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PROSECUTOR UPHELD GRANTING IMMUNITY Judge Landis Declares Chi cago and Alton Deserves Leniency BONAPARTE WRITES Standard Oil/ Official Is Subpenaed for New Prosecutions CHICAGO. Sept. 24.— 1t was decided today by Judge Lendis In the district court that the Chicago and Alton rail way should not be further prosecuted for its connection with the granting of rebates to the Standard oil company on oil shipment* between Whiting, Ind.. and East St. Louis. 111. Tt was claimed by Attorney General Bonaparte, whose letter was read to •the court by District Attorney Sims, that Morrison,- the predecessor of Sims iln office, had promised Immunity to the Alton road provided It assisted In good faith In th» prosecution of the I Standard oil company. The attorney general therefore held that it was tha duty of the government to see that no further steps toward the punishment of the railroad for its part In the Granting of the rebates be taken. H« aeked that the grand Jury summoned to Investigate the Alton railroad be discharged.. Judge Land is declined to discharge the jury; but instructed its members That they had no further duty to per form in connection with the Chicago and Alton railroad. The court then called attention to a statement Issued recently by President Moffett of. the Standard oil company of Indiana, in which it was claimed that if the Standard oil company was guilty of receiving rebates no other manufac turer was innocent. The court directed the jury to investigate the conduct of other manufacturers and directed that a subpena be issued for President Mof fett. A letter from Bonaparte to Sims fears: • \u25a0 The department fast tfalj conslSntA. *s you xrf awti-e. the interesting aa4 pertlneiit facts t> hlcl: le<3 tou to ask tlie postponement, »nd In n« d*6ir» to rtrrj- out thoroughly the wishes of •; tie court expressed in tlie order of August 1«. it b»s yone OTer again the testimony of «ll tl'o irltn«ss«s then in the employ of the nl!roa<l <vmffJ>7 Trto testififtd «t tbe nf:;l of f!i«. oil c^tnpanr «nd Jt respect fxli.i irfvjrtii to tbe court, throoph you. tbst « li tiojiuii tlie facts render such a scrutiny clearly ««|rt*>j»rt«tfc. and tbat altboogb some part* of ;!" Mirtraw undeniably are 'open to adverse • rM<-;«;n-. ibr moFt perfect pood faith requires "•• [am-nmrnt of tlie United States to a<> ! !•\u25a0 rU- «'liica?n and Alton railroad company .• '.rUCi-trp prsnted an accomplice who be .\u25a0 utcm a '.vifnr** for the prosecution. \rmy Orders Issued in Washington Special by Leased Wire to The Call WASHINGTON". Sept. 24. — The follow ing- army orders were issued today: A board of officers is appointed to meet ut the Sandy Hook proving grounds. Detail for the board: Colonel Stanhope EL Blunt. Lieutenant Colonel Rogers Birnie and Major Charles C. Jamison, ordnance, and Major William H. Wil son, surgeon. Captain Ira A. Shirmer, assistant surgeon. The following officers will report to thr board for examination: Captain William H. Tschappat and. John H Rice. «... - The examining, board at Fort Mc 1 ><urr 11 is dissolved. i ' *ptaln Charles E. R. Flagg, as '\u25a0 ml surgeon, is relieved from Van-! .\u25a0 .iver barracks to Fort Crook for duty. Captain Ralph S. Sorter will be as sistant surgeon to Fort Huachuca, Captain Frederick F. Russell, as sistant surgeon, will report to the sur £rc~on peneral for assignment to duty as curator of the army medical museum. Major George Montgomery, ordnance, goes to Washington for temporary duty. '~' : X/S- Captain Ben. H. Dory, Thirteenth cavalry. Is retired on account of dis ability incident to tne service. Captain Edgar B. Martindale Jr., re cruiting officer at Indianapolis, will proceed to Snelburn, Ind., to procure evidence necessary to complete the trial of an enlisted man now before a gen eral court martial at Jefferson bar racks. \u25a0 WU TING FANG REGAINS EMBASSY AT WASHING TON Special fcp Cable and Leased Wire to The Call \u25a0 ' - PEKING, Sept. 24.~Tbe reappointznent of Wu Ting Fang to bis former post as minister of China at Washington -was gazetted today. The Americans here ascribe. the action taken by "the throne to the friendliness of the Amer ican press to Wa, and express In difference regarding the reappointment. After leaving Washington jWu had the lowest ministerial post in the for eign office and was transferred to a subordinate post In the board of pun ishments. The foreign office does not appear to have taken advantage of the experience of ; Wu - except during the boycott of American goods. After the question of the revision of the Chinese exclusion law was dropped, he was relegated to an Inferior post and then retired. W« recall to official life after h!s work and motives had been discredited at Peking is regarded in the nature of a personal, triumph. TURTLE FARMERS CLASH AND ONE GOES TO DEATH STOCKTON. Sept. 24 John Demonti, an, aged Frenchman, who has been raising turtles for the market in San Francisco and lived near New Hope, in the northwestern part of San Joaquin county, shot a Chinaman who inter fered with bis turtle,, business and threw bis body into the Mokelumne river. . - - . - . The murder wa» committed last night or early tMs morning, and the officers' have the . Frenchman under ar rest- "The body of the murdered China man has not been recovered, but the authorities say they have evidence that fixes the crime on the Frenchman. The Chinese waa . engaged in the turtle businessaUo and the two men clashed in rivalry. . . . - GOES AS A MISSIONARY PETAI»UMAi Sept. ." 24.— Miss Evelyn Baugh, daughter of Rev. and Mr*. George Baugh of Petaluma. will sail on the Korea for China soon as a mis sionary of / the • Methodist Episcopal church. She graduated four years ago from Berkeley with the; degree 7*f B'L. since tbat! time she has taught English and Latin in^Ure. Easton high fccnool." Frctno; county. Death Seizes Driver of Staged on Mount, Hamilton, , E. W. CHURCH. AGED BTAGB DEIVEE WHO DIED IN HIS SEAT WHIt,B DEIV ING COACH UP -MOUNT HAMILTON. Special byi Leased Wire to The Call SAX JOSH. Sept. 24.— E. W. Church, one of the pioneer stage drivers of tbe state, died' this morning as his stage slowly climbed the grade up Mount Hamilton. So 'peacefully did the final, summons come, that the reins did" not drop from the aged man's hands nor did the horses falter in their plodding. There were no passengers aboard and the dally mail was the only charge which death delivered. ..;.,'\u25a0\u25a0 Approaching 'Smith' creek the" stage, with Church sitting dead upon the driver's feat, encountered several heavy drays on their way into town with loads of fruit for the market. _. The stage horses failed to turn out, missing the experienced hand of their guide and as a result there was a collision. "Wake up there," yelled one of the men t to Church. The man did not respond and an investigation led to ,the discovery that Church was dead. The Vendome stables in this city sejit out help when notified by telephone and Coroner Kell will accompany the remains to this city, where an inquest will be held. Church Is 75 years of age, and has had experiences that come to few men. Tears ago he staged in the Lake Tahoe district and guarded the mails for Uncle Sam. He figured in several thrilling encounters with gentlemen of the road and earned a record that in spired respect among the most desper ate of the highwaymen. Church, lived at 431 Lakehouse street. Besides the widow six children sur vive — Mrs. H. C. Brown of San. Jose. Mrs. A. E. Baugh of Ferndale. Mrs. "W. C. Finley and Mrs. F. A. Turner of Sacramento, J. F. Church of San Jose and 11. H. Church of Richmond. PRETTY VIENNA ACTRESS TO BE SENT BACK HOME Special by Leased Wire to The Call NEW YORK. Sept. 24. — That the deportation of Paula Klippenburg. the pretty young Viennese actress now un der bond pending decision on, a charge that her landing here was in violation of the Immigration laws, will be or dered this week Is indicated by advices today from Washington- ; Miss Klippenburg*s arrest was caused by Horace E. Miller of Newark, the man she came here to sue for breach of promise. She made a fight against deportation. American. consuls in Aus tria were instructed to inquire into her history. They have done so, but the result of their Investigation vhas not been made public The case occasioned, immigration of ficials much trouble, and is In the hands of Secretary Straus, who will act about the middle of the week. CAMFORMAXS IN* NEW YORK Special iy Leased Wire to The Call NEW YORK, Sept. 24.— The follow ing Callfornianshave registered at the various New York hotels: , - From San Bernard! no-^W. R.:Dowle, at the St. Denis.-, "~, . ;' - ._ . From Berkeley^— C. C. Hall, .at the Park Avenue hotel. From San Francisco— F. B. Anderson, at the Holland;E. Der&ist, at the Her ald Sqaare; D. F. : Cole.* at the .Hotel Marlborough; L. W. Howard and \u25a0wife, at the-StT Denis;'H. Munster'arid^wlfe, at the Belvldere; ,A- E. .Nelson, atUhe Cosmopolitan; Mrs; S. Van '•Wyck,' at the Park -avenue- hotel. .., . » ..•..•.. LOOKS DECEIATE HER SANTA CRUZ, Sept. 24.-^-Spectators at the' depot' here 'were' gfeatly amttsed over a case of -mistaken, identity .when the 11 :35 o'clock train from San Fxan cisco came Jn todayl A^woman,. who had been awaitingthe arrival. of some male relative, suddenly threw her arms around- a man's- neck as" lie * stepped from the cars. .The new arrival 'made desperate efforts . to . escape and 'the hugger, finally saw her mistake. Then she became; angry -and gave/ the man a tongue lashing. - She finally ' found the right manand matters were satis factorily adjusted. , •' ' IfOHEN; A MAN mAM is out with a hammer his liver is doing the knocking. Recommend* % g^ya EaEyadi Jasss Water Before Breakfut * dT\ A NATURAL . LAXATIVE WATER, jffljpfak Bottled '"^fel Avoid substitutes, \u25a0 n aJ{ Bra *jn bß* Q .\ pf *5r3 Avoid '«ubititute» < »o^caireditviCHV;"' offered by unscrupulous dea'.cic THE -SAX FR^NgISCO - CALL, WEDNESDAY, SEPTEMBER 25, 1907. GRAND JURY PROBING ALLEGED VOTE BUYING Former, Captain in Fire De partment; of San Jose -. '. > : in < Jail \u25a0 :" '..] '\u25a0\u25a0 Special by Leased, Wire to, ThcCall SAN ' JOSE,' v -Sept. „ "24.~Th0 Santa Clara county grand > jury thi^ afternoon began its 'official ;; in vestigfatibn; ot. -the sensational charges Tof vote buying and other violations' of theielection laws, which were partially threshed, out in the courts latein the winter. - . Ex-Captain, of the" Fire 'Department L. Amador was before -the inquisitors all the afternoon and .it is understood: he was 'given -a rigorous. •questioning. At the close of his examination- he Avas incarcerated in the county JaiT and : t^o-; night all efforts t to secure "his"; release on bail have failed. It- is, claimed '.at the sheriff's office that! he- Is being held merely as a witness and itliat his exami nation will be resumed in the .morn-, ing.-, j ' .-\u25a0\u25a0-."\u25a0- ' \u25a0\u25a0\u25a0.;.\u25a0:;.:- '.. \u25a0 . - ;.- \u25a0; 5i Fire Marshal Tonkin was also before the Jury , for a. considerable period:^ to day. " ;\u25a0 - .: ; .-r-:-. ;' "-•••' '...-.; '\u25a0'\u25a0 \u25a0'\u25a0'..\u25a0'\u25a0'\u25a0'\u25a0 -\u0084'"' ;V:' Ex- Justice of the Peace I." Herrington of Santa Clara is foreman jof the grand jury. His -brother. is oh trial In thejsu perior court on a'charge r of subornation of perjury. > : [\u25a0 \u25a0 ' \u25a0' ' . PLAJT ; PACKtXO , PLANT DENVBR, 6ept.- 24.^— According- toTan announcement made here today by rep resentatives |of - the ' ,; Schwarzschlld & Sulzberger, company -of .'New York they have definitely-d ecided, to^ build, a $1,000,000 - packlng-Vhouse in # Colorado or in some : state- west.of Colorado. .The party will . proceed >-f rbm v Denver In * a few days biv a'*tour..of '.Colorado.^Utah and Nevada -In; a 110" horsepower auto mobile. ' . %%'%* -'K-:- \u25a0>\u25a0' \u25a0\u25a0 •\u25a0 \u25a0 •\u25a0••;>\u25a0 FIRE RBVEALS*OiTd MISSION SANTA' CRUZ/ Sept/vJi:— A brush: fire on the side." hill .Mn^the'- rear -.of v the Ca tholic church^brough^to. 'sight -.the old adobe . walls>'of.- ( the. Santa Uv Gruz.rnls.-' sion. which had; been x Hidden.: for years.' ' F "';" ' ; 3 C '-w^k- We are- trying pretty hard right along \u25a0 M"'"^«P :^^% \u25a0- to say. things, to the point about our \u0084-- .11?: |-©| clothing; without many extra adjec- . . f I tivesand without any oratoiy at all. f It's just the plain- English— facts— that iPife*'?^ -- Wilt- Wm I ' Wi -'\u25a0\u25a0 -'\u25a0\u25a0'"\u25a0 kr-' " . • ' . .'•' ;- : •-.'"\u25a0/» \- . 1 v iv \u0084- %:- , ttj . W v you are interested in, facts that don t f% " '1%; fli \u25a0 need any ..: help except backing up. y wwl^* "'•"\u25a0 It's a factthat every other clothier would have f^m^MwmM Boiling the whole argument down to one sen- ; '-^ B *]iiiiLi'if iiiiin^iDium'iivt i ' > rT >%1w ''^'' l 4 ii T > - ij j-'' i - < ? 11 u\iifl^u'""* limmm^' l ' m^QWiHßMKwnn+ . ~ BIDS FOR COAL TO BE USED BY FLEET OPENED Arhericari \u25a0 Product Trans ported in Foreign Bot toms CKeapest \ « Special by Leased Wire to The Call -'WASHINGTON. ; Sept; 24^— Bids'- for supplying the \ Atlantic fleet with! coal for" the .coming cruise to -'\u25a0 the Pacific were opened ".today : at . the bureau; of equipment of * the , navy > department." pighteeiV proposals were submitted, arid although some calculation :is necessary to '; determine who v will,; get thereon-" tracts, the bids 1 demonstrate that I the coal; will be sent ; to* the Pacific In r for-; eign bottoms and ; that American rcoal will be purchased. % . .V V. : ]. ,• The proposals stipulate that the «oal is to.be dellvered'by the contractors at various points ;in the "West ; Indies, '; on the South "American Vcoast. and at -Magr-; dalena bay.-. Mare island and | San : Fran cisco. Under one form of ; proposal -bid ders" submi tted estimates for transmit? ting; 5 133,000 tons 7 of WraericaiT seml b'turriinous coal". in .either American .o r foreign bottoms. > The other proposi tion asked for a supply of 120,000 tons of ; Welsh coal. '" : ';>" *; ;' It ; ls-^ evident at , a. -glance -that ' tht price; demanded for..' Welsh coal Is so far In >' excess of the' prlca of American coal* that none but the latter will be purchased., \u0084"': ' .; ,_«• Another fact .which -was brought for ward 'strikingly when the bids were opened today was that .few, if any, American shipswould*be used to trans port, the. coal. .^Practically "all contractors stipulate that : r" foreign-- bottoms be used in sub rnitttng-their estimates to the navy de partment. The contractors (with -ves sels of "American \ve\e unable to carry more than a small por tion of the amount required and; their-'. bids .were far in excess of the dealers con templating the use of . foreign bottoms. • ACCUSED BY KOOMMATE— AMn MsEl <lo_wney was booked at the city prison yesterday by Detectives Resan, and O'Connell on a . cbanre of. larceny, n* Is acctißnd hj--taie rommate wltli stealing a diamond pin and fob September 15. WHALE SINKS LAUNCH WARRIOR IN THE BAY Monster's Tail Strikes -Boat • '^";Off Howard^Street _•:'- Wharf.];; .; The r CrcnvJey. launch '-"', "Warrior. \u25a0'.was s tr uck? by 'A^whale. yesterday -afternoon off^'the | ena -.'of :'-Howardi':stfcet.:: '-Howardi':stfcet.:; wharf and; so badly.daina^ed Jlttsank i >a few : rninuteslafteM^reachingr V-the • boat landing- -at | the -^Howard j street bulk head. >J. Peruzbviich J and 2 Robert : Far-; reily»;were in \u25a0- charge :of * theilauiich.' which iwas ;Tjound: to ;Melggs c wharf, and both I were *In fa*; state ; of nervous .pros tratlorOfor several ! hour 3 after ' reach ing \u25a0 land.: . \u25a0.-.'-. -.-,' '> y: -"- : -.- ..;\u25a0\u25a0\u25a0..-.-\u25a0-.\u25a0•\u25a0 '...• . . i\ , ".The i whale 'struck\without. any; warn/ ing:.. The'Jaunch .was.chooTChoinß' alonff with aj clear :' ahead.* ; Peruzor vtch -was watching " the . engine. * Farf relly^was >t Jthe vafter end. .rolling \u25a0 a cigarette. • . Suddenly ; -the S| launch ; was lifted 'several y feet -and then dropped with- a-.bang.". Farreily thinks^ that the propeller/ struck 1 : the .whale, : for - after the launch dropped the whale struck back s withjhis tall. vThe blow nearly jarred; ;the? engine: from : its' bed- and started planks of the .boat. , ' ._. 1 The (encounter! was witnessed by- the lookouts on ; the; torpedo boat Preble "; and , that speedy ; but • fragile agentjof destruction was moved to an anchorage -beyond the; St. Xouis. V ,: The vWat^r- began to pour .In through the ? open ': s eams of the'VWarrlor, arid Peruzovlch,-. panic letrlcken.; put: -the helm v hard '.-.. over , and /. headed at ' ; full speed ; f or ..-• the \u25a0 boat i; landing, i which ?he reached just "in .time to step ashore before the boat sank. -,-:--' t; : *! " . --- \u25a0 Avoid '.the * "just j as .'good" .article Vor the .f kind ;I- make ! myself"; ; remember the dealer' is working - for-: an -extra profit. Protect" your own .interests and. inslstlon getting the 'advertised article which! Lhas merit.- . : * THREATENS I TO KILL VTIFE— Mr«. Rose 'de Ford.- 615 .'Hayes i>,»treet. obtained a\u25a0; warrant from" Police .Judge . /Welle r Testeniay ,for~tiie arrest ; of ber husband. . WHMami on . » charge of < threatening ber. life.' *Dr Ford had Just com pleted a eentenc«i of ; six months" for battery.; I ON SALE FOR TEN DAYS ONLY ffl» OUR CHOICE COLLECTION OF m O^IEMTAL RUGS i. \\ -ANTIQUE PERSIANS, KAZAKS'.^I Q|}Q£l'-fl ITE •, ' ANTIQUE CABISTANS, BOKHARAS 10 U 'A* U I I? IV " DAGHISTANS, SHIRVANS;- : - D« ftO « MOUSSOUL,^ : . FEREECHANS.' Jl\CyUiar riICCS CARPET SIZES: - - ROYAL TABREEZ, 10x13:6?. .CifgSOiob-^Saltlw. . . .5665.00 \u25a0fr ;KERMANSHAH, 8:10x11:4.... ...5650.00^-5a1«;.....?455.00 SERAFI, 8:10x13:10 .i. ...,..$475.00— 5a1e.... ..*333.50' I ROYAL BOKHARA, 6:9x10.. .. ..s3so.oo— Sale.-. ....?545,00 ! KHIVA, 8:7x10:4. ...... :v3. .^...5195^)0— 5a1e.i....?136.3O i I > CASHMERE, 7:3x10:6....... 1.!;. 5125.00^-5a1e.:.... fST.SO. :| CARPETS, FURNITURE; m|GS s " §|t LINOLEUMS, CURTAINS, DRAPERIES, | WALL PAPER, BEDDING, ETC. ELLIS ST., BET. POLK, AND VAN NESS. SEEK MISSING, CASHIER BATON ROUGE. La., Sept. 20.— Oscar Kondert,: formerly, cashier for a\bank here, is missing.', while .federal officers are searching for him with a warrant charging him with the defalcation o? $604,000. It 13 alleged that the short age was discovered a month ago. but that Kondert and his friends made good their part of the loss. 3