The San Francisco Call. Newspaper, April 1, 1904, Page 3

THE SA FRANCISCO CALL, FRIDAY. APRIL T, 1904. PANAMA CANAL 'Masked Robbers Dynamite a Car E on the Oregon Express in Shasta and Messenger Dies in the Explosxon COMPANY WINS i e Court Rende cision Adverse to De-| Claims French of Republic of Colombia | * KE NEAR AL NE? | ;R G T a sfer of Property to| 0‘ 5 AR R I'nited States Is Removed M 1 i APPEAL Last Obstacle ac ll”ll\l\ Threaten to Quit 2 o ovnl Work and Railroad Pre- PA < Mar bt | 2 s cided| pares for the Conflict 1 >lombia &7 “ ‘-uf“m.“y Spectal Dispatch to The Call. - > of The de- - s int of Co- | ANGELES, March 3L—Acting ble and condemns orders from Chicago, the local he costs of the have taken precautions to pro- e company’s property against of a threatened strike of portions, which, if it oceur, entire system. Accord- from Chicago, all of machinists, boiler-makers and | roundhouse employes of the company preparing to strike next week if tiations now progress for a sat- t rking scaie are not brought able and immediate termina- more than two months the »f the machinists’ unions and » leading officials the Santa Fe system have been holding conferences, romise has been effected to both sides, and now the results ous proj affect to advices inoed that the other | ~ right 1 be ombia's stock W are w aders been erected with a have be the laces. employed to take The leaders of the s that within the gTesE month more than 300 of their m bers have been laid off and the places filled by no men and | one of the dema s that these men be given ba places. In Los Angeles secret arrangements xe have been wde to offset anything that the st More than twenty men ged for . service at a mo a have b formed tha to ride on es leaving the roundhouse ghts anal, |and othe afeguard the com-| o s ina pany’s proj i It th It = known that the brotherhoods engineers rt in the trou- have not having officers, East. e he SAYS THAT THERE WILL } BE NO MERGER OF LINES New Manager of Oregon Road Denies That It Will Consolidate With the Southern Pacific. . Ma; PO —E. E. general LAND, Or. accomps Calvin assumes ' to-morrow. will be no mer- G ilroad and Navi- EW RE The Good | gation Company and the Southern ¥ t > t both roads will be op- the exception ve genera ervision matte is to retain his manager of the Oregon and his eral ffer no curtailing. He ort through Calvin in- gh the San Francisco indication that the | t the efforts of the | view both to rotecting the com- ¥'s prop n case of violence as a place of refuge for the men | and firemen | i strike would af- | | Continued From Page 1, Column 4. | blow up all three in order to se- | cure whatever money was being carried in the car. Robbers Probably Amateurs. It is thought from the haste of the masked men in cutting away the forward engine and leaving the scene of the holdup that they did not take time to! | secure the contents of the safes. It is thought the robbers were new hands at holding up trains ,iu view of the fact that No. 15 is commonly known as one which | carries very little money in the express car. O'Neill had run on the Sacra- mento and Oregon division for | over twenty years and was well | known to all railroad men. It is | not thought that he had a chance |to put up a fight against the | highwaymen, but that he was | killed in the explosion of the dynamite they used. : The agent at Keswick immedi- ately upon the arrival of Engin- !eer Joesink on his light engine started the town constable and a posse after the bandits. Joesink said the men were masked and offered him no violence. | Tumult Startles Passengers. The train was crowded with passengers, who should have ar- rived in San Francisco about 10 o’clock Friday morning. So far as can be ascertained none of the passengers were injured by the explosion or visited by the three masked robbers. O’Neill, the murdered mes- senger, was about fifty years of| |age. The passenger train was or- dered to remain with the single | engine at Copley, the scene of the holdup, pending instructions | from Sacramento. The officials | here stated that, their first care would be to clear the track and permit the stalled train to con- ['tinue its journey southward. POPE PRAISES THE AMERICANS Archbishop Farley of New ork Tells of His Various to the Pontiff Special Dispatch to The Call, NEW YORK, March 81.—Archbishop Farley, who has returned from his visit to Rome, got a hearty reception’ at quarantine from fifty clergymen of his diocese who had gone down the bay to meet him. “I had three long private audiences with his Holines$,”” said the Archbish- | op. “He is the third Pope I have known, | and it seems to me he enters more mtol details than either of the others. This is due, I believe, in a large meaure to his having gone through every grade| of priesthood. One day I handed his Holiness somé statistics, which I natur- ally ‘thought he would put aside to read | at his leisure. To my surprise, he took | up the paper immediately, read it| aloud, including the figures, and com- | mented thereon. “One is amazed at the knowledge the Holy Father displays of the church here | in America and of the American peo- ple. Indeed, most of the time I passed | with him was devoted to a discussion | of those subjects. He has a great ad-| miration for Ameriean character, and referred frequently to the self-reliance | and gnergy of the Americans. \ “soon after the news came of the ter-| rible* fire in Baltimore he said to me: ! ““I see they have begun t6 build al- | ready. . They have refused to accept outside aid. That is, indeed, American | self-reliance.’ “What impresses everybody who! comes in contact with the Holy Father s his great affability—indeed, I might call it almost democracy. My secreta-| ries once took some packages for me | into his presence, and naturally re-| mained standing respectfully near the door. ‘Won't you sit down? he said to| them kindly. They did so, very near the wall. : ““Come over and sit near me,’ con-| tinued the Holy Father, and for a few moments he talked very pleasantly to| them." Asked as to the.possibility of another red hat coming to America in the near future, the Archbishop declined to ex-| press himself. On the subject of the! substitution of Gregorian music for mixed choirs, the Archbishop would say nothing except that he would carry out the Pope's orders. O SR WS | O"Neill to come out. He had the | drop on them at first,but they got into the dark and told him to | sealed letter go to himself or his fam- | ily without Mrs. Bennett's consent. ICOURT DECIDES AGAINST BRYAN Sealed Letter Accompanying Philo Q. Bennett’s Will Not Admltted as Evidence IDENTITY IS IN DOUBT Missive Cannot Be Regarded as Part of the Last Testament of the Decedent NEW HAVEN, Conn.,, March 31.— A finding that the sealed letter, by which Philo S. Bennett expressed a wish that $50,000 should be given to ‘William Jennings Bryan and his family, was not a part of the last will of Bennett was returned by the jury to-day in the Superior Court in the trial of Bryan's appeal from the de- cision of the Probate Court. This find- ing, which upholds the decision of the Probate Court, was given in accord- ance with instructions to the jury from Judge Gager, who presided at the Superior Court trial. Judge Gager’s ruling, on a question which has never before come directly before the courts of Connecticut, decided that the letter could not be admitted as| evidence in the trial. The decision followed arguments | which had occupied most of the pre- ceding two days of the session regard- ing the admissibility of this letter as evidence, counsel for Bryan contend- | ing that it should be admitted, while | the attorneys for Mrs. Grace I. Ben- nett, the widow, and other helrs pre- sented = opposing arguments. As | Bryan’'s appeal was based on the ex- clusion of this letter as a part of the | bill in the Probate Court, the decision | | of Judge Gager that it could not be admitted as evidence practically con- cluded the proceedings in the Superior Court, and the jury was accordingly’ | directed to bring in a verdict against | Bryan. An appeal will be taken to the Supreme Court by Bryan's counsel | on the ground that the letter shouldr be admitted as a part of an estab- lished trust. An interesting feature of the day’s | proceedings was a statement which | Bryan made in court that he was will~ | {ing to- give a bond that in no cas would the money mentioned in th OPINION OF THE COURT. Judge Gager said in part: “The sealeq létter has been offered as a part of the will of Mr, Bennett, | the will itself having first been ad- mitted and proof having been made | that the letter was found with the | will Its admissibility is purely a ques- | tion of law for the court. No ques- | tion arises regarding the effect of the letter as creating a trust, nor does any question arise at this time as to Mr. | | Bennett’s intentions or the circum- | stances under which the letter was | written. The question, upon the face | of the paper, as it now stands before the court, is: Did Mr. Bennett tak The last report stated that en-| ;e out or they would kill him. | such steps as under the laws of this | 2201, manned by- Joe- sk, had left for Redding to se- { cure the Sheriff of Shasta Coun- | ity and a posse. | gine No. Engineer Joesink said to-night : | “As-we stopped at Copley to {take ~water a ‘masked robber boarded the head end and com- i manded me to get down from my | |seat. He marched my fireman |and myself back to-the express | car, where the other two were. ‘ They then opened the express car ‘dmr and commanded \Iessenger Easter Eggs to the IT\' now complete. p . . . The Excellence of Stock, the Superiority of Merchandise, the Vast range select from, make it to your great advan- tage to outfit your Particular attention 1s Easter dlsp]ay of young peo now 1n our show - windows. Quality, Moderate Price, is our watchword ROOS BROS. | connection with this announcement we beg to say that our stock of Chil- ‘ dren’s Clothing for the Spring season children here. invited Children 1S of Styles to to our ple’s goods Superior KEARNY AT PO ST [ saloon in this city a few mghts We Are Still Giving'Away | | toward Buckeye, a small place in i pletion of his duty will return to his .Hanrahan is detached from the naval | As he jumped from thecar he was killed. The safe was blown open | with dynamite. The contents were scattered all over the floor of | the car.- The top of the express | car was badly damaged. “They then uncoupled the head engine and took me with them and r,an: down to Keswick and disappeared. " The fireman was left behind.” - | . At this poitc it is hot known what further dan]agc-\\'aq done. The train had not arrived at Kes- wick at an early hour Friday | morning. It is supposed ‘the thrce men that held up Endicott’s { It is be- headed ago are the bandits. lieved that they are the hills. 3 e OF INTEREST TO, PEOPLE OF THE PACIFIC COAST Several- Minor Changes Are Made in | the Postal Service and War De- - | partment Issues Special Orders. - | WASHINGTON, March 31.—Postmas- | ters commissioned: California—Robert | M. Richardson, Sacramento; Nora E.| Miller,. Globe: Fourth-class Postmasters | appointed: Washington — Birdsview, Skagit County, David Russell, vice| John Q. Adams, resigned; Walker, Walla Walla County, Mrs. Frankie La- | claire, vice Edward H. Paul, resigned. Frank P. Jackson, William H. Pol]-“ ner and Will I Fisher are appointed | storekeeper and gaugers in the Sacra- mento revenue service. ‘War Department orders—Captain Da- vid M. King of the ordnance depart- ment will make two visits per month to the. works of the California Powder Works, at Santa Cruz, Cal, and two visits per month to the works of that company at Pinole, Cal., during April, | May and June on official business per- taining to the inspection of the powder in process of manufacture for the ord- nance department, and upon the com- | | station at the Benicia arsenal, Benicia, after each visit. Navy orders—Lieutenant A. N, Mitch- ell is detached from the Albatross to go to Mare Island, Cal., April 14, 1904, for examination for promotion, then home and await orders. Lieutenant D. C. training station at San Francisco and goes to the Albatross. ———————————— General Torres to Visit Here. TUCSON, March 31.—General Lo- renzo Torres, commanding Federal forces in Sonora, who engaged in the recent fights with Yaquis in the Santa Ursula Mountains, left’ to-night for San Francisco. General Torres says | mission | jection, | that an extraneous testamentary docu | fatal | set forth in a sealed letter which will | pleted | ated in a will the Indians are completely subdued. He will be the guest of General An- drade State made the letter, prima-facie, at least, a part of the will? The statute | as to the execution of wills prmldefl that no will or codicil shall be valid to | pass any estate unless it be in writing, | subscribed by the testator and at- | tested by three witnesess, each of them subscribing in his presence. . “The first objection is that the ad- of this letter: would violate | this statute, because the letter itself | is testamentary in character and not | executed as a will. | But there are other grounds of ob- | which, upon the assumption ment may be incorporated in a will and- sc entitled to probate, are equally | to the claim of the appellant. The sealed letter is not described in the will with sufficient certainty; the lan- | guage of the will is ‘for the purpose be found with this will’ Nothing what- ever to identify it; no Earmarks upon | it which will show lhat it was the let- ter that the testator had in mind when he put his name to that will, and it was witnessed. “It is also a° grave question. here whether a letter is referred to as al- ready in existence. And the letter it- | self, it will be observed, refers to the execution of the will as a past com- ransaction. NOT A PART OF THE WILL. “I have said that the intention of the ‘testator is of no consequence if he did not do those external acts which | the statute requires .to make a valid will. But suppese that, in a matter not clearly within the four corners of the will, he has disclosed an intention that a given paper should not have force or be used as @ part of a probated will. The cases, it seems to me, must be ‘rare, if they exist at all, where such a paper would be or should be incorpor- “Now, upcn this sealed letter is found DR. SB(IOP’S EEIEDIES. Tell Me Who Needs Help: Jllsthml.'ThatkllL No money is wanted—{rom you—nor from . ask only a postal card, a..unkuu.nmum-u ot T Will'send him my book. 1 will ue-mhldm‘ st near by.that he may take six botties. Dr. estorative. He ma; uhnumfln\ fh& it it | succeeds, t e cost is f it fai will pay the :mgm myself. the lwk |n|=r= word shall | o o o e L Rrye htlbflgflekmud ever eonvinge You ve Hore than that, they must have it for most. of them can never gt well withogt . . 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Leaves San Fran- cisco, Santa Barbara and Los Angeles daily, December 25 to April 19 for Topeka, Kansas City and.Chicago. Southern route —by way of El Paso— through a land where winter is unknown. Fast as the fastest. Piner n the Gnest. Tickets, berths_and literature at this office and at Southern Paciéc ticket offices. Rock Island System C. A. RUTHERFORD, District Agent, 623 Market St., San Francisco, Cal. this direction: ‘Mrs. P. S. Bennett, to be read only by Mrs. Bennett and by her alone, after my death—P. S. Bern- . nett.’ And at the end of the sealed ietter Mr. Bennett used this language: ‘T have sent a duplicate of this letter to Mr. Bryan, and it is-my desire that no one, excepting you and Mr. Bryan himself, shall know of this letter and bequest. For this reason I place this letter in a sealed envelope and direct that it shall be opened only by you and read by you alone.” “In my judgment,” says Judge Gager, “no language could be more conclusive upon the question that Mr. Bennett himself did not treat this letter as a part of a technical will or as testa- mentary in a legal sense, but only as a letter of private instruction to Mrs. | Bennett.” - —_————e———— GRANTS MORE PRIVILEGES TO FOREIGN STEAMSHIPS Canadian Government Will Permit American Vessels to Carry Bonded Freight From Vancouver. VANCOUVER, B. C., March 31.— The order in council of February 23, 11903, granting foreign steamships the privilege of carrying Canadian bonded freight from Vancouver to Dawson via St. Michael and the iower Yukon River route, has been renewed. Col- lectors of customs on the Pacific Coast | | were so advised by telegraph to-day. | | The result is that American vessels may take Canadian freight and trans- port the same to St. Michael for trans- shipment to the river steamers for de- livery at Dawson. —_———— Dublin's Former Lord Mayor Dead. DUBLIN, March 31.—Valentine B. Dillon, twice Lord Mayor of Dnhlhl. died to-day, Pleurisy Pneumonia Consumption Positively cured with Dr. Hal= pruner’s Wonderful Medicine, or your money returned. Price, 50c. and $1.00 per bottle. For sale by all dealers and at office of Halpruner Medical Mig. Co., 28 California St., S. F., sent by mail or express. People cured free of charge from 1 to 4 p. m. B FOR BARBERS. Ba- RUSHES &= S8055s G bouses, billiard tabl2s, brewers, bookbiriders, candy makers, canner dyers, flour mills, foundries, laundries, pager- hangers, printers, painters, shos faetoris, stablemen, tar-roofers, tanners, failors, ste Brush Manufacturers, 609 Sacramento S%. 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