Oakland Tribune from Oakland, California • Page 21

SSWORk TO TRY-BE' LANCEY UROR Exciiaoivo ProoG Senloo Ci(WQd(jyjj 'JlFATHFR Cloudy tonight and Thursday, possibly VCxJ-av. showers; light southerly winds. OAKLAND. CALIFORNIA. WEDNESDAY EVENING, OCTOBER 20, 1909.

18 PAGES VOL. LXXII. NO. 61. rn I nrr JIM LM UNA Li -n-.

-fl DOG STRIVES IGHT "VISITS S000 LITTLE ONES SUMO SONG CHILDREN ADD HE LICE! IS OF DON DE PORTOLA TRIBUTE CONFIDENT TO PREfEi! flGTI'S RESCUE UN HONOR Photoe-raDh of Two Little 'f 'f cXc A'S-- 4 Chinese Children Who Participated With 5000 White Children in the Portola, Celebration at Union Square Park, San Francisco, This Morning. A Chinese Photographer: for a Chinese Daily Newspaper in San Francisco Kindly Posed These Two Little Tots for THE TRIBUNE Photographer. JURY WILL Relies Absolutely, He Says, on Counsel and Assumes Cheerful Air WATCHES CAREFULLY EMPANELLING OF JURY One Talesman Excused By Consent of Lawyers for Both Sides Six Jurors Sworn To Try De Lancey Six jurors were accepted by pposing counsel at 2 o'clock this afternoon in Superior Judge Brown's court and were sworn in to try the case igainst John S. De Lancey. They are as follows: i H.

A. ARNOLD, retired steel manufacturer, 2040 San ose avenue, Alameda. DANIEL CROWLEY, master plumber, 599 Sycamore street. Oakland. JOSEPH DAVIS, fuel merchant, 2040 University ave nue, Berkeley.

EDWARD C. COLE, hard-ware merchant, 1309 Spruce street, Berkeley. THOMAS P. HUliAN, lumber dealer, 948 Oak street, Oakland. ANTHONY BRAY, mining man, JL128 East Fourteenth jstreet, uaKiana.

Eittlng between and directly behind Attorney Chapman On the left and Attorney Frick to the right. John S. De Lancey is watching the work of empaneling the Jury that is to try him for the alleged embezzlement of $10,000 from the George Hite Cook estate with keen interest in the criminal department of the Superior Withal, however, he affects an air of cheerfulness that Is a9 marked as his Implicit confidence in the ability of his counsel to clear him of the alleged crime for which he has been brought to trial. That the accused attorney has completely resigned his case to his lawyers was indicated by the answer he made this to a question put to him by a representative of THE TRIBUNE as to bis line of defense. LOOKS FOR ACQUITTAL! "You know as much about that as I do," he rtplied.

"As a matter of fact I have never discussed my defense with my lawyers and on the other hand they huve never indicated to me what they intend to do. have such entire: confidence in their pbillty smd Judgment that I hnve never concerned myself about their plans. You will notice that I never consult with them in court nor do I intend to. I am innocent of the crime for which 1 have been indicted and I am sure that when my case is presented that will be the verdict of. the jury.

My lawyers are Just as confident of the outcome as I ztm cnd in the face of this I don't know of anjr reascn why I should woriy particularly-over the outcome of my trial." CONVENES EARLIER. Judge Brown convened today's session of court at o'clock, half an lour earlier than usual. In order to expedite the task of Jury getting. The lawyers had hardly settled down In earnest to their work, when the court interrupted them to get their opinion as to when they wculd be ready to rroceed with the testimony. "There Is no need of keeping witnesses here and waiting their tlmo when they art? riot needed," Judge Brown sill.

would suggest, your honor' remarked Assistant District Attorney AGJUIT GIIESIIFE DIVORCE Millionaire Work's Daughter Secures Freedom From Horseman TWO NEW YORK WOMEN NAMED IN THE ACTION Austrian Has Suits Pending for Damages Against the Capitalist NEW YORK, Oct. 20. Mrs. Frances Burke-Roche-Batonyi was granted an absolute divorce today from Aurel Bat the Austrian: horseman. The verdict will have to be confirmed by the Judge before a decr-se will be granted.

This verdict follows upon two years of charge and counter charge between the daughter of Frank Work, the New Tork millionaire and Batonyi, who has been associated with wealthy horse, fanciers since, he came to this country In 1S93. ALLEGED UNFAITHFULNESS. Mrs. Batonyi sued for divorce on statutory grounds, first-alleging at least ten instances of unfaithfulness. At the trial, however, she withdrew all but two charges therein involving her husoarid with two New York women.

I A long night ride, in a taxicab with one of the women and a night spent in the apartment of another were the allegations behind the charges. MET ON COACHING TRIP. It was during a coaching trip on the box of the public coach "Good Times" that Batonyi met Mrs. Burke-Roche, then (Jivorced from her first husband. r.n English public man of some note.

A brief courtship ended in August, J905, in their marriage. A year later the news was bro'-cen to Frank Work. The aged millionaire flew into a passion, it Is said, and, Batcnyl alleges, threatened that unless his daughter began steps to free herself from the uncin he would disinherit her. ACTIONS BEGUN. Soon afterward an action for divorce was begun by Mrs.

Batonyi. The husband retaliated by bringing a counter suit In which he. named eleven co-respondents. He also sued. his wife's father, her sister and her brother-in-law.

her cousin and Mr. Work's confidential secretary claiming damages aggregating $1,500,000 for the alienation of his wife's affections. These actions are pending. Promised Bride Sits at His Rier AU.iMi.UA, Oct. 20.

In the home of the promised bride, and on the same day on which the marriage ceremony was to have been performed. Mary Pond sat beside the bier of Edward Jones, her fiance today, while the Rev. Dr. C. W.

Pond, her grandfather, who was to have pronounced the marriage service, delivered the funeral oration. Jones met his death under the wheels of a cattle train at Goshen, the accident occurring Just two days before that set, for his marriage to Mary Pond, a prominent society girl. Miss Popd requested that the funeral be held from her home. family of Mr Jonos. residing r.t California street, San Francisco, accrued to the request At the services at 2 p.

m. todav the Knickerbocker quartet snng the requierr and besides the pall bearers, chbsen from Mr. Jones' personal friends, the relatives of the decedent and t.ie young woman none attended the services. They were held in the strictest privacy. So also was the Interment at Mountain View cemetery.

Tha pall -hearers were: Edward Dodge, E. H. Ernest Porter, Russell Field, Edwin Otis and Dr. Chauncey Pond. TRAINING OLASS FOR SUNDAY SCHOOL LEADERS Under the auspices of the Oakland Graded Union, a training class for Sunday School teachers, will be formed, and the first lesslon will take place tomorrow at 2:30 p.

in the primary room of the First Presbyterian Church. "Training for service" will be the text used Ly Herbert Moninger at the first meeting. Mrs. MacFadyen will give tha in the series of missionary talks. SIGHT-SEER LOSES COIN.

SAN FRANCISCO, Oct. 20. F. Woodin of 2970 Pine street, went cut to see the sights last night, scraped t.n acquaintance with several men. lost consciousness and awoke at 9 o'clock this morning to find himself in a room at 130 Kddy street, with- all his money and jewelry gone.

He supposed that he was drugged by knockout drops placed In hl liquor, but the robbers cleaned him entirely, taking a cold collar button and hla silver sleeve link. Walter SONG TO FETE Five Thousand Voices Burst Forth in Patriotic Airs at Union Square THUNDEROUS CHEERING GREETS SCHOOL PUPILS Second Day of Portola Festi-; val in City is Rather Quiet One SAN FRANCISCO, Oct. 20. Historical Union Square, the scene of so many a grand celebration, was thronged with thousands of people this morning, imbued with the Portola spirit, who had come out i to show their appreciation of the tremendous volume of singing which burst forth from t.ie throats of the five thousand school chlldren: of this city, who thus lent tholr part Jin the magnificent celebration. "The Stars and Stripes Forever" coming from the throats of so many litt'e ones and ringing forth in patriotic fervor, could not fail to stir the hearts of ail those who listened, and was a source of great pleasure to the committee wio had carefully planned this feature of the festivities.

THUNDERING APPLAUSE. Miss Estelle Carpenter, who has been drilling the youngsters who represent naif a hundred schools In this community, was the recipient of the hand claps and cheers of the immense audience at the conclusion of the first song. She repeated it after' the rendition of the "Sextette From Lucia," and when "Columbia, the Gem of the Ocean," was and the thousands of colored handkerchiefs forming the gigantic American flag- were "waved, the excitement of the multitude knew no bound. They thundered forth their applause and a repetition of the gong was necessary. The various dignitaries attendant upon the celebration were present and ex pressed themselves in loud terms of praise for the work of San Francisco's younger generation.

ATHLETIC SPORTS. The various athletic sports planned for the celebration began this afternoon with a tennis match on the courts at Golden Gate Park and other games on the stadium, all of which were largely and well received by the Portola visitors. The streets of tho city are crammed, Jammed full of a sight-seeing crowd of enthusiastlo suburbanites and country cousins of Sari Francisco visiting the metropolis, and all of the stores and sight-seeing trips of interest have been patronized to their titmost capacities. At 'exactly 10 o'clock Miss Estelle Carpenter, who has drilled the children, took her place In the stand, the band struck up the first strains of the national anthem and in splendid time the children sent the music bottled up in their hearts and in their lungs soaring. In the center ol the grandstand were a band of little Chinese children dressed in the costume of their own land, little dark-skinned blossoms, in their delicately tinted eoats, with the sun gleaming on the back coils of hair.

I IN SPANISH COSTUMES. On either side of them, the length of the grandstand, were girls dressed in Spanish costumes, the red and yellow of early California. Flanked in back' to the very top seat were boys and girls of every nationality, the most cosmopolitan tiand of children ever put together in any city In the land. I ALL NATIONS PRESENT. Next to a little, dark-eyod Italian sat a sunny-haired maiden with blue eyes, whose features proclaimed her German once' removed.

Behind her was a boy, a regular kid boy, with little, turned-lip nose, and a mouth that proclaimed him an American-born son of the Emerald Isle. So they were, tiiv upon tier, a truly San Franciscan band. SING AND WAVE FLAGS. When they sang of the American flag they waved streamers of red, and white and i blue, and the colors were so arranged as to form a flag. When San Francisco and Portola was the burden of their song they waved ribbons of red and yellow, and one tune after another rang out with never so much as a halt.

"San Francisco, San Francisco. "Now and ever. San Francisco." Run the refrain, to the tune of "Boola Booln," Hnd this tune seemed to pl'-asn them most. Th-jy sang It with the real enthusiasm that' belongs to children: th- greatest enthusiasm of a lifetime. When the officers came they sang it, and when the Qiwn came their voices lifted the words and flung them far.

As she turned her horses to face them they pelted with blossoms, 5000 bunches all falling at once. It was a sight to remember. FALLS BEFORE WAGON; -j MAN'S ARM IS BROKEN ALAMEDA. Oct. 20.

Paridi of IvOrenzo was run c.own and b-idlv injured at Park street and Clement this morning by a 1 wo-hore (cam. -id! started to cross thi- rtrcet when looked up biio saw iii- n-am nearing flown on him. He started to run back but slipped and fell right in the path of the horses. The heavy wagon passed over his right arm and dislocalcd his elbow. He was taken to the White Cross Hospital, where Dr.

Emmet Clark dressed his Injury. Paridi was enabled to take the car for his home aXUx a few hours In the hoe- Wanders for Three Days or Hot Sands Without Bit' of Food DEEP MYSTERY SHROUDS REASON FOR HER AC! Taken to Hospital at Rene Where She Remains Near to Death RENO, Oct. 20. Wan. dering on the hot sands of th desert, without food for thret days, and with a collie dog foi her solitary companion, Mrs Jane Fenton, aged 50 years, was saved from starvation yesterdaj afternoon by a party of miners It was with the greatest dif ficulty that the men were sbh to approach the woman anc bring her to civilization, for th dog refused to leave her side anc savap-ely attacked the rescuers.

Brought to this cilv todav, the woma was taken to a hospital, where she 1 being given every attention, but so wea is she from her fast and exposure thn her recovery is doubtful. She is in demented state and in her ravings de clares that she ivc.nt upon the desei four days ago purposelv to fast. SHROUDED IN MYSTERY. Much mystery, however, surrounds hr case. Despite the fact that, in one her lucid moments she gave her nam and further stated that she lived in Rem her street residence cannot be found nc can the authorities locate her relative: The woman was first seen wanderin on the desert about noon yesterday, ac companied by a collie dog.

Her peculia actions aroused the interest of a part of miners working nearby and several them approached her. RESCUERS WARNED AWAY. Coming within hailing distance of th woman they were surprised to hear he warn them away, saying that she wisho to be, alone with her dog. Seeing that sh exhibited signs of dementia, the men at tempted to lead her to their camp. Thfn It was that the woman urge her canine companion" to attack her Tes cuers.

and both she and the dog bit an scratched the men. Overpowered by numbers, the woma and the dog were finally forced to desis and were brought to Manhattan late yea terdav afternoon. AUTHORITIES INVESTIGATE. There the woman gave the name Mrs. Jane Fenton and her residence a Reno.

Ijater she was brought to this city fo treatment. Meanwhile tha authorities ar conducting an inveatigation to fully es tablish the woman's identity and to de termlne. if possible, the real reason fo her appearance on the desert. Contracts Let for Y.M.CA. Building Contracts for various branches work on the new'Y.

M. C. A. buildlni now in the course of construction a the corner of Telegraph avenue am Twenty-first street, were awarded thi morning as follows: Plumbing, Wm. Snook Sons Erecting steel frames, C.

A. Blum Heating, Ventilating and Water, 11 W. Moffltt Elevators, Vai Emon Elevator Sidewalk light? Waterhouse Price; Masonry, llieoi Erhart Construction Electrica Work, Independent Electrical Cons Flick Schmidt Roofing and Sheet metal, Conlln i Roberts; Ornamental Metal, Calif Artistic Wire and Metal Plaster lng, Wm. Makin. Unable to Reform Spouse; Gets Divorce SAN FRANCISCO, Oct.

20. Testify that her husband beat her, tor he clothes from her back and abused he that she had to have him arrest Mrs Mamie Lefebvre appeared In Judg' Cabanlss' court this morning In connec tion with divorce proceedings agains1 Alfred Iefebvre. The latter is now serving a term in thi Jail, and his wife's thai she had given up all of reforming him, secured for her the decree. The couple were married November i3 1890. JUDGE QUINN WILL TALK AT QUARTERLY MEETING At 1ho quarterly meeting of tho mom' bere of the Oakland Chumbor of Coin- next Tuesday evening, O'-tobei 26th, among the speakers will be Mayoi MINISTER ADVISES won If! LOVE Tells Causes of Matrimonial Ship Wrecks ancf How to Avoid Them CHICAGO, Oct.

20. Matrimonial mishaps and how td avoid tiiem was the test of an address delivered before (the Klip Association, a woman's club, by Rev. Dr I Vaughan last night. A iout200 young women listened to the discourse and went to their homes! with some of fthe following epigrams to ponder over: i Marriage is the normal stat6, hut it Is no longer a necessary state. Women oftsn marry for a home, for or- because they wish to rhow some other woman that they can marry that particular man.

Learn to understand your husbands; men are transparent. Pretty girls are fcot in girls are. Toehold the love of your husbands kefp fooling them. Make them believe you are the angel they supposed you were before the wedding ceremony. STUDY QUESTION YEAR.

Women should lo---e their husbands imore than their children or parents; otherwise they will not be ideally happy. The minister's subject was "Matrimony," which he said he had studying for over a year and upon rhlch he felt competent to talk. Inasmuch aa he had circulated aueftions bearing ori tnat subject to his and had received over 200 answers. "The idea that a man ran liye cheaper after he is married than ho did before is fallacious and misleading-," said Mr. Vaughan.

"That is possible only when the candidate for matrimonial honors has spent' his income in riotous living, The single man who has been thriving will find that when he gets married he will be called upon to spend three times as much for living expenses as he did; before." I Death Summons Edward Donohue SAN FRANCISCO. Oct. 20. Edward Donohue, cashier of the Donohue-Kelly Bank and well and prominently known as a popular club man ofthis city, died this morning at the French Hospital. His end was expected and came as the result of a fractured skull received in an automobile accident at San Bruno on While "driving ner Uncls Totals cabin the steering gear gave way and the machine crashed into a post.

Donahue was taken to the French Hospital in. this city Immediately after tha accident and an operation performed on his skull t.y Dr. Beverle MacMcmagie. Notwithstanding the fact that Donohue died at 7 o'clock this morning, it was not until noon that a report of tho affair was made to the coroner. SUES FOR DIVORCE.

Margaret B. Ball has instituted proceedings in divorce against- Clinton C. Ball on grounds of desertion, The parties wore intermarried In Los i Angeles In March. 1904, and. they have one child, Marjorie Mabel, 4 years.

The plaintiff asks that the sum of $12.50 a month AUOieMaff-'Uia iUart Ui-hUd, SHEEHMI Gill I II YEAR TERI Former Deputy Constable of Brooklyn Township Sentenced on Old Charge David Sheehan, former deputy constable of Brooklyn township, who escaped from the county jail three weeks ago, after being arrested on a charge of using his star for the purpose of committing highway robbery, but was afterwards apprehended, was sentenced to two years in San Quentin by Judge Hughes of Sacramento this morning on a charge of beating his wife. Sheehan's offense, for which he must serve time, was committed in the capital city more than a year ago. He beat his wife so- torutally that she was under medical care for several weeks, during which time he was in custody. When the woman recovered, -however, she pleaded that the man be given another trial and Sheehan was put on probation. HIS RECENT OFFENSE.

Afterwards he came up here, where he served as a constable for several months. The second crime of which he is accused is alleged to have been committed on the Redwood roid near the home of Constable William Allen, in Fruitv.ile. The complaining witness was Earl M. Sproul. who accussed Sheehan of holding him up at the point of his revolver and robbing him of $77 in cash, after having placed him under arrest.

Sheehan was held in the county jail pending his trial and it was wnile he was being transferred from the office of the District Attorney to the county jail that he made his sensational break lor libertv. SENT TO SACRAMENTO. After his recapture it was decided to send him to Sacramento to answer for the crime of beating his wife and subsequently breaking bis probation, rather than prosecute him on the latter charge, and his sentence of two years is the result. Mrs. Sheohan is In Sacrament-), where she will stay during her husband's incarceration.

Bank Official Brought Into Court JVTADISOX. Oct. 20. Philip Allen, vice-president of tne First National Bank at Mineral Point. which failed recently, appeared before Fnited States Commissioner Elihe today charged with teh embfzzlement of of the bank's funds.

Commissioner' T-sWiko decided to fix ihe bail at $60,000. The preliminary hearing whs then continued until October 27th, and Allen was remanded to jail. His attorney had asked that bail be fixed at J40.000. Special Auction Sale, We have received instructions from A. Rigney and J.

Tarslt to sell their fine furniture, carpets, pianos, at public auction. Sale Friday, October 22, at 10:30 a. southeast corner Twelfth and Harrison streets. Oakland. Open for inspection -Thursday afternoon.

Comprising in part: One fine upright piano, one square piano, elegant odd rieces of parlor furniture, weathered oak amd mahogany book-cas s. davenports, lace, curtains. Brussels carpets, massive oak sideboard, dining tables, chairs, china clos-et. china sind glassware, plants. oark and maple odd dressers, chiffoniers, folding beds, bedroom suits, bedding.

Iron and ntrass beds, sewing machine, gas stoves, ranges, linoleum, etc. All must and will be Fold. J. A. WtTNRO Auctioneers.

1005-7-9 Clay Oakland- Telephone Oakland 4SU WIFE DIVORCED 1 i POLICEMAN Mrs. Frances M. Hall Given Custody of Children and $50 Alimony According to the testimony of Frances Hall, in the trial her case for divorce from Policeman Alfred J. Hall, their troubles began a few months after the marriage in Oakland on July '23, 1893. The wife testified that two years atro she had to leave iher spouse because of his cruelty towards her.

Three months afteif their wedding he threatened to drown ner in the bath tub. The incentive to the dispute culminating inj the threat was because the plaintiff desired to go to church and the husband demurred. On that occasion he; soaked her all ever with soap. She ran away to her mother for protection. He ftfemently called her vile names and on occasions threatened to shoot her with hi3 revolver, which at one time he held against her breast.

She also testified that he remained away frob horn? and; she found him at times in the various cafes about town drinking with WOMAN'S PHOTO. Another time he home with a photograph of a woman who had won a prize at the butchers' picnic, where he had been. He lost his position; on the police force at one time; for making false report as to where! I.ater he was reinstated. Again, according to the wife's story, lie was discharged from the department for stealing jan overcoat from a brother officfr named Fnderwood, which he fold to a policenjan named Woods. At another tim hej si.ipped her face and tore her waist into shreds.

threatened to sihoot a bullet hole through her "big enough to drive a wheelbarrow" and bought a bottle of vitrol which he said he irtt.hiled to use in disfiguring the plaintiff. Mrs. Etta Clyde, a isister of the wife, was present Hall threatened to drown his wife in the bath tub; slso when he said he would kill the baby if.it was christened in the Catholic faith. Judge Ellsworth, gave Judgment for the wife, awarding her the custody of the two children, Alfred J. Hall Jr.

and Myra, and an allowance of a month. Moors Repulsed By Spanish Troops Oct. Undr cover of darkness and during torrential downpour, the Moors furiously attached the SpEr.isli positions early tnday. fighting continued until daylight, when the enemy retired. Yesterday morning a forco of Riffs scattered a detachmerit of Spaniards, but was- routed and pursued by a column under the command pf the Infanta Don Carlos.

The Spanish lo6t twelve killed Including one The Moorish ioss was heavy. AGED WOMAN BADLY HURT. SAN" FRANCISCO, Oct. 20. While crossing the pavement at Sixth avenue and Clement street late last night.

Mrs. A. Dahl, aged sixty! years, resiling at fir! Point IvObos avenue, fell hemj foremost into an excavation. She was taken to the French hospitaj where It discovered that she was suffering from a possible fracture of the skull, which ow-tu; to her fe raaj reaiUi fif 11" Hynes, "that the wll tir.tll next Monday JRtrrm the progress vet Hynes, "that the witnesses be M-used morning. Judging 1 are makln? with iVe 1nrv I do not see now we can eom- pkH it before- then in view 'of the fact thut there will be no court tomorrow and Saturday is half-holiday." WITNESSES EXCUSED.

"We concur in that suggestion." said Attornev Chapman for the defense. "All witnesses In the case of the Feo-WPl-i against John S. De Lancey are ex-- cused from further attendance upon this court until next Tuesday morning." announced Judge Brown. "Don't you. mean Monday morning, your honor?" the Assistant District At-lamev asked.

"I man Tuesday morning, replied Judge Brown. "You. will find, gentlemen, that vou will not be ready to proceed with the testimony before that time. You hnve jiot passed a sufficient number of talesmen us vet to fill the Jury box and you must remember that you have the rieremDtorv challenges yet to dispose of. 1 think we are safe in letting the witnesses go until next Tuesday morning, it is SO TALESMAN IS LATE.

Talesman Mclntyre, who wai passed to Cantinued 0J3 Eage- 20. Frank K. Mott. who will talk on bond; and wliat thlr issuance means to thf Cit3" of Oakland and Judge JaiPi Quii who will speak on annexation. CHAMBER OF COMMERCE WILL CLOSE TOMQRROV; The Oakland Chamber of Commerce will be closed all day tomorrow, Thursday, October 21st, out of respect to the commtrclai organizations In San Fraa-.