The San Francisco Call. Newspaper, July 26, 1904, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY. CHINESE LIKE ANGLO-SAXON Dr. J. Simester Sees in the Spirit of the Two Peoples | a Most Marked Similarity| ORIENTAL IS HONEST Rev. F. A. Bissell Comes Out‘[ Fearlessly in a Defense| of the Higher Criticism AND E Dr. James Simester sees a resem- | blance between the Chinese and the Anglo-Saxon, if not in complexion cer- tainly endurance, indomitable pluck de ion. Dr mester comes from the Anglo- Chir School in Foochow, China, r years he has been engaged ir cational work. His estimation the inese is extremely flattering and was given to the members of the Methodist Ministers’ Association that et in Epworth Hall yesterday morn- ing. The doctor declared that there is in the Chinese as a people the making of solid m bod. They are fundamen- tally honest in all their dealings and they have characteristics that will make a success even under the condi- s inwwhich they live to-day. Dr. ter said that the Chinese has a makeup that no other people of the Anglo-Saxon possesses. This he accounted for by the fact that from birth John is enured to hard- ! ehips, thereby being enabled to with- stand climatic changes or whatever conditions he may be called upon to face. In all his characteristics, said Dr. Simester, the Chinese are Anglo- Saxon. As business men they are acute, sharp, progressive and are up ! to a bargain and whatever bargain they make they will stand by. Many people who speak against Chinese in- | tegr and their business methods, said the doctor, have never even seen Chinese beyond the deck of a steamer. | Speaking of social conditions in China, Dr. Simester said that Anglo- Saxon or Chinese women are so safe in any part of the land, with the excep- | t perhaps, of Shanghai, that they can go unchaperoned or without male attendance through any city after| dark, fearless of harm or insult. ( SKEPTICS IN THE CHURCH. “Skepticism in the Church” was the | | subject of an address delivered yes- terday by the Rev. F. A. Bissell before the ti ongregational Ministers’ Associa- at ngregational headquarters, Y. M. C. A. building. The Rev. Mr. Bissell said in part: I e Qifferent compartments of the human | | re are o ound opinions that have gether to test their con- | Though mutualiy LD FOR H/S FOLLY wirw wisdirs CAPTAIN PAYS IN FULL NDS RUINED LIFE Carl Ackerman, After Long Dissipation, in; Fit of Remorse Drinks Leaves Wronged Wife Laudanum--- Provided, For 3 MAN WHO, AFTER MAKING RESTITUTIO! PRIATED WHILE DRUNK, KILLED HI P IN MIGHT BE PROVIDED FOR, AND THE GRIEF-STRICKEN WIDOW. — N OF MONEY HE HAD MISAPPRO- M " IN ORDER THAT HIS WIFE JULY 26, 1904 EPPINGER JURY FAILS WOMAN SAVES BOY FROM LEAPING TO HIS DEATH Teortono Conas Cruz, Native of Manila, : ; Becomes Insane From Grief and Tries|Mrs. Cordelia Botkin Makes to Jump Out of Second Story Window | AGAIN PLEADS “NOT GUILTT” Plea of Innocence to a Second Charge of Murder ey — P o 10 AGRER Seven of the Twelve Men Im- paneled Believe the Aged Grain King to Be Inmno-| cent of Intent to Defraud TEDRTOND "~ CONAS CRUZ LAWLOR REB . ATTORNEY DUNNE On First Ballot Jurors Are Evenly Divided, but One of the Talesmen Changes Vote to- Favor Defendant | —_— The jury in the case of Jacob Ep- | | pinger, charged with obtaining money | | by false pretenses, was discharged by ! | Judge Lawlor last night, as it seemed | impossible for the jurors to agree |upon a verdict. Throughout the last | | day and a half of its deliberations the | | jury stood seven for acquittal and five | | for conviction. On the earlier votes | it stood six to six. During the day | & stinging rebuke was administered to | Attorney Peter F. Dunne of counsel | ‘: for the defense by Judge Lawlor. The | case has already cost the State thou- | sands of dollars and a retrial will swell . | the amount. i The jurors voted as follows: For ' conviction—Goldwin McAvoy, John E. | | Sills, John T. Blake, Julian R. Fair- | | weather and Henry Muus; for ac- | quittal—Willlam Pilger, John Mann- | |ing, John F. Plumbe, John G. Hass- | | hagen, Peter Shannon, James Gibney | ;and Bernard Gallagher. Pilger at first | | voted for conmviction, but afterward | changed and voted to acquit. From the time the Jacob Eppinger jury | went out at 5o'clock Friday afternoon not a word was heard from it until { Judge Lawlor summoned the talesmen |into the jury box yesterday morning. | Clerk Martin asked if they had agreed upon a verdict and Foreman McAvoy said they had not. In response to a question from Judge Lawlor as to whether the jury was divided on amat- | ter of law or fact McAvoy replied that | there was some doubt in the minds of | the jurors as to the considerations of | warehouse matters and there was also | question regarding certain evidence | | i APS, FLORENCE '|HER TONE IS EMPHATIC Insists Upon an Immediate Trial, but Judge Continues the Case Till August 15 i 1l 1 ‘When Mrs. Cordelia Botkin was asked | to plead in Judge Dunne’s court yester- | day to the charge of murdering Mrs. j Ida Henrietta Deane on August 11, 1398, | by sending 2 box of poisoned candy to | her sister, Mrs. Elizabeth Dunning, at | Dover, Del., she stood up and in a loud and emphatic tone of voice said, “I am | not guilty.” | Prior to that incident her attorney, | Reece Clark, interposed a demurrer to | the information. He argued that in no | part of the civilized world has it been | held that murder can be committed in | parts. It was alleged that the defend- |ant had prepared a box of poisoned | candy in this county and had sent it to |Dover, Del, but that act of prepara- tien did not give this county jurisdic- | tion over the defendant. He also ar- | gued that the complaint was defective | because it did not designate the char- | acter of the poison, nor was there any- | thing to show how Mrs. Deane got the | poison. He concluded by moving for | the discharge of the defendant on the ground that the information was not | filed within thirty days after the de- | fendant was held to answer, that the court reporter’s notes had not yet been transcribed and that the complaint had | been-sworn to on information and be- | liet. } District Attorney Byington briefly re- plied that he had beep endeavoring for two years to procure the transcriptions | in cases prior to the filing of the infor- | mation, but without success. | The Judge said if the court reporters could not perform the duties of their office they should resign. They wers e g out for more salary, and yet | they were always behind in their work. | Clark said he had a suggestion to of- fer which came from the defendant. | She desired the case transferred to ‘Judze Cook’s court, as he had already | tried her twice and she thought the case would be carried through more ex- peditiously in that court. | The Judge said the trial would be carried on just as expeditiously in his | court and he could not adopt the sug- gestion. JONES and what the jurors might consider ! should be considered in advance of all other evidence. JURORS IN DOUBT. Juror Shannon then arose and asked whether or not all the instructions of | she_held a youth suspended from, an | open second-story window at 952 Pine | !s\rcet vesterday morning led some peo- | | ple to telephone to the Central police | | station that a burglar was in the grasp | £ we should know more | lete scientific that that his- development of Not at all ut God's 0on as the name “‘evo- history there is an - e church, as if God eve t skepticism — the doubiing of O In nature BRING OUT ALL FACTS. 8o, too, God is present in the human mind ° and in the history and pro- 3 a study of the the facts of tha The presence of God 3 not_thereby be any perceived e in it er criticism is one 18 of the Presbyterian ation at Presbyterian © street, yesterday, | J. Fisher spoke on the Cumberland and the hern Presbyterian suggested at the recent reral Assembly. | ng the absence of the Rev. Wil- Rader in London, Dr. Kantner of em, Ore., will supply the pulpit at the two weeks’ debauch, Captain Carl Ack- erman of the steam schooner Prentiss ended his life yesterday at the Golden West Hotel. Before he took this step he made restitution in full of the funds he had misappropriated, and assured himself that the faithful wife whom he had neglected was fully provided for. Ackerman’s history is the pathetic Story of a man, honest at heart, lured by the ephemeral pleasures of the half- world from the paths of duty. Led by designing companions, he flung about with reckless prodigality money which was not his, set the wine corks popping to please a pair of painted vampires and forgot his work and his wife. He has paid the price in full with the sav- ings of years and his life. About'two weeks ago Captain Acker- man arrived here from Los Angeles on the steamer Prentiss. With him were a man named Alex Wise and two wom- en. The owners of the vessel” repri- manded the master for bringinz pas- sengers without consulting the firm. Ackerman was piqued by the rebuke | the Third Congregational Church, be- ! and disappeared with $600 with whichi gin g July 31 , In the case of Mrs. E. J. Nelson of 526 Natoma brought before the Congregational min- iste last week, as reported in The Call, the Congregational clergy have given the matter the fullest attention. ; Mrs. Nelson has been supplied with a nurse and a subscription among the clergy may be taken up with the ob- he was to pay his men. Recklessly he lost himself among ‘the flotsam of the son and magnified his troubles. Lured by two graceless women, he threw his employers’ money to the harpies. When Ackerman became partially so- ber he realized what he had done and appealed to his wife, Mrs. Agres Ack- | erman of 84 South Park. She remained ject of sending her to the country for | faithful to him in spite of everything several weeks | 8he drew from the bank the little say- | ings they had stored away and paid | Gray Bros., her husband's empioyers, the entige amount misapproprited by | him, in addition to $122 detectives’ fees NG TOUR Members of Merchant Marine Body Visit Many Places of Interest in the North. , July 25.—The members of sional committee appointed | to investigate conditions of the mers | chant marine spent the day to-day | crulsing about Puget Sound, visiting various shipyards, ports and the navy- yard number of prominent Seattle citizens, wi aboard the steamer Mainlander at 10 o'clock in the morning and re- mained out until 7 p. m., inspecting the work at Moran Bros. and Eagle Harbor shipyards, the lumber shipping indus- try at Port Blakeley and Governmént work at the navy yard. To-morrow morning the business ses- sions of the committee open and two days will be devoted to the hearing of evidence on conditions of the American merchant marine. —_—— MISSION WOMEN IN™ SESSION AT SANTA CRUZ SANTA CRUZ, July 25.—The Chris- tian Women's Board of Missions is holding its anunal convention to-day at| Garfield Park. The members have been hearing from the missionary field. | Mrs. M. J. Hartley of Berkeley, the president, presided. The devotional ex- ercises were conducted by Mrs. Alice Murphy of Petaluma. Mrs. A. M. Yar- nall of San Jose, the secretary, gave ber report, as did the State organizer, Mrs. Julia K. Shrout of Woodland. The address of the president, Mrs. M. J. Hartley, was recelved with much en- thusiasm. The party, accompanied by a | they had spent in looking for him. Last Friday Ackerman consulted his lawyer, Charles Naylor, and arranged the mat- ter of restitution. Everything was paid in full. Then Ackerman went to the rooms of eet, whose distress was | tenderloin. A few drinks stole his rea- | | Stung by remorse and unstrung by a | the California Masters’ and Pilots’ As- sociation, shamed and repentant. It seemed to him that his brother marin- | ers were cold and distant. That was | the last straw. His faithful wife had forgiven him and promised to stand by him. But he felt that he was disgraced in the eyes of men. He returned to his home and atory to taking a course of civil en- counted the ?riw of his folly. The| —_— ay—-_—*.__—_ | gineering at the Sta}e University. He caresses of his wronged wife were has beenlllvl(r;lz “ll:ll M:& Florence coals of fire on his head and he felt Jones during the vacation term. that his disgrace could only be for- | NEVER BEFORE EQUALED. Since “the boy's arrival here his gotten in death. On Sunday morning he kissed his wife good-by and left the house. “If you nevfr see me again,” he said will know what has happened.” Ackerman rented a room at the Gold- | en West Hotel that evening. Yester- | day morning he was found cold in death., He had taken laudanum. | In the room was found a letter to his | union chiding its members for their | lack of charity and asking them to be more lenfent with erring brothers in | the future. His letter to his uttorney! gave his pathetic reasons for ending | his life. It was dated first on the sev- enteenth and later on the twenty- fourth, showing that he had been con- templating the tragic stép for a week. The letter reads in substance: I do this for these reasons: - To enable my beloved wife to secure my life insurance, as Because 1 am afrald that .employment on any ghip will be out of question for the pres- ent. Mrs. Ackerman is troken-hearted over the death of the husband whom she loved despite his failings. “He was led astray,” she sobbed. “He was a had not been induced to drink.”'But Le has paid the price in full.” Mrs. Ackerman is very bitter @ainst the man and the two women who were with_her husband on his last debauch. She blames them for everything.. i ROBBER SHOOTS WHEN | CAUGHT AT HIS WORK ‘Tnmn Lawyer Meets a Burglar as He Enters His House and Has Narrow Escape. TUCSON, Ariz, July 2.—D. M. Penny, a Tucson lawyer of prominence, narrowly escaped death Sunday night |at the hands of an unknown robber, who was caught in the act of leaving {the place with his loot. As Penny, | whose family is* in California, was | about to enter his house, he met the | robber and the latter opened fire, knocking a law book out of his hand and pytting a bullet through his coat between arm and body. As the robber turned and fled Penny reached for his {own gun and sent three bullets after | the fleeing burglar, but none took ef- | fect. ————— Alabama Miners on Strike. BIRMINGHAM, Ala., July 25.— The district convention of the United Mine Workers to-day ordered a strike, which affected 6000 men. Differences over wages, hours of work and dif- ferentials are the cause of the strike. —_—————— Drummers for “Old Glit Edge Whiskey'* al- ways have ‘‘the best the town affords.” They earry it with nl-. in fact, .. ' SEASON g IN OREGON IS UNFAVORABLE FOR HOPS | Crop May Amount to 90,000 Bales, ‘Which Is Less Than That of Last Year. PORTLAND, July 25.—Indications | are that the Oregon hop crop will! amount to .about 90,000 bales, or in the | neighborhood of 15,000 bales less than | last year. The season has been un- | favorable, the long dry spell which oc- | curred last month very nearly uuslng“ a failure. The quality of the hops is ' exceptionally good, however, and there | has been such an absence of lice owing | to the warm weather that many grow- | ers have, found little or no necessity | for spraying. Good prices seem to be assured, ,lev-! eral growers; reporting offers by the' brokers to contract at 20 cents. —_———— Famous Lecturer Is Dead. BLOOMINGTON, Ill., July 25.—Col- onel L. F. Copeland of Harrisburg, Pa., famous as a Chautauqua and Lyceum lecturer, died suddenlysto-day, aged 63 years. He was prostrated with nervous congestion after lecturing at Bloom- ington Chautauqua on Saturday. ————— Two strong points: Good 3 m‘ mervice. Edward Knowles Co., 24 Second st. *- she is almost penniless » save narl fr}\‘vm hm]e d:;zmcll hof living { in a warehouse shall be moved without man who has behaved as Ave. | 2 v’ To show my friends that I thoroughly Tn- | the written consent of the owner. In derstand the enormity of the offenses that I | conclusion the court said it was the lately committed. good man/and an honorable one, if he | SSR DR, of a woman at that address. Policemen | Dougherty and Mahoney were driven to | the place in the patrol wagon and soon | had the suspended youth dragged back into the room. The boy was Teortono Conas Cruz | 115 years of age, a native of Manila. He | came here two years ago to attend An-| derson’s Academy at Irvington prepar- M DoublgValue Keep in mind MARKS BROS." DOUBLE parents and brothers and sisters have VALUE DAYS and that the Savings are charge. Clark said the information had been filed had so preyed upon his mind that he began to show signs of mental aberra- | and what not. The point, according to Z After further discussion Clark with- 4 LIPIN 0Y, WHO TRIED TO KILL HIMSE ¥ JUN y 20M 2 . e Shad 5 - | the foreman, was whether the fact that BOW WL TERCOR I RILY NEAT: ?}((‘)M“&El‘zg:}.",‘\s"‘xpn‘% BRAVE [ Gt Bia: matient Ak Sl the. 4 { Eppinger was or was not in the bank- | WOMAN WHO SAVED HIS LIFE. fendant and submitted the demurrer. }ins-house of the International Banking ** - | The Judge overruled the demurrer :n-! Corporatio y i | 3 formally denied the motion to dis- | rporation at a given time and date| , oo =) screaming for help while| died of an epidemic of fever. Their loss | on May 26 and the sixty days tion. He was closely watched, but|yithin which the trial should take placa while Mrs. Jones was absent from his | would expire to-day. He demanded au room for about a minute yesterday immediate trial. morning he attempted to jump out ofi District Attorney Byington suggested the window, which is on the second August 15 and hoped that the defense story. She was in time to seize one of | would be ready to proceed at that time, his wrists. She cried for help and held | him till the two policemen arrived. | They wanted to send him to the Cea- tral Emergency Hospital, but Mrs. Jones demurred and sent for her own physician. After examining the youth the doctor said the case was not an in- curable one and that the boy would be all right in a few weeks with proper | tare. Mrs. Jones says the boy is heir to a| rich estate in Manila, where his father | was a prominent physician. Cash Savings. We've cut Prices to-day of goods displayed on our Center Counters to abeolutely HALF, and you receive the benefit the moment you buy. All the broken lines the odds and ende—all the balance of the small lots—all remnant lots—all excess stocks of every kind to be disposed of. As fast as one lot of goods goes another from the stockrooms takes its place. COME TO-DAY AND PUT THESE VALUES TO THE TEST. One of our DOUBLE VALUE LEADERS for to-day is this GIRL'S WHITE APRON, as pictured; made of an excellent quality of lawn. beautifully BROIDERY. + both sides formed part of the instruc- tion to the jury and should be consid- ered. Judge Lawlor announced that he | would render a decision and advise the jury later in the day and the jurors | were returned to their room to resume | balloting. At 3 o'clock they were recalled and { Judge Lawlor announced that in ad- dition to previous instructions he would | read the act referring to warehouses | and warehouse receipts. This act pro- } vides among other things that no ware- {house man shall issue a receipt for | g@oods unless such goods have been | actually received and that no ware- | house shall issue a voucher unless the | goods are in the store.” The law also | provides that no portion of the goods trimmed in EM- i | duty of the jury to consider all the | testimony with the exception of that which had been ordered stricken from | the record. The question whether or | not Jacob Eppinger visited the Inter- national Bank on April 10 the court | ruled was a matter for the jury to con- sider and one on which he could not advise. DUNNE OBJECTS. The attorneys for the defense were evidently dissatisfied with these an- swers and Attorney Dunne was on his | feet the moment the Judge ceased ireadlng. “These questions,”. he said, /g0 to a pivotal point in the matter and should be more fully discussed.” The Judge said that any further dis- | | cussion at that time would be improp- er. He also refused to ge-read the or- | iginal instructions to the jury to which | Dunne took exception. Bernard Gallagher then arose from his seat in the jury box and informed the court that he was positive it would be impossible for the jury to agree on a verdict. Jurors Shannon and asshagen also arose and made simi- lar statements. Just as_the door closed upon the jurymen Attorney Dunne made the statement which brought forth the re- buke from Judge Lawlor. Dunne ac- cused the court of a breach of faith, inasmuch as a promise had been made to answer a question propounded by Juror Shannon and this promise, Dunne said, had not been kept. Distriet At- torney Byington, who has had many a spat with Dunne during the trial, sprang to his feet and characterized the remarks of the opposing counsel as misconduct, meriting the rebuke of the court. ATTORNEY REBUKED. Judge Lawlor, addressing Dunne, said: “The court will not tolerate such language in this tribunal from you or . We quote just a few prices, 6o that you can see how the reductions run: 18c for 35¢ Muslin Drawers. 21c for 45¢c Muslin Drawers.' 435c for 75¢ Muslin Drawers. 19c¢ for 35¢ Corset Covers. 39c for 75¢ Muslin Night Gowns. 69c for $1.00 Muslin Night Gowns, 42c for 75¢ Child’s School Dresses. 635c for $1.25 Child’s School Dresses. 39c for 75¢ Women's Waists, 58c for §1.00 Women's Waists, 85c for $1.50 Women’s Waists, Sc for 10¢ Embroidery. 10c for 20¢ Embroidery. 3c for 5¢ Lace. Sc for 10¢ Lace. 24c for $1.00 Purses and Bags. 49c for $1,50 Purses and Bags. $2.50 for $4.95 Dress Skirts. MARKS BROS. 1220-1222-1224 Market St. -5 any other attorney. The court has labored night and day to see that the rights of your client was protected and will not view with complaisance any | such remark as you have made.” This closed the incident for the time and the Judge resumed the trial of a grand larceny case while the jurors were balloting in an adjoining room. Shortly before 7 o’clock the jur: recalled and the formal guesti; “Have you arrived at a verdict?" pro- pounded. Foreman McAvoy answered in the megative and in reply to a ques- tion as to whether they had disagreed | on.a matter of law or fact responded | that it was neither—all the jurors knew what the law was, there was no ques- tion'as to evidence, but they had made up their minds and nothing could in- duce any man to change his vote. | District Attorney Byington for the | prosecution and Henry Ach for the de- fense expressed themselves as satisfied | E3 as he would bring sufficient witnesses from Delaware to establish the defend- ant’s guilt. The Judge continued the case to that date. On August 83 Judge Cook will render his decision on the defendant’'s motion for a new trial in the case in which she was convicted of the murder of Mrs. Dunning. —————— Architects to Compete. San Francisco Chapter of the Amer- |ican Instituté of Architects held =2 meeting in its rooms in the Phelan building yesterday afternoon for the purpose of discussing the terms of the programme of the proposed compe- tition for the new school buildings to be erected in Oakland. After a de- bate a committee of five, consisting of Henry A. Schulze, Lionel Deane, Wil- liam Moos Sylvian Schnaittacher and J. W. Dolliver was appointed. This committee was ordered to inv tigate and report back to a meeting of the chapter to be held Friday, July 29, at 10 a. m. e —— Dead Miner Identified. REDDING, July 25.—The unidentified Shasta County miner who was killed at Cripple Creek, Colo., Saturday morning | by being struck by a train proves to be James Eustis, well known in Red- ding, both as a miner and a stationary engineer. A peculiar deficiency as to his toes establishes his identity beyond a doubt. -+ that the jury be discharged. The twelve men who have been locked up since June 6 were then allowed to return to their homes and were excused from further duty in Judge Lawlor’s court. Just before leaving the jury box Hen- quired the issuance of a new bond. The defendant, with his attorneys, met at Judge Lawlor’s residence at 1084 Sutter street, where Charles S. Laumeister ry Muus arose and asked that a poll be taken, so that each man might place himself on record. District Altorney! Byington warmly seconded the sugges.- | tion, saying that every man who| wished to express his opinion and show his manhood should have an opportu- nity of doing so. Judge Lawlor ruled that as the jury. was already dis- | charged the matter was beyond his | jurisdiction, but the individuals might declare themselves as they chose before the public. NEW BONDS ISSUED. The failure to convict or acquit re- and J. C. Franks, his former sureties, again qualified for $10,000. No date has as yet been set for a rehearing of the case. The trial of Herman Eppinger is set for Saturday, but will probably be postponed. Some of the witnesses who came from points in Alameda and Contra Costa counties objected to the fees allowed them by the court. In addition to their $1 50 a day witness fees they wanted mileage at the rate of 10 cents a mile, but the vouchers offered them allowed this rate for only one trip, the regular railway rates only being allowed for the other days. NEW ADVERTISEMENTS. NEWBRO’ LIKE THE PAR Dandrutf is a contagious discase caused by & microbe. S HERPICIDE ly that ““kills the Dandruff Qerm."" ON APPLICATIONS AT PROMINENT BARBER SHOPS. comes while life still remaios In the follicles, the disease Rair is treed from and begins its natural gan come too late. If the | growth again. Don'tneglect dandruf or failing destroyed the hair follicles ir. Wondertal resulte follow the use of Herpi and left the scalp baid and shining all remedies are. It Is an exquisite hair dressing. Stops ke the It Herpicide | itching of the scalp instantly. NG!! GONE!l - ) & WL SAFE TT. WERPICIOE WALL SAVE IT. -T00 LATE FOR NERPICIOE. rag Stares, $1.00. Sead 10c., stamps, to NERPICIOE CO., Dept. W, Detroit, Mich., for & sample.