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1 "WHEN LEES WAS CHIEF* i A series of "lnslde' f detective «toi> ies of famous crimes of San Pran c\rco, Sn which Chief Lees' seoretary u-:> Just how the old master worked. SEE THE SUNDAY CALL VOLUME CVIIL— NO. 177. HIGHER COURT UPHOLD RUEF'S CONVICTION Troops of Diaz Regaining Territory Taken by Rebels \W TT IF IP B ITS Mexican Troops Recapture Rail ways Taken by Insurgents and Control Northern Sections of Republic UNCLE SAM'S SOLDIERS PATROL ON THE BORDER Treason Reported in the Army of Diaz and Nineteen Offi cers Are Said to Have Been Shot RAID MADE ON MADERO'S RANCH AND HORSES SEIZED EL PASO. Tex.. Nov. 23. — Belief that the government is rapidly paining: control of the situation In north ern Mexico is fairly -well established here tonijrht. So far as can be learned the Insurrectionists are not in actual control of a Ffngle Important town. Messasre* of assurance have. been re» reived from Parral, Torreon, Gomez Pa'ichio and Chihuahua. Quiet is re j>~rt£d in each of tho*^ c'ties, with the government forces and property own ers in full control-. Francisco Portillo. mayor of, Juarez, hp* been assured by hi 6 government -V«, t all of the important towns in the p^ite of Chihuahua are h«*ld by govern ment forces- except Guerrero, to •which r*a.ce soldiers are being sent. . Troops Regain Control The troops have recovered control of the . Madera branch of the Mexico Northwestern railroad, which was at .Jacke<3 and captured by insurrectionists Monday nijrht. Nine rurales, three Mex ican women and a child were killed in the attack which was directed against soldiers. - Scores of telegrams have been re crlved here today from American resi d-nts in Mexico, all asserting that the <!ansre r was passing. Many of the mes taiereE come from Parral. Torreon and Chihuahua. Several hundred have ar rived h*>re from interior point. All as serted that they were in no actual dan per. but some say they are prepared for the future. Th* reported trouble at Cases Gran •^op Tuesday nipht did riot develop and a! 3is reported <juiet there tonigrht. It is said that the government has pro hibited the sending: of news of the up rising: into that region. Madero's Ranch Raided LAREDO, Tex., Nov. 23. — Mexican sol <!iers late today raided the San Enrique ranrh of Francisco I. Madero. leader of the uprising in Mexico, for the chance of <^ptursng Madero and seizing the horses on the estate. They seized 250 horses, but Madero was not found. Reports have had it that Madero was headed for the. San Enrique property In the state of Coahulla. Furthermore, it vra? believed by the Mexican authorities that Madero had placed 2,000 horses there with which he Intended to mount a force of cavalry. In addition, it was reported that an armed band of revolutionists were en camped last night at Minera, Tex., and were supposed to be headed toward the ranch. AH these rumors led to the movement today which the Mexican au thorities say has effectually checked the plan of Madero to mobilize a mounted I force to operate In the interior. General Trevino left Monterey this afternoon ( a reliable Mexican authority says, with a trainioad of soldiers des tined for Torreon and Gomez Palacio, where further trouble Is expected. Forces Move on Border LAREDO, Tex., Nov. 23.— For the first time' since the revolutionary movement against Mexico assumed definite form, troops moved ajpng the United States side of the Rio Grande today. On the Mexican side everything:. I* officially re ported tranquil, the territory covered reaching from Matamoroe to Ciudad Porfirlo Diaz, a distance of about 500 miles. General Laure Villar Is In command .of the Mexican forces from MaUmoros to Nuevo Laredo, and Colonel Blcardo Pen* is in charge of the territory ex te£"ling through the states of, Nuevo Leon and Coahulla. General Villar had advices from hla •MMUlsuerf ob P««re \3, Column 2 The San Francisco Call. Diaz Is Regaining Towns From Rebels Mexican government believed to be gnlnlng control of situation In northern portion of republic. All Important towns In state of Chihuahua held by Dlaa's forces, except Guerrero. Mezlcan soldiers raid ranch of Madero and seise horses. Cordon of United States sol diers extends along frontier to prevent violation of neutrality. Treason reported In- ranks' of Mexican army and 19 officers said to have been shot. Renewed outbreak of rebels re ported near Torreon. \u0084 War department Instructs com mander of department of Texas to aid marshals In preventing neutrality violations. Gustave A. Madero, brother of revolutionary leader, goes to Washington In quest of spuport. FAT GOBBLERS GLUT MARKETS Those Who Delay Making Their Purchases Secure a Cheaper Rate If you delayed purchasing | your Thanksgiving turkey until the last minute, or at least until yesterday afternoon, you fared better than your neighbor, , who may have hastened to provide against a possible, scarcity of holiday fowls by doing his marketing bright and early Tuesday. At least you should have done better than the early buyer, and you probably did if you •were wise, for during the 24 hours In tervening between Tuesday noon and I 1? o'clock yesterday the ideas of the men who sell turkeys . underwent a change.. The net result of this. change was a drop of 5 cents a pound In the coet " of turkeys at retail, 30 cents a pound being the ruling price at most of . the large retail stores yesterday, against 35 cents the preceding day. Several high priced establishments ; stuck to the old rate, but. late buyers. Instead of- being made to suffer for their dilatory tactics, were able to take advantage of the decline in the market. HIGH PRICES \OT REALIZED Certain wholesale Jobbers, in their eagerness to secure a large share of the holiday business, flooded the malls with literatur ethat was printed for the benefit of turkey raisers, and in which it was strongly intimated that there would be a repetition of the conditions that made turkeys cost consumers 45 cents a pound last Christmas. With the hope of the growers raised, con signments came forward freely — more freely, in fact, than was expected— and the result was that receivers were unable to realize the high prices that overzealous hustlers for business had promised to return. When the first large shipments reached the wholesale market Tuesday receivers fixed the' selling price at 30 cents a pound, and in some instances a premium was asked for the best se lections. Retail tradesmen, who had been led to believe that the market would be high, stocked up at these prices, and informed consumers that the holiday birds would cost 33 cents' a pound. A majority of the retailers, however, were skeptical, and they •were Inclined to hold off and see what would happen. SURPLUS OF N TURKEYS As a result of their waiting tactics something did happen. When the wholesalers closed their stores Tues day night there was ( a .surplus, some say of 50 tons, on hand, and it became evident that receivers were too high In their views as to values. Further heavy consignments came In on top of the carry over yesterday, .and Instead of holding for 29 or 30 cents, the whole salers were willing sellers at prices ranging from 25 cents to 27 cents as to quantity. The 30 cent price to consum ers naturally followed, and several large large concerns were even able to make a leader of turkeys at -28 cents yesterday. The latter figure only pre vailed outside of poultry shops, how ever. Leading retailers reported that the holiday supply was pretty well sold out yesterday, and it was the consensus of opinion among large wholesalers that therere would have beea a more serious break in the market but: for.- the fact that consumers seemed willing to pay | SO cents a pound for their Thanksgiv ! Ing dinner. LEADING MAN STRICKEN; H ARNED SHOW CANCELED Paul Young; Attacked by Heart Disease [Special Dhpatch to The Call] WALLA WALLA. Nov. 23.'— As a re sult of an attack of ' heart disease striking down Paul , Young. .-* leading man for Virginia Harned, just before the performance tonight, the engage ment of "The Womanjrle Married" /was cancelled here. Whether or. not the company will play in Spokane tomor row night can not be foretold, as the actor is In a critical state of collapse. He was carried from the stage to a dressing room, while Miss Harned an nounced to the . that ; as 'there was no understudy, the. performance (Would not be given. Doctors were called and worked. on the man for two. hours with little signs of improvement," •--- ~— •"-' SAN FRANCISCO, THUHSDAY, XOyEMBER;^ H9lO. WAR WITH JAPAN NARROWLY AVERTED Launch King Restores Peace When Bluejackets Star Row With Sons of Nippon i Tommy Cro-wley, the launch king, saved the nation yesterday from the long promised war with Japan. That is, perhaps he did.' He prevented a scrap, anyway, and saved the skins of a boatload of little brown people. A launch loaded with Japanese bent on visltingr the Asama and Kasagi was about to leave the Crowley landing when four bluejackets .belonging "-to the Pennsylvania put in an appear ance and asked to be put aboard their ship. "Get in there," said Tom. pointing to the Japanese filled launch. . "That boat will take you to the Pennsylvania after it lands that crowd on the Asama." The bluejackets were all big men and one of them, the biggest, was slightly under the influence of liquor. They boarded the launch. Air the seats were occupied. The biggest blue jacket surveyed his traveling compan ions and then, glaring at a row of lit tle brown men, said: > \u25a0:'• v. • "Three of you Japs get up • and let me sit down." - .. ' . The Japanese smiled, but didn't move. ' .^" ;• A repetition of the request .was re warded with another smile." The .blue jacket waved his right' ii hand three times around. his head. and quietly. but quickly, and with the sure sweep of a runaway streetcar, swept a whole dow of Japanese into the cockpit. The Japanese; fell ; in a heap, but were-up_ in a second and full of: fight. The" bluejackets' were' just getting ready to do some more sweeping when Crow ley rushed 'down to the floatand In vited the .bluejackets •to have a" launch all to themselves. | The invitation was accepted , and Crowley, -cemented- the peace by helping . his browm patrons . to dust".off their "clothes. , j Two jurists prominent in Ruej r case, Superior Judge William P. Lawlor j (left) and Presiding Appellate Justice James A: Cooper. WIRELESS MESSAGE SENT ACROSS UNITED STATES Record for Overland, of 3,880 \u25a0]\u25a0 Miles,; Established Between Mare Island Station and ji-. [Special Dispatch to, The' Call] VALLE JO, Nov. 23. — At 2 o'clock this morning the Mare island naval wireless telegraph station broke the world's rec ord for the sending and receiving of the longest overland message. At an early hour Tuesday morning the keeping , watch at the station on the hilltop, had his attention attracted by a message which started to come in on his Instrument. To his surprise he found that he was picking up a (con versation between the wireless stations at Key West, Fla, and Norfolk, Va, "* Realizing\that he had V been ; able to get all of ; the exchanged messages, the local operator immediately I cut: in and arranged for a test at'the hour. named CHICKENS ATTACHED FOR AN UNPAID PIANO MAY EAT COST OF' INSTRUMENT . "Chicken feed" is no : inconsiderable Item of expense, as Sherman, ; Clay i& Co. t have found i since /they '\ attached 300 ; chickens* belonging* to Arthur E. Banks In- satisfaction •; of -an, /unpaid piano claim. JThe sheriffs has* been spending i $3 ' % a\day.*; to ; support /these chickens,, since';' they came into -his :'care, and 'the .music -firm is already liable^ for $105 on this account. , A post > haste ABRAHAM RUEF Grafter- Whose Fight for Freedom Now Seems Hopeless this morning 1 . , \u25a0. at the . . ap pointed hour, this; morning,; Operator,. B. J. Lane called Key /.West,? 2,889 miles away. In less than a minute came back the response: ' • ' '\u25a0'.' "Has Mare; Island- anything for' Key "We'st?'V- ;.'.;.' -\u25a0 V. '.\u25a0\u25a0.;%.•\u25a0' '-' '\u25a0'-'\u25a0 \u25a0\u25a0\u25a0'\u25a0-'"'>'' '\u25a0\u25a0' \u25a0•; Laneireplied th'at.he'had. nothing offi cial, but .for' several;, minutes {the -two operators exchanged messages as : easlly as-if they; had' been only a few» miles away.; .'• V»• - ;. ; - ':;, v-'iV^^fe Arrangements have been made for an. exchange' of .'•\u25a0 official \u25a0 messages at; 2 o'clocki; tomorrow i morning. The local naval offlclaJß feel'that direct'eornmuni cation across ' the continent' is ; now as sured. •'\u25a0 , -\u25a0 \u25a0 - •\u25a0\u25a0 .;\u25a0 •\u25a0 \L '\u25a0'\u25a0- \u25a0 :'-': visit was made •to Judge {yes terday for- an order permitting \u25a0- the sheriff uto?sell| the * fowlsy before : they had! eaten '.up, a Stein way »i grand. , ' The judge' granted,, the^,; peUtiqn.v '.OfVthe proceeds ;$ 1 05' wiir.be'appliedTto , liquida tion' of , the wheat biHlandVthe : remain^ der'.-VvMil.;' go /against vthe^ipiano-^blll; Banks/ it is alleged;. owes. $300:: foT. the piano.' »" The'" instfum'eritywas^recentiy' destroyed In a. fire, •_. - :--~^-^~^L^r-:: --~^-^~^L^r- : OPINION OFCOURT viSOUND;-SAYS HENEY FRANCIS J. HENEY ." I" have. read the opinion which was (filed this afternoon by : the district gcourt {of appeals in the Ruef case arid am, convinced that itiis sound- law in every particu lar. I -may , add that , it '- is. also sound common sense,~.iri my opin ion. Of > / am highly gratified with this outcome y of; the case. •- Itiivas. a long, hard, fight, and I our | governor % elec tp Hiram W V ) 'ohnson, JbhnO'Gara; then assistant district attorney ;;• Matt I. Sullivan 'iand J. \J. Dmyer -de serve the credit for the final suc cessful result. . k DREXEL SMASHES HEIGHT RECORD Soars 9,970 Feet Before Up ward Progress is Checked by Thinness of Air Nov. > 23.— J. : Arm strong, Drexel broke \u25a0 all aeroplane alti tude .> records , here today ; when he climbed above this city until his Blerlot monoplane .was unable to \u25a0make further progress in the, rarifled atmosphere. The inkin the needle of his-barograph ran "out at 9,970 * feet, : which', was accept ed as La', new^world's .record^-tonight; by : Clifford ;' l£ Mlarmon, ; chairman of the j Nationai^Assoclation;of* AeroiClubsi of America,- and;' James J- King Duffy, - the secretary . of -that body. •; " J The instrument is.the same ; one.which Johnstone carried ,- when he' made .\ the former record' of 5 9,714 feet \a.ti ßelmont par k^on foctober * 31: »' It" was\b r ought -to this . city .under the :seaiyby. ; Duff y ; in" or der^that .the record- made wouldtbe bffK ciai.^y / ",•_-. <: '\; * : *' --'\u25a0A So • swiftly 'did the \u25a0 aeroplane; descend ,that 'the'* aviator; was : nauseated: > How-" "ever, -J. he -reached an ;open:. field , and brbught,.;his /machine ; toother, ground' 'withouttinjury.v \u25a0 : ; : \u25a0;; :- \u25a0 • -*•', Dre^ii was/greatly disappointed when ;hV;foundVthat~ the >\ barograph* had failed 'to"register?an*even>lo)oo6jfeet.- : ;- c C^jy THE WEATHER T Highest temperature, 66; t Tuesday night, 53. FORECAST FOR TODAY — Unsettled, ~ Vfith'ram ; somewhat cooler; moderate south i winds. n TRIBUNAL TEARS ADISE ARCH GRAFTER'S BULWARK OF LEGAL TECHNICALITIES New Trial Is Denied and Curly Boss Must Begin Within 60 Days to Serve Sentence Of 14 Years in San Quentin Unless the Supreme Justices of the State Grant Delay HENEY, JOHNSON AND LAWLOR UPHELD Boodler Repulsed by the Appellate Court at Every Point of Attack Upon the Evidence Of the Prosecutors, Judge and Jury in the Trial for United Railroads Permit Bribery COMPLETE SUMMARY OF THE RUEF CASE OCTOBER 20. — Graft prosecution started In San Franelicn irlth the appointment of Francis J. \ Heney as assistant district at * torney by District Attorney William H. Lanstdon. OCTOBER • 25. — Acting • Mayor James L. Gallag-her tried to remove \u25a0 Lang-don ' from office and - appointed Abe Bncf as ' bis successor. Attempt failed. If OVBMBER " I 5 — Abe * Rnef and Mayor Eusene E. Sehmltx In dicted on five cotxnts for - ex \u25a0 tortlon In French restaurant ' ; cases. Rnef arrested. 10OT. FEBRUARY 15. — Ruef pleaded \u25a0nttt Kullty to extortion Indict ments. MARCH K.-1-Raef became a fugitive from Justice for three days . and was ' captured at Trocadero by Special Aceot Burns. MARCH 20-— Slxty-flve .Indict ments returned against Ruef for bribing super-risers on be half of the United Railroads, Gas company, Home telephone company and fight trust. APRIL o.— Ruef brought to trial , for extortion In the French restaurant cases. < " MAY 15.— Roef pleaded guilty to charge of extorting money from - French restaurant keep : ers. MAT 21 — Additional Indictments returned against Ruef. 1008. JANUARY S— Rnef sent to the county jail. JAXUARY 10. — Appellate court decided the French restaurant extortion ' Indictment* were In valid. MARCH 24. — Rnef brought 'to trial t for bribery In the Park - side case. MAY 21— Jury In Parkslde case disagreed, standing 6 to 6. JUNE 1^— Ruef brought to trial ' for bribing Supervisor 7ohn J. \u25a0 Furey with 94,000 to Influence , his vot* - on "United Railroads trolley -franchise NOVEMBER IS. — Francis J. ' Heney shot In projrresa of trial by - Morris Haa*. : Ruef re manded ' to 'county Jail; DECEMBER 10 — Ruef convicted of bribery. DECEMBER 29.— Ruef sentenced \ by 'Superior /Judge' l<awlor. to : 14 years' Imprisonment. 1909... DECEMBER 2. — Rnef, after year In county Jail, released on ball. 1910. JUNE 28.— Ruef filed voluminous transcript' on appeal with ap • pellate conrt. l : NOVEMBER 23. — Appellate court sustained .conviction of Ruef, and ; refused to • grant htm new - ;? trial. PREPARATIONS BEGUN FOR INAUGURAL BALL Committee -of 200 Businessmen 'Plan' Johnson Affair :ir SACRAMENTO, Nov., 23.— A commit tee of 200 'business' men was appointed today to, make preparations for the in augural ball to* mark the official wel come to ;the. administration of Gov ernor-elect Hiram W. Johnson. The ball will be held some time early In January. £ ' ' -. — -— — «—« — ... PEICE FIVE CENTS. THK district conrt of appeal In re~ tilnlaif Ruef a new trial ruled as follom on the 10 main points misedt 1. That the evidence vas suf ficient to support the verdict, the tes-« timonyi of Gallagher, Fmes and Wil son being corroborated by many inde pendent facts and circumstances. 2. That the fact of a juror hav ing read newspaper reports of a crime and formed some sort of opinion upon it does not necessarily disqualify him from acting as a juror. 3. That it is the province of the district attorney to find out all he can in a legitimate way as to the character, standing and integrity of trial jurors. 4. That Judge Lav>lor t>as not guilty of misconduct in the remarks he made as to witnesses and counsel. 5. That the admission of evi dence of other crimes committed by Ruef, not wholly independent of the crime for which he was hied, was not error on the part of the court 6. That there tvas no error in the admission in evidence, of the com plaint in the case of Langdon vs. CaU 7. That the court v>as justified in its refusal to discharge the jury after Heney was shot in court by Morris Haas. 8. That Judge Laislor did not err in reading to \he jury section 1 323 of the penal code while at the same time giving a separate instruction cov ering that section. 9. That Judge LaJslor did not err in refusing to instruct the jury that Supervisor Furey was an accomplice. 1 0. That the remarks to the jury of Hiram W. Johnson, attorney for the people, were not such as to call for a reversal of the case. The conviction of Abe Ruef of the crime of bribing former Supervisor John J. Furey on behalf of the United Railroads' overhead trolley permit stands. The district court, of appeal affirmed the decision and judgment of the superior court yesterday, and, un less the state supreme court grants a further hearing in the case of the archgrafter, Abe Ruef will be taken to San Quentin prison within 60 days. There he must serve a ter mof 14 years , to which he' was sentenced by Judge William P. Lawlor. ,Ruef and his attorney, Henry Ach. refused yesterday -..to discuss . this opinion of the appellate court, which was written by Presiding Justice Cooper and concurred in by Justices Hall and Kerrigan. The law cives' the defendant 40 days in which to prepare a petition for a* rehearing and submit it to the' highest state court. If that petition has not been filed or not acted upon by a stay within 60 days ,the appellate court will hand down a re mittitur. \Vhen that comes from the court the trickery and chicanery which Ruef and his lawyers have exercised /since "October, 1906, will. have proved .vain. Ruef will begin to pa ythe pen alty* for the corruption of San Fran cisco.- Technicalities Disregarded The decision of the appellante court was' based upon the broad legal prin ciple- that the appellate - court "mast