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The San Francisco call. (San Francisco [Calif.]) 1895-1913, January 06, 1911, Image 1

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Physician Poses as Philanthro
pist, With His Accuser as
Insane Patient
Defense Alleges That Prosecu
tion for Dynamiting Is Based
on Woman's Dream
[Special Dispatch to The Call]
SANTA ROSA, Jan. Love, born of
periodic dementia, nurtured on Hindu
philosophy and developed In the dreams
of Lv Etta-Smith, made an innocent
victim of Or. Willard P. Burke, ac
cording to the statement of his
attorneys today. This is the first time
that the counsel for the physician ac
cused of'dynamiting the woman's tent
have given any definite utterance re
garding the theory of the defense. And
it is a direct contradiction of almost
everything the prosecution has pre
Instead of Doctor Burke making love
to Lv Etta Smith, the defense expects
to prove she made love-to —that
the stranse views on love and religion
■whlfh he is supposed to have imparted
*o her for the purpose of quieting her
conventional .scruples, originated first
in her brain.
"It is the intention of the defense to
Show." said Attorney Cowan, '"that Lv
Etta Smith. Is the mind of Doctor
Burke, was an Interesting patient. Our
coutention is that he found the girl
friendless and without finances and
studied her case as he would have
that of any other Interesting patient,
We rill show that the woman suffers
from periodical dementia, and. as is
very often the case, during her normal
moments her mind is abnormally keen
and bright;
"We will show that she was a keen
and abnormal student of the finer
philosophies, promulgated a doctrine of
a so called immaculate conception and
believed herself in . love with Doctor
Burke, as she did with other persons,
notably the professor of English at the
University of California.
"The love thesis which was brought
out by the prosecution was merely a
reply to communications and conversa
tions she formerly- held with Doctor
Burke. It was given to her more for
the purpose of quieting her troubled
mind. Furthermore, we will show, that
apart from her Infatuation for Doctor
Burke she continually advanced a doc
trine upholding that every woman
should be a mother, irrespective of ties
of marriage. Long before there. was
any hint of any of those alleged rela
tions with Doctor Burke she made
statements saying she Intended to have
"a child.
"That portion of her testimony deal-
ing with Doctor Burkes tactics In the
osteopathic room we will show to be
absolutely false, and at the best the
results of a disordered mind.
"In regard to the dynamiting charge,
we are confident we are able to prove
that it was physically Impossible for
Doctor Burke to have exploded the dy
namite. He was making his customary
round of the wards, seeing to his pa
tients *at the time.'
"We have a number of witnesses and
at the conclusion we are confident that
the case will appear in its true light—
a charge -based on a semi-Insane
"woman's dream strengthened by gos
sip and rumor and the malicious lies of
a few persons opposed to Doctor Burke
• and whose only aim was to obtain
money from him."
The statement was made at the close
of a day of arguments on a motion
made by the defense to strike out all
the testimony dealing with Marlon
Derrlg on.the ground that no evidence
had -pen produced by the prosecution
connecting her with Doctor Burke.
jrnyjLws babies ill
The jury was excused while the ar-
guments were being heard and for the
further reason that Juror George W.
Hall of Cloverdale was unable to be
present on account of the sickness of
his two children. He reported, to the
court yesterday that, the little ones had
pneumonia and their cases were so
critical this morning that he begged to
be excused for the day. Judge Seawell
granted "the request, but in order to
push matters with all possible, rapidity
took advantage of the occasion to hear
the arguments on the motion. ;'•-:.-.'•
The defense;;, argued that the only
connection between Doctor Burke and
Marlon Derrlg had been shown through
• the declarations, of a third person and
therefore was - inadmissible.
The prosecution.urged that the evi
dence was sufficient jto prove agencies
In criminal cases, which, usually were
secretive and therefore could not be
governed by the rules as civil actions.
The court will pass on the;question at
the opening of court tomorrow.
The day's respite from the strain of
the. trial was a great relief to all'con
nected 1 with it. Several of the jurors
are suffering from , bad colds' and grip,
as are also both the attorneys j for, the
defense. There *is a; general fear: that
unless the proceedings are brought to
a speedy termination. some other juror
will have to take to his bed and there
by cause still. further delays. The de
fense expects to have Its evidence in
within eight trial days. ~ t ".; ',
The case is one of the most expensive
the, county has; had for several years.
Many of ;; the witnesses _ have been
brought * from long I distances, ' some' of
Ua» from New .York, ••
THE San Francisco CALL
Hart North, Who
Will Be Removed
By the President
New York Customs Official De
mands Investigation of
[Special Dispatch to The Call]
NEW YORK, Jan. s.—lt is learned
here that Collector Loeb, the terror of
returning travelers, has been camping
on the trail of Mrs. George W. McNear,
a wealthy society woman of Oakland,,
Cal. He has. been twice after the San
Francisco customs authorities on the
ground that Mrs. McNear acted sus
piciously in . sending her trunks
through to Oakland in bond after her
arrival from Europe last spring. -As
he received no answer, to his first
warning to look out for Mrs. McNear,
he touched up the collector at San
Francisco again recently and has Just
received a report, the nature of which
he declines to disclose.
Mrs. McNear:,and a large collection
of trunks arrived In New* York on the
North ; German Lloyd liner Amerlka
February.' 3 last from Hamburg. Loeb's
force rolled up ' its" sleeves, but Mrs.
McNear said that she had signed no I
customs declaration and would send
her baggage to her home in bond.
Loeb has given New York the name
of being the most merciless port in
the United States. Upon the least sus
picion of concealment or undervalua
tion his men are under orders to treat
the suspected person as a smuggler
until proved,innocent. He has been no
respector of wealth or station.
When thus passed by, Loeb con
ceived the Idea that the Californlan
expected either to escape with a light
er declaration than would go in New
York or to deceive the western inspec
tors, who might be awed by her. He
therefore wrote them to be on their
guard. : ■
Mrs. McNear's trunks were sent on
and duly examined at her home, the
duties assessed and paid. '"': But . Loeb
did not forget. . Receiving no .answer
to his warning he called for a report,
which he has just now received.
Stratton Silent
Collector of the Port F. S. Stratton
refused to make any statement yester
day In regard to Mrs. McNear's trunks.
He was silent when asked whether the
government had profited by Loeb's tip,
although admitting that. Loeb had
communicated with him. /
T. M. C. A. BOTLDIWG BTTElTEn—Kalamazoo,
Mich. Jan. s.—The Young Men's Christian
association building in this city was destroyed
by Are early today with a loss estimated at
$00,000. ,
Spalding's Strength Among Legislators Increased -by
c Realization of Absurdity of Judge's Claims
[Special Dispatch to The Call]
MENTO, - Jan. s.—Judge Works denied
tonight that he had received Spalding's
telegram. He - admitted that he -had
been apprised of -its contents, - but de
clined to frame any answer on' the
theory ,that he could not,answer. some
thing that he had,not received. *
:,: Late tonight Mayor Grant Conard of
San Diego, the Lincoln-Roosevelt
leaguer -• who ,is at the '■; head vof the
Spalding campaign , committee, Issued
the following statement: » ......
■ "Our position;is,materially strength
ened today by • reason of the fact ;that
legislators ; north ;' of' the' Tehachapl
have discovered that the claim of
[Special Dispatch to The Call]
mmel, the New York lawyer who served
a • term :in Blackwell's island ' for per
jury, Is , facing; the .< charge lof • having
falsified his customs declaration at San
Francisco. The . case Involves a heavy
fine ;or Imprisonment, or. both. j
Hummel . arrived . In San' Francisco
last; springy from ,» the ..-' orient, after
spending two years in England, where
he resided with, his 'sisters,' Mrs." Sophie
Kaffenburgh and Miss Bertha Hummel.
On the strength - of: this' Jit? ' filled ' out a
Taft and Nagel Decide to Re
move Suspended Immigra
tion Commissioner
Announcement Is Sad News to
Chinatown and Grant Ave
nue Wears Crepe
WASHINGTON, Jan. 6.— has been
decided by the president and the sec
retary of commerce and labor that
Hart North, commissioner of Immi
gration at San Francisco, , now undar
suspension, must be removed. The af
fairs, of North's office have been found
to be so badly demoralized that hlB
restoration to duty is Impossible.
North must leave without. vindication.
He sought to have the charges , with
drawn and his record approved so that
he might resign in honor. This was
not agreed to by the authorities.
The action taken in the North mat
ter follows the report made to Wash
ington by Luther Steward, acting com
missioner, and H. Edsell, special agent.
Their work of Investigation will con
tinue, as there is a great mass of de
tail to go through.
One of the reasons that hastened
North's decapitation was his record for
overstepping his Jurisdiction. A num
ber of times he had attempted to step
into the domain of the customs, and
when his invasion was resented he filed
charges in Washington against Col
lector of the Port Stratton. Each time
North was reprimanded by the depart
ment. Although North's attempts to
enlarge his Jurisdiction interfered with
Stratton's work, It is said that Strat
ton did not file any charges against
North. ' , .
Justice Has Prevailed
"When North was suspended from duty
he issued a statement to the press in
which he said:
"I am wholly unadvised as to the
reason for this action. lam sufficient
ly a good American, however, "> to feel
that in j the end Justice will J prevail."
"Justice has spoken, and her stern de
cree will bring tears,to the eyes of a
vast number of undesirable aliens whose
hope of landing in the United States Is
thus shattered by the removal of their
friend from the 'gateway.-
While North has been judged by his
own acts and found wanting, the " im
mediate cause of.his decapitation lies
in,the charges filed against him by Im
migration Inspector Frank Ainsworth.
Until Ainsworth interfered North was
making possible - the landing here of
an endless and ever growing stream of
Hindus. Ainsworth protested, and was
transferred by North to other duty
where he was helpless to stem the tide
of undesirable immigration. Ainsworth
then filed charges against \ North, and
now comes word that North . must go.
Ainsworth still Is in the service, and
recently was selected to take charge "of
important work In San Diego.
Appointed in 1898
North was appointed commissioner of
Immigration In January, 1898. Imme
diately preceding his appointment he
had been a member of the state legis
lature, and ; his appointment was gen
erally regarded as a mark of Senator
Continued on Pane 7, Column 2
Judge Wtorks* supporters to the effect
that they-have a solid delegation from
southern California, with the exception
of San ; Diego, for Judge i Works' is ab
surd and without foundation.
"We have a majority of the legis
lators south of the Tehachapl for
Spalding and reiterate our statement
of yesterday to the effect that Judge
Works not only has a minority of
votes of the legislators, south of the
Tehachapl, but lacks the solid support
of 'his own delegation from Los An
geles county. , ; ;
"We will;have at least 70 votes on
joint .ballot, which insures the election
of Spalding."
foreign declaration, . describing himsell
as an Englishman. .',
The question of citizenship meant as
much to the government as to Hummel,
since foreigners are ; entitled * to bring
in all of their personal effects free of
duty. So the treasury department or
dered Collector Stratton lof San Fran-
cisco,to make a report. ' % ■
The „ department i has - decided ' that
Hummel wrongfully declaredihis citi
zenship, with a view ito defrauding ' the
government. Proceedings will-■" be In
stitutes against him in New York. •- j
Pretty Lass Induces Chum to
Accuse C. Knickerbocker of '•
Serious Offenses '
Confession of Culprit on Wit
ness Stand, Who Partially
Blames Police Chief-
[Special Dispatch to The Call]
SAN. JOSE, Jan. 6.—That Charles
Knickerbocker, member of one of the
leading families- in San Jose, was the
victim of pretty 15 year old Helen
Gratapaglia's desire to "get even" for
a fancied slight, but that her plan for
revenge would never have succeeded
but for the sweating methods of the
San Jose police J department, was the
gist of the evidence given at the pre
liminary examination of the young man
this afternoon.
Knickerbocker was (Treated in March,
1909, for attacking tHelene Gratapaglla
and Edna Weeds September 22, 1908,
*°? released on $2,000 bail. : Then he
disappeared. The girls were kept In
Continued on ■ Page 5, Column. 5 |
Meyer Lissner, who aspires 16- become political boss and iii striving to'
prevent the election of A. C. Spalding ;as senator by violating the primary
election law. > : ''--;; ■*-/'. '• ■"'•"',■ ''":^
Spalding Challenges Opponent
Weapons to Be Lawyers' Wits
SAN DIEGO, Jan. 5. A. .... C. Spalding \ tonight • issued, an open
letter to John D. Works and forwarded it by wire' to Mayor : Grant
Conard, chairman of. the San Diego delegation at 'Sacramento) The let
ter reads: ,: r ,-.__, ... . . ■'.;.','-_ ■; - ,; ~ "l-""
To : Judge John D; Works, candidate for \ United . States senator,
Sacramento, Cal.: This morning's paper, quotes you as follows: "The
legislators know the law, and lam willing to leave it to them."
."I; agree with you that the legislators know the primary law, but
either you or I do not. I claim that, under a strict interpretation of the
direct primary law, I carried the August primary election by a majority
of 73 districts against 40 districts for you. .- ■:Y . *; ;*
By this vote of the people :I • was elected United: States • senator iin
accordance with the primary law, and it only remains for the legislators
to represent the vote of the people of their respective districts by ratify
ing my election. ■ " "•!./. *.'; _ * ,
.1 understand that it is claimed by you and those speaking in your
behalf that as you received a slight plurality of votes," largely from your
own county, you base your legal claim on that fact alone.
I find nothing in the primary law that in any way refers to such a
method of reckoning the results of the primary vote. How, then, can
such a question become a factor at this time? In order to enlighten the
public mind and to prevent any" beclouding of; the real issue,; I : hereby
courteously: challenge j you, in your professional capacity as ;a Ti lawyer
and former judge of the \ supreme court of California, to publish in a
leading Sacramento daily ; newspaper an opinion, J signed;. by yourself
stating that not I, but you, in accordance with the; California; direct
primary law,' are legally entitled to be elected by the state legislature for
the office of -United States senator.V -~' •;*.-' ;;A. G. SPALDING.
i OGDEN, -Utah, Jan. ; s.Detectives
working ... upon ,* the; ■ Overland \ J Limited
train robbery case have no r clew to the
identity of • the :. bandits and <amit ' they
are baffled," - " ' '-' -' - ---»."-•,v.,;-.• —*' *, >„»
Ax Is Ready for Anderson
G illett's Appointees Doomed
Senator Leroy A. Wright, who denouncedMeyer Lissner yesterday for his
': efforts to frustrate the will of the people as expressed in primary eleclion.
.- - --'-- --••*. ■- - *'■' '-"■ . ' -': ' '■''
NEW/ YORK,"- Jan. ; s.—Asleep on i his
feet, Jacob "Seligman, ; at" baker/? stag
gered § forward -into , a*: 1 powder dough
mixer J today i and was drawn i into % the
machine »and ■* chopped to ■* pieces. . •
■ \ =s
YESTERDAY — highest temperature, 64;
•^lowest i Wednesday night, 44.
north' wind. r
—____ ''• ":•' —"'■'"■• -—; ;—_.>
Los Angeles £ Grand - Jury Re«
turns 23 True Bills, but
Names Are Kept Secret
; LOS ANGELES, ' Jan. _5. — Twenty
three ' indictments . were returned this
afternoon ..by the county grand 1. jury
impaneled '■_ October v.25 to - investigate
the" explosion which destroyed the
building of the Los Angeles . Times in
the; early .' morning hours- of October 1,
1910, and . caused»the* loss of >21 lives.
The indictments "were; secret, but all
the *r circumstances * Indicate £ that only
three , men ; were Indicted—the 1, three
who in . the public mind -« have -'• been
identified with « the ; crime -* for ; weeks.
:'.'. These ', three < men are 1 M. A. Schmidt
alias Schmldty,':aliasTF.s A. Perry,^.the
man with one glass „- eye; , E. jB. | Bryson
alias -J. 8.-' Bryce, . alias J. B. "j Leonard;
and David Caplan alias William Mor
ris, alias William Cap, the Russian ped
dler, at/whose'; home 'in San ; Francisco
the trio' is known ; to;have met fre
quently. ,;."."-"■'*/ ,"''"»"'■ - ; >-
Twenty-one met'death .In the Times
explosion, and in the returning of In
dictments the. usual procedure would be
! to indict the suspects for ; the murder
"of each ; Individual killed. This ac
counts . for 121 » triple j indictments.' The
j; other* two • indictments are believed -to
be„against the same..trio for placing
dynamite \ at 'j the" homes .of - F. •J.
Zehandelaar, secretary *, of the Mer
chants', association, and of General Har
rison Gray Otis, /proprietor ~'\ of '-.' the
Times. .. > - .' . ■'.-,<
Also : pointing -to the theory that only
three men were Indicted is the" fact
that ion f Tuesday, Tafiter J the ; grand jury
practically / had * decided * upon > its : re
port, Detective S. L." Browne, of the dis
trict '^attorney's'office made representa
tions to '. the board of supervisors that
caused them to - offer a reward of $5,000
for the arrest of Schmidt, Bryson and
Caplan. The supervisors were Informed
that the evidence . was' so* positive
against these men that the reward need
not specify a t conviction, as ; a convic
tion would be certain In case the three
men were captured. This action elimi
nates ;as a : suspect C. ;A. . Peseriti,' the
Corte. Madera hotel keeper, who was a
friend of the supposed;dynamiters,"and
whose disappearance ; : following the
Times explosion caused the * police con
sider "his possible connection with the
case. • ' ■ - -„
' Finally -no ] attempt was • made • yes
terday or last < night to maintain any
I surveillance of any of those who I have
j been mentioned In ' the case - and .who
were required to, give their evidence
before the grand ? jury. The sum -total
of the grand jury's^action, therefore
simmers', down to an undoubted " finding
that .the' Times building was destroyed
by dynamite and the inference that in
dictments ; have been returned against
Schmidt,'. Bryson and Caplan. '. .". '.'':.''
Attorney ; Earl ■ Rogers,-■ who has been
largely in conference with ."' the ) grand
jury as an ! adviser and temporary ? rep
resentative : of ;; the district - attorney
stated,^ following - the J return of the in
dictments, that If » the persons against
whom the Indictments were returned
are? arrested their conviction v readily
"can- be accomplished, by. a'baby.'*" •
Governor Resents the Eleventh
Hour Work of Predecessor
and Purposes to Make
Several Changes
Mackenzie's Attempt to Secure
Employment for Friend *
Will Not Pay for
Trouble -
[Special Dispatch to The Call]
MENTO, Jan. Alden Ander
son, superintendent of banks at
$10,000 a year, is to be separated from
his job and the salary powers apper
taining thereto. . ...
Theodore F. Grant, the Mountain
View farmer selected by Johnnie Mac-
Kenzie for his successor as state lab#r
commissioner, need not feel bound Ito
go deep into the mysteries of his new
employment. ; He will not hold it
long enough to, pay him for trie trouble
of replacing! his specialized 'agricul
tural ; knowledge with anything like
Johnnie MacKenzie's intimate appre
ciation of the value to the country of
Asiatic coolie-labor*' ' -->
Names on Ax List ' ■v
:' Building and Loan Commissioner
"Jake" Transue ''[■ and Charlie ■ Curry
might profitably employ such time as
they -. can spare from duty of their
offices looking for other and' more
stable employment. Their names are
on the ax list. Their heads will be on
the totem pole when the flowers bloom
In the spring.
The foregoing has not.been' publicly
announced by Governor Johnson. There
may be no such announcement from
the -executive office, but the war drums i
will begin to roll In a few, days. , Per
sons who delight to Indulge themselves
in the checking up of political fore
casts may stick a memory pin !In this.
Turn for Gillett's Joke
rt Governor Johnson is out to undo the
eleventh - hour "appointments made by
Glllett, wherefore it Is something like a
3 , to 1 bet that those' appointments
will be undone and that. men of John
son's choosing will enjoy the ■'. places
glyen- out by Glllett by the time "the
little ; birds get their spring house
building done.
. Governor Johnson is hot under the
collar. He is not fuming, for publica
tion or for the edification of the poll
ticians, but he is thinking ail tha
things that Gillett thought four years
ago after Pardee put It over on , him.
In 'addition to thinking the unparlia
mentary things thought by Gillett on
that occasion, Johnson vis thinking
about ways and means to turn Gillett's
little joke back on the joker and! the
beneficiaries of his pleasantry.
Plans to Control Jobs
, No plan for the ousting "of Anderson,
Grant, Transue and Curry from the jobs
given .them by Glllett has" been decided
upon. ." As for Grant and the building'
and loan commissioners it would appear
that the only avenue leading to their
separation from the payroll leads
through the legislature. ;
t Anderson's case is slightly different.
Some of the governor's friends are of
the opinion that the language of the
banking act will enable Johnson to get
Anderson without • recourse: to the leg-;
islature. v •
They may be right and It is highly
probable that one wing of the routing
force will be sent against Anderson
along that , line. But Johnson will put
all of his eggs-In' one basket. There
will be legislation designed and war- •
ranted *to divorce '. Anderson . from' the) ,
supervising control of the banks of the I
state. , ,
Opportunity for; Fight .
- If, perchance, Anderson / should ■» de
sire, to -fight, he will be accommodated
to the fullness of his desire.' The John
son; administration is not Impressed
with'the idea that Alden Anderson has
a copyright on all the valuable,knowl
edge ?- concerning the management of
banks.' -'„.'
In tact, there is a suspiclan around
the executive office that Anderson's ex.
pert banking knowledge is in the na
ture tof an absent quantity. -,;' The : rea
sons for that suspicion and others will
be given to the ' public- without stint
it Anderson * considers . his ■ health - still
good enough for, a defensive fight. -, E
■ It is betraying no awet to say thai,

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