The San Francisco Call. Newspaper, April 27, 1904, Page 9

THE SAN FRANCISCO CALL, WEDNESDAY, APRIL 27, 1904 IN CONEERENCE Exhibits by Pupils in City’s Building at Nt. Lounis Are Theme for Some Diseussion SUITABLE -—— \DOPT PLAN s ‘ssurance Is Given Counsel That in Iidueational Line There 1s ‘nough Ready for Display for Henry P. Dimond, one | the defendants in the land fraud: made unexpected move yes- attempt to controvert cas an terday in their the Government charge that their ient wrote anonymous letters hich have suddeniy become thé turn t of the pr nary examina- United States Commissioner They tried to put Dimond’s and former client, Fred on the stand. Hyde refused on behalf of his alleged fei- onspirat Had he consented, he 1d been asked to produce & series of other anonymous letters wim. three years, it is claimed, | annc etters of a scur- re Heacock co-defendant A. Hyde, to testify low have n ye isal to testify Wheeler Dimond’s counsel, alleged commissioner should or- to the stand. They declared hitherto unmentioned let- nclusively appear to have by the same person that istles sent Secretary »f the Interior Department, 1 J. Burns, the Government Dimond himself. But missioner was unwilling to offhand ruling that Hyde ist take the stand, and the question | reserved for decision later. | counsel then recalled De-| and tried to force him to garding his knowl- of the anonymous in the case But the > man told more than missioner sus- of Government der a recent de- Court many of | were inadmissible. | ght into the case er friend of Hyde, Ellsworth, who, it author of the letters not want to disclos Dimond’s counsel now is | T the letters al- 1 evidence at the suggestion of ents in order that th ed in way agains the Lowell 1d o lisplay of is 1 Wrote some t! opening of court defendant Di- Miss ¥ - al mond ecalled by Samuel Knight, v . - s f his counsel, for further redirect ex- George 3 X ar This proved Knight rely calling out additional denials of ywledge arding mentioned importance to our client, Di- A o #h S } facts s nd took | ir t Then the permitted to leave the| s counsel | SONS' DIFFERENCES DID NOT - attack on the Gov- | CAUSE MOTHER'S DEATH Shat e Weste 2ty Frederick W. Lawton Admits That OTHER ANONYMOUS EPISTL He Wholiy Misund »od His We desire to call Mr. Dimond’s ¢ Brosher's Positior defendant derick A. Hyde” said | " €5 Knight, “in order to prove the receipt | by him of a series of anonymous let- | te ng a long period befgre the! ! f this case. The scurrility | £ se letters such that Mr. Hyde | nely reluctant to produce them, | | | reat that we are forced this objection.” ] joint proceeding,” inter- McEnerney, of Hyde's and therefore you have no call Hyde. He will decline, our instructions, to be sworn.” brought les S This jected Garret W. a This Dimond’s other attor- Wheeler, C ney to his feet. He aid said Not Yet Settied. Appointment 5 of City Engir to his alleged conspiracy ¥ v . let his gu'lt or innocence stand nsky would not y he question of his authorship of the | t tco much to eay and w urt will aut e letters Jetters—ietters that n and the cu letters are in exactly the ng as the anonymous com- | ived by Dimond, by the Sec- rior and by Mr. These letter was inclosed 4 $20 > e 0 its pu in the eame month omplaint of who was beld up & & of Robinso sent to t Examiner, with $10 inclosed. | — — b unications were not published. So | v Honor to call Mr. Hyde to the cmn—mg st n order that we may prove that f — e e has been such lette: the mafls. We shall also ask for an the his possession will come nea production all such letters 1 think xamina- r Honor ole series CALL! | IT COMES. . Wheeler,” asked ment Counsel Heney, “that Di- mond’s writing on the stand yesterday | | and the letter sent to the Secretary of the Interior were not the product of the same hand?” “Yes, most assuredly,” was Wheeler' response | Very weill,” said Heney quietly. “I _— | asked the question becaus I just wanted to know how much weight to give your assertion. We shall do all we properly can to aid you in getting | these other letters into the record. But, hotel has| g while I have not had an opportunity to . ; Bt k up the law on the subject, I am Gr, Nuts in the kitchen for | gisposed to agree with Mr. McEnerney that Hyde, being a codefendant, cannot be compelled to take the stand. We are unwilling to express an opinion that may adversely affect the Government’s vight to hold Hyde for trial” hat WILL HAVE I 1ests t It is sometimes leit off the “In my present feeling on the sub- —_ ~osts somethi and | Ject 7 shall decline to grant Mr. eall, BOFII COMS SOREDEAD: Sl s motion,” ruled Commissioner . el f i | Heacock. “If he satisfies me as to his oprietor Tather SErve iont to ask it I will swear Mr. Hyde d . | later.” me less known food that iS| This ended the important subject for the Counsel will probably present briefs on the law point involved, and the commissioner will then decide fin- | ally whether to call Hyde to the stand. { BURNS IS RECALLED. “William J. Burns,” called Wheeler, | and once more the widely known se- | cret service man returned to the stand, rested food and values | where the defense hed already made many attempts to force him to disclose the evidence on which the Federal Grand Jury indicted Hyde, Benson, Di- mond and Schneider. He was asked when he first took up this case for in- vestigation, and the question at once wrought an objection from Heney. fust given to him frec of bei for the privilege named on the menu. ng ver, if ome likes Grape- gorous ’1fc, that comes with its u , cail zxn«h it comes. e | to meet that | ters,” L + SCHOUL CHIEES HYDE REFUSES TO AID IN PROVING Will Not Produce Another Series of Anonymous Communications That Were Sent Him---Question of Authorship Is Turning Point in Land Frauds| Required in School Census Case---Attempt to Implicate Detective Burns With the Documents|qsx srFoRD NO RELIEF -+ 1 | i | | (! MENT D IN VAIN TO OBTAIN ADMI 5. ALSO COURT STENOGRAPH AGENT WHO TESTIFIED IN 1 L WHO WAS CALLED 10 7 < as similar questions had brought like objections every time the detective had | he) The Fed- | been called by the defense. eral attorney cited the decision handed | down by the United Court- within the last fortnight in the postal frauds case of G. W. Beavers, hplding that the indictment itself, until contradicted by positive testimony, tablishes a prima facie case sufficient to hold a defendant for trial, and that | the defense is not entitled to impeach | his Dpossession or the the indictment even by testimony tend- | ing to show that the Grand Jury acted on insufficient evidence. Heney con- tinued: This is another fishing excursion, but, under the doctrine of the Beavers decision, fense has no right to expos the Grand J the de- e finding themselves canont be hurt t us find out satd are now, so nce they presented have been weeks calling es and questioning them i when the trial comes on at ave manufactured evidence of the Government. I will go farther and say that they have manufactured evidence right here and are your Honor from eeeing the &hip upon “We insist that we have a right to question Burns as to facts bearing on the authorship of the anonymous let- said Knight. “We challenge counsel to put his finger on a bit of manufactured evidence.” “I can point out a dozen,” Heney. “That comes with poor grace when the Government is picketing my office with detectives and shadowing Dimond Governmen order that th Wa marks of author- retorted by day,” was Knight's rejoinder. | onsense,” laughed Burns in the witness chalr. “The Government is doing no such thing. No detective on my staff is bothering Mr. Knight or his client.” “We propose to ask this witness as to his knowledge of certain facts stated in the anonymous ietters and to show by his testimony that these facts were locked in the bosoms of two or three men, of whom Dimond was not one.” “I will permit you to ask your ques- tions,” said the commissioner, “and will rule on them when I hear them. But 1 will limit the questions very strictly to the lines defined in the Beavers decision.” HE REFUSES TO TALK. Then, in answer to Wheeler’s ques- tions, Burns told the court that he had first come to California to work up this case in June, 1903, and had res mained here until the following Sep- tember, not returning till February of the present year. He had marked the money Harlan and Valk received from Bengon in December last, but had not telegraphed anything about these mat- ters to any person in California. Burns added: “I never knew that Town Talk and the Examiner had received anony- mous attacks on Hyde until Mr. Heney told me yesterday that he had this information from counsel for the de- fense.” “Did you ever report that a woman named Ellen Ellsworth had been writ- ing anonymous letters to Hyde?"” asked Wheeler. “Yes,” said Burns; “I told Mr. Heney that she had been writing such letters to Hyde—letters that related to his do- mestic affairs.” “Whence came that information?” “I decline to say.” Heney objected to the question, and Commissioner Héacock sustained the objection. “Have you ever met that woman?" “No.” States Supreme | es- ', to the Grand | trying to prevent | | “Have you had an agent dealing with “No.” “Has any one who met her come to | vou with a statement from her?” “I decline to say.” “Did you see Walter K. Slack in San iFrunfls(‘(v in June, 19037 | “I decline to answer.” So it went for some time, the com- ‘m. sioner refusing to compel the Gov- | ernment agent to disclosg evidence in source from | which it was derived. At last Wheeler jand Knight gave it up and permitted Burns to go. Then they called a num- ber of respected citizens to testify as to their client’s good character. These were William B. Bradford, Charles W, | Kellogg, L. S. Pease, Judge James M. | Seawell, E. G. Scott of the Cham- |ber of Commerce, ex-Judge Charles |W. Slack, G. H. Thompson, Henry Eickhoff and John H. Miller, all of whom declared in the regulation phrase :lhal they had known Dimond for { many years and were acquainted with | his reputation for truth, honesty and integrity, and that that reputation was good. The rest of the day was given to the testimony of Harry E. Steece, a former agent of the Interior Department, and of Charles R. Gagen, the official ste- nographer, who, with Clement Ben- nett, is turning out massive volumes | containing the testimony taken in the | case. Steece and Gagen are almost the only witnesses the Government has called during the hearing. The formcr related the story of his interview with Dimond in February, 1903, when :he latter had written Judge Pugh asking for a conference. He admitted that he had failed to get any information from the defendant regarding land cases, Dimond confining himself to an exhortation to the witness to inquire among Hyde's associates as to his high standing in the community. DIMOND'S ERRORS PROVED. Gagen's testimony was more impor- tant. He corrected the record as to | the errors Dimond had made when on the stand in regard to the names of Susan Dickinson, Colonel Zabriskie and Steece. Dimond had said “Anne Dick- inson,” “Brohaski” and “Stace,” just the same blunders made in the anony- mous. ietters now in evidence. This is one of the strong points in the Gov- ernment claim that Dimond wrote these letters. Gagen said that, not understanding the importance of a lit- eral transcription of the witness’ mis- takes he had followed the rule ob- taining among court reporters every- where to correct such errors in the record. The defense made no objec- tion to the testimony, McEnerney im- proving the opportunity to perpetrate one of his innumerable witticisms. “The only persons who never make mistakes are the lawyers and the newspaper reporters,” said the big at- torney. The examination was ndjourned over till to-morrow morning, as the com- missioner. has another case on hand to- day. The attorneys for the defenso told his Honor that they would prob- ably conclude their case by the end of the week. The commissioner could not restraih a sigh of relief at the pros- pect of release from the long hearing. —_——— No Substitute, Not even the best raw cream, equals Pio- DIMOND DID NOT WRITE LETTERS| OBEY THE LAW | the revenue received from the State, | 1 | | age. | The | guardians to.give their signatures nul- | lifies the census so far as their children 1 | | stated that he had no authority to | grant the desired permission, and that | the law must be obeyed to the letter. | plained to Kirk that the law had re- | duced the daily taking of names from | about 6500 last year to less than 4000 ’ cording to law, must be taken between | | April 15 and April 30, | for the completion of the census, Kirk | their signatures on request of the cen- | the evening many of the residents of | oughly enjoyed: MUST STRICTLY State Superintendent Says Parents’ Signatures Are e et {Board of Education Fears! Revenue Based on Number of Pupils Will Diminish ' The Board of Education fears that based on the number of children of| chool age, as found by the census marshals, will be materially decreased | as the result of a communication re- | cetved ygsterday from State Superin- tendent of Schools Kirk. | The board had requested Kirk for | permission to ignore the law compell- | ing the securing of the signatures of parents or guardians when they ;eul- fled as to the number of children un- der their control. Kirk in his reply The Board of Education had ex- this year. As the school census, ac-| it follows that| the total will fall far short of the number taken last year, when it was in excess of 90,000. Relative to the extension of time asked for by the Board of Education states that his office does not require the returns until July 1. The board, however, deems this small comfort in the premises, as the law on the point is explicit that the census must be completed by April 30. The importance of the matter to the schools is apparent when it is known that the State pays $9 to the local school fund for each child of schooi Last year the sum realized was more than $3810,000 on a census of 90,000. refusal of some parents and are concerned, and the delay in secur- ing signatures will mean the loss of at least 10,000 names and a consequent reduction in the revenue of $90,000. There remain but four days more to take the census, and the board makes a last appeal to parents to furnish sus marshals. . ——— Benefit for St. Brendan’s. The exchequer of St. Brendan's booth was considerably increased as the result of the musicale given last | night at the home of Mrs. Catherine Dugan, 526 Harrison street. Early in the parish assembled and by 8 o’clock the house was filled to overflowing. Full dress suits and handsome gowns lent a pleasant charm to the event. The following programme was thor- W. J. Hynes, humorous selections: Harry Wood Brown, barytone solo, selected: Robert Mitchell, monologue; Miss Grace Muller, violin solo; Frank W. Thompson, bass solo; selected: Mr. O'Connor, reel and jig Irish dancer; Miss McHugh, soprano; Miss Camille Blye, recita- tion; Garden City Quartet; Mr. McBride, bass =o0lo; danci = ADVERTISEMENTS. Skin Diseases of the most stubborn and chronic kind lflervfly nflevd and eventually Hydrozone This powerful germicide is ab- solutely harmless. It has cured cases pronounced incurable and will cure you. By Kkilling the germs that cause skin diseases, it allows Nature to restore a health skin. Used and endorsed by lead- ing physicians everywhere for the last 12 years. Bookleton request. Sold by leading druggists or trial bottle sent prepaid on receipt of 25 cents. Quf ettt 61 O Prince St., New York. HOTELS AND RESORTS. (New)HOTEL BUTLER SEATTLE. REMODELED ANL KREBUILT at expenss of | §260,000-New Manugemeni—ENTIRELY FIREPROOF. 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To-Day Is the Last. th Wednesday of ti:e Month. DON’T MISS IT! There Will Be Something Doing. ALWAYS ‘ ; 1238- 1250MARKET ST..5 RELIABLE SAN FRANCISCO'S ——LAST FIVE NIGHTS— MATINEE SATURDAY. Fred Niblo Politely Proffers Mr. T Four Cohans AND A COMPANY OF 72 PEOPLE In Geo. M. Cohan's Immense Musical Comedy, “RUNNING FUR UFFICE” NEXT MONDAY—FIRST TIME HERE. Klaw and Erlanger Present GUS and MAX ROGERS In John J, McNally’s Latest, “THE ROGERS BROS. IN LONDON.” NOTE-—-SEATS NOW READY. GRAN OPERA | HOUSE ONLY FIVE NIGHTS MORE Kolb and Dill, Barney Bernard, Winfleld Blak, | Maud Amber, Hope & Emerson, Charlotte Vidot. LAST NIGHT FIDDLE-DEE-DEE | BEGINNING TO-MORROW NIGHT | 'WHIRL-1-GIG, ~—AND— BIG=-LITTLE-PRINCESS SUNDAY MATINEE AND NIGHT POSITIVELY LAST PERFORMANCES Boginning Next Monday Night Melbourne McDowell IN SARDOU’'S LA TOSCA POPULAR PRICES—15e, 25c. 50c, 75¢. SEATS READY THURSDAY. CALIFORNIA THIS WEEBK ONLY. GREATEST HIT OF THE SEASON, Brightest of All Musical Comedies, A GIRL | FROM DIXIE § By B. Smith, ~Author “‘Robin Hood.' Original New York Company of SIXTY PEOPLE. Music by Twelve of America's Most ed Composers. Harry of Belasco & Mayer, Proprlelou D._Price, ALCAZAR “Fiz” TO-NIGHT—ALL THE WEEK. Souvenir Matinees Saturday and Sunday. Evg., 25c to 15c; Mats. Sat. & Sun., 25¢ to 30e. The London snd New York Comedy Success. THE NEW . oo CLOWN Stock Company. ““The funniest thing in many a week.” aminer. Ay FRIDAY, APRIL 20, SPECIAL MATINEE. MARGARET WYCHERLY In Wm, Yeats” "LAND OF HEARTS DE- —Ex- SIRE” and “THE HOUR GLASS. Seats now selling. Monday, May 2—Arthur W. Pinero's THE PROFLIGATE. GENTRAL*%: | Market Street, Near Eighth..Phone South _5& TO-NIGHT—ALL THIS WEEK. MATINEES SATURDAY AND SUNDAY. The Matchless Drama of a Fireman's Lite, THE STILL ALARM Joseph Arthur's Most Famous Play. Fully Equipped Engine House Interior! Real Fire Engine and Trained Horses! Specialties by Quartet of Firemen! PRICES Eveninse.. 10¢ to 50c | ana’ IDEAL VAUDEVILLE! Lew Sully; La Petite Adelaids Sig. Abramoff; Wilfred Clarke and Com- pany; Ethel Levy (Mrs. George M. Co- han); Tony Wilson and Heloise; Mlle. Amoros, assisted by Mille. Charlotte; 4 Mortons and Orpheum Motion Pie- tures, showing & complete reproduc- tion of the OPERA OF ‘““FAUST.” Regular Matinees Every Wednesday, Thurs- day, sSaturdey end Sundey. Prices, 10e. e e OPERA HOUSE. ATURDAY. NIGHT. TIVOL ONLY MATINEE IGHT—EVE. WHEN JOHNNY COMES MARCHING HOME Military Spectacular Comie Opera. Musle Book by by Julian Stanislaus Edwards. Stange. 25c, Soe, T8e Popular Prices..... a Box and Mezzanine Seats,” $1. Next Production—"A RUNAWAY GIRL.™ THE CLOSING WEE A MmuUsICAL JOLLY SHOW! CHOW-CHOW So Much Batter Than Any Other. With This Funny and Great Cast® RICHARD F. CARROLL, JOHN P. KENNEDY, BEN T. DILLON, ROY ALTON, CARL YOHO, HELEN R( L, LTE LYNCH Strenucus_and Handeome Chorus. 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ADMISSION, 25¢c; CHILDREN, 13e. MISCELLANEOUS AMUSEMENTS BASEBALL AT RECREATION PAI‘, Eighth and Harrison SAN FR:NCISCO ¥s. LOS IHEI.B. AY, THURSDAY and WIDH—D A FRIDAY, a =, I Ladies' Days—Thursday ance Sale of Seats at § i