Oakland Tribune from Oakland, California • Page 1

I ir Proco Cantoo VOL. LXIX OAKLAND CALIFORNIA. TUESDAY EVENING. MARCH 3. 1903.

lie. 12 -II 1 "I Ar.i r.0V SATISFIED DID NOT JiiLL r.lY SAYS SODERDERG ik lief Bs ties 1 101' JDIIII GOES SCOT FREE FOR EVIDENCE i Boy, Vrb Blew Up the House of Jdge Ogden, Did So From Terror. GH1GAG0 FEiSI BOMBSHELL 1rs. Livingston Gerry Who was Miss Cornelia Harri-man. livJ II REIGN OF ANARCHY Under section 26.

subdivision of the Penal Code. -Baby" John Martin cannot be prosecuted for complicity in the blowing up of the home of Judge Ogden or for any the other attempts at dynamiting made by Mrs. Martin and him. This subdivision reads: "Persona (unless the crime be punishable by death) who committed the act or made the omission charged under threats or menaces sufficient to show that His Suit Startles Prosecutors and They Will Be Put Through Rigid Examination. SODERDERG IS OF GERRY Nuptials of Railway Magnate's Daughter One of (he Most Brilliant in (lew York.

(BY ASSOCIATED PRESS.) NEW YORK. Tdarr-h 1 iSimm Cornelia Harriman. second daughter of Mr. and Mrs. E.

H. Harriman, was married at noon today to Robert IJvtngston Gerry. son of Commodore and Mrs. Elbridge Gerry of New Tork. The ceremony was MISS Willi llOi'J HMD EVLMID H.

Adds: 'I Thought Once "In my own mind 1 am now satis-fled I did not kill my mother." testified Erland H. Solerberg today during his trial before Judge Melyin for the murder of his mother. Sigrld Martha Soderberg. "I thmtght at one time thst'l might have done sp." he added. story is that lie was III a daxe from Saturday afternoon.

March 23. 1907. antil jthe next evenjrg. Mrs. Soderberg was killed.

in her home on street. Saturday evening, and her mutilated body was found In- a closet In the house Sunday. Soderberg was arrested the same day. Detectives Hodgklns and Flynn I have testified at the trial that he confessed to them that he. had hilled hii mother, and his signed confession this effect has been Introduced In evidence.

4 "How do ypu know you didn't-kill her?" Assistant strict Att6rney Hynes asked him today. "Detectives Convinced yMe." "From the relations bcjVeen myself and my mother," replied Soderberg. "I know that I couldnot have killed her He was confronted with coroner's Inquest, testified that he hi? testimony at fne in which he dk1 not know "hetne he bal mother or ant, and afterwards said (SPECIAL TO THE TRIBUNE.) SAN FRANCISCO. March 3.. It was as though a bomb shell had struck the camp of the prosecution when- tht news was received this morning of the suit filed by Ruef against the district attorney, special special detective and "Superior Judge Dunne for the purpose of recovering I4C59.95.

which the former boss paid for maintaining the house on Fillmore street, prior to his removal toj, the county Jail. More consternation will. It Is nald. be manifested when nubpnrnam are re. celved by the several members of the prosecution to repair on separate days to the offices of Attorney Henry Ach In the Vote building, and there give their deposltnons In the case under the questioning of M.

C. Chapman of Oakland, who has been specially retained by Ruef for this purpose. The will be extremely rigid, and will go Into all the facts of the private hotel maintained by order of Judge Dunne for keeping prisoner a man who had been -promised Immunity by the prosecution. Biggy. Then Dunne.

I Attorney Chapman says he will sift the affair to the bottom, and the program as now arranged will begin on Friday when William J. Biggy. chief of po lice, will be called upon to make affidavit! before notary Oustave Hart man as to Just what part he played In the Saturday has been set apart fof taking the testimony of 'Judge Dunne. Monday District Attorney Langdon will have his day. and unless the program la changed SprsVkels and Heney will follow respectively on Tuesday and Wednesday.

In addition to the questioning in connection with the money paid by Ruef since September 17, the witness I will be questioned retarding $9S3 St) nrcn lo, amount pain ny relurr's office for maintaining Ruef II' ZZr" mwi as. a a 1 iiv 1 si trr uaio was told that Judge Dunne would not longer authorise the bills and he must pay hlmsel for, go to the county Jail. Fifty Dollars a Day. It Is a notable fact that $50 a day was the cost of maintaining Ruef. whom Dunne knew all along waa not to be punished by the prosecution.

The cost of maintenance at the county Jail per day Is roughly estimated at twenty-one cents, seven cents of this being for food. Ia the itemised bill on file at the treasurer's ROBBERS TRY jat Grace Kpiscopsl Church and the wed was one of the most brilliant of tht I many notable events which have roarke. the marked Alleged Terrorists in Jail; Officials Are Aroused. COMPANION OF DEAD ANARCHIST ARRESTED (BY ASSOCIATED PRE88.) 'rHIi'AOO. Isidore Maron.

twenty year old. a Russian Jew known as "The Curly Haired Boy." companion of -the anarchist who was shot and killed yesterday in hi attempt to assassinate Chief Snippy, and who has been identified as- Lai-at us Averbuch. waa arrested today nt-ar Averbuch home by Detectives OVonnell and O'Brien of the Chiefs office. Matron Is the young; man who Is known by the police to have attended an anarchist meeting at Workman's Hall with Averburh last Punday night and who jls declared by the police to have been the slain assassin's most Intimate companion. Maron' and Averbuch wej-e together throughout the meeting and are said to have left the hall together after the meeting.

After bU arrest Maron was closely questioned. For a. time he refused to admit his Identity bu finally acknowledged that he had known Aver- buch for some time and that they had attended an anarchist meeting to-. gether. Considerable anarchistic literature waa found In his possession when he was searched at the station.

Four Are Held. According: to Detectives O'Connell and O'Brien. Maron went to the homes of a number of persons living In the immediate vicinity of Averbuch's home early today and made Inquiries as to Averbuch. Maronx the police say. cannot read English and speaks the language badly.

In aldltlon to Maron four other persons are belrg held by the police In connection with the attempted assas sination of Chief Snippy. Their names are Olga Averbuch. twenty- 1 two years old. a slter of Chief! Shlppyi assailant: Tonoltls Korl- moros. a bartender In the employ of Mrs.

Mary Adams, at. Canal street, and Edward Bcrrnan, 40 years old. a cobbler. Herman, with -William D. Slegel.

a ffuslnesa partner, was arrested early to-lay after the police had Intercepted telephone message. A -sergeant was using the telephone when the wires became crossed' and lie heard some one say -to Berman "Ftor Ood's sake, get out of town. They're on." Sister in Jail. Siege! was released later after being severely questioned. The police say that they have received Information that Herman's shop was the congregating place for a crowd of men Who visited nightly.

Olga Averbuch, the sister of the dead assassin. Is being held at the woman's quarters at the Harrison street police station. She slept but little during the night, crying most of the time. Most of the young woman's story was told In broken English, but part of the time she talked, through an Interpreter. -She told the police that she had: four sis- term.

otie of whom is married and lives in Odessa, Russia. The others, with two younger brothers, are with her parents In the family living near Vienna. Hrr father, she: declared. Is an orthodox Jew, has never taken part In a revolutionary movement and has' always shunned secret societies. She declared that she herself bad never read her brother's anarchistic books.

When asked If she thought that he might have baea Insane she replied hesitatingly: To Stop Anarchy. He was very peculiar. I' don't know why ho did what they say bo- did. I Continued on Page 2.) WEATHER REPORT, SAN FRANCISCO, March S. -O-e- Cloudy, unsettled weather occa- -e-- slenal showers tonight; cloudy Wed- -o e- nesdayt probably light frost la the -e- mornlRfli light south wind, changing -o e- to northwest.

-e Sacramento Valley Cloudy to- o-o- night snow In the mountains; cloudy e- Wednesday; heavy frprt la the o-morning; light wind, changing o-to i i San Joaquin Valley ralr teQlght e- and Wtdntsdayj heavy frost la the morning; light aorth wind. they had reasonable cause to and did believe their lives would be endangered If thov refused. and the subdivision defines one class, or persons Incapable of committing crime. On the showing made before the granj Jury yesterday that body refused to indict Baby" John. According to Denuty District Attorney Don-ohue he will not be prosecuted on any charge.

Boy Feared for His Life. "It was shown." said Donohue. "that Mrs. Martin threatened the boy's life. She said that she would blow him up and make It appear that he had met death by an accidental explosion In the mine.

And after the blowing up of the gden home she threatened to expose his part In the affair If he refused to do her further bidding." Mrs. Martin an inveterate cigar smoker, according to Donohue. She consumes eight or nine cigars a day In her cell at Weavervlile. Donohue was astonished when he first Interviewed her. He went Into her cell with Detective Hudgklns and while conversing with her lit a cigar.

He was puixled trt see Hodgklns wink at him In a meaning way. Mrs. Martin, Cigar Fiend. "I didn't think he wanted a cigar." said Donohue. "as I thought he.

did not smoke then. But when I began to smoke he winked at me In a way that meant something. Pusxled. I offered him sv cigar. He took It.

but Instead of smoking It himself, he offered it to Mrs. Martin, who placed It between her lips, bit ioff the end. lit. the cigar, and began to puff away at It wltb great enjoyment. She smokes eight or ten of them a day.

I To Go After Woman. I Wednesday morning Detective Hodg- 1 kins will leave for Weavervlile armed srlth papers for the 'legal removal of Mrs. Martin from the Trinity county Jail to the Oakland city i prison. He will be accompanied to Weavervlile by District Attorney Hall of. Trinity county and "Baby' John Martin, who will be taken back to Weavervlile.

he still being in ths custody or District Attorney Hall. It is "probable that steps will at onee be taken to have the charge of arson pending against the boy dismissed. Legal action will also be taken to have a guardian other than Mrs. Martin ap pointed for, the lad so that his portion of the Martin estate can be turned over to his guirdisn to be held In trust Mrs. Isabella Martin Indicted; Bail $50,000 Mrs.

Isabella J. Martin has been In a charge of me nome or di by the Grand Jury on attempting to dynamite Judge F. S. Ogden. fail was fixed at Sio.ooo.

Detective Hodgklns will probably start for Weavervlile tomorrow to bring her to this county for trial. District Attor ney Hall of Trinity county has agreed to give her up. The Infernal machine that was found In Te Fremery Park was meant for William J. Dina-ee. former president the Contra Costa Water Company, and now president of the Standard Portland Ce ment Company.

"Bahy" John Martin testified yesterday to this effect before the Grand Jury. Four Attempts in Four attempts In all1 Were made by him and his mother, he said, to dynamite the Dingee home at Waahlngton and Franklin streets. Ban Francisco. Every time the passing on the street of some person frightened them away. Once ''Baby' John, as a girt, made the attempt alone, but was frightened off at the sight of1 a policeman.

Mrs. Martin's troubles with the water company extended over years. The wa ter was turned off her premises because she refused to pay her bills. 8he wrote many threntenlng letters to Dingee, whom he held responsible, "Baby" John Exonerated. "Baby" John was exonerated by the Grand Jury of all blame In.

connection with the attempt to dynamite Judge Og- djsn's home. He testified that be bad done what he did under coercion. Mrs. Martin having threatened to kill him If be aid not obey bet. STORAGE FURNITURE AUC- -TION SALE.

Wednesday. MarcV 4. at 1:30. on fie premises. Lyon Storage Warehouse.

19th Street, near Unit. I will an (mi. 1a. oi manogany, oaa and walnut parlor, chamber and dining-room furniture, carpets, bedding, oil paintings and many choice articles too numerous to mention. Sold to pay advances and storage.

Note: For Items see Enquirer. j. Ia. 1.1 u.n. Auctioneer.

AUCTION SALE. On Wednesdav and Thundir Uin'i and at 1 p. we will sell at public auction to the highest bidder, without preference or reserve, all of the household goods and nersonal effects of c. D. WELLS, consisting of.

In part: Oak and mahogany dressers. Iron and brass beds. parlor furniture, oak library rumiture, tuning-room tables, chairs, rockers, and odd pieces, ranges. Kitchen tables, oil cloin. linoleum, carpets, rugs, lace curtains and draperies; also one up'itht and one square piano, together 'with on All of these goods are in i first -class condition and are up to date Irt very rpeet.

la an exceptional opportunity for lioko d-'lrtng to purchase goods -at tuelr own prt--ee. 1 I i published tevis' iwi, then scooped it cut, offlce showing the money paid for Ruefs keep there is no mention of salary for Elisor Biggy. but of course, it is understood that he derived his compensation direct fro roRiidolpli Bprerkels. as did also William J. Burn.

The sons of both. howevr. are down on the salary roll as deputies, at 15 per dny each. Burns' son Is 'nl7l "years old. and the salary" was obviously exorbitant.

The expending by the city of the sum of 933 it for keeping a prisoner who was to he allows) to go free Is considered my many attorneys to be all together Illegal, ana t.iey do not hesitate to say that it 1s the duty of the District Attorney to recover this money for tln Ity. Others do not liesltate to proclaim that there is clear evidence of conspiracy between the members of the prosecution, who are mentioned as defendants in this case and Judge Dunne himself. How the Money Went. Whether tie IMstrlr-t Attorney may Intend to recover the money for the city or not. Ruef will leave no stone unturned t-J get back the sum he expended for his maintenance after Cie city ceased to provide for him.

A rigid investigation will be. rsndacted and -farther Startling developments may be expected. Treasurer account of money spent for navi Paid April deputies Paid April to Is 13. 1907. board and ii'VV for Marcn Board and lodging .1 25J.OO 1090.00 Deputies 1.SIS.93 Paid -May i.

1907. for April 10 to May 1 Poanr and 425 00 Iepute incidentals 3S.09 1,1 S3. 00 Paid April 1. 1907. May to June 1 Board and lodging Deputies losr.oo Incidentals Si 00 1.7 00 raid July 1907 June i 1 to July Ttosrd and 55.

Deputies 1 70.00 Incidentals le on PM Agust 1- 1.471.M Board and lodging. 4C4.AA Deputies Incidentals 20 00 8.00 1.092.00 Paid August SI. 1907. for Aug ust 1 to September 1 Board and 41. 00 Deputies C20.no Incicentals S.2S -LOSS.

25 Paid September 17. 1907. for Scotamber 1 to 17 Bpard and lodging 211.00 Deputies 420 00 Incidentals 7.00 hSi.tn Total I9.S36.30 TO BLOW OPEN Trail of Silverware charge of nitro glycerine so wrecked the building and awoke the neighbors that they could not gather up the contents of the safe. Before they could secure a small quantity of sliver plate the residents of the district were upon them and they fled, leaving behind a trail of silverware which they abandoned In their baste. to create the Calaveras big trees national forest In California by a bill passed by the Senate today.

The bill permits an; exchange of timber on public lands for the big tree forests. r.7ayoro Chauffour Caught byPotlco M. -H. Barnard. chauffeur for dayor Mott, was arrested ester-' lay afternoon for violating the tpeed limit.

He was released on -all and appeared In the police ourt this morning and given tntil tomorrow morning to plead to ho charge against: When fayor Mott' was advised of the rrest of his chauffeur he gave infractions for him to be fined raided It was shown that he had -touted the law. It Is understood; hat 'Barnard has bea autloned by the police, bull lias ailed to heel a warning that he gould he taken Into custody if he ept burning' up the streets, the policeman who arrested Bar-tard had not knowledge of his eeatUy until after htu arrest. i SAYS ASST. DIST. A I Might Have Done So! that lie thought lie had killed her.

lie expalined this by saying that "Hodgklns and Flynn had convinced him that he had' been guilty of the murder. Ills recollection of Saturday nlghi'was Indistinct, he said, and they had pictured his ewn part In the killing so vividly that he aOlast believed that He had cut his mother's throat, hacked at her body, wrapped her in a blanket, and placed her body In the closet. i 1 "I thought then that I might have killed her. he said today on the witness, stand, "and I did not care what I did. or what happened to me.

I did not read the confession I signed, and the detectives did not read It to me. I Just signed It because I did not care what became of me if I had killed my mother. Denies Admissions. The witness denied that be had admitted to either Hodgklns or Flynn that he had actually killed his mother. He said that be told them, as he toll the coroner's Jury, that he believed that he had done so.

but that ho had no recollection r-f having done so. Hodgklns has testified that Soderberg said to him. InTfiis prison cell, after the murder had been pictured to him: "Yes, that's the- way I killed mother. Charges Against Olfo Spite of Statement Dismiss Case. box and commenced his opening addrese for the prosecution.

Mr.v"ook was ths only attorney representing the state. The defendants were represented t7 Attorneys nirara Johnson, Sullivan, Culllnan -and Hlckey. Defendants Crothers and Older occupied seats beside their attorneys. Cook's Statement. "We expect to prove.

said Mr. Cock, addressing the jury, "that the defendants, Crothers and Older, had charge cf the Evening Bulletin published In city, printed in the paper and caused be published In the same paper on i Hth of three times ort thn day. an article to the effect that, en testimony of A. Ruef an Indictment waa to be returned against W. F.

Tsvls. "We expect to prove to you that h'n the publication was made malice a Implied, and we also Intend to show there was also expressed mailt e. "We shall prove that, on thi 16th Continued on Page 2. FURNITURE AUCTION. On Wednesday, March 4.

at the some seven-room residence, 156.1 tVi street, near Perslta, p. in. Comprising parlor seUJace c-tiri pictures, bed lounge. Iron bed. elesant carpets throughout the tension tai.le.

chairs. ru ltr. sewing mtehin-. croikery, rranl wood lclti hen range, with This fine lot of aronda mum 1 account of Immediate departure. rain UKIHfU METSFU Corner as: I ITY.

SAFE; WRECK BUILDING (the New York social season. The beautiful old church was thronged with members of the social and financial world of the metropolis and superbly decorated with greens, almond and peach blossoms and pink roses. The bride was given away by her fath- er and tlte officiating clergyman was the Ilev. lr. W.

R. Huntington, pastor of Oraoe Church, assisted br the Kev. J. H. MKHnnrss of Anlen.

where Harrtman's country place is located. Benediction was pronounced by the Right Rev. W. C. I oan.

the blsimp of Albany. The maid of honor was Miss Mary Harriman. the brlde'n sister, and the bridesmaids were the Misses Kuth Avrill. Marlon A. Clark.

Slitrsnret I'ix. Klsle 1 lowland and Anita Pealuxiy. Handsome Gowns. The bride's mown was of white satin, trimmed with point del venire lace and she wore a Louis XV veil of point applique. The color scheme of the wedding was pink, the bri.le-tnnld being gowned In pea h-colored chiffon over taffeta silk of the same hue.

the brown plumes of their brown hats beii tipped with peach. Mrs. Harriman wore a superb costume, of pale mauve chiffon with hat of the same color. The best man was Peter Ooelet Gerry and the ushere were Robert Ooelet, Bra-dish J. Johnson.

William Stork pot. Frederick Kernochan. Munsoa Morris. William Averill Harriman. all of New Tork and Aaron Davis and John 8.

Ames of Boston Wedding Breakfast. After the ceremony a breakfast and reception waa held at tlte Harriman residence. S74 Fifth avenue. There the scheme of decoration was yellow, consisting largely of delicate forsytla and yellow rose, while "th Illumination scheme was so arranged as to give the effect of softened sunlight. The union ef these two prominent fam Hies is given peculiar interest by the fact that It Is essentially an America marriage, there having been no foreign Inter-marriage In either family for more than a hundred years.

The bride'a an cestry, through the Nellson and Bleecker lino, was closely Identified with the early civil and military history of that republic. John Neilson. her great grandfather. was a colonel In the Continental Army under Waahlngton and was elected from New Jersey to both the Continental Congress and the eonstltatlonal convention, but was unable to take his seat In those bodies. Noted Ancestors.

Gerry, who is a Harvard man. is the great grand sOn of that provincial patriot and legislator. Elbridge (Jerry, of Massachusetts, waa the founder of the Massachusetts admiralty court and whose assistance and Interest In naval affairs wasof great aid to the colonies to the revolution. He was also a member of the Conti nental; Congress and a signer of the Declaration of Independence. After a brief honeymoon In thin coun try Mr.

and Mrs. uerry will go abroad for an extended tour. Miss Carol A. Harriman, daughter off E. II.

Harriman, was said today to be seriously 111 of 'mastoiditis at. be fatter'! homo In this city. Miss was operated on In a abort t.na ago for mastoiditis. It was said that the would had're-opened and eontl-ued sj serious that a consultation: of tar sjjt.fi- lallsts was bell last ttsU Proceeds With Libel and Crothers, in He Would (Special to The Tribune.) 8AN March I. Ths case otR.

A. Crothers and Fremont Older of the Bulletin went toj trial this morning In Superior Court Number s. In which Judge Doollng of San Benito county is sltUng for Judge Dunne, the regular Judge of the department. It waa expected that Assistant District Attorney I William Hoff Cook would renew his motion made a few days ago. to dismiss the case on the ground that he did not understand the motive, (or the bringing of the suit.

At that time. E. P. Ifs Troy testified and caused consld- arable excitement by the statement that the case had been brought by htm at the suggestion of Supervisor Murphy, who was the attorney and close personal friend of ex-Mayor Phelan. who has been one of the.

mainstays of the graft prosecution. Langdon on Both Sides. Since the last adjournment of court. H. I Packard, attorney for F.

Tevis. has written several letters to Attorney-General Webb, asking hUa to take cognisance of the fact Jthat attaches of the District Attorney's office were taking part In both Sides' Of the case, and re questing that that official take steps to prevent a continuance of such a condi tion of affairs. No reference, ho-evef, was made to this correspondence when the case open- ed this morn by Judge Dooltng. As sistant District Attorney Cook had a few words of whispered conversation with Flee, Leaving Behind -r SAN FRANCISCO. March 1 Three daring cracksmen, who are' supposed to have been encouraged by the lack of police In Vlsltacion Valley, at o'clock this morning blew open the safe of Richard T.

Uandonon. a Jeweler at ISi Iceland avenue, but failed to Secure 11 000 worth of booty because their heavy Robertson VJins From Dan Kelly NETF TORK. March S. Iawson Robertson of the Irish-American Athletic Club, won the sixty yard Invitation race at. the aixty-nlnth games In Madison Square Garden last night, defeating Dan Kelly, the Western sprinter and holder of the world's 199 yard record.

Urges Presidency of Ce Fairbanks FRANKFORT. KY, March 1 Senator elect W. o. Bradley last night gave out formal statement announcing himself In favor of the nomination of Vice-president Fairbanks for the Presidency. Senate Preserves Blilteavyqqd Trees WAT.rHNOTON, Xlirch Secretary.

-Agriculture Is authorised i tht court. lie then walked ta ths Jury TeitpliouS OkJiCi 41TJ, i. Cay street. 05 I.