The San Francisco Call. Newspaper, November 25, 1902, Page 1

VOLUME XCII-NO, 17 SAN FRANCISCO, TUESDAY, NOVEMBER 25, 190 FILES SUIT AGAINST THE “Bl6 FOUR” CuttingRenewsthe 0ld Allegations of Fraud. Minority Stockholders of Central Pacific Plaintiffs. More Than $100,000,000 Is Asked From the Builders. Epecial Dispatch to The Call. NEW YORK, Nov. 24.—More than $100,- 000,000 i& demanded from the estate of and the men who days of the Coliis P. Huntington were his partners ir the early Central Pacific Railroad in a suit brought | in behalf of the remaining minor stock- holders of the Central Pacific Railroad Company of California, through Robert Cutting, In this suit are charges of collusion, | exaggeration of expenses and fraud sgainst Mr. Huntington, Leland Stanford, Charles Crocker and Mark Hopki ulated the finances and construction of the Central Pacific, Southern Pacific system, that out of $163,- 000,000 expended in building and equipping the road, more than $100,000,000 found its | way into their own pockets. The present stage of the litigation is di- against the estate of Collis P. Huntington, in the $70,000,000 of which, it alleged, are many mil b belong to the old stockholders. An order has been served upon the executors, Charles Tweed, Isaac E. Gates and Arabelia Huntington, to show cause why they should not render an accounting of the funds of the estate that it may be ned what percentage of the profits is This summons is re- rected in their possession. turnable before Surrogate Fitzgerald on | December 2 ANOTHER SUIT BEGUN. Another suit has been filed in the Su- preme Court for the recovery of $100,000,- 0% of alleged illegitimate profit made in the construction of the railroad. Both of these actions are brought by Walter ehead, an English barrister, now country, and Cutting s litigation he is acting stock, not now controlled by the Southern Pacific Company. xwell Evarts, attorney for the South- n Pacific and for the Huntington estate, Tweed, head of the execu- declined to-day to make any answer to the charge: These charges Four” co: holders £ that th d-Charles H both tors, effect that the “Big fraud minor stock- € profit. It is alleged rganized such construction and contracting compa: as the Pacific Im- provement Company, the Contract and Finance Company, the Western Develop- ment Com: the Rocky Mountain Coal Company and the Pacific Express Com- pany, to which valuable concessions were granted at exorbitant rates, The complaint finally declares that these companies “were personally owned or controlled by said Huntington and his associates, either personally or by and through their agents, dummies and ac- complices.” ALLEGATIONS OF FRAUD. It declares that they used these com- panies “to agree with themselves for the construction, equipment and repairing of said raflroad and for the purchase and Jeasing of auxiliary lines and for the pur® chase of coal and materials.” It is further charged that in pursuance of these fraudulent arrangements said Huntington and his associates delivered to themselves the whole or greater part of $30,000,000 of United States bonds and of the bonds and capital stock of the Central Pacific Raflroad Company, to the total wvalue of $163,000,000, in pretended payment to the companies aforesaid. It is declared by Cutting that the ma- jority of the stock was delivered to the Central Pacific Railroad Company of Utah by means of an unconstitutional act of the California Legislature and by it “watered” to the extent of $20,000,000, and an additional $100,000,000 in bonds issued./| He says the stock was then delivered to the Southern Pacific Company. He quotes in his complaint the following from the feport of the United States com- mission appointed to investigate similar charges made by the stockholders in 1881: EQUALLY RESTED. “It is clearly established that these four gentlemen were at all times equally in- terested in the results of these construc. tions and other contracts and that, whether the formal relations of partners existed between them or not, it was un- derstood and agreed between them that they should share equally in all profits of the enterprise.” Papers will soon be flled in an applica- tion for an injunction to prevent the Southern Pacific from proceeding with ite issue of collateral 4 per cent bonds based upon the preferred stock of the Central Pacific Railroad Company of Utah. Cutting said that to his mind fraud had continued up to the time of Mr. Huntington's death in 1900, that his clients bad not learned of it until 1897, and that, in fact he believed, especial payments had been made in order to deceive the British stockholders. For these reasons he did nct believe the ten years’ statute of lim- itation would bar the action for fraud, It is | charged that these four men so manip- | now a part of the | ons which right- | of all of Central Pacific | FATAL RIS I STREETS TF HAVAN Two Men Are Slain and Thirty-Two Wounded. \Government Secretary and Mayor Are Negligent, Sympathy of Officials for| Strikers Causes President to Threaten Action. HAVANA, Nov. | conflicte of a serious nature to-day 24—As the result of | be- | | tween the police and men on strike here, two strikers are dead and thirty-two | cther persons are wounded. Five of the | wounded, one a lieutenant of police, whose | thrcat was cut by a striker, have very | | severe injuries. Eight other policemen are wounded. The police have the rioters | well under control to-night, but every precaution is being taken to prevent a further outbreak of disorder, and all the police and rural guards in the suburbs have been summoned to concentrate in Havana. The strike, which at first concerned only the ecigar workers, became general | this morning by the calling out of all traces in sympathy:with the cigarmak- ers. The trades people closed their doors | this morning, clerks, cooks and every class of workmen having obeyed the com- | | mand of the union, except the motormen and copductors of the electric cars, who refused to join in the general strike. Trouble began early by the holding up | uf the electric cars by the strikers, whose | wrath naturally was directed against the | | street railway employes. Several cars were held up and stoned in the outskirts of the city and the passengers were com- | relled to walk into Havana, among these | being the British and German Ministers. | Several cars’ were wrecked and some | metormen and conductors were injured during the rioting. The carmen, however, | continued running their cars until 10 o’clock, when Superintendent .Greenwood ordered a suspension of traffic. The ém- | vloves were willing to remain at work, but the officers of the company, in ‘order tc srotect the property, deemed it wise | to suspend the service. Greenwood had asked for protection from the civil gov- | ernment, but the authoritiées were unable | to-protect the public vehicles. strikers drove the men on the Western | Raiiroad from the trains during the morn | ing. l SYMPATHIZE WITH STRIKERS. The mayor of Havana and the Secretary of Government, Diego Tamayo, had dur- ing _the past week openly sympathized with the strikers gand had given orders | ice not to use force in dispers- | ing the crowds, and under these condi- | tions the police were unable to cope with the strikers. The situation was approaching a criti- cal point at noon, serious disorders hav- ing taken place in front of the palace it- self, in which a police officer named Maso and a rumber of policemen and strikers recelved injuries, when President Palma sent word to the Mayor that unless the city authorities could preserve order and proiect the rallroad company the State would intervene. The Mayor then took drastic measures and issued an edict prohibiting crowds from gathering in the streets, and au- thorizing the Chief of Police to kill, if such action should be necessary, to pre- serve order. A similar show of force early in the morning undoubtedly would have pre- vented any trouble, but now the strikers had become emboldened and frequent clashes between them and the police oc- curred in all parts of the city. The po- lice were obliged to charge a mob of riot- ers at the slaughter house and several among the latter were injured. The vig- crous attitude of the police now made it- self felt and traffic on the car lines, which had been suspended for only & brief veriod, was resumed and was continued from this time forth with only occasional interruptions. Most of the bruises sus- tained by the strikers were caused by the policemen’s clubs. VETERANS OFFER SERVICES. The Central Veterans’ Union, headed by Gereral Gomez, held a meeting this after- roon and sent word to the labor unions that if the disorders continued the vet- erans would offer their services to Pres- ‘dent Palma to preserve order. No bread A mob ot | | or meat was on sale to-day and a con- tinuance of the strike will cause much suffering to the poor. The police fear that trouble may occur in the city to- night and a detachment of rural guards is expected to reach Havana at 2:30 to- morrow morning. - Senor Tamayo has resigned the office of Secretary of Gevernment, but Pres- ident Palma will not accept his resigna- tion until the strike has been settled. The public blames Tamayo for his active par- ticipation in the strike and says that he and the Mayor are responsible for the day's riots, as he had openly expressed sympathy for the strikers. At a political meeting on Wednesday at which Senor Tamayo was chairman he indorsed the action of the strikers, — e——— ‘Will Be Buried in ‘Washington. HOUSTON, Tex., Nov, 24.—The remains of Captain J. D. McBlain, United States army, have been sent to Washington, where they will be interred in Arlington Cemetery. Captain McBlain was the first officer to obtain a commision under the act of Congress permitting enlisted men to apply for examination, PHYSIGIAN LIES VIGTIM OF POISONER Death‘ Lurks in a Box of Chocolate Creams. Dr. Manley N. Enos of Oakland Nearly Meets End. Confectionery Tampered With by Someone Bent Upon Assassination, OAKLAND, Nov." 24.—With all the symptoms of severe poisoning, Dr. Man- ley M. Enos, a leading physician of this city, les at his apartments in the Abra- bamson block, Thirteenth and Washing- ton streets, while the detective force is trying to uncover the strange mystery surrounding his sudden and almost fatal sickness. All that is known is that Dr, Enos was poisoned through eating one chocolate cream from a box of candy that was left in his office several months ago. Miss M. Smith, an attendant at the office, was nauseated by another piece of the candy, though she spat it out quickly because it had an unpleasant taste. A white powdered substance had been CURRENGY 15 STOLEN FROM CAR Mysterious Theft of| . - Forty Thousand Dollars. —— Packag; Taken When Messenger Turns His Back. Express and Railroad Offi- cials Make Denial of the Robbery. Special Dispatch to The Call. OMAHA, Nebr,, Nov. 24—The boldest and most mysterious express robbery which has occurred in the West for years tcok place at the Burlington depot in Lincoln early Saturday morning, when a package containing $0,00 in currency was stolen almost from under the nose of a messenger of tie Ad- ams Express Company, The money came in on the Burlington train from Kansas . City and was to be transferred to the Portland-8t. Louls spe- clal flyer. Usually express matter of this kind Is locked in the through safe, which 1s transferred intact. On this occasiop, however, the package was not, for some of— - \ 1 \ ¥ .z Ao ans \ i B \v#o Wouco JAcRIFICE HER LIFE Fom HER X Ho~ok. | O, THormAs> GomE fr | 3. e PRICE FIVE CENT RUSSIAN SINGER RE-ENACTS TRAGEDY RESULTING IN THE KILLING OF MRS. ELLEN GORE De Rydzewski Pértly Convinces Paris Police That Shooting of the American Woman Was Accidental and Is Released. Uncle Sam’s Representatives Begin Investigation. N N h SHmIE o (rm v ooes | Vad R ENPEEVY s AT “ _THE TRace&o> s scattered through the box and several pleces of chocolate had been deliberately scraped, a portion of the harmless can- died cream removed and a suspicious whitish powder substituted. CANDY GIVEN TO POLICE. The box of candy was turned over, the suggestion of Dr. S. H. Buteau, who is attending Dr. Enos, to Detective Dennis Holland. The first step of the detectives will be to have the apparently deadly con- fectionery arialyzed, In order to determine what is the nature of the poison which both physicians are firmly convinced was used. Whether. the deadly drug was intended for Dr. Enos is one of the mysterious aspects of this strangely clouded case. The stricken physician is of the opinion that he had been marked by the avenging hand of some enemy. Neither physician nor policeman is ready to uncover all of the suspicious circumstances. ? Dr. Buteau says the drug was of a fatally irritating nature—as horribly dead- 1y in its effects as corrosive sublimate, ar- senic, strychnine or a dozen other such poisons, the physiological effect of which is to produce the terrible intestinal irri- tatlon which was a marked symptom of Dr. Enos’ {llness, Dr. Enos does not remember who left the candy in his office. All he remembers is that he placed it on the top of his desk when it was brought in and forgot about it. Last Saturday noon he ran across it on a shelf in the pharmacy at- tached to his office. It was open and he picked up the chocolate cream from the top layer and ate it, It was not fifteen miuutes before he began to feel the ef- fects of polson and was =o i1l by 2 o’clock that he could not receive his patients. By 11 o’clock that night he was suffering =0 intensely that he went to bed and called in Dr. Buteau. POISON PUT IN CHOCOLATES., This is what Dr. Buteau says: “When I arrived in response to Dr, Enos’ summons I found him suffering very severely from fever, rapld pulse, headache and backache, with abdominal pains, intense and violent, the symptoms indicating either ptomaines or the effect of gome severe irritating drug. - “Dr. Enos was In a critical condition that night. ‘On Sunday when I visited him I found his temperature at 108. The doctor 1is, although very weak, out of danger to-night. “I presume a careful chemical analysis will be made to discover what sort of poison is in that stuff. “Before the police took charge of the box I examined the candy, It was plainly manifest that designing hands had manip- ulated the powder that we all saw in the scooped-out creams, The outer layer of at chocolate had been disturbed and then' unknown reason, in the safe. The mes- senger in charge took the package and placed it in the door of the car. He then turned around for a moment to reach for his receipt book, and when again he look- | ed for the money it had disappeared. So far as can be ascertained the only thing upon which the officials have to work is the indication that the gullty man was thoroughly familiar with all the cir- cumstances surrounding the case. The utmost secrecy has been observed, both by the officials of the express company and the Burlington road. This afternoon, when the fact of the robbery leaked out tibrough an employe, they declined to talk of the matter at all, but did not deny that the money had been taken. LINCOLN, Nebr., Nov. 24.—Officials of the Burlington Railroad and the Adams Express Company deny the report eir- culated here to-day’ of the theft of a package containing $40,000 from a car in the Burlington yards at Lincoln. Police officers also discredit the report. LN e Surgical Operation Proves Fatal. BILLINGS, Mont,, Nov. 24—John P. McBride, one of the best known stock- men in this city, who was shot by Po- liceman Hayden a few nights ago, died to-day, several hours after the physi- cians had amputated his leg. McBride in going through an alley met the officer, and, taking him for a footpad, started to run. His flight aroused the policeman’s suspicions, who opened fire, the first shot hitting McBride. \¢ . @ iiminilfrininnilleiiniieiiol @ carefully feplaced, after the white powder had been put in. There were a number of the creams thus treated and a close inspection showed that more of . the whitish stuff had been scattered over the candy.” 5 PATIENT’S SUSPICIONS. Dr. Buteau says his physician patient has. had certain suspicions aroused be- cause he has not been able to satisfac- terlly explain why the candy package should have found its way into the drug room, where such poisons as would have produced his symptoms weére obtainable. "According to Dr. Buteau there is a strong suspicion cast upon an individual who has had access to Dr. Enos’ laboratory, but the identity of the suspect Is kept a profound secret. At present the police are engaged in trying to find a motive for the tampering with the candy, A theory suggested by the two physi- clans is that Dr. Enos was the innocent vietim of a plot against some other per- son, Chiet of Police Hodgkins says the candy was bought at B, Lehnhardt's, 1159 Broad- way, It {8 & B0-cent box of “French mm o g — VICTIM OF TRAGEDY; MINISTER WHO CONDUCTED MEMORIAL SERVICES; HUSEAN_D MAKING STATEMENT; INCIDENT AT PARIS — ARIS, Nov. 24.—The A Gore tragedy was presented. in a. dramatic aspect to-day when the French officials took De . Rydzewski to the scene of the occurrence and * com- pelled him to re-enact every detail of the aftair, this being done under the practice of the French law, which requires recon- struetion of -the tragedy in' the . presence of officials under exactly the same condi- tions as it was originally enacted. The chamber was arranged as on the pight of the fatality and the same wea- pon placed in De Rydzewski's hand to act out his.version. As far as known ithe prisoner went through the ordeal without wavering' fro&l his first story. of the ac- cidental fall of the revolver. P De Rydzewski re-enacted the ‘final scene, giving complete details as to the positions of: Mrs. Gore and himself. ‘He said that he was lying on the bed, fully dressed, while Mrs. Gore was seated at the fcot of the bed, her legs hanging dewn on the side nearest the wall and her head thrown backward on the feather quilt, which had been'.rolled to form a cushion. Wishing to take something 'from the night table, he knocked off the revol- ver, which.went off and the bullet struck Mrs. Gore in the face. ACCUSED IS LIBERATED. The only persons admitted were the ex- amining magistrate, the commissary. of police; Dr. Socquet, who performed the autopsy; Gastinne Bennette, the ex- pert armorer; De Rydzewski and Law- yer Cruppi. A representative of Gowdy, M. Paquet, applied for permission-to be present, but the magistrate refused on the ground of requirements of the law. The 'party arrived at the house at 3 o'clock. De Rydzewski was in a cab and ‘was accompanied by two police officers. He had handcuffs on and looked pale and emaciated. He shielded his'face from the guze of the crowd at the door and, follow- ed by the magistrate and the officers, mounted the stalrs to the room where the fatal scene was re-enacted. As the bullet was found burfed in the hair of the victim it is fmpossible to ver- ify the direction taken by the missile otherwise than by the wound, As a result of to-day’s examination the examining magistrate has decided to set De Rydzewski at lberty - provisionally, Before the party left the house M, Ber- tillon, the criminologist, who is also in- vestigating the case on behalf of the po- lice, arrived and took several photographs of the room, after asking De Rydzewski to place everything in exaotly the same pesition it eccupled at the moment of the tragedy, It is reported that as he did this De Rydsewski evinced considerable emotion, He afterward left in a cab, es- corted by two policemen, who conducted him te the prison, where the necessary formalities attending his discharge from susiody wese complated The case has assumed an international aspect by the action of Consul General four American doctors residing in Paris to conduct an independent post-mortem examination. Gowdy to-day requested four represen- tative American physicians living in Paris to form a commission to conduct an in- dependent’ autopsy and report on the cir- cumstances and probabilities of how Mrs. Gore met her deathg. The commission is composed of Dr. A. J. Magin, who is in charge ,of the . American Hospital ‘in Paris; Dr. Edmond L. Gross, formerly of San Franeldcé; Dr. Turner and Dr. Whit- man. Mr. Gowdy has sent written in- structions ' to - each ' of the doetors and the investigation searching. The commis- | sfon - conferred regarding its plans, but it has ‘not yet been settled when the autopsy ‘will take place. - .CONSULATE ALSO ACTS. The _questions before the American Med- feal Commission'are delicate, for the final Conclusions as to the course of the bullet may conflict with . those of the French medical experts. The latter base the ac- cidént theory on the upward range of the bullet, but the American officials believe that’ an independent autopsy. will estab- lish ‘the fact that the range was almost horizontal, thus. Indicating a direct’ shot from an aiied weapon. The United States consulate staff also is taking the depositions of witnesses in- dependent of those taken by the French officlals. . So far phis action has not de- veloped any new features, buf the deposi-\ tions furnish a complete and unprejudiced statement of ‘the case and will be for- warded to the State Department at ‘Washington. Gowdy will be represented at the examination of De Rydzewski, but @s an observer, as care will be taken not to create an impression that there is the least official doubt of the thoroughness of French' justice. FUNERAL IS POSTPONED. M. Paquet, in behalf of Gowdy, applied to the magistrate for possession of the body, and the official offered every facil- ity. He ordered that the remains be turned over to the United States officlals, the only reservation being that they be not removed from the morgue until after the second autopsy, owing to the rules of the French law, Thereupon the commis- sion of American doctors arranged to per- form . thelr' autopsy at the morgue to- morrow. morning, . M, Paquet also requested the magistrate to_allow him to inspect the correspond- ‘ence of De Rydsewsk! and Mrs, Gore, which the French officlal agreed to do ‘after he had himself finished the inspec- Continued on Page 3, Column 3, l Gowdy in following out the instructions ' of the State Department at Washirgton | and appointing a committee composed of | i asks them to_spare o .efforts to make | — HOMAS SINCLATR GORE, former husband of Mrs. Ellen Stogdill Gore,; made a state- ment: for publication yester- day. To representatives of the press he dictated words calcu- lated to_shiéld ‘the hondr of the unfor- tinte woman. Gore was actuated in b's cesire to-make his defense of his form: wife by his past love for her and by his regard for her high moral qualities. He aid not betray -any intense emotion while speaking, -but his voice quivered at times, shaken by ‘an old fondness and by a recollection of the tragic details of he | untiniely death. Gore. refused to discuss the -ecircum- stances of the separation other than to repeat ‘what is: contained in his state- ment.. He says he gave his wife one-half of the community property, the Income from which fixed her comfortably for life ard permitted her to travel wherever she wished. . ‘When he married, Gore was engaged in business“in-the City of Mexico, but two years ago_became an opera. singer, filling engagements in several Eastern theaters. His statement isas follows: “I wish'to say ‘that in giving this state- ment to. the press I am actuated by the fact that I have seen in the telegraphic reports from Paris a disposition on the part of the Russlan element there to cast reflections on the character of the late Mrs. Gore. Although I was as completely severed from my former wife as if I had never married her, I feel called upon to give, as one who knew Her best of all and as a matter of common justice to he® memory, my testimony as to her exem- plary . chatacter. She was a woman of the very highest ideals, in my opinion, absolutely incapable of wrong doing. In fact, just the woman who would sacrifice ‘her life for her homor. “The facts regarding our divorce have been incorrectly- stated in some reports. My wite was passionately fond of her art and devoted herself to it. As far back as ten years ago she felt impelled, in her pursult of it, to leave our home in Mex- ico for periods of months, repeated al- most yearly, to visit musical centers in search of the best instruction. It is mot surprising that we grew apart under this condition. “A separation of almost two years was followed by an amicable division of prop- erty I had accumulated in the City of Mexico, and last summer by an absolute divorce, mutually agreed -upon and un- centested by me. “In conclusion I will say that I have always entertained the highest regard for my "unfortunate wife's steriing qualities of heart and head, as well as admiration for her physical gifts and' deepest re- spect for her moral rectitude. On learn- ing of her untimely end upon landing from my steamer yesterday I was inex- essibly shocked. : !-'mom SINCLAIR GORE"™ |