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

THE SAN FRANCISCO CALL, SATURDAY, JUNE 28, 1902 OVERNOR HENRY T. GAGE DODGES AN IMMEDIATE Chief Executive of the State Ignores Trial Before a Court of Competent Jurisdiction | and Blocks the Presentation of Facts Warden M. G. Aguirre Accepts the Service of a Subpena as Witness and Then| Treats Tribunal With Silent Contempt| OVERNOR HENRY T. GAGE and Warden -M. G. Aguirre djemonstrated yesterday beyond the possibility of question that ate nor a complete judicial investi- this paper has preferred against the an Quentin prison. In the proceeding insti- in this city against the proprietor and the man- Governor Gage and Warden Aguirre have proved that they 1st the judicial presentation of the truth matter in > clared his personal nor is at stake. The trial of the manager of this paper upon a charge of having y morning in Judge he feels the wounds of a sracter, nor Warden Aguirre, who has been accused of grave of- was present or represented.b; 1 i f co they neither an imme: a jurisdictio It is a tribunal prosecute his plea and where edly t er its nt those 1 constitute the justification of st which Governor Gage complains. The time yester- s The proprietor and the manager of this paper - were Te u their act or be punished for an injustice. They were ready oo sten the presentation of facts, with due decorum -and in < d e t a court of justice ¢ prog and the manager of The Call were ready yesterday to ge the justice he demands. But Governor Gage, properly ised, ignored the court. He had pleaded that he wanted no humiliated in the house of his brethren. and But when the opportunity for that satisfac- and refused to accept what will be the inevitable pre- His friend and official creature, Warden Aguirre, did accepted the service of a subpena to attend the proceeding as a i then contemptuously remained away. i v, which offered to Governor Gage under the protec- ate the satisfaction he seeks, was necessarily delayed. s wh I leave the Governor's character as it was The Call or give to the revelations of this paper the nction was clogged e was called by Judge Fritz tke prosecution was represented ct Attorney Hanley, who appeared to be suffering in a , and by Louis P. Boardman. The defense, represented by Campbell, W. H. L. Barnes and E. F. Preston, indicated its The defendants were instructed as to their rights, and Wil- 1, business manager of The Call, was placed upon the witness fy them. This having been done, the alleged libelous publi- s read and the prosecution called for Martin G. Aguirre, Warden rison d been properly oceed subpenaed. service had been made, but he was not he court asked Attorney Boardman if he wished an attachment is- nant declared that he did not wish to be harsh and measure until the next session of the trial. ation, nothing further could be z continued the case until Tuesday morning at 10 o'clock, t declared, he wi!l be pleased to hear argument bearing upon of jurisdiction. Attorney Campbell, for the defense, announced v to proceed with the argument at once, but Judge Fritz de- ould s his convenience better to postpone the discussion un- Governor Gage had succeeded in temporarily throttling an in- as been so loudly clamoring. he proprictor and the manager of The Call were sur- men in the San Pedro proceeding and were placed y of the Chief of Polic A writ of habeas corpu rom Judge Murasky on the grot ge F was at once ind that the San Pedro prosecu- since the offended party, being the Governor of the State, re- n, Sacramento County. The trial consequently should be held Francisco County. This writ is returnable on Monday before ge Fritz also decided yesterday that he has no jurisdiction case. COURT LISTENS TO EVIDENCE IN THE SUIT FOR CRIMINAL LIBEL Warden Scurries Away From the lnvestigating- Magistrate and Fails to Testify. present, if your panied by counsel. The Court—I instruct you, stenograpl Honor proceedings re- in please, TE accom- Mr. Spreckels o I3 s court yesterday is | and Mr. Leake, you are charged with the commiss f an indictable misdemeanor, I | to-wit, libel; you are entitled to & con. T the case of the Peo- | tinuance for the purpose of securing 1 Leake. , for the further pur- | couns 1 to defend you, - | pose of having witne: brought to tes- Mr. District Attor- | tify In your behalf. Who represents the eckels and Leake. | defendants? endants present Mr. Campbell — General Barnes. Mr. ructed? Preston and myself represent the defend- | ants. The Court—Mr. Clerk, arraign the de- fendants. Here is the complaint. Mr. Campbell—-Your Honor, please, we waive the reading of the complaint. your Honor please, as issued yesterday | Has the writ been | e is done, I think | The Court—I don't think you have r ! 1d out— | power to waive-ghat. Court—I will proceed in the regular | Mr. Campbell-We are rezdy to proceed, i r. Both defe its being present | if your Honor please. 1 art, they should first be instructed | Mr. Boardman—Ready, your Honor. es heir rights: there should be an ar- | Mr. Hanley—Well, what do you wish to ra t this morning. do, Mr. Boardman? mpbell—Both defendants are! Mr. Boardman—Is Mr. Martin present? || | | | SCENE IN COURT AT THE TRIAL OF THE GAGE SUIT FOR LIBEL. | Mr. Martin, please be sworn. What i | your full name, Mr. Martin? J. Martir | _Q.—Where do you reside? Francisco. | @—wnat is_you idence, ‘street and | number, Mr. Martin? A.—At the presen time I am in Sa lito. A.—(Interruptin: lito, ves, sir. co, Mr. Martin? a _resident you were 24 of this year? Yes, sir. HALEY IN A TRANCE. The Court—Just a moment, Mr. man. for the people in this complaining witnes: |~ Mr. Boardman—Well, | pearing as the prosecuting witness s, and out of court I am conducting the e 11 matte in m | | | thing | the facts of this ca has put the case i | e is also the comp! se; lainin | Mr. Boardman (continuing | matter came up the other day- Q.—You are residing temporarily there? Temporarily In Sausa- v |~ Q.--Sausalito, but your San Francisco a s what A.—Hotel Savoy. ! ¢ long have you resided in San A.—About fifteen of San Board- Are you going to appear as counsel as well as I am merely ap- to Mr. minatioa Hanley—I will state to your Honor | that Mr. Boardman has not told me any- in reference to the facts of this ase, and Mr. Boardman is familiar with | and Mr. Bodrdman an attorney, and 1g witness in this Mr. Boardman—That was the under- | standing t Mr. Hanley and I had. The Court—Very well; proceed. When the | Mr. Hanley—I had no understanding at lall. ‘1 was not col and 1 was not told s to any of the | seen fit to have the called; he ia_for the people. Mr. Boardman—I prosecuting attorney will in state that sulted in the matter, facts or consulted as to any of the witnesses to be brought here: and Mr. Boardman has different witnesses has not seen fit to consult me in the matter, and he is putting the case the this case stated | to me yesterday that he did not wish to | mix up'in it or [it_at all Mr. Hanley—That is not so. Mr. Boardman—That is the fact. r of the San Francisco Call. Q.—You_were such busines tbe San i of this year A.—Yes, sir, San Francisco Call? ket a Third streets, San Francisc: ear? A.—Yes, sir. witness). A.—It is DEFENDANTS IDENTIFIED. Q.—Who is the mentioned, Mr. Martin. Q.—And who i A—Mr. Leake is the paper. A.—Yes, sir. Q.—Where does Mr. A.—In 8an Francisco. Q | denc A.—San Francisco. Have you read that article? Q.—Will ycu please state, Mr. Q.—Same article? A.—Same article. ALLEGED LIBEL IS READ. article in e anything to do with The Court—Do you consent to Mr. | Boardman being associated with you in | the presecution of the case? | Mr ¥ es, sif. € | Myl Boardman—If there is any formality | to be observed here I am perfectly will | ing to. | 'The Court—Proceed, Mr. Boardman. | Board Mr. Mariin, what is siness? am the business manager of o Call on the 24th day of Where is the publication office of the A.—Corner of Mar- such on the 2ith day of —Mr. Martin, T wiil ask you if this is a copy of the San Francisco Call men- ticned by you of date the 24th day of May, 1% (handing newspaper to tHe proprietor of the news- A—Mr. the business manager? the general manager of .—And was such on the day of the publication of this issue of the paper? Spreckels reside? And Mr. Leake, what is his resi- Q.—Mr. Martin, I call your attention to the article on the first page of the San | Francisco Call in its issue of May 24, 1902, A.—1 have, Martin, if that is the same article which is incor- porated in the complaint filed here against the defendants? A.—It is the same—a copy. It is a copy of the paper of that date. Mr, Boardman—If your Honor please, T will introduce in evidence a copy of the question and referred to and iaentified by the witness in his testimony as an article published in the San Fran- cisco Call on Saturday, May 24, 1902, and | read. ask to have the article marked as an ex- hibit. The Court—Any objection, bell M is Mr. Camphe! he Court admitted —We have no abjec here being no objection evidence marked as sug Peopie’s Exhibit A." in gested by counsel, Mr. Boardman-This issue of the newspaper the San Franclsco Call, of date the 24th day of May, 1992, contair ing this article, had a genéral circulatio | In_the city and county of San Franci | did it not, atter the day of its publi [ ticn Martin. The Court want to cro Mr. Campl trict Attorn, (to Mr. Campbel)—Do you -examine the witne l—Any* questions, Mr. Dis- Mr. Boardman—I have not consulted | him ‘about that. Mr. Hanley—No questions. Mr. Campbell—We have no questions. The Court—That is all, Mr. Martin. Mr. Hanley—You had better read complaint in the record. Mr. Boardman—If your Honor please, I don’t care to take the time of th in reading that article in evidenc may be considered as recad the , Af it in evidence and incorporated into the record by the | reporter; otherw! I will read the artl- cle, if it is nec ary, to get it into this record. The Court—I don't see you can avoid reading the matte; nce. Mr. Boardman—I know that is the gen- eral practice, your Honor. The Court—Do you, Mr. Hanley, see how it can be avoided? Mr. Hanley—It strikes me everything ought to be put in evidence and read into the record. Mr. Campbell—Can’t it be considered as read like any other exhibit, and then be copied by the reporter? The thing itse.f is the evidence. It is simply a copy of what s taken—— Mr. Boardman—My reading it does not | add anything to the document. The Court—The record in this prelimi- nary examination is a matter to be con- sidered in the completeness of the recor it is the practice in the Police Court a ¥s to put in the record everything that admitted in evidence. Mr. Campbell—We have no objection to its going to the record, but we don think it 1s necessary it’ should be read, as it is introduced. The record is simp} a copy. We are willing to consider it is The Court—If the official réporter will copy It into_the record. Mr. Campbell—Undoubtedly. Mr. Hanley—Does the court know what it is without it Is read into the record? CALL EXPOSE IN EVIDENCE. The Court—That is very true. I think we will have to proceed in that way, and it will take some time to read tie article in_evidence. Mr. Boardman—I will read the article, your Honor. The Court—Read the article. Mr. Boardman—It is very good reading. The matter which I introduce and read in_evidence is as follows. Mr. Hanley—People's exhibit A. Mr. Boardman—People's exhibit A. The cause of the peo%le of the State of Cali- fornia vs. John D. Spreckels and W. S. Leake, filed June 27, 1902 (June 23, 1902), Alpheus Duffee, clerk. The San Francis- co Call, volume 91, number 175. Sun Fran- cisco, Saturday, May 24, 1902. Price & cents. Scandal of thievery, forgery and corruption bursts upon San Quentin Pris- on, involving Warden Aguirre as inspir- ing criminal and Governor Gage as bene- ficlary. (Reads) “Consternation reigns i San Quentin prison” down to thc words “to determine.” Mr. Boardman—I now introduce, if your Honor please, a picture marked in’ the exhibit “M. G. Aguirre, Warden of San Quentin prison,” also a portrait of—a por- trait marked “Henry T. Gage, Governor of California,” contalned on the first page of the article. Also a picture marked in the article “Warden Aguirre’s residenc San Quentin.” Also artistic features su rounding these portraits, which are im- mediately adjoining the portrals in the exhibit in question. Also a picture marked “The prison of San Quentin,” immediate- ly beneath the two portraits. Also a picture or portrait marked ‘‘Commissary Fruncis Foley.” Also a portrait designated and marked ‘‘Joseph Aguirre, Superin- tendent San Quentin.” Underneath which portraits and pictures is the following: court | I te als who are Implicated in a ndal of forgery, fraud and malfeas- nee in office, and scenes at San Quentin ison, where convict clerks are forced to unts for corrupt rir s ira bills aph practiced and mu- (reading) under tilated the m: books. st thorough Investigation | to the end of 1. The s 0on page re as follows (read- Corrupt ring that cortrols San ! Quentin prison compels conviet clerks to | falsify records and forge ac : | (Reads down to the end of the arti | That is. the article, if, you i p which is contained in this | the paper and which forms the ba | this complaint of the pros | vour Honor please, a foreign subpena was ; issued out of this court yesterday in r i ular form. and served upon Martin Aguirre, mentioned in this article read. The.return of the Sheriff of M County shows due service of the subpena {on the witness on vesterday. I ask that the subpena be filed and 1 for Martin G. Aguirre. | | HUNTING FOR AGUIRRE. | _The Court—The bailiff will | for Martin G. Asguirre. (The baillff called for Martin G. at the door of the courtroom tw Martin. G. Aguirre did not answer.) just please call , and Mr. Boardman (to Mr. Hanley)—What are we going to do? | Mr. Hanley—Well— Mr. Boardman—Well, I think I _ will have to ask for a continuance now—I will { have to ask for a continuance. The sub- | pena was served. | * Mr. Hanley—Are you going to ask that an attachment issue? Mr. Boardman—I will leave that to you. Mr. Hanley—Tell the court he has been an attachment 1 grant it. Mr. Boardman—Mr. Aguirre? think the court will witness and I want his testimony, if your Honor please. The Court—Do you want an attachment sued? Mr. Boardman—I don't care to ask for that unless your Honor thinks it proper In_the nremises. Mr. Hanley This is a chance to test the juri of the court right here. to ask for an attachment? an attachment I think grant it. diction Are’ you going If you ask for the court will time the order was made for the issuance of the subpenaes that Mr. Aguirre was an imzortant witness. Mr. Boardman—The affidavit sho The Court—But I don't like to issue an {attachment at the first calling. At the next calling of the case, if he is not here— able to Mr. Hanley, the Prosecuting At- torney—I ask for_a continuance in the matter until, say, Monday next. The Court—I will not be ready at that | ime, on Monday next, to go right into the trial of this case—that is, a prelim- inary hearing, to the full extent, but if you wish to continue it to that time for the purpose of hearing the testimony of Mr. Aguirre, I will do that. Mr. Campbell—That might do. The Court—I will do that, but T will have to arrange specially—specially ar- range my calendar so that I will be able to go on with this matter. Mr. Campbell—-That would be satisfac- tory to the defendants, if they will close their case or take the testimony of such witnesses as they want, until Monday, and then we will adjust ourselves, INQUIRY IS BLOCKED. Mr. Hanley—Monday is a very crowded day here, as your Honor well knows. There is a two days’ calendar. . The Court—Make it Tuesday, then, Mr. Boardman—I am perfectly willing to abide by the convenience of the court. The Court—Tuesday, the 1st of July, in the imorning. time, gentlemen— Where is the com- plaint in this case? Mr. Hanley—The clerk has the com- | plaint. The Court—There were certain matters brought to the attention of the court by the complaint itself, and the question of Jjurisdiction arises in my mind, which has not. been brought to my attention by counsel of either side. In the complaint here T notice a certified copy of proceed- ings before a Justice of the Peace of Los Argeles County. The complaint in that Aguirre | regularly subpenaed, and if you ask for | The Court—Mr. Aguirre does not an- swer. | Mr. Boardman—Well, he is a material | § (aside to Mr. Boardman)-- The Court—You made an afidavit at the | { Mr. Boardman—We ask, if it is agree- | 1 might also state at’ this | JUDICIAL INVESTIGATION OF PRISON SCANDALS i {His Neither a Speedy | Judicial Expose | tuted at San | Writ of Hab cese was filed before the complaint filed | in this court. It seems to me that before | | we go into t cas ¢ deeply the mat- ter of jurisdietion be determined in some manner. It seems that it would |be a waste of time and expense to this city and county and waste of time ard expense to the city of Los .-\ngeles‘ if we proceed e questi owever, n both these actions before j iction is determined. | the matter now un- | | til Monday morning. I just make that sgestior Mr. Campbell I am perfectly ready to | Excellency Proves That He — Wants Court Inquiry Nor a of Official Frauds Assumed Legality of the Proceedings Insti- Pedro eas Corpus in This City Is Attacked by utes and authorities I had about reached the conclusion that I had not jurisdiction on the mere fact of accepting bail for the defendants. This matter will go over un- til Tuesday next. KELEASED ON HABEAS CORPUS John D. Spreckels and W. S. Leake, who were cited to appear before Justice Downing of San Pedro on a charge of libel sworn to by Governor Henry T. Gage were yesterday surrendered to Chief of Police Wittman by their bondsmen. Attorneys Preston and Campbell appeared before Judge Murasky a few minutes that _cuestion < later and sued out a writ of habeas cor- Caurt—The question of. jurisdic-'| pus for the release of Mr. Spreckels and 3 | Mr. Leake on the ground that Governor Mr. Camphbell—As to jurisdiction; that|Henry T. Gage i3 a resident of Sacra- { vour Honer has the jurisdiction here. | mento and under the code had no legal |” The Cot he case wiil be continued | right to_swear out warrants for the ar- until nday morning. |rest of Mr. Leake and Mr. Spreckels in . Hs Monday or 'I'uesda | Los Angeles County. Judge Murasky fs- Co ay rather. the lIst of | sued the writ and made it returnable be- at 10 o In the other matter | fore Judge Cook next Monday morning. mitted to me some time ago I had | Edward Harris and J. C. Campbell at ut reached a conclusion at the time |tached their signatures to hew bonds to | this ccmplaint was filed and then stopped | guarantee the gppearance of Mr. Leake | my research. After examining the stat- and Mr. Spreckels. FRCMINENT MEN MOURN LOSS OF ARTHUR RODGERS | g | Body of Deccased Lawyer Is Laid iz | Vault at Cypress Lawn Cemetery. The funeral services over the body of Arthur Rodgers, the prominent lawyer, | who died at Auburn, Placer. County, on vesday last, took place yesterday at the dence of his brother, Dr. Lee O. Rod- s, at 817 Grove street. The Rev. Clifton Macon of Trinity Church read the Episcopal services fc the dead, and the Trinity Choir quartet, composed of Mrs. E. B. Mills, Miss Ger- trude Wheeler, J. F. Veaco and F 11" the | | ]’ G. Miils, and conducted by Louis H. Eaton, of the church, rendered nt'" from the Episcopal serv- | ice, earer, My God, to Thee” and “Lead, Kindly Light.” 2 S The pallbearers were Judge W. W. Mor- | row, Judge John Hunt, E. B. Pond, Dr. Curtis, G. Kenyon, George T. Marye, fessor Martin Kellogg, Gavin M General W. H. L. Barn | The immediate relat s present at the last rites were decedent's widow, Mrs. Arthur Rodgers; Miss Millie Rodgers, Miss | Annie Montgomery, Miss Hazel Montgom- |'ery, Dr. Lee Rodgers, Luther Rodgers, Mr. and Mrs. Charles Rodgers of Watson- ville, Mr. and Mrs. John Brown of San Francisco, Mr. and Mrs. Horace Cowles ro Valley, Fred Norden of Wat- e, Mr. and Mrs. Shideler of “r'at-i sonville, J. M. Greer, a cousin, from | Knaxville, Tenn., and Walter C. Rodgers. | Rodgers, mother of the deceased, is v ill and was unable to be present. was taken to press Lawn | Cemetery, where it will lay in a vault un- | | til such time as Mrs. Rodgers shall decide | where it shall be interred. pw: i S o e |E. J. COLEMAN RETIRES FROM PACIFIC TRANSFER Alfred Bouvier Is Appointed His Suc- | organist “Burial C l cessor as President of the | Company. | E. J. Coleman, who has for twenty years been president of the Pacific Trans- | | fer Company, has refigned from the of- | fice and has sold out his stock. Alfred ! Bouvier, the well-known theatrical man- | | ager, has been appointed his sucéessor | and will in the future manage te busi- | nes affairs of the company. The deal was consummated on Wednes- { day. Mr. Bouvier at a meeting bought a | little I than half the stock of the com- | pany. 1In an interview yesterday he said | that ne had bought some of the stock for | himself and some for a person whose | name he could not.reveal. Under the re- | organization of the company E. W. Hop- kins is elected a director, and it is pre- sumed that Mr. Bouvier was acting as an agent for him in the deal. The resignation of E. J. Coleman comes as a great surprise to his many business | friends. e Black Seeks His Liberty. J. B. Black, the man with many aliases, made an attempt yesterday to secure hi: release from custody by a writ of habeas | corpus. The matter was brought before | Judge Dunne and after argument the writ was denied. The case against Black on complaint of Colonel A. Andrews of | the Diamond Palace, who charges him | with making and pa!ulng a gcfltlousl check, was called before Judge Conlan and continued till to-day. —_—— Japanese Is Badly Injured. C. Nakassato, a Japanese window cleaner, while at work cleaning windows | at % Jones street yesterday, lost his bal- ance and fell a distance of twenty-four | feet. His left hip was fractured and his | 1eft elbow so badly shattered that he will | be a cripnle so far as the use of arm | and Hmb is concerned. His injuries were | attended by Dr. Maher at the Emergency Hospital. | FLETCHER MAKES APPEAL TO THE SUPREME COURT Constitutionality of Ordinance Pro- hibiting Interments in City Ceme- teries to Be Tested. The remittitur in the case of George R Fletcher, superintendent of the Odd Fei- lows’ Cemetery, was sent from the Su- perior Court to Judge Conlan yesterday and a notice was served upon the Judge that Fletcher had applied for a writ of review to the Supreme Court so as to test the matter in the highest court. The question at issue is the constitu- tionality of the ordinance passed by the Board of Supervisors prohibiting inter- ments within the boundarfes of the city agd county of San Francisco. Fletcher, | after the passage of the ordinance, per- mitted a body to be interred in the Odd Fellows' Cemetery and was arrested for violating the ordinance. The case was tried before Judge Cabaniss and Fletcher was convicted and sentenced to pay a fine of $100. Fletcher appealed to the Superior Court and the matter was argued before Judges Cook, Lawlor and Dunne siting in bank, and they confirmed the judgment of the lower court. ———— MASTER MECHANICS RECEIVE PROMOTION Three Are Raised to Rank of Super- intendents of Motive Power of Southern Pacifie. An official circular has been issued from the “yellow building” promoting _three master mechanics of the Southern Pacific Company to the rank of superin- tendents of motive power. The circular follo T. W. Heintzelman is appointed super- intendent of motive power, with jurisdiction over the following operating divisions: West- ern, cramento, Salt Lake, lines In Oregon, and Carson and Colorado. Headquarters, Sac- ramento, California. P. Sheedy is appointed superintendent of motive power, with jurisdiction over the. fol- lowing operating divisions: Coast, San Joa- quin, Los Angeles, Tucson and Sonora Rail- Headquarters, Los Angeles, California. is appointed superin- tendent of river and ferry steamers. with ju- risdiction over all the floating equipment of the company on the Pacific system and lines in Oregon. Headquasters, West Oukland, Cal- tfornia. —_———— TEMANDS THAT CHIEF WITTMAN REMOVE WAGONS Fruit-Dealer Currie Objects to Num- erous Vehicles and Stands on Market Street. Allen D. Currie petitioned the Superior Court yesterday for an alternative writ of mandate directing Chief of Police Witt- man to compel the removal of fruit wag- ons and stands located as follows: North- west and southwest corners of Market and East streets, southeast cormer of Market and Steuart streets, north side of Market and California_streets, corner of Market and_ Sutter streets. intersection of Market, Jones and McAllister streets and southeast corner of Market and Eighth streets. Currie claims that their existence is a direct violation of section 2, chapter 4, of the charter. Currie, with G. N. Bazbuke, conducts a retail fruit store at 3 Market street. The writ was issued by Judge Murasky, who made it returnable before Judge Sloss July 2 at 10 a. m. —_——e———————— Fargo Estate Is Released. A release of all claims against the tate of the late Calvin F. Fargo made by Jennie Dutrit, who posed as the widow of the deceased liquor man, was filed 'n the Urobate Court yesterday. The re- lease, which is signed by Miss Dutrit, acknowledges the receipt by her of 39000 from the executors of the estate as pay- went of her claims.