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Oakland Tribune (Newspaper) - November 24, 1912, Oakland, California I 0u (dun i. VOL. LXXVIII. vanity Fair Sunday, OAKLAND, CALIFORNIA, SLNDAY 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 Writjifjandate 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- terday by Assistant District At- torney Walter J. Burpee of Ala- i meda county, refused to grant a T writ of mandate to Stephen J. Sill, one of the Democratic elect- ors, compelling a canvassing of the votes in two Oakland pre- cincts 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 fol- lows _ "It is ordered tnai rer as far as it relates TO mat- ters concerning precincts 64 and 103 be and it is hereby sus- tairie'd, application for a permanent writ of mandate be and is hereby denied, and the al- ternative writ of mandate here- tofore issued, be dismissed." DECISION ELABORATE. The opinion rendered by the court covers ten typewritte pages, and goes at some length Into the question raised by the attorney for Sill, who claimed that the tally Hats were the only rec- ords entitled by law. They contend- 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 Trlb- uml of the Seme Monsieur Monier presiding judge, has rendered a de- cision in the suit brought by Mis. H Sellers McKee, -nife of the Pittsbuig millionaire and mother of Hart Mc- Kee, formei'husbahd'of Mrs Cornelius Baxter Te-Us Mc-Kep against her for- mer daughter for the separa- tion of the little 6-j ear-old son of the Hart McKees from his mother, on the ground that the child cannot be prop- erly brought up m the custody of his mother. Mrs Sellers McKee bi ought no charges against Mrs Baxter Mc- Kee, merely claiming In her complaint that records of the court proceedings haye shown that tho mother b> her own acts, had rendered herself abso- lutPlx- unfit to n the rh'lrl In possession. The judgment of the court is most and one rirely talcen except In extieme instances It orders the McKee Jr in chaige of the eminent Pro- (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- peated to Him. FORT WORTH Tone Nov 23 Sensa- tional new testimony will be given by John Beal Sncad when he goes on the witness stind Monday In his own de- fen--n for murrlor of AI O Boyce Sr Sncad will tell tho jury of statements Captain Boyco made to Mrs Snead and repented to Snnad by his repentant wife at Winnipeg after her elopement Tslth Al JJojcc 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 trlnl has made It necessary for the unense to play Its final card Court recessed at noon today until Monday without any evidence of Import- ance being Introduced Congreuman Knowland Is Slightly ImproTtd Alamedan Is Still Uimbfe to Sit Up as Result of Nervous Breakdown. en months' ILHlesa of and complUurtlons. E Albania's Proclamation of Independence Is Diplo- matic X- X-v 'Sh. i H MOTIIKK ACCOMPAXTINO CORPSK OF SON. AT..AMEDA, Nov .T II. Knowland Is slightly improved over yesterday He nnnsed last night nbout the most restful and satlsfac- t. _ _ i" LIU "hp nl7n bond" of the Krlp .r... road Company for nearlv double that fessor Chauvet, In the Kue Franciscuo 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 Dur- 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 coiyt records, Mrs Sellers McKee attention to the details of the suit Mrs Baxter Tevls McKee brought against Narib Pasha According to the rec- ords, this Turk was most friendly with Mrs Baxter McKee during the divorce proceedings against Hart Mc- Kep and loaned her mnnev ftt that time amounting to for Btlll unable to The congressman Is sit up and the Jm- amount ns t" he chiefly hy the trained of a physician and nurses Even nhonld continue to mend without tho smallest backsets he will i prisoner In bedroom all of veek fltid 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 fhem, Alexander Weems a manufacturer of beds and tysftdlnic, to- day of his nephew, H S who shot Mrs Eswfin Bmggot of Los Angeles, and at Mo- am. Springs near Nev 'Tie is a stranpejylb the famllj, con tinned I would prefer not to "peik "f The not he brought to Balt- imore herald In answer to a question is to whether It would be burled from tl e 'lOffle "f Afr" TnT n >v i i i i i i KIIOU wini tne of the body will be he eon- pfmlerl Pestilence Damaged by Earthquake BATTLES WITH FOOTPAD AND IS BADLY WOUNDED 0. M. Riordan Brepfis Robber's Nos lfe business, professional and fiatertal and church yesterday at his home, 416 Oalcljtfld after sev- heart trouble For twjfJty years Marcuse conduct- ed an business, following his cornlps to this city from Son Fran- clspo In 1879. Later ho engaged In brf, practice and handled collections From tho time of his arrival until his rlenth he mMntnltieri nn ifflee nt Broadwny During the last two yean. Mrs Marciifie i graduate In law, hid been associated with him in a pro- fessional Tied Walters has long boon connected with Marcuse's office No man was better knoivn In Oak- land than thi- decedent Of unusually build he attracted attention fm tho Htreotn, and he known as u hiwyer of keen Judgment wns a trustee, of the First ITfhrew Congregation until two weeks li OUIlt of his hr rr-lcriinl rn falling- condition He also a member of tho Independent Ordnr of B'nal B'rlth lodfre of Masons nnd of University He was born In Berlin G1 ngo nnd came to Cnllfnrnia In r Hldlng In San Vranclsco until his re- moval here Besides his wife. Mrs. Hmy Mtircnsp thero htm nlxters, Mrs. .Tennto Walter nnd Mrs Walter nnd two brothers. .Tullui and P all of San Francisco rnnrril irri ircr bo hi Id at tho fam'lv residence Tuesday morning at 11 o'clock. Kabbl Morris Frlndlrmdof of the First Hebrew Congregation of- ficiating Berlin Newspapers Admit the Situation Is Serious am) Conflict Is likely ONDON, Nov. -A new war cloud more dreadfully ominous in its possibilities than tfte 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 banterings and jealousies. Austria, Germany and Russia are calling their men trf the col- ors Servia's scarred? army is in the field with it arid supporting it are the victorious legions of the Bulgars, the Greeks and the Montenegrins. The Agdtrian 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- ficial 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 Ser- vian frontier. Reservists are r reporting for duty at every mil- itary 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 Vtama that German rusenrfcU have been called out. Thp Austrian pretia has the rrv of hostiSltv towird the R 11 1 an offlcal orisni armed action The di partiirn of the flotilla ported fronting n M- Htition In Budapest. Its effect In don diplomatic circles li no nouncod tonight All the employes of Employes of Mining Co. to Diride nriADWOOD. H n, Nov :i_The Tlome.teart Hold Mine today announced (Cont'd on Page 18, Cola. t Eugene V. Debs Is UnderJfodictmeat F. D. Warren. Publisher peal to Reiuion, Un- der Arrest. that and OIRXRD Kn- D n IIIIIIIIHI i ill (no J R shepnira, for Wmf- werr at rested todav on wanrMiU thorn with TW of Jn.ttoe spirited nn Important wltnoiw Indictments -etnrnefl two tli O ITV t it i" Ire tow n of tncp r I arr
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