The San Francisco Call. Newspaper, March 23, 1895, Page 14

14 THE SAN FRANCISCO CALL, SATURDAY, MARCH 23, 1895. HONTINGTON HAS BEEN INDICTED, THE GRAND JURY HAS AT LAST ACTED IN THE RAILWAY MAGNATE'S CASE. HE WILL GIVE HIMSELF UP. | l i i WirL BE HERE IN TEN Dayvs, AND | THE WARRANT WILL THEN | BE SERVED. i | Collis P. Huntington, president of the | Southern Pacific Railroad Company, has | been indicted by the Jury for violating the interstate commerce law. The warrant for his arrest is now in the hands of United States Marshal Bald- win, and in about ten days the railroad | magnate will appear before Judge Morrow | in the District.Court and give bonds. | The appearance of the grand jurorsin | the United States District Court at 2 p. M. ited States Grand | ¢ or had been emplo; by the Southern Pacific Railroad and his answer was, “Never in any way,shape, or manner.” Centinuing, Attorney Monteith, who was cross-examining the witness, asked, “Have vou not tried in the last year or two to get a situation in connection with the legal department of the Southern Pacific?” to which Stone answered, ‘“No, sir.”” .—Have you not traveled'on passes? A.—I “ Q hay Q—Were you not traveling on a pass then? (When he ivas iguing to Ashlnmli.) ‘A—1was; vith C. P. Huntington’s personal pass. “g.v]{n\‘e you nngbeen }): the habit of having a ook of passes in Your office and giving them out to people? A.—No, sir. Q.—During the campaign two years ago did vou not, while yon were acting as manager for Mr. de Young's campaign, have in your office of free tickets or passes that you gave A.—TI had blank passes. ou issued them? A.—I had on occa- ou got them from the railroad com- A.—Yes, sir. t that time you had some connection with the railroad company? A.—None on earth. i Q.—How did you happen to handle these passes? A.—Through my personal friendship, extending back to my partnership with A. A. Sargent, with C. P. Huntington. g e Rt Wi e e Q.—You went to Red Bluff on a train on June 307 A.—I leit on the night ef June 30. ou traveled on a Pullman car? A.— Yes, sir. Did you have a Pullman pass. A.—I did. Q.—Do you remember on what account that Pullman pass was issued? Was it notissued on account of the Southerxn Pacific? A.—No, sir. On account of C. P. Huntington? A.— No, sir; it was a personal favor extended to me, T have said C. P. Huntington is my personal friend. _Any favors I have received have been received through his personal influence. X HUNTINGTON, INDICTED BY THE FBDERAL GRAND JURY FOR ISSUING AN INTERSTATE PASS. [Sketched for the * Call” by Kahler.] yesterday was watched with considerable interest. The impression in Federal cir- cles was that an indictment against Hunt- ington was to be filed. When, therefore, the precious document was handed to the Judge everybody was on tiptoe with ex- citement. District Attorney Foote dashed their hopes to the ground by at once ask- ing that the indictment be placed on the secret file. His Honor spent some time in reading the document and then handed it to the clerk of the court, with the order | that its contents be kept secret. It has been an open secret, however, for some time that the Grand Jury in- tended indicting Huntington. Five days ago that body found a true bill against him and so informed the District Attor- ney, but for some reason or ‘another the docnment was not presented to the court | until yesterday. ‘When seen upon the subject District At- torney Foote said: *The Grand Jury can do what ‘it pleases in any circumstance. The limit of my duties is reached when I have explained the meaning of the laws, have laid before that body all the evidence that is officially in my hands and have aided in the examination of the witnesses. 1 cannot give nn{ opinion as to tne suffi- ciency of the evidence to prove guilt—not evenif I am asked by the grand jurors. My opinion in reference to the meaning of the law, however, I am bound to give. ‘When that is done I retire and the jurors deliberate alone. If they should inform me afterward that a true bill had been found I order the indictment prepared and the foreman of the jury presents it to the court. 1f itis placed on the secret file I can give out no information until the per- son indicted has been arrested. ”’ “Was the indictment filed this afternoon against C. P. Huntington?” was asked. “I don’t know much about it,” the evasive answer. “You see, I wasn't in the Grand Jury room this morning, and I am somewhat in the dark.’ ‘‘Has Mr. Huntington been indicted, Mr. Foote?” “I cannot answer your question. If you asked me the same question about Brown, Jones or Robinson I would refuse to an- swer because of my oath of office. If Mr. Huntington has been indicted you will know all about it in due time. You will see the gentleman in whose welfare you take such an interest in San Francisco in- side of ten days.” A special (gencral meeting of the direc- tors of the Central Pacific Railroad is to be held in San Francisco on the 1st of April. C. P. Huntington is to be here, and as soon as he arrives the warrant will be served on him. His bondsmen will be ready, and one of his first visits upon reaching San Francisco will be to United States Marshal Baldwin. The railway magnate has already heen informed by telegraph that a warrant for his arrest awaits him, but the chances are that he will lose no sleep in consequence. The indictment found against Hunting- ton by the Grand Jury only charges him with a misdemeanor and the bail is fixed at $5000. The punishment if he isfound guilty will be a fine of not less than §1000 The Court—Mr. Monteith is asking about a Pullman pass. A.—I understood. Mr. Monteith—Was your Pullman pass an an- nual'or & trip pass? A.—Anannual, Q.—Does not the pass say on it—have you it with you? A.—No, sir, it does not say any- thing. Q.—See if I cannot reiresh your memory. Does it not say on it “Pass Frank M. Stone on account of’ o and so? A.—Absolutely not. If you would like to be enlightened I can show voumy pass and bring the other. Here is*Mr. Huntington’s pass: “:Southern Pacific Company. Pass Frank M. Stone overlines of Southern Pacific Compan 1894 until Pecember 31 unless otherwise ordered. C. P. Huntington.” Itisas good in Texas as it is in California, and over any line wherever a Southern Pacifie engine runs, and has been given me something like ten years by C. P. Huntington personally. There is nothing issued to me any other way. Q.—Yon are not employed by the Southern Pacific Company? A.—In no way, shape or manner. Q.—By any other railroad company? .—Did_yon ever advise Mr. Huntington that the issuance of that pass was in contra- yention of the interstate commerce act? No, sir. Q. —Those other passes thatyou spoke about— those books of passes—were all on your per- sonal account? A.—Absolutely to me, person- ally. No one could have issued one under any circumstances, exeept by myself, and they were given to me as & personal favor and at my per- sonal request. ‘When the above testimony was sworn to T. J. Roberts, one of the leaders of the Oakland strike, swore to the following complaint: Collis P. Huntington on or about Januar:; 1894, he then being president of the Southern Pacific Railroad Company,did willfully, un- lawfully and wrongfully make and give an un- due and &n unreasonable preference and ad- 10, Frank M. Stone, Who Accepted a Pass From Huntington. (From a photograph.] yantage to a_particular person, to wit, Frank M. Stone, residing in San Franclsco: the said Huntington did, ata place to this afiant un- known, make and execute a certain instru. ment in writing, commonky known as a rail- and not more than §5000 or a year in the State prison, or both fine and im- prisonment. It was on the 6th of December last that Frank M. Stone.admitted under oath that he had a pass issued to him by C. P. Hunt- ington in violation of the interstate com- merce act. Two strikers were being tried at that moment for violating the same Jaw, yet when Stone gave his testimony implicating Huntington, no action was taken until the United States Grand Jury took the matter up. The man who has been mainly instrumental in having a multitude of workingmen indicted for a breach of the interstate commerce actis now to have a taste of his own medicine. ‘When Frank M. Stone was on the wit-- ness-stand last January his testimony on certain points was as follows; United States District Attorney Knight—You are an llmr‘ney-llt-hw'l : —Yes, sir. & Reriding at San Francisco? A—Yes, sir. Q.—Will you state where you wereon the 30th day of Junc last? A.—I wasin San Francisco until the evening. I lefton the 7 o'clook train '05,'3\";.0.?“&.: your point of destination. I think I intenided to leave the road st Ash- nd. 1 was woompxanied by Jud, :J.nl}{ Ma,p hy, of Del Norte, going oy & cam; e % 0 leave the. fallroadht Ashiand, Or., and take the stage for Crescent City. The witness was then asked a number of Questions as to whether he was employed rod pass, in words and figures following, to “Southern Pacific Railroad Com: o Frank M. Stone over lines of Southpe‘:l’l’bg.;g Company, 1894, until December 31, unless otherwise ordered. C. P. HUNTINGTON."” It further charged that the ass ga Stone full and unlimited privile elz)f t’l'e‘:;vgll3 ing without charge on nl&‘ the lines of the railroad and that it was used by him to travel from this State into Oregon during the strike. Stone swore again and again thathe was notan employe and had not| ing todo with the railroad in any way, shape or manner; so Huntington’s violation of the interstate commerce law was ' palpable, The general impression among Federal lnfl!cu s is fil?tllf Huntington is tried be- ore an impartial jury in the Unites District Court he wifi’be convicwd.d Siates . Father Mathew Election. The Father Mathew Total Abstinence and Benevolent Society at its regular semi-annual election last evening chose the following ofi cers: President, John F. Quare; vice-president John R. Byrne; second vice-president, William M. Caton; recording secretary, John R. M Guire; financial secrotary, Henry F. Gaffn corresponding secretary, Joseph L. Loftu: treasurer, Timothy Dohovan; trustees—Wil- liam M. Gillespie, Patrick Devine, Frederick J. Meyers, Charles J. McCarthy and John Scully, —————————— THE NEw Louvee has opened,|8-14 O'Far- rell street. 3 HI§ SIGNATURE VARIES GREATLY, SOME SPECIMENS OF FAIR'S HAND- WRITING PRESENTED FOR COMPARISON. THE JUNIOR FAIR'S HEIR AN ATTORNEY FOR THE EXECUTORS Says HE LEFT A NATURAL s CHILD. James G. Fair Jr.left a natural child, who is now living in this city. This fact was admitted by an attorney interested in having the holographic will declared a forgery and the document stolen from the City Hall the genuine one. “It is true,” said this attorney, “that young James Fair left a natural child. I do not know that the child living with Mrs. Gregory is the one. She may be or she may not be, but there is a child. That I am willing to admit. Under the holo- graphic will this child would inherit. In the will which was stolen from the City Hall provision was made against the child inheriting any considerable share of the estate. There is a clause which provides that any child who can establish the fact that James G. Fair Jr. was its father shall have $50 as its share of the estate. “The will stolen from the City Hall was a genuine document. The Craven will,” econtinued this attorney, “‘is a tracing and a forgery. The very care which Senator Fair took to free his estate from any claim of any illegitimate offspring, as shown in the genuine will,’”’ continued this attorney, “is one of the best evidences that the Cra- ven will is frandulent, for, in that docu- ment, this provision is nullified.” ‘Whether Charlotte Gregory is the child of James G. Fair Jr. and Mary Ellen Lampman or not, may be a debatable question. Charles Fair asserted positively yesterday that she was not, but if she should establish her claim Charles Fair would be the loser by some $500,000, and the estate of James G. Fair Jr. would go to_this child. The great contest over the estate still turns upon the genuineness of the holo- graphic wi The question is: Will Mrs. Craven testify that this is Senator Fair's will? Attorney Pierson is credited with the statement that she will not do so. There seems to be no reasen for the mys- tery with which she surrounds that will. If reports be true, she has not yet told the attorneys who desire to see this will main- tained “all that she knows about it, and still holds in reserve information to be given out only on the witness-stand. Attorneys and attorneys for attornevs connected with the Fair will case now number twenty-six. The estate may reach 27,000,000 in value. That is a million for each attorney to attend to, with an odd million unrepresented, and’ the attorneys who are out of the case are all striving to represent this extra million, with a fair prospect of» success for some one of the multitude. Then there is the question of the fund with which the estate is supposed to be provided to meet the contest. Of this At- torney Mitchell says: “I'do mot say there is a fund. and I do not say there is not. Senator Fair wasa : F oy A F o %«4”:7‘,;, How Fair Wrote His Name. [Reproduced from original writings by a “Call” artist.] shrewd and careful business man. He anticipated that what has taken place might take vlace. The public must draw its own conclusion.” Attorney Mitchell declared that he knew of no written statement made by Fair indi- cating his desire to divide his estate about equally amon% his children. Louis C. Bresse on Thursday declined to say whether he had seen such a statement or not, and referred questioners about it to his attorney. His attorney’s answer is that he knows nothing about it, but the attorneys for Charles Fair say that such a written statement was made subsequent to the making of the will which placed the control of all the property with the exe- cutors. Those who claim that the holographic will is genuine point to the similarity of the signature to the.signature on admit- tedly = genuine documents. Those who represent the executors under the stolen will declare that it is a forgery and that the signature is a tracing. hen the trial comes up experts will swear that it is a genuine signature, and experts will swear that it is a furger{l. In order that the public may compare the signatures admittedly made by Fair with the signature of the holographic will an artist for the CALL, with the aid of a camera lucida, has traced both. The first signature is that attached to the holographic will. The others are Fair's sign manual made on telegraphic messages.| and other business documents. Mrs. Craven and Mrs. Haskins maintain the most discreet silence in reference to the holographic will. - Both =aid last night that they would make no statement until they appeared in court. They added that they had told no one, not even the at- torneys, what they knew of the will, though attorney after attorney to the number of twenty-six had called at the Leavenworth-street residence to make in- quiries. This number twenty-six promises to figure as prominently in the Fair case as the number twenty-three did in the Legis- lature. The latter was the reported strength of the Senatorial combine, but twenty-six lawyers are quite likely to make a more disastrous raid upon_the Fair estate than tsing?gxslnture did with the affairs of the It x;nay be that Mrs. Craven has not told Mrs, Haskins all that is to be told about the holographic will, but it is evident that Mrs. Ha;kltl;‘s tlmowu enough to be a wit- ness, an at she expects to b = P i Mrs. Jane M ister told a story last night in tie City Prison in which s{zye un- oonsm(;\aztsly exgxgd whgt, according to her own statements, is a scheme out of the Fair estate. ey She declared that the little girl at 9&5 Bu living with Mrs. Gregory at pmeant sh street was not the daughter of Mary Ellen Lamp- man and James G. Fair Jr., ia clni‘;nedmlx;y dxe?hr :;Jggo'rg.t %nd shlel added to this at 1 i thzl"tll:l' ei:.u. was all a plot against s the story goes, the late James G. Fai Jr. used to board at a resort in Nleva;: conducted by a Mrs, Lampman. While staying there he became infatnated with the landlady’s daughter, a pretty girl, who waited on thetable and assisted her mother in the housework. The daughter was Mary Ellen Lampman. One day she left home and came to San Francisco, where she was in a hospital for a weekor two,aiter which she returned home. It was rumored that Miss Lamrmnn had ;iven birth to a child whose father was ames G. Fair Jr. But this her mother denied, though it was then vretty well understood that the baby was left in a foundling asylum in San Francisco. Subsequently Mary Ellen made her exit from the scene by taking a dose of poison. The remainder of the story was told in thehCity Prison by Mrs. McAllister last night. e s “'I bave been told to ay nothing about this,” she said with an air of mystery and a nod that meant even more than she cared to state. “You go and see Mrs, Gregory on Bush street. She can tell you an Interesting story—if she wants to talk. 3 _‘“She has a little girl up there—a little bit of a black-haired thing about?7 years O}fl.alse—thut she says is Mary Lampman’s child.” J At this Mrs. McAllister stopped short until repeated questions started her tongue at a great rate to tell everything she knew. *‘You know,” she went on, ‘it was Miss Mary Lampman—not Mrs. Lampman, as the papers had it. The girl was never| married. Young James Fair used to stay at her mother’s resort, and they say he was the father of her child, which was put into a foundling asylum here. About the child there are some doubts. And now I'll tell you how Mrs. Gregory came to be con- nected with the case. “Mrs. Gregory was married to a man who had an estate—a widower with two or three daughters. She went to the found- ling asylum on Golden Gate avenue and got a child which she wanted to adopt so that she might get her husband’sestate for the child and Eersclf. The husband died some time ago and some settlement of the estate was made, but I don’t know what it was. “Mrs. Gregory still has the little girl, and now claims it is the daughter of Mary Lampman and young James Fair. *‘Now there is nothing in that yarn. I know it. You can find out from the Foundling Asylum_ people where the child was got. Nobody knows whose child the little black-haired girl is, and I know that Mrs. Gregory cannot prove it. She began three or four years ago to_fight for the child as an heir of James Fair Jr., and has employed attorn She expected to get some of the half million that Mrs. Fair left him, but I don’t see how she is going to get any of that money now, as it was di- vided after his death.” Mrs. McAllister was in prison on a charge of drunkenness, audp while in a voluble mood told the foregoing story. AN EVANGELIST TO PREACH IN EVERY CITY WHERE ENGLISH IS SPOKEN. He' Has CoME FROM AUSTRALIA AND Has BEEN AROUND THE WORLD. The Rev. Henry Varley, who has come to 8an Francisco from Australia, will begin a series of evangelistic services at the First Congregational Church in Oakland to- morrow morning. In the evening he will preach in the First Methodist Church. Mr. Varley has a reputation only second to that of Mr. Moody as an evanga- list, and has traveled round the world preaching the gospel. For many years he presided over the West London Tabernacle and for eighteen vears his personal. services were given gratuitously, he being at the same time engaged in mercantile pursuits. Twenty-five years ago, he says, he made a covenant with the Lord, that if he were spared to life and health he would visit everv English-speaking city in the world to preach the gospel, and_ it is in fulfill- ment of that promise that he is now here. In an interview yesterday he said that he did not know how long he might re- main; but that depended entirely upon how his work might develop. Mr. Varley was an intimate friend of the | Tanch for $20.000. late Dr. Spurgeon and says that he had the Fleasnreaml protit of a long interview with him a few weeks before,_his death. They were both, be_says, originally members of the Baptist church, but both left to be- come independent preachers—Spurgeon at the height of the great ‘‘down-grade con- troversy,” as the discussion over the pre- vailing tendency to ultra-liberalism was called. but Varley had quitted it long be- fore, althdugh for the same cause. Mr. Varley says he has visited all the English colonies in the Far East, India, South Africa and finally Australia, where he made his home at Melbourne. Al- though London has'been his great field for so many years and would have remained his headquarters or_home he was com- pelled to quit it becatse of a slight lung .The Rev. Mr. Varley. [Reproduced from a recent photograph.} trouble caused by his_constdnt preaching and frequent overstraining to convey his message to large crowds in the open air. He recalls the occasion of his first visit to America, when he says he addressed audiences that packed Barnum’s great hippodrome building, when *22,000 people listened to him, forming one of the most impressive sights that he has seen inall his experience. Mr. Varley is 61 years of age, and began reaching the gospel in the streets of Lon- on, he says, at 18, He is a man of splendid physique, and is characterized by E erlng of the conventional ruddy English ealth. . —————————— FAMILY jars are easily avoided by use of Dr. Price’s Baking Powder. - ‘Will Sue for Rent Paid. Daniel Lyneh, a fruit-dealer, threatens to sue Goodall, Perkims & Co. and the estate of C. J. Hendy for $7500, which he claims was ob- tained by false pretenses. He has paid the par- ties named'$60 per month rent for the use of a building on the gore, corner of Sacramento and Market streets, for several years past. Recently he was ejected by the Superintendent of Streets on the ground that the property belongs to the city. Lynch contends that if such is the case the persons named had no right to collect rent from him. ————————— Arrested for Mayhem. A. Brien, a miner of Nevada City, went into the saloon owned by Chnrllca Stepp‘nnd Jo;e‘ml Straub at 16 Geary street, last evening, and go fnto an altercation. with the proprictors. e threw Straub on the floor, twisted his ‘Euf and broke it. Brien was arrested and charged with mayhem. ————————— “FRITZ SCHEEL at the park keeps the Park News presses rushing to supply programmes.* HE SQUANDERED HIS FORTONE. PRESTON THEN DESERTED WIFE AND CHILDREN, LEAVING THEM PENNILESS. DOWNFALL OF A LIVERYMAN. His FaMmiLy DESTITUTE — WINE, ‘WOMEN AND GAMBLING CAUSED His FarLL. Living in poverty at 236 Tehama street is a woman who, less than seven years ago, was enjoying all the luxuries that the pos- session of property worth §$25,000 enabled her to afford. The woman is Martha M. Preston, and the source of her troubles is her husband, W. J. Preston, formgerly a liveryman on Fern avenue. He has squandered the fortune he and his wife possessed, and has deserted her and their two small children. Acting on the advice of Secretary Mc- Comb of the Society for the Prevention of Cruelty to Children, to whom she applied for relief, Mrs. Preston yesterday swore out a warrant for the arrest of her husband on a charge of failure to provide. Preston, when last heard from, was at Wrights sta- tion working as a common laborer. Mrs. ‘well, Mark 8. Porter, B. D. Weigle, W. L. Mc- Guire; W. A. Graham, manager. The programme will consist of : PART L. “El Vaquero Galop”. . ...Pomeroy Stanord Mandolin Club. “Invitation”.... -«.Hoftman lee Club. Vocal solo...... r. G. F. Graham, U. C.'94 Quartet, “Im Fruhling'’. = ... Pester Messrs. Wells, Graham, ‘and Seweil, of the Stanford Mandolin Club. Violin solo... E. Parcells, U. C. Glee Club “Predicaments’. ~Yale songs Mr. Russ and U. C. Glce Club. PART IL “Polish Dance” £ Stanford M. “Rosebud Fair”. Impersonation ... .. Mme. Caliiope Cardinale of Stantord tucky Home’ . THE STRIKERS' CASE AGAIN. More Testimony Will Be Taken in the District Court on Monday. The case of Cassidy and Mayne, the two | strikers, was before Judge Morrow in the | United States District Court yesterday. The matter was not expected to come up again before next Monday, but the United States Distric torney discovered at the last moment that he had not established | the fact that the Southern Pacific of Ken- tucky was an incorporated body and the owner of the lines on which the trouble | took place. He therefore applied to the | court for permission to reopen the case and introduce the necessary testimony. Mr. Foote does not consider the establishing of { the fact an absolute necessity, but he is | taking the precaution on the idea that it is | better to be sure than sorry. Attorney Monteith, who is defending } the strikers, vigorously opposed the mo- | tion. He contended that the case was 1 closed, and that if it was to be reopened he MRS. PRESTON AND HER RECREANT SPOUSE. [From photographs.] Preston freely admits that her object in causing her husband’s arrest is prompted as much by revenge as the hope that the law may force him to do for her what his sober instincts as a husband and father have failed to do. “It is ten years since I married my hus- band in Shasta County,”” said Mrs. Preston yesterday. ‘‘He was then the owner of a ranch in Shasta County, and while we lived there everything went well. He had a passion for fine stock and horses and he was fond of racing. Three years after our marriage he made up his mind to return to Ireland, where his people resided, and through the agency of some real estate men in this city he sold the Shasta County I had some property of my own, and at his request I sold it. This was seven years ago, and irom that sale date my troubles. § “We went to Ireland in 1888 and re- mained there three years. My husband’s relatives hated me for some reason, and they did all in_ their power to poison my hushand’s mind against me. He went into the stock business and was swindled at every turn. Our money was dwindiing away fast; and at the end of three years he consented to return to California and in- vest the remainder. 2 “My husband’s prospects did not im- prove on our return to this city. He fitted up a stable on Fern avenue and bought a number of valuable horses which he traded for this and that, invariably ata Joss. He had no eye to business and when he was drunk he threw his money away lavishly. The end finally came in Novem- ber, 1893, ewhen he informed me that he was penniless. I could scarcely compre- hend the situation. The knowledge of his financial embarrassment weighed heavily upon him and he sought relief in drink. e abused me frequently, illtreated the children, and in many ways rendered my life miserable. I was almost Implpy at last when he disappeared without leaving a trace behind him.” No traces of Preston’s whereabouts could be discovered for,several months. In the meantime Mrs. Preston had arrived at the | end of her resources, and by the aid of friends had been enabled to fit up a lodg- ing house at 15 Oak street. The venture did not pay and the poor woman was forced to work as waitress in a hotel. Friends took charge of her children, but their gmwiniwnnts rendered some other step in their behalf necessary. Mrs. Pres- ton then rented the place at 236 Tehama street, where she now resides. 3 Mrs. Preston can scarcely realize that her husband has squandered $25,000 in | seven years. When they left Ireland four years ago, they had some $17,000 in cash. She has since learned that Preston gam- bled, and that he associated with dis- reputable women. Wherever he was known he was reggrded as a dupe. 5 Preston was located at Wrights station, in Santa Clara County, several days ago, and an officer will be sent there to-day to | apprehend him. In a letter to a friend some time ago Preston charged that his wife was responsible for his downifall. He said that she treated him scornfully and consorted with other men. Mrs. Preston alludes to what she terms his shameful at- tempt to blacken her reputation, with tears, and refers to numerous friends who, she says, will testify that she was alwaysa model wife and mother. *‘In consequence of his attempt to wreck my character,’”’ said Mrs. Preston, “I have | made up my mind to punish him for his desertion. ‘Nothing else could have _prompted me to take this step, for in do- ing so I wish to vindicate myself and at the same time force him to provide for the children which he has left on my hands.” A COMBINATION OONCERT. Students of Stanford and Berkeley Will Sing Together. A combination concert of the State Uni- versity Glee Club and the Stanford Mando- lin Club will be given next Friday night at Scheel’s Auditorium. * The names of the performers are;, University of California Glee Club (B. G. Somers, director): First tenors, B. G. Somers, T. Vail Bakewell, Clinton R. Morse; secon: tenors, C. H. ton, Frank Taylor, George Whipple; first bass, Frank Stringham, Douglass Waterman, O. Wedemeyer, Raymond Russ; second bass, Power Hutchins, Edward Rickard, Dwight Hutchinson, . Veeder; solo violinist, C. E. Parcells; accompanist, W. B. King; C. E. Parcells, mlnnger. Mandolin Club (W. Bittle Stanford Universit ells, director): First mandolins, W. Bittle ells, Thomas K. Code, Edward C. Sewell; second mandolins, W. A. Graham, A. G. Kaui- man; guitars, George B, Wilson, W. D. Long- | had as much right to introduce testimony | as had the District Attorney. Judge Morrow decided that he could only permit the introduction of testimony on the railroad company’s corporate exist- ence, but Monteith Intends making a fight to get some of his own witnesses on the stand. Eugene V. Debs will be here next Tues- day, and the defense proposes to put him on the stand and obtain what information he has about the alleged conspiracy. Mon- teith is confident that Debs can enlighten the jury on some obscure points. On Monday next, therefore, the United States will put an official of the Southern Pacific of Kentucky on the stand to prove that it is a corporate body and the owner of the roads on which the strike took place. Monteith will then make h | get Debs on the stand, and livel expected. If the case could only be kept open another week or so C. P. Huntington will be here and then the defense could dlso call him as a witness in its behalf. times are — Isn't it perfectly lovely? The old- fashioned “Johnny Cake’’ made with Dr. | Price’s Baking Powder. THE SHERIFF IN CONTEMPT. ORDERED TO APPEAR BEFORE JUSTICE OF THE PEACE GROEZINGER. HEe FAILED TO ARREST LEONARD GROVER WHEN ORDERED To Do So. Sheriff Whelan has fallen. foul of the Justices Court and on Monday next will have to explain to Justice of the Peace Groezinger why he failed by deputy to arrest Leonard Grover, the actor and the- atrical manager, when instructed to do so by order of court. Grover failed to appear in the Justice's Court to testify in a suit brought against himself and J. Rial by J. Sachem to recover $41 90, money loaned, and was sentenced to twenty-four hours in the County Jail and to “pay $30 mto the city treasury” for contempt. A Deputy Sheriff was intrusted with the order and found_Grover at Stock- well’s Theater, where he is manager. The genial actor convinced the representative of the Jaw that the Justice was mistaken and that he had already settled the matter and been purged of contempt. The deputy thereupon took it upon himself to allow Grover to remain at liberty and returned the order to the Sheriff. The attorney for Sachem, however, was not to be so easily satisfied, and so stirred up_the Justice to a sense of his in- | jured dignity that he issued the following order yesterday : In the case of Sachem vs. Rial et al. Whereas, It manifestly has been made to ap- pear to me by evidence introduced, given and admitted this day in open court in the above entitled action and matter that R.I. Whelan, Sheriff of the city and county ot San Francisco, State. of California, negiected and refused to serve and execute_the order and judgment by me made and rendered on the twenty-first day March, 1895, directing said Sheriff of said city | and county aforesaid to execute and carry into | Leonard Grover, one of the defendants in the above entitled action, guilty of contempt of | this court, it is ordéred that R.I. Whelan, Sheriff of said eity and county aforesaid, show cause, if any he may have, at my courtroom in | the néw City Hall -at 1:30 o’clock in the after- noon of Monday, March 25, 1895, why he should not be punished for contempt in neglecting and refusing to obey the order of this court first herein mentioned and re- ferred to. G. C. GROEZINGER, Justice of the Peace. Sheriff Whelan heard of the order and obligmgly allowed himself to be served forthwith. George H. Perry, the attorney, who is also counsel for J.'J. Rauer in the latter’s suit against Mrs. Jobn Martin, says that he will endeavor to have the Sheriff cited to appear before Justice Kerrigan to show cause why Mrs. Martin was not arrested by ?_ deputy when the latter had the oppor- unity. ———— 15 Cents Per Set, Decorated. These beauifully decorated breakfast and lunch sets will be sold for a short time &t all GREAT AMERICAN IMPORTING TEA COMPANY'S STORES. Those in want of crockery, chinawsare or glassware will do well to visit our stores and &et posted on our prices, Newest and prettiest de- slgns, shapes and decorations. < attempt to, THE PASSING OF THE PHANTOM CAR JUDGE HEBBARD DECIDES AGAINST THE -OLD BUSH - STREET FRANCHISE. . WHAT THE DECISION MEANS. THE RAIL TRACK BecoMEs A NuUl- SANCE WHEN NoT USED FOR PusLIc BENEFIT, The demurrer of the Sutter-street Rail- way Company to the suit of R. H. Warfield to declare the Bush-street franchise for- feited has been set aside by Judge Heb- | bara, before whom the case was set for trial, and the defendants have been given ten days to answer and prepare their de- fense. The cause of Warfield’s suit is the unused franchise that, since 1885, has incumbered Bush street. It was originally granted to Abner Doble, William Center and William H. Hanson in August, 1885. From them it imss‘erl first to a company known as the treet Railway Company, and then Sutter-street Company, the present defendants. In his complaint, to which the State was made a party. Warfield charged that the holding of the franchise was illegal, be- cause there has never been any attempt to run cars on the track for the benefit of the public, and that the running of a car over the track once a day was so_ palpably a ruse to hold the franchise and to escape the duty owed to the public as to defeat its own object. Warfield therefore asked that the franchise be forfeited. The defendant demurred on general grounds. In over- ruling the demurrer the comrt says: “If the defendants had operated their cars over the track there would have been no cause of action for forfeiture. In main- taining the tracks and switches the defendantsare not maintaining a nuisance, because they are exercising a right, but the complaint plainly shows that while the - defendants exercised a part of their rights, that of laying the t they failed to ace complish the ultimate ct of the fran- chise—the practical operation of the road as a passenger railway.’’ On the last ground of the demurrer, the statute of limitations, the court declares the right to public streets is a right of a {»uhlic character which cannot be lost by apse of time; that there can be no pre- scriptive right to or in a public street, or to maintain anything which amounts to a public nuisance. “1f tne people, through the Attorney- General,” the opinion reads, ‘have been indulgent to the defendant since August 4, 1889, they are not bound to indulge them any longer, and it is apparent that such indulzence ceased when this complaint was filed on November 27, 18%4. The de- fendant caunot complain that it has been shown more leniency than it deserved in the matter of the. continued violation of its contract to operate this road, nor may it now insist that it should be allowed to v hold, occupy and incumber these gainst the public interests forever.”” s’ practically decides the case, for the question is mainly one of law, and the de- murrer brings these points of law directiy before the court. By the overruling of the demurrer it is practically decided that the franchise should be forfeited. La Freckla. Death to Freckles. Mme. M. Yale was receatly asked the question ‘‘which of her discoveries she consid- ered the most wonderful.” Her reply was as follows: La Freckla,becauseit unmasked my own face from a filthy mass of freckles and gave me the beautiful rose leaf com- plexion which you see and which has been admired by the people of every na- tion. Before I discovered La Freckla I was a freckled face individual, disgusted with my own appearance. 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