The San Francisco Call. Newspaper, December 23, 1905, Page 1

~/THE CALL PRINTS MORE NEWS THAN ANY OTHER PAPER PUBLISHED IN SAN FR ALHAMBRA—' LYRIC (Matinee only.) Matinees at All Theaters To-day. THE THEATERS. ALCAZAR—"“Brown's In Town." udeville. “The College Widow."™ 3 NEW CENTRAL—"The Eve HALL—Sauret-Speed Concert. ANCISCO ______..1 Fast Lynne." “The - Thoroughbreds.” -~ SAN FRANCISCO, SATURDAY, DECEMBER 23, 1905. PRICE FIVE CENTS. JURY IN LAWYER COLLINS TRIAL DISAGREES AND BYINGTON CHARGES BRIBERY. Those of the other jurors whom I have » [ believe that the three men who voted for the acquittal of Collins were not actuated by honest motives. interviewed expressed the opinion that Jurors Hunt and Hartley had been tampered with and I believe that no man could from honest motives vote not guily. THREE MEN HOLD 0UT | The evidence was conclusive. | FIRMLY FOR ACQUITTAL OF ACCUSED LAWYER District Attorn rectly That Secured BODY IS DISCHARGED The long and tedious trial of Attormey George D. Collins for perjury came to muught late last night, the jury having disagreed. Lemnon did everything within his power to induce the tweive men The balloting stood nime for comviction, | At midnight the jury was dismissed. Attorney Bylngtom discovered that his many months’ hard work had met with defeat his anger flamed high and he at once charged that the three jurors who had voted for acquittal had been influenced by dishonest mo- Shortly after the trial hegan there were rumors that three or four of upon whom the fate of the defendant rested The disagreement emboldened the District Judge to reach n verdict, without avail. three for mequittal. tives those charge of dishonesty. Several of the questioned the motives of the three made engry by of justice, does the evidence orney is absolutely specifies with vehemende sible man™could find a peg n of acquittal, f of gullt was s from the there was dihon i g nvestigated JUROR MAKES DEN IAL g, where he harges. He ve, saying s doing e charges to have his arges to ake e big clock f Justice had the jurors e guilt or inr s, charged wi to Judge Lennon t der lock fifteen hours of debate, and that ousand more ballots or thirty days room would n s from his st e verdict was received Collins. To Byington and to Hiram Johnson it was a great disappointment, ®s more was involved in the case than the maere securing of & conmviction of the eccused attorney. That Judge Lennon was Jesving mo opportunity open for the eharge that he had been lenient and per- mitted the jury to retire before it had ven time to properly go over the ice was shown by the court's re- peated advice to the jury to return to the room and endeavor to reach an agree/ me nt FIRST VOTE, SEVEN TO FIVE. Shortly after the jury retired Thursday g & tentative ballot was cast. « was no call for record or evidence, d when the vote was counted it was d that five Jurymen stood for acquit- while seven held out for conviction remained unchanged during the . rs of Thursday evening, and Lennon ordered the ju to Hotel the vote was still un- / the discussion was again hotel resumed, and it was not until 2:20 in the morning that another ballot showed that one man had gone over to the side favor- ing conviction, and the vote stood 8 to 4. During the early morning another ballot ¢ taken in the jury-room, with the re- t that but three held out for acquittal, these three, Newton H. Hickman, Jes H..Hartley and James T. Hun- remained impervious to all argument for the Jast fifteen hours of the session. After the Jury was dismissed Coliins was again placed under $15000 bail and n to the Broadway Jail. The de- ant will endeavor to secure bail to- and expects to spend Christmas with & and ce MeCurdy and her mother. Col- confidently predicts that the trial just ended will be the last proceedings a 1 3 egainst him in the Jocal courts and de- clared that *no attorney will care to re- &7 & hopeless case’ § > to move | with elation | ey Charges Di- Corruption Verdict. 7 All day long ‘When District would bear watching. | Attorney to make the direct nine jurors who veted for conviction dissenters. { 1 District Attorney Byington declared | that if the trial of Minnie Adams had ndt begun yesterdey he would request ; that the case be set immediately for re- {trial He declered <hat the prosecution | would not be satisfied/ with the disagree- ment, but would immediately proceed to | brocure angther trial. COLLINS WILL LEAVE (1TY. Collinis declares that under the extradi- tion laws the trial .and disagreement | amount to an acquittal in the eyes of the | British law and that he cannot be tiied again for perjury. Under the extradition no other charge can be placed against him until the lapse of thirty days. After | | that time, if he has not placed himself | on British soil he can be apprehended i and prosecuted. Collins says he will depart for parts and carve out a career far from the men he claims have persecuted him. When the first announcement was made by the jury of the failure to agree, Col- | | lins’ eyes lighted and he shot a quick | | look of triumph at Byington and John- son. It was exactly twenty-four hours to | minute when the jurymen filed back into the courtroom yesterday afternoon in the afternoon and at the same time | their deliberations. They retired to the juryroom day before yesterday at 4:40 in the afternon and at the same time yesterday they returned to their places | | in the jury box. | In response to Judge Lennon’s ques- | tion as to wheéther they had reached | a unanimous decision, Foreman Hick- | i: “We have not reached a de- | We have deliberated carefully i an agreement an utter impos- man sa No, it is more a difference of opinion on a question of fact,” was the reply. Is that your opinion, Mr. Feintucht?” d Lennon agree your Honor. This jury can- | At one time we wanted the | 1ony brought in, but we afterward Jjudged it absolutely unnecessary. There | j &re two strong factions opposing each and it is useless to expect an | agreement LENNON IS OBDURATE. | Mr. Hartley echoed these sentiments and George H. Lux volunteered the in- formation that their opinion would be the same if they sat for a thousand | years. The others coincided with the | statements of their colleagues. They | denied that any definition of law or elaboration of testimony was neces- sary. Judge Lennon thereupon said: “We have been a long time trying this case. You are no more anxious to get away { than I am. While you have been work- ing here I have been working fn San Rafael. Iam inclined to discharge you | i you will unanimously assure me that | you cannot reach an agreement. It | there is any possibility of an agreement I want you to reach it.” Judge Lennon was then told that the vote after nine ballots stood 9 to 3 and that if 100 ballots were taken the re- sult would not be changed. He was assured that the jury seriously appre- ciated the importance of its decisfon and the expense borne by the city and county. Collins then asked, as it seemed that | it was Impossible for the jury to reach an agreement, that it be discharged. { Judge Lennon, however, demurred and sent the jury back to its room for the period of an hour. At the end of that time no word wa: recelved from the jury, and after a half-hour's further wait the Judge Instructed the bailiffs to take them to supper. On the way to the restaurant the twelve men walked in pairs and hardly | exchanged a syllable about the dead- lock. Much complaint was expressed by them regarding their being held after they .were convinced agreement was impossible. After the return from the restaurant the jury was locked up until 10:30, when it announced to the court that there was no gopo of conviction. Judge Lennon suggested that it be placed for the night at the Palace Hotel, get a good rest and when refreshed cast an- other ballot. One by one the -jurors arose ‘and oppo: such a proposition other [ | | NS, COREY WL T FILE SUT Accepts Offer of a Million From Husband.' Young Son to Be Named as Heir to Fath- er’s Estate. |Steel Magnate Promises to Cease His Attentions to Miss Gilman. Special Dispatoh to The Call, PITTSBURG, Dec. 2.—“One million doliars, no questions asked or answered.” This proposition has been made to Mrs. Laura York Corey, wife of the president of the United States Steel Corporation. She had reached Braddock and has been confronted by the proposition that should she consent to call off all divorce prepa- | rations against her husband, who was so wildly Infatuated with Mabelle Gilman, the actress, she will be given $1,000,00 for a Christinas gift. Mrs. Corey has consented and there will be no divorce proceedings. The deal was made in two minutes’ time in the waiting-room of the Union depot yesterday. Mrs. Corey and two young women who had been in the West | with her, as well as Ada Corey, a sister | of her husband, reached Pittsburg by the suburban train. They had left the fast Chicago train many miles out of Pittsburg to dodge the newspaper men and others, and came in by slow train. They were met by A. A. Corey, father of W. Ellis Corey, who made the proposi- tion to his daughter-in-law. Tne proposition was In short that W. Ellis Corey would furnish to his wife undisputed evidence that he and Ma- belle Gilman had ceased to be any- thing to each other. He would give his wife $1,000,000 or more than enough to make her independent for life, and make a will naming his son as his heir: Iinstead of cutting him off with $200,000, as he threatened to do some | time ago when his mad infatuation for the actress led him to cast not only his wife but his child to one side. Mrs. Corey consented to this arrange- ment and went with her father-in-law to his home in North Braddock. Allan W. Corey was seen to-day and said: “I cannot talk about mother's case. It is not right to ask me, and I will say nothing. Of course I am in her confidence, but I will not abuse it.” ‘W. Ellis Corey may be at his father's home for Christmas dinner and a re- conciliation, but it is not necessary, fram a financial point of view, that he be there, as it is understood Alfred A. Corey brought back to Pittsburg a certified check for §1,000,000 for Mrs, Corey to show that business was meant. SCOTT’S FATE STILL MYSTIFIES FRIENDS Searchers Are Unable to Find Trace of the Missing “Spendthrift.” LOS ANGELES, Dec. 22.—No further word has been recelved from Death Val- ley regarding the possible fate of Walter Bcott, the cowboy miner who is supposed to have been fired upon from ambush more than a week ago. Rol King, who telegraphed the offer of $1000 reward for the recovery of Scott's body, says that two scouts are making a thorough search of the desert in the hope of locating the missing miner. It is said that other men interested tn the discovery of “‘Scotty’s” mysterious mine also are scattered throughout the region of Funeral Moun- tains, endeavoring to locate the alleged free gold ledge. e A e Shreck-Barry Fight a Draw. SAN DIEGO, Dec. 22.—The fight be- tween Mik® Schreck of Cincinnati and Dave Barry of San Fraficisco, heavy- weights, before the San Diego Athletic Club - to-night, was a ‘well-contested affair. The two men were evenly matched. At the end of the twenty rounds the referee-declared it a draw. e —_— as being absolutely futile. They were returned to the jury room, however, until 11:30, when thev were once more called into court, and upon still being at a deadlock, the court discharged them and fixed-the bail of Collins at $15,000. % GATIN LONTINCES N NOSCOW —e Leaders of Strike Incite Crowds to Riot. Troops Fire on Revolu-| tionaries and Many Are Killed. Cavalry Detachments. Patrol City, as More Tro__&le Is Expected. Special Dispaten o Fhe Gall MOSCOW, Dec. 22—Shops are being boarded up, the tram- ways have stopped, and there are no newspapers or electric lights. Bloodshed began last night at the Aquarium Gardens, when the strikers held a mass—rr{éeting. Be- fore this was concluded the Ros- tonsky Regiment appeared on the - 1 scene and requested the strikers to surrender their weapons. A fight ensued, and many were killed. The strike leaders this morning, followed by crowds, picketed the principal streets, threatening vio- lence to those opening their shops. Everybody yielded, although’ the police were present. Another fight took place at mid- day in front of the Governor’s palace. There were numerous cas- ualties, though reliable details are unobtainable and wild rumors magnify things a hundred fold. Thousands of strikers are still about, singing . revolutionary songs, and further trouble is ex- pected. The military is reported as reliable. Cavalry detachments are patrolling the city. EaTog OAIIIBTF STANDS BY CZAR. Sustains Position Taken by Him on Universal Suffrage Question. ST. PETERSBURG, Dec. 22.—At a ses- sion of the Cabinet, presided over by Em- peror Nicholas, it was declded that uni- versal suffrage should not be granted. It is difficult to judge whether the gen- eral political strike can be ranked as a euccess or a failure. The authorities are hewildered by the strength of the strik- ers and the strike has reached formidable proportions in 8t. Petersburg, where, even according to the officlals, over a third of the workmen obeved the order of the ‘Workmen's Council. The strike leaders are confldently asserting that the. others will be brought into line immediately. The Governor. however, has succeeded in keeping raflroad traffic out of St. Peters- burg moving with reasonable regularity. The scanty dispatches received from the interior do not indicate whether the order to strike is meeting with a general re- sponse, which will be necessary to pre- vent it flashing in the pan like the No- vember strike. 5 The Government, while entering on a vigorous offensive campalgn against the revolutionary leaders and making arrests by the wholesale, maintains an air of caim confidence. It has issued a reassur- ing communication, declaring that all necessary measures have been taken to prevent disorders. The proletariat organizations are mar- shaling all their forcés. The prevailing Impression is that with the limited funds at the disposition of tne unions the strike must spread rapidly and enter a new and more violent phase, or the game will be lost by the revolutionarfes. “General December” and ‘“general hunger” are powerful allies on the side of the Em- peror at the present time, just as they were in fight against Napoleon, and 14 1s thought that the leaders will not ' Frank Willard, a lunatic, shot and killed Sheriff J. H. Smith of Ukiah in the chambers of Judge White yesterday. As the officer dropped the crazed man fired a shot at Judge White, but missed him. The lunatic fled, but was soon cap- tured after an exciting chase, in which an angry mob took part. But for his infirmity the murderer would have been Iynched. S — | Infirmity Saves From Death by Lynching. MamacTnes to Kill Judge of Superior Court. g Special Dispatch to The Call. UKIAH, Dec. 22.—Sheriff J. H. Smith was ghot and instantly killed this morn- ing in the chambers of Superior Judge White by Frank Willard of Hopland at the conclusion of the latter’s examination on a charge of insanity. Willard tried to fire at Judge White, who had been con- ducting the examination, and then fled | downstairs, out of the bullding and down { the street, flourishing his revolver. He ran through the fields, but was overtaken and lodged In jail. Willard is a member of a pioneer family of Hopland. He has been in the asylum twice and has a repu- tation as a hard drinker and bad man generally. This morning Willard was arrested on the charge of insanity and was taken to | White's chambers. The Sheriff took his knife and money and asked him if he had a revolver. He said he had none. The examination had just concluded and the spectators had left the room, leaving Judge White, Sheriff Smith and the Under Sheriff with the prisoner. The physiclans pronounced him insane and the Judge or- dered him committed to the asylum. Wil- lard arose and started to leave the room. When within a few feet of the door the lunatic ‘whirléd about, pulled a revolver from his hip pocket and fired at Sherift Smith. The officer fell to the floor and expired without a word. As he fell he involuntarily pulled his revolver from his After shooting the Sheriff, Willard, quick as a flash, fired at Judge White, who was only four feet away. The bullet struck the edge of a door near the Judge, which was open, and swerved from its course. Willerd fled, but inside of five minutes 100 men and boys, armed with rifles, shot- guns and pistols, were after him. He cut across a hop fleld toward Vichy Springs crossed the Russian River. Rufe and Tom Lucas, armed with Winchesters, hur. ried out to the Vichy road in a delivery wagon and came upon Willard just as he started Into a canyon and fired several shots. When the bullets began to sing aboldt his head Willard threw up his hands and surrendered. His captors hurried back to town, being jolned on the way by half a dozen offi- cers. Upon reaching town the fugitive and captors were met by an enraged mob. One man caught theilr norse and was | dragged a hundred yards, another brought a rope, and the other people called for the murderer’'s life. The captors fought off the mob, threatened to shoot any one who interfered, and hurriedly pushed their way to jail. Willard, pale as a ghost, and crying for mercy, fully real- ized his danger. At the jai! the mob became more dem- |on.¢nuve and closed in on the prisoner. Muny blows were rained upon those who heid Willard. A dozen prominent men ran into the jail entrance and made a plea for the insane man. ‘“He is only drunk,” cried back the mob, making stronger efforts to take the prla'umr_ from | the officers. ‘Willard was finally landed in jail. When | He was elected Sheriff in 1388, and again in 1902. chuomotmomlkmuht fcials the county ever had. widow e wn children, an aged fath- * | Him Such jurors are a menace to justice.---Statement by District Attorney Byington. BULLET SPED BY A I THE SHERIFF OF MOB CLAMORS FOR LIFE OF SLAYER £ ATIC KILLS . — S TS | CHILD CARRES BULLET N BRAN Remarkable Recovery of Tot ‘Who Was Shot in Head by Playmate Two Weeks Ago e i, CHICO, Dec. 22.—An examination with the X rays has established the fact that little May Atwater, aged four years, who carries a twenty-two-caliber bullet in her brain, has completely re- covered from the injury. Two weeks ago the child was accidentally shot by a six-year-old playmate. The bullet entered the skull near the corner of the right eye and that it penetrated the brain matter oozed from the right ear. Although death was predicted, the Harvey. The wound could be traced through the skull and into the brain. decided to in- SHERIFF WHO WAS KILLED BY A LUNATIC AT Ul CRAZED MAN FIRBD A bullet could be the density of the an operation for - missile. } i YESTERDAY. AND | OT BEFORE MAKING RETRIAL DENIED TO MRS, TAGGART Judge Eason Refuses to Re- | open the Divorce Case and | Fines Woman's Attorneys WOOSTER, Ohio, Dee. 32.—The motion for a new trial in the Taggart divorce case was overruled by Judge Eason here to-day. Mrs. Taggart's attorneys, who made the motion, took exceptions to the ruling, with the announced intention of carrying the case to the Circult Court. The Judge toek. four hours to give the | decision. - He paid particular attention to the shrinking wretch passed from sight|the brain was obvlous from the fact | the afidavits against himeslf, some of the crowd began to cool off and the dan- | which. declared he was prejudiced and biased in giving the decree of divorce to Major Taggart. He pronounced these fidavits unfair, unjust and unusual for lawyers to makey and said that all the other affidavits were a mass of trash. The attornevs who swore to the affida- vits ef prejudice, he said, were clearly in contempt, apd he imposed a fine o!"m each upon Judge Lyman Critchfleld, Cap- tain James B. Taylor and Judge M. I. . He suspended gollection of the fines until the Ciréuit Court could pass on his decision i the case.