The San Francisco Call. Newspaper, June 27, 1903, Page 4

SENCE OF 'MPORTANT WITNESSES 3 ADVERTISEMENTS. DELAYS HEARING OF BIG DAMAGE SUIT Trial of Action Brought by J. G. Roberts, Cashier of the Com- mercial Bank of Madera, Against the Fresno Evening Demo- crat, Is Postponed Until Next September at Defendant’s Request INSPECTION DAY KT ENGAMPMENT Companies of the First Regiment Show Their Proficiency. Ball Given by the Officers Proves a Great Social Success. i i h to The Call EANTA ROSA, June %.—The companies he First Regiment were subjected to & morning. Boots | had been shined, buckies polished and the | guns were en at their best. Colonel | Thomas Wilhelm, U. 8 retired, andl a member of the Governor's staff, was | e inspecting officer. He was accompan- ied by General William H. Bisbee, Gen- eral Jobn H. Dickinson, also of the Gov- ermor’s staff nel Charles Evans, Col- Adolph Huber of the commissary de- el | parument, Dr. Harry Fanning and Major | Ducat, who were detailed by General | MacArthur, ecting for the“Secretary of War. The drill lasted for four hours. The gward mount was also inspected. The in- spector appesred highly pieased with the conduct and carriage of the members of the various companies and the execution of the maneuvers called forth his com- mendation. Battalion @rill was given in close and | extended order and in battle formation. These maneuvers took place in a large | field mortbeast of the camp, the regular drill ground being too small for the pur- poses of the inspection. i A dress perade was given and a review | beld this afternoon in honor of General John H. Dickinson. Brigadier General Warfield is expected here and the mem- bers of the regiment are preparing to ve him a royal welcome. | There was general regret expressed by | the men to-day over the failure of Gov- ernor Pardee to Vv the camp. Up to st momer > boys had expected | J* official in e honor their camp been named would visit them and their | disappointment was keen when it became | the chief executive of the of its military o be their gue officers’ ba which Ridgway Hall, were ball was the chief stay of the regi- f the most enjoyable ertainment. A com- ng with officers of harge and the dev- were out in large I was elaborately de Thé music was st Reg- uniforms evening nce made committee was | reagh, Captain utenant Mar- mmond of the nel rd Regiment nant Claypool E knowr litary pretty tention battle Thi company b g work, hav- 10lds in seven and a tled the pontoon ttempt LITIGATION OVER WATER RIGHTS IS FINALLY ENDED Time Could Be Taken in the Cache | Creek Suits. WOODLAND. Expires in Which Appeals > June 26.—The time within b appeals could be taken in the suits determine the conflicting rights to the che Creek expired yesterday, the time within which an "11;‘- te waters o as also peal could be taken frgm the order di- ect the gale of the Moore ditch prop- erties. The vr.v. fers of the properties summated, the deed of the re- eiver being delivered to J. Craig, the aser, and the purchase price was by e receiver paid over to the parties en- tled to it under the order of the court. As goon as the proper conveyances can | be drawn the properties acquired by ig will be transferred to the Yolo ' nsolidated Water Company. Ditch Company and the own- e Adams ditch will convey all | rights to the Consolidated Water Company, which company will thus be- come the owner of all the different water | rights. Work has be side of Cache ( ers of | their progressing on the north | eck, and rights of way are being procured on the ditch from Capay to Winters. Work will be com- menced on that branch as oon as the right of has been procured | ——————— SEELEY’'S DREAM LANDS HIM BEHIND PRISON BARS | | cember Unwisely Publishes His Vision and | by so Doing Libels One of | His Neighbors. R Jufe 26.—-J B. Seeley { Farmersville will have to serve six | months’ imprisonment in the county jail for publishing a dream. About two years ago Eeeley created a semsation by pub- ghing and circulating what he claimed thereby libeling a neighbor dage. The jury before which tried found him guilty and y allace sentenced him to six ths' imprisonment in the county jafl The case was appealed and Seeley was re- carcd on bonds. The Supreme Court re- | denied a rehearing and the dreamer must serve his sente ———— People of California Will Find the Best senger tiain service on the Pennsyl- a System of Railroads over which through trains run from Chicago to Pitts- mirg. New York and all points East. For particulare sddress E. M. Pomeroy, 621 Market street, S8an Francisco, 2 — e Randsburg Mine to Be Closed Down. June 26.—Charles Adams. uperinte o the Morton Mining and Milling Company, has received orders from the company to close down Jtseprop- ‘ erty here. The Mattie mine was closed down last night pending the arrival of air | pipes from Los Angeles, the ajr in lht’ mine being €0 bad that the men were un- | eble to fire the shots and candles refused 0 burn o | that two of their leading witness | with the spec | A. Alford, | Thurman, | ley explained that he AB LEADING COUNSEL AND TH WITH THE GREATEST IN7 OF THE PLAINTIFF AND DEFENDANT. JURORS ARRAIGN Accuse Him of Obstruct- ing Justice and Aid- ing Criminals. PRGEAEGAN, Assistant District Attorney Is Removed From Office by Judge Moore. h* . —e for September 22. The matter of drawing & new jury has been left to counsel. They may agree upon some one to draw the panel. ‘When the case comes to trial, if ever it does, some sensational testimony will be given. The feeling on both sides is in- tense. Charges of bribery have been made by the defendants in a deposition on file. It is the sworn testimony of J. T. Merrill, the reporter who wrote the arti- —_— FRANK N GouLD. 2.—Failure "to substantiate sensational charges he made against the Federal Grand Jury May 9 resulted two days later in the removal from office of George B. Grigsby, acting District Attorne: In the same order District Judge Moore appoint- ed John L. McGinn as United States Di trict Attorney. District Attorney Melvin Grigs Nome last fall, to remain out during the winter. During his abeence George B. Grigsby, his son, acted as District Atto ney until the intervention of the court. McGinn’s appointment, according to Judge | Moore’s order, runs “until the disabilit of Melvin Grigsby, by reason of his ab- sence from Nome, be removed, or his successor is appeinted. United States Marshal Frank Richards was Jury, Moore on June 11 fifteen typewrittén pages. the report was submitted one of jurors hand Judge which he said was signed by eleven mem- bers, or one-half of thé Grand Jury, and represented, the juror said, a dissent from the original report.— Judge Moore stated | that there could be but one report, and | ordered the original, which was smbmitted to the court by the foreman and placed e/a/qfsce[{l gi which made its report to Judge The document covered At the time the Hill has made an affidavit in which he declares that the report submitted by him was the only one considered by the Grand report was prepared by Marshal ards’ friends after the jury had formally adjourned. The original report arraigns Marshal ing his office and the Federal jail the alleged false and untrue. rep tions made by him to the Attorney Gen- eral. It also charges Richards with ob- structing the process of justice by aiding and abetting men charged with crime. ERMUREET AT Holidays. The cheapest and best way to spend the | Fourth of July holidays is to take an out- ing to some place along the GALIFORNTA NORTHWESTERN RAILWAY. Special | rates will govern, so that every one can spend the Fourth away from the noise and confusion of the city. In the resort column of this paper will be found the advertisement of this com- pany, giving the special rates. L J PR ) did Mr. me and more money. “How much mone: Timmons offer Y0 Five hundred dollars." COUNTY IS INTEBEST‘D. The defense also alleges in the affidavit that other witnesses have been tampered with. Some, they claim, have been forced to leate this vicinity and others have been induced to retract statements they | previously made. \ The suit has interested the whole of Fresno County. The parties involved are well known in this vieinity, and the resi- dents await the outcome of the suit with great curiosity. The Fresno Evening Democrat, which is controlled by the ARK. FLAISTED. - —_— “IPALS IN A DAMAGE SUIT, THE OUTCOME OF WHICH IS AWAITED BY THE PEOPLE OF FRESNO COUNTY OWING TO THE PROMINENCE Mark R. Plaisted is president and man- ager,-is the leading evening paper in this section of the State. J. G. Roberts, the W. B. Thurman, former Sheriff of Madera County, was shot a d we- riously wounded in a pistol duel in the kitchen of his home on the | morning of December 31 last. Thur- | sailant escaped through a and disappeared before the who were attracted by the A hat Rob- officers shooting reached the house. and a pistol belonging to J. ¢ | erts were nfterward found kitchen and their prescnce was ex- plained on the theory th Thurman had been shot by a burglar who had first robbed Roberts’ home. A few days later the Fresno Democrat published an article ridi- eculing the burglar theory and in- timating that Thurman had been whot by Roberts. Roberts thereupon brought suit against the newspaper to recover $75,000 damages. Evening | the | SAYS SHERIFF IS HOSTILE. |up behind me and asked, ‘Is that you, Mr. | Evening Democrat of January 7, 1903. 'I‘hs‘ The attorney for the defense then made | Merrill?" T said I was Mr. Merrill. He asked | article is headed “Who Shot at Thur-| a request for a new venire of jurors. He | ™% [How 12 your rocollection of the Madera | manz Thurman at the time he is alleged made the sensational announcement that f‘."" O e (o satd here ore a mam: | to have been shot by Roberts was Sherift | he did not want Sheriff John M. Jones |ber of things in that article which you cannot | of the county. He has been loth to talk | to draw it, as he was hostile to the de- |Substantiate, and he could readily change it | ghout the shooting and has béen greatly | | fendants. The plaintiffs agreed to a con- |& bit by a statemen that would put me and | perturbed over the articles which have ADERA, June 26.—The libel suit | filed by J. G. Roberts, of the Commercial Bank of Ma- dera, against the Fresno Demo- crat Publishing Company, not proceed to trial to-day. At the pre- liminary hearing, held before Judge Con- ley, the attorneys for the asked for a continuance on the grounds were absent and because they were dissatisfied al venire of jurors. When the case was called thig morning there was an imposing array of counsel in the courtroom resented by and Frederick Ostrander and Louls H. Smith of Fresno. The Democrat was rep- resented by Judge J. G. Maguire and Frank H. Gould of S8an Francisco, O. L. Sverts of Madera, D. 8. Ewing of Fresno and Guy S. Hely of Madera. W. another of thé newspaper's counsel, was unable to attend the hearing Judge Maguire read a list of witnesses he intended to call, and stated that W. B who is alleged to have. been shot by a burglar on the morning of De 31, 1%2, and in whose house the pistol alleged to be the property of Rob- erts was found, was absent. Judge Con- had allowed Thur- man to go to Los Angeles on business. Thurman, he said, would return within a few days. Judge Maguire also anfounced that Asa Holbrook, a necessary and ma- terial witness, was absent, although he had been properly subpenaed. A detec- tive named McDonald was placed on the stand to swear that he Holbrook. The attorneys for the plain- tiffs objected to a continuance aud the Judge directed counsel for the defense to make the proper showing by affidavitsy WITNESS REMAINS AWAY. At the afternoon session an affidavit, gworn to by Mark A. Plaisted, president | and general manager of the Fresno Dem- ocrat Publishing Company, was read in | support of the motion for a continuance. The affidavit =et forth that if Holbrook was called as a witness he would testify that 1t was common rumor and currently expressed by many of the citizens of Ma- | dera that the said J. G. Roberts was the person who entered the house of the said | W. B. Thurman and did then and there shoot and wound him. The affidavit fur- ther set forth that Holbrook would tes- {ify that a woman named Aliee Beimont was beaten by some one in the presence of the plaintiff on the night preceding the shooting, and that Holbrook would tes- tify that Alice Belmont had come to the Yosemite Hotel, where he was working as barkeeper, and told him who struck her. This statement, counsel said, would refute the aliegation of plaintiff that he home in bed on the night in question. dia | cashier | newspaper | The plaintiff was rep- | Francis A. Fe¢ of Madera | had subpenaed | “dudge Magulie thep ashed (hat a bench | — % cle which forms the basis of tie libel plaintiff' i the case, is a son of Return Roberts, one of the wealthiest men in this warrant be issued for the absent witness. county and president of the Commercial Attorney Ostrander joined in the rewsun. Following is an extract: Bank of Madera. Young Roberts is fa-| st e jln‘"d that the plaintiff was | yr Goula—Mr, Merrlll, did ‘you ever see | miliarly called “Dick” by all who know anxious to have Holbrook brought into |peputy United States Marshal L. P. Tim- | him. He is cashier of his father's bank court, as he wanted the defense to prove |, and is said to be a leading factor in the their assertions. He said he did not hcf" A.—"Yes, sir. T was going into the Slitz [ affairs of his county. He sues the pub- lieve Holbrook would testify to the state- ppany for $75,000 and bases his ments set forth in the affidavit. ol e e s | saloon in Fresno, a little after suit on an article published in the Fresno | | off work in the afternoon. 30, when I got 2 A man was coming the people of Madera right. e make a statement there was a better job for and Judge Conley set the case | appeared in the Democrat. THE STORY OF THE Free Oil Painting “Dictating a Letter” Kick Like a Bay Steer If You Don’t Get One With Next Sunday’s Call “Dictating a Letter” is in Mr. Roseland’s happiest and most graceful etyle. It is rich in sentiment, in color and in delineation of character. The story it tells is of a bright, young, healthy girl entering the lowly cabin of a pair of venerable darkies and sitting down to write for them a letter to a dear and distant child. The realism of the painting is quite ap- parent, and the striking contrast of the types—the aged colored people and a fair young woman with rosy complexion and fetching summer frock—is delightfully pleasing. It is a charming illustration of genre painting. As the old “mammy” leans on the table dictating to the pretty amanuensis the news she wants to send in the letter, one can almost imagine the words she utters, so interested and expressive is the fur- rowed black face. Then the venerable colored father leaning between the ill-zesorted pair suggests eager participation in the confidential goings on. One can also imagine the vast difference between the oral and the written words, and must have, too, a personal fondness for the kindly maiden, wkc so willingly writes down the untdtored expressions of her darky friends. ‘‘Dictating a Letter” is a very happy effort from every point of view, and the artist has added largely to his reputation by this particular canvas. He is an American painter, born in Brooklyn less than forty years ago. He has devoted himself to the delineation of regro charac- ters especially, and was the winner of the celebrated Hellargotten prize at the "‘ational Academy of Design three years n‘o with his picture en- titled “An Interesting Letter.” Tell Your Neighbor to Subscribe if He Wants a Free Art Gallery. ALL NEWS AGENTS SELL THE CALL. + SR ] NOME'S MARGHAL: NOME, Alaska, June 18, via Seattle, June until | severely - arraigned by the Grand on file, the court refusing to consider the | so called dissenting report. Foreman John | Jury, and it is alleged that the dissenting | iy Rich- | I Richards for the alleged exorbitant and | extravagant expenses incurred in conduct. | Where to Go for the Fourth of July Democrat. Publishing Company, of which | BILIOUSNESS. TORPID LIVER. INDIGESTION CONSTIPATION DIZZINESS. SALLOW SKIN b Genuine Wrapper Printed on RED PAPER BLACK LETTERS Kook for the Signature | RAILWAY TRAVEL. California Moore a paper, | Limited... 1 CHICAGO An Ideal Train For Those Who Seek the Best | ANTA FE TRAINS. } et-street Ferry Depot. | Lim'd | Local [Ovrid Daily Daily | Local | | Daily Lv. San Fran. Ar. Stockton | 7+ Merced . | * Fresno | or mornings p for afterngon. | m. Datly i8 Bakersfield ping all points in San Joaquin V rcspovdmg train arrives at 8:55 a. m. daily m. Monday and Thursday Is the | C. D, carrying Pal- ace Sleeping and Dining Cars through to Chicago. Chalr cdr runs to Bakers- accommodation of loeal first-class pas- kets are honored on this train. Correspond! train arrives at 110 p. W Tuesday and Friday. { 30 a. m. Daily, Valley Limited, Composite ‘t-r and Reclining Chair Car between Bakers- | field and San Francisco. Corresponding train | ‘:rr\\os at 11:10 p. m. dally. H | No second-ciass Corresponding | 00 p. m. is Stockton Local. crain affives at 11:10 a. m. daliy %05 . Daiiy is the Overland Express 8:00 p. with through Palace and Tourist Sleepers and Free Reclining Chalr Cars to Chicago SICK HEADACHE FURRED TONGUE. " meToucH LIVER TEAVE Smatl Pl Small Dose. Small Price. . AR SOUTHERN PACIFIC d are due to arrive at Trains leave n:_nA‘cuc" x “ABSOLUTE SEGURITY Geouine CARTER'S LITTLE LIVER PILLS mast bear Fac-simile Signature _of RTER'S ITTLE 7904 57 A i Sacrs “Bonicia, Saisun, EImi mento Yacaville, Winters, Rumsey Martines, Sam Ramon, Vallejo, Napa, Calistogs, Saata T Niles, Lath Davis, Woodlas - 0 And Chico Atlantie Bxprese— Ogden and East Port Costa, Martinez, Antioch. Stockton,Sacramen: Port ta, Martiacz, Laihrop, o Merced, Fresno, Goshen Hantord, sto, Junciton, Tastbound. Tracy. Ls- Merced. L throp, Stockton. mond, Fresno, Hanford, Bakerstield, Los- Angeles (Westhound Coast Ex vis Coast Line) . The Overland Den ™ 4.250 5.25» 0. 7 alistoga, Santa Kom 9.254 Lathrop,Siorkron. 10.254 4.2 18.554 joue, Livermore. 11,562 Fresno, Tulare, 4, Les Angeles; con- n st Saugus for Sants Bar- bara, 8.8 Port Costs. Tracy, Stockton, Los Banc . v Niles. Haywar Orienta = e Oma Louis. Chieago snd Es. s Pullman Car pas- sengers only out of San Fran- Palace Sleeper, which cuts out at Fresno. cisco. Tourist cor and cosch responding train arrives at 6:25 p. m. dall passengers (ske 7.00 r. M. trafn | " Personally conducted parties for Kansas to Redo, continuing thenee fn Chicago and East lea San Francisco ev thelr cars 6 r.u. train esstward.. 4. Monday, Thursday and Saturday at 8 p. m. d. nurd Offices—641 Market street and in Ferry De- o t pot, San Francisco; 1112 Broadway, Oakland. }";’,;“'u.' PT."R:";O:;:;:; reeno, Berends, Ray | Yosemite), Martines. Arrives.. 8284 CALIFORNIA NORTHWESTERN Ki. C0. 7o e Cova, Narinei 11282 v . Sacramento, Truckee, eno. SAN FMIGISW AND lll]fl'fll PACGIFIC ® RAILWAY COMPANY Stops at stions eant of acramento - . Tiburon Ferry, £oot of Market St. 8.067 Oregon & Calliornia ixpress— Sac- | saw nucuco TO SAN RAFAEL. ramento, Marysville, Reddin WE! $:00, 9:00, 11:00 & Portiand. get Sound and Eset. 8.56a 35, " :m 3 oo. 5:10, 5:50, 6:30 and 11 756 | waer H:y‘:z:’dvtxue, and San Jose (Sun- 1.8 Saturaays—pitra itrip at 1:30 p. 11267 Port Costa, Tracy, Latbrop, Mo- SUNDA Y87:40, 8:00, 380, 11:00 a m.; 1 30, | desto, Mer Raymond (1o Yo- | 2:30, 3:40, 5:10, 6:80, 11:30 p. m. glcmite)_ Fre . 2&, ‘ 50850y a'x’-‘fom“" —COAST LINE ( <oy 12:00, 3:40, 5:00, 5:20. | Troot 5f Market Strect.) —Bxtra trip at 1:45 p.m. | = | 0120, 11D o s s | A Crus Bxcarsion (Sunday o i 00, 8:20, 8:10, 6:25 p. m." {Ex" | 8.16a Newark. Centerviile. Sen Jose, | _cépt Saturdays. | Felton, Boulaer Creek. Sants Leave | _ 1In Effect Arrive | s Pt ‘Eun Francisco.| May 3, 1903. n h’nnclsr‘o.} 2160 Newark, Centerville, San_Jose, - === \‘tok‘ Sun- | Destina- I i Principal Way - | tion. ys. | 4167 Newsrk, San J 45a| 7: way stations (on Ssturday snd 40al 8 Sunday runs through to Santa Ignacio. 20 a 10 Cruz, connects st Feltom for 00 p{ 6 Boulder Creek. ~Mondsy only 20 p| 7+ from Ssata Cruz) | 25 p| OAKL, Np HAflBOH FER“ Y. | FE From AN TN 1o0 Fot o Market St. (Slip%y | ocain L EE 100 o, 100 300 5.18 7.5 f:! (- weaad 8 , Foot of Broadway — 16:00 33:08 > oo 50| 7 18:05 10:00 «x. 1200 200 4.00 . i | santa Rosa. 383 COAST LINE (Broad Gau | . - Fasend Strecte 220 a10: Jose and Way Statfons. Fulton. 25p| 6 Jese and wey Staions .. & | |7 17004 New Almaden 74109 Windsor, Healdsbury, 30w Lytton. Geyserville, Cloverdale. Hopland and Ukfah. 1 Willits. mp Vacation. Guerneville | Sonoma, Glen ElI connect at Santa Rosa for Whits | Sulphur_Springs; at Fulton for Aitruria and Mark West Springs: at Lytton for Lytton Springs: at Geyserville for Skaggs Springs; at Cloverdale for thé Geysers, Booueville apd Greenwood; at Hopland for Duncan Springs, Springs, Kelseyville, arisbad pri Soda Bay, Lakeport and Bartlett !pnnn at Ukiah for Vichy Springs, Sa Springs, Blue Lakes, Laurel Dell Lake, Upper Lake, Pomo, Potter \,zuey Day's, Riverside, Lierl Bucknell's, Sanhedrin_ Height Hullville, Orr's Hot Springs, Halfway House, Comptchs, Camp Stevens, Hopkln Mendocino City, Fert Brass. at Willits for Fort Brags, shorwood Cahto, Covelo, Layton- Bell's Springs, Harris, Ol- Garberville, Pépperwood, Scotia Westport, ville, Cummings, n's, Dyer, and Eureka. aturday to Mondy round-trip reduced rates. - On Sundays—Round-trip tickets beyond San Rafasl at Ralf rate: tickets at 10 21l points Ticket office, Market llree( Chronicle building. H, C. WHITING, =5 B X RYAV Gen. Klm Gen. . Agt. TO SAN RAFAEL. | t SAM QUENTIN, i| MILL VALLEY, CAZADERO, ETC. via Sausalito Ferry 40, 5 B 00, o "o Sundlys all"tratng 9 m”. = to 8:00 p. m. conneet for Fairfax Park Traina marked (&) slin to San Quentin. FROM SAN RAFABL RA ”DEPART-—fi B.flfi.ibb 1608 18: Taing mnrlud start from San Quents rnou LT VAL 1} 0 AN rR"ANclsr‘r) RT. 3 i 1IN 5 8 Cazadero and way stations. ns. —Ca; 0 and 8.004 s ® 03.30r 04.30r s, | otb.Ga» »!5 !:; B 8.00® Palo Alto and W, n171.30: onsthencey Santa Darbara, and Los - Ao- geles. Conmeerion at Castroville Obiepo, (nmtul statl, to. and from Monterey and Peifc ow York.Chicage, Orleans. E1 Paco. Los An- ge ata Barbara. Arrives, 8an Jose sud Way Stations.. §an Joge, Los Gatos and Way Sta- P Sen Jode wnd Way Siations San Jose and Way Stations Del Monte Fxpress—Santa Ciara, San Jeee, Dol Mogte, Monterey, Pacific GTove (connects af Sants Clyrs for Sauts Cruz, Bouldgr ek snd Xerrow Guuge Poiate) ariingsme. San Mat; ood, Menfo Park, Paio Al Masd Jose snd Way Station i g ey os Satos. Wright and PRacipe: Way ons. 8an Jose and Principsl Way Stations D Mateo Beresford, Beimonc. San Carlos, Redwood, Fair Osks, Menlo Park. e ‘Alto....... iy Stations.. Suvset Limnod ? Fastbound . Sauta Barbara, eming. El Paso. s, New York. (Westbound sTrives vin Som . aquin Angeles, Milibrae, Fio e'.é'Jo-o and Way Sta 18.00a " 19450 _19.452 A for Mornin, * Saturday and Supde only. lt:pl at'all stations on Sundsy. dag excepted. $ Bunday only. Ffor Arternoon. only ¢ Commects at Goshen Je. with tratns for Hanferd, Visaila. «Via Coast Line. m Arrive via Nfles. 7 Tuesdny and Friday. ¥ Via Sen Joaquin Vailey % Stops Santa O €3 ept Sunday, fo ces south bound only. € ) points Narrow Gauge. Valeacts St ot $0p At Fresno, for Visalin vis Sanger. Daily exceps Saturday. onnects, MOUNT TAMALPAIS RAILWAY Leave !n Fran. Via Sausaiito Ferry Foot of Market St. ARKET and SauvsaLTo {North Si a J ‘Fenny, Foot Market St