Morning Oregonian. (Portland, Or.) 1861-1937, December 21, 1904, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    VOL. XLTV. NO. 13,739.
Mayor Names Next
City Engineer. -
Will Succeed W. G 'Elliott in
Office on January J.
First Work of New Official Will Bo
on the Tanner-Creek Sewer Prob
lem Several' -Plans Are
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
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-.
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
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."
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
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.
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.
Rockefeller Heads List With About
a Quarter-Million.
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
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
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.
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
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.
Difficult to Convict Mor
mon Polygamists.
Utah Courts and Prosecutors
Give Aid Unwillingly.
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.
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
"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
"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
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.
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
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
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
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 '
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.
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.
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.
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.
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.
Nan Patterson Given
Day of Torment
Actress Accused of Young's
Murder Is Very Cool,
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
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
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
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.
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
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?"
"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
"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?" . .
"He gave you $2S00 to come Ea3t for
two weeks?
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
"Young told you that you were only
going to pretend to go away?"
"And you had no Intention of going
"You were only to pretend to do so to
deceive Young's friends?'.'
"You knew all this time, that Young
was a married man?"
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
"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
"I cannot say how much."
"He was a most generous man, wasn't
'Had to Go to Europe.
"Now, at th'e race track Young told you
that they had trapped him?"
"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?"
"He did not say then that he was
'trapped because he had the tickets?"
"But he told you on June 3 that they
had bougnt the tickets; that he was
trapped and would have to go to-Europe?"
"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
"Did Young ever say his wife might be
a murderess?"
"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?" ,
"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?"
Mlse Patterson said that when she told
Young she would follow lilm to Europe
Concluded -on Pace- four.)
Referee Makes Decision
in 20th Round.
Nelson Takes Punishment
Gamely; Weakens at Finish.
Californian Given Credit for Cleaner
Hitting and the Greater Number
of Counts Scored Dane Did
Best at Close Range. .
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
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.
Fighters Under Stipulated Weight
of 132 Pounds.
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.)