davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03

Judices or sympathies OF jury in favor of
a proseeutlon or against the accused: They
seek only equal and exact Justice and ap-
peal only to reason. In this light only is
the case presented: to You by the court.
and 1t is with. the utmost confidence. in
your reason and intelligence: and in the
fullest belief that YOU highly appreciate
the important duty imposed upon you that
L commit this case to: your patient and
careful consideration"
At the close: of the charge Monteith
asked for recess of two hours; He said he
was somewhat taken by surprise in the
Government narrowing the charges down
to cover the PaloAlto troubles. The charge
OF the court was long one and he required
time IN which to. formulate and note the
exceptions. Judge Morrow did not think
that any time was required and refused to
takeup any more of the iuryis time: "All
your exceptions. have been noted -, said
the court. Some of themwere incorpor-
ated IN my charge and the others refused
to entertain
Monteith--But have a mum Der of ex-
ceptions to your Honor's charge to note.
At this point United States District Attor-
ney Foote broke in and said: e.Your
Honor I.haye5 conceded every point asked
for:by Mr.. Monteith, and I don't propose
to coneede another point
An, argument followed, which resulted
In Judge Morrow allowing Monteith to
read his exceptions to the Jury. -.
That closed. the case; and the Jurors
were then allowed. to adjourn for lunch.
At 2:30 P. NJ they took up theconsidera-
ton, of the case and at Z P. NJ Marshal
Baldwin took them out to dinner. After
dinner they discussed the case for an hour
with the resultthat an eight for conviction
and four foracquittal decisionwas reached.
A deadlock followed, and at $40 p M. they
re-entered court and asked for further in
structions as. to what constituted a con-
spiracy. Judge Morrow. reread that. por-
ton of his: charge bearing ON the point
and told the Jurors that. if the strikers.
agreed together to kill the engine at Palo.
Alto 1t was a. conspiracy and they were
guilty. - : - :.
Juror Stout-Eyen. if there was no mail.
car attached? -.
Judge Morrow-Yes.
Monteith then asked; that the court in
struct the jury that the evidence on the
conspiracy charge was:all circum sta atial;
and that to constitute such a conspiracy as
the court referred to- under the trees at
Palo Alto there must have been precon.-
.certed action. :!
Judge Morrow in accordance with the
request told the: jurors that most of the
testimony was .circumstant but that
the kilograms saying. "Strike ordered. Tie
up everything" could not be so classed. In
the case at Palo Alto most of the fscts
were admitted, and the jury only had to
decide upon the matter of intent The
jury retired again, and at His p. M: as
there was no sign of their arriving at a.
verdict they We're locked up for the night.
They will appear before Judge Morrow
this morning at 10 o'clock.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03

counts In: the indictment were read and
the law governing them expoundedj said
the court. 49,,
: conspiracy which you will bear in mind. 1t is
mot incumbent upon the prosecution. to prove
that all of the means set out in the indictment
were, in fact agreed upon to carry out the con
gpiracy or that any OF them were actually used
or put in operation. twill be sufficient II it be
= established to your satisfaction and beyond a
reasonable doubt that one or more of the
means described in the indictment were TO be
used TO execute that purpose.
Tht difference between 'land. grant"
railroads such as the Central and Southern
: Pacific and those built by private. capital
was Commented upon. While the former
are under a perpetual contract to trans
port the mails at all times, the: latter are
not so bound. The constitution and by
!. laws of the American Railway Union were
read: and his Honor remarked. that the
right of workingmen to organize. was not
questioned. They could use all lawful
measures. to increase wages, but when, it
came. to interfering with the rights. Of
others organized labor was liable TO com
nit illegal acts -. ;.
Before reviewing the testimony in the
case Judge Morrow said:
If in any of my rulings during the progress of
this trial have appeared to indicate that any
. controverted fact has been established, or if /
now assume or appear to consider or treat any
fact as proved, unless it may be an admitted
fact, you win disregard such assumption and
act entirely upon your own Judgment and
conscience in determining the facts Of thecase.
The evidence for the prosecution and
defense was Analysed In a clear and logical
manner. The trouble at Oakland, Sacra-
Ioento and otherP commented
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
A SPORT IN THE ORIENT,
He Went to Jericho. and Took
a Header in the Dead :: !.
RUMsEY IN THE. OLD WORLD
A-Well-Known Athlete Returns From
the Holy and Other : IS: !.
-. Lands. +: = -; ~: :.

Among the passengers on the steamer
Rio de Janeiroi which arrived from China
and Japan early yesterday morning was
A. R.:@Rumsey, general snianager :'ef the
shipping department. Of the. Lake Carriers
Association. Rumsey isquite a.character
in his way and Besides beingthe manager
eofthe great line of lake steamers. he: con-
ducts a gymnasium and a Turkish bath: at
Cleveland, Ohio. .1He:i is travelling around
the world; is'trfp having been made posi-
bic by a desire to see. the universe and "a
purse Of s4l0o made up by the stockholders
of the association. -. +.
. ST have: travelled. from Cleveland to
China said her .'from Jerusalem to
Jericho, over the Jordan, took plunge in
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03

toward establishing the truth or falsity of
the girls claim. Yesterday he learned
that Julia Murtha not only attended:the
public schools during the years mentioned,
butthat she was. well known to several of
the teachers from the time she was years
old until she left San Francisco in 1892. e. :.
Mrs, Washburi,. principal of the Henry
Darant Grammar School. says that she has
known Julia Murtha nearly. ten years and
washer teacher for, eight years. The girl
was only 5:years old when she first came
to her as scholar and during the years
she remained in the school was a model of
refinement and gentleness Her home
was on. o Farrell street.
Superintendent Moulder will at once for
ward to Cincinnati proofs Of her identity.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
THE VERDICT IN DOUBT,
No Decision Arrived AT by the
Pr. Jurors in the :strik- s.
Fl. ..:. ers' Case. &; ~.
JUDGE ij]i E MoRRow's LONG CHARGE.
After Being Out seven. Hours the
=. !. Jury Was Said. to. Stand :.
.... = Eight to. Four. -. :.


The fate of John Cassidy and John
Maynei. the. men accused of obstructing
the. United States mail and conspiracy dur
Ing. the. recent railroad strike, is now. in
the hands. of the: following United States
jurors .Cuthbert Gordon, B. F.. Yelling
ton, ]. q. Diggins,. S. p. Budson, George
II. Stout, Richard a. Brown, Ell Lyon,
A. E. Pryor. Jacob Bertz, James :Gillon,
John B. Spencer and James B. Wyman.
Judge Morrow lives in San Rafael the
rors had to reach a verdict by 1t:15 P. NJ,
or. else. be locked up for; the night. They
failed to agree, and will be given. an OPP
portunity this morning to return:a verdict.
If they cannot agree, the chances are. that
they will be kept celebrating aIlday.:- +
Judge Morrow's charge covered 75pages.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
MISSBU|RR0UGH'S'' JULIET,
A Performance That Grew Bet
ter as. the Play Pro.
!: crossed: + !.
Listened toby a Large and Indulgent
:. Audience - A New
Opera -:

The injustice of pretending that a: repre-
sentative San Francisco audience is carp
ing tribunal, was shown: last night at the
representation of. Romeo and Juliet at
the Baldwin: Every seat In: the theater
seemed to be. oceupied;: and the Warmest
applause was given to- a performance that
seldom rose above mediocritY.
The, occasion was the debut Of Miss
Marie Burroughs in a Shakespearean role.
Almost more than the usual number of
cuts had been made in the. play, but as it
was, the performance proved so long that
the audience had perceptibly diminished
before the final scene in the; tomb of the
Capulet.: :. s: 30. -
Miss Burroughs as a picturesque Juliet
was a complete success, but. Judging from
last nights: performance she has some-
thing to learn and still more to unlearn
before she can stand forth as d really great
Shakespearean actress; For a*first attempt
III a. new and difficult line, however, there
was much to praise. i'm: her acting last
night. j. She was weakest. in the beginning
of the play, for lovely to behold as she was
in the ballroom and balcony scene, there
was nothing of the winning girlfsh aban-
| don that should characterize :. an ideal
Juliet in Miss Burroug bis ocutionary dia-
Iegue. - s.-.- 10
f. II she.would forgetthat she is declaiming
and would discard her: painful gasps for
breath, and her poses when she is in her
balcony. she would come a good deal
nearer being the impulsiye 14ryear old girl
that ] ulIet was. -. $: .4..-;...
: The California actress first began to show
her mettle in the scene where the nurse
tells her of Romeo,s DEATH There was a
|. touch of reaEtragedy in the start of horror
with which. She received@the news, and in
the agonized Lamentations which followed.
She was also natural and dramatic in the
farewell to Romeo and iii the scene: with
Friart Lawrence; bat in .soliloquizing
:over.the potion she again became a mere
elocution1stl 1t was her fail across the
sofa which redeemed this scene and made
it as effective as the final one.
;. AS Romeo, John E.. kellerd kept slightly
to realize that he was only acting as foil
to the star, and rushed through his scenes
without Miss Burroughs at express speed.
Indeed, his desire to get through seemed
/ to make him almost hysterical III the scene
where he hears from Friar Lawrence's lips
that he has been banished. Miss Kate
Lester was a stately Lady Capulet, though
she played the part as a nineteenth CEN
fury woman of the world. Miss Marion
Abbot, did not make the nurse the charm
ing old woman that Miss Sterling and
other great nurses have. made her; on the
contrary, she introduced some unaffected
touches of caricature into the role; The
rest of the support was worthy neither OF
much blame nor praise. !:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03

contractors to make estimates on the
buildings when Mrs. Greenwald made the
tempting offer of $4,000, which was ac-
.eepted. = =:
The advance in value may be- due to the
fact.that.a magnificent brownstone- man
sion: is in course of construction in the
next block on Van Ness avenue, and other
signs of improvement in that vicinity
point to its permanency as fashionable
residence district.
Inc lot at the southeast corner Sn OF Larkln
avenueby 81 feet on Larkin street, wasseld
Saturday to James Shea trustee of Kathe-
rine Farrell, for $50;400. This property be-
longed to the estate. of Michael Joseph
Kelly. the contractor. 1t has two"frame
buildings, three stories in height, which
cannot; pay good interest on the invest
ment.: It considered likely that a hotel
will. be erected on the lot, as planned by
Mr.: Kelly shortly before his death. -
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
WAS. WELL KNOWN HERE.

The. identity of the Cincinnati Girl
~. Fully Established.
!: A few days ago H, c.. Moulder,; superin:
tendent of the. Public Schools. received a
COMMUNICATION from f. j. Bernies of Gin
tc;innati asking for information concerning
a young girl named Julia Murtha. Mr..
Bernies stated in his letter that the girl
claimed to have attended the public
schools of San Francisco from188s to 1892,
and if that fact could be established aeon.
siderable sum of money would be paid
over to her.
: Immediately on receipt of this commu.
ilication Superintendent Moulder adj
dressed letter to every school principal
lin San. Francisco, setting forth the facts,
with the request that extra effort be made
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
THE BARRIERS.
A Committee to Visit the Shops That
Keep Open After O'Clock.


:. Keep Open After O'clock.
There was an unusually large attend
ance at the meeting. of The BARRIERS ascot
alton held. last night in their hall: at 109
.Q'Farrell street.
/. A proposition to name committee OF
twenty-five to watch shops and see that
they close at noon: ON Sunday evoked
much discussion, but not meeting the
views Of the majority at this fine, NO
action was taken. 1t was, however, de-
cidedto send each shop copy OF the new
law and it was stated that if it was not OBJ
served then some action should be taken.
On motion of Mr.: Miller, a committee of
five. consisting of .Messrs. Miller, Ham
mann, Rreitwisch, Schoenert and Herde-
mann, was authorized to- meet on Friday
night at. 1881 O'Farrell street and from
there visit. shops that they found open
after 8. clock at highland induce the pro-
<prietors.t to close at that hour. -. =: !:
Mr.. Seppich spoke at some length upon
the troubles that have occurred and
claimed that the journeymen brought it
on themselves. He urged them to: work
together and claim the rights which they
are entitled to. -. -.
The ball in aid of the association will be
given on the 18th inst, and it promises to
be a. success. g.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03

upon, but the main issue. dwelt upon was
the killing of the, engine that drew the
mail train at Palo Alto. Judge Morrow's
instructions on this point were;
Aside from the responsibility which the law
imposes upon those who commit unlawful acts
the testimony of the defendants, Mayne and
Cassidy, may throw some light on the real
motive that aetuated the defendants in. killing
the engine atsPalo Alto. When asked by Corn
wall if he did not think he had-done something
serious in stopping the mailihe admits that he
REPLIED .'Eyenif have, this is - OF time
to come and tell us of it now after 1t is all
over and hearing soon after that an officer
was after them the defendants fed from the
place. Was the motive t'deYiltry,as as: Mayne
says and the conseq ueIices whatever they
might be? Was the motive ITO be in the
whatever. they might be? III SO how can they
avoid responsibility Tor such consequences p.
T. In considering the testimony relating to the
whole case, it will be :for you: TO determine
whether there4was such q general conspiracy
as claimed BY. the G over lment; involving the:
members of the american Railway Union in a
combination and eencert-of action to Distract
and retardthe passage OF the mails of the United
States and in restraint of trade and commerce.
and whether these defendants were members
Of that conspiracy. but. you may also consider
the. case under: this: Indictment within much
narrower limits "A cons piracy may have been
formed between these defendants at PaIo Alto
while MesSrs. HayneY Clark and Rice were.
String under the tree at University Park 70.
commit an offense against the United States in
obStrueting and retarding' the passage of tn e:
United States mails; and in restraint of trade
and commerce, and in pursuance of such con-
| SpiTGcy, they committed the overt act of killing
the+engine on the turntable, and if you believe
from the testimony beyond a reasonable doubt
that they did at that time form a conspiracy to
commit such an offense and committed the
actthey did in pursuance OF q conspiracy, it
will be: your duty to find the defendants guilty.
on the facts involved in that occurrence alone
without regard to the testimony relating to
occurrences elsewhere =;
+ In: conclusion Judge Morrow said:
"Courts never appealto the passions, pre-
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
FOR THE. NEW TRACK.
Contracts for Grading Signed and "a
Large Force Of Men viii Begin. :
II Work To-Day. ::

. After some delay the contract for grad,
ing the new racetrack; near the Ingleside
House on Ocean-house road was let yester-
are. ready to break ground to-day and push
the work with great rapidity, as there are
two. penalties: before them for failure to
complete it by certain dates Forty DAYS
are allowed for grading the sites for build
ings, and a penalty Of $50 a day for every
day: over that time will, be exaoted. For
grading the whole site150 days are allowed,
but the contractors must finish before the
limit: expires or pay s1e0 day until COM
pleted. ..::-'. =; ::
The specifications Of Engineer NJ: M.
'Shaughnessy call for: moving 1S9,0O0
cubic. yards Of earth and 2QeO. cubic yards
of rock, the. latter, for spreading over the
q rayine. fifty feet. deep will have to be,
filled. ). -. = :. :
The track will, have uniform width OF.
10 feet, excepting In front of the. grand
stand and clubhouse, where it win be so
feet wide: To assure: drainage for keeping
the:track- dry. in winter. a; slope of eighteen
inches horizontal to- one foot vertical will
be made, and a drain two and half. feet
deep is to be dug around one; end of the
track about five feet from the inner rail.
Particular careis to be taken that the track
shall be dry and spongy to obviate mud
and slush in the winter season.
The entrance will be through a winding
avenue and groups of trees and shrubs,
and at both ends of the buildings ofna.
mental trees will be planted. The build
ings are to: be ornamental in design and
provided with all arrangements for COM
fort and convenience of Visitors. Grounds
and buildings must. be finished in five
months from April: 9, as racing for the
winter season Will open on November 1. =:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
WINTER In ALASKA.
wild Scenes Witnessed During adam
:: -, nary visit to Glacier Bay.

wild. Scenes: Witnessed During adam
nary. visit to Glacier Bay. =:
+. Doing the tourist act in the midwinter
season in Alaska is novel. On Intervening
of?Janirary the voyage was begun, and
the next morning daylight disclosed the
steamer anchored off Sidmore Island in
:Glacier Bay, and theair biting, the atmos-
phefe clear and the sun peeping over the
hills to the eastward. After q. heavy break
fast:the anchor: was weighed. Steaming
against an icy-cold wind from the glisten-
ing pinnacles of the glaciers, the vessels
bridge and; deck were soon frosty, Will
loughby's, Marble, Drake and stnrgess
Islands held their positions: against The
wind as the steamer slipped by. To the
left Pacific Inlet presented Its range of
mountains, sIiow-capped and rugged; and
at their base Pacific GLACIER nestled, heap
of tumbled ice.
!: AT the head of the bay Muir Glacier
reared its plateau of ice, nlinging TO the
sides of, the Eairweather range. as if deter+
mined net. to slide into the encroaching
bay. The scene was wild, and natures
process of ,disintegration seemed. frozen
Into a dense rlgidlty and the works of her
artappeared arrested by the frozen chill Of
tons upon tons'of ice. =.
Captain Carroll headed for the wall of
ice, passing Professor John Mslir's cabin on on
the: gIit until "a calm was entered beneath
the .peetiing lorags and frozen architecture.
Coming up to! the wall Of ice the steamer
sWerved and steamed up towlthln a stones
throw. of the ,glacier along. the entire
frontage AT. times the vessel was within
seventy feet of its walls, and the ripples.
from the. steamer gurgaed into the cayerns,
with a warming note.
one crag. began pracking; the steamer
to-her former course. 1t is not often that
one: has the opportunity to ride: under a
wall of ice for mile and witness the ice:
hold together until the passage is safely
made. Captain Carroll admitted, when at
q safe. distance, that-it was the first time
closely: The: walls: were .huted with pin:
nacfes of. icei rising in: places from 100 to
300 feet from the water, and, the frosted.
surface eontrasted superbly with the sea
green and heavenly blue tints of. the frac--
tured ice. AS far as the eye could discover
the. frozen river extended back into the.
wild recesses. of the: saW-toothed FaiF-
weather Range.-Alaska News.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
A CURIOUS CLOCK.

1t: Was Made by a herman Artist, who
Worked at 1T six Years. -
a curious clock has been. made by a
'elocknaker at Warsaw. named Goldfadon,
who has worked at it six years; says an ea.
change. The clock represents railway
station, with. waiting-rooins for travellers,
telegraph and ticket offices, % very pretty,
well-ighted platform and flower garden,
in the center of which is a sprinkling foun-
tain Of clear. water. Past the: railway sta.
tion run the. lines: There are also signal
boxes, signal lights: and reservoirs fact
ev.rNihing that belongs to a. railway sta
tion to the smallest detail
lin the cupola of the central tower is "a
C osks which shows the time of the place;
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
FANCY PRICES STILL PREVAIL.
Land on Van Ness Avenue Sells; for 5
:: High Figure. :.

/ A transfer of real :estate on: Van Ness
avenue, near Clay street, was recorded yes.
terday, which, although Commonplace las
to the amount OF money Involved, is quite
significant in its relation to ruling prices.
The property in question is situated ON
the east sideof Van Ness avenue, 77:sL feet
north of Clay street, with frontage of:5o
feet and a depth of lo9. feet. 1t was sold
by DR.. Alexander T. Leonard and. his wife
to Mrs. Louisa Greenwald. for $4,000. "A
few-years ago DR.. Leonard bought the same
land for $4,000. Quite recently he had
plans made. for six handsome flats, to be
finished in thelatest style, with all modern
improvements; and TO be rented at fancy
ratns Evervthing WAS in readiness for
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
:. q. Tha bathing. Girl.ii

!: A. special season has been arranged with
"The Fencing Master, Comic Opera Company
whereby the company is to play a return en-
gagetnent at the Baldwin, commencing Mon
day, April Is, and present the. new musical
comedy "The Bathing Girl" the initial per-
formaIIce of which was lately given at Denver,
and the piece scored an immense hit: 1t is
the various members of the company. :.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-03
KNOCKED: DOWN. AND. ROBBED,
Rough Experience of. G.. A. Loring ON
Fillmore. Street. !.

g.. A. Loring, assistant. superintendent
of the San Mateo electric line, called at the
Central Police Station about.8 O'clock: yes
terday morning and reported tiratwhileon
his way home he had:been held up by two,
men on Fillmore street. They knocked
him down and robbed him of his gold
watch and a DIAMOND PIN.
The watch bore his: initials. 6. A.. f., Ola
the case, which may lead to the capture OF
the footpads.. ~: