The San Francisco Call. Newspaper, January 10, 1906, Page 3

MILLIONS OF DUNSMUIR ARE NOT FOR ACTRESS. THE SAN FRANCISCO CALL, ‘WEDNE&?DA'Y, JANUARY 10, 1906. — ower court, dec Edna Wallace Hopper Loses Fight for n D g Estate, oot d Dismiss Her eal From Lower Court. FOLI “\'\_ Ll IR TO GIBBET Man Does Want to Be Separated From Pet. lemned it e AR PUBLICANS OF SOUTHERN TOWN PATCHING FENCES Form am Alliance to Co-Operate With | he Main Organizatiom of the State. —The Re- ave and the y this if COOL AND DUNN NO LONGER MEMBERS OF DENTAL BOARD Pease of Oakland and Dr. Dr. Newkirk of Pasadena Appointed by Govermor. THE Medicinc Chesl in every house should have Pond's tract, the old remedy for sprains bruises, at hand for emergen- It never fails to relieve pamn lied promptly and liberally. | and relaxes stiff and sore muscles, supplies the joints pre- ory to athletic feats, and after violent exercse refreshes like sleep. ! is not the same 1lysis of seventy ich Hazel—often same thing’ — n o contain formaldehvde i danger of poisoning use oLD FAMILY pgc DND'S EXTRA when apr bers THi NG's EXTRAC Clupeco Shrunk Quarter Sizes, with tie loop 15 CENTS EACH: 2 FOR A QUARTER CLUETT, PEABODY &CO. MAKEKS 0¥ CLUETT AXD MONARCE SHIRTS Alexander Yesterday in Victoria the H i that Dunsmuir was not deme Not 4 by a Los Angeles Judge county | Garrett | Dunsmuir, stepfather of I “dna Wallace Hopper, are not for est court denied her appeal from the decision nted when he made his will. SOUIETY BELLE - CETS, DIVORCE | Wife of Former Crack Polo Player of Riverside Freed 2R Special Dispa RSIDE, Jan. After months of v over the outcome of the marital | of Robert M. Schwarz, River- s exclusive English set had their | curlosity satisfied to-day when the news reached here that the Santa Monica belle | had secured an interlocutory ‘decree in Judge Conrey’s court in Los Angeles yes terday on the ground of habitual in- mperance Schwarz married Nell Kathleen Spencer ; at Santa Monica in 1501, when but 18 years old. They came to Riverside shortly after the wedding and went to reside in & beautiful home on Magnolia avenue, where happiness reigned v ne for three years. Then the hus- mperate habits forced the to seek refuge with her to The Call, she w enlisted as a private in the d States army and is at present sta- 1 with a coast artillery company at He was secretary of the crack ub of this place, and as his father al Guards of v the divorce proceedings were a matter of international note. DEVILFISH ATTEMPT TO UPSET A BOAT Thrilling Experience of an | Aged Fisherman in | Sound Waters. Special Dispatch to The Call. NEWPORT, Or., Jan. 9.—D. F. Scott, an old, weatherbeaten fisherman of this | place, had a thrilling experience with two devilfish recently. The old man was out in a small boat attending to his fishnets a | few days ago, when he noticed that his boat was gradually tipping to one side. Stepping to the side of the boat the fisher- man peered over to see what was causing the disturbance, when he discovered jthe tentacles of an octopus gradually clutch- ing the side of the boat in an effort to tip it over. Farther down another devilfish was engaged in the same work. This was | too much for the man who had braved the storms for a lifetime, and he turned his craft toward shore with all Bis vigor. Later he visited the spot and found that the meshes of the net in which the devil- fish had become entangled were broken in many places. {ONE MAN IS KILLED BY A MINE CAVE-IN Superintendent Is Rescued i After Hours of Toil by His Men. SAN DIEGO, Jan. 9.—A report has | reached this city that a cave-in has oc- curred at the High Peak mine at Julian, | {in the mountains, seventy miles east of | here. Sidney Pettitt, a miner, is said to | have been killed, and W. W. Boswell, the superintendent, is reported probably fa- tally injured. Alater report says that Superinténdent { Boswell, after hours of tofl, has been res- cued, but it is feared he cannot recover. | He is widely known in mining circles and | formerly resided in Los Angeles. The body of Pettitt has not yet been recov- ered. i [ { ey Missing Man Returns Home. VICTORIA, B. C, Jan. $.—John Hous- ton, M. P. for Nelson, who disap- peared a few months ago and was later located at Goldfields, Nevada, returned yesterday to clalm his seat in the Pro- vincial Legislature. As a member of that body creditors are unable to pro- L3 | | | l ACTRESS WHO WAS YESTERDAY 2, DENIED A SHARE OF THE MIL- LIONS OF A. DUNSMUIR. CHILD OF S MERTS. PANIC N SCHOOL Calmly Calls Attention of Teacher to a Blaze. f—— Special Dispatch to The Call. CHICAGO, Jan. 9.—A tiny wreath of clear, blue sm&ke curled up out of the ventilating flue in room 22 of the Parkham School, and a tiny tongue of yellow flame caressed it playfully as it arose. Mabel Peterson watched it for & moment and then raised her chubby little hand for permission to speak. Mabel was only 6 years old, but she had already been a pupil at Park- ham School for more*than six months and knew better than to talk without word of permission from “teacher.” “Well, Mabel, what is it?” Miss Mar- garet Hennessy, the teacher, asked. “Please, teacher, they’'s a fire,” and the chubby hand again rose to point a tiny finger toward the now merrily dancing ;plndles of flame in the ventilating ue. Hiss Hennessy saw the fire and, form- ing the children into line, gave com- mand to follow her. Then, stopping in the corridor, she sounded the fire gong, and In answer to the well rehearsed precepts of the fire drill more than 1500 children and probably forty teachers marched safely out of the building. What would have occurred had Mabel Peterson sprung wildly to her feet and cried out at the top of her shrill voice wnen she made her discovery the teachers cannot say, The fire was ex- tinguished a few minutes later, with only slight loss. ———————— PENNYPACKER OUT FOR MORE REFORMS Issues Supplementary Call for Extra Session of the State Legislature, * HARRISBURG, Pa., Jan. vernor Pennypacker to-day issued supple- mentary proclamation to his call for the extra session of the,Pemnsylvania Legislature which will convene next Monday, so as to include authority for the primary election system, civil service for State officers and the regu- lation of electiof expenses. He also amends his original call so as to enable the Legislature to pass a bill for the consolidation of the cities of Pittsburg and Allegheny, eminent lawyers having contended that it was impossible to pass such a bill under his original proclamytion. 3 The Governor's supplementary ecali ‘was a great surprise to his official ad- visers, not one of whom thought he ‘would make any change in his original call, despite the pressure for a uni- form primary election system und a new ballot law. Among the subjects mentioned in the original call are personal registration, State Treasury reform and Senatorial and Legislative reapportionment, ceed against Houston for a month prior, a month after or during the ses- sion of the House. —_——— Ask the man who knows. The American Cigar, by Regensburg, is the best.® | CAYNOR-CREENE THIAL BECINS |Men Accused of Defrauding the Government of a Big Sum Are at Last in Courf LEGAL TILT AT START Effort Is Made to Have the Two Released Under the Extradition ~ Agreement SAVANNAH, Ga., Jan. 9.—After four years spent in exile as fugitives from the law, Benjamin D. Greene and John F. Gaynor appeared this morning in the Federal Court for the Southern District of Georgla, before Judge Emory Speer, to answer to several indictments charg- ing them with conspiracy to defraud the Government, with embezzlement and with recelving money known to have been embezzled from the United States. With the two defendants appeared Colonel Peter W, Meldrim, as leading counsel, and Osborne and Lawrence as assoclate counsel. For the Government appeared Special United States Attorney Marion E. Erwin, assisted by Samuel B. Adams and General Thomas F. Barr, U. S. A. (retired). Shortly after the convening of court Erwin announced that' at this time he desired to call only the cases of Benja- min D. Greene and John F. Gaynor, making no allusion to the indictments standing against the co-defendants, Wil- llam T. and Edward H. Gaynor, Michael A. Connolly and former Captain Oberlin M. Carter. A plea in abatement was read by Colonel Meldrim holding that the court was without jurisdiction because the charge of conspiracy upon which the first bill of indictment had been found was not an extraditable offense under the treaty obtaining with Canada. He asked the court to discharge the defend- ants from custody. Erwin expressed a desire to file an answer to the plea later, suggesting that the case might proceed in the meantime. The court tentatively took the same view. Counsel for the defense objected, how- ever, claiming that the question of plea was of vast importance and that it should be determined forthwith. The in- dictment, sald Colonel Meldrim, was found upon a charge of conspiracy. The British privy council has found that conspiracy is not an extraditable offense, between the United States and the Do- minion of Canada, hence as the defend- ants were extradited he argued that they could not be tried upon an indict- ment alleging conspiracy. This, accord- ing to the defense, would quash the two old indictments. Erwin replied that he would require time in which to formulate his answer to the plea and was given two hours. When the court reconvened argument was begun on the plea in abatement. It had not been completed when adjourn- ment for the day was taken. NAVY ENTERS CITY POLITICS Admiral McCalla Causes a Stir in Vallejo by Bring- ing Out Civil Service Rule —_— Special Dispatch to The Call, VALLEJO, Jan. 9.—The municipal elec- tion, which is nedr at hand, is proving the most exciting and bitterly fought in years. Mayor James Roney is a candi- date for re-election and he has as an Opponent Willlam K. Gedge. Both are Republicans and both are now skirm- ishing to secure control of the Republican convention, as it is not believed that the Democrats will place a man in the field. The latest turn occurred at the Mare Island navy yard at noon to-day, when Rear Admiral McCalla, commandant of the yard, called into his private office Mayor James Roney, City Trustees R. O. Pierce and J. M. Trageskis, Schoo: Directors John Davidson, J. R. Whitaker and F. M. Gorham, and Library Trus- tees G. F. Harrls, T. James Ward and Charles Walsh, and read to them the de- cision of the Clvil Service Commission in its twentieth report which cited the case of a clerk in the office of the army quar- termaster at St. Louls, who was elected to a position as City Trustee of one of the suburbs of that city and who was ordered by the War Department to re- sign his political position or to give up his clerkship. The gommandant stated that for some time hg had been aware of the apparent violation of this rule by the officets he had summoned, but did not call atten- tion to the matter until this ;ftime as Vallejo is on the eve of a city election. The other employes of the yard who were present had little to say, but Mayor Roney, who is one of the Republican leaders in Solano County, called the com- mandant’s attention to President Roose- velt's recent letter on the same subject, which stated that it remains with the head of the department in which the employe s enrolled whether the spirit of the commission’s decision was being violated. The Mayor also spoke of the fact that out of the voting population of Vallejo tHere are but a few who wo be eli- gible to hold office if the yard employes were barred. The commandant stated that he would write to the Navy Department before taking final action in the matter. It has been years since there was such a pro- found stir in local polities. Glass Tavks Replace Oak Casks. Soecial to The Call. ST. LOUIS, Jan. 9.—The Pfaudler Co., of Rochester, N. Y., h‘\.k’“.‘ installed at the Anheuser-Busch ‘Brewery 200 of the largest glass enameled steel tanks ever manufactured, at a cost of over half a million dollars. These tanks weigh 16 tons, are 70 feet long, ¢ feet in diameter, and hold 1000 barrels each. v Mr. Adolphus Busch, president of the Anheuser-Busch Company, states that this is the initlal shipment and that glass tanks have been fous 8o vastly lnper:xr‘to wz‘mda‘r; tc;lk!t m’“; !ll: has decid 0 equip al e si ouses with these tanks, which will invelve an expenditure of several million dollars. SCORES OF WOMEN SEE MAN’S LEAP TO DBA’ Despondent Person eels in Prayer on High Roof and Then Dives Off. ] NEW YORK, Jan. 9.—After kneeling in prayer on the eop_ln* of a five-story tenement house to-day, while scores of women watched him, a man known as, William Ell! James Fraz and also as dived head first to his struck with such force roof of a building that his body cut became wedged fast MEET IN DUEL |THOUSANDS WILL COURT UPHOLDS T0 THE DEATH GO ON STRIKE, EXCLUSION ACT Colorado Sheriff and Police- man Engage in Mortal Combat on a COUNTY OFFICIAL SLAIN AR His Antagonist Receives a Bullet Through the Lung and Cannot Recover DURANGO, Colo., Jan. 9.—Sheriff W. J. Thompson of La Plata County and Police- man Jesse Stensel of this city exchanged a dozen shots with revolvers on the main street here to-day, and both were mor- tally wounded. Thompson dled this after- noon. There had existed a feud between the two men since the late election, when both were candidates for the office of Sheriff. Sheriff Thompson had resided in Du- rango twenty years, and during the entire period had held some position connected with the constabulary. For a number of years he was City Marshal of Durango. In addition to the political differences between Sheriff Thompson and Policeman Stensel there was friction between the police department and the Sheriff’s office over the question of open gambling. Sher- iff Thompson had insisted that gambling must stop in La Plata County. It is re- ported that hot words on this subject were exchanged between the two officers before the shooting was begun. “He murdered me,” were the only words spoken by Thompson after he was shot. ““Thompson started the fight,” said Sten- sel. “I shot because I did not want to be killed. I am sorry now that we both lost our tempers, but it was a fair, stand-up fight.” Stensel was shot through the right lung and it is believed he will not recover. —_———————— FREIGHT RATE CONVENTION TO BE HELD IN KANSAS Ex-Governor Van Sant of Minaesota to Be Ome of the Speakers. WICHITA, Kans, Jan. 9.—Many dele- gates have already arrived In this city to attend the State freight rate conven- tion, which will meet here to-morrow. The convention will be held for the purpose of forming a State organization to influence freight rate legislation both in the' State Legislature and in Con- gress. It Is expeccted that fully 1000 delegates will be in attendance in the conventign, representing all interests of the State. The principal speakers will be ex-Governor Van Sant of Min- nesota and Speaker I L. Lenroot of ‘Wisconsin. ————————— ONE TWIN BORN LAST YEAR; THE OTHER WAITS TILL 1906 Babes Have Different Birthdays, Al- though Arriving Only Seven- teen Minutes Apart. OSHKOSH, Wis, Jan. 9—Mrs. Nan Hansen, wife of a motorman employed by the Winnebago Traction Company of this city, has given birth to twins born on different days and in different years. The first of 'the twins to ¢éome into the world appeared at 11:55 p. m. on De- cember 31, 1905, and the second arrived at 12:12 a. m. on January 1, 1906, just seyentsen minutés inte: Dbetween the births. 7 i $4F (P53 Street | National Walkout in the Building Trades Scheduled to Take Place Thursday ACTION SYMPATHETIC Workers to the Number of More Than 200,000 Will Be Out of Employment rEE R R NEW YORK, Jan. 9.—A national strike against employers in the Allied Building Trades will be ordered on Thursday. It will affect 10,000 structural iron workers| and indirectly throw more than 200,000 workers out of employment. The strike was asked for by the Greater New York Council of the Housesmiths'| and Bridgemen's Union, which at a secret meeting decided to seek assistance in their strike in this city. The New York employers have contracts in many of the principal citles through- out the country, which will be affected by the national strike. SKYSCRAPER CHURCH PLANNED IN CHICAGO | Edifice to Be Erected at a Cost of One Million Dollars. CHICAGO, Jan. 9.—Chicago's tallest church will soon rise at Washington and Clark streets, if plans which were| launched last night are carried to com- pletion. These plans contemplate a $1,000.- | 000 skyscraper on the site now occupied by the First Methodist. Church. Within the great bullding will be a huge auditorium for the accommodation of the worshipers. The rest of the bullding will be devoted to offices. Steps to improve . the property were taken at a joint meeting of the First| Methodist and the Trinity Methodist churches. A committee of three was ap- pointed to memorialize the trustees of the property to begin work on the improve- ment at once. _—————————— MONTANA BOND ISSUE KNOCKED OUT BY COURT Normal College and Other State Insti- tutions May be Foreed to Close. HELENA, Mont, Jan. 9.—By a de- cision rendered to-day by the State | Supreme Court, $450,000 of bonds of the State Normal College and other State Institutions are invalidated. A speclal session of the Legislature may be necessary to straighten out the tangle, and until this is done several State institutions may be compelled to suspend activities. On the advice of Attorney General Galen, State Treasurer Rice recently declined to pay warrants drawn against the State Normal School fund. The Attorney General maintained that | money. received from the sale of State | school lands had been illegally invested in bonds of State institutions and that the funds derived from such bond sales could not legally be used. This con- tention the Supreme Court upholds. Congressional Measure De- clared Valid in Barring Chinese From the Country CINCINNATI DECISION Law Continues in Force the Provisions of the Treaty Which Recently Expired CINCINNATI, Ohio, Jan. 3.—The case of Hong Wing against the United States, involving the Chinese exclusion act, was decided in favor of the Urited States to-day in the United States Cir- cuit Court of Appeals in this city, the court holding that the act of April 7, 1904, continued the exclusion act in fuli force, Congress having full power to do so. Hong Wing is one of six Chinese who had been ordered deported under the new Chinese exclusion act. The cases heing identical, this decision will apply to all sitx. The attorn tor the Chi- nese maintained that the exclusion act was void and that their clients could not be deported. The decision was announced by Judge Richards, who said that the main point presented to the court was whether the act of April 7, 1904, continued the Chi- nese exclusion act in force, and the court was satisfied that it did do so, without reference to any existing treaties. The act was passed in view of the expiration of the treaty, and it continued In force the provisions of the treaty. Congress has the power to modify, reject or concur in treaties, and it did what was wholly within its power in passing this act. The decision of the lower court was therefore sustained and the appeal dismissed. —_———————— PHILADELPHIA POLITICAL BOSS ADMITS HIS DEFEAT Durham Releases His Friends From Their Obligations to Him- self. PHILADELPHIA, Jan. 9.—Israel W. Durham, realizing that the disruption of the organization of which he was the undisputed leader is complete and that party machinery has been captured by the Lincoln Republicans, has re- leased his friends -from their obliga- tions to himself. He h: id them to look for their own Int: its and to make the best terms possible with the men who are back of the mew ward leaders’ combine. ACCUSED OF ILLEGALLY FENCING PUBLIC LAND Members of Big Sheep Company of Montana Appear in Court. HELENA, Mont., Jan. 9.—. B. Smith, W. W. Slatt and W. J. Walsh, the first two members of the Smith Sheep Com- pany, one of the largest concerns in the State, were n the United States Court to-day and pleaded not guilty to indictments returmed by the recent Grand Jury, charging them with unlaw- fully fencing the public domain. This leaves ten more of the secret indict~ ments yet to be made publiec. An Opportunity for Saving Here’s the story in a nut shell---a general round up of small lots---six of this, and seven of that---marked to prices that have no bearing on their real value. « 4.Cof Sui $12.50 and $ Make up your mind That Were $11, For example: $7.85 to “see what they 14 Now look like”—this picture will give you an idea what to expect. Besides, you know our reg- ular prices are, by big odds, the best values—— so we need only add, you’ll find your size in some of this season’s at $7.85. ° uits Miny of these suits sellers—styles that most —that’s the reason only a That Were $25, $12.50 and $15 Now prettiest patterns m‘ $12.65 were our liveliest people like the best few of each remain. The range of color effects, designs and styles is large, and among them you'll surely find -a pleasing pattern. Choose from these 13§, $17.50, $20, $25 suits at $12.65. Powell and Elis and 740 Market Strect