Newspaper Page Text
VOL. XXXIV. NO. 82. PRICE: ISWMfff^l 65 CENTS
VATICAN MAKES APPEAL Issues Note to Papal Representatives Abroad States .Reasons for Resis tance to the Krencii Government Circular Asserts That Rights of Re ligion Have Been Outraged by Pre vention of Papal Communica tion with French Churc'i 15y Associated Press. TOURS. France, Dec. 21. — The archbishop of Tours today publicly excommunicated a com missary of police for ordering the doors of the seminary here to be broken into. By Associated Press. ROME, n«'. 21.— imlr xluiii-cl by lh<- Merry Oel Vnl. iiniii-Hilns wcnlnnt Ihr ■rarrh of <h<- papal uunclature nt Pnrlti, •he expulsion «.r Monafgrnoi 1 >i<»ntnKnini nd Ilie SetßtlM of Hie necret cipher en- Rhllne the French KoviTument to tnke roKiilxnncc of (lie pnpnl correKpondence 11111 11111 the alleged vloliitlonn of the right of the pope to corrrnpond with L'ntho loh nil over Ihe world, vt-nn prenentcd l o Ilie diplomatic reprenentntlven nc l'rcdltedI I'rcdlted to Hie vntlcnn todiiy tojeether «lth n elrculnr ncttlnn forth the motive* of the holy nee lv the nctlon It linn inUeii reßHrdlnß the npplleatloii oC the InW of 1808, providing; for the Meimru lion of Hiureh nnd iitnte. ROME Dec, 21.— The note sent by the Vatican to all the papal representa tives abroad protesting against the course of the French government, after asserting that the rights of religion have been outraged by the French gov ernment's action in preventing the head of the church from communicat ing with the French hierarchy and by the expulsion of Monsignor Montag ninl. •secretary of the papal nunciature of Tails, says: "The- representatives of the holy see abroad have also received a circular in which are set forth the motives for the action of the Vatican regarding tho application of the state «nd church separation law of 1905. These? motives ar.. so grave that it is evidently im possible to accuse the holy pee of in translegence or of unjust hostility to the French government In condemning the cultural associations, which disre garded the essential rights which the church derived from her constitution, such as maintaining an ecclesiastical heirarchy and board by her divine founder as the basis of the organiza tion of the church. "In fact the law conferred on the cul tural associations rights which not only belong exclusively to the eceesiastlcal authorities in the place of worship and In possessing and administering eccles iastical property, but the same associa tions were rendered Independent of the heirarchy and instead were placed under the jurisdiction of the lay authorities. •The pontiff could not approve of such associations without being lax in his duty as the head of the church and without trampling upon freedom of do mestic principles of the church. "The same can be said of M. Bry and's circular. The holy see could not admit, the unjust and Intolerable con ditions which the circular imposed up on the clergy in the exercise of their duties. "All this evidently shows that the holy see merely did its duty strictly in giving instructions on the subject to the French clergy. "If the French government was ani mated by calmer sentiments, it could create for the church in France a situa tion which at least would not injure the essential rights of the holy see, which might even without admitting the principle of separation of church and state, tolerate such a situation in order to avoid worse evils, as it did in the case of other countries." GOVERNMENT MEASURES PASSED Chamber of Deputies Receive Bills with Enthusiasm By Associated press. Paris, Dec. 21.— The government's new religious measures were received with enthusiasm in tho chamber of deputies tonight and the bill was rap idly voted with the overwhelming ma jority of 431 against 66. Supporters of the cabinet consider that this legislation will greatly Blrengten the ministry for the continu ance of the struggle with tho Vatican. The discussion was short and con fined to Monsleure Lassies, Ralbertl. Ridbot, Plou and Parres, who repre sented varioue political groups. Pre mier Clemenceau did not participate. The attitude taken by Minister oi Education Brland made v great Impres sion, especially his statement that tin government never Intended to close tho church or Interfere with the individual conscience, as this would permit the clergy to assume the attitude of being persecuted. The cabinet, th« minister explained, bad derided to retain the formality of nmklng a declaration to hold meetings, because it was resolved not to capitu late to ti"' Vatican, whlob was acting contrary to French laws. WOULD PROTECT SMALL FISH AGAINST SEINING BAN DIBOO, Deo. 21.— Ban Diego c ltizeiiß huve organised to see if legls letive action cannot be scoured to pro tect the small fish of the bay from seining and a committee has been. u]i pointed to prepare a bill and see that It i« presented and supported at Sacra mento. Los Angeles Herald. GIRL MASQUERADES AS BOY TO DO SHOPPING Hy Aisorlated Pr«s» CHICAOO, Dpc 21.— Dorothy BMt* man, 13 years old, daughter of Mr. nnd Mrs. Charles A. Cast man of Wood lawn, who disappeared from her home on Werlnesday, was caught In a State street restaurant yesterday after mns querading for thirty hours M 9 a boy. the was restored to her parents, but gave no explanation ns to where she had been th" night before, or the mo tive v.-hleh led her to leave school with her ChrllltniU money and mysteriously i tlgßppear. Ilor eripture was the result of her fiiiici visit to the enfe, Bhe was there for dinner Wednesday, made up U a boy. Bhe wan there for luncheon ngnln yesterday and when she called for the third time for dinner detective! were In waiting. Her father was notified and took her home. Mr. Eastman and his wife believe that It fH ■ childish whim to finish up her Christmas shopping In a hurry thut led to the nniH.|iieradlrig. They BISO believe. thHt Dorothy spent Wednesday night with some, ehIM who lives In the vicinity of her own home. When she disappeared she Is sup posed to have hud about $12 given her for Christmas purchases. HANG BOY TWICE BEFORE HE DIES Rope Parts at First Drop and Youth Writhes on the Ground In Agony While the Break Is Repaired By Associated Press. HOUSTON, Mo., Dec. 21.— The ex ecution here today of Joda Hamilton, the 20-year-old farmer boy, for the murder of five members of thn family of Barney Parsons, a farmer, was a horrible affair. Two attempts were necessary before the hanging proved successful. The drst rope broke. At the first attempt Hamilton shot thorugh the trap with a jerk mid the spectators were horrified to see the rope part. Hamilton dropped to the ground and lay there writhing in pain. Partially conscious he was picked up quickly and carried a second time to the scnffold. The rope wns hurriedly placed about the boy's neck and the trap again sprung. This time it was successful. The trap was sprung at 11:05. It required some time to repair the rope and it was 11:10 before the trap was sprung the second time. The attending physician expressed the belief that Hamilton was fatally Injured by the first fall and died be fore he dropped the second time. The body wns turned over to Ham ilton's father. WAS REPUDIATED BY SLAIN SENATOR Arthur Brown, In Will, Says He Never Married, or Intended to Marry, Mrs. Bradley, Who Shot Him By Associated Press. SALT LAKE. Dec. 21.— Had the late ex-Senator Arthur Brown foreseen his death at the hands of Mrs. Bradley he could have devised no more ingenious retaliation than tho post-mortem re venge contained in his will. The document, which was written Au gust 26, 1906, four months before Mr. Brown was shot down at the Raleigh in Washington, was filed today for pro bate. "I do not devise, or give or bequeath anything to any of the children of Mrs. Anna M. Bradley," is tho instruction of the will. "I do not think cither of any children born to Mrs. Anna M. Bradley is or are mine, but whether such child or chil dren is, or is not, 1 expressly provide that neither or any of them shall re ceive anything of my estate. "1 have never married Anna M. Brad ley and never intend to. If she should pretend that any such relation ever ex isted between us to justify such Infer ence I direct my executor to contest any claims of any kind she may pre sent, and I direct that she receive nothing from my estate." The testator bequeaths all his prop erty, valued at about $75,000, to his two children by his first and second wife, Alice Brown and Max Brown. The children ho specifically disin herited are Arthur, aged 7, and Mark, aged 3 years. The attorneys engaged by Mrs. Bradley's relatives in Salt Lake decline to discuss the will at this time, but there Is scarcely a question that a contest will be Instituted, as much for the purpose of establishing their paternity as to secure a monetary consideration. This is the more likely as Mrs. Brad ley is. or was a tew months ago, In possession of letters signed with Brown's name, in which the relation ship with one or both of the children is acknowledged. In one of the letters, written after the birth of the first child, occurs the quotation: ■Your blood with mine commingled yet shall mount the throne of kings." The content! of the will have caused g sensation In wait Lake and given rise to severe criticism of the dead lawyer, The document was tiled by jiu BrOWHi Who is named as execu tor. PERKINS APPEARS BEFORE GRAND JURY Hy Associated J'vetm. NKW YORK, Dee. 21.— George W. Perkins, a member of the linn o( J. P . Morgan & Co. and formerly vice president of the New York Life lußUl- a nce company, was before the grand Jury today again in connection with the Investigation being made by that body Into the affairs ot the New York Life. Mr. l'erkins was before the Jury yes terday for two and a half houra. SATURDAY MORNING, DECEMBER 22, 1906. GIANTESS DIVORCED Says Husband Was Cruel Wrested Eevolver from Riinch Hand Although Six Feet Tall and Vary Powerful, Bhe Was Unable to Cope with Fire. arms Three revolvers of heavy caliber were on exhibition yooterday •" de partment seven of tho superior court when, before Judge James, Mrs. Ida B. WUcott of Indiana avenue asked for a divorce from William Oorwln WUcott, cruelty and Intemperance be ing the grounds upon which the peti tion was based. Mrs. WUcott Is six teet tall and when she told stories of having taken the revolvers away from hlrfid men on the ranch, after her husband had threatened her with them, the court readily believed her. "We were married In South Dakota, on December 3, 1890," testified the wo man. "Ten years ago we moved to Cali fornia and since that time we have been having trouble. We have five children and before them my husband has continually abused me and called me hard names. "For the last three years he has not drawn n sober breath nnd has made life miserable for all of us. "Last summer we were putting about nine hundred acres of the La guna ranch under cultivation when our chief trouble began. One evening my husband came home from another ranch and was very cross and Intoxi cated. He demanded fried eggs after I had sot out his supper and I told him that he ought to be satisfied with what he had since I and the children and the seven ranch hands had not had half as good. Draws Revolver "With that he began to call mo all the bad names he could think of and then he drew a revolver and said he was going to fix me. I grabbed up the baby and fled from the house and the children ran after me. A few min utes later the ranch hands went to the house to take the gun away from my husband, but he had thrown It under the dairy house and one of the men went and got it and tried to unload It. I told him to give me the gun, but when ho found ho could not unload it he wnnted to hand It back to my hus band. 1 decided that he would kill mo If he got the gun, so I jumped at the ranch hand and took the gun away from him after we had had a squabble. "Another time when my husband nearly stopped on the baby and T re monstrated with him, he drew another revolver and when I went for hplp he gave it to my son and I later got It. "After that he bought another re volver and one night he accused me Of being untrue, and ho said he was going to kill me. He went out and stood outside the door and fired the revolver, shooting at the trees. I es caped while the men took the weapon from him. Then T took the three re volvers and the children and left him and I won't go back to live with him." One of the ranch hands took tho wit ness stand and testified that the hus band had a great reputation as a "fire eater," and that he was always boast ing about theree men whom he said he had killed. The ranch hand gave rvi denco that in his opinion he hnd never seen WUcott when he was sober, and the decree was granted the woman. MAKES ATTEMPT ON LIFE OF JUDGE Jurist Has Narrow Escape from Death at the Hands of Supposed Maniac — Grapples with Assailant By Associated Press. Chicago, Dec. 21.— A desperate effort ivas made to assassinate Judge Charlea S. Cutting of the probnte court by Frunk H. Ellerbrock of this city. The would-be aiS&llln is believed to l» insane. Judge Cutting; escaped Injury by a huirsbreadth and overpowered his assailant after a tlorce tight. As the Judge entered the Criminal Courts buildings on his way to hl.s chambers, Ellerbrock, who was stand ing In the hallway, stepped forward and when but two feet distant drew a revolver and fired at the judge. Judge Cutting turned and struck his apsailunt a heavy blow In the face, almost knocking him down. Before Ellerbrock could recover Judge Cutting grabbed him by the throat and threw him backwards over a Bteam radiator, where he held him. Two deputy sheriffs hastened to the aMHlHtance of the Judge and wrested the revolver from Ellerbrock'a hand. Ellerbrock has been luborlng under the hallucination that the probate court deprived him of ills rights to ■ ■hare in the estate of his deceased sis ter. He had' repeutedly appealed to Judge Cutting to re-open the OUe, Judge Cutting declined in absence of proof that the -estate had been Im properly closed. The police believe Kllerbrook is in- Mllf. The grand Jury promptly returned an Indictment charging Ellerbrock - with assault with a deadly weapon und at tinij.t to kill. STRIKERS TIE UP MANY TELEPHONES IN CHICAGO Rv An'ortntcd Press. C HICAOO, Dec. 21.— Telephone serv ice In the downtown district was serl ously crippled yesterday owing to the lßht between the Chicago Teiepnun« company anj Its striking electrical workers. The lniiHt serious trouble occurre'l when the company sent non-union etec tilciciiH to thy New York Life Insur n ' building. Union men met the non-Unlon repair men at the door and Induced them not to put In order 41.) icli [.hones In the building, every one of which hntl been put out of per the firs nf Tuesday night. Nearly all of these telephones are ■till out of order. \' Uttle or no woili wns done by the fcpalr enwt, When these men wearing stars upon thPld breasts as special policemen en deavored to do the work of repair men they were met with threats of vio lence. At Marshall Field's new addition these men were not permitted to 4o the electrical work on the telephone wires because of the threats of other members of other building trades un ions to walk out. JURY FINDS BODY THAT OF WOMAN States There Is No Possibility of Sub. 3tltutlon or Deception— Doctor Is Coming to Los Angelas By Associated Press. PHOENIX, Ariz., Dec. 21— The cor oner's Jury In the ease of Nicolai Deroy lan today returned the following ver dict: "We, the Juty, find that the per* son residing here since the 4th of November. 1906, as a male under the name of Nicolnl Deraylan was as a matter of fnct n female and the body Inspected at the morgue here by this jury was the same person and that deHth was due to pulmonary tubercu losis." The body wns photographed and probably will be buried here, though it Is not yet definitely decided. Dr. Rowe, Deraylan's physician, leaves for Los Angeles tomorrow night to return here In a few days. He says he Is positively certain that the corps? is that of Deraylan. No substitute, he says, could have directed the buslnoss correspondence with the Russian consulate and Amer ican bureau that went through the hands of th? doctor. SOUTH DAKOTA HAS FINE RUN New Cruiser Undergoes Standardiza tion Tests, Pleasing Builders and Trial Board — Endurance Run Tomorrow By Associated Press. SANTA BARBARA, Dec. 21.— With almost Ideal conditions of wind and weather prevailing in Santa Barbara channel, the cruiser South Dakota this morning left her anchorage shortly be fore 7 o'clock and proceeded to the mile course west of the city, where the standardization trials arc held. The South Dakota has fully realized the expectalors of her builders and m.vnls officers connected with govern ment tests. The mean time of her live high speed runs over the measured mile was 22.128 knots per hour, and the highest run was at the rate of L'.'.7r>S knols. The South Dakota will not do quite as well as her sister ship, California. whose standardazltlon trials showed ; n nverage of of 122.85 revolutions, but representatives of the builders and members of the trial board are en thusiastic over the showing made by the ship, and express no doubl of her ability to go through a four-hour en durance run with engine turning at the required speed. The South Dakota will leave at 7 o'clock tomorrow morning for the en durance lests, and It Is expected thai she will come to anchor again about noon. She will run for four consecutive hours with engine turning at the rate Of 123.07 revolutions per minute, and if she can keep up this speed for the required time, the contract specifica tions will have been fulfilled, provid ing that minor tests, such as steering and anchor work, arc satisfactory to the board. "I have not been connected with many trial trips in this channel," said Lieu tenant -Commander Cool its, record er of the hoard, today, "hut from what I can learn from the old-timers, no Vessel ever made the run under more favorable conditions than the South Dakota had today." REAL DAUGHTER OF REVOLUTION DIES By Associated l 3 re*s. ni:w york. Dec, Jl.— Mrs. Rachel Brocktield Day, an actual daughter of the revolution, died In Newark yes- U rday at the age Of M. She «,r; a daughter of Captain Job Prookfleld, who served throughout the revolutionary war. Mrs. Day married Steven Day and two sons were born to them. Uoth enlisted in the civ!! war and were killed. T\HI.K OK TUMI'IJHATI HKS VS . V s' .*.. City. Mln. >I«*. <$> & I.urn AiiKflt-n ntt SI s« . SI. I-iiiil I* 1M -» .. OlMiibu 24 34 .J. & 'iiifHK'< ao aa v. .>. ..> « iu.i.niiiii Wt 30 . 1 4 > it. i...»i« aa 3« • 4 > Suokuue S4 40 ■■•■ . :. Sail Lake 34 50 1 ■£ lloaton Stt 44 4> SHoatun - " 44 <£> AUunlii 3« 44 £ 3 > New York 3H 4tt <$> . l.liilr iiiuk 40 n« ■•■ <§> Suu Ftuuclncu 44 5a <§• <§> llrairr • 4H rua <»> RESCUERS CAREFUL IN REMOVING MINER THE ORE CAR VNDER WHICH HICKS IS IMPRISONED ENGINEER HALL AT THE PHONOGRAPH, SHOWING PIPE P ATRICK SHOWS D READ OF PRISON Fears Life Sentence and Attendant Discomforts — Is Taken to the Penitentiary and Placed in a Cell By Asnoclated I'ress. OBBININQ, N. V.. Dec, 2\. Albert T. Patrick, convicted of the murder of William M, Rice, was officially noti fied today by Wan), n .lotinson of the commutation of his death sentence to Imprisonment (or life by Governor IliKKins and w\is taken from the death In use, where be lias been confined for four years and eight months, and placed in a cell in the main prison. Since Patrick lias been In the death house he has given no trouble what ever to Hi" warden or keepers. Now, however, he shows a dread of the main prison, for as B life COJIVicJ lie Will have to comply with the prison rules. During his long Incarceration In the death house he has had a large roomy cell, had had the use of all thi and papers he desired and has re ceived frequent visits from his wife. in the, main prison lie will be con fined to an occasional book from the prison library, and according to the prison rules the visits of his wife will he far i<-ss frequent than formerly, In the past Patrick hi s b*en sup plied by the. warden with choice meals, hut hereafter he will have to be satis fied with the regular prison fart. FAMINE IN CHINA IS EVEN WORSE THAN REPORTED By AKKoclsitufl Press WASHINGTON, Dec. -I. Reports having been received here from con- HUIsH HUls and other officials thut the con dltlon of the famine sufferers In Chine Is worse than al Srei supposed the matter.^ at the Inslaiu-e oi American National Ued Cross, was brought to the attention of the cabinet today. It Is probable that an appeal will be Issued for supplies and steps taken to assign one or more army transports to the work of transporting them. In order to send a government vessel It will be necessary, however, to secure the consent of grees and to this end Secretary Taft will 'consult with members of the military Luumiittues of the bOUM and acnaU. r PRICE: SINGLE COPY 5 CENTS TACOMA WORRIED BY FUEL FAMINE Eastern Washington Cities Will Secure Relief at an Early Date — Rail way Officials Exon. crated By Associated Vrcss. TACOMA, Wash., Dec. 21,— Taeoma people are not suffering from the I of fuel, although the scarcity of coat and wood is causing considerable in convenience—wai the substance <>f staieinents made by local coal dealers to members of tho stale Investigating committee at its session today, and the Tm oma Eastern railway and the T.i i oiili Railway and Power company promised to co-operate with retail fuel dealers in rushing to the city several thousand i orde of wood, This afternoon Chairman FalrchiM arranged 'for the relief of cities in Eastern Washington which have be-^n suffering because of th*; fuel famine by securing the promise of the Oregon Ftullwaj & Navigation company to cur ulub all available coal cars to the Northern Pacific, to be used in rushlnu coal from British Columbia to non t'ompetltive points on the Oregon Rall way iV- Navigation railroad which have been suffering acutely because of Hie lark Oi IH. I. Chairman Falrchild, at the close of today's seasions, completely exoner ated the nfH. ials of the operating d^ l.aitineni of the Northern Pacific rail wray from ohrages that have been maile Ugatnsl them, and adds: "But the executive department of the railroad lias sadly neglected its duty In not keeping pace, with tin. growth oi the country." FIND UNIDENTIFIED MAN DEAD ON CITY STREET ly Associated I'ress. OAKLAND, Dec. 21.— An Ullideni man, who was found dead on Webster ■t reel Laal night with a bullet hole In his breast, has not yet been Identlfled. A revolver was picked up neurby. The police think that murder may have been, committed and are making a thorough investigation. Th man was well dressed an 4 was about &> years old. AMHEK CAVE-IN FEARED Hicks Views His Sepulcher With Candle Engineers' Calculations Shown to Be En tirely Correct Miner Will Probably Be Carried Out Today, Little the Worse for His Incarceration for Weeks Special to The Herald. BAKERSKIKI.n, Dec. 21 An Mated In ycNterday'N Herald the entonthed miner Hlclcn ivhh reuched by bin coni rnde* before rinyligxhf thin tnorntnit. The reNciierH linnded to him solid food und ii liiinln of miter nnd convened freely with him. Hut Inter It nm found neoe»»ary to poHtpone ill* ni-liml removal because of unexpected olmtnclea which, tiiilrxn Judi ciously iiiininKi'il. iniK'lu endanger the life of Hick* nnd the lives of hla res- BAKERSFIELD, Dec. 21.— The re lief party which has been plugging into the heart of the mountain for near ly two weeks is at last at the end of its vigil. So many false reports have come out and so many sincerely prompted have been nullified by the unlooked feir ob stacles the credulous public is talking of promised rescue not lightly, but them seems little doubt that the last span Is nciu being crossed. The drift is sinking beside Hicks and the rails are being cut preparatory to dragging him out In the morning. Although the statement that "Hlcfti will bo rescued tomorrow" has become. commonplace, it is nevertheless apt. The work brought to view ;. groat number of crevices which lead direct ly to the side of Hicks between the wheels of the ore car. Not only Is conversation possible through these cracks, but it was found that small articles could be lowered by means of a string through the hole to the captive miner. A lighted candle was dropped to Hlckl and he was by reflection from its glare able to survey the scenes of his earthy enclosure. He reported that the sudden intro duction of light did not at all injure his eyes and that indeed he would be willing to sacrifice one just to get sight of the precious raya of the day. The crevices discover the fact that the company's engineers have been absolutely correct in their calcula tions. The candle was dropped on a. string eighteen iiichos long and struck plumb at the side of the ore car, proving exactly where Engineer Hall and hl.s assistants planned to arrive. THE DAY'S NEWS FORECAST For Southern California: Cloudy Saturday; light northwest wind. Maximum temperature in Los An. geles yesterday, 84 degrees; mini. mum, 56 degrees. I —Vatican1 — Vatican makes appeal. 2 — No citizenship for Porto Ricans. 3 — "Buy, buy, buy" Is people's chorus. — Asks pastors to score council. — Desire to Join the greater city. 6 — Editorial. — City news. B—Sports.8 — Sports. Southern California news. 10— Markets. 1 — Classified advertisements. — Railroad news. LOCAL Municipal league asks mlnlßtet.- i<> da nounce ordinance Increasing number of ■aloona Board of public works orders that First street be paved. Milton K. Young says vote at Soldiers* Home 1h Illegal. .. ■ Woman is dragged several bloi by street car. rlollda.)r lollda.) crowds break all • previous rec ordi, Wilmington anxious to get Into greater Log Angeles ..and wagon. E ABTERN Negro I) nched by mob of students at Annapolii Md. l.awyei Patrick dreads state prison. Congress will not grant citizenship to i orto Ricans this season. FOREIGN Vatican is«m-s note to papal represent!! tivee abroad COABT Ruefs attempt to delay trial are over- ■ i ul.'d bj Kastern W.c .IdliKton fuol , famine will San Francisco school board stands by LeKingwvll'si stutement.' . , ' Miner lltcks will probably be taken out today. Rescuers are delayed.