The San Francisco Call. Newspaper, June 27, 1905, Page 3

THE SAN FRANCISCO CALL, TUESDAY, JUNE 27, 1905. ABANDON A BLAZING SHIP OFF THE HORN Survivors of the Agnes Bring to This Port a Thrilling Tale of Disaster at Sea. SEAMEN JAVED FROIL JVHE ZILFATED GEEMAN SEHIP _ZeHNES o PE_HORN, HER RED HOT, AND | r Cape Horn, f ne hese boats, Why Not Go to Yosemite Valley and the Hetch Hetchy? tion why not send y mite N extremely E sugges- | as easy. for you s grandest spot beautiful of all of the worn-out and which costs | gy. sensitive gums result from mulation. It should be removed | ¥ dentist and thereafter pre- vented by the use of SOZODONT TOOTH POWDER | and its complement, SOZODONT Liguid The Powder is slightly abrasive, is abso- lutely free from grit and acid, and is just the thing for those who have an inclination for the s of every-day life. 8 FORMS: LiCUID. POWDER, PASTE. | | everything down and run for the land.” Providing you buy your Films y Films are the best market. Here are a i of me; n on the 1Se; 2%x3%, 20c; x4%, 2Be; 3%x3%, 30e; 334 x4%, 3Be; 4x5, 5x4, 3%xX5%, 45c. Use CYKO Paper if you want the best possible photographic resuits. Send me sample dozen In an and including 4x patd. My prices for Photographic Printing are as follows: 24 x3%, 4e; 2%x4%, 3%x3, 83%x4%, Be; 5x7, 6e; 5x7, 10c. Malil orders promptly filled. THAT MAN PITTS F. W. PITTS, The Stationer, MARKET ST., Opp. Fifth, SAN FRANCISCO. 15¢ for size up to sent post- y for Valparaiso and from the outset of | a little smoke, but neither fire nor heat. | Agnes® after that. i hands strove to subdue the flames, but 5 rived here yesterday with the sur- vors on board. Within a few minutes after the Aryan had picked up the cap- tain’s boat there broke a terrific storm, eh the stout steel Aryan weathered 1 difficulty and in which it is feared other two boats from the Agnes must have perished. The Agnes was bound from Shields = the voyage the elements treated her roughly. She was loaded with coke nd coal, having about 900 tons of the atter. On March 12 smoke was dis- covered coming from the forward venti- | lator. The Agnes then was in latitude 59 degrees 30 minutes south, longitude degrees west. % It was with great difficulty that the seat of the fire was located. When the fore hatch was opened there was found The main hatch was opened and there the smoke was thicker, but the ther- mometer showed no alarming condition of temperature. As the smoke con- tinued to pour through the ventilators it was decided to investigate the coal, which lay below a layer of coke. About four tons of coke was thrown over- board and then it was seen that the coal on the port side was ablaze and burning flercely. FIGHT DAY AND NIGHT. There was no rest for anybody on the Day and night all the seamen’s efforts seemed only to fan the devouring element, and inch by inch it consumed the inflammable freight and tened with relentless grip on the ship elf. Then came the realization fight was hopeless. The went below to investigate. He was drag- | ged on deck, unconscious. It was three hours before he regained his senses. Cap- tain Behrens was with him when he opened his eyes. His first words were: “Hopeless; only chance is to batten that the second mate By this time the Agnes was getting pretty hot. On March 18 there was a terrific explosion and the main hatch went sailing over the fore topsail yard. After this the flames had everything thelr own way i boats were manned and launched. Cap- tain Behrens, the second mate, boatswa and sallmaker remained on board the Agnes. The rest of the ship’s company | hoisted and all headed for the | Captain Henry Behrens, and on March 20 the| v took to the boats which for three days were towed behind the blazing ship. When the woodwork in his cabin began to char Captain Behrens decided that the Agnes had done about_all she could for | them and at 7 a. m. on April 23 he and the three who had stayed to help to the | end, joined the others in the small boats which were .cut adrift from the Agnes. When they left their ship her sides were glowing almost to the water's edge and around the central pillar of almost solid flame was a cloud of steam caused ¥ the breaking of the water on the redhot’ plates. HEAD FOR THE LAND. In the captain's boat, besides him- self, were ten men and a dog. There were twelve men in the mate’s boat and five accompanied the second mate. They were then fifty-five miles from Cape Horn. Captain Behrens gave first gnd second mates the course, sail was land. The captain’s boat was slow and in two hours the other boats had sailed be- yond sight. At 1 o'clock, six hours after leaving the Agnes, Captain Beh- rens sighted a sail and at 4 p. m. the skipper, the ten men and the dog were safely on board the Aryan. It was by the merest chance that the boat was seen from the Aryan's deck. A chance glance by a keen-sighted sail- or just as the Aryan’s crew was about to wear ship was all that saved the men from the Agnes. The Aryan was headed for the boat, but only with great difficulty was the transfer made from boat to ship. The weather was getting ugly and the sea rougher every minute. Snow began to fall. But the transfer was accomplished, and just in time. As the last man reached the Aryan’'s deck a terrific sea struck the ship’s side, shattering the boat and scattering the pleces over the waters. The storm which followed lasted for several days and Captain Behrens has little hope that the occupants of the other boats escaped. The rescued men will be cared for here by the German Consul, to whom Captain Behrens will to-day make a re- port of the loss of the Agnes. Those who arrived here on the Aryan were Cook Stene- menn, able seamen Nielsen, Bysinger and Uhle, ordinary seamen Brakebuch, Steinmets, Horstmann, Petersen, Yonny and Vaar. There are nineteen members of the Agnes, crew missing. — et i The “Rainier” boycott is unjust—the process of manufacturing beer is such that it must be carried to completion without delay. This fact necessitated the fmmediate substitution of new men in the places of those who left. . il e it s DOINGS OF SNEAK THIEVES.—A. May- bee, 933% Jackson strcet, reported to the po- lice vesterday that bis kit of carpenter’s tools had be:n stolen from a building in course of erection cn Ellis street. J. 8. Clark, 372 Page strect, reported that his bicvele had been stolen from ‘the Y. M. C. A. building on Sunday. liam Karr, 71 Third street, reported that Lis cigar stand had been visited during yester- Gay morning and cigars of the value of $24 80. had been stolen. Frank Munson, 526 Seventh ctreet, reported that his telephone box had been broken open and $2 30 stolen. OPEN EVENINGS AND SUNDAY. KINDS AT FACTORY PRICES. | other means of preserving the rights ot TAFT SCORES MERICAN LAW Believes Too Much Power Has Been Taken From Court and Transferred to Jury INCREASE I CRIME Statistics Show Astounding Growth in the Number of Murders in United States NEW HAVEN, Conn., June 26.—The seniors of the college and scientific de- partments of Yale held their class day exercises to-day. Later in the afternoon the Townsend prize speaking was held as part of the graduating exercises of the law school. Secretary of War Willlam H. Taft delivered the address to the class on the subject, “The Administration of Criminal Law.” Mr. Taft said in part: One of the most useful results of our recent territorial expansion lor those who had to do with uniting our new possessions with thus country and ad,usting certain of the Spanish codes, which we,found '~ ‘-v~e in Porto Rico and the Philippines, to the new Amer.can sov- ereignty has been the comparative study made necessary of the two great systems of law, the Romen, our civil law and the Anglo-Saxon, or_commot law. Those of us who have been educated in the principles of the common law and have nut extended our study much in.o seneral juris- prudence are apt o be Narrow in our preju- dices in favor of the common law and prone to think that there 1s very little for us to learn from the civil law which can be use.ully adopted by a government in which the licer.y of the indivdual is held so sacred and the power of the government toward the subject or the cltizen is restrained by such carcful regulations as in England, in America or any of the popular self-governments for whica each of those countries is responsible. After referring to the insututon of the writ of habeas corpus, trial by jury and the Individual against the oppression ot the - Government, Secretary Taft con- tinued: WHERE JURY TRIAL FAILS: As these served their purposes so well In anclent times, when the battle for civil ibe'ty was tought and won, the first impulse of tha American lawyer is to apply them all as a panacea to the government and criminal pro- cedure of our new possessions. But turiher investigaticns, with a deepening sense of re- sponsibility for the government of a body of peoeple whose welfare has been forced upoa us as a _sacred trust, leads to a much more conservatlve attitude in respect of the needed changes in the procedure. # Ve have no right to force on the Porto Ricans or the Fillpinos institutions of our own which have proved of the highest benefit to us unless we can see on other than mere sentimental grounds connected with our own history that such _institutions would prove benéficial to them in thelr present condition. Trial by jury has been adopted in Porto Rico, It has not been adopted by the Filipinos. I do not think it too much to say, however, that it has proven to be a failuré thus far in Porto Rico. The first question was in the Philippines, Shall it be adopted in civil cases? It would seem unwise, It is by no means clear that in our jurisprudence trial by jury in civil cases is an unmixed good. The aboli- tlon of the jury In civil cases would relieve civil sults, and would not, I think, with proper appeal, deprive any litigant of an impartial hearing. DISGRACE TO COUNTRY. I grieve for my country to say that the ad- ministration of the criminal law in ail the States of the Union (there may be one or two exceptions) is a disgrace to our civii{zation. We are now reaching an age when we cannot plead youth. sparse civillzation or newness of country as a cause for the laxity in the en- forcement of - law. - ‘What makes: the diffefence between the ad- ministration of the criminal law in England and in this country? In the first place, while the jury has always been a sacred and un- touched part of the tribunal constituted to try crime in. England, the Judges have always taken and maintained their part at common law in the trial of every defendant, and that part has been first, the retention of complete Control over the method by which counsel try the case, restraining them to the points at issue, and second, the power to aid the jury by advising them how to consider the evidence and expressing an opinion on the evidence, leaving, however, to th’ Jury the ultimate decision. Another reason why English justice main- talns its reputation for certainty of pu ment is the fact that there are no appeals lowed from the trial in the first court unless the Judge presiding shall deem certain ques- tions of law of sufficient importance and doubt to reserve them to a higher court. The institution of trial by jury has come to be regarded as a fetish to such an extent that State Leglslatures have exalted the power of the jury and diminished the power of the court In the hearing of criminal cases. The function of the Judge is limited to that of the moderator in a religlous assembly. The coun- el for the defense, relying on the diminished power of the court, creates, by dramatic art and harping on the importance of unimpor- tant detalls, a false atmosphere in the court- room which the Judge is powerless to dlpel, and under the hypnotic influence of which the counsel is cble to lead the jurors to vote as jurors for a verdict which, after all the ex- Cltement of the trial has passed away, they are unable to support as men. MURDERS ON INCREASE. And now what has been the result in this country? Since 1885 in the United States there have been 131,951 murders and homi- cides and there have been 2286 executions. In 1885 the number of murders was 1808. In 1904 it had increas2d to §842. Thé number of exe- cutions in 1885 was 108, In 1904 the number was 116. This startling increase i the num- ber of murders and homicides, as compared tells the story. ', S0 are all of- fenses of the felony class, and there can be no doubt_that they will continue to increase un- less the criminal laws are enforced with more certainty, more uniformity, more severity than they now are. Certainly, the result of the American crimi- nal procedire as distinguished from the Eng- 1ish eriminal procedure does not encourage to think that it would be wisé to introduce into the Philippine Islands a system of jury trial which now prevails in most of the States, especially under the restrictions of the power of the court which we find as we go West in this country. The cure for this growing can- cer in the body politic may be found In statu- tory amendments. Our country is disgusted with the number of Iynchings that occur both in the North and in the South. Nothing but a radical improve- ment in our administration of criminal law will orevent® growth In the number of Iynchings «n the United States. L S I CHINESE WINS HONORS AJ YALE UNIVERSITY Francis Boland of San Francisco Also Receives Special Mention for His Work. NEW HAVEN, June 26.—Among the law school honors announced at Yale to-day were the following for graduate students: Degree D. C. L., Magna Cum Laude, Chung Hal Wang, Canton. China; degree of M. L, Cum Laude, Francis E. E. Boland, San Francisco. The university fellowships in the graduate school to students from vari- ous institutions were announced and Jdnclude ‘the following: Carrie I. Wood- row, college of Emporia, Emporia, Kan.; Julius W. Eggleston, Amherst College; Elmer McCullum, University of Kansas; T. Saiki, Okayama Medical College, Toklo, Japan. The winner of the Townsend prize, the speaking for which took place this afternoon, was William D. Emslee of Salt Lake City. > AUTOMOBILIST IN NICE MUST.PAY FOR A LIFE Imprisoned, Fined and Assessed Dam- ages to His Victim’s Widow and Children, automobile driven by Pierre Michel Are the Plen WASHINGTON, June 26.—Russia has given reassurance of her intentions in the peace negotiations by placing the President in possession of the tentative selection of her plenipotentiaries, as follows: M. Nelidoff and Baron Rosen, the newly appointed Russian Embassa- dor at Washington. Russia thus hav- ing taken, the initiative, it is believed Mr. Takahira, the Japanese Minister, during his call at the White House to- day, informally told the President that Japan’'s selections, also tentative, were Baron Komura, the Japane: Minister for Forelgn Affairs, and Kogoro Taka- hira, the Japanese Minister at Wash- ington. Official announcement of the names of the plenipotentiaries is withheld for several reasons. M. Nelidoff's health may not permit him to make the trip, and pressure of officlal work may ne- cessitate the presence in Tokio of Ba- ron Komura. Mr. Takahira and Baron Rosen are regarded as the certalnties, | and the belief is that, unless something | unforeseen should occur, poth Russia | {and Japan will consent to the official | 23 Tespectively, and referring to the announcement of the personnel of the | Washington conference within a few | days. In any event both missicns will | consist of many advisers, Including | army and, possibly, naval officers and | officials from the Foreign offices in To- ! kio and St. Petersburg. It is expected | that, altogether, each mission may number ten or twelve. Should six plen- ipotentiaries be chosen, both Russia | and Japan have names under consider- ation which will enable them to an- nounce their third plenipotentiaries without delay. In recognition of his services during the preliminary negotiations and in view of the high officlal rank of the Russian plenipotentiaries, it is belleved that the officlal announcement of Mr, Takahira's appointment will be followed by his ele- vation to the rank of Embassador. In view of the fact that Japan intends, when the war is over, to elevate her legations in Washington, London, Berlin, Paris, Vienna, St. Petersburg and Rome to ém- bassies, it is belleved Mr. Takahira's ele- vation would be permanent. While it is not certain that he will be given em- bassadorial rank, nor is it necessary to his appointment as a plenipotentiary, officfals of the American Government point out that this would be the regular and expected course for the Japanese Government to follow. Interest regarding an armistice has largely diminished in the last few days because of the receipt of information that the rainy season is beginning in Man- churia. It is believed here that this will serve the purposes of an armistice in rreventing a clash béfore the convening of the conference in August. Moreover, the informal soundings initiated by the President in Tokio and St. Petersburg did not yield much hope for successful negotlations looking to an armistice until after the plenipotentiaries met. If Japan is then convinced of the serious desire of Russia for peace she will readily. con- sent to an armistice. Count Cassini, the Russian Embassador, who had intended seeing the President at the White House regarding a detall of the negotiations, was detained at the embassy and so drove direct to the rail- road station when the hour of the Presi- cent’s departure arrived and held a brief conversation with the President on the rear platform of the latter’s car. The President's greeting to the Embassador was especially cordlal, and the two clasped hands warmly at parting. Count Cassinl was the only Embassador at the station when the President left. s gl o RUSSIA MAKES APOLOGY. . roves of the Sinking of British Stenmships by Cruisers. LONDON, June 26.—Questioned in the House of Commons to-day regarding the destruction of British vessels by Russian auxiliary cruisers, Premier Balfour said he was glad to be able to | inform the house that the British Gov- ernment had been assured that the Russian Government disapproved of the actions of thelr cruisers and that or- ders had been transmitted to the Dnieper at Jibutil, rendering quite im- possible any repetition of the acts,| which the British Government regarded | as outrages against law. S At RUSSIAN GENERALS CHAGRINED. Hoped to Win a Battle Before the Sign- .Ing of a Peace Treaty. GUNSHU PASS, June 26.—Many dis- patches reaching here through the of- ficial paper which is edited for the army make the conditions under| which the proposed peace is to bel reached very indifferently understood. In consequence of events in Washing- ton, a military initiative for an armis- tice had been expected, but, although Generals Linevitch and Kuropatkin ex- press the conviction that Russia is drifting toward peace, no action look- ing to an armistice has yet been taken. On the contrary the commanders ap- f Negotiations for Peace Will Be Begun in| Washington Early in August. ! ward of that place. BOTH RUSSIA AND JAPAN|THINK OF ITI NAME THEIR ENVOYS. Nelidoff,' Rosen, Komura and Takahira ipotentiaries. pear to regret that at the time when the army has reached its maximum strength it is likely to be deprived of victory. Numerous small bodies of Japanese scouts have appeared in the regions of either Russian flank and it is feared they were intended to screen the turn- ing operations of the Japanese, as be- fore the battle of Mukden. Chinese report that flanking move- ments have been already undertaken, but the Russian staff denies this. Traders coming from Bedoun say that the Japanese are advancing in that direction from Sinmintin. g -2 ¢S SHARP FIGHTING CONTINUES. Attempt to Dislodge Russian Outposts Is Repulsed. 2 ST. PETERSBURG, June 26.—Two telegrams were received to-day by Em- peror Nicholas from Lieutenant Gen- eral Linevitch, dated June 24 and June movements of June 21 and 22. On the latter date a Japanese attempt to dis- lodge the Russian outposts in the valley of the Kao was repulsed, while the Russians in the Hailungchen dis- trict dislodged the Japanese outposts at Nansthancheng and advanced south- The Russians operating in the direc- tion of Ufangtu retired after unmask- ing a considerable force of Japanese. | The latter pursued the Russians and occupied Yulangtzu in the Hallungchen district. : The Japanese resumed the offensive in the neighborhood of Shimaotse, con- tinuing a frontal attack and making an energetic turning movement. The lat- ter threatened to cut off the Russians, who consequently retired. i g EARLY DATE FOR CONFERENCE. President Askg That the Peace Envoys Meet on August 1. WASHINGTON, June 26.—The Presi- dent has received from both the Rus- sian and Japanese Governments the statement that the plenipotentiaries of the two countries wil meet in the United States during the first ten days of August and the President has ex- pressed to both Governments the wish that the meeting should take place if possible on the first of August and if not on that date then at the earllest date thereafter. L Korea’s Best Friend Is America. SEOUL, June 26.—Edwin V. Morgan, American Minister to Korea, and the le- gation staff were received by the Em- peror to-day. Minister Morgan pre- sented his credentials and a letter to the Emperor from President Roosevelt. The Emperor supplied Minister Morgan with a guard of honor and said that America was the first Western power that had treated with Korea and was Korea's best friend. o Mobilization of Reserves. ST. PETERSBURG, June 26.—The army reserves of the two capitals, St Petersburg and Moscow, will, accord- ing to a late report, be mobilized, the former on June 28 and the latter on June 29. —_————————— PROFESSOR HILPRECHT CLEARED OF CHARGES Exonerated in Regard to the Results of His Explorations in Babylonia. PHILADELPHIA, Juné 26—By a unanimous vote of the board of man- agers of the University of Pennsylvania Dr. Benjamin Hilprecht, research pro- fessor of Assyriology and professor of Semitic philology and archaelogy of the University of Pennsylvania, was to- day acquitted of the charges recently brought against him concerning his in- tegrity in the matter of his explora- tions in Babylonia. —_— e Barrett Glven New Place. WASHINGTON, June 26.—The formal announcement was made at the State Department of the appointment of John Barrett of Oregon as Minister to Co- lombia, to which post Barrett was re- cently assigned to relieve Russell, who was ordered to Caracas, Venezuela, when Bowen was summoned to Wash- ington. —_——————— Not as many people pass by your house in a year, probably, as read the want ads. in this paper in a day. So, which shall it be—placard or “To Let” advertisement? ———————— Daughter of Reed Weds. PORTLAND, Me., June 26.—Lieuten- ant Arthur L. Balentine, U. 8. A, of Fort Monroe, and Miss Katherine Reed, daughter of the late Congress- man Thomas B. Reed, were married to- day at the Reed residence here. BRASS AND killed a' man named Clarina while traveling on Route¢ Duver. Proceed- | ings were taken agalnst Michel, who to-day was sentenced by default to’ six mon In additio Frederichs UR LATEST IMPORTATIONS OF This Pretty Matron Had Headache and Backache, and Her Condition Was Serious. : PE-RU-NA CURED. 89 Eleventh Street, Milwaukee, Wis. “A ghort time ago /| found my condition very serious. | had headaches, pains in the back, and frequent dizzy spells which grew worse every month. | tried two remadies_before Peruna, and was discour~ aged when | took the first dose, but my courage soon returned. In less than two months my heaith was restored.”’—Mrs. M. Brickner. The reason of so many fallures to cure cases simi- lar ;n t‘hs l.l:(l):e is the fact at NOT RECOGNIZED | giseases peculiar to the female sex AS CATARRH. are mot common- ly recognized as being caused by catarrh. Catarrh of one organ is exactly the same as catarrh of any other organ. What will cure catarrh of the head will also cure catarrh of the pelvic organs. Peruna cures these cases simply be- cause it cures the catarrh. If you have catarrh, write at once to Dr. Hartman, giving a full statement of your case, and he will be pleased to give you his valuable advice gratis. Address Dr. Hartman, President of The Hartman Sanitarium, Columbus, O. Dr. Lyon’s’ | PERFECT ToothPowder Used people of refinement mm:’a.qmoftmmry. ‘Very convenient for tourists. PREPARED BY OCEAN TRAVEL. Steamers leave Plers 9 and 11, San Francisco: For "Ketchikan, Wrangel. FEMALE TROUBLE Juneau, L s, Skagway, ete. ska—11 a. m., June 29, July 5. Change to this company's steamers at_Seattle. For_Victoria, Vancouver, Port Townsend, Seattls, Ta~ coma, Everett, Anacortes, Sout} Bellingham, Bellingham—11 a. m., June 29, July 5. Change at Seattle to this company's steamers for Alas- ; at Seattle or Tacoma to N. P. Ry.; at Vancouver to C. P. Ry. For Eureka (Humboldt Bay)—Pomona, 1:30 p. m. June 28, July 5. Corona, 1:30 p. m., July I. For Los Angeles (via Port Los Angeles and Redondo). San Diego and Santa Barbara— Santa Rosa, Sundays, 9 a. m. State of California, Thursdays, 9 & m. For Los Angeles (via San Pedro and East San Pedro), Santa Barbara, Santa Crus, Mon- terey, San Simeon, Cayucos, Port Harford (San Luis Obiepo), Ventura and Hueneme— Ceos Bay, 9 a. m., July 1. Bonita, 9'a. m., June 27, July 5. For Ensenada, Magdalena Bay, San Jose del Cabo, Mazatlan, Altata, La Paz Santa Rosalia, Guaymas (Mex.), 10 a. m.. Tth of each month. ALASKA EXCURSIONS, Season 1905—The palatial steamship SPOKANE will leave Ta- coma, Seattle and Vietoria July 6, 20, August 17 s'm further information obtain folder. Right 18 reserved to change steamers or sailing dates. TICKET OFFICES—4 New Montgomery st. (Palace Hotel), 10 Market st., and Broadway wharves. Office, 10 Market st. C. D. DUNANN. General Agent. 10 Market st., San, Francisco. New Y London Direct. Minneapolis.....July 8 Minnetonka....July 22 Minnehaha. ... July 15 Mesaba HOLLAND-AMERICA NEW YORK—ROTTERDAM, V) . EOtEoaNE. Sailftng Wednesday at 10 a. m. Noordam July 5 Ryndam........Ju Statendam. .July B5Baltic. July 12{Teutonle. July 19 Celtic. [RON BEDS comprise the most exclusive and handsomest patterns Im the world’s best makes ROMANIC. ....... CRETIC. .. .July 27. Se; < FROM N. CANOPIC. . August 5, September 18, Octaber 28 ROMANIC.............October 7. November 1§ C. D. TAYLOR. Passenger Agent Pacific Coast, 21 Post st., San Franeiseo. 5.8, 1.D.SPSECKELS & BROS. C0.,Agts., Tickat