The San Francisco call. [volume], December 24, 1910, 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
CRESENT CITY
IS ADVISED TO
POSTPONE FAIR
Sentiment in Washington for
Two Expositions Grows
Stronger Daily
Compromise Includes Carnival
at Capital to Celebrate
\u25a0\u25a0 Opening of Canal
sentiment In the commercial bodies of
the city favorable to a two or three
weeks* carnival with official ceremon
ies at Washington.
"The exposition issue will come
squarely before congress after the holi
days and If New Orleans can not be
prevailed on to see the wisdom of the
proposed compromise the flrgt for rec
ognition will be a fight to the finish."
POSTOFFICE INSPECTOR
O'CONNELL IS PROMOTED
\u25a0 San Franciscan Put in Charge of
Northwest Division
[Special Dbpaich to The Call]
WASHINGTON, Dec 23.— Postmaster
General Hitchcock announcedtoday the
appointment of James O'Connell of
California as inspector in charge of
the postoffice inspection division, with
headquarters at Spokane and compris
ing the states of Washington, Oregon,
Idaho, Montana and also Alaska.
O'Connell for several years has been
ranking inspector at San Francisco and
is regarJed as one of the strongest
men in the Inspection service with
which he has been connected about 10
years.
Planned Notable Captures
James O'Connell Is a well known
San Franciscan and one of the ablest
men in the postofflce inspection serv
ice in the west. 1 He has planned and
executed some of the most notable
captures of postal thieves in late years,
and his promotion Is a natural result
of his recognized ability. He was
called east recently to aid in planning
for the postal savings bank system the
government is taking up.
GUGGENHEIMS SCORED
BY ALASKA DELEGATE
IWickersham Opposes Monopoly
of Cordova Harbor
[Special Dispatch to The Call]
WASHINGTON, Dec. 23.^— Delegate
James Wlckersham of Alaska, has be
gun a campaign to keep the Guggen
heim syndicate from getting absolute
control of the three , gateways into
Alaska — the Cordova harbor.
»« In letters to members, of the com
merce committee of the senate he
. alleged that the Clark bill introduced
in the senate would give the Copper
River railroad a monopoly of Cordova
harbor.
t\ ' "I think this is about the smoothest
gum shoe effort the Guggenheims have
; yet made in the direction of controlling
- the Alaska coal fields." Wickersham
\u25a0 said today. He declared that the bill
•was designed to give to the Copper
River road ownership of the entire
water front of Cordova bay and harbor
' to the exclusion of everybody else.
T APE; ESCAPE; CROWD;
STREETCAR; CREPE!
! "Big Ben" Apes Humans and
Gets Fractured Skull
LOS ANGELES, Dec 23.— "Big Ben,"
; a huge long tailed Sumatra ape. had a
- very human experience today, when he
\ got away from a "Jungle show" on
South Main street. Joined the Christmas
I choppers on the street for a brief period
*\u25a0\u25a0 of hilarity, finally collided with astreet
*; car and wound up at a hospital with a
I possible fracture of the skull, besides
X other serious injuries. Ben created
\ quite a commotion when he first joined
- the throng of people on the street, and
in the midst of the excitement started to
run across the street, when an oncoming
car hit him, knocking him senseless.
1 The unconscious ape was picked up and
|| carried into a building, where an in-
T terno from a nearby hospital, with ban
• dages and needles, attended to his hurts.
It is believed Ben will die.
SEARCH FOR AVIATOR
INDICATES TRAGEDY
Cecil S. Grace and His Aeroplane
Lost Over Sea
LONDON, Dec. 23.— With the ap t
proach of midnight and no tidings yet
of Cecil S. Grare, the intrepid young
aviator, who disappeared Thursday aft
ernoon while attempting a return cross
channel flight from Calais to Hover in
an aeroplane, the belief generally pre
vails in London that the old North sea
holds somewhere on its turbulent breast
the story of a tragedy. Every nook and
comer — on shore and inland — where it
was thought young Grace might have
landed was searched today, but un
availingly, aud the boats that churned
the channel and portions of the North
sea on the lookout for the youth or
wreckage of his machine likewise re
ported their search had been in vain.
\u2666 _ ._.».
Local Brevities
-. : _\u2666
r.LKEH USSEJTDEST HH&— Tacwna. Dec. 23.—
Elmer Lissenden. aged 48. di«l today after a
long illn«»s. He xr«g well known in tbeatrl
c«l rtrclen oa the PaHSc <roast.
KISTTSE OF MAILS IS CHABGED— John Spalota,
arrestM in.Lo« Anceles November 13 for send
ing- obscene matter through the malls from
. Stockton. • was brocsht to this city for trial
\u25a0 yesterday.
CIGASS CAUSE AKBXSTS— Gewre - Clement
and Richard Bernstein were arre«ted yester
day afternoon at Market and Sixth- streets by
J>rectiTes McLancblin and McGowan as they
were trying to dispose of half a dosea boxes
of cijrars.
OVXECOKE BT GAS— Mrs. Francewo Peppejt,
r»rt year* old, who recently arrived from
France, was removed to the central emergency
boepital yesterday morning at 3 o'clock, where
she was treated for pas asphyxiation. She
will recover. • . . .
FOET JO^'ES , BA2TK CERTIFIED— The state
banking department yesterday granted a cer
tificate to the Mount Shasta banking company
of Fort Jenes. The authorized capital i»
$100,000. $25,000 paid op. Th« Institution will
do a commercial and sa rings business.
THIEF SXJTTEICCED — lye glayton. a boiler
maker, was sentenced to six months In the
oouaty jail yesterday by Police Judge Conlan
for stealing clotbes from .- a Eearny street
store. A grand larceny charge, growing out
of the theft of a lodge pin In Third street. Is
pending against . May ton.
Ji'JUKED XV FlGHT— Frank L. Simmons of
1136 Post street waa taken to the central
emergency hospital at 3 - o'clock • yesterday
morning suffering from a fractured collar bone
eurtalned during m. fight with Frank Wood,
IS3O Walnut street, Berkeley. Wood was ar
rested and charged with battery.
"WAGON DETVEa- IK3TTILED— A. Bootner, 4131
Sixteenth street, driver of a - laundry wagoo,
was thrown to the street in a collision with a
streetcar at Turk and Googh streets yester
day morning, sustaining a compound fracture
of the left leg. He was taken to, the St.
rrancis hospital. Louis Phillips, tba motor
iuam, « v aamua tor fc*U«#.
Program for the Tetrazzini
Concert at Lotta's Fountain
i" j \u25a0
Selection Dreamland orchestra, Paul SteindorfT, director
t PknVrmae " r\»™l« \ Vested Choirs Good Samaritan Mission
f v_nnsimas L-arols. : < i y-i i *• o / t i i - i- :* «t \u0084.-,-
f ; ' - | and Church of -St. John the bvangelist
X "Hark, the- Herald Angels Sing." \u25a0\u25a0'* "
\u2666 j££i "O. Come, All Ye Faithful".. :\ .„ , ..
1 selection t .............. •:•:. . Dreamland orchestra
J "Good King Wenceslas"- .
t ' Cod Rest Ye, Merry Gentlemen. *.
X Selection . . ; . : . . . ; .-. ........ . . ... ....... .0rche5tra
X 8:25 p. m.— Appearance of Mme. Tetrazzini, introduced 'by Mayor
to P. H, McCarthy. • ; * ..
\u2666 Two songs . . . Mme. Tetrazzini
t [(a) "The Last Rose of ' Summer." . ;^
\u25a0I (b) The Waltz Song from Gounod's "Romeo 7 and Juliet."
j Concert begins at 7:45 p. m. ; j :
SONG BIRD PAYS
$200 FOR MEDAL
Silver Seal With Tetrazzinrs
Autograph Will Be Sent
Continued from . Page 1
medals, two going to "The Cabinet," a
luncheon club, through "Sam" Short
rldge, for $50, and the following went
at $20 each to W. ,H. Crocker, S. M.
Shortridge, Mrs. Simon, Mrs. W. F.
Boardman and Miss Ella Murphy.
Tetrazrini Then Sings
The crowds were permittee? to pass
by the table, and selling continued
until almost 5 o'clock, when Madame
Tetrazzini went to the musicians' gal
lery. The waiting crowds turned to her
and she sang "Pur dicesti," by Lottl,
to their delight. Applause and shouts
of enthusiasm compelled her to repeat
the number. There was some misun
derstanding about the middle of the
first rendering of the song between
her and her pianist, Benoist; some
body's place was lost and everything
wavered sadly for a moment. Tetraz
zini turned quickly, then stopped and,
laughing, waved her tiny hands with
characteristic gesture, ran to the piano
and set Benoist right and continued
her song.
Nothing could have pleased her au
dience more, it was so unaffected, so
spontaneous and confident that ap
plause broke out vigorously.
Seated at the table with Mme. Tet
razzini as she sold the stamps were
Mrs. Max Sloss, Mrs. John F. Merrill,
Mrs. Carroll Buck, Mrs. James P. Lang
horne. Miss Anna Beaver, Mrs. Thur
low McMullln and Mrs. William H.
Crocker.
Among those selling were Mrs. James
King Steele, Mrs. Francis Wayland
Lucas. Mrs. Walter Scott Franklin,
Mrs. Henry T. Brown of Los Angeles,
Mrs. Walter A. Scott, Miss Kathleen
Finpegan, Miss Anna Weller, Miss Jtilia
Langhorne, Miss Louise Bo.yd, Mies
Martha Calhoun and Miss Augusta
Foute. "
Mrs. Carroll Buck entertained at tea
afterwards in honor of Mme. Tetrazzini,
Mrs. John F. Merrill, Mrs. William H.
Crocker. Mrs. Eleanor Martin, Mrs.
James Potter Langhorne, Mrs. Thurlow
McMullin; Mrs. Max Sloss, Mrs. Reuben
Turner of Alcatraz island, Mrs. A. B.
Hammond and Miss Beaver.
JEWELRY VALUED
AT $5,000 STOLEN
Home of E. 0. McCormick, S. P.
Vice President, Ransacked
While Family Is at Dinner
Diamond rings, brooches, . necklaces
and other Jewelry valued at, nearly
$5,000 were stolen Tuesday night from
the home of E. O. McCormick, vice
president in charge of traffic of the
Southern Pacific The report reached
the police only yesterday. The resi
dence at 1950 Washington street near
Gough was entered while the family
was at dinner and the burglary was
discovered an hour later. Detective
Furman has been detailed on. the case.
The burglar, who Is supposed to be
the same man who ransacked the home ;
of Benno Hart, the silk Importer, and
homes of other wealthy men, climbed
to the roof of the porch and entered
through a window. He went through
the room of Miss Jennie McCormick,
turning the contents of the bureau
drawers on the floor. Much of the jew
elry was valued at more than its in
trinsic worth, as it was the gift of
McCormick to his daughter, and the
Jewelry belonged originally to his first
wife, now dead.
An inventory has established the fact
that the loss will exceed $3,000 and
probably will reach $5,000. Aroused by
the activity of this burglar, Chief Sey
mour has detailed a score of detectives
to the streets of the fashionable dis
trict in an effort to apprehend him.
It probably was the same man who
robbed th© home of Attorney Henry H.
Davis at 1101 Masonic avenue . late
Thursday night, obtaining jewelry
worth $100. James Patterton of : 312
De Long avenue also reported to the
police yesterday that his home had
been entered and $100 worth of jewelry
stolen. ' . \u25a0 , / . . ;: .
Francisco Romano, who lives "at 10
Neptune street, reported yesterday, that
some one with a, keyj to his roomiand
trunk had robbed him of $500, , which
he had hidden. In the , triinkr beneath 7a
pile of clothing.
Louis Rothenberger; of 17 Fair ave
nue was held up and, robbed by two
highwaymen at Mission" and Fourteenth
streets early - yesterday- morning. ;i- He
lost a watch and chain valued at $60.
James Hahey of 1402 Broadway re
ported that a pickpocket had ' deprived
him" of a-'pocketbook containing, a
promissory not for $1,850 and other pa
pers.
SEWER PROVIDED" FOR
GLENN PARK DISTRICT
After considerable agitation residents
of the Glenn park district have secured
an" outlet' sewer, running ln*> Diamond
street from- Sussex * southerly/ to^lslala
creek. - The board of ; public works recr
ommended :. yesterday -. that the j sum -of
$28,000 be set aside: for this work. This
appropriation will be ; made ?' from - : the
sale 'of sewer bonds issued in . 1104.W ; s
' OXLY ONES "BROMO ; QUIN IXE"
That Is Laxatl ve Bromo ' Quinine. Look
for signature of E.W. Grove."? Used world
ever to Cure a Cold In One Day. 25c, •
THE SA]ST ffBASTOISCQ QAJbL; SATURDAY, DECEMBER 124; 1910.
GREEN FIRE WILL
ANNOUNCE SINGER
Flare From Big Buildings to Tell
City When Tetrazzini
Reaches Fountain
Continued from Pnjzre 1
throng to remove their hats. Then
Tetrazzini will sing.
Her first number will be the ballad
song, "The Last Rose of Summer."
This she will follow with a brilliant
i waltz song- from Gounod's opera of
"Romeo and Juliet," a number which
will give full opportunity for her won
derful colorature soprano.
A dlctataphone -is to be placed near
the stand members of the Bohemian
club. so that. fellow members absent in
Los Angeles may hear. the wonderful
notes carried 500 miles over the wire.
Flash light photographs and moving
pictures will be taken of the singer
and of the vast throngs that gather in
the , San Francisco streets on Christmas
eve to hear the wonderful singer.
Two women officers of the Glen Park
improvement club, Mrs. A. J. Bler
wlrth of 289 Surrey street and Miss
Helen M. Johnson of 43 Sussex street,
requested Mayor McCarthy yesterday
not to have the . Tetrazzini concert at
Lotta's fountain. for fear there might
be an accident such as happened in
Stockholm when Christina Neilsen sang
in the streets of that city. The women
suggested that the concert be held in
Golden Gate park Christmas afternoon.
Mayor McCarthy calmed the fears of
the women by explaining to them the
elaborate preparations which the police
will take to handle the crowd and to
prevent any accident.
After conferring with Mayor Mc-
Carthy yesterday Chief of Police Sey
mour issued specific orders to his men
in the matter of handling the crowd.
Captain Shea will have charge of Mar
ket street with two watches of men
and Captain O'Day will have charge of
Geary and Kearny streets and at the
singing platform with two watches.
All vehicles and automobile traffic will
be" stopped at 8 o'clock. In addition to
those watches policemen will be de
tailed from all companies in the city to
police the song center.
The United Railroads has arranged
to divert traffic on the Market street
lines beginning at 8 o'clock and con
tinuing until after the Tetrazzini sone
festival. .
MARTIN TO HEAD
THE MORSE PATROL
Former Chief of Police Wanted
for Local Detective
Service-,
Former Chief of Police John B. Mar-.
tin, whose administration met with the
displeasure of Mayor P. H. McCarthy
and was abruptly terminated last Sep
tember, is about to find a berthsome
what in the nature of his late duties.
The position of active head of the
Morse detective and patrol service has '
been tendered Martin, and it is pro
posed that he enter upon his duties at
once.
Neg-otlatlons have . been under way
for several weeks. The rumors that
the former chief would be given charge
of, the big patrol company have been
going the rounds for nearly a month.
The. plans are beginning to crystallize
and within two days the final steps
to bring about the change will be
taken: . .
With : the passing of Martin to con
trol, of the Morse agency, a rumor from
a reliable source has it thaf Captain
Jack deary, for years connected with
the Morse guard, will be reinstated on
the police force. 'Captain Cleary was
a detective sergeant 16 years "ago \u25a0 and
was forced out of the" police machinery
as a result of an Investigation con
ducted by ; the police \u25a0\u25a0 commission" into
a question of discipline.
Great secrecy is observed on all sides.
Harry Morse, head of the- patrol, is
reticent regarding the proposed: change
and was' Inclined ;. to laugh the ' sug
gestion down. He said .the matter was
entirely In the hands of J. J. Callun
dan, manager, „ who was authorized ,to
give out a statement.
' "It. is true we have been negotiating
with * former Chief . Martin to : connect
himself with this service,*': said Cullun
dan, Vbu^ we; have decided \ nothing i at
this time. By Tuesday I think , we" shall
be in a position jto make a correct state
ment regarding^ former ,;• Chiefs Martin's
association with > this \u25a0 patrol." ; : We J have
been considering the; matter ; f or : ; some
ti me, : , bu t th e '-, whole ' sub j ect '•\u25a0 i s (up ; In
the air at present." v ; -
' Former Chief Martin said he had dis
cussed Callundan's proposal 'with "the
Morse people. :' He said; nothing.' definite
was^arrived '\u25a0 at y et. . \u25a0 Martin \u25a0 looks > upon
the Morse patrol as' being* sufficiently
similar' to,-; his". lifelong.? duties^inV the
police department -to make fts manage
ment i desirable.
i':." Martin ; retired on a pension of ? 1 00 a
month. ,; '.; .-\u25a0 •\u25a0 '\u25a0\u25a0\u25a0\u25a0"\u25a0-- -\u25a0•".'\u25a0
STREETCAR TRAFFIC
BLOCKEDIBY A WAGON
;•\u25a0 Caught; between Y.two; cable :> cars at
California and Pierce streets last ni ght,^
a** > delivery ; ; f or : 'Z Robs " Bros,
blocked < traffic i for, a quarter, of '\u25a0. an '\u25a0 hour
and caused^ injoryjito a /gripman . and ; a/
passenger. 1 ';) To * avoid 2 beingr^struck V by
theh",inbound car;( the'; horse wasj reined
sharply ) ln\ front fot » lt^itheCwagon J-be
comingi stuck, there. ;/ iF. : !Smithers,-?grip-''
manfof I the outbound rcar.Tand | Philip { "LT
Bush. of I the^Califbrnia^ fruit Scanners'?
association -were^ severely .' bruised.
-: -":•\u25a0/ -\u25a0-':--.- \u25a0:.-\u25a0\u25a0\u25a0:\u25a0\u25a0:-•'\u25a0 '..».-\u25a0: - ..p: -"\u25a0 \
\ i • . '. . {: < - \u25a0
RUEF'S NEW POINTS
REJECTED BY COURT
Petition .for Rehearing Denied,
While Jurists Admit Inac
curacy in Decision
Change in Phraseology Makes
No Difference in the Ruling \
Against Convicted Boss
Abe Ruef's petition for a- rehearing
was denied yesterday •by the appellate
court and once again the 10 volumes of
briefs prepared by the deposed boss
have been of ho avail. The supreme
court undoubtedly will be called "upon
to pass on Ruef's. points in support of
his petition for a new trial.
In the petition for a rehearing the
defendant 'urged some points' that were
not made in the voluminous briefs.
There is a grain of sarcasm In the de
cision of the appellate court, which re
fused to take- the points seriously be
cause they were not Included in the 10
volumes of briefs.
I The opinion in. full follows :
On this petition for a rehearing our atten
tion is called to certain statements which have
inadVertently found their way into the opinion
filed, In thlß case , and which are not' strictly
ac £" rat «- ,w « therefore order as follows:
me following clause, found on pages 7 and
Bof the opinion. Is stricken out: "That all this
sum was paid to defendant in <: currency, and
afterwards $150,000 more, making a total
of $200,000, . was paid to . defendant, also In cur
rency; that defendant paid or handed over to
Gallagher $85,000 of this sum. also In cur
rency, of which Gallagher paid Wilson, slo,ooo,"
and In lieu- thereof insert the following:
That Gallagher, -as agent of and acting: under
tne instructions of defendant., came Into posses
sion, of $85,000, of which sum he paid to Wil
son $10,000." ..
The following portion 'of said opinion, found
on page 8, is stricken out: "That the money
taken from the mint, the $200,000, did- not
nPPfor of record in the books of the United
Railroads." •: \u0084 - .
The following clause of the | opinion. \u25a0 found
on page 9. is stricken out: "which order was
afterwards held void by the courts." :. '
The following portion of said opinion, found
on.Paßes 36 and 87, is stricken out:
The prosecution had offered ' evidence, and
the defendant had offered none. The instruc
tion therefore - could only be applied -to ; the
prosecution. As the defendant had offered no
evidence, - there was no Inferior, evidence on j his
part to .which the presumption . that higher
evidence would have been adverse . if produced
could apply. As he had offered no evidence,
either Inferior or. otherwise, there was no evi
dence to be viewed with distrust except the
evidence on behalf of. the prosecution.";
On this petition for a rehearing the defendant
claims for the first ' time that the indictment
does nolu. state facts sufficient to . constitute a
public offense, for the. reason that It falls to
allege that- the board of supervisors of the
city and county of San Francisco had jurisdic
tion to enact the ordinance granting a fran
chise to the United Railroads to . operate an
overhead trolley system.
The proposition contended for is that the de
fendant, after . having offered to bribe a , mem
ber of the board of supervisors for the pur
pose of corruptly influencing the official action
of said member, and after having succeeded In
procuring the action of the board in his favor
and as he desired, can now be allowed in a
court of Justice to question collaterally the
power of the board to do tho very thing "which
he offered to pay its members to do.
If we considered the contention as serious
It is sufficient to say . that we will not now
grant a rehearing 'to consider a question which
was not even ralsod in \u25a0 the ten volumes of
briefs on file at the time we rendered our
decision. \u25a0 , . .
The petition for a rehearing is denied.
BABES FATALLY BURNED
WHILE MOTHER SHOPS
Little Ones; . Locked in Room,
of Flames
'. DOVER, N. J., Dec. 23.— While Mrs.
William Somboy was 'shopping today
for Christmas, her two . children, .one
aged 2% years, the other -. 6, years,
whom she had locked in a room on the
lower floor, were burned , to death. A
neighbor, breaking into the house,
tried: to pull the littleones out of bed
wh.ere they \ had sought -refuge." One
of "the children was so badly burned
that he died In a few minutes. The
other .was dead In bed. - -
MOTHER SAVES BABY BY
TOSSING FROM WINDOW
Little One, Bundled in Pillows,
Safely Caught
CHICAGO, Dec. 23.— Hemmed iin by
fire In an upper story, Mrs. E.J. Cox
today tied her year fold baby between
two pillows and threw the infant out
of a window. The bundle was safely
caught by ;a« neighbor, -who then
climbed a porch and assisted Mrs. Cox
across a slippery roof and : down to the
street. The woman's home ,was prac
tically destroyed. ; .
3j HII :..-.':\u25a0 ;BHI ' \u25a0 /v . H9 .. ; ,Wa MgW * -'- ; flfllB " " \u25a0 \u25a0 BBb : -"' kBB ' iKB ' Bga tpfi f ffSf wffia " PMHB £-J BB ft I\u25a0 I
9 - overcoats ever shown *^S" one's comprehension: /i^\ RuSSia.ll BloilSß N
31 than all the stores- in BSB^^SJBEBKkk . - .- . * . - > . *^^^S^-J|R^w ' "t
P the city combined. gSffi^^^^^Si devoted entirely to /^W^/M^ AgCS 2V * *° ?*? * /fxW^k $
JS HK^SiiiO Inverness Overcoats. J^^^^^m D *i\ i II « mm tfial;6D§6 »
m $mgm IPI The convertible collar i&jmM M Coy s uvercoats iA \u0084 _jg Boy'c Knee Suits'*
B [ '- / 'lfflPJB?& Ulster Overcoats. . MsdP^fr fiO 7^^' AA !^|
H MbswP And Overcoats of every @P^ %P*Jm\J\J &O»vlvJ ! \
H ®v^ description— sls to $60. . Better "grades up to $15 && Better graded up to $15 i
I OVERCOAT SPECIALISTS "%
H Kearny Street ' At Post I
Dr. ffitt Denies Positively
He Offered to Murder Infant
Surgeon Says That He Had No Desire to Oust
Burke and Take Charge of Sanatorium
had threatened to blow, herself up. I
asked him where!she" could get any ex
plosives!and he said he had found her
looking at a ' small bottle, of nitro
glycerin,' kept in the. medicine chest for
medical purposes. I pointed out that
the solution was far.' too weak" for the
purpose of blowing one's self up. Doc
tor Bur ke did not ' reply. 'He walked
to a window, looked down the- road to
.>-.-. • . \u0084-.- \u25a0 .... . \u25a0\u25a0 \u25a0•.' . \u25a0\u25a0\u25a0 %i
where his house stood -and then, turn
ing, said: 'I will stick to those later
who stick to>me now.'"
\u25a0 Affairs began to grow • from -bad to
worse. Doctor Hltt explained in hisjan
swers,' and ultimately so pronounced
were his fears that' he wrote to Attor
ney; Nay lor of San Francisco, apprising
him .of the conditions. : V- , ;'-'; '-
' "I was suspicious and 111 at east," he
said,- "and Iwrote to Naylor because I
knew him to.be an old friend of Doctor
Burkes and also of mine." ,
• ' The letter .was as follows:
.•-\u25a0'\u25a0\u25a0."Dear Friend: Please keep this on file
for some time until we see how things
turn out.; Yours; •• ADDISON.
"Santa Rosa, Dec. 23, 1909.<
"]My Dear Mr. Naylor: Pardon me.for
using this paper, as I t do not wish to
use the - regular letterhead. Condi
tions" here are'drifting closer to the
dangerous ; shore; J fear, as Doctor
Burke., has revealed several times that
Mrs.' Lv ; Smith "is "trying to get some
dynamite of our cases and has
threatened to-blow -herself and child to
atoms, r - « ?,,,-\u25a0 . • - :
"This does not sound just right to me,
and Miss Smith agrees with my opinion
in the matter. : • \
"I trust no great tragedy Is to take
place, as it would be . a terrible thing.
Doctor Burke sent Mrs. Lv Smith more
money today, so it seems he is living in
fear. . I think the : man taken "to town
the day the three men claimed to be
autoists in trouble (November 26) was
a lawyer and that he fixed it with him.
I will be down, I suppose, Friday or
Saturday, can't say positively at pres
ent. Will drop you a line later if I
find I can come. With kindest regards,
I am, yours very truly,
A. W. HITT."
LU ETTA TELEPHONED
- Continuing, the witness said that
after Doctor Burke had left for the
mine he had encountered Lv Etta
Smith at the telephone, trying to get
legal help from San Francisco.
"I thought that Doctor Burke should
know of this," he said, "and when he
returned I met him at Fulton with the
Intention of thrashing out the entire
situation. As we drove to tne sana
torium I asked him pqintblank if he
was the father of the child. He re
plied, saying that he was not the
physical father, but might be the spir
itual father,, as Lv Etta Smith had a
great regard for his higher" mentality.
I did- not pretend to 'understand the
situation and remarked back that what
ever-may be the extent of child's
spiritual paternity, In my opinion it
waa undoubtedly a Burke physically. I
asked him If he suspected either of his
two nephews of being the father and
he said he did not. -
In, regard to the dynamite Doctor
Hltt said:
: "As Doctor Burke left the train he
was carrying a small, grip. He refused
to place sit down in the bottom of the
buggy, as I requested, but carried it
on his knees all the way to the sani
tarium. We had plenty of room in the
buggy and I remember^he incident be
cause of lts_ peculiarity.
PLOT DENIED
On cross examination Doctor Hitt
was questioned closely as to the al
leged plot to oust Doctor Burke- from
the ; sanatorium. He denied' all knowl
edge of it. . ; %
"At the time you had that conversa
tion with Doctor Burke at .Fulton did
you say anything v about the , mental
condition of Lv Etta Smith?" he wa3
asked.. - . '\u25a0-
v:"Yes, we discussed that phase also.
Doctor Burke informed "me that the
woman was crazy. ;I; I asked him why
he did not have her sent to an Insane
asylum and he replied * that she would
Continued, from Page 1
have to commit some overt act before
the law would 'interfere."
"You were . sympathizing somewhat
with him on 'the trouble??
"I thought he should be acquainted
with what the woman was trying to
do, that it would only be fair and just
to him."
"Yes, and did you not state to Doc
tor Burke at that time that you would
like to treat the child if it fell sick,
and that If you did it would not give
any more bother?"
The springing of the sensation
brought the _ courtroom to a dead
silence. Up to then the interest had
been lagging somewhat, but with it
every question and every answer was
followed, .with . the keenest interest.
This was not .the^ only startling point
of the trial today.
Another was developed by the testi
mony of G. R. Pierce, an automobile
dealer, who testified, to some of the
mysteries of the mysterious ' Marion
Derrig, for .whom : the prosecution has
made a, vain search.
' .His testimony was to the effect* that
until recently- the woman lived with
him in Los Angeles and at the Hoselyn
apartments In San Francisco and went
\u25a0under the name of Mrs. Pierce. "She
lived with me for about four years,"
said Pierce," "but I have not seen her
since? April 10 in Los. Angeles. She
was' employed as a demonstrator. Be
sides the names of Pierce and Derrig,
she has also- gone under that of Marion
Summerville."
JURORS INFLUENCED
The, prosecuting attorney endeavored
to prove |by ' Pierce that the Derrig
woman purchased the steamer ticket
for Lv Etta Smithat the time she went
to Japan, but Pierce seemed-to be much
in the dark regarding the woman of
mystery as any one else. He said that
he did not know where she was at
present. The defense did not cros3 ex
amine him. • «
That a decided effort Is being made
to influence jurors in the trial was
brought out today when District At
torney Lea notified Judge Seawell that
Interested spectators would gather at
the doors as the jury passed out and
comment In audible manner of the in
nocence of Burke.
i Judge Seawell took immediate ac
tion. He instructed the jury to realize
that they were officers of the court and
that if any person tried to speak of
the case to them to inform him they
were on the Jury.
"If such persons insist on talking to
you," he said, "report them to me."
District Attorney Lea declared that
he did not have any particular suspi
cions. . -
"The case is being discussed too
freely in the presence of the jurors.
Of 'late this became so marked that
I called , the attention of the court
to it," he said. . i'--C-<
v The case was postponed to Tuesday
morning.
.. "We" may all lay aside the cares of
this trial,'" said Judge Seawell.-" In dis
missing the jury for the time being,
"and enter into the . festivities of the
holiday season."
The other witnesses who testified to
day were George Noel and Dr. H. F.
Dessau of the sanatorium, both of
whom corroborated the testimony of
the more important witnesses.
TRIAL OF ALLEGED
DIAMOND THIEF SET
Samuel Cox, who was pursued
through the business 1 district Thurs
day night with a.tray containing $3,000
worth of diamonds in his hands, was
arraigned before Police Judge Shortall
yesterday and - his case was' set for
Thursday, December 29. The tray .. of
jewelry was taken from the store of
William Glindemann, 818 Market street.
One of the 23 diamond rings stolen has
not been found.
TWO KTT.T.ET) IN PISTOL FIGHT— Mount Ster
ling. Ky.. Dec. 23. — Clinton Allen, deputy
United States marshal, and his brother. Wal
ter, \rere shot to death In a pistol fight here
last night with James Tiptos, a special police
man, and Michael Gibbons, a saloon keeper.
MRS. MARTIN IS 3
CONVICTED AGAIN
Woman Conducted Own Defense
and Made Dramatic Plea
to the Jury
Found Guilty Before, but the*
Verdict Was Reversed by
Higher Court
Continued from Pace 1
the most .dramatic scenes ever wit
nessed In the Alameda county courts
as she made her plea to the jury for
acquittal.
Mrs. v Martin was visibly affected by
the finding of the jury.
The jury went out a few minutes |
before 3 o'clock. No ballot was taken jj
for a long time, but a discussion of J
the case began almost at once, and was |
kept up briskly. Exhibits were seat f
for twice.
The 12 men were locked up in a room, I
in the rear of the courthouse building, 2
on the second floor. It was just oppo- I
site Mrs. Martin's room in the county I
jail, and she could look into the jury- ,,
room from her window. She was not
permitted to do *o, however. Mrs.
White, matron of the Jail, changed her:
.•quarters temporarily to another part of
the jail.
Her son. Henry Hoffman, was present^
in court today, and stayed in the court**
room while the jury was deliberating.
He kissed his mother affectionately
when he greeted her this morning.
Assistant District Attorney Hynea
closed his argument to the jury •at
noon. Judge Wells read his instruc
tions at the opening of the afternoon
session, after which the 12 men went
out. ... f
The crime of which Mrs. Martin was
accused was the dynamiting of Judge
F. B. Ogden's home the night of March,
19, 1907. Ogden decided against her in
a suit she brought against the West
chester fire insurance company. It waa
not untl> Mrs. Martin was arrested in
Weaverville. Trinity county, more than
a year later, that she was charged with,
any connection with the crime. "Baby
John" Martin, whom she reared and
who posed for many years as her son. i
told the authorities of Trinity county
that Mrs. Martin had compelled him to
place a bomb on Judge Ogden's porch,
and set it off.
, Mrs. Martin made the bomb, he said,
and It was under the threat that she
would kill him if he did not obey that
he blew up the Ogden porch. Judge
Ogden was away from home at the
time. His wife and children, who were
In the house, were uninjured, although
the front part ,of the house waa
wrecked. "Baby John" told the au
thorities of a number of other crimes
which, he said. Mrs. Martin had com
mitted. The Oakland policy led by
him, unearthed a box of dynamite, ar
ranged for an explosion. In De Fremery
park. It had been Intended by her for
Judge Samuels, the boy said.
' At her first trial Mrs. Martin waa
convicted and given a life sentence.
Her attorneys, A. L. Frick and B. J.
Wyman. appealed and the decision was
reversed. During the trial that has
just ended, Mrs. Martin acted as her
own attorney, examining and cross ex
amining witnesses and making the ar
gument to the jury. Attorney E.- E.
Gehrlng assisted her with advice.
RECEIVERS NAMED FOR -\u0084: Sli
METROPOLIS COMPANY!^
Attorneys Reach Compromise in
Construction Concern Case
John Daniel, A. B. Tognazzl and Ed
mund F. Greene were appointed re
ceivers of the Metropolis construction
company yesterday by United States
District Judge De Haven a3 the result
of a compromise reached between At
torneys William I. Brobeck and B. M.
Aiken. representing the creditors, and
F. H. Dam, appearing for the company.
The receivers have been placed under a
bond of $100,000. The receivers are to
hold their positions, without compensa
tion, until the petition for involuntary
bankruptcy Is withdrawn or a trustee is
named. In any case they will not con
tinue in charge of the company's af
fairs after. February 1.