of the | ocean boulevard was washed away early this morning. The crop situation could not be improved upon and a large yleld | 1s_sure to foHow. LOS ANGELES, Feb. 21.—A drizzling rain began falling here at 3 o'clock = this afternoon and continued until 7 o’clock to-night. Indications are favorable for a continuance of the rain to-night. There is no wind blowing and the temperature ls rather high. SAN DIEGO, Feb. 27.—A llght rain be- gan falling soon after 6 o'clock this evening and has continued at intervals | since that tim PRESIDENT IGNORES A WASHINGTON SENATOR Desires of Foster in Matter of Politi- cal Patronage Are Not Con- sidered. TACOMA, Wash,, Feb. 27.—Another TUnited States Senator was ‘‘turned down" hard to-day in the matter of political pat- ronage when President Roosevelt rointed Clarence Ide, now United States Marshal for Washington, to be collector of customs for Puget Sound. The Sen- ator whose recommendation is thus put aslde is Foster of Washington. He has strenuously opposed Ide even despite the earnest recommendation of the Depart- nient of Justice that he be retained in the Government service on account of his unimpeachable record during the last five vears. Jde is a personal friend and former po- litical manager of John L. Wilson of Spokane, whom Senator Foster succeed- ed in the Senate. Wilson and his friends wanted Ide to succeed himself and used their utmost endeavors. backed by the Department of Justice, to that end. The appointment means that the bitter fight between Wilson and Foster over the elec- tion of Foster's successor two years bence will be continued. Rocks in Suicide’s Pocket. FRESNO, Feb. 21.—The body of an un- krnown man was found floating in the San Joaquin River near the Santa Fe bridge ten miles from this city yesterday morning by Robert M. Jones, a farm hand. The man had apparently been dead about a week. About his neck was twisted a pair of suspenders to which was fastened a large rock. The man's clothes were also stuffed with rocks, evi- dently to sink the body. There is no clew to his identity. The body is that of a large man, about 36 years of age. The supposition is that he committed suicide. L e e ) evening issued warrants for the arrest of Claude Morris and John Hutton for per- jury in connection with their testimony in the Lookout lynching case. The com- plaints were sworn to by Sam Park, Judge Harrington of the Superior Court of Modoc County was apprised of Judge Cherry's action and informed that official that if he did not cancel the warrants he would be punished for contempt of court, as Hutton and Morris areswitnesses for the State, and under the protection of the Attorney General's office and the Superior ONDON, Feb. 21.—Colonial Secre- tary- Chamberlain made an inter- esting statement in the House of Commons to-day to the effect that the proclamation providing for the banishment of the Boer leaders did not preclude Lord Kitchener or Lord Milner from accepting the surrender of | Beer leaders on modifled conditions. Lord Kitghener on his own authority had al- ready accepted the surrender of some of the minor leaders on the understanding that the provisions of the banishment proclamation would not be égforced. PLAUDITS GREET HEROES OF NAVY Admiral Schley and Cap- tain Hobson Visit Big Exposition. CHARLESTON, 8. C., Feb. 21.—This was a great day for the Daughters of the American Revolution ‘at the Exposition. Overwhelming plaudits greeted Admiral Schley and Captain Hobson, the chief speakers at the Auditorium. Both naval heroes are the speclal guests of the D. A. R, The services at the Auditorium were long and inspiring, the main features be- ing the address of Mrs, Charles W. Fair- Lanks, president general of the organiza- tion, on “Inspiration of the Revolution- ary Memories,” and the speeches of Ad- miral Schley and, of Captain Hobson. The applavse knew no bounds when the hero of Santiago rose to speak. His address was a brief ‘but graceful tribute to the| Proclamation Providing for | dead and six wounded on the fleld. They L e R The attack made by the Boers to rush he dutpost line near Bothasberg, Trans- vaal Colony, during the night of Febru- ary 23, reported in General Kitchener's dispatch yesterday, was most determined. The Boers were led by two well known | fighters—Ross-Hands and Mannie Botha. | When the Boers realized that their at- | tempt to actually break through the wire fences was frustrated, they crouched be- side the cattle killed by the British fire and with which the ground was thickly strewn and from that defense poured a | beavy' fire. on the British troops. The | fusillade was returned and finally the | Boers were driven back, leaving fifteen D. A. R. and those “sweet grandmothers and’ mothers who lived in the times of plainer living and higher thinking.” Historic Charleston and its exposition were warmly praised. Captain Hobson's theme was “The Ever Victorious Navy,” and the applause of | the listening thousands was as prolonged as that which greeted Admiral Schley. This was especlally so when he referred to the Admiral’s service at Santiago as “but the crowning incident in his splen- did career in the American navy.” Mackinaw May Be Damaged. VICTORIA, B. C., Feb. 27.—Steamers ar- riving here this evening from the Cape report that the steamer reported by the | lighthouse keeper at Carmanah this morn- | ing as being damaged was not the collier | Victoria, as reported, but looked like the collier Mackinaw, with coal from Seattle for San Francisco. She was close on the American side and appeared to have a | decided list, but she was too far off for | the officers of the passing steamers to say | whether ghe had been damaged. | New Plan for Raisin-Growers. FRESNO, Feb. 2%.—The committee of fifteen appotnted to draw up a new con- tract for the California Ralsin Growers’ | Association completed its labors last even- ing and adjourned. | The contract is thought to be considera- | ble of an improvement over the old one. | It is drawn under the co-operative law of California. It is for a period of three | years and provides a 20 per cent forfeiture, instead of 5 per cent. | Ing up the transfer papers. LORD KITCHENER MAY MAKE TERMS WITH THE BOERS WHO SURRENDER Their Banishment From the Country Does Not Preclude Him Modifying the Conditions. ft also 160 dead or wounded horses and e entire herd of 600 head of cattle. BERLIN, Feb. 27.—Petitions were pre- sented to the Reichstag to-day suggesting that the House take action for the fur- therance of peace negotiations in South Africa. They were referred to the Im- perial Chancellor, Count von Bulow. Several members of the Reichstag in- dulged in unlimited vituperation of Great Britain,” asserting that the only possible explanation of the refusal to admit Ger- man Red Cross nurses and ambulances to South Afrifea was that the British were ashamed to_allow the world to have a glimpse of the scandalous conditions pre- vailing there. ittt bk @ Y3 THE DEAL - WILL BE MADE Attorney Atterbury Tells of Street Railway Transfer. Attorney C. L. Atterbury of New York was very busy all yesterday drawing up the papers. for the transfer of the Mar- ket-street Railway stock to the Baltimore syndicate. In an interview he sald: “Yes, | I am here for the sole purpose of draw- I am unable to discuss the deal at the present time and I would respectfully ask you to see Attorney General Tirey L. Ford. He is able to answer all questions. I can teil you, however, that the deal will be made on March 28 without doubt.” NEW YORK. Feb. 27.—Rear Admiral B, J. Cromwell, U. §. N red). recently in com- mand of the Mediterranean squadron, reached this city to-day on board the steamer Lahn from Naples. | Our °6.65|A 3 suit salelsale:boys| ends at Il o’clock|special values in to-morrow night|boys’ suitswr3 days =hour| ap- | urt of Modoc County. Judge Che; Cmo led the warrants. & i Magic. 3 The way Salva-ceg cures Plles, Fput i i o f | fit We arg offering three-hour specials in }j boys’ clothes for three days. Between the hours of 8 and 11 o’clock each morn~ i ing—to-day, Saturday and Monday—we shall give immense valués ‘in boys’ sailor and vestee suits. ! Remember the sale prices are good only during the above-named hours.on the three days. Our reasons for the sale are simply this: We are too busy in the afternoons, and we want to have more of the cus- tomers come in the mornings. This method will surely do it. Sailor 4 Suits The sailor suitsrare nobby mixtures in neat, pleasing pat- terns; the ages are from 3 to 10 years; | for the three hours on the three days ‘the price will be These suits are still sellin we could interest people a with the values, but the suits are going so fast that Saturday is sure to find us As we have told almost cleaned out. you before, the suits are broken in sizes, yet all sizes are repre- sented in the suits as a whole; the pat- terns are pleasing, and if you can find your size in a pattern you like, you can get a $12.50 suit for *0.05 Remember the sale closes at 11 o'clock to-morrow (Saturday) night. When you wish to order clothes by mail write for our self=-measuring blank—it assures a good fit. g well, and month yet Suits The vestee suits are striped worsteds in desirable patterns; double-breasted vests; ages 3 to 6 years; for the three hours on the three days the price will m95c a suit somewhat Out-of-townorders Y ; 3 filled—write us for ° o anything in men’s SNWOOD (D555 £ B furnishings or hats. I 718 Market Street