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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 21, 1904)
VOL. XLTV. NO. 13,739. P0RTLA2D, OEEGON, WEDNESDAY, DECEMBER 21, 1904. PRICE FIVE CENTS. PICKS H MAN Mayor Names Next City Engineer. - CHARLES WANZER CHOSEN Will Succeed W. G 'Elliott in Office on January J. CHOICE COMES AS SURPRISE First Work of New Official Will Bo on the Tanner-Creek Sewer Prob lem Several' -Plans Are Suggested. Charles Wanser.was appointed. City Engineer yesterday, by Mayor' "Williams.-'to succeed W. C. Elliott, on 'Jan uary 3. The selection made a big sur prise .since, perhaps, scarce half a dozen persons in. the whole city knew that Mr. Wanzer was on the list of llgibles. He was not an applicant but when the Mayor offered him the j-laco he responded that he would ac cept if the Mayor saw fit to give it to him. I think Mr. Wanzer will prove a good engineer." said Mayor Williams last night, "but if not, the blame should fall on me. I have chosen him without consulting any man in the city gov ernment or In " any political faction."- Mr. Wanzer Is now in the engineer Ing sorvice of the O. R. & N. Co., where he has been employed for the past six years. When A. L. Mohler came to Portland in 1S9S. as president of the O, R. &. N.. he engaged Mr. Wanzer for an engineer. Previously to that time Mr. Wanzer was Assistant City Engi neer of St. Paul for three years. There he became ixpert in sewer construc tion. He Is a Republican but lias not been active in politics -during lis res idence In lortland. Has Strong Reference. "Mr. Wanzer was strongly recom mended by Mr. Mohler," said Mayor Williams, "as an able, competent and trustworthy engineer; also by Colonel Crooks, assistant to Manager Calvin. He is skilled In all branches of rail road engineering and his experience at St. Paul made him familiar with the duties he is about to assume. He did not apply for the place, I offered It to him. In making tula oholco J- consulted my own judgment and listened to -no political advice. I think I have made a gopfi .selection.;. IC npl-.J ajope.ara ac-. countable."" Several Wanted Pface. The Mayor said 'that three dr lour men had applied for the Jpb, but he refused to revf al their Identity and remarked simply that their qualifications did not entirely satisfy him. Wanzer will hold office until his euc Ossor shall be appointed by Mayor Will lams successor, who will take the -clns of city government next July. Elliott was elected by popular vote In 1902. but .under the present charter the City Engineer Is appointed by the Mayor. "Mr. Wanzer will have but a six months tenure under the present administration," remarked the Mayor, "but that will be ong enough for him to establish a record for efficiency." To Work Out'Sewer Problem. One of the 'first duties of the position will be that of devising a plan for re' deeming the notorious Tanner-Creek sew er. The Executive Board will refuse to accept the sewr In -Its present defective condition, but Is of the opinion that the jtewer can be made more serviceable and durable than If Contractor Riner had faithfully performed his contract, by re quiring Ms bondsmen to put the tube In proper shape. "I am confident." said Mayor Williams, "that this can be done without the sewer's costing the property-owners a single dollar above the contract price. A large part of the sewer can be used in. putting it In first-class order perhaps 75 per cent of it, according to the testimony of Sidney Smith, who Is a reliable "contractor. And I am convinced that the property-owners will then have a sewer better than they could have had by any other method--eveh if Riner had performed, his duty faithfully. The cost of the extra work Is variously estimated at from $5000 to. 510,000. which Rlner's bondsmen, or the Oregon Savings Bank, will have to pay; not the property-owners against whom the contract price will be assessed." Mayor Williams has three plans la mind: First To line the sewer on the Inside with a layer of vitrified brick; this propo sal does not strike him favorably. Second To give the sewer a "six-inch lining with concrete on the inside. This method he does not like, because it would reduce the diameter of the tube, though he is informed It would not lessen Its water-carrying capacity because the water would flow through with less friction. Third To cover the outside of the sewer with a layer of concrete and tamp the earth firmly at the sides so as to keep the arches from spreading apart on ac count of the weight above. This plan he approves above the two others. "But." said he. "my opinion will de pend largely on that of Mr. Wanzer. Mr. Elliott has agreed to render him what help he can." Executive Board May Balk. In the City Hall It is frequently pre dicted that the Executive Board will re fuse t accept the sewer, however well it ma be put to rights, because the con tractor has failed to live up to his agree ment, and the city is therefore free of any obligation. It is also said that the City Council will refuse to pass an ordi nance for the assessment until manda mused to do so by the courts. But Mayor Williams dominates the Board and will not consent to this procedure, for he be lieves the sewer can be redeemed. Pro posals have even been made to reject the defective tunnel flatly and to build an other, allowing Riner and his bondsmen and thos who put up money for him to stand the loss. Appeal in Arabia Case. . ST. PETERSBURG. Dec. 20. The State Department has directed the American Embassy to petition the Admiralty Court for a rohearlug of the American claims in tho case of the Portland-Asiatic line steamer Arabia on the ground that the time afforded owing to delays Incident to communication was Insufficient for the perfection of an appeal be fore the case came up. The Arabia was captured -by lhe Russian- Vladivostok squadron July WORK FOE THE UNEMPLOYED Advocated by Campbell-Bannerman to Relieve Distress in London. LONDON, Dec. 20. The political cam paign of education in fiscal affaire, which is now being vigorously carried . on throughout the United Kingdom by both parties, while affording little that Is new in proposition or argument, shows evi dence of Increasing acrimony and more personal feeling between leaders. Mr. Chamberlain, in addressing a public meet ing in the Bast End. last week, hit out even more sharply than usual, and showed no utile reeling m reicrence io air xieury Campbell-Bannerman, the former' Liberal leader In the House of Commons, who bad said of Mr. Chamberlain, "At least he might try to be a gentleman." 4 Sir Henry tonight made a speech in the ' same hall, and before an audience equalling in numbers and enthusiasm the one addressed by Mr. Chamberlain the night of December 16 He dwelt at the outset at some length upon the subject of the unemployed of London, which now threatens to become a serious question. and advocated that the government at once inaugurate large works and thus benefit the state and at the same time afford em ployment to thousands who axe threat ened with starvation. Sir Henry then be gan a reply to Mr. Chamberlain, and said: 'It Is not those who are forever mouth ing the word empire and using that word to cover their own shady acts and their own policies who are the best friends of the empire." CONTESTS MHE. SHATTO'S CLAIM C. A. Reed, Bankrupt, Had Large In terests in Oregon. PITTSBURG, Pa., Dec. 20. (Special.) At. the inquiry Into the bankruptcy of Charles A. Reed, in the United States District Court today. Attorney Rosen welg made numerous charges of black- mall and fraud. Reed Inherited 52.000,- 000 from his father. General Reed, founder of Erie, Pa. He Invested In the Iron Duke Mining Company and the Northwestern Railroad Company, of Oregon. These are mortgaged for 5300.000. Among the preferred creditors in, the Oregon claim Is Madame Shatto, tho "Oregon Copper Queen." Rosenwelg insisted that her claims should be in vestigated. A hearing is set for Febru ary 15. GOVERNOR OFFERS SERVICES. Urges Termination of the Strike at Fall River. BOSTON, Dec. 20. The Globe tomorrow will say: Govtrnqr -Bates has moved toward the settlement of the strike In. Fall Rlvjer, having tendered his good offices and urged. a termination of the conflict, President Borden, of the Fall River Manufacturers Association has bo en la Boston recently and has conferred with the Governor. From Fall River comes the Intimation that the Governor and President Borden, representing the manufacturers,- have been in communication. GIFTS FOR CHICAGO uUTVERSITY Rockefeller Heads List With About a Quarter-Million. v CHICAGO, Dec 20. Gifts amounting to 5437,370 was announced by Presi dent Harper tonight at the 53d quarter ly convocation of the University of Chicago. John D. Rockefeller gave 5245,000 for current expenses and 560,- 000 for improvements to the heating plant. The next largest sum was given by Mrs. Hiram G. Kelley, of this city, who gave 5140.000 for the erection of a building for classics. The remainder of the total -donation was In small amounts. POTATOES FOR THE STARVING Colorado Farmers to Be Asked to Give for Irish Poor. GREELET, Colo., Dec 20. Mayor H. C. Watson Issued a call today for a mass meeting Saturday next to consider a proposition to donate a large quantity of potatoes to the starving poor of Ireland Similar meetings will be held at Fort Collins. It Is believed the farmers of Northern Colorado, will contribute sev eral hundred carloads of potatoes If the transportation can be arranged for. The Government will be -asked to fur nish a transport to carry the potatoes from Galveston to Ireland. INJURED AT FOX CHASE. American Member of English Smart Set Falls Under Horse. NEW YORK. Dec. 20. The American tomorrow will print a London dispatch. under date of December 20, saying: "Mrs. Frank J. McKay, formerly of Chicago, and now a leader of the Amer lean smart set in England, was serious ly Injured today while foxhunting with the fashionable Quorn hounds. "Mrs. McKay's horse fell backward In taking a fence and she was thrown heavily, sustaining a concussion of the brain. KILLED NEGRO CORN 'THIEF. Mlsslssippian Sent to Penitentiary for Twenty-Five Years. BROOKHAVEN. Miss.. Dec. 20. Jn the Circuit Court today Dave Posey was convicted of manslaughter for killing Ben Bayliss, a negro. The defendant claimed that the killing was justlfia ble. as he found the negro stealing corn. Judge Wilkinson sentenced Posey to 2o. years Jn the Penitentiary Firemen Rescue Nine Nuns. CHICAGO. Dec. 20. The thrilling res cue of nine nuns. Sisters of Hotel DIeu. marked the progress of a fire that swept through the convent and destroyed it to day. Two of the nuns were Injured, and were carried from the building almost overcome by smoke. The stairs fell before the sisters could reach them. The sisters were rescued by the timely arrival of the firemen. The sisters belong to tho order known as' the Sisters of Hotel DIeu of the French Hos pltaller Sisters. They 'came from Que bee Canada a short time ao. LSI FARCE Difficult to Convict Mor mon Polygamists. FINES ARE QUICKLY PAID Utah Courts and Prosecutors Give Aid Unwillingly. SMOOT'S EVIDENCE TO COME Examination of All Persons That Can Be Reached by the Protestants Before the Senate Commit tee Is Ended. WASHINGTON, Dec. 20. The Reed Smoot hearing today reached that period where counsel for the protestants have concluded the examination of all persons who could be. reached by the subpenas Issued by the Senate committee. Attor ney Tayler announced that he was ready to rest his case, except for the Introduc tion Of documentary evidence and the ex amination later of some persons on whom It has been Impossible to get service. The case of the respondent will be opened January- 10, to which date the hearings have been" adjourned. Just be fore adjournment of the committee op posing counsel engaged in a controversy over the admissibility of certain reference books wanted .as evidence ofctbe doctrines of the Mormon faith. No agreement could be reached, and after heated arguments. Mr. Tryler recalled Apostle Penrose to Identify certain reference books. In a number of Instances Mr. Penrose denied that the works had been accepted by the church as authoritative publica tions, and" said that many of the matters contained In the documents were subject to dispute. Chairman Burrows ruled that the utterances of leaders of the church may be'offered as tending to prove doc trines of the church organization. The ..principal witness on the stand to day was Charles M. Owen, who hag been employed In gathering' evidence tcr be used against the Mormon Church in the Smoot inquiry. He testified in regard to charges against prominent church officials, and as to tho attitude of courts and'prosfecuting attorneys., in such case. rHe icclarcd that such prosecutions are Unavailing, as when- convictions were ODtainea smau fines were Imposed, and in most cases these were, paid by popular subscription. TILT AT MR. TAYLER. Questions Asked Objected to by Attor ney for Smoot. WASHINGTON, Dec 20. Apostle John Henry Smith was the first witness called. Mr. Tayler ask6d: "Is the asking of the endowment a necessary prerequisite to a marriage In a temple?" "In the main, yes; I should answer both yes and no to that question." 'Could Senator Smoot be elected an apostle without making the endowment?" "He could have been, yes, sir." "Could he have been married to his wife for time and eternity without taking the .endowments?" "He could have been, yes. sir." "Do such marriages occur now?" "I presume not." "Then the Inference we are to draw from your testimony," said Mr. Tayler, "Is that you have no knowledge whether Mr. Smoot took the endowment or not. "No, but; I don't know. Of course, I have my own belief." said Apostle Smith. "And your belief Is that he did take the endowment?" "Yes, sir.-' "And It would have made no difference to you In voting for him for an apostle whether he had taken the endowment or not?" asked Mr. Tyler. "Knowing Senator Smoot as I do. no. sir, replied the witness. 'In response to questions by Chair man Burrows, Apostle Smith said he had no knowledge of any apostle who has not taken the endowments, nor had he any positive Information to the con trary. B. B. Heywood, United States Mar shal for Utah, who received subpenas from the Sergeant-at-Arms of the Sen ate for witnesses wanted by the com mittee, was sworn, and testified that he had subpenas for 14 or more persons whom he had not been able to find. -He gave the list, which included Apostles J. Grant, reputed to be In Liverpool. England, and John W. Taylor and Cow ley. .Taylor was said to have been ab sent a year, and Cowley was said to have been In Canada, but no Informa tion could be learned concerning him. Others who could not be found were Lillian Hamlin, alleged to have been a plural wife of the late Apostle Abram Cannon, w inslow and Sarah Farr, Mary Brinhurst, Ella C. Stefflson, Thomas C. Chamberlain, Mary Danes, J. M. Tanner, Charlotte Robury and Nell C Brown. All of these persons were said by the witness to be reputed to be polygamists. Apostle Merrill was found, but was unable to appear here on account of illness. Objects to Tayler's Questions. During the examination of the United States Marshal, Attorney Worthing, ton objected to the character of Mr. Tayler's examination on the ground that it was misleading. "I have not objected heretofore," said Mr. Worthlngton, "but there has been a persistent effort here to throw smut on Senator Smoot just because some person has tried to evade service. Sure ly the counsel ought to come closer to proper examination. He charged Mr. Tayler with asking questions that he would not attempt In a court of law. Chairman Burrows said this case is not a trial, but an Inquiry, and the committee should follow every trail In order to get at the truth of the condl tlons; that the names of persons reput ed to have knowledge oh the subject should be brought out,' in order that they may be summoned as witnesses. , 'Marshal Heywood,. in narrative form. TNI told of his efforts to "find the persons for whom he had subpenas. One Deputy made a drive of 120 miles, and reported -to the Marshal that he had. been followed and his movements watched by a young man who asserted he was soliciting sub scriptions for magazines. Marshal Heywood testified that polyga mous marriages were numerous up to the time of ' the Edmunds-Tucker act. In 1SS7, and on cross-examination said prac tically no effort had been made to put a stop no these marriages. . Mrs. Fannie C Thurber, a plural wife of Joseph Thurber, was sworn. She said she has four children, and that her hus band's first wife has eight. Both wives live at Richfield. Utah, but In houses one block apart. The youngest child of the witness is 2 years old. Charles M. Owen, who has been asso ciated with Mr. Tayler In accumulating evidence In the Mormon Investigation, was sworn. He said he became Inter ested in the question in January. 1S99. by receiving an offer from a New York paper to look after the Interests of the anti-Roberts campaign the paper was conducting. Later he was retained by the Wdmen's Interdenominational Coun cil of New York, and still later the pro-r testants against Smoot retaining his seat. Mr. Owen testified that he had made the closest Investigation possible about po lygamy In Utah, and never accepted any one's word about polygamous marriages. He said Apostle Taylor is reputed to have taken two wives within two or three years, and that Apostle Cowley has taken another wife within three years. Taylor now has five wives, said the witness. Crossed Over the Border. 'Where are Apostles Cowley and Tay lor?" asked Mr. Burrows. 'I understand they are In hiding in Canada." said the witness. . Continuing, he said Apostle Merrill has nine wives, two taken since the mani festo. "Consulting the church encyclo pedia, the witness said Apostle Merrill has 45 children and 127 grandchildren. 'And he Is the man who Is said to be very 111?" asked Mr. Burrows. "He Is, was the response. Mr. Tayler then brought out a great many names of persons reputed to be liv ing in polygamy, together with dates of marriages and the number of children born of these plural wives Hnce tne manifesto. Witness Owen testified to swearing out an Information for Heber J. Grant, be cause of his holding out his polygamous relations in an address before a Utah aemlnary. Mr. Owen said Grant left the country and has not since returned. Action was also begun by Mr. Owen against AhgU3 M. Cannon and his plural wives. Mr. Cannon was convicted under this prosecution In September, 1S90. Five persons In Sovler County and one In Box Elder Stake were convicted on the Instrumentality of Mr. Owen, and many other complaints were filed by him. ac cording to Ills testimony. The fines in all cases were merely nominal, said Mr. Owen, from 525 to 5150. and In nearly every case the fines were paid by public subscription. He said he satisfied him self- that action in tho courts was un availing. Investigation of Bribery Charges. Mr. Owen was recalled in the afternoon and his examination was resumed con cerning attempts to ,bring about prosecu tions on charges of unlawful cohabita tion. Mr. Owen aald. cases were insti tuted against the late Lorenzo Snow. president qt the, lorrnon Church; Joseph (Ognciudti&ftla Vise Four.) "T ' CONTENTS GF TODAY'S PAPER The Weather. iuuA.1 t man, poaftibly part sxw; brisk- to high southerly winds. ltiSiEKUAi'S-Mailmum temperature, 46 dcs.; minimum, 40. Precipitation, none. ft Young Murder Trial. Jsan Patterson goe through searching- cross. examination with flying colors. Page 1, Prosecution-rests IU case. Page 1. "Women throng courtroom despite order of pre siding- judges, page 1. The Smoot Case. ManyjKi&eases wanted have fled to Canada or cAnnft be reached. Page 1. Respondent's case will be opened January 10, Pagti 1. Apostle Penrose gives expert testimony on books of Mormon theology. Page 1. War la Far Eat. Captain of destroyer Orozovoi captured by the Japanese, with valuable papers in his pos session. Page 3. British steamer King Arthur seized as she is leaving Port Arthur. Page 3. Japanese uQuadron said to be on the way to meet the Baltic fleet. -Page 3. National. General Wood says conditions among the Moros are generally peaceful. Page 4. National Cabinet discusses Oregon land (rands In secret session. Page 5. Senator Fulton says he will endeavor to have a wing built to the Portland Postofflce. Page 5. - Domestic Mrs. Cbadwlck is excused from giving test! mony in bankruptcy court. Page 5. Eight were killed Jn the wreck of' the illn neapolls hotel. Page II. Toung Gould bluKs off would-be college barer with a -revolver. Page 5. Minnesota Board of Pardons releases brother of ex-Mayor Ames, of Minneapolis. Page 4 Bits of c!6thinc believed to be clew to Colo xado murder mystery. Page -4. Foreign. President Loubet receives the members-of lhe International commission at the Bfysee Pal ace Page 4. if Const itutlonz-SSd catkiaT&Jmbly will be re fused by the'CtsnC Page 4. Politics. Charles Sweeny's Tacoma banquet may swing Pierce County delegation to him In Sena torial fight. Page-6. Commercial and Marine. Improved weather conditions In Argen Page 25. Chicago wheat easv from start. Pace New York -stock (Drofoundlv dull. Pace San Francisco apple market active.- Page 15. Government lumber bids opened. Page-14. More blockade-runners said to be en route to Portland. Page 14. Pacific Coast. State Fair will be held in Salem next year despite Lewis and Clark Exposition. Page . Washington Supreme Court makes important banklngsdeclsion. Page 6. Columbia t&lvcr aalmon men recommend a, change of eeasons. Page 7. Sports. Jimmy Brltt given decision over "Battling" Nelson In 20th round at San Francisco. Page 1. Umpire Jack McCarthy gets offer of berth In American League. Page 7. Mansard wins Oakland Handicap. Page T. Diamante, 4 to 1. wins from field In the stretch at Ascot. Page T. Portland and. Vicinity. Board of Education recommends 6.6 mills levy and two new school buildings. Page 10. Government attorneys anxious to protect Fed eral grand Jury- Page 11. States of Middle West to participate in Lewis and Clark Exposition. Page 14. 'Poultry ShowSpens. Page 12. Oregon Dairjhen's Association In annual -session. Page .14. Grand Jury will return Indictments this morn ing. Pagef16. Charles TVanzer is named by Mayor WlUjanw as successor to City SnjclaeervUiott;.;pise 1. 4 UTONTHERAGK Nan Patterson Given Day of Torment QUESTIONS ARE SEARCHING Actress Accused of Young's Murder Is Very Cool, FINISHES TIRED BUT SMILING Dramatic Scene Enacted When,, With a Messenger Boy, the Tragedy of the Cab Is Rehearsed in the Courtroom. NEW YORK. Dec 20. After a day of torment facing: the merciless cross examination of Prosecutor Rand, Nan Patterson, the former show girl, went to her cell in the Tombs tonight tired but happy. For several hours she sat under the galling crossfire of the As sistant District Attorney, who probed the' events of her life from the day she met Caesar Toung, for the killing of whom she is being tried, until the moment of his tragic death. No detail was so trivial as to escape the atten tion of the State's Attorney, but with scarcely an exception the accused act ress proved a marvel of self-control. Only once did Mr. Hand confuse her greatly. In going over the conversa tion between her and Young at the Gravesend track. Miss Patterson testi fied that Toung gave as a reason for sailing to Europe the fact that he was afraid Mrs. Young might harm him or tthe prisoner. Miss Patterson finally admitted that she recalled only an Incident which had happened in San Francisco. Frankness of Her Answers. At times she parried the sharp ques tions of her inquisitor, but when he pinned her down to a definite question, her answer was frankness Itself. Miss Patterson talked In a low, clear voice. punctuating her evidence here and there with expressions of much spirit. In the course of one of her answers rhe- exclaimed in. jt. vqlc! rJngrprrJJth "I have always tried to be" truthful and honorable." Miss Patterson was , led over the same ground today as yesterday, but In a manner manifestly different, for tb-:. day she was under the rapid fire ques tioning of the man who had handled the case against her and legal pitfalls were expected. There were few strik ing admissions made by the witness, aeaplte the very searching questions asked. Noticeable among these, however, was the story of the money given by the bookmaker to Miss Patterson dur ing their, acquaintance. At one time the sum was $2800, at another $2500. and at another S1S00 or $1500. She did not know the total amount and could not state whether It would total $50,000, but acknowledged that Young was a very generous man and gave her money whenever she asked. Miss Patterson said that Young was fearful that Mrs. Young would kill him and possibly the actress also and for that reason wished her to flee to Europe with him. Later she modified this under the battery of the prose cutor. Pantomime of Death. The dramatic climax of today's court scene came with the pantomime en acted by Miss Patterson and a. Dis trict Attorney's messenger, showing the death scene in the cab. Seated side jby side on a platform facing the court and the Jury the messenger, under the tutelage of the former show girl, they swayed back and forth as the prisoner- ald she and Young had done Just before the shooting. "With, the calm reserve of one accustomed to play to thousands. Miss Patterson, without a tremor, went over the scene and by her Interpretation tried to make it clear that Young had taken his own life. Threoughout the two hours and 40 minutes that Miss Patterson faced cross-qxamlcation today few shadows of emotion crossed her pale face. She had evidently nercved herself for the ordeal, but when It was over a reaction came and she trembled violently. Aris ing from the chair she bbwed to the Judge and the Earl of Suffolk, who sat beside him and to the jurors. Then she ran down to her aged father and burled her face on his shoulder. He kissed her affectionately and said softly: "You did splendidly. little girl." This ucene closed the evidence for the de fense. Mr. Band a little later called Mrs Young in rebuttal. In her testimony he said she had purchased the tick ets for the trip abroad for herself and husband and that she had done so at the Instigation of Mr. Young. When both sides rested. Judge Davis said "he wished the case to go to the Jury tomorrow and after a conference between opposing counsel it was an nounced that the closing speeches should be limited to three hours each. Mr. Levy will speak in the morning and Mr. Hand In the afternoon. At 5 o'clock In the afternoon. Judge Davis will de liver his charge and then the fate of the former show girl wifl rest in the hands of the Jury. WOMEN CROWD COURTRO,OM. Positive Orders of Judge Are Disre garded, in Patterson Trial. . .. NEW YORK, Dec 3.-JThe moat, trying, ordeal of her life confronted Nan Patter son foday when her trial for the murder of Caesar Young was resumed. That of yesterday, when she was forced to tell the atory of .her life with Caesar Young. before the curious crowd that Jammed the courtroom, was severe for her, and she plainly showed the strain of the ex- ; perlence whenahe stepped down from the stand at its conclusion. Then, however. she was in the hands of her friends. Little by little the painful atory waa i drawn from her by the kindly questioning of her own counsel, whose effort was dl-. reeled toward making the recital as easy as possible. Today all was changed. Before her, " when she resumed her place in the witness chair, the girl saw not the man who had labored for montha to prove her Inno cence, but the prosecutor who labored Just as strenuously all the time to have her branded as a murderess. Instead of the solicitous, kindly, guiding questions which characterized the questioning of yesterdayt she knew that for hours ehe would be obliged to submit to a most galling crossfire of questions ahe wbuld not care to hear. With the appearance of the defendant on the stand" yesterday public sentiment had a higher pitch than at any time since Nan Patterson faced a Jury, more than a month ago. Hundreds of curloua ones flocked to the criminal court. Long before the hour for opening court it became nec essary to make substantial additions to the policemen detailed to guard the court room against Invasion. Despite every pre caution, however, every available inchof space was filled. Even the positive order of -Justice Davis that no women be ad mitted seemed to have been suspended or entirely ignored, as feminine finery was to be seen In every part of the crowded courtroom. Wife but Not a Mother. , Mr. Rand, the prosecutor, began the cross-.examlnatlon of Nan Patterson with the question: "Are you an actress by occupation?" "I am," replied the defendant.' "Are you a wife?" "Yes." "Are you a mother?" "I am not." Then the story' of ner meeting with Caesar Young, In July, 1203, while on a trip bound for California with a theatri cal company, was retold. "Do you remember" going from San Francieco with Young last year to Loa Angeles?" "Yes." "That was commented on In the papers, was It not?" "I object' said" Mr. Levy. "Did Mr. Young give you money when "Yes." t "How much did, he give you?" "I think $2500." "Just for two weeks?" . . "Yes." "He gave you $2S00 to come Ea3t for two weeks? "Yea." By a long series of questions, Mr. Rand led up to the time when she came" to New York last May. Her sister called .at Jier hotel the f.rst eyening and said that her husband, J. Morgan Smith was very llu Her sister fell in. a d?ad faint. Miss Pat terson said. ' "Was he addicted to the uso of liquor?" "WeU, he had been. That day he some how got his jaw twisted and could not open, his mouth. That frightened Julia. Young a' Constant Caller. She said Young called on her that night and they went out to dinner. Two days later she went to live with her sister, and Young continued to call upon her and they frequently talked' of plans for tho future. "Young told you that you were only going to pretend to go away?" "Yes." "And you had no Intention of going away?" "No." "You were only to pretend to do so to deceive Young's friends?'.' "Yes." "You knew all this time, that Young was a married man?" "Yes." When she went to the Imperial Hotel to live she registered as Mrs; J. T. Pat terson, she said; and Young came to seo her every morning. "Why did you leave the Imperial Ho tel V "Because Millln spoke about us to the manager." "You were put out of the Imperial?" "I don't know if that was it." "How much did Young give you alto gether?" "I don't know." "Could you tell it it was about $15,000?" "I could not tell. He always gave me money when I wanted It." "Did he give you as much as $40,000 or $50,000?" "I cannot say how much." "He was a most generous man, wasn't he?" "Yes." 'Had to Go to Europe. "Now, at th'e race track Young told you that they had trapped him?" "Yes." "What did heT"m"ean by trapped?" "That his folks had bought rickets for him to go away, and he could not get out of It." "He once had tickets from San Francisco to New York and exchanged them?" "Yes." "He did not say then that he was 'trapped because he had the tickets?" "No." "But he told you on June 3 that they had bougnt the tickets; that he was trapped and would have to go to-Europe?" "Yes." "Did he speak of his wife's happiness as a reason why he had to go abroad?" "Well, he had been very unhappy be fore." - "And Young aeemed glad to go?" "He spoke of his wife being happy to go.: "Did Young ever say his wife might be a murderess?" "Yes." "What did he say?" "He said he was afraid Mrs. Young would kill him or kill me." "This was thday before he died?" . "Yes, and said he was armed." "Did he say she would slay him put him odt of the way?" , "No." "Why did you tell the jury, then, that the day before he died he said he was afraid his wife would be a murderess?" "Well, the reason was that he, recalled something that happened In San Fran cisco." "And that Is the reason you told the jury that Young said he was afraid his wife would kill him or you?" "i did not mean to say that." No Fear of His Wife. "As a matter of fact, he had no fear his wife would kill him?" "I don't'know whether he did or not." "And he never told you so?" "No." Mlse Patterson said that when she told Young she would follow lilm to Europe Concluded -on Pace- four.) TO ITT Referee Makes Decision in 20th Round. MEN 'FIGHT LIKE BULLDOGS Nelson Takes Punishment Gamely; Weakens at Finish. PUNCHED ALL OVER THE RING Californian Given Credit for Cleaner Hitting and the Greater Number of Counts Scored Dane Did Best at Close Range. . DIMENSIONS OF THE FIGHTERS. Brltt. Nelson. 5 feet. 6 inches.. Height.. 5 feet, 7 Inches 65 V inches Reach ...6T inches 132 pounds Weight.. ..132 pounds 15 inches Neck ..15 laches SS'i Inches Chest ...37 fcchea 28 inches Waist 29& Inches 12 Inches Bloeps 13 Inches 10Vi Inches Forearm 11 inches 7 Inches Vrfat....:....7 inches ID'S Inches. ...... Thigh 10 Inches 13 inches Calf 13 Inches 7 inches Ankle... ...9 inches MECHANICS' PAVILION. SAN FRAN- CISCO. Dec 20. At the end of the twen tieth round tonight, with Jimmy Brltt, of San Francisco, and Battling Nelson, of Chicago, fighting like a pair of buli dogs, the gong sounded the end of tho contest arid Referee Billy Roche unhesi tatingly placed his hand on the California boy as the jvinner of the contest. In the closing round Brltt was punching the Chicago boy all over the ring, but his blows lacked sufficient force to put a quietus on his opponent. The fight was an exemplification of how much punishment a -human being -can en dure and not succumb. At several stages of the fight Nelson was oadly punished, but he always kept gnmelsScondng up to ,.thflring-line. andUali-thoO rcrahds only once did ho have the local boy In distress, but Britt's excellent generalship and tha advice ot his seconds saved him from .going too -close to the danger point. Nelson Is unquestionably a wonder in the pugilistic world. Time after time, after taking blows heavy enough to put out an ordinary fighter, he would come up apparently in his earlier form and bring the fighting to Britt's territory. Referee Roche anounced that he gavo the tight to Brltt on cleaner hitting and the greater number of points scored, and a retrospect of the fight bears, out tho Justness of his decision. Although Nel son did most of the leading, Brltt dis played the greater ability as a boxer and his Mows were cleaner and more forceful, while a majority of the shots fired by Nelson were at close quarters. Nelson was sadly deficient in a long arm and most of hjs attempts to reach his opponent while both men were freo were Ineffectual. The house was one of the largest ever seen In San Francisco and It is estimated, that the fighters will divide nearly MO.00O between them. There were no visible marks of punishment, with the excep tion of some slight pufflness about tho eyes, but Britt's face was bleeding In several places from the force of tho blows delivered by Nelson In the clinches. FAIL TO TIP THE SCALES. Fighters Under Stipulated Weight of 132 Pounds. MECHANICS' PAVILION, San Fran cfsco, Dec. 20. A 533,000 audience waa jammed into Mechanics Pavilion tonight when Jimmy Britt. of this city, and Bat tling Nelson, of Chicago, fought In what was virtually conceded to be a contest for the world's lightweight champion ship. The belief that Joe Gans, the col ored pugilist, who recently retained tho title by securing a decision over Brltt on "a foul, is probably unable to reduce to the lightweight limit, accentuates the fact that the winner ot tonight's battle will be looked upon as the legitimate champion of the lightweight division. Never were two athletes in more perfect condition than Britt and Nelson when they ceased their long" and arduous course of training, and each was the personifi cation of confidence when Referee Billy Roche beckoned them to their corners and the bell summoned them to action. Jam at the Pavilion. No fight since the Jeffries-Fitzslmmons affair was decided has brought so many strangers to town. From far-away New York, from Philadelphia, from Butte, Omaha. Seattle, Portland and Los An-r goles- fight-lovers were gathered in lib eral numbers. From Interior California points they flocked to the ringside and when the main event was started the vast hall was packed from pit to dome. So great was the crush in the gallery section that later in the evening the promoters were ordered by the authorities to re lease the overflow by permitting hundreds of spectators of that section to Invade the main floor, where they were unceremon iously relegated to the rear portions of the building and from which but little of the night's entertainment could he ob served. At 9 o'clock the house was com pletely sold out, and It was found neces sary to install additional seats to accom modate the vast throng. The principals left their training quar ters at i o'clock this afternoon, and after a rest of two hours, proceeded to Cor bett's resort, where the welghing-in pro cess took place at 6 o'clock. Both men failed to tilt the scales at 132 pounds, the stipulated weight. It was the opinion of those present when the men jumped on .Conduced oa Page H.) i