The San Francisco Call. Newspaper, July 12, 1903, Page 35

r‘{OU & e % LD Pages 35 to 4 1 | SAN FRANCISCO, SUNDAY, JULY 12, 1903. OETTY WMl DETECTIVES OF NORTH SHORE RAILROAD SEEK 1085 EMPLOYER ’1 Evelyn Aldridge Pleads | Guiity to Several Thefts. IL she WOMAN ADMITS GU: to 1x LEAGUE OF THE CROSS CADETS TO GO CAMPING ury with which to satisty the claim, Sixteen Companies Will Pitch Tents tion off s for One Week at Santa Clara. ca izens of dir thei s, fie! regim or the week mmissicner mmissioners have report v of S8an Fra T $i61.97 w bank broperty, ks ital paid reserve fund is ————— _The me f Retall Grocery Clerks k 4 meeting on Friday E,x " € e following officers | to se r he ensuing year: Pregi- dent I L Montrose: first \?I‘cje presid E. J on; president, E. Kah cording secretary; E. M. Le f 1 secretary, E. M Rellinger: treasurer, Ad Muegge: tru of the d who was re- ntal of real oans and cash | United States Supreme Court. T. e was far ume ast night had been whom s An- but re- | states contested the title of Monterey to Cadets will ra on July 18| himself Santa regi- ors of r last music, band M1~ L will brated each Sun- - € gue’s director, Rev. Philip | Every point has been bitteriy contested, Report. com- the savings banks | preme neisco. in is $6.188 - sit at present $15).- | length, and almost every argument intro- other labilities | duced by the various attorneys interested Grocery Clerks Elect Officers. second vice | stituted before that point could be settled, ~~<<Rpila W DR IAE RICH PROPERTY BOES TO JACKS No Title to Pueblo Grants. The Supreme Court yesterday sustained the claim of David Jacks to about 30,000 | acres of land surrounding the city of Monterey. The property cost a trifle more than $1000 and is worth approximately 200,000. The dispute has been in the courts for many years. Monterey was founded on a pueblo | grant before California was ceded to the United States. After annexation the title to the property on which the town was located was vested in the municipal cor- poration. Early in the ''s the United a portion of the pueblo grant. An attor- ney named Asher defended the suit. After extensive litigation he won his point. He presented a claim for services, and the city’s governing body ordered that he be paid. There was no money in the treas- Finally it was decided to auc- ome land which was a part of the original pueblo grant in order that money might be raised with which to pay Asher. The attorney bid in the property for $1053 85. Subsequently he transferred his holdings to David Jacks. That all happened more than half a cen- tury ago, when land was not worth quite what it is at present. When a cherter was granted Monterey it was explicitly stated therein that the city had disposed of the lands claimed by Jacks. The Supreme Court holds that this fact would make the sale valid, even if the previous transactions had not been legal, which in the opinion of the court they probably were. When the property became valuable both the city and Jacks laid claim to it and carried their dispute to the courts. however. and the litigation has been in consequence very protracted. The claims of Jacks were sustained in the Superior Court, and an appeal on be- half of Monterey was taken to the Su- Court. The higher tribunal re- es to order a reversal. As some Fed- 1 points are involved in the case an- | other appeal is likely to be taken to the | In the opinion rendered yesterday the | claims of the contestants are reviewed at | is considered. The land which Jacks has | won lies on the outskirts of the city and | 18 of great and constantly increasing | value. It will give good returns on the | thousand and odd dollars invested. | "The decision of the court implies that | the title of the city of Monterey Is de- | fective. Other suits would have to be in- however. Prominent attorneys who have studied the case are of the opinion that the courts would uphold the title of Mon- tees—E. J. Erickson, William Stautz and | terey to the site on which the city is August Johnson, built. SHD SIS, TRICK .. EVIDENCE THAT MAY POINT TO TRAIN WRECKERS Officials of Company Assert Their Convic- tion That Miscreants Caused Disasters. AN RAFAEL, July 11.—The detec- tives in the employ of the North Shore Rallroad who have been probing the mystery that appears to veil the recent wrecks on that line, as- sert that they are more than ever con- vinced that the company has suffered through the acts of unknown miscreants. They do not hesitate to place the respon- sibility for the disasters upon wreckers of trains, who, for some reason unknown to them, sought to destroy lives and prop- erty. The identity of these alleged per- sons has not been discovered, even in the remotest degree, but the detectives are | working on fragments of evidence which they hope will be fruitful of results. What object any one could — possibly have had to endanger the lives of passen- gers, as well as*to cause tremendous loss to the company, is unexplained, but the detectives think some discharged em- ploye may have permitted his resentment | to reach to that extreme of revenge, Inquiry among the residents of the com- munities adjacent to the disaster has not s0 far atded the company in the detection | of enemies. A thoroug} scrutiny of the implements most recentfy used in the ob- struction of the tracks furnishes no clew to the perpetrators of the crime. In fact, the only tangible evidence that has thus far been obtained by the detectives is somé, copper wire, which was used to — | | were taken to avert disaster. | badly inured and the company has sus- fasten the plece of rail to the track on July 1, and which was found the follow- ing morning by Trackwalker Gamanini. No such kind of wire can be found in any of the company's warehouses o&machlne shops and the officlals belleve it was ob- tained in some other county. The wire cannot be matched in any of the country stores in the various towns along the en- tire system, but it is used extensively by San Francisco electrical workers. By this piece of wire and by the footprints adja- cent to the track where the cow caused the derailment of engine No. 8, the de- tectives will endeavor to run down the supposed criminals. ‘When the present management took hold of the narrow-gauge system the en- tire roadbed on the”Cazadero branch was overhauled and improved, while the line from Sausalito to San Rafael, including the Mill Valley branch, was entirely re- built. The up-country track was relaid, the trestles repaired and various other improvements were made. Telegraph sta- tions were established at new points along the line and operators were installed, to prevent collision of trains. Trackwalkers | and road inspectors with motor cycles were innovations under the new regime. All precautions, the company declares, With all this, however, the company has been most unfortunate, and within the last month four lives have been sacri- ficed, nearly thirty persons have been tained property losses approximating $150,000. The company has, according to its state- ment, been bothered with obstructions upon the right of way as far back as May 1. The inspectors were continually finding something wrong on the line. Fishplate bolts were often loosened, grass fires were frequently encounterea In proximity to high trestles and various other obstacles seemed to be ever in the way of the train service. In the early part of May cordwood was found upon the rails and trackwalkers had to be most diligent in order to avert disaster. Pony trucks of engines some- times jumped the track without apparent ca Nearly all of these occurrences were noted between Camp Taylor and Tomales. There were many investiga- tions, but the causes were never deter- mined. It was on May 21 that a special train conveying mourners from the funeral of John Dutton was hurled off a high trestle near Point Reyes and Anton Roman and Michael Kirk were killed and twenty-four out of thirty passengers badly .injured. No sutficient reason was assigned tor tnis disaster and the company confessed that it could not explain it. The running time of the train was found to be below schedule, while the track and all por- tions of the running gear were proved to have been in good condition. Three days later the up-country Caza- | dero passenger train, with 175 passengers on board. was wrecked near Tocaloma, about three miles from where the other wreck occurred. This time Engineer John Williams was kiiled, Fireman Robert Clark was seriously injured and other passengers were more or less bruised On July 2 a large piece of rail was found fastened to the outside rail of a curve near Camp Pistolesi, but caused no damage. On Sunday night, July 6, a pas- senger train was deralled near Camp P tolesi and Engineer Fred Hamilton wa killed. This time a dead cow upon the track was accounted the cause. It was supposed at the time that the bovine had died on the companys right of way, but investigation is declared to have shown that the cow was placed there. where it was dragged from a gateway are sald to be in evidence still, and the company's detectives claim they have clew to the identity of guilty persons Two days later, July §, the up-country passenger train collided with a iron “drawhead,” which had been placed upon the track, and Engineer Cannady narrowly averted a disaster. As it was, the locomotive was derailed. These numerous accidents and ing attempts at the derailment of trains, occurring within a few miles of one another, have made the railroad officials suspicious of designs upon the corpora- tion by persons, who in malice hesitate not at murder. The authorities of the railroad say they will leave nothing un- done to ascertain the facts. a @ owa%flw I | i | | | | | | | " cur 4F * . | Torar. N UMBER | . KILLED | TAYIOR. 4 i E&Toflfél mj F | - | 22 %o 2 ‘ Ay o MILES. | ZHGIHE am CR FIECHED. § | section of Line of North Shore Railroad Showing Points Near Which Disasters Occurred. : < . FEARS HUSBAND WILL KILL HER Wite Makes a Serious Charge Against Spouse. The marital troubles of Theodore Schmalholz, a retired sea captain, and his wife, Sophie, of 425 Precita avenue, received an airing in Police Judge Fritz's court yesterday, when the husband was placed on trial on a charge of threaten- ing to kill his wife. During the cross- examination of the wife by Attorney Bahrs she made the startling assertion that their son was driven to commit sui- cide by the conduct of his father. Mrs. Schmalholz testified that for the last four years her husband had quar- reled with her constantly. At times he would catch hold of her, she sald, and threaten to choke her, and he always carried @ loaded revolver. On May 2 he threatened to “lay her cold on a slab,” she testified, and fearing for her life, she sought protection from friends. On cross- examination she was asked if she had not charged her husband with having driven their son to commit suicide. She denied It at first, but finally said: “If my son did the deed his father drove him to it.” Two married sisters of Mrs. Schmalholz corroborated her as to acts of violence on the part of her husband. Schmalholz denied making any threats, and said his wife had him arrested so as to get pos- session of their property. As soon as he had been arrested he saild, his wife, accompanied by her attorney, went to the house and took possession. He admitted carrying a revolver, but sa.w it was al- ways empty. The Judge reserved his decision until ‘Wednesday, but asked that the revolver be produced in court to-morrow, ——————————— Dr. 8. M. Laib, dentist, has removed his offices to 546 Sutter street. . _————— Breaks the World’s Record. CAMBRIDGE, Mass., July 11.—In a race against time at Charles River Park to-day Albert Champion rode a mile on his double cylinder motor in 53 4-5 seconds, making the world's rec- aerd for the distance. NOMISSION DN | 10 BE DBSERVED Native Sons Will Hold Celebration in Lieu of Excursion. The visit of the Native Sons of the Golden West from the parlors in San Francisco, Alameda and Marin counties, thirty-three in all, to San Jose, will nat be in the nature of an excursion, but will be for the purpose of celebrating Admis- slon day on September 9. That was the assurance given to a committee from the Garden City at.a meeting of the joint September 9 celebration committee, held last night in Balboa Hall, Native Sons’ bullding. The parlors in San Jose appointed Grand Trustee Barker, J. T. Lahan and Frederick Doerr a committee to wait on the joint committee to obtain definite in- formation as to what is to be done, as the parlors they represented did not wish to make any arrangements until they knew how far they should proceed. For their information it Was stated that the parlors referred to will visit the cele- bration city on the night of September 8 and on the next day will take part in the parade in that city in uniform and will do all in their power to make the day a success. O. M. Blackman, president of the joint committee, stated further that the com- mittee at this end will make arrange- ments for a parade in this city on the way to the special train and it is expected thad the San Jose Natives will make ar- rangements for a parade in their city, literary exercises appropriate to the day and . such arrangements as they may de- sire for the entertainment of the large number of visitors. Representatives from Sequoia, Precita and other parlors stated that their organi- zations will hold open house at parlor headquarters for the entertainment of their friends and guests and that the celebration will be the equai of any held in the past. Messrs. Lahan and Doerr stated that, having learned what they wanted to know, they would present their report, and that the San Joseans will give the visitors a reception that all will feel oroud of, and that with the aid of the . BURIAL ALIVE, LAWYER'S FEAR A. G. Booth Provides in Will for Autopsy on His Body. A fear of being buried alive was one of the worries of the late Andrew G. Booth, lawyer and prominent Mason, who died several weeks ago. That he was haunted by such a fear, however, was not known until after his death, and then it became known only through the opening of his will. The document, which is holographic, and was made four years before his death, contains a clause directing that before interment of his remains physi- clans shall satisfy themselves by dissec- tion that life is extinct. The clause reads as follow: “I have a horror of being buried alive and hereby direct that physicians shall absolutely determine by the dissection or cutting of my body that life is extinct be- fore my funeral and burial.” Booth, who was a member of the well- known law firm of Booth & Bartnett, left an estate worth $17,000. It consists entire- 1y of personal property. In the will it is bequeathed to his widow, Laura D. Booth. The deceased died of appendicitis, and owing to the conditions surrounding his death dissection of his body was not deemed necessary. ® Uniform Natives of San Francisco, Ala- meda and Marin, there will be a parade and celebration that will do honor to the day and the State. A motion was adopted that each par- lor, through its delegates, report at the next meeting of the committee what it proposes to do in the celebration line and which ones will have headquarters, so that the San Jose people may be further advised to enable them to carry out the plans they have in mind. There were encouraging addresses by ‘W. H. Hynes, L. J. Fenn, Grand Marshal Foley, R. D. Barton and J. H. Neison, after which the committee adjourned for two weeks. ——————— Visitors can board this ship by Tucker's launches only. Clay-street wharf, 1 to 5 p. m. daily. Tickets, at office, 50 cents." * SCOTTSH AITE COUNGIL FORMED New Branch of Higher Masonry Instituted in This City. Another new body has been added to the | higher branch of Masonry in this city This was the organization of California Counefl of Kadosh, Ancient and}jAccepted | Scottish Rite Free Masonry, under a dis- | pensation from Soverelgn Grand Inspector General for California W. Frank Pierce. The council was instituted with all the ceremonies of that degree last Thursday evening in Golden Gate Hall. The fol- lowing named were sellected as the of- ficers for the current term: Frank B. Ladd, gommander; Fred J. H. Rickon, first lieutenant commander; J. de Lamare, second lieutenant; C. E. Babcock, chancellor; James Hawks, ora- tor; Robert K. Dunn, almoner; Charles Jellinick, recorder; John P. Fraser, treas- urer; Louis A. Murch, master of ceremo- nies; Harry R. Hathaway, lieutenant of Frederick S. Laferty, first deacon; 1. Rafenel Aikin, second deacon, and William H. Hindle, sentinel. e commander and first lieutenant are !h?&-tmrd degree Masons, while all the othefs except the lleutenant of the guard and the sentinel, who are members of the thirtieth, are thirty-second degree. This is the third new body of the Scot- tish Rite instituted in this city since Oc- teber last. The first was California Lodge of Perfection, which already has a membership of nearly 200. This indicates strenuous work on the part of the organ- izers and the members. The second body, California Chapter of Rose Croix, was in- stituted on February 10. The membership of this body has grown to such a degree as to call for the next higher rank, which is that of the Knights Kadosh, or the thirtieth degree, which will be conferred July 22. The organizers of the Kadosh are the same who organize the other bodies, with the exception of First Deacon Laferty, who is a demit from the Portland es, and Second Deacon Aikin, who is the 'su- perintendent of the Masonic Widows' and Orphans’ Home at Decoto. The new of- ficers have perfected themselves in the degree work and it is expected that they Marks of | large | seem- | A | NGUIRRE GIEN "~ INOTHER WEEK | Prison Directors Delay in Naming His Successor. | Many Convicts Are Awarded ! Paroles for Good | Conduct. Owing to the pressure of acc business the State Prison Direct their vesterday were unable ses to reach the important question of the San Quentin Wardenship until but a few min- n utes before eves Director Charle brought the g train time. N. Felton, to the attention however, of sul it | the board, and was agreed that the question should be taken up and finally settled at a special meeting to be held at | Director Fitzg law office in this city next Saturday forenoon. On his return from evening Mr. Felton said: ,“The current monthly business relating to both prisons took up so much of the board’s time to-day that we did not get Quentin last an opportunity to consider the Warden- ship at San Quentin until it was about time to leave for the city. The subject, however, was briefly and frankly dealt ith. I suggested a special meeting next | Tuesday, but after interchange of views concerning the time most con ent for all the members of the board, was re- Ived to defer action until next Satur- day forenocon. The meeting is called for that time and for the purpose of electing a Warden at San Quentin and for that pur; only. No other business can tervene to divert attention of the board from the main issue. There is no objec- | tion whatever to a public announcement of this fact. The members of the board impose o obligation of secrecy in this respect. We are to meet next Saturday to settle the auestion of the Wardenship at San Quentin.” The meeting was attended by Commis- sioners Fitzgerald, ex-United States Sen- ator Charles N. Felton, Don Ray and James H. Wilkins. Senator Robert T { Devlin is traveling in Europe and was therefore absent. Minor matters were discussed in open session. After the approval of the min- | utes of the last meeting the Commis- went into executive session and ed until adjournment. | Fourteen applications for parole were | examined and seven were granted, John Heitel, convicted of arson in Napa | County, who had five months to serve, secur®d his release. John Buchanan, con- victed of robbery in Colusa County, who had two months to serve, was allowed | his liberty. W. F. Rau, cpnvicted for assault in this city, secured freedom. He | had a year and a half to serve, but on the earnest recommendation of Judge | Lawlor he was granted a parole. Wal- ter Brady, convicted for burglary in San | Joaquin County, was also released. Wal- ter Thompson, who was given six years for robbery in Sonoma County. and who had two years to serve, was allowed to go. Jesse T. Sutton, convicted of man- slaughter in Colusa County, was also | given his liberty. He still had two years to serve. Relatives appeared befors the hoard in behalf of the prisoner and their appeals were heeded. Frank Lewis, also convicted .for manslaughter, was given the liberty he coveted. He had eleven months more to serve, but the Commis- sioners deemed it advisable to give him another chance. The Commissioners had applications from many convicts who had long terms to serve, and owing to this fact they | declined to free them, despite the fact their conduct in prison {ad been exem- plary. They deemed it better to walt until the aoplicants had not more than a year to serve before granting them a parole. | The application for parole of A. C. Wid- ber, ex-Treasurer of this city;” who was convicted of embezzlement, was not | reached. Widber 4 es to be paroled although his sentence expires next Janu- ary. Widber is at present employed as bookkeeper in the commissary depart- ment. —_———— KRATZ BROTHERS TO STAND | TRIAL IN SUPERIOR COURT | Are Charged With Having Embez- | zled the Funds of a Commis- ! sion House. | After a preliminary hearmg extending | over four months William M. Kratz and | his brother, A. A. Kratz, were held to | answer before the Superior Court by Po- lice Judge Fritz yesterday on a charge of felony embezzlement. Willigm's bonds were fixed in $10,000 and his brother's in William was a partner in the commis- | sion house of the Donandt-Kratz Com- pany, 508 Washington street, and it was | alleged that on the night of February 13 he, with the assistance of his brother, | got possession of $165427 of the com- | pany’s funds and disappeared. W. F. D. Donandt, the other partner, secured war- rants for the arrest of Willlam and his brother. A. A. Kratz was arrested in this city and William, after some weeks, was located in Kansas City and extra- dited. Owing to the disappearance of the funds the company was compelled to go through the insolvency court. ———————— Lecture on the Snake Dancers. | Professor George ‘Wharton James, who | has made a study of California and | Southwestern Indians for the last twenty | years, will give an illustrated lecture on “The Hopl Indians and Their Snake Dance” on Thursday evening, July 23, at the Y. M. C. A. Hall. The lecture will be under the auspices of the Westminster Presbyterian Society. Professor James is a clear and vigorous speaker, carrying his hearers by the force of his word pie- tures as well as by the reproduced pho- tographs of the scenes he describes. —————— All Doubt Removed There is no longer any doubt about the high quality of the bargains at the Keller store, at 1028-1030 Market street. The Kel- lers actually give the values. A half- price sale at Kellers’ means prices really cut in two. No such great arrays of men’'s furnishings were ever before of- fered In San Francisco at half price. Women as well as men are taking ad- vantage of this sale. . Y ° will present it in a manner that will be highly creditable to them. There remains but one more body to be instituted to complete the series of de- grees from the fourth to the thirty-sec-. ond in the nmew organization. This will be the California Consistory, which will be instituted as soon as the necessary paraphernalia can be secured and the books that are required can be obtained. These are expected in the latter part of August and the organization will be In Golden Gate Hall