The San Francisco Call. Newspaper, November 12, 1902, Page 4

4 OFFEALS GLL | CHAREES FALSE Northern Pacific An- swers in Securities Company Case, —— | Claim Is Made That Compe- tition Will Not Be | Prevented. | T { WASHINGTON, Nov. 11.—The answer Bf the Northern Pacific Railroad Com- pany to the bill of complaint of the State ©f Washington in the case of that State | kgainst the N Securities Company was filed to-day the United States Supreme Court. The brief is signed by General Counsel Bunn of the Northern | Pacific and fal of *“all f | is snanner of nation and conspiracy it is charged.” | | In detail, ¥ denies that the con- | | struction of branch roads will be Jessened | | by the format the Securities Com- | | pany; defes competition will be| | diminished and that rates will be ad-| | claiming that, on the contrary, | been reduced since the merger | | d; says it has po information 1 controls a mo- | he Securities Com- | enies that J. Pierpont Morgan on §5. per cent of the that the Great | ern Pacific are par- | nes to the extent| ¥s that whatever ri\'filry! tained in the past will be | of fhe charge that o the merger pur-| of the Burlington Com- | s asserted that thi ided between the pany and the stock being paid for in h the bonds of the pur- Specific denial is made hese bonds were i placing the n source of control er admits the organ- Northern Securities Com- | | New Jersey entes es Great and also admits the e retirement of the preferred X ern Pacific; also that “ompany did offer to sell eholders of the Great North- ‘ompany shares at the rate says that the Securities rchased for cash a large fendant rafl- her companies.” assertion that between J. J. that Morgan d of directors In this con- the Sec the polic; v or dictate Conten- Company the mean- Italy Needs American Vines. ¥ {GTON. Nov. 11.—In a report to ked among the vine- lloxera will re- demand for FNZEZ TOIINEUX . THE SAN FRANCISCO CALL, WEDNESDAY, MOLINEUX INNOCENT OF CRIME SAYS THE JURY lN NEW YORK Continued From Page 1, Column 6. Young Man Accused of a Mysterious Murder Acquitted, After a Secend Sensational Trial. NEW YORK CLUBMAN WHO IS ACQUITTED OF MURDER; HIS FATHER AND WIFE. o+, ¥ with-an objection, which Justice Lambert sustained. Osborne, ‘however, declared he was well within the evidence and the court permitted him to proceed. NOVEMBER 12. 1902. AUBURY SENDS BRISTLING HEFIJHT’ has lived there fifty-two years and has bought gold dust from the miners all the time he has been in business.” TOWNSHIPS ARE MINERAL. Instances Where Mines Have Been in Operation. Concerning township 21 N., ranges 7 and 8 E., where most of the scripping has been done in the Marysville land office, Mr. Stevens reports that from personal observation he is convinced that the two townships are essentially mineral in char- acter. ‘The region is interspersed with | mining ditches, tunnels, shafts, etc., and | what is of the utmost importance to the mining industry, water is found in abun- | dance or could readily be developed on the untainsides. he original survey of township 21 N., jrange 7 W., was made in 1870 by A. W. Keddie and .T. F. Batelle, embracing { tracts which were indicated as mineral in | character upon the field notes and the re- | | turns were made accordingly. In 1584 the | | east boundary was surveyed by D. C.| !Hall and M. F. Reilly, but during 18% Reilly ran new lines in connection with : the old survey and also made a new sur- | | vey of many sections .which are men- | tiored in the report specifically. By some method the amended township plat, as finally approved, did not include any min- eral in the first survey and only referred to mineral in a side note, which declared that lots 1, 2, 3 and 4 of section 3 and lots 1,2, 3 and 4 of the SW. 3 of section 4 were more valuable for mineral than for agri- | cultural purpe and were returned as i mineral lands. Nevertheless a forest lieu | selection was filed on February 18, 11, covering lots 3 and 4 of section 3. Another instance reported by Mr. Stev- ens is that of the mining property of J. | C. Wolters of Gibsonville, Sierra County, | - We carry the largest the coast. dollars, in white, colors () We can suit the most fastidious. workmanship. " ADVERTISEMENTS. R TR S (P " TR T WSRO e [naNutShell Our Policy Is Broad and Liberal. SQUARE DEALING, LIBERAL CREDIT, SATISFACTION OR YOUR MONEY BACK, line of Metal Beds on Every grade from three to one hundred gold and combination colors. Best material and a merchant and leading citizen of Gib-| Pink apd white frame, [ Olive green, heavyiron| White, with brass { sonville. He is reported to have operated ? L scroil frame h gilt and s { the Fall River consolidated mine in sec- goldand pink scroll, one green grill work B heavy |Kn0bS, heavy - angle | tion 24, township 21 north, range — east, | of the most perfect de- ” " Best |iTon sides and end | since 1900. The property is a quartz ledge i market. | wor: and a five-stamp mil is used {0 crush the | J§ Signs on the workmanship. | ore. The mining proposition has proved Price...... 27 20 for a lifetime. to be reasontably profitable. The claim . | Price embraces lots 37A and 37B and 36 of min- | jeral patents, also other lots. Mineral { veins run diagonally across twp sections | |in which the Wolters claim lies, yet a | forest lieu selection has been made to | cover all the vacant land surrounding, | j even lots. that have been created in each {legal subdivision by reason of the quartz | | ledges cutting through. | Frank Cayot, a hotel keeper of La { Porte, owned a claim on the same ledge jas that of Mr, Woiters and it was lo- jcated by a scripper. Cayot appeared at | the land office with a protest and, after | expending 3300, succeeded in forcing the | scripper to relinquish his hold. | In sections 3, 4, 9, 10, -township 21 { north, range 8 east, are the Dutch, Fall | River and Enslow quartz mines and the | Amigo Gold Channel placer mines. The : {mines mentioned are patented but a | seripper has made selection of the vacant { ground around them, even to the extent | |of embracing the unpatented mining | claims of John Stewart and Frank Green- well in section 4, where mining has been carried on for many years. The Golden Gate quartz mine is owned Room. see for yourself, and to induce only.... Maii Orders Receive angl: iron rails. day only a fine Colorotype in a beautiful gilt frame A beautiful b=d. $5.60 A bed rails. $12.00 We want to call your attention to the Grecian Art The holidays are appreaching; the big store abounds with useful and artistic presents. and pleasure to both mind and body. Everything to give comfort We want you to call and you to come we offer for one “ 60c VISIT OUR MODEL COLONIAL COTTAGE. ordes Furniture Co. 245 to 259 Geary Street, Union Square. Prompt Attention. | by the County Recorder of Plumas Coun- {ty, Wiliam Richards, and by William Clinch and others. It has been worked | more or less during the last twenty and a quartz mill was, at onetime, the land. A forest lieu selection was jmade on June 12, 1902, by C. W. Clarke, | which embraces all the mining property ! last mentioned. Such is the report to the | State Mineralogist. ernment, has been sent out to invest gate and report upon the Susanville and | Marysville distriets. i Some criticism of the Marysville Land | Office is contained in the report that is on the way to the Secretary of the In- terior. It may lead to an investigation. | The substance of the averments is that | the Registrar of the office is seldom at his | Still' ‘another instance reported, with | official post; that when Mr. Stevens | | dates and figures, is that of F. M. Lin- | Visited the office the receiver absent | scott of Greenville, who has been running | upon. his vacation; that Mrs. Coult, a { sister of Charles E. Swezey, is the chief | clerk of the office and that Swezey was performing many of the functions that| should properly come within the scope of the duty of either the Registrar or Re- | cejver. | In the conciusion of his report Mr. Ste- | a small cyanide pldht in Light's Canyon. His claim was filed upon by a woman who made a. timber and stone entry, embrac- jing everything. Later she appeared at | the Susanville Land office and filed a re- | linquishment only so far as there was in- | | Althougn s energetic among Cali- s in those abroad, it in- on American vir the of the insects imme- saPand ck g with- American and those 11.—Statistics of | s of the Govern- s compared with f the largest post- show a total of pgr cent. The | was' 11 per cent cent. the receipts 4554, respectively. was 36 per cent at r_pressed by 33 | he largest de- Buffalo. Warships Seek the Enemy. { WASHINGTON, Nov. 1L—In view of bian warships Bo ave left Panama in oats, the Colom- s 1o hear soon | 1 receip! e ircrease Panam. are fo he largest Taft Names School Superintendent. | WASHINGTON, Nov. 1L—A cable dis- EW YORK, Nov. 11.—Roland B. Molineux was set at Jiberty to- day after spending nearly four vears in prison and being once condemned to death and twice piaced on trial for his life for the mur- der of Mrs. Katherine J. Adams. But thirteen minutes sufficed for the fury to reach a verdict of acquittal. Molineux, who was brought into court as soon as it was known that the jury had agreed, was apparently as uncon- cerned as he had been throughout the trial, and gave no evidence of emotion when the words that established his in- nocence were pronounced. His aged father, General Molineux, was deeply af- | fected and could with difficulty respond to the greetings of friends who pressed forward to offer their congratulations. Immediately after the rendering of the verdict the prisoner was formally dis- charged from custody and left the court- room with his father and counsel. In passing out of the building the three were cheered by a great crowd that gath- ered in anticipation of the acquittal. Molineux, accompanied by General Mo- ! lineux and two of his attorneys, entered a carriage and was driven away to his father's home in Brooklyn. About 3000 persons, cheering and shouting, surround- ed the carriage and greatly delayed its departure. The keepers of the Tombs prison came out and shook hands with | Molineux, and many people waved hand- L — — Justice Lambert was sitting. After the usual preliminaries Assistant District At- torney Osborne resumed his summing up. He said ex-Governor Blagk had made a misstatement when he declared the ex- perts had testified that the writing on the poison package wrapper was not in a dis- guised hand. Osborne read extracts from the testimony that two out of three of the experts had found the address dis- guised. He argued that the Barnet let- first evidence of an attempt to disguise and that the disguise improved with every exhibit. He declared that the earlier Barnet letters conformed almost exactly to the handwriting of Molineux. The prosecution took up the matter of the letter box and declared the hiring of the Koch box in Cornish’s name was an act of hostility to Cornish. Talking of Koch, who sold to a newspaper an identification of Molineux as a man who had talked to him on December 17, 1898, about hiring a letter box, Osborne said he would not himself insult the jury by asking a conviction upon such evidence. The Assistant District Attorney dwelt at some length on the talk Molineux had with Heiles before Heiles wrote to Stearns & Co. about Harpster d demanded: “Does not that show hostility toward Harpster? Molineux had nothing against | Harpster except his friendship of Cornish, } and vet he tried to do him the greatest harm he could—deprive him of his job. If he would go so far against Harpster, ters, the earliest in the case, gave the| “This defendant and Barnet,” Osborne | {erference with Linscott. continued, “were friends living near each | It is impossible to go through with each other on the same floor of the Knicker- | Of the cases reported by Stevens in which bocker Athletic Club. They were saving | lleu selections have been made to cover attention to the same lady. She rejected | ‘h¢ MININg properties in detail, but scrme Molineux. Barnet ‘died and eight days| OtDers are given briefly. | later Molineux bought for the woman an | Benjamin Stauffer and James Hawley | engagement ring. The wedding was very | 0%} @ ledge the ore from which mills 3 sudden.” | per ton, and they have a cabin on the | Osborne took up the Burns, Cornish and | Premises and have run a cut. Two years | | Barnet letters, the first two asking for | 280 they located the land under the min- | certain remedies and the third for a|iNE laws and have since performed the “marriage guide,” and declared that the :sseismem work. }A tcr}fsr lieu selection | envelop ma th Sornish | has been filed covering their mining prop- D matched the paper of the Cornish | 088 been, Tled covering thelr mining prop- of Taylorville, W. F. Roedde of Crescent wording of the Cornish letter. | Mills, Plumas County; the Plumas Na- Utie cots Bils Gut dem“g upon any | tional Mining Company, A. D. McMillan Witnesses who may lie,” counsel said, in|2nd W. P. Bovden of Crescent Mills, concluding his talk on_the handwriting, | Thomas Fant of Taylorsville and Dr. F. “but on the common-sense and intel. |- Magee, a practicing physician of Tay- | ligence of the jury. Ex-Governor Black | 10rsville; C. D. Hazzard of Quincy, Plu-| well said in defining circumstantial evi- | mas County; F. L. Miller of Longville, | dence that every circumstance must point | Flumas County, and John Brandt of to the one man as the magnetic needle | Magalia, Butte County, all ownmers of points fo the pole. Every cighumstafce | MiNing properties, have grievances simi- in_this boints to Molineux.” {lar, in a general way, to the instances ' Osborne in his. peroration pointed out | FePorted in the foregoing. again the circumstances on which he re- ’ PURPOSE IS SUSPECTED. vens makes a gcod showing for the min- | eral character of the country in which | the timber locators have been active upon | the lands which were temporarily with- | drawn, as follow: “During the celebrated trial of the North Bloomfleld debris case, Wells, Fargo & | Co.’s officers at San Francisco produced | documentary evidence showing that in a | period of thirty $ears preceding said suit | shipments had been made through the ex- | press company from La Porte aggregat- ing more than 1% tons of gold. The Gib- | sonville Ridge from La Porte to Pilot | | | | letter and that the wording of the con- | ceded Burns letter was identical with the Peak, a distance of twelve miles, is un- dergoing rejuvenation in the way of ex- ploration. A chaunel of immense richness and unknown width has recently been un- covered by the Taver Gold Mining Com- pany and by the Thistle Tunnel Company. | The dredgers about Oroville are paying enormous dividends, working ground that is admittedly lessprolific in mineral wealth than a great deal of the territory I have @@scribed and which is in a similar min- | eral belt to the Gibsonville and La Porte region.” SWEZY’'S STATEMENT. Says He Located Land for Different Clients. MARYSVILLE, Nov. Swezy was seen by a representative of The Call iffmediately upon his arrival from San Francisco to-night. In reply to questicns asked in regard to acquiring public land in the Marysville, Susanvilie lied for a conviction, turning at each men- tion of Molineux's name to point his finger at the defendant. Molineux sat unmoved at the arraignment, but attent ive to every word of it. Not so with his father. The old general was visibly af. > H ns in one part of the report. He fected by the words of the prosecuting | Src. = D ! says that a system has been adopted by | officer ang Cecil Molineux, the prisoner’s | o set of speculators by which elght lo. | :lro.;‘her, as Very nervo In his con-| cotore at a cost of $8 per section of 610 uding words Osborne begged the jury | " besi ense of survey, 1if | nOt to let their feelings run away with | oo Louaes the exp ik taneg d tie up all the vacant land in their judgment and not to refuse to con- | o 2 | Placer Claims May Possibly Cover Up Right of Way. A singuiar situation is alleged by Mr. 1L.—Charles E. and Redding districts, he sa: that, act- ing as attorney for different clients, he has probably located the amount of acres named in the different districts; that this is forest reserve scrip, that everything bas been done legally, aboveboard and according to law, and that no mineral ally been covered. . Swezy further states that only five mineral protests have been filed against this acreage, and that they were sent the commi: mer at Washington for examination and i ctions. He also firmly alleges at o bulldozing tact bhave ever been attempted by him.” Th McVey ¢ was that of a timber claim- ant versus McVey, a mineral claimant, Of two weeks' trial, he says, five days were used by McVey's attorneys in cros: amining the timber land claimant. evidence showed that McVey had no claim, had not taken out any money since 1894 and had not worked in the tunael for ten months_Swezy said. The records are on file in the land office here and wil show what he says to be true, he de- clares. Continuing, Mr. Swezy said there was no reason existing why bona fide mineral claimants cannot be fully pro- tected and receive perfectly fair treat- ment in any contest of a forest reserve lieu selection of land. BUCHANAN DEMANDS THAT HE BE RESTORED TO DUTY Dismissed Fireman Says Commise sioners Refused to Allow His Counsel to Be Heard. James Buchanan, who was dismissed from the Fire Department in January, 159, by the Fire Commissioners after a trial on a charge of neglect of duty pre- ferred against him by District Engineer John McClusky, petitioned the Superior Court yesterday for a writ of mandate compelling the Commissioners to restore him to duty. An alternative writ, returnable before Judge Hebbard on November 21, was is- sued by Presiding Judge Cook. Buchanan claims that at the hearing accorded him the Commissioners refused to allow him to be represented by coun- sel. what would he not do to Cornish?” THOSE BARNET LETTERS. Osborne began to talk about the Barnet letters. “The man who wrote those Cornish let- ters had the Barnet case in mind,” he said, when ex-Governor Black interrupted kerchiefs from the windows in the street. Taft announces that he CROWDS GIVE CHEERS. D. Bryan, formerly | More than a thousand men and women, Superintendent | and there were more women than men, ] the Philippines. Bryan | crowded the corridors of the Criminal Superintendent of Schools of | Court building before 10 o'clock and | fought for admission to the room where at the War Department | All About the Piano Clubs. "Twill cost nothing to investigate and will surely save you money. If you are interested and cannot call in person, please fill out the attached inquiry blank, cut out and send to the Piano Club Manager, Pommer-Eilers Music Co., San Francisco. Catalogues, prices and all partic- ulars will be promptly supplied. 3 Out-oi-town residents mas ioin any one of the four clubs now forming. - e INQUIRY BLANK. Pommer-Eilers Music Co., San Franc'sco: Tlease send catalogues and all information about the new Piano Ciub to A BT s e sBiprocncsscrsesnsenstieshEnahate e esossshse .\dd.ress oo B It costs you rothing to investigate this money-saving opportunity. W 3 € guarantee to supply pianos to club members at a bona fide saving of many dollars. Attend to this to-day. POMMER-EILERS MUSIC CO. 653 Market Street, San Fra_ncisco,»Cal_. Otklier stores at Portland, Sacramento and VSpokane ‘| sonable doubt. viet through timidity CHARGE OF THE It was past noon when Osborne was through, and then Justice Lambert shs pended proceedings until 1:15 o'clock. At the afternoon session Justice Lambert de livered his charge to the jury. “Katherine J. Adams,” he began, “died December 25, 1598, and the defendant is charged with the responsibility of her death. The defendant may be convicted if you-think the evidence adequate. of murder in the first degree, or if you thin| well, of murder in the second degree, or of manslaughter in the first degree or of manslaughter in the second degree.” Justice Lambert read from the statutes the definition of the various degrees of homicide, laying stress on the necessity of deliberation and premeditation to con- stitute murder in the first degree. “It is contended here by the people.” he went on, “that if this defendant is found guilty he will be guilty of murder in the first degree. The defendant, by his coun- sel, has made no argument in this regard, but you are required to consider those things in reaching your decision. The de- fendant is presumed to be innocent until the evidence shows his guilt beyond a rea- The burden of proof never shifts. It is always with the State to prove guilt, and not for the defendant to prove innocence. to a'jury the legal definition of a reason- able doubt. If his guilt has not been shown to you beyond a reasonable doubt, you must acquit him. A reasonable doubt should be actual and substantial and not founded on a mere possibility.” hough the jury was out but twenty- fiv@minutes, they agreed on their verdict within thirteen minutes after leaving the courtroom. Notice was immediately given, but it took some minutes to reas- semble the court. Among the first per- sons to re-enter the courtroom was As- sistant District Attorney Orborne, who seemed to be nervous as he waited for COURT. the verdict. Molineux stood while the jury was being polled and apparently he was not affected. His attitude indicated that he had prepared himself for any ver- dict that might be given. When the large crowd outside the court heard what the verdict was a great shout went up and three cheers for Molineux were given. Molineux was formally discharged a ! le:” l'ntfinute. after the jury returned their verdict. It is not easy to impart | the United States. These people, under | the guise of locating placer claims, are | reported to be really securing a right of | way for a railroad to open up a timber | belt in the Big Meadows country. | Similar proceedings have been begun in | he Susanville land office and the regis- er of that office has rejected entries for | such tracts under the law of June 3, 878, unless proceedings are begun to dis- | prove the mineral character of the land. | The idea of this form of protection to the | miner is reported to have originated with | A. W. Keddie of Quincy and upon its' ace seemed fair enough, but it proves to | be liable to abuse in the manner indicat- | ed as reported to the State Mineralogist. i 8ix hundred claims of the sort mention- ed are to be offered to the land register | of the Susanville district for filing. In one part of Mr. Stevens' report, | which is many thousands of words long end is minute in details in many in- stances, the general broad and interest- |ing statement is made that there are | thiee gistinct channels extending across | Plumas County which are known to be {rich in mineral and within the limits of | these the timber and stone locator and | the State indemnity selector have becn | Any Style You know that you can get But do you know that | operating extensively to the detriment of the mining industry. - ¥ A quartz ledge containing copper and gold, near Lovell's bridge, was formerly worked by A. Holmes and his associates. On the north side of the Mountain Mea- dows, in Lassen County, copp.r has been found. At Quincy there is on exhibition | quartz from Jameson Creek containing $300 worth of gold. From a candlebox of cre picked up at random from the dump of the Gruss mine in the Genesee Val- ley $100 worth of gold was taken. At Light's Canyon in the northern belt there are a number of rich copper claims and the owners have refused to bond tbem for $200,00. In Mooniight Valley iron boulders exist. At the Genesee mine the entire mountain side is quarried and a five-stamp mill is being replaced by a fifteen-stamp mill. The ore averages 33 per ton. These statements are made in the report for the purpose of showing that the country . that is being taken up as timber land is really richly mineralized. LAND OFFICE CRITICIZED. Begister Said to Be Seldom at His Post. i J. N. High, a special agent of the Gov- i buys: “If that hat doesn’t Dunlap Crushers, in all the son. i $2.50 is equal to these higher- material, style and workmanship As proof of this claim we say when the customer for $2.50, You know the wearing qualities of the hat that sells about town for $3.50 to $4.50 in exclusive stores. a good hat at that price. the hat which we sell for priced hats—equal in 2 please you in wear; return it and try another one at no cost to you.” This offer practically states our position, may know that the hats will back up the claim. Derbies, Fedoras, Graecos, Pashas, and you Tourists and swell shades worn this sea- i P T ; Ladles.' street hats in twenty or more styles, va- riously trimmed, $2.50 each. _— Qut-of-town orders filled—write us. SN-WO0D 718 Market Street