The San Francisco Call. Newspaper, June 22, 1905, Page 1

Francisco and THE WEATHER. Forecast made at San Francisco for | thirty hours ending midnight Jume 22: | vicinity—PFair with fog in the morning: | nd. A. G. McADIE, | District Forecaster. SAN FRANCISCO, THURSDAY, JUNE 22, 1905. PRESIDENT RULES IN FAVOR OF SECRETARY MORTON IN THE SANTA FE RAILROAD REBA MITCHELL'S ATTORNEYS MAKING A HARD FIGHT LIOKAIRE'S K DVORC W EXFLANED é Hurries to Chicago and LA Weds His Former Wife's Friend, |7 LOS ANGELES, & private tele Stowell, aged rated alm there Tues a This m s and | married | son, expl { to which there was more | cion of scandal. | Stowell went to El Paso, Tex., and there sued his wife for divorce. She learned of it and filed a counter suit here The divorce was granted May 2. Miss Wilkinson was for several months a guest of Mrs. Stowell and Stowell met ber In his own home. At that time there was not the slightest suspicion that they | were any more than friends but Mrs. Stowell's attorneys now assert that they had known of a clandestine correspond- ence for hs. The bride’'s parents in Chicago bitterly opposed tt arriage and are sald to heve forbidden Stowell their house. | The Stowells have lived in Los Angeles | & long time and the Stowell block on | Spring street was thelr property.” When | the divorce was granted Mrs. Stowell re- | ceived about $150,000. or less of & sus VICEROY YUAN HITS | Issues Strong Proclamation ' Against Action of the SHOT DOWN LODZ, Russian-Poland, Jume (21— AT CHINESE BOYCOTT | Bighteen persons were killea and 100 wounded to-night by volleys fired by dragoons and Cossacks on a procession ©f 50,000 workmen, which had been or- ganized as a demonstration against the BY TROOPS Eighteen Slain and One Hundred Wounded. | Try to_Shut Out the Testimony of Tanner. | iVainly —Xr:gje That | | | His Evidence ls Barred 'Prosecution Gains . First Victory at Trial. -~ PORTLAND, June 21.—The trial of | United States Senator John H. Mitchell, | charged with using his office for private | gain in connection with the land frauds {in this State, began in Judge de | Haven's court to-day, and for the first time in his life and at the age of three | | | | | | score and ten Senator Mitchell faced a jury of his peers. United States District Attorney Heney's arraignment of Mitchell was | most severe. His outline of the case | it contained,nothing that has not here- tofore been made public through the | indictment returned against the aged | Senator. Attorney A. 8 Bennett, coun- |sel for the defendant, denied the al- | legations of the prosecution, claiming that Senator Mitchell was guiltless in intent and that the only mistake the |Senator had made was in changing the | | agreement which had existed between | | nimself and his law partner, Judge Tanner, the latter being one of the persons indicted at the instance of the Government in connection with the | |land’ frauds. Later Judge Tanner made | |a confession of his and Mitchell's con- | Ineclkvn in the land transactions. MAKING DESPERATE FIGHT. The work accomplished to-day con- Kribs, who is said to have employed Mitchell and Tanner to expedite his claims, and the beginning of the exami- nation of Judge Tanner. Tanner will complete his evidence to-morrow. In addition to the oral testimony Dis- trict Attorney Heney is flooding the jury with a mass of documentary evi- dence. This includes the alleged agree- ment entered into between Mitchell and Tanner and Kribs, by which, it is al- leged, they were to expedite claims held by the latter. He is also prbduc- ing checks, account books, letters and testimony in support of his indictment. Attorney Bennett and Senator Thurs- ton, on the other hand, have pleaded the honorable career of their client; have — e eeee——is | held out the fact that to-morrow he is CIAL, WHO IS AC- | to pass his €eventieth birthday, have en- USING HIS OFFICE tered objections to the introduction of AL GAIN testimony and made a desperate and —————————| spectacular attempt to block the intro- duction of Judge Tanner's evidence. There was one time to-day when the interest in the proceedings brought such silence that the big clock could be heard | counting the seconds. The defense had finished cross-examining Kribs when Heney called Judge Tanner to the stand. As Tanner was about to take his place Senator Thurston addressed the court in objection to the testimony. He called attention to the journal.in which was entered the statement and plea of gullty entered by Judge Tanner to an indict- ment Jfor perjury. Going further the speaker read from the Revised Statutes of the United States in which it is provided | that no person guilty of perjury can be | He contended that under the section the records of an indictment for perjury and of a piea of guilty under such indictment was a bar to testimony. COURT SUSTAINS HENEY. Heney argued that a plea of guilty without sentence was subject at any time to a reversal; that the defendant could withdraw his plea and enter upon trial when he wished untilisentence had been passed. Therefore the evidence of Judge Tanner was under the law admissible. Judge de Haven held that the witness was competent, that a judgment was nec- essary to bar one_ convicted of perjury froin testifying. He accordingly over- ruled the objections of the defense. Bennett closed his presentation at 11:30 | o'clock and Frederick A. Kribs was called : by the prosecution as its first witness. Kribs told of his agreement made with | Mitchell and Tanmer by which he was to | pay for the expediting of forty claims of | timber land. He identified a letter writ- | Government. . | ten by Mitchell to Commissioner Herman _‘[(}i’Chal]fS. | The demonstration had been quietly |&iving a list of claims .to be expedited. | arranged. At 8 o'clock the workmen, | He @lso identifled a check for $600 paid “ S | 50,000, wtron with -Thieh T e | to Mitchell and Tanner for the service N, June 22.—Viceroy Yuan | % SRS e 8%, | gome, in- passing the claims to patent. d students from holding | marched through Piotrokowska street | KRIBS ON THE STAND. ence to the boycot- | shouting, “Down with despotism.” They manufactured goods and has issued a strong proclamation egainst merchants interfering with af- fairs in the hands of the Government. Straits Settlement, ntonese merchants here ittated a movement in support of their compatriots to boycott American products. Pending ti ult of the ap) exclysion act, the are holding aloof from bo; Third Prize for Los Angeles. | MILwAUKEE, June 2lL—Interest was at 2 high pitch to-day in the com- petitive drills of the Foresters at Camp | Hawes. score of 98.997, carried off first ors in the senlor class, winning prize of $450. In the junior class Den- ver, with a score of $4.20, captured e and $300. Los Angeles 7110, terfered. AMHERST, Mass., June 21.—Among the students who received the bachelor | of science degree with honors to-day Joliet Camp No. 2872, with a!at the Amherst Agric¥itural College hon- | commencement was Edwin White New- the | hall of San Francisco, the only repre- sentative of the States outside of New England. Dr. gathered in the old market place, where speeches were made by Socialists. Up to this point the police had not in- At 9 o'clock the procession re- formed and was marching up Glowna street, when suddenly the Cossacks and dragoons rushed from the side streets;when the claims were passed to patent. and fired a number of volleys. | fled panic-stricken, leaving eighteen killed and 100 wounded. e ————————— SAN FRANCISCO STUDENT ‘WINS HONORS AT AMHERST William E. Stone, The crowd president of 6 points, won third place and | Purdue University, Lafayette, Ind., de- livered the commencement address. At the afternoon session Kribs testi- fled to having made an agreement with Tanner about the middle of February, {1902, at which time he took a third list of | thirty eln‘l: which were pending in the | Land Offi Kribs sald he agreed to pdy 1 §1000 for the service $500 uown and $500 | According to Kribs Tanner had said he would send the list to Mitchell in Wash- ington and have Mitchell take the mat- ter up -with the department. He had made another agreement with Mijtchell and Tanner in September, 1902, agreeing to pay $1000 for the service rendered un- der the same provisions as the other two bhad carried. b On cross-examination Kribs stated that | he had been interested with former Gov- ernor Pillsbury of Minnesota in the lands. The conversation when he was presented to the Senator by Tan- ner, at which time he discussed the ex- pediting of his claims, had been the only b e R g N S B Continued on Page 4, Column 6 - ELEVEN DIE | of the Government was exhaustive, but | sisted of the examination of Frederick | used as a witness in the Federal court. | N WREK O FLIE 'New Train of FLake! Shore Runs Into Open Switch. Accident in Ohio Said! to Be the Work of F'iends. Sixteen Injured in Smash-Up | of Speedy Twentieth Cen- tury Limited. CLEVELAND, 0., Jume 21.—D. C. Moon, assistant general superintendent | of the Lake Shore, stated late to-night his bellef that the Mentor disaster was | the work of train wreckers. He sald | that a fast passenger train had passed ‘over the switch safely three-quarters | of an hour before the Twentieth Cen- | tury wreek. after the wreck occurred ft said that the so that mo ESEF 3 5 71.—Running at the rate of more than fifty miles an hour, the Twentieth Century Limited on the Lake Shore Railroad dashed into an open switch at the station here shortly befors 10 o'clock to-night and was wrecked. Eleven persons were killed and sixteen badly injured. The combination baggage and smoking buffet car and the coach | behind it caught fire and were destroyed. | "The identified dead: JOHN R. BENNETT, patent attorney, I New York City, burned to death. THOMAS R. MORGAN of the Well- man-Seaver-Morgan Company, Cleveland, burned to death. ALLEN TYLER, engineer, Collinwood, Ohio, crushed under engine. NEWT WALLERS, baggage Hamburg, N. Y. FIREMAN GRAHAM, Collinwood, Ohlo. W. D. NICKEY, New York, identified by Y. M. C. A. card. Five bodies, horribly burned, were taken from the wreck. It was impossible to identify them. | The identified injured: Charles H. Well- { man of the Wellman-Seaver-Morgan Com- | pany of Cleveland, Ohio, scalded and burned, will die; H. H. Wright, Chicagu; A. B. Gorman, Norfolk, Ohio; J. H. Gib- | son, Chicago; C. Cordua. Brooklyn, N. Y. | D. Arthur, Milwaukee; 8. E. Beckwith, 15 | East Seventy-fourth street, New York; F. J. Brandt, Toledo, Ohio. The missing: Barbér and porter of the combination car. The train was eastbound. It left Cleve- | 1and at about 9 o'clock and as it does | not stop here, it was rumming at great | speea. The engineer did mot notice the open switch until the train struck it. The | enginc left the rails and crashed into <‘ the station, tearing up the track for yards. The fire from the engine set the | Wreck ablaze. Fortunately most of the occupants of the coaches were rescued be- fore the fire reached them. Some, how- ever, were cremated. Engineer Tyler of the train was taken from under the side of the engine dead and horribly mangled about two hours af- ter the wreck. This was the fourth trip of the Flier on its run from Chicago to New York on an eighteen-hour schedule. It is the fastest long distance train in the world. The train pulled out of Cleveland with five cars, including four Pullman cars and a buffet. It proceeded without incl- dent to the city, a distance of twenty-five miles, when the accident occurred. The Chicago sleeper, which was be- hind the combination car, swung from the track and crashed into the freight station, which was completely de- stroyed. Every car left the track, the rear trucks of the last coach only re- maining on ‘the rails. The combination car was badly burned, but cocled off at 11:30, so that rescuers could work. About fifteen passengers are known to have been riding in this car, and at least six of the number are’dead. The fire departments from Mentor and from Pafasville were called and were at work trying to extinguish the flames in the combination car within thirty minutes after the wreck oc- curred. The Lake Shore officlals at once sum- moned all the doctors within reach, a number coming from Cleveland. The dead | and injured were taken care of -and sent !on a special train to!Cleveland, where they will be placed in hospitals. Those in the rear coaches were not in- jured, and they set about at once to res- cue those pinioned in the burning cars. The fire spread with great rapidity, and it was with much-difficulty that thc pas- sengers in the two coaches behind the engine were pulled from the debris. of master, The have not yet determined who is to blame for the accident. REPUBLIC, Wash., June 21.—James Harrigan, & section hand detained at the Ferry County Jjail awalt al dled in b r on fire. ‘was TE CASE. Praises the Integrity of Cabinet Officer and Services He Has Rendered Nation. V| Commends Him in the Work He Is | to Undertake. ————— Says He Will Become Factor for Good in Equitable. H 3 ! i | | : L i 2 : t f ? i ; | the ecorporation alone should be pro- ceeded against. The Presideant in a let- ter to the Attormey Gemeral stated that the fact that Mr. Mortom is a member of the Cabiuet should influence the case In conclusion the chief executive pays a high tribute to Mr. Morton's ln- | tegrity and predicts that he will ae~ | complish a work of vast public bemefit by rooting out the crookednesy Inm the affairs of the company in the interests ES = SECRETARY OF THE NAVY AND FORMER VICE PRESIDENT OF THE SANTA FE, WHO, THE PRESIDENT DECLAF 1S INNOCENT OF WRONGDOING BN CONNECTION WITH THE REBATES GI BY HIS COMPANY. < o | of the policy holders. The letter com= | tains a hint of a move for Government | supervision of interstate insurance. MIDOLE WEST IN CLUTCH OF BUTTER TRUST One Thousand Cream- eries Forced Out of Business. Special Dispatch to The Call SIOUX CITY, Iowa, June 21.—Every family in seven States and one Territo- ry of the Middle West is paying tribute to the latest octopus—a creamery trust. Every consumer of butter in Iowa, Kansas, Nebraska, Missour!, Oklahoma, Wyoming, Colorado and South Dakota has been the victim of a levy of 10 cents a pound, collected by this trust during the past five years. Everywhere in the eight common- wealths named may be seen broken- down remains. of what were once pros- perous creameries, which were com- pelled to close down and suffér disman- tlement because of the inexorable meth- ods of this trust. Careful estimates place the number of creameries thus driven out of business at 1000. As an example of the manmer in which this corporation crushes out competition may be cited the situation at Alton, XX‘. this week. The trust cut prices 3 cents under the New York quotation. Dairymen resented it and sought to induce the owners of an idle creamery in that town to resume opera- tions and promised to support it. It was reopened, but closed in five days as the result of the trust offering more for the farmers' cream than the New York price itself. The farmers at once went back to the trust. —_————— BLOCK SYSTEM FAVORED . BY TRAIN; DISPATCHERS June 21.—At the annual DE! convention ‘Assoclation, which is in session here, papers:and addresses were read to-day on subjects concerning the handling of trains and the performance of routine ! here, work. .The convention has reiterated its stand in favor of the “block” s tem for hl.ndlh“ I.ndl the del gates aj to fa some legislative action Mxom the adoption of this of the Train Dispatchers’ | i ! | | was regularly and legally adopted, and WASHINGTON, June 21—President Roosevelt has tuken oceasion to ex- press himself in most positive terms complimentary of the integrity and ability of Paul Mortom, former Viece President of the Atchison, Topeka and Santa Fe Railroad Company and mow concluding bis duties as Secretary of the Navy- that he assume the chairmanship of the board of directors of the Equitable Life Assuraunce So- ciety of New York. These expressions are contained im two letters, one addressed to the Attor= ney General and the other to Mr. Mor+ ton. The letters wera made public to- day by the administration together with a number of others, which, takent together, show the precise differences between the Department of Justice and Harmon and Judson, who recently re- signed as special counsel for the Gov- . ernment in the rebate case involving the Wl" Santa Fe road and the Colorado Fuel and Iron Company. Harmon and Jud- son wished to bring contempt proceed- ings against the officers of the road, STAMFORD, Conn., June IL—MTS. | ghich would have included Mr. Mor- ‘Willlam Ziegler, widow of the lats million- | ten. Their intention was, with the aire, got her first definite information of | testimony adduced beéfore the Inter- the threatened contest of her husband’s | state Commerce Commission, to estab- newspaper broug! lish a violation of a court order of s K o | It | areh 35, 1901, restraining the com- to her summer home at Norotom, Conn., this afternoon by Dr. Gant of New York, | pany from completing any agreement who came up from the city to see his |to transport interstate trafic at rates littls patient, Willlam Ziegler Jr., to lower than the published tariff of the whom the contest may mean a great deal. road. This testimony, they contended. “Mrs. Ziegler does not know Mrs. | constituted a prima facie case against Henry K. Shields of Los Angeles,” sald | the officers of the road and the only a member of her household, “nor does | Way to ascertain their guilt or imno- she know Mrs. Arthur Little or Mrs. Rus- | ¢énce Wi through contempt pro- sell Price. Mr. Ziegler had no sister in | oeedings. 3 Caiifornia. I think you will find that| . Attorney General Moody opposed the these people are imposters. They have Kmlmg 3! m:«:nemz u’;mesmg: bl:n breaking the will. Willie | the groun: while the evidenc: - s T is | fore the commission might show a vio- just as much Mr. Zieger's son in the | lation of the injunction by the road, it eves of the law as if he were his off- | contained nothing charging any officer spring " of the company with such violation. Despite the pretended ignorance of the | President Roosevelt is of the same relationship of Mrs. Shields, it is sald to | view. Both the President and the At- be an absolute fact that Mrs. Shields is | torney General agreed that contempt a full sister of the deceased millionaire. | proceedings should be instituted im- MOROCCAN PROBLEM Dot e Colorado. Fusl Company snd YET CAUSES ANXIETY MRS, IECLER OESHT KNOW RS, SHIELDS o AP Scoffs at Proposed Con-| test of Husband’s the International Harvester Company cases. e latter case, the President PROCEEDINGS RECOMMENDED. The correspondence began with a changing Notes on the Dispute. PARIS, June 21.—The difficult mitting ten line