The San Francisco Call. Newspaper, March 30, 1904, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY. MARCH 30, 1904 T N0 CRIMINAL \cilmn Claims | No Intention of Lieutenant He Had Kytka Testifies as/ Cheatine the Government| an Exper‘t in the MAKES :I'I:H:\'H FIGHT | Matter. PROSECUTION IN THE BOTKIN TRIAL INTRODUCES ACL INTENDED. EVIDENCE BEARING ON DEFENDANT'S HANDWRITING WATER CONTEST IN SANTA ROSA Judge Morrow Will Decide Whether That City May Conduet a Rival System Points Out Simi- larity Between | Exemplars. . | | ! {OBJECTS TO OPPOSITION fiicers of High § S Mrs. Botki JudgeCookW i S Office f Hig h tandmcr ays rs. Bot in| "JudgeCoo arns Cm:ponmf)n Holds That Swear to Previous Good Add dB | Att t Franchise Is Exclusive for teputation of Defendant resse oXx i orneys 1o { Term of Fifty Years I | of Candy. ~ Behave. i = | | | United States Circuit Judge Morrow ‘ > ) yesterda k1 r 1 t l 3 e ¥y tock under advisement the gun of the prosecution | "Jetled sell yourself to the other side?” | Uit of the Santa Roda Water Works in the retrial of ! 1" “No, sir; that's a lie,” protested the | against the city of Santa Rosa. The for the murder of | i i\\unflss, complaint was filed on November 1, 1599, = M Dunning in August, 1598 1 Even if Shortridge says it so?” and it asked that the city be perpet- m Mrs. Dunning and her sister, Mrs | “I don't care who says it's $0; it's | yally enjoined from operating a munic- J a D. ed fro he effécts £ 5 i ipal tem of water works. . ;-inr,jr.fn‘:::phfl:as {| During Kytka's direct and cross-| The complaint recites that on Febru- . e S ool | | examination Mrs. Betkin was worked | ary 4, 1874, the complainant e 4 = E » % up to a highly nervous state and fre- into a contract with the city of Santa E m ty, and Mrs. Botkin was| | quently her emotion found vent in Resa to supply the inhabitants with g sent the candy for | rapid speech with her attorneys. She ! water for the period of fifty years iding Dun s { watched the elaborate tracings of the | that in pursuance of such contract the wife. expert anxiously as he pointed out the | complainant put a system of works e e i sLcig similarity between her own Writing | operation and expended $175,000 there- pemer e s Mt | and that profi sy kvl hassivns Ceoin-scopaeder - e rha"";:"‘:“(";f ::*i_d"' |ana w relieved when his| It is avfrred that on April 4, 1593 h th ne are the address examination concluded. Mayor E. P. Woodward approved an rapper of the box of bonbons | Daniel T. Ames, another handwrit- | ordinance authorizing the city to eor ense st an ntained in it and two anony- | ing expert, was the last witness of the | struct a rival system of water works . s s written to Mrs. Dunning | |day. His testimony was practically a | and that the system was inaugurated t ¥ | | repetition of Kytka's. delivered in a | later and the inhabitants of Santa R £ Botkin less mxernsv;_:\z fashion and without | were supplied y the city with wat =E Botki the exciting features of the proceeding free of all cost to them The cow Boflin's han | witness. He will be ctoss-examined | plainant avers that by this action ¢ 3 ool 30 D gons: | this morning. the municipality the value of complain- -1 W § in evidence | T 3 T P ant’s property has been greatly dimin- a4 s the handwriting LARGE DEAL EFFECTED | ished and its ability to borrow me ve xhaustive analy- FOR CENTRAL PROPERTY | destroyed. It is contended that of the var s becoming a competitor in the Joseph Brothers Part With Kearny- | water fleld has violated its contract p | Street Holdings They Have P | with complilnnnt. sl e S . sesned for Mamy Yenrs, complainant should not be taxed on e reg The Kearny-street interests wi ita property fcr.the purpose’ of sugport- . served of the most substan ing the rival water workd. T e » answer denies that the conmtract E ‘ borsity ntioned gave or pretended to’ giv X 2 | $700,000 lusive right to supply water to - | o ople of Santa Rosa, and that th s >4 s had no power or authority to make b oseph brothers of | & CONtract conferring an exclusive priy | e lated its contract st | building. id, disgusting and u & N S , o aa'lV h- lesome water,” and that the wate This has a frontage of 66 e’ almost a uniform depth of | had BEGLNS Sy Saad » i ThS prvel Health in 1591 as “a serious menace to h s p e people.” also that the complain- b »d its contract by refusing el supply water for fire purposes free gh S whick ’ of charge to the It is then set sti t fiie about 'S 000, will be| UD that the le matter in contro- q i | an %" wiit fidlow 5l versy was d in favor of the city = Tl A of the Exchange Court | DY the Superic noma Coun- building, plans of which were brought | t¥ on May 4, ang Mence the stat- " back by one of the firm on his recent | te of limitations has run against the i < 1 £, but the attempt was a ! the afternoon the audience was| not been hired by the police to prose- | 11 Properts - pa MINER OF INYO DIES b 1 given three-quarters of an hour res-|cute the case. ottty st L. SUDDENLY IN A HOTEI W llowed to testi pite from the ennui into which the | AR R B L cop | the two Joseph and after INL b L i AP B e Cook cautioned ¢ 7. W who, as Mrs. dry routine of testimony had plunged | prosecute or persecute anybody.” e F Sueifomput {h Meath ; . " ATTENDANCE OF PUPILS not_to be gegarded as evi-| ilady in 1898 of the -{it. Knight began-suavely by inquir- = s e anksd “‘, he haa | == ret red to England and have never | Body of L. Wrinkle I‘numl.ln ng on @ s b o Y | in bed and unable | ing how Kytka went about his Work|ever secured some of th he had | (igiteq San Francisco since. One of | the Floor of Bedroom Several SHOWS A FALLING OFF 3 way. i It sy bendred| whaw' & dpeiiiiie i Rindwiing Winl T tfomx of the exhibits and | ypo memb of 7 4 J. Rich &/ Hours After Death. : - — DIVERTING FEATUR oi of the'trial | submitted to him ‘to be examinedas| iy ooy ‘h"‘l he had by an order of | oo visited England last year and| L. F. J. Wrinkle, a mining During ruary 37.831 Scholars i to secure her! to genuineness. The witness explain- | gioms o+ oo "R Enight's permis-, sycceeded in inducing them 10| from Thebe, Inyo County, was found aught ‘Daily, as Against 1. Dur- ed that he picked eut all the points| .. X part with one of their hold-|joad yesterday afternoon alongside his 9315 in the Previous Month. frequent passa. his photo- the case, weighed them one against| _ h-‘s a matter of fact did you notings for .eighty odd thousand dol-|p.q on the floor of his room in the fie le the Board and Attorney tings, ad- | another and then came to a conclusion. h‘:m":“;‘l‘;:?: sl it the genuine ex- | jars, purchasing the same for Simon | Grand Hotel. He engaged a room in . s asceital hed a cli- the fun be- “In all the examinatio vou made | ““P‘,. rs of your own manufac- | Clayburgh. It is a small piece 20 | tnat hotel on March 17. Death is be- a s be Attorney of these writings in this case,” asked S | feet by 100 feet. on the south side of | jioveq to have been due to matural ai . - et Knight, “did you find a single point| “NO.sir.” yelled the witness | Geary street and adjoining the build- | causes. . mper altogeth inclosed in favor of Mrs. Botkin 1 THE STORM BREAKS. | ing now occupied by S. & G. Gump. It|" pavers in the dead man's possession l-mh attorne ing, “With love to At first I did,” was the answer. “I| A, iher storm broke. 1‘\\“ at that meeting in England that|ghow he was a member of Amity Mrs. C.” and 3 und ten or fifteen. but on eXamining| opjected and Knight " would | these negotiations were started for the |y oqze No. 8, Knights of Pythias, at . e writing further I discovered that | ,rove the substitution by Oscar Tolle, | KeATAY-street holding. The same firm | Reno, Nev., and that Sister Anne de o these points were the it of an | p 0 ek In Judse. Cookis caurc, | ONIY @ few months ago were the agents | ot The Codivelt <OUne Tl of s attempt at disguising her handwriting tka was.shouting *He's crazy, cragy, | W2 the Stolle brothers, who like- cred Heart in Oakland was his s 4415 1e cross-examination and that the genuineness of it was un-| oo, SIRIRECTE HOR CER TRAY | wise held their Kearny-street holding H1s Baiik book ahows & Saedly 1 Tit expert 1 doubted.” with & o =0 OTHME | eor thirty-five years, sold their forty-| o, of money to his credit in the Ne- emz admittance to policemen an ing the crowded. During on one woman rried out a policeman. ed in the corridor with some and went home. She gave her crowd fror by who, in' 1898, Attorney and took > conduct of the fi ADVERTISEMENTS. a T s W the first witness gard to the w0 wvays b9 b and so signat ures on money orders n o > that at the first hearing of the case Attorney Knight, on behalf of his cli- = ent, 1 admitted these to be in her ! handwriting. Attorney McGowan bitterly fought the admission of this testimony, main- al_to the prejudi interests of the de- es, Fa K fendant could be used against her. Judge Cook took an opposite view and kidney ¢ the testimony of Hosmer admitted writings in evidence as exemplars the Dl’. M"es’ Heart Cupe |°f defendant's handwriting. The Budd” letter is one written to Gov- s a and is curing | ernor Budd by Mrs. Botkin asking for g. as-thousands assignment as a purse with the troops the Philippines, and the is onme written from the defendant to the ngton, Ohio f first bottle fails to ben- KNIGHT STARTLES CROWD. After Hosmer had finished Attorney Knight startled everybody by calling for John P. Dunning, whom he wished to examine further. Dunning appeared in court in his usual nonchalant man- | ner and was questioned closely in re- | gard to his relations to Mrs. Corball: from whom he had testified he bor- rowed $500 at one time. He said he had ;u(:au accompanied her to the Palace baths and had drunk with her in cafes. Knight wanted to know what kind of a | bathing suit Mrs. Corbally wore and Weak Mefl and Women | whether the swims were taken in day DAMIANA BITTERS, THE | time or at night. It developed that the { ; emedy s B Markec | bathing suit was of the regulation Ammunition, Hunting and Sporting Goods. Largest stock. Lowest jrices. Send GUNS HSTHMANOLN is the oxly cure for Nervous and | B chial % HAIGHT ST., Cal You isco, that he sometimes paid Corbally's life insurance premium, generally with (atalogue and Price Lists Mallal | given you by Mrs. Botkin?” asked on Appliuuon. Knight. b s"le and that swims were indulged in DIR E CTORY | both day and night. Dunning admitted money given him by Mrs. Corbally. OF RESPONS[BLE Houszs' 1 “Did you ever pay it with money FPRESH AND SALT MEATS. | et M, Dunning testified that Mrs. Corbally 108 | - e JAS. BOYES & C0. 55757505 1258 | came to live with himself and wife on WaE . Z California street at his wife's invita- BRICATING OILS; LEONARD & ELLIS, | Hon and that the two women were 418 Frost 3 F. close friends. Knight tried to draw the inference that Mrs. Corbally’s interest in Dunning might have prompted her to send the box of poisoned candy to Phone Main 1719, PRINTER, 511 Samsome st, &. F. Evans and her address as | was and he testified | taining that no admission of Knight's | hand ng exper MARKES FUTILE « turned graph pur- pose of illustrating something that is not and never can be in evidence.” During the discussion over ad- mi: lity of the photographs Knight referred to Byington as Bying- t Attorney ignered th his hinds what he thought about ou an expert in the Dillard eet by eighty to Frank M ot § 2 s you an expert in the Dillard |4 'y i matter: concealed under | 7% ;‘[ 066 2, He' was 3 mitried mas. . case = | for $250,0 —_——— 2 ght's scanty, gray hair. The Judge % 1ar O at £F Yema, anihile Wi convioted warned him that he would fine him | _Loston. Eldridge & ¥ > Gt Leads o Shosting. On your testimony ; regul: . which was held yes- | > . . X for contempt if he made any similar | = et 1 As esult of the exchange of shots Yes. > terday properties as follows: Chaiea 3 Tl Tt it e factit the jury ac-|CcOmmenis. 38 + residence. a¢| DEtWeeN opposing Chinese in er aquitted him on twengy-nine counts on | Al one stage of the examination 2 three-story residence. % | alley early yesterday morning Louie % T s night asked that Kytka be disquali- street. $11.500: lot and | Sing and Louie Lee of the four fami- which you testified that he committed | =5 3 va. 00 & 4 forgery and only convicted him on one | fied because he was evidently unfair. : ! lies and Louie Poy and Kum Chin of e ) ¥ Judge Cook dismissed the motion con- the Louie family were boo charge, and W that you had nothin oy h"é" pod. VD . € | {temptuously Kytka was asked if he City Prison yesterday afternoon on he whtia =un't»d to explain, and | ©¥eT Solicited employment from attor- charge of assault to murder. The l\mx.’H fémbanden:s . .‘,r".. or | N€ys and if he was not willing to take | BeRte. | warrants were sworn to Before Police “no. E ot mkrp” with se obe v side of a case provided he got a \ iots on ue, | Judge Cabaniss by a member of each ction. andlJudge Cook ruled that the | fe6-. He answered in the nega ree | of the rival factions, each claiming }nu"“,. Nehn it p et < “Did you not call on that the other did the shooting. The Were you an Jert in the James | Fidge and offer your services in the | Russia has 150 regiments of mounted | trouble was over girl inmate of a B Davil casat an Knight Dillard case and when they were re- | Cossacks. | house on Baker alley. I was your expert,” said the wit e . . ! DOAN’S KIDNEY PILLS. “Were you right’or wrong in that| ‘I was right, and nobody kmows it} BOE KEEESE ENENENEENEER better than you.” 1 pa t pho- illustration continued testimony. id that he had made photo- Crdphr‘ largements of all the writings in the case and examined them micro- | scopically. He identified the wrapper | on box of candy as the one sub- | | mitted him previous to the first | triel. All the other writings were | shown to him in turn and he rum- maged among the luggage he had brought with him and found the cor- responding photographs and negatives. In producing them he incurred Knight's anger, who claimed that “by a ‘simple twist of the wrist” the witness was exposing the photographs to the jury. | The court said that was improper and | warned the witness. Under questions from the District Attorney, Kytka explained the en- { largements on the screen of the fifty six exemplars of defendant's hand- writing and the corresponding selec- tions from the disputed writings. testimony His of technical ex- “loops,” “‘termin- haracte construction,” “in- itial point,” and various other phrases flowed from him freely and he traced the resemblances with his pointer. More damaging to the defendant than the expert's explanation was the view the jury had of the enlargements, which showed to a startling degree a similarity between Mrs. Botkin's ad- mitted handwriting and the penman- ship of the note in the candy box and the address on the wrapper. When Kytka was asked to point out the similarity of the handwriting on | the wrapper of the candy box and that of the two anonymous letters he said it was so evident that to explain it would be a waste of time and he passed the two over to the jury. CROSS-EXAMINATION. Knight took the expert in hand for cross-examination about 3 o'clock in — Don’t Miss This Bargain. Four-fold screens, heavy frame with grill top, in oak or mahogany, filled with imported French taffeta or bur- laps, 7 feet wide, 6 feet high: installment price $8.50; our retiring sale price $4.00. Pattosien Company, corner Sixteenth and Mission . streets. - was “Ho full “I don’t know anything of the kind,” | snapped Knight. “Were you a witness in the Piper will contest and didn't you pronounce the will a forgery I did. It was a rank forgery.” “And Chief Lees came to you with the ink gtill wet on the will?” OBJECTION INTERPOSED. An objection was interposed, which relieved the witness from answering the question. “You were a witness In the Becker case, weren't you?” asked Knight. “I was and he went across the bay and broke rock.” “Well, didn’t you testify that he had painted in the body of the check with a brush?” Again Byington imerpowed an objec- tion, and then the storm broke. “I want to show,” roared Knight, “that this man is unqualified as an expert. Why, everybody knows that in the Becker case he made a monkey of himself and was the laughing stock of the community.” “On the contrary.”™ shouted Assistant District Attorney Ferral, “Becker con- fessed that he did paint in the body of the check.” Kytka was talking at the same time, and Judge Ccok, red and angry, was endeavoring to get a hearing. Finally he succeeded. * “Mr. Knight,” he said, “this thing has gone far enough. If you make any more of these kind ot remarks I'll send you to jail.” During the hush succeeding this dec- laration Knight arose to his feet and asked on what grounds he had been San Francisco Backs Most San Francisco people have bad backs. Some suffer severely from backache pains, others have attacks that harass, annoy, but seem not serious. Many grievous mistakes come through back neglect. The apparent weakness which causes every little strain on the back, every cold, every exertion to bring backache pains, is a tell-tale warning from the kidneys. The kidneys are overworked, they become congested, and if you do not relieve them, urinary disorders follow—Diabetes — Dropsy—Bright’s Disease. Doan’s Kidney Pills not only cure the backache, but cure the kid- neys-of every complication that attacks them. } A Trial Free T0 SAN FRANCISCO CALL READERS. San Francisco Proof B. Edgecomb of 934 Mission st. says: “I knew from the condition and the action of the secretians from my kidneys that those organs were not doing their work completely or as satis- factorily as I wished. I tried different medicines, but without any effect or if any it was so unappreciable that I could not threatened with imprisonment. “Because the remarks you make are entirely improper,” said the Judge. “Then why allow the District Attor- ney to make them?” “He is at fault also, and I'll send vou both to jail on a repetition of the offense.” . Knight asked the witness if he had notice it. It was different with Doan’s Kidney Pills. They do not act on the bowels, but act directly upon the kidneys, sooth- ing, strengthening and purifying them so that they perform their functions properly.”