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FLUSHED WITH VICTORY OYAMA'S TROOPS PURSUE SLAVS FROM THE BATTLEFIELD DISCOBD develops into warm hostilities and the members who prevented indictment or accusa tion want to have the inquisitorial body disbanded, alleging that there is too much political conniving on foot. THREATEN TO TAKE STEPS FOR JURY'S DISMISSAL Grand Jury Asks That Election Commissioners Be Prosecuted UEADQUARTERS OF THE JAPANESE LEFT ARMY (in the field), Wednesday, Oct. 12.— The- victory of the Japanese Left army to-day was decisive. The Rus sians fought bravely and several times attempted counter attacks. The Japanese, .repulsed them every time and continued their steady advance. The left wing of the Left army threatened to envelop the Russian right, compelling the Russians to retreat, The Japanese artillery, including the batteries captured from the Russians* did their usual splendid work in shelling the trenches and the retreating Russians. >T^HE majority tries to make the best of the situa- JL tion by a resolution requesting that the presid ing Judge instruct the District Attorney to take steps to oust the board from office. RETURN INDICTMENT AGAINST JOSEPH REBSTOCK 'T^HBEE jurors refuse to go into court to present A the bill until Judge Sloss sends a bailiff to bring them in. their attendance being necessary to make a quorum. Continued on Paje 2, Column -i Death . Summons a Pioneer - Preacher. j SANTA* ROSA.; Oct. 13.— Rev.': David Overton,*: a (pioneer, preacher; died •; to day i : at his home at . Camp ; Meeker. 1 He was 70 ¦ years 'of "age. . Continued on Page 4, . Column 2. WASHINGTON. ; Oct. 1 1 3.— Mabel L. Hlckrnan has been : appointed j' postmas ter" at; Gleridale; ¦ .Cal./; Irving • D. r ? Madle pestmaster \ at ' Foster," ; John ; Fisher^ at Kellogg: and* Richard * Wild at Wren, Ore.."' .,-. .,.,;;- ..-¦ - •. \,-.; . r .". '¦••..-,..;:• ';,' , : ..Changes in* Postal " Service. JAPANESE HOLD A HILL. ST. PETERSBURG, Oct. 13.—Gen eral Sakharoff. In a dispatch to the ,TOKIO, Oct. 13.— A dispatch from Pe king states that .Dalai Lama, .who : fled from • Lassa upon the approach of : the British expedition under. Colonel Young husband and General Macdonald,- Is tin der Russian j 'protection," and that \ the only.'- Tibetan slgnature^tbr the '/Anglo- Tibetan convention Is : that of the Vice Lama, . ' .. /:f-v" 'Y Head Priest \Vho Fled ' Before Eng lish Expedition Said to Be Under , Russian : Protection. DALAI LAMA'S SIGNATURE NOT ON TIBETAN TREATY ST. , LOUIS, Oct. 13.— In a "public speechidelivered; before the American Street ; Railway Association I President Francis ' declared to-d'ay that . the ,W6rld's Fair, has lost at least $1,000, 000 j through -being 'compelled to close Sundays.' . ....¦'.'.¦'- ' vV . -^- «*'^?' Sunday - Closing Causes Loss. TOPEKA, Oct. 13.— Tourist travel to California Is exceptionally heavy this week.' For .'several' weeks' a rate ot $25 has been in' effect. W. J. Black, general passenger agent of the Santa Fev states that since; the ' first of this month' the: Santa Fe has had sixty-six extra tourist sleepers to' handle tour ist excursion business! - This has' been In addition to the regular - California trains. . ' , \ , HEAVY TOURIST TRAVEL TO. THE GOLDEN . STATE KINGSTOWN, Island of St. Vincent. Oct. 12.— Police investigation Into the matter of the murder of a^llttle white boy, whose heart and dismembered hands were found in the house of an obiman (negro sorcerer) in the island of St. Lucia, has resulted in" the arrest of a- seemingly intelligent negro* butcher and a disclosure of barbarous supersti tion .and diabolism that survives to a startling extent in the West Indies, the heritage of a savage ancestry. The child it appears was the victim of the desire of, the man now in cus tody, and. who had been concerned In some litigation, to "work a spell" upon the Judge of the Supreme Court who was to try the case. , To' this end, at the direction of the obiman whom he r con sulted, the negro decoyed thechild to the house of ; the obiman, on' a deserted estate in the 'extreme northern part of St. Lucia, and there the child was mur dered and his corpse dismembered. '. Murdered by West Indian Negro, Who Desired' to Work Spell on a Judge. WHITE CHILD IS VICTIM OF BARBAROUS SUPERSTITION BOSTON, Oct. 13.— Thomas Bailey Alldrich's scriptural drama in : four acts, "Judith of Betulia," as present ed by Nance O'Neil and company, ' is drawing crowded "houses. * The pro duction moves _ smoothly and is re ceived with every- mark of favor and last night' the star was recalled ten times at the f end of the third act. • The production is finely staged and costumed and is 1 announced for the remainder ; of the week in"? this' city, after which it will not be again seen until Miss O'Neil's New York engage ment. Alldrich's Scriptural Drama, With Xance O'Neil In Star Role, Scores: a Hit. BOSTOX KINDLY GREETS "JUDITH OF BETDLIA" ture. ¦....'¦' "" "I am not surprised," said . Dr. .Wiley to-day, "at the revelations recently made in New. York : concerning the ; ott dinary whisky of j commerce. I have tried, to convey ., a warning in times past and .. the situation as developed simply r gives a practical illustration of the necessity of this warning. .The Bureau of Chemistry has already, en tered;, upon : an - analysis of domestic whiskies to ascertain the, difference be tween the pure and the adulterated, and i particularly to find out • the ingredients of -the' latter. I have ordered '•{ 150 samples of .whisky now in bond' from the : Internal Revenue Bureau ; of ~ r the Government. - From, '.what : • we i have ~h~eaxd ; from ; dealers in whisky I ; am led to believe; that 85 per; cent:of'the:or dinarywhisky of commerce is adulter ated." ;.- v ',* ;¦ CALL BUREAU, HOTEL BARTON, WASHINGTON. Oct. 13.— Following close on the whisky fatalities of New York and the subsequent revelations there. Dr. C. W. Wiley, chief of the Government Bureau of Chemistry, sounded a note of -warning to-day.. In an interview he expressed the opinion that fully 85 per cent of all the whisky sold In this country in hotels, restau rants, , clubs and bars . was nothing less than cheap imitation. While this may not ! be fatally poisonous, very much of it is dangerous to the human system even when j taken moderately . and - it is all a fraud on the public. . . The Government, through the< Bu reau of Chemistry, has already begun an investigation. For the remedy . Dr. Wiley suggests better laws, regulating the sale of strong drink, the most Im portant of which- shall be a statute compelling real and spurious articles to be labeled as such. "The passage of the pure food bill now pending In Con gress, he says, will aid any laws the States may now have or in the fu- Special Dispatch to The CalL 11 from the headquarters of General Bilderiinc, whose corps occupies the Russian center, describe the bloody and desperate character of the fight along the railroad north of Yental station, where on Monday the Russians repeat edly charged the Japanese trenches at the point of the bayonet, the fight con tinuing into the night. The Japanese reserved their fire until the Russians, at the double, were almost upon them. An instance is given of a regiment get ting within a few yards of the Japanese trenches, but recoiling before the mur derous volleys of the Japanese, then coming on again with reinforcements literally under a shower of shrapnel and finally succeeding < In driving out the Japanese. But the Japanese artil lery fire was so withering that the Rus sians were unable to remain in the trenches. That' night ' the Japanese artillery bombarded. the Russian center, prepar ing the way for a general counter-at tack, which Field Marshal Oyama or dered for Tuesday. The Japanese of fensive extended to their extreme left. General Oka's army being for the first time engaged. At nightfall on Tuesday the Japanese had forced back the Rus sian right, but the center held fast, al though a few positions had fallen into the hands of the Japanese. The latest newspaper reports ' say Generals Rennenkampff and Kashtalln sky .encircled the Japanese right, crossed. the Taitse River and came out on the Fengwangcheng road, the Japa nese retiring before them.. The news from these mixed columns Is three days old. A special dispatch to a newspaper, dated late last night, says the battle continued desperately along the whole front,,, the' most .severe fighting being transferred to the eastern front. Another newspaper dispatch, dated from Harbin to-day, says the tide of battle, is with the Russians. Upon the basis of this dispatch "extras" with flaming headlines ; announcing a Japa nese retreat along the whole line were sold by thousands. Government Chemist Makes Startling Statement INVENTORS WHO HAVE CON TRIBUTED TO JAPAN'S VIC TORIES IN WAR. tSEE PAGED "According to reports and to my own observations the fighting was most des perate. We repulsed numerous Japan ese attacks and ourselves assumed the offensive. The > heroic defense, of Its advance position .by the Tomsk Regi ment is especially deserving of mention. "During the T night our ' troops on the right 'flank * recaptured fat the point of the bayonet ¦ a • village .which . had been lost "the * previous evening. . On the left flank severe ? fighting for; the possession of r. a'; pass i has '? been i continued. Our troops . scaled ? almost inaccessible] rocks and -^ held ;~ their / ground ; for two days, gradually approaching, the Venemy. * "I • have" not 7yet 'received a report of ST. PETERSBURG, Oct. 13.— General Kuropatkin reports that during the fighting of yesterday and to-day the advance troops ' were 'reinforced from the principal positions, that this even ing the left wing was ordered to fall back on the main position and that at 2 o'clock the ' center also was obliged to fall back. ' The report does not mention the fighting on the right wing. : The full text' of General Kuropatkln's report, which is dated the 13th, follows: "Last night and throughout to-day the Manchurian army -was engaged in a fierce fight. The Japanese concen trated a great force against our posi tions on the center and right wing. We carried on the fight from advanced positions, and.it became necessary to .support these advance guards from the main position.' The right wing held its advance position," and only at nightfall, under my orders," retired to the princi pal position. In the center the troops were forced to retire from the advance to the main position at 2 p. m. PRAISES* HIS TROOPS. HEADQUARTERS OF THE JAPA NESE LEFT ARMY. IN THE FIELD. Wednesday. Oct. 12.— The ; left army made an advance last night and early this morning occupied a position close to a village and field occupied by the Russians. The Japanese attacked along the whole line, driving the Russians out of the position to which they had re tired yesterday. At 3 o'clock this after noon the Russians were retreating northward In disorder. The Japanese captured a complete Russian battery. The Japanese are pursuing and shelling the -retreating Russians, whose loss probably is large. MUKDEN, Oct. 13.— The battle south of this place continued throughout Wednesday with ever-increasing fury. In respect , to desperateness, bravery and bloodshed It far exceeds the battle of Liaoyang. Toward evening the Japa nese repeatedly assumed the offensive. The fight continued to-day with un abated, fury and determination. This was the fourth day of the battle. RUSSIANS FAIIi BACK. GIVES NOTE OF WARNING TO DRINKERS The bullion left Goldfleld in a wagon train under an armed guard of several menvlast week and on reaching;Klon dike Springs, fifteen miles south of Goldfield, darkness overtook the train and camp was ordered. A close watch was kept on the gold and in the middle of the night Captain William Parry, a pioneer frontiersman, - saw two men trying to carry off two of the . sacks. He fired at them and called for them to stop, whereupon they dropped j the sacks and disappeared in the darkness. They are thought to be following' the men in possession of the bullion and the greatest precautions are being taken. RENO, New, Oct. 13.— The bullion from fifteen tons of ore, taken from the famous Sandstorm mine in Gold field, arrived in Reno last night from Sodavjlle. The bullion is In charge of T. L. Oddie, a millionaire, who is* one of the principal owners in the mine, but is divided among several men, whose identity is kept a secret tp pre vent robbery. Certain persons in Gold field know the. gold is en route to San Francisco and have made one attempt to steal some of it. Special Dispatch to Tb* CmlL ¦ .: — ! . Guard '. Presents, the; Theft Gokiiieici; to This City The action of the Grand Jury is based on testimony heard concerning the election officers In .the Eightieth or Almshoase Precinct, where Joseph Rebstock was inspector. It appears that all of the six officers were Repub licans, whereas the law requires that precinct boards shall be divided po litically: not one of them is a tax payer, notwithstanding the statute de clares that election officers shall be on the assessment roll; only, five of the eix were residents of the precinct. In which they 6erved— the law demand.6 that all should be. In other precincta similar conditions prevailed, .and the , majority of - the The communication asking that Dis trict Attorney Byington be instructed to Institute prosecution against Com missioners Roberts, Devoto, Lefflng wel!, McGuire and Voorsanger will be transmitted to-day to Judge Lawior. who is the presiding Judge, by Fore ir.an Alfred Lilienfold. The Judge re fused to be Interviewed last ; evening as to the matter, and would not give ar.y opinion concerning the legal force of the Grand Jury's resolution. It is not contemplated to have the Commissioners accused of any crime, but charged with dereliction of duty for not enforcing the requirements of law regarding the qualifications of elec tion officers. The only punishment, if found guilty by. the jury, would be ouster from office. Willie the members of the jury that an» b?nt on making free use of the pre rogative of indictment for violation of the purity of elections law are not very hopeful that anything further can be accomplished, tbey were not in a mood last night to give up what they declare to be a solemn duty. Some thought the force of public opinion may yet induce the recalcitrant Jurors to see the error of their way. At best, they admitted, however, that the situation was dis couraging and the. probability of more Indictments for frauds very small. The advisability of terminating the sitting of the jury and the impaneling of a new one was discussed favorably. REQUEST FOR PROSECUTION*. Four jurors refused to go into court to return the indictment against Joseph Rebstock, charged with misconduct ¦while serving as inspector in the Alms house precinct, and Judge Sloss com plied with a request of Foreman Lilien feld to send the bailiff to bring them in. there being only eleven Jurors on hand and twelve being required by law. This •uas the first outbreak of hostilities. After adjournment, those who op posed action against the Election Com missioners came out of the heat of the jury-room with emphatic declarations th.u at the next meeting they would take action to petition for the dismissal of tho Grand 'Jury, for they were dis gusted with its proceedings and did not believe that any more good work could b*» accomplished by it. They allege animus and political machination against those whom they regard as overxealous in the probing of ballot-box frauds. Only eleven -members of the Grand Jury would vote yesterday for a formal accusation against the Election Com missioners, • and instead of a present ment or an Indictment a resolution was passed by the majority asking the pre siding: Jud^e of the Superior Court to direct the District ¦'„ Attorney^, to take steps to oust the board, from office. »O This unusual proceeding was. taken as the last course possible — "the best that could be done under the circum stances," it • was explained — after a stormy session in which the discord that has be*n brewing at several meet ings had broken out into an open rup ture. There is no legal provision for such a resolution, and no authority to compel the Judge to obey the Grand Jury's request. This left only eleven jurors to present the indictment, and argument with the unwilling: trio waxed furious. The law was read and expounded to show that it was not necessary that the twelve Jurors who found the indictment should be the same twelve to go Into court. So long as there were a dozen on hand on either occasion the i statutes would be complied ' with. But Welch and O'Brien insisted that they would, not take part In accusing a citizen of a crime unless they heard the evidence " and : for a while had; the better of the situation. They turned a deaf ear to persuasion and argument and stuck to their Idea of things. Dr. Drucker was no more yielding than they. ' Foreman Liilienfeld came "out into the anteroom and telephoned for F. ' H. Wheelan, W. H. Hazell and Dan Fitz gerald, on whose testimony the charge against Rebstock was based. They added to their strength E. C. Harrison, who was ready to tell of. some; exciting experiences he' had, when . trying: to challenge ; voters in the Eightieth Pre cinct, where, the inmates off the; Alms- The Grand Jury began its exciting session at 2:30 o'clock and at once took vp the matter of returning the indict ment which the District Attorney had prepared. The combat soon j> opened. Charles W. Welch, secretary of the body, announced that he was not pres ent when the vote ,on the indictment was taken Tuesday night, and not be ing cognizant of the facts in the case did not wish to have anything to do with it. Matthew I. O'Brien was also absent when the true bill was found and he also demurred to appear ing in court as supporting the accusa tion. Dr. George I. Drucker had voted against the Indictment and did not feel that he should appear in court as hav ing assisted in instituting the prosecu tion against Rebstock. "My conscience is easy,** said Com missioner A. W. Voorsanger In discuss ing the probable prosecution." "I know that I have participated in no offense against the law." "The law requiring property qualifi cation of an election "officer Is uncon stitutional," said Commissioner E. C. Leffingwell. "The requirement that the officers must be residents of the pre cincts in which they serve is imprac tical, for when we learn at the eleventh hour that a man cannot be on hand at the polls we have to take an appointee from the available list and send him out to fill the vacancy. It is utterly impossible to carry on an election prop erly In every precinct if we are re stricted to the precinct for its board of officers. The. Grand Jury's attempt to prosecute us is ridiculous." "I regard the effort of the grand ju rors as an outrage," was the comment of Commissioner J. A. Devoto. "True, we have not obeyed the letter of the law. That was impossible and uncalled for. We have committed no crime, and here we are dragged before the public as law-breakers. I was born^ and raised in San Francisco and I value my good reputation. I have never been guilty of anything to darken it and the stigma that is cast by the Grand Jury without good reason is far from right. I have no fear of consequences in court, but to be placed in a false light, as has now been done, is certainly unpleasant. The chief aim of the grand jurors, in my opinion, is to do politics, by be smirching the present municipal ad ministration." ..:,:„, - .: Grand Jury were determined to hold the Board of Election Commissioners accountable. Evidence had been gath ered that a number of changes were made arbitrarily in the personnel of various precinct boards the night be fore the primaries. DISCLAIMS OFFENSE- . , . ., SENDS BULLETS AFTER THIEVES Last month both Cuff and Tilley. de cided to come East and look up the girl. They met on the train and the story came out. \ Each was coming to be married. They found that both carried the same photograph. They went back to the farm and wired to Washington. . The postofflce authorities say Mc- Kinney has fully two score victims in different localities. About a year ago McKinney was in California, and there met many well to-do farmers, including .Tilley and Cuff. He was there for some time. Soon after he returned to the East both Tilley and Cuff began receiving letters written in a feminine hand and saying the writer had been referred to the one addressed by Rev. Mr. McKin ny. Cuff's letter was signed by "Anj nie." Tilley's by "Mary." Soon a re quest was sent East for a photo graph — one by each man, unknown to the other. Each received the portrait of a beautiful woman. The next mail eastward . carried a proposal of mar riage from each of the farmers. | Both were accepted, but the letter received by each said the girl could not come without money. Each Cali7 fornian sent $50 and the romance ended there. PITTSBURG, Pa:,- Oct. 13. — Rev. Homer L. McKinney, for years one of the be^ known evangelists in the Erie conference, but for some time past proprietor of a portrait establishment in*Freeport, Pa., was this evening committed to jail by United States Commissioner Lindsey, to await a court hearing. McKinney is charged with having obtained money by fraud, using the mails for that purpose. According to the postal authorities, he has been passing himself off aa two marriage able maidens and making violent love to California farmers, becoming en gaged to two of the latter arid collect ing money for a wedding trousseau from each. Postofflce arid Federal of ficers: of Philadelphia. -who-jOTari^-iha arrest this afternoon, say that the evi dence reveals a remarkable scheme. "Annie Hall" and "Mary Roberts" are the names under which the parson is alleged to have made love and con ducted his campaign. William Tilley and J. X. Cuff, wealthy ranchmen of Eureka, Cal., are the two victims who appear on the surface. When arraigned this evening the parson had little or nothing to say. Special Dispatch to The Call. Russians Repeatedly Charge Japanese Trenches With the Bayonet. ST. PETERSBURG. Oct. 13.— Private dispatches sent on the night of October ILAXD TO HANT) FIGHTING. Victims Forward Money for Wedding Trousseaus and There the ' Romance Ends. the result of to-day's fight on the- left wing. Under the conditions of the fighting the losses are necessarily con siderable. I have ordered that the po sitions we now hold be stubbornly de fended to-morrow." Assumes Feminine Names and Invites Proposals to Marry. Nippon's Soldiers Capture Many Guns BIG LOSSES IN FOURTH DAY'S FIGHTING Kuropatkin Orders Renewal of Battle ONE VOTE LACKING TO MAKE A FORMAL CHARGE Former Evangelist Arrested for . Fraud. DUPES TWO CALIFORNIA RANCHERS 4. THE LEATHER. For*c**t zamde at San Frar.ciico for thirty hour* endlnr midnight, Octo ber 14: Saa FraBeUco aad vicinity— Cloudy Friday, prcbably ehower* In the after noon: fre*h acutheriy wind. G. H. WILLSON. Local Forecaster (temporarily In The San Francisco Call. ij- ~ — — ' •" • . — — . - T|fB THilATi-KS. ¦ ALCAZAR— "Lord and Lady Algy. m CALIFORNIA— '"nta Tenderfoot." CE2iTIUi.il — "She." ; CHUTES— Vaudeville. COLUMBIA — "The Office Boy.~ FISCHER'S — "Down the line." GRAND — "The Burgomaster." LTRJC HALL— "Twelfth Night." 3Iit lnee to-£&y. MAJESTIC— "A Japanea* NljbUn g*Ie." ORPHEUM— Vaudeville. TIVOLI — "Der Rastelblnder." 4. _______ SAN -FRANCISCO, FRIDAY, OCTOBER 14, 1904. PRICE FIVE CENTS. VOLUME XCVI— NO. 136.