2
THIRD TERMERS
ARE ARRAIGNED
IN HIGH COURT
Electors of Johnson=Moose Ma=
chine Face Charges of
Perjury and Fraud
Their Triumph in Legal Battle
Would Mean Assassination
of Great Party
of the state machine's preference pri
sts that it be allowed to
o*e the name of the republican party to
npllsh the defeat of that party and
meat of its members in
If the national progicaslw party laj
pp- to consummate its steal of j
the republican nnme in California, the
"lectors of California v.:!! be confronted
on election day in November with a
thr-ket labeled republican but composed
of men pledged to the candidates of the
national progressive party.
To the hundred* of thousands of
earnest republicans—men and women —
at California that situation will present
two alternatives. The republicans- who
go to the polls zru ''> from voting
for electors or vote for the candidates
of one of two parties, both antagonis
tic to their party and the principles of
their party. Unless the supreme court
decides that, machine made statute to
the contrary, a member of the progress
rty ife' not a republican, the Cal
i ala men and women who want to
c far Taft and tb=> republican plat
form will be denied that right.
The petition filed yesterday by the
republicans necessarily was voluminous,
Involving as it did the history of the
republican party.
The republican contention Is that
there is but one republican party—*
that party which in national convention
nominated William Howard Taft and
James S. Sherman for president and
vice president.
OATH SAVORS OP FERJI'HY
Every legislative nominee who
voted for the progressive party ma
chine program in the State convention
in Sacramento was obliged to take a
solemn oath to get his name on the
primary election ballot. He swore that
hfl was a republican and that he would
support a majority of the candidates
of the republican party.
A majority of the men who partici
pated in that convention subscribed to
that oath after President Taft had
been renominated and the platform
had been adopted by the national re
publican convention in Chicago. Many
of them took the oath after the call
for the national convention of the pro
gressive party had been issued.
They took the oath because they
needed republican voces to nominate
them to the legislature. Subsequent
develpoments proved that they took it,
fully intending to break it. They took
It. fully intending to betray the repub
licans of California and to deliver them
to the candidates of a party then in
process of organization.
The republicans request the supreme
court to decide that false swearing doe**
not make a member of the progressive
party a republican, and that when the
majority in the state convention for
y espoused the candidacy of i-toose
•U and Johnson it relinquished its
every claim to the name ot republican
and t,he right to sit in ar republican
convention as prescribed by the presi
dential preference law.
MOOSE SEEK TO DEFRAUD
They allege that the progressives
and the progressive party seek to use
the name of the republican party for
their candidates for electors to defraud
and deceive the electors of the state by
making them believe that the pro
gressive party candidates are in fact
republicans.
John B. Ciayberg, associated with
Da-fid S. Rose as chief counsel for the
republicans, was formerly attorney gen
eral of Montana and for four years was
senior member of the commission which
with the supreme court of Cali
fornia as an auxiliary to clean up the
calendar for that court.
David S. Rose, former mayor of Mil
ukee, is best known in the west for
the spectacu!ir campaigns he made in
■nsin and the reputation he made
mayor of the principal city of that
ate. Their counsel associates are
among the best known men at the Cali
fornia bar.
Outlining the fight to be made for the
preservation of the republican party in
Fornia, Rose last night said:
The case presents some nice ques
tions of law And yet almost every
proposition involved has been
passed on by the courts of this
The controlling question is
whether, if one who has filed his
affidavit under his oath as a basis
for nomination for the state senate
or assembly, by which he declares
his affiliation with a certain politi
cal party, may change his party
fealty and deliver his party into the
hands of lis enemies, thereby ef
fectually disfranchising the voters
of the party to which he professed
allegi a< c. It does not seem pos
sible that The courts of California
will permit such a palpable outrage
to be perpetrated on the electorate
of thf- state.
CRIME OF MOOSE REFORM
der the oninion of the attor
the secretary of stats
will place on the ballots only the
names of the candidates for elec
who were nominated by those
tnbers of the convention who
■ iv and by ' resolution solemnly
repudiated the national platform
and candidates of the republican
party, and who defiantly declare
Ir allegiance to the progressive
party. Aa a result, there will be
no candidates Tor electors upon the
ballot who, if elected, may be ex
pected to vote for the candidates
of 1 iblican party. Indeed,
mkly avow that they will
no* Taft and Sherman if
:ed. And here we have the
pitiable spectacle of the dominant
party Of this state being disfran
md all .in the name of re
;• rcrly can be disputed that
n voter's party affiliation is fixed
by I The party Is that or
ganization which holds national
conventions, adopts national plat
forms and nominates presidential
candidates. The national party
wholly may ignore a state organ
ization; may deny them representa
tion in a national convention, and
Its acts may not be questioned In a
court of law. ,
COrNTRY WATCHES CALIFORNIA
* yes of the country will be
upon California until this case shall
■ been decided. The world will
interested to know whether by
political trickery a great party
thin one 6t the leading states of
nation may be wholly and
fl ;.nc'*iised.
The true animus of the move
ment to accomplish this outrage
waa shown at the Sacramento con
vention when Francis J. Heney
was permitted to address the con
ntion. He pounded tne keynote
oi its villainy when, by direct Im-
Lation. he threatened the courts
the state with recall if they
dared to decide against the con
spirators. First, steal t'jr- right
suffrage from the people ,and
then attempt to dominate judicial
with threats of political
execution. Perhaps the people of
mtry will stand for thia
l '_'f intimidation. It remains
to be »
• »
Hatch to Serve Prison Term
State Denies Lawyer Parole
IB " r
Last Hope Crushed for San Jose Attorney Who
Stole Thousands From Aged Woman
Eflj Continued from Page i
court unflinchingly. His wife, daugh
ter and sister had also steeled them
selves for the worst apd created no
scene in the courtroom. They gathered
around Hatch for a few minutes in
whispered conversation and then left
for the county prison in a body.
Following the decision of the court.
the indictment charging Ifetch with
hiving forged the name of MPS. Sarah
E. Sage to a note for $1,000 drawn on
the First National bank of tiiis city
was dismissed on motion of the district
attorney. This paves the way for the
presentation of Hatch's plea to the
state board of pardons for clemency.
ATTORNEY ASKS PAROLE
In spite of the fact that the supreme
court of California affirmed the judg
ment of the trial court at the conclu
sion of the second trial, Judge J. R.
Welch decided this morning: the trial
court still has power to suspend judg
ment and rtear an application for pa
role. The question of jurisdiction was
argued a week ago last Friday by
Frank Freeman and H. I- Stafford.
Hatch's son in law. for Hatch and
Beasly and Free for the people.
"You may lock Hatch up for the re
mainder of his life in the penitentiary,"'
s*».id Freeman in ashing for a parole for
his friend and client today, "and be can
never suffer what he has suffered al
ready. AH that the state can hope to
accomplish is to lock him up. It will
take away his freedom, his friends, his
reputation. That's taken, that's gone."
EYESIGHT FAILING
Freeman argued that embezzlement
is a crime without intent, and that if
restitution car*, be made the matter
should be drepped. "He wants to make
things better and easier for the people
he has wronged," said Freeman. "He
could not do it at first with his future
gone, his friends gone. His family is
willing to make any sacrifice and Hatch
!s willing to devote the remainder of
his life in making restitution if given
the opportunity."
Questioned by Judge Welch In regard
to Hatch's eyesight. Freeman said his
client could not read longer than 15 or
20 minutes at a time and that the sight
of one eye Is almost gone.
District Attorney Free referred to
the disagreeable tasks often Imposed
on prosecuting attorneys, but he felt
that there are times when examples
should be made. The question came to
him this morning, he said, when he
was comptlled to ask for a grand jun
to go into the affairs of the Palo Alto
Building and Loan association, whether
or not Marshall Black would have done
what he did if the wheels of justice
moved faster and relentlessly.
"Sixteen or 17 years ago," said W. A.
Beasly, "Hatch was a distinguished
lawyer enjoying the confidence of Mrs.
Sarah E. Sage, who was then more
than 60 years of age, and was entrusted
more than the members of her own
family. Mr. Freeman says that embez
zlement is a crime without intent.
This is a crime with Intent, as all of
the evidence shows.
OBJECTION BY PROSECUTOR
"t wil} say that public confidence
in men such" as Hatch, whom people
find convenient to jrust, is broken by
crimes like this. T#e state is not look
ing for vengeance. When an appeal
for mercy comes as late as in this case
some penalty should be paid. Elderly
women like Mrs. Sage are deserving
of some protection."
Beasly referred to Mrs. Sage's pres
ent condition —S3 years' of age and un
able to be present in court to deny
statements made on the application
for parole.
In replying to Beasly, Freeman said
the fact that Hatch was convicted of
the crime of embezzlement u=? to him a
more severe punishment than 10 years
of servitude in the penitentiary. "I've
been told that Mrs. Sage and her son,
Mr. Sage, have forgiven Jackson Hatch
long ago," he added. "Why does the
legislature amend and amend the law
so as to give a man a chance to make
restitution if it didn't want to reclaim
its citizens?" he asked.
The case has attracted statewide in
terest because of the prominence of
Hatch and the many sensational mcl
I dent's connected with his fight for free
dom in the last four years and a half,
a battle in which he was encouraged by
his family and many devoted friends.
It was by far the most costly trial
ever conducted in the courts of this
county and depleted the treasury more
than $5,000. The case was followed
with the keenest interest by the whole
community and the people have been
divided as to whether or not he should
have been placed on probation.
His arrest in January, 1908, on a
charge of felony embezzlement scarcely
could be given credence in this city,
such was his popularity and general
estef in In which he and the members
of his family were held. Hatch was
brilliant and polished, his wife enter
tained the socially prominent of San
Jo*se and their daughter, Geraldlne,
and son, George, set the pace in the
younger set.
The entire county generally has fol
lowed all cf the intricate moves in the
fight.
For two years, since the conclusion
of the second trial, Hatch has been de
nied ball, and his wife has practically
lived in his cell with him, giving up
her beautiful home in Alum Rock aye
COMMUTERS WON'T
BRINK POLLYWOGS
Tiburon Water Rate Suit
Evolves Lively Discussion
Along Fisheries Lines
[Special Dispatch lo The Call]
BAH RAFAEL, Sept. 30.—Testimony
by Dr. Florence Scott that the water
supplied to the consumers at Tiburon
by a company owned and operated by
Hugh Boyle contained tadpoles, tree
toads and leeches, caused a halt to be
called today in the hearing of Boyle's
petition to the state railroad commis
sion to six new meter rates.
The hearing was held before Commis
sioner Gordon, and upon the lutroduc i
tion of this testimony he said that !
owing to the danger that might result
in a continued use of the water if sueb
conditions really existed, the hearing
would not proceed until *a thorough
analysis had been made by the city
chemist of San Francisco.
There, was much connection In *.he
testimony of the dozen or more wit
nesses called by the commission regard- j
ing the purity of the water.
THE SAN FRANCISCO CALL* TUESDAY, OCTOBER 1, 1912,
nue. George, a practicing attorney,
studied law during t'.ie conduct of the
case, and Geraldlne was secretly mar
ried to H. I. Stafford, a young; San
Francisco attorney, and one of the sev
eral who conducted her father's case.
Other attorneys associated with Frank
Freeman In the defense were J. J.
Dunne and T. B. Dozier of San Fran
cisco.
WIFE IV HIS CELL
Mrs. Hatch has been in her husband's
cell In the county prison early and l«.te,
preparing his meals for him and en
couraging him with her companionship.
Irately, when the prosecution seemed
to bo forcing him toward the peniten
tiary, It was feared he might kill him
self. The district attorney warned the
sheriff to take every precaution and the
sheriff decided to allow Mrs. Hatch to
remain in the cell night and day.
Hatch Is still' one o the ablest law
yers in San Jose and has had a distin
guished career. At the age of 21 he
was district attorney of Colusa county.
During President Cleveland's first ad
ministration he was United States dis
trict attorney in San Francisco and he'
was twice a candidate on the demo
cratic ticket for justice of the suprene
court of California.
Hatch first gained control of the af
fairs of the woman he robbed —Mrs.
Sarah E. Sage—shortly before 1900. She
owned considerable property In San:
Francisco, San Jose and in Saratoga,
including the Congress Springs hotel
which was destroyed recently by fire.
He conducted a couple of law suits
for his aged client and soon gained her
entire confidence. He gradually se
cured from her the whole of her prop
erty, selling various pieces, cashing
mortgages and securities and appropri
ating money to his own use until in
January, 1907, he had borrowed from
her |n the neighborhood of $38,000.
Since that time, it has been estimated
by the prosecution, about $11,000 more
went Into his hands.
AGED WOMAX ROBBED
Thanksgiving day. 1907, Mrs. Sage
and her son, L. A. Sage, asked Hatch
to turn over the affairs to them. He
promised an accounting within a
month, but at the end of that time he
was not ready, and Attorney W. A.
Eeasly, who afterward figured in the
trial as special prosecutor, was con- *
suited. The real situation was dis
covered. Hatch was practically bank
rupt and he *-<ad robbed Mrs. Sage of
nearly her entire estate. His arrest
followed January 10, 1908. The case
was delayed almost two months In the
justice court by Hatch and his attor
ney, Frank Freeman of Willows, Cal.
Arthur M. Free, on qualifying for dis
trict attorney, stopped this delay by
having him indicted by the grand jury
r:, a charge of embezzling $34,000.
Efforts to have the indictment
quashed were in vain, and the case was
set for trial in the superior court that
summer. The actual trial was delayed
by an operation on Hatch's eyes, which
had beer falling since his arrest, and
did not commence until November 18,
1908. A verdict of guilty was brought
in as a present for the defendant on
Christmas morning.
Hatch was sentenced the first time to
serve five years In San Quentin prison.
He carried the case to the appellate
court, where It was reversed. A writ
cf review was denied Free and the case
remanded for a second trial. Tne ap
pellate court held that the district at
torney should have elected some spe
cific embezzlement on which to try him
instead of trying him for a secies of
embezzlements.
SECOND TRIAL SECURED
After long delay, the second trial was
started, and ended two years ago. De
cember 10, 1910, with another convic
tion. Several bankers of this city and
San Francisco appeared as witnesses,
and money received for the sale of the
Lyon street property of Mr?. Sage in
San Francisco and other pieces of real
estate was lr?cea to Hatch's private
bank account. The defense sought to
show that under the power of attorney
he had from Mrs. .Sage he had made
investments which proved unprofitable.
In sentencing Hatch the second time.
Judge J. R. Welch decreed he should
serve seven years instead of five, and
when a certificate of probable cause
was sought he referred somewhat sig
nificantly to the reversal of the first
trial because the district attorney had
proved more than one offense.
Hatch carried the case to the su
preme court in an- effort to obtain a
third trial, without success. The re
mittitur of the supreme conrt placing
the stamp of its approval on the con
duct of the second trial was received
here recently by the county clerk.
Two weeks ago Hatch, in ths un
avoidable absence or his attorney,
Frank Freeman, appeared in his own
behalf and stated that he would make
application for parole. Judge Welch
suggested this bo presented In answer
to two questions—first, as to whether
or not ie had jurisdiction; second, as
to whether the situation warranted
probation.
Friday, September 20, Hatch and
Freeman argued that the court held
jurisdiction, and Free and Beasly con
tended that the case had gone too far
to entertain a plea for clemency. They
helu that, the court had ho right to
suspend the execution of judgment.
The matter was taken under advise
ment.
SENSATION BREWS
OVER NICARAGUA
Salvadoran Promises Startling
Revelations Touching United
States Intervention
NEW ORLEANS, Sept. 30.—Sensa
tional revelations touching the recent
intervention of the United States in
Nicaragua are promised by General
Juan Leets, who arrived here today
from Salvador to appear before tha
senate committee which will investi
gate revolutionary matters in Nicara
gua. ,
General Leets comes here as repre
sentative of leader** of the liberal party
In Nicaragua and is prepared to submit
to the senate committee, official docu
j ments and private correspondence be
tween the United States and Nlcara
guan officials.
General Leets said the attitude of the
state department in the Nicaraguan
imbroglio and the use of American ma
rines to suppress the revolt is resented
in every Central American country.
He said that unless the senate takes
action to counteract the anti-American
feeling a propaganda favoring a boy
cott against all commodities from the
United States will swee.v. ovary Latin-
American country.
POLICE SEEKING
THIEVES IN SOUTH
■* v f j§, i f ,#■
Culprits Vanish After Relating
in Los Angles How They
Obtained Adornments
—.
CoatlM-nea "Frtna Page *
n lamo-j pendant, would be recovered.
The loss of Mrs. Valentine's hand
some Jewels caused a great sensation
among society folks of this city, among
who/n she Is a fiavorite.
It was ahortly after noon on Sep
tember 21. 1905, that Mrs. Valentine,
who lives in a palatial home at 248
Perry str<> :t in Oakland, left a down
town banK with her jewels in a box
to transfer them to a safe deposit
vault She boarded an Ellis street
car, "thinking her valuable burden
would be perfectly safe even in the
noon hour crowds.
HOW GRMS WERE "LOST
The was jammed. When sa,e
left 4t at Mason street she forgot her
rreclous jewels reposing in a seat for
a fraction of an instant aftar the car
had moved forward. The throng was
so dense that the conductor could not
hear her commands to stop the car.
Mrs. Valentine, (almost swooning, was
taken to a drug store, and later the
matter was reported to the police.
From that day until yesterday not a
trace could be obtained as to the
whereabouts of the valuables.
J. J. Valentine, president of the
Wells Fargo company, put his expert
detectives en the case. They sco.ured
the coast cities and towns and kept up
the search for years. Pawnshops in
San Francisco, Seattle and Portland
and these in southern cities were
watched without avail. Crooks of all
degrees were subjected to Investiga
tion, but no light was thrown on the
mystery.
MRS. VALENTINE GOES SOUTH
Valentine died in the meanwhile and
.his widow gave up the search . When
word reached her that the two men
responsible for the loss had been dis
covered In Los Angeles, Mrs. Valentine
started for that city immediately,
hoping to be able to Identify such of
the jewelry as the police might be
able to locatee. She will return to her
home Wednesday morning.
Mrs. Valentine's son, J. J. Valentine
Jr., who is employed by tne Pacific Gas
and Electric company, said yesterday
that ha did not know of the confession
made by Wilson and Soinjner3, and that
he doubted if any of the jewels would
be recovered.
BINGHAM STRIKERS
STILL HOLD FIRM
Indications, However, Point to
Early Settlement of Troubles
BINGHAM, Utah, Sept. 30.—While the
strike situation in Bingham showed no
change today, developments are ex
pected tomorrow. It was reported this
afternoon that 150 Japanese laborers
were to be replaced upon the payrcll
of the Utah Copper company again to
morrow. This was taken to indicate
that a settlement was looked for. J.
D. Shillings, superintendent of the Utah
Copper company, declined to discuss the
question, saying he knew nothing about
it.
There were about 250 Japanese labor
era in the employ of the company before
the strike, but many have left the dis
trict, and it is said that the action of
the company will tend to hold the re
mainder in the camp.
The carpenters held an Informal
meeting this afternoon to consider
going back tc work. Samuel Bryam,
superintendent of construction for the
Utah Copper company. Is said to have
sounded them as to their inclinations.
The consensus of opinion among the
carpenters, however, is not to go Jjack
until the trouble is settled. Bryam is
said to have offered them ample pro
tection, but they refuae to work under
guard.
TRACTION MEN GIVE
ULTIMATUM FOR STRIKE
Chicago Union Leaders Threaten
Walkout Tomorrow
[Special Dispatch to The Call]
CHICAGO, Sept. 30.—The last straw
in the way of a gigantic streetcar
.strike in Chicago seemed to have been
broken tonight when Mayor Harrison
was officially informed by the union
leaders that unless the traction com
panies give in to the leading demands
of the employes by noon tomorrow a
strike would be called for Wednesday.
The arbitration between the com
panies and their men has failed miser
ably.
If a strike Is called of the surface
employes, the elevated men will
promptly strike in sympathy, owing to
a secret agreement between the unions.
Chicago, spread out for more than 20
miles from one end of the residence
district to the other, will be completely
paralyzed.
The county traction lines will also
strike, as the employes have cast their
fortunes with the companies. Only the
railroad suourban lines will be avail
able, and these do not reach more than
10 per cent of the residents of the city.
-—. i ..i i »
IMMENSE GATHERING
OPPOSES HOME RULE
Speeches Are Made to Throng
of 100,000 Persons
LIVERPOOL, Sept. 30.—A great gath
ering took place at Shell paik this
afternoon to protest against home rule.
The assembly numbered not less than
1U0.0Q0,. who arrived in three profes
sions. Enthusiasm was unbounded and
fireworks were discharged.
Sir Kdward Carson and Frederick E.
Smith, the unionist leaders, made
speeches. The latter said that three
Liverpool ship owners had promised
him the use of free ships to carry 10,900
men from Liverpool to Belfast to help
Ulster "if it came to a fight."
Women Take Part
BELFAST, Sept. 30.—The marchioness
of Dufferin presided at a meeting of
women in Ulster hall tonight in opposi
tion to the home rule bill. The hall was
crowded and-fiery protests were voiced
against the measure.
WOMAN SHOOTS DOWN
TWO IN BITTER FEUD
Discharged Operator Kills Mer
chant; Wounds Postmistress
ALBUQUERQUE. N. M.. Sept. 30.—-As
the result of a feud at Rlcardo, a sta
tion on the Be'en cutoff, Mrs. J. E.
Carley shot and killed George Brisling
ham, a business man, and fatally in
jured Miss Cora Zimmerman, the post
mistress. Mrs. Carley was arrested and
admits the shooting, alleging- Brisling
ham and Miss Zimmrerman were re
sponsible for her losing her position as
night operator for the Santa Fe rail
way in Ricardo. She i» believed to be
insane.
. c
Most men.prefer a well formed women
to one who is well informed. Pat yourv
self in shape—credit, $1 a week. 6»
Stockton street, upstairs. , •
Light on Big Campaign Fund
Former President, Needing Aid, Called on
. E. H. Harriman and Later Spurned Him
Continued From Page 1, Column 1
take a squint at the annual message;
Feeling that he was now elected and
that Harriman could no longer assist
him, Roosevelt frankly told the rail
road man in one letter that It was
just as well they had not talked over
the propositi m for changes in tha In
terstate commerce law, as he, Rooße
velt, bad made up his mind on the
inbject and was supported in his judg
ment by Secretaries Taft. Knox and
Morton. '
ARROftASCE AFTER ELECTION I
From a soft and subtle wooer before j
the election, Roosevelt, according to
the tone cf the tetters, became quite
positive In his opinions after the elec
tion, persisting in overriding bis back
er's demand by the turndown of a,
Santa.Fe man for appointment of gov
ernor of Arizona.
Harriman's complaint was that the
man under* consideration would be
bound to favor the Santa Fe as against
all other roads, but Roosevelt replied
characteristically that he could not
easily get out of making the appoint
ment at that late date, but that If he
found the appointee favoring the Santa;
Fe or any other railroad he would
"twist his neck like a chicken's." |
HARRIMATV RECOMMENDS RALSTON!
Harriman, naturally counting upon l
the great services he had rendered,
Roosevelt at the latter's request, did
not hesitate to recommend many men
for offices. In one letter, for instance,
be recommended W. C. Ralston of San
Francisco for naval examiner. Roosa
velt thanked him for the suggestion
and as usual wanted to know if Harri
man were not going to be vi Washing
ton soon so that they could lunch to
gether at the White House. But It
was not until May, 1905, that Harriman
finally consented to go to -the White
House.
Roosevelt in his letter to the Clapp
committee early in September with
reference to his famous interview with
Harriman, said:
"Mr. Harriman never even discussed
with m. iving anything to the na
tional co . nlttee and I never spoke to
him about It or requested a dollar from
him. He asked me to intercede with
Mr. Bliss and Mr. Cortelyou to get
money for him and Mr. Odeli in their
state campaign."
COLONEL IN ANANIAS CLUB
"In the old and forgotten letters pre
sented by Mr. Harriman's secretary to
day, Roosevelt places himself in the
Ananias club. The fact that Harri
man turnad over $*L5j0,000 to Bliss shows
plainly that he was giving aid to
Bliss and not seeking aid from him.
Moreover, there was a letter from
Cortelyou, who was Roosevelt's chair
man of the national committee, ask
ing Harriman to become a member of
a secret campaign committee to act
as auxiliary to the regular campaign
committee. He was assured that his
name would not be made public, the
suggestion being that Harriman could
best aid Roosevelt by keeping from
the public the fact that the big in
terests were back of the colonel.
All the correspondence between Pres
ident Roosevelt and the late Edward
H. Harriman covering the period from
Roosevelt's succession to the office in
1901 until Harriman's difference with
him in 190<>, was placed in evidence
today before the senate committee in
vestigating campaign expenditures.
Harriman-Roosevelt Letters
Out of the scores of letters cover
ing every subject from exhibits of In
dian pictures to the appointment of
federal Judges, and territorial govern
ors in Arizona, the senate committee
could secure little new light bearing
on the subject of campaign contribu
tions or the disputed question of
whether President Roosevelt had spe
cifically asked Harriman in 1904 to
raise $240,000 for his campaign.
Roosevelt Wants Fund Raised
C. C. Tegethoff, now agent for the
Harriman estate and former private
secretary to Harriman, and Charles A.
Peabody, president of the Mutual Life
Insurance company and personal attor
ney for Mrs. Harriman in the admin
istration of the estate, both testified
that Harriman had told them that the
raising of the big campaign fund had
been undertaken .at President Roose
velt's request, a statement which Har
riman made before his death, but which
was denied by Roosevelt.
Aside from the file of letters, given
the committee, no documentary evi
dence was offered, and v out of the many
letters none was produced except that
written by Harriman to Sidney Web
ster, January 2, 1906, which in any
way bore upon the charge that Presi
dent Roosevelt had asked the railroad
man to raise funds.
The Webster letter, made public by
Harriman himself during the contro
versy with President Rocsevelt' dyer
the fund, intimated that Harriman had
been asked by the president to raise a
fund, and thai it had been the under
standing among financial men to whom
he appealed that Senator Depew was to
be given the ambassadorship to France.
HARRIMAN GLAD TO HELP
A letter from Harriman, June 2S,
1904, after the republican convention
that nominated President Roosevelt,
said In part:
"I fhrant to assure you that I was
only too glad to have be«n able to
take part in the convention which rec
ognized what was your due. and I be
lieved every ore very heartily ac
corded it and will as heartily work
for it."
He added that he was going to Eu
rope, "but shall be in close enough
communication to exercise my influ
ence should it be necessary before my
return."
After his return be again wrote the
president, who replied September 23,
1904:
"At present there Ijs nothing for ma
to see you about, though there were
one or two points in my letter of ac
ceptance which I should have liked to
discuss with you before putting it
out."
Taking up the examination of Tese
thoX Senator Paynter elicited the fact
that Harriman visited the White
House prior to the 1904 election to dis
cuss "New York .political matters"
with the president. i
Charles A. Peabody, president of the
Mutual Life Insurance .company anl
! legal adviser of Mrs. Harriman, testi
fied that lie talked with. Harriman in
November, 1904, about ? the campaign
fund.
URGES HARRIMAN TO ACTION
"He said he had been to WashJngton
and that tfoe president wanted him to
1 raise some money for the campaign.
[He said he was giving: $50,000 and
1 hoped to get the rest—! think he said
the whole fund was- to, be $240,000.
While I was there he talked over the
telephone with another man who was
to contribute."
"Wqo was that?" asked Senator
Clapp.
Peabody finally said H.Trlman talked
with Hamilton McK. Twombley of New
York. He added .that ha knew of no
other contributer to the fund.
Earlier In the day Cornelius* N. Bliss
Jr. produced thre« lett-jrs which he
claimed were the only ones bearing on
campaign matters that had been left
by his father, who was treasurer of
the republican national committee in
1904. He admitted he had destroyed
many of bis father's letters, but said
they were not connected with campaign
affairs.
None of the three letters touched
upon the facts alleged by John D,
Archbold that Bliss had assured, him
President Roosevelt would welcome a_
contribution of $100,000 from the Stand
ard Oil company.
DEFENSE OF B."UTSS
The one bearing directly on campaign
contributions was a vigorous defense
of Bliss' integrity, written by President
Roosevelt In 1906, in which the presi
dent asserted that no one had asked
him for favors because of contributions
to his campaign fund, and that no one
had been favored or discriminated
against because of their contributions
or their opposition.
RAILROAD MAN FOR COMMITTEE
Among the letters given the commit
tee was one from George B. Cortelyou,
dated July 20, 1904. and addressed to
"E. H. Hammond, Union Pacific
railway, New York." The letter was
acknowledged by Harriman's secretary,
who s«*d he supposed there had been a
mistake in the address. This letter
requested the railroad man to serve on
the auxiliary committee of the repub
lican national committee.
"Please consider this communication
as entirely personal," it concluded, "as
the committee is not to be publicly an
nounced."
A letter from Harriman dated No
vember 30, 1904, called the president's
attention to the fact that Roosevelt
had written on October 14 that he
would discuss parts of his message with
Harriman at a later time. Harriman
said he had learned that other railroad
men knew what the president intended
to recommend relating to railroads and
that he was "very apprehensive" about
the matter.
"I sincerely believe It Would be best
for all interests that no reference be
made to the subject." he added.
On the same day, after Harriman had
talked over the telephone with Secre
tary Loeb, President Roosevelt wrote
the railroad men, saying his mind was
made up on the railroad question. The
president said he had desired to talk
over currency legislation with Harri
man. •
HARRIMAN OBJECTS TO FOWLER
The appointment of a governor of
Arizona in 1905 opened another corre
spondence between the two._m.en.
riman recommended Chief Justice Ed
ward Kent for governor, to succeed
Governor Brodie, and W. H. Still for
chief justice, to succeed Judge Kent.
On January 28, 1905, Harriman wrote
to the president he would "very much
regret" the appoincment of B. A. Fow
ler as governor of Arizona. He said
he had nc particular candidate to urge,
but hoped "some other and more suit
able man may be selected fcr the
office."
President Roosevelt replied January
29 that he "had in a way been com
mitted to Fowler," that he "had been
our candidate for congress, and his
nomination seemed to me to be abso
lutely right."
"What is there against Fowler?" the
president asked in conclusion.
Harriman replied January 30: "My
information is to the effect that Mr.
Fowler is a very strong partisan of
the Santa Fe." and he expressed the
belief that E. W. Wells of Prescott
was "an able and fair man."
"As I said before, I have no candidate
to urge." Harriman added, "but I trust
you will not appoint Mr. Fowler. I
would like to talk to you on the
telephone about this."
ROOSEVELT PROTESTS
President Roosevelt replied the next
day, January 31, that it would be "very
unpleasant" for htm 'with Morton in
my cabinet" tc say that he had rejected
Fowler "merely because I heard he was
"a strong Santa Fe man, unless there
is some specific objection to him."
"I need hardly tell you," the presi
dent added, "that If i appointed him
I would twist his neck as If he were
a chicken the moment I found he was
showing one particle of favor to the
Santa Fe, or, for that matter, to the
Southern Pacific or any other railroad.
Just as I would twist it if I found he
was discriminating against any 'rail
road. How would it do for me to
write him this in pr? -tically these
words?"
Harriman again protested, against
Fowler's appointment,' saying his rail
road interests did not believe they
would get f square deal in Arizona.
The series of letters contained no fur
ther reply from President Roosevelt.
The Arizona governorship was filled by
the appointment of Joseph H. Kibbey
in 1905.
THE
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LETTERS ACCUSE
WIFE AND MOTHER
Correspondence Submitted by
William P. Day Tells Story P
of Vacation Gayety
Continued From Page t
Everything I have done has alwajs
been wrong. My husband has con
stantly nagged at me. Even before we
were married it was necessary to call
in a physician when he had worked me
up into a state of hysteria over an
argument relative to his mother and
'He has compelled me to accour. for
every cent I spent. He scolded me be
cause I employed a Japanese. I have
done without clothes to pay hospital
and doctor bills.
"Our wedding anniversary—July 24—•
was spoiled by the pouting of my hus
band just because I hai rouged my lips
before we started downtown.
"ONLY DRANK TEA"
"When I went away on my vacation
in July he forbade me to dance, warn
ing me that all men who went to sum
mer resorts were vile. I was also
severely scolded because I had accom
panied two girl friends to Taits and
only drank tea while the girls had
cocktails."
Several letters overflowing with en
dearing terms said to have been writ
ten by the wife to Day and Bigned
"Muggins" were placed before the
court. In the letters were various
crosses, indicating kisses'. Endearing
terms abounded.
An unsigned letter written on Olym
pic club stationery addressed to the
husband was also presented to the
court. It read:
You little know what has' been
going on at Monte Rio. Mother,
herself, certainly needed a chap
eron. Did you want your wife
out at the Casino ragging, drink
ing, walking alone with fellows,
holding hands in dark places? Get
next to yourself. Do you know
why they left? With whom? Where
to? If not. ask Rooney.
Mrs. Day stated to the court that she
had always been used t<> luxury as a
girl and had been educated in music
and art at a select boarding school in
Los Angeles, from the estate of her
grandmother, Mrs. J. Luther of Albion.
N. Y. She said that she had accepted
a position before her marriage for six
months that she might have some
money to "blow" for clothes and pres
ents. She said that she had no means
of supporting herself now, and wanted
the court to grant her $150 alimony.
Mrs. Day denied that she had told
Barr that she was "broke" at the time
of her marriage, or that she had told
Mrs. Mabel Arnold on September 23 that
she expected to live at the Victoria and
travel extensively when she got her
alimony from Day.
DENIES MAKING REMARK
"I did not say that I did not see why
I should waste any more time on Bill
Day and his one lunged automobile
when there were so many good men to
marry," answered Mrs. Day hotly, in re
sponse to Meyers' questions.
After leaving the stand Mrs. Day
said:
"It Is all due to the excessive jeal
ousy and that abominable anonymous
letter, which he has accepted as a truth.
He has always found so much fault
with me. Why, I could never wear a low
neck gown without there being a dis
agreement, which would result in ray
removing the gown to please him. He
is just too unreasonable for anything,
and he is foolish enough to place
credence in a miserable letter which
has been written by a person too
cowardly to sign it. He has accepted
the whole thing without any facts to
confirm his assertions."
The case was continued until today,
when other witnesses will be heard for
the petitioner.
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