Transcript
Page 1: SEVEN NEW SERGEANTS THRASHED BY A JUSTICE THE … · ana middle sections should be represented, and after an endless amount of work he overcame the obstacles in the wayof the project,

SEVEN NEW SERGEANTSThree Detectives, Two Corporals

and Sixteen PolicemenAlso Named.

CROWLEY IS RE APPOINTED.

Four Sergeants and Fifty-Eight Police-men Yet to Be Named by the

Commissioners.

The Board of Police Commissioners,through Chief Crowley, announced yester-day the appointment of seven new ser-geants, two corporals, three detectives andsixteen patrolmen. Chief Crowlev wasalso reappointed, making the ninth con-secutive time this honor has been con-ferred upon him since the office was placedat the disposal of the Police Commission-ers. The names of the new officers andpatrolmen are as follows:

Sergeant.*—

C. I",lihuiek, John Mooney, M. O.Anderson, Htrnard McManus, C P. Wright,Charles MePu-.iaM, Robert Marshall.

corporals— John Green and HfirryGleason.Detectives

—A. Anthony, Thomas Dillon,

diaries Crockett.Patrolmen— John B. Htird, 30, American,

horseman; John Phelan, 33, Ireland, laborer;Henry C. Schmith, H4. California, drayman;Jacob L. Kelson, 33, Norway, fireman ;HarryKiley,27. American, farmer: Marcus Ander-son, 29, Prussian, gripnian; Gregory i*.Kelley,•26, California, printer; John P. Hertily. 26,California, clerk; William McCottrey, -t>, Cali-fornia, gaslitter: Frank Kenville. -3, Califor-nia, farmer; John S. Hart, 30, Ireland, team-ster; John B. O'Connor, 83, California, clerk;A.J. F. Nolting, 35, California, shipping clerk;Patrick Sullivan, -~, Ireland, laborer; Jere-iiii'ihDonovari. 3~>, American, laborer; liugeneC. Robinson, '29, California, clerk.

Of the new sergeants Blanck, Mooney,McDonald, Anderson and McManus aretaken from the ranks, while Wright and.Marshall were formerly corporals. Ander-son and .Mooney have been detailed toserve under Captain Gillin, and Blanckand McManus are placed in Captain Witt-man's district. Sergeant Wright is as-signed to otfice duty. Marshall noing inasdrillinstructor. Sergeant McDonald w.llcontinue the duties he so long faithfullyperformed as patrolman, namely, keeper<>f criminal records.

The new corporals. Green and Gleason,bave been assigned to duty in the Chief'soffice. The newly appointed detectives,Anthony, Dillonand Crockett, have beendoing detective work for the last eight

-. drawing only the pay of patrolmen.They are now placed on regular pay.

There are four sergeants" and fifty-eightpatrolmen yet to be named by the Com-missioners. It is understood that theseappointments will be made at once, inorder to bring the force up to the fullstrength allowed by law. For the posi-tions already tilled and now remainingopen there have Keen over •_'<»! applica-tions. Ithas been no easy matter tor theCommissioners to segregate from thisnumber the ninety men required underthe new law. Chief Crowley, however, ishighly pleased with the appointments andsays that, considering age, experience andphysical condition, a better lot of mencould not have been named.

Chief Crowley was in excellent, humoryesterday. rlis-resppointment marks thebeginning of his twenty-fourth year asChief ?i Police of San Francisco. Underthe old election system he held office sevenyean and then failed of ejection. He wasout six years.

When tlie Board of Poiice Commissioner< was established Mr. CrowJey made avigorous ti^lit for the oirice of Chief, andthoagb be had a Democratic Board to dealwith, secured the appointment. This wasfcixreen years ajro and ho has since heldthe office without interruption. Duringtwelve years of this time he had to dealwitha board of Democratic Commission-tvs. yet, regardless of party ties, he hasbeen reappointed and tnat, too, with hutlittle opposition. Chief Crowley feels thatthis is strong indorsement of in.-; <? fiiciencyand rimes.- for the office <>f Chief of Police.

Captain Gillin's new district extends tothe Potrero on the south, thence alongChannel t <» Eleventh, along that street toMarket, out Market to Waller and thenceto the County line.

A PISCATORIAL QUESTIONCourts to Decide Whether the

Steelhead Is a Salmon ora Trout.

Dr. D. S. Jordan and the FishermenDisagree as to Which Family

It Belongs.

The question whether the "steelhead"belongs to the salmon or the trout familywill soon be settled in court. Dr. DavidStarr Jordan, the renowned piscatorial ex-pert, now at the head of the Stanford Jr.University, has declared that these fishbelong to the trout family, but the fisher-men, not those who fish for sport, butthose who catch fish for a living, have de-cided that the steelhead is a salmon.

Up to 1890 the steelhead was regardedas a salmon, but Dr. Jordan, after an ex-"haustive research, passed judgment thatthe public had been in error. At the lastsession of the State Legislature an act was

•passed prohibiting the sale of any troutbetween November 1and April 1, but thepossession of trout when taken with ahook aud line in tidewaters could not beconsidered a? a violation of the law. As arule nearly all the steelheads were caughtwith nets in the rivers when they ran infrom the sea to spawn. These fish beginto run inabout the Ist of December, andtney always return to the ocean beforeApril1.

The Fish Commissioners have decidedto enforce the law passed at the last Leg-islature and on Saturday Deputy Babcocknotified all of the fish-dealero that if theyattempted to handle or sell any steelheadtrout they would be arrested. This actionis not based upon the Commissioners'opinions but uppn the law as itstandsand the decision of Dr. Jordan that thesteelhead is a trout.

The fishermen and fish-dealers did nottake kindly to this edict and on Sundaythey held an interesting meeting, atwhich itwas decided ibat they would rightthe Fish Commissioners and Dr. Jordan'sopinion in the courts. Money was at oncesubscribed for a lawyer's fee and a com-mittee, consisting of A. Paladini and A.Inguglia, was appointed to engage the ser-vices of a competent attorney.

Yesterday the committee called uponDeputy Babcock and notified him of thestand the rish-dealers had taken. Theysaid that in order tomake a test of the caseas soon as possible they had sent word tothe fishermen to forward the very firstcatch. When the first steelhead arrivesthey willnotify the Deputy Commissionerto whom they "desire to sell the iish, and inorder that the evidence may be completethey will give him a bill of sale of thearticle and surrender as soon as there is awarrant out for the arrest of any of theirmembers.

This action on the part of the fish-dealerswas no doubt hastened by the arrest of afisherman on Eel River, in HumboldtCounty, by Deputy Huestis. The fisher-men state that the* offending captive wasacquitted by a jury last Saturday. One ofthe Eel River men came to this City andbrought with him a purse raised to assistincontesting the test case in this City.

The contest of the fishermen will prob-ably be based on these lines: That the

flesh, appearance and habits of the steel-head are Inall respects similnr to those ofthe common salmon. When it runs infrom the ocean to spawn it is fully ma-tured and is an excellent and cheap foodfish. About 1,000.000 pounds of these fishare caught and used for food every year.Ifitshould be officially established thatthe steelhead is a trout and not a salmon,and ifthe present law regarding the catch-ing and selling of trout is applied to stefl-heads, the public willbe deprived of 1,000,-

--000 pounds of fish food, because the steel-heads come and go during the closedseason. All that the public would receivefor this peculiar protection of steeiheadswould be brook trout, the offspring of thesteelhead, and these in turn would run outto sea as soon as the next season's freshetsbegan to flow. In other words, it isclaimed that the public would lose a mil-lion pounds of good cheap food fish andhave nothing to show for the loss.

The Fish Commissioners on the otherhand will present the law upon the pro-tection of trout and contend that the steel-head is of that family under Dr. Jordan'sdecision. Dr. Jordan and Dr. C. H. Gil-bert of Stanford College willbe summonedas expert witnesses for the Commissioners.

PRIZES FOR CALIFORNIA.Gold, Silver and Bronze Medals

and Diplomas Won atAtlanta.

List of the Successful Exhibitors WhoCompeted With the World

in Georgia.

California has covered herself with gloryat the International Cotton Expositionheld at Atlanta, Ga., and has won moremedals, honors and diplomas than any

other State in the Union. Los Angeleswas the first to go to the front on theproposition of sending an exhibit of Cali-fornia products to the exposition, and fora time it looked as though only thesouthern part of the State would berepresented.j.A. Filcher, manager and secretary of

the State Board of Trade, located in thisCity, was determined that the northernana middle sections should be represented,and after an endless amount of work heovercame the obstacles in the way of theproject, and carried to the Georgia fair oneof the finest exhibits that was ever col-lected in the State. Itwas through Mr.F ileher's efforts that all parts of the Stateconsolidated in the undertaking.

The labor involved and the money ex-pended has been amply repaid by Cali-fornia carrying off more prizes and honorsthan any other State. The following listof competitors who won prizes, etc., willsatisfy almost any one that the exhibitfrom California was made to a very goodpurpose:

The grand gold medal— To the State of Cali-fornia for a comprehensive exhibit ot thenatural resources of the State, including theexhibits of the California State Board of Tradeand the Los Angeles Chamber of Commerce,and forefficiently promoting the objects of theexposition.

Highest awards and gold medals—

CaliforniaState Board of Trade, fruits and farm products,etc.: California Stale Board of Trade, agricul-tural exhibits of the State; Ellwood Cooper,Santa Barbara, olive oil; Lucerne Vineyard,raisins; Mr:-.O'Hara, leather portieres.

Highest in their class— Silver medals—Bus-by's olive grove. Concord, olive oil;GeneralJohn Bidwell, wheat and other grains grownfrom seed furnished by the United States De-partment; Chamber of Commerce, Los Ange-les, fresh fruits, fruitin glass, vegetables, etc.;Edward Goodrich. Santa Clara, olive oil: How-land Bros., Pomona, olive oil;Frank Kimball,National City, olive oil;Spreckels' sugar ri<-flnery,San Francisco, beet sugar; Thermalitoolive grove, Butte County, olive oil; W. W.Bliss, Los Atucelef.dried fruits (peaches, plums,prunes); Duarte (Monrovia) Orange Exchange,Valencia late oranges; Jennie Ryerson, LosAngeles, Spanish and Mexican drawn work;Miss Livermore, San l'rancisco, burntengraving decorations ; 11. J. Flick-enirer, San Jose, fruit in cans ; RubyHill Vineyard Company, Cabernet; Ti-burcio Parrott, White Burgundy; Wetmore-Bowen Company, three medals, on ChateauYquem Souvenir, Crests Blanca Sauterne, St.Julien Souvenir; California. Stato Board ofTrade, citrus and other tropical fruits pre-served; California State Board of Trade, min-er til resources of California; Mrs. E. Shields,Sacramento, dried and evaporated fruits; l'or-terville Horticultural Society ,Ferris wheelandsurroundings: Los Angeles Chamber of Com-merce, orange tower; California State Board ofTrade, miscellaneous products; 11. J. Woola-cott, Los Angeles, claret; W. W. Bliss, Los An-geles, dried fruits; Los Angeles Chamber ofCommerce, fresh fruits, fruits in glasses, vege-tables, grain, wine,sugar and nuts invariety.

Award of bronze medals, second in. theirclass— Mr-. A. EL Lansingh, Los Angeles, silkculture; W. W. Bliss, dried fruits artisticallyarranged; Mrs.A. A. Lansingh, Los Angeles,raw and spun silk; H.A.Lawton. Los Angeles,fountain-pen; George W.Broad back, Los An-geles, comb honey; California CondensedJuice Company, Los Angeles, condensed sweetMuscat grape juice, etc.; R. llickmott, Oak-land, asparagus; Mrs. A. A.Lansingh, Los An-geles, silk cocoons: George A.Beits, OrangeCounty. Eureka lemons :Bishop & Co.,Lob An-geies, fruits inglasses: Chino Ranch Company,Los Aneeles, sugar from the beet; VenturaCounty, field and garden beans; William V.Lamphar, Los Angeles, mescal libers;A. McCormick, Tiopico, Irish potatoes,second crop, 1895: Mrs. W. H. Strong,Whittier, pampas plumes and trasses;San Jose Board of Trade, field and garden seed ;J. H.Cammock, Whittier,collective exhibit;'J.Gundlach '&Co., Cabernet Savlgnon-Medoc; B.ll.lTpham, Burgundy red; Inglenook VineyardCompany, claret: Los Angeles County, freshfruits, fruits in glass and dried fruits; Califor-nia State Board of Trade, almond*, walnuts,olives, chestnuts and peanuts; Bishop &Co.,fruits in glass, preserved in syrup; S. R. Thorpe,Los Angeles, apricots; California CondensedJuice Company, Los Gatos, condensed sweetMuscat crape juice; Los Nietos Ranohitos,Walnut Growers Association, English walnuts,thinskinned.

Honorable mention— Barnard, Densmore <fcCo., jams, jellies, marmalades, crystallizedfruits; \V. \Y. Blisn, Duarte, dried fruits; K.S.Tliaeker, Ojai, Mediterranean sweet oranges;California State Board of Trade, vegetablesends ingreat variety ; Bishop «fc Co.. Lot Ange-les, prei-erved citron of commerce; G. 8. Spear,I,os Angeles County, Tokay and Muscat grates;Stephen Martinelfi, Watsoiiville, apple cider;Tiburcio Parrott. Burgundy; Ruby IlillVine-yard Company, Zinfundel; William V.Lamp-har. mescal; California State Board of Trade,ornamental receptacle for plants; CaliforniaState Board* of Trade, small fruits inglasses;Mrs. H. W. R. Strong. English walnuts; Nicho-las Cochems, almonds.

BATHED IN THE TANK.Complaint Made to the Police by the

Principal of the Garfielcl J'rimarySchool.

Miss Marj' A. Schever, principal -of theGarfield Primary School, on Union street,between Montgomery and Kearny, made acomplaint at police headquarters yesterdayafternoon about the conduct of a numberof young hoodlums and asked for policeprotection. She said she had complained

to a sergeant in the district, but he hadpaid no attention to her.

The hoodlums were constantly annoy-ingand insulting the pupils attending theschool, besides breaking the windows anddoing other damage.

On Saturday they hud emptied the ash-barrels and scattered the contents over theyard. They had done worse by bathing inthe tank containing tne water used fordrinking purposes by the teachers andscholars. They were Been by some of theresidents in the neighborhood of theschool, and the water itself gave sufficientevidence of the fact.

A special watch will be kept on theschool, and ifany of the young hoodlumsare arrested an example willbe made ofthem.

An Unpaid Detective.Anthony McLean, whose suit fora divorce

from Carrie McLean caused- something of asensation some months ago, linow being snedby Charles W. Dowling for $557 for detectivenirc. Dowlingallege* that he was hlr«»d to doprivate detective work on the case for Mc-Lean, but that he has never oeen paid forhisservices. What his work was Dowling doesnot say in his complaint; he merely allegesthat he did the work and wants the moneyfor it.

REVENUE OFFICE CREATED.Appointment Given to Commo-

dore Hooper of the CutterFleet.

Secretary Carlisle Makes Him Super-intendent of

"Construction at

This Port.

Commodore Calvin L. Hooper of therevenue cutter fleet has received the ap-pointment from the Treasury DepartmentofSuperintendent of Construction for<hePacific Coast.

This is an offica created but recently,and Secretary Carlisle considers it an im-portant one. The idea of economy haslind something to do with the making ofthe office. Heretofore commanders of therevenue cutters have been fa the habit, itis said, of putting in -equisitions for what-ever repairs they thought were necessary,and sometimes they ran up some prettyhigh bills against the Government. Com-modore Hooper's duty willbe to see, inthe future, that only such repairs are tobe made as are absolutely necessary for theseaworthiness of the fleet, and the propercomfort ofthe officers and men.

The senior officer of the tiect, who hasjust been given this position, lias been inthe revenue cutter service tor almostthirty years. He is going on toward 80years of age. He first came to the Califor-nia coast for duty in lßSti. His home is inOakland.

Last season no war vesspls vrere sent toAlaskan waters, the work of patrolling tbecoast and islands and keeping out seal-poachers beinu a;- signed to the revenuefleet, with Captain Hooper of tne Rush incommand. MSittol the tlacsiiip Rush,there were in the fleet the Bear, Corwin,Perry, Walcott and Grant.

Whenthe fleet returned Captain Hooper

went on to Washington at once, and therehe was given his appointment. He is nowon his way back to this City, by way ofPort Townsend, and may arrive at anytime. Custodian Wise of the Governmentbuildings willprobably findhim an ofheein the Appraisers' building on the fourthfloor, unless itmay be thought more con-venient to have office at the Potrero.

The prospective buildingof the two newrevenue steamers here, one to coat $200,000and be for coast service, and the other tocost $,30,000 and to take the place of theHartley in the harbor, has probably servedas one reason for Secretary Carlisle's crea-tion of the office here of superintendent ofconstruction.

Quite a number of changes are antici-pated in the revenue cutter service, but itis not expected that any willbe made untilthe court-martialing of Captain Healy,late of the Bear. Several of the older offi-cers may be retired, as the last Congresspassed an act lixing an age limit and re-tiring officers over VJ.S years of age. Here-tofore superannuated officers were simplyplaced on "waiting orders" at three-fourths pay; but those who are to so onthe retired list willreceive only half pay.

Captain Healy was a visitor to the Cus-tom-house yesterday.

THRASHED BY A JUSTICEAttorney Newberg Arouses a

Large- Amount of JudicialWrath.

HE MADE SLURRING REMARKS.

An Encounter in Which Justice ofthe Peace Groezinger Played a

Star Part.

Justice of the Peace Groezinger demon-strated yesterday that the "strong arm ofthe law"' is not a mere figure of speech,and that when occasion requires he canuphold the dignity of his position in amanner calculated to give his critics a

proper realization of his prowess.Attorney Newberg was the person who

aroused the judicial ire, and in future willprobably confine his comments to a sotto

voce or the privacy of his home. Newbery

was the attorney for Sadie Nichols, whowas charged by Elizabeth Blake, an elder-ly widow, with fraud in connection with achattel mortgage transaction, and whowas sued by the widow for the return ofthe money that changed hands in the mat-

ter.The Judge decided that a receiver for the

property was necessary and appointed oneto take charge of it. Newbery carried thecase to the Superior Court, and not beingable to procure a reversal of the judgmentseemed to think that ho had teen badlytreated and began to make caustic com-ments on the ability and personality of theJustice.

The latter paid no attention to the mat-ter so long as they did not reach his earsdirect, but he drew the line when Newben;began to abuse him within hearing dis-tance.

The strained relations between benchand bar reached a climax yesterday whenNewberg, who was descending a stairwayat the New City Hull just behind hisHonor, made a slurring remark thatreached the judicial ears. Quick as a flashthe Justice turned and seizing Newberg bythe collar prepared tochastise him soundly.

"You have insulted me long enoughboth behind my ba;k and to my face,' 1hethundered, "and Ipropose to show youright here that Iwillnot be slandered bysuch a specimen as you."

The Justice's ri^lithand wont back as iffora blow and the spectators expected tosen the writhing attorney felled to the door.

The judicial mind changed, nowever,and instead of striking Newberg Mr.Groezingor seized him with both handsand, shaking him until his teeth rattled,

thrt-w him from him with great force, re-marking:

"Now let that be a lesson to you anddon't ever speafc to me or of me except inoven court."

The force of the push sent Newbergagainst the iron railing of the stairway,whence he slipped to the floor.

The encounter was over so quickly thatthe frightened Newberg had barely time

to yell "I never said anything againstyou" before Justice Groezinger went off inhigh dudgeon, vowing if the offenseswere repeated to administer a soundthrashing.

Justice Groezinger, though not abovemedium height, is compactly built, andan eariy athletic training has hardenedhis muscles to such an extent that hemight handle much heavier men thanhimself. The object of his wrath is muchlarger than the Justice, but will probablyheed the warning and avoid treading onthe judicial coat-tail.

THE BIBCOCK'S MASCOTCaptain Graham's LittleDaughter

IsSo Considered by theCrew.

One of Uncle Sam's Clippers That Hada Terrible Time in the Far

South.

The American ship W. F. Babsock, nowdischarging at Green-street wharf, is oneof the handsomest vessels in port. Inspite ofan unusually heavy experience inrounding the Horn she came in throughthe Golden Gate as spick and span as ayacht. In attempting to catch a favorablewind Captain Graham took his ship awaydown to61 degrees south, and although fordays everything was frozen hard, not aman on board was the worse for the expe-rience.

The captain is accompanied by his wifeand little daughter. The latter is calledthe mascot by the sailors, and they saythat had itnot been for her the good shipwould never have pulled through. Therewas a goat aboard during thi3 voyage fromLiverpool, and every day in the week, rainor shine, snow or hail, littleGladys had tovisit her pet. When her father was onthe bridge navigating the ship the littlebit of a tot

—she is not 3 years old— would

insist upon making her daily call at thegoat's pen, and one of the bigburly tarswould take her in his arms and carry hergingerly to where her precious charge washoused. Everybody on hoard the Babcockmakes a pet ofGladys and her orders areobeyed with far greater alacrity than thoseof her father.

"I*iall my experience as a seaman."said Captain Graham yesterday, "I neverhad such a hard time*of it rounding theHorn. Itwas one gale after another, andwhen we ran away south the ropes frozein the blocks, and for about twelve hourswe could not work the ship. Some of the

men pot frostbitten, but not seriously; butonce we not a straight slant for San Fran-cisco it did not take us long to comebowling alon?.

'From San Francisco the Babcock will

co to Honolulu to load sugar for NewYork or Philadelphia. The factoriesback East are all short of raw mgpt andthe chances are that quite a number ofAmerican vessels will follow the Bab-cock in rapid succession. The careo ofcoal now aboard may not be all taken out,as this market is glutted, and black dia-monds command a good price in Hono-lulu. Ifan understanding with the own-ers can be readied Captain Graham willtake a certain quantity of his load to theislands instead of ballast. »

The \V. F. Babcock was named after thegentleman of that name who died in SanFrancisco some years ago. His son stillresides here and retains n considerable in-terest in the ship. She was built in Bath,

Me., by Arthur Sewell it Co., and is 2&)

feet over-all, 44 feet beam and 28 feet deep.During her long career at sea she hasnever been seriously disabled ana is nowone of the fastest ships afloat. She is aline sample of the American merchantmarine.

Belonging to the same syndicate andbuilt by Sewell &Co. are the Shenandoah,which sailed a few days ago; the Susquehanna, now in port; the Roanoke, now onher way here; the Dirigo, the only steelship ever built in America, and also onherway here; the John Rosenfeld and theWillieRosonfeld, named after the fatherand son of the well-Known firm of JohnRoscnfeld's Sons, and about eight or nineother clippers.

The Dirigo is one of the finest ships ofher class in the world, and as soon ascommerce warrants it others of her kindwill be turned out. The Sewells have amagnificent plant inMaine, but itis shutdown now owing to the free-trade policyof the Government. Once any encourage-

ment offers, however, itwillbe started upagain and steel ships for Uncle Sam'smerchant marine willbegin to be turnedout.

Captain Graham's wifehas accompaniedhim for three voyages on the Babcock.During all that time she has been taking

lessons in navigation, and now she can"box the compass" and "shoot the sun"almost as well as the best navigator afloat.Her husband, however, insists that once ina while he has to correct her reckoningsand she retorts by sayinc that once in awhile he is wrong"himself.

LittleGladys was disconsolate yesterday.Her pet goat was sent over to Berkeley torecuperate. The stormy weather aroundthe Horn was too much for itand whenSan Francisco was reached ithad wastedaway to a shallow. Captain Graham haspurchased a substitute, however, and itand the child willsoon be friends.)

The average wages of skilled operativesInthe textile industries in Bavaria are 72cents.

THE DURRANT AFFIDAVITS.All the Papers Are Finished

and the Argument Be-gins To-Day.

CHANCES OF A NEW TRIAL.

Juror Smyth's Denial of NewspaperInfluence and of a Private

Visit to the Church.

The reading of the affidavits in JudgeMurphy's court on the motion for v newtrial in the Durrant case ended this morn-ins; and presentation of counter affidavitsby District Attorney Barnes began. Dur-rant offers no new facts or arguments insupport of hie request, and his solitaryallegation that unfair newspaper publica-tions during the trial injured his casestands practically unsupported by anyother statement.

There appears to be no new evidence,and the new witnesses that were in effectpromised are not in view. What the de-fense has in prospect cannot be imagined,but the whole fabric of argument in favorof the motion has been rudely shaken bythe few affidavits which the District At-torney offered yesterday in opposition.

Atthe opening of court General Dickin-son read a supplemental affidavit as or-dered by Judge Murphy, who objected tochanges or interpolations in the originalinstrument. This referred to the refusalof the court to issue citations to certainnewspaper men calling upon them to showcause why they should not be punished forcontempt, and* also to a disturbance at thetime Mrs. Vogel finished her identificationof Durrant.

"1wish to say that no such disturbancetook place," said judge Murphy. "Iwatched closely for such an outbreak, butnone came."

Atthe conclusion of General Dickinson'sreading Mr.Barnes read an affidavit reler-ring to Secretary McCoy's remarks toJuror Truman and for which the formerwas lined |2SO for contempt.

The District Attorney sought to showthat McCoy spoke in jest and that his re-mark was so regarded by both Truman andhimself, and the matter had no influencewhatever in the case. The District Attor-ney then offered his own affidavit,in whichhe admitted all the newspaper publica-tions, but denied specifically that theyprejudiced or injured the defendant'scase.

This was followed by separate affidavitsfrom all the jurors denying that theywere influenced by anything outside ofactual testimony offered in the courtroom.That of Juror Smyth was quite lengthy,and in it lie strongly denied that he hadread during the trial the newspaper articlesupon the case. He stated tliat he talkedwith the father of the defendant after thetrial and told him that his son's testimonyregarding the movements around the sun-burners impressed him unfavorably, andit was a physical impossibility for Dur-nuit to have done what he B&idhe did dur-ing the time tixed by George King.

Mr. Smyth also denied that he visitedEmmanuel Baptist Church during thetrial except in company with his fellow-iurors, the Judge, Sheriff and counsel.Regarding an article which appeared inthe Examiner he says:Ido not know Frank T. Cusack, who has filed

an affidavit in tills case, by name. Ido knowthat subsequent to the rendering of the verdictof the jury of which Iwas a member in theabove-entitled case, and after Ihad been dis-charged as such juror. 1 was interviewed at myrfsiik'nce by a gentleman who representedhimself as a reporter of The Call, but whomIhave since learned was not a reporter of TheCall. This was the only interviewIhad withany reporter at my house concerning the Dur-rant case. Perhaps this man was Cusack.

Neither at that interview with Cusack, if itwas Cusack, nor to any one else, at any timeor place, under any circumstances, did Ieverstate that Iwas deterred from asking any•juestions as a juror, or from doing or sayinganything from or by reason of any fear of orcomment by any newspaper or newspapers oranything else. Any sucu statement purport-iitji to emanate from me is unqualifiedly falseand must arise from entire misapprehension.

In his own affidavit th6District Attor-ney referred to the change of venue matterand stated that the defense failed to takethe proper steps at the proper time for themaking of application, and consequentlyforfeited all right to complain of the re-fusal to a request that in substance wasnever made.

At the conclusion of the reading of theaffidavits General Dickinson asked for twodays" continuance in which to prepare ar-gument. Judge Murphy considered thattime was Hying and the argument mustbegin this morning at 10 o'clock.

NOT OF THE SAME MIND.Methodist Ministers See Many

Meanings in the Word"Earth."

Rev. Donald Ross Was Too Youngto Speak and Dr. Frazer Was

Too Old.

"Jehovah—

His Name and His Person,"was the subject of a paper by ProfessorDay of the Presbyterian Theological Semi-nary, read

'yesterday before the Presbyte-

rian Ministerial Union.The speaker devoted much time to the

derivation of the word and said the pres-ent pronunciation was a linguistic mon-strosity. In discussing the paper, whichwas very learned, Rev. Donald M. Ross,moderator of the presbytery, said that thereasoning was deep and humanitarian andpleased him. "Alittlelearning," he said,'makes a man a Unitarian and a littlemore. makes him a tnnitarian." Rev.Donald Ross said he was too young todis-cuss the paper fully and Dr.Frazer said heconsidered himself tooold.

Dr.Frazer urged that seminary pupilsbe prevented from preaching in thechurches while students. A number ofother pastors passed remarks on this pa-per, including Rev. Duncan Munro andDr. Minton.

Methodist Preachers.Rev. W. 8. ITrmy stirred up a good

many contending views among the Metho-dist pastors yesterday morning by his re-view of Bishop H. \V. Warren's book,"The Bible in the World's Education."The reviewer indorsed the Bishop'streatise on most points until he came tothe question of whether the earth isliterally to be burnea up after the secondcoming of the Messiah. According to St.Peter it is to be burned. The Bishoptakes Bt. Peter's words literally. Rev. Dr.Urmy criticized this view as beingmaterialistic, and he quoted freely fromOld Testament writers to prove that theword "earth" is used in Holy Writ toHgnify the dwellers thereon.

Rev. Dr. Nelson said that Dr. Urmy hadviolated the rules of criticism in judgingone author's use of the word "earth" byOther authors' use of the same word. Rev.I). Jones said: "Idon't think he is rightin saying the earth shall not he burnedup." Dr. bovard intimated that in Ala-meila they had long since oust aside tin.*belief in any material burning.

At the conclusion of the discussion

Brigadier-General Russell of the Boys'Brigade urged the ministers to notice arendezvous which the boys will give at

the old Young Men's Christian Associ-ation building from December 12 to De-cember 17. He stated that each boy wasmaking some article for sale; that theyoungsters would sere lunch. J. If.Martin, the Boys' Brigade captain, spoketo the same effect, and both gentlemenreproached the ministers withhaving cold-shouldered the organization.

Congregational Club.Dr. E. S. Chapman of the Market-street

Congregational Church, Oakland, ad-dressed the Congregational Monday Clubyesterday afternoon on the need of morevitality in the church. Inthe course cf anearnest address he regretted the coldnessof many church members. "Christiansread the Bible, but the world only judgesthe Bible from the conduct of Christians,"he said. In the discussion Rev. PhilipCoombs regretted the habit of preachingon sensational subjects; so did several ofthe other speakers.

With the Baptists.Rev. Frank M. Mitchell of San Jose read

a paper before the Baptist Preachers' Clubyesterday morning on "What ForeignMissionaries Have Done for Science,Literature and Commerce."

NOTIFICATION OF APPEALUnited States Courts Will Re-

view the Blythe EstateContest.

Sarah Davis to Sue Out a Writ ofErrorFrom the State Supreme Court

Decision.

Sarah Davis, a claimant as heir-at-lawin the estate ofThomas H.Blythe, throughher attorneys, James Alva "Watt, T. J.Lyons and John H. Durst, has notified A.C. Freese, administrator of the estate ofthe deceased millionaire, and his attorney,J. D. Sullivan, that she intends to sue outa writof error to the Supreme Court of theUnited States in the matter of the appealfrom the decree of distribution recentlydecided against her by the Supreme Courtof this State. The notification reads asfollows:

San Francisco, Dec* 2,1895.A.C. Freese Esq., as Administrator of the Estate

of Thomas Blythe,deceased, and J. D. SullivanEsq., his Attorney—My Dear Sirs: Plea.se takenotice that Sarah Davis, a claimant as heir-at-law inthe matter of the above-entitled estate,intends to sue oat a writ of error to Ihe Su-preme Court of the United States in the matterof the appeal from the decree of distributiondecided against her in the above estate by theSupreme Court of this State by opinion filedtherein November 30, 1895 (S.F. Dist., p.207),under the rights guaranteed to her by the lawsof the United States and particularly by sec-tions 709, !)99,1000, 1003, 1005 and 1007 oftne Revised Statutes of the United States.

You are therefore, in consequence thereof,requested to do no act in disregard of her rightto such writ of error, and the legal conse-quences thereof; and to take no step whichwould inany wise tend to obstruct such rigntand its consequences, or any legal right orremedy belonging to Sarah Davis in the prem-ises and in the matter of said appeal.

The contest for the Blythe millions hasbeen inlitigation for twelve years, and hasbeen before the Supreme Court on variouspoints twenty times, but this is the firsttime the case has been carried before theUnited States Supreme Court.

The first appeal to the State SupremeCourt was decided -three j'ears ago onNevember 30. There have been fortylawyers steadily employed upon it, repre-senting 180 claimants who have madecontests.

Atthe offset of the case nearly 400 claim-ants put in an appearance, but only 180 ofthese stayed in suit to the end.

The estate is worth now between fourand livemillion dollars.

UNKIND MRS. CAMPBELL.While Mr. Cnmpbell Was in Dakota

After His Divorce She Got HersHere by Default.

Charles J. Campbell, from whom EssieCampbell was granted a divoroe inJudgeHunt's court October 31 on the ground ofcraelty, wishes to deny the truth of thecharge. He states that he was absent inDakota when Mrs. Campbell began suithere. Also that it had been mutuallyagreed upon that they would take meas-ures to be legally separated in, a quiet man-ner in the other State, and while he wascarrying out the terms of the agreementshe stole a march upon him by riling falsecharges of cruelty. He being out of Cali-fornia had never been notified, conse-quently judgment was entered against himby default and $100 per month alimonytacked on to the decree. Mr.Campbell hascompromised on the alimony question andjoins Mrs. Campbell in joying over theparting, but objects to the "cruelty" partof the matter.

An Explosion of Coal Gas.Considerable excitement was occasioned on

Market street last evening by the explosion ofa small quantity of coal gas ina grate inoneof the rooms of a lodging-house at 850 Marketstreet. A window overlooking the street wasblown out and crashed to fragments on thestone sidewalk, but luckilyno one was injured.An alarm of tire was turned in through box08, but before the engines arrived the coalswhich had been thrown over the carpet fromthe force of the explosion had been extin-gulshed.

THE SAN FRANCISCO CALL. TUESDAY, DECEMBER 3, 1895.8

THE FOUNTAIN OF YOUTH.It Has Never Been Found, but Its

Powers Have Keen Discovered.

Itwas once thought that a fountain existedsomewhere in the worldand that allwhodrankof itwould be endowed with perpetual youth.

For long ages men sought this wonderful foun-tain, but it was not until our own times thatanything like it was ever discovered.^ Tinsdiscovery was made bya brilliantFrench phy-sician, who pointed; out that -nearly all thepeople who attained remarkable old age owedtheir health and strength to the conftant useof some pure stimulant. This, he said, was thetrue fountain of youth.

To-day physicians recognize that inall caseswhere people have tired feelings or are rundown inhealth something is needed to stimu-late their nagging energies. They also recog-nize that for this purpose nothing has everequaled Duffy's Pure Malt Whisky, which to-day stands unequaled as a pure, reliable,health-giving stimulant.

As an example of what this preparation willdo for elderly men and women, we may takethe following interesting case. Mr. Walter P.Chapman of 29 Hanover street, Baltimore,writes: "Iconsider Duffy's Pure Malt Whiskythe very best article for the use of elderlypersons who require a tonic as well as a stimu-lant. Mygrandmother, who is now past 90years ofage, has been using it for about threeyears, and it has acted almost like a Charm,always givineher an appetite and allaying anydisorder of the stomach. Iam confident shecould not do without it."

This is but one of ten thousand similar casesin which Daily's Pure Malt WhisKy has beenthe means of preserving lifeand health underthe most tryingconditions. This is because itis no ordinary whisky. It deserves to have aplace inevery household, where a timelyandsafe remedy should always be at hand.

\u25a0

_________________—^-^—

————tBSFA;t coeo

DOCTOR SWEAHWELLKNOWN BY HIS LONG RESI--11 dence and successful practice on the

Pacific Coast, guarantees a prompt andperfect cure of every case he undertakes.Thousands of genuine testimonials on tileinhis private office. Poor treated free onFriday afternoons.

NKKVOUS DKBIIiITT,Weakness of sex-ual organs, lost manhood, night emissions, ex-hausting drains which unlit one forstudy,busi-ness or marriage, treated with unfailing suc-cess. 'Get cured and be a man.

PRIVATE, Urinary and kidney ailments,

sexual diseases of every sort, blood, skinand constitutional diseases, rupture, piles,varicocele and hydrocele quickly cured withoutpain or detention from business.

WRITE at once if living out of the city.Thousands cured at home.. Book on SpecialDiseases sent free.

OfficeHours— a.m. to 12 m.. 2to 5 and 7to8 p. m.: Sundays, 10 a. m. to 12 m.only.

F. L.. SAVEANY,M.0.,737 Market Street, S.F., Cal.

***++++*.DOCTOR «M*MM*»J

I ENGLISH i

. \u25a0 willstop a cough ina night,check a cold1 ina day, and cure consumption iftaken 1" intime. Ifthe littleones have Croup or1 „__ Whooping Cough, '

>4S?*^s use itpromptly. , •

1r**'tff'n Croup isa very '

1 f "^fe'S'Ssß) v fatal disease. >

1 $C&^k^h 1 jJ^T^ wr tacked die.'

' !'**\u25a0"<"•*»#' >i**L^^jdanger is '1

* * * **** •*in delay. 1' The disease progresses so rapidly that \u25a0' the loss of a tew hours in treatment is •'often fatal. acker's English Rf.me-

••

dy willcure Croup, and it should al- >.' ways be kept in the house, for

'• emergencies. A 25 cent bottle may •1 save your child's life. . ;.. ;v. ', Three sizes: 25c, 30c, $1. AllDruggist* ',

IJACKER MEDICINE CO. j'

, 16 &18Chambers St., New York.'

DIRECTIONS for us- WBBB^L7!7?ZLsking CREAM BALM.

- BgWMinaU^iApply a particle ofBalm wellup into the not- <°[ftS)^&fltrils. Afteramoment draw wxL t^^j^jSistrong breath through the WF jf-^rMMnose. Use three times a BfflflT*^>^hBday, after meal* preferred, Elll^toC^^^Hand be'forf retiring. ttrV J<<l

CATARRHXXY'SCREAK BALMOpens and cleanses

the Nasal Passages, AllaysPain and Innammatioe,Heals the Sores, Protects the ,Membrane fromcolds, Restores the senses of Taste and Smell. Th9Balm is quickly absorbed and gives relief at once.

A particle Is applied into each nostril and laagreeable. Price 50 cents at Druggists or by mall.

ELYBROTHERS. 56 Warren street. New York.

THE MOCK TREATMENT FOR

iCONSUMPTIp• Asthma, Bronchitis,

Catarrh

AndAllDiseases of the AirPassages.

Testimonials from hundreds of doc-

tors and patients. Descriptive Pamph-

lets and tests on application. .'

STEIHHAOSER&CO.,460 TWELFTH ST., OAKLAND, CAL

SOLE DISPENSERS FOR PA-CIFIC COAST.

>tL4RNYSTISTHF.VKKYJ'.KSI'ONK TOEXAMINEYOTJR

errs and fit them to Spectacles or Eyeglasseswith instruments of his own invention, 'whose\u25a0uueriorlty has not been equaled. Mysuccess baabeen duo to the merits of my wort

Ollice Hours—l2to 4 *•• m.-

>

A LADIES' GRILL ROOMHas been established in the Palace Hotel

ON ACCOUNT OF REPEATED DEMANDSmade on the management. It takes me piaca

of th« cJty restaurant, with direct entrance fromMarket at. Ladies shopping willfind;this a moat

>devirabie place to lunch. Prompt service and mod-erate charges, such as hnvo given the gentlemen'sGrillroom an international imputation, willprtraila thia new department.

NEW TO-DAY.

I/^#l_ "Polly,put the kettleIr~^*|"""

• on,and we'llall have\u25a0\u25a0. tea."

Kettles!

$1.75. $2.10.Two of our .best designs in 6 o'clock

Tea-Kettles go on Special Saving Salefor Monday, Tuesday and Wednesdayonly. Cur .*2.50 Kettle at iI.7S, !

and our $3.00 Kettle at $2.10-andW ednesday night ends it. the Kettlesand Lumps are heavily polished brassor copper, and the stands are hand-forged black wrougrht-iron. And theyare useful for other things besides tea;justlightthat quick-heating, asbestos,alcohol lamp, and ina few minutes youhave hot water— a great comfort thesecold nights. \

We have just received the finest lotofTea Kettles and ArtMetal Uoods .thatever came to town—and- every piece solddirect to you at;WHOa-JB.SAI,jtS PKIUJx.

THAT BIG CHINA STOREA Quarter ofa Block Below Shreve's.

WANQENMEIM,STERNHcIfI &CO.,

528 and 530 Market St.,27 and 29 Sutter St.,

BELOW MONTGOMERY.;

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