The San Francisco Call. Newspaper, May 16, 1905, Page 5

THE SAN' FRANCISCO AT “NAN S GUILTY OF MURDER —_— Justice Vernon M. Davis| of the Supreme Court| of New York Surprises| Lawyers at a Banquet| GIVES HIS OPINION ! ON PATTERSON CASE | Says the Former Show Girl “Lied From Beginning to End” in Her Testimony During the Second Trial R 5 5.—Someyhat to hose present at ght of the Phi zation of law- Davis, of the of New of honor, gave Davis, who presided at the first two trials of the former chorus girl, said that she had lied from be- gimning to end, and it was his opinion Justice that the majority of the community now believes that Miss Pattersom held the pistol by which Youmg was shot; that J. Morgan Smith bought the weapon and gave it to her, charging ker at the same time with the duty of caring” Young. s remarks the re- [ rs to leave th room, f reached the door t . by the speaker to their dis- parts of his eat deal in the criticism uct of the “You cannot without telling 0 be the truth. In before me the de- he stand, and it was t she was telling ning to end. The med charged with the fact e was young. It public should Peopie seemed to as not telling the great public of New should she not lie? her get the benefit of “But to-day in the light of the last lisagreement I feel sure that most peo- | are convinced—that a majority of people believe that the pistol that cilled Young was held by an’ Patter- | son; was discharged by ber, was bought by J. Morgan Smith, in an attempt to fet momey from ‘Caesar’ Young for the tupport of the combined family. don’t m y that she took reticule and shot I do believe that howed it to ent followed, e weapon. In the t struggle man was [3 belleve, old the story on the witness stand as meoreover, that had she the told the truth—the ~ould have amcquitted her.” ol Sl Patterson” second jury Father L 15.—J. ‘Randoiph Patterson, who ghter from New has suffered a severe of the him RIVER CHANGES ITS COURSE AND CAUSES RUIN OF flo Grapde’s Overflow Destroys Canal Forming Part of am Irri- gation System. Tex., May r for other property um- As a new ditch must distance of three miles, t the present crop will can again be watered. eb.. May 15.—News from says the water there is r known. Fields are many cattle and hogs Railroad traffic is les of track are & washed out. The in ‘ne lowlands have been nd —The worst f < , when a tem- was swept away by the half of the city About in service to-day DOMINION WILL STRENGTHEN THE DEFENSES OF QUEBEC Chree Million Dollars to Be Spent as Result of Understanding With Great Britain. MONTREAL, May 15.—The Dominion | ment is about to spend more 1 $3,000,000 in improving the de- enses of Quebec. Negotiations have | cen going on with the Imperial Gov- | r nt for some years and an under- anding has been reached. be built at Beaumont, nine miles t of Quebec, on the south shore. forts will give a sweeping com- d of both the north and south chan- 1s of the St. Lawrence. IO e TR SENERAL GOMEZ OF CUBA NEAR THE DOOR OF DEATH | Two forts dis lliness Complicated by His Age and Wounds Received on the Battlefield. | SANTIAGO, Cuba, May 15.—General mo Gomez is dangerously ill with The general's extreme age | ind the results of the many wounds he | eceived in his campaigns for the liber- | ({'l(-n of Cuba complicate his trouble. e rallied from an operation for an ab- | ess a woek 280, but Suffered a relapse resterday. His family has been sum- poned and will arrive here to-mcrrow. ');s doctor’s bulletin to-night is hope- ul. —_————— | Try the United States Laundry. 1004 | darket street. Telephone South 420. * | lungs and | CROPS | | the prisoner himself refuse-to say wheth- | effort at appearing nonchalant and he SMITH DREADS TO FACE WIFE Faithful Womian Calls -at- Prison, -but - Is - Turned| Away---Belief That the Defaulter, Cached Stolen Coin s Growmg | HERE HE HAS BEEN o ! ABLY WILL — NOTORIOUS EMBEZZLER AS HE APPEARS LOOKING THROUGH THE GRATINGS OF HIS CELL AT THE CITY PRISON, Wi CONFINED SINCE HE WAS BROUGHT BACK FROM ST. LOUIS. AND WHERE HE PROB- REMAIN UNTIL TAKEN TO THE PENITENTIARY. — Evidence in the possession of District Attorney Byingtom snd the Grand Jury | shows that Smith, the defaulting Tax | Collector, has hidden at least §20,000 of bis stealings. Smith's advisers refuse to may whether or mot he will plead | gullty. The defaulter was hrnuxht’ face to face with Devoto yesterday, but refused to admit that he had recelved $15,500 from him. The police are treat- ing the ecriminal with extraordinary consideration and will not have him photographed, according to James B. Smith will not be allowed to | be present at Grand Jury consultations on his brother's case. The criminal’s wife will ‘visit him to-day. custom. Edward J. Smith, the defaulting Collector, is_.held on two charges of fel- ony embezzlement, with bail fixed at $: He was brought into Judge Lawler's court yesterday for arralgnment, but pleaded for time-and was granted a con- tinuance until to-morrow.. His brothers, his attorney, James A. Ballantine. and Tax er or not he will plead guilty. The consideration with which the pris- oner is treated by the police has caused much comment.” Where an ordinary felon after being charged would be immedi- | ately photographed and numbered, it was decided to.omit this humiliation ‘in Smith's case. “It is unnecessary,” declares Captain Burnett. “We .have some pretty good pictures of Smith aiready. It's no use to photograph him again.” z “We won’t have any pictures of him taken to-day,” said Chief Dinan. Yesterday afternoon, before District Attorney Byington was through with the prisoner,” Jack Craven, politiclan and friend of Phil Crimmins, was admitted to | Smith’s cell. The desk sergeant would | permit no one else to go near him while Craven was there. When- Smith = was taken from his cell for a final interview with the District Attorney before meet- ing his brother, Craven accompanied him. This matter was called to the attention of Byington and Foreman Andréws of the Grand Jury, the latter of whom arrived from Los Angeles yesterday afternoon. Both were greatly incensed over the oc- currence and this proceeding will be thoroughly investigated by the foremln of the Grand Jury. “I do mot care to criticise the pollce sald Foreman Andrews, “but Mr. Bying- ton and I wgre astonished when we heard that this man, Jack Craven, had been permitted to see Smith.’ Byington left orders with the Chief of Police that no.one but Smith’s brothers and his attorney were to be admitted to his cell last night. MAKES SHOW OF BRAVADO. Since the defaulter has consulted his attorney and his brothers he seems to have conceived the idea that in spite of | all he may yet be saved from State Prison. His attitude changed yesterday to one of bravado. ‘When he was taken before Judge Taw- lor for arraignment he seemed to 'be braced for the occasion. There was an attempted once or twice to smile. Attorney Ballantine declared that his | client was not vet ready to make his plea and asked for a postponement. Law- lor set to-morrow morning at 10:30 as the | time. District Attorney Byington then took the defaulting Tax Collector into Cap- tain Burnett's office, where he was given a thorough sweating. Byington is abso- lutely certain that Smith has cached somewhere the major part of the vast amounts he has stolen .rom the city, and began to question him on what had be- come of the money. The prisoner was surly and at first re- | fused to answer any of the questions put to him by Byington. He seemed to feel that it was an imposition that he should ! i be questioned at all. He denied strenu- ously that he had-any loot hidden. “I will not admit that I got the $15,000 check from Devoto,” Smith persisted, “I only had $700 when I left this city.” The District' Atforney refused to con- sider this answer. The evidence,already collected shows that on the day Smith | left the city he had in his possession over $20,000. This sum included the $155%0 re- ceived from Devoto on his personal check and 3600, which remained from $30,000 he had Aeposited with the City Treasurer last January. This $30,000 is another matter on which the District Attorney questioned the de- faulter, but Smith refused to tell-how he came into possession of such a’'sum. He declared that he would not glve any ex- plandtion on-that point until he was on trial. CONFRONTED BY DEVOTO. Late in the afternoon Smith was con- fronted by Louis A. Devoto, the man he had betrayed. This scene which was cted in Captain Burnett's office in ¢ presence of District Attorney By- ingtop and Foreman Andrews was dramatic. When Smith was brought face to face with thc man whose career he ed back, and turned his head like a whipped cur. “Did you or did you not get $15,5% from Mr. Devoto - here?’. asked Byington shavply “I' won’t answer that question,” replied Smith hanging his head. You got the money, you know you ¢id!” sald Devoto, angrily. Smith was silent.. “You don't deny that u dia,” said Byington. I refuse to answer,” mumbled Smith. Byington closely questioned Ralph Friedman, a pawnbroker with. whom Smith dealt, and T. Lundy. the jewcler from whom the thieying’ offictal is sup- pesed to have bought jewels for the wou- wen with whom he consorted. The information given by the pair shows that Smith was not the spender he would appear to be. The coin that.he is sup- posed to have scattered along the “prim- rose path” turns out to be nearly all mythical currency. The District Attorney can find no-evidence taat Smith juggled very extensivély with the -Stock market. In fact. Smith's dissipations were almost within his- income. Tlie money stolen_from the.city is hid- den safely somewhere, it is thought. A part of it may be used for the defaulter’'s defense. The rest he will have when the doors of the penitentiary open for him. Foreman Andrews and the District At- torney class Smith .as a cold - blooded, therough thief, who is willing to endure the shame if he can in the end secure the 100t he has hidden. His assertion that he was ruined through ‘/being a goad fellow” is torn to pieces by the evidence that is piling vp against him. At the time' of the trial District At- torney Byington hopes to be able to prove that Smith is a plain, ordinary, calculating criminal. = Detective Gibson, { acting under instructions from the’ Dis- trict Attorney and the Pinkerton detec- tive agency, are working on clews that may lead to the hiding place of the money Smith’ stole. MAY INVOLVE OTHERS. ‘When they locate the place where Smith *“planted” his loot Foreman An- drews and Byington are certain that they will learn the identity of Smith's co-con- spirators. A rumor was passed out to the effect that Acting Foreman E. J. Bowes of the Grand Jury had promised Smith that if he would plead guilty the investigation into the conspiracy would be dropped. ‘Bowes emphatically denled the story. i would have no authority to make such an .offer,” he declared, “and if I had I would not do such an outrageous thing. . 1 am certain that notung on earth would stop the investigation.” ‘When Foreman Andrews arrived at the Hall of Justice he held a consultation with the acting foremar of the Grand Jury. - had | knowingly and wantonly ruined, he start- | | t “Andrews advised Bowes to ask | are now bel James B. Bmlth brother o! the criminal, .1., ‘water | tine held Hlevel — what the plea would'be. James B. Smith declared that his brother had not time “for consultation with his attorney, but that he would announce the plea to-day. The general opinion is that Smith will plead guilty, but that is still uncertain. Since his arrival in the city the default- ing Tax Collector has assumed the brav- ado of the ordinary thief and may enter the piea of not guilty. James B. Smith and Attorney Ballen- a long consulfation with the defaulter in his cell last night. They re- fused, however, to announce what plea would be made by the defaulter. WIFE WILL FORGIVE HIM. The wife of the disgraced Tax Collec- tor is anxious to see and forgive the man who brought shame on her and her child. | She applied for permission to visit him in his cell vesterday, but was advised to postpone the attempt. The faithful wife is even willing to forget the hideous insult he flung at her when he left with a woman of the half- | world. Though he has placed himself on a lower - than that of the meanest sneak thief that ever entered the Hall of Justice, the wife's fidelity is not broken. Smith was told yesterday that his wife | wanted to see him. A shiver ran through his shrunken form and he shook his head, | criminal though he fs, and though he | managed to face the friend whose life | he ruined, even he was overcome by this sublime evidence of a woman's constancy. When John R. Smith saw his’ brother Edward Detectives, he ran to the' criminal and threw his arms around his neck. Ed- ward Smith burst into tears and tore himself away. Sinking on a sofa, the defaulter buried his face in his hands. The meeting with James B. Smith was equally melodramatic. The three broths ers were allowed to talk all afternoon. Attorney Balléntine and Jack Craven were the only outsiders in the family sathering. If James B. Smith persists in asserting | his rights as a grand juror to be present | at deliberations on the case of his crimi- nal brother he will be requested to excuse himself by Foreman Andrews. “1 hardly think that this will be neces- sary,” said Andrews. “I belleve that Mr. Smith will see for himeelf that he:ought not to’ insist on being present .at these meetings.”" -Yesterday afterncon Louls ‘A. Devoio was seen in the Hall of Justice elevator, apparently on his way to the City Prison to’'sse Smith., He saw that he was ob- served and asked to be taken to the bot- tom floor again. Tievoto denies that he wanted to see the defaulter. “Why should I want to see him again after what he did?” he. said: But his actions were dcemed rather queer. Despite the orders of the District Attor- ney. Grant Carpenter, a lawyer, was al- lowed to See Smith last night. Carpenter asserted that he wished to see Smith on an old injunction proceeding. - The defaulter was remanded to the cus- tody of thc Sheriff yesterday and it was 2t first decided to take him to the County Jail. Later, at the request of ‘the Chief of Police, he was permitted to remain at the City Prison. He will be taken to the County Jail later. mith's wife will probably vlalt him to-day. The prisoner is aware that her attitude may get public sympathy for him, but he is apparently not anxious to face the ordeal. TUESDAY, MAY 16, 1905. | der of Joseph Hartman, his accomplice in the office of the Captain of |° STATE DECREE DOES NOT HoL California Divorce Invali- dated by Illinois Verdiet ‘in Favor of Mrs. Harding SUPREME COURT RULING Attempt of Capitalist to Secure Separation in Sam Diego Is Finally Defeated Special Dispatch to The Call CALL BUREAU, POST BUILDING, WASHINGTON, May 15.~The United States Supreme Court to-day reversed the decision of the Supreme Court of California in the George F. Harding divorce proceedings, instituted several years ago in the courts of Illinols and afterward transferred by a coumter complaint to the courts of San Diego County. The ruling, im effect, upholds the decree granted Mrs. Harding by the Illinois court. Some time in 1890 Mrs. Adelaide M. Harding sued George F. Harding, now a resident of Sun Diego, for divorce, asking the custody of her children and $3600 per year as alimony. Harding is sald to be u very wealthy man. The couple were married in Peoria, 111, in the early sixtics. Mrs. Harding alleges that a¢ taey grew older her husband neglected her and went o live in Califorria after a family dis- ruption. A decision was rendered in the linois courts in the wife's favor 1897. One month later Harding filed in the Superior Court of San Diego County a complaint as a bar tu his wife's allegations, and represented that she had refused to live with him without just cause. He presented nu- merous technicalities in support of his claims. The United States Supreme Court’s decision dwells upon certain peculiari- ties of the diverce laws of the two States, and, in substance, supports the claims of Mrs. Harding In that the Siate of Calitornin mnever was the domiclile of the plaintiff, and therefore the courts of Californin had mo juris- diction. “Harding,” suys the decision, “does not claim to have made any change of residence until such a time as he mov- ed to a heouge in San Diego and lived with his sister. who acted as house- keeper; and he was without a wife in California. There is no evidence to show that ary rplace other than Illinois was the domicile of Mrs. Harding.” “We are of the opinion,” said Jus- tice White, “that the final decree en- tered jn the Circuit Court of <Cook County, Illirois, in legal effect estab- lishes that the separation then exist- ing and which began tontemporan- eously with the filing of the bill in the case in February, 1890, was lawful, and therefore conclusivcly operated to pre- vent. the same scparation from consti- tuting a willful desertion by the wife of the husband From these conclu- sions it necesserily follows that the issues prescuted i this aciion for di- vorce were- lentical= with: that decided m. the suit .in. Lilinois -for separate maintenance. It follows that the Su- preme Court of California, in atirm- | ing the divorce, failed to give to the Jdecree of the Illinois wourt the due faith and credit to which it was en- titled, and therefore violatsd the con- stitution. of the United Staies.” The judgment of the California court was therefore reversed and the case remanded for furtlier procecdings. When the case was argued Harding, who is a lawyer, appeared in his own behalf, while Lis son. alse an attor- Ii- in ney, appeared for his mother. Neither participated 1 the argument, how- ever. ————— €ONDEMNED MAN PLANS { TO BREAK FROM JAIL | His Plot Discovered and Its Detalils | Divulged by a Co- Co; ST. PAUL, May dward Gotts- chalk, who pleaded guilty to the mur- | | | i | in the robbery and murder of Christian Shindeldecker on February 18 last, must hang on Tuesday, August 8. the records of the case, fixed the date. The Sheriff was informed to-day of a | plot. between Gottschalk and William | ‘Willlams, charged with murder, to | escape from jail. Only the removal of Gottschalk from the cell he has been occupying prevenged its being consum- mated. Williams, finding that the scheme had failed, told the Sheriff of the plan and conducted him to the bathroom and showed him a section of iron pipe which could be removed by a few turns. Williams said that Gotts- | chalk had planned to conceal this pipe in his-cell and when the jailer came with food; to knock him senseless, take | his . keys and release Willilams and escape. ———— i . | BANK PRESIDENT GIVEN AN EIGHT YEAR SENTENCE Former Congressman Ohliger of Ohlo ‘Pleads Gulilty to Jugsgli ' Funds. CLEVELAND, Ohio, May 15.—L. P. Ohliger, ex-president of the closed ‘Wooster, Ohio, National Bank, pleaded gullty this afternoon to a count on one of the indictments charging him with having issued a draft when there were no funds in the bank to meet it. Judg: Tayler sentenced Ohliger to eight year: imprisonment in the Ohio Penitentiary. Ohliger is an ex-Congressman, ex- County Treasurer, Postmaster at Woos- ter under President Cleveland's first ad- ministration and Collector of Internal Revenue at Cleveland during Cleve- land’s ‘second administration. ————— JURY IN KOCH CASE AGAIN -FAILS TO REACH VERDICT Unable to Agree on Guilt or Innocence of Dector Accused of Murder. MANKATO, Minn., May 15.—The jury in the trial of Dr. G. R. Koch, charged with the murder of Dr. L. A. Gebhardt, at New Ulm, in November last, which went out Saturday noon, announced to Judge Cray early to-day that it was unable to agree on a verdict and was —_——— Excursion to Willits. on Sunday, Maey 21, the California North- western Raliway will run an excursion to Willits. Each ticket sold insures a seat. Fare for. the, round trip only $2. Leave Tiburon Toot of Market street, San Francisco, 5‘?]. oo i return leave Willits at Wum- is t:l be lt,tlu‘ :ufl.’m-dh o!nwn of the countles. there o1 be. oo it not two more ral in_there, There il large town bmveen Willits ‘Eureka. A very large country. A B iressarily ‘depend upon Wi It 18 now growing very fast. _This . north discharged. This is the second dis- agreement in the case. —_———— Admiral Dewey Better. WASHINGTON, May 15—The condi- | tion of Admiral Dewey, who was taken {11 on Saturday in New York and who returned to his home in this city yes- terday, was reported to-day to be bet- ter. JENVER. Colo, May 15.—After delil - o days the jury in the case of :n‘:- and John I. Jones, president Johnson and sec ! of the Fidelity =Sas retary, Bty vn.. | pacity, Gov- | ernor Johnson to-day, after reviewing | PRESIDENT POLK’S NIECE Suffered Several Years— Was Cured By Pe-ru-na. av - MRS. MINNIE LEE COLLINS for Her, But Without Avail Mrs. Minnie Lee Collins, grandniece writes from 912 High Street, Nashville, Tenn.: ““For ssveral years I experienced a se physicians prescribed for me, but withou Perura at the advice of a friend. ““I noticed a percept:ble improvement ai cured. for it."” of the late President James K. Polk. The best ere attack of female trouble. Two years ago / began to take t avail. t once; after taking several botties I was 1 hold Peruna in high esteem and am aiways ready to say a good word OME of the most illustrious fami-| lles in the United States, whose ancestors have been famous in our national history, not only use and be- leve in Peruna, but do not hesitate to give public indorsement of it. No medicine in the ALL (LASSES | world has receivea such unqualified PRAISE Dlraisa from all classes. It is per- PE-RU-NA feetly natural that all classes should praise the same remedy, for all people are subject to the same diseases. Catarrh is well- nigh universal, sum- CATARRH IS mer and winter, among the rich and WELL-NIGH poor alike. Peruna is therefore the uni- UNIVERSAL versal remedy, the demand for which does not cease sum- mer nor winter. We have in our flles thousands of letters from grateful people who have been cured by Peruna. Address Dr. S. B. Hartman, President of The Hartman Sanitarium, Columbus, Ohfo. All correspondence strictly confi- dential. BOWEN IN DISFAVOR " “WITH HIS SUPERIORS President Displeased by the Course of the Minister to Caracas.- Special Dispatch to The Call CALL BUREA POST BUILDING, WASHINGTON, May 15.—It looks as if Minister Bowen would pass his troubles up to Castro. As mentioned in' The Call, the expedient to putting the bulk of the | blame on the shoulders of the sly Vene- zuelan dictator will be fesorted to by the Minister to the South American republic. Bowen does not seem to wish to face the rigor of administrative cross-exam- ination and it is more than Iikely that he | will suffer the consequences of charges against Assistant Secretary State Loomis. Bowen explains that he has “not made charges against Loomis in an official ca- but has simply told stories that | were current at Caracas.” The breach between Minister and ad- ministration is not in any degree less- ened by the expianation and it Is the general opinion here that Bowen's ac- tions are not regarded favorably by the President. Secretary Taft to-day handed to Bowen a copy of the charges which Loomis had filed, alleging that the retiring Minister had inspired the publication of charges which Bowen, in his official capacity as Minister, felt-it his duty to forward to Washington. Bowen took the papers to his hotel and will prepare a supplemen- tary statement of his side of the case. ———————————— NEW YORK, May 15.—Miss Florence Sells, daughter of the later Peter Sells of Columbus, | Ohlo, the former circus man, was married to T. M. Hardesty, a Columbus business man, in the Little Church Around the Cormer yester- day. his of MISS WOOD TELLS OF PLATT'S WOOING Says She Once Had to Order the Senator From Her Room. Special Dispatch to The Call OMAHA, Neb., May 15.—Disappointed in Eer effort to serve her summons on Sec- retary Loeb on his return from Colorado with the President, Mae Wood to-day turned her attention once meore to Sen- ator Platt. In a statement to the press she tells of the Senator's wooing and their break, when she ordered him from her room. The Senator, Miss Wood de- clares, had frequently called for her with his carriage and taken her driving. until “another lady friend of his became awfully jealous. | “My own friends feared she would do | something desperate ‘and advised me to | leave town,” she says. “Several times, to prevent scandal, I had to leave my office when I knew she was coming. Platt | himself pleaded with me to keep out of her way and usually warned me she was coming to see me.” Referring to Platt's denial of the authenticity of the letter published last week, Miss Wood asks: “Why does he not sue me for forgery or have me arrested on that charge? I dare that crowd to get me into court on any pretext whatever. They will not get a chance to take any more of my papers. |I am ready for them. Within reach of my hand day and night is a derringer. Next person who attempts to get my papers will surely find trouble.” —_——————— NEW YORK, May 15.—The Standard Ofl Company of New Jersey has declared a divi- dend for the quarter of $9 a share, payable June 15. The previous dividend declared by the company in March was $13 a share and at this time last year a dividend of $8 a was declared. now sold at quality considered, than the purchase of much to interest most wo and all are cordially invite A small payment ‘e of prices to For More Than Fifty Years the SINGER has been recognized as maintaining the nghest Standard of Excellence among Family. Sewing-Machines and is lower prices any other. Whether you a machine or not there is :en at any Singer Store— d the rest at convenient i?:'n' ervals. Four different'Kinds and a wide rang suit. Sold only by SAN FRANCISCO: ALAMEDA—1321 Park St BERKELEY—zo14 Shattuck St 1580 Market Street. 310 Stockton Sireet. I&IMM; i 1217 Stockton Street. 576 Valencia St. OAKLAND—s10 Thirteentl: St SAN JOSE—38 So. Second St