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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, March 19, 1895, Image 1

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Fremont Smith Sen
tenced atColusato
Be Hanged.
He Had KilledTwoCompanions
for Their Money and
The History of the Crime as Brought
Out at the Trial Over a
Year Ago.
COLUSA, Cal., March 18. — Fremont
Smith was brought before Judge Bridge
ford of the Superior Court to-day at 10
a. m. and sentenced to be hanged June 7
between the hours of 9 a. m. and 4 p. m.
He stood like a statue, uttered no word
going and coming or in the courtroom.
His eyes moistened, and tears glistened
just a little. The dead silence of the
courtroom was almost appalling, and as he
marched away to the jail the crowd
silently dispersed. All believe him guilty.
He left on the noon train for San Quentin
in charge of an officer.
There is an old house in L. F. Moulton's
pear orchard, below Colusa on the Sacra
mento, which was the scene of the murder
during the latter part of December. 1893.
Three men were residing there, claiming
to be fishermen. Two of them were known
respectively as Charlie and Dolph. The
levee was in front of the house, and there
was a space between, while all round was
the pear orchard, a road passing by the
The third man was Fremont Smith, who
loft there in his wagon about the 27th of
December, going south, and two days later
the dead bodies of Charlie and Dolph were
found in the river. The officers visited the
place. The door was locked and a piece of
human skull, blood and brains were found
on a platform in front of the house. These
were brought with other evidence to
Colusa. There was a trail of blood to the
river and marks showing a body had been
dragged along. There was evidence that
an effort had been made to cover the blood
with dirt, the tool used having a pro
tuberance on its back. The ax found in
the house appeared to have been washed.
No bedding was there, although it was
known that Dolph and Charlie had beds.
Fremont Smith was arrested three days
later at Collinsville, Solano County. He
had a gold watch and chain, shotgun, a
■ pairs of blankets, overalls and
half a dozen suits of clothes. The shovel
had a protuberance on its back and a spot
of blood still remained. Blood was on the
overalls. The arrested man had one of the
two keys of the house on his person, the
other key being found in the pocket of one
of the deceased. The clothing was too
small for Smith, though it might fit one of
his partners.
The dead men were murdered, one struck
on the head and the other having had the
top of his head shot away. This evidence
was held sufficient for conviction. The
trial was an exciting one. The aged
mother was present, and when the ver
dict was read, in agony she exclaimed,
pointing her ringer straight at the jury,
"The curse of God be upon you all; my
Bon is innocent!" She was the haggard
picture of despair, weeping, and trembling
with anger and grief from head to foot.
The prisoner turned pale. He was sen
tenced to be hanged August 3, 1893. An
appeal was taken. The opinion of the
lower court was affirmed. On the 13th
Sheriff Jones went down to San Quentin
with Deputy Harmeson to bring Smith
back for a resentence of the Superior
Court of Colusa.
Ministers Have Taken Up the Question
and Aroused the People.
LOS ANGELES, March 18.— The social
evil question is now receiving the attention
of the city officials, and an unusual in
fluence is being brought to bear to have
the dives suppressed and the occupants of
the Alameda houses removed to a less fre
quented portion of the city. The clergy
have added their voice to the general cry
for eradication of such nuisances, and to
day the UniGji Ministerial Association, em
bracing nearly all the pastors of the various
churches, presented a resolution to the City
Council, urging immediate action in the
direction of reform along social purity
. The Councilmen had a spirited debate
over the question, but no radical measures
were proposed to remedy the evil. . Prop
erty-owners in the southeastern portion of
the city have petitioned for prompt" action
in the matter, and the community .gener
ally is aroused. Some decided steps will
probably be taken next week in this regard.
The Men Accused of Murdering Mrs.
l'latt Are in Court.
Los Ancjet.es, March 18.— Francisco
Guavish, Mateo Pa and Antonio Ashman
were placed on trial in the United States
Circuit Court to-day for the murder of
Mrs. Mary Platt. Mrs. Platt was a teacher
on the Pichango Indian reservation, and
on the night of September 21 the house in
which she lived was burned. Investiga
tion showed that the teacher had first been
murdered and then burned. A little girl,
a relative of Mrs. Platt, escaped from the
house uninjured and gave the alarm. Offi
cers worked on the case for some time, and
finally fixed the crime upon the three de
fendants named, who were accordingly ar
All of the men lived on the reservation,
and had been friendly with Mrs. Platt for
years until a few days before the murder,
when they became offended because the
old lady "would not furaish them with
money. The theory is that they took
their revenge in this bloody way accrrding
to instincts of race.
Musicians for the Fiesta.
LOS ANGELES, March 18.— During his
recent visit to. San Francisco, Chairman
Wilhartitz of the Fiesta musical commit
;ee secured thirteen musicians to complete
The San Francisco Call.
his big orchestra which will furnish con
certs during carnival week. Amoug them
are John Marquardt and wife, Mr. Grue
naur and Mr. Tobin.
Supposed to Be Strata.
LOS ANGELES, March 18.— Some time
ago Frank Swift, a San Francisco boy, was
arrested here for burglary. Shortly after
he gave a bond signed by his mother from
San Francisco, which was approved by one
of the Judges of the Supreme Court. His
trial was called this morning but Swift did
not appear. Now it is thought the bond
was a straw one and the signature of the
Judge a clever forgery.
William Rodgers Convicted of Burglary
After Short Deliberation.
MADERA, March 18.— The case of the
people vs. William Rodgers occupied the
attention of a jury in the Superior Court
here to-day. All of the day up to 5 o'clock
was spent in taking testimony, as the
work of impaneling a jury had been com
pleted on the 16th. The case was com
posed entirely of circumstantial evidence,
but of a very strong nature.
It was proven by the prosecution that
Rodgers had been in the employ of Calvin
Bigelow, who owns a store at O'Neals, and
that he had knowledge of the fact that with
in Bigelow's frail safe was a large amount of
gold dust, which Bigelow had bought of
the miners in that vicinity, and the day
following the robbery Rodgers had sold gold
dust at a small town not far distant, which
was identified by Mr. Bigelow as that
which he had lost.
The defendant took the stand in his own
behalf, but was unsuccessful in his effort
to overthrow the preponderance of evi
dence against him, and after the argu
ments of counsel and the . instructions of
the court, it only took ten minutes for the
jury to find the defendant guilty of bur
glary in the first degree.
The Convict -Author Will
Be Solitary for Some
The Board of Prison Directors
Fail to Order Bachman's
FOLSOM, March 18.— Charles F. Bach
man, Folsom's # author-convict, will
remain in solitary confinement for at least
another month, as no definite action was
taken in the matter by the Board of Prison
Directors at the meeting last night. This
means that very definite action was taken,
for the decision as to Bachman's term of
close confinement will now be left to War
den Aull.
Bachman, it will be remembered, has
been undergoing extra punishment since
the first of the year, his offense being by
surreptitious means the sending out of
letters reflecting on the management of
the prison and having in his possession a
loaded pistol. Bachman is the convict
who wrote a very highly spiced novel,
"Redeemed," for the publication of which
Warden Aull advanced $350.
In letters to a lawyer Bachman claimed
that the Warden was entitled only to half
the profits on the book, but kept them all.
He said also that Aull was a partner in the
copyright of the book; this Mr. Aull de
nied. He admitted that he had loaned
Bachman the money, taking the copyright
as security, but not intending to claim any
of the profits of the book, which was really
a failure. He had the author put into soli
tary confinement for sending out the com
plaints mentioned above, and his action
was sustained by the Prison Directors,
who were inclined to severity because a
loaded pistol was found on Bachman when
he was taken in charge.
Bachman pleaded guilty to having a
pistol in his possession, but he repeated
his charges with regard to the partnership
in the book, claiming he had given Aull a
half interest in it in consideration of the
latter getting him a pardon. The board
found him guilty, took off a year's credits
and ordered him into solitary confinement
until their next meeting. There he has re
mained ever since, shut out entirely from
association with the other prisoners. At
last he made a written statement for
Warden Aull, that his assertions to the
directors and the charges of the "Warden
having promised him a pardon for a half
interest in his book were false.
This fact is well known to the board.
They decided, however, not to consider the
matter, although they will probabl}' give
Warden Aull informal directions to treat
the prisoner as he thinks will be most con
ducive to prison discipline. This will mean
another thirty days' confinement in soli
tary for Bachman.
Neither the newly appointed Prison
Director, Fitzgerald, nor his predecessor,
Mr. Ivory, were in attendance at the meet
ing of the board, which disconsolately dis
cussed their much-mutilated appropriation
bills. Owing to the small amount of money
allowed them, they cannot carry out the
suggestions of the Legislature to employ
the convicts in remunerative labor except
in the quarries. Steps will be taken to
establish a general market for the Folsom
granite as soon as practicable.
Released at Fresno.
FRESNO, Cal., March 18.— A. A. Rowell
of Selma, who was sentenced to jail by
Recorder E. H. Tucker for a refusal to pay
a fine of $10, was to-day ordered to be
released by Judge J. R. Webb of the
Superior Court. Mr. Rowell sold $1 05
worth of meat in Seima without paying the
license of $10 a day. He refused to pay the
fine imposed on the ground that the
license which in the case of commercial
salesmen is only $10 a year is discriminat
ing and therefore unconstitutional. Judge
Webb upheld this view and intimated that
the decision would have been the same had
the defense been that the license was
practically prohibitory.
Refused Citizenshin.
FRESNO, March 18.— Judge Stanton L.
Carter to-day refused to grant citizenship
to a Portuguese named Pento because in
answer to a question he said that in case of
war between tiie United States and Portu
gal he would fight against his adopted
country. Several other applications for
citizenship have been denied in the past
few weeks for reasons somewhat similar.
Closing Chinese Dens.
FRESNO, March 18.-The City Trustees,
at their meeting to-night, ordered the clos
ing of all dens under the sidewalks in China
town. The Chinese have been excavat
ing under the sidewalks and even under
the streets for years, an<l a large propor
tion of them live in these, underground
dens. Trouble is expected in the enforce
ment of the law.
Over Eighty Thousand
Dollars Missing From
the Mint.
Five Rapid Clean-Ups Show It
Is Not the Result of Any
Clerical Error.
The Facts Have Been Known to the
Government Officials for
Over a Week.
CARSON, Nev., March 18.— Andrew
Mason, Government Mint inspector and
superintendent of the New York Assay
Department, has been in Carson for the
past week, inspecting the affairs at the
United States mint in this city. An article
in this evening's Tribune to that effect has
given rise to rumors that something was
wrong at the mint, as heretofore the pres
ence of Government inspectors has been
known to the public on the day of arrival.
The fact of so much secrecy caused ugly
rumors, and this evening it was learned
from Hirsch Harris, melter and refiner,
that something was wrong at the mint
and a shortage had been discovered about
a month ago.
It finally leaked out that something
over |80,000 has mysteriously dis
appeared and that five clean-ups,
which were made in quick suc
cession, as it was thought some clerical
error had been made, failed to reveal the
cause of the shortage. Refined gold and
silver bullion to that amount has disap
peared from the department, and Inspector
Mason expects to be able to clear up the
mystery in a day or two.
Mr. Harris also stated the reason so
much secrecy has been observed was be
cause it was not deemed advisable to give
the matter publicity, as it might prevent
discovery and the recovery of the loss.
No direct charges have been made as
yet and it will probably be some days be
fore the mystery is unraveled. The pres
ence of General Bob Keating in Carson, to
whom several mint employes, including
Superintendent J. W. Adams, owe their
positions, is a significant fact, as is also two
trips recently made to San Francisco by
P. P. Ellis and J. T. Jones, mint officials.
Constable Brissell Leaves a
Number of Creditors in
. the Lurch.
Compelled to Resign on Account
of His Neglect of His
SACRAMENTO, March 18. — Constable
John P. Brissell, who recently figured in a
shooting affray at the Mansion House in
this city, has been forced to resign his
office, and has skipped, leaving a long
list of creditors who are extremely anxious
to ascertain his whereabouts.
Since the morning when Mrs. Brissell fol
lowed her husband to the apartments of
Mrs. Moore and shot the latter, Constable
Brissell's actions toward her have been so
open that public sympathy for the injured
wife rose to such an extent that the Super
visors found it necessary to demand the
constable's resignation. Brissell endeav
ored to face the situation by refusing to re
sign, but a long communication from
leading citizens of the city and county
demanding his resignation left no alter
Before submitting his resignation Bris
sell succeeded in borrowing considerable
money and sold the outstanding fees of his
office, so it is claimed, to J. Paris Jr. for
$400. Before the Board of Supervisors
acted upon his resignation BrisselJ left the
city during the night, as anxious creditors
were pressing him and threatening his
Since the unfortunate affray in which
Constable Brissell was the prime factor, it
has developed that for months past' Brissell
has neglected his family, leaving them ab
solutely destitute. Since the shooting he
has provided for Mrs. Moore"ln a luxurious
manner, while his own family were with
out money or food, dependent upon the
charity of friends. Brissell deprived his
wife of her jewelry, which he bestowed
upon Mrs. Moore.
His latest act came to light to-day. It ap
pears Brissell procured a horse, buggy and
harness, which he pawned at "Uncle Ike's"
for $15, the owner of which came to Mrs.
Brissell to-day looking for his property.
Brissell has boasted of his innocence, yet
Mrs Brissell has absolute proof of his
duplicity, as is shown in the several letters
received by him from Mrs. Moore which
have been found.
It is known that Brissell received the
letters through a third person, who is
a county official. Prior to meeting Mrs.
Moore Brissell owned a pretty home, but
this he has squandered. By his aid
Mrs. Moore secured a position in the State
bindery, and she has frequently boasted of
her influence with prominent State offi
It is said that Brissell has been seen in
San Francisco, where he has been spend
ing money lavishly and has secured pass
age to Alaska for himself and another per
son—presumably Mrs. Moore, as she has
signified her intention of leaving Sacra
mento. The knowledge of this has come
to his creditors, who will endeavor to pre
vent his departure until he has satisfied
their claims and provided for his family.
The Southern Pacific liuilding Sew Sheds
in Sacramento.
SACRAMENTO, March 18.— The South
ern Pacific Railroad Company has con
•cluded to extend its facilities for hand
ling fruit at this point, and in a few days
piledrivers will be put in operation prepar
ing foundations for extending the river
freight sheds along the water front. The
company will erect new sheds connecting
with the present steamer shed extending
both north and south. This addition will
do away with the old system of handling
fruit twice, and it will now be loaded in
cars direct from the boats as they come in
instead of being housed on Front street as
The new shed will extend from X to I
streets on the north and X to M on the
south. New tracks will be laid, and other
necessary improvements made to assist in
handling the fruit crop with dispatch. It
is the intent of the company to utilize the
old fruitshed as a storehouse for hops and
A large force of carpenters will be em
ployed as soon as the foundation is ready,
and it is expected to complete the new
sheds in sixty days.
Sacramento Guards to Talk to San Fran
cisco by Heliograph.
SACRAMENTO, March 18.— Lieutenant
Martin, commanding the signal corps of
the Fourth Brigade, N. G. C, stationed in
this city, is an enthusiast in the science of
heliographic signaling and has had his
men constantly practicing with the instru
ments for several weeks, in preparation for
a system of telegraphy which will shortly
be established between this city and San
Francisco via Mount Diablo.
C. J. Atwater, a member of the Fourth
Brigade signal corps, was dispatched to
the latter city to-day to make arrangements
with the Second Brigade signal corps for
the proposed course of signaling, which
will be operated during the coming month.
The distance between Mount Diablo and
the signal station in this city is sixty-nine
miles as the bird flies.
Opposition to the Hell.
SACRAMENTO, Cal., March 18.— A new
telephone company is being formed by the
business men in opposition to the Bel
An amended Petition Filed on
Behalf of the Minor
Partial Distribution of the Es
tate Is Asked For by the
SAN JOSE, March 18.— Edward A. Bar
ron, a minor, by J. E. Brown, his guardian,
has filed an amended petition for partial
distribution of the estate. John H. Dick
inson is attorney,
The pet «i.-»er avers that he was born on
the 9th d* of February, 1881, that he is a
son of Edward Barren, deceased, and Wini
fred Morton. Petitioner avers that at his
birth and for many years thereafter he was
received into the family of the deceased
Edward Barron, his father, and that al
ways and up to his death the deceased
recognized petitioner publidy as his child,
and always treated him as if he were a
legitimate child, >nd did thereby adopt pe
titioner as and for his legitimate child, and
who thereby became such.
The petition further says: "That the said
Edward Barron, by an omission, not ap
pearing to be intentional, wholly omitted
to provide in his said . last will and testa
ment for your petitioner, so being his legit
imate child by adoption, as aforesaid, and
your petitioner is therefore entitled to, and
claims the same distributive share in all
and singular the estate of his said deceased
father, as though said deceased had died
The petition recites the heirs, who are
named in the will, who, it is charged, are
the devisees of the whole of the estate,
that this estate is appraised at $1,800,000,
and is but little, if at all, in debt. He
further recites the fact of the appointment
of Eva Rose Barron, the executrix, and
says that his distributive share may now
be awarded to him without loss to the
Petitioner therefore prays that notice of
his application may be given all parties
concerned and that a day be set for the
hearing of this petition. At such hearinsr
he asks that such portion of the estate as
the Court direct be awarded and set aside
to him. .
Delegates Will Be Served With Lunch by
San Jose Ladles.
SAN JOSE, March 18.— The committee
having in charge the arrange
ments for the State Sanday-school
convention that is to meet in this city
April 16, 17 and 18, has decided to give the
visiting delegates lunches on Wednesday
and Thursday, the . last two days of the
convention, and the various churches have
been requested to appoint two ladies from
each to act upon a joint committee to get
up the lunches.
-, The sessions here will be presided over
by H. Morton, who is State president of
the Sunday-school Union.
Besides the mass-meeting there will be a
parade of Sunday-school teachers; and
pupils. It is expected that about 2000 will
be in line. The convention will be held
during the Easter vacation of the public
schools of this city, so that the children
will be able to attend. State President
Morton will attempt to secure a holiday
for the schools throughout the county so
that all the children who wish can attend
at least one session of the convention.
San Jo»e Will . Licmxr Venders Who Have
the Pure Article.
SAN JOSE, March 18.— An ordinance to
regulate the sale of milk was given its first
reading in the Common Council this even
ing. The ordinance provides that all milk
venders must be|duly licensed and regis
tered, the licenses to be granted free of
If milk is found to be impure or not up
to the standard indicating a healthy con
dition of the cows the vender is to be com
plained of before the City Justice, and if
convicted his license is to be forfeited and
be subjected to a fine not exceeding $100
or imprisoned not to exceed thirty days.
Other sections provide that the health
officer may at any time investigate the
conditiou of any dairyman's cows or the
place where he keeps them, and if there is
found to be anything about his establish
ment conducive to unhealthfnl milk he is
to be proceeded against as before men
Saw X««> Obispo JAcensea.
SAN LUIS OBISPO. March 18.— The
high license ordinance fixing the saloon
licenses at $600 a year passed the Council
to-night by a vote of 3 to 2.
Blanck, the Escaped
Murderer, Met on the
High Road.
He Was Within Twenty Feet of
the Officers, but Dodged
Into the Brush.
His Capture Considered a Matter of
Only a Few Hours'
SEATTLE, Wash., March 18.— Thomas
Bianck, murderer and jailbreaker, is still
at large, although pursued by fully 500
men armed with shotguns and Winchester
rities. Fickle fortune seems to smile on
the bold desperado, for by a most mirac
ulous chain of circumstances he escaped
yesterday morning, a few moments
after 12 o'clock, from the very muz
zles of a rifle and shotgun in
the hands of Michael Kelly and Dick
Burkman at a point about half a mile
south of Black River Junction where the
Northern Pacific main lines and the
county road cross. The officers could
have killed him like a dog, but, being in
dense darkness and in ignorance of the
persons they had before them, they re
frained from firing, only to learn a moment
later that the prize of a lifetime had made
his escape a second time.
Bianck and Rutten,| the Kitsap mur
derers, were making their way along the
county road, when they came upon Kelly
and Burkman.
Telegrams had been sent to Black
River junction, Orillia, Kent and Auburn
roused the inhabitants. Michael Kelly
and Dick Burkman were sent south from
this city and quickly driven to a point
near Jergesons Hill, where the county
road crosses the Northern Pacific track.
Suddenly in the darkness they heard foot
"I guess we had better hold these fellows
up," said Burkman. Soon the misty forms
of a tall man and apparently a big boy ap
peared. When within twenty feet the offi
cers called out, "Throw up your hands!"
The tall man did as commanded, but the
other fellow only put up his right hand
part way and commenced lagging behind.
"Throw up your hands there!" cried out
"My hands are up," was the reply.
"No, they are not," replied Kelly, "and
if you don't obey the command and keep
coming, I will put a hole through you."
At this point the tall man, who seemed
to be looking at Burkman's gun, crossed in
front of Kelly, and the young fellow sud
denly made a dodge, and like a snake,
plunged into the bushes at the west side
of the road. The tall man, however,
walked directly up to Burkman, who de
manded to know immediately where he
came from.
"I came from the County Jail," was the
reply that came like a shot on the officers.
"Who was that man with you?"
"It was Tom Bianck."
"Hold this man," cried Burkman to
Kelly, and then he dashed to the place
where the man had disappeared. The
river, only a shoit distance below the spot,
ran quietly. There was no splash. Not
even a dry twig snapped to give warning
of the location of the only Bianck.
The officers stood silent listening for
some clew, but it never came. Rutten was
then hurried to Orillia, the next station
south, in hopes of keeping Bianck between
Seattle and that place, but despite the most
thorough search by parties coming to a
central point at Black River Junction from
all roads, no trace of him was found.
The supposition is that after ducking
into the bushes he went back up the
county road about 80^ rods, went up on
the side hill into dense timber, where he
could watch all the parties in the valley
below. All avenues of escape are covered,
and trouble is looked for within the next
twelve hours. Cosgrove is in jail, and it
is thought that Williams is under arrest at
Sheriff Parker With a Fosse Scouring
Fierce. County.
TACOMA, Wash., March 18.— Sheriff
Parker and a posse of thirteen armed men
started out this morning to assist in the
hunt for Blanck and the other escaped
Seattle murderers. They followed the
Northern Pacific track toward the King
County line, dividing later in the day into
four squads. A telephone message indi
cates that one squad is following a man
thought to be one of the convicts, but no
details were given.
legislators cannot now be
Called by Sacramento's
Grand Jury.
The Biggy-Dunn Scandal Will
Have to Wait for Statutory
SACRAMENTO, March 18.— The Grand
Jury met to-day, but took no action in the
Biggy-Dunn legislative boodle scandal.
It was found that the constitution pro
hibits the service of process on members
of the Legislature for fifteen days preced
ing and following a session of that body.
So the matter must go over for two weeks
unless Biggy and other Senators should
volunteer to come and appear before the
Grand Jury in the meantime.
Captured, and in Jit il.
SACRAMENTO, March 18. — Miner
Young, who last night, in a fit of insanity,
attempted to brain a young woman named
Mrs. Yale in this city, was captured by the
police this morning in his mother's resi
dence, at Twentieth and O streets. He
was found hid in the basement of the
dwelling and made an attempt to brain
one of the officers with a hammer. After
a desperate struggle he was disarmed and
conveyed to the City Prison.
Bloodshed Expected.
SACRAMENTO, March 18.— Chinatown
denizens are in a state of great excitement
to-night, and there is every appearance of
riot and bloodshed before morning. The
police force has been doubled in that quar
ter and every possible precaution taken to
preserve the peace.
The trouble started through an insult of
fered by a highbinder to the wife of one of
the wealthy Chinese merchants while she
was walking down the street. Some by
standers took the woman's part and repri
manded the tough. He became abusive
and was promptly knocked down.
Swearing vengeance, he mustered hisfel
,low hiarhbinders, bade them arm them
selves and started out to annihilate the
men who administered the well deserved
beating. The arrival of a squad
of police, who came on a
run from the station-house near by, word
having been conveyed to that place, put
an end for the time being to tne projected
hostilities, but it is feared that blood will
be spilled before morning.
An Insane Man Vsed His Gun Upon
an Inquisitive. Visitor,
SAN JOSE, March 18.— This afternoon
James Pierce*a watchman on James V.
Coleman's ranch about ten miles from this
city, was shot in the side but not seriously
injured by Joseph Dubois, a crank who
occupied a cabin on the place.
Dubois has recently been acting strange
ly. He boarded up the windows of hia
cabin and barricaded the doors as if he
feared an attack. Pierce wanted to get
some information from him about some
gates that had been left open, and when
Dubois refused to open the door Pierce
began tearing a board from a window.
Instantly there came a shot through the
window and Pierce received a flesh wound
under the left arm. He was brought to
San Jose and found not to be seriously
The insane inmate of the cabin was cap
tured by Sheriff Lyndon, but not till he
had caved in a door and a window. The
prisoner made no resistance when brought
to the county jail and locked up.
Local Capitalists Desire to Establish a
Telephone Systetn in San Jose.
SAN JOSE, March 18.— H. J. Edwards
to-night petitioned the Common Council
for a franchise to conduct a telephone
system in this city. The petition
states that . the company operat
ing the system is composed of
local capitalists, and they promise, if
granted a franchise, to bring telephone
rates down so low as to be within the reach
of all. The company has the right to use
the poles of the Electric Improvement
Company, of which Edwards is manager.
No action was taken on the petition and it
was referred to a committee.
Amelio Garcia, Who Murdered
guilminot, to be hanged
in June.
His Crime the Most Cold-
Blooded in the Annals of
the County.
SAN BERNARDINO, March 18.— Amelio
Garcia, who murdered James Guilminot
October 20, will hang at San Quentin June
5, between 9 a. m. and 4 p. m. Such was
Judge Campbell's sentence delivered at
1:30 this afternoon in the presence of a
crowd which filled the courtroom to suffo
•In answer to the usual question as to why
sentence should not be pronounced, the
prisoner spoke disjointedly in Spanish
through an interpreter. He said he had
not had a fair trial, that money had been
used to convict him, and that the crime
had not been fastened on him by the testi
mony. In an indirect way he pleaded in
nocence, but did not flatly deny that he
killed Guilminot.
Owing to Garcia's desperate character,
Sheriff Holcomb applied to the court for
two deputies to guard him en route to San
Quentin instead of one as is usual.
Amelio Garcia, who was sentenced to
death this morning for the murder of
Joseph Guilminot, had probably as little
regard for human life as any being who
ever existed, and certainly as little remorse
over the sheddins of human blood. The
beast-like ferocity of his. crime was not
fully developed at the trial wJiich concluded
last week. The prosecution confined itself
almost exclusively to the confession of
Juan Ferra, the accomplice, which was
sufficient to secure conviction. However,
his testimony told but feebly the story of
the butchery.
This evening the Call's correspondent
had a talk with one of the members of the
Grand Jury which indicted Garcia. He
said : "I never have heard or read of a man
who was absolutely lacking in the quality
of sympathy, nor of one who took positive
delight in murder, until I heard the tes
timony in this case before the Grand Jury.
"After Garcia had |finished his devilish
work he went straight back to the cabin
where he was stopping with some country
men and without washing the blood from
his hands told the story of the crime and
concluded with the words: 'That man
had more blood in him than any Christian
I ever killed. I couldn't get him to bleed
to death.'
"This was the testimony of one of the
men who heard his story immediately
after the murder. The most remarkable
feature of the crime was that Garcia had
no motive for the deed except to gratify
his delight for murder. He did not visit
Guilminot's house with thatjobject. Ferra
proposed to rob the old man and Garcia
instantly assented. When the old French
man declared he had no money, Garcia
drove' his knife into his victim's shoulder,
breaking the blade. According to Ferra,
who stood guard, the old mans cries for
mercy, as on his knees he begged for his
life, would have moved to pity the meanest
savage. After the house was searched
with t he result of finding nothing of value.
Garcia stabbed Guilminot in the neck and
smiled as he did it. Waiting several min
utes longer for the poor man to die from
the loss of blood and getting tired of the
delay, Garcia took a knife which he had
found in the house and severed the French
man's jugular vein. He was then and still
is without the least remorse."
Died at Redding.
REDDING, Cal., March 18.— "Happy
Jack" Glasscock, who was shot last week
by "Dot" 'Fluke, died of his wound to-day.
The Fluke woman was found in Red Bluff
and arrested.
California Defeated in
the Oakland Water
Front Case.
So Says the Supreme Court
in Rendering the
Chief Justice Fuller Does Not
Touch Upon the Real
From the "Call" of January if, IS9S.
Washington, Jan. 20.— The railroad wins the
Oakland water-front case.
.The United States Supreme Court will dis
miss the case, and will say that it is not a Fed
eral question, and that it has no jurisdiction in
the premises. It is understood that the de
cision will not deal with the real merits of the
case, and will not give any opinion as to
whether the California Legislature had any
right to convey the Oakland water front to the
city, or to dispose of it as it saw fit, or as to
whether the city had any right to convey the
same to Carpentier.
From the "Call" of January H, 1596.
Washington, Jan. 21.— The decision in the
Oakland water-front case was not handed
down to-day, but it may he looked for soon.
* * * The decision may not be announced
for some time on account of other business to
be transacted. Nevertheless the case will be
dismissed as wired the Call last night.
WASHINGTON, March 18.— An evening
paper says: "After the decision of the Su
preme Court in the Oakland water-front
case was handed down to-day, it was re
ported tnat Charles C. Carlton, special
Washington correspondent of the San
Francisco Call, would be cited to appear
before the court to answer the charge of
contempt for having telegraphed to hia
paper several weeks ago the purport of its
decision. While the correspondent did not
publish the full text of the opinion, he
wired to the Call that the case would be
dismissed, and gave the court's reason for
its action. An opinion of the Supreme
Court is rarely, if ever, anticipated, and
consequently the dignity of the Justices is
"Tne case is only second in importance to
that of the celebrated Chi-iago lake-front
case, and involves wharfage and tidelands,
the estimated value of which is $20,000,000.
"The Justices are solicitous to ascertain
who among the court's officers divulges
the deliberations of that body. If this
correspondent is held to answer its charge
of contempt his case will be different from
that of Messrs. Shriver and Edwards, the
newspaper men who refused to answer
questions propounded by a Senate com
mittee in the sugar inspection inquiry, as
no constitutional question could be raised,
but the correspondent could be committed
to jail if he refused to answer the questions
of the court.
"Mr. Carlton says he does not believe the
court has any intention of citing him to
appear before it; but in any event, he will
not divulge the source of his information."
Dismissal of the Great Water-
Front Case.
WASHINGTON, March 18.— Chief Jus
tice Fuller to-day delivered an opinion dis
missing the bill in equity brought by the
State of California vs. the Southern Pacific
Railroad Company, involving the owner
ship of the Oakland water front, for want
of original jurisdiction.
This disposition of the case was made
necessary by the conclusion reached by
the court that, as there were parties inter
ested in the disposition of it, such as the
town of Oakland and the water-front
company, who do not appear as parties to
the present suit, it was not equitable to
finally adjudicate the case unless those in
terested were represented in the suit.
Justice Fuller stated that while rights to
the town and water-front company would
not be technically determined they would
be effectually passed upon.
With the matter placed in this light the
next question to be decided was whether
the Supreme Court had original jurisdic
tion. The decision first was to the effect
that it did not have such jurisdiction, and
in reaching this conclusion the opinion
was discussed at some length.
While there was some reason for doubt
as to the course to be pursued, the court
was of the opinion that the constitution
had meant to be explicit in its confirma
tion of the original jurisdiction, and as the
provision was not made for a combination
of the citizens of the State at interest with
those of another State, the inference was
that in such cases the Supreme Court could
only exercise an appellate and not an orig
inal jurisdiction. Referring to the ques
tion of interest to other parties who do not
appear in the case, the Chief Justice, after
quoting various rulings of the -court, said:
"Sitting as a court of equity we cannot,
in the light of these well settled principles,
invoke a consideration of the question
whether other persons who have not an
immediate interest in restricting the de
mands of the complainant are not indis
pensable parties, or, at least, so far neces
sary that the case should not go on in their
absence. Nor can the court proceed to de
cree as between the State and the Southern
Pacific Company and do complete and
final justice without affecting other per
sons not before the court, or leaving the
controversy in such a condition that its
final termination might be wholly incon
sistent with equity and good conscience.
We are constrained to conclude that as the
city of Oakland and the Oakland Water
front Company are so situated in respect
to this litigation we ought not to pro
ceed in their absence.
After quoting various opinions bearing

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