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