The San Francisco Call. Newspaper, August 16, 1904, Page 5

- |HYDE AND DIMOND INVOKE WILL SUBMIT : AID OF LACOMBE RULING Seek to Evade Trial at Federal Capital on Plea of Prior Adjudication in Benson Case—sGovern- ment Counsel Question the W'a.shington Decision s AMENDMENTS Supervisors Adopt Eight Proposed Changes in Pro- visions of City Charter FEAR HIGHER LICENSE Liquor Dealers Withdraw a Proposal to Give Right of { ‘Will the Federal Judges in San Francisco consent to accept as the law governing the Hyde-Dimond-Benson land frauds case the decision recently rendered by Judge E, Henry Lacombe of the United States Circuit Court in New York when he discharged John A. Benson from the indictment, hold- ing that it failed to set forth a crime Appeal From Police Board | against the United States? This is the The Board of Supervisors yesterday elopted elght charter amendments to be submitted to & vote of the people | &t &n election to be held in November. | asked United States Districtr Judge de The amendments are as follows: “Td.ulwumamhmmd the pey of £uards st the jails from $50 to §75 per month. Increasing the salaries of deputy registrars to $1500 & year Giving City Attormey the right to ap- polit two extra deputies and ape additional ste- nographer reet grades and the £ & Dew &istriot within which R 4 to conduct quarrying operations. petition of the California Upon Enights of the Royal Arch the pro- posed charter amendment providing the right of eppeal from the Police mmissioners to the Board of Super- ViSoTE in cases where liquor permits are fused by the first named body was Supervisor Hocks at the liquor dealers ex- ave to fight against high and did not care to h the work incident e adoption of the amend- h: ng their pay from $1200 vear, claiming they con- vertime. The amend- opted, with Comte and voting against it. ent providing for & spe- pay interest on m chers’ claims was de- question involved in the series of legal sald: “My client, Mr. Dimond, now of- fers to submit himself to this court, to await any action the Federal Grand Jury of this district may take regard- ing the charges against him.” Knight used up all the time allotted to the defense, and was stopped at last by Judge de Haven, who ordered an ad- Journment for recess. OUTLINES THE OFFENSE. Judge Pugh opened the argument at the afternoon session, his points largely battles that opened yesterday, when | constituting an analysis of the princi- counsel for nounced that the Government Lacombe's an- | ple set forth in Judge Lacombe's de- | decision | cislon that, as the Government suffered | would be vigorously contested on ap- | B0 financial loss as a resuit of the al- peal before the higher | courts and | 1eged criminal acts for which the de- fendants stand indicted, no fraud was Haven for an order removing Freder- | COmmitted against the Government. ick A. Hyde and Henry P. Dimond to “It i{s not necessary that the Gov- Washington for trial on.the indict- | érnment lose property or money in a ment found by the Grand Jury of the | ! District of Columbia accusing them, together with Benson and Joost H. Schneider, of conspiring to defraud the United States out of vast areas of | public lands. Judge de Haven gave the entire day to hearing arguments for and against the motion for removal and at their conclusion reserved his decision. This will probably not be announced for iding mew regulations for the changing | Several weeks, as his Honor will have performance of street | to consider not only the long briefs filed by the lawyers, but also the great mass of testimony taken before Com- | missioner Heacock in the preliminary quor Dealers’ Association and the| | proceedings before Circuit Judge Mor- | publication thereof or- | | battied BRILLIANT EVOLUTIONS. Interesting Sights. tors to Camp Atascadero Witness | the examination of Hyde and Dimond, which lasted from March 23 to May 14 and resulted in their being held for trial. Should he decide against the defendants they will begin further row to obtain the writ of habeas corpus. The hearing brought to most of the distinguished lawyers who together for mnearly two months before the Federal Commis- sioner. On the Government side were present Francis J. Heney, special counsel; Marshall B. oodworth, nited States District Attorney in this . and Judge A. B. Pugh, one of the discharge on a J | tection and service of the people. This the bar! attorneys of the Interior Department, | who has returned to San Francisce frem Washington to ald in opposing e great fight which the Hyde-Di- nd attorneys will make to save their nts from being tried at the Fed- ndant Hyde Attorneys ¥ and Bert Schles- For Dimond only Knight appeared in court. Wheeler, who led in Di- defense during the first part « preliminary examination be- fore He: became the turning point of Tnment case against his client, to be present. Both Hyde and d were in court, Hyde sitting Dimond lingering idly in the rear of the room. APPLIES FOR REMOVAL. trict Attorney Woodworth set the lling when he made the appli- for the order of removal. Then en let it be known that ior of doing Comamis- work over again. he s “I shall give and to-day to this hear- each side take half the time its portion mmong the at- you please. Proceed at as impelled, Schlesinger opene: defense. He read a fon of p adjudication.” This ra point that Judge Lacombe's dec case of Benson, one 3 ur ged co-comspirators, holding that indictment failed to show a cri t the United State: must d for 1 “plea agal deemed binding on the courts of L circuit until reversed by the Appellate s singer read several decision: pport of thi He concluded argu- ing attention to many of i he hearing befo at to take H away from 1 would be a hardshiy emplated by theg tute and io n of ir rights. then argued for more than = devoting himself mainly tc rt of the District of to pointing out defects in t itself. In opposition to demand that the de- ransaction that is fraudulent on its face to establish such fraud,” he said. “It is sufficient that such frauds tend in themselves to obstruct a just and equitable administration of the laws. The obstruction of the laws in any way or the commission of any act that tends to divert their proper administration, it such acts are committed for that purpose and for the advantage or gain of the person committing such acts, the fraud is as complete against the Government as if it suffered actual financial loss. “The Government exists for the pro. being its chief aim, any action tend- ing to impair its functions in any way certainly operates as a fraud against it, a greater fraud than one involving only financial loss to the Govern- ment. CONSIDERS THE FUTURE. Departing from this line of argu- ment, Judge Pugh turned to the ques- tion as to whether the contention of the defense that the Government suf- fered no less is tenable. In the opin- jon of Judge Pugh the Government, if it has not as yet suffered actual loss through the alleged acts of the de- fendants, is liable to suffer such loss in the future, for, he said, a title to land held in the name of a fictitious person is not a title and if in the fu- ture any action is brought against the Government to recover the lands it ac- cepted from the defendants in lieu of other lands taken by them it is hardly possible that it could sustain a con- tention that as an innocent purchaser | it is entitled to protection in its hold- i accock, but was absent from | it after the now celebrated anonymous It would be more probable that “caveat emptor” would prevail ag: t it and the fictitious ti- tle would ail it not. Garret McEnerney of Hyde's el, who, by courtesy of cow e Government, f minutes of their time, contended tiat so far as the Government was con- cerned it had no established policy in relation to the parceling out of public lands and wae not affected by the al- leged acts of the defendants. In view of this fact even the contention of the counsel for the Governme that a fraud against the administration of had been committed must ing. the rule of for d by the defendants lected lieu lands were not which the Government could even sustain a position of bona fide innocent purchaser, McEnerney said that if such were not in fact ti- tles then by no conceivable way could titles { the defendants be guilty of the fraud with the commission of which they | stand charged. which the indictment was at Washington, he |press of bus DECISION IS QUESTIONED. closed the case for the following the same rea- s associate, Judge Pugh. is closing words, however, that lent spice to his argument. He said: “Notwithstanding conscientious search, I have fall to find authority to support the position taken here by el for the defense that a decision )eas corpus proceed- whieh neither of the nts here at bar was a party construed as supporting a plea g If I understand I will say that even s been acquitted on of the offense charged against would not stand as a bar e trial of these defendants. judgment in the Benson case not final. The Government has taken an appeal from that decision with full confidence that it will be reversed. And I further believe that ess and unfamiliarity had trial E Bt S i AUTO-VALETS | are by far the neatest, most complete and most commeodious wardrobes built. They offer the only correct means of accomodating a man’s clothes. showing many styles in [lahogany and Quarter-sawed O0ak, structed and beautifully finished through- | This is one of our exclusive fall im- ‘ Catalogue mailed on request W.@J.SLOANE & CO. FURNITURE-CARPETS - RUGS - DRAPERIES- out. portations. ADVERTISEMENTS. ingeniously con- | y | We are | 114~-12.82 POST S1..S.F. oun- | was allowed a few ! POOLSELLING LAW A NULLITY| TAX PENALTIES Wittman Wants It Amended So Proof That Races Are Run Will Not Be Required FRANCHISE IS GRANTED ——— |Southern Pacific Secures Spur Track Privileges for Its Bay-Shore Cut-Off Line — Chiet of Police Wittman has sent a communication to the Board of Super- visors calling attention to the fact that | although numercus arrests have been Emade for the violation of the ordinance | prohibiting the selling of pools or mak- !ing bets on horse races, the Police Judges hold that it is necessary to | prove that the horse upon which the bet is made ran and that the race | whereon the pool was sold took place. Wittman says many persons are selling pools ‘on Eastern races, and he recom- | mends the ordinance be so amended that the quired to prove that the race took place. Thjs could be done by prohibit- ing betting on races understood to be un or purporting to be run between horses. The Police Commissioners also peti- tioned the board to re-enact section 34 of an old ordinance prohibiting the shaking of dice for money in public C places. The Commissioners say there is great necessity for such an ordinance because a large majority of the bunko | men in this city adopt the method of shaking dice to fle; petition was referred to the Judiciary Committee. Chief of Police Wittman petitioned that a number enacted, as th Wittman says he sential to the peace the community that they be put in force. The petition was referred to the Judiciary Committee. The ordinance providing for a grant to the Southern Pacific Company of a franchise to construct twenty-seven spur tracks in connection with its bay shore road was finally pas A petiti and welfare ed. that the diStrict bounded | by Cortland avenue, San Bruno ave- nue, Thornton avenue, Vesta street, Twenty avenue south, Railroad avenue, sixth avenue south, Mansell street, Hamilton street, Cres- cent avenue and Andover street be in- cluded in the limits in which it is pro- hibited to have more than twvo cows was referred to the Street Comimitiee. | The Board of Works was requested | to have sixty new gas lamps installed | at various designated points on How- | ard, Seventcenth, Beale, Main, Spear, Stuart, Fi O'Farrell, Sac- ay, Green, Twelfth, € Polk, Grove and h streets and Lily avenue. 2 ounced that the city offi- cials of San Francisco and contiguous counties w hold a meeting next Fri- day afternoon at 3 o'clock to conmsider the question of the acquisition of a Jjoint source of water supply. The board adjourned to meet on Monday, September 19. Under the charter, scssions must be held every so it was agreed that one or mbers of the board meet each Monday and adjourn the meeting to the successive Mondays until the date named, when the board will again meet to transact business. The office of the board will remain open to re- ceive petitions and for other business. The Board of Works was directed to examine into the condition of the Channel street sewer property, owners having complained that it is choked up and a menace to health. The petition of Dr. C. F. Buckley that “Market street be lined with a small string of small Turkish bazaars and that Van Ness avenue, for four blocks, be turned into old-time mining | dumps to remind visitors of our palmy | was referred to the Street Com- + with ment, coupled with the fact that the Assistant United States District At- torney that presented the case to him was not, familiar with either the law or the facts involved, resylted Judge Lacombe’s decision. His deci sion contains no reasons showing how | it was reached and in it not one au- thority is cited to support the prin- ciple it establishes. believe it should be given great weight in the consideration of this case.” When Mr. Heney concluded his argument Judge de Haven ordered that counsel file such briefs as they desire within five days, at the expira- ticn of which time he will take the case under advisement. —_— Notable Sleuth Is Here. ‘Wililam J. Burns, the United States secret service agent, through whose er- forts evidence was obtained that led | to the indictment of Hyde, Benson and Dimond for alleged land frauds against the Government, is in this city in attendance upon the argument in the case before United States District Judge de Haven X X PERSONAL. Dr. D. W. Brown ¢f Stockton is at the Grand. H. B. Maxson of Reno, Nev,, is at the Palace. Dr. Oscar J. Kendall of Riverside is at the Palace. Dr. G. W. Dwinnelle of Montague is at the Palace. Captain W. H. Everett, U. 8. N, is at the St. Francis. Dr. J. V. Lazalier of Escondido is staying at the Grand. Oscar Robinson, a business man of Colusa, is at the Grand. W. Lowenthal, a manufacturer of cutlery of New York, is at the Palace. Former State Senator A. F. Jones and wife of Oroville are registered at the Palace. Edward Cawston, manager of an os- trich farm near Pasadena, is at the St. Francis. ‘h B. Rice, agent at Los Angeles torn “u’e Oceanic Steamship Company, is spending a few days in the city. Hiram C. Smith, the well known | lumberman, has returned from a trip to Scotia and is registered at the Pal- | ace. Rev. Dr. Wud dbh‘i‘. :{a:lan, the poin ral of tl Bush- Dorett teneole, ana’ his tamily have 1o turned from a visit to Pacific Grove. T. H. Kock, a prominent resident of Louisiana and a relative of Julius K.run-:hnl;: lflm ;f mnintu;me‘ d ns arriman lines, :‘: 2‘: at the St. Francis. ‘W. Leadbetter, a prominent tim- and owner of the Camas pa- mills, and George T. Myers, a di- of the Lewis and Clark are down from Portland staying at the Palace. SCO CALL, TUESDAY, AUGUST 16, 1904 prosecution will not be re-| ject matters are not | nal Code nor by the; the land laws of the Govern-| in| Hence I do not! BOARD REMITS Supervisors Order Compro- mise in Suit of the City Against San Mateo Road | ASKS FOR SPUR TBACK! Santa Fe Company Wonldi Connect Its System With/ That of United Railroads e | | The Board of Supervisors ye-urdn!! adopted a resolution directing the City | Attorney to dismiss the action of the | city against the San Mateo Electric ! Rallway Company for delinquent taxes upon payment to the Tax Collector of $2589 99 as a compromise, the tax pen-| alties for delinquency having been re-! mitted. The petition of the San Francisco Athletic Club to give a professional boxing contest in September was re- | ferred to the Police Committee. Recorder Godchaux appealed to the board to take steps to pay the salaries of five extra deputies In his office, for | whom $6000 was appropriated but | whose demands were held up because the Mayor has not approved their em- ployment. The petition was referred to the Finance Committee. M. H. de Young filed a petition that the present building ordinance be amended so as to increase the height limit of class A or fire-proof buildings from 201 to 220 feet. De Young states that he is desirous of erecting an ex- tension to his building at the corner of Kearny and Market streets, and he finds it-gdifficult to erect the building within the present height limit. City Attorney Long sent a communi- ! cation to the board to the effect that the abstract of title to South Park fur- nished to him is incomplete, in that it does not contain abstracts of deed of | George Gordon to Timothy Ellsworth conveying an undivided one-twenty- sixth interest in South Park. and also another deed conveying a one-twénty- sixth interest. Long thinks there may | be others and asks for a complete ab- stract of title. Three claimants to four- twenty-sixths interest in South Park | have already petitioned for their share of the $20,000 appropriated by the city | to purchase the park. The petition of the Atchison, Topeka and Santa Fe Railway Company to | construet a spur track for the purpose | of conmecting its yard system of tracks in China Basin with the tracks of the United Raliroads at Fourth and Ken- tucky streets was referred to the Street Committee. The spur track is to be used to facili:ate the interchange of| business with the United Railroads.| The petition states that because of the locality where it is desired to comstruct | the spur track the public will not be inconvenienced thereby. i Grades were ordered established on Quince alley and Filbert and Manches- | | ter streets. i The Mayor was authorized to leass the old harbor police station at Meiggs wharf to H. H. North, United States | Immigration Commissioner, for i | year, with priviiege of renewal, at $10| monthly rental, the lessee to make necessary repairs. i —————— DANIEL KORSGREN SEEKS | DEATH AT OCEAN BEACH Suicide Had Repeatedly Threatened | to End His Life—Body Falls From Hizh Cliff. i Daniel Korsgren, a Swede, was | found dead yesterday at the base of |a high cliff, between the tunnel on | the steam car line to the CIliff House | and Bakers Beach. The body was dis- covered by Nathaniel M. Sondheim of 1518 O'Farrell street, who was gather- ing mussels. The corpse was terribly bruised and torn, being covered with a number of contusions and lacerations. The deaa {man had repeatedly threatened sui-| | cide. | Korsgren left his room at 712 Ma- son street Monday morning, August 7. at 8 o'clock. Before his departure he paid Mrs. John A. Daniels, his landlord, what he owed her for room rent and gave a small nickel wateh | which he carried to her little boy. Daniels says that Korsgren often | talked of Kkilling himself, as he said | that he was no good to any one and ne one liked him. He says that the | deceased was a heavy drinker and had | no money to amount to anything when { he left Monday. Korsgren was a silversmith em. plcyed by Shreve & Sons. He was a member of the Swedish Society. The man had evidently been dead for five or six days, decomposition having al- ready set in. So steep was the cliff where the corpse was found that thé Coroner's deputy had to obtain the assistance of the crew of the Golden Gate Life-’ saving Station to recover the body. | —_————— Doctor Itemizes Bill. ! A bill of particulars for the $3000 demanded from Capitalist George! Whittell by Dr. S. G. Boyd was filed i the Superior Court yesterday by Dr. Victor G. Vecki. The physiclan has sied for services rendered in an ope- ration and attendance upon Miss An- nie O. Dea.’ The young lady was the guest of Whittell's son in an auto ride in April near Haywards and was thrown from the vehicle in a2 manner which resulted in the fracture of the pelvic bone. The doctor's itemized bill includes $2000 for the operation, $65 for consultation with the Fabiola Hcepital physicians and $24 for super- viging the making of an X-ray photo of the injury. The frequent visits of himself and Dr. Stapler were charged for at the rate of $5 each. ADVERTISEMENTS. IT IS THE BEST. When you take Hostetter's| | Stomach Bitters for any derange-| ment of the Stomach, Liver or ' iKidneys you take the very best! remedy that science has been able | ! to produce. For over 50 years it | has been the leader in curing’ | sickly men and w;men (fi Hean-; ' burn, Bloating, Poor ppe:: 3 | gomtion, Tifi%pfia. ] and Malaria, Fever and A‘ue.! ‘We hope you'll try a bottle at' once. | \ HOSTETTER’S =i%|STOMACH BITTERS ' about the wonderful % sk your drmgzint for e, MARVEL, N illustrated book: Tegives | tull particulars and dizections ADVERTISEMENTS. § 818-820 Market St. DOUBLE DAY ¢ TO-MORROW 3 Coat’s Sewing Cotton Be s Coat's Darning Cotton, 3 for Ge Corticelli Silk, 10g¢: 3 for. Se Floss, all shades, T¢: 2 for Z0¢ for ‘milliner's Geneva_Thread, @ _use 10e: 3 for....... Se @ Corset Laces, 3 for.... Se Shoe Laces, 4 pairs for Se Ladies’ Wash Belts, each Te @ Ladies’ Top Collars, “each Se Ladies’ Lawn Sets. 3 plec Se Fancy Tinsel Braid. per yard. 10 yards Baby Ribbon rs get the best selection. this opportunity. We" many things we have no room to keep nor space to advertise. MUSIC RACXKS. Golden oak, 39 in. high, 2 pockets and shelves; was Golden oak. 39 in. 3 shelves; was $4 .- K2, Golden oak. very elaborate, 4 shelves, elegant finish, was $7.00, now MUSIC CABINETS. shelves. was $12.50, now....88.50 LADIES’ DESKS. Quartered golden oak. 42 in. high, with drawers and bookshelf. was AT R e R £5.00 Others more elaborate. eut from $10.00 to K7.00. from $12.00 to £R.50. 31250 t0 ..........89.00 Quartered oak Combination Desk and Book Case. glass front, § adjustable shelves, was $20.00, now..8$14.00 NEW COPYRIGHTS, 81.0S. Any of the new Copyright Fiction 1 at $1.50, our price.81.08 ng. by W i by Atherton. Tattlings of a Retired Politician. The Admirable Tinker, Jepson. Olive Latham, by Voynich. Will#finckCo Knives, Razors and Shears Ground and Repaired. Picture Frames of All Descriptions Made to Order. San Franeisco. FREE & Ljeniis e our Stationery Department to amount of 20c or more. NOTIONS. Silk Chiffon Foundations. each.... Hose 8u rters, Side Elastics Handkerchiefs. worth 10c. Snap Hooks and Eyes - Waist and Skirt Supporters. . Dress Shields, Rubber, double covered Buttonhole Twist. best Carpet Binding, 12 ya Carpet Thread, skein German Yarn, all shades.. Corset Steels, 4 and § hooks. §. H. and M. Veivet Binding. Milline Need| Hands are fully protected from kinds of housework by Rubber Gloves. They fit well and are easy on the hapds. Sold every- where for §5c. Our very spacial price 689 For_lace curtains or light draperies 52 in. extension; good value for Special, each . An article sells steadily for twenty years, with an increasing trade, it speaks well for the goods, don't it? Well. such is the case with our Finc! Magic Furniture Polish, es- pecially good for planos. Per bottle Golden oak. 22x24, silkoline pan: was $1.25, now ........ Golden oak. 3815 x€3%, imt. els. fancy frame, was $1. fine high-grade -25¢ Golden oak. 33x75. art squares, assort- ed subjects. was $1.75, now. ... D3¢ White enamel, 30x38, silkoline panel, fancy frame, was $2.65, now.. oak. 31x33, art tapestries. as- ed subje: was $5.00. now R|2.95 Golden oak. fancy frame, 39x47. 3 fold- ing silkoline panels, was $3 %. new | DRAUGHT SCREENS. Mahogany finish, 5Sx64. 3 foldin e panels; was $4.00. Now. ‘White enamel. 60x82, 3 fflldin: silk- oline pane! was $4.50. now.. ° 5 fancy gilt frames, 60x 1 imt. silk panels; was ° wg B 2 OCEAN TRAVEL. = THE WRECK TER You can view the damage, but what's < of wrecking our laundry is with inated? precludes saw edges, or ex- tension buttonholés, and phone South 420 will bring it to your door. UNITED STATES LAUNDRY, © 1004 MARKET STREET. Telephone Scutk 420. BAGS-BAGS-BAGS By order of the State Board of Prison Directors I am au- thorized to sell grain bags in any quantity above five hun- dred (300) at $4.75 per hun- dred. Bags delivered free in San Francisco, and orders must be accompanied with cash or bank exchange on San Fran- cisco, and an affidavit made be- fore a Notary Public or Justice of the Peace that they are for the consumer’s use. Blank affi- davits can be had upon appli- cation to me. J. W. TOM>KINS, Warden. San Quentin, August 10, 1004 152 New Monigomery, San Francisco, Cal. Wiiliam Hattersth (Ladies’ Dept.), 224 Sutter. Umion Drug Co., 400 Sutter and 100 Stockton. Osgood Brothers... 7th and i Baldwin Pharmacy. Eilis FOR PL’ *#Bluecher. Aug. Moltke. fPretoria. Aug. 27 *Deutschiand...Sept. 1'Hamburg. 3 Sept. 3 *Pennsylvania. *Has griliroom and §Will call at Dover for London o s g 3t By, Offices. nd 37 A HERZOG a.oa. 401 CALIFORNIA ST. | 000000200006000 2? a Steamers leave Broadway wharves (plers 9 and 1l San Francisco: For Ketchikan, Wraage! Juneau, Haines, Skaguay. ste.. 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