The San Francisco Call. Newspaper, November 10, 1903, Page 14

14 T WOMAN RSKS A JUDGMENT Uit MILLON Five Local . Capitalists Are Invited to Settle, S S B Failure of Mexican Mines to Pay Is Cause of Aawanit. - Alvinza Hayward and Four Asso- es Are Declared Responsible r Bonded Indebtedness on eral Property. $11L,7 f whick ple who and no o the The 1 of bonds capital- pense of of opera- in the new ones and jor part expenses, later DAY DAWNS. the glad new y € interest and the dens became broad- passed away and SAD begar ndh: X red to be taking on new mines. It was rumored 1 sorts of things would be done t at was slack ame and went and the bondholders ngering t eir coupons was no terest The peop learn lost ninete rest for iferos en Somora brought su te agreement to regain the title coal mines comprised in t 500,000 lan ayward and his fellow vestors were notified of the lawsuit and sresented by an agent in the sub- roceedings opposition on the part of ontest was decided in mpany by the Judge t of First Instance 1 m once more owned its debts had all been paid. ack, who held $111,70 worth of G. W. Jackson, who was in session of paper calling for $63,000 and 1 r investors were not satisfied. d accordingly to bring suit he local capitalists for principal interest. Mrs. Black sues for her soney and for such other as may any people who may choose to e acres of were sent post T firm of Kinley & Kinley is ase. She is at present tra e East. It is stated that Al @ is 1 It the bond issue and that the hs each an eighth interest. n the Circuit Court against Mercantile Trust Company. ortgage on the property. It is thought that the trust company is responsible, but it is desired by such a to get an opinion as to liability and Mt use it in the suit brought in the Superior Court the local capitalists aban- s of the property is the problem puzzling the plaintifts, —————— Did Not Vote Illegally. he charge of .legal voting preferred L Herman Stein was dismissed by ge Cabaniss yesterday. Stein te last Tuesday at a booth on nt zvenue. His vote was challenged. sworn and voted, but was at arrested by Policeman Connors on of a party watcher. It was that Stein did not lve at the oure where he swore he daid. the complaining witnees in- - Judge that Stein was right t the case be dismissed. complaint ned Piso’s Cure for Consumption is a pleasant and effectual remedy for coughs and colds. 2bc. just proportion of the expenge | le for the amount | lately been brought by G. | which | HE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 10, 1903. TRANSFERS ALL HIS PASSENGERS | 1 | | Them Safely on the Tug Sea Ro | WITHOUT LOSS OF A SINGLE LIFE 'Gallant Captain Gunderson of the Abandoned Steam Schooner Charles Nelson Saves Every Person on Board of His Unmanageable Craft in Teeth of Overpowering Hurricane and Lands ver, Remaining on His Vessel Until All Are in the Boats | | ARTLINGLY of Ca the contrast to the James Mcl Port- conduct ain amer South which was wrecked off Cape Blanco in calm | o took the first boat .and lmi | 4 passengers to. shift for | with the that nty the behavior of Cap- of the water- abandoned steam schooner 1. He was the last to leave nd before he went he saw one of his passengers and crew 1 away in the boats. In have left the unman except for the fact | and both of | | tyre on al land reef weather, wh Jost ie Gunderson that every were safel act he w geable craft at that there were ats sm were needed for the safety of pas- At the time a hurri- but not one life was stowed w g, ers and ¢ blowl cane was lost on ie not much to look at nor | to. He is a tall, rawboned nd 1k te t Swede, and he couldn’t tell a story that would reflect credit on himself if it meant an appointment to a full admiral- | ship in the United States navy. But hej | knows the sea and its ways and he knows what the world demands of a man who | | assumes command of a vessel, with pre- Amh cious lives and cargoes under his charge. He knows that his own safety must be| | the last consideration, and with that un- derstanding he has become a skippe MASTER AND TWO OFFIC ING THE RESC RS OF T 2 OF THE PAS 3 12 ABANDONED STEAMER CHARLE! BOATS. INGERS AND CREW BY THE -TUG SE & LSON, AND SCENES ATTEND- ROVER, AFTER, THEY HAD Therefore it was that when the llier | SPENT TWO NIC S IN OPEN Titania, bearing the thirty-five human be- | X ings who were on the team schooner - i e oo amdoncd lost | Thursday | 0L béén for the quick arm. of ‘a_sea- morning were hawsered to the Mi | man would have been crushed to death street wharf and the rescued party | between the boat and-the side of the Gown the gang plan yesterday morning, | Schooner. He was hauled in and there- there was none among them but was loud | #ter spent the dreary-hours.in- the bot- in the praises of the skipper of the aban- | LOm Of the boat, soaked and haif frozen. doned schooger and his treatment of them | ORIY one woman was .aboard of: the Gnring all The trying hours when they | abandoned schooner, and, strange to say. aasioy el oy son oot she endured the hardships.in the “boat Rl better than most of-the men. - She was Mrs. Cox, wife of Geogge Cox,’the cook, LAUGH AT PERILS. nd was rated as second cook d@mong the Stft and sore and still shivering from |crew. She and her husband shipped at their thirty-six hours’ vigil in open boats, | Westport for the voyage ety one- in the passengers and crew of the ab; the boat in which were Mrs. Cox and her doned Charles Nelson arrived in port 9 o'clock yesterday morning on board the Titania, to which they had been 't ferred from the tug Sea Rover, which had picked them up. | Safe In port, they began to discuss the ridiculous features of their perilous vo) aging after they left the scliooner, an it was hard to get any of them to tell of | the thrilling hours they ‘spent bobbing j 2 about the wide expanse of ocean before WATER GAINS RAPIDLY. { they were sighted by the tug Sea Rover | The schooner was abandoned about § and transferred to her stanch deck. | o'clock Thursday night. Shortly after The passengers arriving vesterday were | midnight on that morning the vessel was David Williams, R. O. Irwin, E. Sand- |found to be leaking badly. .She had been rig, Arthur B. Clark, Roy Wilson, Calvin | proceeding under a slow bell since Tues- husband enthusiastically praised the for- titude and endurance displayed by the brave woman. She withstood the cold and wet without complaint and ministered to her husband and others, whose powers of | endurance began to grow weak under the | torture of two long nights and a day in an open boat in the midst of a strong gale. Bollinger, Phillp Bradley,: Daniel Bray | day night, fighting a southcast wind, | and F. N. Williams. The crew consisted | Which at times became a hurricane. The | of Captain Gunderson, First Mate K. |Waler was coming into the bilges rapidly | Kijellin, Second Mate J. Baragwaith, Chief igineer A. D. Sweeney, First Assistant Engineer P. Friel, Seéond Assistant En- | gineer O. McGee and Steward F. W. Staf- | ford; George Cox, cdok,.and :his “wife, | engines went slack and-the schooner was assistant; two cabin hoys, eight seamen, | helpless and unnavigable in the trough of | two otlers and-four firemen. | the sea. . | OOLD WAS . INTENSE. The buffeting . worked loose the deck- load of lumber and opene The maln cause of suffering was the in- iy iy deck, through which the water poured | tense cold. The sea y.as_running high and | every time a wave washed over the ship. and despite the utmost efforts of the schooner’s pumps' crept slowly up' untit { It reached the grate bars of the.furnaces and put out the fires. Without steam ‘the the two boatloads of derelicts were | Captain Gunderson ordered some sail set drenched to ’thie ekin ‘with” water and | in.hopes of keeping the vessel's nose to | spray. A chill east. wind -was. blowing, | the wind. . This Droved abortive, As the | which turned their blood to ice. S0 be- | numbed were they, with the cold that their | muscles almost refused to answer to the | motions when. they took ‘thelr various turns at the.oars.” * ¢ | Those who worked- hardest suffered least and: they. menaged hy. their. exer- tions to keep their blood circulating. Only | one out of all the passengers refused to aid and more than any one he felt the full force of the wind and water and was | nearly used up when he arrived in port. This was Philip Bradley, who claims to ) the grandson of an English admiral. After the boats were both launched and | clear of the ship Bradley, wanted to go back to get more clothing. The captain had the boat rowed close to the vessel and Bradley tried to climb aboard. In doing so he fell overboard, and had it day wore on the lashings of the lumber. on deckgave way to the battering of the waves and most of the lumber' on ‘the starboard side was washed overboard. This listed the schoonér badly. to port and the pounding of the lumber broke a-hole.in the deck, through which the ater poured ‘in ‘torrents. The schooner gradually sank at the stern until the en- tire deck. was -awash abaft the bridge. \The passengers crowded forward and | cling with might and main to anything {-they could hold “on to. The port life- ,boat was washed away about noon; but was recovered. Two seamen went after it In a liferaft and after a hard struggle, and at immirent’ risk, recovered it.- It was made fast to the lea of the schooner until it was brought up to be loaded with crew and passengers. TWO MEN ARE HELD FOR .sh"ot at ‘F‘gvr‘rlo, but thehbullet missed him. | James son was held to answer by AN ASSAULT TO MURDER j;qge Fritz on a charge of burglary in = /32000 bonds. - He was accused of entering the store of Maass & Son, Howard street, on October 27, and stealing a quan- | tity of tobaccao. —_— Takes a Shot at a Bo: . Baker. | Jerry Donovan, who was an inmate of | the Almshouse, was held to answer before Hltot Oficers Tor “¥ear, the Superior Courg by Police Judge Cab- | At the annual election of officers for the | aniss yesterday gn a charge of assault to | Laclfic Hebrew Orphan Asylum and murder in $1000 nds. He was accused of | Home Society the following named were | stabbing John O'Beien, an outside watch- | elected to serve during the ensuing term: man at the institution, on October 16, and | President, 3. W. Levy, thirty-first term; Dr. Conlan testified that O'Brien was W\VIW president, Sig Greenebaum; .treas- serfously. wounded fthat his life was in |Urer, Isalas W. Heliman; secretary, danger for two or three weeks. | Meyer H. Levy; collector, D. Michael. | Emanuel sarbori was held to answer by B | Potios Ipdee Frits 0b & chetEs Of wt[ SACRAMENTO, Nov. 0.—David Devit, who to murder in $2000 bonds. He had been | WAS arrested two days before the late city discharged’ by G. Ferro, a baker at 504 |‘¢lection on. a: charge: of having falsely. regis- Union street, and on the morning of Oc- | {o7ed, Wwas = dlacharged to-day in the tober 19 it was alleged that he fired & | faileq to moces to e compiiny sentase pi"® ‘him with difficulty. One of the cabin boys ‘lent.; Nearly everybody in the two boats, with, the exception of the captain, his two It was evident that the vessel was bad- ly waterlogged and could not be navi- gated. The cabins on the port side were gone and both liferafts had -been washed away. At this juncture Captain Gunder- son ordered the two boats provisioned for three days and got the passengers into them. He wished to stay by his ship, but did not feel justified in asking his crew to remain with him so that the other boat would not be crowded. Accordingly, he determined to abandon the ship and ordered the crew into the boats. Then he followed. and was the last man to leave the schooner. The two boats, oné under the command of the captain and the other in charge of the first mate, Karl Kjellin, cruised near each other all during that terrible night. They had hoved to be sighted by some passing vessel but dgvlight dawned with- out succor. There was plenty of food and water and the boats were not overcrowd- ed. The main difficulty was to keep from dying of cold. Had the boat which got away not been recovered the other boat could not have contained the entire party and some of them would have had to fe- main with the schooner. The sea did not appear to abate during Friday. - The drenched -and frozen occu- pants kept a sharp lookout. for some pass- ing craft thai would come to thelr assist- ance, but the day wore on and night came again without the .sight of aid. More dead than allve they huddled in the boats, endeavoring to keep warm. Those who were.able pulled at the oars and kept the boats from drifting away from the: track of passing vessels, - Outside of Philip Bradley all bore -thelr sufferings uncomplainingly. It seemed. as ‘though the night would never end. Again dawn broke and mo succor was.in sight. George Wilson, one ‘of the firemen, became de- ‘lirfous shortly before dawn and made re- peated attempts to jump into the sea. The weary stiffened - derelicts restrained also became delirlous, but was not.vio- mates and_thebchief engineer, was flighty at times. SEA ROVER SIGHTED. About 8 o'clock Saturday morning the smoke of the tug Sea Rover was sighted. Her captain had seen the two boats from the pilot-house and was heading for them. He came alongside, and the benumbed and worn-out occupants were got on board the tug. The sea was stiil high and the work. of transferring the passengers was difficult. The rescued were warmed and fed and all of them fell off into the deep sleep of exhaustion. The Sea Rover went on her course and -+ | | i | in a few minutes sighted the abandoned | schooner in tow of the steam schooner Aurelia. The tug stood by and offered to take the tCw, but the captain of the Au- relia refused to give it up. the Charles Nelson was awash except her bow, which was kept up by the lumber forward, Two hours later the Sea Rover sighted the colller Titania, bound from"Nanaimo, B. C., to San Fran- cisco, and transferred the rescued . crew and passengers to her. Speaking-of the chances for saving the Charles Nelscn, Captain Gunderson said: ‘T do not think-there is much danger of her sinking, unless she loses the lumber forward. There is enough there to keep her afloat and if the weather moderates it will not be washed away. The which the Aurelia had on her was a smali one and she was making little headway with her tow. I did not want to leave the Nelson, but. I wanted first to save the lives of my passengers and crew. We had only two boats and the ~ situation was such that I did not feel justified in send- ing-both of -them away and retaining any part of the crew. had -no -means of escape. To have launched only one boat would have made entirely, it badly overcrowded and probably re- sulted disastrously in the condition of the sea.” e COMPLETE INVESTIGATION. Inspectors Close In?uiry Into Wreck of the South Portland. The investigation into the wreck of the South Portland was concluded yesterday afternoon. Little of note was brought out in the closing evidence. were re-examined and showed the same lack of memory and reticence that has marked the proceedings all the way through. The inspectors will hand down thelir de- cision in about a week's time. Judging from past decisions by these Inspectors, it seems probable that Captain Mec- Intyre will have his license revoked. The two officers may su™er the same fate, or they may merely have their licenses suspended for a period of time. They being subordinates are less to blame for the terrible loss of life that resulted from the ship's sinking. Although all the other officers who testi- fied -figured -out the ship's list as forty souls, Second Officer Ravens still insisted that there were three men drowned from the starboard lifeboat, thus making the list forty-three, instead of for It he is right in his beiief, the captain of the The officers | At that time | | | { | line | We then would have | | | | | | | .presence on ship was carrying nine more on his vess than his papers called for. The general belief however, despite the sworn state- ments of Ravens, is that there were forty passengers, including a child, aboard. BRUCE NOT POSTED. If these figures are correct, there were six more people on the South Portland than the ship’s papers called for. of these were stowaways, so the cap- tain cannot be held responsible for thefr the ship. The other four one passenger and three ‘‘work- The captain, being cognizant of were ays. their presence aboard, is culpable for rrying more souls than the law pre- scribed. The steamer was lost through the fact that the officers neglected to make up their reckonings in the fog the day of the wreck. Captain McIntyre admitted changing his course six times between Umpqua River bar and Cape Blanco, al- though the run is practically a straight ane. Mate Bruce admitted that he had made but. a. few trips up the northern ogmst and was unfamiliar with it. however, to know the change in the cur- 1t the different times of the vear. ptain Mclntyre, when questioned as to the rellabfiity of his testimony, said that he was mot certain of anything in connection with the wreck. His memory was particularly hazy. He was able to give no good reason for changing hi course so many times. count for getting seventy fathoms of wa- ter with the lead and line two hours be- fore the-vessel struck. By his figuring, using merely the log book and chart, he id he thought he was seven miles off pe Blanco. re day whether the ship's engines were ever stopped. to save the lives of th held his co fore, every one else by wanted to save the thought the crew able themselves. He thought, however, that the engines were not going. Captain Bolles said that it was all nonsense for him to say that, as the testimony of every one else was against him. INVESTIGATION DIFFICULT. saying that he passengers | Mate Bruce saild that he thought the engines were stopped or he would have lowered the port boat, but would not ad- mi: that if the ship had not been moving at the time the boats were launched they coull have been launched success- | fully and more lives sived. Fred Johaiscn, the seaman who was supposed to have been one of the men who launched the starboard boat, proved a poor witness.’ helped to launch that boat and every other attempt to get anything of value from him was as fruitless as the exami- nation of all the sailors has been. The Inspectc®s say that the investiga- tion has been one of the hardest ones to make anything from that they have ever held. “A marked ignorance of affairs at- tending the wreck, a loss of memory and an equally marked reticence in answering questions characterized the admissions were made, tangling matters. Whether any charges of perjury will be preferred against the witnesses In the will not be known until the inspec- tors make known the result of their in- vestigation. o e e e e R e R i ol ) EASTERN CONCERN PLANS TO TAKE IN CREAMERIES Humboldt County Is Selected as the Field for Operations on a Large Scale. An attempt will be made to take over | existing creameries in Humboldt County. An Eastern concern, the Continental Creamery Company of Topeka, Kans., sent an agent to this State recently to 100k over the ground. The decision to go into business in Humboldt County has followed close upon this reconnoissance. The preliminary step, so says A. Jensen, representing the company, will be to es- tablish a plant.at Ferndale with suffl- | clent capacity to handle the entire pro- duct of Humboldt County. This county was selected for operations because of | its excellent facllities for the dairy busi- ness. =~ L Mr. Jensen makes the statement that it is not the purpose of his company te antagonize existing Interests, but by means of greater economy in converting Humboldt cream into butter a higher standard will be established. At the same | time the trade can be supplied cheaper, according to his representations, and | dairymen will get more for their milk than they have been receiving. The plans of the Eastern company include the idea of a plant at Ferndale that will have a daily capacity of output amounting to 30,000 pounds. The annual output of the Continental Creamery Company, accord- ing to the Butter and Produce Review, published in this city, amounts to 15,000,000 pounds. — One of the necessities of comfort is a moderate degree of warmth. This can be obtained quickly by the use of a small heater from the San Francisco Gas and Electric Company. 415 Post street, * HUSBAND FINDS WIFE DEAD WHEN HE AWAKENS Government Employe Has Sad Ex- perience in His Home in Vallejo. VALLEJO, Nov. 6—John Magee, who has charge of the freight shed at the navy yard, had the very distressing ex- perience this morning of awakening to | find his wife dead beside him. Mrs. Ma- gee had visited San Francisco yesterday and returned in her usual good health and spirits. She is supposed to have sue- cumbed to heart disease. ————— The Lord Bishop of Thetford, who is considered to be the best missionary preacher in England, declares that the church “must enter into competition with a thousand and one things which engross the attention of the world.” Two | He claimed, | fe could nct ac- | Captain McIntyre did not know yester- | He sald he did all In his power | se aboard ard up- | in leaving the vessel be- | and | to look out for | He denied that he had | testimony | given by all examined. Contradictions and | HANLEY WINS B JUDSMENT U. 8. Circuit Court o Appeals Decides in His Favor. | Holds He Is Entitled to Re- cover Fortune From Idaho Mine. | \ | The Unitea States Ciyeuit Court | peals, Judges Gilbert, Ross and Morrow | the bench, yesterday denied al the § of Ap- ing petiti for rehearing, Includ | those of the San F Redu Company vs. the , Sanitary Reduct | Works; Marie Carrau vs. Hannah O'C laghan et al., and Moore against | of British Columbia. The judgment of the ersed and a new case of the Alaska ( A. Dinkelspiel The judgment of the case of the United Seeded Ra Com and Skelly Comp: the ca remande action was res & machix lower re Mining certiorari against United States, Ni of Montara, to prev an order directing the Je Company to low | Johnstown of t e and jng Company thre | Rarus and Johnstown loc | furnish them ingress to a il said prem enty-one da for inspection, during to aff exam! | The court ha four appeals Sweeney, F State-Idaho Min any vs. Kenned Hanley vs. Charles Clark and the and Developin State-Idaho Mi papy vs. mpire opinions in the of n Kenne ate-Id: ny vs. working of the f mining art of tha upon the situated in @, the owner such pro is ent its operatio the of fraud or wrong to the owner for ceeds. The appl | junction is there: | defendants. | SECURES BIG JUDGMENT. § The appeal of the Empire State-Idaho Company from the final decree is next considered. It is stated that defendants claimed Hanley’s interest to the mine by | virtue of the deed which the court a judged never to have been delivered, but erty on made here fo; denied, with costs to the |to have been fraudulently got posses- slon of by Sweeney an during a of which time they unlawfully and fra ulently excluded Hanley from thé mine It is true that under the tutes Tdaho those holding the myajori in a mining claim have a righ and control the operations of the enti mine, if done honestly and properly not to the exclusion of their who has the right to access to an every part of the property and proper inspection, to the end that he see that his rights are respected ai tected and that he may receive proportion of the net proceeds. W owner is excluded from the premi his ore extracted and disposed of the act is an unlawful trespass. The court is of the opinion that Hanley the recover from Company S was appropriated by C individually, the persons for against them canno | - The cause is remanded low, with directions to mox decree, taking further proof as to the time when the ceased to exclude Hanley { and offered him or his represen acceas to and inspection the: other proof as be needed, 3 so modified it w and affir to recover costs. | —————— San Jose Newspaper Man Dead. SAN JOSE, Nov. 9.—James Bentley, a brother of the Rev. Robert B died in this eity yesterday, aged 4 years. He was a native of Illino: e to the | coast six years ago, after engaging in | newspaper work in Chicago. He was cor nected for a time with the local p; | here, and was also secretary of the S | clety for the Prevention of Cruelty (o | Animals, A few years ago he co | a newspaper at Sutter Creek, whe contracted a disease which devel consumption. —_—————— | WASHINGTON, Nov. §.—Comm -4 \ era! of Immigration Frank P. § | Saturday was stricken with paral ft side. was better tp-day, catlen of a quick recovery. | ADVERTISEMENT S 7)) g” Pianos The Musician's Acceplance of . . . True Tone Quality . - . The marvclous Vosc tone has arovsed the vniversal emulation of amaleur and prolessional pianisls = « Every instrument repre- senls the allainment of 52 years’ consistenl progress Benj. Curtaz & Sons SOLE AGENTS (Curtaz Building) 16 OFARRELL STREET. 5. F. San Jose, Fresno, Alameda, Stockton. . Palo Alto. 4