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ALL THE NEWS VOL. XXXVI. IMJIY'I. 1 •BY (AKRIER 111 lf"l'ffVT'Q M'MBER 75. I ItlA-'IJ. PER MONTH I" KslillS lO CO-OPERATE IN HERALD'S BIG XMAS DINNER ASSOCIATED CHARITIES WILL ASSIST IN FESTIVAL THREE THOUSAND CHILDREN TO BE MADE HAPPY Demand for Dolls and Clothing Being Answered by Kind.Hearted Read. ers, but Much More Is Required LATEST CASH GIFTS D. S. hotel guests * 10.00 Palate cafe 10.00 Fred \\. Sl.iter 18-> F. <«. liuiulln 5 -U0 Edgewure reader 3.00 I'liia-ii-ltln homestead No. 1133, Amer ican Yeomen 3.00 Ilium- Telephone Co., Olive street office ♦••"•0 Columlii.l 1...i«.- »■<•<• Mewiirt I..vtle 1-00 M. <'. St., North Catullnu, Pasadena.. 1.00 Friend »* A render -"9 All-. Perry '-■"• A little girl __1_ Total for yesterday 06.10 11. S. HOTKL til ESTB I'ollouiiiK Mira» were subscribed by the lr..»ee and guests at """ '• «. hotel, Main and .Market street*, yesterday: John O. Altliou.e * 30° < iss 'illt' ••.. : 1.»<! ,1.'».-|ih ritlrh '.'. . l 0() W. i». Outlaid "° James Mclii'B f »" Al ICeehl >° i, Albert Mulder >° ,i. B. MeCiinn JJ Tom I •'ljiin '.'•' M. A. 1.01.8 ■•■ •■'• Churlca Hart ™ «,eiii«e l.liriiiil; '" lienrge A. Kee ■°" Total zl _ * »"•«» PREVIOUSLY REPORTED The Herald $3:>0.00 Jar Davidson's list on aecouni 11*5.00 A " friend •<•» I>r. .1. C. Uardner hU.oii Los Angeles Firemen 1* Belief a-.11 M.OO Sundry list I *»•»« Wayside Press *»•» I os Angeles Investment Co «.i.«v Knockers' table, Jonathan club 20.00 Herald company's employes 111.00 1.. George Thompson's list on account 1."..:.-. Schneider * lleber 15.00 Bartenders' union ••■••• lo.uu Mrs. Louise K. Kerckhoff 10.00 Men York »tot« JO-0" I, N. Van Nan 10-°* Mrs. Martin Beklns 10.00 H. Neuner Co .'.. • 10.00 Kuliert Lee chapter, Daughter! of Confederacy, Initial donation 10.00 Mrs. Cameron E. Tliom 10.00 Uiirbcru 1 union 7—5 Employers Barker Bros J.IJ I'OBtoPriee station II »'5 Itinerant friars °-3» 11. B. Woodlll • •"» Mrs. W. K. Hunt, Lincoln. 111 8.00 Name given later 5.00 Webster Davis ?•»« -Mrs. 11. W. l'runk ;•••.•,• 1"1 Mrs. Matilda Starkey, Ot. Bend, Neb. 5.011h I-atroness ?• ]™ ; < iltarniakerx' Union No. 225 5.00 Bishop * Co -}-po Mrs. J. O. Koepfll »-00 ■I. I. Savage »00 Socialist i..v in »'oo | Mm. Clara Farm's list '••'■• Frank Walker »•»• Pi-uttering union printers -•-» Mrs. H. ,1. II .?«;! .1. O. l.otspelch *■«» i:. S. Warner »••" An Klk J»° ■ Friend - •••? Subscriber :::::!;:::: ;■"" •M'a b ry 'Walker! *•• s• * •■■•..».•»•• *>"¥ Mary E. Walker, Klintstilff, Aril Friend of little ones -■» i 11. l'orter ~*u I >„, nn * Behlll, Delicatessen 8.00 I Cora Daniels, Klveralile '■■■•" Junior Sunshine club »™ Herald readers. Ocean Park *•<"> Also many smaller gifts. MISCKI.LANEOI'S Prominent linn, two pails candy. \ Kathleen Scott, 1751 Knit Thirty-ninth street, nee '-• one cake. T. I. ISulsch, 3804 South Grand avenue, "H*e»ident .V.>o East Tlilrly-flrst street, "*He's"idenl 1»»» Bstreila street, clothes. Mrs. Overgard, l«l West Forty-third place, toys mid <lo(he». C. 0. Kelser, 001 Bast First street, sub scriptions to Sunday Herald. Mrs. 11. B-, dolls. Friend, woman's waist. > Friend, to»i Kenldnn, till Sanlee street, fruit. Irene Beaton, ISIS Toneriuan street, dressed doll. . , Mrs. (iorham, i 3613 Vermont, women's wear. irlend, clothing. Friend, owned peaches. Ml.s AttOß BViinlon, HI Austin street, "faster Ralph Lucas, 633 Austin street, toft. The Associated Charities of I>os An gelos, the biK working org-anization which looks alter the temporarily dis tressed people of the Angel City, lias | O I i forces with the Los Angeles Her ald in armnglng the his Christmas dinner and entertainment. The bin society Which for years has ■insisted tiK.se who needed Immediate ',,! substantial assistance), will not only place Us records at the disposal of The Herald's committees, but will orobably make some disbursements In the celebration. Its officers regard this plan as an effective means to an end in helping lo spread human kindness, good cheer and In calling attention to the great avenues for wise giving af rordtd through the conservative bureau maintained by the Associated Chart- Augment List of Guests The Associated Charities with all its lists of dependents will Increase the original estimates of the number to be fed and M "ill pun probably above How well the city wUI lem as hosts reals willi those who read this appeal and tell others about it. With the Christmas sprit prevalent everywhere it is well to remember that the time for subscribing to The Her ald'B Cliristmas dinner and entertaln- nt fund is growing short Contracts must be made this wohß for the scores ol Items which so Into the plan of f ling and entertaining of lie, haps SOOO youngsters with robu.st appetites. Only the Best to Eat (inly the best >>r foodstuffs will lie tolerated, even if the quantities be II and of this there is no likell -h,,,,,1 it the generous public of Los Angeles will read some of the children's letters prlnl 8d from day to day. Volunteer workers have registered dally for two weeks. Many more are needed, Write what you want, to do to (Continued on Page Five) LOS ANGELES HERALD MEN WHO MAY AID IN CANAL INQUIRY m B ■ " ■■■';/;.;-. v. HEATED CRITICISMS OF CANAL PURCHASE MAY END IN INQUIRY fSpoelal to The Hernld.l WASHINGTON, D. ('., Dee. 14.—1t is declared by prominent senators and representatives today that President Roosevelt's letter concerning criticisms of tin Panama canal purchase is al ums' certain to cause an Investigation. Representative Henry T. Ralney of IllnolS has offered a. resolution In the house asking for a committee to ascer tain «h.il part Of the $40,000,1 pur chase money went, to the French com pany. William Nelson Cromwell, who Agun d prominently In iV.e transaction, verj probably will be a star witness before I the committee in case the Inquiry is undertaken. THE NEWS SUMMARY FORECAST For Los Angeles and vicinity: Cloudy,, unsettled weather, followed by clearing, cold weather; probably I frost in the morning in the orange belt; light south wind, changing to north. Maximum temperature yester. day, 60 degrees; minimum, 44 degrees. LOCAL \^ . lati i Chai «rate with others to aid movement In giving Christmas feast to children, County supervisors pass law making it • crime to sell pools cm horse races or on any- Parenta Of boys in hit-h school fraternities appeal to board of education to modify order against membership In secret orders, Restaurant Men., association liold banquet at Grand iurv vindicates olty board of educa tion of misconduct charges Mud commends Iw work in interests of schools' welfare. Eiacard Park Improvement association writes,] letter to councU which casts iu.-inuatinn ;it chief engineer Mulholland of Owens river auueduut department. Dr Lamb dislikes chasing dogs and resigns; Secretary La*son ol Humane Animal league is appointed to till vacancy. Bethlehem institute assists two educated Rushiani to secure irrfoloyment alter they had sought In vain to support themselves. clerk Klggtns of the superior court appointed to iucceed Bhenk as deputy district attorney. Counoil anxious to settle question regarding storm waters of Anoyo Bsco which flood ad jacent property. City council changes its meeting day from Mondays to Tuesdays, Wilmington youth gives Kraphle description of the kllllnK of his mother by assailant whom In shot but did not overpower. coW Amendment separating state and county taxation defeated at last election to be revised and again presented to voters. Trial of Patrick Calhoun and others involved In alleged "graft" cases in San Franclaco post poned from ■ tie week to ten days. California state board of health to equip model sanitary cur which will be taken over railway lines trie, as exhibit of possibilities in prevention of contagion unions travelers. Timber cutters working In Sierras, fifty miles from Fresno, burned to death In cabin. KASTKRN Congress has lively* session hearing presl dent's «ge and speolal reports concerning Brownsville affair: Pbraker introduces bin to reinstate discharged negro soldiers. Over 30.00H working people killed and 2,000, --000 injured during last year In United Staten, according to report of bureau of labor. Heated discussion in Washington as result 01 ,„.,. I.i, „,-.. oontroversj with Mew Ifork and i Indianapolis editors relative to Panama oanal purchase, may lead to investigation, my promlnt nl solona. Trial Of T. Jenkins Ilalns, noted nautical writer, begins In flushing, L» 1., and bik jurors an procured to try brother of Annlu' ■layer on charge of benlg accessory. Mr* Tall and noted labor leaders address national ventlon of clvio federation; Qom pers disousses trade agreement. Blghl ni^'it riders arraigned in Union city, Ti tin., on shares of having murdered man at Heelluu', United States supreme court deetdad i:. K. Harrlman need nol answer questions of Inter state commerce commission concerning his innate transactions. tlarriihun to n.ut Southern Pacific politienl machine in California, according to dispatches from New York. TORSION Castro arrives In Merlin, apparently very ill, but full of energy, and receives big welcome at depot. .. fcJ Millionaire, dying in Moscow, drawl money from bank, piles it up by bedside, sends for relatives and burns riches so heirs will es , enpe evils of wealth * TUESDAY MORNING, DECEMBER 1",, 1908. BROWNSVILLE AFFAIR TAKEN UP BY SENATE ROOSEVELT URGES LENIENCY IN SPECIAL MESSAGE FORAKER WOULD RE.ENLIST DISCHARGED SOLDIERS Negro Troopers Dishonorably Expelled May Again Enter Service —Sensa- tional Features Enliven Re ports Read to Solons [By Associated Press.] WASHINGTON, Dec. 14.—Senator Foritker today Introduced a/i amendment to the bill providing for the re-enlistment of the negro troops discharged wlthoui honor be cause of -illol;i <J participation in the affary al Brownsville, and addressed the senate committee concerning the amendment. He proposes In ltis new measure to establish •>■ tribunal consisting of re tired Wmy officers, before \»hom evi dence may be submitted as to the guilt Of defendants and before whom the de fendants themselves might appear to a nswer to cha rges. The measure is so drawn as prac tically to take out of the hands of the executive and to give to :. tribunal ap pointed by congress full authority to consider the Brownsville questions and by its findings provide for the re-en llstmenl of the discharged negroes. Would Ferret Out Facts In addressing the senate. Mr. For aker said that durllfg the summer let ters had/ been coming to him from these discharged negro soldiers declar ing thai detectives were constantly en gaglng them In conversation. The sen ator spoke of the activities of the de tectives as outlined by his conespon- dents, laying In many cases they went sci [ar aa to take up tlieir dwelling with the discharged soldiers for the purpose tiring their confidence and spying upon 1 heir movements. He approved ferreting out the facts, but declared thai there was a right way to do it. Upon tin conclusion of Mr. Foraker's remarks Mr. Culberson asked that the president's message on the Brownsville affair lie read, and Vice President Fair banks directed that that be done. All the senators present remained In their seats, and much interest was shown in the document. The President's Message The text of the president's special message is as follows: To the Senate enclose herewith a let t<-"- from the secretary of war transmitting a report of the investigation made by Her bert J. Browne, employed by the depart n.ent In wn.'nm lion with Captain W. G. Baldwin to Investigate m far as possible what happened at Brownsville on tlia 13th and 14th of August. 1906. The - report Bu& doculiifoftia- cJfl.juir* *^/i.*«i'' Information of value and some statements that are obviously worthless, but I submit i them in thalr entirety. This report enaoies us to fix with toler able deflnitenass on at least some of the 'criminals who took the lead in the murderous 1 shooting of rrivate citizens at Brownsville. It rst.ibllshes clearly the fact that the col ored eoldiurr dill the shooting; but upon this point further record was unnecessary, aa the fact that the 'colored soldiers did the shooting has already been established beyond all possibility of doubt. The investigation has not gone far enough to enable us to determine all the facts and we will proceed with it. but It has gone far enough to determine with sufficient accur acy certain farts of enough Importance to make it advisable that 1 «lace the report before you. It appears that almost all the members 01 Company B must have been actively con cerned In the shooting, either to the ex tent of being participants or to the extent of virtually encouraging those who were par ticipants. Had Knowledge of Crime As to Companies C and I>, there ran be no question that practically every man in them must have had knowledge that the shooting was done by some of tho sol diers of B troop, and possibly by one or two others In one of the other troops. This concealment was of itself a crave offense, which was greatly aggravated by their testifying before the senate commit tee that they were ignorant of what they must have "known. Nevertheless, It is to be said In partial extenuation that they were, probably cowed by threats made by the more desperate of tho men who had actually been engaged In the shooting, as to what would happen to any man who failed to protect the wrong- doors. ■ * Moreover, there are circumstances tend ing to .show that these misguided men were encouraged by outsiders to persist In their course of concealment and denial. I feel; therefore, flint the. guilt of the. men who, after the event, thus shielded tho perpetrators or the wrong by refusing to toll the truth about them, though seri ous was in part due to th« unwise and improper attitude of others, and Mial soma measure, or allowance should be made for the misconduct. • In other words, I believe we can afford to reinstate any of these men who now truthfully tell what lias happened, give all the aid they can to fix the responsibility upon those who aro really guilty, and (how that they themselves had no guilty knowl edge beforehand and were In no way Impli cated In the affair, lave bj having knowl edge of it afterwards and refusing to di vulge It. * Sufficiently Punished Under the circumstances and In view of] the length of time they have been out of i the service and their loss of the benetll that would have accrued to them by con tinuous long time service, we can afford to j treat the men who meet the requirements j given above, as having booh sufficiently pun ished by tii.i consequences they brought up on themselves when they rendered neces sary the exercise or the disciplinary, power. I recommend that a law be passed allow ing tho secretary of war, within a fixed period of time, say a year, to reinstate any of these, soldiers whom he. after careful examination.' finds to have been Innocent, and whom ho ids to have done all In his power to help bring to justice the guilty. > Meal hue, the Investigation will be con tinued. The results have made it ohvlouf that only by carrying on the Investigation as the war department has carried it on, Is there the slightest chance of bringing tha offenders to justice or of iratln not tho Innocent, for them were doubtless hardly any innocent, , but the less guilty from those hose guilt was heinous. THEODORE ROOSEVELT. The White House, December I I, lilOS. Railway Agent Drops Dead GRASS VAI.I.KV. Cal.. Dor. 14.— Kranli Q. Heatty, general passenger and (relsht agont of the Nevada County Narrow Gauge railroad, dropped dead while on the way to hln office this morning;. H« formerly was state wharfinger and served two terms as county clerk of Nevada county prior to entering the employ of the railroad, He Una prominent in eounly ami" slat. politics as a Republican. He was 68 old Two Principals in the Hains Murder Trial and Wife and Children of Capt. Peter Hains '■ : " '^}:V- ".'^*H Si -■ ■' W Wb"*lßsa IS -- ■■ :■ jfc JsR^L -f^*' *-^ h ■■' ■■ -L Tra>H MWa.CKILDREW J **"-„ " MRS.HAIK3 '' j .■ ■ ■ .-,*.' ■ ■.■".'. ■ ■ '■ . ■ ■ ■ ". j .'.■ ■- ■ nf -'.'.'.' '.■'.■'' 5f "-"■' ■■■.■■■■■■-■■ ■■ ■ i■ ■ ■ .■.' '- 1.1 ■ b .■-.-.-.-.,. ■■ ■.-.■' L^ jf'< <1 . n-. .'.vrt n CftPT.HAINS - I Fl^^^^^^^^^^Cj TARIFF ON STEEL WILL BE REVISED SCHWAB, CARNEGIE AND OTH ERS TO PLEAD CAUSE Republican Members of Ways and Means Committee Will Meet During Holiday Recess to Hear Testimony WASHINGTON, Dec. 14.—1n drafting the new tariff bill to be introduced al the special session of congress th# house ways and means committee is to give special consideration .to the Steel schedule. Charles M. Schwab, the steel mag nate, will appear before the committee tomorrow. Andrew Carnegie, who has been sub poenaed, will pot appear until other steel men, Including Henry C. Frick of Pittsburg and Judge E. H. Gary, have testified before the committee. The Republican members of the com mittee, who will draft the new tariff bill, will sit as a sub-committee for this purpose every day after Monday i during the Christmas recess. It is the.deatnß of the (•o.rnmlt.tee.: to ■^ate^d(»tli^tb*rtirfrf>rry*twf«<eicas'sot)n as possible, but wherever it Is found that the testimony has been insuffi cient It Is pro] < < d to call those manu facturers before it who can give the desired information. When the majority ■ members of the committee complete their bill they will submit it to the Democratic members. The latter will offer the house a minor ity report unless the bill reported by the Republicans provides for the reduc tions that the Democrats favor. The main differences of opinion prob- j ably will be on the lumber, metal and | pulp and paper schedules. Champ, Clark, the minority leader of the house, has brought out much Important testimony In his examination ! of witnesses on the lumber and steel schedules, and he favors a material re duction in the dutiese. Two hearings were held today, one witness appearing at each. At the af ter hi hearing Colonel J. W. Allison, a cottonseed oil manufacturer, asked for a reduction In the duty on pressed camel's hair cloth, the preseni duty on which, he said, is prohibitive and per mits a monopoly <n" the product. This cloth is used in crushing cotton seed In the manufacture of the oil. Accused of Theft BAN FRANCISCO, l>cc 14.—Elmer Long, a clerk in the freight depart ment of the Southern Paetftc railroad, was arrested today on the charge of having cmbe/.zled about $1000 worth of Jewelry and coin from a Jewelry store in Atlanta, Ga. An officer will coma from Atlanta to take l.niifr back for trial. Accused of Stealing $6361.72 OAKLAND, Dec. 14.— A formal charge of embezzlement wan this af ternoon pled against Alfred A. Le Beuf, former cashier of Hale Bros', store, by F. K. Walters, manager of the house. The charge comprises live, thefts, aggregating JG3fil/2. Children Get Your Invitations at Herald's Branch This Week IjSpijPPLICATIONS by children who wish to be guests at The Herald's Christmas din -oj| ncr at the Y. M. C. A. building on South EflßfcJl Hope »street and the entertainment at Simpson auditorium, across the street, should be made at once at The Herald's branch de pot, 323 South Hill street. Application Blanks Will Be Furnished There It is necessary to know the names, addresses, ages, sex and schools of the children (if of school age) and applications must be made this week. Unless approximately the number of young peo ple who expect to share in the festivities is known the committee will not know what estimates to make. • Come down today if you can, or let parents or guardians come. CASTRO CHEERED BY BIG CROWDS VENEZUELA'S PRESIDENT AR RIVES IN BERLIN Ruler of Little Republic Reveals Great Energy, Although Apparently Very lll—Denies Ship Captured Is His BERLIN, Dec. 14. President <"astro of Venezuela arrived here this even ing. The train was late, but was awaited by a dense crowd of people who had gathered out of curiosity. No precautions had been taken to prevent the public from crowding the platform, and as the train steamed into the depot the president was greeted with shouts of "Long live Cas tro." There was a general lifting of hats and much cheering. ' ' The Venezuelan charge d'affaires at Berlin, Senor Veloz-Goetinea, Senor Nachod, the consul at. Berlin, anil other prominent Venezuelans, had the greatest difficulty in malting their way to the entrance of the car, where Cas tro stood .awaiting to descend. The president, although having the appearance of a sick man, was full of He wore a gray soft hat and black overcoat. As soon as the train can to a stop he stepped out qui?ly and cordially embraced Senors Veloz ami Members of Castro's suite stated that the president had sent a dispatch to Emperor William from Herbestal stat ing that he had come to Germany for medical treatment, and expressing pro found homage to his majesty.-' According to the same authority, when he learned the news of the cap ture of a Venezuelan vessel by the Dutch cruiser Oelderland, ho was not greatly affected, merely remarking that there was no such vessel in the Vene zuelan service. _^__^^____™™ L ,, v( ,i i i /i/\l)ri,'U. DAII.V. "■■: BCNDAT, fa SLM«LK ( ()l ihn.ON TRAINS, 5 CKNTH HARRIMAN WILL ROUT 'MACHINE' POLITICAL MEMBERS MAY BE REMOVED AT LAST Notorious Southern Pacific Combine in California Threatened with Dissolution—New Policy to Be Adopted ■ rial to The Herald. 1 NEW YORK, Dec. 14.— E. H. Harri man is said to have derided to rid the Southern Pacific of its Incubus of po litical supporters, constituting; the no torious "S. P. machine." in California and to adopt an entirely different policy as to the attludq of his inter ests in that State toward politics. This will come as bail news lo a number of holders of (at places in the state, but the statement is made authoritatively that Harrlman has ex pressed Ills mind forcibly on the ques tion and that there is no doubt regard inn the execution of his plan. The railroad magnate is said to have decided that tjhe expenxe does not jus tify the railroad in continuing its pres ent political system, but even more Im portant than (his is the fact that he is said to be Influenced in making ui> his mind by a clear Idea that the trend of events will make such a Stand neces sary sooner or later. Mr. Harriman shrewdly foresees thai the public mind is making the lobbying and legislative methods which he was pugnaciously Inclined to favor when he first became prominent In the rail road world, decidedly out-of-date. He believes the railroads were com pelled to adopt the methods which hnve been used purely in self defense, bin goes further in thinking that ii has brought tin-in a sort of composite Frankenstein in the politicians who have attached themselves like barnacles to the railroad treasuries. Mr. llarriman bellev.ea this is the psychological tlnje to adopt a con structlve .nut abovfi-boajfd attitude ivhlch will not only spell economy, but will secure public commendation; Other Lines May Follow Primarily the Idea will he carried out in California, but ii means also it will iir- adopted mi all systems controlled by iliirrimau. i>r with whloh he is allied. it is believed other Interests will adopt b similar ooursei i>ui none other so far >i;is fell Independent enough to take the Initiative, The fact that Harrlman has acquired large electric Interests In San Fran cisco and Wan Diego. Whloh he pro poses to widen, has doubtless had ■ bearing on his decision. He plans to ask the government for larjre subsidies to build up .-hipping- on the Pacific through the Harrlman water lines, but will do so on the ground of patriotism, and he thinks by tho time that will be advisable the sentiment of the. people will be more friendly to his railroads through such moves as the one now contemplated. The Harriman steamship lines on the Pacific are said to be losing money through lack of subsidies, the loss out of Sun Francisco being reported as 168,000 for last month alone. During 1907 11m- loss was said to he $4tiS,ooo. Harrlman officials say Japanese ships c government subsidy amounting to $75,000, jiaklng competition that much more difficult for transpacific American steamships, which receive no subsidy. I. O. O. F. Officer Dies NASHVILLE, Term., Dec. 14.—Judge John l. Nolan, grami iecretary of the Independent Order of Odd Fellows of the World, died here at 11:30 o'clock tonight. 2 Cents HAINS TRIAL IS BEGUN AND SIX JURORS PASSED NIGHT SESSION HELD TO EX PEDITE CASE AUTHOR'S DEFENSE TO BE AF. FECTION FOR BROTHER Counsel Announces That Noted Nau tical Novelist Will Take the Stand in His Own Defense [By Associated Press.] FLUSHING, N. V., Dec. 14.—When court adjourned tonight after two long sessions consumed in exami nations of talesmen, six jurors sat In tiie jury box to try Thornton J. Mains, author, on charges of being an acces sory in the killing of William E. An nis. shot down at. the Bayslde Yacht club last summer by Captain Peter C. Haina. jr. The difficulty of securing a jury be cause of opinions formed early became apparent, and Justice Crane decided that a night session should be held. The questioning of talesmen by, Hams 1 counsel Indicated that the de fense will be based principally on the proposition that /Thornton, fearing his brother's life was in jeopardy from Die crowd at the club house, drew his re volver and held the crowd back. His act was one of defense, and not of offense, according to bis counsel. ? John Mclntyre of counsel for Halns announced that Balm would take the stand In his own defense. He likely will tell of those ei»nts at Fort Hani-' iiton which led to the separation of Captain Hams and his wife and to tha tragedy. Mr. Melntyre also will offer in evi dence the alleged confession made by Mrs. Claudia Halns to her husband. What He May Tell Early court room reports had it 'hat the defendant would take the witness stand and lell the entire story of those occurrences at Fort Hamilton which counsel for the defense alleges com pelled Captain Hams to send his wife a way and to take the, life of Aunts. In I his way a foundation for Captain Hams 1 defense will be laid. William E. Annis, editor of an out ing periodical, was shot and killed while stepping from his boat to the float of the Baysido Yacht club on August lv, by Captain Mains. While Captain Hams was In the Phil ippine.* a year ago his brother, Thorn ton, wrote liim that his wife was re ceiving too much attention from Annis. The absent captain returned to Fort Hamilton and his wife denied the charges. Later, Mrs. Hams asserts that General Hams and her husband and Thornton Hams forced a false con fession from her. The couple separated and Captain Hnins brought a divorce suit. Hea - insr Hint Annl* «U still visiting h«s wife. Captain Hams is .said to hav^ nraged and his counsel de clare that from that time on he be came temporarily insane. In company with his brother, Thorn ton, he went to the Bayslde Yacht clilh last August and shot Annis five timer, while Thornton waved the club mem bers away with a drawn revolver. When COUri convened the tales drawn mi the lust panel, which has h. protested by the defense on Ui« ground that it was improperly drawn, were sent tn a room below the court chambers whi,le the roll of 190 talesmen drawn on the subsequent panels were called. The roll call of talesmen disclosed that Charles W. Rearber, who saw the ■hooting and is a witness for the de fense, had been subpoenaed as a tale = - man. He was quickly excused. After the roll call the court adjourned until 1 p. m. TRIAL OF PAT CALHOUN IS SET FOR JANUARY 5 Continuances Are Grantc ' by Judge Lawlor in Cases of Ford, Mullaly, Schmltz and Several Others SAN FKAX'isco, Dec. 14.—Judge Lawlor today set for January 5, IW9, tho triai of Patrick Calhoun on the in dictment charging him with having ot tered a bribe to Supervisor P. P. Nicho las to vol. for a trolley franchise for the United Railroads, of which he is president. It was agreed that if Mr. Calhoun did not arrive from the by that date continuance should be had. Continuances also were grant* the "graft" cases of Tirey 1.. ThornweU Alullaly, B. B. Schmits, Su pervisor Nicholas. F. O. Drumni, John Martin and Eugene Da Sabla, The eases against Abraham were all allowed to stand on the I dt.r, his counsel having WOBMW dar, his counsel being absent. Power Company Incorporates OAKLAND, Dec. 14.—The Sierra. Electric Power company riled papers of Incorporation with the county clerk this afternoon. The company will have its headquarters in Berkeley ami Us capital stuck will be. $500,000. OC which the most has been subscribed by Q. E. Horton of Berkeley, Bon X Woollier, T C. Warren and Boyd L. Wilson of Oiikland. The purpose of the corporation, as stated in the articles, is to construct and maintain power plants and to sell water rights and water. Ripley's Suit Dismissed SAN FRANCISCO. Dec. 14.—Judge. Van Fleet in the United States circuit court today dismissed the suit of H. S. Ripley against the Spring Valley Water company for damages alleged to have been caused by the Insuffi cient water supply during the great file of 1906. The suit was dismissed for want of jurisdiction, the judge holding it should have been brought In a state court. Attorney Found Dead in Bed REDDING, Dec. 14.— W. H. Biekford, a prominent land attorney of this city, .v is found dead In bed this morning. He was in his usual health yesterday. His death probably was due to his ad vanced age, 80 years.. He had resided In Shasta county since. 1849, and served one term as county clerk. ■ He leaves a sister in Oakland or Berkeley. ' I