The San Francisco Call. Newspaper, April 1, 1904, Page 7

THE SAN FRANCISCO CALL, FRIDAY, APRIL 1. 1904. ‘\SSAH‘S STATE HYDE-DIMOND INDICTMENT SUSTAINED OMMISSIONER HEACOCK Defendants’ Long Fight to Secure Their - Discharge Fails for the Present, but Will Be Renewed---They to Force the Government's Hand Congressman Bell Speaks in the House Regarding Af- fairs at the Soldiers’ Home e VILS BY FEDERAL C Begin Attempt OBJECTION TO CANTEENS! R \ttack Is Made on the Coast and Geodetic Sur- vey for Alleged Scandals PO boards Disab! ying Senate was mber nmu- appro- aken he position ber there have n strat .——— Herrings off Sausalito, WHO ARE NESS FOR TE EVERY EF] T WHO WAS UNEXPECTEDLY FORT TO AVOID -+ Rour o for Sam |'ties in the way of habeas corpus pro- | The rame nd im- | ceedings, objections to the writ of re- | DOAN’S KIDNEY - PILLS. R technical | moval and other expedients to enable bt g case ves- . the wealthy defendants to prolong. their I al M ) MrperIn: e : s stay under the sunny skies of Califor- |l “( 4 ‘“ “ NELE LR Hes a, which were never so dear to them J JL - the motion of Defendants now. The trial of Hyde, Dimond *ES e s M i A and Her P. Dimond 1o | a their: alle d fellow conspirators Which Is Better— n ent or Bd- -disel ot beietn et the Heders L Profit by & San Francisco . Citi- . ‘l' v 11 o o e 5N Paane i ¥ T as made D e € SN0 Wy et b .,,,‘)\ i When court opened yesterday morn- . od on - additional| 58 Francis J: Heney, the Government's yesterday, | SPecial counsel, had a few words—just y volumin- Commis: the Government's position thus far devel- been. against. the. jurisdiction of the court, in which the indictment was re- turned, The claim has been persistently made and pressed with great force that the uniawful acts charged in that docu- d take "“.';f".\'\}A"( CUM-DE- ‘| nient were committed in the States of VIGORATOR is a nai- | W ashington. and Oregon if: committed | ural rer .of lost - At d . therefore. that the indiet- | It I the ONLY means | ment ‘should have been found in-a Fed- onie of these Stafes. This | been 4 ited for the) Commisstoner Heacock is likely to reappear; expand and deve » al court i ore decar. & shortly. The attorneys for the defense! ROvED BETELDE are too ighted to let the Govern- PRO { ment's w tell-all they know, for having made them their own witnesses the defendants woyld be bound by their fmony, hence it is{probable. that ! :ill be questioned just enough to ! enable McEnerney.. Wheeler, - Schles- | inger and Knight to extract the facts bined with PENSORY S oty hir & xperienced pecial Foes | siven on 10das# | they want. These facts are expected to trial and approval i show - “that: “the ’ alleged . Hyde- ! Benson conspiracy” was - formed, “FM,,T:)'.FAPPI;'I;:‘CE io'lg | it - at “all, “not: in “Washington, D.-C,; arrell Street, 8. Fo | charged in the®indictment; but in | San Francisco or- Portiand, or at some other point on the Pacific Coast. Armed with ‘such _evidence the legal gladiators will again: ask the Commissioner. to dismissg the complaint on’ the ground that -the District of ‘Columbig’ lacks ! juriediction over the alleged: crime. F THE LONG FIGHT AHEAD. BLOOD.LIVER.LUNGS:| | 1 ic a pretty fight, with the com-| ——————————= | patants well matched. Heney and Pugh MEN AND WOMEN, | have won thus far, but the quartet of Use Big @ for unnatursi | keen San Francisco lawyers against discharges infanimations, | themn have a barrel full of motions and Arritations or uicerations | bjections to spring on the Commis- nd uot sstrin- | sjoner before he can reach the point of holding the defendants for trial, if he e, | €hould finally so decide. Even then by exprems. prepaid, fof | thicy will by no means be at the end of 3;&2‘5‘:‘,".‘.".’.}.‘.. ! their rope, for there are vast possibili- t introduction’ of dence their purpose to call all ent’s witnesses on whose the dictment was found Y and Jury in the Su- preme Court of the District of Colum- bia.- ¥ fully these witnesses will bé interrogated by the defense is uncer- in—probably not more so than will be necéssary to furnish the astute law- yers with grounds for another attack upen the indictment and a new motion release the defer There is ery prospect tha will con- | tinue for many w e and Di- mond are not going to Washington for trial until they exhaust every resource of legal strategy. { The principal line of attack on the oped by the defendant’s attorneys has | | | McEnerney got back at the Govern- 1 ment counsel, arguing that the prose- Hyde. ef the prosecution shoul tion of the: ind rting shot at He said: * on: neral Land Offi kg Washing- | 1 this means weeks of labor for .the pense for the Government HENEY'S SHOT AT HYDE. i , ‘how simple! Let them n’the stand for | minutes of cr will be all that nis dec 1 snould first say, ““Mr. enter into an agreement Benson substitute fraudulent -land tities | r genuine at the expense: of the United { States?” If ‘we may belleve his counsel here, | Mr. Hyde would doubtless reply with great | | emphasis, *No: never.”” | Then 1 would ask & second question: “‘Did ou ever select the tracts of land outside the | Torest. reserves ‘as named -in .the indictment | | to. be ‘exchanged for other tracts of equal | |-area held by you within those reserves?” .~ And | | he- would ‘answer “Ves. { Then a' thirc question |'the rast named tracts, California and Oregon, cence Hyde, did with - John i | A “Did you get titles to-| the school lands of | by means of false en- | tries and ‘fictitious. names and persons not | [ qualified to purchase?’ -Of course he would indignantly respond, ‘No. ! That would ‘end_jt, o far as the defense is | concerned.- That would_contradict the. indict-| ment: and compel’ the Government 'to -produoce.| all this evidence which Mr.- Hyde's aitorneys | have so cloquently demanded. We. should ti Have 1o pregent i the court the witnesses on Whose testimony. the indietment - was found, | and whom the defense has spent four da. tr¥ing 1o force us to call, in But why should we call these witnesses and produce _this tary e before we Znow whether, after that is 1 tend- ants will not then say, *‘Thank vou have he testimony,” and use the Knowledge thes ave thite gained to enable them by means of bribery or forgers or subormation of -perjury work up a defense for the trial at Wash- ington? - I mean no -reflection upon the emi- nent counsel on the other side;.but direst my remarks to their clients, S THE DEFENSE CLOSES. Heney's elaborate and stinging sar- casm -was -hardly noticed- by’ the ‘de- fendants' counsel when they. took ad- vantage of their right: to the last word onthe motion, ' First came Charles S. Wheeler, who reneived -his.forcible argument of the: day before against the jurisdiction: of ‘the court’at Wash- ington, still’ contending’ that” the. in- dictment charged a crime’committed inCallfornia_and ‘Oregon:and ‘there« fore that the trial must be here. Then cution’s method practically involved the assumption that the indictment was conclusive evidence of guilt. “No so,”' interrupted the ready Heney. “You are at perfect liberty to put your witnesses on now gnd contradict the indictment to your heart's content. Hence it is not con- clusive evidence of anything. It is only presumptive evidence until you meet it with some positive testimony.” | mony will not sustain the indictment | Knight | argument But McEnerney had other shot for the Government and the battle of the ! skillful leaders was kept up for many rounds. “Why,"” asked Hyde's counsel, “does | the prosecution. object. to calling its witnesses now and taking their testi- mony; when these same witnesses have already given the same testimony in the Benson hearing in New York?” “‘Because your demand here is not | { | { made in good faith,” Heney retorted, | ‘and because the testimony taken in | New York against Benson did mnot bring out half the case against Hyde.” “I still insist on the Government's | witnesses being produced,” said Mc- | Enerney in conclusion, “because I am | satistied that their combined testi- or make a case for the prosecution.” | The argument for the defense closed | with - a recapitulation by Samuel of the points made on that side. This brought the hearing up to the noon hour and an adjournment was. taken for luncheon. HEACOCK DECIDES The Commissioner announced his decision immediately upon the reopen- ing of court. He said: I have been deeply interested in this long The case is the most important and olves the most important questions 1 have en called to pass upon during all my twelve 1 have neither the tfme strength to present a lengthy written st will briefly state the decision ve reached according to my best inv bee which 1 b judgment, The oniy evidence introduced on the part ot the Government is the certified copy of the indictment found in *he Supreme Court of the nstrict of Columbia. In spite of the obfec- tie th Irideed, it is not disputed that all the decisions i the Federal courts’ without a single dis serting opinion agree. that suck an {ndictment establishes a prima facle case. against the de- tendant Mr. § m th: at this indictment is defective in two pects, first, that 1t {s alternative, and sec- | . that it falls to charge any public offense inst the United States. 3 } As 1o tae first point, we find on inspecting | the indictment that it contalns the following catien: *“'Sald school lands were to he obtained by making and filing applications for | the purchase of the sume and assignments of the same and of the certificates of purchase thereof, in the names of fictitious persons and in the names of persons.not really desiring and not qualified to purchase the same, and by supporting such appiications with’ forged and fravdulent affidavits .lnd atfidavits falee and known e the said .Frederick A. Hyde : and John A. B on to_be false in this, that they would purport to be, some the affidavits of real versons and others. bona fide. sworn atn. dovits of the nersons-::whose . names: . were ed thereto,- whereas in-truth -the former would be.affidavits of- fictitious: persons - and not sworn to by any:person,: and:the would not be the hana fide or of - the ., persons: ‘Whose - na thereto, - because :gleo the weuld not_in truth have been sworn by un,v‘ of the » ‘whose: " name; o i - Now - the. tive, henee thres:methods -of .all l’l‘l’l‘l“:: A even tl proot. w0, st -will ‘be:sufficier:t, ‘and the will stand. B - 5 B FULLY CHARGED. As_to Mr, Schiesinger's second objection, Mr, Pugh made the matter so plain yesterday ibat it cannot in my judgment be questioned. 1 bad previously arrived at the same con- clusion from study of the indictment. It cou- clusively appears from the regulations of the land office that when the parties made their selections of lieu lands they at once recelved the use theredf. Hence the Government wus defrauded out of the use and possession of those lands. The United States were thus clearly prejudiced, under the language of the indictment. Many minor questions ing to the indictment have been argued at great length here which should be presented to the re ond, | Tury i nent | and | fora and Mr: | public offense? | where the indictment was found. | of hlesinger his very ably pressed the | f ACCESES THE POLICENEN Indictments Are Returned in St. Louis Because of Disturbances at the Polls OFFICERS ARE SCORED Governor Is Asked to De- mand and Accept Resig-| nations of Commissioners ST. LOUIS, March 31.—The. Grand called some time ago to investi- gate the alleged assaults perpetrated upon voters during the Democratic pri- maries on March 12 made a report to- day, returning indictments against sev- enteen policemen and John Lavin, a central committeeman, charging-them with failing to quedl the disturbances. The report also. severely criticizes Gov- ernor-.Dockery for “allowing the St. Louls police' department {o be used as a_political machine.” | £ - The report is couched in temperate language: The members of the Grand Jury. assert. iri thelr report that what they say is not actuated by partisan- | | 'ship, as they. call attention to the fact | that eleven of their number are Demo- crats and one is a Republicafi. ‘The State administration is Democratic. The Grand Jury report then says that i in partial investigation of the election outrages in. the Democratic primaries it found that some of the ‘most.promi- men in St heaten by “Indians” €nce of the police; who did nothing to | protect them. The report says that the police, in some precincts at least, were | in connivance with the ruffians. The Grand Jury appeals to Governor Dockery to take the police out of poli- t and in effect recommends that the Governor accept. the resignations of the present Police Commissioners by sug- gesting that a non-partisan board be! appointed. * The report says that favors State control of the police de- partment. —_———— Mrs.. Emma Smith Dead. OAKLAND, March 31.—Mrs. Emma Smith, whose -~ husband, Stephen B. Smith, ‘was found dead about a month ago ‘near the family home in Moraga Valley, died to-day at the home of her sister, Mrs. M. Van Ostrand, 7 Eighth street. She leaves two sons, Ray and Lester Smith; a daughter, Mrs. Bertha Hollingsworth of Santa Cruz, and three sisters, Néll and Martha Huf- M. Van Ostrand. Louis - were. slugged | in the pres-| it| [NION TRUST COMPANY FALLS Banking Concern Is Unable to Meet Its Obligations Owing to Big Withdrawals DIRECTORS CONFIDENT Sl Declare Positively That the Depositors Will Not Lose | Anything by the Failure) ————— March 31.—The Union closed its doors to-day BOSTON, Trust Company The company was incorporated in 1888 | with a capital of $100,000. The presi- dent is former Congressman William E. Barrett. Barrett also is ,a well- known Boston publisher. Frederick B. Roberts. is gtreasurer and the directors are William E. Barrett, * Charles H. Adams, C. F. Donnelly, James W. Dumphy, M. Edward Smith and"G. A. Stone. Q . The liabilities of the company are | placed at $1,600,000, with nominal assets of about the same amount. The diffi- culties of the concern are attributed to heavy withdrawals by depositors and | the inability of the management ta realize quickly, on securities in order to.provide for its usual demands. . At the offices of the Savings Bank Com- miesioners’ it was stated- that the com- pany had been temporarily enjoined b, the Supreme Court and that the appli- cation for a. permanent injunction was | returnable to-morrow, when the court will . be asked to appoint- a receiver. The directors of the company announce that mo opposition will be made to a receivership and that the company will go out of busin ‘They declare pos itively that depositors will lose nothing. e Royal Party Arrives From- Naples. NEW YORK, March -31.—Pr Henry of Ruess Kostritz, the Princess of Ruess Kostritz, Princess Clemen- tine of Ruess, Princess ebitla of Ruess and Princess Olga of Saxe- Altenburg arrived to-day “on .the steamship Prinzess. Irene from .Na- ples. . ADVERTISEMENTS. . ONLY A SUGGESTION. But It Has Proven of Interest and Value to Thousands. Common sense would suggest that it one wishes to become ileshv and | plump it can only result from the food we eat and digest and that food should be albuminous of flesh forming | food, like eggs, beefsteak and cereals; in other words the kinds of food that make flesh are the foods which form the greater part of our daily bills of | fare. { But the trouble is that while we eat enough and generally too much, the stomach, from abuse and overwork, does not properly digest and assimilate it,. which is the reason so many peo- ple remain thin and under weigh | the digestive organs do not complete- |1y digest the flesh forming beefsteak and egsgs and similar wholesome food. There are thousands of such who are really confirmed dyspepties. al- though they may have no particular pain or inconvenience from their omaehs. | If such persons would lay their | prejudices.aside and make a regular practice of taking, after each meal, {one or two of Stuart’s Dyspepsia 1 {lets the food would be quickly and |thoroughly digested, because these | tablets contain the natural peptones |and diastate which every weak stom- ach lacks, and by supplying this want | the stomach is soon enabled to regain |'its natural tone and vigor. Fab- Stuart’s Dyspepsia Tablets digest |every form of flesh forming food, I meat, eggs, bread and potatoes, and this is the reason they so quickly build | up, strengthen and invigorate thin, | dyspeptic men, women and children. Invalids and children, even the most | delicate, use them with marked ben- efit, as they contain strong, irri- | tating drugs. no cathartic nor any | harmful ingredient. Stuart’s Dyspepsi most successful and | known of any remedy for stomach troubles because it is the most rea- sonable. and scientific of modern med- icines. Stuart’s Dyspépsia Tablets are sold by-every druggist in the United States and Canada, as well as in Great Bri- tain, at .50 cents for complete treat- ment. Nothing further is required to cure any stofhach trouble or to make thin, nervous, dyspeptic people strong. plump and well. no Tabiets most is the widely Senator Allison’s Condition Improves. WASHINGTON, March-' 31.—Sena- tor Allison of Iowa, who became ill at the Capitol yesterday, is still con- fined to his home. The attending.phy- ian said to-day that there were no dangerous symptoms, that the Senator is improving and might be able to re- sume his duties at the Senate about Monday. & court where the indictment wae found. The only question for me Is, does It charge a Of this I have not the slight- est doubt. On_the matter of constitutionality so ably arguéd by Mr. Whee 1 have not changed that the jurisdiction of the court be questioned by an inferior tri- bunal. The arguments I have heard have net satisfled me that the court at Washington had not competent jurisdiction. The safe rul for me hag been lald down by the courts in | language: ‘‘The commissioner should consider whether the Indictment in substance and not necessarily with technical accuracy, charges a public offense. should be resolved In favor of th ment, especially as they can be the Judge in the district or b the following Goverr. solved by the court Hence, if in assuming that the Supreme District of Columbia has co sidered this question, it can be raised befo the Judge here who will be asked for the writ of removal or before the court at Wash- ington. The most serious question here is presented by the cla‘m that, the Government is obiiged to produce its evidence, especlally in view of the presence of the witnesses. But I find that he uniform usage of the court favors the 1 am wrong “ourt of the | rule that a prima-facle case only is required to be made out In advance by the prosecu- tion. This, I believe, s independent of guestion whether it is made out by primary or secondary evidence. There Is no decision to, the contrary in the reports. The defend- ants, moreover, are in No worse position be- cause the Government’'s witnesses are here than if they were not oresent So I am in- lined to hold that the indlctment was prop- erly introduced in evidence, and that it is not necessary to sustain ‘it by further te: dvance of evidence to contradict on f of -the defendant, Henry P. Di- mond, as been urged that the complaint should ed as to him because the indictment falls properly to allege any guilt upon his part on_reading the indict- ment we find it i= specifically charged that he acted as the agent of Hyde and Benson in all their acts committed in furtherance their alleged conspirac: and with full Knowledge of sald conspiracy. and with the intent to ald them therein. In every instance the overt act charged in these thirty-four counts 18 alleged to have been committed by him. I do not know how language could have been stronger. T will_therefore -deny the motion as to each of the defendants, and will now permit the defendants to introduce testimony. FIMPLE ON THE STAND. Following the Commissioner’s ruling, the | | | 3 the defense demanded that each wit- ness for the Government be called to the stand for the purpose of cross-ex- amination by the defense. “Cross-examination on what?" Heney. “On cried the averments, inger replied. “They have given no testimony," said Heney, “and therefcre cannot be cros examined But the no objection to your calling them and examining them as your witnesses. Call them and get the whole story from them. You don’t dare.” “We'll accept Mr. Hemney’'s gracious permission,” McEnerney said, with a dry curl of his lips. “Let John H. Fimple be called.” Fimple, who has come all the way from Washington, D. C., for this hear- ing, took the stand and told the court that he was the the defective | averments of the indictment,” Schles- | Government has | Assistant Commis- | sioner of the General Land Office and | had previously held divers other posi- ' | tions of trust in that bureau as well as in the Interior Department. Bu:i as soon as McEnerney asked about the regulations governing land entries and selections of lieu lands the attorneys | found themselves brought to a stand- still for want of the records and other papers, a wagon safely locked up at a hotel. placed all these at the disposal of the defense, an early adjournment was tak- en to permit McEnerney et al. to dig deep into the dccuments. The hearing will go on at 10:30 o’clock this morn- ing, when the records at the bottom of the indictment will be gone dver with the object of getting proof that the crime of the defendants, if they com- mitted any, was done in California. VT ¥ e ) ey SOROSIS SHOE PARLOR 216 Post St. Send for Latest Catalogue. ROYAL SHOE C0. 50 Third St. load of which were | As Heney | DRVRDV VDD D DD visit DR. JORDAN’S anc MUSEUN OF ARATORY 1051 HARKET 8T bet. 6122702 5.F.0al, The Largest Anato: > v eaknesses OR. JORDAN—D'SEASES OF MEN Consoltztion free and strictly private. Treatment persorally or by letter Poritice Curs in every case undertaken. A Steaimers lea Q wharves, Plers 9 San Francisce l 1 For Ketchi Q} Juneau, etc., Alaska 31, "Apr. 5 Change to Com- pany’s steamers at_Seattls Victoria, _Vancouver, Port Townsend Seattle, Ta- comd, Everett, Bellingham: a. m., Mar. Apr. Change at Seattle to this company steamers for Alaska and G. N. or Tacoma to N. P. Ry.: at P. r Eureka (Humboldt Bay) p. m., Apr. 4 1:30 p. . Apr. 1 For Los Angeles (via Port Los Angeles and d0), San Diego and Santa Barbara—San- Redond San Pedro), San Obispo), meon, Cayucos, Port Harford (San Ventura and Hueneme 9 a. m., Apr. 1 9'a. m., 4 senada, Magdalena Bay, San Jose del Cabo, Mazat'an, g Santa Ro- | salta. Guaymas' (Mex.), 10 a. m., ith each month. For further information obtain folder. Right is reserved to change s dates. TICKET OFFICE—4 New Montgom- st. (Palace Hotel). 10 Ma st. and Broad- wharves. Freight office. 10 Market st D. DUNANN, General Passenger Agent 10 Market st., Sen Francisco. The Pacific Transfer Co.. 20 Sutter st., will call for and check baggage from hotels and residences. Teleohone Exchange 312. eamers or sailing er: NOME ST. MICHAEL THE Al FAST S. S. ST. PAUL CAPTAIN C. E. LINDQUIST, (Carrying FROM SAN FRAN JUNE 2 Connecting with the Company’s Steamers for Ali BERING S POT and St. Michael with the Company’s River s for Fairbanks and all points on KOYUKUK, TANANA and YUKON RIVERS For Freight and Passage Apply to NORTHERN COMMERCIAL CO., 525 Crossley building, Cor. Mission and New Montgomery sts., San Francisco. O. R. & N. CO. OREGON salls March 28, Aprii 7. 17, 27, May 7, 17 and 27. GEO. W. ELDER salis March 23, April 2, 12, 22, May 2, 12 and Tél .. an Only steamship line to PORTLAND, OR. ehort rafl line from Portiand to East. Through tickets to all points. tickets include berth and meais. Steamer saiis foot of Spear st., at 11 a. m. S. F. Gen. Agt. P: Dept., "I Montgomery st.; ';s CLIFFORD, Gen. Agent Freight Dept., Montgomery st. aaman, ZEALANG use STDNEY, Occanics.s.Co, sl v S. S. ALAMEDA, for Honolulu, Apr. 2, 1l am. §. 8. VENTURA. for Honolulu, Samoa, Aucke land and Sydney, Thur., Apr. 14, 2 p. m. §. S. MARIPOSA, for Tahitl, Apr. 23, 11 a.m. 1.D.SPRECKELS & BROS. €0., Agts., Ticket Office 643 Mar- ket St., Freight Ofice 329 Market St., Pier 7, Pacifi St. KOSMOS LINE. (Magelian Route.) Passenger Servies—Through With- SAMOA, niW S. tons, Captain €. Jansen. sailing from San Franeisco on or about April 20. 1904. for London, Hamburg and all principal ports in Mesico, Central and South America. For rates and particulars apply at passenger office, 641 Msrket st., or i LENDAL M. GRAY, Manager, 429 Market #t.. San Francisco. % O00MPAGNIE GENZRALE TRANSATLASTIQUR DIRECT LINE TO HAVRE-PARIS, Safiing cvery Thursday ioatead of a S Saturday, at l? a. m..urm‘m Pl"r 2 North RKiver, foot of Morton st 3 s D and upward, Ssc. First class to Havre, lT.n; e GRN ond clues to Havrs, & ERAL AGENCY FOR CANADA, 32 Broadway New Yorsk“:. F. FUGAZL & Co.. 7 ontgomery avenue. '?‘I‘:k:“- sold by all Railroad Ticket Agents. nnmumv-g-gm team: N. FRISBIE or MONTICELLO— T G315 and 8230 p. m.. except Sunday. $:30 p. m. Leave Vallejo 6 p. m., excopt Sunday. Fare, INITED STATES AND (Hudeon building’. & Co.. Pacific Coast J sco. m.. 2:30 and Sunday, 7 a. m., 4:15 Tei. Main 1508, Pler HATCH BROS. —— WEEKLY CALL, $1.00 PER YEAR,