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VOLUME XCV— NO. 5.
BUFFALO. N. Y., Dec. 4.— A wagon load of Chinese, who were being smuggled into", this country, was over turned to-day' and fell into the Eri* canal., Four of the - Chinamen wm drowned. FOUR CHINESE ARE DROWNED IN C A N AL CHICAGO. Dec. 4.— Dynamite in large quantities has been t found by Assistant Chief of . Police Schuet tier, hidden in the northwest* part of the city. The. discovery; was' followed by the ' immediate institution of a search for ' the' persons who secreted the ex plosive and who are said -to, be con nected with ' the carbarn . bandits, cap tured in*; the " swamps. 4 across the In diana State line. '. --¦¦ FIND DYNAMITE HIDDEN IN LARGE QUANTITIES PORTLAND* Or., Dec. 4-^According to the figures presented by the South ern Pacific, that company has located between 5000 and 10,000. persons in this State since last spring." The influx is occasioned by the homeseekers* rates offered, by the; transcontinental rail ways. The immigrants consist chiefly of well-to-do farmers from the Middle West, who havo- sold out. their Eastern homes, believing that the present prices -are, the highest they will reach, ¦'. and have . come West j in search of cheaper lands. Eastern Farmers Settle in Oregon. HOUSTON, Tex., Dec 4.— Startling forgeries were to-day discovered- in connection with the recent- transfers of 600 acres of the heart of the "Batscn prairie oil field, recently, opened and which is valued at millions. Shortly following the exposures James Hos kins was arrested and is held charged with forgery! The forgeries were made hyj interlining and erasures on deeds reciting original transfers. , • One of the deeds was dated in . 1837 and transferring the Fitzh Green sur vey. - Many recent sales have , been made in the Batson prairie and it now develops thaj: titles are likely" based on fraudulent transfers. . Excitement prevails among those who have' interests ; In the field and a legal probing has been vigorously instituted. The ; field was opened six . months ago" and. contains a. number. of gushers; and is rezarded as ; the richest • of ' Texas 'oil lands;' ; Sensational Forgeries Are Discovered in * Connection With Sale of ; * Property in Texas. FRAUDULENT WORK IN OIL LAND TRANSFERS NEW HAVEN, Conn., Dec. 4.—Coun sel for William J. Bryan/executor of the will of the late Philo S. Bennett, filed an appeal in the Superior Court to-day from the decision of Probate Judge Cleavelahd by which the. sealed letter giving $50,000 to ,' Mr. Bryan and his family was, excluded from probate. It will come up for a, hearing at the January term of the Superior Court, together with the appeal already filed by counsel for Mrs. Bennett, the widow. The latter appenl is from the decision of Judge Cleaveland admitting to pro bate the sectior.3 of the will naming Mr. Bryan as executor, and giving him funds in trust for college scholarships. BOTH SIDES APPEAL IN THE BENNETT CASE Bryan's Counsel Wants the Letter • Bequeathing. $50,000 Admitted to Probate. Consul General Feraud Is popular in business circles in San Francisco. His father, is a prominent merchant and the Consul has lived in this city for many years. \ He came to San Fran cisco when a boy and was educated here, in Rhode Island andMn Europe. "We expect to do a big business through the consulate," said- Consul Feraud, "as soon as the work oh the Panama Canal is started. The recog nition given to the new republic by the United States, Germany and France will surely be followed by rec ognition by other great powers and countries. "There never will be any more revo lutions in Panama. The people are now united for peace," progress, .and prosperity. • The building of the canal across the isthmus .will be of immense value ' to the country. . "I am delighted to my country in this city, where ' I have so many friends, and I am deeply grate ful to them for the.kindly 'expression of good will toward our republic." ¦ firm of Mattoon & Co. had the distinc tion of being the first to transact of ficial business with the new Consul of Panama. BALTIMORE,\Dec. 4.— Pinning con fidence in their belief that the prose cution has failed to make a prima facie case against former Postal Clerks Thomas W. McGregor and Columbus Upton, counsel for the defense in the trial for alleged conspiracy to defraud the Government by selling leather pouches at exorbitant prices, decided to-day to close the case without put ting a single witness on the stand to testify . for their clients. Papers wllK be i^ prepared to-morrow and exchanged by the counsel. ment on the prayers will- be offered Monday. The court will not sit on the case to-morrow. Attorneys for Postal Clerks Make Demonstration of Their Faith in Clients' Cause. \ * T McGBEGOR'S COUNSEL • > OFFERS NO EVIDENCE The Consul General " pointed with pride to ¦ the new flag of, the republic, which was * draped -with i an - A merican flag, on the wall facing his desk. "We are all united In[ Panama," he said, "and the new flag expresses our sentiment. The blue in the 'flag rep resents the Conservative party and the red for the Liberals. To these' colors we added the white, which is emble-, matical of ¦ peace. 'You see, our; flag Is draped, with the American, colors, and I hope that the. two flags will al ways be together." The first vessel to clear from San Francisco through the consulate of.the republic- of -Panama .was «the~<City of Sydney, of .the. Pacific Mail: Company, which sailed' for . Panama' and.' way, ports last' Saturday.' - The ; brokerage The local representative of the youngest of the family of Governments is installed in quarters at 204 Front street, in the neigh borhod where most of the consulates are located. •• ! Consul General Feraud. was engaged yesterday in the work of his office. He greeted all comers with marked cor diality and is sure to be popular in the consular corps in this city. "Yes,", replied the Consul General,. "I am pretty busy, and I look forward with pleasure to my duties. Secre tary Shaw of the Treasury Depart ment has notified the Collector of the Port of San Francisco of my appoint ment and my recognition by the Amer ican Government. This notification was telegraphed' here a few days ago. "My appointment by the Panama junta was also telegraphed to me, but I have not'yet recerved'my credentials, which will, arrive." by mail: These credentials are now on the way to the Panama . Minister' ¦ at '¦ Washington. When he receives them' he will notify the Secretary of- State and then that official will issue the exequatur to our Minister. Our representative In Wash ington will then forward- the creden tials-and exequatur to me by mall. I expect to receive .them within the next two weeks. <.¦¦ I shall then notify the va rious consular offices in San Francisco and invite them to call upon me. "General Reyes, representing the Colombian' Government, -is now in Washington* and ; I have every reason to believe that' everything will be set tled between him and the- American Government as to the recognition of the republic of Panama" by the .Colom bian Government." * Consul General Ramon Arias Feraud Jr., representing 1 the new republic of Panama, yesterday opened the con sulate of his country in this city and in a quiet way settled down to the rou tine of business. Ramon Arias Feraud Jr. Becomes Consul General. PAN AHA CONSULATE OPENS. " Minister 'Bea"upre at Bogota haa ad vised the. State 'Department that the Hay-Hcrran canal treaty was reject ed by the Colombian Senate on its mer its; that is to Bay -that the treaty itself in its text and spirit was regarded as objectionable. Mr. Be&v^.'e is confi dent that nothing in , the instructions be had received from Washington relative to the presentation of the treaty in'Bo gota in the slightest degree influenced the adverse action upon that conven tion of the Colombian Senate. The Minister's lad vices, continue to set out the fact that the Colombians still are hopeful of being able to nego tiate a new treaty with the. United States in * place of the failed Hay-Her ran treaty and." regretting the -adverse action of their. Senate, are willing to extend to ' the United States terms re uch , more : f avorabl e than '. those * con »lined' in that treaty. . Promises' have gone so . far. as to cdicate that the present • Congress, eight be dissolved and a new Congress COLON. Dec. 4. — Prefect Melendoz last nijjht held a reception of the citi zens of Colon at the prefecture, with the object of presenting to the junta (,l Panama the patriotic felicitations of the citizens of this city on the speedy signing of the canal treaty, "thereby insuring the stability and future wel fare of the republic" . ./'./£ A large number of natives and for eigner* were present, and the greatest enthusiasm prevailed. A torchlight procestion marched to the residence of United States Consul llalmros, the superintendent of the railway and the French ConBul, Bon Henry. There was a fireworks display throughout the night. The United States gunboat Bancroft arrived "here last night: WASHINGTON. Dec 4.— At the Cab inet meeting to-day it was arranged that the formal presentation to the President of General Reyes, as envoy extraordinary and minister plenipoten tiary on a Epecial mission from Co lombia to' the United" States, shall oc cur to-morrow. COLOMBIANS HOPEFUL. PANAMA, Dec. 4.— Wrapped in the f.ags of the United States and Panama, the canal treaty was to-day officially delivered into the hands of United States Consul' General Gudger. The transfer took place at the palace in the presence of the members of the junta, the Ministers of the republic, United States Vice Consul Hermann and other prominent persons. From i he palace the chest containing the treaty- was carried by two policemen to the Consulate General, where it will be kept until shipped to the United States. The Municipal Council of Panama and several otber municipalities have passed resolutions indorsing the ratifi cation of the treaty by the junta. It is expecled similar indorsements will eoon be given by the remaining munici palities of the republic. REJOICING AT COLON. chosen by order of , the President, and that the latter would see to it that the new Congress would " be favorable to any canal treaty that he might submit for its ratification. .. ; CHICAGO, Dec. 4.— One; of the car barn bandits, Peter Neidermeier, to day attempted to bribe Patrick Don nelly, one of the guards at the County Jail, to allow him to escape, promising him $25,000. Donnelly asked him where he would get the money, and received the answer/ "I'll get it all right." Chief of Police O'Neill to-day re ceived a contribution of $3000 from the Chicago City. Railway Company to aid the widows of the policemen who lost their lives In the pursuit of the bandits.' Young Neidermeier Promises a Guard S25,OOO if He Be Allowed to Escape. BANDIT OFFEBS BIG . MONEY FOB LIBERTY 1 STATE OF REBELLION. -After mentioning acts of lawlessness said to have been committed irf Cripple Creek, the proclamation concludes as follows: v "Whereas, I have, reason to believe that similar outrages may occur at any time, and believing the civil authorities of said county of Teller are utterly un able, unwilling and. are making no practical attempt .to preserve order and to protect life and property, "Now, therefore, I, James H. Pea body, Governor of. the State of Colo r rado, by virtue of the authority In me In support of his. action the Gov ernor cites the blowing up of abor tion of the Vindicator mine and other acts of lawlessness, and he declares that it is impossible to control the tur bulence of the camp by. ordinary peaceable methods. The proclamation does not state in so many words that martial law has been declared and that the writ of habeas corpus has been suspended, but officials at the State House say that both these things are intended. ,The military will now deal with all al leged offenders and try to punish them. DE^rVER, .Colo., . Dec. 4. — Gov ernor Peabody at noon to-day issued a proclamation declaring Cripple Creek under mautial law and suspend ing the writ of habeas corpus. He de clares that the gold camp is in a state of insurrection and rebellion, and that the civil authorities are powerless. WALSENBURG, Colo., Dec. 4.— John Mitchell, president of the United Mine Workers of America, arrived In Wal serjburg this afternoon and was greeted by about 1500 miners and citizens, who had stood out in the snow for over two hours awaiting the coming of the labor chief. Mitchell was escorted by the lo cal union officials to a stand, where hs addressed the miners. Mitchell depart ed for Denver at 2 o'clock this af ter^ noon. DENVER, Colo., Dec. 4.— John Mitch ell will be the guest at the Denver Chamber of Commerce to-morrow at noon. He will deliver a short address, touching not only on the coal strike situation in Colorado. but on the rela tions of the men and employers in gen eral. . President of United Mine Workers Will Be Guest of Denver Chamber of Commerce. ' . MITCHELL IS GREETED WITH ENTHUSIASM Governor Peabody bAses his decision to declare limited martial law on the decision of the Idaho Supreme Court, which declared that the act of the Governor of Idaho in putting Into force to a limited extent martial law in the Coeur d'Alene district was in thorough harmony with the constitution of that State. The constitutional provision re lating to suspension of thejvrit of ha beas corpus in this State is similar to that of the- Idaho constitution. Colonel Edward Verdeckberg. com mander of the military force in Cripple Creek, was with the Governor when ha dictated the proclamation. He left fur Cripple ' Creek this afternoon with a copy of the proclamation. Wholesale arrests of strikers sus pected of implication in the Vindicator explosion and other cases of violence will be made to-morrow. The "bull pen" will be enlarged so a3 to accom modate several hundred prisoners. As a result of Governor Peabody's proclamation, a state of rebellion ex ists in this (Teller) county. Military details were to-day put in charge of each town in the district. The Sher iff and the Mayors v of the various towns promptly notified the military authorities that they would work In harmony with them 1 In maintaining ordervSHfiH ARRESTS TO BE MADE. vested, do hereby proclaim and declare the said county of Teller, in the State of Colorado, to be in a state of insur rection and rebellion. "JAMES H. PEABODY, "Governor/* Dignitaries at Panama Witness the Transfer of the Document Insurrection Prevails at Cripple Creek and Soldiers Rule. RAMON ARIAS FERAUD JH- WHO HAS BEENV APPOINTED CON SUL, GENERAL IN THI6 CITY FOR, THE. NEW REPUBLIC OF PANAMA AND WHO OPENED AN OFFICE HERE YESTERDAY. STATE EXECUTIVE WHO HAS DIRECTED THAT SOLDIERY SHALL. ADMINISTER AFFAIRS IN THE CRIPPLE CREEK DI3TRICT BE CAUSE OF A CONDITION OF REBELLION AND LAWLESSNESS. SACRAMENTO, Dec. 4— The Inquest on the body of Amodeo Nicola, the Italian who shot himself at Mikon sta tion, just west of this city, last Sunday, developed the fact that he probably was a victim of the Brooklyn Mafia. Just before he fired the fatal* shot Nic ola handed a letter to Dr." Lewis, an other passenger, and the letter was turned over to Conductor Frank Rlck ert, .who Incorporated it in his report to the division superintendent at Oak land. A literal translation of the let ter, which was written in Italian, fol lows: _•"--: "All this that you do to me is unjust. I do not remember to have done wrong^ to anybody. You will give me the death penalty, but without me having com mitted any fault. I salute all of you of Brooklyn, and I declare yourselves of being men of great power, and that you are men of protecting women of ill fame and vagabonds. All that you have done to me I never deserved, but my blood will call vendetta upon you all AMODEO NICOLA." The verdict of the jury was that Nic ola came to his death by suicide. Italian Who Killed Himself Thought to Be Victim of Brooklyn Mafia. INQUEST IN SUICIDE CASE REVEALS STRANGE LETTER The Curritutcut' life-saving station reports the Moccasin in good condi tion without, any water" in her. From reports received, however, it is not thought any headway may be made toward a floating of the vessel without the aid of wreckers, as she is high ami dry ui)on the beach at%low water and directly in a nasty surf at high tide. The Adder is leaking and her ma chinery is badly damaged. Lieutenant English, commanding the Peoria, says the little boats towed very well. indee'J, until they were just off the Virginia capes. There the heavy seas running at that time proved too .much for the ropes of* the Adder, which was Rowing first, following the tug. They snapped short and two submarine vessels went adrift. The Peoria sought to catch them, but they drifted southward be fore the wind rapidly. There were only the broken bits on which to get a hold, so the tug could only run in between them and keep them from bumping to gether. The seas were running entirely* too high, the lieutenant said, for the mg to run alongside the boats, and it would have been suicidal to have low ered a boat. All the Peoria could do, therefore, was' to keep the boats apart. All Wednesday this continued and thtn the line between the boats snapped. It was then that Boatswain Deery, who comes from the Brooklyn, per formed his heroic act in. a last at tempt to save the boats. Great confusion was caused by the conflicting reports regarding the where abouts of the Peoria, Adder and Yank ton. The navy yard was without in formation whatever and the Weather Bureau reported the tug and the Adder going direct to Annapolis. In navnl circles thfse circumstances, together with the inability of life savers to enter the stranded vessel, caused some un easiness, especially over the condition of the Moccasin. ¦ NORFOLK, Va., Dec. 4.— The naval tug Peoria, towing the submarine tor pedo-boat Adder, has arrived at the navy yard here. The Adder was saved by the heroism of Boatswain Deery, who responded to a call for volunteers and swam 400 yards with a line to the Adder from the tug and pulled a haw ser after him. The Adder is leaking badly. The Peoria left to-night for Curriticut to aid the Yankton and Vix en in floating the Moccasin, which is now high and dry upon the beach. When the boatswain, Deery, respond ed to the call for a volunteer to swim to the Adder, a thirty-mile gale with mountainous seas was sweeping over the Peoria and breaking the drifting submarine boat beneath tons of water. Deery with a slender line fastened around his waist battled with wind and tide for 400 yards, finally reaching the Adder and gaining her deck. There he hauled a thick hawser aboard ; by means of the life line and made it fast. ¦At the time the Adder was. being t tossed about like a cork one minute and driven far. beneath" the surface "the next, reeling and wallowing in such. a manner as to make it almost impossible to retain a footing upon her scanty decking, but Deery held on until he. had finished his work. Then he went back to the tug hand-over-hand on the hawser. It was said at the navy yard to-day that Boatswain Deery would be com mended at once to the President for bravery. > . . - After Senator Hanna left the White House he was besieged by newspaper men who desired to learn the result of; the conference. ' He declined to make any statement, insisting that it was merely a friendly talk over matters of mutual interest and/ was of no public significance or importance. "I spent a 'very pleasant evening," he admitted finally. "That is about all there is to it. You can say, however, that all stories about wide differences between the President and myself are absurd. I have no statement to make." / Likewise it can be said no discussion took place concerning the changes of the Republican National Committee. President Roosevelt has expressed to Mr. Hanna his desire that he shall re tain the chairmanship. . The Senator has not announced his feelings regard ing the matter. It may be said that the state of Mn.Hanna's health is involved in the decision, and, indeed, will be the controlling factor in it. The conference took ¦$. _wide ' range. It dealt principaHjr-\vl'&'"pendin£ and prospective legislation before Congress, particularly .with' that relating to the isthmian canal and with the general present conditions. Before and since he became - chairman of the Inter oceanic Committee - of the Senate, Mr. Hanna has manifested deep interest In all questions relating to that water way. He took occasion to-night to discuss the present situation,, espe cially its diplomatic phases, very fully with the President. The agreement on the subject was absolute. Both, it can be said, are confident the position taken by the administration will be approved by the American people. \The contested confirmation of Gen eral Wood was not considered, though an incidental reference to it was made. It is known that the Presi dent and Senator Hanna differ on that subject, but each fully recognizes that the difference is honest and sincere, and it is believed by friends of both that it cannot possibly interrupt their relations. WASHINGTON, Dec." 4.— An import ant conference was held at the White. House to-night between the President and Senator Hanna. It occurred on the initiative of Senator Hanna and' to both participants the conference was per fectly satisfactory. Senator Hanna arrived at 9:30 and remained with the President until 11 o'clock. The conclusion was marked by* evidence of sincere frinedship on both sides. Neither the President nor Senator Hanna cared to discuss for publication the details. It was stated that the meeting had no difference in any per sonal respect from others that they have had in the past and which they will have in the "future. It was announced^ that reports re cently circulated that there had been or was likely to be unpleasant relations between. the President and the Senator amounted to an absurdity. The Presi dent himself wants it to be understood that he will not take occasion to dig nify any of them with attention. It may be said that the relations between the two -are cordial and appreciative friendship. --. - ; ¦ -.;-¦' "Even though I lose my eyesight I shall remain on the bench. You can state that I will not resign." Two years ago the sight of one eye became affected arid last Sunday the malady— paralysis of the optic nerve — attacked the jurist's other eye. Justice Brown received the terrible shock contained in the physician's an nouncement without any outward sign. He does not intend to retire from the bench and he will be the first blind Justice to sit on the supreme bench. He is 67 years old and will be eligible for retirement on full salary at 70. He said this evening: WASHINGTON, Dec. 4.— Justice Henry Billings Brown, Associate Jus tice of the United States Supreme Court, will become totally blind prob ably within the next seven days. That is the time his oculist to-day set that he might continue to look out upon the world. ' Special Dispatch to The Call. Member of the Supreme Bench Declares That He Will Not Resign. Isthmian Waterway the Theme of a Portion of the Discussion. Pursuers of Runaway Sub marine Craft Have a Thrilling Expedition. Perilous Swim With a Hawser in a . " Tempest. Oculist Says Darkness Will Come in a Week, Reports of Quarrel All Fail of Con firmation. Associate Justice Brown to Lose Sight. Important Confer ence at White House. Daring Boatswain Prevents Loss oi Adder. HIGH JURIST MUST SUFFER BLINDNESS HERO SAVES GOVERNMENT WAR VESSEL PRESIDENT AND HANNA PLAN POLICY TREATY FOR CANAL IS DELIVERED WITH SOLEMN CEREMONY COLORADO GOVERNOR DECLARES MARTIAL LAW AT THE MINES TBS TSSJLTSSSi Alcazar— "A Poor Relation." California— "At tn« Old Cross - Reads." Central — "Tn» Counterfeiters." Columbia— -"Way Oom East." Fischer's — "I. O. TJ. W . Grand — "Over Slarara Falli." Orpheum— Vaudeville. The Chutes— Vaudeville. Forecast mafia at Ban rraa=" clsco for thirty hours eadiajr mldfilfbt, December 6, 1903: San rrtc Cisco and Tictaity — Fair Saturday; light easterly wind. A. G. KcAOZS, District Forecaster. PRICE FIVE CENTS. SAN >RANCISCO, SATURDAY, DECEMBER 5, 1903. The San Francisco Call