The San Francisco Call. Newspaper, June 16, 1903, Page 14

14 THE SAN FRANCISCO CALL, TUESDAY, JUNE 16, 1903. REQUEST NOTED DIPLOMAT STRANGE STORY IS UNFOLDED AT SUPREME COURT HEARING Dr. Cristal of Santa Cruz Declares That Uncles and Aunt of His Children Are Scheming to Secure Control of Them and Order Is Issued for Arrest of Accused for Contempt of Court Arrra CHRISTAL. - 1 M i YOUTHFUL HEIRS AND THEIR FATHER AND AUNT WHO SEEK CUSTODY OF THEIR PERSONS. | [ [ of the most re- California ju- folded before erday in for the a Cruz. presented to the te's highest tribunal for the immediate ar- Johnson rt. On of the discovered that roceedings is far e features neces ance. He yuarre children, it is i was constant threatening to t them Two " and a girl, were born to the als. The mother died a few days subsequent to the birth of the former. r fath years. When ever Trescony sembled rel each of the C sum approximatin, since increased amount. R. F. Johnson and Julius Trescony were been laid away for- | was read to the as- It transpired that to 0,000, which has most twice that ADVERTISEMENTS. Pears’ soap does nothing but cleanse, it has no medical properties; for the color of health and health itself use Pears’. Give it time. Sold all over the world. Second-hand vehicles sometimes come into our hands—we sell them or rather the price does. & &5 Stupesaker Bros. Co. NOTICE! THOMAS F. WHITSON. Any one knowing t whereabouts please inform ARCHIBALD WEITSON, P. 0. box 403, Lima, Pery, S. A. | * | subject of a compremise. named as executors of the will. acies to the Christals. It was provided in the deceased capitalist's testament that the guardian of the children should have $200 monthly for their support. When they should have attained the age of 30 vears the bequest was to become thejr ex- clusive property. MAKES STIPULATION. It was stipulated, however, that in the event of the death of either or of both he children, the money was to go to trustees. It was also left to the dis- cretion of the latter to give the money to the legatees or to retain it for themselves if the children should not possess “pru- dence, economy” and other attributes. Dr. Christal, in behalf of his children, contested the will on the ground that th ust was invalid. He lost his case in the rior Court and was about to appeal, he alleges, when he was approached by members of the Trescony family on the It was mutual- ed, he says, that he was to re- 200 monthly from the estate for the care of the children. provided that he would drop the lawsuit. He consented, and for a time recelved the promised re- mittances from the Tresconys. At the end of seventeen months, avers, when the statute of limitations prevented an appeal to the Supreme Court, the $200 a month stopped coming. He went to Salinas from Santa Cruz to see the executors and they told him, he declares, that they would pay up in a month or two and continue as before. He sald that be was willing to wait for a time, and was preparing to start home when Mrs. Johnson (nee Trescony) asked that Anita, Dr. Christal’s daughter, be al- lowed to make a visit to El Paso with them. He permitted her to go on. the under- standing that she would return in a month. Finally, when he wrote for her, Mre. Johnson replied asking that she be given the custody of the child. Dr. Chris- tal refused and three months later Anita returned home. She reported that she had had a fine time in Texas and re- ceived numerous letters from friends in El Paso subsequent to her arrival in San- ta Cruz. She was at that time 12 years of age. One day her father opened a let- ter and diccovered that the little girl was engaged to a man in El Paso. FATHER IS ANGRY. Dr. Christal was wild with rage. He demanded an explanation from the John- sons, but recelved little satisfaction, he says. After some months Mrs. Johnson began writing letters to the physiclan in which, it is alleged, she was constantly attempting to persuade him to give over the guardianship of the boy and girl to herself. Dr. Christal refused to entertain the proposition for a moment. Mrs. John- son's numerous letters are important fea- tures of the case and have been presented for inspection of the Judges of various courts in which proceedings in the case have been held. The boy proved a very refractory lad, the father states, and was the source of much apprehension on the pagt of the other members of the family. e insist- ed on. smoking cigarettes and was over fond of women of quéstionable character, it is said. He was placed in the Chirs. tian Brothers’ school at Santa Cruz and subjected to rigorous discipline. Meanwhile the girl was sent to Notre Dame College in San Jose. She gradu- ated in the same class with the daughter of Mrs. Sam Parker, who at that time was Mrs. Campbell, widow ‘of James Campbell, the millionaire who was kid- naped and held for ransom in a house in this city. |1 To them | also was given the trusteeship of the leg- | he | | metropolis, L Miss Anita Christal acted as bridesmaid for Miss Campbell when the latter was married to Prince David Koahananakoa. She accompanied the pair on their trip to Honolulu and subsequently took up her abode with the Parkers in the island She corresponded regularly with her father and paid visits to Santa Cruz occasionally. Bhe is said to be quite a favorite in the smart set of the Hawailian capital. Her father asserts that the Johnsons and Tresconys have tried to poison her mind against himself and that they have been partially succe ul. He was almost be- ide himself with grief and anger last night when talking about his daughter's partial estrangement. She is now 23 years of age. SON PROVES TROUBLESOME. Leo, the boy, was kept hard at his les- sons in spite of his proclivities. He man- aged to make the acquaintance of several voung ladies and his letters to some of them have been secured by the father. They all show that the youth was of an alarmingly affectionate disposition. In fact, he stated to two or three of them that he would like to offer up his life or their sakes. The boy's instructors and the father tried to break him of his attachments and of his numerous bad habits, but to no vail. He proved extremely recalcitrant and resented any and all advice. The Johnsons and the Tresconys kept writing to Dr. Christal to have him transfer the guardianship of the son to them, but he always refused. Then the boy disappeared from school and while the father was hunting for him | | he received a citation from the Superior Court of Monterey County requiring that he present himself and explain why 1 should not be deprived of the child’s guar- dianship. He appeared in court and his attorney, W. T. Kearney of this city, showed that Dr. Christal had every right to be his own son’s guardian. It was shown furthermore that the Monterey County court had no jurisdiction. The physician then filed a petition with the Superfor Court of Monterey County | for a writ of habeas corpus in behalf of the boy, who had remained with the Johnsons in spite of the Monterey court decision. On March 28 of this year the case was up for a hearing. The court de- nled the writ on technical grounds. As the lad left the courtroom his father seized his arm and a struggle ensued for the possession of the youth. Dr. Chrisial struck Constable 8. J. Smart on the jJaw. After a scuffie the combatants rose and the officer had his pistol pointed at the doctor’s head. The latter was subsequently arrested for assault. He was tried by a jury on April 15 at Salinas and was acquitted. It is said that R. F. Johnson hired a specfal prosecutor. MORE COURT PROCEEDINGS. Meanwhile Dr. Christal had petitioned the Supreme Court for a writ of habeas corpus and his appeal was granted. An alternative writ was made returnable in Los Angeles on April 20. The Johnsons were not present. Neither was Leo Chris- tal. Then Mrs. Johnson, Christal alleges, got her husband to get Father R. . Kenna of Santa Clara College to act as guardian for the boy and papers were served on the tather. He paid a visit to the ‘educator and the latter refused to take the gudrdianship. This was early in May. On May 23 the Supreme Court issued another writ of habeas corpus returnabie June 1. Sheriff J. W. Nesbitt of Monte- rey County did not serve the writ Satur- day because it was Memorial day, nor Sunday, but waited until Monday. A writ of habeas corpus can be served at any and all times and may be heard likewise on any occasion. Tre Sheriff pieaded ig- norance of this fact. The Johnsons sent word through a legal representative that they had not received safficient notice. Another hearing took place yesterday. Attorney Kearney for Christal asserted that his client's adversaries had been guilty of contempt. There was warm ar- gument over the matter between the members of the court and finally, by a vote of four to three, an order of arrest SGATTERS COIN ALONG STREETS Lively Runaway Causes Financial Loss to Grain Firm. Cash on Its Way to a Bank Falls Into Hands of Strangers. e A badly handled Salvation Army horse was responsible for an accident on Mis- sion street yesterday that cost Scott & Magner, the Sixth-street grainmen, $320 in coin, the expense of numerous re- pairs to a buggy and nearly resulted in serious injuries to one of the firm's em- ployes. Shortly before 3 o'clock, as is his daily custom, William B. Utter, a collector for the firm, started up Sixth street from the Lrm’s establishment in a buggy for an up-town bank with a deposit of checks and $960 in cash. Realizing that he was late, Utter, on reaching Sixth and Mission streets, turned into the latter thoroughfare, in- tending to make a short cut by way of | New Montgomery street to Market. His team nearly reached New Montgomery street, when it was blocked by a wagon driven by a member of the Salvation Army. In his hurry Utter turned his | horse to one side, with a view of passing | the Salvation Army wagon, but as he did so the driver of the other vehicle gave his horse the rein and the animal sud- denly swung his head around and struck { Utter's extended hands, in one of which | | he was holding his sack of money and in the other the lines of the horse. | Both coin and lines were knocked from | his hands and his horse, feeling the free- | dom of rein, immediately started off on a run. The street"was crowded with teams and as the buggy occupied by Utter tore | along at a rapid pace it continued to | bump into them. Seecing his danger, Ut- ter jumped from his buggy and the next moment his horse, now thoroughly fright- ened, turned madly into New Montgom- ery street. As the team sped along this thorough- fare the coin, which Utter had aban- doned in his effort to save himself, was | scattered in every direction. Finally the | horse turned out of its course near the Palace Hotel and, colliding with a lamp post, was brought to a sudden stop, but | not until the buggy had tipped over and dumped the money that remained in the bottom to the ground. The merry jingle of the coin as it struck the ground attracted a large crowd and soon a wild scramble was being made for the ‘gold and silver pieces. Fortunately, | however, a number of drivers of the | United Carriage Company were near at | hand and they went to the rescue and { forced many in the crowd to give up the | | | money they had secured and it was | turned over to a policeman until Utter, | who had been left behind on Mission | | street, arrived on the scenc and claimed | it. | A hurriea cash balancing developed the | fact that of the $9%0 with which Utter had | | originally started out with there was still | 1320 to be accounteg for, but a c: ful‘ search failed to rec®er it. Much | | coin had been scattered along New Mont- | . gomery street, between Mission street {and the Palace Hotel, where the buggy | was upset, and before the fact had be- come known to Utter it had been gath- | ! the runaway horse. [ | @il @ for Mr. and Mrs, R. F. Johnson was ls-! sued. | They will have to show that they have | | nat been guilty of contempt of | | court in failing to produce Leo Christal or they will be punisped. | Attorney Kearney states that he | will have them arrested and that they | will be in court to-morrow. An inter- | esting session is promised. Dr. Christal and his attorney were returning from | court when they made a mew discovery. | LEO CHRISTAL DISAPPEARS. | A letter was received by friends of the sician in_Santa Cruz which changed | pect of affairs immediately. An in-| vestigation was at once instltuted, with astonishing results. Kearney avers that | he has learned that the much-sought boy | was brought to San Francisco and smug- | gled aboard a troopship bound for the | Philippine Islands. | | This vessel, it is sald, carried a detach- ment of colored cavalry. At any rate, the | gentleman who wrote to the doctor's | friends declares that he saw Leo in Hono- lulu. The youth was at that time attired | |in the uniform of a private of the Ninth | United States Cavalry. He was ragged, | dirty and sore at heart. He spoke to the | | gentleman who wrote the letter, intro- | duced himself and said that he was hunt- | ling for his sister. | | The writer recognized the boy in a mo- ment and offered assistance. When Miss | | Christal heard that her brother was in | Honolulu she had thgee policemen hunt- | | ing for him in half an hour. At last he | | was found. The writer of the letter saw the boy next day with “Sam Parker’s | right-hand man.” They were entering a | clothing store. That night at the theater | Leo Christal, Sam Parker and the “right- hand man” occupied asbox and appeared | i to be enjoying themselves immensely. | | The Santa Cruz gentleman was astound- ed and wrote home, stating the facts and asking an explanation. The matter was set forth to Dr. Christal, and he and his legal adviser took immediate steps to as- certain the method by which they had been tricked. Inquiry at the steamship offices and news from some soldiers put them on the right track, they allege, and they now know how it was accomplished. The anguished parent says that his son is in poor health, that his vices will soon destroy what strength remains to him and that by this trip to the tropics the youth has dug his own grave. The boy is too young, he thinks, to know what will result from his continued dissipa- | tions, SEEKS AID OF AUTHORITIES. Attorney Kearney advised his client to cable the police at Honolulu to detain the young man pending his extradition. This | action Dr. Christal asserts will probably be taken to-day. He fears that obstacles in the shape of habeas corpus proceedings may be instituted in the islands to defeat his purpose. Both sides to the contro- versy are ready for the fray and grasp eagerly at every bit of advantage. The Hawailan Islands are so far away that legal complications may easily result from trying to get the wayward boy back home. It is expected by Dr. Christal that the Johnsons will appear in court to-mor- row and show that the boy is not in their custody. It is asserted, however, that de- tectives will be placed on the case and that no stone will be left unturned that all concerned may get justice. In speak- lnfdot his troubles last night Dr. Christal said: . I vublicly accuse Theresa Johnson and her husband of trying to get control of my chil- dren. They have had nothing else in view for numper of years in their dealings with us, 3 He is my own flesh and blood. T would not et him be a bad man for a mountain of gold. God only knows how I have suffered by his actions these last few years. I never struck him in my life, but he thought he was treated dly because I would not let him have his own’ way in everything. He had no reason to run away. The brothers of the school will say that. When Father Kenna had looked into the matter he wrote to my boy, telling him to:remain with me. . TO SERVE AS ARBITRATORA4 Calhoun and Mahon Send Telegram to O. S. Straus Urging Him to Accept Responsible Position and Cast Deciding Vote Settling Present - Differences Between Carmen and United Railroads 7% /i - a9, N AL, OSCAR S. STRAUS, DIPLOMATIC REPRESENTATIVE OF THE UNITED STATES AT CONSTANTINOPLE, WHO HAS BEEN REQUESTED TO SERVE AS THE THIRD MEMBER OF THE BOARD OF ARBITRATION TO SET- TLE THE DIFFERENCES BETWEEN THE UNITED RAILROADS AND ITS EMPLOYES. =3 4= SCAR SOLOMON STRAUS New York has been selected by Patrick Calhoun and W. D. Ma- hon to act as the third member of the board of arbitration to set- tle the demands of the Street Carmen’s Union upon the United Railroads fot an increase in wages and a decrease of the hours of labor. As a majority will rule in the deliberations of the board of ar- bitration and as Calhoun represents the | railroad and Mahon the employes, accepi- ance by Mr. Straus of the im ortant posi- tion offered him will make his, the un- biased vote, the deciding one. Calhoun and Mahon met yesterday aft- ernoon, and when Straus’ name was pro- Calhoun it was at once accepted The following telegram was ed by Calhoun and Mahon posed by by Mahon. at once prepar | and forwarded to Mr. Straus: SAN FRAN"!SA‘YO. ‘.(Vun- 15, 1903. . Oscar . Straus, New York: HQ'\‘ec;::v» agreed upon you as a third arbiter to act with us in the settlement of certain dif forcnces between United Rallroads Compan: of this city and the Street Carmen’s Union The evidence will be taken by a commissioner and submitted to you in writing. The contro- Versy is an important one and we strongly urge you to accept. Answer care United Railroads. PAT CALHOUN, W. D. MAHON. DELAY WILL END. Should Mr. Straus accept the position that has been offered him there will be no more delay in the proceedings, and the | case will be presented by both sides at L e e S ] MERRY YOUTHS START FOR HOLIDAY AT CAMP McCOY Boys of the Young Men’s Christian " Association Begin Vaca- tion in Forest. The boys' department of the Young Men’s Christian Association left this city at 8§ o’clock yesterday morning for Camp McCoy, in Korbel Canyon, near Guerne- ville. The outing, is which lasts a month, looked forward to with great pleasure by | the young campers. Last year 125 boys were at Camp McCoy, but this year the number increased to such a great ex- tent that the management of the associa- tion found it was only convenient to ac- commodate 150 out of the big list of ap- plicants. The boys went, as usual, under the di- rectorship and care of A. Claude Braden, secretary of the boys' department of the association, and Dr. Albert Berger of Oakland, who will give whatever medical attention is needed. The boys will be al- lowed to fish and swim and enjoy them- selves without restraint, but one of the strict rules of Camp McCoy is the abso- lute prohibition of firearms. Visitors to the camp will be received Thursday, June 25, and Saturday, July 4. @ il @ ‘Why did he o to the Johnsons anyway? He wrote to some friends of his that he was hav- ing things all his own way and living like a prince there at his uncle's. For fitteen long years 1 have struggled and impoverished myeelf that my son should come into his own. I will never give up the fight. He will be saved if there is power enough on earth to do it. It is my son I want—my only son Leon. I love him in spite of his cruel ac- tions. 1 know that he might yet be a aun it he were placed under proper restric- ons. T shall take all possible steps to have him returned. If he continues to stay at Hono- lulu I fear the worst. \ Modern machinery, skilled labor, up to date | of , once. Who will be appointed commission- er to receive the testimony of Attorney | Moore for the United Railroads and E. J. | Livernash .on behalf of the carmen has not yet been decided upon. At the close of the testimony transcripts of the same will be furnished to the arbi- trators, and later they will meet to pass | all issues involved. The meeting | bly may be held in this city, or it may be held in New York. Oscar S..Straus is looked upon as one | of the brainiest men in this country. He is at present the American representative at the International Court of Arbitration at The Hague. Besides being a noted dip- | lomat he has written several clever books | which have attracted much attention, no- | table among them being “The Origin of | Republican Form of Government in the | United States” and ‘‘Roger Willlams, the Pioneer of Religlous Liberty."” IN DIPLOMATIC CORPS. He served with distinction as United | States Minister to Turkey from 1887 to | 1889, and again from 1898 to 1900. He is at | present president of the New York Board | of Trade, presidént of the American Jew- ish Historical Society and of the National Primary League. He is also a member of the executive committee of the National Civil Service Assoclation, the American | Social Science Association and the Inter- | national Law- Association. *He was born in Bavaria in 1850 and was brought to this country by his parents when an infant. He graduated from Co- lumbia College in 1871 and the Columbia Law School in 1873. upon NOVEL LAW POINT IS RAISED BY SCHLESINGER He Alleges Judge de Haven Did Not Allow Jury Sufficient Time for Deliberation. A novel law point was raised yesterday by Bert Schlesinger in the case of Jim Lee and Ah Long, who were arrested a few weeks ago for having counterfeiting tools in their possession. The case was tried on Mav 28 and the jury was dis- charged upon the announcement by the foreman that' it had been unable 1o agree. Mr. Schlesinger raises the point that the jury, had been in deliveration not longer than one hour and twenty-five minutes, excluding . an hour for dinner. He al- leges that the court committed an error in dismissing the jury without haviag given®it dmple time for deliberation and asks - that the- indictment -against bis clients be dismissed. —_————— Risco Sent to Jail. Frank Risco, who was convicted by Police Judge Mogan on Saturday of bat- tery upon Policeman J. F. Welsh, was senfenced vesterday "to serve three months in the County- Jail. Last Thursday he was denouncing President Roosevelt on Clay street, near Mont- gomery, and when Welsh remonstrated with him he struck the officer and con- tinued to fight him till landed in the City Prison. 1 Billiard Tournament. Frank E. Whitney defeated Frank Pe- chart last night in the class B amateur champlonship billiard tournament, now on in Morley’s billiard parlors. Whitney scored 250 to Pechert's 15l. The victor's high run was 2. John J. Roggen and | Frank Coffin will play to-day. To- morrow night L. Barutel, the famous French billiardist, and W. A. Spinks, the methods. Mysell-Rollins, printers, 22 Clay.. * | local expert, will play an exhibition game. He s connected with the firm of L. Straus & Sons of New York, importers of glassware and pottery. As the third mem- ber of the board of arbitration to settle the street carmen’s demands his services will be most valuable, as he served as chairman of the conference held in 1901 in New York when the leaders of capital and labor met to settle many great ques- tions affecting their relations. ADVERTISEMENTS. SKIN-TORTURED BABIES And Tired, Freted Mothers Find Comfor n Cutiara Soap and Ointment When All Other Remedies and Physicians Fail. tired, worried mothers in warm baths ‘with Cuticura Soap, and gentle anoint- ings with Cuticura Ointment, purest of emollient skin cures, to be followed in severe cases by mild doses of Cuticura Resolvent. This Is the purest, sweet- est, most speedy, permanent and eco- nomical treatment for torturing, dis- figuring, itching, burning, bleeding, scaly, crusted and pimply skin and scalp humours, with loss of hair, of infaats and children, as weil as adults, and is sure to succeed when all other remedies “:1" h'.:o belt| mfldnu fall. agon itching and of the skin, as in eczema; the frightf scaling, as in pseriasis ; the loss of and crusting of the scalp, as in head; the faclal disigurement, as acoe and ringworm; awful ing of infants, and anxiety of parents, as in milk crust, tetter salt rheum. ke certainty of speedy and permanent cure, the absolute safety and great' economy have made them the standard nincnmundhnmumdtl:d' civilized world.