Oakland Tribune (Newspaper) - November 24, 1912, Oakland, California I dun i VOL vanity Fair Sunday OAKLAND CALIFORNIA MORNING NOVEMBER 24 1912 52 TO 24 NO 96 AUSTRIA GERMANY AND RUSSIA CALL THOUSANDS OF MEN TO COLORS IN PREPARATION FOR THREATENED WAR KIM ON v Appellate Court Overrules Stephen Sill's Petition for Returns From Precincts in This County Will Not Now Be Changed I SAN FRANCISCO Nov 23 District Court of- Appeal in sustaining the demurrer interposed yes- by Assistant District At- torney Walter J Burpee of i meda county refused to grant a T writ of mandate to Stephen J Sill one of the Democratic ors compelling a canvassing of the votes in two Oakland pre- and the cancelling of the returns in a third The Appellate Tribunal worked overtime on the decision which was not returned until 7 o'clock tonight and all day long the court officers waited for the justices to complete their work of delving into nearly a score of decisions all over the country The order of dismissal is as lows It is ordered rer as far as it relates TO ters concerning precincts 64 and 103 be and it is hereby application for a permanent writ of mandate be and is hereby denied and the writ of mandate issued be dismissed DECISION ELABORATE The opinion rendered by the court covers ten pages and goes at some length Into the question raised by the attorney for Sill who claimed that the tally Hats were the only ords entitled by law They ed that the certificate signed by the election board was a secondary con- sideration Also the point was made that the loss of the official returns French Court Separates Son and Mother Latter Is Declared Unfit Famous Beauty Is Object of Attack by Her Former Mother-in-law Nov First of the Seme Monsieur Monier presiding judge has rendered a de- in the suit brought by Mis H Sellers McKee of the millionaire and mother of Hart Kee Mrs Cornelius Baxter against her for- mer daughter for the tion of the little son of the Hart McKees from his mother on the ground that the child cannot be erly brought up m the custody of his mother Mrs Sellers McKee bi ought no charges against Mrs Baxter Kee merely claiming In her complaint that records of the court proceedings haye shown that tho mother her own acts had rendered herself unfit to n the In possession The judgment of the court is most and one except In instances It orders the McKee Jr in of the eminent Continued on Page 18 Col 1 Wife's Story to Be Part of Snead Defense Accused Slayer to Take Stand and Tell What Spouse Re- to Him FORT WORTH Tone Nov 23 Sensa- tional new testimony will be given by John Beal when he goes on the witness stind Monday In his own de- for of AI O Boyce Sr will tell tho jury of statements Captain Boyco made to Mrs Snead and repented to by his repentant wife at Winnipeg after her elopement Al Jr after the weary hunt by Her husband and Burns detectives that lasted two months and the final capture In tho Canadian city Testimony showing Cap- lain Boyce guilty of conspiracy to rob Beal Sneart of his wife was allowed In Snead's first trial here last February but Its wholesale exclusion In tills has made It necessary for the to play Its final card Court recessed at noon today until Monday without any evidence of ance being Introduced Knowland Is Slightly Is Still to Sit Up as Result of Nervous Breakdown en months of and E Albania's Proclamation of Independence Is Diplo- matic X-v Sh i H OF SON Nov T II Knowland Is slightly improved over yesterday He last night the most restful and t i LIU hp bond of the r road Company for double that Chauvet In the Kue Sarcy hv January 1 1913 to live In his family and be educated For only six months of each vear the mother Is to be permitted on the first and third Thursday of each month to take the boy out from 10 o'clock in the morning until C in the evening have her boy with her one month and the father is to have the boy one month also In asking for judgment upon the facts contained In the records Mrs Sellers McKee attention to the details of the suit Mrs Baxter McKee brought against Pasha According to the ords this Turk was most friendly with Mrs Baxter McKee during the divorce proceedings against Hart Kep and loaned her ftt that time amounting to for unable to The congressman Is sit up and the amount ns t he chiefly hy the trained of a physician and nurses Even continue to mend without tho smallest he will i prisoner In bedroom all of veek longer Continued on Page 18 Col 2 Says Suicide Was Stranger to Family H S Weems Who Shot Woman and Killed Self Repudiated Statement BALTIMORE Nov repudiated family ated hj Alexander Weems a manufacturer of beds and day of his nephew H S who shot Mrs of Los Angeles and at am Springs near Nev Tie is a the con tinned I would prefer not to peik f The not he brought to imore herald In answer to a question is to whether It would be burled from tl e lOffle f Afr TnT n i i i i i i wini tne of the body will be he Pestilence Damaged by Earthquake BATTLES WITH FOOTPAD AND IS BADLY WOUNDED 0 M Riordan Robber's With He h Shot I N a desperate struggle with an unidentified man streets of Chinatown at 10 o'clock last night David Mf Riordan a brewery wagon driver was shot under after he had assailant through the left wrist the latter's nose with a terrific blow of his fist is at the Receiving Hospital hovering Between life and his assailant who gives the name of George Brown is in city prison apparently feigning a comatose condition but a vague description of his past shooting occurred on the north side of Sixth street be- tween Webster and Harrison where the darkness is intensified by trees Riordan and his landlady Mrs Amelia Feely were ing together in the direction of the lodging house at 621 Jackson street when the bandit approaching from the opposite direction suddenly halted them He wore no mask but carried a revolver in one hand at his side a fact not at first noticed by either dan or Mrs Feely DEMANDS MONEY DOESN'T WANT WATCH Old said the bandit I want your money I don't care for your watch or any jewelry and I won't disturb the lady but Max Marcuse for more thirty Identified with business professional and and church yesterday at his home 416 after heart trouble For years Marcuse ed an business following his to this city from Son In 1879 Later ho engaged In brf practice and handled collections From tho time of his arrival until his he nn nt During the last two yean Mrs i graduate In law hid been associated with him in a Tied Walters has long boon connected with Marcuse's office No man was better In land than thi- decedent Of unusually build he attracted attention fm tho and he known as u of keen Judgment a trustee of the First Congregation until two weeks li of his hr rn condition He also a member of tho Independent of of Masons nnd of University He was born In Berlin ngo nnd came to In r In San until his re- moval here Besides his wife Mrs Hmy thero Mrs Tennto Walter nnd Mrs Walter nnd two brothers and P all of San Francisco irri bo hi Id at tho residence Tuesday morning at 11 o'clock Morris of the First Hebrew Congregation of- Berlin Newspapers Admit the Situation Is Serious am Conflict Is likely Nov -A new war cloud more dreadfully ominous in its possibilities than one now hanging lightly on the final efforts of two spent forces has suddenly reared itself over Eu- rope out of a maze of diplomatic and jealousies Austria Germany and Russia are calling their men trf the col- ors Servia's army is in the field with it arid supporting it are the victorious legions of the Bulgars the Greeks and the Montenegrins The Danube flotilla two two torpedo boats four gunboats is rushing down the Danube to Belgrade under full steam The despatch of these vessels is shrouded in secrecy so far as of- e x p 1 a n ations are con- cerned but their mission is plainly a hostile one MEN UNDER ARMS Austria tonight has troops on a war footing of them are massed on the vian frontier Reservists are r reporting for duty at every post in the country To the Austrian frontier an rushing thousands of Russian i troops as fast as they can be mobilized The e s t i strength of the Czar's groat army is men It is announced from that German have been called out Thp Austrian has the of the R 11 1 an armed action The di of the flotilla ported fronting n M- In Budapest Its effect In don diplomatic circles li no tonight All the employes of Employes of Mining Co to H n Nov Hold Mine today announced Cont'd on Page 18 Cola t Eugene V Debs Is F D Warren Publisher peal to Un- der Arrest that and D n i ill no J R for werr at rested on thorn with TW of spirited nn Important Indictments two tli O ITV t it i Ire tow n of r I arr or s f to Mite of the t IT thr ie Ir tin- Ir TTI shell out quick All you can have it While Mr Feely with terror put both hands In his pockets and pre- tended to be searching tor al the sime time Ing i on the bindit Thinking hi I Tl caught the man off guird Illordan launched i it the while at the sime Mrs IV K the r and Riordan T haven't got much but I for a It would I Its employes with 000 V was M announcement was bv the same time He bo ent Orler of the employes of or ir be given nn Tlie aro to to 7 per cent of the fmm he has months and grow wit of in wages during the 5 ear mid- M Appeal open to employes who the of the il gift I are or payroll and the prison The old dli p Will be distributed the before I Warrm afc 1 f tnr fighting fur the p hit followed Ti i I s nis for The shut wild the net oml re- the mans left wrist and third Ired both men lung to fh s bro ist inot tif low h Tt i tin il tho tlu av fell to t li i K ni Single Blow Ends On White House Grounds t I 1 ak i bio h f mr ti Kurth j K of r ir b i a clinch on t age 18 hr i Af into b li i r Ming of a rln fight In the Mous nt an hour morning has r unds all Tlu T Mtv r nt A pnr