The San Francisco Call. Newspaper, August 23, 1902, Page 2

(&) THE SAN FRANCISCO CALL, SATURDAY, AUGUST 23, 1902 FROM SIN QUENTIN PRISON T re: L o i [ | [ i duced waybills of many packages and crates of | furniture. 0 THE RANCH OF GOVE QVERN FURNITURE 15 SENT BY RAIL i ill} IND. EXPRESS FB LAaTHAM NG \Bfi/g,gl‘yfi_ BlLLDS Many Packages (o 1o Home of the Eeculve. | Witnesses Tell o Goods That Were Transnorted. LOSER = e \ \'}‘,u A the home of| Governor Gage does the | evidence bring bulks of | urniture which were manu- actured by convict labor in n violation of the to f the prison, brother Aguirre, can. no longer b knowledge of the quanti- T 1ade stock which were | tile across the bay. | pment is before the imony but nony of black | /itnesses called to the roved that stacks of cen shipped from San Downey ranch of Gov- receipts and waybills were which showed the ch the goods were The furniture came from | home to this side by rail | | direct. The steamer Caro- ch carries supplies to and from | | n pressed into service the goods were sent rth Shore road, and numer- were dispatched by Wells, 's express. Crates and| essed to members of the | r's family at Downey, and one H. T. Gage. H essed to D. F.| ! geon at Sacra- marked, “From 1 of Los Angeles d two crates, one contain- | | e other furniture. This /arden Aguirre. . To e was marked a box other packages and | 1 there were other crates /‘”\ IDENTIFIES ' \wELLS FARGO WA-BILLY \ \ packages addressed to | n the Governor’s | home. There were pres- her people in Los Angeles | ¥ city he evidence. The court ruled so, and | Assistant District Attorney Whiting in- | formed the witness that he was there for | | the purpose of objecting to questions Receipts Are ldentified. 1g receipts of the goods came by the Caroline were identi- | 4 y C W. G. Leale, the Pilot | which were irrelevant or improper. At- and master of the|torney Campbell returned his fire in even language, and the situation for the moment was picturesque. : Tim Whalen, an ex-convict, occupied ! The waybills of the express | y were produced ‘and identified tow, superintendent of . K £ c & Co.: the waybills of | the stand in the morning. His testimony re road were vouched for | was corroborative . and interesting. by F. B. Latham, general passenger and | During the last year or so of his_ incar- freight agent of the railroad company. | ceration he had been employed in the Governor Gage may deny the | dining-room, which gave him about two charges of The Call and cry libel. He | hours’ work a day.: In the aftemqon he has appealed to the courys of law to | chummed with Virgin, who was in' the wipe out the stain on his name and| Warden’s private carpenter-shop. He fame. He has demanded proof of the | saw the futniture being made and serious charges and he is getting it fast. | watched it as it was shipped from the Just 2s fast as thé machinery of the law | shop. * He knew that the Legislature can set it in motion is the proof beinmL had passed a law making it a crime to ground out, and each sitting of the|do such work, and he made a memoran- court brings out more damaging testi- | dum of each shipment, the date and the mony against the Governor of the | piece of furniture. State. | Asked as to why he had done this he Joseph Aguirre, that interesting wit- | said he did not know. “A convict is a ness whose memory plays him such | strange animal,” he said. “He is kept tricks, furnished important testimony | tab on for wrongdoing, and when he yesterday as to the sustenance of the | sees those in charge of him doing Warden's house at the prison. He | wrong it is a sort of satisfaction to keep he family of Governor Gage | note of it.” visitors at the house and| The testimony of Whalen was only ed there for months at a | corroborative, but it is given for what it living was, of course, at-the | may be worth. The fact that furniture expense the State and the cost of | was made in the prison in violation of sustenance was proportionately higher. | the law has been established. and the To bring down the expenses of the War- | fact has been proved that furniture was den’s establishment a transfer was made | shipped out of the prison to the home in the commissary’s boo One item | of Henry T. Gage. The trial of Mr. of $311 67 in the Warden’s sustenance | Spreckels and Mr. Leake goes on again account was cut down to $111 67 and the | at 10 o’clock this morning. of difference of $200 was charged to the | 4 account of the guards’ mess. i REA DS L'sT OF This matter was called to the atten- tion of Mr. Aguirre and he admitted | FURNITU RE MADE having been told of the substitution. | He promised to produce in court this S U NT morning the book in which the changes |N AN E IN il been sade. IMOTHY WHALEN of Sas | o n Fran- Questions Come Too Fast. | cisco was the first witness called at The questions of Attorney Campbell | the morning session, He testified were coming too fast for the witness| & ro‘rha;f:‘:e:“ = lnm:teu?f 05 k- 2 dodge them. He ap-| years an ree months. and he strove to 1 € ap-| During that time he entered in a memo- plied to the court for protection, saying | randum book a list of the furniture -he that if he were outside he could pro-|saw in p;ocess old manufacture at the 4 . . | prison under Warden Aguirre’s regime. :“‘n h,g;self‘.( ;1"11;'-’;[:,7;;"“"11;‘%25:“ f‘; | His testimony was as follows: is outbreak, £0| t q > Mr.. Campbell—Now, kindly look at fined himseli to questions pertinent to |'memorandum, it you need that to refresh ;::: memory, and state the articles; that you saw manufactured and in process of manufacture at San Quentin prison during the time you were tflere. A.—There was made September, 1899, two inlaid tables, taken to the Warden's house. September, 1899, hat-rack and a large table. In November, 1899, hat-rack and inlaid table. December, 1899, 6 bird-cages, one inlaid table —no, this inlaid table was made down stairs by Charlie Irwin. These six bird-cages were all made upstairs. The inlald table was made downstairs, that is, in Mr. Emslie’s depart- ment. February 19, 1900, hat-rack made of horns—that is, the stays to put the hats on were horns. Q—And what was the frame of it? A.— The frame of it was black walnut. March, 1900, 3 bird-cages. April, 1800, 2 inlaid ta- bles. Mr. Whiting: Q.—Two inlald tables? A.— Two inlaid tables. May, 1900, 4 bird-cages made; at the same time there was made two dirk knives and a hunting-knife, made by Mr. Murphy, inlaid. - That is, the ends were inlald with pearl. Mr. Whiting: Two dirk-knives and what? A.—And one hunting-knife, They were made in the—what is termed the old hospital. Now it is called the morgue. He had a shop in that department. June 2, wardrobe and hat- rack was made. July 2, pleture frames. Mr. Whiting—1900? ~ A..—No,; 1901. No, that is 1900, That is right; 1900, that is right. Q—What was made then? A.—Two plcture frames. June, 1901, 2 bedsteads. Mr. Campbell: Q—Of what? A.—Of ma- hogany. That is what you call double bed- steads, family bedsteads. July, 1901, 4 plc- ture frames. May, 1901, 4 bird cages. Now May, 1900, there was a double set of harness brought in and on the bridle there was made out of ivory— Mr. Whiting—Made in_the carpenter shop? A.—No, I sald it was brought in the carpenter shop from outside, from the stock department. It was brought into the stock: department— from the ‘stock department upstairs in Virgin's place, and a man By‘th¢ name of Russell did the ivory work. Mr. Campbell: Q.—What was the ivory work on this harness? A.— The ivory work consists of around the bridle. I don’t know what you would call it exsctly. Q.—A rosette on the side? A.— Yes, sir; a rosette—yes, sir—of the letter “G,” made the letter “G” and put it on the harne: Mr. Whiting: Q.—What did you say was dene with it there? A.—I say Russell did that with it, Q.—It was brought into Virgin's place? A. —And Russell did the work on it, Q.—And Russell did what work? A.—The ivory work; this Russell works in the machine: shop. August, 1800, another inlaid table mads by Charlle Irwin. That is made downstairs i Mr. Emslie's department, and a rolling- desk, both made by Irwin. September, 1900, an inlaid table was made. December, 1800, a looking glass frame. February, 1901, two en- larged frames—I should say .inlald frames, or frames—large frames, and they were iniaid, have inlaid work in them. Four checker boards and four crib boards. May, 1901, four bird cages, two checker boards, two Inlaid boxes. Mr, Whiting—May, 1901, wvhat was that.| again? A.—Four bird cages, two checker boards, two inlaid boxes. July, 1801, bedroom set made, Q.—Out of what material? A.—Mahogan: have got down. Q.—That is all you know of? A.—That is all I know of. Q—Do you know whether or:not those arti- cles which you have enumerated were taken away from Virgin's shop? I don’t want to know about any hearsay, but were they taken out of that place? A.—Yes,: sir. Q—I understand you don‘t know where they went, do you? A.—Well, no, only from hear- say. Q.—I don’t want hearsay. ' 'Were any of them to “your knowledge_packed ‘before they were taken away? A.—Yes, sir. Q.—How were they packed, if you know? A.—They were packed in boxes. In the first flllce they were wrapped up in blankets—those that went out that wasn’t packed, went out with blankets around them. Q.—Well, by ‘“‘packed in boxes’ do you mean crated? A'—Crated. Q.—In crates made there? A.—Made there. Q.—Wes the crating made there? A.—The crating was made right there in Virgin's shop. Q.—You say you don’t know to where they went? A.—No; personally, I don't, L5 Q—Now, did you see any marks on them? As to where they were marked to go? A.—No, sir, T don’t think I did. Q.—About this harness; did it go away from Virgin's shop? A.—Yes, sir; it went out again out of the shop, Tt went out'on the commissary wagon. Q—Sir? A.—It went out on the commissary wagon, Q.—You don't know of your own knowledge where that went? A.—No, sir, I do not. Q. —Was it single or double harness? Double harness, Q.—If you know, what was the character and quality of {t?’ Was it plain harness or fine harness? A.—It was a very nice harness, double buggy harness. Q.—Now, since how long is it that you have been out of San Quentin? A.—I will be out one year on the 25th day of this month. Q—Have you sean Warden Aguirre since the timo, the 24th day of May, this year? A.— es, sir. A— Q.—Where did you see him? A.—At San Quentin. i Q.—How dld you come to go to San Quen- tin, or see him in San Quentin. A.—He sent for me, Q.—DId you have any conversation with him there at San Quentin after he sent for you? A.—I did, sir; I was taken .to his residence. Q.—Who was present? A.—Captain Leale. Q—Captain Leale? = A.—Of the ‘steamer Caroline, Q.—And who else? A.—The Warden’s broth- er was there a short while. Q.—Yes, sir? A.—And Figaro, Figaro was the man that came after me. Q.—Figaro? A.—Yes; he is the one who keeps the saloon. Q.—Please state the conversation that you L S o a2 o ) Piles Cured Without the Xnife. Itching, Blind, Bleeding or Protruding Piles, No cure, No Pay. All druggists are authcrized by manufacturers of Pazo Ointment to refund money where it fails to cure any case of piles, no matter of how long standi@ie. Cures ordinary cases in six days; worst cases In fourteen days, One application gives ease and rest. Relieve itching instantly. This is a new discovery, and is the only pile remedy sold on-positive guar-~: antee, no cure, o pay.: A free sample will be sent by mail to any on> sending name and aa- dress. Price 50c, If your druggist don’t keep it in stock send 50c in stamps and we will for- ward full size box by mail. Manufactured by PARIS MEDICINE CO., §t. Louls, .Mo., who also manufacture the celebrated ¢old cure, Laxative Bromo-Quinine Tablets. ¥ That is_about all of that I | | had with the Warden at that time and place? | A.—Well, he naturally asked me how I was | getting on, and I told him I was getting along very nicely. I said he knew where 1 was work- ng—I said *'I suppose you do'’—and then he started off and he said, ‘‘By the way, you_know what was made down in the shop down there?”" I sald, ‘‘How do you know that? He said, “Well, Virgin told me.” He said, ‘‘He told me that you kept an item of everything that was made down there.” He wanted to know if he hadn’t treated me well while he was Warden down there, and I sald ‘“Yes, I had no_kick coming at all; he had treated me very well in- deed.” And then he wanted to know what was my object in_ stating that these things .were made. there—that I said that when I was over here. And I told him I didn’t state anything much about it. He said he heard I had. I said I didn’t. And I went on and told him that I was not seeking any notoriety; that I.had had sufficlent notoriety in life, and didn’t want any more. And he asked me to not state anything about anything that was made there—turniture. But I didn’t say anything. I didn’t say aye, yes or no. I didn’t tell him' whether I would. or would not. And that is all the conversation We had. Well, we talked a minute on that, and talked a little on osher matters that have noth- ing to do with it. CROSS-EXAMINATION. Mr, Whiting: Q.—What was your. position there, Mr. Whalen? ' A.—Well, for thres years 1 was clerk of the jute mill; for three years I Wwas shipping clerk, and for the last two years 1 was in the dinifig-room; that i, the prison Q.—What connection did you have, if any, with the carpenter shop? A.—Well, I had no connection with it, but I was working right there. And Virgin and I was friends, and I was with him every day. Q.—How did you come to make these mem- oranda and_things—of things that were being made there? A.—Well, it was natural. first place, it was something out of the ordi- nary to start a carpenter shop up there, because it never was done under any administration, and a ‘‘con” is a queer thing—a ‘‘con’” is & queer animal sometimes, and he is inclined to keep an item of everythidg that goes on, be- cause they keep it on him. And if I knew it was wrong naturally I #ould keep a memoran- dum of it. In other words, I knew it was against the law. Mr. Campbell: Q.—Mr. Whalen, do you re- member the time that there was a change of Wardens? A.—Yes, sir. Q—Was there at that fime an inventory taken of the material that was on hand in the prison? A.—Yes, sir. Aq.i—gxl: you assist in taking that inventory? Q.—What part did you perform in that? A. —1 wrote-it up, ood on_that plage, and if so, about how much? A.—Well, yes; there was lots of hard- wood on hand. Q.—Was there any mahogany? A.—There was. Q.—Was there ahy maple?. A.—There was, there any ash? A.—There was. there any ebony? A.—There was. there any rosewocod? = A.—The: any oak? any cedar? A —There was. ‘A—There was, nut. Q—Have you any recollection as to ths amount of these various woods that were there? A.—Well, T can't exactly tell you how much there was’ of each. I know the total. 1 know what the’ total amounted to altogether. W N 1 can give it to v s e Aoy ety 1t amaonnted g Cwell— A.—_Well, it amounted to be- 7000, : tween $6000 and \ \ e e WITNESS WHO SUPPLIED LIST OF MANY PIECES OF FURNITURE MADE IN SAN QUENTIN, AND OTHERS WHO TESTIFIED. Q.—And the wood was of the value of— ‘The wood was valued ‘at that. i RECEIPTS ARE IDENTIFIED BY CAPTAIN LEALE ILLIAM G. LEALE of the steam- er Caroline was called to the stand. identified by. the witness. The witness testified as follows: Mr. Campbell—Does the steamer Caroline now and did it In the years 1900, 1901 avnd 1902 make any ‘trips between San Quentin prison and San Francisco? A.—Yes, sir; about three trips & week, Q. —What was the practice—was It the prac- tice of the steamer to issue receipts for freight received at San Quentin? A.—Yes, sir, Q.—I show you what purports to be a re- ceipt dated “Original. San Quentin, March, 1902, and ask you whether or not you recog- nize that receipt? A.—Yes, sir; I recognize that as one of quite a number of receipts that were stolen from me by & man named Adams, who claims that he got $2500 from t] - prietor of The Call for it, Rt Mr, Campbell—Is that the receipt which was lssued by the steamer Caroline for fur- niture or for a package received at San Quentin [showing]? = A.—Y r. Q—Now, I show you twelve recelpts and ask you whether they are the same [showing]? A.—Yes, sir. Q.—All those which I have shown you, are they f are they not original receipts issued by thé steamer Caroline for freight received at San Quentin? A.—Yes, sir. Q.—To whom did you deliver these pack- ages? A.—Mostly to a man named McLaugh- lin—McLaughlin, who had an express wagon on Jackson street wharf; anything of that kind I had when I had no instructions other- wise I would turn it over to him to deliver it. Mr. Campbell—I will read them now, it your Honor please, The Court—Proceed. Mr. Campbell reads receipts as follows: S. QUENTIN, Mar., 1002. Received from Geo. MacDougall in good order, on board the Caro- line, the following packages, con- tents unknown, to be delivered at Downey, Cal. !g-rk;;l D all, age eo. MacDoug: care of G ranch, Downey. # 4 crates furniture. 1 bx plants. 5 S. QUENTIN, Febry 17th, 1902. Received from G MacDougall R R e owing packages, Kn ‘e delivered Q—And walnut. Was there any curly or | COBtent: own. to fancy redwood? A.—Well, I wouldn't say | #t Do i whether there was or not. <= Mfirkfil‘e @-—Now, do you know whether or not thess ealh: MacDopeall, care of Gage ::?:; were put into that Inventory? 'A.—They 2\ "wn“" Sl g 6 boxes sundries. 1 o Ship this and mail receipt . S %e”sout-ll, San Quentin’® Ship e SAN QUENTIN, Mar. 1ith, 1902. Received from Geo, Mac! ' good order, on board the Caroline, the tollowing Shipping receipts were | R HENRY T. GAGE AT DOWNEY . UANTITIES of furniture were shipped from San Quentin prison to the Gage ranch at Downey. This fact was established yesterday in court when three witnesses identified shipping eipts and waybills of goods taken from the bastile across the bay and transported to the Governor’s home in Sout.herr} California. Th.ese. goods fraversed dwers. routes }tlo their destf— nation. They came from San Quentin by express, by rail and by steamer. Captain W. G. Leale of the steamer Caroline identified the shipping receipts shown. to .}urn, “{th i are le_gal evi- dence of furniture which was started on its way to the Governor’s home by the Caroline. The latter vessel has f_or many years carried jute bags from the prison to t}u§ side, returning WlthYSUP‘ plies for the penal institution. Captain Leale is one of the Pilot Commissioners, to which position he was appointed by Governor Gage. The general passenger and freight agent of the North Shore Railroad Company produced waybills for crates of furniture which had passed over his road on the way to the Downey ranch. Superintendent S. P. Brastow, of Wells, Fargo & Co., pro- 10 EAECUTVE AND FAMILY Striking Evidence Comes Qut at Trial ippifleceipts Identifi Agents. —b packages, contents unknown, to be delivered at_Downey, Cal.: Marked Geo. C. MacDougall, care Gage ranch, Dow- ney, Cal. I-roll burla S. QUENTIN, Sept. 30, 01. Received from Geo, MacDougall, in good order, on board the str Caroline, the follow- ing packages, contents unknown, to be de- lvered at Los Angeles: Marked. Miss Lucy MacDougall, Los Angeles, Cal. 1 crated table. 5. QUENGIN, Aug. Sth, 1901, Received from M. G. Xguirre, in good order, on board the Caroline, the following packages, contents unknown, to be delivered at Downey? Marked Domingo Mendias, Downey. 3 crates furniture, 1 crate ditto. . SAN QUENTIN, Cal., June Tth, 1901 Recetved from M. G. Aguirre, Warden Stal prison at San Quentin, in good order, om board str. Caroline, the articles énumerated below, to be delivered at Downey: Consignee, Marks and Destination, Domingo Mendias, Downey. : Welght. Bx. Furniture, Articles. 1 SAN QUENTIN, Cal., May 29th, 1901 Received from M. G. Aguirre, Warden State prison at San Quentin, in good order, on baard str. Caroline, the articles enumerated below, to be delivered at Downey (L. A, Co.): No. Pkgs. Consignee, Marks and Destination. Domingo Mendias, Downey, Cal No. Pkss. Articles, Welght. Bxs. Furniture. 2 ., Co. -8AN QUENTIN, Cal;, April 3rd, -190% Received from M. G. Aguirre, Warden State. prison at San Quentin, in good order, om board stmr. Caroline, the articles enumerated below, to be delivered at Downe: Cal.: Consignee, Marks and De: ation. Domingo Mendias, Downey, Cal. No. Pkgs. Articles, Weight. 1 Crate Furniture, SAN QUENTIN, Cal, 7-23-190L Received from M. G. Aguirre, Warden State prison at San Quentin, in good order, oum board Caroline, the articles enumerated below, to be delivered at Dowmey, L. A. Co.: Consignee, Marks and Dest'aation, Domingo Mendias, Downey. No. Phgs, Articles, Welght. 1. Crate Furniture, S. QUENTIN, Mar, 1902. Received from Yorba, in good -order, om board the Caroline, contents unknown, Angele Marked. Mrs. F. A. Yorba, 722’ New Hizh St., Los Angeles, 1 table. 1 crate hld. goods. 1 bx. do. 2 bbls. do. 1 crated trunk. Please prepay and send me the bill. MacDOUGALL. SAN QUENTIN, Cal., June Tth, 190% Received from M. G. Aguirre, Warden State priscn at San Quentin, in good order, om board str, Caroline, the articles enumerated below, to be delivered at Los Angeles: Consignee, Marks, and Destination, J. W. Wolfskill, Los Angeles, Articles, Weight. 4 PBx. Furniture. SAN QUENTIN, Cal., May 17th, 1901. Recefved from M. G. Agilrre, Warden State prison at *San Quentin, in good order, om board str. Caroline, the articles enumerated below, to be delivered at Los Angeles the following packages, to be delivered at Log Consignee, Marks and Destination, . A. Hammel, Los Angeles. No. Phkgs. Articles. Welght. 1. Bx, Glass. 1. Bx. Furniture. ] To be shipped by str. to L. A. SAN QUENTIN, Cal., 7-24-1901. Recelyed from M. G. Aguirre, Warden State prison at San Quentin, in good order, om board str. Caroline, the articles enumerated below, to be delivered at S. F. Constgnee, Marks and Destination. w. F. Roe?elr. 8 F. e Articles. stxht st s Crats Furniture. SAN QUENTIN, Cal., 7-24-1901. Received from M. G. Aguirre, Warden Stats rison at San Quentin, in good order,..om Board str. Caroline, ths, articles enumerated below, to be delivered at S. F.: ‘Consignee, Marks and Destination, 2'C aley, S. F. e No. Pk Articles. elght. e, Crate -Furniture, D. H.. care Sergeant Brophy. WAYBILLS SHOW HOW FURNITURE WAS SENT AWAY , B.. LATHAM, general passenger F and freight agent of the North ¢ Shore Railroad, was the next wit- ness called. He also identified re- ceipts for goods sent over his line to this city for shipment to Gage's ranch at Downey, Cal. In part his testimony was as follows: Q.—I show you a document, just for identifi- cation, marked No. 396, North Pacific Coast Continued on Page 3, Column 5. Dragged-Down Feeling In the loins. de- Nervousness, unrefreshing -sleep, spondency. 1t is time you were doing something. The kidneys were anciently called the reins—in your’ case they are holding the reins and driving you into serious trouble. 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