The San Francisco call. [volume], September 30, 1907, Page 3, Image 3

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

Image provided by: University of California, Riverside; Riverside, CA

                
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 Ȥ
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