The San Francisco call. [volume], February 22, 1908, Page 2, Image 2

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

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

                
2
- *onal reception of his recent proposal,
regarding an affidavit as that of "a
• crazy man."
Murphy declares that Wise- has not
lived up to his duty or oath a* an
attorney and that his conduct should
/ be brought to the attention of the
bar association.
Wise explains that his interest in
the matter simply has been to protect
. Dr. Nieto In an embarrassing situation
and pre\ r ent h!s connection \u25a0with the
Ruef case being misunderstood.
Dr. Nieto asserts that Murphy has
broken confidence with him and that the
unsigned affidavit made public by Mur
phy contains matter which he has not
assented to. ;'"
Rt'EF'S AID FOILED
The trouble which culminated last
r.isrht began Thursday n:orning In
Judge Lawlor's court, where evidence
concerning Ruefs Immunity contract
was being introduced by the defense.
An effort was made to obtain an affl
• davit from Dr. Nieto, who refused on
the advice of Attorney Wise to affix his
signature to any such document. Wise
jippeJtred Dr. Nleto in court and
explained that Dr. Kieto merely wished
! to avoid being plac«*d in the position
of giving any written statement to
*»Ither side, although he was willing to
appear for examination by both etdes
v to all facts within his knowledge.
Ruefs attorneys asked Judge Lawlor
to peremptorily order Dr. Nleto to
make an afflflavit. which the court re
fused to do. although stating that af
ter all evidence of both sides was in
h*> would consider the request. The
affidavit was prepared in Henry Ach's
offlc* Wednesday, and in making it
public last night Murphy declared that
It had been gone over step by step and
agreed to by Dr. Nleto.* The lattende
nfed this, eaying that he had not made
a thorough examination of the lnstru- ;
tnent nor given his sanction to Its al- i
• legations. i .
Murphy's written statement, which
. nrcompanied th«» copy of the disputed.
Instrument, is as follows:
"The affidavit In question was pre
pared during a conference with Dr.
\u25a0 Ni«"to covering several hours, during
j which Its every sentence was eiam
'. JnM separately and subject to the
: closest scrutiny by the doctor, so that
I no possible mistake could be made.
This conference closed at 6 p. m. last
Wednesday night and Dr. Nleto was to
sign the same at 8 p. m. the same
evening.
f ATTACKS XIETO'S ADVISOR
'"During the intervening time hoi
•Telephoned to my colleague, Mr. Ach. ]
'declining to sign the same without ex
planation. It now transpires that the
doctor consulted Mr. Wallace A. Wise, I
an attorney of this city, who has ad
vised the doctor that he should not
make the affidavit, which Is conceded
to state the facts, for the reason that
it would majce the doctor a voluntary
witneps and put him in the attitude of
taking sidesjn the matter at issue.
"In view or the unprecedented order
of Judge Lawlor, by which we are not
permitted to use the process of the
court to compel witnesses, though un
willing, to be brought into court and
• . state facts relating to the Immunity
contract and the midnight meeting
with Judges Dunne and Lawlor, this
advice of Mr. Wise, a lawyer, Is ex
traordinary.
"By the oath which each attorney is
required to take It is his duty not to
suppress the truth, but to aid litigants
and courts in arriving at the truth,
and an attorney xj^io gives advice
which results In suppressing the truth
and depriving a person charged with a
felony from the benefit of testimony
which may aid the person so charged
In the assertion of his constitutional
rights, deserve* the condemnation of nil
honest men and is not fit to exercise the
duties of an attorney. Indeed, we are ]
seriously thinking of calling the at- j
tention of the bar association to Mr.
Wise's conduct In this case.
"Dr. ICleto can not be blamed, of
course, for his attitude In this matter,
because he was governed by the bad
advice of his attorney. The doctor's
conection with this affair has been. 1
think, actuated by the highest motives,
and we have no fault to find with him.
"Judge Lawlor's ruling that we must
submit our evidence by affidavits will
not prevent us presenting the facts of
the disgraceful conduct of the prose
cution, though some of . the parties
doubtless will be very unwilling •wit
nesses. This Is evidenced by the con
duct of Judge Dunne the other day,
who acted like a crazy man when 1
asked him for an affidavit as to his
midnight participation in the immunity
contract."
WISE ANSWERS MURPHY
When Wise was informed of the at
tack made upon him by Murphy he re
fused to answer the charges made by
the latter at any length.
"I do not care to enter Into any con
troversy with Mr. Murphy, though of
course his statement is very broad and
' ill advised." he said. "The fact is that
I appeared with Dr. Nleto In court and
cdvised him as I did In an effort to
save him from an embarrassing posi
tion. Both sides knew from printed
statements what he would testify to,
and he did not want to be pnt in the
position of appearing to aid either side,
as any action taken by him certainly
would be construed in the layman's
mind. I am not in any manner endeav
oring to suppress anything, and Dr.
Xieto is particularly anxious that
everything concerning his connection
in this matter be made known. Ho
does not wish it to be made known,
however, through tr.e medium of an
affidavit given to one side or the other,
which would make It appear that he
* was acting in the interests of that
side, but by appearing In court and an
swering any Questions which either
side might wish to ask him.
"Evidently Mr. Murphy made his
statement with the intention of stir
ring up a controversy, but of course
I do not know his real purpose. He
knows, or ought to know If he knows
anything, why I acted as I did, and
I do not care to pay him the compli
ment of a reply. I am averse to any
controversy In the newspapers and will
not dignify his attack upon me by an
swering it."
A'IETO AXGRY '
Dr. Nieto himself repudiated 'Mur
phy's actions and statements In a
sweeping manner and asserted that it
was preposterous for any one to be
lieve he was attempting to suppress
anything, or, on the other hand, that
he had ever acted as a friend of Ruef.
Hl£ connection with the immunity
deal, he declared,. was solely In the In
terest of the public welfare and he
had never aligned himself with prose
cution or defense.
"There is , no foundation for such an
attack on Mr. Wise as Mr. Murphy
has 'made," said Nieto, "and It was a
breach of confidence on Mr. Murphy's
part to make public the affidavit which
I refused to sign. He had no right
to give it out. as it had not been fin
ally gone over by me and contained ;
statements for which I would - not '
stand sponsor. His action is abso
lutely unjustified.
"I do not care to discuss this mat
ter, however, for I have been con
stantly misrepresented by being made
to appear as acting. in Ruefs Interests
and behalf and as his friend in all this
matter, which I never .was. * Such
statements are preposterous- and are
not fair to me. I have only acted as
tbe friend of civic cleanliness . and
have not taken sides In' this case.""
The affidavit which 'Rabbi Nieto re
fused to ; sign and which Murphy has
made public contains a* long account of
events, purporting to have been, con
nected with the making and breaking
of the immunity contract. Its sub
stance is concerned with practically
the same facts that have been ; devel
' oped ?in other affidavits filed - in- Judge
DEFENDS DECISION,
NOT THE EX-MAYOR
Contlnocd from Pa«« I,,Colamn 6
to form a shield for a man guilty of
crime, and the sole ende.avor of the
authors of the brief is clearly to defend
the trend of obscure technical reason
ing by which the appellate courtsar
rived at the recent decision which
stirred the whole country with amaze
ment.
On the front cover of the brief, glar
ing in red ink above the title of the
document, is a quotation from an opin 1
lon in a California case, which stands
as an apology for the very existence
of such a brief in that it attempts to
show the defendant in the light of an
oppressed individual who has fallen
victim to an Interpretation of law
strained to suit the purposes of court
and prosecutors. The quotation Is:
"Constructive crimes — Crimes built
up by courts with the aid of inference,
implication and strained interpretation
— are repugnant to the .spirit and let
ter of English and American criminal'
law."
Several pages of the brief are given
to an attempted refutation of the wide
spread criticism that has been directed
toward the opinion of the court' of ap
peal reversing the Schmltz conviction
and declaring the extortion Indictments
defective, and the action of that court
is loudly championed. Excerp^fi are
quoted from opinions of judges who
have found It necessary to defend
themselves against adverse public senti
ment, and the opening paragraph of
this section reads:
"With respect to the attacks -upon
the court of appeal, of which this court"
cannot be insensible, but which counsel
for respondent have permanently mem
orialized In the petition for review,
there need be no reply other than to
restate the conceptions of the duties
of a Judge declared^ by judges them
selves the object of similar assaults-.
This we do only in reply to the peti
tion for review and with the full
knowledge that it is unnecessary, for
either the enlightenment or persua
sion of this court."
The quotations are portions of tne
opinions of Lord Mansfield in the sedi
tion case of John Wilkes, of Chief Jus
tive John Marshall at the trial of
Aaron Burr, of Justice McKinstry in
the case of Houghton against Austin
in this state, and a response by Justice
Thornton of California to a memorial
presented to the court on the death gt
Samuel Bell McKee. '•\u25a0;--
The answer filed in Schmitz's behalf
by Attorneys Campbell, Metson.- Drew/
Barrett and Falrall deals with* only,
one of the three questions left To/.the
consideration of the court of appeal,
and with only one phase of the state's
application for review. The question
of error alleged to have been cdm-.
mltted during the Schmitz trial is, not
touched upon, and no response is.made
to the claim of the state that Schmitz's"
appeal was prematurely taken and was
therefore illegal. The only subject
considered relates to the sufficiency of
the Indictment on which Schmitz's
trial and Abe Ruefs plea of guilt
i were based and which the appellate
court declared fatally defective.
The. substance of the brief is purely
technical and largely a resume' of the
arguments heretofore made on the sub
ject of the sufficiency of the -indict
ment. The'- wording of the indictment
Itself and the. construction of the
statues covering extortion are made
the only points of attack. It is claimed
j that the Indictment was defective be
cause it did not allege that restaurant
keepers were required to have a license,
and that at most it only charged a
threat to prevent the issuance of a
license and not a threat to harm any
actual existing property or business.
There Is an extended argument con
cerning the construction of the words
"unlawful Injury" as used In the penal
code, which is merely a continuation of
the controversy over those words which
has achieved such magnitude since the
appeal in the Schmitz case was taken.
Jfickey Club Stewards
In Lively Row
SPECIAL DISPATCH TO THS CALL
NEW YORK. Feb. 21. — There is ft
warm row on among the stewards of
the Jockey club over the showing of
the white feather at Albany at the
hearing on the Agnew-Hart bills' for
the suppression of gambling at the
racetracks.
James R. Keene and Phil Dwyer have
taken to task August Belmont, presi
dent of the club, for his promise to
"reform" gambling at the race tracks.
They gave Belmont a warm half hour,
hauling him over the coals and roast-
Ing him to a turn for betraying the
alarm felt by the racingmen .at the
overwhelming public sentiment In
favor of enforcing the constitutional
prohibition against gambling.
. "So this is what you're doing?' ex
claimed Dwyer angrily to Belmont's
face.
. "You have made us responsible for
the betting ring," said Keene.
"Our position has been that we have
nothing to do with the book makers,
and you stand up. and tell the* v public
we'll reform the ring."
Sealer and Carroll
Fight a Draw
SPECIAL DISPATCH TO THE CALL
BAKERSFIELD, Feb. 21.— Kid Sealer
of Spokane and Joe Carroll of Salinas
fought 20 hard rounds to a draw to
night before a big 'crowd. The sympa
thies of the crowd were with Carroll,
but Sealer forced the fighting? at all
stages of the game. The decision of
Referee Sam Ferguson of this city was
received with enthusiasm. , .
Though Sealer kept boring In, Car
roll fought to good advantage and beat
the rushing northerner back time and
again with volleys of left jabs and an
occasional tight uppercut.
Lawlor's court and deals with Dr.
Nieto's connection with the case as re
lated by him in his . public statement
given out several "weeks ago. '
The document contains 'several thou
sand words of typewritten matter and
it is supposed -that Dr. Nieto's ob
jection to Mt as it stands is Invrela
tlon to the manner in- which certain
details are dealt with.
HALSEY STILL TOO ILL
Theodore \u25a0. V. Halsey is still too ill
to appear in court and yesterday Judge
Dunne . granted him another contin
uance of two weeks. The motion to set
aside the \u25a0 second indictment charging
Luther; G. Brown "with subornation* of
perjury, under submission to j Ju'rfgo
Dunne, was ; continued two weeks ,* for
decision. • The series ,of indictments
known as the "gas cases"/ were" before
Judge Lawlor yesterday .to be set ! for
trial, but on ( the motion of Assistant
District Attorney O'Gara were ' contin
ued " two' weeks. \u25a0', The : defendants/,* in
these' ''Cases: are: Eugenic E. ' Schmltz,
'Abraham Ruef, F. G. Drum; Eugene de
Sab I a and John Martin. ""„
The county of London covers 75,442
acres,, but the London police area Is
443,421 acre*-- : ' \u25a0 '\u25a0> - \u25a0- '\u25a0 \u25a0 *\u0084.'..";\u25a0..:.'._\u25a0 ;;.;/\u25a0 •..•
THE SAN mt ANCfeCO CAIi f i, S ATPRDAYv >EEBRtTARY ' -22, 1903.
Peikins Justifies Upbuilding of /he ftayy
SENATOR UPHOLDS
GREAT NAVY POLICY
Perkins Significantly Compares
Strength of American an<F
Japanese Fleets
WASHINGTON, Feb.. 21.— Senator
Perkins of California today spoke, in
the senate in Justification of expendi
tures for the upbuilding of the Amer
ican navy and of the policy of sending
the fleet into the Paclflc'ocean. He re
viewed the achievement jof the : navy,
and said that it was the most popular
branch of the government service. \u25a0 His
remarks were directed to a resolution
which he had read at the desk as fol
lows:
Reaolred. that it should be the policy of this
povernment. while not adopting a continuous
program fixing the number of naval vessels of
any type to .be * built - In future years, to main
tain its present relative position in comparison
with the navies of the other .great powers. .
"When the fleet now on Its way to
San Francisco is joined by the' other
effective ', vessels on the Pacific," he
said, "we shall have a 'fleet of 18 bat
tleships, 8 armored cruisers, 13 pro
tected cruisers, 13 destroyers, 5. tor
pedo boats and 2 submarines. The bat
tleships and cruisers alone aggregate
423,172 tons, while the other naval
power on the Pacific — Japan — has only
374,701 tons in all classes of vessels.
The Pacific fleet will be amply able to
protect our interests in that ocean."
Attention was called to the unbroken
record of bravery which the navy pre
sents from its earliest beginning, and
on the Pacific those who man the ves
sels .will have the examples of Com
modore Sloat, ..Admiral Kimberly and
Admiral* Dewey, for Inspiration.
GROWTH OF XEW 2VAVV
The senator sketched the growth of
the new navy from 1833 to the present
day, when the United States ' has be
come the second sea power in the
worM, surpassing France by a small
margin in the strength of our fighting
force and far' outstripping Germany,
Russia and Japan. , And this lead, he
said, the United States Is easily able to
maintain. By authorizing only two
more*; battleships of the big gun type
this nation would still lead France by
40.000. tons In sea fighting force.
-.Reference, was made to the change
-the .character of battleships which
resulted from the \u25a0 lessons of the naval
'engagements during the Russo-Japan
ese war^which taught the independence
of big ships carrying big guns so that
a'lgreater weight of metal could be
brought within a shorter, bittle line.
Hence 'all the naval powers are build-;
Ing ships carrying only 12 Inch rifles
for offensive purposes and a compara
tively few small rapid' fire guns for de
fense against torpedo attacks.'
EXPENDITURE NOT UNPRODUCTIVE
"The cost of the ships for the new
navy, built, building or. authorized Is
$309,359,190, while the total expendi
tures on account of naval establish
ment since. 1883 Is $1,244,651,029." said
Perkins. "But this vast expenditure Is
not, as may be claimed by- some, un
productive. \u25a0' . . .' ''* • ' -
"The construction of the ships of our
navy, gave such * stimulus to, the; Iron
trade that more mills were established,
better material was 'produced, ,:n/ices
were lowered and-ilroriiiand J3teelcame
Into, general .use -in: all - kinds -of- con
struction, so that now we are the
greatest iron and steel manufacturers
in the world. In 1880 there were only
140,000 wage earners In the iron arid
steel industry of the coutnry, earning
$55,000,000 and turning out products
worth $296,000,000. In 1905 there were
857,000 wage earners,: earning $582,
000.000 and; turning, out products worth
$2,176,000?JQ0." The average wage In
creased from- S4OO to $500. '.The aver
age wage of- workmen in the iron: and
steel industries will , today more than
pay the cost of all the vessels our new
navy built, building or authorized, and
a half the value of the iron and steel
product for a single year will pay- the
entire cost of the naval establishment
since 1883. That the encouragement
given this industry by the construc
tion of ' ships . of war had a very po
tent influence >in bringing about this
result cannot be doubted. And there
is hardly an industry in the land that
has not been benefited In a similar
way, though not perhaps In so marked
a way. The .money expended on the
ships of war was not, therefore, an
economic loss Judged by a single trade
alone.*.'. '; -
The senate adopted the Tillman res
olution authorizing the "attorney gen
eral to prosecute the transportation
companies of- Oregon that . have re
ceived \u25a0 public lands- and have violated
the terms of the grant.
The senate adjourned, at 4:10 : p m.
until tomorrow,' when Senator .McCum
ber of North [ Dakota will f, read Wash
ington's farewell address. .
ANNUITIES FOR EMPLOYES
WASHINGTON, Feb. 21. — The presi
dent today sent \u25a0to the senate a report
from the Keep commission;recommend
lng. the retirement-: of -superannuated
employes in the classified civil service
of the government. «' A bill'accompany
ing the report/approved by the civil
service reform league,'.': provides for a
deduction from the employes' "salaries
oif a sufficient to
create a fund to pay 'annuities equal' to
1% per.' cent of such salaries. Retire
ment ages are from 60>to 70 years.
TO PROBE LAND GRANTS
WASHINGTON, 21— The TilN
man : resolution • instructing • the \ attor
ney general to prosecute suits against
the. transportation companies >f Oregon
which have ; received ' land 'h grants % and
have hot "complied with > the terms 'of
the grants today was 'called up by Sen
ator Fuller, and adopted by .the senate
without debate. :
CALKINS PURCHASES
SACRAMENTO UNION
Pioneer Newspaper Will Be
Used to Protect the
"Higher Ups"
..The Sacramento j Morning s Union,: one
of the; oldest < newspapers t; .ln\ California;
has '.been purchased^by .-"_\u25a0 the Calkins
newspaper syndicate and, will be. welded
as an link ! Into \ the*; chain ; of
newspapers; and aperiodlcals vbelng^bullt
up by the; syndicate". for politicallpur
poses and the protection of the "higher
ups." J - <:> r -' \u25a0\u25a0\u25a0:}' '"\u25a0\u25a0. i 7,'"''. .''..% .'•-\u25a0"'.''\u25a0'.\u25a0..'
.The purchase .of j the \u25a0 Sacramento
Union follows r fast 'on ;. the^heels of : the,
acquirement ' of ttheiFresno^Herald; and
was .• a>: strategic * move -, : of £ much \u25a0 Im-*
portance - by, ; reason ;s of the '< length f of
time the 1 Sacramento ?;.Unlon " has £ boon'
identified with / Calif orala.7 -The /paper
was established; ln i the ) early \u25a0 sixties. -It
was \u25a0for Ja ' time * known ' as the : Record
Union,-! having • effected \u25a0 a merger with
the Record!'-'.,: .- r* \u25a0'»'» :-,"5: -,"5 '.>*"\u25a0 '\u25a0r'-.'A -\u25a0•.-. \u25a0 X "'\u25a0 - :^ :
;i7iWillard : { P. ,iCalklns>; president of .th«
Calkins'* newspaper,' syndicate,^ said last
night -that; the i purchase -price; was
about $175,000.'HCalklns*deniedjthat the
Union' shasbeen'jbought |f or,,'any' other,
than ' business \u25a0 reasons ( it ; was
simply an ~ Investment ; venture ', on -. the
part 'of " the v »yndica,te. li'::i ."/; , ,; .: i!i > \u25a0„-. ..;
AMENDS LINES FOR
SAN PEDRO HARBOR
Senator Flint's Resolution Lim
its Extent of Piers and
Wharves
WASHINGTON, Feb. 21.— Senator
Flint today 'introduced' a Resolution
authorizing- the secretary of war to
establish harbor lines in Wilmington
harbor, Cal. . The secretary of war "is
authorized to fix and- establish pier
head, and bulk head- lines either or
both in the lhne.r harbor.of San Pedro,
otherwise known as Wilmington har
bor, beyond which no piers, wharves,
bulkheads or other works shall be lex?
tended or deposits made, except undei
such regulations as shall be. prescribed
from time to time by the secretary of
war."
LOS ANGELES, Feb. 21;'— The storm
aroused by Senator Flint's resolution
regarding, boundary lines in San Pedro
Jiarbor has subsided, and local interests
appear entirely, satisfied With •the^sub
stitute resolution offered by the senator
today. \u25a0\u25a0
Captain: Amos, A. Fries, government
engineer in charge of the work on the
harbor, after reading. Senator Flint's
resolution today, gave his approval
of it. • :
"So far as I can judge, that appears
to cover the ground," he said. "It
seems to be fair and I believe is all
right." ;
REMOVE COASTWISE LAWS
Taft Pleads j to Increase Trade
With Philippines
WASHINGTON, Feb. 21. — Secretary
Taft today urged upon the senate com
mittee on the Philippines the necessity
of removing the application .of the
coastwise: shipping laws from \ com
merce between,, the. Islands and the
United States. He argued that there
were not enough [ American bottoms
plying between the United States and
the Philippines -to handle trade that
would come to this country If It were
not for' the restriction in regard to
shipping.
. Senators Hale and Teller produced
figures in support of an argument that
the increase of trade with the United
States had been so limited that it did
not warrant the removal of the re
strictions. No action was taken on the
several bills before the committee to
promote 'commerce between the United
States and the Philippine islands.'
TO EXTEND TRANSFER SYSTEM
WASHINGTON, Feb. 21.— -The time of
the house of representatives, today was
devoted to consideration of 'what Is
known as the District of Colrrmbla rail
way tract, the bill including extension
of streetcar 'lines to the new union
station. . subject of universal
streetcar ''transfers in Washington
elicited; special attention, and no dis
position was manifested to amend - the
provision except to strengthen It.
TO HEAR -STATE WIXE GROWERS
WASHINGTON, Feb. 2 1. — The house
Judiciary committee today, postponed at
the_ v request j of Kahn
and vHayes final hearing on ;*• the
LUtlefield "original package" bill until
March 6. This postponement will en
able the California Wine. Growers' as
sociation: to send a representative here
to present their views on features of
the bill objectionable to them.- ; "
BETTER PAY FOR LIFE GUARDS
WASHINGTON, Feb. 21.—Concordant
ly: with a recent message from the
president to congress, the house, com
mittee on interstate and foreign com
merce today Instructed Representative
Lovering of Massachusetts to draft and
Introduce a bill to increase the pay. of
life guards, on the coasts of tbe United
States.
FINE WEATHER ATTRACTS
CROWDS TO CITRUS FAIR
Eastern and California Visitors
Throng Cloverdale During
Week of Exposition
CLOVERDALB, Feb. 21.— This was
Mendocino county day at the annual
citrus fair now in progress in this city
and^more than 1,000 visitors from the
north came: down for the event. A spe
cial train of 10 coaches brought the
crowd from Willits ; and intermediate
points.
Tomorrow will be San Francisco and
Sonoma 'county day.
There has not . been nicer weather
during fair week 'for many years.and
the effect Is shown in; the Increased at
tendance. Many, strangers from eastern
and the middle western states have
been here during r the Mveek and ; more
are expected tomorrow, when special
rates "are in force from San Francisco.
The award of premiums will* be made
at 10 in the morning. : MucV interest
has been aroused |b*y the contest and
the awards are eagerly awaited.-;
% Awards were made" by the judges In
the class>C exhibits tonight and the
following, were' the Winners and -their
designs: First, , Mrs. -W. H. Long ; and
Miss Gertrude Booth, $5 gold piece;
second, Mrs. C.E. Humbert, lighthouse;
third. Congregational church choir- of
Cloverdale, 'mushroom grotto;, fourth,
H. P. Belford. mlnlngishaft; fifth, Ital
ian-Swiss : colony, Vtipochianti 1 bottle;
sixth, Miss Annie; Smith, bridge; 1 sev
;enth, Cloverdale high school, Dutch
windmill; eighth;^ Cloverdale orange
company, sleigh; : ninth,* Mrs.: William
Caldwell, Indian tenth." Mrs.
Rudat and j Miss Scott, pair, of ' slippers ;
eleventh, Ahrens ' & Winters, ; warship,
and 'twelfth, Fred' W. Brush, grotto.
WOMAN. GI VEX FOUR; YEARS
• Jane , Ward, convicted of burglary be
fore' Judge ;Conley, v sitting ; for; Judge
Carroll Cook, yesterday was ; sentenced
to four yearsV Imprisonment. -- ' . . - '
fleiiEeiMiiiiißi
ißpiyady
; I—TMMm TH E BEST \u25a0 Hill !\u25a0 11l 111 lII-
\u25a0 ,^^- •-\u0084.-..\u25a0. \u0084,..- - , S
IT|r^ M FO KffßWWll
J^liJi§iiiAiiQl
iiiiilllMlliii
NEWPORT BELLE
DIES FROM GAS
Mrs. W; P. Burden, Who Was
Miss Natica Rives, Found
Dead in Bed
Tube From Drop Light Emits
Deadly Fumes in Face
oi victim * -
\u25a0 NEW YORK. Feb. 21.-;-Mrs. William
ProudQt Burden, who was" Natica Rives
and a society, belle of New York. New
port and , Washington*' was found dead
In bed at her Fifth avenue' home today.
Death, the ooronerl decided, was acci
dental -and due to 'gaa poisoning. 5 A
disconnected T gas tube, *\u25a0 which had led
from a chandelier -to .a "dropllght so
placed . last night -that Mrs. Burden
might read while propped up in bed,
had permitted a flow of gas which filled
the room. ' ; • ... - ' '
-> Mrs. Burden was 22 years old, ana
since her marriage, April 17, 1907, she
and. her husband had occupied the beau
tiful home of ', the latter's father, the
late James A. Burden. 1 at 808 Fifth
avenue.". ,
The discovery of her death .threw
the .household Into confusion, and when
the facts became generally known cre
ated a sensation . in the social set. Bur
den had spent the night, In another part
of the house and learned of his wife's
death from • the servants who had . en
tered her room at 10 o'clock this morn
ing.
Coming home' at 11 o'clock last night
Burden had noticed that a light was
still burning in his wife's room, and
passing the door called out "Gobd
night." Mrs. Burden responded in a
tone that , indicated that she was £in
her usual health and spirits.
.Passing through the hall on her way
to Mrs. Burden's room on the second
floor, the maid. smelled gas and hastily
entering the chamber found : her mis
tress dead. The room was. filled with
gas. though a window was open sev
eral inches from the bott&m. The fumes
were pouring from the rubber tubing
directly into the dead woman's face.
Mrs. Burden's physicians were sum
moned and they in turn notified the
coroner. The latter's investigation
showed that the gas tube had been dis
copnected from the lamp. Having grown
drowsy. : perhaps, Mrs. Burden had
reached from her bed and turned off the
lamp cock Instead of taking the trouble
to get up and shut off the gas at the
chandelier Jet. The dead woman lay as
in sleep, without a sign of physical or
mental disturbance.
Near .the open window, to which he
had crawled and almost dead from gas,
was found Mrs. Burden's little pet, :a
white Pomeranian terrier, which had
been permitted to sleep in the room."
Mrs. Burden was the daughter of the
first Mrs. . Oliver H. .P. Belmont, who
was Miss Sally Whiting arfd who ob
tained a divorce some time after her
daughter was born. She retained cus
tody of the child and afterward married
George L. Rives, at one time corpora
tion counsel of New York.
-Following the divorce of her mother
arid the adoption by Rives, the daugh
ter took the name of her mother's sec
ond husband and always has been
known as. Naticaßivesl", •
'. .William' P. Burden \u25a0 Is a nephew of I.
Townsend Burden and has a large in
terest 'in' '^the'/Burden ' iron works at
Troy. ; ' '" • \ ''"
Mrs. Burden as Natica Rives was one
of- the- most popular! of the .younger
women in society. Her health broke
down in the summer of 1906* and she
spent some time in a sanitarium .at
Lakewood. • She did not entirely recover
her health. During her stay in Lake
wood i her engagement to Burden was
announced.
A brilliant ..church; wedding? was
planned, but the health of the bride to
be remained precarious. | Finally Bur
Report of the Condition of
AT SAN FRANCISCO
In the State of California, at the Close -of Business,
l^rth February, 1908
Loans and Discounts. .......... .'.... ....... ..... . . ....... . . ..$14,823,019.44
Overdrafts, secured and unsecured. • „:.........-: 38,180.30
U. S. Bonds to secure circulation. 5,800,000.00
U. S/Bonds to secure U.S. Deposits;. .;... 770,000.00
Other Bonds to secure U. S. Deposits. .... . 113,810.66
U. S. Bonds on hand.. ....................•••••.••••• 200,000.00
Premiums on U. S. Bonds 255,601.57
Bonds, securities, etc. 2,657,303.53
Bank Premises . . . . . . . ..... ''. . . . . . f ". . 291,446.97
Customers' Liability under, Letters of Cred.it. 1,350,888.54
Due from National, Banks (not reserve agents) . ; 1,489,538.81
Due from," State Banks and 8anker5. ... „..;..."...*. j.; 1,303,337.05
Due; from approved rieserye agent 5: ......."................. 1^79,739.64
Checks; and other^cash; items. .'. . . 53,617.87
Exchanges -for clearing house. 402,822.01
Notes of. other National ] Banks . . ...... ..>.'.. . ..... .... 40,000.00
Fractional paper currency, nickels and cents ..... 14,537.44
Money Reserve in Bank, viz: . ;
Specie : : .... . :?.y: • I*'. .' • • .......: : .-: . . . . .V. .... ...... .$4^60,475
Legal tender notes.... ......'................ 51,745 .
V ; — 4,312,220.00
Clearing house acc0unt.. .......... ...: .......... ." .....;... 217,055.00
Redemption fund with U.S. Treasurer (S per "centof circulation) .290,000.00
Total $35,703,1 18.83
LIABILITIES*
Capital stock paid in. . .. • .'...... .*. . ..;..: $6,000,000.00
Surplus fund .: . . . v^ . . . '\u25a0-:: :..'. ..rv.vi:/. . . ...::.:: .....; 3,500,000.00
Undivided J profits, less expenses . and taxes paid . .......... . . . . 1,190,567.95
Nationarßank notes -0ut5tanding .. .... . : : . ... . ... .............. 5,740,000.00
Due to other Banks. IV. . . 1,959,164.63
Dueito State' Bank s/and Bankers. .... . . . . . ;; ..... .. . . . 2,266,870.01
Due'tO'Trust Companies and. Savings -Banks, ...;-....••• ... . . . . 3,147,175.97
Lettersof Credit, = Domestic and Foreign. .';.. . '•'\u25a0'\u25a0'£*• •• . - . : . . . ... 1,350,888.54
Dividends \u25a0 unpaid 1 ?.' : . . .' - ' -"'. -- - -'• • . .'• -• \ .-• •&,- --...... i .... 2,640.00
•Individual deposits subject- to,' check:. ;.: . .. . .H. r.f ... . . . ... ; . 8,697,061.57
Demand < certificates : of . dep05it .......... . . . V.*|%/.".< . . . .... .7* . . 135,758.34
.Time? certificates «bfi deposit f. .... . ...'.. i'l \ . ..... ;„. 421,079.62
Certifiedv checks :.: Jr::v. . . .-..: .:... . .-. ..-. . .. . ..... 53,666.78
Cashier's n'checks : ; outstanding -. . . 70,028.36
Unitedi'States) deposits:.. :.....V...V...: .....V...V.... > ..^.;:..: / . ::.;...-.... 870,000.00
Bonds b0rr0wecT: ; . . . . ............ ... . ... ; . . . .% . . .* . . .\ ; . . . . .."..'. 270,000.00
Reserved v for taxe5 : . . . . . .... ...... .'r .- , 28^217.06
' .- \u25a0.\u25a0.-•;\u25a0 y , ' ' ' ' -
Total .: . : . . . '• . -." v ': • • •'\u25a0 •;. • i •-•••••;••. . . . . ".I" .rf .$35,703,118.83
State. of California, County- of San^ Francisco, tss:;
\u25a0 I , Frank IB.' King, /cashier of .. the above-named bank, do solemnly swear
that the'above- statement! is' true to'the best of my knowledge and belief '
".; - ,- . - "" \u25a0 \u25a0 FRANKTB. KING, Cashier.
!f * Subscribed and" sworn to beforeme: this 21st day -of- February/ 1908.
'<*•'"<:/ .;;. ;;M * /''\u25a0-..'-**''\u25a0' . ' ' O.^EGGERS.y
• ' C:.DE GUIGNE, - •\u25a0•'.
I\u25a0' \u25a0 i j V-: ; ; \u25a0 \u25a0 LEON ( SLOSS, :..,'.:', \u25a0. , .
FLEET MAY RETURN
BY WAY OF SUEZ
"Possible," Says Root in $ His
Answer to Australia's Cor«
dial Invitation
Premier of Continent
Asks That Battleships Pay "
a Visit There
WASHINGTON, Feb. 21.-^lnteresting
and important news relative to the fu
ture .movements- of the American bat
tleship nest- was made public at the
conclusion of the cabinet meeting to
dax by Secretary Metealf. comprising
an invitation. from the Australian gov
ernment to have .'the fleet, or ,at least
some of the vessels, visit that 'country,
and Secretary Root's reply. This re
ply 'is the first *• authentic information
of the movements of the fleet -after
Its! Journey to San ' Francisco . has been
completed.. After expressing his ap
preciation of the Invitation the secre
tary, says : \- -i" r ,
"The eventual movements of, our
fleet have not been determined. While
lt'ls possible the -vessels will return
by way of Suez, I would be glad if
some of them could be sent by .the
Australian route, but it would be pre
mature' to promise this." ' "
.The invitation was first mentioned
in a letter by Alfred D^akln. "prime
minister of Australia, addressed to
John P. Bray. American consul gen
eral at Melbourne, dated December 24,
aa follows: '\u25a0-.\u25a0:.'::..-:-:•.-' \u0084 '. \u25a0 ' - , r !
. "The appearance Jn the Pacific of the
great American fleet is \u25a0an event of
history not only of the United States.
but '> of. that ocean. • We are deeply
interested In this visit 'and are anxiou*
to have some opportunity of express
ing sympathy with our/klnsmen In
their demonstration of naval power.
There are two aides of the Pacific, and
it would be a pity If only one of them
wery'to be favored with the presence
of. these ships.
"Australian ports and portals would
be wide qpen to your ships and men,
and it would be a matter of great
gratification if the president could see
his way to direct that the ' wishes' of
this government be met in the matter.
."It is with a. view of enabling your
government -to have time to consider
this proposal, which may- be made by
cable, that I am . now. communicating
to you. Yours faithfully,
?y- "ALFRED. DEAKIX."
Secretary Metealf in making the cor
respondence public, expressed the ex
treme gratification of the navy de
partment at the* cordiality of the in
vitation and added that the matter
would receive the earnest, considera
tion of the department.
Navy Orders
"WASHINGTON, Feb. 21. — Navy sor
ders: JL F. Kutr. passed assistant pay
master, Is detached from duty on the
Independence at the Mare island navy
yard and is assigned to duty as pay
officer at the naval station- at Tutuila.
Samoa, and also on the Annapolis,
which sails from Vancouver March 27.
.''"P. T. .M. Lathrop. assistant paymas
ter. Is assigned ' to duty as commissary
officer of the Independence at the Mare
Island navy, yard and *to additional
duty in charge of torpedo and auxil
iary accounts March 4.
PUXY. M. C. A. AT VALLEJO
VALL.EJO, '" Feb. 21. —^The ministerial
union has appointed a committee to de
vise plans for the establishment of
Young Mwi's Christian association
reading and coffee rooms here.
den and Miss Rives were married quiet
ly in Grace church before their rela
tives and a few intimate friends.
A HOMELIKE HOTEL
The Sißcgis, New York, Typifies
the Comfort-Loving Age
TRIBUTE OF A FAMOUS CHEF
Among New York's, great hotels
none so perfectly fulfills every re-
quirement of comfort loving people as
the St. Regis, situated at FlftH avenue
and Fifty-flfth street. Attrafctiv* as
are its location, environment and out-
ward appearance. Its interiors are «•
to • a far greater degree. To thos»
who are accustomed to the best the
St." Regis, with Its large, cheerful guest
chambers, supplied with every known
comfort, luxury and convenience. Its
admirably, appointed public rooms and
Its Incomparable service, appeals with
Irresistible force.
The St. Regis has been fitly termed
"The Homelike Hotel." An indefinable
j air of quiet refinement and unobtru-
\u25a0slve elegance la all-pervasive and there
la an entire absence of the glitter and
show so often seen in hotels and which
Is- so -distasteful to persons of re-
fined tastes. The St. Regis offers every
requisite for comfortable and restful
living- according to one's Individual
preferences.
No mention of this homelike hotel
Is complete without reference to what
Its proprietor. Mr. R. M- Haan. call*
"The Soul" — Its kitchen. 4 The Chef of
the Crown- Prince of Germany, who.
while in this / country recently. In-
spected the kitchens or many well-
known hotels, pronounced the St. Regis
kitchen and the food served therefrom
thm best he had ever seen and equal
to that of the German Royal house-
hold.
A choice of the St. Regis as your
home when In New York assures sat-
isfaction in every particular. That
prices in the restaurant of this home-
like place are not above those of first-
class hotels generally is now well
known, as Is also the., fact that »
sumptuously furnished, 'room may be
had for |4 or 15; or a parlor, bedroom
and bath for *13.
\u25a0Pasteurized Milk
pi Pure, Clean, Safe
f£jj i The kind recommended by the
fll special committee appointed by
I the president to Investigate thj»
Ka "milk supply.
f STANDARD MILK CO.
r~y (Inapectton Invited) #
p*| 16th and Guerrero Streets
M; 4 Phone Market 226
| NEWBRO'S f
HERPiCIPE
I Lfll I O DANDRUFF I j]
[ A\ ffc.l-O QE*MS ... I jj
f»\ I fjj! j YOU REMOVE
UhV I II U 1 THE CFFCCT
; CURES DANDRUFF OR MONEY BACK.
oauoHTfui. hair ommmmutm* -
ALL. DRUQGISTS SELL IT. \
GOFFEE
*. There is no difficulty in .
getting good coffee.
There is no difficulty in
having good coffee.
Your &roc«r returns yonr money If joa
don't lib* Scbilllnz's Best; we pay him.
THEATRICAL SUPPLIES
GREASE PAINTS
POWDERS
COLD CREAMS
ROUGES
WIGS
CREPE HAIR
PLAY BOOKS, ETC.
\u25a0, ; .
Most Complete Lines on
the Pacific Coast. We
Also Rent Wigs.
PARENT'S
STATIONERY STORE
818 VAN NESS AY.
QHICHESTER'S PILLS
Q^CB^S^S PilU ta K«d and V«ld meaulic\V/
*K. — T\giQ bo»««. —H*A with Blim Rlbtwa. \f
I¥i ** %J T«k* \u25a0• otS.fr. Bar •fym>r y *
1*- rf olj. jlom> iirivd ruu ** **
A~ fp yean kno»n MBnt.Safei%AJwmr»XelU!)l«
r- SOU) BY DRUGGISTS EVHmfflEtt
(THE CALL'S
BRANCH OFFICES
Subscriptions and Advertise-
ments will be received in San
Francisco at following offices:
1851 FILLMORJB STREET
Open until • 10 o'clock every night.
818 VAS NESS AVBXI7B '
Parent's Stationery Stor*
2200 PILLMORE STREET
Woodward's Branch
SSS BAIGHT STREET
• Christian's Branch
SIXTEENTH -AND MARKET »TS.
; Jackson's Branch
111081 1108 VALENCIA STREET
f\ Blake's Bazaar
'•74 VAUEXCIA STREET ,
, Halliday's Stationery Stor*
: sou * lerrH : st. cor. ' missioji
V International Stationery Stor*
2712 STISSION STREET .
The Newserie
WEEKLY CALL, $1 YEAR
9HHBHN