davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-11-23

and an attempt made TO terrorize him for
his acts in the Grand Jury room he should
come to me and 1 will see that he is prop
erly protected.
"Whiie these statements OF Grand
Juror are punishable rs a contempt 1t
i, OF criminal nature. and as it was not
committed in the presence of the court 1t
cannot be acted upoa summarily. When
this Is the case some formal preliminary
action must be taken. This Investigate n
is simply for the purpose OF determining
what iurther action may be had.
"While there is no legal testimony, yet
the developments show that there is
moral guilt | say, gentlemen, that while
there is no legal testimony, there is un-
doubtedly moral dereliciion on his part,
a derelic.i on which merits punishment.
Il was disposed at first 10 strike his
name from the jury roll and to let him
go, as being an improper person 10 asso-
ciate with honest men. But l find that
the jury is only composed of nineteen
mem bers, the necessary numD3r, and as
no business can be attended 20 with less
number, | don't see why there should be
any neglect OF il by the Grand Jury.
AS grand juror, having taken an
oath not TO disclose any OF the secrets OF
the body of which he Is member, he is
guilty OF perjury; when he refuses to
obey the instructions OF the court he Is
guilty of contempt; when he makes
known any of the proceedings OF the
Grand Jury he is guilty OF misdemeanor.
But there are other proceedings which
must be taken first.
mo. gentlemen; while 1 say tina. there
is no legal evidence, l insist that there is
moral evidence, ana the action OF this
court must be controlled solely by the
legal presentation of facts But say to
yvu that no honest man will refuse to
answer these questions. 1t is unfair 10
the jury, 10 the court and to himself.
"When a man will perjure himself and
act the Judas for his fellow traitors he is
e man actuated solely by the motives of a
scoundrel and is deserving only of the
consideration due a cur. He is not en-
titled 10 the consld Grafton of honest peo-
pie, but is tit only for their contempt.
I'VE have undou otediy fixed the moral
guilt where it ought to be and it is now
the prosecuting officers duty to prosecute
him legally. Idon't propose to have the
proper instructions and orders OF this
court violated.
81 have 70 call in another Grand Jury
the first of this month and | wish you
gentlemen to proceed with your duty and
wind Up your business as soon as posi-
bic, that you may be discharged. There
is nothing that requires you 10 be longer
in session. It is essential before l can
call another Grand jury that this Grand
Jury be discharged.
This morning an unseemly accident, i
am told, occurred in the courtroom. If
the court had been in session l should uD-
doubtedly have seen it and taken notice
OF il. l have heard some criticism be-
cause the court has not called the matter
up. In the hustle and excitement l did
not see what took pace and shall there
fore let the matter urop"
The San Francisco call., 1897-11-23
A Fist FIGHT
IN THE COURT
This Is the Incident Judge
Lorigan DID Not
See.

SAN JOSE, Nov. 22.-"That fellow
ought to be in San Quentin !'-bift! ! AMI
Councilman J. 2. Fay was sprawlIng over
the desk which stood behind him.
This exciting incident followed hard
upon the adjournment OF Judge Lorigan' S
court at the conclusion of the morning
session.
c. W. Collins, president of the Purity
Club, was advancing toward The CALL S
representative when Councilman Fly
pointed his finger at him and made the
remark which opens this story.
Collins uttered no word, but made his
reply with his right fist, which he shot out
straight from his shoulder. cato hing Fay
on the jaw The latter was dazed by the
blow and thrown from his balance. He
ieIl over the desk at his back, and before
Collins could strike another blow he was
seized and borne away by friends of the
Councilman. Sheriff Lyndon hustled
Collins quickly out OF the courthouse and
the episo e was over.
The entente discordial between the two
men dates from the last election, at which
Fay dsfeated Homer Prindle, who was
Collins candidate :or Councilman. On
the face of the returns Collins claims that
Prindle was electe b. thirteen votes. but
that on recount before Judge Lorigan
Fay was decided 10 be the victor.
The San Francisco call., 1897-11-23
Will QUALIFY TO
ACT AS A BIDDER
Attorney General Mckenna
Preparing to Protect the
Government.
1t Seems Certain, However, That
the Kansas Pacific VIII Pay
All Debts.
Special Dispatch to THE CALL


NEW YORK. Nov. 22.-The Herald S
Washington correspondent telegraphs
Attorney General McKenna has definitely
decided TO qualify as bidder for the Kan
sas Pacific Railroad, which is to be sold at
auction under foreclosure procse lings on
Decemb ber Is. This action is to be taken
in order to insure the protection OF the
Governments interest in the road and to
enable him 10 bid it in for the Govern
ment in the event of the failure of the
Union Pacific reorganization com mittee
or any other syndicate bidding enough to
cover the Government mortgage.
The administrat ion still believes the COM
mittee will bid the full amount of the Gov
ernmcnt's claim, so that the Government
will get out of the road without the loss
of dollar; but, in order that there may
be no failure, 10 protect the Government 5
interest, the Government itself will be
prepared Tor It,
e.. Ellery Anderson OF New York and o.
w. Mink of Boston, receivers of the Union
Pacific road, had two hours consult ton
with Acknowledgement McKenna tod ay
to give him such inform ation as thew pos
sessed bearing on the value of the Kansas
Pacific road. Mr.. Mckenna questioned
them at length on the value and equip
meut of the road, its earnings and in
come, and they gave him all the data they
had, This information will by used by
the Attorney General in arriving at de +
mite conclusion as to the value of the
property.
The San Francisco call., 1897-11-23
YELLOW FEKER'S RAHAGES.
During the Epidemic in the South
There Have hiready Been
446 Deaths.

WASHINGTON, Nov. 22.-According to
the last weekly report issued by the sur
geon-general of the marine hospital
service, giving The returns up to the 10Th
inst, there had then appeared during the
yellow fever epidemic in the South a total
OF 1879 cases. OF which 446 had proved
fatal. OF the total mum ber of ca es, 1S47
were reported from Louisiana. 1925 from
Mississippi, 740 from Alabama, 80 from
Tennessee, IS from Texas, 4 from Illinois,
) from Georgia and l each from Florida
and Kentucky. All but ten OF the cases
reported from Louisiana are credited to
New Orleans.
A computation shows that about 1917
per cent of the cases proved fatal. In
Mississippi the death rate was less than
8 per cent of the total number. At New
Orean, 14}s per cent of the patients died,
and at Mou e ess than Is rer cent.
PENSACOLA, FLA, Nov. 22-Three pri-
Yates of the First Artillery are now in the
hospital at Fort Barrancas with yellow
fever. Trained nurses have been sent
from here 10 attend taem, and they are
ali reported 10 be doing nicely. The
opinion is gaining ground that the present
Injection originated ct the fort from tear
ing down the past summer Of the old hos
pital, in which many yellow lever patients
wer- treated years ago.
NEW ORLEANS, Nov. 22.-There were
six new cases of yellow fever to-day. with
one death, that of George B. ackford a
n private hospital. The Texas and Paci-
tic attempted 10 run a passenger train
through to Texas to-day, but it was
stopped ut Boyce, La Through service
will again be abandoned, but the road will
run a train to Baton Rouge function to
connect with another train going west.
The San Francisco call., 1897-11-23
HAWAHAH PACIFIC CABLE.
IF the Desired Legislation Is Secured
the Line WIN Be in Working
Order BY 1898.

NEW YORK, Nov. PA Washington
special to the Sun says: The proposed
Pacific able between this country and
Hawaii will be up before Congress this
session. bill was introduced in the
Fifty fourth Congress authorizing the
Pacific Gable Company of New York to
lay this cable.
After being reported favorably by the
Com mittee on Commerce in the House it
was sent to the Postm ter-G General for a
report. This report he's not as yet been
given out, but it is said will be presented
to Congress soon after it assem- bles.
Edmund l.. Bayliss, vice-president of
the New York Company, has been in
Washin gton looking after the interests of
his associ iates. In an interview to-day he
said the Govern had completed a
survey of the route as far rs the Hawaiian
Islands, and ii the bill is passed at the
coming session The cable will be in run
ming order in 1898.
The San Francisco call., 1897-11-23
ARRESTED F0R THEFT.
The Widow of Commodore Rudd of
the Navy Confesses to Having
Stolen several articles.

NEW YORK, Nov. 22-Mrs. Emeline
Rudd, widow OF Commodore John H.
Rudd, United States navy, woman OF
education and refinement, and highly
connec;e both here and abroad, was ar.
rested in this city for theft and locked w
IN the police station.
She confessed. Actuated perhaps by
stress of circumstances or perhaps labor
ing under some affection of the mind she
took from the trunk OF a woman in whose
house she was stopping several pieces oil
jewelry, as we'll as costly wearing ap-
parei, and on her finger when arrested
she wore little gold band, cheap trim ket,
which had belonged to \ serving maid.
Most of the property was recovered in
pawnshops.
Mrs. Rudd is about 81 years old, has
four grown daughters, all of whom have
contracted brilliant marriages, two ot
them being wives OF titled officers in the
British army, and the others OF officers
in the British navy. Mrs. Rudd is the
daughter of D vii Paul Brown Of PhiIa
delphia, n lawyer of national reputation.
She will be formally examined in the Po.
lice Court in the morning.
The San Francisco call., 1897-11-23
TEN THOUSAND
NAMES ENROLLED
Monster Petition to the
Los Angeles City
Council.
Citizens Appeal for Municipal
Ownership of a Water
System.
Ask That an Election Bo Called to
Decide Upon the Question
of Bonding.
Special Dispatch 10 THE CALL.

LOS ANGELES, Nov. pa petition
bearing the signatures OF 10000 OF the
leading business men and residents of the
city was presented to the Common Coun-
Gil this morning. asking that body to call
an election to vote bonds to erect mu-
nicipal Notwithstanding plant.
The petition is the largest one that has
ever been presented to the Council of this
city. 1t was laid before the Aidermanic
body by Judge C. c. Wright, who made a
brief speech appealing to the Councilmen
to take favorable and immediate action on
the prayer of the petitioners.
The city owns the water of the Los An
geles River. Thirty years ago that water
was leased to the water company. The
lease expires next July. One of the pro-
visions of the lease was that at its expira-
ton the water company should sell its
distributing plant to the city. The COM
pany is prepared to do go, but it asks
So, OOO, 600 for the plant. The City Engi-
neer, after a thorough examination, says
it is worth 81 ,200, 900. The water company
declines to arbitrate the price, and pro-
ceedings to acquire mum cipal plant
have been in allegiance for some time.
The Counciimen were all elected on the
issue as friends of municipal ownership.
They still pretend to be- but their failure
to move in the matter caused the clrcula-
ton OF the petition asking them to call a
bond election to vote bonds for the con-
struction OF distributing plant inde-
pendent of that owned by the water COM
pany,
Tie 10, 600 signatures were obtained In a
few days. When the petition was filed to-
day the Council Chamber was crowded
with citizens who were there to urge the
necessity OF immediate action, but the
Councilmen referred the petition to the
factory and caused considerable discon-
tent, which the spectators were not at all
slow about expressing.
The officers of the water company will
oppose the erection OF any independent
plant with all the power and influence
! they can control on the ground that the
paralleling of their distributing lines
would be veritabIe oonfiscation OF their
property.
Two Councilmen-Baker and Nickell-
who have not IN the past been actively
identified with the movement for munich
pal ownership, have announced that they
are in favor OF giving the company one
more opportunity to arbitrate and if the
corporation fails to avail itself OF the
chance, then, they say, they will vote and
work for the construction OF an inde-
pendent plant. This is change of front
and would make ma ajority in the Coun-
Gil with those members already in 'avor
of independent action. The course OF the
water committee In handling the petition
Ind int
The San Francisco call., 1897-11-23
STEWARD y0UAG SCORES A POINT
Demurrer to the Agnews kttache' S
Writ of Prohibition Cverruied
by the Court.

SAN JOSE, Nov. 22.-The demurre,
filed by Deputy Attorney General Garter
to the writ OF prohibition obtained by
Steward Young of the Agnews Insane
Asylum TO prevent the trustees from dis
charging him without proper investiga.
ton was overruled by Judge Lorigan to.
day. The point raised in the demurrer
was that the action could not lie and that
the court HAD no Jurisdiction. Ten day s
time was given the trustees to answer.
The case will now come up on its merits.
Young was granted writ of prohibi-
ton on the ground that under a legisla.
tive act of 1891 an ex-Union soldier OF
sailor could not be removed from office
without charges being preferred and sus-
tanned after a thorough investigation.
This, it is claimed, was not done when
Medical Director Sponogle dismissed HIM.
The San Francisco call., 1897-11-23
JUDGES LENIENCY
EXCITES COMMENT
Six Months Imprisonment for
a Man Who Attempted
Murder.
Victoria Press Arraigns the Court
for InfllCting Light Punish
ment.
Special Dispatch to THE CALI.

VICTORIA, Nov. 22.-"Revolver shoot
ing s not as serious an offense as it use
TO be here" is the comment which the
Times OF this city is bold enough to make
respecting a sentence pronounced to-day
by Judge McColl in the Assize Court here
The prisoner was Thomas Cummings, q
seaier, who had been found guilty of at
tempting to murder grocery clerk named
HalIett Bayley. whom Cummings sup
posed to have been responsible for the
flight Of his wife to San Francisco
Cummings fred three shots at Bayley
after deliberate preparation, and, not
withstanding that the jury had recon-
mended him 10 mercy, the pu blic looked
for a long Imprisonment. There was gen.
eral surprise this morning when Justice
McColl imposed a six months sentence
without hard labor, with the requirement
in addition that Cummings should be
bound over TO keep the peace for two
years from the expiration OF that time.
This sentence was in striking contrast
to the one imposed i'm med lately preoed :
Ing on an unfortunate Italian, who, after
great provocation, had assaulted coun
tryman with knife. and was condemned
to serve three years. with two years ad-
ditional i'll default of providing security
that he would keep the peace. The
case OF the Italian, however, tried
at the same Assize, was not heard
by Judge McColl, but by Chief Justice
Davie, by whom the sentence was pro-
nounced. 1t is not often that the news
papers of this province presume to COM
ment upon the actions OF the courts, but
The San Francisco call., 1897-11-23
Juror CARROLL
BITTERLY SCORED
Judge Lorigan Says He Is
Morally Guilty of
Perjury.

SAN JOSE, Nov. 22.-At the afternoon
session the courtroom was even more
crowded than during the morning. Judge
Lorigan was as prompt as be had been at
the earlier session. He first read an atfi-
davlt from Lyman S. Bare, the absent
juror, setting forth that the latter had
never in any manner divulged the secrets
OF the Grand Jury, nor been approached
to do so. Then came The most sensational
scoring probably ever delivered from
the bench in a State court.
Addressing the Grand Jury, he said ::
AFTER your examination this morning
continued this matter until 2 O. clock tor
the purpose OF making some reflections IN
order that might make a proper disposi-
tion of it. As [ informed you when we
commenced the proceeding, the court b ad
called you here because the report had
been spread abroad that some member OF
the Grand Jury had violated his oath :;
ana that the Impu ations so cast upon the
whole jury might be visited upon The
proper individual. and that the other gen.
tlemen of the Grand Jury should not rest
under the imputation that they had Yio-
lated their oath.
All your body, with the exception of
one individual, have responded that you
had kept your oath, had obeyed the court
and had violated nc duty imposed upon
you by me. In the conduct of all proceed
lngs the court endeavors TO act iudiciously
and lmpartiaily, without resentment,
without desire 10 rush blindly into any
thing that might be characterized as i'm
proper, and the court simply desires to
maintain the proper dignity of the court
and the honor of the Grand Jury. Ii is
solely for that purpose l have you here.
"While this matter has assumed some
magnitude, you will find that it is simply
an init!atory step as to what the final
outcome will be. That one juror stands
upon what he calls his constitutional
right-his right not to answer questions
which it must strike any one no honest
man would hes tate 10 answer People
may stand on their constitutional rights.
and it is one of the laws of this country
that where a person is asked questions
which may criminate him he may refuse
to answer
The reason this juror refuses TO answer
is because whatever his answer may be he
says he Will be involved in some Interior
proceeding. 1t is idle drivel. The law
protects every juror in his individual ca
pacily as a juror. II any man is approached
The San Francisco call., 1897-11-23
CHAIRMAN HIGGINS
VISITS CIEVEIAN D
Saws Conditions Are Much
Better in the WeS. Than
in the East.
Hopes That the Money Question
VIII Not Be an Issue in the
Camp aign of 1900.
Special Dispatch to THE CALI


CLEVELAND, Nov. ON. r. Hig-
gins chairman OF the Repu blican State
Central Committee of California, arrived
in the city yesterday and registered at the
Hollenden. 1t is supposed ne came
here to see Mark Hanna on
some important political mission. He
declared that his visit East had
nothing to do viii b politics or political
situations, either directly or indirectly.
He SAID he hoped the money question
would not be the issue in 1900 unless re-.
markaDe wave OF prosperity sweeps over
the country, "for," he declared, referring
to the result in: California in 1896,
1--WE just got through by the skin oil
our teeth. The monetary question is q
long WAYS from dead in the West"
Asked II he thought it would be the
issue in the next Presidential campaign
he replied:
ut ought moi to be. The Repu blican
party pledged itself to adjust the m one
tary situation, if it could be done by in
ternational agreement. 1t has been
learned that it cannot be accomplished, so
that ought TO settle the matter for good.
Give us two or three good crops n the
West between now and 1900 and we won't
care anything about gold and silver"
Regarding business conditions he said
he has found them to be much better IN
the West than the East. 1--WE don't hear
much complaint out our way about har 1
times, he said, "but we hear great deal
about them IN the East, and the further
east one goes the more he hears it.'
The San Francisco call., 1897-11-23
Narnt Officers Changed.

WASHINGTON, Nov 22-The follow
ing officers have been detached from the
Yorktown and ordered home with two
months leave: Commander G. H. Stock.
ton, Lieutenan;-Com III. Winsow,
Ensign G. c. Day. Passed Assistant Sur
geon t. B. Bailey, Chief Engineer fl.
Webster, Passed Assistant Engineers E.
H. Scrbner and T. K. Robinson. Lieu
tenant Young has been detached from the
Yorktown and ordered to the Alert.
Lieutenant I. S. Phelps Jr. has been de-
tached from the Alert and ordered home
on two months leave. Ensign A. n.
Scales has been detached from the York
town and granted two months leave.
The San Francisco call., 1897-11-23
TEACHERS ACCUSE
SCHOOL DIRECTORS
Scandal in Los Angeles Edu-
Cational Circles Grows
ApaCe.
One Instructor Says She Was Dis
missed for Refusing to Pay
Brbe Money.
Special Dispatch to The CAL.

Special DlSpatcn 10 HE GALL
LOS ANGELES, Nov 22.-As the days
90 by the evidence Of extortion and black
mailing, which seems 10 have been char
acterist;c feature of the conduct of the
School Department, continues to
increase and accumulate MISS Emma
Griffiths, for nine years an in
struotor in the Olive street
School, claims now that she was displaced
for her failure to submit TO an a assessment
of one months salary. The chairman of
the teachers committee, School Director
Webb, asserts that Miss Gritfilh h was re.
moved for the reason that City Superin-
tendent J. a. Foshay said that her work
was not satisfactory.
Foshay denies that he ever said any
thing OF the kind, and on the other hand
states that Mis- Griffith's Work was in
every way satisfa ctory. He says that h.,
knows of no reason why the board failed
10 re-elect her. Miss Griffith says she
knows good reason, and that 1t was her
failure to pay bribe money.
Miss f. A. Anderson asserts that she
was removed from the principalship OF
the San Pedro-street school for thrashing
the unruiy son of DR.. Mathes, the presi-
dent of the board.
SUPERINTENDENT Foshay denies that he
palu 9oUU lot ms poSltlOn. ms charge
was made openly, but it has been as
promptly denied. The investigation before
the committee of the board will continue
tomorrow evening.
Those who have made disclosures look
upon the board farce. but they 1eel
certain that the Grand Jury will take
some action. Over sixty witnesses have
been examined by that body and the Dis
trct Attorney states that he intends TO
OrOEe the affair TO the hot tom
The investigation will be carried back
to the Board of Education which pre-
oeded this one. In the meantime the city
schools are suffering as a result of the dis
organization attendant upon the revela-
tions that have been made.
The San Francisco call., 1897-11-23
Pacific Coast Pensions.

WASHINGTON, Nov. %. Pensions
have been granted as follows: California
Originally Walter H. Eager, San Fran
cisco; Willism NJ. V. Young. University.
Mexican war survivor, increase-Abram
Z. Rainey, Santa Rosa.
Washington: Original-Albert Guy, Ka-
lama. Original widow, etc. - Mary J..
Stafford, Maytield; Elijah ID. Farnum,
father, Puyallup.
The San Francisco call., 1897-11-23

respecting the Cummings sentence the
Times says:
six months imprisonment for at
tempting TO murder man by shooting st
him four or five times at almost arm s
length seems TO us not only absurd!y in
adequate, but most dangerous exercise
OF judicial leniency that has passed over
the judicial bench lately.'
The San Francisco call., 1897-11-23
Death Sfrfkes In Tufare.

TULARE, Nov. 22.-S. Housman, pio-
neer resident OF Tulare, died suddenly to-
day. He had been custodian of the pub
lie library for mnny years. He was O ma
tive of Ohio and 81 years old.
The San Francisco call., 1897-11-23
0gMah ms .
Il

DO YOU FIND YOUR
old pristine strength and
vigor and vim slipping Slow
ly away from you? Do you
now get dazed aud exhaust
ed? Have you to reach out
for some support ever and
anon? These are important
questions for you to answer
yourself. You have to fight
your own battles and must
be fully prepared. Where
ever you go the weak is last,
the strong first.
The San Francisco call., 1897-11-23
Buralar. Onrn a SAFE.

SAN JOSE, Nov. 22.-The office OF the
City stables on Santa Clara street was
looted by burglars last night. A small
safe was opened and SIS taken.
The San Francisco call., 1897-11-23
YOUR
THANKS
| GIVING
| WANTS
| CORRECTLY
| SUPPLIED

Dainty China Cups and Saucers, light
weight, the Kind SO much sought after,
25c to SOC.
Individual Odd China Plates, 10c to SOC
each.
Cake, Fruit or Nut Baskets, SOC to S275
each.
Lamps for center table or odd corner.
This seasons goods priced most reason
ably. Guest chamber articles IN the drug
department.. A look at our Tuesdays
window display will convince you of our
ability TO serve you.
Store Open Tuesday and Wednesday
Evenings Till O'Clock.