The San Francisco Call. Newspaper, May 7, 1902, Page 1

VOLUME XCI-NO. 15 8. STYLES SMITH A MONSTER Turner’s Criticism of Army Methods in PASSING BILLS BY PRESSURE President Works for | Administration Philippines. Senators Promise an Investigation of Massacre. Gen. Chaffee Sends Charges Made by Gardener. For fierce discussion of almost n raged in the Sen- severidge of In- rp strictures the opposition, be- isted in telling of the cause side ly one Rawlins warmly resented of unfairness. Rawlins the present Phil- were moved that nd love of country. hey sm ngton delivered a the methods prac- authorities in the g particularly upon the tary a monster in human form. WILL BE INVESTIGATED. which, on the autho ev H. Walker, told of tk on of 1000 Filipino prisoners by a of Americ troops because sufficient food for them. er told the story on the J. B. Walker, a pri- eenth Infantry he did not vouch for the at it ought but fe t he would investigate he it was ut- tion. setts briefly felt i defend- | the Philippine Commii- | at already it had furnished e informa n. ppine Committee met ti- Lodge presented a cable from ffee g the charges r Gardener rela- The charge troops had treatment of the na- D. Catlin ana women by sol- stated to the com- and e committee to- s of Philadelphia, | x H, Eighth seeing the water | native when the nformation; he ked down twice ferchant and with a stick He said the r work and erican soldier ified that treated, the | furnished very furnished the any REGRETTED BY CHAFFEE. tr s evening re- Wash- | ut orders killing t1 of the others to peaceful labors “CHAFFEE.” General Chaffee also cabled that he has rescinded the order for the establishment of Eefonbanis n camps in Laguna and the only provin nes where the system has These provinces lay on coast of Laguna de Bay and forty miles distant from Ma- CONFESSES THAT HE WAS | MISS GABEL’S ASSATLANT Young Negro Held by the San Jose Authorities Admits Brutal Crime. SAN JOSE, May the colored m discovered brutally a the street ¥ Sun to the Sheriff to- 6.—James Robinson, | who pretended to have Mary Gabel, who was lying unconscious on lay morning, confess- | night that he was her He said that he knocked her | ed assailant. down with a club and then dragged her | into an adjacent vard. He gives no ex- | planation of his motive. The girl is still | in a critical condition. Lava Pours Upon Factories. ST. THOMAS, D. W. I, May 6—The fiow of lava from the volcano of Mont | Pelee began Baturday last and completely | destroyed the Guerin factories, situated | al two miles from St. Pierre, Mar- tinique. It is reported that about 150 peo- ple have disappeared. A great panic pre- partisan motives had ac- | f General Smith, whom he | to the special dispatch | | there are Republican Senators Measures. Will Call an Extra { Session if It Is 1 Necessary | | | | { | Roosevelt Tells the! Leaders He's in Earnest. | Special Dispatch to The Call. CALL BUREAU, 1408 G STRETT, N. W., WASHINGTON, May 6.—If Congress fails to pass the Philippine civil govern- ment bill and the Cuban reciprocity meas- ure, President Roosevelt will call an ex- tra session of that body for the purpose of enacting this legislation. Roosevelt has notified the leaders of the Senate and the House of his determination, and they un- derstand that he is thoroughly in earnest. The present session will probably last till the middle of June, and if the Phil- | ippine and Cuban bills are not passed, Congress, therefore, will be compelled to reassemble later in the summer. CONVEYS THE NOTICE. The President, within the last twenty- four hours, red motice of his purpose to call a session to such men as Senator has c e ext Allison, Senator Hanna and other members of the steering com- | mittee of the upper house. tors are, of course, doing the best the can with the pending measures, but the positiveness of the President's position will doubtless forts. spur them to greater ef: Democratic Senators have expressed their determination to talk the Philippine bill to death, if possible, and the Repub- lican leaders, if they desire to avoid an | extra session, will have to stop this char- acter of filibustering. On the other hand, who are standing in the way of the Cuban reci- procity measure, and they, too, will have to be brought to a realization of the ne- These Sena- | | | i | | J ‘ | \ l cessity of the enactment of some legisla- | | tion for the bill for Cuba. WILL WORK HARDER. It is hoped that the necessity for an ex- tra session will be avoided, and most of the leaders in Congress will doubtless do their utmost to prevent it. By June the lawmakers for the most part will be ready to quit for the summer, for Wash- ington is not the most salubrious place in which to live during the hot months, and furthermore, most of the Representatives and Senators have political matters at | home which require their attention during the regular recess. Such men as Sena- tors Allison, Hanna and Aldrich will em- ploy every legitimate means to secure the enactment of Philippine and Cuban leg- islation during the present session. Meanwhile no one of the leaders has anything to say about the Nicaragua bill, which is a matter quite as important to the Republican party as any now pending in Congres! |FIVE MEN LOSE LIFE IN MOLTEN METAL FLOOD | Ore Boils Over and Converts a Pit Into a Pool of Fire. HARRISBURG, Pa., May 6.—Five mcn are dead and three seriously injured as the result of an accident last night at the open hearth steel department of the Penn- vivania Steel Works at Steelton. The disaster was caused by the bolling over of a ladle of hot slag at a furnace, its filery contents engulfing eight men in a pit, whence they were powerless to es- cape. The victims were all Austrian la- borers. The dead are: YAKO MOROVICH, entire body burned to a crisp. MIKE MUSA, burned. ALEXO ARAKEANOVICH, about legs and abdomen. JOCAIAH JUREVIC, burned over entire body except face and hips. U NOWN AUSTRIAN, rms, chest and legs. The injured are: Marto Persin, scvere burns on arms and feet; will probably re cover; Pavano Baryfatum, severe burns on face and arms; Maro Tashum, burns on face, arms and feet; will recover. almost entire body burnea burned on R GIVES THE BAY STATE THIS NEGRO TO REFORIM Facetious Governor of Arkansas Turns Loose a Criminal as an Experiment. LITTLE ROCK, Ark., May 6—Gover- nor Jefferson Davis to-day pardoned Andrew Thompson, a negro, on condition that Thompson go to Massachusetts with- in the next thirty days with the intention | of becoming a citizen of that State. | Thompson was convicted of assault with intent to kill, and sentenced years in the penitentiary. The Governor issued the pardon be- cause, he-says, he “has just returned from the North, arnd has heard many ex- pressions of sympathy by the citizens of Massachusetts for what they were pleas- ed to ezll the ‘poor, oppressed negro of the South, and. desires that they shall have an opportunity to reform a portion of the negro population of our State.” to three Harriman’s Yosemite Outing. YOSEMITE, May 6-E. H. Harriman, president of the Southern Pacific, and his party arrived here yesterday from Wa- wona, on horseback. To-day Mr. Harri- man opened the trail from Nevada Falls to Glacier Point. He will leave to-morrow morning on the limited stage for Wawona, vails at St. Pierre. where he expects to spend several days, | | admiral’'s DEATH CLAIMS SAMPSON PRICE FIVE CENTS. WHOSE CLOSING CAREER IS CLOUDED BY RANCOR Devoted Wif;' Remains at Bedside. ASHINGTON, May 6.— Rear Admiral William T. Sampson, retired, died at his home in this city at 5 o'clock this afternoon. The immediate cause of death was a severe cerebral hemorrhage. He had been in a semi-conscious state for several days. At the bedside when the admiral breathed his last were Mrs. Sampson, Mrs. Lieutenant Cluverius, the married daughter; Admiral Sampson's two young sons, Ralph and Harold Sampson; Dr. Dixon, the attend- ing physician, and nurses and attendants. Mrs. Sampson has broken down- under | the severe strain and was quite ill all during the day. But for the critical con- dition of the admiral she would have been confined to her bed. PLANS FOR FUNERAL. The arrangements for the funeral of Admiral Sampson will not be completed until morning. It has been suggested to Mrs. §ampson that the Naval Academy at Annapolis would be the proper place for the last resting place, while other friends have represented to her that he should be buried in Arlington Cemetery, near this city. Admiral Sampson resided in Annapolis elght years, during four of which he was superintendent of .the academy there. Mrs. Sampson prefers Annapolis, but the matter will not be definitely decided until to-morrow. The pallbearers have not yet been selected, but they will include among them somec of the captains of the ships of the fleet which engaged in the Santiago campaign, Mrs. Sampson suffered a slight accident four days ago while attending to the wants of the admiral and has been in bed since. She probably will not be able to attend the funeral services. MESSAGES OF CONDOLENCE. A number of telegrams and messages of condolence have been received already at the house, among them one from Sec- retary Moody. The death of Admiral Sampson occur- ring late in the day there has been no opportunity yet for any action-by the Navy Department for participating in the ! funeral services. Suitable representation will be made, however, Including a de- tachment of bluejackets and marines, ‘Washington is divided to-night between regret that a heroic figure has passed away and sympathy for the family. Secre- tary Moody sald: “I have learned of the death of Admiral Sampson with deep con- cern, which I am sure will be shared by every officer of the navy, bothon the active and retired lists. His name has been in- separably connected with the great events of our recent history. His life was too important and his services too conspicu- ous to be dealt with summarily as must needs be at this moment, and I can say no more than that in his death the navy L3 o NOTED NAVAL OFFICER WHO DIED YESTERDAY AT HIS WASHINGTON HOME. o ané- the country have suffered a great loss.” GREAT LOSS TO NAVY. Representative Foss, chairman of the House Committee on Naval Affairs, said: “Admiral Sampson’'s death is a great loss to the navy. No man had a more thor- ough comprehension of the navy in its minutest detail or as a great whole than he. * His work in the Spanish war is a matter of history, and will be more ap- preciated as it is better understood and known, and his fame will grow brighter in coming years.” Senator Hale, chairman of the Senate Naval Committee, said: ‘“Admiral Samp- son was one of the silent heroes of the late war. He was brave and patient and equal to every occasion, but he fell into the current of hostile criticism, and I have no doubt that the rancor which put- sued him shortened his life. It is a sad, pathetic story, but time will get him even.” Rear Admiral W. S. Schley arrived in ‘Washington to-night. “l do not care to discuss Rear Admiral Sampson’s death to-night,” he said. “I may have some- thing to say to-morrow. I have just re- turned from an exhausting trip, and I cannot talk now.” TUEL PRAISES THE ADMIRAL. Tondon Times Says Sampson Did Much for Our Navy. LONDON, May 7.—The Times devotes a longer obituary notice to Admiral Samp- son than it does to Bret Harte. It de- scribes the admiral as one of the best seamen the American navy ever possessed and says his personal energy entered more largely than that of any other of- ficer in the construction, the armament, the organization and the fighting qualities of the fleet that defeated the Spaniards. — CAREER OF SAMPSON. Command of the Cuban Fleet Follows Long Service in Navy. William ~Thomas Sampson was born at \Rear Admiral L eaves Good Record. Palmyra, Wayne County, New York, Febru- ary 0. 1840, of Scotch-Irish stock. He was appointed to the Naval Acadcmy by Congress- man Morgan of Aurora, N. Y., and entered September 24, 1840, on a few days' notice. He graduated at the head of his class in 1861, and the Civil War being then on, en- tered at once on actlve service with the “Potomac Flotilla.”" He was soon promoted to master and assigned to the frigate Po- tomac as wateh and division officer. 16, 1862, he was made leutenant and trans- ferred to the Water Witch as executive offi- cer, and with her saw service in all parts of the Gulf of Mexico. In 1862-63 he served on the practice ship John Adams, and in 1864 as instructor at the Naval Academy. Later in that year he became executive officer of the fronclad Patapsco, and when that vessel was destroyed by a torpedo off Charleston harbor, July 15, 1865, he was in command of her. He was blown into’ the water. but rescued by a picket boat. For his conduct in this, affair he was specially mentioned in the report of the commanding officer. He was next assigned to the steam frigate Colorado, then flagship of the European squad- ron, and commissioned as lieutenant com- mander July 25, 1866. He returned to the TUnited States in 1867, and was ordered to the o o Naval Academyv as instructor in natural philosophy, and In 1869 wes made head of that department. In January, 1871, he was ordered to the Congress as executive officer, ond on that ship, under Captain H. K. Dav- enport, was sent to Greenland on special service. In August supplies were landed at Godhavn for the Polaris of Captain Hall's exploring expedition, and the Congress re- turred and joined the European squadron. Sampson = was commissioned commander August 9, 1874, and the following year put in command of the Alert, a third-rater. In 1876 he was again at the Naval Acadcmy, where he stayed until 1875 at the head of the department of physics and chemistry. In 1878 ke was detafled to head a party which went } with Professor Newcomb to Wyoming to ob- serve the total eclipse of the sun, which took place July 29 of that year. From 1879 to 1882 he Was in command of ihe Swetara on the Asiatic station. From 1882 to 1885 he was assistant superintendent of the United States Naval Observatory at Washington, being also a member of the In- ternational Prime Meridian and Time Con fererce held in that city in 1884. In 1885- 1886 he was on torpedo duty and a member of the board of fortifications and defeases. From 1886 to 1900 he was suverintendent of the United States Naval Academy, and also acted as a delegate to the Internationai Mar- itime Conference held in Washington in 1889, | In 1889 he was promoted to a captal for threc vears following was In command of the San Francisco, on the Pacific station. He left that service January, 1893, to take Continued on l’lglv Two. 1 1 | | | | | of the 1 BRINGS IN NAME OF FAIR Lawyer Springs Sen- sation in Harvey- Silva Suit. Hints at $40,000 Pay- ment to Witness in Will Case. Says One-Halfof Sum Is Still Due His Client. Special Dispatch to The Call. SAN RAFAEL, May 6.—During the trial | to-day of the suit brought by Joseph Har- vey against Adolph Silva, which has been occupying the attention of Judge Angel- lotti in the Superior Court for several days, sensational accusations were made by the defendant’s attorney. While Har- vey was on the witness stand he was ac- cused by innuendo of having received $10,- 000 from the Fair estate, with which to pay Silva and others for services rendered during Mrs. Nettie R. Craven's contest late Senator Fair's will. amount was paid; Silva's attorneys inti- mated, in four certified checks of $10,000 each, drawn upon the Crocker-Woolworth National Bank of San Francisco, and was given to Joseph Harvey in April, 1900. The accusatipns were made during the cross | examination of Harvey. Attorney O. H. Meldon, who represents Silva, after as- certaining that the witness knew Herman Oelrichs and Charles Fair, asked this question: “Is it not a fact, Mr. Harvey, that in | April, 1900, you received from George A. Knight the sum of $40,000 to be paid to | Adolph Silva and others for services ren- | dered in the Craven contest of Fair's wil?” “I did not.” “Is it not a fact that on or about April 20, 1900, you received four checks of $10,000 | each, certified to by the Crocker-Wool- | worth National Bank, to be given to Adolph Silva and others for services ren- dered in the Fair case?” *I did not receive a quarter of a dollar from the Fairs or any one else to be paid to- Silva_or esi PAID SILVA NO MONEY. “Did you not pay to Adolph Silva the sum of $20,0007" “I did not.” “Is it not a fact that on April 26 you rented a safe deposit box for Silva, in which he w him for services in the Fair case?” *“No, I did not. The whole story is ab- solutely false and preposterous.” “Is it not a fact that in February, 1991, | Silva asked you for $4000 on account of money due him for services in the Fair case and that you told him that you had just paid out $I7.000 to State Senators ta | protect poolselling in this State?” “I did rot.”” “Is it not a fact that in October, 1901, you received a letter from Adolph Silva, claiming money due him from the Fairs and demanding the same?” “I did not.” “Is it not a fact that in 'March, 1900, you and Silva went to Meiggs wharf to wait for a steamer for the purpose of in- tercepting gertain witnesses for Mrs. Craven?” An objection to this question was sus- tained. NATURE OF THE LITIGATION. Joseph Harvey is suing Adolph Silva for July | 3 one-half interest in the Sausalito Elec- tric Light Company. He alleges that he gave Silva $4000 with which to purchase that interest for him, but that Silva bought the property in his own name and | refused to assign the deed. Silva has in- stituted a counter suit, alleging that $4000 was paid to him by Harvey, but that the sum was in part payment of $20,000 due | him from Harvey. He prays for judgment for the balance of $16,000. Other witnesses called to-day were Thomas Frost, owner of the other one- half interest in the electric light com- pany; G. W. Ebner of the Crocker-Wool- worth Bank, John Farley of the Peerless saloon in San Francisco and Frank Da- rcux, a bookmaker at Sausalito. FROST SUPPORTS HARVEY. Frost's testimony supported Harvey's contention. He said that he wished to become sole owner of the electric system, and tried to get the money wherewith to purchase the outstanding half-interest. Silva told him that he (Silva) could get the money from Harvey. Silva saw Har- vey and later told Frost that Harvey agreed to let him have any sum up to $5000. Silya said he would bid in the elec- tric light interest in Harvey's name and Frost could repay Harvey. Silva in real- ity bid in the property in his own name and still retains it. Ebner, Farley and Daroux gave testi- mony to prove that the $4000 was given to Silva by Harvey, the former telling of its having been certified to by the Crocker- ‘Woolworth Bank, and the other two men having seen Harvey give the check to Silva in Farley’s saloon. (M B ASK COURT TO EXCLUDE HER. Lawyers for the Fair Heirs Want Mrs. Craven Suppressed. When the hearing of the arguments in the matter of the final destribution of the Fair estate was called in Judge Troutt's court yesterday morning Attor- ney Wheeler arose and let loose a flow of oratory and reasoning that lasted for sev- eral hours: He left a well-defined impres- sion that the Fair children and their law- yers were tired of the litigation that has been kept up by Mrs. Craven, even after This | f | apy one in the Craven com- s to place the $20,000 paid tuj‘ QUEEN’S LIFE IN BALANCE Wilhelmina Is Still in a Critical Condition. No Cessation of the Anxiety Since Saturday. Physicians Conceal True State of Patient. THE HAGUE, May 7.—Advices received | here from Castle Loo, dated 1 o’clock this | moraing, declare that Queen Wilhelmina's | eondition again excites grave anxiety. | Another consultation of the Queen's doe- | tors was held at 11 o'clock last night. The | result of this consultation is not known. Extreme secrecy is maintained as to the contents of the telegrams dispatched from Loo Palace. This and other measures are | believed to indicate that the condition of | her Majesty is much graver than appears | from the regular bulletins. It is said that | the Queen is so weak that she has been unable to take any nourishment since last Saturday. PREMIER KEPT POSTED. Dr. Roessingh never leaves her Maj- jesty’s bedside, except for a brief and much-needed rest, when he is always re- placed by Dr. Pot. After the consultation held last night Professor Rosenstein was summoned to the palace. He was com- sulted before the operation of last Sunday. A special Government wire has been established between Loo Palace and The Hague, and Dr. Kuper, the Dutch Pre~ | mier, is informed every half hour of the progress of the royal patient. The Queen mother and the Prince Con- sort remain constantly at her Majesty's bedside. Dr. Roessingh very carefully dictates whatever news concerning Queen Wilhelmina's condition is issued from the palace, and he declines to say anything | further concerning his patient. | | STILL GRAVE DANGER. It is understood that although the offi- cial bulletins represent the Queen's tem- perature as normal, it invariably rises toward midnight, and that never for a moment since last Saturday has there been a cesvation of anxiety. The weather at Loo Palace continues very cold. LONDON, May 7.—The Brussels corre- spondent of the Daily Telegraph says the Netherlands legation at Brussels has re- ceived a dispatch to the effect that the physicians still fear peritonitis and blood poisoning in the case of Queen Wilhel- mina. | @il @ | the court has declared that she was not the wife of the late James G. Fair. After Mr. Wheeler Garret McEnerney appeared on the scene as the attorney for the execcutors of the Fair estate, and in a very able and forcefulNargument in fa- vor of a final distribution and the setting | aside of Mrs. Craven as an obstacle to | the settling up of the case, he, too, gave vent to arguments and expressions which plainly denoted that his clients were tired of their jobs and desired to hand over the estate to those to whom it rightfully be- longed. Mrs. Craven's attorneys, Messrs. Ma- guire amd Pence, are fighting hard to have the proceedings attending the final distribution of the Fair milllons post~ poned, giving as a reason the fact that they intend to bring suit against the { heirs over the property to which Mrs. Craven holds deeds, which have been al- ready declared by the court to be for- geries. During the course of Mr. Wheeler's ar- gument he waxed fervid and handled the subject of “litigation that clogs the wheels of justice” without gloves. Ha said: A dozen new trials or a hundred or a thou- sand or a million to determine the status and interest of a litigant is not contemplated by any scheme of the law. The Legislature did not contemplate that a litigant should be al- lowed to come Into court at every stage of a probate proceeding and ask the court to go inte matters again and again and again and make new conclusions of facts when it has already declared its findings. This court has distinetly declared that Nettie R. Craven is not the widow and never was the wife of James G. Fair, deceased, and it is the duty of the court to now make an order declarfux her an In- truder—to exclude her from further participa- tion in the case and refuse 'to hear her any further, on any matters attendant upon the | settlement of this case. The policy of the law as I take it is not to hinder the administration of estates. It would be a premium on blackmalil if persons could come Into court and attempt to have the same thing tried over and over agaim and thereby tie up estates running into millions. To say that this court has not during the trial of this case, which has taken up a period of eleven months, taken judiciaj cognizance or knowledge and so declared thht Nettie R. Craven s not the wife of James G. Fair is nonsensical. If she is to be recognized here in this proceeding, then I say that our probate law is In an anomalous 'and chaotic condition. One time is sufficient to determine the status and interest of a litigant and that should set- tle it for all time. If it is not, new trial will follow mew trial and the claimant can come into court and block the progress of the final settlement of an estate as often as she pleases, McEnerney then bored into the kernel of the situation with his weight of legal lore. He pointed out that as far as the executors of the Fair estate were con- cerned it didn't make any difference to them who got the estate. He further showed that even if the Supreme Court were to declare that Mrs. Craven was entitled to a share, she would be none the loser for having lost her fight to block the final distribution. The hearing will go on again at 2 o'clock this afternoon.