Newspaper Page Text
PART TWO
VOLUME CXI.—NO. 141.
CONBOY FOUND GUILTY
Verdict Is for Manslaughter
JURY ADDS PLEA
FOR CLEMENCY
OR PROBATION
Former Police Captain Will Ap=
pear for Sentence on Sat
urday Morning
Michael Joseph Conboy, on trial for
the fifth time for shooting and killing
Bernard Lagan in Fillmore street
nearly three years ago, was found
guilty of manslaughter last night. He
tvill be sentenced Saturday morning at
10 o'clock by Judge B. V. Sargent of
Monterey county, who has been con
. ducting the case in Judge Dunne's de
partment of the superior court.
The trial, which was shorter than
any of the preceding ones, was brought
to a close early in the afternoon and
the caso went to the jury shortly after
S o'clock. More than five hours were
* spent in deliberation over whether a
recommendation for clemency should be
made in favor of the former police
captain. The final verdict was as fol
. lows:
"Wβ, the jury, find the defendant,
Michael Joseph Conboy, guilty of man
slaughter, with recommendation for th»e
mercy of the court; if possible, pro
bation."
Conboy, with his two daughters, who
have been at his side since the begin
ning of his trouble, heard the verdict
without change of countenance, and
later all three thanked Judge Sargent
Tor his fairness in handling the trial.
Outside in the corridor, however, the
young women burst into tears and had
to be escorted home.
Xo change was made in the amount
of bonds under which Conboy is held,
and with the consent of Assistant Dis
trict Attorneys Brennan and Cunha,
who prosecuted the case, he was not
Taken into custody. Joseph J. Dunne,
one of counsel for the defense, accepted
responsibility for Conboy's appearance
Saturday morning.
.' The record of trials of the former po
- lice captain is unique in the legal his- I
tory of the state. When the crime was
> ommitted, July 23, 1909, Conboy was
head of one of the police companies, bait
.was addicted to drink. While man in
toxicated condition he shot Bernard Lα
gan, a young business man, who had
tried to help him out of a Flllmore
stFeet gutter.
Conboy was dismissed summarily from
the department, but no criminal charge
was brought until October of the same
>ear, when Lagan died from the effects
of the wound and Conboy was held to
=inswf>r to the charge of murder. Early
•i the year 1910 he was brought to trial
for the first time in Judge Dunne's
court.
Self-defense was the plea of the pris
oner, and he has held to this during
the succeeding trials. On February 17
1010, the first trial ended in a disagree-
The Tendency of Every Man Is
To Live Up to His Name
Wherever you find a good name you will find some man trying to live up
to it. Character follows reputation far more quickly than reputation follows
character. No one ever lost his good name except through folly.
What the world thinks of a man is the very best moral tonic that is sold
under the label of philosophy.
And it is the same with merchandise as it is with men. The nameless
thing is dreaded everywhere, while the thing with a good name is usually
good because you expect it to be.
#
Men grow proud of their products. You will find a manufacturer saying
'This shoe has got to be good because it bears my name." You will find a
canner saying, "I can not use lye any more than I can tell a lie.' . You will
find a clothing manufacturer saying, "If / am 'all wool,' my clothing must
also be all w001. , '
And so it goes with every single product that carries a brand or a name.
Whenever a man sets a standard, he strives to live up to it; and whenever
the world sets that standard, he doubles the effort.
Which simply means, if you want the best, you must ask for the best.
And every time you ask, you make it better.
There is hardly one of you readers who does not know the name of every
good product on the market. From clothing to sugar and from hosiery to
baking powder some good name is indelibly fixed in your mind, yet, when
you ask for an article, most of the time you do not use that name.
And every time you fail to do so, you discourage the maker, you lower
the standard for yourself and you allow some inferior thing to gain in strength
and capacity.
Let this go home in your mind: You set the standard of merchandise.
The maker follows your ideals. Adulterations creep in through your laxity.
Whenever you ask for any old thing, you get it.
While you are reading the advertising news in this paper today, make up
your mind to ask for what you know to be good; to learn what is best and
demand it and to have no parley with the nameless things of trade. Ask
for California made goods. -..^
MICHAEL /. CONBOY.
ment, with the jury standing 11 to 1
for conviction.
The second trial was begun at once
and ended April 2 in his conviction for
manslaughter. He was sentenced to
seven years in the penitentiary, but car
ried an appeal to the higher court, and
in December the district court of ap
peal granted him a new trial on the
basis of an error in Judge Dunne's in
structions to the jury.
The third trial, in which Judge J. J.
Trahucco of Amador county presided,
ended August 4. 1911. in a disagreement,
with the jury standing six to six. The
fourth trial, which followed imme
diately, with Judge M. T. Dooling of
Hollister on the bench, also ended in a
disagreement, and the jury was dis
missed September 1 after failing to
break the deadlock. Tn this trial the
final vote was six to six, as in the third.
During the trial which closed yes
terday Conboy frequently tripped over
the testimony he had given before,
while the prosecution presented an
array of evidence that was overwhelm
ing. It was stated last night that the
jurors did not question his guilt, but
that two of the members were of the
opinion that he had be*»n punished
enough. Under the statutes the sen
tenc-p will be from one to ten years in
state's prison.
The morning session of court, as well
as the early part of the afternoon yes
terday, was occupied by Assistant Dis
trict Attorney James Brennan with his
closing arguments for the prosecution.
Jurtjffp Sargent commenced his instruc
tions to the jury at 2:40 o'clock.
In charging the jury, the court out
lined thf» general doctrine of self
defense, in which it maintained that a
man may go so far as to take life if he
has reason to believe that his personal
safety is attacked. In the testimony it
had been shown that Conboy had called
I.agan a pickpocket and a thief. Judge
Sargent said that this was not sufficient
excuse for to attack the former
police captain.
Attorneys James Brennan and Ed
ward A. C'unha of the district attorney's
office conducted the case for the state.
Oonboy was defended by Attorneys Nate
C. Coghlan and Joseph J. Dunne.
J. R. HAMILTON
Former Advertising Manager of IVanamaker's, Philadelphia
Copyright 1912
THE San Francisco CALL
SAN FRANCISCO, FRIDAY, APRIL 19, 1912.
FORTS AT THE
DARDANELLES
ARE SHELLED
Italian Fleet Maintains Bom*
bardment for Two Hours;
One Vessel Damaged
Warships Also Fire on Barracks
and Ammunition Depots
on Samos Island
CONSTANTINOPLE. April 18.—It is
officially announced that 27 Italian war
ships today bombarded the forts Kilid
l*l-Bahr and Sedd-Ul-Bahr here at the ,
entrance of the Dardanelles for two and j
a half hours. They then withdrew, j
One Turkish soldier was killed.
It is reported that in the return fire 1
from the forts a shell struck and badly j
damaged one of the warships. The
porte has proclaimed a blockade of the
Dardanelles.
Another fleet of Italian vessels bom
barded the barracks and ammunition
depots on Sumos island.
The sultan, in his speech at the open
ing of parliamen today, referring to
the war in Tripoli, said:
"We desire peace, but that peace
must be on the condition of an effective
and integral maintenance of our sov
ereign rights."
It has been rumored for weeks that j
Italy contemplated a renewal of naval
action in Turkish waters, and the Ital- I
ian fleet was said to have approached
within 50 miles of the Dardanelles a
month ago with the intention of occu- |
pyir.g some of the islands.
In consequence of these reports the
Turkish military authorities reinforced
the garrisons near the Dardanelles and
the Turkish government notified the .
foreign powers that the Dardanelles \
had been mined and that it was neces- ;
sary for vessels passing through to |
employ local pilots.
SAN RAFAEL CHORAL
SOCIETY TO GIVE CONCERT
[Special Dispatch to The Call]
SAX RAFAEU April 18.— The third
concert of the San Rafael Choral so
ciety will be given at Hall Rafael to
morrow evening. Among those on the
musical program is Henry Perry, who
Fang several bass solos in the recent
performance of the "Stabat Mater," with
Tetrazzini at the Greek theater at
Berkeley; Herman Perlat, musical di
rector of the society: Carl Anderson, a
prominent tenor soloist in New York
city; Mrs. Perlat and Belle Thome,
known to theater goers at the old
Tivoli in Sa.n Francisco.
INCREASE OF AERIAL
MILITARY FORCE URGED
NEW YORK. April 18. — An urgent
demand that congress take immediate
action to increase the aerial military
forces of the country is on its way
to Washington today, signed by the
board of governors of the Aero Club of
America. The resolution declares that
France. Russia, England, Italy, Ger
many, Austria and Japan already have
realized the value of the aerial arm of
the service and have taken steps to
equip themselves suitably.
Dorr's Actions Are Believed
To Indicate Insanity Plea
From left to right are: Chief of Police Briare, Officer Jack Cayon, William Dorr and Detective Donahue, prin
cipals in the Marsh murder case and the man hunt that resulted in the arrest.
Stockton Police Chief Says He Has Evidence of Documentary
Character That Will Convict Accused Man of Murder
STOCKTON, April 18— That William
A. Dorr, whom the authorities believe
journeyed across the continent and
murdered his aged uncle, George A.
Marsh, near Lynn, Mass., intends to
plead insanity is indicated by his ac
tions. Today Dorr occupies a cell less
than three blocks from the motorcycle
shop where up to a few weeks ago he
enjoyed the confidence of many friends.
"I believe that Dorr intends to at
tempt the Insanity dodge," said Chief
Briaro this morning. "Every action in
dicates it. Tie's a darn fool in many
ways and in others he's pretty keen.
He did what they all do sometimes.
He came back to Stockton when he
shouldn't have, but he's smart enough
to lay the groundwork for an insanity
plea.
"I have positive evidence in my pos
session that will convict Dorr of the
murder of George Marsh. That evi
dence is of a documentary character. I
positively know that he was in Lynn,
New York and Boston, and I know that
wiien he left for the west he traveled
under the name of Wallace A. Dawson.
When Dorr is confronted with the evi
dence that I have he is likely to break
down and confess. However, I will not
go near him for a couple of days, un
less he should send for me.
NO ACCOMPLICE, SAY POMCE
"At first I was rather of the impres
sion that Dorr had an accomplice, as I
did not think he had the nerve to com
mit the crime alone. I now am con-
WESTERN PACIFIC
MAKES ITS REPLY
Residents of Hayward Told That
Present Service Is Quite
Adequate
The Western Pacific entered a reply
yesterday to the complaint of the citi
zens of llayward, who had applied to
the railroad commission to compel the
carrier to improve its service. The
people of Hayward had asked that the
Western Pacific be compelled to run
more frequent passenger trains and
thus establish a commutation service.
In Its answer the Western Pacific as
serts its belief that under the circum
stances it regards its service as ade
quate.
The railroad commission issued an
order yesterday calling: upon the public
utility corporations of the state to file
statements of their earnings and bal
ance sheets for the last two fiscal years.
The purpose is to enable the commis
sion to obtain some understanding of
the financial conditions of these cor
porations, preliminary to such applica
tions as may be made for permission to
issue new bonds.
An informal conference with railway
officials was Held by the commission
for the purpose of considering , tariff
rules.
A hearing was conducted before
Commissioner Eehleman In regard to
the rates to be charged on "return
goods" shipments.
An application was received from the
Rialto Light. Power and Water com
pany for permission to cell its property
to the Southern Sierra Power com
pany. The Rialto company is located
la Saa Bernardino county.
vinted tiiat he committed the deed
singlehanded."
This belief is shared by the Lynn po
lice, who declare that it would be an
easy matter for a man in an automo
bile to kill a companion and dump the
body off the machine down over the
railing's to the rocks below. The L»ynn
police also are of the opinion that the
deed was committed by some one who
knew Marsh and had business dealings
with him. Dorr fits that condition.
That Dorr came here to see Miss
Marsh, his aunt, and that he expected
•to leave the city after seeing , her, is
the theory of the police. This is
strengthened by the fact that under the
overalls and jumpers was as fine a suit
of clothes as any one could wish for.
He evidently was prepared to doff the
disguise and skip.
A IT-NT WONT BE INTERVIEWED
Miss Orpha Marsh, Dorr's aunt and
the woman whom he has repeatedly
nsked to see, absolutely refuses to be
seen by newspaper men. She is staying
at the residence of a neig-hbor, Mrs.
Grace Stewart.
•'Oh, God: I'm sick!" moaned Dorr
this morning as he fell into a chair
in Jailer Shepherd's office and rolled
his head to and fro. He gazed with a
vacant stare and was a picture of utter
dejection. He was on the verge of
weeping, but no sympathy was extend
ed him. When led out of his cell by
Deputy Jailer McAllister, he walked
with a faltering step, and, on coming
face to face with a Call representative
whom he had known for years, Dorr
failed to recognize him.
CACHAPOAL, LOST
IN PRINT, IS SAVED
Terrible Tale of Ship's Destruc
tion Thrilling, but Disaster
Didn't Happen
The tale of the destruction with all
hands of the British steamer Cachapoal
as published yesterday in several local
papers wae thrilling and heartrending.
but, fortunately for the passengers and
crew of the vessel, the disaster never
happened. The only basis for the cir
cumstantial tale of another sea horror
was tho word of a passenger on the
British steamer Queen Helena, which
arrived here Wednesday afternoon, 40
days from Antofagasta.
This passenger reported that the
steamer Cachapoal, a vessel of 1,547
tons, with 80 souls on board, left Payta
for Guayaquil and had not arrived at
the latter port when the Queen Helena
left there about March 22. Hβ said
there was much anxiety in Guayaquil.
The records in the marine depart
ment of the Chamber of Commerce
show that a cablegram was received
from Guayaquil, via London, on March
21, which read: "Steamer Cachapoal
two days overdue from Payta. In
quiries are being made."
This was followed by another cable,
dated March 23, which read: "Cacha
poal arrived. Damage insignificant."
Y. M. 0. A. , 8 SEW OFFICERS— Stanford Unl
rersity, April 18.—The following officers hare
been elected to direct the work of the Y. M
C. A. for the fall semester: E. c Smith '13
president; F. B. Watklne '14, rtce president;
f. C. Hamilton '15. secretary; C. C Close '14
treasurer. The chairmen of the various com
mittees are: R. L. Murray, W; E. Talbot
H. J. Smith, F. A. Lul«, C. A. Chile*. J EL
Hn*he», a B. Needluun, \f. Ctajfc aad W. H.
Blomff
He was taken into the jail yard and
posed for pictures. * As soon as the
photographs were taken he fell to the
ground. He was assisted to%iis feet
and was given medical attention by
County Health Officer Dr. William
Friedberger.
OOKR DYED HIS HAIR
In an effort to evade capture Dorr
dyed his hair and eyebrows brown. The
absorption of the dye, states the phy
sician at the jail, has affected his en
tire nervous system.
When Policeman Gayou slipped the
handcuffs on Dorrs wrists last night
the policeman could not help feeling a
thrill of personal satisfaction. Some
six months ago the police were noti
fied that a man was wanted for embez
zling a motorcycle from a firm in San
Francisco and that a reward of $25
was offered for the fellow's arrest. The
embezzler brought his motor to Dorr's
place of business one night a few days
later and left it to be given some minor
repairs. Dorr identified the machine
by its number and notified the police
office. The next morning, when the
fellow returned to Dorr's for his ma
chine. Jack Gayou snapped the hand
cuffs on him.
In the meantime Dorr hastened to
San Francisco and collected the $25 re
ward for the man's arrest. Gayou
thought that Dorr surely would divide
the reward, but he did not. Instead he
grave Gayou the laugh and made it a
habit to josh the officer about the mat
ter. Now Gayou is likely to come in
for a share of the reward for the arrest
of Dorr himself.
OREGONIANS GO
TO POLLS TODAY
For First Time State Will Util
ize Entire New Election <
Machinery
PORTLAND, Ore., April 18.—For the
first time Oregon will utilize the en
tire machinery tomorrow of the sys
tem of direct primaries elections that
bears its name. A preferential can
didate for president, electors. United
States senators, congressmen and many
state and county officers will be nom
inated by the republican and demo
cratic voters, and at the same time
delegates to the national conventions
will be chosen.
Principal interest centers in the
presidential preferential primary, the
United States senatorship and the nom
ination of congressman in the third
(Portland) district by the republican
party. There has been little campaign
work done by the democrats for any
office. The democrats offer for nom
ination for president Woodrow Wil
son, Champ Clark and Judson Harmon
while the republicans have President
Taft, Theodore Roosevelt and Senator
R. M. La Follette on their ballots. The
Cght for the republican preference has
been keen, and managers of all' can
didates express confidence of the out
come.
United States Senator Bourne and
Ben Selling, a Portland merchant,
have waged a vigorous contest for the
senatorship, and the race is believed to
be confined to them, although there
are four candidates for the nomination
F*ur Portland men are facing Con
gressman A. F. Lafftery, republican, for
the congressional nomination. •
PAGES 11 TO 20
PRICE FIVE CENTS.
LEVEE BREAKS
ADD 25,000 TO
FLOOD VICTIMS
Area as Large as New England
States Inundated by Col
lapse of Dikes
Thousands in Pitiable Plight
From Hunger and Exposure
to Hardships
Rosedale, Miss., and another on the Aγ
' kansas river added 25,000 persons to the
flood sufferers in Arkansas, Louisiana
and Mississippi. The flood had Inun
dated rich cotton country almost as
large as the New England states.
The levee at Angola, La., on the east
bank of the' Mississippi river, broke to
day. Two thousand acres of planted
I cane will be wiped out.
111 MiKlt ASSAILS VICTIMS
The plight of thousands of homeless
persons in the flood district is pitiable.
I Hundreds are marooned in isolated
places. Many have been without food
J for days and scores are suffering from
I want of clothing.
Officials of the national government
have combined force* with the state of-
I ftcials to carry relief.
1 WATER STTI.L RISING
The need of motor boats and skiffs
I for rescue work is extreme.
The water is rising rapidly at Ta 1
i lulah. La. Rescue of the Inhabitants
is taking place.
Railroads are all out of commission
I in the inundated sections, and whatever
supplies are collected can be distrib
uted only by boats.
I Appeal to California
SACRAMENTO. April 1 S.—President
Taft in a special telegram to Governor
i Johnson today th« state executive,
las honorary head of tlje Rrd Cross •>>
ciety in California, to appeal to the
people of this state to come ko.the aid
of the flood sufferers in the Mississippi
The message says
"Conditions of distress resulting from
the flood in the lower Mississippi vallry
have assumed such intensity -ami mag
nitude that it has become my duty as
president of the American Red Cγ©**
I to make known the facts In order that
I the people of the Untted States may
express their sympathy in substantial
• form"."
Ohio Asked to Help
COLUMBUS. 0., April IS. — C.o\-erimr
I Harmon today called on the people of
Ohio to give, aid to the flood sufferers
in the Mississippi valley.
I Relief Ships on Way
WASHINGTON. April IS.—Major Nor-'
I movie at Memphis reported to the war
I department today that constant ;m
--: peals for assistance were reach in ir him
j from Louisiana points and thai deeti
j tution in the flooded districts was in
' creaslns , rapidiy.
The steamer Alice Hi Her, Bfeal from
I Vicksburg, is expected to BistribUte 10
days - supplies at MMlikens Bend, llen
j derson and Atherton. Supplies ha , ' ,
been sent from Monroe to Jena and
Delhi. Below Natchez 1.000 persons
' aro in need. A relief boat has Btarted
from New Orleans northwaid.
The refugee camp at Vicksburg has
been supplied with 16.064 rations ami
10.000 have been given the «-ivil author.
COMMISSIONER TURNER
WOULD TRADE HIS JOB
Permission for Transfer Sought
by Ordinance
OAKLAND, April IS.—F. C. Turner,
commissioner of public health and
safety, who because of poor health has
found his duties too heavy, will ask for
authorization to transfer places With
John Forrest, commfssioner of revenue
and finance, according to a statement
he made today. It is not probable that
I tlie change will be made for sonic time,
if at all.
Turner said today that thf majority
of the council would stand by him if
he asked for the change through or
dinance.
"Turner is a man of wide experience
and the ideal maY fur the position he
holds." said Mayor Mott today. "I do
not think there will be any Hiangt-, at
least not for some time to come."
Forreet was noncommittal as to his
attitude on the proposed transfer.
FERRIS INDICTMENTS
MAY BE DISMISSED
Theatrical Man Denies Guilt of
Breaking Neutrality Laws
LOS ANGELES, April 18.—Assistant
United States District Attorney Robin
son announced today that he would
ask the dismissal tomorrow of the in
dictment charging Dick Ferris, theat
rical man and promoter, with having:
violated the neutrality laws by alleged
activity in Lower California during , the
Mexican revolution which resulted, in
the overthrow of Diaz.
Ferris claimed that he was not to be
blamed because the rebels chose to
proclaim him president of the new re
public of Lower California without his
knowledge.
The cases against Ricardo Plores
Magon and Enrique Magon, brothers,
similarly accused, will be tried later.
VALLEJO FERRY STEAMER
TO BE PUT ON NEW RUN
VALLEJO, April 18.—According to
private information received in this
city the Southern Pacific Railroad com
pany will take the ferry boat oft the
run between this city and Vallejo Junc
tion just as soon as the new ferry
steamer Contra Costa is placed in com
mission. The Contra Costa is to p!y
between Benicia and Port Costa in con
junction with the Solano, and the route
from Vallejo to San P"rancisco or Oak
land will be by way of Napa Junction,
Suisun and Benicia.
ENGINEER STUDENTS HONORED--Stanford
Lnirersity, April 18.—C. U Wyant '12 of
Monterlto. C. S. <;rac<> '12 of Riyera. G. V.
Wallach "12 of Booiiville and A. C. Sandstorm
'14 of Portland. Ore., have been elected to
the Civil Engineering society. A. L. Adam*,
oiiH of the best hydraulic engineers of the oouti-
will address students In civil eogelDeeHng
tomorrow afternoon on "Litigation In Begird
•» Water Works Valn-tloa."
