The San Francisco Call. Newspaper, January 19, 1906, Page 1

THE WBATHER. Forecast fpr January 19, 1006: San Francisco and vicinity—Showers #Z | Frioey; brisx southwest winds. g A G. McADIB, District Forecaster. + THE THEATERS. ALCAZAR—"The Admirable Criche ton.” ALHAMBRA~—"The Prince and the Pauper.” CA!UMNIA—"TD. Innocent Maids."™ atinee. COLUMBIA—""Much Ado About Noth- LAEET SAN FRANCISCO, FRIDAY, JANUARY 19, 1906. PRICE FIVE CENTS. ONCLE Y REFUSES 70 B ORAGGED INTO FIGHT BETWEEN MALADADS Secretary Taft has now before him the reports upon whick he will grve bis decision on the applications of the rival railroads o build wharves on the OQakland side. .Tlte repore of Colonel Heuer 15 1n favor of the Southern Pacific, stating that its application needs no autborization, while that of the Western Pacific needs one which “1t might be injudicious to grant at present.”” But General Mackenzie, Chief of Engineers at Washington, recommends that the application of the Western Paciftc be also granted. WILL SIT UPON HIS IMPARTIAL JUROR IN THE McNULTY CASE STALLS COURT AND STOPS THE TRIAL. A complication that puzzles progress has arisen in the trial of Lester McNulty, charged said he could not render an unbiased ver:fi of Oakland. Juror William Raffetto yesterda iy plead twice in jeopardy if another juror is chosen to take If he is, can McNul arises, Is he disqualified? DISA BILITY Raffetto’s place? DISCOVERED AFTER SWORN IN WILLIAM RAFFETTO. &, MRS, RAFFETTO « William Raffetto Has Change of Mind in Night. Insists That He Cannofi Give Unbiased Verdict. ——— But if'He Is Excused Defendant May Go Free, ND, Jan. 18.—May a man who s unprejudiced and impartial his mind over night, i2 ‘e, be allowed That is what Superior Judge Harris de- clares to be a ‘‘knotty problem.” After listening to some lengthy arguments to- day he continued the case of Lester Mc- Nulty until to-morrow afternoon. And it ie Willlam Raffetto’'s remarkable change of mind overnight that has se ously entangled the trial of Lester M Nulty. With an eye singly to his client’y inter- | | ests Attorney A. L. Frick has passed along to the court the problem. As the situation stood to-night Frick is In the position of gaining a big technical point, no matter how the decision goes. Raf- fetto was selected yesterday as a juror and the full penel being chosen the case | | went over until this morning. Then Raf- fetto sprang his extraordinary statement that overnight he had come to the conclu- sion he could not sit fairly as a juror. Now it is to say whether Raffetto is real- ly disqualified, having once taken the oath, whether a substitute can be se- lected, whether the whole jury must be discharged and a new one impaneled, and lastly and most important of all so far as the interests of justice are concerned, whether McNulty cannot plead ‘once in jeopardy’’ and go free if he is tried by a new jury. The astonishing action of Raffetto is in line with the ipersistent rumor which has been current that politi- cal and personal pressure of the strong- est character has been exerted in Mc- Nulty’s behalf. . McNulty is accused of attacking Miss Dorothy Olsen on the streets of Berke- ley, but the question of his guflt or in- nocence did not come up to-day. It was a question whether Willlam Raffetto, a Deputy City Treasurer and one of the jurors, had a right to change his mind. RAFFETTO TELLS STORY. Raffetto sought Deputy District Attor- ney Everett Brown early this morning and told him a story that convinced Brown that the juror would not be qual- ifiled to sit in the case. When the case was qgalled Brown declared that Raffetto was not on the assessment roll; that he had made the statement that he was a taxpayer while under the impression that his interest in his father's estate entitled him to his claim. There was no attempt made by the prosecution to show why Raffetto had changed his mind, although it was generally stated in -the courtroom and elsewhere that he had quarreled with his wife, whom he has remarried after being divorced, regarding the MoNulty case. It appears that Attorney A. L. Frick, /who_represents McNulty, was at torney for Lemuel Campbell, who is Raf- fetto’s brother-in-law, and who killed his wife, and the argument between Raffetto WILLIAM AS] A BEARING ON B IN OAKLAND. % SPONSIBLE FOR HIS MENTAL THE FINAL SOMERSAULT. HOSE REMARKABLE CHANGE OF MIND OVER NIGHT MAY HAVE OUTCOME OF THE TRIAL, AND HIS WIFE, WHO IS SAID TO Bfi e and nis wife arose over that eircum- stance. ¢ But the cause of Raffetto’s reluc- tance to serve as a juror was not gone SLOCUM’S CAPTAIN IGNORES WARNING Shows Anger When Told by Boy That the Steamboat Is on Fire. YORK, Jan. 18.—At the hearing f Captain Van Scharke of seneral Siccum on a ! negligence and man- the first of the passengers fire on the boat, cauged a the courtroom by his testi- 10 motice the sensation in mony to-day “I saw smoke,” said he. "It smeiled like straw burning. I ran upstairs to the top deck and ran to the pilot house. I told the man that there was fire on the boat.” “What 4id he may®” “He said *Get the hell out of here and mind your own business.’ " “Do you' know who the man was?’ asked the Judge on cross-examination. “Yes; he had ‘Captain’ in gold letters on hig cap.” - Wk Berlietzky, & 12-year-old | GOLD MEDAL ~ FOR CAPTAIN - OF SCHOONER ‘Philadelphians Honor Hero of Cherokee Wreck. —_— Epecial Dispatch to The Call. —_— PHILADELPHIA, Jan; I18—Captain Mark Castro, master of the little schoon- | er that saved the lives of more than three score persons from the wrecked steam- ship Cherokee off Barnegat last Sunday, | was lionized to-night by members of the Clover Club. Captain Castro was the | the lawyers atked him in open court guest of the club gnd the tribute to his | Why hé had changed his mind, and a herofsm was spontaneous and exyberant. | Fumor gained currency that an attempt A handsome gold medal, to which every | had been made to tamper with the jury. member. of Philadelphia’s famous dining | Judge Harrls confined his efforts to organization contributed, was the mate- | deciding on the legality of retaining rial recognition of his bravery. The |Raffetto on the jury. > medal was presented by General Nelson | When the case was called this morn- A Mileg: 'S there was a large crowd in atten Captain Castro was visibly affected | #nce. In fact, it was so large that the when he arose to reply to the general's | courtroom was overfilled and many presentation speech. He declined to ac- | Persons who desired to hear the testi- cept the honor for himself and with char- | mony were forced to stand in the cor- acteristic mpdesty rald that the greater | ridor. ~When Attordey Frick arrived part of the credit for the rescue right- | he could not gain entrance until Dep- fully belonged to his crew. The Cloverites | uty Sherlff Scanlon went to his res- applauded the sentiment and cheered the | cue. Frick made a ¢complaint and captain. The dinner wgs suspended sev- | Judge Harris 1ssued an order that only eral minutes while members crowded | those who could procure seats would around the captain, pleading for his su- | be dllowed in the courtroom. - tograph. Then Mra. Castro, the wite of | ~Tl:en Deputy District Attorney Ever- the captain, was espled in the guests’ gal- | ett J. Brown called the attention of lery and was given three hearty cheers, | the court to the fact that Raffetto had While the dinner was in progress a sub- | s'vorn falsely when he sald be was on scription was started to buy the assessment roll of tro a r. One thousand county. He also said Captain Cas- 3 five hi into in court. The city employe stated absolutely that he could not act im- partially, and that seemed to be suffi- 4 clent for Judge Harris and the prose- cuting attorne Nelither the court nor a2 PR FENCE AND PLEASANTLY URG et “Rindio | IENETUEL M FRANCE NEAR W Naval Demonstra? tion Soon to Be Made. Paris Government Ex- pels Castro’s Repre- sentative. o E SN Will Enforce Reparation for | Insult to Taigny in Caracas. e RIS PAR}S. Jan. 18.—M. Maubourguet, the | Charge d' Affaires of Venczuela here, this _afternoop received the official an- nouricement of his expulsion from French with criminally assaylting a young woman ct. As he has been swom in the question Rouvier and a special commissary of po- | Hce. The Charge d'Affaires showed con- | slderable emotion, but accepted the Gov- ernment’s dectston. He left Paris from | thé Northern Railroad station at 10:13 | o'clock to-night for Liege, Belgiuig, ac- | companied by the special commissary of | police, who was responsibye for his se- curity to the front The Government ed a note to-night stating that M. Taigny. the' retiring Charge d'Affaires at Ceracas, who went | on board the French steamship Mar- tinique at La Guayra to get instructions which were sent in charge of a French postal agent, owing to the seizure of the cable office, was prevented returning to the shore on the pretext that he was not provided with a sanitary certificate, as required by Venezuelan regulations. The instructions sent by the Martinique or- dered Talgny to leave Venezuela, for which purpose the second-class cruiser Jurlen de la Graviere was at the time on | its way to La Guayra. The note says: “Although diplomatic relations had al- ready been suspended for several days, diplomatic immunity cevered the case of | M. Taigny until he had left Venezuelan waters. By boarding a merchantman in Venezuelan waters he could not be con- | sidered as having left the territory of the country, where his position as a diplo- matic representative should have pro- tected him from all vexatious measures. It is for this reason that the French Gov- ernment, in handing his passports to the Venezuelan Charge d'Affaires in France, M. Muubourguet, has been led to take measures to conduct him to the frontier.” BN QU FRANCE TO EMPLOY FORCE. Warships Will Make a Demonstration + om Venezuelun Coast. PARIS, Jan. 1§ —Of#iicial confirmation of Venezuela’'s unceremonious treat- ment 6f Talgny, the retiring French Charge d'Affaires at Caracas, reached the Foreign Office to-day. The Govern- ment immediately decided to adopt the most energetic measures to obtain sat- isfaction. Though the officials will not make any direct statement on the sub- Ject, it is understood that a naval dem- onstration is under preparation, the division of the French warships recent- ly assembled in the vicinity of Vene- zuelan waters being utilized for that purpose. A diplomat confirmed this view of the situation, saying that President Castro's action, though not an absolute forcible expulsion of the French representative, amounted to an act of hostility, since after Taigny had left the shore in perfectly good faith, in order to abtain dispatches from the French steamship Martinique, the Vene- zuelan authorities without warning of- fered armed ‘opposition to his reland- ing. Such an act should not remain unchastised, and France, the diplomat added, would hgve the support of the whole world in demanding and obtain- ing proper satisfaction, even should armed intervention prove necessary. France, it was further pointed out, had shown wonderful patience, but was now driven ‘to extremities. The French Cable Company's officials y they received confirmation this rning of the reports that the man- ‘agers of the company at Caracas and La Guayra had been expelled from Vene- zuela. - The company has about ten ‘other managers charge of dmanntl offices in Venezuela and momentarily e ts to hear that they have been expelled. The officials of the company have brought the matter before the @overnment, which has not yet an- nounced what steps will be taken, but it is believed the United States will be ed asked -to ‘the protection of its representative to these managers. In the meantime M. Maubourguet, the Venezuelan Charge d'Affaires here, having been expelled from French ter- ritory, is placed in an awkward posi- tion. It is belleved that he retains his hip, which would make E THEM O N IN STRUGGLE Colonel Heuer Recommends That the Tracks of Western Pacific Be Removed From Jetty. Corporation’s Counsel Will Be Granted Hearing Before Secretary Taft Reaches Decision. General Mackenzie, Chief Engineer at Washington, Instructs Head of Department Here. Special Dispatch to The Call WASHINGTON, Jan. 18.— Secretary Taft is expected soon to give his decision on the application of the Southern Pa- cific and Western Pacific Railroad companies for permission to build wharves at Oakland harbor. Before his decision is made Secretary Taft will grant a hearing to the attorney of the West- ern ' Pacific Company. The report of Colonel W. H. Heuer on these applications, with the accompanying recommendations and comments of General Mackenzie, chief of engineers, are now be- fore Mr. Taft. The Southern Pacific Company asks permission to build a pile wharf 4250 feet long and 200 to 400 feet wide, with- ont solid structure or fill, running from the bulkhead line into San Francisco Bay north of the Government’s north training wall . The Western Pacific applied for occupancy of the same area and ground, for the purpose of building a wharf with Report of Colonel Heuer. Colonel Heuer’s report follows: “During the last few years the material dredged from the entrance to and for the improvement of th= Oakland harbor has heen deposited ofr the north side of the north training wall, cov- ering an area varying from 400 to 800 feet in width and through- out the whole length (about 7000 feet) of the training wall, mak- ing over 800 acres of land, nearly all of which at extremely low tide, and perhaps half of which, at ordinary tide, is bare. The United States Government makes no claim to title to the land thus formed, as the deposits were made in the waters of San Franeisco Bay, the title to or ‘ownership of which was and is vested in the State of California. Harriman Line Needs No Permit. “Harbor lines have been established covering the locality sought to be occupied by the applicants. The Scuthern Pacific Company does not ask authority to make any wall between the bulkhead and pierhead lines, but simply asks permission to build a pile wharf between said lines. As the proposed wharf or pier is a lawful structure, does not in any way conflict with the river and harbor act of 1899, and if built will not be an obstruction to navigation, it leads me to the impression that in this particular case plans for the wharf applied for do not require the recom- mendation of the chief of engineers or the action of the Secre- tary of War; but that the law itself gives the authority necessary to the company to build the wharf. Gould Corporation Needs Permit. “The application of the Western Pacific Railway Company may require action by the chief of engineers and the Secretary of War before it can be granted, because of the fact that the tracing or map submitted with its application shows a riprap pro- tection or fill about 1800 feet in length on the north side of the line of wharves and approaches, all of which is westward of the bulkhead line—that is to say, between the bulkhead and pier- head lines. This riprap protection cannot legally be placed where proposed without the recommendation of the chief of en- gineers and the authority of the Secretary of War, Bulkhead Not Objectionable. “Tfle placing ol this riprap protection in the waters where shown on the tracing would not seriously affect navigation; the tidal prism which it would displace would be insignificant, es- pecially in view of the fact that a large area, approximately fifteen or twenty acres, is already displaced by built-tip land south of the riprap protection and north of the United States training wall. The wharves, piers and approaches for which the Western Pacific makes application would also not be an ob- struction to mnavigation, but both applicants cannot build wharves, piers, etc., on the same area. “As before stated, the United States Government does not ¢ own the ground upon which hoth applicants desire to build wharves and terminal facilities. One company has already laid a temporary track along the north United States training wall and " has an armed guard stationed near by on the made land adjacent thereto. Tt is alleged that this has been done by order of the Western Pacific Company. Tt has not yet interfered in any way with the Government work at or near Qakland harbor: and as several injunctions have been recently issued by county courts to Continued om Page 3, Columns 6 w< &