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MAGICIANS OF SURGERY MAKING OVER MAN, ? >a Read the Article in THE SUNDAY CALL VOLUME CVL— NO. 172. YANKEES ARE SLAIN BY ZELAYA United States Makes Peremp tory Demand for Explana- * tion of Killing War Vessels Ordered to Nica raguan Ports When News of. Executions Is Received Government Practically Recog nizes Rebels Who Are Seek ing to Overthrow Dictator Taft and Knox Determined to Make Central American States Realize Responsibilities 4 WASHINGTON, Nov. 18.— A peremptory note, couched in diplomatic language, but none the less direct, was delivered to Senor Felipe Rodriguez, charge d'affaires of the Nicaraguan legation, demanding a full and complete explanation of the execution of two Americans, Leonard Grace and Leroy Cannon, killed by order of President Zelaya when they v.ere found in the insurgent army. Pending a satisfactory explanation of .the occurrence President Taft has -.refused to recognize Isidore Hazera, the new Nicaraguan minister. Taft is thoroughly aroused by actions of the Zalaya government and apparently is determined to make the lives of American citizens much safer and - much more respected in Central America than they have been hitherto. Attitude of Government, The attitude of the government was clearly s-hown late today when the state department sent a dispatch to 'Che Bluefields steamship company, the .^headquarters of which is in New Or leans. The company's regular steamer was about to sail for Bluefields with a .miscellaneous cargo, in -which were a number of rifles and other muni tions of war. The corporation was warned by agents of the Nicaraguan insurrectionary forces that the vessel would be liable to seizure. The steam ship people promptly called on the state department to declare the pro tection of the government in sueh 1 cases. The state department replied promptly. The answer was the result of a conference between ths president and the secretary of state, and carried ..full weight. It grave the steamship concern no encouragement and practically recog nized the revolutionary forces operat • ing: against the Zelayan administra ; 'tl6n, a proceeding for which- there • probably is no parallel In the records r>t this government. Secretary's Knox's Reply : The dispatch, directed to the steam \u25a0 chip company at New Orleans, and .-:-;.• d. **Knox, secretary of state," "If the announced blockade or in vestment of the Xicaraguan port of San Juan del Korte (Grcytown) is effective ly maintained and the requirements of, international law, including warning to approaching vessels, are observed? this, government would not' be disposed Pto interfere to prevent its enforcement. A naval vessel will be ordered to Grey town to observe and report whether .the blockade is effective." V Nicaragua has given this government \u25a0 'more trouble in the la^t few years than any other save, perhaps, Vene zuela. The attitude of the United States. as shown by its apparent recognition of the Nicaragua insurgents, indicates to diplomats that this government would welcome the overthrow of the present administration. It is well . known that President Zelaya's attitude* toward Americans .and American in . terrsts for some time has been any thing but satisfactory. The state department' today main tained a reserve that was described by one diplomat as "ominous."' Forceful Moral Suasion •It was learned, however, that .both President Taft and Secretary Knox practically have determined on the ex ertion of some forceful moral suasion. If nothing more, with a view of bring ing- Central American states to a reali zation of their responsibilities. * n V J Aside from acknowledgment that a • demand had been made on the Xica ragruan legation for a detailed and com prehensive report of the killing of the two Americans the department de clined to discuss the existing crisis. The execution of the "Americans Is held here to be ' indefensible.^ In'thV absence of complete details this gov ernment is reserving judgment, but' if , tlte men were captured in the ranks of th;* 1 en^my with arms -in their hands . (lifv' were entitled to military trial-un fir,.- Internationa! law. It is inconceiv.- Continued on Pace 2." Columns 3 and 0 The San Francisco Call. INDEX OF THE SAN ERANGISta CALL'S NEWS TODAY TRLKPHOXE KEAR.V V S6 FRIDAY, NOVEMBER 19, 1909 WEATHER CONDITIONS VESTEHDAY— Cloudy; Houtbvrest wind; maxi mum temperature, GO; tninimum, 4?. ' KOBECAST i FOR TODAV— lncreasing cloudi nfM; probabjy rain; moderate south wind. P. 15 EDITORIAL A double revolution in England. Page 6 Pensions for railroadmen. ', ' I'age 9 Secret influences against Uetch Hetchy. P. 0 CITY Trouble may come to Greenway ball, as Joseph Murphy threaten* to tie up riral's bank roll with injunction. , Pace 1 BattJ* for millions temporarily forgotten In thoughts of ThanlcsglTing <*eer. Paffe a Mr». Carina. Temple, divorced wife of English lawyer, attempts suicide. ' Page .1 John N. rhllan, book seller, turns flnsl pap« in book of life. : Page 5 Incendiary «Ptn fire to Mills ward of St. Uikc'B hospital and only braTery cf nurses and attend ants Bares pallents. l'apc 1 Coa*t artillery tests new guns at: Battery Spencer and \ marksmanship proTCs of blgh. standard. ' > v:;:«?i Pnee 5 Harry Ramany, wealthy mining: man, sned by chamber maid for breach of promise. ' Page! James TreadweH's trustee in bankruptcy sties for money he lent while director of bank rage 16 City officials wait for Bourn's reply to their request for a conference on sale of water plant.; g V ;V ' Morton Frewen, a New York financier, will address bankers and merchants at the Merchants' Exchange today. Page 19 Bazaar in aid of building fund held by con gregation of the Central Methodist Episcopal church, j Page 3 Buna way hearses stopped by automobile which 1s drlren Into them. Page 4 Wages are again held up by Gray Brothers, so police take action. Page 4 Alma Bell is example of enrlronment and heredity. I Page I Portola festival committee appeals to mer chants to make op deficiency of $10,000. Page 4 John Cronln, one of the most popular mem bers of the police department, dies sud denly.*;-" Page 4 Police disagree in their testimony at Conboy trial as to big condition when lie shot Bernard L«8«n.L «8«n. Page 18 SUBURBAN Southern Pamlfic refuses to let city of Oakland proceed in construction of crossings under agree ment with works board. Page 1 Prof. Stephen de Leesard shows that hyp notism can ftorce answer < from medium -In a trance. Page SI Miss Claire Ferrin announces indefinite post ponement of her , marriage to Frank . H. Thatcher. J"n B e '•> Trees purchased by park commission for East Side park. Pace 9 Mrs. Smnmexuayes «ays she took Joy. rideY to e*en op score -with busband. Page 9 Annexation -vote cautes rej^cing In Oakland and campaign for city and county government U planned. . \u25a0 :pag«9 .. l ? niTer*lty glee club will glTe concert ; in Har mon gymnaslnm to. raise fund lor ! southern trip- Page S COAST*^ - Be*. Walter jDu Moulin dodges processes , and files new complaint against wife. Page 2 German national museum asks Lowell obserTa tory at Flagstaff for : photographs of planet Mars. Page 3 Alma BeH'g^iTal placed on witness stand as an "exhibit. " I Page 1 EASTERN i Richard Watnon Gilder, editor, of Centnry magazine, dies suddenly In New York.' Puge 5 Big magazines train their guns on Bal- Hnger. Paße 1 Mrs. Stetson Id excommunicated by directors of Christian Science church. \u25a0• Page 3 Professor of chemistry at Illinois university commit); xulcide to escape noise of baby. Page 1 Girl wife who elopod from San Francisco with Japanese lover appeals to Denver police for pro tection. Pnge2 Twenty dead men located. by explorers. In. St. Paul- mine and posse lowered to. facilitate, the search. . Page 3 Grandson of President Diaz of Mexico arrested for disorderly conduct.' • . /- '\u25a0 . Page 3 FOREIGN . Portugal, supported by Great* Britain, -resists claim of China to .ielnnds at mouth of Canton river. " . \u25a0 , . PageS v Poet fights and. wounds man who, charged graf v In French navy department. ' " I'age 5 . Pope.' Pius addresses ., French pilgrims. on the government policy , regarding the church' and achixAt. 1 Page S SPIRTS / .'-..: 'I ' Lineup chosen for Barbarians-Olympic club hugby contest tomorrow. ' . v pnge 11 f . Y. M. C. A. athletes plan five mile race for Thanksgiving day. Page 10 Tim McGrath brings Johnny liny cc, the Mara thon runner, here to race Conolly..- Page 10 ' N>w York public school board k bar^ foot ball. \u2666 ;\u25a0{.'"\u25a0 ; Page 11 St. M«ry'«>quad tackles husky U. C. ei»cond 'team and makes good showing. . Page 10 Minnesota favorite over ' Michigan .In bcttiofr for Saturday game. \u25a0 Page JO "Harvard and Yale ; elevens . rest on 'eve of' great football battle tomorrow. " Page 11 Coffroth, i:ieason and Berger may form com bination to pull off big fight. Page 10 Ad Wolgast will arrive today to start training for his go .with Powell. \u25a0 Page 10 Athletics get more home runs than Nationals and take another. close game. - Page 10 District Attorney. Donahue rules .against oral lK*>k making at Emeryville. Page 10 Public Scl«x)ls ' athletic \u25a0 league plans schedule for The Call's basket ball trophy. . Page 10 Attractive card arranged for tonight at Dream land by Pacific athletic association." Page 10 Knights of Columbus "wlll : - play off tie base ball game. . Page 10 Football branded dangerous by Chicago univer sity athletic \u25a0 board. : !: Page' 10 University students of big eastern . colleges take up aeronautics In .earnest. ~ • . : Page 10 Thirty-five entries for feature handicap at Em-, cryville opening tomorrow. \u25a0{\u25a0\u25a0. \u25a0 Page 10 > Good roads best at traction \u25a0to touring i automo blliiits demonstrated at Kansas City.' Page 7 Alameda high victorious f over Fremont \u25a0* high at football. .'"Page 11 MARINE |New \u25a0 fire, tug Dennis iT.V Sullivan,, steaming <lown bay with all Its batteries in operation,' ln taken for^ a waterspout., \u25a0'.. , Page 15 m ' PUBLIEHEa LAFFA2T .1 ILL— Xcw>. York, :. Nor." 18.— William M. Laffan, r puWi«bcr of the New ' . York Sun, Is critically, 111, following an opera tion for appendicitis on. Monday.. \u25a0 » — ' • \u25a0 KILLED IN r STKEETJ DUEI^-Homlny, Okla., Nov. ; IS. — : Wesley ; Fraley, a t , merchant, whs ' *hot and killed, liy W.rc.'.Wood, lilsVoriuer . partner, in a ; street duel here - early rto<lav.*r to<lav.*- SAN^R^CISepH^RipAY^ GIRL SLAYER'S RIVAL IS USED AS "EXHIBIT" — ~ \u25a0 "- ' Pretty. Minnie Foster Placed on Stand to Prove State's Theory of Jealousy Tiny Sisters of- Joe Armes Tes tify at Alma Bell's Trial for Sweetheart's Death \ By ARTHUR L. PRICE [Special Dispatch to The Call] ' . ; AUBURN, Nov. 18.— To piece oi|t the tale of shame, deceit and death, which is the Alma Bell case, there went on the witness stand today two , of the quaintest and /littlest witnesses who ever figured in the trial of a woman charged with murder. They were Evelyn Armes, aged 10 years, and Gracie Armes, aged S years. Their testimony was sandwiched in on the record of the- day's proceedings— a record crowded With testimony re garding threats which Alma Bell 'is said to have made against the life of her lover, Joe Armes, and also against Manuel Neves, the young man who she declared' had told the lies about her which led to the~ last estrangement arid quarrel with Armes. The> children's testimony concluded the morning ses sion, and Minnie Foster, of whom Alma Bell was jealous, ended the afternoon session. Joe Armes' mother took the stand; today and testified that Alma Bell had told her on the day she slew the woman's son that she would kill Neves for having spoken of her as he did to | Alma heard the story stoically. She shed no tears today, but she aided her attorneys materially in the cross ex aminations. , John Armes, a brother /of the dead mary testified that three weeks before the killing Alma came to him and said: *.'ls Joe going with other girls. I am watching him and if I find tljat he Is I'll kill him." John also testified that some time previous Alma had said to him: "Joe ls'>never~gbing td/marry, me, but I want still to"go with hiiri anyway."? "Witness Is Confused" ; :\u25a0\u25a0\u25a0"',•\u25a0 '.'4 "".... .On cross examination' John-was mix^d up; regarding v His dates, : but ; he held steadfastly to his story. ' ; Joe Garcia testified that Alma had told him that she was going to Rill Joe, as he went with another girl, and Frank Peters, an alleged^former lover of the girl and a cousin of her .victim,* also repeated a threat which he said Alma had made against Joe's life. \u25a0 And to bind all that testimony /given by friends of Joe and cohsanguinously. biased against the.'prisoner came out the echo of the girl's; statement 'lA&de to District Attorney: Charles A. Tuttle and Sheriff George McAulay on: the day. after the killing, in which she said: "I told Frank ..Peters and Johnnie Armes that I was'going tokill him." The- statement was read in court In the face, of strong objections made by the defense. ,. It .related the incidents of the tragic night. She said in the statement 1 that she had : gone- to* Joe Armes' cabin to see him about the re port which Manuel Neves had been cir culating. She declared the reports were fal^e. She related how she and Joe had left the cabin. - .'•*, ;'\u25a0.,'\u25a0 ?l tried to npolofiirc to him and tell him I did not telephone to nuikc dates with other fellows.* I nald, 'WeVnre envriiK<*d to lie ninrrlril,-and I told you lone ago ; I'd kill you If yon didn't marry inr.' . '\u25a0 .\u25a0. \u25a0 " \u25a0 , V>* « v .Kid, I ain't nfrnid,' he' nnid. Then* «ai«l I 'Very well, then We'll die. to jjfether.*/ f.i: : ;';'iv.': •\u25a0'.'\u25a0 . - - "He pu.slieil me nn.iy nml »nI«J, *Kid, I'll have no more to do with; you. v I couldn't get along with you as a wife.'. Then I shot. ' "I. held the plntol about a foot nod a hulf from him.'' "' . ,' f Alma Bell Is Unmoved "Alma' Bell sat; unmoved through (the reading of that simple narrative of the ' killing of her lover, to whose grave she | now almost daily sends flowers. - What was expected would be one of the sensations of Jthe 1 ; trial ; passed off quietly today. Minnie Foster, thei 15 year old girl from Pilot Hill, Eldorado county,-, of whom : Alma was \u25a0< jealous, was put on the stand at the closed of the afternoon 'session] and' was exam ined hi the face- of violent " objections from the defense. Her testimony' was 1 not exciting. v\u25a0\u25a0 ' \u25a0 \u25a0 \u25a0\u25a0\u25a0.'> ' 5?: Alma had betrayed, certain symptoms of dislike toward'the younger and pret tier girl from the! mountains. '/ Prob ably. Minnie Foster was intended Dy the prosecution to be, a sort of "exhibit"; in the case. " She is so much prettier than is Alma-Bell. £ Alma. Bell is nine. years older than Minnie j Foster, > though -the latter has thel rhaturity 'of ; a girl, of 18 t> instead. of 15." Minnie ' Foster 'has big brown" eyes and she . is not entirely ignorant of how. to "use, them. {:.•{\u25a0' • If" Alma' B*»ll had . thought .Joe Armes had ; become" satiated wj th : her , own . too freely offered ,• 'favors •> she f could \u25a0'•wnll imagine that MinnlerFos'teriwas'fece'iv ing the protestations of love which had once been^ hers: ' ; - Thc-vstate •is Hasing ; Its f prosecution on the motive "of 'jealousy.'"; '; To '; produce Minnie.; Foster 'as; a 1 witness Vt?> show - Coutinucil . on Pa'We -»" Column / 3V.i ' | BROKE PROMISE TO WED, AVOWS CHAMBERMAID Harry Ramsey, Wealthy Mining I Man; Defendant in $50,000 Damage Suit Elderly^Mrs. S. Derby ijays •He Brought Her From Souths Then Forsook Her . A suit for $50,000 damages on \ the' grounds of oreach of promise and phys ical Impairment" filed' yesterday by.- Mrs. Sarah .- Derby, . a chambermaid at the Hotel 8a1b0a, ,170. Eddy ."street, against Harry Ramsey, a wealthy mining engi neer and broker: in oil lands, cast "a veritable bombshell of consternation and surprise into /the - quiet and -- ex clusive, circles jof Berkeley/and ,- Fruit vale in! which Ramsey 'is a. popular and weir known personage. \u25a0 Flees From Hotel To add to the contretemps,' Ramsey was married to Miss Elsie! Harwood, a member of a"'Fruitvale family, a year ago . yesterday. He and Mrs. Ramsey had . apartments at the Key , Route ho tel until yesterday, 'but •on learning 6T the suit which .had f been brought against him they left immediately, re fusing -to reveal where/;they Intended taking up their hew residence." Ram sey made /a fortune several years ago in.Goldfield and suchiwas his standing in that community that. a street was named after him. He settled 'in Berke ley with his wealth,' living at 2412 Piedmont avenue, 'and sought his frien33 among persons of education and refinement; to the complaint filed, by Mrs. Derby and the story told by her, Ramsey met her aboutthree years ago in Los Angeles. She then was a wait ress. \u25a0 'fae told me I looked like his dead wife," she said, "and because of that he loved m\.' '^> After a short courtship, she declared; he. persuaded her to leave Los Angeles and reside in Oakland. ' ("He provided me with / apartments /at; the Hotel Metropole," she said, "and later on we moved 1 to other quarters. During ; all these dayg; he .would. ikeepj putting' off our marriage." '.:\u25a0\u25a0 ;., -..»-',- His Affection Dwindled !\u25a0'." Finally', according^ to' her" tale, "his provision for her became less generous and ultimately she was forced to secure a position' as chambermaid inorderto earn a living. -Three months ago she learned !that .he was married; and then put her case into the hands of Attor ney Carroll Cook, who filed. the suit. '\u25a0.'/; Tha. romance of the situation is rath er hampered' by the fact "that both are elderly, Mrs. Derby being 50 years \u25a0of ag» and having a son 21 years old, and Ramsey, a few, years. her senior. Despite the autumnal stages* of their^ lives," Mrs. Derby ..declared that it was cus tomary for. them to wander through the thrilling processes of '"queening" yonv on the Berkeley campus 'and along' the hillsides. '_' Miss Elsie Harwood, . whom Ramsey married a yearago, llvedin 4 Davis ave ,nue. The wedding took, .place In >\u25a0 stJ Elizabeth's church, the ceremony beihg performed by Rev. Father Victor, the pastor.' " . Apart, from making a general denial of the charges, Ramsey would not dis-' cuss the suit.' . \u25a0 ' ... -.-\u25a0\u25a0\u25a0 SUICIDE OF PROFESSOR DUE- TO BABY'S NOISE University Chemist Found Dead ' - '.- on Campus ; CHAMPAIGN," 111.,; Nov. 18.^-A version to babies .'and domestic life is ascribed as the \u25a0 cause^ for- the. suicide today- of Prof. . Wilfred C. "Wheeler, first assist-] ant in chemistry at the University ,'of Illinois: The chemist's body was found on the campus.. .Wheeler took: his meals awayj from home after a baby came into the house hold. He could not endure the noiso of ; the ' Infant, •; he "said," and. expressed a great' disiike for babies. , - •: * - "Anoiteloft 1 by- the professor directed his wif« .'hiqw. ':to- collect his life >insur-' ance and! referred- to his premeditated death asrfollows:' "I am -tired of living,'- so goodby. There is no iise'trying to find out what happened to - ! me,- as \u25a0 3^G.' f (grains) of KCN.; (potassium /cyanide) -are respon sible? foi\ my. fate." '.. .;\u25a0\u25a0\u25a0\u25a0\u25a0\u25a0\u25a0\u25a0 "Wheeler . was 30 .years old and was liked by his colleagues. ."-, - T: M; SCHUMACHER.SLATED FOR HIGH RAILROAD JOB Reported V to. Have i Been X Named -VicejPresiderit^df ,Gould:Lirie \u25a0>; .^'Krom '\u25a0' sources ShlghMn- the councils of the Western> Pacific^ railroad, came'; the semibfflcjal \u25a0\u25a0£ an*no"uncement'<V that; TV;M. Schumacher, general traffic | Wanagerof ;|:he';E^'Paso.and;Soutlnvest e^n,•;..wlth/offlces^at;:\u25a0Chicag;o. ; has/ been made vice"prpsident ; , in; charge of .traffic I of the' new'; western^Gouldj line. macher, {was 'formerly. general agent ;of th^UnionPaciflc in'thJs city. ? ; r >c;. . /" Charles 11. Schlacks,- vice president: of the .We/st'errijPacin'c, /declined; yesterday to discuss th/ reported appointment. i? -v. - ';- \u25a0-\u25a0\u25a0- -fc-:: -\u25a0;. :^. V.T.* \u25a0\u25a0'!'<\u25a0"'\u25a0\u25a0"\u25a0-'\u25a0 *i-- . l™**.- ----- — -Tria>K&Tsfl .: Schumacher's [appointraentiMtfßstat ed.'iis^effectivelDecembertlUnd-in^time .\u25a0\u25a0-•;>.\u25a0\u25a0'\u25a0\u25a0-,\u25a0 -~ \u25a0••».\u25a0\u25a0! \u25a0\u25a0.•>£•,-.\u25a0-'.:-.*•\u25a0' •-'-\u25a0\u25a0\u25a0.--- : i'.i.-- «-\u25a0- \u0084 . Ji to get; the; road into; preparation* for tln-oughHrafflciabout. January I. ,i jO cal traffli;is'n<w, being carried k on over a si-cat. pun of the -line.,- \u25a0"\u25a0 - . NURSES ARE HEROINES SAVE PATIENTS' LIVES f . : Four; heroines arid one of = the heroes whose ("presence . of , rriind : saved i helpless patients in* hospital fire,' and ! the man' who' is suspected of having 'started i the fire./. ;\ .:;/../ ' v- . \u0084*' — \u25a0 — \u25a0—- — ,*" -, — -^ — — — '\u25a0 — : i '\u25a0 \u25a0 — ; — i — -; \u25a0 : CITY OFFICIALS TO CONFER WITH BOURN Supervisors^ Wait Reply to Re= quest'for Meeting on the Sale of Plant .The special committee ; to negotiate .in .Jjelialf of .' tho city for t the purchase of. the Spring valley plant, has made ; overtures to President : W. B. Bourn .of the, .water company.: for ,ca meeting I ,' but; no -date has, yet .been ;ar-' ranged. 'The ; city will be represented "by ! . Supervisor ; James Johnston, , Super-" visor Thoihas- Jennings and Oity-Attor ney Percy .V. Long.; ; . ' • / ' * : - A " vft'rv : The icify' officials -have 'communicated to th« Spring. Valley people. 'their desire for ah early ;to. this effect; were sent to, thei company's office and to ; A. E.J Shaw, -one?of*its;at torneys. > The conference will wait upon ! the " convenience '. of Bourn,-- for ; he ; has i been ''asked*, to ; name' a .date., ministration; however, is'eager thatUhe matter be'; pressed- and J has, made "clear fts, wish that no { time J ' be lost. ' 'Inivthe^ meantime .-Spring \u25a0 Va'lley'is fortifying, itself cfor:, af new attack ?oh the . Sierra project before • congress. -E.J.' McCutchen, ~' t attorivey, ':\u25a0 tor] the, 3 Spring Valley,^ Is -'now; on';his; way east : and report- has ';» it j. that he .: is 'headed ; for ,\Va.3hingVon.\: Stock" holders of^the .com* pany.'have j been ;reque*sted to i prepare laniappeaV-toLindiyidualj representatives and v senators /asking" that \u25a0 they'; with*-' hold'' thei xv approval' from*: the proposals of ; this i city .*\l .\u25a0 " ••..\u25a0..\u25a0 ' '\u25a0'\u0084: . r *MB£!SHJmL - ->An '/active v campaign; in', behalf of ; the "Hetcht Hetchy Nb'onds -will ; be arranged during.'the next fewweeks.- .'•; •..'__ CIIKSS GA ME RESULTS ; IN" DRAW * \u25a0? LEXINXJT^N^Xov;^ 1 8.^f-Tlie ;'^ cliesa 'game^tjbnilghtyet^ 'amJ|l^an k', J.^Ma rsh'^ ch°aln*pi ons li i pf sVr I afte*r_>6l V moves; . Marshall -lias "won !threefgames,ShowalterV6ne and; three -wcrei'drawn^^ ,* .»; : i;-' ..;\u25a0.;.'" UHE CAf&^Eg^l&ED ADS SOUTHERN PACIFIC BLOCKS OAKLAND Railroad. Forbids City : to Pro» , ceed Under Agreement WithWorks'Boafd- OAKL.\ND, Nov. {IS.— By forbidding city employes to'construct crossings In Fifth- avenue; over the railroad rights of v way -the: Southern Pacific company has served. notice that it will not allow the city., to ,; proceed under the memo randum of agreement- drawn up" bj* the board of works and the corporation un til.the.city council has, ratified the set tlement. - Whether or not the railroad will itself sign the agreeriient after the council has ' passed it is nof known. 'The, city was, proceeding to pave a crossing into the*. Sessions basin as. if the unsigned agreement, by which the railroad" relinquishes \u25a0claim" to certain tidelarids under- the i Stratton patent In exchange ,f or 'rights; of way elsewhere along, and between; First and. Seventh streets,* t was : ' already , -signed and In effect- /.The 'Southern; Pacific, by> hav ing.! its.] state "railroad* police 1 , order oft the city employes, 'has' shown; it- does not propose -to; allow,'; any ; w,6rk:;to be done' on 'the' assumption -that', the agree ment "will -be ratified; by*bothsidesl f. The Great company. constructing high .power, electric' cables over the! tracks, -also ;was ;f orbidde"n !to proceed,} but 4 it;conceded^ to the rail road -the title -\to .the tide lands, and '.with I . its > point [thus gained the. Southern -Pacific allowed the .wires to be strung. Thls'actlon on the. part of the; rail roadimeans an;assertion : of title to thie .valuable i tide "lands, in' the " East Oak land basin, . all -of which are involved In the grants -of thol legislature years agoto '.RobertiT.-; Stratton.. but, it;does not -necessarily mean .that the amicable settlement: drawn; up 'in the, memoran dum *of agreement *is at ; an end." The railroad-, company ''telis_ the city to keep hands -Toff until, /the agreement has really jended^the^ years of litigation. .• The "late John «. E/f McElroy/ former city 'attorney, advised tjtie city .'.that "the Stratton 1 patent clalrias % were s Invalid, a's .they^coveredj lands" within four, miles of ran incorporated; city.* A clause'in the 1 ' state 'constitution ; prohibits .. ttie; cession - to j private i individuals % or. cor porations of^tide lands within that dis tance of , the; incorporated limits. ;/" Legal' difficulties^at^ present* prevent the confirmation of , the ; agreement,* but after they have i been removed 'nothing : TVliH interfere" with'-the* cou^Jcii : acting upon,the*matter i 'at;bri/.". . ; , r- :^MmmYE CENTS. HOSPITAL SET AFIRE BY FIEND Mills jVVard of St. Luke's Burned, Following Discharge of < ;: s Drunken Employe Brave Nurses Rush to Aid o! Their- Patients am! Save Many Lives Dismissed Scrubman Driver. Away by the Police After Making Threats When Accused of Crime Offers Resistance and Is Overcome by the Officers THE presence of mind and cour age of three remarkably self possessed young women saved the lives of many helpless persons when the Mills ward of St. Luke's hospital. Twenty-seventh and Valen cia streets, burned at an early hour yesterday morning through the al leged incendiarism of Thomas /. E. Saunders, a discharged employe of the hospital. Saunders is' in the -city prison,* awaiting a formal charge of committing the crime. He was ar rested in Michael's saloon, Twenty eighth and .Valencia streets, at 10:43 o'clock yesterday^ morning. The win^ of the hospital which he is accused of maliciously setting on fire was not entirely destroyed, but the flames and smoke which ruined it jeopardized the lives of 17 bedridden sufferers. For tunately all of them were rescued un scathed,". Frank White, an orderly in the ward, being the only person in- Nurjie-Sees Smoke jiiredi" \u25a0 ; ' It was -.3:45 o'clock -Thursday morning when Miss Luna TuUy, a nurse on night duty in the Mills ward, discovered smoke seeping- through the holes made -for radiator pipes on the first floor of the building. She realized the peril of a hospital fire, particularly as the structure was a frame one, but she did not scream or indulge herself in a fit of hysteria as was her feminine prerogative. Quickly and quietly she aroused the 17 patients and informed her sister nurses, Miss Maud McLoud and Miss Kittie Ivory, that the ward was on fire. Miss McLoud hastened into the other wards and awakened the internes and the other nurses, while>Aliss; Ivory turned in the fire alarm/ These, three modest heroines undoubtedly prevented the loss of . many lives-and the destruction of the entire hospital. Carries Out Patients . Mills ward is one of a group of frame buildings connected by covered passageways and in a few moments the entire hospital was aroused. The first; able bodied man on the scene was Frank White, an orderly and as sistant steward, who was sleeping in the Keene ward, immediately adjoin ing. He was awakened by Miss Tully and seizing a sheet, which he soaked with water, he rushed into the burning building, which by this time was en veloped in smoke and flames at each of its four corners. Reckless of con sequences he made his way through the rooms to the rescue of the patients. He carried three of the four who were utterly helpless to points of safety and 'assisted several others to escape ' from the burning building before he was overcome by smoke. Those whom he. bodily carried cuit,are Mrs. George Munger and her, newly born daughter arid Mrs. *3. F. Dunn. Doctor Is a Hero 'Another heroja Dr. Lloyd. A. Crai?. resident physician of St. Mary's hos pital, who has been seriously ill at the " hospital -*f or two weeks. Until the occurrence of the fire he had been, ui> able: to help •'himself in -the slightest degree, but under the stress of the ex citement he jumped from his bed. hast ily threw en a few garments and start ed to make • his : escape. As he was feeling hl3 way out of 'the smoke^ filled building he heard ' the" cries} of . Mrs. J. Simpson., another patient, and went "to, her rescue. With a strength "almcwt "miraculously returned he lifted the woman 'from her ; bed. carried hsr to the entrancotof' the building", down a flight of * steps to the lawn and 100 feet be yond, when he fainted from exhaustion. Dr. F. : W.^Birtch. resident- physician of 'St.- Luke's^, directed the workpf re moving ,\the' patients from the Keene .ward, which .was threatened -by. the conflagration, his working force con sisting /of- Drs. Herbert Bowles, G. A. 1 Wrinkle; \u25a0 Edward * Shoff, *Ed arar Lea vitS ; and William Wood, Internes. Doctor ; Blrtch' accords the nurses named, par- - • ticularly.Mls3-Tully.Jthe greatest credit . for savins the menaced patients, i -Amons; the thrilling incid2at3 of. »i**