MARKET BASKET USED TO CARRY DYNAMITE ABOUT Iron Worker Testifies That His Work Did Not Please Sec retary- Hockin President Ryan, He Declares, ♦Showed Him Good Place to Put "Shot" [B\j„ Associate J Press] INDIANAPOLIS. Nov. 15.—Carrying dynamite about in a market basket ay Edward F. Clark, an Iron worker, testifying at the "d\namite conspiracy trial" today, said he ar ran? w up nonunion j< k, an Official of a local union in Clncin I guilty at the be ginning of tne trial of the 45 men ac cused of complicity with the McNa mara brothers in the illegal transpor tation of explosives. In detailing his confession on the s stand he told of personally •ip: urj work on a railroad bridge the Miami river in Dayton, May •8, and of leaving behind an um brella that bore his initials. IMPLICATES IMOX OFFICIALS Clark sai.l officials of the Interna tional Association of Bridge and Strue (ron Workers induced him to do dynamiting. Once, he said, while in •. irk in Cincinnati, President . ML Ryan pointed to a railroad across the Ohio river and said: "'There would be a good place to put a sly Before that the witness said Herbert P. Hockin, secretary of the union, ar ranged to supply him with dynamite. "We had had some correspondence M Namara, in Indianapolis, union conditions in Cincinnati, when, in . -. Hjockin appeared and told me he was going to spend some money there," said Clark. "He took me to Cumminsville. a suburb, where he introduced me to Edward Campbell, who was to supply dynamite. Hockin said I was to receive $100 for the Dayton job. I returned to the place that night with a market basket. Campbell gave me s°* half pound sticks of dynamite. Hockin wanted me to take William Bernhardt, a local official, to Dayton, but I said I would do the job alone. GETS f77 FOR EXPLOSION "The next day in Cincinnati Hockin did not appear anxious to pay me the $100. 'He had a newspaper account of the explosion. Finally he gave me $97 on the street. "When the question of blowing up the Harrison avenue viaduct in Cin cinnati came up Hockin said he was not going to let me do it. as McNamara and Ryan were not pleased with the way i had done the Dayton job. I had left behind an umbrella with my initials on *it, he said, and-they were likely to catch me. "But he sent rue ell for k it horn« basket and the next day. packing it in a telescope case, delivered it by ap f, intment to Hockin and another man at Fifth and Vine streets. That was in August. 130S, and the explosion on the Harrison avenue viaduct occurred, August 6. Two more explosions, oc curred in May, 19 f i9 ( and another in August, all on the bridge which Ryan had pointed out, but I did not do them." CAMPBELL, BUYS DYNAMITE Edward Campbell, mentioned by Clark, testified that he formerly worked ;n a stone quarry and had been used to buying dynamite. He said Hockin arranged for him to drive out to a powder magazine to buy the explosive and had paid him for the livery hire. On cross examination by attorneys 16 defense Clark admitted, that he been convicted on numerous jenied he ever had been ed for highway robbery or had union's funds. Josepti B. Schafer of the Cincinnati police department testified concerning • to the home of J. J. McNamara's mother the day" after McNamara's ar- April 12, 191 J. He produced a battery tester and flashlight which he he found in McNamara's trunk. Guided by Frank Eckhoff, a friend of MeN&mata family, Schafer said he found a place in the woodshed near the McNamara home where nitroglycerin had Iven buried. ZUCK DIVORCE TO BE TRIED IN SAN JOSE Move of Wife's Guardian for Venue Change Fails [Special Dispatch to The Call] JOSE. Nov. 15.—An attempt to transfer I actios brought unelia Clara Zuck by her hy husband, Jam»a Ralph Zuck of iperior court of San Frarjciscq failed today when Judge ■. ds denied a change of venue I by the wlfe*j guardian, F. J. n>.-man. k accused his wife of misconduct Eugene Arthur Wychoff in San Jrant-isco' and in their home. A general denial wa3 entered by H. If. McPike, Mrs. Zuck's attorney. Re plying to an amended complaint, ■ man, who in the meantime had appointed Mrs. Zuck's guardian, stated that his ward was incompetent, that she was irresponsible ami that a corhplr:- reconciliation had taken place in San Francisco. It was also stated Mrs. Zuck is being treated for I ay, together with an order tf*r the custody of an only child and $15 a month alimbny. the action, but did not appear wi wife interposed a de- CHINA WILL DISCUSS MONGOLIA WITH CZAR Young Celestials Bitterly Oppose Proposed New Treaty KINO, Nov. if.. —Lv Cheng Hsiang, . premier and minister of foreign has been given again the port • latt< i Lv Cheng to Russia, nee of the Rus sian i i tt, considered China intends to accept ttion to discuss Mongolian to substitute a new ry for the Russo n convention. Public feeling is strongly anti-Rus sian and man ms demanding. t Mongolia the provinces. Inci pally young Chin* hi Kai retains con trol of tl . 1 o There la only «»ne independent newspaper i» San Francisco-—The Wife Accuses Navy Dentist Both Petition for a Divorce Mrs. Genevieve Newbre, who charges husband, a dental surgeon in the navy, with nonsupport and desertion, and her sister. Geneyieve Newbre Alleges She Had to Pawn Gems in Orient and Was Deserted Charging that her husband, Lloyd I. Newbre, dental surgeon aboard the battleship South Dakota and at pres ent attached at Mare island navy yard, had ignored her while ill and failed to support her, Mrs. Genevieve Newbre of 264 A Carl street, yesterday obtained from Judge John L. Childs an order di recting her husband to pay her $50 temporary alimony. In addition the court directed the navy man to pay counsel fees of $50 and court costs of the same amount to cover the wife's expenses in her answer to his suit for divorce on the ground of desertion. Mrs. Newbre has filed a cross com plaint charging desertion and non support. Mrs. Newbre asserted that her hus band utterly ignored her while he was BANKER IS RUINED BY WIRE TAPPERS Kirby's Wife Tells Dramatic Story of How Institution Was Wrecked CHICAGO, Nov. 15.—Mrs. Margaret L. Kirby, wife of the president of the defunct Kirby Savings bank, in the j federal court today related an involved story of banking and gambling which reached a point of dramatic intensity late this afternoon when two suspected swindlers, were brought before Mrs. Kirby for identification. The expected denoument failed when Mrs. Kirby could not identify the two men whom she had charged with swindling her husband of J60.000 through the wire tapping scheme. Throughout the day a crowd Jammed Judge Landis' court to hear the woman's confession, every sentence of which further implicated her husband in the failure of his private savings bank. She said she trustingly made bank deposits under fictitious names under her husband's orders. In simple narrative style she told of wild night rides in taxicabs, when she carried from $10,000 to $20,000 in a small black handbag, hurrying to Kirby that he might have more funds with which to plunge on the fake wire tap ping scheme. Mrs, Kirby said she was almost pen niless, having turned over even her Jewelry to her mother to obtain money with which to employ counsel. APPEAL COURT UPHOLDS LOCAL OPTION IN STATE Jail Doors Open for "Dry" Ter- ritory Violator SACRAMENTO, Nov. 15.—The third district court of appeal, in an opinion handed down and written by Presiding Justice Chipman, and in which Asso ciate Justices E. C. Hart and A. G. Burnett concur, upholds the state local option law and liberates from jail a prisoner on a written habeas corpus who was sentenced on a charge of sell ing liquor in "dry" territory in Stanis laus county. This was the case of Charles Zany, near Modesto July 11 and con victed under a county initiative ordi nance, making it unlawful to sell liquor. The decision has the effect of in validating all county initiative ordi nances that conflict with the Wylie local option law. . Zany contended that, only incorpo rated cities and towns in supervisorial districts had the right to enact liquor laws. CITRUS FRUIT GROWERS BEGIN TA.7IFF CAMPAIGN SAN BERNARDINO. Nov. fight of the citrus fruit to retain the present tariff under the forthcoming democrat'c administration started today. The Chamber of Commerce of San Bernardino county and the democratic county executive committee tele graphed an invitation to each congress man elect of the state to attend a con ference here the latter part of this month to meet the leading fruit grow ers of southern California. It is planned to take the congress men on an automobile tour of the fruit districts of Los Angeles, Riverside, San Diego, Orange and San Bernardino counties. THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 16, 1912. with the battleship fleet in Asiatic waters. She fell ill and was compelled to pawn diamonds and to seek the aid of her siste . Mrs. M. C. Perl, with whom she is living, and who accom panied her to court yesterday. The wife's attorney asked an order to com pel Newhrf to redeem the diamonds from pawn, but the court was unable to comply, merely remarking that "as a man of honor" Newbre should see that his wife did not lose her Jewels. The attorney for Newbre expressed the belief that the husband would redeem the pledges. The Newbres were mar ried in 1906 and Newbre says that his wife deserted him in 1911. She al leges that he deserted her at that time. The wife asks $150 alimony, claiming that her husband's income is $500 a month. FEDERALS FLEE ACROSS BORDER Several of Band Routed by Mexi can Rebels Arrested by American Troops EL. PASO, Tex., Nov. 15.—Four Mex ican federal soldiers are held by United States troops at Hachita, N. M., sub ject to orders from the war depart ment, says a report received today by General E. Z. Steever at Fort Blis-s. They fled across tho river after their fellows were routed by a band of rebels at Colonia Fernandez, just below the New Mexico line. The refugees, who crossed into the United States with their rifles, report that a small detachment of federals met a band of rebels under Colonel Inez Salazar and after a sharp skirm ish the government troops were dis persed. Rebels 1 today became so bold as to smuggle several boxes of ammunition into Juarez, the border town threat ened by attack. The cases were dis covered by federal troops concealed in a wagon of hay on the public plaza. The secret service has advices that un armed rebels recently have been cross ing from El Paso to the Mexican town. The reported arrest at Albuquerque of Jose Cordova, secretary-general to the revolution, is denied by General E. Z. Steever, although the report is con firmed officially by General Trucy Au bert in Juarez. Marshal Denies Arrest ALBUQUERQUE, N. M., Nov. 15.— That Jose Cordova, secretary general of the revolution, has been arrested here is denied by the United States marshal. Cordova has been in town several days. Report on Casualties WASHINGTON, Nov. 15.—Twenty three persons at least #ere killed or badly wounded on the American side of the Mexican boundary last year by bullets fired during the fighting be tween the rebels and government forces under Madero. This fact was developed by the special army board, headed by Colonel Francis Kern.an, which has just re turned to Washington from an inspec tion trip to El Paso Tex., and Douglas, Ariz., where most of the trouble oc curred. The board is satisfied that other per sons, many of them Mexicans, received lesser injuries. RANDLE TO DIRECT BIG RECLAMATION PROJECT Engineer Resigns Position With City of Sacramento [Special Dispatch to The Call] SACRAMENTO, Nov. 15.—George N. Randle, city engineer and superin tendent of streets for several tendered nls resignation to the city commission this afternoon, effective November 18. Randle will become engineer in charge of surveys for the Chicago syndicate, which closed the deal yester day for the 60,000 acres still unre claimed in Sutter basjn. He will out line the system of irrigation and make the surveys for levees. Randle's salary as city engineer was $5,300 a year. The reclamation project is a $5,000,000 scheme. The C«H Is now nn absolutely in dependent newspaper. Try it out and see. HUNDREDS OF ARMY OFFICERS TO BE SHIFTED In Order to Comply With New Law 570 Reassignments Must Be Made [Special Dispatch to The Call] WASHINGTON, Nov. 15.—The most extensive shift in the assignment of army officers in the history of the service will have taken place before December 15, as a result of the pro vision in the new army bill requiring that no officer shall be absent from his line command for a longer period than two years in every six years. In order to adjust the assignments to comply with this section 570 officers will be transferred within the next month. Major General Leonard A. Wood, chief of staff, has worked for several months readjusting the assignments so that the department will strictly com ply with the law in this respect. Under the interpretation of the law by the judge advocate "general it was found that there was no alternative but to order the transfers. A STANDING GRIEVANCE While the law is unquestionably re garded by many of the officers person ally affected as working a hardship upon them and an injustice to the serv ice, it will remove a grievance of many years among department, post and regimental commanders. Many of the grizzled critics of bureau influence and war department favoritism will chuckle in glee. A good story, which was told for the first time in Washington today, cornea out of the west, illustrating the extent to which "leaves" and "d* tached for special duty" were some times carried under the old regime. Colonel Cornelius Gardener, com manding the Sixteenth United States infantry at San Francisco, was a few years ago In temporary command of "the largest post in the United States service. Fort William McKinley, just after the accident that, placed on the retired list General Win held Scott F.ricerlfv, who came to his star after a brilliant career almost wnolly with the Seventh regiment. NOTED AS DISt IPLINARIAN Colonel Gardener is particularly noted as a disciplinarian. He found many organizations shockingly short of senior officers. In the case of one bat tery of artillery a "shavetail" repre sented the closest approach to "straps," Colonel Gardener made a report in which he drew attention to this state of affairs, asking if, in the opinion of the chief of staff, a second lieutenant was able to command a battery. The report went through regular milltary channels. reaching the estado mayor, Manila, next day, where Major General John F. Weston, afterward in command at San Francisco, was G. O. C. of the department of Tucson. To Major Gen eral Wood, now chief of the general staff, "Jack" Weston sent on the report with this indorsement: "If a doctor can command a division, a grocer a department, and a junior captain be eligible for promotion to brigadier general. I See/ no reason Why the second lieutenant should not give a good account of his battery." FISHERIES TREATY HAS BEEN RATIFIED North American Controversy With England Is Settled WASHINGTON, Nov. 15.—Secretary Knox and Ambassador Bryce today ex changed ratifications of the treaty signed July 7 last, providing for an adjournment between Great Britain and the United States of the north Atlantic fisheries controversy. The convention already has been approved by the sen ate. In substance it prescribes the boundary waters, and provides a com mission to pass upon the reasonable ness of local and Canadian and New foundland fisheries regulations. One of the questions settled by the fisheries' treaties was that neither Great Britain nor its colonies may im pose regulations on American fisher men, exercising their treaty rights in the territorial waters of Newfound land or Canada, unles such regula tions are held to be reasonable by an impartial tribunal. In case of dispute neither Great Britain nor the United States can be sole Judge of the regula tions. The fishermen will know before the beginning of each season just what regulations will be in force that sea son, thus putting to an end the former practice on the Newfoundland coast of imposing regulations on short notice or without ?ny notice. The results secured sustain the chief contentions of the United States in the arbitra tion. LONGWORTH, LOSING BY 97 VOTES, SPENT $1,500 WASHINGTON, Nov. 15.—-Representa tive Longworth of Ohio, who was de feated for re-election by 97 votes, spent $1,500 in his campaign, according to his report, received today by the clerk of the house. His opponent, Stanley E. Bowdle, reported he spent $857. EXTRA!! Special Purchase Staple suitings, suitable for all the year round wear. WADE TO ORDER $25t0530 Take advantage of this special offer, as these suitings can not be duplicated at the prices. Now on Display in Our Window Made by Union Tailors in our own shop. Best linings and interlinings. Make One of These Your Thanksgiving Suit Overcoats* to Order $30 to $50 KELLEBER & BROWNE THE IRISH TAILORS TtO Market. 33 Geary. GIRLS RESCUED WITH FIVE MEN FROM DARK PIT Mine Explosion Entombs Seven Persons in Shaft for Four teen Hours FRISCO, Utah. Nov. 15.—Two young girls and five men were lifted one by one from the cage at the mouth of the Horn Silver mine at 1 o'clock this afternoon, while 60 miners from near and far and men, women and children of the little town of Frisco cheered' and' sobbed with joy. For 14 hours the seven had been held prisoners 300 feet below the surface of the ground, while the rescuing miners toiled in 15 minute shifts to clear away the mass of earth and timbers that barred the way to light and air and life. Two daughters of Mine Foreman Roy Alexander, Daisy and Hazel, aged 16 and 19 years; David Banks, Arnold Robinson, James Riley, John White and a Greek miner whose name is not known, were on the 300 foot level of the mine at 10 o'clock last night, some of the miners at work, the girls and two of the young men looking on. when there was a tremor of the earth, then a blast of wind that snuffed every candle, followed by another roar and quake and finally a stillness that made the dark more terrible. Riley, a shift boss, relit his candle, hurried the party back into the drift beyond the danger of further caves and picked his way toward the shaft where the 6lide had taken place. Finding the compressed air pipes still in po sition, he tapped a signal to the men on top and a little later was able to make his voice heard through the pipe line. The message of cheer came faintly Twglvg Reasons Why YOU should Buy NOW in StFr^ncis^odd CROSS SECTION OF I ST FRANCIS DOUIEVARD i AO FODT BITUMINIZED STREET 1 ?GASOLIER GASOLIER? V /fFIRE HYDRANT 1 T f ii ■ ■iiitin ■■■■■■■■lllllliiii mini ii y mii yl r — *°' s—««*—« I?.° 4 £6U. STRIP FORKING STR!P-> -6'-^ HIGHEST CLASS Jlx fqdt forking) 1 = ' Reasons No. 5 to & will appear in next week's papers. St Francis Wood will have the highest class of street improvements ever offered to San Francisco lot buyers. Olmsted Brothers of Brookline, Mass., have brought thirty years' ex perience, gained in as many cities, to the design of this work. Never before in California have permanency, convenience and beauty of street improvement been so well combined as in St Francis Wood. Streets will be paved with concrete base and roughened asphaltic surface that gives footing to horses and traction to motors. Sidewalks of concrete beautifully patterned with brick are now being laid. Thousand's of feet of heavily armored curb are already constructed. Sewers and gas and water mains will be laid in sidewalk areas and private easements so that the pavements need never be torn up. Electric wires will be placed in conduits, eliminating hideous poles from streets. Beautiful gasoliers will furnish ample street light; frequent hydrants will minimize fire risk. Wide, highly-cultivated parking spaces will transform the barrenness of most San Francisco streets into the beautiy of a private garden— AND ALL THESE IMPROVEMENTS WITHOUT ONE CENT OF BURDEN UPON THE LOT OWNER. With the installation of each of these highest class improvements* the value of lots in St Francis Wood will rise. Therefore buy now in St Francis Wood. 8t B ? b^? mi\ ~Tl~&FZf&&x*j'> H%__ " HSki f-SP :^^s UU-J LOCATION ,1 i «- (gffiTRANBFORTATKy«) J St Francis Wood is but three and one-half With the completion of the Twin Peaks Tunnel, miles from the Civic Center of San Francisco. It St Francis Wood will be less than twenty minutes is at the exact center of what is to be San Fran- by fast electric train from the business center of Cisco's finest residence section—the Merced Dis- San Francisco. The western portal of the tunnel trict. Is but a block from the property—the first stop west From the main entrance of St Francis Wood fire of the tunnel will be made at its main entrance, of San Francisco's principal boulevards — Sloat, Two car line*, now pass this main entrance— Corbett, Dewey. Junipero Serra and Ocean—radiate the Ingleside (No. 12), serving the Mission and in as many directions.* wholesale district; the Ellis (No. 20), serving the St Francis Wood Is in Sutro Forest on a gentle, Western Addition and the shopping and theater sunny, sheltered elope, overlooking Lake Merced district. and the Pacific, and midway between Park and Beginning January let, the Ellis cars will run Beach. from Fourth and Market without change to St It occupies an Ideal suburban location near the Francis Wood on a ten-minute headway. business heart of a great and growing city and Today—good car service—low prices. iirect line of its srowth. ii. i , i ~i m Tomorrow — improved nel will double—the ~» Soon—unequaled elec growth of San Francisco fl/MRi! SJLm*i QM (( »- " triC tr3ln service—fast ' Therefore buy now in PRcmlcri Therefore hoy now in St Francis Wood. ' = * St Francis Wood. i The restrictions that govern St Francis Wood j 1 q C f f C protect both home buyers and investors against p a i j D.V street \*JiT unpleasant surroundings and property deprecia- *->V /MltomODlle tion - Go by automobile (No O, »0) and transfer They stand between the purchaser and the nui- through Golden Gate at '20th' avenue and sances—-stables, laundries, undertaking establish- Park along -the South Tinr-nin to a car that ments —that ruin neighborhoods and reduce values. _ . ~„.. mm direct to St They bar the spite fence and the shack, the fiat Drh-e t0 19th avenue, Francis Wood. On and tne apartment house, the corner grocery and thence over this aye- Pundav our automo- the saloon. . nue to Sloat Boule biles meet cars at They guarantee wide lots—none less than fifty yard- a short turn to 20th avenue and Un- feet; freedom from crowding, ample garden space .. . , coin way. at front and sides, light, sunshine, air—houses of the east » dner 19, by the Daughters of California Pioneers in Pioneer hall. Musical numbers will be furnished by Mrs. Frances Hamilton, the talented singer, and K. Lewys. concert pianist. IMMENSE VALUE IS INVOLVED IN OIL LAND SUIT Title to $500,000,000 Tracts Awaits Federal Supreme Court Decision WASHINGTON, Nov. 15.—Title to western oil lands valued at the stu pendous figure of $500,000,000 is said to depend upon the outcome of the legal controversy which opened in ear nest today before the supreme court of the United States. Edmund Burke filed before the court his printed argument in favor of a claim to a portion of the land in controversy, scathingly ar raigning the Southern Pacific Railroad company, also fighting for the prop erty. The case will be argued orally January 6. The land in controversy in this par ticular case is in the oil fields of southern California. The Southern Pa cific claims it under the land grant act and interior department patents which contained the provision, "ex cluding and excepting all mineral lands, should any such be found in the tract." According to the brief filed today the interpretation of exception would determine the Southern Pacific's claim to oil land worth more than the entire railroad itself. The brief charges the railroad with attempting to control the mineral de velopment of California through dum my corporations, and suggests that if it would stop this it would have more time to devote to the carrying of pas sengers and freight, "just as it has greatly enhanced its value since the few years it was relieved of the po litical control of California." 3