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Body Goes Home.* Sudden Death of a Pioneer. BAKERSFIELD, Deci 22.-K. P. Hart !•)•. one of the early pioneers of Califor nia and for the last fifteen years a resi dent of Kern County, was found dead in his bed this afternoon. The deceased was employed as a night watchman in Kern City and bad gone off duty at 7 o'clock in the morning apparently In good health. Hartley was a veteran of the Civil War and a member of the Grand Army. Gambling Losses Cause Suicide. SEATTLE, Dec. 22.— William J. Bur dette, a well known newspaper man, committed suicide this morning by shoot- Ing himself. Gambling losses followed by Cefcpondency are supposed to have been the cause. Burdette was a native of the I*le of Wight. He leaves a wife and sev eral relatives here. Fire Destroys a Railroad Depot. EPOKANE. Dec «.— Fite to-night de tnollaned the passenger depot of the Ore gon Railroad and Navigation Company, causing a loss of J10.O00. It was the prop erty of the Union Depot Company and was fully Insured. The fire started from a defective electric wire. BROKEN CABLE STOPS TRAFFIC.-For flVf. bourn latt night the car* on th« Mc- A1I st^-.treet lln« «*r« un«hl« to ran owlny to'-the l-T-sMnr of the eafcle SANTA BARBARA. Dec 22.— The Southern Paclnc Company has Just ac quired title to a valuable piece of oil property heretofore a part of the Arel lanee rancbo. near Casmalia.in the north ern section of Santa Barbara County, on the main line of the coast road. It is the intention of the company to bore for oil to be used for fufl purposes in the com pany's locomotives. It Is understood that the Southern Paclnc will begin operations at once. Southern Pacific Buys Oil Property. Pictures That Speak., And remind the recipient cf the giver. *Wha» Is a more lasting remembrance than a beautifully framed picture hanging in the home of your friend? The Picture Department will show you them at all prices. Sanborn. Vail fk Co., 741 Market street. Open evenings. • BUTTE. Mont.. Dec. 22.-A special from Anaconda to the Miner says a new trial ty&s granted to the plaintiff to-day In th« cat* of J. A. Murray vs. the city of Butte. This is the famous case where >I£rray sues the city for the recovery of the mciipr equivalent of all the streets and alleys located in the heart of the citv upon the site of the Smokehouse lode. It -came up before Judge Napoleon some two tronfhs 3g<> on a practically agreed upon till of exceptions and to-day the court rendered his decision. Exceptions were t^ken and the ruling of the court w*ll Unquestionably be taken to the Supreme Court on appeal. City Attorney Lamb of fcutte appeared for the city, while At torney Miles J. Oavanaugh appeared for ihe rlalntiff. JTIBGE NAPOLEON HOLDS FIRST TRIAL DEFECTIVE Another Hearing Granted in Cele brated Controversy Over Bntte Streets. On Christmas day. Thursday. December 25. the California Northwestern Railway *ill sell tickets from San Francisco to the points herein mentioned at one fare for the round trip, with limit of return Friday. December 26: St. Vincent. Igna ci*». Novato. Petaluxna. Cotatl. Santa Rosa. Fulton. Windsor. Healdsburg L,vt to:i. GeyservWe. Asti. Cloverdale. Preston Hopland. Guerneville. Sh*>ilvHie Vine yard. Sonoma. Agua Callente. Gl«>n Ellen Sebastfcpol. Tklah. Willits. Tickets will be on sale at Tiburon ferry on Christmas day. , • On the California Northwestern Railway. HALF RATES FOR CHRISTMAS "Mr. Agler, should not the brakeman have planted a red light In the middle o/ the track, and should he not have laid torpedoes on the track?" "No; he did all that was deemed neces sary under the conditions. Red lights are planted in the middle of the track, and torpedoes are only laid In parts of tho roads where there are curves. There arc no curves where the accident occur red: It was a plain, straightaway track." "Under the present conditions I cannot change my opinion, but believe that En gineer McGuire is to blame for the ac cident." "I cannot Imagine what could have ».<en tho matter with McGuire.- He should have seen the red and frreen lights on the end of tho Owl train for two or three tulles before he came to It. There is a straight stretch of track in that section; and the night was. clear. • "Superintendent Palmer reports to me that Conductor Dolan. in charge of the Owl. upon learning from his engineer that his locomotive was out of order that there were leaking flues which put tho fires out— walked over to the con ductor of the freight train lying on the s'dlng and asked that he might use the freight engine to pull his train out. The conductor of the freight train consent ed, and Conductor Dolan then walked up the track to telegraph to Oakland that he was going to use the freight en gine. When Dolan arrived at' tho depot at Byron, about 700 feet away, the col lision took place. "Conductor Schu of the Stockton train reports that when the accident occurred he was standing in the aisle of a day coach. He was thrown to the floor, and his lantern went out. When he got on hLs feet and got outside the car Brake man Cole was running up the track to his train. When he first saw Brakeman Cole he was still 600 feet behind the Stockton train. "I am of the opinion that Engineer Mc- Guire Is to blame for the accident. He Is still at the Railroad Hospital, and l» not at' present In condition to make a formal statement on his own behalf. "At tho time of the accident a freight train was lying on the siding at Byron. On that train were two train crews, 'dead-heading' back to Oakland. A num ber of the men t.hat composed these train crows Haw ItrakcAian George Cole of the Owl train start back to flag the train: they say that he went back between 1000 nnd 1500 feet. Whether the brakeman went back. 1000 or 50 feet makes no dif ference; Engineer McGuire should have had his train under control. He has been In the habit of following tho Owl for months, and should have been on tho elert. — MANAGER JAMES AGLER held a lengthy conference last even ing with W. S. Palmer, division superintendent of Oakland. The last named railroad official made to his 1 superior a full report of the accident. At the close of the conference Manager Agler made the following state ment: POCATELLO^IdahoADec. 22.— A special from Hallcy, Idaho, says that ', Frank Brown was shot and, killed and Jesse Le'e fatally ' wounded ., to-day by ; Larry Bran non. /.The shooting occurred sixteen <'mlles from .Hallcy: and .was tho outcome of [a dispute over a load of; hay. ; ' v , ' ¦ • . Fatal Quarrel Over Hay. Thieve* Enter Butcher Shop. ;. Adolph Sltcher, who dwns a: butcher shop at 106 Railroad avenue,' returned. to his shop last evening about 9 o'clock to get his overcoat and to his surprise found that the knob had been blown off . the Bafe In his store and that a small hole had been drilled In the door Just above the ) lock. Sltcher ' believes '" thieves must have been at work at fhq time he return ed ,: for his coat" and his entrance f rlgh t ened them off. The rear, door. I of'/ the shop Jwas ' found open. 1 Investigation showed that nothing had been : taken.* ¦'- A committee composed of officers of the First California Volunteers, whoso object Is to create a fund for the pur pose of erecting a monument to the mem ory of Father McKlnhon. the late chap lain of the regiment, held a meeting last night at tho National Guard Armory, at Page and Gough streets. For some time the committee has been engaged In preliminary work in the cause and has met In every Instance with satis factory 'response. It has' been arranged to hold a grand" military and*naval review at Mechanics' Pavilion on January 28 next. 3 „ Colonel Thomas F. O'Neill, chairman of the committee having the affair in charge, read a mass of communications from almost every ¦ part of : the country, In which the writers expressed a desire to lend their aid In the furtherance oft the proposed fund. A letter from Rear Admiral ii Henry Glass, commandant . of tho' United State* naval training station, in which he of fered tho services of a company of his men, was read and the offer accepted. Other organizations, among them the Lcaguo of the Cross Cadets and the Co lumbia Park Boys' Club, volunteered to take. part In the review and the response has j been so general * that the success of the affair Is assured. " ;: Committee Arranges Monster Mili tary and Naval Review to Start Fund for Cause. PROPOSE A MEMORIAL TO FATHER McKINNON TOKIO, Japan, Dec. 6.— As cabled. Col onel Alfred E. Buck. Envoy Extraordin ary and Minister Plenipotentiary to Jap an, died suddenly of heart failure on the 4th inst., ; while attending a duck hunt while the. guest of the Emperor. These duck hunting parties are annual state af felrs. to which all the highest diplomatic and state officials are Invited. The scene Is at one of the imperial pre serves, where ponds have been specially baited to Insure a supply of the wild fowl. * These are driven by hunters, or beaters, toward deftly arranged nets which each guest has a part In manipu lating with results varying with luck and skill. On thia occasion the royal Shlnhama preserve near Toklo was selected for tha assemblage, which was composed of some of the notable officials and many ladles. Among those present on this particular occasion were Prince and Princess Kan in, the representatives of- England. Swlt« erland, the United States, Austria, Ger many, China, Korea, Mexico and their ladies, Viscount and Viscountess Tanaka, Ml&s Kogawa, Baron and Baroness San noir.iya and others. The party arrived at Shlnhama at 10:30 and at once proceeded to the netting of ducks. Colonel Buck was standing at the western side of No. 8 pond, a net in hand, waiting for a slg i;al, when he suddenly staggered and fell to the ground. He was at once conveyed to the rest house, where various means were tried to call him back to life. At about 10:50 o'clock a physician arrived from Gyotoku and attempted to restore consciousness by artificial respiration and stimulating Injections, but In vain. Later Surgeon Nagao of the Military Hospital at Konodai arrived on horseback, but his skillful treatment was unavailing also. At 2 o'clock in the afternoon the remains of the Minister were carried to the legation on a stretcher, followed by Mr. Ferguson, secretary of the legation; Viscount and Viscountess Tanaka. Baron and Baronejj Sannomiya and others.- Mrs. Buck -was not present at the duck hunting party, owing to an IndlspositApn. The wide sympathy shown by the Jap anese Government and the press speaks strongly for the high esteem in which tha dead diplomat was held. His Majesty the Emperor dispatched Chamberlain Hireno to the United States legation to convey the imperial condolences with regard to the demise of Colonel Buck. Her Majes ty the Empress also dispatched Lady Kitojlma to the legation for the uma purpose. A large number of members of the foreign corps diplomatique and' Jap anese officials also visited the*legatlon to express their condolences upon the death of the Minister. Several Japanese papers express r» grets at the sudden removal of Colonel Buck from the diplomatic circles of To klo. The Jijl says that the late Minister proved himself an able diplomatist of a most amiable disposition and that he was loved and esteemed b'y a large circle of friends. During his tenure of .office th« relations between Japan and the United States have become more cordial than be fore, largely through the efforts of Mr. Fuck. • J. -I .' i ; . * v \ . The remains of the Minister were em balmed and it has been announced that {he funeral services, which will be of an impressive character, will be held at Trinity Cathedral. Toklo. on next Mon day morning, the Sth inst. Afterward tha remains will be escorted by a Japanese guard of honor to the station en routa to Yokohama, where they will be met by citizens and, escorted by a corps of Jap anese marines, will proceed to the United State* Naval Hospital, where they will be deposited in the mortuary vault pend ing the arrival of the steamer Korea, on which they will be conveyed to San Fran cisco. The Korea Is scheduled to leave Yokohama on the 24th Inst. Mrs. Buck will accompany the remains to their last resting place, which, it la said, will b« at Washington, D. C. CAMEBA CLUB GIVES ITS CHRISTMAS FEAST The California Camera. Club gave Its* Christmas feast last night to a crowd of members and friends at the club rooms. Academy of Sciences building: .On Sun day the "camerarians" went In a body to Mount Tamalpats and gathered greenery Mith which to .decorate the dub. They also brought back with them' a 1 hugs, tree which was laden' last night with gifts for the members. r - A. Le Breton, attired as Santa" Clans, performed the office of dispenser of tha Christmas presents, 200 In all. There waa music and a supper and altogether tha company passed a merry time.' Charles/ Goe was the head of tho entertaloinff committee. The party did not break up until a late hour. *f ?'"•."; GIRL ATTEMPTS SUICIDE.— A- youag «irl who gave her nanw as Eater Smith, aad who has b«en living for th» last two weeks at 27J Geary street, endeavored to commit Bulald* last evening by taxing chloroform. Sh» was hurried to tho Central • Emergency Hospital and treated by Dr Boekowlu. MlM Smith took but a small quantity of the polaoa. *n4 • therefore her recovery ts assured. * j was killed in the collision. C. S. Crltes. who had an artery In his left wrist severed, is out of danger. Ht is ready to depart and says he will yet eat his Christmas dinner with his parents in BakersfiehS. ¦* ':',•-'* v Visitors crowded - the Southern Pacific Hospital yesterday, anxious to see tjie relatives and friends who were burned and maimed In the terrible railroad acci dent near Byron. In almost every in stance the physicians allowed the visitors to enter the^wards and give comfort to the Injured. Members of the press were barred, however, as the railroad com pany's doctors did not care to have their patients excited by describing the terrible scenes they had passed through. The Injured lay on beds of pain swathed In bandages.' Most of them were suffer ing from burns received from scalding steam. They moaned and cried out In ajjony, while the kind-hearted nursed were ever at hand, relieving them as much as was In their power. Drs. Coffey and- O'Connor of the hospital corps and Dr. Ellin wood of this city, with Dr. Bird of Byron Springs, ministered to the un fcrtunates. They worked many hours and relieved much suffering. Paul Mayer was a prominent figure around the hospital yesterday. Every one manifested deep sympathy for the man because of the terrible losses he has sus tained. One of his daughters was killed and his little boy died Sunday night from injuries he had received, while his wife Is seriously burned and another of jhla boys is In a precarious condition, yet de spite all this he displays remarkable for titude. S. A. Bishop, a representative of D. R. {sessions, claims agent of the Southern Pacific Company, was busily engaged at the hospital yesterday answering ques tions of relatives and friends. He ar ranged transportation for the injured and helped In other matters. Engineer McGuire was tenderly cared for by bis devoted wife. She came from Uukland at an early hour in the morning: and never left his bedside. A represents* live of Mr. Palmer of the railroad com pany attempted to Interview the stricken man. but the physicians would not per mit him to converse wlth^ their patient. They will not permit "any "one to talk 'to McOulre until he is in a- condition to do j»i. Dr. O'Connor does not consider Me- Gufre's condition - serious and has every hope for his ultimate recovery. The In jured'man. however.' Is highly nervous and veiy much worried over the accident. The patients are all doing nicely, and many of them will be' able to leave th; hospital for their homes In a few days. Lawrence. Hunter, a carpenter of Eu gene, Oregon, only suffered slight burns on the hands and will be able to leave the hospital to-day. • / Archie Keller, a book agent^ whose home lsf In Florence, Colo.. Is In no danger. Both his hands were, burned and he suf fers from the shock of the collision. Louis C. Mayer, who lives at 1042 Golden Gate avenue. Is not expected to live. The doctors are watching over the young man and fear he will not pass through the ordeal. Mayer was very badly burned and his sufferings have been terrible. If he survives he will lose the use of hls'hands. J. T. Donohoe, who lives on Lincoln street. Berkeley, Is doing nicely and will be able to leave the hospital to-day. He was burned by the scalding steam that poured out of the engine after the col lision. Eugene Lee. who was "on his -way to Lexington, Ky.. to be married, suffered a scalp wound and slight burns on the hands and face. He will recover, and hopes to start once, more on his journey before Christmas. .Mrs. T. Mayona and her husband are both badly Injured, but will recover. They keenly feel the loss of their child, who Roberta Mayer, aged 9, who lives at 1M2 Golden Gate avenue, was severely burned on the face and hands and Is like ly % recover, but she will bear the marks of her terrible burns all her life. If she does not die. Mrs. Emily Mayer, mother of the chil dren who were, burned. Is also being close ly watched by the doctors and nurses. Mrs. Mayer has suffered a severe shock to her nervous system and hex" chances of recovery are not the best". She la being treated for burns on face and hands and also for a scalp wound. Lew Ling, a Chinese, Is considered the grittiest patient ever brought into the hospital. Although he -sustained a frac ture of the leg. burns on the face and hand, a fracture of the • left ankle and numerous contusions, ne never shows a sign of his suffering. ' He accepts the' at tentions of the doctors and nurses with a smile and bears up under his sufferings like a stoic. MEN ABE OVERWORKED. "This forcing is not confined '-.to the equipment alone. .The men aro Just as "Every little while a complaint will come from, some station that they cannot get cars enough to handle the shipments from that point. But the scarcity o( cars is not nearly of the same danger or importance as the scarcity of engines. If there are no cars the shipment merely waits until it can be accommodated. But when engines begin to break down, boil ers to leak and wheels to run flat It means that the motive power of the road Is being pressed Into service long after It should have gone Into the machine shops for repairs. i "As a matter of fact, engines are run long after they ought to be undergoing repairs. The public does not hear of the number of breakdowns that take .place daily through defective machinery. There are hundreds of Incidents similar to the one that tied the Owl up at Byron 'the other night, but they are not hrard of un til a wreck comes. Then an : Investiga tion is at once begun to see whether it was the engineer, the fireman, the conduc tor or the brakeman who was responsible. "A trainman has no power over his train. He takes the engine and the cars assigned to him and he has to make his run whether the boiler leaks or there are flat wheels on the coaches! or hot.' It can hardly be traced to the division officials, for they are forced to handle the truffle that Is deposited upon their division. It Is simply the fact that the traffic 'Is so heavy that tho equipment is' being used until long after it should go into ¦ the shops Xo railroad man will tell these stories (or publication with his name, but there are a few who will tell what they assert to be the truth if they feel that It will not Jeopardize their position. This is the story told by one of the oldest railroad men" connected with the, western division: "A wreck Is always passed up to tha men who run the train and this case Is no exception to the rule. Everybody Is saying that the engine crew of the flyer ought to have stopped In time, or the train crew of the Owl ought , to have warnod the flyer earlier, but no one stops tc figure out why the Owl should have been sent out with an engine that would absolutely come to a stop from leakage in the boiler before her run was ended. People are saying that the engineer of the flyer ought to have seen the lights on the Owl or the light of the brakeman, or that the brakeman ought to have got farther down the track, as the trend of their argument may be, but they don't stop to ask why .the engine of the Owl should have broken down at all. "The Owl is the pet train of the South ern Pacific Company. It Is the fastest train that they run, and being the first fast limited train that they put on their line It has been the' pride of the road. To the Owl have been assigned the finest cars and the fastest engines, and the train or engine crew that got a run on the Owl felt that they were honored, for only picked men were used. The best en gines on the road were net to pull the Owl, and when an engine is hooked on to the train that breaks down before the run Is ended it means that the equipment of the Southern Pacific Company is be ing run Just as long as it will turn a wheel. i "This Is the fact. The traffic over the lines of the Southern Pacific Company Is so great at present that the motive power and car departments are strained to the utmost to furnish cars to carry the traffic and engines to haul the trains when they get them made up. CAN'T GET CABS ENOUGH. . WHAT EMPLOYES SAY. This is the matter that is being talked over by tha- railroad men of Wet Oak land. Tho men who make these runs, vho operate these engines and who han dle the trains, are saying: that the equip ment of the Southern Paclnc Company 1b being forced to the very limit Jn order to handle the traffic, and that had the or.gine.s of the Southern Pacific Company been In flret-class condition there would have been no breakdown of the Owl train at nyron and no disaster. They alao say that the men are being forced to Just aa grept a limit— that they arc run in and out v.ith Insufficient sleep, and that both the men and equipment are in a very bad condition. There is another phase of the question cf responsibility, however, and It strikes higher than brakemen, conductors or en gineers. It Is a question of why the Owl train was allowed to start on Its Import ant run with an engine that was almost sure to break down before a 700-mllc trlD was ended. the uninjured rear brakeman of the Owl was to blame for the disastrous wreck of Saturday night. Even now the railroad officials high In authority are securing statements from the employes who were operating the wrecked trains in an effort to show upon which train crew responsibility should rest. Several opinion?, semi-official nnd unofficial, have been expressed, and some say that Em- Kineer McGuire should have seen th» lights of the Owl train and stopped the flyer, while others argue that Conductor I'olan of the Owl did not send his rear brakeman back to flag the flyer soon enough, and still other* that Brakeman Cole did not go down the track the mo ment the Owl stopped, as the general railroad rules require. T/HERE has been much specula tion and investigation in an effort to determine whether the injured engineer of the Stockton flyer or Manager Agler Lays All on McGuire. Men Overworked and Engines Worn Out. MARTINEZ, Dec. 22.— Coroner Curjle Impaneled a jury this morning to hold an inquest on the remains of those who were brought to Martinez from the wreck at Byron. The remains of Charles Owens, age 50; Elizabeth Lillle Smith and Clar ence D. Olufs were shipped to Fresno this morning. Miss Mabel Vezey's re mains were sent to Modesto. The' funeral will be held at that place to-morrow at 2:20 p. m. The remains of Charles. Sis sons were shipped to Oakland. There are seven bodies still lying at the Morgue. All have been Identified with the excep tion of one Chinese woman and a Chi nese baby. The body of Miss Amelia Mayer will be shipped to San Francisco. The following named have 'been sworn In by the Coroner to act as jurors: A. E. Blum, F. E. Prosser, E. Morgan, C. C. 6 wain, J. Harding, F. Weir, A. MeMahon and A. J. Anderson. The inquest* will be held on Saturday next at 10 a. m. FRESNO. Dec. 22.— An Inquest was he'd In this city to-night on the bodies of D. J. Vernon and his son Walter, victims of tlic wreck at Byron Saturday night, both of whom died after b«;ing brought to this city. There was some question at first as to whether or not witnesses should be called to tell of the wreck, but it was finally decided to leave that to other In quests, where a full investigation will probably be made. The witnesses exam- Ired told principally of the injuries re ceU-ed by the two men. The Jury was divided for a time, part of the Jurors wishing to bring in a verdict holding the Southern Pacific responsible. The Judg ment of the remainder, however, pre vailed, the verdict Being simply that the deceased met their death In a railroad wreck. The body of Leonard 8. Erwin, who died on the way to the hospital, will be taken to Fresno for interment. .The funeral will be held from the Ses sions residence. 1HA Kighth street. . at 1 o'clock, and public services at 2 o'clock at the First Presbyterian Church. The members of Oakland Lodge of Elks have been notified ta assemble at 1:30 at the lodge hall on Broadway, near Twelfth street, to proceed to the church in a body. The interment will be in Mountain View Cemetery. Another fraternal organization which will to-morrow pay its tribute to a dead brother is the Woodmen of the World, who have taken charge of the funeral of William L. Tempi*. State organizer of the order, who died at the Southern Pa cific Hospital in San Francisco from In juries sustained in the wreck. The ser vices wili be held at Woodmen's Hall, Twelfth street, near Washington, at 2 o'clock. The Rev. E. R. Dille. pastor oi the first Methodist Church, will officiate. The interment will be in Mountain View Cemetery- The Royal Italian Band now in San Francisco will play the funeral music, their cervices having been offered because most of them are affiliated with the Woodmen of the World. ' Whether the inquest will proceed at the time set depends somewhat upon the ability of the Coroner to locate the wit nesses who will be necessary. Dr. Mehr mann has taken personal charge of the preliminary arrangements. He expects to start the official inquiry Into the case. but in view of McGulre'a condition and the probable absence of some of the rail road men whose evidence Is essential, the Coroner is in doubt whether the Investi gation can be finished for some time. Arrangements have been completed for the funeral of Charles A- Sessions, who v as killed at Byron. He was a popular member of the Oakland I*odge of Elk«, which has taken charge of the details. To relieve the family of as much unnec essary suffering as possible, a special committee from the lodge went to Mar tine* to-day and attended to the trans portation of the body to Oakland. The gentlemen who composed -the committee were George W. Reed. A. C. Hodges, Gforge W. Frick, J. Cal l Ewlng and Charles L. Ingler. OAKLAND, Dec. 22.— The jurisdiction of Coroner Mehrmann covers the case of Mi?s Alice Sullivan, whose remains were identified last night at the Morgue In this city by H. T. Brown, her employer, and Joseph Pickford of Fresno, her brother in-law. Miss Sullivan was frightfully scalded in the Fresno coach and died while en route on a relief train to the railroad hospital in San Francisco. Coro ner Mehrmann has set the date of the in quest for to-morrow night at 7 o'clock and a jury will be sworn over the body before it is sent to Fresno for interment. \V. K. Weichart. 143 Beale: W. E. Crist, 1ST Beale; C. W. Spauldlng, 512 Howard: C. L. Legal, 116 Mission; George. Bias dell. 151 Minna; G. S. Corkery, 1103 Bu chanan; \V. H. Qulnn Jr.. 237 First, and H. Sherwood. 13S Spear. The date of .the inquest has not yet been set. The two tin boxes containing Jewels val ued at about $2000. the property of Mrs. Tto Nlng, the Chinese woman who was killed In the Byron wreck, were recovered • yes terday afternoon. Just isefore her death Mrs. Tie Nlng stated that she had lost her jewelry during the accident, and that she felt sure some one had stolen themi This statement was accepted with In credulity by the railroad . officials, and steps were at onco taken to find the jew elry. 'Assistant Claims Attorney Bagger ly telephoned yesterday to the shops at Oakland for the car that Mrs. Tie Nlng was seated In at the .time of the wreck to be thoroughly searched. Those who were detailed to search the car were re warded with finding the two boxes In the car with the diamonds still In them— hot a Jewel missing. The Jewelry will be brought over to the claims department to day. It is supposed that Mra. Tie Nlng clung on to • the boxes as long as she could, but, becoming faint, she dropped them in ' the car in her attempts to ¦ es cape. Finds Jewel* in Wreck. M lt is too early to make any estimate at present. You see, we do not believe it is right to jump in too soon and attempt to settle the claims. .Those who are In jured are still very nervous and have not yet fully recovered from the fright. In many States the law fixes the liability of death by accident at a certain ilgurc, but If the heirs of a person killed aro willing to settle for a less amount that Is their privilege. In the majority of the States where the price is fixed for an ac cidental death the maximum Is $5000. In a few States the amount Is S10.000. "In California the amount is left to the discretion of a jury, which is usually governed by the rule that the heirs can only recover the loss in money which they can prove they have suffered by the death of their relative. For Instance, the heirs of a famous doctor, according to the laws of California, can recover a great deal more than the heirs of a man In humbler walks of life." The moment the officials of the claims department heard of the accident thoy hastened to the scene. Claims Agent Ses sions arranged at the Oakland mole the details of the second relief train. . It was his Intention to bring- all the Injured to the Oakland mole in one train and then have them transferred to the ferry-boat Transit. They would then have been taken across the bay and landed on this side at Fourteenth street without being removed from tho cars. Unfortunately the track at Oakland was not In condition for this plan, owing to a car having been backed off the rails. Kverybody was /busy at the offices of tho claims department of the Southern Pacific yesterday. So far the ofllcials of the department have not attempted to settle a single claim. Hundreds of tele grams were received yesterday from all over the country by anxious relatives and friends of those Injured and to the claims department falls the duty of attending to the proper disposition of the bodies of 'the dead. W|r«n a.sked what ho esti mated it would MOmt the company to.set tle all the clalraif for the accident' a prom inent official of <the road replied: CLAIMS DEPARTMENT • SPENDS BUST DAY These stories show the point of "view of tho railroad men upon the question of wrecks in general and thi3 one in partic ular. hard worked as the engines.' 'The men double out, frequently 1 without j sufficient sleep, and there is not. a train crew on the road that is not overworked. This causes carelessness, but it is a careless ness that should not be entirely laid at tho door of the men. Everything about the company l£ overworked from the highest officials to the* machinery -. on." the road. Traffic Is heavy, construction is heavy, material and equipment Is • hard to get, and everybody and everything is forced tolthe limit." In support of this statement of the man from West Oakland comes a «tory from Los Angeles from another source. An engineer, a relative of a State official, was making the run from Yuma or some point in that neighborhood to Los An geles. He had left hia starting, point with scarcely any sleep, but had been or dered to take the train back to Los An geles. J When he reached Pomona he dis covered to his horror that he had made a run of about six miles while asleep on his seat In the cab. He refused to take his train out of Pomona until h« was given a brakeman, fresh and thoroughly awake, to stand at his elbow and keep him awake until they reached Los An geles. Continued From Page 1, Column 7. Heavy Damage Suits Will Follow. Fortitude Wins Praise for Sufferers. % Petails Now Received of Hii . Sudden Demise' While Duck Hunting. . - Olufs, Clarence D., aged 22, student University of : r California^* Fresno. . Post, Richard, aged 22, student Affiliated Colleges, /¦¦'..' • Fowler, ,Cal. '¦ ( . •. .. \ '' . /.''¦'. Quong, Ah, ; Chinese girl, 800 Dupont street. Ben wick, , Kobert E. , aged 28, coatmaker, 48 Fourth .; ". 'street, ; San Francisco. . Sessions,'^Charles Aspinwall, . aged 58, Oakland. Sullivan, Miss Alice, aged 25, domestic, Oakland. 'Smith, Mrs. Elizabeth. Lilian, aged 38, wife of • George'F. Smith of Fresno. v>; ' • Suo, Lii, Chinese woman, San Francisco. William Li, aged 40, Oakland.. .. Vesey, 'Miss Mabel, aged 19, student University of '¦: '.,.. California, Fresno. Vernon, J>. J., Fresno. .V Vernon, Walter, son of D. J. Vernon, Fresno. Rival Coroners Prepare for Inquests. Friends Flock to Hospital for News, The Dead. Ei-win, Leonard E., aged 23, mattress weaver; Fresno. Elliott, Hiss Birdie, aged 22, 177 Powell street, San Francisco. . ' Eastman, F. S., aged 19, sailor; electrician on U. S. S. Pensacola. ' Howard, Miss Stella, aged 10, 902 Taylor street. JT Lung, Quong, . bookkeeper, aged 28 years, 800 Du- .. . pont street. '.0jjk Mayer, Miss Amelia, aged 18, ,1042 Golden Gate avenue, San Francisco. . . , O^fi Mayer, Carl, aged 7, 1042 Golden Gate avenue, 'Sau; Francisco. ...^- f ¦ N -v ¦:? Mayag-owa, T., Japanese girl, aged 4, San Francisco. Mayagowa, Hadru, aged 18 months, San Francisco. Ning. Mrs. Tie, aged 17, Chinese woman, 800 Du pont street, San . Francisco.' , " vT . , > Owens, Charles, race-horse owner, aged 55, FreshbK The hearing of the case against Com mander Ments has been postponed until next Friday, in order that Collector Cruzen. who is at present indisposed, may testify. The court will proceed with the hearing of the other cases to-morrow. Commander Ments was in command of the Laurel on her trip to St. Thomas. *rher«? from thirty to thirty-five cases of liquor were purchased. Some of these case^ were put off at Oulebra. but four teen cases were brought :o San Juan. _Of the latter six were marked "Robert Giles." while others were addressed to Captain Andrew Dunlap. commander of the naval station here. One of the wit nesses, the captain of a launch, testified that Captain Dunlap ordered him to go on board the Laurel and pet certain cases; that he did so and delivered them to Captain Dunlap. A customs inspector testified to havtng seized and opened the six cas*>s marked Robert Giles. SAK JUAK. Porto Rico. Dec. 22.-Robert Giles, a Government road contractor and mapager of- the Automobile Transporta tion .-Company, has bs-cn arrested In con nection ¦> with .the smuggling cases. He li.ish^en arraigned. . charged with smug- Eling anS pleaded not guilty. The pre liminary examination, before United Eutefe Commissioner Anderson, of Su pervisor . of Elections' Benjamin Butler. Commander G. _W. _ Men ts. in charge of the Country Club, and Robert Giles, charged with smuggling- two lots of wines and liquors from St. Thomas' on the United Stales steamer Uneas and ' the lighthouse tender Laurel, began here this afternoon. The case of Commander Ments was examined first, and several witnesses testified before court adjourned. Hearing of Commander Ments Already Commenced in i- - Porto Rico. EMPLOYES of the Southern Pacific, the men who handle the trains/say that the real cause of the fatal collision at Byron Satur day night was broken down engines, worn out cars arid the i overworked conditioh\of all train crews. The engine of the Owl Limited, it is declared, was notoriously unfit for service and almost sure to break down before the trip was ended. No other locomotive was to be had at the time, however, as the traffic on the Southern Pacific lines jjias increased so rapidly during the past year that the equipment is wholly insufficient to handle it. Even the engineers, upon whose safety depends so many lives, are forced to make extra runs without sleep or rest, because there are not enough of either men o$ engines to go around. Officials Charged With Violating Revenue Provisions. Particulars Regarding Minister Buck's Death. ARE TRIAL FOR SMUGGLING WORN OUT EQUIPMENT IS ASSIGNED AS REAL CAUSE OF THE DISASTER PLEASURE TRIP ENDS HIS UFE 1HE SAN iBAKqFCO CALL, TUESDAY, DECEMBER 23, 1902. To Cure a Cold in One Say. Take' Laxatlvn Brnnio 'Quinine Tablets. All druggists refund the. money. If It falls to euro. E./W. Grove's signature Is on each box. 26c. • GIFT TO NKW8B0YS— In lieu of a din ntr which -hn»l he«n offered to tho newsboys of the city- and twhlch they 'found thetasolves un able to attend. Charles Newman of tho Russ Hous» made a gift to the Newsboys': Union of. $60. • .' l+ >'¦¦¦¦¦'¦...'...,.,.. v <>''¦.¦.-: i ECZEMA, NO CUBE, WO PAY. Your druggist will refund your money If PAKO OINTMENT falls to cum Ringworm, Tetter, Old Ulcers and Sores. Pimples and Blackhead* on tho face, and all rkliV disease*. fiO cents..* FRESNO, Dec. 22^-Another death oc curred to-day an a result of the Owl dis aster, young Walter Vernon, whose fath er died last night, having expired In the sanitarium here this morning. • ¦ > Vernon Dies at Fresno. MODESTO. Dec. 22.— The body of Miss Mabel Vesey arrived here this afternoon from Martinez, where the young woman succumbed* to Injuries received ' In the wreck on Saturday night at Byron. A large crowd of sympathizers and friends of the deceased met the 1 re mains and escorted ' them to the home of the young woman's parents. Tho funeral will be held to-morrow afternoon. 2 \ COnPANY.jj. \ Jliiiiik Mason and Ellis sts. j ! • %0M { M^i Will Remove to j ( \ WMMwk W7 j \ 'styfflw&M *jJmt duller oirccL ][ • Abcut January 1st. J j 1 iiB HoIida y Goods ' I! | ffly at Special Prices!; • fliiiL PortabIe Lam Ps« Finest Glassware ! ! • IPirrrr&iSli The Weisbach Primer with each purchase <> 5 ' OPBM BVBN1VG6 UNTIL 10 O'CL~CK« < > NMMHMNINHNfNNNNINIftNfHtNMl \ Jim Damps' near neighbor, William Ross, , ' M .'.%:. was called 'III- Will, hp was so cross." ¦ " •' m % Jim Dumps invited him to tea • ' ¦ ' '¦'' m .. % And fed him " Force.'* He laughed with glee, m - % For "Force" was just the food for him. M \ "It fills the .Bill,"- said "Sunny Jim.'| #, % j. \Tbe Readj-to-Sem Cereal C2U^ jPE* \ brings health I^dL=£-- > J a T| HI 'HO/ ne°i S /hbo? an "^7^^^S!* {¦ Mff T Sweet, crisp flaKes '^\si££S> > \ l£&J-* •'^'jBjfc •* **••!*** ia*lU v ..¦."¦'"; ' -0 tt-W - * - M •- « U*t ' iere*" thn« thnet t day. - % • ,~ r : M ¦.'¦;. ** Ow people an eating' Force % Xht%% times » day. - % j&'&J ¦¦'.. ¦'¦¦ •¦;••¦'•¦;¦ • ¦ ;§fffi' ¦ ¦ ¦'¦¦.