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illled columns of Th» ,Hbkai.d, 3d Page; advertise ment* there only cost Five Cents a line. VOL. 36.—N0. 19. ROTTEN TO THE CORE. A Bad State of Affairs at the Crescent City. The Grand Jury's Report on the Italian Incident. Six Indictments for Jury-Bribing; Returned. The Arch-Conspirator O'Malley Escape*. The Action of the Lynchers Tacitly Endoraed. Associated Press Dispatches. New Orleans, May 6. — After six weeks' investigation the grand jury com pleted its labors in the Italian case, and this afternoon presented a voluminous report to Judge Marr. The report re cites the killing of Chief of Police Hen nessy, the trial of the Italians, etc., and, referring to the verdict rendered, says: "We cannot be mistaken in the asser -1 tion that the verdict waa startling,amaz ing, a bitter disappointment, shocking to public opinion, provoking to the re peated accusation that some of the jury had been unfaithful to their office." The report goes on at considerable length to speak of the comments made on every side before the termination of the trial, touching the action of some m embers of the jury ; remarks dropped in and about the court room ; the quar rel in the jury room, etc. "Careful ob servers," it says, "testified with special reference to the marked inattention of the jury as the witnesses submitted their evidence—conduct most unbecom ing and fraught with the gravest conse quences, when the .momentous import of the issue is considered." "tVeare led," continues the report, "to conclude that the jury undertook to , try the case when it was submitted, by their own estimate of the value of the statements made by parties not called as witnesses. With strange unanimity they dwelt upon what they knew by reading and hearsay of certain incidents * of the assassination, prior to the trial, and made those the basis of powerful persuasion for giving the accused the benefit of the doubt, and concluding the deliberations in their favor. "We take occasion to say it was not expected to obtain any evidence of un due influence from members of the jury ; for those who were uncorrupted had nothing to reveal, while others would not make themselves particepscriminis; yet in their numerous statements much was obtained having direct connection with, and supported by, a great volume of testimony elicited during the course of the inquiry. "It is clearly brought out by the evi dence of the jurors that, as affecting three of the accused, Politez, Scaffedi and Monasterio, the jury was engaged in deliberation four or five hours, and, on repeated ballots, stood six gnilty, six not guilty. This is a clearly defined indica tion of the coftviction of the jury as to three of the accused. It forces the con clusion that the evidence was sufficient to justify six jurors who stood resolute and determined for a. verdict of guilty, making it well nigh impossible to reach any other conclusion than a mistrial. The three accused named above were probably unwilling actors, designated by the leaders of the conspiracy to execute a villainous part, of which they had neither personal motives nor interest. "Following this investigation it was quickly learned that talesmen had been approached in various manners, the vile work even being carried on in the court room during the trial. One favored expression was that big money might be made by going on the jury and doing right. There is no doubt that such at tempts, made by various parties in the Bervice of the defense, were entertained by some talesmen and scornfully re jected by others. In some instances a rebuff was met with the answer that it was a joke, but surely a wed-directed joke of deep significance, when the lead ing part was enacted by the counsel of one of the accused awaiting trial, now under indictment for attempting to bribe a juror. "Another class of talesmen took special care to deny any knowledge of the vile work, or showed a remarkable deficiency of memory, causing us to con clude that they were silent from fear, or had been cautioned about incriminating any one. A number of witnesses most emrjhatically denied having been ap proached or spoken to, even after tell ing it to friends who informed us. "Among the talesmen a number of citi zens have nobly come forward, relating their experiences, furnishing some of the missing links in the chain of cir cumstantial evidence drawn around the organized gang of jury-bribers. It is not to be questioned that the work was systematically executed after careful preparation, and had to be done quickly. The necessity was imperative for a com plete list of the talesmen. The grand jury knows that a list of the talesmen was in the office of O'Malley and Adams at 11 o'clock Sunday mprning, February 22d, though the trial judge had issued special orders that the list was not to be made public or given to the counsel of either side until Monday. It is not shown by whose hands the list was re ceived, but enough is shown to confirm the secret and powerful influence of the so-called private detective agency and Counsel Adams to handle the machinery of the court. The evidence shows that the list of names was tampered with when drawn from the jury wheel, and before it reached the jury box in court. O'Malley was put in possession of the lists almost immediately after the names were drawn, and before they reached the district attorney's office. Influential friends alone could accomplish this, but this was secured in the person of one of the jury commissioners lately removed. "It is further learned that in the office of the detective agency is kept a book of names and addresses of jury men. Out of 300 names drawn for the February panel, thirty-two were on O'Malley'B list, and later as talesmen were drawn many more names appeared that were on that list. Truly, the busi ness of this enterprising detective s agency was facilitated when thirty-two LOS ANGELES HERALD. names of their selection could be drawn on a panel of 300 jurors, from a wheel containing 1000 names." The report goes on to speak of the un reliability of some of the deputy sheriffs about the court and at the Parish prison, although they were not detected in any act of infidelity. When the in dictments against McCrystal and Cooney were read in the court room in blank, the fact was at once communicated to the indicted men, by Borne subordinate of the court. When these men were ar rested in O'Malley and Adams's office, a deputy sheriff, at the request of O'Malley, reported to the court that the arrest <« as made on the street. The report dwells on the sworn state ment of Thomas Collins, as of the great est value. He, after entering the em ploy of O'Malley and Adams, was com missioned as a special officer by the mayor and paid by the city. "His du ties," says the report, "while acting in his double capacity, were performed with the strictest fidelity, as evidenced by his daily reports of everything seen or heard. Its details and material fea tures are so closely connected with the circumstances of the trial, as confirmed by other witnesses, that there is not the slightest reason to doubt the accuracy and correctness of Collins' sworn state ment. It unfolds the whole story of the iniquitous workings of the arch-conspir ator and his lieutenants, revealing the boundless power of a man to overcome and defy the majesty of the law in crim inal and civil proceedings, through the operations of an unscrupulous private detective; "The difficulties of establishing the ex istence oi such conspiracies by adequate proof are almost insurmountable. Se crecy is the essential element, and sel dom does it happen that any one of the participants will reveal tne villainy, either before or after its execution. "Sufficient evidence, however, was of fered by voluntary and reliable witnesses to justify the indictment of six men, as follows: Thomas McCrystol and John Cooney,with D. C.O'Malley, for attempt ing to bribe talesmen, and Bernard Glandi, Charles Granger and Ferneard Armant, for attempt by each to bribe three different talesmen. These parties are shown to have been closely intimate with O'Malley, often in his office, in formed of all his doings, and wjere active workers in the jury-fixing business, gen erally. "We are forced to the conclusion that Dominick O'Malley is chargeable with knowledge of, and participation in, most if not all of the unlawful acts in connec tion with that celebrated case. Without his assiduous and corrupting influence, we believe the verdict would have been radically different, and, as a natural consequence, the tragic occurrences of the 14th of March last never would have been recorded. "McCrystol's voluntary statement to the grand jury, partly in the shape of a confession, is to the same point, and causes us to think he would have told more but for the power and influence of O'Malley and his associates. McCrystol and Cooney were the trusted accomplices, and figure throughout the whole affair with 'prominence, showing the high appreciation in which their services were held. "We cannot fail to refer to the inti mate relations existing between a class of ward politicians and the prime mov ers in all these infamous doings. We have it mo9t directly confirmed that a person holding the position of inspector of weights and measures was often at the agency, and was seen coming to the court house with a talesman the day he was accepted as a juryman. "There is confirmed evidence that the influence of O'Malley with the night watchman and inspector of the electric light plant was so great that he caused them to manipulate the light at the corner of Girod street and Basin, the night the jury was taken to the scene of the assassination, to correspond with its alleged actions the night of the murder. His influence also accounts for altera tions in the book of records at the elec tric light plant. "From ,the beginning of the investi gation there is continuous evidence of a pernicious combination of what is known as O'Malley's detective agency. It advertises that one of the ablest criminal lawyers at the bar is attorney for the agency. We know for an abso lute fact that a bank account is kept, and checks drawn in the name of O'Malley & Adams,the interested parties being D. C. O'Malley and Lionel Adams. Such a combination between a detective and a prominent criminal lawyer is un heard of before in the criminal world, and when we contemplate its possibili ties for evil we stand aghast." The report then goes over O'Malley's record from the time he served a term in Cleveland for larceny, detailing in dictments found against him in New Orleans, convictions for minor offenses in the criminal courts, etc., and says: "So pernicious to the administration of justice were his doings that while Judge Roman presided in the criminal court, he ordered O'Malley excluded from the room. This was during the time the detective's present associate, Lionel Adams, was district attorney, and it is a significant fact that two indictments against O'Malley for tampering with witnesses were not brought to trial, but were nolle proesed by the district attor ney, prior to the expiration of his term. "The inside view we were enabled to get at the workings of this detective agency, through Detective Collins, abundantly corroborated from many sources, convinces us that it had at its command a band of perjurers, black mailers, suborners and jury tamperere, and that it has for some time been an element of discord in the community, and a stumbling block to the adminis tration of justice, which should be erad icated. That its career of crime has not been cut short is a matter of wonder, and is no doubt due to the fact that O'Malley and his coworkers banded to gether for self-preservation. "The extended range of our researches has developed«the existence of the secret organization styled the Mafia. The evi dence comes from several sources, fully competent in themselves to atteit its truth, while the fact is supported by a long record of blood-curdling crimes, it being almost impossible to discover the perpetrators or secure witnesses. The officers of the Mafia and many of its members are now known. Among them are men born in this country, of Italian origin, using their power for the basest purposes, be it said to their eternal dis grace. The larger number of the society is composed of Italians and Sicilians who left their native land, in most cases, under assumed names to avoid convic WEDNESDAY MORNING, MAY 6, 1891. —TEN PAGES- tion and punishment for crimes. Others were escaped convicts and bandits, out lawed in their own land, seeking the city of New Orleans for congenial com panionship of their own class. These men knev; the swift retribution of the law in Italy, for hundreds have been shot down at sight by the military in the mountains of Sicily, without second thought. Today there is recorded in the office of the Italian consul in this city, the names of some eleven hundred Italians and Sicilians landed here during several years past, showing official records of thefr criminality in Italy and Sicily. Hundreds of them are among us today. We doubt not that the Italian government would be rather rid of them than be charged with their custody and punishment. "It cannot be questioned that secret organizations whose teachings are op posed to the fundamental principles of government of the United States must be a continual menace to the good order of society and the material welfare of the people. The law is the safeguard of society; its just execution expresses the will of the people in condemnation of crime, but when this lofty principle is condemned by the practice of assassina tion for revenge or spite, and the crime concealed under the most binding oaths, rendering powerless the efforts of the law to reach the chief actors and secure witnesses, it becomes the duty of the people, in the exercise of their sovereign rights, to issue their decree of condem nation. "That verdict has been rendered. The power of the Mafia is broken. It must be destroyed as an element of dan ger, a creature of leprous growth in this community." The report goes on to severely reflect on the action of some of the jurymen in the trial. "Some of the jurors "testified in most emphatic terms that had it not been for the persistent and well directed efforts of three jurymen, conspicuous from the first, the verdict would have been materially different. It is certain that the special efforts of the counsel for the defense was to select for service such as were well under O'Malley's in fluence. What can be thought," when three jurors were accepted with only some unimportant question, or the clerk told to swear them without ques tion! This is a proceeding almost un heard of, but it has its meaning as well as other instances." The grand jury goes on at great length to talk on the immigration question, setting forth the evils of the present methods, instancing the recent introduc tion of Italian emigrants without any examination whatever, and whose names, even, were not on the passenger lists of the ships. It declares that a crisis is reached, and on the magnitude of the issue it becomes the duty of the next congress to quickly enact such vig orous laws that complete protection shall be afforded. The grand jury says it has at no time lost sight of the necessity for a thorough investigation of the whole affair. They examined a large number of witnesses, embracing those who were .present at the memorable meeting on Canal street, in the vicinity of the prison, etc. "It is shown in the evidence," says the report, "that the gathering on Saturday, March 14th, embraced several thousand of the first, best and even most law-abiding citizens of the city. We found a general sentiment among the witnesses, and also in our intercourse with the people, that the verdict rendered by the jury was contrary to the law and the evidence, and secured mainly through designing and unscrupulous agents, employed for the special purpose of defeating the ends of justice. At that meeting a determin ation was shown that the people would not submit to the surrender of their rights into the hands of midnight assas sins and their powerful allies. The as sassination of Hennessy was deemed necessary to prevent the exposure and punishment of criminals whose guilt wa9 being fast established by his diligent pursuit. The condition of affairs in this community, as to a certain class of violators of the law, had reached such a stale that the law itself was well-nigh powerless to deal with them, so iar-reaching was their power and influence. In the pub lic meeting on Canal street, general and spontaneous in character, as truly in dicating an uprising of the masses, we doubt if any power at the comand of the authorities would have been sufficient to overcome its intentions. "Evidence is before us from official sources that eleven persons were killed in an attack on the prison. We find that eight of them were beyond ques tion American citizens, and another had declared his intention, which act carries with it renunciation of allegiance to his native country. The magnitude of the affair at the prison makes it a difficult task to fix the guilt upon any number of participants; in fact the act seemed to involve the entire people of the par ish and city of New Orleans, so profuse was their sympathy and extended their connection with the affair. In view of these considerations a thorough exam ination of the subject has failed to dis close the necessary facts to justify this grand jury in presenting indictments." WORLD OF SPORT. George Dixon and Abe Willis Matched to Fight. San Francisco, May 5. —A dispatch was received today from George Dixon, the colored bantam, accepting the offer of a $5000 purse made by the California Athletic club last night, for a finish contest between him and Abe Willis, to take place in July. Dixon wires that he will leave Boston for this city within the next ten days. BASEBALL RECORD. Cleveland, May s.—Cleveland, 14; Cincinnati, 10. Philadelphia, May 5. —New York, 5; Philadelphia, 0. New York, May 5. —Boston, 12; Brook lyn, 6. Chicago, May s.—Chicago, 1; Pitts burgh, 0. Boston, May s.—Boston, 7; Washing ton, 4. Philadelphia, May s.—Athletics, 18; Baltimore, 5. St. Paul, May s.—St. Paul, 19; Kan sas City, 10. Milwaukee, May 5. —Milwaukee, 8; Lincoln, 12. Sioux City, May 5. —Sioux City, 7; Denver, 2.. Minneapolis, May s.—Minneapolis, 6; Omaha, 11. A suit with an artistic cut and fit, first-class workmanship and linings, can be had at H. A. Gets, 126 W. Third it. TAKEN IN CUSTODY. The Chilean Steamer Itata Seized. Marshal Gard Takes Possession of the Ship. An Insurgent Man-of-War Also Un der Surveillance. The Seizure of Vessels Carrying Contra band of War Authorized by the State Department. Associated Press Dispatches. San Diego, Cal., May 5. —This even ing United States Marshal Gard seized the Chilean steamer Itata, now receiv ing supplies in the harbor, and placed Captain Mauzeum under arrest. Tele grams have been passing between this city and the state department at Wash ington, which brought about the above results. Tugboats have left to seize two vessels seen outside, one of which is supposed to be the Robert and Minnie and the other a ship belonging to the insurgents, which have been hovering around the entrance to the harbor to receive the supplies taken on board by the Itata. A MYSTERIOUS WAR SHIP. The warship was first sighted about noon, today, going north. Ten hours later she repassed the harbor, going south, laying to just north of the Coro nado islands. Customs Officer Berry sent a party out to investigate, who re ported seeing a large vessel under steam, which they could not approach nearer than two miles on account of steaming away from them. Orders were received from Secretary Blame to seize both ves sels if found within the twelve-mile limit, and both Marshal Gard and Col lector Berry have gone out tonight in different tugs for that purpose. THE ITATA'S SUPPLIES. Tonight the Itata received forty head of cattle, twenty-five head of sheep, and 3000 pounds of dressed meat from the ferryboat Coronado. The vessel has also been receiving other stores, including 800 tons of coal from the Spreckels bunk ers. As soon as all the provisions and fuel were on board she expected to leave the harbor and cruise between here and Catalina to meet the schooner Robert and Minnie, from which she was to take Remington rifles and ammunition. She was to sail this evening. GRACE & CO. DISOWN THE ITATA. New "York, May s.—Regarding the statement that the transport Itata, now at San Diego, Cal., and said to be receiv ing arms for the revolutionists, was their vessel, Grace & Co. say it Is not so. They are agents for a South Ameri can company, which owned the Itata before she was seized by the insurgents. Since her seizure, Grace said his com pany had not had control of the vessel. HOW THE WAR IS KEPT UP. From stories now current in this city it appears that two prominent commer cial houses, both having very large in terests in Chile, are furnishing arms, ammunition and money to the two fac tions, Balmaceda's forces and the revo lutionists. The houses mentioned are opposed to each other commer cially, and each is doing its utmost to have the faction it supports win. News was received •by one firm yesterday from Buenos Ayres that its competitor had sent a lot of rifles and ammunition to aid Bal maceda's forces. Commercial house No. 2 has been charged by the other with sending arms and ammunition to the insurgents. The price for which both houses are struggling are valuable con cessions promised by the factions in the event of victory. It is stated here that the war is being kept going by the ef forts of these two New York houses. UNCLE SAM OFFERS TO MEDIATE. Washington, May 5. — The govern ment of the United States has instructed Eagan, our minister to Chile, to offer to mediate between the combatants in that country in the interest of peace and good order, and the perpetuity of republican principles of government. MEDIATION SOLICITED. Paris, May s.—An official dispatch received from Chile says: It is pro posed that three members of the con gressional or insurgent party, and three members of the Balmaceda or presiden tial party, should be appointed in order to confer upon and discuss some ar rangement which would bring peace to Chile. President Balmaceda has so licited the good offices of Brazil, the United States and of France, in an ef fort to restore peace in Chile. He asked these three countries to unite in en deavoring to make peace. SONS OF VETERANS Their Next Encampment to Be Held at Fresno. Bakersfield, May s.—The Sons of Veterans received an address of wel come last night by Hon. G. W. Wear, responded to by Fred V. Woods, colonel of the order. They transacted only routine work today. Tonight they were banqueted. The following officers were elected: S. L. Blodgett, Bakersfield, colonel; George D. Barker, Oakland, lieutenant-colonel; D. J. Matlock, Los Angeles, major; R. K. Gordon, San Francisco, representative to the national encampment. The next encampment will be held at Fresno. THAYER GOVERNOR. The Nebraska Supreme Court Declares Boyd Ineligible. Lincoln, May s.—The supreme court has decided that Boyd is ineligible as governor, because he is not a citizen, and declares Thayer governor. A Little Affair With Germany. Washington, May 5. — The United States minister at Berlin has been in structed to bring to the attention of the imperial German government, the case of Nicolai Bader, a convict who arrived in New York recently, hie passage being paid by the German authorities. A HOME-RUrNT~ ANOTHER MM MADE HAPPY. That is what we are doing every day, making people happy. Here you see a man hurrying home to show his loving spouse his handsome new suit. It pleases;him, and it surely will please her. For every woman likes to see her husband neatly dressed. In spite of the very large stock placed on sale by us during February, March and April, the month of May still finds us receiving large invoices. Yesterday we received 350 pairs,of pants and a large invoice of Boys' and Children's Suits. As the season is advanced now with the wholesalers, our New York buyer was enabled to buy these goods 20 per cent under price. They will be sold accordingly. Cor. Spring and Temple Streets. JACOBY BROS.' Philadelphia -:-Shoe-:-House! 128 and 130 N. Spring St. CHANGE - OF - LOCATION! lii]portant Notice ! THE PHILADELPHIA SHOE HOUSE WILL REMOVE MAY ist TO 215 NORTH SPRING STREET, Three Doors North of the City of Paris, INSTEAD OF 309 NORTH MAIN STREET. Don't Forget Our teat Removal Sale! That continues while our new building is in the course of erection. -:- JACOBY BROS., -:- PHILADELPHIA SHOE HOUSE, 128 and 130 North Spring Street. "CX)R HELP WANTED, BTT- L nations Wanted, Houses and Rooms to Rent, Sale Notices, Business Chances and Profes sional Cards, see 3d Page. FIVE CENTS.