The San Francisco Call. Newspaper, January 20, 1906, Page 1

] ,_‘Drary.""_. OTHER PAPER puBLIsf MORE NEWS: THAN ANY FRANQISCO \ < Forecast for Jgnuary 20: Sen Francisco Saturday, and vioinity—Falr possibly morning; light north winde, changing light frost in the to southwesterly. . A G. MoADIB, District Forecaster. SAN FRANCISCO, HAPPY OVER DAY'S DEVELOPMENTS IN GREAT FIGHT RAFFETTO IS TO REMAIN ON THE M’'NULTY JURY. TRIAL 7O BE RESUMED TUESDAY Wife Is Responsible for His Change of Mind. Talks Through Night With Her About the Case. = — = PRICE FIVE CENTS. VOLUME XCIX—NO. 51. SATURDAY, JANUARY 20, 1906. ‘ . ESTERN PACI — BERAL PARTY GAINS ADDITIONAL VICTORIES Yesterday's developments in the great railway war between the Southern Pa- cific and the Western Pa- cific were pleasing to the new company. It won its/ “first skirmish before Judge " Ellsworth, the Oakland Chamber of Commerce sh Nationalists Capture Belfast, One of the Oldest Strongholds of Unionists! hisiod resobitian: e S8 \ B favor and the assurances | — | | from Washington please the company. N 5 ncle Sam’s Soldiers i Will Keep Out of f \ Battle. OAKLAND, Jan. 19.—Despite the inters, ference and threats of his wife, Willlam | F. Raffetto will not be excused from the Jury that will try Lester MeNulty, the former Deputy County Clerk, who is JUDGE ELLSWORTH | GIVES DECISION i ! 1 H ’ - 2 accused of attacking Miss Dorothy Olsen {Jurist’s Opinion Is - T i 1 This was decided upon by Superior | Against S. P. on Demurrer. COMMERCIAL BODY EXPRESSES ITSELF | Judges T. W. Harris and F. B. Ogden, sitting in bank this afternoon, and the case, that has been replete with sensa- | |tions, will go to trial next Tuesday morning, with Raffetto in the jury box. The hearing of arguments regarding the | |lesality of excusing Raffetto this after~ nocn was not without sensational pha.es. { | Attorney A. L. Frick, who has smilingly | |refused to take any part In the discus- | |sions, made a speech at the eonclusion, | |calling on those who had hinted that the | |Jury had been tampered with to “come cut of the brush,” and this statement caused Deputy District Attorney Everett J. Brown to break his silence of yester- day and tell the court what Raffetto had told him regarding the trouble with his wife. It appears that Lemuel Campbell, who shot his wife and who is serving ten years for murder in the second degree, is Mrs. Raffetto’s brothe Campbell was defended by Attorney Frick, but despits |Hears Arguments and| Favors the New || Company. : —— There will be no picturesque assault of | | | the Western Pacific’s intrenched posi- | | j1tons on the north jetty Ao Oakland by | !dunctions tying it up, a clash seemed on LADY MARTORIE SINCLAIR RS HERBERT CLADSITONE TAKEN AN ACTIVE AND AGGRESSIVE PART IN P HAS RESULTED IN A GRBAT BUF AOF ONeinars vrm‘oily = TETRAZZINI MEETS TROUBLE IN MEXICO \Chorus She Took From San Francisco Is : Siranded in the Capital Cizy. Special Dispatch to The Call. EL PASO, Jan. Although he dred miles from home, penniless and out of work, fourteen Americans; nine women and five men, sang for their room rent has been assured at the American Consulate and by attorneys in Mexico City that it would not be difficuit to secure the complete fulfillment of this clause, it may be necessary to walt for some months while the merits of the Question are discussed in the courts. Tetrazzini is sald to have re- the membess of the chorus in she sang last fall. Sang at last night's 18.—Twenty-five to get last night at the Arbeu Theater in Mexico City. They are mem- bers of the phorus of the Itallan Grand Opera Company of which Luisa Tetraz- ncisco, where Tetrazzini, who also ¥ncle Sam's men in . There seemed that faet Raffetto rore-.th he —-— promise- ef ‘b action’in_the report of , e - 2 e = & . | Generat nzie to Beereta &% %, 5 e A Raffetto had attended Campbell's trial f’l’uft.' pablished in The Call yester g 5 and McNulty was the clerk of the court. | morning. The general recommends that BEFRIENDED CAMPBELL. | a telegram be sent to Colonel Heuer, chief | of tLe United States Engineering Depart- | ment in San Francisco, instructing Col- | onel Heuer to order the Western Pacific | |to remove its tracks from the north | jetty, where it had laid them in the haste | of its first day’'s battle for terminal. As the Western Pacific has already an- nounced to Colonel Heuer its inability to | remove the tracks on account of the in- | tire programme. | But after all there will be no muster of | troops, no heating of drums and cry of | | bugle, no rattiing of musketry and shed- ding of erimson blood. The proceedings | will be most calm and suave, | “I have received no instructions vet {about the matter,” explained Colonel - SRS | Heuer to a Call representative yesterday. | “When I do, though,” he added men- { acingly, “I shal! act at once.” “What will be your action?’ he was MISS'DOROTHY OLSEN, THE YOUNG DOMESTIC WHO IS THE COMPLAINING WITNESS AGAINST LESTER MeNULTY, CHA THE SUPERIOR COURT OF ALAMEDA COUNTY. N CHARGED WITH ASSAULT, | prompted, for he seemed to have lost him. |self in the contemplation of his own {frown in the glass door of the book- iahelt opposite him. “I shall,” said the*colonel with a voice | |of stecl and in syllables that hissed; “I | shall write to them and tell them to get off im-meed-diately.” . “And then?' he was again prompted. “And then they will answer me that they cannot obey because the injunctions | forbid them from working on the jetty.” A SOLEMN MOVEMENT. It was a solemn moment. Visions of ! Columbia, outraged at this deflance of | her will, hurling her unconquerable pha- |lanxes upon a lone sea-hemmed rock- | wall, were in all minds. The colonel | |sprang to his feet. His right hand passed jover to his left hip, clutching for the | handle of the sword which hangs there when he is in uniform. But the hand grasped empty air. There was no sword, there was no uniform. And his belliger- ent eyes, sweeping about him in search of the enemy, met only the musty tomes and rolls of maps and reels of red tape| “ 5 among which the brilliant colonelnow: is | forced to spend his life. A beam of Jan- uary sunshine lit up the bald heads of the antediluvian clerks. A strange came over the colone! His drooped, his botly DEPEW FEARS FRIENDS. ARE From Aphasia and Melancholia. Special Dispatch to The Call WASHINGTON, Jan. 10.—Senator Chauncey M. Depew’s friends have been sank like | informed that the dlsease from which & closing accordeon into the ths of his | the Senator is suffering Is aphasia, Boft armchalr. combined with melancholia. He has a “And then?” whispered the reporter | morbid fear that every one has turned breathlessly. agajnst him. 3 A soft-gray humorous light came into| The attack of aphasia was frst no- the colonel’s eyes. ticed about Christmas time. The Sen- “And ihen.” he said, "I shall walt till | ator was suddenly seized while at din- Judge Morrow decides the injunctions.” |ner ome night and for & moment he The reports of Colonel Heuer and Gen- | was incapable of expressing himself. eral Mackenzie as printed in The Call | The first attack was of but short dura- estcrday created much interest at the | tfon, but was followed by other at- (aw offices of the two rallroads. ‘The re- | tacks that have lasted longer. . ports, briefly, recommend that the appli- An Intimate friend of the Senator cations of both companies to bulld along | went to see him a day or two ago. The the north jetty of the Oakland estuary | Senator dld not know him at first. His be granted, thus leaving the question a_ d seemed a blank. Then, after a purely property one to be decided in the time, he_recognized the visitor courts. Thél Western Pacific attorneys and chatted animatedly with him for seemed well satisfied, the Southern Pa- | half an hour and displayed all of his MARNLAND CIRL WEDS AT AGE LEAVING HIM, ~ OF TEN YEARS Senator Now Suffering | Now Brings Suit to Se- cure a Decree of Divorce, # Spectal Dispatah to The Call. BALTIMORE, Jan. 19—For the first time in the history of the local courts, a mother and her daughter instituted suits for absolute divorce yesterday at the same time. Mrs. Katle BElliot and her daugh- ter, an only child, Mrs. Mary Elliot Letp, are the women. Another unusual feature of the case is that Mrs. Lelp was not ten years cld when she was married, and Is | therefore the youngest girl who is known e etiee R Wit thin ssctign L B et Paln explained that he of the country. Attorney Wlison sald that Mrs. Leip was of large size for her age and that In the application for the license, which ‘was obtained by her husband. her age was stated to be 17 years. ——e— WELL-KNOWN HORSE OWNER QUIETLY WEDS IN KENTUCKY Marriage of Peter Duryea and Viela Allen, an Actress, Is Anunounced Mre. Haffetto is alleged to have told friends that McNulty had befriended her brother and he would not suffer as long as her husband was on the jury. When Raffetto went home after being accepted as a juror, he says, his wife insisted on talking to him all ‘night long about the case. The next morning he declared he must be excused from the jury, as he could not serve without bias, and thus he furnished the latest sensation of the sensational case. There is a serious question as to wheth- er Raffetto can be punished for disobeying the court’s admonition not to discuss the case or form an opinion. He is perbips guilty of contempt, but he could not be | foreed to admit it and his wite could not testify unless he consented. When the discussion of the legality of Raffetto remaining on the jury was taken up this afternoon Deputy District Attor- ney Brown read the, Supreme Court deci~ sions in the cases of Lawlor vs. Linforth and People vs. Scoggins. The first was a civil case and the seeond criminal. Rrown sald a juror might be discharged in a civil case,at any time before being sworn and in a eriminal case alter being sworn and before the jury was complete. In the Scoggins case, he said, it was heid that after the twelve men had been sworn and the jury was complete no further chal- lenges could be allowed, even by leave of court Judge Harrisjsaid that the Scoggzing decision had be€n overruled in the Dur- rant case and Erown declared that he had no further decisions to offer. Vihen appealed to Attorney Frick said he had nothing to offer for the enlightenment of the court. “We have no authorities in this State that are closer to this particular case than the ones cited.,” sald Distriet At- torney Allen. “If this juror is excused it must be with the consent of the de- fendant.” “The court feels as you do,” said Judge Harris. JUDGE WILL BE SAFE. “The only possible way to proceed and be safe appears to go on with the jury selected,” remarked Allen. - “That is true and the safe way is the only way that will be entertained by the court,” declared Judge EHarris emphatically, and he sald that if some- thing unforeseen did not occur before next Tuesday he would make the form- al order to that effect. Judge Ogden asked I¢ Raffetto had qualified as a juror before being ac- bad. although he admitted yesterday that he was not on the assessment roil except as the executor of his father's will. _Continuing, Judge Frick said in regard to his conmection with the Campbell case: “Raffetto was examined fully as to whether 1 had been employed in a cer- tain matter that he was intefested fin, and while he adinitted that such was the case, he said it would have no bear- ing on the case—that it absolutely cific men less so. v old-time ability as a eol:?vkv-vnizni:tt. benefit, was the one conspicuous success NEW COMPANY PLEASED. Senator Depew Faomi e P o of the season. She has been mad bear | J. F. Valle, general counsel for the o" Tuesday unexpectedly. No one o more than her share of the burden. wen ' Western c, was gratified with mii’l household here expected him. He mumber | Zini js the star, that recently suspended | its season at that playhouse on account | of the inabliity of the management to | continue the payment of salaries. Unable to get back to their homes in San Fran. | cisch ana unable to get work in Mexico by Thier which a NEW YORK, _,“_' l:-.:.—-un Viola [ would have notbing to do with his ver- t! Allen, the actress, has baen the wite of | 3I°%. | He stated o i S rets;’;:"r: 53'-.':: wmfiw"whm torney's office were cordial. This whole here to-day. Duryea and Miss Allen | Ialter was gone into thoroughly befors B atto was accepted. R U Uy AT AT PO | - va e Gllay the adicnlohment of is largely concerned paign on behalf of the that the newspapers v appreciated the at nm-nlh-‘rnu New York. He seized fivith a severe attack of his :l.lgtm Pacifl ‘that he woul plucky little ‘Woman is not disposed to | reports. ™It is of great ’:‘Mrhnub C et oo s e et a2 “that the United he is endeavoring to turn the temporary | States , and it is stated that |of course.”” he said, Instead took a train Government 7 | deteat into viotory by arransing to begin | tion. While such & bermit is only the e. ¥ - o City, th chorus peo- the wa 10 the = by the Labor party or | CIt¥. the condition of these | amew with a different management, If | ginning of our fight, & refusal of it be. fos while on y ville, Ky. S et e orie et the Question | ple s Infufidly Worke Uinh heC Df 'the |.the plan dRccesds. eitherdtha Asves onad Ll il cha't | Caital and his relatives " thought it Fcionis who made. the. anncunce- (150 SRUIT aAed Tudge Opden. « © free trade was merely | principals, who at least point to fat ac- | other theater in the Mexican capital will |1t That the report is aiso in vor of |best to take him to New York and|ment of the marriage to-day said that lowad some one to talk. to him,” re. - e real gituation being that | counts of back Day. be the scene of her renewed efforts, the Southern Pacific application ‘does not | Seek medical «:on-\xltafl»:‘:l According | it had been kept a . UDa s TR ) e S Bttt sud T T vropaganda had cut the | According to H. A. Adler, a husky cho-| Trouble hot and heavy fell upon the|bother us. We are in possession ahead |0 dispatches, that consultation was time because of Miss Allen's theatrical ‘eaused Frick to say: g Clasees clean wway from: thé | ruy man, who bears some -resemblance | mAuAgement: of the' ecun season. held -to-day. No one is allowed to for this season. v The chlef barytone and the biggest basso already left for Vera Cruz to, ullh.n;: TALK OF TAMPERING. engagements fo - SYRA N. Y. Jan. 19.—Miss & “There has been some hint that some CUSE, ‘Viola Allen arrived in this city this aft- U nionists Sir Edward Grey {10 Jeffries, every member of the chorus : ord ,“l.n.'- Paulding, his N e ToColin | | e » omilrs e e L Affeirs, speaking at Berwick to-night, Italy. Barrera, the, tenor, whose lm,fi-—m temporary charge of | ernoon ‘to” play a two days’ engage- | person on the jury had been tampered id that the wage-earners of the country | the ono ho bas. The contract held by | 1o Meris Bad beer heraiden rn Somalis his aftatrs. ; frent.‘Bhe . t0 recelve | with or an attempt had been made to re beginuing 1o take things In their | Adler is signed by J. Isunza. One clause | of trumpets, is sald to have started’sult 4 e re s. When the i announce- | tamper with him. It is the desire of he did not fear a |in this contract provides that the man- | for a large amount. k Convicts n Fiend. ment of her reported wedding was sent,| the défense that If any person has n n ~ SAN xm OBISPO, ~ Jan. 19.—Affer two hours' deliberation & jury returned agement must pay fare from San Fran- cisco to Mexico City and back. The first to her room at the hotel. with the re- he knowledge of such a thing quest that the story be confirmed or who made a good impression, remains, and is willing come out of the brush and state « Jabor leaders yere | to continue. vractical men. fol- | that though there would | part of the contract was falthfully car-| Hazel Eby, one of the chorus gir| ot of against H W. - | denled, it ‘was Yeturned by the #t {a 'And in saying this T feel ¢ A ].d»b' gislat ;:b‘c:m such | ried out. saved enough | for st !!!Io‘ R m“’m le was charged nmm' with the statement: every concerned in this caseq feels reforms Wou reaso; - ris- : b and The gecond part of the contract, accord- ing to Adler, has not been adhered to. tical money o = t on Page 4 Column &