The San Francisco Call. Newspaper, April 26, 1895, Page 5

THE SAN FRANCISCO CALL, FRIDAY, APRIL 26, 1895. STILL AFTER GIBSON. Durrant’s Attorneys In- dicate Their Line of Defense. A DOUBT TO BE CREATED, ¥he Pastor Questioned as to Samples of His Hand- writing. HIS RELATIONS WITH DURRANT. A New Witness Is Brought Forward. Prosecution to Close To-Day. It was another day of black slouch hats, darker hints in the Durrant lled to the witness opened the mc . He had ev Conlan’s sarc ithed the ¢ at He thought i be notified. g after police 1 cases is liable to . Gibson is a child. ister with an ing of po he courtroom was directed tow omer. The stillness which ens gh every breath was b broken by the soft tread of th left his seat beside his 1 over to an open n front of the witn stand and very close to the press table. It must have been a painful moment for Durrant—not that there was any par- ticular significance attached to the wi ab or failure to identify his iments, but because he must have realized that hundreds of keen, curious 1 coldly critical eyes were fastened on and that in thé mindsof many his nocence, perhaps, would be rding to his manner and con- n to the flutter of an eyelid or the 1ger. But he withstood the trying ordeal as he has met all his trial He was perfectly natural and collected. As he looked his former friend straight in the eye an open and frank smile lighted up his countenance and a warm color was in his cheeks. That smile and glance scemed to say to the mau who stood before him, “‘How strangely al- tered ons since last ve said further, 7, that you can re- er what I wore that night at your And the doctor could not re- uber, and, so saying, was soon after sed from the stand. urrant resumed his seat as self-pos- d eing held, accused as | sel and w D sessed as though just returning to his studies after a recitation or class examina- tion in the college hall or schoolroom. Th xamination was opened by the recalling of Dr. Gibson by the defense. “Whose handwriting is the entry on that blackboard ?” asked General Dickinson, handing witness a small blackboard eight inches wide by three feet length on which was written in chalk: “The postor will be pleased to speak with visitors arter the service.” *“Was not your attention called to that board and writing in your study at the | church last Thursday afternoon ?” 107 Nen, gt “Do you remember what answer you | made when I asked youif that was your | handwriting when I was there with Eugene | Deuprey, Detective Bowen and two | others ?* “I think I told you it was written by myself.” _“Do you not remember that you posi- | tively declined to answer?"” “I'cannot just remember, but I think I told you it was my handwriting.” | dee I have had so many things to remem- | ber that I cannot be sure.” *‘Do you remember of my asking you for a specimen of your handwriting and you showing me thi tor’s property,” which, i have placed “I do; that is my writing S | “Isit the same as you usually write?” “No, sir; it is a little larger, perhaps.” ¥ rite the same at all times?”’ nds on what I am writing a further questioning, in the same drift, witness was ask | jection to furnishing specimen of his chirography. st decline at this time, sir,” | “Why so “For the same reasons that I gave youat tudy last Thursday.” | them a n ain. | -‘Because I had declined to furnish any- hing to the prosecution, and I did not | think it would be fair to give anything to the defense.” “Your memory is better as to what yeu [Sketched in court “Then you do not know whether you | I;pyed to answer my question last Thurs- | slip bearing the words, | ked if he had any ob- | the defense with a | What were those reasons? Letus hear | strange_man in long overcoat and slouch hat, and the woman who met him. When witness saw the light in the church Minner was with him. Witness was not shaken on the second cross-examination. Burt James Minner was then introduced to corroborate the preceding witness. “Were you near Emmanuel Baptist Church on Friday evening, April 12?” “Yes, sir, back of the church.” “Did you see a light in the church at that s, sir. 1 was going across the lot with McElroy when he said, ‘Oh, look at the light in the church.’” I turned my head, and looking over my shoulder saw the flickering of a light on’ the lower floor | of the church.” | Witness was not cross-examined. | Henry Snook was next recalled to iden- | tify the picture taken of Minnie Williams | at the vault in Laurel Hill Cemetery. | " Deputy Coroner McCormick was the | next witness. He described the circum- | stances attendant on the discovery of | Minnie Williams’ body at the church, the notification of the Coroner and witness’ subsequent visit to the church. “How was the body lying when you got there?” “:On the floor of the closet, with pools of blood near the head and under the table. The outer garments were up about to the | knees, while the underclothes were up higher. One leg of the drawers was torn off and one limb was drawn up to a sharp angle.” “Were there any portions of the center of the body exposed 2" ot when I got there.” ‘Witness followed this up with a descrip- tion of the strips of cloth taken from the dead girl’s mouth, the stick found under the body, and the examination of the teeth | by Dr. T. A. Vogel. Nothing new was brought out on the cross-examination. Dr. Thomas A. Vogel, dentist, at 2202 Howard street, was the next witness. | *Did you know Minnie Williams during her lifetime?” asked Prosecuting Attorney Wakeman. “About four years.” “When did you last see her alive ?” RI“Ata reception given to Dr. Gibson in the church four weeks ago.” “Did you see Miss Williams when she left the church that night?”’ | “Yes, sir; I accompanied her home. She and I first accompanied Miss Lord to her | home and then Miss Williams went to my house and stayed all night with my | cousin.” | “Do you know the defendant Durrant?” s, sir.” 5 es, sir. | _“Did he attend a meeting of the Young | People’s Society at your house on Friday evening, the 12th 2" | GENERAL DICKINSON CROSS-EXAMINING DR. GIBSON. by a “Call” artist.] told to answer aid.” hammer and d as being with him to the v were kept in the n drawer of a room in the back part ght % e, saying that specimens all over the ) on, obedient as a domesticated Jamb when the defense asked him to write on | separate slips of paper his own name, that Pro T hernstern. g the first task nanship he complied with the follow- equest of the counsel for defense to the same names on one piece of You preached in the Baptist chapel in St. ws, did you not?”’ soNes; | “Do you recall the name of the street on | which the chapel stands?"” the principal street of the place. 1 lived there eight years and you incipal street of St. An- say you cannot re- he street?”’ I was there for eight years, *Yes, sir. but I can’t just now recall the name of the ! street.” “What were your relations with the 1y?” wasnext asked. very pleasant.” e to_go into your study and chat with you, and did you not sometimes call him Theo?"” “He came into my study about three | mes, but I don't remember ever calling n Theo?"” Durrant was a pretty useful man about the church, was he not?” “Yes, He did a great deal of work, and he was a goed singer, singing tenor | and bassin the choir.” | in the habit of letting him do ; we let him do all he cou Now, as to the basin spoken of in the ack room. Did you ever use it for toilet ses %, Sir. “‘How often?" | ~That depended wholly on | s es.” o furnished the towels for the were furnished by myself.” se towels kept?”’ 2 drawer near the basin.” u_ have the towels washed and ck to the church yourself?” Yes, « “Did you notice any blood stains on any of them?”’ *No, sir; not that I know of.” lbert O. McElroy, 18 years of age, liv- t 40 Shotwell street, was next called. Vhere were you on Friday night, April 2, between the hLours of 7:30 and 8:30 ock 7 ‘On Bartlett street, near Twenty-third.” “}\"nr)m did you see there?"” et woman.’ |, It was another case of slouch hat and long black overcoat. } *‘Did you notice anything strange in their | actions?” | ““When they passed me the man tried to shield the woman with his shoulder like."’ “What was the difference in their size?” |, “The man was considerable taller than his companion. As they got down to the corner a womwan came along and passed | them.” ‘‘How was the man dressed ?”" = t};{t had a long dark overcoat and slouch at. Being shown the hat and coat witness was unable to identify the garments. He said the coat looked something like that far as he cared to go a%narem]yA *Have you seen Durrant since that night?” : “Yes, sir; I saw him in the Chief's office Sunday night.” “How do you think he compared with the man you saw Friday night?” con- tinued Mr. Barnes. “Well, the hat, coat and hair looked something like, but Durrant seemed to be two or three inches shorter than the man 1 saw.” D On cross-examination nothinf new was elicited, neither was the witness led to mix up his statements. On the redirect witness was asked by Mr. Barnes: “What did you see after the man and woman were gone ?"” “While I was around back of the church I saw a light moving about in the lower floor of the church.’” g The witness had been waiting for a {riend named Minner when hesaw the board 2" | they | “I can’t just remember at the instant. he wanted to, were you not?” | circum- | saw aman go up toward the corner worn by the man he saw, but that was as | 11 5t Ve, isir | “Was he secretary of that society 2" “Ido not know positively, though think | he was acting secretary.’ **What time did he arrive the night of the society meeting?”’ { “I think it was about 9:30 o’clock.” | “What was hisappearance on his arrival at your house?”’ “Well, he seemed overheated and his disheveled. He asked to wash his 1d brush his hair and I took him into my office.” “Did he where he had been?” | .. %I do not remember exactly, though I | think something was said which left the ) impression on my mind that he had been | | out with the signal corps.” ‘‘How long did he take to wash his hands | and perform his toilet?"’ | “About two minutes.” | “Were you in the room with him during | that time?” parlor.” _‘““Was the business meeting over at the | time of his arrival?” #¥ e, Kir" _“Had Durrant been at your house on sim occasions before?’ e, iT i '“EO-WW“ recall how he was dressed that | night? “I think I can. He had on a long, dark | OV(‘E‘O&[ and soft hat.” ‘Do you think you could identify hat and coat ?”’ o T *‘Possibly.” Witness was thereupon shown the de- fendant’s hat and coat. He said they looked very much like those worn by him on the night of the society meeting."” “When did Durrant leave your house | that night?” | *He left with the rest of the company. { Imet him just outside the threshoid as I ‘5 was going to accompany two young ladies | | home who were without escorts.” “Did Durrant go along with the crowd ?” “Yes, sir. He went as far as Twenty- | fourth street and there left us, saying that | as he wanted to get HY early to go away with the Signal Corps he must get home.” Before being turned over to the defense | witness answered a few questions as to his | identification of Minnie Williams after | death by examining her teeth. Cross-examination. “You say you were standing on the stairs when Durrant cume in on the night of the | society meeting at your house?’ asked | General Dickenson. “Yes, sir.” “How do you know it was half-past 9 o'clock when Durrant arrived ?”” “‘Because my father was standing at the head of the stairsand just as Durrant came he looked at his watch and remarked that it was just hali-past 9 o’clock.” ‘“Was there anything unusual in his a) pearance when he arrived at your house?"); “Nothing except that he was overheated and that his hair was rumpled.” ““Was there anything in his appearance to_indicate that his heated appearance might not have been caused from rapid | walking?” “No, sir; it might have been caused from rapid walking.” “Did he act natun]]! as ever during the | evening—move around among the guests and chat with them as any one else might | have done?”’ “Yes, sir. “Do you think you could identify the clothes worn by Durrant at the society meeting at yonr house?” “I cannot_tell.” Durrant, in obedience to the instruction of his counsel, left his seat and walked over a few paces nearer the witness-stand in order that the doctor might obtain a good look at his attire. Nothing material was elicited during the further ucstmnin% Miss Catherine B. Stevens, one of the oung ladies who discovered the body of KIinnie ‘Williams on the S8aturday morning following the party at Dr. Vogel's, was then called. The accused was perfectly self-possessed. He was natural, without being self-con- scious in the effort at nonchaiance, and as he looked straight into the eye of his former friend and church associate an open and friendly smile overspread his face and a faint color mounted to cheek and brow. He remained standing until witness said he was satisfied he could not identify the prisoner’s attire as being the same or even similar to that worn by him on the night of the Christian Endeavor gathering. “Were you in Emmanuel Church on the morning of Saturday, April 132" “Yes, sir.” 5 ““Who were you with?” “Mrs. Nolt, Miss Lord and Miss Bevey.” “Did you see the body?"”" ¥ es, Sir.? “What did you do then?” “1 left the room.” “Yes, sir; and then we went into the | | | | “Did you know Miss Williams during her lifetime?”’ 2 “Just to speak to her—a speaking ac- quaintance.” ‘“‘Are gou a member of the Christian En- deavor Society ?” ~‘Yes, sir.”’ ¥ “Do you know Miss Fales, Miss Lord, Mrs. Nolt, Miss Berry, Mr. Wolfe and Mr. Durrant?’ Yes, sir.” “Did 1\:‘ou see them at the meeting of the society Friday evening?” “Yes, sir.” “What time did you leave Dr. Vogel's house that evening?”’ “A little after 11 o’clock.” “Where did Durrant leave your party that night?” “At the corner of Twenty-fourth and Howard streets.” i On cross-examination witness said that Durrant’s manner throughout the evening at Dr. Vogel’s was as natural as ever. Miss Miriam Lord of 846 Capp street was recalled: § 3 “Did you know Minnie Williams during her lifetime ?"” “I knew her about four years.” “Were you in Emmanuel Church Satur- day morning before Easter?” “Yes, sir. 1 was there with Mrs. Nolt and Miss Stevens. Mrs. Nolt wanted to go into the library, and when we went into the room she made the remark that there were no books in sight. We then stepped over to the closet door and opened it, and there on the floor lay the body.” “Did you stay to examine it?” “No, sir.” “Did you notify anybody at the time?” “No, sir; not personally. We spoke to the janitor boy.” ‘Witness in subsequent answers corrob- grated the preceding witness relative to Durrant’s movements on Friday night, when the party separated on going home, etc. Wolfe, Durrant and witness walked from Twenty-fourth and Howard, where they left the other party, to Twenty-fourth and Capp streets, where Durrant left Wolfe and the witness. On cross-examination she also corrobora- ted the preceding witness as to Durrant’s natural manner on the Friday night at Dr. Vogel’s house. Attorney Barnes announced that he had some very important business of a private nature to attend to in the aflernoon, and that while he had every confidence in Mr. Wakeman, he still desired to be vresent throughout the entire examination as he expected to be with the case in the Su- perior Court, and would, therefore, ask the court for a continuance until 10 o’clock Friday morning. *‘How much longer do you think it will take the prosecution to get all of the testi- mony in? asked Judge Conlan, *1’think, your Honor, that we can finish by the noon adjournment to-morrow if you | will grant the continuance until 10 o’clock in the morning,” replied the counsel for the people. The defense started to interpose an ob- jection, but after General Dickinson and Zugene Deuprey had consulted a few mo- ments they concluded to let Mr. Barnes look after his private affairs witout opposi- tion from them. Attorney Barnes’ handsome round face was in perihelion with the warm flush of pleasure which overspread it from mus- tache to mansard at this evidence of fra- y and professional sym- pathy from his brother ‘*Cokesters.” A roar from the bailiff, a filling out of Captain Douglass’ brass-buttoned chest measure, a shuflling of 0 feet and court stood adjourned until this morning at 10 o’clock. CRANKS DEVELOPED. Tricks of the Morbidly Curious to Get a View of Dur- rant. The firm stand taken by Chief of Police Crowley in keeping the morbidly curious out of the City Prison has prevented it being turned into a public museum to which thousands would have flocked to see Durrant. A case such as the terrible Em- manuel Church trsgedy brings to public notice many sorts of cranks. veral who are bordering on the verge of insanity get so exercised that they be- come insane, whileothers resort to all sorts of tricks to gain a view of the murderer. Some wish to be brought in connection with a murderer so as to gain notoriety, possibly for business purposes, but the ma- jority only hunger to see the murderer out of morbid curiosity. Mrs. Williamson, who made a scene in court, and the many who have written letters to the police and the newspapers, have evidently gone in- sane by thinking about the case when par- tially unbalanced mentally. The ardor of the morbidly curious was considerably dampened by Chief Crow- ley’s order that no flowers be sent to Dur- rant, and many who habitually fawn on murderers have failed to get near the doors of the City Prison. Several police- men have been stationed at different places in front of the prison ever since the arrest of Durrant, and few were let in the lines formed by the strict guard. Two women of more than middle age, who for vears have had the habit of calling on al- lezed murderers made their nimeamnce soon_after Durrant’s arrest, and when re- fused admittance were astonished, and went away muttering threats against the Police Department. Some women in the guise of spiritualists, physiognomists and phrenologists have repeatedly called at the prison, and have made all’ sorts of excuses to get a view of the accused murderer. One old woman said she could determine whether Dur- rant was guilty or innocent by placing her hand on any part of Durrant’s body, either his face or his feet. Another claimed to be able to tell by the shape of Durrant’s head and neck whether he could have been able to commit such crimes as he is charged with. None of these women secured permission to see Durrant, for they were classed with retended s?iritunlists who claimed to have received spirit messages from Blanche Lamont and Minnie Williams which they desired to deliver to Durrant. One woman was cunning enough to gain the much coveted view of the accused murderer. A few daysagoa neat-appear- ing woman and a rechrtnble-lockin man came to the office of the Chief of Police. The woman said she lived near the Cooper Medical College, and if Durrant was the man she believed him to be she would have some valuable information for the police, She was given a good look at Durrant, and then said he was not the man. As she and her supposed husband went away they smiled triumphantly, and the police believe she only resorted toa sub- terfuge to iratify her curiosity. The tricks tried by other people, both men and women, have been very numer- ous. Some come into the prison under the pretense of looking through the prison, as they are strangers in town, others come to look for mythical lost children, while others inquire for :ugpoued friends, ex- pressing the fear they have been arrested for insanity or drunkenness. Many of these have been admitted, but they are taken quickly past Durrant’s cell and” they have no chance to see him, as he generally sits at the rear of the cell, where he can- not be seen very dirtinctly. So,in the cases of all the morbidly curious none but the one couple have succeeded in getting a good view of the man, who is thankful to the police for at least one thing, that of not being placed on exhibition as a public curiosity. The Blythe Case Again. In the matter ot the estate of Thomas H. Blythe and the appeal of Alice Edith Blythe, the time for filing appellant’s brief in reply in the appeal expired estexduf. Henry E. Highton, the atiorney for appellant, has a lied for ten s’ extension in which to file is brief, averring pressing engagements and illness to account for the needed dolay. A Robber Convicted. Thomas Hutchison, charged with robbing Michael Mattison of $12 50, was convicted in Judge Wallace's court {e!terdly by a jury. Hutchison has a previous conviction™ for robbery against him. A P. BROWN ISN'T GREEN, He Succeeded in Drawing a Salary Without Doing the Work. CEMENT FOR THE CITY FRONT. An Unknown Mixing-Room—Work of Soule and Marx—Report on the Concrete. A. Page Brown, architect of the ferry foundation and of his own fortunes, was for once in evidence on the water front yesterday. Not very largely in evidence was Mr. Brown, for he shrank from a per- sonal encounter with the noxious gases from the sewers and the perfume of bilge water. The complexion of the architect has been depicted as glowing in nearly all the colors of the ralnbow in the past few days, but there is one color which cannot be said to have set with becoming dignity on the brow of this modern contractor of amined. Professor Marx took a cube of concrete from one of the walls and will make a test of it at Stanford. The only part of the work that cannot be got at for examination is the piling under the piers, and whether there are seventy-five piles under each pier and are driven the re- quired depth into the bay bottom.” The following is a report of a test made by Superintenfient Noble oi the Pacific Rolling-mills at tbe request of Engineer Holmes which is favorable to the quality of the concrete: H. C. Holmes Fsq.—DEAR SIR: I received from you two blocks of concrete marked Nos. 2 and 3. These blocks I tested for compression with the following results: No. 2—The elastic limit was 46,530 pounds. Pressure was maintained until rupture began and showed 55,950 pounds. Did not carry the pressure to destruction. No. 3—The elastic limit was 48,650 pounds. Pressure maintained until rupture began and showed 56,700 pounds. Did not carry the pressure to destruction. Ireturn herewith the blocks with the 01151- nal marks on them. This concrete is especially good and above the average. Yours truly. P. NOBLE. Engineer Holmes says in further ex- planation of the above test that four sam- les were taken out at the places indicated y Soule and Marx, and Nos. 1 and 4 were carried away by the professors while Nos. 2 and 3 were sent to Mr. Noble. “The average crushing strain for con- crete six months old,” said Mr. Holmes, ‘‘is sixty tons to the square foot. No 2 | sample was one-fourth of a square foot in | area. Consequently the rock was sub- | jected to a | square foot, | tober 23, 1894, | “Sample No. 3 was one-third of a square pressure of 112 tons to the his concrete was put in Oc- PROFESSORS MARX AND SOULE, WHO ARE NOW ENGAGED ON THE WORK O INVESTIGATING THE FERRY FOUNDATION. temples and towers and ferry foundations, and that 1s a bright emerald setting. ““Mr. Brown cannot be said to be green by a tower site, or a mill site or any other site,” said a man yesterday who has been keeping tab on the progress of the work at the foot of Market street. ‘“In the language of President Colnon and the contract, Mr. Brown has not done his work, but he has the money for not doing it just the same. It looked black for Brown when Colnon set his i him nted blue and red since, but you can’t say that he was green inasmuch as he got the ducats before they were due him.” Mr. Brown has evidently come to the conclusion that something more than sug- gestions in specifications and the drawin, of plans is due to the Harbor Commission- ers and the public for the $20,000 he has drawn down, and while he did not think it compatible with his dignity to appear in person on. the foundation he sent his rep- resentative in the person of a draughts- man from his office named Rowell. The latter spent the better part of yvesterday on top of l‘l(‘ piers and supervised the work. “Mr. Brown s he has had a man on the foundations all the time,” said Presi- dent Colnon, “but if he has nobody con- nected with the work has been fortunate enough in making the acquaintance of the entleman. I surely have not met him. Neither has the inspector of the founda- tions. Mr. Brown has evidently concluded that it was a part of his contract to super- vise the work and for that reason has put a man down on the foundation to take hi place.” Harry Gray, one of the contractors, who has been supplying the concrete in the Architect A. Page Brown, Who Is Charged With Having Violated His Contract. (From a photograph.] foundations, said yesterday that the al- leged report of the Grand Jury, published in yesterday’s morning’s Chronicle, was a isstatement all through. or amused at_that article,’” said Mr. Gray. “It was a series of misrepresentations from beginning to end. The man who made the charges about mixing the cement with brickdust once worked for us, and we dis- charged him for drunkenness. We have no mixing-room either at the quarry or at the ferry. The concrete is mixed on a platform at the foundation and in full sight of the inspectors and the public.” While Architect Brown is trying to *‘keep out of the newspapers’’ and telling the Harbor Commissioners that he was so busy he could not supervise his own work President Colnon’s scientific experts are dipping systematically down into the ferry é)undations to learn just what was done when Mr. Brown, architect, was elsewhere. Professors Soule and Marx of Berkelez and Stanford are making a most thoroug examination of the whole work. From the piling to the character of the rock used, from the cement to the concrete, every item in the construction will be put to the severest test, and the final report of the scholarly examinersewill be full and accurate. Z ‘“Professors Soule and Marx,” said Mr. Colnon yesterday, “have been selected in view of "their high characters and general fitness, ana from their scientific tests ap- plied to the work and material the ques- tion of the dunbiliéy of the foundations will be forever settled. They are at liberty to conduct their examinations as they may choose, and the Board of Harbor Com- missioners will assist them lhl’ol_lfh every stage of the survey. The work will be hur- ried forward as fast as ‘fmmble, which will necessarily be retarded because of the fact that Professors Soule and Marx are employed five days of the week at their respeciive universities, and can only put their off or leisure time on this duty. 3 “They have visited the Telegraph Hill quarry, from which the rock is taken, and selected specimens for a test as to density. Portions of the cement and everything used in the concrete, as well as the man- ner of forming the concrete, will be ex- vestigation on foot, and I've seen | ‘ foot in area, and was subjected to a break- ing strain of eighty-five tons to the square \ foot. This was put in the piers June 27,1894. The first sample was one-fifth part cement and the second one-sixth.” Mr. Holmes states that the Grand Jury may take samples of concrete from any | part of the piers which are properly _set. | The order for cement is given on J. D. reckels & Bros., who deliver it to McNab & Smith, the draying firm, by whom the | cement is hauled to tne ferry. No mixing is done_at the quarry, according to En- gineer Holmes, but on the platform at the | ferry, where the work can be viewed and | inspected by the public. VERDICT FOR DICK HEATH, The Jury in the Examiner Libel Suit Awards Him Dam- ages. y Attorneys W. H. L. Barnes and Grove L. Johnson Argue at Length. The suit for $10,000 damages for libel brought by Richard S. Heath against the Examiner for referriug to him as having participated in a barroom tight came to a conclusion in the Superior Court yester- day, a jury returning a verdict for the plaintiff and assessing the damages at $2500. Yesterday's proceedings consisted mainly of argument by counsel. Attorney W. H. L. Barnes opened, Grove L. Johnson replied and Barnes closed. Both attorneys made a special effort, and the courtroom of Judge Murphy, where the case was tried before Judge Hunt and a jury, was crowded throughout the day. General Barnes opened by picturing the wide infiuence for good or evil of a metro- politan journal, and insisted upon the ne- cessity for fair and careful treatment of the news. He said that the Examiner had been affected by animus against Heath in publishing this libel, and that its retrac- tion was, if possible, worse than the ar- ticle comf\]ained of. Counsel compared the character of the witnesses who had spoken for and against his client’s reputation and condemned the testimony of any junketing party of men, who, on slight “acquaintance, had, he said, come to swear away a man’s char- acter. He explained that there were com- pensating damaiss and exemplary dam- ages, and that the nature of this assault on his client could only be met by the jury awarding exemplary damages. The gen- eral pictured the acute misery and shame occasioned the innocent victim and his relativesfrom a libelous article, and plainly stated that the Examiner in implicating Heath in this saloon row had simply de- sired to further embarrass the man it believed uil}y of the McWhirter murder. Grove i ohnson almost immediately in his reply took the ground that Heatn was a rowdy and a barroom brawler and | as such could not be libeled in being mixed up in a saloon fight. He declared that if the article had been written about Corbett or Sullivan they would not have recognized itasalibel. As a matter of fact the Ex- aminer had depicted Heath as a chivalric champion of a friend who had been as- saulted. He described the necessity for great papers to disseminate intelligence and uphold morality and maintained that by its retraction the Examiner had done everything possible or needed in order to appease the feelings of a rowdy and a man oF fighting blood. He declared that his seventeen g‘resno witnesses who had testi- fied to Heath's bad character were in- finitely more worthy of credence than Heath’s eleven San Francisco witnesses to his good character. At the most Heath was not entitled to more than $1 damages. In his closing remarks General Barnes deprecated the attack on his client, who he declared had been proved a reformed man. He stated that he himself had taken the case merely out of .refani for General Heath, the young man’s father, for friend- ship for W. W. Foote, Heath’s attorney, and also because he believed young Heath had been hounded without the least jus- tice. He did not seek money in the case, and at first had offered to settle on condi- tion that he received a vindication which might be made part of Heath’s record in his trial then coming on. That vindica- tion had been delayed, and now it was left to the jury to giveit. The jury was outonly a little over an hour, and upon its return rendered the verdict as stated. The usual stay of pro- ceedings to allow of an appeal was granted. ————— Silk is so cheap in Madagascar that the poorest people wear clothing made of it. PALESTINE CORN Is hard to beat. Can be planted till june. Yields about 2,000 Ibs. corn and tons excellent fodder peracre on dry land. Canbe harvested with combined harvester. Send $1 peracre for seed desired. Address: MENTO RIVER NURSERY CO0., WALNUT CROVE, CALIF. VAL VVVVS ! MATCHLESS It is marvelous the power of money ! Asan example of what ready money will accomplish in a depressed market he: this pretty Oxford Tie, vici kid foxed, with pointed toe, V-shaped tips, turned soles. We sell it for $LOO. It looks and fits as well as any $150 tie, and will give splendid service. Remember, your money back if not satisfactory. SOUTHERN TIES. CASH! CASH! CASH! That is the secret of our low prices. We have the largest Cash capital of any concern in San Francisco, and we buy at NET CASH PRICES. Therefore, while others must charge you $2 and 250 for this latest and prettiest style of low shoe we can sell it at $1.50. Tan cloth top, tan vici kid fox, pointed toe and tip, hand turned, and your money back if not satis- factory. Sizes 4 to 8, A pretty tan shoe, V-shaped tip, sgring heels, neat square toe, for children between 2 and 5 years. This is a good shoe for wear, and the color s just a shade dark, verg- ing on russet. It will not show the dirt as readily as the lighter shades. 81,25 For the older children, those be- tween the ages of 6 and 12, we've a stylish tan shoe, neatly finished, a good fitter and splendid wearer. Others will ask half a dollar more for the same shoe. Sizes 8 to 10% = Sizes 11 to 2 = $l.25 $l.50 LOW SHOES FOR .CHILDREN. $1.25 SANDALS. These little slippers for the chil. dren are, we believe, carried by us exclusively. At any rate, our prices are exclusive.” They come 1 tan or patent leather, medium round toes, spring heelsand turned soles. The prettiest kind of slip- per for after-dinner wear in sum- mer hotels or for dancing parties. Sizes5to 714.. Sizes 8 to 1014. Sizes 11 to 2 Children’s Tan Oxfords. Graceful, stylish, serviceable, and at prices astonishingly low. Sizes5to 7%4. Sizes & to 1014 Sizes 11 to 2. We are the San Fran= cisco selling agents for Buckingham & Hecht’s San Francisco made Fine Shoes. Country orders filled aad shipped upon receipt. G Catalogue free upon application. Kasts 738-740 Market St. HE LATEST DESIGNS In WOOLENS.-FOR SPRING 1893, HAVE ARRIVED. H- 8. anHE &c 622 Market St., ) « stairs, opp. Pal. i{ntrl