davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
TAKEN TO SAN QUENTIN
He Had Killed Two Companions
for Their Money and
Clothes.
HE SAYS HE IS INNOCENT
The History of the Crime as Brought
Out at the Trial Over a
Year Ago.

COLUSA, Cal, March Is. - Fremont
Smith was brought before Judge Bridge
ford of the Superior Court to-day at 10
A. M and sentenced to be hanged June Z
between the hours of A. NJ. and P NJ.
He stood like a statue, uttered no word
going and coming or in the courtroom.
His eyes moistened, and tears glistened
just little. The dead silence of the
courtroom was almost appalling, and as he
marched away TO the Jail the crowd
silently dispersed. Ali believe him guilty.
He left on the noon train for San Quentin
in charge of an officer.
There is an old house in L. F. Moulton's s
pear orchard, below Colusa on the Sacra-
mento which was the scene of the murder
during the latter part of December, 1898.
Three men were residing there, claiming
to be fishermen. Two of them were known
respectively as Charlie and Dolph. The
levee was in front of the house. and there
was space between, while all round was
the pear orchard, road passing by the
house.
The third man was Fremont Smith, who
left there in his wagon about the 9th of
December, going south, and two days later
the dead bodies of Charlie and Dolph were
found IN the river. The officers visited the
place. The door was locked and piece of
human skull, blood and brains were found
on platform in front OF the house. These
were brought with other evidence to
Colusa. There was trail of blood to the
river and marks showing body had been
dragged along. There was evidence that
an effort had been made to cover the blood
with dirt, the tool used having a pro-
tuberance on its back The ak found in
the house appeared to have been washed.
No bedding was there, although it was
known that Do1ph and Charlie had beds.
Fremont Smith was arrested three days
later at Collinsville, Solano County. He
had a gold watch and chain. shotgun, a
shovcL-six pairs of blankets, overans and
half a dozen suits of clothes. The shovel
had protuberance on its back and a spot
OF blood still remained. Blood was on the
overalls. The arrested man had one of the
TWO keys of the house on his person, the
other key being found in the pocket of one
of the deceased. The clothing was too
small for Smith, though it might fit one of
his partners.
The dead men were murdered, one struck
on the head and the other having had the
top of his head shot away. This evidence
was held sufficient for conviction The
trial was an exciting one. The aged
mother was present, and when the YER
dict was read, in agony she exclaimed,
pointing her finger straight at the Jury,
1.-The curse of God be upon you all; my
son is innocentm She was the haggard
picture of despair, weeping, and trembling
with anger and grief from head to foot.
The prisoner turned pale. He was sem
fenced to be hanged August 3, 1893. An
appeal was taken. The opinion of the
lower court was affirmed. On the 18th
Sheriff Jones went down to San Quentin
with Deputy Harmeson to bring Smith
back for resentence of the Superior
Court of Colusa.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
SHOT IN THE ARM.
An Insane Nam Used His Gun Upon
lnquisitive Visitor,


an lnquisitire Tisitor,
SAN JOSE, March 1S.-This afternoon
James Piercesa watchman on James v.
Coleman's ranch about ten miles from this
city, was shot in the side but not seriously
injured by Joseph Dubois, crank who
occupied cabin on the place.
Dubois has recently been acting strange
ly. He boarded up the windows of his
cabin and barricaded the doors as if he
feared an attack. Pierce wanted to get
some information from him about some
gates that had been left open, and when
Dubois refused to open the door Pierce
began tearing a board from a window.
Instantly there came a shot through the
window and Pierce received flesh wound
under the left arm. He was brought to
San Jose and found not to be seriously
hurt.
The insane inmate of the cabin was cap
tured by Sheriff Lyndon, but not till he
had caved in a door and window The
prisoner made no resistance when brought
to the county jail and locked up.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
GONE FROM SACRAMENTO.
CONSTABLE BRISSELL LEAVES A
NUMBER OF CREDITORS IN
THE LURCH.
COMPELLED TO RESIGN ON ACCOUNT
OF His NEGLECT OF His
FAMILY.

SACRAMENTO, March 49, Constable
John ?. Brissell, who recently figured in a
shooting affray at the Mansion House in
this city, has been forced to resign his
office, and has skipped, leaving long
list OF creditors who are extremely anxious
to ascertain his whereabouts.
Since the morning when Mrs Brissell fol-
lowed her husband to the apartments of
Mrs. Moore and shot the latter, Constable
Brissell's actions toward her have been so
open that public sympathy for the injured
wife rose to such an extent that the Super
visors found it necessary to demand the
constable's resignation. Brissell endeav-
ored to face the situation by refusing to re-
sign, but long communication from
leading citizens of the city and county
demanding his resignation left no alter
native.
Before submitting his resignation Bris-
sell succeeded in borrowing considerable
money and sold the outstanding fees of his
Office, so it is claimed, to J. Faris Jr. for
$500. Before the Board of Supervisors
acted upon his resignation Brissen left the
city during the night, as anxious creditors
were pressing him and threatening his
arrest.
Since the unfortunate affray in which
Constable Brissell was the prime factor. it
has developed that for months past Brisseil
has neglected his family, leaving them ab-
solutely destitute. Since the shooting he
has provided for Mrs. Moore in luxurious
manner, while his own family were with
out money or food, dependent upon the
charity of friends. Brissell deprived his
x1yifa Of har L :,
upon Mrs. Moore.
His latest act came to light to-day. It ap-
pears Brissell procured horse, buggy and
harness, which he pawned at ''Uncle Ike's"
for SIS, the owner of which came to Mrs.
Brissell to-day looking for his property.
Brissell has boasted of his innocence, vet
Mrs Brissell has absolute proof of his
duplicity, as is shown in the several letters
received by him from Mrs. Moore which
have been found.
1t is known that Brissell received the
letters through a third person, who is
county official. Prior to meeting Mrs.
Moore Brissell owned pretty home, but
this he has squandered. By his aid
Mrs. Moore secured a position in the State
bindery and she has frequently boasted of
her influence with prominent State Off
cials.
1t is said that Brissell has been seen in
San Francisco, where he has been spend
ing money lavishly and has secured pass
age to Alaska for himself and another per
son-presumably Mrs. Moore, as she has
signified her intention of leaving Sacra-
mento. The knowledge of this has come
to his creditors, who will endeavor to pre-
vent his departure until he has satisfied
their claims and provided for his family.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
GUILTY AT MADEIRA.
WstfGnI Rodgers Conricted of Burglary
After Short DeLiberation.


MADEIRA, March 1S.-The case of the
people VS.. William Rodgers occupied the
attention of jury in the Superior Court
here to-day. All of the day up to o'clock
was spent in taking testimony, as the
work of impaneling jury had been COM
pleted on the 10th. The case was COM
posed entirely of c1rcumstantial evidence,
but OF very strong nature.
1t was proven by the prosecution that
Rodgers had been in the employ of Calvin
Bigelow, who owns a store at O'Neals, and
that he had knowledge of the fact that with
in Bigelow's frail safe was a large amount OF
gold dust, which Bigelow had bought OF
the miners in that vicinity, and the day
following the robbery Rodgers had sold gold
dust at small town not far distant, which
was identified by Mr.. Bigelow as that
which he had lost.
The defendant took the stand in his own
behalf, but was unsuccessful in his effort
to overthrow the preponderance of evi-
dence against him, and after the argu-
ments OF counsel and the instructions of
the court, it only took ten minutes for the
jury to find the defendant guilty of bur-
glary in the first degree.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
ReIeased at Fresno.

FRESNO, Cal, March 18.-A. A. Rowell
of Selma, who was sentenced to jail by
Recorder e. III. Tucker for refusal to pay
fine of $40, was to-day ordered to be
released by Judge J. r. Webb of the
Superior Court. Mr.. Rowell sold 81 05
worth OF meat in Selma without paying the
license OF $40 day. He refused to pay the
fine imposed on the ground that the
license which in the case of commercial
statesmen is only $40 year is discriminat-
ing and therefore unconstitutional. Judge
Webb upheld this view and intimated that
the decision would have been the same had
the defense been that the license was
practically prohibitory.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
JUSTICE FULLER'S OPINION
DISMISSAL OF THE GREAT WATER
FRONT CASE.

DISMISSAL OF THE GREAT WATER
FRONT CASE.
WASHINGTON, March 1S.-Chief JUS
tice Fuller to-day delivered an opinion dis
missing the bill in equity brought by the
State of California VS.. the Southern Pacific
Railroad Company, involving the owner
ship of the Oakland water front, for want
of original jurisdiction.
This disposition of the case was made
necessary by the conclusion reached by
the court that, as there were parties inter
ested in the disposition of it, such as the
town of Oakland and the waterfront
company, who do not appear as parties to
the present suit, 1t was not equitable to
finally adjudicate the case unless those in
terested were represented in the suit.
Justice Fuller stated that while rights to
the town and waterfront company would
not be technically determined they would
be effectually passed upon.
With the matter placed in this light the
next question to be decided was whether
the Supreme Court had original iurisdic-
ton. The decision first was to the effect
that it did not have such jurisdiction, and
in reaching this conclusion the opinion
was discussed at some length.
While there was some reason for doubt
as to the course to be pursued, the court
was of the opinion that the constitution
had meant to be explicit in its confirma-
ton of the original jurisdiction, and as the
provision was not made for a combination
of the citizens OF the State at interest with
those of another State, the inference was
that in such cases the Supreme Court could
only exercise an appellate and not an orig
inal jurisdiction. Referring to the ques-
ton of interest to other parties who do not
appear in the case, the Chief Justice, after
quoting various rulings of the. court, said:
Sitting as court of equity we cannot,
in the light of these well settled principles,
whether other persons who have not an
immediate interest in restricting the de-
mands of the complainant are not indis-
pensable parties, or, at least, so far neces-
sary that the case should not go on in their
absence. Nor can the court proceed to de-
cree as between the State and the Southern
Pacific Company and do complete and
final justice without affecting other per-
sons not before the court, or leaving the
controversy in such condition that its
final termination might be wholly incon-
sistent with equity and good conscience.
We are constrained to conclude that as the
city of Oakland and the Oakland Water
front Company are so situated in respect
to this litigation we ought not to pro-
ceed in their absence.
After quoting various opinions bearing
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19

company will erect new sheds connecting
with the present steamer shed extending
both north and south. This addition will
do away with the old system of handling
fruit twice, and it will now be loaded in
cars direct from the boats as they come in
instead of being housed on Front street as
heretofore.
The new shed will extend from K to I
streets on the north and K to Nj on the
south. New tracks will be laid. and other
necessary improvements made to assist in
handling the fruit crop with dispatch. It
is the intent of the company to utilize the
old fruitshed as storehouse for hops and
wine.
A large force of carpenters will be en-
ployed as soon as the foundation is ready,
and it is expected to complete the new
sheds in sixty days.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
SO Says the Supreme Court
in Rendering the
Decision.
JUSTICE HARLAN DIsSENTED.
Chief Justice Fuller Does Not
Touch Upon the Real
Issues.
From The acazr, Of January 81. 1895.

WASHINGTON, Jan. 20.-The railroad wins the
Oakland waterfront case.
The United States Supreme Court will dis
miss the case, and will say that it is not a Fed.
eral question, and that it has no jurisdiction in
the premises. 1t is understood that the de-
clsion will not deal with the real merits of the
case, and will not give any opinion as to
whether the California Legislature had any
right to convey the Oakland water front to the
city, or to dispose of it as it saw fit, or as to
whether the city had any right to convey the
same to Carpenter.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
SUNDAY-sCH0oL CoNnENTIo,
Delegates WiU Be Serced Htth Lunch by
San Jose Ladies.

SAN JOSE, March 1s.-The committee
having in charge the arrange
ments for the State Sanday-sch
convention that is to meet in this city
April 16, II and IS, has decided to give the
visiting delegates lunches on Wednesday
and Thursday, the last two days of the
convention, and the various churches have
been requested to appoint two ladies from
each to act upon joint committee to get
up the lunches
The sessions here will be presided over
by H. Morton, who is State president of
the Sunday-school Union.
Besides the mass-meeting there will be a
parade of Sunday-school teachers. and
pupils. 1t is expected that about 1000 will
be in line. The convention will be held
during the Easter vacation of the public
schools of this city, so that the children
will be able to attend. State President
Morton will attempt to secure holiday
for the schools throughout the county SO
that all the children who wish can attend
at least one session of the convention.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
AGAINST THE DIVES,
ministers Hare Taken Up the Question.
aud Arottsed the People.

aud ArOused the People.
LOS ANGELES, March 18.-The social
evil question is now receiving the attention
of the city officials, and an unusual in
fuence is being brought to bear TO have
the dives suppressed and the occupants of
the Alameda houses removed to less fire.
Quented portion of the city. The clergy
have added their voice to the general cry
for eradication of such nuisances. and to-
dav the Union Ministerial Association, en-
bracing nearly all the pastors of the various
churches, presented a resolution to the City
Council, urging immediate action in the
direction of reform along social purity
lines.
The Councilmen had a spirited debate
over the question, but no radical measures
were proposed to remedy the evil Prop
erty-owners in the southeastern portion of
the city have petitioned for prompt action
in the matter, and the community gener-
ally is aroused. Some decided steps will
probably be taken next week in this regard.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
REGULATING MILK SALES.
San Jose Viii license Tenders Who Haze
the P,sre 4TticJe.

San Jose Viii License Tenders Vho Haze
the Pare ArticIe.
SAN JOSE, March 1S.-An ordinance to
regulate the sale of milk was given its first
reading in the Common Council this even
ing. The ordinance provides that all milk
venders must besduly licensed and regis
tered the licenses to be granted free of
charge.
If milk is found to be impure or not up
to the standard indicating healthy con-
dition of the COWS the vender is to be com
planned of before the City Justice, and if
convicted his license is to be forfeited and
be subjected to fine not exceeding S1O0
or imprisoned not to exceed thirty days.
Other sections provide that the health
officer may at any time investigate the
condition. of any dairymans cows or the
place where he keeps them, and if there is
found to be anything about his establish
ment conducive to unhealthful milk he is
to be proceeded against as before men
toned
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
UNDER INVESTIGATION
Five Rapid CIean-Ups Show 1t
Is Not the Result of Any
Clerical Error.
THE LOSS WAS KEPT SECRET.
The Facts Have Been Known to the
Government Officials for
Over a Week.

CARSON, New, March 1S-Andrew
Mason, Government Mint inspector and
superintendent of the New York Assay
Department, has been in Carson for the
past week, inspecting the affairs at the
United States mint in this city. An article
in this evenings Tribune to that effect has
given rise to rumors that something was
wrong at the mint, as heretofore the pres
ence of Government inspectors has been
known to the public on the day of arrival.
The fact of so much secrecy caused ugly
rumors, and this evening it was learned
from Hirseh Harris, melter and refner,
that something was wrong at the mint
and shortage had been discovered about
month ago.
1t finally leaked out that something
over $4,000 has mysteriously dis
appeared and that five clean-ups,
which were made in quick sue
cession, as it was thought some clerical
error had been made, failed to reveal the
cause of the shortage. Refined gold and
silver bullion to that amount has disap-
peared from the department, and Inspector
Mason expects to be able to clear up the
mystery in day or two.
Mr.. Harris also stated the reason so
much secrecy has been observed was be-
cause it was not deemed advisable to give
the matter publicity, as it might prevent
discovery and the recovery of the loss.
No direct charges have been made as
yet and it will probably be some days be-
fore the mystery is unraveled. The pres
ence of General Bob Heating in Carson, to
whom several mint employees, including
Superintendent ]. w. Adams, owe their
positions, is significant fact, as is also two
trips recently made to San Francisco by
P. P. Ellis and J. T. Jones, mint officials
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
SOLDIERS TO SfGNAL.
Sacramento Guards to Talk to San Fran.
cisco bJ HetiOgrGph.

sacramento GuGrdS 20 IuL6 10 San Fran
cisco by HehOgraph.
SACRAMENTO, March 1S-Lieutenant
Martin, commanding the signal corps of
the Fourth Brigade, N. G. c., stationed in
this city, is an enthusiast in the science of
photographic signaling and has had his
men constantly practicing with the instru-
ments for several weeks, in preparation for
system of telegraphy which will shortly
be established between this city and San
Francisco via Mount Diablo.
c. ]. Atwater, a member of the Fourth
Brigade signal corps, was dispatched to
the latter city to-day to make arrangements
with the Second Brigade signal corps for
the proposed course of signaling, which
will be operated during the coming month
The distance between Mount DiabIo and
the signal station in this city is sixty-nine
miles as the bird flies.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
Refused Citizenshsa

FRESNO, March 1S.-Judge Stanton L.
Carter to-day refused to grant citizenship
to Portuguese named Pento because in
answer to question he said that in case of
war between the United States and Portu-
gal he would fight against his adopted
country. Several other applications for
citizenship have been denied in the past
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
S,tDposed to Re Stra,v.

LOS ANGELES, March 1S.-Some time
ago Frank Swift, San Francisco boy, was
arrested here for burglary. Shortly after
he gave bond signed by his mother from
San Francisco, which was approved by one
OF the Judges of the Supreme Court. His
trial was called this morning but Swift did
not appear. Now it is thought the bond
was straw one and the signature of the
Judge clever forgery.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
EXEM MFT FROM SUMMONS
LEGISLATORS CANNOT Now Be
CALLED BY SACRAMENTO'S
GRAND JURY.
THE BIGGY-DUNN SCANDAL WILL
HAVE TO WAIT FOR STATUTORY
PROVISIONS.

SACRAMENTO, March 1s.-The Grand
Jury met to-day, but took no action in the
Biggy Dunn Legislative Doodle scandal.
1t was found that the constitution pro-
hibits the service of process on members
of the Legislature for fifteen days preced-
ing and following a session of that body.
So the matter must go over for two weeks
unless Biggy and other Senators should
volunteer to come and appear before the
Grand Jury in the meantime.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
Clostna Chinese Dens.

FRESNO, March 1S.-The City Trustees,
at their meeting tonight. ordered the clos
ing of all dens under the sidewalks in China
town. The Chinese have been excavat-
ing under the sidewalks and even under
the streets for years, and a large proper
ton of them live in these. underground
dens. Trouble is expected in the enforce
ment of the law.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
TACOMA ASSISTS.
Sheriff Parker With a Posse Scouri,,t
Pierce COahtu,

TACOMA, Wash, March 1s.-Sheriff
Parker and a posse of thirteen armed men
started out this morning to assist in the
hunt for Blanck and the other escaped
Seattle murderers. They followed the
Northern Pacific track toward the King
County line, dividing later in the day into
four squads. A telephone message indi-
Gates that one squad is following man
thought to be one of the convicts, but no
details were given.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
ASKED FOR A FRANCHISE.
Local Capitalists Desire to Establish a
Telephone Sustehs In San Jose.

L0cdE CdpttdHSts Destre to EStdbEtSH a
Telephone System IN San Jose.
SAN JOSE, March 18-H. J. Edwards
tonight petitioned the Common Council
for a franchise to conduct telephone
system in this city. The petition
states that the company operat-
ing the system is composed OF
local capitalists, and they promise, ii
granted franchise, to bring telephone
rates down so low as to be within the reach
of all. The company has the right to use
the poles of the Electric Improvement
Company, of which Edwards is manager.
No action was taken on the petition and it
was referred to a committee.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
ON TRIAL ron THEIR LIVES.
The Men accused of Numbering Mrs.
Plat 4re in Court,

Los ANGELES, March 1S-Francisco
Guavish, Mateo Pa and Antonio Ashman
were placed on trial in the United States
Circuit Court to-day for the murder of
Mrs. Mary Platt. Mrs Platt was teacher
on the Pichango Indian reservation, and
on the night of September u the house in
which she lived was burned. Investiga-
ton showed that the teacher had first been
murdered and then burned. A little girl,
a relative of Mrs. Platt, escaped from the
house uninjured and gave the alarm. Off
GERS worked on the case for some time. and
finally fixed the crime upon the three de-
PENDANTS named, who were accordingly ar
rested.
All of the men lived on the reservation
and had been friendly with Mrs. Platt for
years until few days before the murder,
when they became offended because the
old lady would not furnish them with
money. The theory is that they took
their revenge in this bloody way acce riding
TO instincts of race
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-19
Conf,tred and In Jatf.

SACRAMENTO, March 1S. = Miner
Young, who last night, in fit of insanity
attempted to brain a young woman named
Mrs. Yale in this city, was captured by the
police this morning in his mothers resi-
dence, at Twentieth and o streets. He
was found hid in the basement of the
dwelling and made an attempt to brain