Albuquerque morning journal. [volume], October 08, 1905, Image 1

About Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926

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ALBWQUEBQUE MOBNINGr JOUffiM
Cj?NTY-SEVENTH year
ALBLQUERQUF, NEW MEXICO, SUNDAY, OCTOBER 8, 1905.
By Car'
PRICE 5 CENTS
I'CAIL MUST RETURN
POLICYHOLDERS' MONEY
OR LEAVE MISSOURI
Stale Insurance Superintendent Demands That
Campaign Contributions Be Made Good in
Thirty Days or He Will Revoke
License of Company.
VAN DIVER ARRAIGNS HEAD OF
NEW YORK LIFE FOR GROSS
VIOLATION
Jefferson City, Mo., Oct, 7. Stte
Superintendent of Insurance Van Div
er today sent the following letter to
President John A. McCall of the New
Ynnk Ufe Insurance company:
"To Mr. J. A. MoCpll, President New
York Life Insurance Company: , .
"The recent startling disclosures in
regard to the management of the
funds of the New York Ufe Insurance
company and particularly the testi
mony of yourself and other officers of
the company, given before the Inves
tigating committee of the New York
legislature, make it my duty as super
intendent of Insurance for the state of
Missouri to communicate to your com
pany the views and requirements of
this department, to the end that the
policy holders in this state may not be
defrauded of any portion of the divi
dendo or surplus earnings that are
Justly due them on the premiums that
they have paid.
"The public has been very properly
taught by yourself ami other officials
of great Insurance companies that the
funds of a mutual company constitutes
n fiduciary trust, held and administer
ed for the sole use of those named ns
beneficiaries, many ot whom are or
will be widows and orphans; nmt
many thousands of people have tuken
Insurance .in your company because of
this very fact and the assurance that
every dollar of assets belongs to the
policy holders. That any portion of
the policy holders' premiums, or pro
fits on premiums, eould be diverted to
political purpose or other uses not
contemplated when the premiums
were paid in, and not consistent with
the avowed purpose of a life insur
ance organization, must be considered
by all right thinking people as a gross
violation of u sacred .trust. It not em
bezzlement as defined by the statutes.
"This lrurtimnt holds, therefore.
Hint all moneys taken ly your order
from the Ireusury of Hit- New York
Ufe Insurance company nml donated
to any politlón! campaign committee
or to nny legislative agent or lobbyist
for aiding or defeating legislation
whether audited or unaudited on the
hooks of the company, were taken
Ithout wan nut of law or morals and
without proiwr appreciation of your
responsibilities ns trustee of the funds
committed to your keeping;. And
therefore this department must Insist
that all fund so used by you or by
your order, and particularly the sum
or $1 18,702.50, which amount - you
confessed to having contributed out of
the funds of the company to the re
publican national campaign commit
tees for the years 18fl, moo and 1901
must be replaced In the treusury of
said New York Ufe Insurance coin
'puny within the next thirty days.
"Notice Is hereby served on the
New York Ufe Insurance company
that lililíes this requirement Is met or
assurance Is given that It will he met
without unnecessary delay, I. as super
intendent off Insurance for the stnte f
Missouri, will proceed under the pro
vision of section 8, I. 22, revised slut
mi's of .Missouri to cancel or revoke
Hie' license of the company to do bus
iness In this slate."
"There are( many other transaction?
disclosed by the Investigation now in
progress, particularly the payments ol
large urna of money to one J. (5.
Hamilton without any accounting or
auditing on the books of Hie company
And the occupancy of costly real estate
nf the company by members of your
family at a rental so low as to be
practically a gift of the property; and
also the protection of a subsidiary
company from the lof of many thous
ands of dollars by rhe use pf policy
holder' money, as well as Immensean"
disproportionate expense of the com
pany in lis mad rush for new business,
all of which Indicate the grossest im
propriety and recklessness In manage
mentand may call for further Inves
tigation and official acimn. Uut from
the facts already disclosed it I evi
dent that the Interests of the policy
holder of the New York Life Insur
ance company, as well hs llie public
generally, demand a ehanwe In the
management of the company. This
department Will, therefore. In -1st that,
a new president and vice presiden! and
finance committee be put In charge of
the affairs of the company as soon ns
Ms board of directors may be uble to
effect a change.
"Very respectfully,
"W. D. VANDIVEK."
lirCIIF.fi NOT ANXIOI S
Tt KI N FOH M.WOlt
New York. Oct. ".The committee
sent to confer with Charles K. Hughes,
examining eounselforthelcglslatlve In
surance investigating committee, who
was nominated for mayor for the re
publican cltv convention last night,
would not discuss the result of the
conference when they left the Hughe!'
house this morning. Hughes said: "I
have given no encouragement to Ihe
committee Bnd I am strongly convinc
ed I ought not to accent the nomlna-i
Hon."
Scl.lffcr SHU Missing.
New York. Oct. 7. No Information
tías been received of the whereabouts
of Abrnham Schiffer. the missing
banker of Alamosa. Colorado, who was
erroneously reported yesterday to be a
member of the silk firm of f'elgram
and Meyer, whose sole niembe.r ore
OF SACRED
Herman and Alfred Schiffer. CoJ
for the firm raid: Abraham csme
east to obtain funds with which to
maintain the bunk. The firm was ready
to ussist, and made arrangements ac
cordingly. Abraham left to perfect
arrangements at Alamosa, but has not
arrived there,"
l'coiin Bunk Closes.
Washington, Oct. 7. The comptrol
ler of the currency received a telegram
announcing that the Peoria National
bank, Peoria. 111., has closed its doors
upon the order of Its directors. Na
tional Bank Examiner Bosworth has
been appointed receiver.
Will Be Paid In Full.
Peoria, III.. Oct. 7. Cashier. Spring,
of the -National bank, which closed its
doors this morning said every deposit
or would be paid in full. The direc
tors decided to close the bank as a re
sult of the disclosures concerning the
operations of Its president. School .Su
perintendent Dougherty, who has been
Indicted for alleged shortages. The
bank's deposits amounted to over a
million dollars.
WILL
BELLIGERENT BRITONS
WOULD FIGHT DUEL
KAUIi K1MBFBI.KV A XI) Fit I FX D
sAPWFii un)K ia;;f.u.s AT
FAC1I OTHF.lt.
London, O'-t. 7. A sensational
s;ene occurred at the meeting of the
Norfolk couivty council today. Karl
Klmberley, sou of the distinguished
Liberal statesman of that name who
held many cabinet offices, member of
the council, accused a fellow member
mimed Sitiwell of underhand methods
and challenged Sapwell to take a train
for France, whore, he said, "we can
light It out under proper conditions."
The challenge was received with
laughter nml treated as a Joke by Ihe
other members of the council. After
1 1 1 meeting had closed the earl re
newed his challenge, and Sapwell pro
posed to fight In it room of a nearby
hotel. The carl Insisted that they
must fight abroad and said that if Sap
well refused he was a coward.
At this point other members of the
council Intervened and later the Inri,
dent was declared closed.
Mills Kesume In Chicago.
Chicago. Oct. 7. Boxing contests
were resumed In Chicago tonight, after
being under the ban of the police for
many months.
Five conleHs of six rounds each
were carded nt the Chicago Athletic
club. The main event was between
Honey .Mellndy of Boston. and Hick
FiUpatrlck of Chicago, which was de
clared a draw. Flt.patrlck was hog
fat. outweighing Mellndy by ot least
20 pounds. Both men were considera
bly punished.
rssei ,,r
' 1
AMERICAN CONVICT
UNMASKS VILLAINS
IN LONDON TOWN
Remarkable Criminal Turns
King's Evidence.
COiNSPIRUOKS AND FORGLRS
DEEP IN THE TOILS
London, Oct. 7. Charles Fisher,
in American convict, now serving a
ten years' sentence In England for
burglary, was the principal witness
for the crown at the Westminster po
lice court Unlay. In a case again: Tal
bot Brldsew'ater. describing hlmseifas
a. medica! specialist; Lionel Pevton
HcJmes. Wi!liaii Edward Shawkei;
and Elizabeth Foster, said to tve
Brldgewaler's w ife, i barging them
in conspiracy an I lorglug the name
larshall Fox, an American resi
dent in London, to a (heck tor í-l.nit.í.
Fl.-her said tie was born In New
York and that he had served several
isentencea in America. He broke jail
in Cincinnati in 1892 and escaped to
England, but was rearrested and re
turned to the Culled States on an ex
tradition warrant. T'.ie case against
'.he defendants dates buck to the sum
mer of 1904. Brldgevvuter. it is (barg
ed, was the originator of the plot. He
Is alleged to hive paid attention to a
lady, the secretary of Mr. Fox. and
who Is said to have installed Fisher as
a hoarder in her house at Streatham,
a suburb of London. KMier, It Is said,
secured wax Impressions of rhe keys
of Fox's safe tul the conspirators had
a key made from this and roi Fox's
check hook. Later Fisher was arrest
ed in connection with on of lire break
ing affair and sentenced to ten years.
The en -e has attracted considerable at
tention .from time to time as rhe pris
oners were brought up on remand.
Kccently Fisher turned king's evi
dence and ccnfessc.l to Ills srliar in
the Fox robbery to an inspector of po
HE
ADOPT
THE
BAY STATE DEMOCRACY
EULOGIZES MR. ROOSEVELT
Boston, Mass., Oct.
Charles W. Bartlett, of
was nominated by the
democracy for governor
7. l enera I
Boston, today
Massachusetts
There were
no contests for any of the places on
the ticket. The remainder of the tkk
et nominated follows:
Lieutenant Governor Henry .VI.
Whitney. Brookllne.
Secretary of State Henry B. Little,
Nravhurypoit.
Treasurer nnd Beceiver (eneral
Daniel J. Doherty, Westfieid.
TUSKEGEE TO CELEBRATE
VISIT OF THE PRESIDENT
Washington, Oct. 7. Kmmett J.
Scott, secretary to Booker T. Wash
ington, of Tuskegee Institute and
Charles W. Anderson, the negro ap
pointed collector of Internal revenue
of New York last March, called today
at the White House. Scott placed be
fore Secretary Ioeb the program to be
followed ,t Tuskege on the occasion
of the president' visit October 28. An
Interesting feature of the president's
lice In the jail where he is now work
lug out his sentence. .
Fi.sher's testimony today was an ex
haustive disclosure of his alleged con
nection with the case on trial, and his
career of crime. Since coming to
Kngland he has been ennvh ted three
times. He (elided that he was the ac
complice of a gang working in London
and Fhadowing a rit h American wom
an, and It is learned that he wíw. di
rectly collected wlUi she re.c nt rob
bery of n pe :rl necklace from Caris
tie's. Fisher said he never moved
iiboiu w ithout carrying wax for taking
impressions of links, and while nr
admitting that be was connected with
other big robberies, it was evident that
ho knew imih about them. He said
he had turned king's evidence hecaus?
h" wished to lead a new Ufe.
Rrtdgewater asserts that Fisher i
h red bv the mollee ami that the whole
of his alleged confession is a police
plot.
BRITAIN AM)' RUSSIA
WILL GET TOGETHER
I'HIPAIHXG TO XF.GOTIATF. COX
CFUXIXtJ CFXTU VI. AslAX
ixTi:ni.si. ,
London. Oct. 7.
gird to their re
CeiTlrul A.-li will
I'clwe.'u the P.v'tti
eriiicenls. These
-Nog. illations In re.
s e -live Interests in
fhortly he resinned
h and U i.-t.-l.m gov
were in active prog
ress when the wtr between Japan ami
I'll' !: broke out and necessitated
their postponement. The pour p.irlers
then whs principally centered on Af
ghanistan and h id re:ii lied a point
promising a satisfactory understand
ing. It M hoped here that an agree
mcr.'t may be reached defining tlif
spheres of Hussla and (Ireat Britain
respectively and furnishing guarantees
against furt'her advance on either side.
It is fully realized that this would be
a long step -towards improved relations
between thi-two countries.
Petition for Moh Law.
Houston, Texas. Oct. 7. A petition
from a number of citizens he ided by
II. W. Knight, of San Marcos, has been
presented, to Oovernor La n hum ask
ing the stale to permit mob punish
ment of negroes who assault women
The governor in his response said it
was Impossible for him to countenance
such a policy In view of his oath and
state legislation, which he is bound to
protect.
BABY?
3 -í F
Auditor P. J. Ashe, North Adams.
Attorney (enera I John T. Leahy,
lición.
The platform adopted declared for
revision of the tariff und the free ad
misión cf coal, Iron, lumber, hides,
wood pulp nnd other raw materials, II
commends the "diplomatic courage
and sagacity" of President Roosevelt
In aiding to end (he war In the fit
east; calls for state supervision of In
surant e companies and recommends
the municipal ownership of public
utilities.
entertainment will be n scries of sev-enty-nve
flouts that will pass In review
before him, Illustrative of the acad
emic, mechanical and agricultural de
partment of the school und the devel
opment of the negro. The nearly 1.D00
students will precede the floats, each
wearing a stalk of sugar cane lipped
with n cotton boll, roth raised In the
experimental station gardens of the
Institution.
LAWSON
AGAIN ON
TIIETRAIL
Wants Poiic) holders' Pro
tective Committee.
WIRES STATE GOVERNORS
ASKING THEM TO SERVE
Would Have Great National Commit
tee Take Hold of Insurance Com
parties and Weed Out
the Grafters.
Bonton, Oct. 7. Tilomas W. Lawsoti
lias sent (overnor Folk of Missouri
the following telegram in connection
w'th the movement by the governors
of iiPveral Hales an I olher prominent
i ers ns lo secure rest itut inn . of funds
illt iicd wrongfully used by large Insur
ance companies.
"Will you. wlih other governors nnd
"he st rouge.--1 representative men In
the country, serve on a policy 'holders'
oioleetlve committee of t'iie Faiult.ible,
New York Life ami Mutual companies,
unfettered except that it Is to take
possession of the New Yr.rk Life and
the Mutual and select directors on.l
controllers who .shall be pledged to
obtain full restitution and full pun
ishment or wrong doing, and as) oh
l.:in restitution and piinli'hnieivt of the
Fain U,a hie. wrong-doers. This commit
tee to represent no faction and be ob
ligated . to no one exiept the polky
holders, tt has been -decided yon
-boiiid represent your section in this
sacred duty. Kindly wire answer at
my expense. This Is vital. You will
not be bound until the other members'
names are submitted to you," The
telegram was sent yesteistay. Lawson
today declined to discuss- the proposi
tion. 'He wild that the telegram out
lined a pi in sufficient for present pur
poses. He also declined to make
known Míe nadies of persons to whom
the telegram bad been directed, al
though lie said that many governor
as well as leading civilians were
among those -addressed.
it was his purpose, he said, a.s soon
as possible to announce the names ot
those who had accepted t'hc Invitation
lo act upon rhe protective committee.
As soon as rlie personnel of the com
mittee was decided, he said, organiza
tion would he effected, and a definite
plan of action adopted.
((IV. JOIIXSOX BI'l ll'A'I'S
I WYSOX IS IX ICAH.XF.ST
St. Paul. Oct. 7. Governor Johnson
Is In receipt of a telegram from
Thomas W. I aw sou, asking him to be
one, with other governors, of a protec
tive comnwtfee for policy holders, to
demand restitution of the money by
the Mutual. New York Life and K(iiit
al'le companies, and lo punish guilty
'iflU lals. dovernor Jc.iinson replied lo
l.iwnn. accepting his proposition.
iMivernor Johnson said concerning Ills
answer:
-1 ion Tnoi-e than Willi ns to aid I.aw-
son in any reform of whli'h he Is the
head, for I believe he Is in earnest.
OLD HATETOR
GERMANY STILL
BURNS IN FRANCE
Reaction Comes After Ac
cord on Morocco.
NEWSPAPERS RENEW THEIR
CAMPAIGN OF CRITICISM
Taris, Oct. 7.--A marked reaction hi
public sentiment has followed Ihe
Franco-Oernian accord concerning the
Morocco conference. Jiany leading
newspapers are renewing their cam
paign of criticism against (Jermanv,
This Is due principally to Chancellor
Von Buclow's onen jlalements favor
ing a Bukso-Oci inaii i eapproitchmeiit.
The Matin reviews the circumstances
of M. IJelcasse's retirement, from the
foreign office, alleging that a number
of sensational events occurred in con
ue tlon with the change. M. Beleiissc
Is represented as making a speech to
the ministry, warning them if tiny
yielded lo the Cernían demands con
cerning Morocco the ministry thereaf
ter would always be tubject to Her
man dictation. The Matin further as
serts that Oreat Britain conveyed ric
llnlte assurances to France of her
readiness to mobilize the British licet
with a view of adopting agitiesslve
measures If Germany utlacked Frame.
TONTO FOrEFrLSERVE
W ILL CONSERVE WA1 ERS
TO ntOTFXT UFAD F TOXTO
( UKFK WHICH I I FBS (II FAT
III, SI, It VOI It.
Washington. Oct. 7. The president
has established a new forest reserve
In Arizona, which Is to be i ailed the
Tonto reserve and Is Intended to pro
tect the watershed of Tonto creek, an
-important feeder of the greut Irriga
tion reservoir to bo created near Phoe
nix. The reserve will contain 1,120,
000 acres and will extend north and
south, from the Mogollón plateau to
Salt river and ens! mid west from the
Verde valley to the White Mountain
Indian reservation.
Crowe iiels Decision.
Kan Francisco. Col., Oct. 7. Johnny
Crowe, of this city, was given the de
rision over Tommy Moran, on n foul.
In the fourteenth round before the
Colma club last night. '
.o
CUTS DOWN
THE RECORD
King of Pacers Makes the
Mile in 1:55 v.
EXCITEMENT UNPRECEDENTED
AT LEXINGTON TRACK
Amid Ideal Weather Conditions Mar
velous Horse Finishes Greatest
Performance Without Ap
parent Effort.
X
Lexington. Ky.. Oct. 7. Ban Patch',
king of acers. today clipped three
quarters Of a secoint from ills own, the
world's record, negotiating the mile in
t:.fi';.
The track was lightning fast und
there was no wind, and weather condi
tions were Ideal. Scott Hudson was
behind lie pacemaker. A strip of
cloill behind the w 'heels of the forward
sulky to prevent dirt being thrown be
hind was flie only suggestion of a w ind
shield.
Kersey was behind Dan Patch. Til'1
books offered 4 to a elt'her way on Ihe
result of the effort. There were
cheers when I'll 'a was hung out lor
the lir.-'t quarter. Dan l'atíh'a nose
was almost against Hudson's coat, and
;the cro-wd began vainly yellinit to
Hudson to move up. Hope was stimu
lated w hen 57 w is posted for the
half. The excitement became intense
when t'ho Hii ee-nuarters post wa
passed in 1:2:1 '. and the spectator."
began shouting encouragement to th.
drivers. Into the. stretch the great
pacer, still keeping bis even, seeming
ly effortless stride, the runner at hi"
sulky begin to crawl up. Hudson
gave a little more rein, but Kersey sat
like a statue, not urging ills charge
with Whip or word. Patch made no
hist supreme effort. He Just llnihed
the mile as he had begun It. He had
vanely broken into a sweat when led
lack to receive the plaudits of tin
i row d.
M. W. Savage. Patch's owner had
announced publicly thanks to llinh-in
for his work as pacemaker. He nisi
announced that Din Patch on
Wednesday would be sent against the
record of Li'.Oi. made without a dus
bield. The three f in;cst heats ever
pueud marked the 2:04 event, and tin
iverage lime for the total beats of 'the
lay was the. fastest on record. In the
Initial heal of The 2:04 pace. Haze:
Pilch gave the Lexington track Ihe
1905 race record of 2:0::. The tiex!
h'-at was won by Pacouda In :02 nal.
He likewise covered the third heat In
2:0414. The .three finishes were pro
nounced the most ncai iDic.iKing seen
this year.
XFW YOIÍKFH.S (- -?
SIHlbOim FOH l. l'ATCH
Lexington. Ky., Oct. 7. W. M. Sav
age tonight confirmed the report that
i N'ew York syndicate had offered him
I HO. 000 for Dan Patch, which today
paced a mile in the record-bro ikinp
time of 1 : 5 1 i .
A Itcnmi-kahle Feat.
Florence, Colo., Oct. 7. lty one of
the most remarkable feats of rescue
In the history of Colorado, lift y miners
were saved froin what peemed certain
death. ROD feet under ground In the
Kreinont coal mine of the Colorado
Fuel and Iron company which bad
mysteriously taken fire yesterday, Im
prisoning the men. One by one they
were pulled to Ihe surface by the use
of ropes and not until f o'clock tnlF
morning was the last man landed safe
on the surface. None of the men fell
my 111 effects from their experience.
The damage Is estimated at $70,000.
Twenly-Ncwn Killed In Wreck.
ltostoff-on-lon. Hussla, Oct. ".
Twenty-seven persons were killed and
ihlrty-llve Injured today by the wreck
ing of n fast mall train which left he
rails.
Wabah .Meeting Not l'oNlsmc.
Toledo, Oi't. 7. The rumor that
Ihe Wabash annual meeting scheduled
for Toledo next Tuesday Is. in be post
poned, cannot be eonllrmed here. In
fact, the local counsel of the conipnnv
deny the rumor.
NEW OILEANSSTILL
IN THE FEVER'S GRIP
'HUFF DFATIIS AMI TWFXTV
XINK XFW CASKS Ill'-POKI FH
YKSTKIlDAV.
New Orleans, Oct. ". Heport to C
p. m.:
New cases, 2.
Total, ü.líti.
Deaths. Ü.
Total, 410.
N'ew foil, K.
I'nder treatment, 207.
Discharged, 2.fétf.
UITFKX XFW OASI S
IN I'F.XSlCOI,A
rensacola, Oct. 7.--The fever sum
mary today Is as fnllhwr:
New eases, 15.
Total to date, 2.14.
Deaths, 1.
Total to date, 3.
Cases dlschaiged. 88. N.
Cases under treatment, 108.
mitchellToeTnot
expectcoal strike
THINKS 1)11 I1CF1TII-S WILL III:
S.VTISFAITOIUI.V AIMl'STKI)
IX SIMMXÜ.
nttsburg, Oct. ".John Mitchell,
when osked today regarding the possi
bilities of a Ft l ike next spring in the
ai'lhraelte fl"lds. said:
"As far ns I can Judge, everything
will work oirt harmoniously In Hu
mid. I can see no reason why there
should be a grand coal strike next
spring."
DAN PAT&
COMPLETE
SURRENDER
BY IIUBBELL
Former Sheriff Turns Over
Office to Armüo.
. -
RELEASED FROM JAIL AFTER
COMPLYING WITH COURT'S ORDER
Writ of Prohibition Fails to Fifure in
Proceeding by Which County
Jail Loses( Star
Prisoner.
V
Full and complete surrender by
Thomas S. Hubbell of his position In
opposition to the orders of the district
court; l urrying with It equally full and
equally complete surrender of all
property pertaining to the Hernallllo
county iherlffs office to Perfeeto Ar
mijo. the governor's appointee, marka
the end of the first diopter of the
rather Interesting sio-ry of the sweep
ing changes made In Bernalillo coun
ty orilclal circles by the
the 31st of last August.
governor on
Pending the trial of the title to the
oflhe upon Its merits, Hubbell haa
turned over the sheriff's ortlce and all
Its property to Armljo. He has purged
himself of contempt of court for which
lu' was sent to the county Jail a week
ago last Friday by Judge Ira A. Ab
bott. lie was released from Jo.il yes
terdiy afternoon at 5:45 o'clock on
Judge Abli-olt's order, after his attor
neys had agreed to turn over to Ar
mijo all property of the sheriff's offlre,
not already in the bauds of that offi
cial. Judge Abbott's order of release was
in no way connected with the writ of
prohibition Issued against him Inst
week by Judge K. A. Majin, and seek
ing to prohibit l lie former from en
forcing ills order of eight days ago, by
which Hubbell was directed to turn
over the jail and sheriffs office to Ar-
mijo. The writ of prohibition' figured 5
lot at all in the formal action taken
liy his attorneys to secure Hubbell's
release from custody yesterday after
noon. Htihliell's attorneys, while hold
ing that Arniijo has taken possession
f the J. ill ami the sheriff's room by
one. consent for their client to turn
over all property pertaining to the of
fice not already held by Armljo; the i
terms constituting a complete surren
lr of th.j chains to sustain which tliryt
ill-owed the forniflr shrln to go to 3 S
lail, and to remain In durance vile for
i week pending the attempt for, and
failure of the proeeedlllfj for habeas
corpus. ;
The full text of Judge Abbott's order
of release follows:
Judge Ahhoit's Order of Helease. "
In re Thomas S. Hubbell.
The court having caused Thomas S.
Hubbell to be brought before It, W. 11.
"hilders and A. H. McMillen. attnr
aeys for sai. I Hubbell, being present,
md it appearing to the court that Per
fecto Armljo lias taken forcible pos
session of the jail, prisoner and room i
"copied as a sheriff's office In the
ounty court house, ami the sahl T. S.
'iubbell under duress ami protesting
:liat the court has no Jurisdiction to
make said order, delivers the property
pertaining to said office of sheriff now
remaining under his control, to said
Perfecto Arniijo, nnd further protest
ing that such action shall In no way
iffect his rights or change his status ("'
in any other proceedings now pending
n any of the courts or hereafter to be '
commenced.
It Is therefore ordered by the court
that said Tomas S, Hubbell tie, and he
hereby Is discharged from custody;
md so far an it Is within the power of
he court so to order, that this pro
ceding . shall In no way affect his
i-lghts or ehauge his status in any pro
jecting now pending In any court or
to be hereafter begun relative 4o said
lflhe.
October 7th, 1905.
The order of the court, by which the
oriner sheriff censed to .be the star
prisoner In the county Jail, followed an
hour's hearing In chambers after the
ml of -the usual working Oav, when
W. 1!. Chllder and A. H. McMillen.
ippearlng for Hubbell, consented to
airreiuler the sheriff' office pending
ihe trial of the case upon Its merits.
The effect Is to place Armljo In full
ontrol of the office, until. that time,
leither of the claimants surrendering
my of their rights for any pending or
future proceeding.
It was about half-past five when
Deputy Sheriff Fred Heyn was called
n and dispatched to the county Jail
ifler the prisoner. His appearance In
hainbers was followed almost Imme-
.mu í,, ... tin- ir-"niir (i (or iur' .
which was nyide a matter of record 4
hoi tly before six o'clock. The for- j
ntr sheriff returned at once to his
lome und fireside, from which he has
ai ii separated for eight days. Later
ii the evening his familiar face was
ecu In the vicinity of Railroad avenue
nd Second f'treet, where he accepted
he congratulation of his friends upon
lis return to the open ir.
Writ of I'rolilhilion Appear".
In view of Hubbell's surrender of
the hrlffs office to Armljo. specu
lation arise as to Just what Is to he-
ome of Judge Mann's writ of prohihl
' Ion forbidding Judge Abbott lo en
'nrre the order for the surrender of
the Jail and records. It seem. In the
ipliiion of most of tha attorney who
have followed the case, to be a writ
without a mission, and.lt Is likely to
ecoine merely an incident In a some
what exdilng proceeding.
The writ wn presented to Judge
AblMitt yesterday at the noon hour,
iust after he had adjourned Ihe court
lor the noon recess. The writ was
landed to Judge Abbott by (leorge A.
'('uwiiiaii, chief deputy in the I'nlted
tatps marshal's office. Mr. Kasemaii
lid not act In his official capacity, but
HA disinterested party.
The court placed the writ carefully
n his pocket and went down stairs.
He showed no disposition to allow It to
disturb Ihe orderly progress of the
'mslnes of the court and the writ did
tot appear again in the records of the
lay's proceeding except In the form
if the following motion which whs (li
ed early In the afternoon by counsel
'or Hubbell:
''In the matter of Thomas S, Hub-