The San Francisco call. [volume], March 30, 1904, Image 7

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

Image provided by: University of California, Riverside; Riverside, CA

                
Russia has 150 regiments of mounted
Cossacks.
As a result of the exchange of shots
between opposing Chinese in Baker
alley early yesterday morning Louie
Sing and Louie Lee of the four fami
lies and Louie Poy and Kum Chin of
the Louie family were booked at the
City Prison yesterday afternoon on ;«.
charge of assault to murder. The
warrants were sworn to Before Police
Judge Cabanisa by a member of each
of the rival factions, each claiming
that the other did the shooting. The
trouble was over a girl inmate of a
house on Baker alley.
Girl Leads to Shooting.
cf .Education it was ascertained yes
.vrday thai there has been a falling
eff- in the average daily attendance of
pupils in the public schools during
lan.moi'th as Compared vrith the pre
vious month. In January the attend
sr^re. was 39.345, while in February
it was 37.S31. a decrease of 1314.
The number of pupils enrolled in
•41 classes in February was 41.153;
•••vcrage daily attendance, 37,631. The
class attendance in high
s.' h on l« uj»s 29.9: commercial schools,
" f| : primary and grammar, 45.9: eve-n
ir.c-, C7.4. - The average attendance
per class for the whole department
T.as 40.2.
There are row three classes of deaf
and dumb pupils, the average daily
attendance "being 23 and the number
errolled 2S.'- •_;
I>urans ' February &7.S31 Scholars
Were Taught J>aily, as Against
". ."9.313. fn the Previous Month.
.. .From fitrares compiled by the Board
ATTK.VBANCE OF TCPILS
SHOWS A FALWNG OFF
Papers in the dead man's possession
show he was a member of Amity
Lodge Xo. 8. Knights of Pythias, at
Reno, Xev., and that Sister Anne de
Marie of the Convent of Our Lady of
the Sacred Heart in Oakland was bta
sister. His bank book shows a goodly
sum of money to hl3 credit in the Ne
vada Bank. He was a married man.
L. F. J. Wrinkle, a mining nun
from Thebe. Inyo County, was found
dead yesterday afternoon alongside his
bed on the floor of his room in the
Grand Hotel. He engaged a room in
that hotel on March 17. Death is be
lieved to have been due to natural
causes.
Body of L. Wrinkle Found Lying on
the Floor of Bedroom Several
Hours After Death.
MIXER OF IXYO DIES
SCDDEXL.Y IN" A HOTEL,
Mrs. Dunning, but the attempt was a t
failure.
Dr. W. G. Wilson followed to testify ;
that Mrs. W. W. Barnes, who, as Mrs. !
Price, was landlady in 1S98 of the Vic- 4
toria Hotel, was ill in bed and unable {
to answer a subpena. It may become 1
necessary to hold a session of the trial 1
at her bedside in order, to secure her |
testimony.
j Then came Kytka with his photo
graphic enlargements of writings, ad
mitted and contested, and the fun be
gan. In addition to the large screen j
was a smaller one bearing enlarge- |
ments of the note inclosed in the can- '
dy box, reading, "With love to your- j
self and baby, Mrs. C." and an admit- j
tedly genuine exemplar of Mrs. Bol- j
kin's handwriting with the words,
"Would that I could see you, my love." i
Knight fought exceedingly hard to
have these enlargements ruled out of
court and was unwilling that they be
put to the use of illustrating what the
handwriting expert wished to ex
plain.
MAKES FUTFLE PROTEST.
"There is no reason." he protested,
; "why this courtroom should be turned
into a photograph gallery for the pur
pose of illustrating something that is
not and never can be in evidence."
During the discussion over the ad*
missibility of the photographs Knight
referred to Byington as "Lady Bying-:
ton," but the District Attorney ignored
the taunt and thus avoided a spat.
Judge Cook finally ruled that the pho
tographs might*be used for illustration
and Kytka continued his testimony.
He said that he had made photo
graphic enlargements of all the writings
in the case and examined them micro
scopically. He identified the wrapper
on the box of candy as the one sub
mitted to him previous to the first
triel. All the other writings were
shown to him in turn and he rum
maged among the luggage he had
brought with him and found the cor
responding photographs and negatives.
In producing them he incurred Knight's
anger, who claimed^ that "by a simple
twist of the wrist" -the witness was
exposing the photographs to the jury.
The court said that was improper and
warned the witness.
Under questions from the District
Attorney, Kytka explained the en
largements on the screen of the fifty
six exemplars of defendant's hand
writing and the corresponding selec
tions from the disputed writings. His
testimony was full of technical ex
pressions. "Hooks," "loops," "termin
als," "character," "construction," "in
itial point," and various other phrases
flowed from him freely and , he traced
I the resemblances with his pointer.
More damaging to the defendant than
the expert's explanation was the view
the Jury had of the enlargements,
which showed to a" startling degree a
similarity between Mrs. Botkin's ad
mitted handwriting and the penman
ship of the note in the candy box and
the address on the wrapper.
When Kytka was asked to point out
the similarity of the handwriting on
the wrapper of the candy box and that
of the two anonymous letters he said it
was so evident that to explain it Would
be a waste of time and he passed the
two over to the jury.
CROSS-EXAMIN'ATION*.
Knight took the expert in hand for
cross-examination about 3 o'clock in
"Did you not call on Sam Short
ridge and offer your services in the
Dillard case and when they were re-
Another storm broke. Byington
objected and Knight said he would
prove the substitution by Oscar Tolle,
formerly clerk in Judge Cook's court.
Kytka was. shouting "He's crazy, crazy,
crazy," and showing in pantomime
with his hands what he thought about
the brain matter concealed under
Knight's scanty, gray hair. The Judge
warned him that he would fine him
for contempt if he made any similar
comments.
At one stage of the examination
Knight asked that Kytka be disquali
fied because he was evidently unfair.
Judge Cook dismissed the motion con
temptuously. Kytka was asked if he
ever solicited employment from attor
neys and if he was not willing to take
any side of a case provided he got a
fee.. He answered in the negative.
"As a matter of fact did you not
substitute for some of the genuine ex
hibits others of your own manufac
ture?"
"Xo. sir." yelled the witness.
THE STOHM BREAKS.
"Xo, sir." said Kytka, "I never
prosecute or persecute anybody."
The witness was asked if he had
ever secured some of the exhibits and
answered that he had by an order of
the court and with Knight's permis
sion*. «
not been hired by the police to prose
cute the case.
"Isn't it a fact that the jury ac
quitted him on twenty-nine counts on
which you testified that he committed
fc-rgery and only convicted him on one
charge, and with that you had nothing
to do?"
The witness started to explain, and
Knight demanded an answer, "yes" or
"no." Byington interposed with an ob
jection, and'judge Cook ruled that the
matter was not relevant.
"Were you an expert in the James
E. Davis case?" asked Knight.
"I was your expert," said the wit
ness.
"Were you right 'or wrong in that"
case?"
"I was right, and nobody knows it
better than you."
"I don't know anything of the kind,"
snapped Knight. "Were you a witness
in the Piper will contest and didn't
you pronounce the will a forgery?"
"I did. It was a rank forgery."
"And Chief Lees came to you with
the inkjgtill wet on the will?"
OBJECTION" INTERPOSED.
An objection was interposed, which
relieved the witness from answering
the question.
"You were a witness In the Becker
case, weren't you?" asked Knight.
"I was and he went across the bay
and broke rock."
. "Well, didn't you testify that he had
painted in the body of the check with
a brush?" ; •
Again Byington interposed an objec
tion, and then the storm broke.
"I want to show," roared Knight,
"that this man is unqualified as an
expert. Why, everybody knows that
in the Becker case he made a monkey
of himself and was the laughing stock
of the community."
''On the contrary,"' shouted Assistant
District Attorney Ferral, "Becker con
fessed that he did paint in the body of
the check."
Kytka was talking at the same time,
and Judge Cook, red ] and angry. - was
endeavoring to get a hearing. Finally
he succeeded.
"Mr. Knight," he . said, "this thing
has gone far enough. If you make any
more, of these kind of remarks I'll send
you to jail."
During the hush succeeding this dec
laration Knight arose to his feet and
asked. on what grounds he had' been
threatened with imprisonment.
"Because the remarks you make are
entirely improper," - said the Judge.
"Then why allow the District Attor
ney to : make them?"
"He is at- fault also, and I'll send
you both to jail on a repetition of the
offense.". .
Knight asked-the witness if - he had
the afternoon and the audience was
given three-quarters of an hour res
pite from the ennui into which the
dry routine of testimony had plunged
it. Knight"-began-suavely-by inquir
ing how Kytka went about his. Work
when a specimen of handwriting was
submitted to him to be examined as
to genuineness. The witness explain
ed that he picked out all the points
in the case, weighed them one against
another and then came to a conclusion.
"In all the examinations you made
of these writings in this case." asked
Knight, "did you find a single point
in favor of Mrs. Botkin?"
"At first I did," was the answer. "I
found ten or fifteen, but on examining
the writing further I discovered that
these points were the result of an
attempt at disguising her handwriting
and that the genuineness of it was un
doubted."
"Were you an expert in the Dillard
case?C
"I was, and he was convicted."
"On your testimony?"
"Yes."
HANDWRITING EXPKttT KYTKA AND SOME OF HIS ENLARGEMENTS OF ADMITTEDLY GENUINE WRITING BY MR?. I
EOTKIN AS COMPARED WITH OTHER CHAPAfTERS IN THE DISPUTED DOCUMENTS. THE LINE "B" IS THU I
ADMITTED WRITING AND "X' IS THE DISPUTED WRITING. '
¦Lot t;2xl22. witb a threc-siery residence, at
2417 Howard street, east line. 101:9*i feet
south of Twentieth street. $11,300: lot and
house at 1312 Pine street. w«t of Hyde. $5C00:
lot and two-story frame building at S22 Turk
street, east of Goush. the lot being 38:9x
137:6 feet, for S12.30O: Nos. 3114. 311* and
3118 Fitlmcre etreet. east line, 53 feet south
of Greenwich. lot S2:CxS2:'i, and Improve
ments, for *.'5"5O: No. 2t>>7 Pine street, lot
22:taS7:»5. and two-story house. $0300: four
low on the west line of Forty-seventh avenue.
ICO south of K street, for $4C0 each for three
and $420 for nne.
This property, with other parcels,
was purchased forty-five years ago by
the two Joseph brothers, and after
the Fraser River excitement the broth
ers retired to England and have never
visited San Francisco since. One of
the members of A. J. Rich &
Co. visited England last year and
succeeded in inducing them to
part with one of their hold
ings for .eighty odd thousand dol
lars, purchasing the same for Simon
Clayburgh. It is a small piece 20
feet by 100 feet, on the south side of
Geary street and adjoining the build
ing now ocjeupied by S. & G. Gump. It
was at that meeting in England that
these negotiations were started for the
Kearny-street holding. The same firm
only a few months ago were the agents
wben the Stolle brothers, who like
wise held their Kearny-street holding
for thirty-five years, sold their forty
six feet by eighty to Frank Maskey
for $250,000.
Easton. Eldridge & Co.. at their
regular auction, which was held yes
terday, sold city properties as follows:
The Kearny-street interests will be
served by one of the most substantial
improvements "yet erected on that
street, amounting to the sum of
$700,000. The firm of A.' J. Rich &
Co. have been negotiating for two
years and have finally succeeded in
securing from the Joseph brothers of
London. England, their holding on the
east line of Kearny street, just adjoin
ing the Chronicle building, to the
north. This has a frontago of 66
feet by almost a uniform depth of
75 feet. The purchase was made for
a corporation, a client of the Union
Trust Company of San Francisco, and
its intention is to erect a twelve-story
steel and stone structure, plans of
which are being prepared. The build
ing will cost about $350,000. will be
fireproof, and will follow very much
in the lines of the Exchange Court
building, plans of which were brought
back by one of the firm on his recent
visit to Xew York.
Joseph Brothers Part With Kearnjr-
Strcet Holdings They Have Pos
sessed for Many Y'ears.
LARGE DEAL. EFFECTED
FOR CENTRAL PROPERTY
During Kytka's direct and cross
examination Mrs. Botkin was worked
up to a highly nervo.us state and fre
quently her emotion found vent in
rapid speech with her attorneys. She
watched the elaborate tracings of the
expert anxiously as he pointed out the
similarity between her own writing
and that of the disputed instruments
and was evidently relieved when his
examination was concluded.
Daniel T. Ames, another handwrit
ing expert, was the last witness of the
day. His testimony was practically a
repetition of Kytka's. delivered in a
less interesting fashion and without
the exciting features of the proceeding
witness. He will be cross-examined
this morning.
jected sell yourself to the other side?"
".\o, sir; that's a lie," protested the
witness.
"Even If Shortridge says it so?"
"I don't care who says it's so; it's
a lie."
Dunning testified that. Mrs. Corbally
came to live with himself and wife on
California street at his wife's invita
tion and that the two women were
close friends. Knight tried to draw the
inference that Mrs. Corbally's interest
in Dunning might have prompted her
to send the box of poisoned candy to
"Never," said Dunning.
After Hosmer had finished Attorney
Knight startled everybody by calling
for John P. Dunning, whom he wished
to examine further. Dunning appeared
in court in his usual nonchalant man
ner and was questioned closely in re
gard to his relations to Mrs. Corbally,
from whom he had testified he bor
rowed $SGO at one time. He said he had
often accompanied her to the Palace
baths and had drunk with her in cafes.
Knight wanted to know what kind of a
bathing suit Mrs. Corbally wore and
whether the swims were taken In day
time or at night. It developed that the
bathing suit was of the regulation
style and that swims -were indulged in
both day and night. Dunning admitted
that he sometimes paid Corbally's life
insurance premium, generally with
money given him by, Mrs. Corbally. "
"Did you ever pay it with money
given you by Mrs. Botkin?" asked
Knight ~ \
John A. Hosmer, who, in' 1898, was
Assistant District Attorney and took a
leading part in the conduct of the first
Botkin trial, was the first witness
called. He was asked in regard to the
so-called "Budd" and "Price" letters
and some signatures on money orders
cashed by Mrs. Botkin, and he testified
that at the first hearing of the case
Attorney Knight, on behalf of his cli
ent, had admitted these to be in her
handwriting.
Attorney McGowan bitterly fought
the admission of this .testimony, main
taining that no admission of Knight's
prejudiciaUto the interests f of the de
fendant could be used against her.
Judge Cook took an opposite view and
on the testimony of Hosnaer admitted
the writings in evidence as exemplars
of -defendant's handwriting. The
"Budd" letter is one written to Gov
ernor Budd by Mrs. Botkin asking for
assignment as a nurse with the troops
going to the Philippines, and the
"Price" • letter is one written from
Healdsburg by the defendant to" the
landlady of the Victoria Hotel in this
city.
KXIGHT STARTLES CROWD.
Kytka's cross-examination was one of
the diverting features of the trial. Dur
ing it there were frequent passages
between the witness and Attorney
Knight, and when these reached a cli
max and Assistant District Attorney
Ferral attempted to sit in the game.
Judge Cook lost his temper altogether
and threatened to send both attorneys
to jail and to impose a fine for con
tempt on the" witness. This threat
brought quiet for a little while, but the
trouble broke out in spots all during
the cross-examination of the hand
writing expert.
"The usual demand for admittance to
the proceedings kept four policemen
busy regulating the crowd and pre
venting the courtroom from becoming
insufferably crowded. During the after
noon session one woman fainted and
was carried out by a policeman. She
was revived in the corridor with some
difficulty and went home. She gave her
name as Mrs. Evans and her address as
408 Stockton street. •
To illustrate the ground upon which
he based his opinion, Kytka had taken
fifty-six exemplars of admittedly genu
ine Botkin chirography and enlarged
them photographically. Beneath these
he placed similar letters or words from
the disputed writings and exhibited
them on a screen about fourteen feet
tall and six feet wide. With a broken
horsev.hip for a pointer he showed the
jury the similitude between the ex
emplars and the disputed writing in
the formation of the letters, the
spacing, divisions between certain let
ters and other characteristic marks
that gave him the basis for his opinion.
The enlarged photographs were al
lowed for the purpose of illustration
only, after a vigorous objection by At
torney Knight on behalf of the defense,
and Judge Cook cautioned the jury that
they were not to be .i^garded as evi
dence in anv way.
DIVERTING FEATURE.
In connection with other circum
stantial evidence that connects the de
fendant with the crime are the address
on the wrapper of the box of bonbons,
a note contained in it and two anony
mous letters written to Mrs. Dunning
telling her of the relations existing be
tween her husband and Mrs.« Botkin.
Exemplars of Mrs. Botkin's hand
writing which are admitted to be genu
ine have been introduced in evidence
and Theodore Kytka, the handwriting
expert, has made an exhaustive analy
sis and comparison of the various
specimens of handwriting. He was on
the stand yesterday and gave it as his
unqualified opinion that the hand that
penned the address of Mrs. John P.
Dunning on the wrapper of the bcx of
candy, that wrote the note contained
in the box and that indited the two
anonymous letters was the same that
wrote the '"Budd" and "Price" letters,
so called, which are admittedly the
genuine handwriting of Mrs. Cordelia
Botkin.
The biggest gun of the prosecution
was fired yesterday in the retrial of
Mrs. Cordelia Botkin for the murder of
Mrs. John P. Dunning in August, 1S9S.
Mrs. Dunning and her sister, Mrs.
Joshua D. Deane. died from the effects
of eating poisoned candy, which was
sent to the former at Dover, Delaware,
from this city, and Mrs. Botkin was
accused of having sent the candy for
the purpose of ridding Dunning of his
wife.
Th.* trial of Lieutenant Frederick B.
N»ii5rn. who Is accused of ; duplicating
his fay account*, was resumed before
the court-martial at the Presidio yes
t<-r3ay afternoon at. 2 o'clock.. The time
v «.« devoted entirely to listening to
*.»5tLrT:eny introduced to show that the
«>fendant had always borne the repu
tation cf being- cf upright character
and that his relatives were people of
high and honorable standing in the
• <-rnii:unity in -which they lived and
were 'at the same time in affluant cir
cumstances. A strong fight is .being
made bjr his attorneys, David Lewi?
and H. C. Pillsbury, to retain for him
his henor and position in the army.
From the testimony offered it would
appear that the defense Intends to show
:Ji*t in- the alleged issuance of the
du£&ca*te pay account. by the defendant
there was no criminal act intended;
tiiat s .t w>is the accident of negligence
• •n;h"is part, and that no attempt was
• y.ad" to"d«»fraud the Government.
< *oion>l Xi T . E. Birkhimer testified that
ih£ had served under him
in tne Philippines in th'e Twenty-eighth
r Volunteers, and he had found him an
/•fficjent. courageous and valiant offi
< er; in fact, hr> thought so much of
html that he had assisted to get him
a commission in the" regular army. He
Stated that while Neiison was Collector
/•f.thf> Pnrt at Taal he conducted that
.rr7W>»-Tvith entire satisfaction.
"Tiintvas Robins, *a wealthy merchant
.cf Philadelphia who happens to be
: h*re "at this time. testifiM' as follows:
I tiM.vJL kr.own the accused and his
funrfly all 'rry life. They are people
• : prominence in Philadelphia. They
arc in af9uant circumstances. His two
bn.-thers. \V. a*hd R. Neilson, are much
older than the lieutenant and have al
vays acted toward him fn the most
kin^.y and fatherly fashion. If he re
<;u J r«»d assistance from them he hid
only to ask for it. and it would be
granted."
Lieutenants Leigh Sypher and S. A.
' Price both testified that they had
prrved with th«» defendant in the Phil
ippines, and both swore that in 'ail their
dealings with him he had been an ex-
Trplary officer. *
Court adjourned at 5 o'clock to con
vene again to-day at l;30 p. m., when
further testimony of' a similar char
acter -will be introduced in the defend
ant's behai"f.
The answer denies that the contract
mentioned gave or pretended to "give
an exclusive right to supply water to
the people of Santa Rosa, and that the
city had no power or authority to make
a contract cenf erring an exclusive priv
ilege. It is averred further that the
complainant violated its contract by
furnishing ' # fetid. disgusting and un
wholesome water," and that the water
had been condemned by the Board of
Health in 1S91 as '"a serious menace to
the lives of the people."
It is recited also that the complain
ant violated its contract by refusing
to- supply water for fire purposes free
of charge to the city. It Is then set
tip that the whole matter In contro
versy was decided in favor of the city
by the Superior Court of Sonoma Coun
ty on May 4, 1S97, and hence the stat
ute of limitations hns run against the
corporation.
United States Circuit Judge Morrow
yesterday tock under advisement the
suit of the Santa RoSa Water Works
against the city of Santa Rosa. The
complaint was filed on November 1. 1S39,
and it asked that the city be perpet
ually enjoined from operating a munic
ipal system of water works.
The complaint recites that cm Febru
ary *. 1874, the complainant entered
into a contract with the city of Santa
Rosa to supply the Inhabitants with
water for the period of fifty years;
that in pursuance of such contract the
complainant put a system of works in
operation and expended $175,000 there
upon.
It is averred that en April 4, 1S93,
Mayor E. P. Woodward approved an
ordinance authorizing the city to con
struct a rival system of water works
and that the system was inaugurated
later and the inhabitants of Santa Ro?a
were supplied by the city with water
free of all cost to them. The com
plainant avers that by this action of
the municipality the value of complain
ant's property has been greatly dimin
ished and its ability to borrow money
destroyed. It is contended that the
city by becoming a competitor in the
water field has violated its contract
with the complainant, and that the
complainant should not be taxed on
its property fer the purpose of support
in? the rival water works.
Says. Mrs. Botkin
Addressed Box
of Candy.
Officers of Hi<rh Standing
Swpar to Previous Good
Imputation of Defendant
Corporation Holds That
Franchise Is Exclusive for
Term of Fifty Years
MAKES STRONG FIGHT
dudgeCookWarns
Attorneys to
Behave.
OBJECTS TO OPPOSITION
Points Out Simi
larity Between
Exemplars.
Kytka Testifies as
an Expert in the
Matter.
Lieutenant Xeilson Claims
He Had >~o Intention of
Cheating the Government
Judge Morrow AVill Decide
Whether That City May
Conduct a Rival System
NO CRIMINAL
ACT INTENDED
WATER CONTEST
IN SANTA ROSA
PROSECUTION IN THE BOTKIN TRIAL INTRODUCES
EVIDENCE BEARING ON DEFENDANT'S HANDWRITING
THE SAN FRANCISCO CALL', WEDNESDAY. MARCH 30. 1904.
7
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Th!« is one way — the right way.
Neglect a littl* while and you will
then notice Fluttering, Palpitation. Diz-
ziness, Faint!njrSp*ns. Pain in region of
heart, side and shoulders. Stomach and
kidney troubles. This Is serious.
It is th* other way — the wrong way.
Dr. Miles' Heart Cure
Is a 6a fe, sure remedy, and i» curing
H^art disease right along, as -thousands
will testify.
**I had enlargement of the heart. The
doctors said I could live but a short time.
I took Dr. Miles* New Heart Cure, which
restored me to perfect health." — A. M.
BASSETT. V.'cllington. Ohio.
Money back if flrst bottle fails to ben-
efit.
#% fins #% Ammunition. Hnntlnc and
RSI 11 I W" Sportier Goods. Larg*«t
Ml | i\H rtoek. Lowest I rice*. Send
II i P BlHV I iCT catalogue-
UyEu %J EHREVE &. BARBER CO..
W ¦ ¦ Ta> Mark*t «t. and C21
Ke&rojr st.
|ASTHMANOLA|
Is tie osly ear* for xrerross and
Bronchial ASTHMA. •
Your Dnyr»iet or at 1.93 HAiCiHT ST..
Ean Francisco. Cat \
Weak Men and Women
SHOIXD USE EAMIAXA BITTERS. THE j
Great Uexlcan Remedy; gives health and
•tn r.£th to texus.1 organs. Depot. 223 Market.
DIRECTORY
VCF RESPONSIBLE HOUSES.
l&i&loffue &nd Price Lisu HaUal
, . . on Application.
: . , ¦• FSESE ASS SALT MEATS.
' IA^ RflYF^ & ffl' SWPP** 5 * Butchers. 108
JA3. PUIEJ g WU. Clay. Tel. M»n 1»4
OILS. ~~~
LUBRICATING OILS; LEONARD & ELLIS.
«K Froat st.. g. r. Phone Mala 1719.
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EC HTlfiffF^ PRINTER.