davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1904-07-19
EXCLUSION BAR
MADE STRONGER
Secretary Metcalf's First
Decision Construes Rights
of Native Born Chinese
EVIDENCE DISBELIEVED
Declares 1t to Be Usual
Stereotyped Case of Two
Men Coached to Perjury

United States Immigrant Commis-
sioner North received by mail yester-
day decision from the Department Of
Commerce and Labor dismissing the
appeal Of Yee Ching Ton from the
judgment of Mr. North denying him
a landing. Yee arrived on the steam
ship Doric on May Il of this year, and
claimed to be native of the United
States. The decision as promulgated
by Secretary Metcalf will render it
very difficult for a Chinese immigrant
to prove that he was born in the
United States. The following is the
text of the decision:
This record presents the usual stereotyped
conditions OF such cases. Two witnesses tes-
tify with remarkable consistency as TO the
fact and date Of appellants birth in this
country. as TO the time of his alleged depar-
ture for China with his parents and as to his
identity With the person who II is claimed was
porn, under the circumstances narrated
twenty-siX years ago. Neither of the witnesses
displays any knowledge Of events contem-
poraneous with the alleged date of birth, nor
do they show any reason for displaying such
a remarkab Bile eXactness of memory in regard
to such remote event and one in which 1t
does not appear that they had any personal
interest. The only reasonable explanation that
the department discover lies in the fact
years, been to China, have there met the
father of appellant discussed the subject, of
the latter's birth in the United States and
thus acquired this precise information which
IT is contrary to all reason TO assume that
they could have obtained solely from their rec
objection.
1t is there certain contradictions
upon comparatively irrelevant points but this
alone would not Justify the rejection of the
evidence unworthy of credence. Such
lection. however, is justified upon the broader
grounds already sta ted. If the department were
to accept as proof of the claims made such
testimony as that contained in this record it
can see no reason why. by the exercise of a
little ingenuity, any Chinese person in the
twenties may not both secure admission TO the
United States, but. well. establish his stand
ing as an American citizen. Without assigning
further reasons the department dismisses the
appeal although ii believes that such a case
where child is born Of alien parents already
having offspring in their home abroad. and
leaving shortly after the birth of such child
for permanent residence in their own home.
and where the child born in the United
States waits until he is 26 years of age, es-
tabishes himself in his own country and mar
ries before he attempts to claim his birthright.
is not within the reasoning upon which the
Supreme Court reached its decision In the
Wong Kim Ark case. This point ii is not
necessary to elaborate, the evidence being in
sufficient and incredible regards the birth
of appellant in the United States.
The appeal is accordingly dismissed .
The San Francisco call., 1904-07-19
Oil Company Must Pay Taxes.

The Supreme Court decided yester-
day that the Bakersfield and Fresno
Oil Company must pay taxes on land
obtained from the Government as a
mineral claim. The corporation leased
the property to several oil companies
The argument against taxation was
based on the plea that the land was
still Government property, as it had
not been fully proved up, or that the
lessees should be made to pay the
taxes in case there was assessable real
estate. The court holds that the cor
poration's rights in the land consti-
tute property in the meaning of the
law
The San Francisco call., 1904-07-19
MRS. UMLAND SUFFERS
FROM HUSBANDS ACTS
Wife Alleges Cruelty as Grounds for
Divorce-Other Divorces Granted
or Applied For.

DivOrce-Other Divorces Granted
or Applied For.
The acts of cruelty alleged by Mary
Katherine Umland in suit for di-
vorce against her husband William are
more than the mistreated wife is COM
monty called upon to relate. The first
paragraph of the document has to do
with the results of his dissolute life.
by which she was made a physical
sufferer. In addition thereto he is said
to have beaten her, pulled her hair and
abused her with vile epithets. She de-
clares that he owns property on Sixth
avenue near A street worth $4,000 and
a grocery and saloon business at 81
Franklin avenue worth $12OO, and that
he has an income of more than 500
a month. She asks for SIS a month ali
mony for the support of herself and
two children.
Judge Kerrigan, upon application Of
Laura Spohn, signed an order for the
taking of the testimony of Julia Long.
Mrs. Spohn apparently contemplates
an action for divorce against her huS-
band, Charles Spohn. She AYERS that
she is contemplating a suit against him
and that Julia Long is able to give evil
dence of Charles cruelty. Not only
has Mrs. Spohn, according to her ale
cations, been cruelty struck and beat
en-, but Spohn took all of their COM
munity money, amounting to\ $1,000.
Divorces were granted yesterday by
Judge Kerrigan to Violet O'Neil against
James O'NeiI for failure to provide; by
Judge Trout to Mary L. Delany from
Joseph Delany. habitual intemperance;
Eva Sohr from Arnold Sohr, desertion.
Suits for divorce were filed yesterday
by John H. Musgrove against Emma
Musgrove, intemperance; George P.
HetzeI against Freda Hetzel, intemper-
ance; Eugene O'Hare against Kathleen
O'Hare, intemperance; Helen ]. Peters
against Prentice c. Peters, neglect.
The San Francisco call., 1904-07-19
GDOSTER Is BOOKED ON
A CHARGE OF MURDER
Another Witness Comes Forward and
Makes Statement That He Saw
the Fatal Blow Struck.

Wilford st. c. Gloster was booked
at the City Prison yesterday on a
charge of murder in connection with
the death OF J. A. Funk from a frac-
tured skull.
Yesterday morning II. /. Carney.
telegraph operator, who was with
Gloster, Funk and Harry Keppler on
Sunday morning. called upon Captain
Martin and made a statement He
said that when they reached Kearny
and Post streets he left them to 90
back toward Market street and when
he was about fifteen feet away he
turned around and saw Gloster strike
Funk, who fell TO the sidewalk He
feared notoriety and continued his
walk toward Market street. He also
said that Gloster and Funk had trou-
bic in restaurant, then in the Rich
elieu saloon, about something that
had happened in a house on Ellis
street about two weeks ago.
Carney's statement corroborates
that of Harry Keppler and those of
Ar. and Mrs. Walter Clark.
The San Francisco call., 1904-07-19
POLICE LOCATE
THUG COUCHER
Last of Gang Implicated in
Murder of Policeman Rob-
inson in saltwater Jail
IDENTIFY PHOTOGRAPH
When His Term Expires on
March 10 Next He VIII Be
Brought Here for Trial

Ever since the murder OF Policeman
Eugene c. Robinson at Sixteenth and
Valencia streets on the morning OF
January 21. 1902. the police have been
keeping up a dogged and determined
search for Allen Goucher alias Kid
Goucher. one Of the crooks implicated
in the crime. He disappeared immedi-
ately after the murder and all efforts
to get a clew to his whereabouts failed
till few weeks ago. when Chief Witt
man received information that a young
man answering Goucher's description
was an inmate of the State peniten-
tiary at Saltwater. MINI
The Chief at once wrote to Warden
Henry Wolfer inclosing a photograph
OF Goucher. Yesterday the Chief re-
ceived a reply from the Warden in
closing a photograph Of Roy Williams.
one of the convicts, who was serving
a term for grand larceny committed in
Jackson County. MINI, on December
IS, 1902. His sentence expires on March
19 1905. The Chief is satisfied that Roy
Williams is kid" Goucher and on the
expiration OF the sentence GoUcher
will be brought here to stand his trial
on the charge Of murder.
There were six crooks implicated IN
the murder Of Robinson. Frank Woods.
alias est. Louis Frank" was arrested
in Portland, Ore. was tried and con-
victed of murder in the first degree and
sentenced to be hanged The case Is
pending on appeal in the Supreme
Court. William Kaufman, alias "St-
Louis Fat" was arrested IN Port Ar
thur. Canada, was tried and convicted
of murder in the second degree and
sentenced to serve twenty-five years in
San Quentin. John Courtney, alias
''Leadville Jimmie was arrested in
Tracy. Cal. pleaded guilty to a charge
of manslaughter and was sentenced TO
serve six years in San Quentin will
liam b Kennedy, alias yellow" was
arrested in Grants Pass, Ore, was tried
and convicted of murder in the second
degree, was granted a new trial by the
Supreme Court. was released from Gus
tody by Judge Cook and is now waiting
trial before Judge Lawlor on a new
indictment. William H. Henderson
turned States evidence, was allowed
to plead guilty to manslaughter, but
has not yet been sentenced owing to
the Supreme Courts not having rem
dered q decision on the Woods ap-
peal Henderson was arrested at the
time by Policeman Taylor.
The San Francisco call., 1904-07-19
Charges Lawyer with Fraud.

A charge of fraudulent testimony
was made yesterday in the Superior
Court against H. Digby johnson,
LID, and Louisa H. Kimball by
August Belfrage, against whom a
judgment was rendered in the Justices
court. Belfrage alleges he was sued by
Louisa Kimball and that Johnson, her
attorney, said he had served Belfrage
with summons in the case. Belfrage
declares that the statement is false;
that he was never served with sum-
mons. He asks that the judgment be
annulled.
The San Francisco call., 1904-07-19
RETROACTIVE EVIDENCE.

Dr. Whitney was called, but the pros
ecution objected to his testimony as he
did not attend the defendant at the
time the alleged fraudulent transac-
tions took place. During the argu-
ment as TO the admissiblity of his
testimony the jury was excused. At
torneys Ach, Dunno and Shortridge
cOntended that DR.. Whitney could prove
by the defendants present physical
condition that he was not able to at
tend TO the business Of the firm at the
time the deal with Beck was made.
The prosecution, on the other hand,
argued that as fifteen months has
elapsed such evidence would not be
competent
At the conclusion Of the arguments
Judge Lawlor took the matter under
adVisement and announced that the
case would be called at $3.50 this morn
ing and that a session would be held
this evening.
The San Francisco call., 1904-07-19
DALzIEL GETS
COLD SHOULDER
Humane Society Refuses to
Re-elect a Once Honored
Member for Trusteeship
ACTION is A SURPRISE
Rebul1ed Director, Requested
to Be Present at Annual
Meeting, Is Then 0usted

The Humane Society gave DR.. l. B.
Dalziel a surprise when he appeared
at the annual meeting yesterday, when
he was dropped from the board of
trustees. The veterinary felt very
much hurt about it and made short
speech to that effect before the as
sembled members. The slight was put
upon him because he testified in op-
position to the organizations wishes
in a court case several months ago.
As a general thing. death is the only
occasion for the election of new MEM
bers to the board of trustees. The an
nual nominations and elections are cut
and dried affairs, the result of which
can usually be told onhand a year in
advance. The monotony was broken
yesterday.
Some time ago Secretary Holbrook
arrested the drivers of several fash
ionable rigs for using burr bits.
Bristles were used in some instances
and tacks in others. Convictions in all
of the cases were secured in the Police
courts Subsequently Secretary Hol-
brook went to Sacramento and secured
the passage of law by the Legisla-
ture forbidding the use of burr bits
of any description.
DR.. Dalziel had been summoned by
the defense in one of the cases where
tacks were used in the bits and tes-
titled that in his opinion the device
was not cruel. other members of the
society thought the veterinary ought
TO know that sticking the business end
Of a tack into horse might cause
the animal pain and they were con-
sequently incensed at his testimony.
Accordingly the nominating COM
mittee in making out the list of can
didates for the board of trustees yes
terday. just A few minutes before the
annual meeting. omitted the name of
Dalziel. The slighted member. who is
also a director, might have named an
opposition ticket, but he did not find
the three seconds of time allowed suf-
ficient.
The finances of the society are in
excellent condition. The sum of
S664S OF was expended during the
year and a cash balance of S15,3S6 so,
some Spring Valley Company and gas
company stock remain in the treas
ury. The number of animals involved
in the years work was 6379, of which
1894 were afforded relief.
The trustees are: John Partridge,
J. S. Hutchinson, A. L. Lissak, Z. P.
Head, II. S. Holmes, Martin Stevens,
H. w. Thorp, Captain j. NJ. Mcdonald.
G. NJ. Mitchell, G. D. Shadburne. DIR.
c. B. Currier. J. H. Duncan, Henry
Peters, @. A. Smith, A. r. Fredericks.
The San Francisco call., 1904-07-19
Ranch Sale Confrned.

Since the first sale of the valuable
property Of the estate of Jose Guardi-
ola. the disposal Of the ranch in Placer
County has been bone Of contention
In the courts. At first the land was
sold for $1,000. but showing was made
that it had been assessed for $4,000
and Judge Trout would not approve
the sale. Then bid of $1,000 was made
in open court and action on it was
deferred. Yesterday 1t appeared that
9. II. Wright was willing to pay $4,000
for the property and Judge Trout or
dered that the sale to him be confirmed
The San Francisco call., 1904-07-19
Funeral OF Turner schultes.

Turner Schultes, lately of the
Wholesalers and Retailers Review of
this city, but formerly well known
San Jose hotel proprietor, was buried
at Cypress Lawn Cemetery yesterday.
The funeral took place from the resi-
dence of j. B. Garland, his brother
in-law. Mr.. Schultes died from in
juries received in a runaway at Napa
a few days ago. He was a prominent
Eagle and a popular man in business
circles. A widow survives him.
The San Francisco call., 1904-07-19
CONTRACTS ARE AWARDED
FOR INDIAN SUPPLIES
Sell Goods TO Government at
Small Margins.

Another lot of awards of contracts
to supply the Indians was given out
by Indian Commissioner Jones yester-
day. The awards were all in the tin
ware and stampedware schedules The
awards in the large class of hardware
Will be made some day this week and
also, probably, in the glass, oils and
paints schedule. Great interest is man
ifested in the awards. Representatives
OF large commercial houses go daily
to the warehouse of the Indian sup
plies on Washington street to acquaint
themselves with the details The con-
tracts awarded yesterday went to the
parties and at the prices mentioned in
the following:
Wash boilers, Joseph sloss. soc; water buck
cts galvanized iron, Joseph Sloss 25c: kero-
sene cans A. A. Watkins 81 5O milk cans.
Andrew Carrigan, 81 At; coffee boilers at 15c
23c Soc, coffee mills at 29c and 55c all IN
tin cups. 4Sc and 95c, Andrew Carrigan; water
dippers, Joseph sioss, csc; tunnels A. A.
steel kettles at 81, 81 80. 81 rs to John F.
Merrill; water pals at 29c, SIC and pans at
BE isc and 22c TO Joseph sIoss; dish pans.
81 50; fry pans, Joseph sloss, 11%c;, tin pans
at 3sc pic I5c 9sc and 81 13 to Andrew Car
risan; tin plates, S2c. John f. Merrill; tin
plates, Andrew Carrgap, 25c and also scoops
at lsc; grocers scoops at 1sc: timers
shears at 81 and 81 % to John F. Merrill;
solder at is 1-5c and soldering irons at 1870
TO joseph Sloss; basting spoons at 60c, An
drew Carrigan; table spoons at 1910 and &C.
Joseph Sloss; milk strainers. John F. Merrill,
12c; vegetable strainers at lie and tin teapots
at acc. Andrew Carrigan; sheet tin at So so and
50 so to John F. Merrill. 12x12 and 14x20
inches; sheet tin, S6 75 81 %, $13 so and 50 25
to A. A. Watkins; sheet tin 14x30 to John F.
Merrill Sc rs; boiler sheet tin 14x64 inches,
H. B. Lyford $50 so; stamped tin wash ba-
sins, Andrew Carrigan, 79c; galvanized iron
washtubs 42c; galvanized iron washtubs, Jo-
seph Sloss. acc; galvanized iron washtubs 2315
inches in diameter. John F. Merrill Sac; sheet
zinc, A. A. Watkins 7%c.
The San Francisco call., 1904-07-19
ON JULY "a

There Will Begin in The Sunday
Call Magazine
A new series of the famous Mr.. DooIey
articles. Finley Peter Dunno, the
creator of Mr.. DoOley, is under an ex-
elusive contract with McClure's, and
The Call, in the face of keenest bid
ding on the part of other large news
papers on the coast, has secured the
sole right to publish these articles
north of Los Angeles.
The San Francisco call., 1904-07-19
PIONEER LAWYER DIES.
Aged Julius c. McCeney Summoned
While Seated at His Desk.


About the hour of noon yesterday
Julius C. McCeney, a pioneer of the
California bar, was stricken by death
in the rooms he had occupied for
twenty-three years at 419 California
street. No friend was near him when
the summons came, but it was just
as well. The attitude of his body,
when it was found shortly after 1
o'clock, showed that he had passed
from life as though beckoned into
sleep.
w. L. Bromley, a friend, called to
pay the venerable lawyer visit and
found that death had preceded him.
He informed the authorities and the
Society of California Pioneers, of
which the deceased was member. AS
it was evident that death was due to
heart disease, the body was not re-
moved to the Morgue, but, at the d.
rection of ". L. Duncan, marshal of
the Pioneers, an undertaken took
charge of the remains. The funeral
will be held tomorrow morning at IL
o'clock from the rooms of the-Pioneer
Society.
Julius c. McCenery was "A years of
age, He arrived in the port of San
francisco in July of 1849 on the ship
Jane Parker, an around-the-Horn pas
sengeP vessel. He soon became asso-
ciated with the firm of Dali & Austin,
commission men, whose place Of busi-
ness was at Leidesdorff and Sacra-
mento streets. In 1854 he left the firm
and went to Harvard, where he took a
course in law. Returning to this city
In 1858, he began the practice of law
and when death found him he was
seated in his chair before his books
and briefs.
His most important work here was
The San Francisco call., 1904-07-19

as counsel in the litigation over the
estate of which the Russ House was
the principal holding. He accumu-
lated some property and 1t is said that
his estate probably is worth $4,000.
He leaves no immediate relatives.
The San Francisco call., 1904-07-19
ADVERTISEMENTS.
Pears

To keep the skin clean
is to wash the execretions
from it off ; the skin takes
care Of itself inside, if not
blocked outside.
To wash it often and
clean, without doing any
sort of violence to it re-
quires a most gentle soap.
a soap with no free alkali
in it.
Pears, the soap that
clears but not excoriates.
Sold all over the world.
The San Francisco call., 1904-07-19
A Chance to visit Del Monte.

Hotel Del Monte is one Of the show places
Of the world. First-class tickets between San
Francisco and Los Angeles. either way with
two days entertainment at this great hotel,
only $22 90; children's rate $14 So Privilege
OF thirty days stopover. Ask Southern Pa
The San Francisco call., 1904-07-19
TO MAKE AMMUNITION ON
LARGE SCALE IN CANADA
Sir william Armstrong Has Contract
to Establish Factory OF Huge
Capacity at Ottawa.

OTTAWA, Ont. July 18-Sir Fred
erick Borden.J Minister Of Militia, has
under way a contract with the Eng
Iish firm of which Sir William Arm
strong is head, for the construction Of
an ammunition factory in Ottawa,
capable of turning out twenty million
rounds of ammunition year.
The San Francisco call., 1904-07-19
use ILLNESS
As A DEFENSE
Attorneys for Jacob Eppin-
ger Say He Was Unable
to Conduct Firms Affairs
J0SUA CONTRADICTED
Colonel Beck Testifies That
He Discussed Only Wheat
Loans With the Defendant

Counsel for the defense in the case
Of Jacob Eppinger yesterday afternoon
made Z strong plea TO have testimony
as 10 the former grain kings present
physical condition introduced in evi-
dence. arguing that by this means it
could be proved that when the al
legged fraudulent deals were made Ep-
pinger was not capable of conducting
the affairs OF the concern. The prose
cutiOn argued, on the other hand, that
this evidence would prove nothing, but
was being introduced simply TO inhu
ence the minds of the jurors and work
on their sympathies. During the day
Colonel F. z. Beck. manager of the
International Banking Corporation,
was recalled 10 the stand and fatty
contraoicted Josua EpDinger. who
last Friday testified that he had dis
cussed the subject OF loans with Beck.
Colonel Beck asserted positively that
no such conversation had ever taken
place and that his talk with Josua
had related solely 10 the collection of
money on an insurance policy and the
purchase of bills Of exchange.
Josua Eppinger was the first wit
ness called yesterday morning and ne
was again questioned as TO his method
OF making out the list Of assets of the
firm prior 10 April Il. 1903, when the
loan was negotiated with Colonel
Beck He could give no lucid expla-
nation Of the sudden increase in the
value Of certain pieces Of property.
Tor could he explain why in some
cases he used the book values as
shown by the ledger and in other in
Stances jotted down the original cost.
IS. for instance, in the case of the
Dixon. property which was rated in
the ledger at $4,000. but valued by
Josua AT $4,000.
JUST HAPPENED TO FORGET.
To a series of questions asked by
Attorney Campbell the only reply of
the witness after much deliberation
and rereading Of questions was, 4
don I know" He did not know wheth-
er the assets Of the firm could be told
from the books; he did not know how
many of the bills receiva bic figuring
IN his list were outlawed by the stat
ute Of limitations, and he did not
know how much cash. if any was on
hand. He had just happened TO for
get the cash.
Al TINS point the witness did remen1-
Der one thing-he had on one occasion
negotiated a loan with the London,
Paris and American Bank and also a
loan with Mr.. Cohn Last week he
sWore that he had never negotiated
any loans with any bank.
Josua testified that Colonel Beck
had never mentioned the loaning of
money on California wheat until April
10, 1909, and at that time Colonel Beck
said he had already mentioned the
subject 10 Jacob Eppinger.
Colonel Beck was next called to the
stand and asked:
Did you ever have any conversa-
ton with JOsua Eppinger on the sub
5ect Of lOaning money on California
nheat?"
No, sir, - he answered.
Did you ever have any conversation
with any member Of the firm aside
from Jacob EpDinger on the subject Of
loaning money on wheat?"
Positively not"
The San Francisco call., 1904-07-19

MRS. LIPPE INSANE.-Mrs A. p. Lippe
after an examination by Drs. McGettigan and
Rethers, experts on mental disease, was COM
mtted yesterday by Superior Judge Frank Ker-
rigan to the State Hospital for the Insane at
Agnews.
The San Francisco call., 1904-07-19

Your wedding invitations should be made by
Edward Knowles Company. "a Second st.
The San Francisco call., 1904-07-19
SITUATION WANTED

SITUATION WANTED - AS general
manager sales manager in the purchase or
sales department of progressive nlantlf sctrfr,sg
wholesale or mining company by OF abil-
ity, formerly president Of several large manu-
featuring companies and a railroad: 80 years OF
age. temperate and hustler. objections to
position outside Of the United States; an open-
ing where brains and energy will be rewarded
Is desired Address for ten days FRANK "A
UMSTED. room PAT. Hotel Albany. Denver Colo
The San Francisco call., 1904-07-19

DE-. N. u. Schord, Dentist-Now located
n Grant building, 1895 Market ST. cor. 7th. .
The San Francisco call., 1904-07-19

Ye Olde English Inn,
IA Mason st. Just one trial at Babs &
Jules. That's all.