The San Francisco Call. Newspaper, August 3, 1902, Page 27

3’ FEL444 444444444000 044 0040404 Pages 271030 R e SRS S YN S OSSO POTPY + + ~ dieribii s retbbreet Pages 27 1o 36 LR e e e e e e e s s e % % z | Dressitsss SAN FRANCISCO, SUNDAY, AUGUST 3, 1902. GOVERNOR GAGE, WITH AID OF LOS ANGELES COUNTY OFFICIAL, COLONEL HARRINGTON OF GAGE'S STAFF CAUSES ABRUPT ADJOURNMENT OF BOARD BY DRAWING ‘A REVOLVER ON DR. LAWLOR cceec day to su i Dr. W. it of th Gl at i sfie perintendent is ciated Home for Ellen. | on, i placing him | said that he hudi communication | r Gage and that i/u*j fed with Dr. Daw- | of Dr. Osborne, whom of trustees refused to] acknowledging numerous peti- | charities and | V.J]. G. DAWSON of ) cna was elected yester- . M. Lawlor af // Cororie-r HARRINGTON \ T last 2 successor to Dr. W. M. Lawlor as superintendent of the Home for the Feeble- minded at Glen Ellen has been new superintend comiplished quie e bit- terness that bas within the board of trustees. culminated at the mieeting yesterday afternoon at the Grand Hotel in an altercation that might eastly ve ended in a tragedy. The lie was gsed and a revolver was drawn, but the Jterference of outsiders prevented actual collision and the board adjourned amid reat confusion. 1t was just after the election of Dr. rawson that Dr. Lawlor arose to a ques of privilege. have reason to know that you can’t believe what is printed in the newspa- » said Dr. Lawlor, “but if Colonel rington ever said what he bas been d as saying—that my three sons ave been quartered on the State, to in- wit and browbeat employes who testi- G agairst me at the home—if he ever 14 he lied.” Colonel Harrington was seated on the pposite side of the table from Dr. Law- T "He sprang to his feet with an angry csm in his eye and shouted: e “You are the liar, you — —- The fire-eating Colusa colonel advanced toward the center of the room and as Dr. Lawior, his face glowing with rage, made oe if to force his way around the table past Trustee Dugan, who had stepped be- ‘ween the two belligerents, Colone! Har- jrington dropped his hand into his coat | | pocket and drew out a revolver, which he | | held threateningly by his side, not pointed | at Dr. Lawlor. ! LAWLOR STANDS HIS GROUND.| Lawlor s(rrx;w.vd in surprise, but heid his | ally gasped out in his ra | “Shoot, if you want to; shoot, you | coward, shoot!” | _Harrington continued to apply to Dr. | { Lawlor epithets as picturesque as the bad lands, while the two men glowered at 'asch other and the other trusiees started | forward protestingly, some of them, and ! | others hastening to get out of the pos- | ‘sib]e line of fire. Lawlor's son, who had | been the cause of the starting of the raw, | stayed in the backgrcund and made no | move to go to his father’'s assistance. | _Frank Norris, the novelist. a friend of | | Dr. Lawlor and his family, rushed around ; | from where he had been seated back of | | Lawlor and seized Harrington from be- | | hind with his left hand, grasping the Co- | | lusa colonel’s pistol hand with his right. “That's right,, Frank: take it away | from him, Frank, if you're a friend of mine. Take it away from him,” shouted Lawlor, | But Harrington jammed his revoiver | back into his coat pocket and held to it. Norris struggled to take it from him, but | was not able to twist it from the grasp of the enraged trustee. Finally he gave up the struggie on Harrington's assurance that he did not intend to use the weapon. Trustee C. Walter Gould had bLeen | shouting,” “Stop that! Stop that!” at Har- | rington, and at this point he seized his hat and sald: “I will not remain in this meeting. You have drawn a revolver on Dr. Lawlor en- | tirely without provocation. A fine trustee for a State institution you are!” This to Colusa’s Kentucky colonel. Har- rington advanced angrily toward Gould, | i i GOVERNOR GAGE’'S JUDGE A.bVOCATE GENERAL, COLONEL HARRING- TON, DRAWS A REVOLVER ON DR. LAWLOR AFTER THE.LIE HAS BEEN PASSED, AND FRANK NORRIS GRAPPLES WITH HIM. AGE’S board of trustees of | the Glen Ellen Home for the Feeble-Minded held a stormy sion yesterday aftcrnoon at the Grand Hotel. Dr. Lawlor's son in- sulted " Trustee Harr'ingto‘n, and Dr. Lawlor said Harrington had lied. Colonel Har'riziglon returned ithe compliment “and drew a re- volver. The air was full of reso- nant oaths for a while, and Frank Norris, the novelist, tried in vain to disarm the belligerent colonel. The meeting was adjourned amid great confusicn, and a legacye of hatred is left for future sessions. his hand on his revolver in his coat pocket. “You can't browbeat and Insult me, you traitor,” he hissed, and followed it up with a few oaths as mellow as rare old bourbon. “Draw it if you want, I'm not afraid of you,” Gould said, but Colonel Rooney and President Dugan interfered and nothing further came of the war of the trustees. Dugan declared the meeting adjourned. While Harrington and Gould were row- ing, Norris and Colonel Rooney hustled Dr. Lawlor out through the bedroom of e suite in which the meeting was being n the corridor he was jolned by his sofi and the two, accompanied by Nor- ris, departed before Harrington came out, and as Gould also felt at once there was no resumption of hostllities. HARRINGTON GRILLS LAWLOR. The trouble arose over a speech by Har- ngton and a subsequent insuit to the trustee by Theodore Lawlor, a son of the deposed superintendent. Harrington, in nominating Dr. Dawson, spoke as follows: 1 desire to npminate for superintendent a gentleman who is in every way qualified for the position and who is highly indorsed by leading physicians. I nominate Dr. W, J. G. Dawson of St. Helena, who bas the indorse- ment of Dr. Gardiner of the Southern Pacific Hospital, Dr. McNutt, Dr. Rixford, Dr. Ken- yon and others. I may say also that he Is satisfactory to Governor Gage. I have been in telephonic communication with the Gov- ernor and he expresseq complete satisfaction with Dr, Da n. It is our y to end this misrule at once. If you will do what the parents and guardians of the poor unfortunates at the home are, with weeping eyes, begging you to do, what the people of the State expect you to do, what the Governor has asked you to do, you wiil put an end at once to this misrule. Trustee Rooney seconded the nomina- tion, and a viva voce vote was taken. Rooney and Harrington voted aye, and Gould maintained his silence. There was no negative vote and Dr. Dawson was declared elected. Theodore Lawlor arose at this point and went over to Colonel Harsington. Lean- ing over and resting a hand on Harring- ton’s shouider, which he shook slightiy, he said something in an undertone. The trustee did not understand, and young Lawlor repeated again, “I'm a young man and I will hold you personally responsible for what you have said to-dy." “Wheo ale you, anyway? ho are you, to come here and insult me?”Harrington exclaied, springing to his feet, "2 am Dr. Lawlor’s son,” was the reply. “Lawlor’'s son, are you? Well, if you want to browbeat me I'll tell you right now that I'll take you and your father both, one at a time, outside of this meet- ing room and give you whatever you are looking for!" Harrington shouted. There were protests from the other trustees. Dr. Lawlor tried to speak, but President Dugan declared everybody out of order. Dr. Lawlor insisted on speak- ing to a question of privilege, with the result that has been related. THE NEW SUPERINTENDENT. Dr. W. J. G. Dawson, the new super- intendent, is a graduate of the medical department of the University of the City of New York, of the class of 1867. He came to California in 1877 and has prac- ticed in the State since that time. For some years he has been located at St. Helena and has been the local Southern Pacific_physician. He was president of the California State Medical Society at its meeting in April of this year. At the beginning of the meeting yes- terday a number of petitions, previously printed in The Call, asking for the rein- statement of Dr. Osborne. were read and filed without comment. board would not acknowledge its mis- take to the extent of placing Dr. Osborne lnAchalrge ‘agnhlr. i ications for @ position of - intendent from Dr. W. D Smith o Fael- umne, Dr. R. B. Smith of San Francisco, T. Byron DeWitt of San Francisco, . C. Alexander of Santa Rosa and Dr. A. E]. é’ove of San Francieco were. read and ed. : Colonel Harrington. the gun fighter, is a warm friend of Governor Gage, and has contended from the start that Dugan and Gould, in protecting Lawlor, were not acting in accordance with the wishes of Gage, but In defiance of the Governo | in order to keep their personal friend, Lawlor, in the position. Harrington is judge advocate general of the staff of Governor Gage. Preparing for Grand Picnic. Arrangements have becn made by Se- quola Parlor No. 16, Native Sons of the Golden West, to hold a second grand pie- nic and outing on Sunday, August 10, at Camp Taylor. The committee of arrange- ments - is _composed of H. Shipper, A. George Stockwltz and Joseph Wright. Tickets can be had at the ferry on the morning of the Dicnie. | with a_leer, as he handed a roll cf legal | Dr. Dawson and | V25 made in the name of J. C. Rives, Dis- Dr. Osborne are close friends, but the | SECURES ANOTHER WRIT OF PROHIBITION 10 STOP L Carroll Cook Issues an Order. Motion for a Dismissal | Is Made. EARFUL of a hearing before Police Judge Fritz of the criminal libel case of the Peo- ple vs. John D. Spreckels and W. S. Leake and terror- stricken at the possibility of the production of witnesses and evidence by the defendants, Governor Henry T. Gage, through his attorneys, is fighting with the cunning of the fox to stave off the impending doom of publicity before the bench of California. By means of every tactic known to the legal profession, Governor Gage is moving the machinery of the law for one sole pur- pose—to prevent taking of testimony be- fore Jucge Fritz and an expose in court | of the maladministration of San Quentin | prison, together with the chief executive's connection with it. Not for the purpose of vindicating the alleged besmirching of the gubernatorial reputation and washing away the stains | alleged to be on his character are Gov- ernor Gage and his legal assistants mov- ing strenuously to invoke the aid of the courts. | Rather than avail himself of the oppor- tunity of appearing in a court near to San Quentin prison and the residence of the numerous witnesses, Governor Gage is striving with desperation to close the mouths of these witnesses and clog the wheels of justice. SECURES ANOTHER WRIT. By the aid of Butt-In and Back-Out Moore, a railroad attorney, and his youth: ful understudy, Governor Gage has se- cured another delay to the hearing of the criminal libel case in Judge Fritz's court in this city. The assistance of District Attorney J. C. Rives of Los Angeles County has been sought and that official, claiming to rep- resent the people of the State of Califor- nia, secured an alternative writ of pro- hibition against Police Judge Fritz yes- terday, the writ and citation being issued by Carroll Cook, Presiding Judge of the Superior Court of this city and county. The indecent tacties of Butt-In and Back-Out Moore, the railroad attorney, ursued on Friday morning last before olice Judge Fritz were only for the pur- pose of delay and preparing the papers in | the application made by Peter Dunne, an- other railroad attorney, before Judge Car- roll Cook yesterday. ‘When Police Judge Fritz opened court | vesterday morning the defendants and their attorneys were present, the prosecu- tion also being represented. Moore, the railroad attorney, was also on hand for Governor Gage. Judge Fritz made a brief disposal of the charges of Moore and Gage that. the criminal libel case of the People vs. Spreckels and Leake was a collusive one and of the contention that Moore should be allowed to examine L. P. Boardman in preliminary collateral proceedings to_find out why the complaining witness filed the criminal information. Judge Fritz announced that the applica- tion of Moore to examine Boardman was denied and that the main case, the libel proceedings, would be taken up to-morrow morning. F JUDGE FRITZ DECIDES. The decision of Judge Fritz is as fol- lows: The Court—In the case of the people vs. Spreckels and Leake the motion made by Mr. | Moore yesterday that the court at this tim hear ovidence tending to prove that this act was_collusively instituted is denied. I hav not had time, however, to prepare an opinion on the matter, though I have examined the authorities presented by Mr. Moore. The main Qquestion of collusion I will not attemdt. to pass upon at this time—that is, in its en- tirety. T have looked up Wells on injunction, also the case of the people vs. Pratt. 1 find those clvil cases were cases where fletitious actlons were brought, and, of course, were thrown out by the Supreme’ Court. The main actlon—that is, this case—will go_to trial on fts merits on Monday morning at”10 o'clock. The District Attorney will conduct the case on behalf of the penple and prosecute the case. Tt during the trial of the case there Is any- thing to show that the matter is not properly conducted the court will then take such steps as may be necessary. SERVED WITH CITATION. After Judge Fritz had announced his de- e e various parties to the proceed- fnes left the courtroom. Butt-In and Butt- Out Moore, the railroad attorncy and Counsel-in-chief_for Governor Gage, made S eomment on the decision, but hurried out of the courtroom to the hallway. Phere he was met by his understudy, and Moore told the young man to “go ahead ow."” nWhue Moore watched at the open door of the courtroom of Judge Fritz, tne un- derstudy entered the room and ap- proached the seat of Judge Fritz, T have a citation and a writt of pro- hibition for you,’ said the understudy 4 ts to the Judge. O tge Fritz made no_comment. He calmly opened the papers and glanced through them and admitted the service of the documents. Moore’s understudy joined hig mentor in the hallway and the pre- clous pair left the building, smiling and evidently satisfied with their work of placing obstacles in the way of justice. The alternative writ of prohibition and the citation issued by Judge Carroll Cook, and made returnable for mnext Friday faorning, were obtained on the applica- tion of Attorney Peter Dunne, the latest Jegal Juminary to joln the ranks of the Governor’s obstructionists in the criminal libel edings. 'lsl}xep r;:teluongfor the writ of prohibition trict Attorney for the county of Los An- geles, purporting to represent the people of the State of California. - FILES OLD APPLICATION. The application for the writ to prevent Palles Judge Fritz from hearing evidence in the criminal libel case was a duplicate of the one presented hy Gage and his co- horts to Superior Judge Sloss and the Su- preme Court in the last few weeks. The typewritten document was a mani- fold copy of the one presented to Judge Sloss, and where the words “sald afflant, Henry T. Gage,” appeared they were erased and the words ‘“‘said petitioner, J. C. Rives,” were written in. Only two new pages of typewritien mat. ter appeared with the copy of the origi- nal application. These es set forth that J. C. Rives, the p.titioner, was and is the District Attorney of Los Angeles County and represented the people of the State of California. The allegation was also made that the eople of the State of Callfornia had a geneficlary interest in the criminal libel preceedings before J’udge Fritz, and for that reason the writ of prohibition was asked for. The tricky methods used by Gage and his attorneys in trying to secure a writ of prohibition from Judge Sloss and the Su- preme Court have been followed out In 3 NCE _ again has | Governor Henry' | T. Gage and his coteric of railroad lawyers taken steps to block the path of justice. Acting | under orders Railroad. Attor- ney Peter Dunne has come to the assistance of Railroad Attorney Moore, and mnow of all the Southern -Pacific Company’s legal . force re- maining unmasked is Billy Herrin. By proceedings bor- | dering on contempt of Gourt they succeeded yes- terday in ternate writ of prohibi- tion against Police: Judge Fritz, who has set the hear- ing of the criminal libel case of the People vs. Spreckels and- Leake for to-morrow morning. By the same shifty, twist- ing and turning tactics that have cheracterized the fran- | tic efforts of Governor Gage to prevent Judge Fritz from taking testimony in the libel case, the writ of prohibition was secured. The aid of District Attor- ney J. C. Rives of Los An- geles County was enlisted by Gage and a petition was presented to Judge Carroll Cook, asking for the writ of prohibition on the ground that Rives represented the sovercign people of Califor- nia and that the people had a beneficiary interest in the criminal libel case. As the lawv distinctly forbids Gage from applying to the Supe- rior or Supreme courts for | a writ of prohibition, he daving already been denied the relief, the Chief Execu- tive placed the District At- torney of Los Angcles in the ranks of his legal de- fenders. | Arguments on the writ were set for mext Friday, but Judge Cook last evening granted a motion to the at- torneys for Judge Fritz to I move for a dismissal of the writ on next Tuesday after- | mnoon. Judge Fritz yesterday dismissed the application of Buit - In - and - Back - Out Moore, the railroad lawyer, that endence on the charge of collusion in the filing of the libel case be collaterally taken. g N £ - this last move for delay and to impede the progress of justice. The decisions of Judge Sloss and of the Supreme Court were that Gage had no beneficlary interest in the criminal libel proceedings before Judge Fritz, and for that reason Judge Sloss and the Supreme Court refused to grant the application to bar the hearing in the Police Court. TRICK TO ESCAPE CONTEMPT. In order to.save himself from punish- ment for contempt of court Governor Gage enlisted the services of the District Attorney of Los Angeles County in apply= ing for the writ of prohibition from Judge Cook. Section 182 of the Code of Civil Proced- ure of California says: “If an applica- tion for an order made to a Judge of a court in which the action or prcceeding i3 pending is refused in whole or in part, or is granted conditionally, no subsequent application for the same order shall be made to any court commissiogar or any | other Judge, except of a hig®er court; but nothirg in this section applies to mo- tions refused for informality in the pa- pers or proceedings necessary to obtain the order, or to motions refused with lib- erty to renew the same.” Section 183 of the same code says “A violation of the last sectlon may be pun- ished as a contempt, and an order made contrary thereto may be revoked by the Judge or Commissioner who made it, or vacated by a Judge of the court in which the action or proceeding is pending.” ‘When Governor Gage was denied a writ of prohibition by Superior Judge Sloss he realized that he would be in contempt of court if he asked for another wrltl from a Judge of the same court. UNDERSTUDY SIGNS PAPERS. His next writ of prohibition was there- fore asked from the Supreme Court, and that dignified body promptly refused the request. In order to save himself from punish- ment Gage has now applied for a writ through the mouth of District Attorney Rives of Los Angeles County, who lives at Downey and does business in a politi- cal office in the city of Los Angeles. Rives did not even sign the application for the writ. Although his name was attached to the application made to Judge Carrell Cook, it was not in the writing of Rives. Attached to the application was an affidavit sworn to by the under- study of Moore, the railroad attorney. The affidavit set forth that the under-| study swore to the truth of the contents o e application on behalf of his client. the District Attorney of Los Angeles County, who was reported to be out of the city. Judge Cook set the arguments on the writ for next Friday morning at 10 securing “an al- | | IBEL. CASE Delay Gained . in Name of } People. cp— Fritz Throws ' Out Claim ' of Fraud. N marked contrast to the actions of Governor Gage, who seeks to | prevent a hearing of the lbel | case of the people vs. John D. Spreckels and W. 8. Leake in the i court of Police Judge Frits, the defendants and their attorneys are using every legitimate means to let the course of justice take its way unimpeded. Judge Carroll Cook last evening grant- ed a motion presented to him by Attor- neys E. F. Preston and J. C. Campbell, | representing the respondent, Judge Fritz, in the prohibition proceedings by which arguments will be heard next Tuesday | afternoon at 2 o'clock on a motion to dismiss the alternative writ of prohibi- tion granted on the application of J. C. Rives, District Attorney of Los Angeles County, the latest aid to Governor Gage. Judge Cook also granted leave for the attorneys for the respondent to serve cop- fes of the motisn on Rives and the ag- gregation of railrcad lawyers who are making the battle for the chief executive. The grounds on which the motion is based are as follows: That said J. C. Rives, tho petitiofier therein, has not nor has he ever had any power or thority to represent the people of the State of California In such proceedings in the city and county of San Francisco. That said petition does not state facts suffi- clent to entitle petitioner to the relief prayed for_therein, or to a writ of prohibition. That petitioner Is not a person or party bene- ficially interested in the proceedings sought to be_prohibited. o That the people of the State of California have a plain, speedy and adequats remedy at law. That the same question, involving the same matter, asking for the same rellef, has been heard and determined in the same court, to-wit, before his Honor, M. C. Sloss, Judge of the Superior Court in and for the city and county of San Francisco; also that the same question upon the same petition practically was tried by the Supreme Court of the State of Califor- | nia and by it refused. Sajd motion will be made upon the petition on flle in this proceeding, and upon the record in the case of Gage vs. Fritz In the Superior | Court of the city and county of San Franciscoy | A representative of The Call trled to\ interview District Attorney Rives in Los Angeles last evening, but without suc- c The District Attorney was not to be found at his office nor at any of the places he frequents. Like Governor Gage, Rives does not reside where the law re- quires him. The legal residence of Rives is supposed to be in the city of Los An- geles, but he follows the example set by | Gage and has residences to suit his con- venience. It was learned by the repre- sentative of The Call that Rives now re- sides in_Downey, not far from the ranch home of Gage. 9 o'clock, four days previous to the hold- ing of the Republican priméries. Gov- ernor Gage and his coterie of rallroad | lawyers will use every legal trick to pre- vent any proceedings before Police Judge Fritz until after the Republican conven- tion at Sacramento. In the event of the ngnucluon for & writ of prohibition by the Los Angeles District Attorney being refused, Gage can still call to his ald Justice of the Peace Downing of San Pedro. Gage has ht writs of prohibition. on the ground tI he has a_beneficiary interest in the libel case in Judge Fritz’s court. When the Superior and Supreme courts decided that Gage had no such beneficiary interest, the chief executive put to the front his Los Angeles assistant with the same claim. DOWNING’S INTEREST IS $3. Justice of the Peace Downing may at least claim with some truth that he has a beneficiary interest in the criminal libel proceedings instituted at San Pedro and in_this city. Downing has a “beneficlary interest” in the case to the extent of §3, the sum al- lowed him by the State for holding a preliminary criminal examination. He might secure a writ of prohibition against Judge Fritz on the ground that if the latter is allowed to hear the libel case he (Downing) will be deprived of his “beneficiary Interest” to the extent of 300 cents. The utter lack of sincerity In the aj giica:lon for a writ of prohibition y Gage's rallroad lawyers in the name of the Los Angeles District Attorney is realized by every member of the legal profession. The application has simply been made to block the wheels of jus- tice and prevent testimony that will not help Governor Gage to cleanse his solled reputation. It is well known in the legal profession that a District Attorney cannot represent the people of the State in a criminal pros- ecution outside of his own county. CANNOT REPRESENT PEOPLE. In the famous railroad tax rate cases brought in the early eighties it was de- cided by the late Justice Field of tha Federal Court that the Attorney General of the State is the only officfal who can represent the people in all portions of the State in criminal proceedings, that a District Attorney can only repre- sent the people within the limits of his own county and cannot_go outside of it. This decision of Judge Field was upheld in the United States Supreme Court and is known te every lawyer and law stu- dent in America. In his application for a writ of prohl- bition District Attorney Rives of Los An- geles County claims to represent the peo- ple of the State of California and seeks to interfere In the case of the people vs. Spreckels and Leake in this city. ‘This anomaly would permit of the Los Angeles District Attorney coming to this city and in the name of the people dis- missing_the criminal libel case now in Judge Fritz's court. It also presents the unheard of proceeding of the people nf the State prohibiting themselves from go- ing ahead with a prosecution. The action of District Attorney Rives in trying to block the libel case in the | court of Judge Fritz will not be hailed with delight by tha people of the county where Rives resides. Rives takes the same stand as does Governor Gage, that the libel case in- stituted by Gage in San Pedro should be presecuted there. In order that Gage might present as many difficulties as pos- sible to the introduction of evidence, he sought a court 500 miles away from San Quentin prison @nd the homes of the wit- nesses who live in San Franeisco. COST OF SAN PEDRO TRIAL. The cost of taking witnesses, prisone: and guards to San Pedro from the vie ity of San Francisco and maintail them in the south-during the preliminary examination and subsequent trial would amount to not less than $30.000. The taxpayers of Los Angeles County will bear this in mind when they are asked to support Governor Gage and Dis- | trict Attorney Rives in their political as- pirations.