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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, October 14, 1904, Image 1

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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
Grand Jury Asks That Election
Commissioners Be Prosecuted
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.
'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
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.
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.
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. . ' , \ ,
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
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
Alldrich's Scriptural Drama, With
Xance O'Neil In Star Role,
Scores: a Hit.
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 ',* ;¦
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
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
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
"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.
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.
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
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.
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
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
' 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.
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
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
Kuropatkin Orders Renewal of Battle
Former Evangelist
Arrested for .
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.
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
ORPHEUM— Vaudeville.
TIVOLI — "Der Rastelblnder."
4. _______

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