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The Sunday Call of Bird Life on
the Vast Wild Bird Reserve at
the California-Oregon Boundary
VOLUME CIX.—NO. s<>.
Less Than Three Hours Re
quired to Deliberate on
Charge of Dynamiting
VERDICT RECEIVED BY.
DEFENDANT WITH SMILE
Wife of Physician Grips Her
Ja* When Clerk Reads
Judgment in Court
APPEAL WILL BE TAKEN
[Special Dispatch to The Call]
S.VXTA ROSA, Jan. 27— Wlllnrd
I\ Rurke wa* found guilty tonight of
attempting to murder Ln Ktln Smith by
. Mowing up her tent with dynamite.
"When the verdict of the jury was read.
Doctor Burke turned to hi* wife and
,' "lulled, while line gripped hep jaw*,
'.Manned and overcome. The Jury re
tired at 8:35 p. m. and returned to the.
courtroom with It* verdict nt 11:29.
nfter dellheratinn 2 hour* and 4." min
ute*. Burke** attorneys announced that
they would appeal.
SANTA ROSA. .Inc. 2".— lnvective
" marked the address of District Attor
ney Lea in his closing argument in the
trial of Dr. Willard P. Burke today. No
mercy had he on gray hairs, none on
the sorrow stricken wife. He traveled
by the evidence and the evidence
"This." he said, "is the biggest bunko
game that was ever palmed on a
jury. Apart from the crime of dy
namiting the tent of Lv Etta Smith
we have had the crimes of perjury, of
subornation ■of perjury;" we have
seen crime piled on < rime to set free
a criminal. In this trial there has
been evidenced a lack of morality, a
lack of the ethics of justice which
turns sick the heart of a prosecuting
attorney. ' j
Question of Intelligence
"It seems incredible that an intelli
gent man will expect Intelligent men
•to believe the 'stuff that has been
brought forward as evidence in this
trial. From the outset I have tried to
he fair and honest, to try this case on
■ its merits, but as the days progressed
and the evidence was brought forth I
1 felt that I was face to face with
•wealth, a wealth determined to sub
vert the course of Justice, to see free a
.. "Gentlemen of the jury, yours is the
.position which, when all is said and
■ done; Is the most powerful and the
.greatest in- the land. It remains in
Vvpur hands to declare that wealth and
impeccability can not commit a crime;
•it. remains in your hands to say, too,
that a man guilty of a crime Is guilty
'of.that crime, regardless of wealth, in
• fluence and respectability.
Evidence and Charity
"'..••At times it is difficult to believe
; that one among us is guilty of a crime,
' but when we are confronted with the
>. evidence, when evidence is produced
showing th.it such a person is guilty of
, a -crime, there remains nothing for you
hut to return a verdict of guilty.
.. "I have made all possible allowances
■ for the charity of the defendant. I
A iv« tried to look upon lilm as a man
' •rtua.ted hy the noblest motives. I
have tried to see him as a man apart
from other men, as one who would do
good •where others would fail, hut I can
not. I can see him but as a vile crim
inal. I ran regard him but as a man
who, having satisfied his lustful pleas
ures, would destroy the consequences of
"As T have, paid, his defense is the
biggest bunko game that was r\f>r
palmed on a jury. The production of
•' the dynamite with which he was sup
posed, to have blown up the tent of
_q Ktta Smith was a Joke, a lorry joke
in the fare of the other evidence. four
sticks .were produced here as evidence.
the theory being thnt these four sticks
of dynamite were the same that he se
<d from his mine at Orovllle.
Condition of Dynamite
• "Gentlemen of the Jury, II is evident
that the defense did not Klye you the
credit of the most plain, common sense.
We dynamite w+4 supposed to have
been burled In sand and water for 53
days, and yet one observes that, while
"the outside paper is clean and legible,
' -the'lnside Is blurred and vague.''
Lea, continuing, declared that the
"-tics of the defense indicated that it
was trying to prove a guilty man inno
cent rather than to clear an Innocent
"When the officers called upon him,"
he M.14. "did he say anything about
the dynamite? He di* not. He told
I them that there had not been any in
\ is sanatorium for the la«t 14 years.
Why did he say «o? Because the only
dynamite that had been used had been
C«a4Jnued oh I'age I«» Column. 7
THE San Francisco CALL
Man Gets Religion
And Pays for Rides
Stolen Years Ago
Getting religion and a position
at the same time and conscience
stricken' by deeds 10 years old, a'
man who gave his name as,B.
Graves and who said that he was
working in a local hardware,
store, made the rounds of the
railroad offices , here yesterday
and contributed $35.20 to the
conscience fund. * He had $4-50
more conscience money, but the
agent-of the road referred ; him
to'the general passenger office in
"What's the fare from Pueblo
iilcag-o?" he inquired of
James D. Duffy, Pacific coast
passenger agent of the Santa Fe.
"Twenty-two sixty," replied
"Well, in January. 1901. T heat
my way from Pueblo to Chicago.
I have got religion now and a
job in a hardware store In the
city and I want to pay the com
pany for the ride, if they'll ac
Duffy accepted the money, gave
(Jraves a receipt and notified the
main passenger office.
The Chicago, Milwaukee and
St. Paul was the next office that
Graves visited. There he offered
$4.50 to Charley Miles, district
passenger agent, for a stolen
ride from Chicago to Marion, la.,
but Miles declined to accept the
money and referred the con
science stricken man to the gen
eral passenger agent at Chicago.
At the Union Pacific office
Graves lifted another load from
his conscience. Henry Avlla, city
ticket agent, waited on him at
the ticket counter. Graves said:
"What would a ticket on the
Union Pacific from Omaha to
Cheyenne cost?" Avila quoted
both the first and second class
"I ought to pay first class, al
though I didn't ride quite that
way," said Graves. "I beat my
way from Omaha to Cheyenne
some years ago and here's $12.60
to pay for it."
Graves Is described as a well
built man with a flowing mus
tache, tinged with gray.
LONE BANDIT ROBS
TRAIN; IS CAPTURED
Kansan Shot After Jumping
From the Rear Coach With
PUEBLO, Colo., Jan. 27.—A lone i.an
flit. who was later shot and captured,
held up the passengers of the Colorado
and Southern passenger train Xo. 2.
southbound, a few minutes after it
left the union depot here at 4:30 o'clock
After securing $117 and some jewelry
from the passengers, he leaped from
Special Agent William IfcCafferty of
th" Kio Grande was on the train when
he was Informed that a hanrlit was at
work in the rear coach. Ho started
bar-k and reached the platform just in
time to see the hoUupman jump from
the train and run.
M'<'afferty follower! nnd opene.l fire.
Th* bandit returned the shots, but was
shot through the right wrist, and when
his gun dropped from his hand he sur
rendered. All the money and valu
ables were recovered.
The robber is supposed to have
hoarded the train at the Union Jepot.
When it reached Bessemer, a southern
Suburb, h<? pulled the bellcord, stopped
the trnin and then with a drawn gun
commanded all the passengers to hold
up their hands anl "dig up."
Tonight the holdupman said that his
name is Al Bane, alias Al Bebtley. He
gave his home as Athol. Kans., where
he said his parents and wife reside.
He said he formerly was a Santa Fe
Bane claims that he was intoxicated
when he held up the train.
CROWD ASKS FOR WORK
AT PALACE OF KAISER
Demonstration Before German
BERLIN, Jan. 2".—A large crowd of
the unemployed attempted a hostile
demonstration ,In the vicinity of the
palace today at a time when Emperor
William was transmitting the pass-
word to the castle . watch. The manl
f eft ants, driven away by the. police,
marched "through the central district
of the city hurling insulting epithets
at the police and shouting "We want
HURRAH! THE KAISER
IS 52 YEARS OLD
BKRLIN. Jan. 27.—Today is Kmperor
William's fifty-second birthday. Among
the honors announced In connection
with the birthday celebration. Admiral
yon Tirpitz was promoted to be an ad
miral of the fleet; Vice Admiral Baron
yon SeckendorfT was decorated with tho
red eagle of the first class; Lo4wfg
Goldberger received the red eagle of the
second class and Dr. Gustave yon Krupp
yon Hohlen und Halhach, the crown
order of the second class.
SAN FRANCISCO, SATURDAY, JANUARY 28, 1911.
Former Justice of Peace Denies
Recorder Vincillione's Ex
Grand Jury Hears About Al
leged Corruption of Sausa
[Special Dispatch to The Call]
SAX RAFAEL. Jan. 27—Town Re
corder P. A. Vincillione. indicted for
bribery, was not the victim of extor
tion, according to the testimony given
by former Justice of the Peace J. F.
Renner, who admitted reeciving the
check. Renner broke down completely
in making his confession, weeping and
placing- himself at the mercy of the
grand jury. He declared that Vin
cillione gave him the check seven days
after the case was dismissed and that
Vincillione's plea of extortion was un
Renner's confession came when he
was confronted with the $25 check.
Vincillione at first refused to testify
against Renner, declaring that he
would incriminate himself. But when
he found that Renner had told all he
admitted that he had given the justice j
Continued on I'age 11, Column 4
Sergeant Donovan, who has been suspended for peculiar actions in yes- j
today's tragedy, a picture of the building where the shooting tool? place, and \
a diagram of what happened at the gambling club.
♦ ___________ _
SCION OF RICH OREGON
FAMILY JAILED AS THIEF
W. N. Barrett Jr., Late Midshipman, Charged With
Selling Diamond Rings Obtained From
Two Jewelry Stores
, W. .N. .Barrett Jr., late midshipman
of the United States "cruiser Maryland,
resigned, son of a wealthy Oregon lum
berman, and who was in trouble a week
ago for, passing worthless checks ,on
the HoteT St. Francis," was arrested yes
,- , , ■ . ■ , W '" ' '
terday afternoon on two grand larceny
warrants charging the theft of two dia
mond rings valued at $3,250.
The rings were obtained from tlie
jewelry stores of Shreve & Co, and the
R. 1,. Radke company on the day that
Barretts friends and father guaran
teed his accounts at thf St. Francis and
Palace hotels. Both rings were almost
immediately pawned by Barrett for
$1,000 In the' snap of Sam Raphael In
Powell street. On the same day he
sold his pawn tickets to Raphael for
Barrett was arrested by Detectives
Matheaon and O'D,ea as he was walking
with a companion in Post street, idly
studying the display windows and tho
shopping crowd. He was taken to the
city prison. He haU but $3.50, which be
VICTIM KILLED IN DUEL WITH GAMBLER
Ruined Man Holds Up Gaming Den and Is Slain
The two men who fought the fetal duel in the Saratoga gambling club. At the upper right is Custav Postler, the dead
painter, with Edward Kripp, the gambler, in the upper left.
said, was all lie bad left of the $1,100
He told the police,of having played the
races "with no luck."
Barrett is stayinp at the Palace hotel.
He was in prison but a short time when
friends came in an automobile and put
up $250 .bail against each of the grand
Barrett ■ecured th« dtaaooada i>.\
■howlng liis cradentiala and freely
using the names of prominent members
of the local smart set. He gave Shreve
I deposit of |&99 for a three stone
three karat diamond ring worth $2,000.
In the afternoon of the same day he
went to Hadke's store and, by repre
senting himself in the same manner,
secured the second diamond ring, worth
$1.2.".". He gave no deposit for this.
George Lewis of Shreve's became un
easy and asked the police to look up
Barrett. Uadke, however, was in Igno
rance of the trouble and knew nothing
of his loss until he was told that his
ring had been pawned the day pur
♦— . _—. _ ■ ♦
.. Paul,Postler, I 5 year, old son of
the dead man, who went to the
gambling house with his father and
witnessed the duel. .: -
'POLICE TO BLAME,'
SOBS MRS. POSTLER
Griefstricken Widow Says She
Begged That Places
\ Postler's Losses Over
The Gambling Tables i|
A nior«R!i«i- of $700 mi his' home
* ■ lit II VleknliiirK street.
t>.'i,."iOO . Income from hi* mhlooii at
I'ltiirtrrnth and MinMlnn «lri'ol».
$X,.*>OO Ineoine from hi.s paint hiini
' ' nr»» at IVlne(rcnth and Shot
• weU ntrv*tn. .
The ' proceeds of. the Male of bin
Camp Meeker cottage.
.<M<Ki ' Hecured by, his wife"-to aid
In all PoMtler'x 'losses are said to
have been close to $l.".,000. He
owed his men. Paint firms wore
. pressing; him' for 91,200 owed
them. >11 had been paid to the
; ; "My husband played ami lout. .We
mortKiuseil our homo to pay hi* lo»»e«,
and:l Raid to him. '<•■■», rome to your
■ »en»cn;; be like you were until these
I men• Kotjhold of you; for the Hake of
' your little children'do not Kamble any
', more.' At last I went to Captain Shea,
■ and he- nalri i the police "could not atop
i gambling, but that he would tell the
! Kambler» not to "let my husband play
iin any of the place*. Hut dim nl!pped
i away to other Rambling hnti»e», und
lout more •' money. I Went to Chief
Seymour, but I could ;not "set anyone
■to help me. The police have killed my
So sobbed Mrs. Oustave Postler,
widow of the painter who ended his
life in the Saratoga club yesterday.
Her four youngest children, one a baby
of 2 years, stood around round ayajd
and innocent nf the cause, white their
mother wept for her dead husband and
the t»vil that had sent him to his death.
Her home at M Vickshurg street is
mortgaged to pay a debt of $700 lost
by Postler in two niphts and days of
gambling 1 in one of the clubs. Post
ler's building at Fourteenth and Mis-
CualiuueU «■ I'age 10, (oluma 7
, lowest TliuftSS^mßh^^ 1^
■irFORECAST FOR TODAY — Showers; :
brisk south wind.
DRIVEN to desperation by his' heavy losses over the faro and poker
tables and at the roulette wheels that flourished within a stone's
throw of police headquarters, Gustav Postler, a painter and decorator.
■ whose; place of business was at Nineteenth and Shot well streets and
who lived with his wife and family at 14 Vicksburg street, stalked into the
Saratoga social club, a gambling den at 149 Mason street yesterday at
noon, held up eight, men, engaged in a revolver duel with.Edward L. Kripp,
one of the keepers of the game, and was' killed by a bullet from his own
pistol or his adversiryVsweapon. .
Postler had gone to the gaming den with his 15 year old son, Paul
Postler, and in his mind was the firm determination to recover by force
some of the many thousands he had squandered to the clicking of the poker
chips and the monotonous drone of "the wheel." The boy, who was not
aware of his father's intentions,, saw the terrible tragedy enacted and fled"
in horror from the building and down a fire escape while the deadly battle
between Kripp and Postler was in progress.
FORTUNE GONE, STAKES LIFE AND LOSES
Postler had played his last and his biggest stake against the firmly in
trenched hanks of the gamblers in San Francisco, and when his savings,
his home and his property slipped dollar by dollar into the "kitty" at the
green tables, he had lost. The "game" had taken everything that once
went to make his family life happy and provide in plenty for the wife and
the six little children at home, and now it had raked in the life he had
chanced to get it back for them.
And now, as Gtistav PosMcr's body lies stark on a slab at the morgue
and the wails and sobs of bit heart broken widow still echo through the
long corridors of the hall of justice, where she learned of the tragic death
of her husband, the police have stepped boldly to the front and delcared that
gambling in this city must cease.
The last scene in the drama of Postler's wrecked career came when hi«.
devoted helpmeet was tenderly tbld by Detective WpHana Lambert that the
father of her babies lay dead in the big. hlcak room of the Saratoga club.
"Oh. my husband, my husband," she moaned. "At last they have killed
him. The gamblers, who took everything that we once owned, have taken
his life. Oh, God help those men!"
A thorough investigation of the affair has been ordered by Chief of Police
Seymour and is being prosecuted by Captain of Police Thomas Duke. Sey
mour also has issued a sweeping command that all gambling houses bo
raided and closed. Having already made his plans before the death of
Post lor. Captain Duke had prepared to raid the very club where the hopeless
attempt at robbery was made and the place was to have been put out of
business last night in the ordinary course of events under what has come to
be known in police circles as the "Duke policy."
DAROUX'S GAMBLING JOINT IS CLOSED
This policy reached out after dark yesterday to the Alaska club. con.
ducted by Frank Daroux in the Lincoln building, and the greatest gambling
hall that has thrived in the last year in the county was left in the dark.
Daroux's manager was told by Duke's men last night just what Duke told
Daroux 12 hours after he returned from command in the Ingleside district
and had taken charge of affairs in the central police district—that no matter
what arrangements had been in effect previously, all negotiations between
gamblers and police were at an end and that the violations of the gambling
laws would be met with rigid police interference. The Saratoga club having
been closed immediately after the Postler affair and the paraphernalia having
been confiscated, the castiron blockade on the Alaska club completed the
wiping out of the the biggest gambling clubs in San Francisco.
Captain Duke made a trip through the district last night and warned
every club keeper that the tables, charts, wheels and all furniture and appli
tncea used in gambling must be out of the places by this afternoon.
When the excitement occasioned by Postler's attempt to rob the Sara
toga dub had subsided Captain of Detectives Wall began an investigation &i
the affair, which had not proceeded far when Kripp v. as ordered into custody
and a charge of murder placed against his name. An autopsy upon Postler's
body performed by Dr. Cosmos Glover disclosed the fact that the bullet that
ended the painter's life had passed through the left breast and had severed
the aorta, causing instant death. It was the surgeon's opinion that the wound
was self-inflicted. Another bullet wound on the left side of the chest was
found, but this was only of a super- ♦ — «
flcial nature. A third bullet struck
the middle finger of the left hand.
One of the most'striking features of
the affair is the peculiar actions of
Sergeant of Police James Donovan, who
was summoned by Kripp immediately
after Postler had appeared in the place
as a robber. When Kripp Informed
Sergeant Donovan that a holdup man
was in possession of the clubrooms ana
wa« holding seven men at bay, Dono- I
van permitted the gamblers to take his
regulation police revolver and return to
the third floor of the building. Dono
van also had heard the Btory of Post
PRICE FIVE CENTS.
Sensational Attempt to Recover
Lost Fortune by Force Turns
Searchlight • Upon Blue
coats and Gamblers
SERGEANT ACCUSED OF
COWARDICE IS SUSPENDED
Gustav Postler, the Dead Man,
Dropped $15,000 at Faro
and Roulette and Mort
gaged His Home
SON SEES BATTLE IN
JERRY BASSITY'S RESORT
ler's young son and had permitted the
boy to accompany Kripp on the perilous
mission, never offering to make an ef
fort to capture the holdup man, and
even going so far as to suggest that no
would telephone to the police station
for help, when the police station was
easily within hailing distance.
skr<;kaxt remains downstairs
Donovan' saw the boy and the man go
up in the elevator, and those who re
mained with Donovan downstairs heard
the shots that were flr»d when Kripp
and the robber's son reached the top
floor. Still Donovaa remained oa tiio