Newspaper Page Text
THE WHITEWASHING OF WEBB The School Board Boss Is Acquitted by Pour of His Colleagues ARGUMENT OF THE ATTORNEYS SUMMARILY SUPPRESSED DESPITE THE URGENT PROTESTS OF MESSRS. DAVIS, CONREY AND BRALY Dr. E. N. Mathis' Backbone Gives Way and Ha Is Once More Immeshed by Webb—The Crowd Hisses at the Extraordinary Pro ceedings—Gibbon's Righteous Indignation. The "solid six," or its remains, lack ing only Adams, has triumphed in the school board investigation. The Webb trial has been eoucluded and In-' stead oC a vindication at the hands of the members of the board, the charges against him were whitewashed at last night's session, and the boss of the "solid six" is himself again. By a vote of four to three, the charges were dismissed before any of the attorneys had made their argu ment and before there had been the slightest opportunity to sum up the evi dence. That such a result was obtained after nearly three months' investigation, in which there was abundant evidence to Justify the board in taking prompt action, will be but one source of surprise. Another almost equally great will be found in the fact that Dr. Elbert N. Mathis, who represents the Sixth ward In the board, the same Dr. Mathis, who as president of the board allowed Webb and his push to do about as they pleased; the same Dr. Mathis, who as presiding officer, showed such a pltable lack of stamina as to make him at times an object of un kind criticism by those who witnessed his weakness; that same Dr. Mathis, who wants to be coroner of Los An geles county, and complained because the Webb forces had deserted him, sup plied the means by which the coat of whitewash was applied. This unexpected conclusion of the case came just as the attorneys for the peo ple were about to begin their argument. The program for argument had been ar ranged. Judge Cheney was to have opened for the people and Attorney Oliver was to follow for Webb. Mr. Meserve was to speak next, and Hon. T. H. Ciibobn was to close for the prose cution. Out of the vast volume of the evidence which hus been adduced be fore the board it was Impossible for any one except a trained attorney to bring out those facts which had been sworn to which tended to show whether Walter L. Webb was guilty or not. The board would not have any such pre sentation of the evidence they had heard, or at least the remnant of the "solid six" would not, and they so de cided by a strict "push" vote, and by a vote of four to three the charges against Webb were dismissed. This was not ac complished without the urgent protests of those members who have consistently stood up for honesty In the board. The matter had been "fixed" and there was no break in the ranks of the "push" ele ment. Anticipating some excellent speeches quite a large crowd assembled to hear the Webb case argued. This was the first meeting that had been held by the board for investigation purposes for nearly three weeks and the close was expected to be much more Interesting than many of the previous tedious ses sions had been. All members were pres ent except Mr. Kubuch, the recently elected member from the Seventh ward. It had been understood that if either side desired It might introduce other evidence before the argument. At the opening of the session a transcript of the evidence of Adams before the supe rior court was produced by the defense and after some parleying as to whether all of it should be read. Attorney Oliver read a portion of It which appeared to be favorably to Webb. At one point he made an uncalled-for allusion to Mr. Gibbon, which the latter instantly re sented. It was at the point where Ad ams said that he had been "persuaded first by one organization and then by another." "I do not suppose that refers to my friend, Mr. Gibbon," remarked the attorney. Mr.Gibbon at ofice tok excep tion to this and demanded to know why such an allusion was meant unless Mr. Oliver did suppose that Adams had re ferred to him. President Davis at once called down Mr. Oliver and demanded that he proceed with his reading with out such remarks. The portion of the evidence read has already been re ported. At the conclusion of the read ing President Davis asked whether the prosecution was ready to proceed with the argument. Judge Cheney was ready, but no opportunity was given him to speak. POOR'S SURPRISE Director Poor arose and said: "Since our last meeting two or three ' weeks ago I doubt not all of the mem bers of the board have been carefully Considering this case and that each of us has made up his mind as to how he will vote. From conversations which I have had with other members, I believe the most of them are as ready to vote now as they would be after the argu ment. The board has already been to great expense and there is no necessity of making it any greater. It will be only a waste of time and money, and I for one am In favor of dismissing this case. I therefore offer the following resolution and move its adoption ■-++ + i . . .'. . ♦ Whereas There Is no evidence + ♦ against the accused, Walter L X t 3l!? b, *?!J b ° th of the charges X ♦ against him, other than the unsup- I ♦ ported and uncorroborated testlmo- X ♦ nyofC.H. Axtell and J.P.Adams- I + and 1 > Whereas, Both of these witnesses + -f have time and again confessed to X ♦ the commission of perjury in this X ♦ examination and before the grand X ♦ jury of the county and before the X -f superior court of this county: and X + Whereas, Neither of said men aro X -f worthy of belief and their testlmo- X ♦ Ny Is absolutely without weight- X ■f therefore, bo if X ♦ Resolved, That all proceedings I ♦ against Mr. Webb be and they are X •f hereby dismissed as not having been X ■4> in any way sustained. X Director Bartlett, of piano deal fame, jumped up as if he had studied his part in the deal and asked whether the reso lution was to be considered as a motion. He was informed that it was before the board. "Then," 'said he, "I take great pleasure in seconding it." GIBBON PROTESTS Mr. Gibbon was recognized, and said that such a proceeding as was contem plated in the resolution was somewhat novel. "We are before this board to present this case In the manner by which we think the members can get the best understanding of it. The inter ested parties, whoever they may be, may not desire such a presentation. A mo tion to non-suit such a case is surpris ing. I want to say with reference to what Mr. Poor has said about the ex pense that so far as the argument for the prosecution is concerned, it will be made without the slightest expense to the board. In voting for or against this DR. E. N. MATHIS resolution the members of this board are putting themselves on record. There has been a very considerable amount of testimony pointing to the guilt of the de fendant, and I desire to challenge the statement made In the resolution to the contrary. We came here ready to as sist in presenting the case as it is, to sift the evidence, classify it and arrange It in proper form. It Is such assistance as no court would disdain to accept. It is a matter with the obard, and if the board desires to take such action it is, of course, at liberty to do so." Director Conrey opposed the resolu tion. "The suggestion was made to me today that some such action be taken." said he, "but I was unable to agree to such a course then, and I am unable to do so now. This is too serious a mat ter to be disposed of in this manner without argument. Since this investi- A. G. BARTLETT gation has been in progress it has been the rule of the board that each side was to be given an opportunity to present its case In Its own way. The argument is certainly a part of the presentation of the case, and I am in favor of having the case closed properly." M'INERNY'S AMENDMENT Director Mclnerny took the floor to still further extend the scope of the whitewashing game. To that end he offered an amendment that the resolu tion include all charges pending before the board. He said he referred to the charges against Mr. Braly. Mr. Braly would not be a party to the scheme, and he immediately declared that If there were any charges against him he did not desire that they be dis posed of in that manner. "There are really no charges against me before the board," said he. "There is a resolu tion which may be said to contain what is Intended to be a charge. If there is anything to be charged against me I want an investigation, and will not con sent to any such disposal of the matter. In regard to Mr. Poor's resolution, I think It is unfair to both sides. The at torneys here have prepared with great care what they are to say with reference to the evidence. The summing up of that evidence is necessary, and I for one desire to hear it. There has been such a mass of evidence presented that it is difficult to remember it all." The Mclnerny amendment failed of a second and was withdrawn after Presi dent Davis had stated that he did not consider it proper at that time. UNAVAILING OBJECTIONS President Davis took up the Poor reso lution, and, in opposition to its passage, LOS ANGELES HERALD s THURSDAY MORNING, JANUARY 27, JB9B said: "The testimony in this ease has extended over two months, and it is Impossible for any of us to remember all that has been sworn to here. Most of us have not read It, and, even if we had, there would be points which would es cape attention. It is the duty and the purpose of the attorneys to propcrtly present these points. It will be remem bered that many things which at the time did not seem to have much bearing on the case were brought out. The at torneys propose to put those matters where they belong and to show the bearing such matters have upon the case. It will not be fair to either side If argument is not permitted, and I can not vote for the resolution." When Poor first read his resolution he had Included only one of the two charges against Webb, and after reading it he had changed it so as to include both the charges. Mr. Gibbon, after Presi dent Davis' speech, arose and stated that he would like to ask Mr. Poor a question. "When you presented your resolution, Mr. Poor," he asked, "did not the attorneys for Webb suggest that you change It so as to include all the charges against him?" Poor admitted that the attorneys had made such a suggestion, and Attorney Meserve said: "Yes, we did. What of it? What has that to do with the matter?" "Oh, nothing," replied Mr. Gibbon. "I think the public will understand the matter." This or something else aroused Poor to speak in support of his resolution. "We have had this matter dinged into us and donged at us until we are tired of it. I, for one, do not believe that any logical arrangement of the facts will change a single vote. I don't believe Messrs. Davis, Conrey or Braly would be changed one bit by the argument of either Mr. Oliver or Mr. Meserve. On the other hand, I do not believe any of the other members of the board would be changed in the least by what Judge Cheney or Mr. Gibbon might say. The attorneys would simply talk and the talk might not be the most pleasant and I believe the resolution a good one." Mr. Gibbon assured Mr. Poor that the attorneys for both sides might be de pended upon to keep well within the bounds of propriety in their argument. He said he knew the attorneys on the other side would agree with him when he said that there would be nothing in the manner of the argument which would be at all objectionable. Attor neys in the heat of examination might be prompted to make sharp statements at times, but that was really because they were in earnest. Continuing, he said: "Much depends upon this investi gation. The people expect much, and they have a right to. There was an election for school bonds in this city, and it is a fact that cannot be disputed that the defeat of those bonds at the polls was nothing more or less than a vote of lack of confidnce in this board by the people of this city." This was too much for Webb. He in terrupted Mr. Gibbon with a point of order, in which he contended that it was not right for attorneys to make such speeches while there was a motion be fore the board, and especially when there was nothing whatever in any of the evidence which pointed to his guilt. He objected to Mr. Gibbon's addressing the board, but his objections amounted to nothing, for before the point of order was decided, Mr. Gibbon concluded by saying: "It was a vote of wantl of con fidence, and it showed that the people of this city were not satisfied with the manner in which the affairs of the school department were being conducted, nor with some of the men who were con ducting them. I say to you, as mem bers of the board of education, that in spite of the fact that better school facil ities are needed, and that the people know they are needed, not one cent will the people of this city vote to you while you are in office if you take the action contemplated in that resolution. The schools need improvement, but with Buch an ending of this case the people will have no faith in the board, and it may be that many a poor child will live to curse you for having abridged Its school privileges to the extent of the year that you will remain in office. If this board takes this action, the people will look upon it as a case of whitewash ing the charges, and not as a vindication or an acquittal." Director Mclnerny objected to the ! TO WHITEWASH WEBB X For— Against— JL X w. r. POOR, C. C. DAVIS, JL .<£, A. G. BARTLETT, N. P. CONREY, JL Jb E. N. MATHIS, J. H. BRALY. JL Jj J. C. McINERNY. sVisVi'isV # «j» e s ej J , ##4 i # > classification of the members suggested by Mr. Poor when he divided the board correctly Into a ring and anti-ring ele ment. "I want only to do my duty," said he, "I object to being lined up In the manner that Mr. Poor has suggest ed. If I vote for this resolution I vote as a member of the board and not as a member of a faction in It." MATHIS' APOLOGY The vote was then taken, the roll be ing called. Poor of course voted aye, Conrey voted no, Bartlett Bald "aye" loud enough to be heard to the street. President Davis voted no and Braly voted with him. The vote was three to two against the resolution when the name of Dr. Mathis was called. He arose and said: "I want to explain my vote. In vot ing on this matter all feeling should be eliminated. There should be no malice. Every man should vote as he thinks best. A jury in the superior court has passed upon these charges and acquitted the accused. I shall vote aye." The hold which the Webb element has on the doctor had done its work and the weak member had gone over to his old place as a member of the "solid six," or the remnant of it. Mclnerny voted aye and when Webb's name was called he did not vote, thereby occasioning another surprise. It was not necessary, for the vote stood four to three in favor of the resolution. There was a moment's silence and then Presi dent Davis said: "The resolution is adopted." Webb was free to resume his old place and old tactics in the board. THE CROWD HISSES Hardly had the announcement been made than the crowd began to hiss. In vain did President Davis sound the gavel, and the hissing continued until Attorney Meserve aros.e and said in a tone which showed some temper that no gentleman would be guilty of such con duct. Dr. Mathis then took occasion to ex plain his absence from the meeting of the board the night before. He said he had returned last night from San Fran cisco. (Webb was also in that city, having gone there on tho same train with the doctor, but the latter did not say so.) He declared that he had been met by a messenger who summoned him into the country and that he did not know there was to be a meeting of the board. The board then adjourned and the Webb trial was a thing of the past. AN UNREHEARSED EFFECT There was a little incident as the mem bers were leaving the room which was not on the program. As soon as Dr. Mathis got clear of the crowd he ap proached Mr. Gibbon and in his familiar way extended his hand. The hand was ignored. WALTER L. WEBB "I will not shake hands with you, Dr. Mathis," said Mr. Gibbon. "Why?" asked the doctor in a sur prised tone. "Because I think you have done some thing of which after a time you will be ashamed. You have instead of assist ing in a complete investigation done all that you could tonight to defeat the purpose of the investigation. You have taken a course that I do not believe even your friends will approve." That ended it, and the room was quickly cleared. For half an hour the crowd lingered at the door. Webb and Bartlett were the recipients of con gratulations from their friends, but the whole affair lacked the Joyousness which would have been displayed by that faction, had the acquittal been complete and fair, and a result of a com pleted trial. WINTER CLASS GRADUATES Brief Exercises Held at the Normal School Yesterday morning at the normal school informal commencement exer cises were held for the A seniors, who I have just graduated. It was a school [affair, and except for Bishop John P. j Newman and Mr. Pomeroy. president of the board, no visitors were present. Brief exercises were held in the as sembly room, and a handsome plaster cast of Diana with the Hind, the origi nal of which is in the Louvre, was un veiled. The cast was a gift to the school from the A and B senior classes. Mr. Berry, B senior, read a paper on the "Purposes of Hall Decoration;" Miss Ward, also a B senior, read a paper on the "Myth and Statue of Diana;" Miss Clayton read Ben Johnson's "Hymn to Diana." President Pierce made a presentation of diplomas with a short address ap propriate to the occasion. Bishop New man also addressed the students, and there were several selections of music. Of the eleven students in the gradu ating class one, Miss Emma Morgan was ill yesterday and therefore absent. The others are: Misses Florence A. White, Geneva Caldwell, Carrie Clark, Ada M. Cook, Bates, Bertha C. Stringfleld, Faith Shoup, Florence H. Fortsidvand Messrs. William Gastrich and Leslie Lynn. Section Twenty-Two WASHINGTON, Jan. 27.—Assistant Secretary Howell has received a tele gram stating that the board of general appraisers at New York today decided the cases which they have had under consideration for some time involving the construction of section 22 of the new tariff act. The hearing in effect sus tains the opinion of the attorney general In which he held that the discriminating duty of 10 per cent does not attach to goods of foreign manufacture or pro duction brought into the United States in transit through a contiguous foreign country. This decision apparently set tles the questions Involved, as the de partment will not take an appeal. No Notice Given WASHINGTON, Jan. 27 — The Korean minister has received no advices on the report from Seoul, capital of Korea, that the king has called on the United States minister for protection against possible revolution, and that Captain Wilde of the United States cruiser Boston had refused to land a naval force. In the lack of official instructions the minister has not called the subject to the atten tion of the authorities here. Peruvian Railroads LIMA, Peru (via Galveston), Jan. 27.— Vice-President G. E. Blllinghurst of Peru has arrived in Valparaiso. His visit is very significant. It is asserted in well informed circles that the disputes as to the disposition of the provinces of Tacna and Arica, now- held by Chile un- W. F. POOR der the terms of the treaty of Ancon, and other questions pending between the two governments are in a fair way to settlement. Asiatic Anarchy LONDON, Jan. 28.—The Vienna cor respondent of the Daily News says: It Is reported here that the Kurds are de vastating Armenian villages in the neighborhood of Russian villayets and that the Armenians are retaliating. The correspondent adds that there is "com plete anarchy in the Asiatic provinces of Turkey." The Kaiser's Birthday BERLIN, Jan. 27.—The celebration to day of the birthday of Emperor William was more general than usual. The pub lic and other buildings were decorated with flags, and busts of his majesTy J. C. McINERNY were everywhere displayed. In the even ing the illuminations of the city were very tine. One store showed 12,500 elec tris lights. Killed by Footpads CINCINNATI, Jan. 27.—Christian Klein, a pioneer and president of the Cincinnati Flour and Feed Milling com pany, was shot and killed by footpads who attacked him near his mill today. Mr. Klein had been wealthy, but his big mill was attached today by creditors. The Gold Reserve WASHINGTON, Jan. 27.—The gpld re serve today reached $163,670,000, the high est point in about seven years. The ac cumulation is something of a buruen, and the government is no longer encour aging its deposit. A Switchman Killed OAKLAND, Jan. 27.—George Herit age, a Southern Pacific switchman, was killed this afternoon in the West Oak land railroad yards. He was run down by a switching engine. The body was cut in two. Really a Bounty LONDON. Jan. 27.—John Morley, Liberal leader and member of parliament from Montroseburg, speaking at Sterling, Scot land, said the proposed West Indian grant was merely a "disguised bounty." A Russian Hurricane ODESSA, Jan. 27—A hurricane has wreaked Immense destruction in this dis trict. Whole villages have been devas tated and the damage to shipping is enor mous. • THE UP-TO-DATE PUGILIST'S EXCUSE Scaldy—l can't see troo it all. Iha d Ualdy at me mercy in de foyst; he will groggy in de secklnd; I had him going in the thoyd, and yet he done me. CALIFORNIA OPINION A Real Millennium We are glad to note the existence of so much cordiality and good feeling be tween Riverside and San Bernardino. The era of good feeling seems to have set in with the county division and to have grown ever since. Prior to the di vision the newspapers delighted to say mean things about their neighbors, while the people stood behind them and ap plauded. All this is changed now. and changed for the better. The prompt re sponse of the Riverside Are department to San Bernardino's call for aid at the time of the recent fire, and the royal treatment they received shows that the old animosity was only a sort of tra ditionary feud, the origin of which no body could remember.—Riverside En terprise, A Little Reckless The largest bee ranch in the world )7000 stands) is in San Diego county, and also the largest lemon grove, 1150 acres. The largest almond orchard (10,000 trees) is in Santa Barbara, which also pos sesses a grapevine with branches cover | ing one-third of an acre.—Los Angeles Herald. Well, well, now! We wonder of The Herald has never heard of Antelope Vaf ley! An almond orchard with 10,000 trees would be lost among the groves of Manzana, while orchards five times that size create no astonishment, and where, practically, one orchard contains ten times that many and is only cut In two by a country road. Come, now, be loyal to your own county.—Antelope Valley Gazette. A Weak Plea The ex-presidential plea for a com mutation of the sentence of Worden, because "it would be a deed of charity and mercy to an aged and sorrowing mother and grieving relatives," is weak, indeed. All criminals have, or have had, Imothers, whose hearts they break if those mothers be still alive, or whose memories they stain if they be dead. Grieving relatives are a common accom paniment to the hanging of murderers. But Justice should not stay her hand therefor. —Sacramento Bee. The Grand Jury System If any further evidence was necessary to prove what a worthless relic of bar barism the present grand jury system is, the Riverside grand jury in their re port just filed has voluntarily furnished it. The report is five columns long and simply reeks with personal abuse of cer tain officials who do not happen to be in the good graces of the Jury.—San Ber nardino Times-Index. Compliments for Governor Budd Governor James H. Budd has been the recipient of many flattering commenda tions for some days from the press of the state on his firm determination to not interfere in the Durrant oase. Some of the funny papers even forgot to put his name in small letters, as usual, and spoke respectfully of him.—Pomona Beacon. Shoulder to Shoulder True for you, Billy Bryan! We have the same enemy to fight in 1900 and we want to go into battle shoulder to shoul der with our old allies. Republican, Populist, Democrat—what matters it how a man is called if he goes up with us to fight the good fight for Hie liberties and prosperity of the land?—Stockton Mail. The "Call" and the Push In its various fields of "reform," reaching from Milpitas to Los Angeles, SURE TO KILL THEM First Debater—Spain has been trying for three .years to exterminate th* Cuban- the San Francisco Call had tho misfor tune in each case to array itself against the decent element by taking up the cause of the local push.—San Jose Mer cury. A Sigh From Pasadena The Fresno Republican flatters itself that, excepting Stockton, its town is the best location in the state for a jjrewery. —Pasadena Star. Saloon Question in Santa Monica As a general thing the female bar tender is not tender, but far tougher than her surroundings.—Santa Monica Outlook. Not a Dead Issue Dig down for your contribution to tho cemetery improvement fund. —Santa Monica Signal. Humanity and Religion Humanity is a varying, changeable thing, at the mercy of contradictory de sires. Great is the country, its saints are the heroes of Marathon, of Thermopy lae, of A'almy and Fleurus. Country, however, is not everything here below; one is man and Son of God before being Frenchman or German. The kingdom of God, eternal dream, which will never be torn from the heart of man, is a pro test against a too exclusive patriotism. The thought of an organization of hu manity in view of its greatest happiness and its moral amelioration is Christian and legitimate. The state knows but one thing—how to organize egotism. That is not indifferent, for egotism is the most powerful and the most assaila ble of human motives. But that is not sufficient. Governments, which have started with the belief that man is swayed only by his instincts of cupidity, are deceived. Devotion is as natural as egotism to the man of a noble race, and the organization of devotion is religion. Let no one hope, then, to get away from religion, or religious associations. Every step in the progress of modern society has made the need for them more im perious.—Ernest Kenan. A San Jose Pioneer SAN JOSE, Jan. 27—Christian Bollin ger, father of ex-Sheriff Bollinger, and a pioneer of 1852, died tonight at the santiarium from the effects of a surgical operation. He was 82 years of age, and at one time owned a large tract of land in San Mateo county, which he sold to the Spring Valley Water company. A Capital Show SACRAMENTO, Jan. 27.—The dog and poultry show promises to be well patron ized. This was the opening day of the dog show, and the attendance was good. C. D. Nairn of Ballston. Ore.. Is to judge all classes. He commenced his labors to day, and went through the mastiff .Great Dane, St. Bernard and greyhound classes. Bound for Esquimalt SAN DIEGO. Jan. 27.—The British gun boat Egeria arrived here unexpectedly this afternoon from the south, .en route from England to Esquimau, to join tho British squadron. She stopped last at Mazatlan. All on board are well. Diaz Takes a Trip CITY OF MEXICO, Jan. 27.—Presi dent Diaz and party arrived here after their three weeks' trip to the coast and Interior this afternoon over the Mexican Central, and was enthusiastically re ceived. A Child's Suicide SACRAMENTO, Jan. 27.-The 18-moni lis old daughter of W. Elmer Brown went to her uncle's house today, and found a vial of carbolic acid. The child drank the con tents and died in about twenty minutes. 5