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-— thirty hours ending ber 14: THE WEATHER. Forecast made at San Francisco for midnight, Oeto- tne Library. +* s A | San Francisco and vicinity—Cloudy Friday, probably showers in the after- e e noon; fresh southerly wind LYRIC HALL—“Tweifth Night." Mat- G. H. WILLSON, e today. apanese Nightin- Local Forecaster (temporarily in ™ charge). ORPHEUM—Vaudeville. | | TIVOLI—"Der Rastelbinder.” 3 - e * VOLUME XCVI—NO. 136. PRICE FIVE CENTS flushed With Victory Oyama's Troops Pursue Sla Grand Jury Asks That Election Commissioners Be Prosecute THREATEN T0 TAKE STEPS OB JURY' DISHISSAL D ISCORD develops into warm hostilities and the | members who prevented indictment or accusa- | 1 tion want to have the inquisitorial body disbanded, alleging that there is too much political conniving on foot. 3 aNE TOTE LACKING 70 MAKE A FORMAL CHARGE HE majority tries to make the best of the sitna- ‘ tion by a resolution ing Judge instruet the District Attorney to take steps | to oust the board from office. } — | requesting that the presid- | | INDICTMENT AGAINST JOSEPH BEBSTUGIEZ RETORN HREE jurors refuse to go into court to present ‘ the bill until Judge Sloss sends a bailiff to bring | them in. their attendance quornm. being necessary to make a eleven smembers of the Grand would vote yesterday for a formal against the Election Com- and instead of a present- indictment a resolution was ssioners, nt or an direct the District Attorney to take oust the board from office. unusnal proceeding was taken last course possible—“the best ould be done under the circum- it ~was explained—after a session in which the discord has been brewing at several meet- nto an open rup- no legal provision for and no authority to to obey the Grand he Judge & request efused to go inte court ictment against Joseph rged with misconduct as inspector in the Alms- and Judge Sloss com- a request of Foreman Lilien- the bailiff to bring them in, there being only eleven jurors on hand and elve being required by law. This was st outbreak of hostilities. journment, those who op- posed action against the Electign Com- missioners came out of the heat of the hatic declarations ting they would petition for the dismissal and Jury, for they were dis hat any more good work could be accomplished by it. They allege animus and political machination against those whom they regard as| overzealous in the probing of ballot-box le the members of the jury that ing free use of the pre- e of indi 3 ns law are not very that anything further can be shed, they were not in 2 mood to give up what they declare 10 be 2 mn duty. Some thought the force of public opinion may yet induce the recalcitrant jurors to see the error of their way. At best, they admitted, however, that the situation was dis- couraging and the probability of more indictments for frauds very small. The omy last nig and the impaneling of a new one was discussed favorably. REQUEST FOR PROSECUTION. The communication asking that Dis- trict Attorney Byington be instructéd institute prosecution against Com- s Roberts, McGuire and Voorsanger will be tted to-day man Alfred Lilienfeld. The Judge re- fused to be interviewed last evening as to the matter, and would not give 2ny opinion concerning the legal force of the Grand Jury’s resolution. It i= not contemplated to have the Commiseioners accused of any crime, but charged with dereliction of duty for not enforcing the requirements of law regarding the qualifications of elec- tion officers. The only punishment, if found gullty by the jury, would be ouster from office. The action of the Grand Jury is based on testimony heard concerning the election officers in the Eightieth or Almshouse Precinct, where Joseph Rebstock was inspector. It appears that all of the six officers were Repub- licans, whereas the law requires that precinct boards shall be divided po-| litically: mot one of them is a tax- payer, notwithstanding the statute de- clares that election offiters shall be on the zssessment roll; only five of the six were residents of the precinct in which they served—the law demands that ail should be. by the majority asking the pre- | & Judge of the Superior Court m" 3 Grand Jury were determined to hold the Board of Election Commissioners accountable. ered that a number of changes were ade arbitrarily in the personnel of arious precinct boards the night be- fore the primaries. DISCLAIMS OFFENSE. “My comscience is easy,” said Com- missioner A. W. Voorsanger in discuss- | ing the probable prosecution. “I know that I have participated in no offense against the law.” “The law requiring property qualifi- cation of an election officer is uncon- stitutional,” said Commissioner E. C. Leffingwell. “The requirement that the officers must be residents of the pre- cincts in which they serve is imprac- tical, for when we learn at the eleventh th its proceedings and did not | ment for violation of | Devoto, Leffing- | to Judge Lawlor, | the presiding Judge, by P‘orn-‘ hour that a man cannot be on hand at the polls we have to take an appointee from the available list and send him {out to fill the vacancy. It is utterly | impossible to carry on an election prop- erly in every precinct if we are re- stricted to the precinet for its board of | officers. The Grand Jury’'s attempt to prosecute us is ridiculous.” | “I regard the effort of the grand ju- | rors as an outrage,” was the comment | of Commissioner J. A. Devoto. “True, we have not obeyed the letter of the law. That was impossible and uncalled for. We have committed no crime, and here we are dragged before the public |as law-breakers. I was born and raised in San Francisco and I value my | good reputation. I have never been | guilty of anything to darken it and the | stigma that is cast by the Grand Jury without good reason is far from right. | T have no fear of consequences in court, | | but to be placed in a false light, as has | now been done, is certainly unpleasant | The chief aim of the grand jurors, in my opinion, is to do politics, by be- smirching the present municipal ad- | ministration.” | The Grand Jury began its exciting | session at 2:30 o'clock and at once took {up the matter of returning the indict- | ment which the District Attorney had prepared. The combat soon » opened. { Charles W. Welch, secretary of the body, announced that he was not pres- |ent when the vote on the indictment | was taken Tuesday night, and not be- ¢ of terminating the sitting | iP8 cognizant of the facts in the| icase did not wish to have anything to {do with it. Matthew I. O’'Brien was also absent when the true bill was | found and he also demurred to appear- |ing in court as supporting the accusa- }Nnn. Dr. George 1. Drucker had voted | against the indictment and did not feel | that he ghould appear in court as hav- | ing assisted in instituting the prosecu- tion against Rebstock. This left only eleven jurors to present | the indictment, and argument witn the unwilling trio waxed furious. The law wes read and expounded to show that it was not necessary that the twelve furors who found the indictment should be the same twelve to go into court. on either occasion the be complied with. But Welch and O’'Brien insisted that they would, not take part in accusing a citizen of a crime unless they heard the evidence and for a while had the better of the situation. They turned a deaf ear to persuasion and argument statutes would land stuck to their idea of things. Dr. Drucker was no mqre yielding than they. Foreman Lilienfeld came out into the anteroom and telephoned for F. H. ‘Wheelan, W. H. Hazell and Dan Fitz- gerald, on whose testimony the charge against Rebstock was based. They added to their strength E. C. Harrison, who was ready to tell of some exciting experiences he had when trying to challenge voters in the Eightieth Pre. cinct, where the inmates of the Aims- e Evidence had been gath- | So long as there were a dozen on hand | DUPES TWO - CALIFORNIA -~ RANCHERS iFormer Evangelist . Arrested for Fraud. Assumes Feminine Names and Invites Proposals to Marry. | Vietims Porward Money for Wedding Trousseaus and There the Romance Ends. — €pecial Dispatch to The Call. PITTSBURG, Pa.; Oct. Homer L. McKinney, for years one of the best known evangelists in the Erie conference, but for in Freeport, Pa., was this committed to jail by Cemmissioner Lindsey, court hearing. McKinney charged with having obtained money by fraud, using the mails for that purpose. According to the postal authorities, he has been passing himself off as two marriage- able maidens and making violent love to California farmers, becoming en- | gaged to two of the latter and collect- ing money for a wedding trousseau | from each. Postoffice arid Federal of- ficers of Philadelphia. swwho.made-the jarrest this afternoon, say that the evi- | dence reveals a remarkable scheme. “ “Annie Hall” and “Mary Roberts" | are the names under which the parson | is alleged to have made love and con- ducted his campaign. Willlam Tilley and J. N. Cuff, Eureka, Cal., are the two victims who | appear on the surface. ‘When arraigned this evening the parson had little or nothing to say. About a year ago McKinney was in evening to await a California, and there met many well- to-do farmers, including .Tilley and |Cuff. He was there for some time. Soon both Tilley and Cuff began receiving letters written in a feminine hand and saying the writer had been referred to ny. Cuff's letter was signed by “An- nie,” Tilley’s by “Mary.” Soon a re- quest was sent East for a photo- graph—one by each man, unknown to | the other. Bach received the portrait of a beautiful woman. The next mail eastward carried a proposal of mar- riage from each of the farmers. | Both were accepted, but the letter received by each said the girl could not come without money. Each Calir fornian sent $50 and the romance ended there. Last month both Cuff and Tilley de- cided ta come East and look up the | girl. They met on the train and the story came out. - Each was coming to | be married. They found that both carried the same photograph. They went back to the farm and wired to | Washington. The postoffice authorities say Me- Kinney has fully two score victims in | different localities. | —_———— | WHITE CHILD IS VICTIM | OF BARBAROUS SUPERSTITION | Murdered by West Indian Negro, Who | Desired to Work Spell on a Judge. KINGSTOWN, Island of St. Vincent, Oct. 13.—Police investigation into the | matter of the murder of a_little white | boy, whose heart and dismembered | hands were found in the house of an ! obiman (negro sorcerer) in the island of | St. Lucia, has resulted in the arrest of | a seemingly intelligent negro butcher and a disclosure of barbarous supersti- | tion .and diabolism that survives to a| | startling extent in the West Indies, the ! heritage of a savage ancestry. ; The child it appears was the victim | of the desire of, the man now in cus- | tody, and who had been concerned in | some litigation, to “work a spell” upon | the Judge of the Supreme Court who was to try the case. To this end, at the direction of the obiman whom he con- sulted, the negro decoyed the child to the house of the obiman, on a deserted estate in the ‘extreme northern part of ! St. Lucia, and there the child was mur- | dered and his corpse dismembered. - —_—e—————— { DALAT TAMA'S SIGNATURE i NOT ON TIBETAN TREATY Head Priest Who Fled Before Eng- lish Expedition Said to Be Under Russian Protection. TOKIO, Oct. 13.—A dispatch from Pe- king states that Dalai Lama, who fled from Lassa upon the approach of the British expedition under Colonel Young- husband and General Macdonald, is un- der Russian protection, and that the only Tibetan signature to the Anglo- Tibetan convention is that c(,q', 13.—Rev. | some time past | proprietor of a portrait establishment | United States | wealthy ranchmen of | after he returned to the East | the one addressed by Rev. Mr. McKin- | Vs Krom the battlelle — Y HEADQUARTERS OF THE JAPANESE LEFT ARMY (in the field), Wednesday, Oct. 12.--The victory of the Japanese Left army to-day was decisive. sians fought bravely and several times attempted counter attacks. repulsed them every time and continued their steady advance. Left army threatened to envelop the Russian right, compelling the Russians to retreat. The Japanese artillery, including the batteries captured from the Russians, did their ches and the retreating Russians. usual sple > Lol ‘ ) } = AT GEN- INVENTOR AL SAKA S BULLETS AFTER THIEVES “of Bullign £ Route From Goldfield to This City Special Dispajeb to The Cail RENO, Nev., Oct. 13.—The bullion from fifteen tons of ore, taken from | the famous Sandstorm mine in Gold- | fleld, arrived in Reno last night from Sodaville. The bullion is in charge of { T. L. Oddie, a millionaire, who is one | of the principal owners in the mine, but is divided among whose identity is kept a secret to pre- vent robbery. Certain persons in Gold- | to steal some of it. The bullion Jeft Goldfield in a wagon train under an armed guard of several men last week and on reaching Kilon- dike Springs, fifteen miles south of Goldfield, darkness overtook the train and camp was ordered. A close watch was kept on the gold and in the middle of the night Captain Willlam Parry, a pioneer frontiersman, saw two men trying to carry off two of the sacks. He fired at them and called for them to stop, whereupon they dropped the sacks and disappeared in the darkness. They are thought to be following the men in possession of the bullion and the greatest precautions are being taken. ————— BOSTON KINDLY GREETS “JUDITH OF BETULIA" Alldrich’s Scriptural Drama, With Nance O’'Neil in Star Role, Scores a Hit. BOSTON, Oct. 13.—Thomas Bailey Alldrich’s scriptural drama in four acts, “Judith of Betulia,” as present- ed by Nance O'Neil and company, is drawing crowded houses. The pro- duction moves smoothly and is re- celved with every mark of favor and last night the star was recalled ten times at theend of the third act. The production is finely staged and costumed and is’ announced for the remainder of the week in this city, after which it will not be again seen until Miss O'Neil’'s New York engage- ment. ——ae HEAVY TOURIST TRAVEL TO THE GOLDEN STATE TOPEKA, Oct. 13.—Tourist travel to California is ekceptionally heavy this week. For several weeks a rate of $25 has been in effect. W. J. Black. ; general passenger agent of the Santa Fg states that since the first of this month the Santa Fe has had sixty-six | extra tourist sleepers to' handle tour- 1 ist excursion business. This has been in ‘addition to the regular California trains. L e T ‘Sunday Closing Causes Loss. ST. LOUIS, Oct. 13.—In a public speech delivered before the American Street Railway Association President Francis declared to-day that the ‘World’s Fair has lost at least $1,000,- 000 through peing compelled to close Sundays. ndid work in sheliing the tren Guard Preévents the Theft| several men, | field know the gold is en route to San | Francisco and have made one attempt | + APRISAKA.-. aF 7 G et GIVES OF WARNIY 10 DRISKERS Government Chemist Makes Startling Sta_teg;gnt. Spécial Dispatch to The Call. CALL BUREAU, HOTEL BARTON, WASHINGTON, Oct. 13.—Following clpse on the whisky fatalities of New York and the subsequent revelations there, Dr. C. W. Wiley, chief of the Government Bureau of Chemistry, | sounded a note of warning to-day. In an interview he expressed the opinion that fully 85 per cent of all the whisky sold in this country in hotels, restau- rants, clubs and bars was nothing less than cheap imitation. While this may not be fatally poisonous, very much of it is dangerous to the human system even when taken moderately and it is all a fraud on the public. The Government, through the Bu- reau of Cherhistry, has already begun an investigation. For the remedy Dr. | Wiley suggests better laws. regulating | the sale of strong drink, the most im- pertant of which shall be a statute compelling real and spurious articles to be labeled as such. The passage of the pure food bill now pending in Con- gress, he says, will aid any laws the States may now have or in the fu- ture. o “I am not surprised,” said Dr. Wiley to-day, “at the revelations recently made in New York concerning the or- dinary whisky of commerce. I have tried to convey a warning in times past and the situation as developed simply gives a practical illustration of the necessity of this warning. The Bureau of Chemistry has already en- tered upon an analysis of domestic whiskies to ascertain the difference be- tween the pure and the adulterated and particularly to find out the ingrediegts of the latter. I have ordered 150 samples of whisky now in bond from the Internal Revenue Bureau of the Government. From what we have eard from dealers in whisky I am led to believe that 85 per cent of the or- dinary whisky of commerce is adulter- ated.” > —_———— Death Summons a Pioneer Preacher. SANTA ROSA, Oct. 13.—Rev. David a ploneer preacher, died his home at Camp Meeker. 0 years of age. The Rus- The Japanese The left wing of the Nippon's Soldiers Capture Many Cuns - Bl LOSSES IN FOURTH DAY'S FIGHTING Kuropatkin Orders Renewal of Battl yE #OMT/CEL - | IGTTN ! TN VENTOR aF THE TGN 7YE <o — the result of to-day's fight on the- left wing. Under the conditions of the fighting the losses are necessarily con- siderable. I have ordered that the po- sitions we now hold be stubbornly de< fended to-morro g Gk HAND TO HAND FIGHTING. Russians Repeatedly Charge Japanese Trenches With the Bayonet. ST. PETERSBURG, Oct. 13.—Private dispatches sent on the night of October HEADQUARTERS OF THE JAPA- NESE LEFT ARMY, IN THE FIELD. Wednesday, Oct. 12.—The left army made an advance last night and early this morning occupied a position close to a village and field occupied by the | Russians. The Japanese attacked n|ongl the whole line, driving the Russians out of the position to which they had re- tired yesterday. At 3 o'clock this after- noon the Russians were retreating northward in disorder. The Japanese | captured a complete Russian battery. The Japanese are pursuing and shelling the retreating Russians, whose loss | probably is large. MUKDEN, Oct. 13.—The battle south of this place continued thmu;houti Wednesday with ever-increasing fury. | In respect to desperateness, bravery | and bloodshed it far exceeds the battle of Liaoyang. Toward evening the Japa- nese repeatedly assumed the offensive. The fight continued to-day with un- abated fury and determination. This was the fourth day of the battle. RUSSIANS FALL BACK. ST. PETERSBURG, Oct. 13.—General Kuropatkin reports that during the fighting of yesterday and to-day the advance troops were reinforced from the principal positions, that this even- ing the left wing was ordered to fall back on the main position and that at 2 o’clock the center also was obliged to fall back. The report does not mention the fighting on the right wing. The full text of General Kuropatkin’s | repogt, which is dated the 13th, follows: “Last night and throughout to-day the Manchurian army was engaged in | a fierce fight. The Japanese concen- trated a great force against our posi- tions on the center and right wing. ‘We carried on the fight from advanced positions, and it became necessary to support these advance guards from the main position. The right wing held its advance position, and only at nightfall, under my orders, retired to the princi- pal position. In the center the troops were forced to retire from the advance to the main position at 2 p. m. P’R.Alm HIS TROOPS. “According to reports and to my own observations the fighting was most des- perate. We repulsed numerous Japan- ese attacks and ourselves assumed the offensive. The heroic fefense of its advance position by the Tomsk Regi- of a pass has been continued. Our scaled almost inaccessible rocks held their ground for two days, t 1 1 - WHO TRIBUTED _TO TORIES IN WAR. I INVENTORS — 11 from the headquarters of General Bilderling, whose corps occupies the Russian center, describe the bloody and desperate character of the fight along the railroad north of Yentai statiom, where on Monday the Russians repeat- edly charged the Japanese trenches at the point of the bayonet, the fight con- tinuing into the night. The Japanese reserved their fire until the Russians, at the double, were almost upon them. An instance s given of a regiment get- ting within a few yards of the Japanese trenches, but recoiling before the mur- derous volleys of the Japanese, then coming on again with reinforcements literally under a shower of shrapnel and finally sueceeding in driving out the Japanese. But the Japanese artil- lery fire was so withering that the Rus- sians were unable to remain in the trenches. That night the Japanese artillery bombarded the Russian center, prepar- ing the way for a general counter-at- tack, which Field Marshal Oyama or- dered for Tuesday. The Japanese of- fensive extended to their extreme left, General Oku's army being for the first time engaged. At nightfall on Tuesday the Japanese had forced back the Rus- sian right, but the center held fast, al- though a few positions had fallen into the hands of the Japanese. The latest newspaper reports say Generals Rennenkampff and Kashtalin- sky encircled the Japanese right, crossed the Taitse River and came out on the Fengwangcheng road, the Japa- nese retiring before them. The news from these mixed columns is three days old. A special dispatch to a newspaper, dated late last night, says the battle continued desperately along the whole front, the most severe fighting being transferred to the eastern front. Another newspaper dispatch, dated from Harbin to-day, says the tide of battle is with the Russians. Upon thé basis of this dispatch “extras” with flaming headlines announcing a Japa- nese retreat along the whole line were sold by thousands. —_— JAPANESE HOLD A HILL. eral Sakharoff, in c‘-l-h-?.h. dispatch to the