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Steps Are Taken to Prosecute the Men Who Assisted in Abduction of Older — . _ . - . - . -. . \u25a0 .. Assistant District Attorney 7 Heney Will Handle the Case Fremont Older, editor of the, Bulletin, being ia^en frotn the train at Santa Barbara under habeas corpus proceeding! ?} after he had been tjdnaped in Sen Francisco by Luther BroTen and Porter Ashe of Patrick Calhouns United Railroads': staff.'' "Photographed for The Call by Reed of Santa Barbara. " ~ \ £' Steps looking to the criminal prose cution of Attorney Porter Ashe of Pat rick "Calhoun's counsel. Luther Brown of Galhoun's detective bureau. Consta bles Cochrane and Conn of Los Angeles f and' the detective of Brown's staff who Trad a hand in kidnaping: Fremont Older /'Friday afternoon will be taken today '.by Assistant District Attorney Heney, who has taken up the matter. i Heney would not 6tate yesterday what „ the 'nature of his move in the case xvo*uld be beyond declaring 1 that Jf he -\u25a0found a crime had been committed he would see that Justice, was done accord ° fng to the Jaw applicable to ouch an of « frnife, The grand Jury will meet today, however, and there Is little doubt that ;\u25a0 the particulars of the affair will be \u25a0 brought to its notice. This much was decided at a conference between Older, 'his. attorneys and the leaders in trie graft prosecution yesterday afternoon. . o While Older -will be forced to appear in' Los Angeles to answer the 'Charge of criminal libel sworn to against him In a. court of that city, the case against .-his abductors is a clear one, and the penalty for false imprisonment, \u25a0which it is expected to prove against Ashe, jLOther Brown and their subordinates, : is imprisonment in the state penl ••tentiary for a term of from one to ten • : -ye'ars. False imprisonment, as defined ' .in the penal code of California, Is trie ' unlawful violation of the personal llb "erty.of any person. Section 237 of the ..sam« code provides that when such •false Imprisonment Is effected by vio lence, menace, fraud or deceit It shall • Ije .punishable by imprisonment in the • state prison for a term of not less than ..one 'year nor more than 10 years. VIOLATE CODB PROVISIONS /'Sections S22 and S25 of the penal eede provide that trhen a defendant is arrested on a charge of misdemeanor In ..a county other than that In which the warrant of arrest is sworn out the ar resting officer must, at the defendant's " request, take him at once before a mag istrate of the county in which he is ar •rested; .and that he Is then entitled to •. ball- It is also provided that the de fendant has the right to consult Im mediately with any attorney whom he .may desire. . "While the arrest of Older was car ried out tinder sanction of the law, the events that followed immediately after ward" were sufficient to make his cap tors guilty of a violation of his rights ss prescribed in these sections. At the time he was thrown into the auto mobile In Van Ness avenue Older de manded to be taken at once before Judge Carroll Cook or the presiding judge of the superior court. He also asked permission to telephone to his attorneys. Both requests were denied, and this denial is the thing which may land Porter Ashe, Luther Brown and their hired servants behind the gates of San Quentln. Older returned yesterday to San Francisco from Santa Barbara, where, owing to the success of The Call In locating him Friday night, he was res cued from his captors Saturday morn- Ing. He was nervous as a result of the harrowing experience to -which ho had been subjected and declared that he had no doubt that ho would have been murdered had he made any attempt to escape from the automobile In which he was taken to Redwood City. After being: placed on the train Older made every effort to have; Constable Ben Cohn send a message from him to his friends in this city, assuring them that he was safe, as he feared that the news of his disappearance^mlght cause his wife the greatest worry. Cohn finally promised to send a telephone message from San Jose to appease Mrs. Older's fears. "My God," declared Cohn when th« question of sending a message was put ' to him in this light. "I'll telephone to anybody you say." Cohn left the train at San Jose and reported on his return that he had given the message . to the telephone operator at the station and had paid her $1.50 to secure Its delivery to Rudolph Spreckels. to whom it was addressed. Jt was only on his return through San -lose yesterday morning that Older learned that there was , no telephone office at the station where such a mes sage could have \ been left and that It had never been delivered. TELLS STORY OF ABDUCTIOX "When' the automobile containing those constables and' x a United Rail roads detective drew . up at the Van Ness avenue curb Friday afternoon," cald Older yesterday, '1 thought ' to myself that they were . the most ' mur derous looking / grans , I . had . ever seen. Four of- them!: Jumped out. ; read n« the warrant and hustled me Into tho machine. One of them said," 'You've got- to come on to Los Angeles.' I de manded to.«e* an attorney and they told roe, I couldn't have the privilege. Then T insisted on being taken before the presiding judge of superior court here. They _ told . : me, ..they •wouldn't do that, but that they would \u25a0 tak* os bef ore Jud£ o Cock, jrfco &ad Section of the Code Covering Abduction T^OLLOWINO are the pro j~"^ visions of the law under which the abductors of Editor Older may be pun ished: Section 522 of the penal codei Defendant arreated for mis demeanor In another county to be admitted to bail. If the of fense charged la a misdemeanor and the defendant Is arrested In another county the e nicer must, •n being: required. by the defend- take him before a magistrate In that county,' vrbo must admit the defendant to boll, and take ball from him accordingly. Section 825 of the penal code! Xo delay in taking: defendant, before magistrate. The defead - ant must In all cases be taken he fore the magistrate without un necessary delay, and any attorney at law entitled to practice In courts of record In California may, at the request of the prisoner after^such arrest, visit the person so arrested. Section 236 of the penal code defines false Imprisonment as fol "low»« - False imprisonment Is the un lawful violation- of the personal liberty of another. Section 237 ' prescribes the pun ishment for false Imprisonment. False Imprisonment is punish able by fine not exceeding five hun dred dollars, or by Imprisonment In the county jail not more than one year, er by both. IF SUCH FALSE IMPRISOXMEXT BE EF FECTED BY \^OLE^"CE, MEN ACE, FRAUD, OR DECEIT, "IT SHALL BE PUXISHABIiE BY _ IMPRISOXMEXT IX THE STATE PRISOX FOR XOT LESS THAX OXE XOR MORE THAX TEX YEARS. authorized the warrant. I did not be come suspicious until we had passed Flllmore street on the way out Golden Gate avenue. Cohn, who had read the warrant to ' me, was in - the front seat, while the United Railroads detective was In- the rear seat next to me and on -the otner side of .him was: Con stable Cochrane. The United' Railroads man searched me after we' got. In the machine and when I started to make a demonstration . after we /got out toward Golden Gate park he shoved' a revolver against my side and. told me he would shoot If I hailed ; a policeman \u25a0or any body else .we passed. ; I wasn't In the custody of an officer of the " law then but the prisoner of Patrick Calhoun. EXPECTED TO , BE KILLED *'I fully expected to be taken to some out of the way place beyond the park and killed there, ami I have no doubt they' would have shot me if I "had at tempted to" escape.,^ They seemed to be looking for an opportunity," for they gave me several '-chances to make a break. The: numbers : had , been taken off both automobiles . and : when I ' told them I believed the whole thing was a Job the men in the machine with ) me pointed ahead to the other one and said. There's the boss ; in , front — Luther Brown.* I didn't know .1 Porter Asbe was ' with Brown ' until we . got *to Redwood City. They took •me into I the diner and I first spoke to Ashe -there. I was afraid to . make any ; outcry; f or :\u25a0 I knew they would flash those warrants and insist that I had been legally; ar rested. Ashe later came to the state room to:talk to ; me, and when I told him that , he had made a bad mistake and that this thing '_ would kill I Ford's last 7 chance 7of - acquittal he became greatly.' worried 1 and morose." At Santa' Barbara, .where Older was resoued \ from : the ; train, public t eontl ment ran high against the captors. Dr. Williams, a well \ known citizen of .that place, offered r Older.- the use of \ all : the money, he had ln: ; the bank and .then turned toward '; Luther ; Brow n' and ; told him that If his plothad.beeh hatched in Texas' it . would -have .meant 40 feetjof hempen \u25a0 rope ;-, : for/ him. \u25a0 ' Manxl ; others' offered -to* assist Older; or.: go on?hls bond«.*^HPHMBMBBH '\u25a0 „" -. ' y , JTtie rescuj>*t San t» Bart THE7SMv::FRANCTSCO7CM;L;jaiPN^ the end of Luther Brown's attempt to complete the abduction,: .-however. When Older went before Judge Crow of Santa Barbara,:who had issued; th"c write of habeas corpus at: an earlier hour In the morning 1 , Brown was forced to accompany the ; ; party, and taking advantage of the; ; first - opportunity; sought Judge Crow alone in his cham bers. According to the details ofithis interview, made public afterward by Judge Crow, Brown, who 1b a lawyer as well' as a detective, made every et; fort to program him. Judge Crow had alrlfcdy been made familiar with « the facts of the case and refused to coun tenance Brown's endeavor,. to j influence him. There was an interchange of hot words, which tended in Brown's being peremptorily ordered out of the Judi cial presence, and his Insistence caused him a narrow escape from a Judgment of contempt of the authority of the court. \ _ Another incident supposed, to", be re- : lated to the ' United Rallroad.s', activity In spiriting ;away witnesses"-" against Ford and the other . indicted officials came to light "yesterday. The pro prietor of the haberdashery firm of Hirsch & Co. of Flllmore street, where Ruef secured j the shirt box in which the trolley bribe 7 money : was : taken from the mint, ia inTßurope./ Hirsch is Ruefs uncle and. was to have been one of the witnesses against Ford. He sud denly decided to take the European trip and Is now in Paris. SHOOTS BROTHER BY MISTAKE FOR RIVAL Special b\) Leased Wire. to TfieCall SAN BERNARDINO, Sept. 29.—Be lieving that his wife was entertaining a man late at night 'Perfecto Marlejo, aged 30, shot and instantly kllled^his | own brother, who was in* his own house near Colton at 2 o'clock thls^morning. The slayer, when he had discovered-his horrible mistake, walked to' Colton and gave himself up to the authorities. Perfecto acknowledges thatj he had been drinking.but claims the light in the window andj a man's shadow out lined against the curtain drove him ' In sane with jealousy. .His and^ his broth-" er's houses are very much- alike. ln ap pearance and are similar to a number of other houses 'ln. the street. } r" In his 'drunken ,3 stupor ; Perfecto : be lieved a- man was In /his i house. .-rHe drew., hln six -""shooter as he rushed'lnto the yard : and .peering through • the : key hole he could seeHheback of a man: di rectly in line with the door; -He took as accurate aim as possible and fired through the' door.'' - 7 "- It was a dead center shot. .The bullet went 'S through the ,; breast, passing clear through* the body, and the victim fell to the floor without a groan at the feet of his screamlng^wife.: Per fecto then burst open' the'i door /and leaped Into \th c * room; ; prepared *to * Id 1 11 his \ wife also, whenjhe was.horrifledUOi recognize'. the? woman who had tlirpwri herself, across, the; body : as? the^wife of his brother..;/ 7 .^ JuT /Without a word he turnedv/and left i the ! room" and going } back to" town ; sur rendered v and l told j , his '."story of the shooting.. The ' Spaniards « believe they are Justified t0 .." a7 certain extent sin treating , unfaithfulness iwlth f death v and the; murderer believes that: he', will 'not be; severely, dealt "with because* he hap pened to make a mistake. " v " , UNMANNED SLOOP DRIFTS MYSTERIOUSLY ASHORE ; SAUSALITO, £ Sept. 129,-^A 30 foot slooplwas^discovered^thistrnornlngf on the rocks /.near town/..' having;: been washed or, run" aground there some time during^the^nlght. .; , ;• . ,; j- \u25a0r:Nothing < was ; on board ; which would leadito the flhdlng]ofithe;dwners.^;The craft was ? newly/ painted '"and , the , rlg glng/showsjbut,littleswear..- No; name of anysort ,was;found on the boat. *\u25a0-' 7> LOVER : KILLS - HIMSELF " SAN. : LUIS i OBISPO; ; Sept 1291 29^ T Roy M oor*. ; a young , man employed j at! OiK port,' - committed r, suicide w; ; tonight /: by •hooting himself through ";the- head while \u25a0 seated? in ha'4 restaurant slns ln this city.// It :\u25a0 Is believed "[ that disappoint ment: in a love -affalr7 was : the motive of: suicide. ' . . . - : ; : ATJXO > ; CRANK 4 BBEAKB / ? AKK— Alameda; Sept.' 29.— Alb«rt ' Steinginger of .1721 • St.* Charlea ; \u25a0trc«t' •uff«red Za \u25a0 \u25a0 broken s right arm ytwttriav < yrhtn I tht I crank \u25a0 on f an I aotomoblle % tew I b»ci teklle i* .vas .tzjlag to «t«st tb* cuUu^v • PRESIDENTIAL SPECIAL IS OFF FOR THE SOUTH RboseveltLeayes Capital for Lbng'Speechmaking 7 Toiir; POLITICIANS AT SEA Wonder Whether Chief Ex ecutive Will Discuss Third Term >: Special by Leased Wire to The Call «•': NEW /YORK, Sept. 29.— The Herald's Washington - epecial says: ,In his spe cial train of three "cars, .on the first long trip he has. undertaken under the appropriation of 125,000 for traveling expenses,7 President Roosevelt staffed tonight 'at 7:80 o'clock 'over the Penn sylvania road for the west and. south. He goes at a time when"; the belief that he \ will • be ; forced Jto ;• become ; the can didate of j his party^next year is strong er} than \ at ; any time '• since rhe j made ; his declaration on election," 1 - 1904,:- that/un der: no 'circumstances * .would 1 , he accept a_ renomination.' _ Wherever., he \u25a0" may \u25a0' go on -his -tour 'he will = meet ithe question suggested by the y, Herald's ; recent editorial." .. 7 .V "Would It not be.-bette*rto have' Mr.' Roosevelt chosen pfesldeht again and vested with .direct^; responsibility, than to ; have him Vdictat«.^ the/ nomination fof anotherVand .be supreme; in ; the' White House , and dominant in; the ; senate?". 7 . r All £ through the .middle : west and : the Missisßippi valley, according, to reports that"- come here through -; members of congress; and otherk.vine crowds .that greet; him will be waiting -with/much eagerness for some expression -on the "seconS elective term" question— for some , wordjndlcatlng, a change of mind or an adherence to his former declara tion. It is reoogniied-by/both parties that ; this is I at . the present . minute the supreme question inpolitlct., ..'• ': REPUBIiICAXS AT SEA Xo one; seems to doubt that' Roosevelt jWill be a candidate in 1912 should he not run in 190S, and;yet;at the present time it is said to-be Impossible to corw I centrate the thoughts jof republican voters on. any otherj-favorite son" to a decisive degree. Thus the country is in a deadlock, all other, candidates are In the -position ''of "second Nihoice" and all arcH looking tor the president :to ,do something \u25a0 which will ' atop \ this agita tion r about himself; for,, the nomination next year or end the uncertainty, notify the other aspirants and clear the track. 7. There Is a ' feeling j hefe Ithat Roose velt ; will not make any declaration on the subject of his future Intentions. and will stand for. the present , on his elec tion night declaration. Members of congress who- have, seen him since his i return .from Oyster, Bay say that he seems' to be more deter mined than ever. not to run next year. At the same time . they appear, to agree that he Is . tlie man/ who - must face boldly 1 the position of running again and trying to carry to completion his policies in^person rather than by proxy. KAXSAS FOB 1 TAFT » - Each of these members -of congress speaks for' his owij state. : Each says that , his ;own state : wants .Roosevelt. There are a few scattering exception?. One -of "j these :Is said -to' be Kansas, where 'some "of the leaders say the state is for, Taft. : 7 At the same ,time there has been: no test of sentiment'; in ; Kan sas. Just north of Kansas, in Nebraska, the republican organization < the * other day declared for-; Taf t, ; but Senator Burkett,'.who saw the president'yester day; says that Nebraska; notwithstand ing that action, sincerely desires Roose velt to-run. They want ;the; president and not a Roosevelt "proxy," and talk of using "force." v In his swing around the/ circle the president will make speeches at Canton, Ohio; Keokuk.^lowa;; 8t TLbuls, . Mo.; Cairo, 111.; Memphis } and Nashville, Term.; and Vicksburg, Miss.,* returning to- Washington; October 23. . ;-.;;, :This .\u25a0 ambitious speechmaking \u25a0 cam paign certainly; will give' the president a good chance ;to test his popularity for a third; term, and wise onesb*elleve the trip is made with no other thought. Prepares for Huge Throng to Witness the Dedication Canton Is Goal of 75,000 Who Will Martyr President . CANTON. 0.. Sept.- 29.- T Canton »ex pects 76,000 visitors;- tomorrow,;' when the president j of the United \ States and many other i distinguished persons : will be 'present 'to , participate In • and wit ness the '; dedication >of > the McKinley monument.!: i Ample: preparations have : been \ made jto ~ f eed the - multitude : and every, opportunity 'will be given visit ors to see /the parade.'- '-'; V . \u25a0 The; railroads "operating lines t in* this city announce .that'; more " than 60 special trains,, will be run,: carrying United' States infantry : and "cavalry; Ohio national "guardsmen,- civic organi zationa and citizens from all parts- of the nation. V > ' V f •;" Word \u25a0 has been : received that all the trustees r of i the', McKinley - national "~ me niTorial? association* will ; be present.- The vice - president, members of f the : presi dent's United States senators; congressmen, s governors \u25a0 of : states, rep-: resentativesVrof \u25a0'; foreign governments and; other 'notables also will be. here."-,;. Trip Will Take President V Into Vardaman Stronghold Memphis 'and ,> Vicksburg, Foci of : "Solid SouW' Polities t r: Special by > Leased Wire to The Call' ; RICHMOND, Va., Sept. 29.— The state ment 'credited %>'; recently to ; " President Roosevelt at , the : opening, of i the" Jamesf town ; exposition that'; he would" accept f a thirdt term fin the? White! House; ify.ne : was - ; assured? that; he could - break : the ! H<|OD FOOD and constipci- tion are ill-mat(Kl companions. On arking and enjoy your food. LJ A NATURAL JHL LAXATIVE WATER. at the Springs. |^^, Avoid substitutes. |fflfin| I Try them for lunch | I and you will have them I II for dinner. '.II I The most -nutlitious | Iff sf^^in^ ; i ffi &Eft* In moisture and \\ m pS% dust proof packages. M || NATIONAL BISCUIT COMPANY I& i^ . ;\u25a0 ', ; .1 solid south by \so doing was recalled here on -.the; eye of the president's de parture for the west and south. :The impression prevails that to sound the people :of the southern states on this . question is one of the principal objects of the* trip. According :to the itinerary as an nounced ; the ;; presidential special wiir begin at one extreme. Canton, Ohio, the home' of : the ?late President McKinley. where democracy, hardly shows Its head, and end, at iVlcksburg, Miss.; scene of one of the greatest conflicts of the civil war and a principal city in "the state presided over -by Governor James K. Vardaman. The latter is the most radi cal of the anti-Roosevelt leaders In the "solid south." Also in that ' State lives John ; Sharpe^Wllllams, recently elected to' the: senate over Vardaman and con ceded ,to bo one of the most conserva tive^ of; southern statemen in congress. ; ; Some; V years ago when President Roosevelt .visited >, Memphis, \u25a0'":\u25a0 Term., which community had been a stronghold for McKinley, his reception .was a veri table rfroet ' because of the', then recent Booker^ -Washington"" incident.- Since then; the : feeling toward -Roosevelt- in Tennessee ; has : undergone ? a . gradual change,,* and' now, : it' is -predicted, he will; be; accorded a cordial .welcome.*. ,':? It -is £ considered ? significant \ that the president, has; selected these two po litical foci of the south, Memphis and , mm Enough to stretch one-third the way around the world. This in gUf represents the, quantity of blue ribbon used by the Pabst fjil EUI jfl^ißl Brewin g Company of Milwaukee during the past pji Hw ll^^^M y^ 3ll - About six inches of this blue ribbon is igpf |H ii^^^ stamped in gold with the words "Guaranteed 111* |3& J^dffimM Perfect" and wrapped around the neck of each »§ EvJbhH r* **: i*i^*.*^"*t*^S?» *?% * \u25a0'*•\u25a0"\u25a0 K^2?lsv bH/M'- "•^\u25a0^^^lbA Some idea, of the popularity of this famous fcjj wIIM brew may be gathered from the size of this pi mM ' The blue ribbon is the mark of excellence f| $$'\u25a0 Sl^^^^^l and is used only on Pabst Blue Ribbon. It * \ fm "M^^^^^i the . maker's pledge of quaHty and your ||1 &W "When you order beer, insist upon En H J^^^ having Pabst Blue Ribbon. You |f| K^^^^^^^k Can reco^ nize th e bottle by the blue J&M pl^^^^^^^Vt^ ac^ e P a^ s^ a^ Milwaukee rag! i^m^^ oor^^^^^^ And Bottled only at the Bre\vcry. j^S Vickeburgr, for a trial of hit strength with the people south of the "line.". Party Includes Secretaries Loeb, Wilson and Gariield Surgepn .General Rixey of Navy . Also on Board WASHINGTON. Sept. 29.— With a hearty "groodby and good luck" Presi dent Roosevelt left here tonight at 7:41 in a special train over the ; Pennsyl vania railroad on his western and southern trip. Accompanying him were Secretary Loeb,. Assistant Secretary Latta, T. H. Netherland. Surgeon Gen eral Rlxey, United States navy; Secre taries Wilson and Garfield, representa tives of the three press associations and a " photographer. The first stop will be Canton, 0., to morrow morning', where the president is to deliver an address at the dedica tion of the McKinley memorial. From Canton the party will leave in the af ternoon for Keokuk, la., which will be the starting* point of the '\u25a0 president's 'trip 'down -'the Mississippi as the guest of the inland - waterways commission. leaving Canton the president will deliver several speeches, , the first of these being at Keokuk on Tuesday. On Wednesday he will speak at St. Louis, Thursday at Cairo, and Friday at Memphis, from which place tha start for the canebreaks of Mississippi and Louisiana will bo made. On the return trip to Washington, where he is due October 23. he wilt deliver : addresses at Vicksburg and Nashville. GREAT BRITAIN WILL SEND FLEET TO PACIFIC Battleships and Cruisers to Ba Sta tioned at Esquinialt for vx Indefinite Period VICTORIA. B. O, Sept. 29.— A special cablegram Jrorn .London, En? 1 ., says Great Britain .-will send a fleet of fir» \u25a0warships to Esqujmalt , early naxt spring, follotwlnff the coming of th« United States squactron 'to tha Padflc Whether they will Temain for * year or permanently was not learned. On» will be a small battleship and two will be first class cruisers. Iltmt'ajc tbe lilc "Horn Is the title of an interesting artlcl* by Arthur -W. Xoith, telling of hla ex periences with the sheep, on the moun tains o* Lower Calif oruia in Sunset Magazine for October. • 3