The San Francisco Call. Newspaper, May 1, 1895, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, MAY 1, 1895. 7 WEDNESDAY ... oo MAY 1, 1895 OITY NEWS IN BRIEF. For condensed city news read the seventh page of the CALL. Brief city items are to be found on this pa ©f the Ca y day. e The will of Jacob Bacon, the printer, was filed for probate yesterdsy. Louis von der Mehden Jr. made his San Fran- cisco debut last night as a ’cellist. Local items, bright and brief, can be for on this page of the CALL every day. g e Daniel J. Murphy and his wife cele- 2d their silver wedding last night. nce policies on dwellings are written vears at the price of one year. Occasional light showers to-day; nearly sta- tionary temperature; fresh westerly winds. _ Entries for the bench show closed with 381 dogs, and the coast cities yet to be heard from. e regents of the university find themselves in financial straits, and learn that there will be & deficit of $12,000. Southern Pacific overland passenger tickets Were removed yesterday from all local agencies except the Santa Fe office. A crowd of Tamalpais burros en route from Tiburon to Qakland played havoc on the water front yesterday afternoon. Time-tables of the railroad companies are published free of charge in the CALL for the accommodation of the public. Jenitor Sademan has cleared out of Em- ed flowers which JUDGE CAMPBELL CLEAR, The Impeachment Charges Against Him Are Dis- missed. COMMENDED BY THE COURT. Sald to Have Exercised Due Care In Accepting a Ball Bond. Police Court Judge J. A. Campbell was completely exonerated by Superior Court Judge Sanderson yesterday in the impeach- ment proceedings, based on a presentment filed by the Grand Jury, charging him with having accepted a worthless bond for the appearance of a criminal on trial in Judge Low’s court. The man was W. D. Pierce, charged in Judge Low’s court with grand larceny. That Judge had set the bail at $3000, and Judge Campbell after- ward accepted two sureties in that amount in the persons of Thomas F. Barry and John Linahan. Judge Campbell announced through his attorneys, Friedenrich & Ackerman, that ster decorations. rick intimetes that he will re- e bills of contractors for April arnishing supplies. ad company to run between Alameda 2 Joaquin counties to tap some coal fields was incorporated yesterday. s wanted by the i¢ a forged check for $20 on E. 29 Pacific avenue. by the author of “The Heavenly the books Pastor Gibson kept e Emmanael Church. guests from the south of the Hall- ub were tendered an informal recep- he Union League Club last night. a grocer and retail on in insolvency, his and his assets 11 not tal action lose shops on Sun- 11l after the expiration of two weeks 1ardt explained yesterday why are sad, and H.J. Crocker told s had been made with the John Schaue ,a gardene; olice for pa: f ck to the side door of Emmanuel d of being an_ordinary one had " and cannot be opened with a yan of the Southern Pacific no valid reason why the 1d refuse money for Tail- 1 &nd Joe Cotton were the only ites at the track yesterday. The g horses were Tiny, Del Norte, arrested yesterday for of the Board of Super- its the selling of pools e racetrack. police have received numerons com- from people have a grievance g the coupon system adopted by some photographic galleries. ‘Numerous names written on the woodwork of the tower of Emmanuel Church indicate that Durrant wes not the only man who was Trouble is expected in three of the Police Court this morning, when the recent ap- assume the duties of Prose- 1 sporting news read in the CALL are up t A review of sport- ing events is give: Saturday morning. ington, who shot and killed 0 May 2, 1 i ©11 0f the Super < of impaneling the jury will commence to- | Jake Dreyfus had his friend Julius Block ed yesterday on the charge of grand 1 stealing from the room they occu- | deed to & piece of property belonging rided Daly’s com- for the entertain- T t Hall, at the Palace last evening. The play was well put on rendered. irectors of the Valley road conferred with the Stockton Commercial Association ycsterday and an agreement between them was definitely made on rights of way and promises of build- ing & railway to Kern County. A suit of Theo Marceau against Mrs. Ida N d of the photographer's wife, was stice Groezinger's court yesterday, 11 of $176 on whi the suit was ght was compromised for $50. The new Krag-Jorgensen rifle for the United States army will be issued to the soldiers st Angel Island to-day. The Secretary of War has issued instructions as how to handle the weapon when heated by rapid firing. E.L. Allen, 210 Steiner street, tried roller skating for the first time last night in the rink on Hayes street, near Larkin. He fell and broke his rignt Jeg just above the ankle. He was taken to.the Receiving Hospital. The mysterious disappearance of Cashier Smith 1s as yet_unexplained. Rumor connects him with the Fair whesat desl, and says further that he will_turn up agein at the proper time. Tt is believed by some that he is still in the Ci The impeachment proceedings against Police Judge J. A. Campbell for accepting s worth- less bail bond for a criminal on trial in another court were terminated in Judge Sanderson’s court yesterday by the defendant’s complete exoneration, A. Anixter was found guilty of felony yester- day in Judge Belcher’s department of the Euperior Court. It was proven that he fraudu- lently concealed property with the intentto defraud Harry Kahu, the complainant, and other creditors. William Roach, 15 years of age, was booked at the City Prison last night on the charge of burglary by_Policemen George Collins and H. J. Wright. He was the accomplice of James Monahan in the burglary of the notion-store, 208} Powell street, on Sunday night. Another meeting of heads of departments will be held to-day, and if the contractors re- fuse to continue furnishing suPpHEs to the City institutions in the face of the resolutions to hold out the warrants of employes sub- scriptions will be called for to buy in the open market. Attorney Ford of the Harbor Commissioners reported to the board yesterday that A. Page Brown had violated his contract, but_that the board had practically no redress. The attor- ney was instructed to look up the law of 1872 end report whether the contract with Brown was illegal. An expeditfon will start out soon to find a long-lost gold mine of great richness that was discovered in the Mojave Tegion many vears ago. Many have perished from heat ena thirst while hunting for the ledge. Oliver Miller claims to have found the ledge years ago. A company is being orgenized in this city to re- discover the lost mine. E. Luhr, grocer, 2029 Pacific avenue, ob- tained a warrant in Judge Joachimsen’s court yesterday for the arrest of John Schaueron a cherge of forgery. Schauer is gardener for F. A. Hyde, ex-8chool Director, and Luhrs stated that he got him to cash a check for $20 on the First National Bank, which purported to be signed by Mr. Hyde, but which proved tobea forgery. Tu~n|xht’melsea to be a gala ni%hl at the California Theater as the members of the Half- million Club and their guests, who have been touring the State, are to attend the perform- ance of Grattan Donnelly’s comedy-drama, “The American Girl,” at that theater. Over fifty tickets have been taken and a good party of the State’s representative men will be at the performance. 8, L. Jones & Co. and Naval Officer John P. Irish are at outs. The former imported & quan- tity of currants from Patras, Greece, and_claim that as they did not come from Zante, Greece, they are not dutiable. Colonel irish thinks dxflew"% and Jones & Co. have consequently naid §3 duty under protest. The duty .on ;An(e currants is 134 cents a pound, and the matter will now be ¢arried to the court of last Tesort. Judge Hebbard returned from a vacation yesterday, and Judge Troutt issued a notice of adjournment until June 11. The first case de- cided by Judge Hebbard after his return was thatoiJ. M. Macdonough, W. O’B. Macdonough and Agnes M. Agar vs. Jacob Rogers, orderin, » judgment entered for plaintiffs. Judge Slac rendered a judgment for plaintiff yesterday in the case of Morris S. Borstein vs. Amanda Bwasey et al. for foreclosure of achattel mort- age in the sum of §1829 39. Clara Klpg:ll fiu petitioned the Superior Court for probate oi the will of Apalonia Kreuse, who died April 24 last leaving an estate valued at $4500. Judge James A. Campbell. [From a photograph.] no technical defense would be made, but that he would be content to have Judge Sanderson decide the matter, without a jury, on 1ts merits. District Attorney Barnes called Judge Low, who testified to having told an officer to warn the other Police Judges not to accept any bond in the case of Pierce. He could not identify Thomas F. Bnrriz; as one of the men who had applied to him as willing bondsmen for Pierce. Officer Graham said that Judge Low asked him to tell Judge Campbell to leave the matter of Pierce’s bond to him. Timothy Sullivan, clerk in Judge Low’s court, testi- fied that Judge Campbell had told him he did not understand there was any difficulty about accepting Pierce’s bond. After H. Jones of Jones & O'Donnell, attorneys for the collection of forfeited bailbonds, had related his inability to col- lect on this particular bond, Judge Camp- bell took the stand. The Judge told a Qlain story of how he | had been asked casually on his way to his home, at 410 Post street, to accept this bond. He was always being approached for that purpose, but as usual replied that if the bond was good he would "accept it. He had been particularly careful in in- specting the bond offered before approving it. He did not remember that Jud}?ze Low had asked him to leave the matter of this bond in his hands, or as a matter of cour- tesy he would have reconsidered the re- gquest to accept it. As a matter of act he had probably been required to pass on & bonds in the course of his term, and had accepted say 3000 of them, none having been prove: raw bonds. Any Judge was liable to be imposed upon, however careful he might be, in the multitude of bonds offered and other business before him. The case having been submitted, the court said: *‘This action cannot be maintained under this testimony. Itappears from the evi- dence that Judge Low, in the discharge of his duty. very properly sent Officer Graham to Judge Cumybel{ Judge Conlan and Judge Joachimsen, to caution them generally in regard to the acceptance of sureties on this bond. Judge Campbell says he has no recollection of it. Even if he had, the testimony in his behali, the bond itself, shows he took due caution in this matter. There is no showing here | that the City is to lose a dollar by the bondsmen if they are properly prosecuted. I think rather than to be accused of a lack | of duty, Judge Campbell may be com- mended for looking up the gualifications of the bondsmen as he did. The judgment will be for the defendant.” In sgeakmg of the matter afterward Judge Campbell said: “It was alleged in the accusation filed by the Grand Jury that I took a bond in a saloon. Ths state- ment was proved to be false. When this matter first came to public notice I said that I bad no fear of the result, because 1 knew that I had done nothing wrong; that I fully recognized the fact that some of the members of the Grand Jury had per- sonal animus against me. They trieéwm | defeat me at election time, because of a | case that J decided against one of the unions. One of the members of the Grand Jur{tbereupon threatened to defeat me at the polls. “I don’t care to discuss the matter further, as the decision is a complete vin- dication of my action in the bond matter.” SUICIDE OF A PENSIONER, An Invalid Veteran Soldier Disappears From the Steamer Corona. Callenden, the Colored Boarding- Master, Defies the Unlon Patrolmen. On the night of April 23 a passenger dis- appeared from his stateroom on board the Corona, while the steamer was between Ban Diego and Redondo. He purchased his ticket as L. C. Henry. In his vahse left in the stateroom was found a linen collar, upon which was writ- ten the name of H. C. Lent; also, some original verse, addressed to “Amelia,” ex- pressing in rhyme the writer’s intention to commit suicide by drowning. He spoke tenderly of two boys and it is probable they were his sons and “Amelia” is their mother. At the Royal House, 126 Ellis street, it was learned that Lent was an invalid vet- eran of the Civil War, drawing a pension from the Government. He had been in the home at Yountville for several months. Lent is reported to have been contem- plating suicide, as he was unable to sup- ort himself, and his monthly pension of 12 was not sufficient for his maintenance. One night a few weeks ago he was found on the City front with his overcoat pockets full of cobblestones with which to sink himself in the bay. He was about60 years old and came from New York to this State several years ago. Boarding Master Callenden was! taking four colored non-union sailors down to the bark Germania yvesterday, when they were slofiped on the water front by the union pickets. The quartet of dark recruits were thrown into ‘‘confusion worse confounded” by the threatening front of the enemy, but Callenden arose to the occasion. He trained a six-shooter about the size of a one-inch quick-fire rifle upon the union forces and issued a warlike proclamation, Callenden took his men aboard of the vessel while the enemy drew off to swear out a warrant charging him with drawing and exhibiting a revolver in a warlike manner. The cossting schooners Confianza, May- flower, Joseph and Mary, and Lizzie Prien are reported imprisoned up in the Siuslaw River, a small stream in Oregon emptying into the Pacific Ocean. The water has fallen and unless a_providential rain comes their way they will have to re- main in their land-locked berths until set {ree. “OASTE" AT THE STANDARD. An Old Play Presented by New People. At the New Standard Theater to-night pupils of Bélasco’s Lyceum School of Act- ing will present Robinson’s great comedy, “‘Caste.” The people who are to appear this evening are all well known socially, and for that reason alone would be sure to attract hundreds of people. A novel feature of the evening is that a mother, son and daughter make their pro- fessional debut, and they are all more or less well known in the amateur theatrical world. Mrs. Phillips, otherwise Janet Mc- Donald, for whose benefit the entertain- ment is given, is well known in San Fran- cisco, and her friends are curious to see how successfully she will render the diffi- culd role of Marquise in the play to be presented. Francis Dorsey, who is down on the bill is d’Alroy, is better known as W. Stow Hanna. This gentleman is a versatile and polished young actor, and if he keeps up to the present excellent standard of his work is destined to make a name for himself. The entire company is a good one and should play to a big audience to-night. TEARS FOR THE DEPARTED, The Funeral Services Held Over the Late Mrs. Mary W. Staples. A Touching Address by the Rev. Mr. Wendte of Oakland—Beauti- ful Flowers. In the darkened parlors of the house, 711 Taylor street, there rested yesterday morn- ing a casket covered with black cloth, in which lay the remains of Mrs. Mary W. Staples, whose death occurred last Sunday. The casket was surrounded with numer- ous floral pieces, in the composition of which were the most beautiful flowers. On the casket lid rested a crown of laurels tied with a white silken bow. There was also an immense crown of marigolds, while at the foot was a cross of orange blossoms. Around the parlors were many designs in flowers and great bunches of St. Joseph lilies, heliotropes and violets. Conspicu- ous among the many offerings was a large pillow of smilax, in which was worked in violets the word *‘Mother.” The parlors were crowded with those who in life were the friends of the family, and there were representatives of several charitable institutions with which Mrs, S_:flples had been for many years identi- fied. The Masonic Choir, D. Mayer, J. R. Ogilv J. F. Fleming, sang “Nearer, My God, to Thee,” after which Rev. Charles A. Wendte, pastor of the First Unitarian Church of Qakland, offered a_prayer. The choir then sang “Shall We Meet Beyond the River?”’ The Rev. Mr. Wendte delivered an ad- dress, in which he reviewed at great length the life of Mrs. Staples and the many good works she had been engaged in. He spoke of her love for home, of her devotion to her busband and family, of her charitable deeds on behalf of the distressed and the helpless, and declared that she was one of the truest Christians in the City, who, by her conduct in life made her one to be looked up to by all. During the delivery of the address many of those present were moved to tears. The address was followed by an eloquent Erayer for the bereaved husband and chil- ren, and then the choir, in a most feeling manner, sang ‘‘Good Night.” After the friends had taken a last look at the face of the dead the lid was replaced and the easket borne to the hearse, in waiting. The pall-bearers were: George T. Bromley, T. G. Phelps, W. H. Brown, Ira P. Runiin, John O. Earl, C. de Boice, George W. Spencer and G. F. Grant. The funeral cortege moved slowly toward the Oakland boat and was ferried across the bay. The interment was at Mountain View Cametery, Oakland. Mrs. Staples left a daughter, Mrs. H. W. Yeamans; a sister, Mrs. A. 8. Graham; two nephews, John and Myron Littlefield, and five grandchildren, four by her daugh- ter Lizzie and one by her son John, whose widow is one of "the most prominent teachers in the public schools of the City. HAD UGLY WEAPONS. Arrest of Two of Murderer Palmi’s Friends Who Were Seeking a Factional Fight. omposed of Samuel J.G. Baston and The cold-blooded shooting of Eugene Denivion Broadway some time ago by Vincento Palmi seems to have produced a factional feeling among the friends of the two men which culminated about 12 0’clock Monday night in the arrest of two men for brandishing ugly looking weapons in a crowd. The two men arrested were Louis E. Ser- roni and Louis Morello. They are friends of Palmi, and went into “Frank & Pauli’s Place,”” as a Montgomery-avenue saloon is called, evidently o pick a quarrel with some of Delivi’s friends, whom they knew to be there. Serroni, with much bragga- docio, brandished a dagger which had been made from a shears’a%)lade, and Morello exhibited a murderous knife and a loaded club in the same spirit. Those who were in the saloon.%uietly notified the police, and soon Special Officer Burge and Police- man Freel had the two would-be belliger- ents in charge, and took them to the old City Hall station, an intended assault and possible bloodshed being thus prevented in the nick of time, These weapons are a reminder of what was found in Palmi’s room after the Delivi murder. The police found there a dagger which had in its blade a slit filled with a poisonous substance, and there was also discovered a curious contrivance—a sort of nondescript weapon, by which the user could give a victim a blow as if with a slingsnot, the part of the weapon doin the mischief being a ball of very ha wood haying uglkes Pprojecting from it in all directions. This ball was attached to a swiyel at the end of a wooden handle. —————— New Incorporations. The Pasteur Germ Proof Filter Company of Ban Francisco has incorporated with a capital of le,o?lO, t]?)l which $50 has been actually subscribed. Directors—Charles B; - hard C. Brown, H. H. Brown, L. L 'é’;""’nsfi'."x M. Brown. % The L. E.Newman Compan, porated to carry on trade Kx mate business. The capital stock is has been incor- all kinds Mse ti- 10, of which $1040 has been !llbscrlbed’h the directors as follows, the first subscribin ‘1000 and the others $10 each. Dlmmn—! New- man, 8. Stencil, G. Silbeman, J. Fogel, Oscar ——— REVERIES of Florence, the great actor, in the moke of an Almighty-dollar Cigar. b NOW IN THE LAST DITCH, Contractors Have Stopped Fur- nishing Supplies to the City. TALKING, AS A REMEDY, FAILS. Auditor Broderick Proposes a Plan to Bring the Contractors to Terms. Auditor Broderick intimates that he may throw himself into the breach and save the Almshouse people and;other wards of the city, including its horses, from their im- pending starvation. He has a scheme which is calculated to loosen the vertebra of the contractors who have seen an oppor- tunity in the City’s distress, and shown a disposition to seize it. The contractors have given notice that they will furnish supplies no longer unless there is money in the treasury to pay them. The law has been quoted to them so often that they ‘“must know the status of the treasury before delivering the goods,” and as the status of the treasury has been very well advertised lately, these notices were to be expected. But in an extremity such as calls for the donations by the employes of the City of the salaries they have earned, the em- ployes will doubtless hail any solution of the difficulty which renders this unneces- sary as something in the nature of a boon. Auditor Broderick takes the ground that the contrac tors must live up to their con- tract or render themselves liable. They have contracted to furnish supplies for the fiscal year, and when they quit before the year is up the contract is broken. 3 “I believe it is time to get in and take the City’s part in this business,” he said yesterday. “The contractors have been running a bluff on the Finance Committee and everybody seems to be bowing before them as though we had no rightsin the matter whatever. Suppose I make up my mind not to audit their April bills on the ground that they have broken their con- tracts? Do you see? That will leave money enough in the treasury to enable the Finance Committee to gointo the open market and buy provisions at spot cash prices. 'Then thesalaries may also be paid for April, and no doubt money would come in sufficient to see us through May also. “With May we will have paid salaries twelve times in this fiscal year, and no man could object to only holding off the payment for a few weeks into the next fiscal year, which begins in July. The taxes wiil then begin to come in and the situation will ease up. “They have asked me to sign a guar- antee not to present warrants for myself and my men until the 29th of the month,” he continued. “Thatis all very well, but I don’t think the plan will work, and I re- fused to sign it. Suppose Mr. Whelan or some other head of a department finds a rogue in his employ and discharges him. He would come straightway to me and if I refused to audit his demand he could man- damus me. Half the men in the depart- ments are in no position to hold out their warrants, anyhow.’” Nevertheless most of the other heads of departments at the City Hall were work- ing on that line all day yesterday as the only means which recommended itself to them as a way to keep the Jarders and bins of the City’s institutions filled. A meeting was held in the morning which was neither as well attended nor as unanimous ntiment as it might have been. Supes dent Moulder presided, but it was stated early in the proceedings that the schoolteachers, not receiving their p:g from the general fund. could not be asked to contribute. Neither the Tax Collector’s, Auditor’s, Recorder’s or Justices’ clerks’ offices were represented. Mr. Creswell presented his resolution of the day before with a proviso which met the objections offered to it at that time—that it placed no condition upon the contractors. The resolution read: Resolved, That the officers composing the heads of the departments of the City and County of San Francisco, whose salaries are provided for by law, agree not to present their salary demands for the month of May, 1895, until the 29th day of June, 1895, in order that the money due might be used in the payment of the expenses of the Fire De- partment, hospitel, jails and Almhouse for the last two months of the present fiscal year, and wiil present the urgency of the situation to their subordinates and request them todo the same with their salary demands, provided that the contractors furnishing supplies, as aforesaid, shall file with the chairman of the Finance Committee of the Board of Supevisors their consent to continue to supply material to the City for such Jrrposes during the months of May and June, 1895. The resolution was adopted by a unan- imous vote—the votes of Sheriff Whelan, License_Collector Lees, Chief Deputy As- sessor Herzer, Deputy County Clerk Lee, Assistant Chief Ln%ineer Dougherty, City Attorney Creswell, Street Superintendent Ashworth and Gas Inspector Newman. Gas Inspector Newman and Sheriff Whe- lan were appointed a committee to present the resolution to the heads of the other departments for their signatures. hen the committee called on the Au- ditor, as stated, he declined to sign it. Acting Chief Dougherty said that unless supplies were furnished to-day he would be compelled to disband the Fire Depart- ment, as both feed and coal were ex- hausted. 3 The meeting adjourned until to-morrow, when it is expected the contractors will be present or be heard from as to whether they would, upon the assurance of this resolution, continue to furnish supplies. “If they do not,” said City Attorney Creswell, “‘we will endeavor to raise a fund by subscription. We can_certainly raise %go,ooo, as to-morrow will be paydnY. jth this provisions in a considerable quantity can be purchased.” To-day the limit will bave been reached and funds will have to be raised in some way if the contractors still refuse to fur- nish supplies. The Fire Department reached the last ditch on Monday night and within the next twenty-four hours will be literally crowded out. Acting Chief Dougherty is at his wit's end. On Monday night the supply of hay, straw and oats in the engine and truck houses in the downtown districts east of Polk and Sixth streets was exhausted. In the Mission and Western Addition districts there was still enoufi1 to last from three to seven days. Dough- erty at once ordered an even distribution of fodder for the livestock, that is, he took feed from the places where there was the most on hand and gave it to the engine companies where the last straw had been consumed. At engine-house 2, on Bush street, near Kearny, the supply ran out on Monday afternoon, and since then the horses have been fed on hay borrowed from the St. George stables, next door. In this respect engine 2 is gf:e most fortunate of any, as the other engine companies have not even the opportunity of borrowing food for the horses. There are in the Fire Department 200 horses to be fed, of which 175 are in actual service. The drivers have been in- structed to feed reduced rations. In a few hours, under the present con- ditions, the Fire beplrtment horses will be suffering for food. In the matter of coal, the situation is al- most as bad. It is necessary to use coal day and miht in the heaters to keep the steam up in the engines so as to bein readiness to respond at a moment’s notice. The acting Chief has had fuel moved in from_the outside engine-houses to the houses downtown so as to make the supply more uniform, ] Kl it is there is very little on hand either &kuping steam up or working ata fire. ‘Jarge engines at a big fire consume about half a ton in four hours and the smaller engines two-thirds as much. A bi§ blaze lasting three hours would com- pel Dougherty to break into -private coal- yards for fuel, as he said he would. The coal oil is exhausted and the firemen, in order to keep their lamps in order for an emergency, are obliged to purchase oil out of their own pockets. Reports from the several institutions of the City last night show that nome of them g in ‘a position to exist beyond a few S. uperintendent Weaver of the Alms- house said: “We got a load of hay vester- day, a load of potatoes the day before that and a load of coal to-day. e have put everybody on short rations, issuing one potato where we should issue three. Even with this economy we cannot survive but a couple of days, and I will be compelled to turn the people out if we do not secure relief quickly. There are a great number of Heople here who cannot walk and they will have to be maintained here, come what may. Citizens will haye to subscribe funds; that's all there is to it.” Dr. Titus said: “We have a food supply at the City and County Hospital that will last us through three days. I gota load of meat to-day and I have some potatoes. Beyond three days, however, we will be out of provisions. As for medicines and u}m]iances we are constantly running out of them. These are let on monthly con- tracts, and_no one has bid for the May contract. Weare in a bad shape to-night in this regard, and will have to begin to beg, borrow or steal to-morrow to take care of the sick.” HE DIED AT HIS POST. Isaac H. Small,the Well-Known Foundryman, Is Suddenly Taken. Heart Disease Carried Him Off While Attending to His Duties. Isaac H. Small, the well-known foundry- man, dropped dead in a warehouse on the corner of Fifth and Townsend streets yes- | terday morning. He had been called from | his machine works at 574-76 Brannan street Isaac H. Small. [Drawn from a photograph.} to attend to some repairs in the ware- nouse and while superintending the work was seized with an attack of heart disease and died before medical assistance reached him. The deceased was born in Bowdoinham, Me., November 6, 1828, and early learned the fact that America was for Americans. His grandfather was a soldier during the war for independence and his father fought valiantly for the Union. Young Small got tired of the East and in 1854 he lm:atedg at Horseshoe Bar and with his brother worked a mine for several years. In 1860 he established a foundry at Peta- luma, but not making a success of it ac- cepted the position of foreman of the Pa- afic foundry. In 1862 he went over to the Golden State foundry and a few years later established the firm of 1. H. Small & Co. In 1876 the factory and works were burned out during the great fire and the establishment was reconstructed at 574-76 Brannan street. The deceased was the patentee of the Small planing and wood-cutting machine, the Slotten cutting head (used to_hold knives in position in planers) and the roller re-saw, He was a prominent mem- ber_of the I.0.0. F., A.0. U. W. and K. of H. His first wife died about eighteen ears ago, and by her he had one son, who is now a partner in the business. By his present wife he has left one daughter. ALL THE ELITE PRESENT. An Enjoyable Performance of ‘“Love on Crutches’” Given by Mrs. Louis ¥. Auzerais. Those who were fortunate enough to be invited and attended the amateur theatri- cal performance given by Mrs. Louis F. Auzerais of 2517 Pacific avenue in Maple Hall at the Palace Hotel last evening had good cause to congratulate themselves on not having missed the highly enjoyable entertainment. Maf)le Hall was crowded to the doors by the elite 400 of San Francisco. The play rendered was Augustin Daly’s comedy, “Love on Crutches,” by special arrange- ment with Mr. Daly, and was under the direction of Hereward Hoyte. The cast, comprising all society people, was as fol- lows: Annis Austin, an ideal of the misunderstood, Mrs, Louls ¥. Auzerais ned to tempt fate & Miss Marion Rutk. Benson g for martyrdom........ ... Miss Marie Durand Miss Jessie Allen econd time Eudoxia Quattles, posini Beriha. Mrs. Gwynn's maid | Netty, Mrs. Austin’s maid f * Sydney Austin, a gentleman who has written something, .Mr. Holbrook Blinn Guy Roverl; 0 has seen some- i Mr. Alec B. Wilberforce postman Huntington Redding, M.D. Mr. Bitteredge, 4 0terviewer.oes,. Mr. Harry Hall Podd, » valet in place... ..... Nr. Charles Cosgrove Taken as a whole the peftormance was a most creditable one, the action partak- ing largely of the smoothness that is looked for only among professionals, while the reading of the lines was above the average witnessed among amateurs. Special men- tion must be mad» of the excellent man- ner in which the youthful and pretty Miss Marie Durand carried off the esm of Eudonia Quattles, a lady of about Jenn, and also of the very creditable renderin, %’l the part of Sydney Austin by Holbrool inn. At the conclusion of each act there were nerous floral tributes showered upon those who had taken the leading roles, particularly upon the ladies. e Bought the Wrong Lot. In an answer filed in the Superior Court ye'- terday in the case of Charles E. Broad vs. Easton, Eldridge & Co. for the recovery of #1030, alleged to have been a deposit unduly remitted, the defendant explains that one Johanna D. Joliffe, quite an WOmARD, Was the innocent cause of the trouble. She attended an auction sale held by the defendants, and was quite clear as to what she desired to_buy, but in the bustle and excitement she bid and id $1030 deposit on the wrong lot. n, mdrlrlge & Co. say that when they discovered the mistake thes returned the money, and ob- ject to being held responsible for the failure of sale or the amount of the deposit. Special Baggage Notice. Round-trip transfer tickets on sale at re- duced rates at our office oNLY, One trunk, round trip, 50 cents; single trip, 35 cents. Morton Special Delivery. 31 Geary street, 408 Taylor street and Oakland ferry depot. * will be AFTER THE ARCHITECT, Page Brown Violated His Con- tract, but Cannot Be Punished. AGREEMENT MAY BE ILLEGAL The Attorney-General and Attorney Ford to Look Up the Law in the Case. The report of Attorney Tirey L. Ford of the Harbor Commissioners in regard to the contract of A. Page Brown was received at the meeting of the board yesterday after- noon. The report in substance said that Mr. Brown had violated his contract in not having supervised the work on the ferry foundation. With regard teo a remedy for the architect’s dereliction of duty Mr. Ford was of the opinion that the board had no redress. The report ran: Itseems to me, from a careful reading of the entire contract that there isno escape irom the conclusion that the architect undertook as a part of his duties to examine and supervise the work upon the foundation as it progressed and to report to the board the manner in which the same was done. Thisduty of the architect to examine, super- vise and report upon the work upon the foun- dation did not begin until the said plans, draw- ings and specifications, upon approval by the board, were finally, after advertisement duly published, adopted by the board as & basis for the contract for the “ercction of said depot. When such plans, drawings and specifications were so approved and adopted by the board, then it became the duty of the architect to ex- amine and supervise the work done in pursu- ance of such plans and to report to the board the manner in which said work was done. Mr. Ford stated that the second inquiry directed to him by the board had not been free from embarrassment in its solution, the difficulty being to determine whether the contract is a ‘‘continuous” one or a “severable”’ one. e In the opinion of the attorney it isa “severable” contract, and his report con- cluded by saying: The architect has been guilty of a breach in failing to supervise the work upon the founda- tion and in failing to report conczrnin% the same. The Harbor Commissioners may bring their action for such damages as may have re- sulted from the failure of the architect to com- ply with the terms of his agreement in these | particulars, or they may withhold the compen- sation of the architectand offset their damages against his action to recover such compen- sation. When Secretary Keegan had finished reading the report President Colnon asked Mr. Ford if there was not another phase of the question. “Is it not possible,’’ asked Mr. Colnon, “‘that under the statute of 1872 this contract with Mr. Brown is no contract at all?” Attorney Ford said there was such a possibility, but that he bad not examined into the merits of the contention. In an- swering the questions of the board Mr. Ford said that he had of necessity acted upon the presumption that there was a contract. “Let us take this matter under advise- ment,” suggested Commissioner Chad- bourne, “and be sure of our standing.” Attorney Ford was instructed to look up the law in the matter and report at a future meeting. ‘It seems strange,” said Presi- dent Colnon, “that if Mr. Brown has vio- lated his contract there is no way to punish him. How would you pfilopuse proceeding, Mr. Ford, if you decide that the contract is void ?” The attorney said that the matter could be brought into the courts by the Board of Examiners refusing to allow one or more claims of the architect. In that event Brown would probably mandamus the board, angd thus the riuestion of the legality of the contract could be passed upon by the proper tribunal. After the meeting President Colnon stated that he would have Attorney-General Fitzgerald confer | with the board’s attorney in the matter. The statute referred to provides that in all public buildings not only must the work to be done be advertised for, but also the plans and specifications. Mr. Brown was appointed, and it is for this reason that the point has been raised regarding the legality of his contract. On the other hand it may be advanced that all things appertaining to the depot must come under the special law which provided for the building. Wharfingers Edward Short and Daniel F. Crowley were reappointed for four years, CONFLICT OF AUTHORITY, Police Court Officials Will Not Give Up Their Posi- tions. Interesting Developments Expected In Three of the Courts This Morning. There promises to be an interesting scene in three of the police courts this morning in conneetion with the insand outs. The appointment by the Board of Super- visors of E. P. Mogan, Charles H. Forbes and W. M. Madden as prosecuting attor- neys of Nos. 2, 1 and 4 police courts respec- tively will then take effect. Also the ap- pointment of A. L. Morgenstern, son of Supervisor Morgenstern, as clerk of Police Court 2. Prosecuting Attorneys E. H. Wakeman, John C. Enos and J. H, Roberts will be on hand this merning as usual in their re- spective courts, as they decline to be re- moved at the p’leasure of the board. There will in consequence be two prosecuting at- torneys in each court. Judge Campbell adheres to his resolu- tion to recognize Mr. Enos as the prose- cuting attorney of his court and he has in- structed Clerk O’Brien to hand the calen- dar as usual to him this morning. Judge Low, on the contrary, will recog- nize Mr. Madden as the prosecuting attor- ney of his court, and has instructed Clerk Sullivan to hand him the calendar. Mr. Roberts, the incumbent of the office, will consequently have to fight his own battle. The "most interesting conflict will be in Judge Conlan’s coyrt, where a new prose- cuting atforney and a new clerk will ask for recognition, Ambrose Watson, the clerk of the court, said yesterday that he will hand the calendar to Mr. Wakeman, and the latter will have the moral support of the Judge. . The Judge said yesterday: *‘I will posi- tively refuse to_recognize any other clerk but Ambrose Watson. I still hold the opinion that the Board of Supervisors had no right to remove him without cause, and as he is a most efficient and honest officer, 1 object strenuously to his removal, “I have not yet been advised by my attorney, Carroll Cook, in the matter, and 1 be guided entirely by his opinion. This is not a_‘bluff’ on my part, but I am in earnest. Until it is clearly proved to me that I am legally wrong in~ the stand I am taking, I will allow no other man but Watson to be clerk of my court.” Supervisor Morgenstern called upon Judge Conlan yesterday morning in p!?ls chambers, and” asked him what he in- tended to do when his son presented him- self this morning. The Judge politely but firmly told him that he would not recog- m’fi: is son at all, e ere is every probability that the courts will be asked to determine the ques- tion. Watson will hold the office, and Morgenstern will have to institute pro- ceedings to oust . The Barbers’ Union. At the meeting of the Barbers’ Union last | torneys. evening, Prestdent Klitsch mittee on the closing of shops at noon pres rented a report, butno action was taken. It was suggested that it was better not to push * shop-owners at time, but to defer action for two_weeks. This was agreed to. Mr. Bar- ron said he understood some. of the club shops shave people all Sunday. The president said if any one could show how such shops could be closed steps would be taken to close them. A MODERN LEAR'S WILL. It Vigorously Discriminates Between the Testator’'s Children. The holographic will of Jacob Bacon, filed yesterday, of which the following are excerpts, seems to indicate the vigorous discrimination exercised by the testator in regard to his children: 1, Jacob Bacon, of the City and County of San Francisco, State of California, being of sound and disposing mind, do make thismy last will and testament. Igive and bequeath to my daughter, Alice Marie Bacon, the sum of $1. I give and bequeath to my son, William Oliver Bacon, the sum of $1. I give these amounts to my children by my first marriage to prove that they are not for- gotten by me at this time; deeming that their completé withdrawal of ail filial love and rec- ggniliun has forfeited all further consideration y me. Igive and bequeath to my daughter, Mabel Bacon, the diamond finger-ring which K usually wear; also the sum of $250, to be used in the purchase of such a memento as she may desire as a memento of my undying affection for her. 1 give and bequeath to my son, Edward Rem- | ington Bacon, my gold waich as a reminder of the many “good times” the dear boy and my= self have enjoyed together; also my amethyst ring and sléeve-buttons, and whatever scarf- ping and other articles of personal jewelry I may be possessed of at my death. The residue of the estate is left to the wife, who is also made sole executrix. The estate, which consists chiefly of sharesing the Bacon Printing Company, is valued ab $10,000. The executrix has applied for letters of administration. ———————— “OOME TO JUDGMENT.” New Suits Filed Yesterday in the Supe~ rior Court. A. C. Hoffman vs. Charles Bach et al.—Com= plaint on laborers’ lien. (Fisher Ames, attore ney.) Mary D. Peters vs. Executors of the will of Ju | C. Wilmerding—To recover $15,000 on a prom- issory note. ( , attorney.) Hibernia Savings Bank vs. Harry Jardin— Complaint in foreclosure. (Tobin & Tobin, ate ) New Zealand Insurance Company vs.L. Ln Evans et al.—Complaint in interpleader. (W. 8. Goodfellow, attorney.) w2 s f O N Salesman Watson Held. The Supreme Court yesterday denied the writ of habaes corpus in the case of Watson,the salesman who was committed into the custody of the Sheriff by Judge Hebbard for refusing tg ay his wife alimony, alleging that he ha ost all bis money at the races Eres!ding, the come NEW TO-DAY—AMUSEMENTS, CALIFORNIA THEATER AL HAYMAN & Co. (Incorporated).....Proprietors nly Matinee Sat. Another Large and Enthusiastic Audi« ence Last Evening. A PLAY THAT APPEALS TO ALL. THE AMERICAN GIRL! A Comedy Drama of To-Day in Four Acts by H. Grattan Donnelly. Splendidly Acted—Beautifully Staged. ORPHEUM. O’Farrell St., bet. Stockton and Powell, ses! Delighted Audiencest y :CONSTANZ & IDA, i " of Novelties. The Peerless Kquilibrists, I Every Act a Fea- :JOHN E. DREW, ture. i The Dancing Comedian, Crowded H Miss Morrisey, the Rays, the Binns, Stu= art, Kalkasa, Brown & Harrison, Ete. Reserved seats, 25¢; Balcony, 10c; Opera chairs and Box seats, 50c. Matinee Saturday and Sunday. Parquet, 26c; Balcony, i0c; Children, dny seat, AT Mys. ERNESTINE KRELING Proprietor & Managee [ Hear the Boots of the Carbineers ” TO-NIQHT Grat Production H OFFENBACH'S MASTERPIECE, THE BRIGANDS! Popular Prices—25c and 50c¢. MOROSCO’S GRAND OPERA-HOUSE. The Handsomest Family Theater in America. WALTER MOROSCO. ...Sole Lessee and Managae | THIS EVENING THIS EVENING ! A Distinct Dramatic Event! First Production in America of Tom Craven's Great Melodrama, THE WHITE STAR! EVENING PRICES—25¢ and_500. Family Circle and Gallery, 10c. Matinees Saturday and Sunday. STANDARD THEATER. TO=-INIGEIT. TESTIMONIAL TENDERED TO JANET MACDONALD. Robertson’s Comedy, “ocasTe.’ CIRCUS ROYAL And Venetian Water Carnival, | Corner Eddy and Mason streets. CLIFF PHILLIPS. Proprietor and Managep The Public Verdict—An Unqualified Success VONLY REAL NEW PRODUCTION IN SAN FRANCISCO. FIRST TIME OF THE GREATEST WATER SPECTACLE EVER | PRESENTED IN AMERICA. Under the direction of two well-known artists. An_arenic performance of the highest order. New features weekly. Evening Prices—Parquet and Dress Circle, Re- served, 25¢ and 50c. Saturday and Sunday Matinee—Parquet, Chil- dren, 15¢; Adults, 25¢. MACDONOUGH THEATER OAKLAND). ———LAST NIGHT,—— The Great American Drama, “THE GIRL 1 LEFT BEHIND ME.” Popular Prices—25¢, 50c, 75¢ and $1. ROSE SHOW. CALIFORRIA STATE FLORAL SOCIETY, PALACE HOTEL, g MARBLE HALL AND MAPLE ROOM, May 2, 8 and 4. Admission (day), 25¢; Evening (select RUNNING RUNNING RACES ! RACES CALIFORNIA JOCKEY CLUB RACES, WINTER MEETING, BAY DISTRICT TRACK, COMMENCING SATURDAY, OCT. 27, 1894, Races Monday, Tuesday, Wednesday, Thursday, Friday and Saturday-Raia or Shine. Five or more races each day. Races start at 3 &n.nurp. McAllister and Geary sireetcars pass