The San Francisco call. [volume], July 14, 1907, Page 35, Image 35

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

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I PAGES 35 TO 48
il 1 I
Arrests for Giving False testimony Begin in Boise Case
STOESSEL MAY
PAY WITH LIFE
FOR SURRENDER
Generals Are Charged With
Cowardice and Treason
at Port Arthur
MANY ACTS ALLEGED
Accused of Sending Reports
of Battles That Never
Took Place
TRIAL IS BEING HELD
Indictments Recite Several
Counts, Each Being a
Capital Offense
ST. PETERSBURG. July 13.— A
document containing the indictments
against Lieutenant General Stoessel,
the defender of Port Arthur; Lieu
tenant General Fock, who com
manded the Fourth East Siberian di
vidon at Port Arthur; Major Gen
eral Reiss, chief of staff to General
Stoessel, and Lieutenant General
~ 'Smirnoff, who preceded Lieutenant
Ger»er2l Stoessel in command at
Port Arthur, was made public today.
These officers are being tried by
courtmartial on" charges of coward
ice and treason.
The indictments set forth that
Stoessel and Fock deliberately sent
false reports of battles that never oc
curred, recommended . their own
friends, who had lost battles, for
decorations, and surrendered the
Fort Arthur fortress in spite of the
fact that they had at hand ample mu
nitions for resistance. >".
All the crimes with which Stoessel,
Reiss and Fock are charged are capi
tal offenses.
CALHOUN MAY PURCHASE
ROADS IN SACRAMENTO
Rumor That a Big
Deal Will Be Closed
Very Soon
c SPECIAL DISPATCH TO THE CALL
SACRAMENTO. July 13.— There is a
persistent rumor about town tonight
that Patrick Calhoun and the United
Railroads company has all but closed a
deal for the purchase of the local street
railway system, owned by the Pacific
gas and electric corporation. John
Britton has refused to deny or afflrm
the rumor, but it is stated, that the 1
proposed loan of $1,500,000 now being
negotiated in Ijew York city by Cal
lioun Is for the purpose of taking over
the local system and that the present
owners desire to obtain funds to build
a great power system at French
creek, in Butte county, to meet the
completion of the Great Western power
company.
CASTRO IS ADVISED TO: *
HAVE CLAIMS ARBITRATED
Secretary Root Refuses to Accept the
Answer Recently Made by Pres
. ident of Venezuela
CARACAS. .Venezuela, via Curacao,
July 13. — The American minister, Mr.
Russel, on July 2. handed President
Castro Secretary Root's reply to the
president as -to the American de
mands of February 18 for the arbitra
tion of the five American claims
Venezuela. Root said the department
could not accept President Castro's
answer, which refused ' to grant- the
American demands on the ground that
the claims were not matters for diplo
matic Intervention, and he again re
quested the president consider im
mediately the advisability of giving a
satisfactory reply to. the claims pre
sented.
MANY BANKS SAID TO
EL-3B BE VIOLATING LAW
Rumor Says That Attorney General
Webb Will Hand Down Such
an Opinion Shortly
SACRAMENTO, July 13.— 1t Is an
nounced that Attorney General Webb,
it the instigation of the state bank
rommis,Eioners, lias given an opinion
that nearly every bank, in the state Is
violating the state banking corporation
law. which allows banks to: do either'
i Favjng bankjOr a /straight commer
cial business, as .with but a: single
tranchise, nearly every banking bouse
Is Uoinpr both a commercial and : sav
?ng bank business. It.is'cxpected.that
'.this decision. will have;a t wJde aridsig
'i i ficant effect on , all of the banks ..'of
the ttatc "
Commissioner Neill Has a Busy Day
in Secret Strike Conferences
Hears Both Sides of Telegraphers'' Dispte
A. mass meeting in Oakland at night j
and conferences between the officials !
of the telegraph companies and United )
States Labor Commissioner Charles P. ,
Xeill were the features of yesterday's
strike developments.
Early in the day Commissioner Neill '
had a long talk with Judge J. J. Allen, j
the legal representative of the union. ;
Special Agent Ethelbert Stewart of the
bureau of labor was also active in try-,
' ing to find a path to peace. He, "too,
had a long conference with the com
missioner. He has been in Oakland
several days gathering, .information
about the strike and he made a com
prehensive report to Neill. Both I. N.
Miller Jr. of the Western Union and
Commissioner Neill agreed that nothing
of their conference should be given .to
the public
Deputy President S. J. Konenkamp,
M. J. Reidy and M. J. Sullivan, mem
bers of the executive board of the
union, went. with President S. J. Small
to a crowded meeting of the striking
telegraphers in "West Oakland' In the
morning. Later a secret conference
was held by the national officers and
the local executive board.
. "We would be. foolish," said Small,
"to rush Into print with a discussion
of our deliberations. The crisis is too
serious to the Interests of the country
to be discussed lightly. If there is a
chance to settle this strike on terms of
honor, we want to do co. We do not
wish , to jeopardize the outcome by too
much talking. We hope to bring about
a settlement of this strike with the
aid of Commissioner Neill and Judge
Allen."
FAILS TO ATTEXD 3EEETLVG
After a meeting with Allen and Stew
art In the Hotel Metropole in Oakland,
where Neill has taken up his head
quarters, the commissioner left for this
city, .saying that h^, hoped to be able
to return in time to attend the mass
meeting at Pythian castle. This he
was unable to do, and his absence from
the platform was a disappointment to
the audience.
President W. W. McCandlish of the
local union was chairman of the meet
ing at the castle and- he introduced
Judge J. J. Allen as the first speaker.
"Your interests are common interests
and your -fight for your rights Is a
common . struggle," said Judge Allen.
"The power of corporate wealthand in
fluence Is extending; the hand -of the
trusts already r grasps . the "scepter
which -practically controls the United
States. Our '^president says 'Every
man should have a square deal.' That
is. all >-o want. * We demand for the
telegraphers a living* : wage, out of
which "the necessaries of life may be
paid for and with economy something
laid away for^ rainy: day."
"You are merely demanding a decent
percentage of the earnings -of :your
labor. In the end your demands will
be \u25a0 granted. The government' has ap
pointed a. labor commissioner with
authority to investigate struggles • of
this kind and compel arbitration. .Your
president, is: now working with him,
and "within"/ four days, I :. believe, you
will hear of some solution of this
trouble.".
: M/J. Reidy of Boston said; In part:
"I, have como here with Commissioner i
Neill. and the. members of- the execu
tive^ board to co-operate with -your
national president* and use my! efforts
to; secure. If possible, a. peaceful solu
tion of* the present trouble. In dealing
with"' the ' Bituation. It may be neces
sary to ; make some concessions, but
I. for. one, shall ; never consent. ,to
any/ settlement not consistent with the
dignity " honor,, I of, our . organizaX
tibn.. After this strike, is. ended '\ we
must 1 not . forget that there are : obligaV
tions**on # both -sides, t and: wo'» must jkeep
ours. JWhen ." vve i secure;, as I rain", sure
SAN FRANCISCO, SUNDAY, ; JULY;' 14, : 1907.
DXITED STATES LABOR COMMISSIONER
CHARLES P.- NEILL (UPPER). WHO IS
ENGAGED IN ENDEAVORING TO BRING
ABODT A SETTLEMENT OF THE TEL
EGRAPHERS' STRIKE, AND W. •W. AL
LEN SR.. THE LEGAL REPRESENTATIVE
OF TOE TELEGRAPHERS' UNION.
we shall,, a fair day's pay, :we must
not forget that we owe the companies
a fair day's work .'in exchange."
SMALL IS DETERMINED
S. J. Konenkamp made a short but
stirring address prior to the longer and
comprehensive 1 address of ' President
Small, who said in part:
"I have always . been a conservative,
but some of the, happenings since the
beginning have almost tempted me to
become a radical. : One of these causes
was the action of "the Southern Pacific
company," when some of. those who left
the Western Union company applied to
the railroad for employment. These
people were told, . when they asked for
work, to return to the Western Union
; and Postal companies and get clearance
! papers, the company flatly refusing to
give them employment. One condition
that we shall insist on Is that every
man, woman and child'who walked out
when the strike was called shall: be
reinstated. If this condition ;is riot
granted no^ono will return to work.
"It is likely that we shall compromise '
on, a 25 per cent increase, but just
what the compromise will be I am un
able to state at present. I wish at this
time to repeat the advice I gave. to the
members of the union when the strike
was called. ;";Go to the country, <• go on
picnics, play baseball or do anything
else to keep_your minds off thestrug
glein which we are engaged and; leave
the battle toyour national officers. and
the ' executive, board : of our organizaV
tiOn." .•\u25a0 . v -;\u25a0 \u25a0\u25a0• .• ' >\u25a0 .' ";
TIMBERS PROTRUDING
FROM TRAIN KILL MAN
Section Foreman Fatally
Hurt; onVTehachapi ,
'; \u25a0 : ; \u25a0•. • - Liriei:
. BAKERSFIELD,;, ; July _;' : \ .13.'— Silas
"Wright, a' Santa Fe^section ; foreman^
was ' killed,""/ and a : Mexican * laborer
seriously injured ; in a peculiar, accident
on the . railroad just- above the south
line of \ Kern- county today. , The; '-'men
were standing alongside thd track when
a freight . train passed and were struck
by protrudlngjtinibers. '\u25a0",
,:' Wright died at his homo, at._S6lita.
He leaves *a' widow, .two. grown sons
and a "daughter.
KILLED BY; AUTOMOBILE
BELLINGHAM, Wash.,* ' Julyl y - 13.— J.
J.. Larson, . ..\u25a0livery, Inian .and -garage
owner of this - : city,V,was j, crushed' to
death I in': an? automobile \ accident , last
night fa ; few^ miles f south- of »here.V -.'He
'attempted ~; to|i turn \. tlie^ machine *' in a
riarrow^Toadjand : backed: over. a" 10 foot
embarikriientvl ,:....:. . v .
WITNESS JAILED
FOR PERJURY IN
AID OF HAYWOOD
Dr. Magee First, of Several
Said to Be Caught in
State's Dragnet
DEFENSE RESTS CASE
Prosecution Produces Proof
of Orchard's Story of
; Bunker Outrage
PARTICIPANT GALLED
William Dewey Tells of the
Expedition to Blow Up
Wardner Mill
Oscar King Davis
BOISE, Idaho, July 13. — The pros
ecution in the Haywood trial has be
gun to act in the cases of witnesses
for the defense who have given testi-.
mony which the state has evidence
was perjured. This afternoon Sher
iff W. J. Bailey of Shoshone county
swore out a warrant for v the arrest
of Dr. I. L. Magee. the Wallace phy
sician who testified that he ; saw
Orchard in Wallace in the latter part
of July, 1904, charging, him with per
jury. Magee testified that one of his
reasons for remembering the incident
was hisvsending' Orchard to Chairman
Johnson of the. republican. county com
mitteeat Wallace .when Orchard asked
him If 'there 'wasVany ."easy money"
around Wallace "at^that'time. ."- • «\u25a0'
.Sheriff Bailey testified r .this moriifrig
that.rJolirison'".was ;not<' ; elected ;. couilty
chairman until Vtwo months after/Ma"
gee's . alleged ; meeting with Orchard,
arid a Den ver witness J testified • that* Or
chard was \u25a0 in his: lodging house at^the
time that Magee says he saw him in
Wallace. /
.-For,- some time evidence- has been
coming into the possession of the state
regarding the testimony of several of
the witnesses for the defense and prep
arations for, the arrest of witnesses for
perjury, have been going on for some
days.* This is the first case in which
proceedings have been begun, .but it is
probable that there will be other cases
in a few days. The case of "Big Bill"
Davis Is under consideration. - Some of
the evidence brought out today isheld
to warrant his arrest for perjury at
once, but there is still . an indictment
against him in; Shoshone county for
murder," growing out of his connection
with the Bunker. Hill mill r*ot, and it
may be decided to proceed under that
indictment. • ,
BOMBSHELL FOR DEFENSE
Progress was rapid at the Haywood
trial today. The expert on the effect of
>dynamite on buildings, who was ex
; pected •to take the stand lor the de
fense; did not arrive and Attorney
Darrow announced that it would rest.
Thereupon the prosecution became very
busy attempting to make hash of the
stories told by some of the witnesses
for the defense.'
The rebuttal ran along in ordinary
course for most of the day and then
Attorney Hawley dropped a small bomb
Into the opposition camp by putting on
as ; hig '• last < witness a man who i was vC
member of the Gem , union when the
Bunker Hill ' and Sullivan" mill were
blown up,* and who told all; about that
day of riot, including his own share in
if, ",,' and declared that "Big Bill" ' Davis
was the" leader of the opposition.'^
The , first testimony of . the defense
that^ Hawley 1 went after was ; the story
of * Elliott, '; the ; old soldier who told -of
having talked with Orchard on a train
between" > Weiser arid Nampa In' the \u25a0 lat
ter part of November, 1905. Elliott had
been" forced to admit on cross examina
tion^ that : he r- had twice been ari^ inmate
of the state insane asylum, but \Hawley
was . not content with that attacks on
his ceredibility. attorney produced
fifista : witness who testified that when
Orchard was arrested in ; Caldwell -the
second day after the Steunenberg mur
der; he* was smooth shaved. Elliott had
described \u25a0 him as wearing a . mustache. 1
V DIl. |]«AGEB,CO>fTRADICTED
Elliott had: also sworn that "he came
from" Council," on ; the P. and L" N.I rail
road, on the afternoon of the day that
he had' the talk with Orchard^ and took
a train f from Weiser' that got himlrito
Nampa before dark.' . Hawley put 'on
officials of the^, two railroads over which
"Elliott hadUo travel to make that "jour-,
ney^and^showed that'. on -\u25a0 the -days he
fixed it was impossible to make the" trip
heV described - because there were,?, no
such, trains.
Thea^ Hawley, produced the cleric of a
Salt Lake .Cityj. hotel, who had with him
the records of i the hotel 'showing that
Orchard .registered- thero several; days
before* the -timo^set .by Elliott; arid
( stayed two weeks after .tElliott's'date^
Many Happy Urchins Enjoying Country Life
in the Picturesque Saratoga Foothills
Phot ograpb showing the manner In which newsboys are enjoying themselves I n ' the Saratoga foothCla camp.
; SAN JOSE.; July 13.— 1n the beau
tiful Saratoga foothills 28 little " San
Francisco newsboys are having the
time of their lives at lthe expense of
"the. Outing farm association, incorpor
ated i/.by" philanthropists " for the ex
press purpose. of Infusing a little in
nocent Joy into the hearts of a few
street urchins.
Tomorrow these youngsters will be
A witness from Denver contradicted j i
the story of Dr. Magee of'Mullan, who \\
told of seeing Orchard • in Wallace in '
the summer of 1904." The Denver man
runs a . lodging house where Orchard ;
was , staying .at the time fixed, by
Magee. j
. Then Hawley called August Paulson, •
the former : partner of Orchard In the "
Hercules mine, the man whose children
Orchard said that Dave Coates had pro
posed to kidnap. He was not; exam- -
ined. about the kidnaping proposition,
but as to the time of sale of Orchard's •
Interest In the mine. Hawley'.man
aged to bring out that in the spring <
Orchard ceased .to exercise any- control i
or ownership in the property ; and that 1
Dan Cardona took his place In those !
respects. Paulson said that he', and
Orchard were on intimate terms, but
he did not see Orchard In ' Wallace in
the 'summer of, 1904. when Magee tes
tified to -meeting him.
When 'Paulson was excused Hawley
Introduced the two deeds, one by which
Orchard acquired his interest and the
other by which -he transferred it to
Cardona. This one was duly .recorded
on March 8. '1898, showing that Orchard
had had no. interest in the mine after
that date. \u0084 . •- r .
TELLS OF BUAKER HILL. TRIP
Then came, the star witness of the
day— William Dewey — a husky, black
mustached hawkbeaked ' miner v from
Goldfield, Colo., one of . the / Cripple
Creek district towns. He ,Is working
now in the Vindicator mine. He said
that he had . been working in , the . Coeur
d'Alenes for four years when Bunker
hill day came, and was a member ; of
Gem union. On ; the way to ; work ; that
morning Johnny Peterson met him and
told him to go to the - union hall. \u25a0He
did so, and found there a gathering of
pretty much, all the male population
of 'Gem. •" The meeting' was not called
to order, and there were no ' speeches.
"Big Bill" Davis stood on "the stage
at the' end: of 'the hall, and distributed
rifles and ammunition.
Dewey took a- rifle, masked' himself,
went to the station "with the rest_ of
the men and took the train . f or.Ward
ner. He rode In a box car that was
crowded with masked men. -. He did' not
seel Davis ? on the] train, , but .when they
got 'off at Wardner he saw • Davis, who
was not : masked.
1 VHalwas . getting the men in shape
to/: march '. up the hill," said Dewey,
/'and was giving directions.* He told all
the'men -with long guns to get In front:
They marched off ) and I . fell in with
them. We "went to a short; dis
tance of : the mill and the .column
haited.". Davis, I with six or eight -other
men, went into the mill,, and that'was
the last I < saw. of him until \ after.' the
mill was blown up arid we started back
for the train. .'.Then I (saw; him. again,
but I don't remember seeing him after
getting on the train."
Richardson' went after: Dewey on the
subject of" the masks that thaVmen
wore, and wanted to know all 'about
what they were ; made of, how 'made
and how worn. ' SBfe: \u25a0\u25a0':
"Some one came in there with a piece
of cloth," ' said^Dewey, "arid tore it". up
in '\u25a0strips ' arid threw it out, arid ?. you
caught a piece of it and made " mask,
that was all."
\u25a0 Richardson wanted: to ; .know how"; It
happened that- he-had, been, silent f for
the eight years; since the. Bunker hill
'riotV •:..'.,' ; :'"' r
i "I first ;.to tell \u25a0 what I
knew." :.• said- ;I>ewey, ""when - -Is*I 5 *- read !
[PAGES 35 TO 48 I
" ' , ' -' ~ ' " II I!\u25a0 \u25a0\u25a0\u25a0\u25a0 M\u25a0\u25a0 I \u25a0\u25a0\u25a0—\u25a0\u25a0\u25a0 I\u25a0\u25a0 I \u25a0! II II I I \u25a0
hosts to hundreds of "gTOwn ups," who
have been Invited by the promoters of
the "farm" to spend the day at their
expense. On last Tuesday 20 newsboys
came from the Mission park camp and
they are proving to be an especially
well.behaved, bunch . of .youngsters.
Many of the children can remain only
a week; and must return to the city
streets where they can sell papers.
QUARREL AT A PICNIC
LEADS TO A MERRY WAR
Professor Jordan's Secretary
Called Names in San
Mateo Paper
\u25a0 ' SPECIAL DISPATCH TO THE CALL'
, SAN MATEO, July 13.— As the result
of a mlxup between Stanford students
and a picnic party from Menlo along
the otherwise -peaceful banks of the
[ San Francisquito creek some time ag-o
libel suits are threatened; cardinal
students are called moral degenerates;
David Starr Jordan's . private secretary,
A. B. Clark, who is also mayor: of May
field, has been called' names in the
Menlo paper, and James T. O'Keefe and
George Gilcrest of Menlo Park are un
der arrest for assault with a deadly
weapon, throwing rocks and threaten
ing, to use" a rifle.
Gilcrest is O'Keefe's brother, in law
and is accused of throwing names as
recklessly as brickbats and stones. The
names were bandied in an article which
created, the storm" and which appeared
as Gilcrcst's thinly disguised over the
signature "A Spectator."
The events in the tangle as well as
the gossips here can unravel them are
about as follows:
- First, the battle along the ripples of
the San Francisquito creek. Mosquitoes
fled and . so - did the - students. The al
leged assailants were arrested for as
sault with deadly weapons, flourishing
rifles "and -so on. ' Then the letter in
the paper from one of the accused as
sailants, Gilcrest. He calls everybody
names and says things about Professor
Clark ; which have suggested : action In
the courts. Finally. Justice -appears In
the person\of Charles,- who has set July
22' as the date when everybody who
knows anything about "the trouble may
tell all about it In the preliminary hear
ing of Gilcrest and O'Keefe.
"One of- the; students who say» he
was attacked "by the two is "J. Mac
donald. He is the man who signed the
complaints that have focused : the at
tention . of : the university. San Mateo
and even , Mayfleld upon the banks of
Stn Francisquito creek.
YAMA3HOTO VISITS - SHIPTARDS
V- NEW YORK," July 13.— Admiral Yam
amoto and 'his suite returned- to New
York tonight after spending the day.
visiting the -shipyards at: Philadelphia
and ' Camden."- N. •J. ' r "
about Orchard's testimony inthe news
papers-arid saw, all. these denials of it."
\u25a0 Dewey "t essed up" right away when
Richardson taxed him with deserting
the 1 union.*. He said that he had joined
the 'union .at / Goldfleld and had - gone
out on -strike in_August,"l9o3.
Dewey interested everybody in •• the
courtroom more than any. witness since
Orchard was on the stand. Of- all .the
thousand men concerned. in the Banker
hill ' riot ihe >Is the first man \u25a0to tell . the
story except Orchard. He was plainly
very nervous atl the* start, \u25a0 but when
Richardson- :began;; to push' him- he
seemed- to' recover ;hls nerve. • •-'
; ; Richardson. used every^effort and-in
sinuation f. that r he<i,could \u25a0 to ", disconcert
and; muddle -hlm^but Dewey/only. came
back 1 the ; stron ger.^gßßJßkpl
\u25a0 Adjournment :,was taken to Monday:
morning.' . "':'..':. !.*"....."
The next contingent of city lads will
be from the Richmond camp. At least
100 boys will have a taste of real
country life.
Mrs. Bertha M. Rice, a newspaper
woman, founded the farm, and Justice
F. B. Brown of San Jose is president
of . the association. Among the direc
tors are many well known San Fran
cisco people.
BANKER ARRESTED ON
CHARGE OF MURDER
Taken Into Custody at San
Diego to Be Taken
to Illinois
SPECIAL DISPATCH TO THE CALL.
SAX DIEGO. July 13.— Fred H. Ma.
gill and wife of Clinton, lIL, were ar
rested here tonight by Chief of Police"
Moulton on a charge of murder alleged
j to" have been committed in the Illinois
town.
Comparatively little is known here '
about the case. Magill and wifa were
accompanied by his daughter by a for
mer wife. The daughter, a girl of
about 18 years of age. is being cared
for by the matron of the hotel.
The party had been here only tw*
days and were stopping at the Hotel
Robinson, where the arrest was made.
The report here is that Magill is a
banker and that the murder of which
he is accused was that of his first wife.
BLOOMrXGTOX, lIL. July 13.— The
arrest at San Diego, \?al., tonight of
Fred Magill of Clinton on a charge of
murder is the sensational climax of a
case which has greatly aroused the
people of Dewitt county. Magill's first
wife died on May CO. last, from - the '
effects, apparently, of chloroform and
was supposed to have committed sui
cide. This week he was married in .
Denver, Colo., to Miss Far Graham, who
was an intimate friend of the " family
during the life of his first wife.
The early marriage created much re
sentment and it was charged by some
that there was reason to believe that
Mrs. Magill had been the victim of foul
play and an investigation was demand
ed. The arrest followed.
MRS. OELRICHS STRUCK
BY MASSIVE CARVING
Newport Society Leader Is Now
.. Nursing a Discolored Eye
and Bruised Face
I NEWPORT. R. 1., July 13.— Mrs. Her
man Oelricha Is going about' with a dis
colored eye and a bruised face, the
result of a peculiar accident which she
suffered Thursday. evening. A massiva
carving under which Mrs. Oelrichs was
sitting fell over and struck her on
the right side of the. face.
GOLDFIELD $.UOOX HSLD UP
GOLDFIELD. Nev., July 13.— Two
masked men, one carrying a shotgun
and the other a revolver, held up Ths
Inn. a Columbia street saloon. . last
night about .midnight, taking $650
from the camp table and $165 from the
cash register. The seven men in the
place at^the time were lined up and
searched for weapons, but their
uables were not taken. After- the
holdup the robbers backed out or /the
door and escaped.
FRIEND OF STEVE.XSOS DEAD
SAUNAS. July 13.— Mrs. Martina Sl
monesu. one of the best known char
acters of Monterey, Is dead. She was'
the wife of Jule Slmooesu and an in
timate friend of Robert Loui3 Steven
son. She was born in Mlraflorres.
Lower • California, and lived ;In Mon- a
terey over 50 years. She was 7 1 * years
old.; /•.-;. '.-.. ... '..*'"