The San Francisco Call. Newspaper, August 6, 1902, Page 4

THE SAN FRANCISCO CALL, WED DAY, AUGUST 6, 1902 GOVERNOR GAGE AND HIS COUNSEL e it Postpones theT " Hearing Un- til TO%D&_Y Tender Lame Excuses to| Judge Cook ARRYING out their pelicy of delay, Governor Gage and his attorneys succeeded yesterday in preventing the argument on the motion to dismiss the writ of prohibition granted by Judge Cook by which the g of John D. Spreckels and W. §. e proprietor and the manager of The Call, for alleged| bel against Governor Gage | | in Police Judge Fritz's Court was ed. e Governor's array of legal talcnt‘{ was 1 rea when the matter was | called by Judge Cook. All had business | elsewhere, but they were represented by A y*Nougues, who submitted an | sworn to by Peter F. Dunne, | inability to argue the mat- | was engaged in a trial in the | tates Circuit Court. The caring the affidavit, showed | position to postpone the argument | ely, notwi anding the pro-| Attorneys Campbeil and Pres- 0 were guarding the interests of its. mpbell said there was no on shown by the four attor- Governor Gage why the argu- uld be postponed for an The understudy of Attorney | Moore, counsel for the Governgr, was | r court just before the matter was called, but he, too, found it con- retire. ey Nougues answered that the g upon the motion to dis- nne, who was unable to He therefore asked that a con- Preston suggested that the a continuance was a re- ng, when it was considered he litigation had been going on long time in different forms and fferent tribunals, ranging from the lice Court to the Supreme tribunal. ige Cook interrupted with the ement that he did not desire to hear ent on the matter. He was ed that one or another of the at- s on the other side should have present in court, but under the ances his Honor thought the ng ought to be continued until to- positively no longer. ome further discussion of the court granted a post- t until 11 o'clock this morn- h instructions that one of the neys of record be present. probable that if none of the four attorneys openly employed by appear for him, Billy Herrin will be present to represent the r or send some other one of his COUNSEL FOR GAGE ASK FOR FURTHER TIME WH EN the court convened Judge Cook inguired if there .were any ex parte motions, whereupon At- torney Campbell asked if the tition came under that head. On g an affirmative reply Campbell took the floor. A verbatim report of the ngs follows: y_ex parte motions? b‘!;; quore'! this come under that Yes 2 ANn oo the matter then of the ap- C. Rives for a writ of prohi- h ‘was made to your Honmor last we served notice on the counsel for tioner—I understand that Mr. Nougues the counsel here—we served a notice for the petitioner on Monday, 0ld an acceptance of, that en to- IRES CABIN WITH RATTLER Woodsman Sleeps With R fle and Bottle of Whisky. PASCO, Wash., Aug. 5—Every time | John Prentice rolls over in bed at night & huge rattlesnake which is reposing a | few feet from Prentice’s bunk raises it- | self and bur-r-rs, while Prentice rouses up | | with a rifie in one hand and a bottle of | whisky in the other, prepared for any emergency Prentice lives in a one-room cabin across the Columbia River from Pasco. On one side of the room are heaps of | plunder taken from the river. When | Prentice entered the shack ten days ago | he heard the warning rattle of the huge | snake which had taken up. permanent | quarters behind the rubbish. ~Prentice, | vho is a nervy Westerner, simply shifted | bed and obtained plenty of anti-snake | bite He sleeps with a bottle of this on | one side and a rifie on the other. ““If 1 see the snake first I've got the | he said to-day, “and if the snake | gets me first I've got the antidote. I'm | all right either way.” A conflict is expected soon between the | two, as a rattiesnake and a man cannot | live long in such close quarters without 2 meeting. Meanwhile Prentice takes | things coolly and refuses to vacate the shack. Colombia Claims Victory. WASHINGTON, Aug. 5.—A cablegram received at the State Department from Panama, dated August 5, conveys the in- | formation that there are revolutionary war vessels in the bay; that a fierce bat- tle hag been fought at Agua Dulce, and that the results of the baftle are not yet known. The Government, however, claims the victory - W K LA day, at 2 o'clock, your Honor having shortene. o2 time, we would move the court to dis s plication uvon the following grounds. in accordance with the motion I now make t again on the grounds and upon the same ers orally. (Reads) “You will please e notice—"" Mr. Nougues, (interrupting)—If your Honor please, at the request of Mr. Dunne, who is ed in another court, we would like the tter to go over until Friday, as originally set. The Court—1 suppose Mr. Campbell had bet- ter make his motion first before we hear from Nougues, and then we will see what is Defore the court. Mr. Nougues—I thought that would save time. Jo2ir. Campbell then read the notice, as fol- ows : “In Superior - Court of the ecity and county of San Francisco, State of California. J. C. Rives, etc., .petitioner, 'vs. Alfred J. Fritz, Police Judge, etc., respondent. “To the petitioner above named and Messrs. A. A. Moore, W. W. Foote, J. J. Lermen and P. F. Dunne, his attorneys: ““You will please take notice that the re- spandent in the above proceeding will on Tues- day, the 5th day of A 902, at the hour of 2 o'clock m. o move the above entitled court to dismiss the application for writ of vrohibition in the above named proceeding, on the grounds following, to Wit: “L That sald J. C. Rives, the petitioner therein, has not nor has he ever had any power or authority to represent the peonle of the State of California ip such proceedings 1n the city and county of San Francisco. “IL ~That said petition does not state facts sufficient to entitle petitioner to the relief prayed for therein or to a writ of prohibition. “IIL. That petitioner is not a person or party beneficially interested in the proceedings sought to be prohibited. V. That the people of the State of Cali- fornia have a plain, speedy and adequate rem 8 ATTORNES TIOVES A CONTINUVATNCE edy at law, V. That tHe same question, involving the same matter, #8king for the same r 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 California and by it refused. “Said motion will be made upon the peti- tion on file in this proceeding and upon the record in the case of Gage vs. Fritz, in the Superior of the city and county of San Francisco, £. F. PRESTON, CAMPBELL, METSON & CAMPBELL, “Attorneys for *“Good cause appearing therefor, it is ordered that the time of motice of the above motlon is shortened to one day and that the same be heard on Tuesday, the 5th day of August, 1902, | | | nondent. | at the hour of 2 o'clock p. m. “CARROLL COOK, Judge.’ DUNNE ASKS FOR TIME. Mr. Campbell (continuing)—And the order made by your Honor shortening time. Now I make a motion orally in accordance w notice, upon the same grounds and upon the same papers mentioned in_the notice. Mr. Nougues—If your Honor please, at the requést of Mr. Dunne, 1 appear for the pur- pose of moving a continuance and have pre- pared affidavit for that purpose, which I will read (Reads) In tt Superior Court of the City and Coun- ty of San Francisco, State of California— J. C. Rives, etc., petitioner, vs. Alfred J. Fritz, Police’ Judge, etc., respondent. State' of California, City and County of San Francisco—ss. P. F. Dunne, being sworn: He is one of oo 3o s, S COSTLY L Continued From Page One. oak, mahogany, walnut, rosewood and other varieties and ranged in price from $30 to $8990, $9390, and $11119 per thousand feet. In the records of San Quentin prison, the majority of the bills for this lumber are charged to the jute mill ac- count. The lumber had no place in the jute mill and was never used there. On the contrary, it was taken to the secret rooms in the old furniture and sash factory and there Warden Aguirre had a force of convicts make it up into all kinds of household furniture. Bedsteads, chairs, ‘lounges, tables armchairs and other furniture were turned out. The most valuable varieties of upholstering supplies were also pur- chased from firms in this city and paid for out of the public funds. The Call later on will publish itemized details of these various purchases, paid for by the taxpayers of California in order that Governor Gage and other intimates of Warden Aguirre might profit by the traffic. The Call to-day publishes two photo- graphs of shipping receipts of San Quentin prison. One of these receipts show. that on February 17, 1901, a ship- ment of four crates of furnitiire and six boxes of “sundries” was made from San Quentin Prison to “George MacDougal, care of Gage ranch, Downey, Cala.” RECEIPTS TELL A TALE. MacDougal is a relative by marriage of Governor Gage and was' formerly of his Downey ranch. When Gage put his ‘intimate friend, Aguirre, into the position of Warden of San Quentin MacDougal was made shipping clerk of the institution shortly afterward. This shipment of furniture from San Quentin prison was made on the steam- er Caroline and the shipping receipt shows that the crates of furniture were marked “George MacDougal, care of Gage ranch, Downey, Cal.” MacDougal brought no furniture to San Quentin prison when he assumed @ position. there. The articles he ship- ped in his own name to himself at Gage’s ranch consisted of furniture made by convicts at San Quentin pris- on. The material was pald for with funds filched from the public treasury. This shipping receipt reads as follows: “Original. “SAN QUENTIN, Feb. 17, 1901. “Recelved from George MacDougal in good order on board the steamer Caroline the following packages, contents unknown, to be delivered at Downey, dangers of fire and nav- igation or any other mccident or danger of the sems, rivers or steam navigation of whatever kind or na- ture moever excepted, and with the privilege of reshipping on steam- boats or barges. “Marked George MacDougal, care of Gage ranch, Downey, Cal. 4 crates furniture, 6 boxes sundries 10 “Ship this and mail George MacDougal, Ship C. 0. D.” SHIPPED BY THE WARDEN. Another photograph published by The Call to-day shows a shipping re- receipt to San Quentin, employed by the Governor as foreman }celpt. of San Quentin prison, dated Au- ATTORMER. EUYY PR&S‘T‘@M ADDRESSING THE th that | UMBER IS SCENE IN JUDGE COOK'S COURT:DURING THE HEARING OF ARGUMENTS ON THE APPLICATION FOR A ‘WRIT OF PROHIBITION, BY WHICH GAGE SEEKS TO AVOID A TRIAL OF THE LIBEL SUIT AGAINST JOHN D.§PRECKELS AND W. S. LEAKE. the attorneys for petitioner in this matter, and as the attorney for petitioner to whom has been specially assigned the argument of petitioner's right to prohibition in (his pro- ceeding, it will be fmpossible for affiant to take the matter up this day for the reason that he is actually engaged in a jury trial in the United States Circuit Court for the Ninth District, which case was set long before the filing of the petition herein, and the trial of which will occupy this week until Friday at the earliest. P. F. DUNNE. Subscribed and sworn to before me this 5th day of August, 1902, MATTHEW BRADY, Notary Public In and for the City and County of San Francisco, State of California. Mr. Nougues (continuing)—On that affidavit, your ‘Honor please, 1 move that the matter be contifiued until Friday. Your Honor will per- celve that the argument on this motlon is the same—involves all the argument that will be made upon the apolication for the writ, the return day of which is Friday. Mr. Campbell—Your Honor please, in answer to the latter part of the affidavit—the matters of jurisdiction—whether or nay the petition shows @ state of facts which would entitle th.> person who -applies forit to it, or whether or not it states facts sufficient to entitle the party to the remedy which he seeks—for al- ways jurisdiction can be raised in any manner or at any time. In relation to the other mat- ters, if your Honor please, signed to this petition are the names of the attorneys, A. A. Moore, W. W. Foote, J. J. Lermen and P. F. Dunne. Now, thére is no reason shown why any one of the other counsel cannot be before the court and present this cuuse. As a fact other counsel, as your Honor knows, have been in this case—Mr. Moore argued be- fore your Honor the petition for a writ of habeas corpus; Mr. Moore argued before his Honor M. C. Sloss this petition in identically the same words with the exception of a change of the parties—part of this petition, if your Honor will take the trouble to look at it, being a manifold copy of the petition which was then and' there presented; and there is no reason why—no reason. shown in the, affidavit why. none of those gentlemen is not heve for the purpose. It is not a. sufficlent reason, gust 5, 1901. This receipt is for the shipment of three cases of furniture and one crate of furniture from M. G. Aguirre to Do- mingo Mindias at Downey, Cal ‘When it is explained that Demingo Mindias was and is the foreman of Gage’s ranch at Downey and that he was in charge of the Governor's ranch home further explanation is almost un- necessary. The furniture shipped by Warden Aguirre to the foreman of the ranch home of Gage at Downey was made by convict labor. The material was se- cured and paid for with public funds. The Call has in its possession the evi- dence to prove that shipments of fur- niture were made by Captain Russell of San Quentin prison to the wifé of Governor Gage at Downey, Cal, the furniture having been made in the prison. The furniture shipped to the wife of the Governor is mentioned in the fol- lowing waybills that can be produced: November 7, 1900—Waybill 396. From Captain Russell, San Quentin prison, to Mrs. Henry T. Gage, Downey, Cal, one boxed chair, 235 pounds. May 8, 1901—From San Quentin pris- on to Mrs. Henry T. Gage, Downey City, one lounge, 200 pounds. To prove further the wretched and dishonest character of this traffic The Call will in a few days publish photo- graphs of costly furniture shipped re- cently from San Quentin prison to a house in Berkeley which J. A. Agulrre has rented for his own use. FURNITURE FOR HIS HOME. J. A. Aguirre has been slated for the position of Bank Commissioner by Gage and in anticipation of that event a quantity of furniture was made for his use. ‘When The Call was investigating | —_— R when there are four counsel in a cause, that one of them is engaged in another court. And in view of all of the facts in this case, Which your Honor will take judicial notice of. in view of the Supreme Court's decision,. in view of the decision of this court, of which your Honor i5 one of the arms, we most re- spectfully submit to the court that the propo- sition at this time should be presented to the court. The jurisdictional question—and it is only upon questions of jurisdiction that this motion s made—can be heard and delermined at any time; in fact your Honor could hear it—your Honor could raise them himself and then and there determine whether or nay there was a sufficlent showing to have issued the order ‘to show cause. NOUGUES MAKES REFPLY. Mr. Nougues—I just want to say a word— that this affidavit shows that Mr. Dunne is the party to whom has been specially assigned the argument on the motion for. peitjtioner’s right to writ of prohibition in this proceeding, and no one knows better than the gentlemen on the other side that there might be half a dozen attorneys in the case—to one is dele- gated the preparation.of the arsument. That | has been delegated to Mr. Dunne frem the in- ception -of this proceeding, but he has not stated in his affidavit—I don’t suppose he thought it necessary—that Mr. Moore was en- gaged. Mr. Foote has been engaged for some days ih Oakland in the Dalton matter, but one of the objections that you notice is made here, there is nothing provided In the statute for a proceeding of this kind, If your Honor will look at 1089, that is when the matter shall be heard on the return of the alternative, section 1090 with answer, section 1094, no answer is made—papers oan be read on the application. There s no answer to the return. I apprehend . the statutory proceeding is one to be followed and the effect in this instance is.the granting of the alternative writ. And as to the state- ment that this matter ‘has béen in all_the courts and has been heard in every phase, your Honor no doubt is familiar with the fact that the case has been brought up by the other side an equal number of times ‘on.similar pro- CURED BY FELONIES. books and records at San Quentin pris- on previous to May 24 last J. A. Aguirre was’acting as Warden in the absence of his brother. J. A. Aguirre ‘at that time denied that any furniture was being made in the prison or that any was stored there. He ‘refused to permit the representa- tives of The Call to inspect the furni- ture factory, where it was known that quantities of furniture was stored. One day, -after J. A. ‘Aguirre denled that any furniture had been made at the prison, he was asked by a repre- sentative of The Call if it were not a fact that he (Aguirre) was expecting to be appointed a Bank Commissioner by Governor Gage. J. A. Aguirre admitted that he ex- pected the appointment, and was then asked if it was not a fact that a quan- tity of furniture was even then being |+ made In the prison for the home that he would live in at Berkeley. The reply of J. A. Aguirre was, “You seem to know what is going on here.” WAGON LOADS OF GOODS. A few days ago wagon loads of fur- niture were taken from San Quentin prison and delivered fo the prison wharf. The articles were hidden away in_May last. ‘When the furniture, crated and marked “J.’ A. Aguirre, Berkeley, Cal.,” was taken to the San Quentin whart the articles were placed on the steamer Caroline. The Caroline conveyed the furniture to Jackson-street wharf In this city and there it was transferred to the tug Resolute. The tug then steamed across the bay, tied up at a.Berkeley wharf and the. furniture from San Quentin prison was: taken from the tug and placed in a warehouse. On the fol- lowing day the furniture was loaded on wagons and taken to the home at Berkeley where J. A. Aguirre proposes to live. The progress of the furniture from o R B ceedings. Your Honor, no doubt, f¥' famillar— 1 don't recollect the case, but I recollect read- ing of a murder case where they attempted to g0 to the Supreme Court of the United States, and before our court the objection was made. That has been raised in the Ojeda case and McNulty case. The .Supreme Court says it don’t make any difference, it is not the same arty. This Is not the party that was before udge Sloss—and notwithstanding that the Supreme Court in_all probability has decided similar points In other cases, stUl if there is 2 new question, this man is entitled to take his appeal, if if is decided against him. Mr. Preston—Section 1089 does not provide in terms for a restraining order on presentation of the petition. That is a practice such as— The Court (interrupting)—That is provided by_the alternatitve writ. Mr. Preston—And so provided by the alter- native writ. The Court—When there is a petition present- ed, unless presented on ten days' notice, the court is compelled to grant an alternative writ made returnable on some day to be fixed. In this case I looked up the matter. ‘The court is allowed by 1108 to use his discretion in fix- ing the day within certain limits. - In this case I fixed it in what I thought would be reason- able time to get all the parties in, on Friday of this week. Mr. Preston—Well, the ¢ourt has a jurisdic- tion—a general jurisdiction—extending 'over all causes that are presented to it. .It says there is no proceeding in which you may file a motion to dismiss. But if your Homor is without the aid and the assistance of -coun- | sel who are Interested upon the other . side, is the question, been led into making an or- der—induced to make. an order on a paper which cn Its face is & nullity, on a paper which on its face does mot confer jurisdiction on the court, on a paper which does not show by its reading that the party who applies has any right whatever to the rellef, to this extraordinary prerogative writ, then I take it, your Honor please, that it can be brought to the court under the usual :rules of practice at any time and Upon amy motice | which has been’ given: which is -right -for the counsel to hear.. As. my associate.-haes-said in this case, this motion for & -coutinyance is a very remarkable. thing, because this its i San Quentin prison to its destination at Berkeley was watched by represen- tatives of The Call and numerous pho- tographs were taken of the articles en route. H The Call will later on publish a full list of the articles of furniture and also el el photographs showing its progress from San Quentin to Aguirfe’s home at Berkeley. R Object to Use of Badge. 3 Willlam B. and Henry Morton of the Morton Special Delivery Company se- cured an injunction from Judge Cook yes- terday restraining John Morton, who con- ducts the Morton Transfer Company, from using a badge, which they claim is a fac simlle of the badge worn by their employes. They also demand 3500 dam- ages for losses they allege they sustain- &d because of the defendant's use of tha adge. —_———— Swiss Relief Society Picnic. The Swiss Rellef Society will hold its :’teenth annual excursion and basket pic- ic on Sunday next at Schuetzen Park. There will be extra attractions, including games, “tombola,” bowling for $35 in cash rizes, shooting for valuable prizes, danc- ng and an open air concert. The society is a purely charitable one ‘and the di- rectors hope that a large crowd will at- tend the picnic as the proceeds @ voted to a worthy caups hefsc e ——— ‘Workmen Killed by Falls. Samuel Brown, who was employed at the Union Iron Works, fell from a scaf- fold last evening and received injuries which resulted in his death. Brown wa-~ 26 years of age and lived at 9 Ten- T Rdoiph Vischt 1 schi, a ladder while working. on & Franklin street, between Hayves and Grove, yesterday and w! i (TR as almost instant- ——— THROWN FROM A BUGGY. Hayden, a collector for tha Western Most Company, was thrown from a buggy at sne corner of Baker and Grove and had bis collarbone broken oo Yesterday AGAIN DELAY LIBEL PROCEEDINGS Lawyers Fail to Show Up As Agreed Argument on Rives’ Werit Is Deferred tion has been golpg on_in different forms and different phases from_Police Court, from the Superfor Ccurt and through the Suprem: Court. It has been before your Homor on habeas corpus; it has been before Judge Fritz on _two or three motions; it has beert before Judge Sloss on a very elaborately argued mo- tion; -1t has" been before the Supreme Court on twg motions, ome for a ‘Writ of super- sedeas and the other.onm .an application for a writ of prohibition; and it is strange to say that having come. in and obtained ex parte a prerogative writ, which stays the action of a court of competent jurisdiction—and I uss the word competent advisedly, because this court has so decided: POWER OF THE COURT. care The Court (interrupting)—I don’t to hear any argument on that, Mr. Preston. I am satisfled that this would be treated the same as an injuncton, although In. the case of an injuncton there s a statute permitting the motion to be dissolved: But, as you say, where there is an entire lack of jurisdiction, it is always in thc power of the court fo hear a motion, especially where the original mo- tion’ has been granted ex parte to heéar'a mo- tion o set it aside. But wher counsel come in mow and say that this matter is fm another court, the only reason why there might' be some ground for continuance is that the rec- ord here shows some other counsel, it seems to me that reason s not sufifcient, and I think that some of them ought to be here ready to take this matter up. Although this af- fidavit does distinctly show that the mat- ter of the argument on this motion has been confided absolutely to Mr. Dunne, yet if' he cannot be here some of the other counsel should. Mr. Preston—Only by agreement among céunsel it was confided to Mr. Dunue; and on the same ground they might delegate it to- morrow to Mr. Moore, If he is engaged om Wednesday morning and Thursday morning they might agtee to delegate it to gfr. Foote, if he is still engaged in Oakland; 3nd in this maultitude of cotnsel on the floor the court will receive very little wisdom if all they have in mind Is the question of postponement. Thers are four counsel, and as. I say it is known to your Honor personally, through ome argum at least, that the brunt, the laboring ‘oar, has fallen upon MF. Moore. ~It.is the new eounsel, counsel which has been injected intg this pro- ceeding, which is now becoming somewhat moss-grown, somewhat old and a little wear and he says that he is engaged somewhe else; but the counsel who have been engaged in the brunt of battle and who are familiar with_this case, and who have appeared here at_all times and whom we recognize as our cpponents, are absolutely silent Mr. Campbell (to Mr. Nougues)—Cannot you get Mr. Moore here in an hour? Mr. Nougues—Nao. Mr. Preston—I submit to the court as a matter of common justice,’as’a questfon gov- erning-the discretion of the court and going to the discretion of the court, that where four counsel come for a writ, one of the high pre- rogative writs—— MATTER GOES OVER. The Court—One of the counsel ought to be here ready to argue the case. Of couzse, if they have relied on Mr. Duane to argue to- day, and he is not here, I don’t feel like forcing the case: on without him. . Mr. Preston—They don't say that. don't know that they defegatéd 1t to him. The Court—The court will delegate. it.to any of the other attorneys in the case. I will simply allow the matier to go over until to- morrow morning: I will let the matter go over now until it can be heard. Mr. Preston—It is suggested to me that Mr. Lermen is an attorney here representing Mr. Rives. Mr. Rives has not ew sworn to the petition. Mr. Lermen, an attorné§fvof this court, on behalf of Mr. Rives, has sworn to the petition, I don’t see him here. The Court (to Mr. Ashe)—Is that case set for to-morrow going on? # Mr. Ashe—I think not. . I think we could de- vote to-morrow morning to this matter. ‘The Court—I will continue it until to-morrow morning on account of the absence and engage- ment of Mr. Dunne; and one of the attorneys must be here then to argue the motion. Mr. Nougues—Why not continue it until fo- morrow afterncon? The Court—What is Mr. Moore doing?. perfectly familiar with this proceeding. Mr. Nougues—I was informed by Mr. Dufine he was engaged in—— The Court (continuing)—One of them can be here to-morrow. Mr. Nougues—Will your Honor make it 3 o'clock to-morraw 2 Mr. Campbell—Mr. Moore argued this case before Judge Sloss a. whole day, and'dt seems to me that we ought to start in in the morning. It seems to me that we will be up against .Ath same proposition practically in this case. If thi case of Mr. Dunne’s will take all the, week umtil Friday he will surely not be in any better fix. Mr. Moore or Mr. Lermen or some one ough to be here to commence it in the morning, and we insist on it going on, if your Honor will so or- der it, to-morrow morning. The Court—I have a jury case set for to-mer- row morning. If that goes om it will force this matter over until the afternoon. You can cere tainly go on then. It will have to go on-or else I will hear your motion. Mr. Campbell—I very much prefer to take the chances. If you have to get the jury then wes can decide perhaps and come back' &t 2 o' clock, 1 think we surely are entitled to that, in view of all these proceédings. The-Court—Sat J.%\muur down..then for to- morrow morning. T Will set it down for to- morrow morning at 11 o’clock. One of the at- torneys of record in this case must be here to We He is GAMBLERS" FOE 1o MURDERED Des'Moines Crusade Re- sults in Mysterious Crime. DES MOINES, Towa, ] Finklestein, whose crmadfifiu&st !;:: lic gambling closed the eight houses in Des Moines two weeks ago, was murdered a: 10 o'fllnck to-night on Walnut street at an alley entranc b, e between Sixth and He was on his way to hi than a block and a halt n:a;‘.[":vel::en‘&: man- stepped ‘out of the shadow® ot “the alley and struck him a blow on the head with a singletree. Finklestein ferl to the ground. Four men less: than' a block away saw him fall and ran fo: assist him. He was dead when they arriveq his skull being crushed. ) ave for the bloody single i was left beside the victim {hetrf):ll;':fi!’e‘ to the murderer is a report that a little after the time of the murder a man w: overheard to say to another: “I killea (g: +'' and at another time -a man was “Keep your mouth heard to tell another: shut.” The murder is supposed from Flnklesle!n'spgoctlonu} the gamblers. have resulted N prosecuti He did not object 15“33.'{,'5 lic gambling, but wanted the celve a revenue from it ho oo > i fell from a pwhen the Police did not Taid: the heuses & on complaint: Fhe he fied complaints with the Sherfir.. The ralds proved s that the gamblers closed theip. pinces. \\ BENEFIT AT 7 The bers and friends of dan PTES T N T, Youns Men's on .at the Chutes to-night fzed Will be devot ' ted to the sive