The San Francisco Call. Newspaper, September 17, 1903, Page 3

THE SAN FRANCISCO CALL, THURSDAY, SEPTEMBER 17. ATTORNEY INVITES WITNESS TO MEET HIM ACCORD INGTO QUEENSBERRY RULES Lively Scene Is Enacted in Court Before Judge Sloss When Lawyer Hiram Johnson Pesters Beale and Williams With Questions Untii- Endurance Ends 3 — (] v ,,‘ml[. B | | | | | | | WHO WITE LLIAN i1 TRUXTUN BEALE IS BEI G SUED BY EDITOR FREDERICK APPEARED YESTERDAY WHILE ON THE WITNESS STAND IN JUDGE MARRIOTT MAGES, AS H & 2 HE dignity adge Sloss’ court- room came rously near to | r 1 ste by a t between Attorney Johnson for the plaintiff me when Attorn xtun B ross-examination, d Williams Marriott in his ADVERTISEMENTS. Ceased During Fajnting Spells. Revived by Artificial R espiration. Dr. Miles’ Heart Cure Cured Wife. e indication of a ot do the work if it ceases Weak he ave aid_fro tside, sy as Dr. Miles’ Heart Cure _alone can give. 2 heart tonic. It regnic s the bloed and im: nting spe. weak heart. The 2nd stops b culation. very poor ied ‘her a of breath a of the spinal c the brain and from there to kad two very bad sink >esor: te artificial res; W- wese sdvised to give D - 2 trinl and I bought 2 bottle and b: L We jound the h tes hrst bot- cr frez book Address i and gaaran s Soad & on Ne De. Miics o yrocer if all like Schilling’s Best on back terms. The world hasa't got the | own house?” “That is false. I have admitted nothing of the kind,” rcturned Beale hotly. “It is not false—that truth is shown by the testimony,” vociferated Johnson, squaring his shoulde the witness, They W , Who was sitting behind | Dunne, his counsel, came to the rescuc of | his co-defendant. “Are you a lawyer or a prize fighter?” asked Williams Johnson uncorked the vials of his accu- .mul ted wrath. Turning to where Wil- | liams was sitting he shook his finger at him savagely and delivered himself: | | ‘"Well, possibly I am enough of both to | take on elther you or Mr. Beale, or both if you will come at me from the frent.” ! Disorder reigned for a minute and then the Judge admonished the combatants that he would tolerate no more such scenes. | TESTIFY FOR DEFENSE. | The case opened in the morning with | the examination of Detective Thomas Gibson. Attorney Dunne cl!f’ll(‘d from | him the fact that to "him Mrs. | Marriott made the same statements she had to the two other members of the police force to the effect that she heard five shots altogether and that she was in the nursery until after the third been fired. Upon cross-examination Gibson admitted that when Willlams wa: arrested at the Pacific Unlon Club no ef- the the of fort was made to relieve him of v ith which he aad done g and that no memorandum what Mrs. Marriott said about the affr; had ever been turned in to Chief of De Martin. rd Jeffrey, who was at the time of reporter of The Call and alled to interview Mrs. Mar- riott on the night of the shooting, then fated the stor who was on the ceivirg riett in the same ited Wil the stand behalf. question- attorney he e a detailed of the affairs of the night in which the editor of the News Letter had been ed by himself and Beale. The wit- luded to the alleged defamatory hich had appeared in the News r @ inst the aflianced wife of Beale o the effect which 1t had upon both in question and his friend. He next told of how Beale had stated a de- ation to demand a retraction from b tt and of their trip to Marriott's ! house on the night of September 3. WILLIAMS NOT ARMED. t blow in the struggle which took place in the hallway of Marriott’s i but that he only struck to defend . When Marriott was running up Williams asserted. the editor * the top and made a demon- if to draw a revolve fams was turped over to which occurred between the two in crimi trial before Judge Cook in even a more viru- the 4 would be duplicated lent degree. e you armed with vour 44-caliber nd vour dagger at present?’ tlorney. vour benefit 1 left them at n,” suavely replied Wil- home, Mr. Johnso for | tams. | “When you, Thomas H. Williams, rang up Mr. Marriott from your home and said over the telephone that ft was Truxtun Beale w 1king, that was not the | truth, was it? “It was the truth in that I was acting | as the agent of Beale.” Joknsen repeated the = question with measured cadence. Willlams' ~ temper snapped. “You are very dense, Mr. John- son,” said he. Jjohnson continued his | cross-questioning to great length, failing to catch the witness In any material peints of his testimeny, but succeeded in by the police | a | intained that Beale did not | on it soon became evident that the | < : — | arousing his ire evidently to the strain- | Ing point. Willlams would not admit that | he accompanied Beale to the house of | | the editor to act as a referee. He also | | stoutly asserted that he only fired upon | Marriott when he thought that he him- | sclf was in danger of being shot down. | BEALE SUFFERS ALSO. | Beale had little more success at keep- | ing_his temper than Williams. Upon di- rect testimony he related a story which tallied with that of Willlams in every particular. When Johnson took hold of him trouble commenced almost at once. “Did you take a gun out to Marriott’ house because you were afrald of him asked Johnson, “Well, I did not know to what a pass | our interview might come.” replted the witness. “And you hit a defenseless man on the head with a revolver in his own house | and within call of his wite and children?" | Beale replied indignantly that he be- | lieved Marriott to be armed or he would not have taken such measures. Willlams intervened at this juncture, and after the Judge had straightened matters out the taking of testimony proceeded more | peacefully until the defense had closed its case. fter the closing of the testimony, Hi- m Johnson renewed the motion pre- viously entered in the early part of the trial to strike out all the testimony re- lating to mitigating circumstances as be- ing utterly at variance with the plea of 1i-defense, which the defense is stand- ing upon. Judge Sloss took the matter under advisement and will announce his decision to-day when the trial is re- sumed. C o U Accused of Stealing Tools. | H. E. Fleming, 1329 Hayes street, who has a hardware store on Third street, |secured a warrant from Police Judge Fritz { vesterday for the arrest of Louls Helbing on a charge of petty larceny. He sald | that Helbing had been hanging around | his store and yesterday morning Helbing | stole thirty feet of lead pipe and several | tcols of the ue of | | | —_— e News in Army Circles. Fifteen recently appointed lieutenants who are ordered to the Philippines paid their respects General MacArthur at | his headquarters yesterday. One private was sentenced to pay a fine of $30 and an- other to be imprisoned for nine months by the department commander yesterday. The soldiers on duty at Fort Mason held a field day yesterda: —————— Sues to Recover Deposit. Mary Shannon brought suit yesterday against the Von Rhein Real Estate Com- pany to recover $300 she deposited with the firm to bind the purchase of a piece of realty on Van Ness avenue near Lom- | bard street. She says that after making | the deposit she learned that the title to | the realty swas defective and demanded its return, but was refused. | e Must Not Visit Dance Hall. Eva Cournier, 16 years of age, who was arrested on complaint of her father be- cause she persisted in performing in a | dance hall at 406 Dupont street, was or- | dered by Police Judge Fritz yesterday to keep away from the resort. The Judge will make an investigation and the girl was instructed to appear again on Sat- urday, when he will decide what to do with her. —e ! Lighting Company Mortgages Plant. A first mortgage was filed for record vesterday covering a loan of $00,000 by the California Safe Deposit and Trust Company to the - Mutthl Electric Light Company secured by a bond issue in the sum named. The lighting company mort.- gages all of its properties now owned or hereafter to be acquired by the corpora- tion. —_————— Special prices on instantaneous water heaters at the San Francisco Gas and Jilectric Comvany. . . * | night Sir Thomas DOGTORS SHY LIPTON IPPENDICTIS Distinguished Patient May Have to Under- go Operation. Physicians Declare Condition Serious, but in No Way _ Critical. —_— Latest Bulletin Announces Improve- ment, but Members of the Irish Baronet’s Suite Are Very Much Worried. g Special Dispatch to The Call. CHICAGO, Eept. 16.—The serious con- dition of Sir Thomas Lipton and the com- plaint from which he is suffering were officlally made public in & bulletin issued late this afternoon by the three special- ists in attendance. follows: The disease, colitis and catarrhal appendi- cltis, 1s progressing favorably and patient satis- factéry. HOMER M. THOMAS. M. D. GEORGE W. WEBSTER, M.'D., NICHOLAS SENN, M. D, The foregoing was given out after a second consultation held by the physi- clans. Another conference and examina- tion were held to-night, and at 11 p. m. the following bulletin was issued: The condition of patient continues satisfac- tory. HOMER M. THOMAS, M. D, ORGE ER, M. D., ICHOL. D. At midnight Dr. Webster said that it had not yet been determined whether an operation to remove the vermiform ap- pendix would be necessary. In its pres- ent stage the baronet’s ailment is de- scribed as ‘‘catarrhal”’ appendicitis, in which there is inflammation of the ap- pendix, unaccompanied by the formation of pus or absce Should suppuration ensue, says the physician, an operation might be unavoidable, while in any case it is far from being an unlikely mode of treatment. The symptoms noted in the examination of Sir Thomas are described by Dr, Web- | ster as follows: We found that our patient was suffering from paing of an intense and colicky nature in the region of the appendix, that there was muscular Figidity on the right side of the body and local- ized pain and pressure, accompanied by fever. Sueh symptoms, it was added by Dr. Webster, are common in appendicitis. What shall be the precise line of treat- ment pursued in the case of Sir Thomas is declared to be purely a matter for | speculation as vet despite the fact that ielded to diagnosis. ter the examination to- ell into a doze, out his disease has Immediately of which he did not awake for several hours. According to the physicians, the Irish baronet slept most of yesterday. This may have been due to the fact that opiates were almost constantly adminis- tered to him to ease the intense pain he was undergoing. All of the members of Sir Thomas' suite passed an anxious day and evening. De- spite the assurances of the that while the patfent’s condition was se- rious it was as yet in no way critical they were much worried. Many telegrams of sympathy were received by Sir Thomas to-day. ——— e GRAND EXALTED RULER OF ELKS APPOINTS OFFICERS Thomas E. Dunne of This City Will Fill the Position of Grand Esquire. INDIANAPOLIS, Sept. 16.—Joseph T. Fanning, grand exaited ruler of the Be- nevolent and Protective Order of Elks of | the United States, to-night completed the list of appointments of national officers of the order. They are: Board of governors for Elks’ National Home, Meade D. Det- weiler, Harrisburg, Pa.; Thomas F. Mec- Nulty, Baltimore; L. Lazarus, Lynchburg, Va.; grand esquire, Thomas E. Dunne, San Francisco; grand inner guard, W. H. Moreland, Colorado Springs; grand chap- lain, Rev. Walter Davenport Buckner, Pine Bluff, Ark. T California Investors Sue. ST. LOUIS, Sept. 16.—Suits for the re- covery of $250,000 were filed in the Circuit Court to-day agaist Thomas B. Cleage of the Cleage Commission Company by George B. Griswold, representing invest- ors living in California and elsewhere. The purpose of the suit, as stated, is to prove there never was such a corporation as the Cleage Commission Company, but that Thomas B. Cleage fraudulently did business under that name, which the pe- tition alleges was mythical and fictitious. —_————— Salvationists in Feud Districts. JACKSON, Ky., Sept. 16.—The marching and exercises of the Salvation Army that is touring the feud districts brought a large crowd from the mountains to this city to-day. The parade and services here last night attractcd large crowds, but it was not until to-day that the rural districts turned out on horseback, in ox- carts and all sorts of vehicles, many also walking great distances. The meetings are so successful that Colonel Holz has de- clded to remain here over Thursday. —_———— Minnie Healey Mine Case Again. HELENA, Mont., Sept. 16.—The second trial of the celebrated Minnie Healey mine case, in which the parties intercsted are the Amalgamated Copper Company as plaintiff and the United Copper Com- pany as defendant, was begun to-day in Judge Clancey’s court at Butte, The suit i{s over the possession of a $10,000,000 cop- per mine. e et o American Nets Confiscated. ASHTABULA, Ohio, Sept. 16.—The Ca- nadian patrol steamer Petrel confiscated a number of fish nets belonging to Amer- jean fishermen in Lake Erie. It is sup- posed the officers of the Petrel decided that the nets were set on the Canadian side of the line. This, however, is denied by the fishermen. The nets were valued at $2000. Masked Men Loot Oklahoma Banks. GUTHRIE, 0. T., Sept. 16.—Six masked men robbed the bank at Douglass, 0. T., early this morning of $5000. The robbers when they left the bank went to a livery stable, got the cashier's buggy and drove off. B SSEm———— e THE CALL'S GREAT ATLAS OFFER Will close on September 24, 1903, and all holdezs of Atlas Coupons are requested to pre- gent them immediately, as this great opportunity to secure one of these splendid Atlases at The Call’s premium rates will ba brought to a close on Septem- ber 24. -~ The bulletin was au’ physicians | 1903, SYRU to -\ Touisville, Ky ADVERTISEMENTS. P OR 1GS Dispels colds and headaches when bilious or con- stipated; For men, women and children; There is only one Genuine Syrup of Figs; get its bene- ficial effects Always buy the genuine— Manufactured by the FORNIA G SYRUP San Francisco, Cal. Acts best, on the kidneys and liver stomach and bowels; (32/ NewYork,KY. é The genuine Syrup of Figs is for sale by all first-class druggists. The : full name of the company — California Fig Syrup Co.—is always printed on the front of every package. Price Fifty Cents per bottle. BURGLARS 1001 ~ EAPRESS OFFIGE [Rob Wells-Fargo Safe | of $1049 in Coin | and Currency. SANTA BARBARA, Sept. 16.—Burg- | lars some time during last night entered the Wells-Fargo express office Miere and | robbed the safe of $1049 in coin and cur- | rency. The rear door was entered with a key and the safe opened in the regular | way, by the combination, which was ) found in a book in a drawer of one of the desks In the office. About $300 locked in a separate compartment of the safe was overlooked by the burglars. The, rear door was fitted with a Yale lock. There were no marks of violence on the door or safe, nor any evidence of confu- sion in the office. The burglary was first discovered by | Horace Stewart, son of Sheriff NafiStew- art, who is one of the office messengers and usually is the first to arrive/at the office in the morning. Entering the back door as usual, Stewart was surprised to find the door open and proceeding toward the front office, he discovered the safe | door swung wide open. Closing the of- fice he went to the hotel where Acting Agent Adams stays and informed him of the robbery. The affair was immediately put into the hands of the Sheriff, who Is now working on the case. The manner of the burglary tends tq make it appear that the haul was made through the con- nivance of some one who had accurate knowledge of the inside workings of the office. The regular agent of the office is P. B. Yates, now in Los Angeles on a va- cation and who is expected back to-mor- row. In his absence, Adams, the cashier of the office, has been acting agent. B g I el | BUCKLEW HEIRS WANT THE TRUSTEE REMOVED William Wilson Is Charged in Pe- tition With Mismanagement of the Estate. SAN RAFAEL, Sept. 16.—The heirs to the estate of Mrs. Mariha Bucklew are | particularly desirous that the trustee, Willlam Wilson, be removed and accord- ingly have petitioned Judge Lennon of tfie Superior Court of Marin County to do so. "The petition was filed with County Clerk Graham -to-day. Judge Lennon has or- dered Wilson to appear on Monday, Octo- ber 5, to show cause why he should longer manage the estate. Some sensational accusations are made against Wilson. The estate is valued at about $30,000. Two years ago it was ap- praised at $27.000 and consists of valuable Marin County property situated at San Quentin and real estate here. In the petition Wilson 's charged with mismanagement of the estate, violations of his oath of trust, and that he is unfit to act as the trustee of the property. A deceased daughter, Mrs. Martha Allison, and the grandchildren, Mary E. Tilson and F. B. Allison, are the heirs that signed the petition. Wilson is a son-in- law of deceased and is a4 jeweler at 1011 Broadway, Oakland. L ———————— ‘Rural ‘Delivery in Yolo. WOODLAND, Sept. 16.—The rural de- livery system was inaugurated in Yolo County to-day with two routes and C. H. Johnson and L. G. Stone as carriers. Their routes are twenty-two and twenty- five miles in iength respectively. It is probable that these routes will be extend- ed and others added as the people become better acquainted with the advantages of the system. Telephone Lines Cut. STOCKTON, Sept. 16.—The Sunset Tele- phone. Company’s main lines leading to San Francisco were cut last night about 9 o'clock on a pole near the Stockton Glass ‘Works. Manager Gross says that he has ! no hesitancy in declaring that it was the work of a lineman and probably a striker. The company has offered $1000 reward for the apprehension of the guilty person. ————————— Fountain Pen News. To fit your hand it is necessary to buy where all grades of the best makes are in stock. The “Waterman,” “Swan” and “Marshall” fountain pens fill everyvnm. ., $1.00 to $5.00 each. Sanl all & e Y Raricet street. . FRESND SHERIFF GAPTURES SPIVEY Missouri Murderer Con- fesses Crime After Arrest. FRESNO, Sept. 16.—Leo Spivey, wanted for murder in Jackson, Cap> Girardeau County, Mo., was arrested this morning and is In the County Jail awaiting the ar- rival of the Sheriff from Jackson, Mo. The crime with which Spivey is charged is a particularly .atrocious one, the vic- tim's head, it is said, having been severed from the body. The murder was commit- ted on May I5. Spivey has been in the mountains work- ing at Bennett's Mills and came to town | last Sunday, since which time he has been under survelllance. He went here under the namé of “Fred Turpin:” In the room at the hotel where he stopped was found a suit of clothes which in detail an- swered the description of the garments worn by Spivey, as noted in the circular sent out by the Sheriff of Cape Girardeau County. Spivey eluded the trail of the Sheriff's officers this morning for a time, but when he was arrested it was in the | act of paying his hotel bill before depar- ture from town. After having been taken into custody he admitted that he is the man wanted for the Missouri murder. The only detail that he denled was that he severed, his victim's head from the body. Sherift Collins did not have a printed description of Spivey, such as is usually sent out by Sheriffs when a criminal is wanted. He says that he had a “tip” that Spivey was working at the Bennett Mills up in the mountains and had him watched till he came to th> city. Then he wired Sheriff Schade at Jackson, Mo., glving a description of the man and stat- fng that he had him under surveillance. Schade wired back: “Arrest Leo Spivey on sight. Will come with the proper pa- pers immediately.” There is a reward of $500 offered for the capture cf Spivey. —_———— SACRAMENTO TRUSTEE CITED FOR CONTEMPT Judge Hart tuicgmpol Devine tn’ Answer for Refusal to Testify ™ Before Grand Jury. SACRAMENTO, Sept. 16 — Superior Judge Hart to-day cited City Trustee James H. Devine to appear on the 26th inst. and answer for contempt of court for refusing to answer questions put to him by the Grand Jury. Devine had re- peatedly made declarations that attempts had been made to bribe him. The jury is trying to find out who the bribers are. —— iy Young Man Kills Himself. REDDING, Sept. 16.—Insane either from excessive use of cigarettes or as a result of brooding over a whipping administered to him by his father a month ago, John Vanderford, the 18-year-cld son of James E. Vanderford of Junction City, Trinity County, sent a pistol ball through his heart this afternoon, dying instantly. — e Requisition Papers for Pensacola. SACRAMENTO, Sept. 16.—This after- noon Acting Governor Alden Anderson signed requisition papers upon the Gov- ernor of Washington for the return of George Pensacola, wanted in Solano County for murder. Sheriff Keyes of So- lano is now in Seattle awalting the re- ceipt of the papers. e R i Forest Fires Near Gilroy. GILROY, Sent. 16.—A forest fire is rag- ing in the redwood district seven miles west of Gilroy. The Greeninger ranch has been on fire all day and a large force of men are at work fighting the flames from adjoining ranches. Careless hunters are supposed to be the cause. —_—— 1 Articles that will make I Momney for you. Why Americans Are more successful than Britons. By John Foster Fraser. First of a series of the Tewmt Contemporaneous Thought by world-famous men begins Next Sunday Call | INSANE MAN ARRESTED AT HIS WIFE'S FUNERAL Eugene Van Deventer, Who Recently Escaped From Agnews, Is Taken Into Custody. SAN JOSE, Sept. 16.—Eugene Van Der- venter, who had escaped from Agnews Insane Asylum, was arrested here to-day while attending the funeral of his wife Mrs. Van Derventer, who was engaged in the milk business, was thrown from her wagon Monday night and received a fractured skull. A day later she died { from her injuries. She was buried to- | day and Van Derventer had come to at- tend the funeral. Van Derventer escaped from Agnews Asylum some months ago. He has been in different asylums thirteen times and his case is a hopeless one. He is a painter by trade. B. KATSCHINSKI Philadelphia Shoe Co. 10 THIRD STREET, SAN FRANCISCO. Adjoining Call Building. o o You Gef the Best And Yet Save Money We point with pride to the fact that we give our customers the best values for the least money. That fact has built up our business, for every one acknowledges that when they want to buy good shoes cheap they have to come to us. We do not have to pay exorbitant rents and that's what keeps our expenses down and allows us to sell close, and we can therefore save our cu: tomers from fifty cents to a dollar on every pair of shoes. Special for this week: Ladies’ finest Viei Kia Lace Shoes, straight foxed, plain coin toes and extra high concave heels. OUR PRICE ONLY $3.00. Sold elsewhere for $4.00. Sizes, 2 to T%; widths, AA to D. 32.50 High-Heel Bluchers A swell article of footwear. The latest style for correct dressers. Ladies’ Patent Leather Blucher Oxford Ties, with vici kid quarters, extra high French heels and ha turned soles. OUR PRICE ONLY #2.50. As good as can be bought elsewhere for $3.50. Sizes, 2 to "1 widths, A to E. B. KATSCHINSKI Philadelphia Shoe Co. 10 THIRD ST, Saa Francisco. | | | | I