The San Francisco Call. Newspaper, August 26, 1902, Page 7

THE SAN FRANCISCO CALL, TUESDAY, AUGUST 26, 1902. 7 LINKS IN THE DIRECT CHAIN OF EVIDENCE HE fact has been es- tablished on the wit- ness-stand by Joseph Aguirre, general overseer, | and by H. A. Emslie, head 1 carpenter at San Quentin, | that furniture was manu- 0 + factured in the prison in ex- press violation of the law. | An ex-convict testified that furniture, carriages and buggies were made there, and that he painted these articles. He testified also tt he. saw quantities of furniture shipped out of the prison. Joseph Aguirre ad- mitted having made ship- ments. Captain Leale of the steamer Caroline, F. B. La- { tham of the North Shore || road, and S. D. Brastow, su- perintendent of Wells, || Fargo & Co., testified to || having received the goods | from San Quentin con- || signed to the Gage ranch. | Now comes John Simpson, railroad and express agent | at Downey, who testifies to to Governor Gage, to Mrs. Gage and to employes at || the Gage ranch to whom, by Mrs. " Gage, he was structed to deliver them. in- XX Head Carpenter Is Mixed in His Accounts. Missing Records of Work in the Shop EAD CARPENTER EMSLIE was the only witness on the stand yesterday, other than | Station Agent John Simpson. His testimony was remark- able for what Attorney Preston get some information from him re- rding the upholstering material used the furniture of Joseph Aguirre. The formerly testified that he stuff himself. Mr. Emslie said that he had no record of that sort material. He could not tell whether ve it to the upholsterer or whether upholsterer (a convict) furnished it bimself lonel te ; mony endeavored er had bought the Preston called the witness’ at- the fact that in his memoran- k he had charged Aguirre with end one-half pounds of hair and upholstery material. This was in the bill that was paid by Aguirre after the exposure by The Call. The head car- Gther penter could not remember why the stuff | was charged to Aguirre. The book was is book, he said, but as on a previous he testified that the handwrit- ing was not his. The charges made by him were from memorandum slips kep: in the course of the work dore and now piccumably lost. His testimony is as fol- lows: ccasion —_— EMSLIE DODGES FACTS LEADING ~ TO AGUIRRE HE principal interest of the day's I proceedings centered in the conclu- sive demonstration of the charges of The Call through the agency of the tell tale receipts bearing the signa- tures of the Governor and of the mem- MILES' TOUR OF PHILIPPINES 4Lieutenant General to Inspect Army’ in Archipelago. Special Dispatch to The Call. CALL BUREAU, 406 G STREET, N. V., WASHINGTON, Aug.2.—When Lieu- nt General Nelson A. Miles goes to the Philippines it will be on a tour of in- epection and with the approval of the Becretary of War. Nothing can be learned here in the absence of Secretary Root re- garding General Miles' contemplated visit to the archipelago. Acting Secretary nger sald to-day that the War De- partment had no statement to make in connection with the subject. permission to But little over one year ago Wwas granted Lieutenant General Miles meke a trip to the Philippines. The an- nouncement that he had been so author- ized was made by Becretary Root in a letter, in which he disapproved the scheme suggested by General Miles in 1900 for ending the war in the Philippines and ;urisl;‘rl:l(gmg }mstllltrle;! in the China cam: al 0 & successful close. Lieu t General Miles had a plan which wt;n&mn_ plated his going to tge Philippines with Tepresentative intelligent Cubans and Porto Ricans, who were to make the Fili- A i | | having delivered the goods L he failed to | » | | bers of his household and employes. Mr. Simpson held the witness stand the great. er part of the day. For a short time in | the forenoon H. A. Emslie, the head of the carpenter shop, was placed on the stand and developed a strong faculty for forgetting, and he dodged questions with | such skill as he had. He was first ques- tioned concerning a memorandum book regarding the transactions in the car- penter shop. This book he did not have in court. When he was pressed to say what it would show he declared that | there was nothing in the book in his own | handwriting. A sample of Emslie’s testi- is given: Q. —Now, you testified, did you not, on last Saturday, that you had a small memorandum- book, that you used to write down your trans- actions in, and that from that you told ur clerk what to enter in this book, which pur- ports to be a record of your work? A.—I don’t | remember. | Q.—It is defendant’s exhibit No. 22. A.—The | only memorandum-books 1 referred to were those books I had here the other day, the requi- sition-book and the memorandum-book. | Q o you call this a memorandum-book? | sir. Q—Do you call that requisition-book, about the eame size, that' was in evidence here, a | memorandum-book? A.—No, sir. | Q.—Then where is the third book which you | designated as a memorandum-book? A.—I had three books here altogether. Q.—1 never saw the third book. =ir. | Q—You were asked for it last Saturday | morning, were you not? A.—I have had three | books here for the last three or four days. | Q.—Now you have none except this one? A.— No, that is all I have got to-day None of these were in_your handwriting —any of the three books. Where is the book | that s in your handwriting? A.—I have got | no_book in my handwriting. | Mr. Preston: Q.—You have no book kept in | | your handwriting connected with the carpen- { ter eho —No, sir. Q u kept no book in your handwriting? | A.—No book: no, sir. Q.—And you did not keep any book in the | A.—Yes, | entries when the transactions actually oc- | | curred? A.—I kept a memorandum-book for | the general work of the prison—pertaining to | | the general work of the prison. | | e not by you? A.—By my order. | your orders? A.—Yes, sir. | Q Q.—And was that written In every day? A.— 1 judge so. | Q.—You can produce that book? A.—Why, | I have had it here three or four days. Q.—1 say you can produce it? A.—Yes, sir, Q.—You testified that you used to keep mem: | oranda on slips of paper, and that after you would put those slips of paper away, and that | after a while you would make entries from Hnnse slips of paper; is that correct? A.—I have Q. (Interrupting)—Who wrote the slips of pager? A.—I did. Q. —You did? ips of paper? A.—That book there. That is in this book? A.—Ye: Q.—Defendant’s exhibit 22. Ho: ir. long after you wrote on these slips of paper would it be { before you would malke entries in this book? ex- hibit No. 22? A.—1I reaily couldn’t tell you. Q.—Where did you get the upholstery mate- rial for Joseph Agulrre’s furniture? A.—1 didn't get States. General Miles also proposed, at a time when General MacArthur sald not a sol- dier in the Philippines could be spared, to draw 15,000 men from Manila to the China compaign. Both of these applications were refused, but the permission which the Secretary of War granted him to make an inspection trip apparently stiil holds good. Should General Miles not start for Manila for a month or so the chances are that General Chaffee will have turned over his command to Major General Davis and that he will have sailed for this country, where he is to teke command of the Department of the East, succeeding Major General MacAr- thur, who will return to the command of the Department of the Lakes. BOSTON, Aug. Secretary Cortelyou was asked this afternoon as to the state- ment that Lieutenant General Miles was going to the thpglnes, and he replied that he was going there by permission of the President. e Saw the Fatal Blow Struck. PORTLAND, Ore., Aug. 25.—Joseph Del- schneider to-day confessed to Chief Mc- Laughlin that he saw Andrew White strike the blow that killed Peter Beach- ene, a blacksmith in Goose Hollow, last Friday night. Delschneider says five per- sons were present when White struck the blow with a club. All were intoxicated. Delschneider says that White put his hand into Beachene’s pocket and took his purse. Beachene protested and White dealt him a blow on the head with a club, killing him almost instantly. White has Dot yet been apprehended. T WASHINGTON, Aug. 25.—The Navy De- partment has ordered a board of survey to Teport upon the condition of the gunboat Manila, which recently arrived home from the Aslatic station, with a view to converting that vessel into a recelving ship for the Island Navy Yard, ordinary course of business setting down the | A WELLY 7Y ~S 7A T O AG. IEAVINNG THE AL & JUTIEF Wi pge CENEFIC1ag, QUEN rin FR Aoy EF EXEGUTIVE'S RES LFRARCC En TRy $ GAse 5 OF S5a A5 IR 2ON FVT AT ZovvE Y | WELLS-FARGO RECEIPTS FOR GOODS DELIVERED TO GOVERNOR AND MRS. GAGE. s * charged against him fc in this exhibit No. 2: qust have turned ti must have turned or, that account Into my Q.—Is the upholsterer in a different depart- ment? A.—Well, he is in a different part of | the building. Q.—Under whose directions and_instruction did the upholsterer work? A.—Under mine oc- casionally. Q.—When he charges or returns to you mate- rial for furniture which you charge in your book, he must & heen working for you, must he not? A.—In s sent in to my shop from the different depart- ments to be repaired; 1 would send it to the up- holsterer, give it to him. Q.—To be repaired, you say? paired or made. Q.—And you would give it to the upholsterer? , sir. Q.—Then where would he get the materials to do the upholstery work? A.—I don’t know where he would get it. Q.—Although he working under vour ins know and cannot tell t ve A.—To be re- in your department, ructions, you do not e court where he ob- | following took place: he make gu Mr. Preston: Q. for other people? Q.—Do you know Q.—You do not? Q—What? A.— he made a chair and lounge for Captain Barnhill. Q.—Who is he? A.—He is employed at the prison. Q.—Can any employe of the prison walk .nto your department and instruct that uphol sterer to upholster furniture for him? A.— Well, I don’t know. Q.—Do you know ewvhen your books—defend- ant's exhibit 22 charges Joseph Aguirre on the 30th of June with 9% Ibs of brown corduroy, 10 1bs of hair and silk cord $1—where that up. holstering material came from—— A. (intepe rupting)—That was turned fnto my shop from the upholsterer. —Did upholstery —T dia. do. ISTHRAIAN TROOPS ARE REINFORCED Three Battalions Arrive at Colon and Go Into Camp. COLON, Colombia, Aug. 25.—The first batch of isthmian reinforcements, num- bering 600 men, which arrived here yes- terday from Savaniila on board the Brit- ish steamer Bernard Hall, consisted of three battalions of Santander troops un- der the command of General Rafael Rod- riguez. General Gonzales Valencia, com- mander in chief of the army of the in- terior, is expected to arrive at the isthmus with the next reinforcements. The rein- forcements of yesterday camped on Mon- key Hill last night, a mile distant from Colon. They are destined to strengthen the garrison of Colon. The British cruiser Phaeton arrived at Panama Saturday from Buena Ventura, where she went to protect British inter- ests as the result of the Colombian Gov- ernment’s action in attempting to compel the British steamer Ecuador, belonging to the Pacific Navigation Company of Liverpool, to carry Colombian troops to Panama. The Colombian gunboat General Pinzon arrived at Colon to-day with a few troops and some cattl KINGSTON, e. Jamaica, Aug. 2.—The Work ‘would be | made there; among the articles was this couch and I put it down here in this book. Then I hanged it and said I—I then made up my mind to have this stuff all charged in one bill. that entry is not a correct entry? that is an error. you return It, then, to the ac- e mill—through your book nst Mr. Aguirre? A.—As 1 said before, the upholsterer gave me the amount of that material. Mr. Preston: Q.—If the upholsterer used 50 yards of corduroy and 50 1bs of hair for Jo- seph Aguirre, and returned you 9% Ibs of cor- duroy and 10 bs of hair, you wouldn't knsw whether it was correct or not? A.—No—that is right—no. Q.—Was the upholsterer a convict? A.—Yes, sir. 5 Q.—This bock has been transmitted each month to the accountant of the jute mill? A.—Yes, sir. Q the time and in accordance with the dates shown by the book? Mr. Preston—That is a SUBPENAS WILL ISSUE TO BRING IN WITNESSES T the conclusion of the testimony A available, Attorney ‘Campbell made ¥ statement concerning witnesses ho had failed to obey subpenas of the court. He said that it had been expected to fill up therafternoon with the testimony of Joseph Aguirre. Counsel, had been informed that Aguirre had im. perative duties that called him away. Consent had been given that he might 80 _away and return on Wednesday. A.—Yes, sir. here to-day from Colombian ports, report- ed that the rebels of Colombia are in- creasing their forces continually and that there Is great activity in the vicinity of the isthmus. It is feared that the Gov- | ernment garrison at Colon cannot suc- cessfully defend the town owing to the | strength of the rebels. The Orinoco has as a passenger Captain Navarro, who is proceeding to the island of Trinidad to take command of the steamer known as the Ban Righ and Bol- ivar, which the Colombian Government is reported to have acquired from the Vene- zulf-lzim revolutionary party for warship service. PECULIAR POISONING CASE NEAR SAN JOSE Well Known Orchardist Becomes Iil After Drinking Water From a New Tank. SAN JOSE, Aug. 25.—A peculiar case of poisoning has just been made public. A. Rose, an orchardist residing on Mec- Laughlin avenue, near this city, is fa- tally ill as the result of drinking water from a new redwood water tank recently installed on_ his place. The water is be. ing analyzed to ascertain its ingredients. No other member of the family has yet been affected. Rose is a well known citi- zen of this county and the father of a large family. —_— Killed by a Train. MONTEREY, Aug. 2%.—The body of Reuben Meek, a teamster, was found this | morning lying in a cattle guard on the | railroad track about five miles north of here. Meek had evidently been struck by a train, as his head was crushed and his left foot cut off. The deceased was a native of Tllinois, 50 years of age. He leaves a wife and several children, who are living at Boulder Creek. e — Francis Foley, Mr. Gilardin and several others—and we have been continually en: deavoring to get Mr. Foley. The condi- tion of things is this: Mr. Foley we think appeared here at one time, during the time that we had the writs under way, and it was then understood that we did not want to interfere with the prison management, and the Warden, when he was here, agreed that any of those persons would come if we would not keep them dancing attendance on the court—that ‘they would come on tele- phonic communication. We have tele- phoned to Mr. Foley not less than ten times. He has, since the Warden was here, failed to respond to any of them. For the purpose of getting court orders for other witnesses who are confined in the penitentiary at San Quentin, we ask your Honor to adjourn from now until ‘Wednesday morning. Judge Fritz said that he remembered distinctly that Warden Aguirre made a statement to him that these witnesses would come upon telephone. ‘“However, we can't bind these witnesses by the statement of the Warden, and I think, Mr. Campbell, that you had better issuey new subpenas.” The hearing went over until Wednes- day morning. L R e e e e S e GOVERNOR ATTACHES SIEWTURE FOR BOX Continued From Page 6, Column 7. Q-Did you have nothing to do with the up- | Q.—Is this the little memorandum you made | “Now,” said Mr.’ Campbell, “we have | . A:—That was consigned ‘'George McDougall, | gether. o & nolstery? A'—In o way 1 did. - v 5 Shaxge against Josoph Aguirre on that bovk? | & daree number: of witnesses that havel T hhe ch e s time to sgfourn. We will| pe mros Hake up T st Juieh & you uee any material? A.—I didn't ' A.—I can explain that; he had several articles | not obeyed the subpena of this court— | take a recess until 2 o'clock. celpts that you have testified to here, for in- 0 Gt e e o MW%’P%WHW’PH’WP e pinos satisfied with their Iot by telling of v Pheiors med,yith, thelr lot by telling of British steamer Orinoco, which arrived tions and all the circumstances surrounding us. OHID"S COURTS ARE IN-GHAOS Legislature Is Called in Extra Session to Remedy Evil., COLUMBUS, Ohio, Aug. 25.—The Ohio Legislature convened at 3 p. m. to-day in extraordinary session to enact laws to provide for the government of municipali- ties and to restore lost jurisdiction to the Supreme _Court, these matters haying been rendered chactic by the action of that court during the early summer. The Governor's message was received, after which adjournment was taken. In his message Governor Nash calls atten- tion to the act passed last May depriving the Supreme Court of nearly all the ap- pellate jurisdiction formerly possessed by the court. The repeal of the act is recommended. Continuing the message says: During the last days of June the Supreme Court of the State handed down several de- cisions which practically deprived our muni- cipal corporations of all government. It is apparent that this is an extraordinary occa- sion which needs a remedy at the earllest pos- sible moment. Constitutional government must be restored to our citles and villages. The labor demanded of us is not so much a work of construction as of readjustment. The ques- tion now is not what we think would be a “‘model” municipal government, but what we can get, considering the constitutional limita- RECFIPT 708 NVICT-MADE ARTIGLES ARE TRAGED FROM THE GATES OF THE STAT T0 THE VERY DOORS OF THE CHI IDENGE GAGE > ofe SIMPSON_TELLS HOW_SHIPMENTS ARE ACCOUNTED T the afternoon session of the court A additional receipts were testified to by Witness Simpson. Those that were introduced in the foremoon were marked for identification. One of the receipts that Mr. Campbell now call- ed attention to was for a refrigerator ! signed for by D. Mendias. Witness Simpson testified that the refrigerator was deliv- ered to Mendias. A sofa, one couch (boxed), three crates of furniture, all de- livered to Mendias, were testified to as having been received at Downey for the Gage ranch. Mr. Campbell asked whether | the witness knew of his own knowledge of furniture coming from San Quentin ana being delivered to the Gage ranch, aside | rom the receipt: A.—I would hi refresh my memory as to tho dates. er handling the furniture through the house, | though, from the cars to the Gage ranch, but |as to the dates and the particular shipments, {1 couldn’t remember them. 1 remember hand- | ling the furniture. Q.—Do you semember of any amount of | to look at the receipts to | I remem- | furniture remaming in_your house for any | amount of time? A.—No, sir; not any great time. | Q—About how long, if you remember, did | ;any of it remain in the warehouse? What | was the longest time? A.—I think there was | an invalid chair that remained there several days. | They gave their reason for not taking | it out that the family was in Sacramemto. | | Q—Have you any recoilection of having had a conversation with Mrs. Gage in raia- | ! tion to furniture that was In your warehouse? | Just answer that yes or mo. A.—Not with | {Mrs. Gage. I had a conversation with her { ma | Q—Who was that? A.—D. Mendias. Mr. Whiting—We object to the question as incompetent, irrelevant and ‘mmaterial. 1 A. (cortinuing)—I asked him to arrange to | | have the furniture taken out of the house | as soon as possible. | The Court—Never mind, Mr. Simpson. | Mr. Campbell: Q—Did you ever have any conversation with Mr. Gage about it? A.— No, sir; not that I remember of. | Mr. Campbell—That Is all. ! | The cross-examination by Mr. Whiting | brought out that the process and method | of conducting business at the Downey | Station is as follows: A.—As soon as we recelve the bills we enter these in those delivery receipt books, and then {twice a month we take the bills and make | statements and abstracts. Abstracts are for- | ‘warded, and statements of bills recelved anl | the totals. The waybills m correspond and agree with the books. o | Q—How many men have you employed? A. | —Just_one. | Q—One man? A.—One regular man. | _Q—Well, you yourself don't actually receive | the goods, do you? A.—Oh, yes. Q—Do you take the manual custody of the g00ds yourself? A.—TYes, sir; we work to- | | & | | The task must be approached with a spirit of “‘give and take,” and with a determination to accomplish something which will bring order out of chaos. It is time encugh to attempt to have our favorite ideas in regard to municipal- itles incorporated into law after order has been restored and when the General Assembly has ample time at its regular session to discuss and consider them. The Governor traces briefly the history of constitutional government of munici- palities in Ohio, advises that the Legisla- ture ignore the requests for a constitu- tional convention and submits a municl- pal code bill, the enactment of which he recommends. OIL PRODUCERS ACCEPT OFFER OF NEW RAILROAD Company Proposes to Build a Line From Sunset District to the Seaboard. BAKERSFIELD, Aug. %5.—At a meet- ing of producers held at the office of tife Diamond Oil Company at Sunset to-day it was determined to accept the offer made by the promoters of the new line of railroad proposed to be built from that district to the seaboard. The railroad people ask for a guarantee of a daily | shipment of 5000 barrels. More than 3500 barrels were signed for from Sunset and Midway, and it was the opinion of those at the meeting that the balance would be made up in a short time, There is to be a meeting of the Board of Trade this week to consider the mat- ter from Bakersfleld's standpoint. A meeting of citizens doubtless will be called at an early date, as it is regarded | as a fine opportunity to get an outlet to the coast on most favorable terms. o OKLAHOMA CITY, O, T., Aug. 25.—Willie Hargrove and Otis Montgomery, each twelve years were knocked from the top of a freight car in the yards here and run over and killed to-day. . probably by tramps £ PRISON FROM PRISON T0 THE HOME OF GOVERNOR ROM San Quentin to Downey is a long stretch, but the trans- portation of goods from the prison to the home of the Governor was made easy by water and rail communica- tion. When Governor Gage denied that he was a bene- ficiary of the work that was being done in San Quentin in violation of the law, and was moved to bring criminal libel proceedings in answer to the charges, as the only hope he had of securing the renomination for Governor, he overlooked several im- portant things. He forgot, for one thing, that records | are kept of all goods han- dled by transportation com- panies. When a shipment is made a waybill is made for it, and the number of that waybill follows the goods until they reach their desti- nation. The waybills on goods shipped from San Quentin were followed until they were stopped by re- ceipt at the Governor’s home. —b Startling Testimony by Railroad Furniture in Loads for the Gage Ranch. stance, in your book? from the waybills. Q.—From the waybills? A.—Yes, sir. Q.—You don’t make them up from the goods themselves, do you? A.—No, sir. When we re- ceive the waybills we check the goods; we check the waybills with the goods. Then the waybills_are entered in the delivery receipt books. The waybills and the freight must cor respond. If there is a shortage a notation is made on the waybill and also on the book. Q.—Well, these records here—these receipt books—are made up, then, from the waybills, A.—They are made are they not? A.—Yes, sir. Yes, sir; sup- posed to be an exact copy of the waybill. Mr. Whiting—Do you examine the goods themselves, the marking of the goods, to see whether they correspond to the way-bills? A. —Yes sir, Q.—Do ‘you always do that? A.—Yes, sir. Q.—Well, the marking of the goods, that is. the address, the name of ths party to whom | they are sent, and from where they came, and is it where they are going, and the vaiue, et made up by you from the way-bill, A.—Yes, sir, —Then in testifying to these things hers you base your testimory on your receipt book, don't you? A.—Yes, sir. Q.—Entirely? Q.—Is that correct? Q.—Yes, that is based on your A.—Our way-bills are copied on the books, if there is any inconsistency, shortage, or any- thing like that, a notation would be made on the receipts as well as the book. Q.—Now, these goods that these receipts cail for were boxed, were they not, and crated, packed? A.—Well, some of them; them came in bundies. Q.—In bundles; but they were all packed. were they not? A.—Yes, sir Q.—You couldn’t identify any particular plece of furniture or anv particular article, cculd you? A.—The contents? Q.—Yes, sir? A.—No, sir, I couldn’t. Q.—You have no knowledges of the contents of the bundles? A.—No, sir; I couldn't open the boxes, and don’t unwrap the packages. The receipt is given by the shipping agent as said to contain so and so. Q.—Then you are not able to identify any of is some of | these articles that you have testified to, are you? A.—I don’t understand your question. I am ready to identify the packages. Q.—The packages—but outside of the pack- ages? A.—And according to the book. If the book reads three crates of furniture. I am ready to identify them. If the way-bill called for three crates of furniture, I will swear that I received the three crates of furniture. But to say what the articles of furnifure were, while they are under cover, it would be Im- possible to do that. Now, these goods that you speak of, where were they received—at Downey? A.— Yes, sir. Q.—Well, these recelpts speak of Port Los Angeles. What is that meant on these re= ceipts? A.—That means that they came dowm from San Francisco by steamer to Port Lo# Angeles, and they are taken by the raflroad company, the Southern Pacific Railroad Com- pany, and billed to Downey, on a Port Los Angeles way-bill, B e e e e ] MURDERERS TRY T0 BURN A BODY Hope to Obliterate All Trace of the Crime by Fire. POCATELLO, Aug. 25.—The body of a man, half consumed by fire, was found near Downey Station yesterday afternoon. A telephone message was re¢eived from ‘Coroner Bean this afternocon giving the detalls of what seems to have been a mur- der. The remains were found a mile and a half north of Downey Station and have since been identifled as those of a man named Bruce, well known as a printer in Pocatello. When found the body was a mass of roasting flesh, blackened almost beyond all recognition. A burning tle lay across the body and a burning cloth was over the face. Burning ties had been heaped around the body and in a lttle more time would have been completely consumed. Coroner Bean in his investigation found three bad cuts on the head, one above the ieft eye and two on the back of the head. From the position of the body Bean is confident that the man was m then placed among the burning tles in order that all evidence of the crime might be L