The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-05-24

n ID a traitor or a Spanish spy apply
the match to the SUM tubs of the
! California Powder Works at Pinole
on July q last which rent the vast
plant TO splinters and sent the souls of
four human beings into eternity?
This is a question that has oft been
asked without answer. but that such must
have been the case has ever remained
undisputed. save when James 3. Auders
brought suit against the corporation con-
trolling the works cast aside the theory
of foul play and alleged that the ruin of
the plant was due to the negligence OF
employees, especially John Birmingham Jr.,
who on the fatal day was in charge Of
the host of nitro-g lycerin mixers. When
the explosion came Anders was in the
company's grounds attending to his du-
ties. The terrible conclusion threw MIN
To the ground and as he alleges left him
manned and bruised. the sense Of hearing
destroyed for life and an invalid TIL the
end of his time. About him lay the man
gled remains Of the dead and hurrying
filters bore the wounded from the chaotic
scene. A flag in the center OF the city
was raised half way. and soon knots OF
Grape stilled the bells Of four Of Pinole's
happiest homes This was the scene that
followed the explosion occurring shortly
after daylight ON the morning Of the 9th,
but "a minor explosion preceded the one
of fatalities. Shortly after midnight the
first explosion occurred. 1t was not Sc
we're. bat the families of the laborers hur-
Iied from their homes out into the night
30 auay their fears. No one was injured,
and soon a small army was clearing away
the debris, under the supervision of Mr..
birmingham. While these men were
bending at the work. now assisted by the
light of carly day. the second explosion
took place, rending the many structures
and leaving its list of dead. The shock
over and the excitement somewhat sub
dued. a search was instituted and near
the ruins Of the nitro glycerin plant a fuse
was dragged forth, a break in the sur
rounding barbed-wire fence was found
tracks of man led to the establishment
and when these incidents were connected
with a stranger OF Spanish appearance
seen lurking in the vicinity during the
preceding day and night of the first eX-
p,osion the theory that the work was
that of Spanish spy rapidly gained cred
Deputy Sheriff Prayer accepted this
theory and went TO work on the Clews in
lis possession, and Government Secret
Service Agents labOred for weeks, but
was placed around the plant and later,
when the Santa Cruz establishment was
wrecked by the force of its own confined
power, the military was ordered to duty
20 protect these suppliers Of powder from
The acts of either the depraved, the traitor
The days through which these plants
We're guarded passed, and in the mean
time Auders whose misfOrtunes have
been cited, commenced suit against the
powder company TO recover SluUOO dam (
ages for the injuries he sustained. In his /
complaint. as aforesaid. he passed aside /
The theory Of foul play and held the COM !
l-ut employees 10 blame. He accused /
them of incompetence and Carelessness, /
claiming that the second explosion was
caused by the striking Of a faucet on a
ui-Io-slycerin tank with a hammer, and
as erred that the work of clearing away
The debris from the first explosion was
improperly performed. In the answer
these allegations were denied, and though
the theory that the damage, death
and injury were caused by Spanish spy
or traitor was not Incorporated in the
rle3dingS, they enter largely into the de-
Tense Of the suit. Such defense is the
first of its kind since the sinking of the
Maine but doubtless it will be brought up
many times before the memory of such
explosions will have been forgotten.
The suit instituted by Anders was as
signed 10 Judge Daingerfield for trial 1t
was taken up few days ago, but argu-
ments on legal technicalities prevented
the Introduction Of material evidence.
These have now been disposed of and the
case is under progress Yesterday after
noon the matter of evidence was again
taken up and the deposition of Captain
W R. Quinan. prominent in the manage
uent of the powder works, read. In
this deposition the theory and proofs to
back the theory Of the witness that the
explosion was due 10 foul play was
brought out. Z. S. PiIlsbury, who repre-
seuts the company, read the deposition,
and il was listened to with great interest
by the Jury which must determine the
liability of the company for the plain
tiffs injuries. The testimony of the wit
ness related particularly TO the theory
Of foul play and in answer TO the first
question put by Mr.. Pillsbury was to the
effect that the first explosion took place
in the tubs containing the slums. Con
tinuing on this line, the testimony of the
witness, in question and answer form, is
as follows:
O Well now you have said that you did not
consider that explosive matter?
A Well, l mean explosive in the ordinary
sense. II 1t were attacked with a dynamite
cartridge and q cap, Of course. 1 do not mean
- say that you could not get an explosion out
o. Well. I mean in its ordinary condition?
A. In its ordinary condition l consider it in
Z. Well, then. how do you account for its
explosion
4 Well. believe that it was case Of foul
play.
O Well. give the reasons for your belief. II
you have any.
A. Well, Just before the second explosion.
about z 80 IN the morning, piece Of miners
tuse about five feet long was found in the de-
POSTUM CEREAL. +