The San Francisco Call. Newspaper, May 8, 1895, Page 5

THE SAN FRANCISCO CALL, WEDENSDAY, MAY 8, 1895 SLIPPED JUST N TIME A Murderous Assault on the Mate of the Tillie Starbuck. “HOODLUM HARRY'S” CRIME. The Captain’s Wife Goes to the Rescue of the First Officer. The American ship Tillie Starbuck ar- from Hongkong on Monday evening dropped anchor in the stream off Fol- wharf. Shortly after her mud- : was lowered into the water a number I aded by “Hoodlum Harry” Hendricksen, went on board and began to ¢ with the men to induce them to Captain Curtis had gone ashore ate Nicholson was in charge. He | whether such orders had been delivered or | | were in store, and all orders delivered with- out payment were to be paia for by the manager in cash. The manager was to give his entire time and attention to the business. and give a Dbond in §2000 for the proper performance of hisduty. The manager was also to abstain from the use of intoxicating liquors of all | kinds and was to deposit $500 security for compliance with that command, to become :he property of the company on its viola- ion. The manager admits that in August, 1894, he did indulge in intoxicating liquors, but avers “that his said use of the same was in and about defendant’s business and { to further the interests thereof, and that the defendant suffered no damage or detri- | ment thereby.” | _On November 8, 1894, the manager left the company’s service with its consent, and now he asks for the return of the $500 security on the prohibition clause, the $2000 on the faithiul performance of his duty clause and $48 salary and commis- sion still due. it S A R MRS, NELLIE WELCH FOUND. | She Disappeared From Her Home About Ten Days Ago. | Mrs. Nellie Welch, who disappeared from | her home at 11 Allen street on Sunday, April 28, has been found. The police se- | cured trace of her three or four days ago, | and yesterday morning Detectives Egan MRS, FRENCH INDIGNANT, She Was the Author of the Resolution Against Judge Bahrs. SAYS HILLYER ISN'T GUILTY. She Will Fight the Battle Out and Let the People Know the Facts. The coming chapters of events in the William Coleman case, now awaiting trial in Judge Bahrs’ court, bid fair to grow more diverting, and Attorney Cross’ sar- castic flings at Curtiss Hillyer last Satur- day morning have brought on Judge Bahrs’ head the deep indignation of the author of the denunciatory resolutions against the Judge adopted by the Union for Practical Progress which Mr. Cross THE AMERICAN IRON SHIP TILLIE E. [Sketched for the “Call” by Coulter.] STARBUCK. - had set the men to work unbending the sails and he told the runners that he did not want them to interfere with the crew, hands would be needed for a couple According to the mate’s story, Hendrick- sen made some uncomplimentary remark about mates in eral and threatened to break this particu mate’s head. The mate hit the runner a staggering blow on the jaw and Hendricksen’s right hand soucht his hip pocket. The mate turned I ran toward the cabin, when a shot out. A bullet plowed through his ing and imbedded itself in* the cabin urtis, wife of the captain, dodged Tiottls tilities 1ed on deck with the reached the deck there 1t but “*Hoodlum Harr, »n had had a most rem s he sped toward the cabin ting in the front of o the deck. s at that time that Had Nicholson re- t he wouid have prob- the murderous run- When s s soon as she caught ndricksen’s pistol she hastened e her weapon to the mate. n needed no second bidding to ain, and armed with the cap- revolver he burst through the cabin Meantime Hendricksen’s friends hdraw, and he ng over the rail when the mate t. Vi another shot from the hood- volver, but the bullet flew wide of 1 the big revolver in his hand, his r trembling on the trigger. The mate looked at Hendricksen, then looked at the revolver, and conciuded to take cha on Hendricksen. He longed to take a shot at the retreating boat, but he su was not quite what the revolver would do if he touched the trigger. He y resolved to let the hoodlum go and r. When Captain Curtis heard of the trouble on board his ship he was highly indignant. He did not say much, but from his muttered growls it wa of what he would have done had be been aboard when ““Hoodlum Har started to declare himself on deck. Hendricksen was arrested yesterday afternoon and locked up at the North Harbor station on a charge of assault to murder. DRANK FOR THE FIRM, Singular Condition Disclosed in a Suit Commenced by a Managing Tatlor. A novel suit was commenced in the Buperior Court Monday, in which an ex- managing tailor asks for the recovery of a $500 penalty for drinking to excess, and makes the defense that he indulged in strong liquors in the interest of the firm. He also asks for the return of a mortgage given in security of a bond, and for $48 back wages and commission. The stringency of the contract drawn up | between the plaintiff, Alexander Mc- Donald, and the Gabel Tailor Company of New Jersey is shown in the following: Alexander McDonald was to be employed from July 24, 1894, as general manager of the company at a salary of $150 per month and one-quarter of one per cent of the actual sales made at the company’s differ- ent stores, which the manager wasdirected to and examine. ‘When any store was placed under the employe’s exclusive management he was to be subject to special conditions, viz.: that his salary should not be payable until the mm?‘n received his monthly “‘unpaid order list,” and the amount of any delivered order remaining unpaid should be deducted from the salary and percent- age. The manager was to pay all the ex- enses-of the store out of the receipts and e responsible for all goods and damages. He was to send a monthly report of the “‘yardage” and a daily report of the day’s business, a weekly ‘‘cutting list” showing the amount of goods cut and the amount of orders for goods uncalled for, and a weekly “manufacturing report sheet” showing number of orders manufactured and the cost thereof. He was also to send a certified monthly statement showing the number of orders made up and not paid for, also showing began and | shooter that the | Both | icksen’s friends pulled him down | bat and the mate rushed to the | asy to judge | her home. | She had been a sufferer from la grippe, | which affected her mind. She wandered | aimlessly about during the day and slept and Silvey found her in the Del Monte | mistakenly credited to Mr. Hillyer, specia House, 1030 Howard street, and took her to ’ counsel for the prosecution in the Cole- | man case. | | Mrs. Rose M. French called upon Mr. | Hillyer yesterday and offered to sign an in different lodgingz-houses at night. She | affidavit that she was responsible for the | wore a cape similar to the one worn by | resolutions, and that he (Mr. Hillyer) had the same height, the police think the one has been mistaken for the other. THE BAY VIEW VALLEY |An Important Street Im prove- ment in South San Francisco. | A Residence Suburb to Be Opened by Extending Rallroad Avenue. The people of South San Francisco are | with a statement of the facts whicl considerably interested in a move that is being made toward opening Railroad ave- nue from Eighteenth to the Five-mile House, a distance of a mile and a half. It has afar greater significance than [ | | | | Miss Stella Hughes, and, as she is about | not taken any part in the drafting or pre- sentation of the resolutions, and was not even informed that such action was con- templated. When interviewed concerning the resolutions yesterday Mrs. French said: ‘““‘As assistant secretary of the Law and Order League 1 followed closely the ups and downs of the Coleman case, and when Judge Bahrs, whose connection with the Liquor-dealers’ Association is notorious, | refused to transfer the case of this saloon- | keeper, Coleman, who was arrested for violating the side-door and dive ordinance, the object in view was ro patent that I be- lieved the public should know what sort of a man Judge Bahrs is. So.with the as- ance of Mr. John M. Reynolds, I pre- pared a set of resolutions and introduced them in the Union for Practical Progress, oc- casioned their preparation. The Practical Progress Union adopted them unani- mously. Mr. Hillyer is not a member of the union, did not assist in preparing nor know that I intended to prepare the reso- lutions, and was not present when they a simple street improvement. It means | were adopted. This occurred last Wednes- the opening of over 300 acres of land to | ¢ those who cannot purchase homes in the more thickly populated parts of the City. Six mouths ago a proposition was made to the Supervisors to order this thorough- work, which will cost about $75,000. The vithin the next week or ten days the be brought up and put and project will through. Lying along this avenue the Bay View | Land Comvpany, a combination of the | Luning estate and Kittle property, own 1100 acres; Mrs. Hudson owns 60 acres, and | the Southern Pacific Company owns 90 | acres. The surveyors for the Jatter company are at work on the road at present. It is the intention of the company to extend the | electric railroad from its present terminus on Eighteenth avenue to the Five-mile House, on the old San Bruno road. | other words, it is one of the first steps that | isto be taken in the construction of the | proposed San Mateo boulevard, as the peo- | ple in that section of the City are desirous of having the thoroughfare touch South Ban Francisco. “When Railroad avenue is graded and the electric cars are running into Bay View you will see hundreds of homes of laborers and mechanics,” said William H. Finch, a business man in South San Francisco. “The purpose of the improvement is to throw open the land for sale in building lots. Lumber can be landed from schoon- | ers on the bay near by, and thus save | freighting. The Visitacion Valley Water | Company can supply the section with | water, and the gas mains here can be tapped for light. There is no better cli- mate in the country than at Bay View.”” — o OFF TO THE BIG TREES. Uncle Sam’s Soldiers to Guard the Yoscmite and Sequoia Park. Troops I and K, of the Fourth Cavalry, will leave the Presidio this morning for their summer headquarters in the Yo- semite Valley and Sequoia Park. Troop I is under the command of Captain James Lockett and Troop K is commanded by Captain Alexander Rodgers. Each troop will number about sixty men. The sol- diers will take charge of the two reserva- tions, which will be guarded by mounted patrols, !u]lg armed to prevent trespassers and sheep-herders from entering Uncle Sam’s parks. Particular care will be taken to prevent any lumbermen from destroy- ing any of the trees. During their stay the soldiers will be under direct instruc- tions from the War Department at Wash- ington. The soldiers will incidentally in- dulge in considerable target practice. They will not return until October 1. ————————— Tasso’s mother was “peculiar.” Ttis be- lieved by some writers that the madness with wh)i'ch he was afflicted was inherited. In | | protest of one or two property-owners | Hijjyer knew nothin caused the matter to be laid over for six. action and had noti months; but now they are ““won over,” | statement of any of the facts of the Cole- | evening. On Thursday evening the Civic Federation met and I again recounted the facts in the Coleman case,and Mr. C. C. Terrill moved to indorse the resolutions of the Practical Progress Union. *‘Mr. Hillyer protested against the mo- fare graded and covered with macaaam | tion, and it was referred to the committee and the whole district assessed for the | {OT the enforcement of law with instruc- tions to report the facts at the next meet- ing. As on the preceding evening Mr. of my contemplated ing to do with the man case. In fact he declined to say any- thing about the case, though calle({upon by members of the federation to do so. When Attorney Cross, who has conducted Coleman’s defense, so shamefully and bit- terly attacked Mr. Hillyer in court last Saturday morning I decided that the facts of the case had been perverted a little too much for human endurance and that I would take up this affair and tight it out on my own account. The idea of a court allowing an attorney for a defendant | awaiting trial to defend the court itself from charges of irejudice. “‘Judge Bahrs knows very well that Mr, Hillyer can neither be punished for con- tempt or disbarred for those resolutions even if he had had something to do with them, and if he wasn’t ashamed of him- self he wouldn’t need a defender. I will assist Mr. Hillyer to get evidence that he had nothing to do with those resolutions.” Mr. Hillyer was seen and had this to say last evening concerning the Coleman case : “I took no gln in framing the resolu- tions against Judge Bahrs and protested wninst them at the very first opportunity. hen they were, introduced in the Civic Federation I received my first intimation that such was contemplated in that body. 1 opposed them, because it was my opinion that it wasn’t proper to attempt such coer- cion while the case was under submission. Itis wrong in principle. The establish- ment of such a precedent would do more harm than good in nine cases out of ten. The purpose of the resolutions was to charge the court with being affected by outside influence, and in passing the reso- lutions the federation would be guilty of the very thing they were condemning in others. I will prepare my case and demand a hearing in this matter shortly. Mr. Cross’ attack was uncalled for nnrfhi.u as- sertions untrue.” AN ALUMINUM GODDESS. She Will Stand With Shining Wings Above the City Hall Dome—An- other Extension. The statue which is destined to some day stand on the apex of the dome at the City Hall will probably be made of alumi- num—light and white. The contract with the sculptor, F. Marion Wells, was for a figure in white metal, but the City Hall Commission has latterly had doubts as to the utility of the metal for the purpose, fearing that itis too heavy and too brittle for the great and windy beight—the wings liable to break off. Bo they have been discussing alumi- num and at the meeting yesterday morn- ing practically decided to adoptitand to pay the contractors the difference in the price. The architect and superintendent were instructed to estimate the cost in aluminum so that they may judge what the difference will be. O'Connell & Lewis, contractors for.the dome, were given a further extension of thirty days’ time. § Auditor Broderick said he thought the work on the dome was proceeding very slowly. Contractor Lewis said that, while to outside appearances very little was being done, something over 150,000 pounds of steel had been riveted inside since the work of laying the terra cotta and brick work had stopped. Mayor Sutro again called attention to the need of cleaning out the filth in the base- ment, as he said the air of the entire build- ing was contaminated by it. The superin- tendent said the work could not be done for less than $150. The Mayor thought the cost was slight as compared to the benefit. “The officials of the City Hall,” be said, ‘“‘ought to be considered as among the best citizens. They ought not, therefore, to be compelled to do business in a place mnotoriously un- healthy. This is the dampest building in town. The walls are charged with moist- ure absorbed from its wet foundation. I think we should look out for our health.”” HER WORK APPRECIATED A Testimonial Offered Mrs. Laura de Force Gordon. to Muslic, Recitatlion, an Address on Christian Socialism, and a Dance. Crystal Hall in Pythian Castle was well filled last night by the friends of the Young Woman’s Suffrage Club, who as- sembled to show their appreciation of the efforts of Mrs. Laura de Force Gordon in behalf of the rights of women. The hall was tastefully decorated with flowers and the president’s desk was rich with deep golden eschscholtzia and lupin. Many of the ladies in the audience were in evening dress, as it was announced that after the regular entertainment there would be a dance in a hall adjoining. This was a perfect bower of the wild floral beauties of California, and the American flag appeared here and there in token of the patriotism of the members of the club. Mrs. Gordon, attired in a claret-colored velvet gown occupied a seat on the plat- form, but did not address the meeting. Mre. Fannie Lemme, the president, said that although this was the regular open meeting it had an additional feature, being a testimonial to Mrs. Laura de Force Gor- don, in recognition of the effective work she had done at Sacramento during the session of the Legislature. The first number on the programme was an overture by Ronaldson’s band, which wae followed by a vocal duet by Misses Hattie and Addie Whitesides. They sang “Still in the Nizht” so acceptably that they were forced to give an encore—sing- ing “Baby’s Pizture on the Wall.” Miss Celia Greene, a bright miss yet in her teens, recited in a very pleasing man- ner “‘Our Folks.” Mrs. Bessie R. Dibble, who has a sweet soprano voice, sang with much feeling “Waiting” by Millard, which was received with loud applause. The speaker of the evening, the Rev. Dr. Scott, said that he could bear personal tes- timony to the efficient services of Mrs. Gordon in Sacramento. She was there, busy in the attempt to accomplish the purpose for which she went, but she accomplished more in one day than the committee of 100 that went up on a mission of reform accomplished. ’I‘Eey had not succeeded in the main ob- ject, neither the reform committee nor Mrs. Gordon, because the Legislature was not one that was in favor of reform. The speaker then delivered an exhaust- ive address on ‘‘Christian Socialism,” which he some time ago delivered before a meeting of Presbyterian ministers, He.re- viewed socialism and claimed that it is not destructive, but constructive, and from a Christian standpoint is identical with the gospel; that socialism 1s the dawning of a new hope, and for that reason is espoused by the oppressed and opposed by the rich. The evening’s entertainment concluded with a dance and collation. = B S A THREE WILLS FILED. The Estates of Abraham Powell, Mrs. D. J. Staples and C. P. Jones Disposed Of. The will of Abraham Powell, the late general manager of the Puget Sound Lum- ber Company, was filed for probate yester- day. It makes bequests as follows: James Henry Powell, a son, all decedent’s interest in the real property at Good Intent N.J., aiso gold match-box and gold-mounted sleeve-buttons; Mary Louisa, now Mrs. Frank A. Leach, a daughter, of Oakland, gold locket; Priscilla Fiorence Powell, a daughter, diamond Ting and pearl shirt stud; Eva Paxton Powell, gold watch and pearlstud; Lorena Blanche Pow- ell, crystal ornament and pearlstud; Frank A. Leach), son-in-law, gold watch chain; Abraham Powell Lench, his grandson, his great-grand- father's silver watch and decedent’s gold- headed cane; Sarah Louisa Powell, wife, all silver plate, household furniture, etc., ‘and half of the estate, the children to take the residue, share and share alike. The wife and children are to have the benefit of the insur- ance policy of decedent. All the property of testator except that mentioned, and his stock in the Puget Sound Lumber Company, is to be sold within not more than two years after his death. But the stock named is to bekeJ)lin- tact for ten years and the income divided into four parts, one going to the executrix and one to each ot the three unmarried dnughlem, to determine at their marriage. At the expira- tion of ten years it is directed that the stock be sold and the estate closed. The will of Mrs. D. J. Staples has been filed for probate. She leaves to each of her five grandchildren, Edwin Einlen Painter, David Staples Painter, Lizzie Darwinia Fainter (children of decedent’s daughter, Mrs. Lizzie Painter, now deceased) and Elsie Staples (child of decedent’s son, John C. Staples, now deceased), $1000 and an equal share in the decedent’s right in the “Coffey ranch” in San Joaquin County. To the four Painter children is left all the decedent’s sil- verware including table service. vases and wedding presents. “This bequest is made,” says the will, “‘for the reason that these chil- dren have been deprived by their stepmother of similar ware of their parents which con- sisted largely of wedding presents to their mother. Books were left to the two grandchildren and to Mrs, Dr. H. W. Yemans, a daughter of testa- trix. To this dsughter arealso bequeathed the decedent’s wardrobe, diamond set, includin; earrings, lace, barbpin and bracelet set, wit three diamonds on clover-leaf design, gold bracelets and all interest in an insurance pol- icy on the life of decedent’s husband. Other personal jewelry, etc., is distributed as follows: To a granddaughter, Phoebe Painter, a dinmond ring, with emerald center; grand- dnughter, Lizzie Painter, moonstone, set with diamonds, rubies and saphires; grand- son, Edward Painter, ancient Indian ring with colored chasing; grandson, David Painter, & vase commemorative of fortieth marriage an- niversary. The testatrix’ twin sister, Mrs, Elizabeth Rob- bins, is given $500 and the other sister, Mrs. Adam 8 Graham, a like sum. The house, lot and furniture at 711 Taylor street is left {o the husband as a home for him, decedent's daughter, Mrs. Yemans, and the randchildren. Mrs. Bina Frances Yemans. a aughter, is appointed guardian of the grand- children and decedent’s husband, D. J. Staples, and William J. Dutton and Bernard Faymon- ville are appointed executors without bonds. The will is dated November 10, 1892, and is witndessed by Louis Weinmann and’ Henry ard. The will of Charles P. Jones,who died on May 1, 1895, has been filed. He leaves an estate valned at $12.000 to his six nieces in New Jersey and appoints Guy C. Earl exe- cutor. Evangelist Thomas H. Lawson. “Angelic Ministrations” will receive atten- tiou to-night at the St. Paul Mission, St. Paul's Church, Mission street, between PFifth and Sixth. at the hands of the versatile youn evangelist Thomas H. Lawson. Thursday anc Friday nights wiil be iaken by Dr. P. Brett Morgan and the Rev.J. H. n, T0 FIGHT IN THE OPEN, A Formal Contest to the First Fair Will Filed at Last. CHARLES L. FAIR, CHAMPION. Undue Influence on the Part of the Executors Is Plalnly Charged. Pursuant to the opinion rendered on Monday by Judge Slack, the proponents, or rather one of the proponents, of the second Fair will yesterday filed a formal contest to the admission to probate of the first or stolen will. Charles L. Fair is made the champion of the propononts, the attorneys urging that it is not necessary for Mrs. Herman Oelrichs and Miss Vir- ginia Fair to join. They maintain that the thing to break is the will, and the will once broken is broken for all. Action on the contest will probably be taken this morning. The contest is very long, much space be- ing taken up with a recital of facts with which the public is familiar. After stating the death of James G. Fair, the filing of the will of the 21st of September, 1894, and its loss in the files, the document gives the full text of the will of Scptember 24, 1894, which contestants claim is genuine and the last will made. The contestants then proceed to particu- larize by sections the objectionable para- graphs of the first or “alleged” will. }i‘hey object particularly to the trust clause giv- ing to the executors the control of the estate; the legacies to Angus, Bresse, Clark and Stewart; the clause perpetuat- ing the trust of the trustees; the disinher- iting of Charles Fair’s offspring, and the forfeiture clause. Then follows: Your petitioner avers that each and every alleged part and alleged portion hereinabove set forth of the said alleged last will and testa- ment of said James Graham Fair, deceased, dated September 21,1894 (if in iact the said alleged instrument was ever made or executed by said deceased), was and were procured to be made by, and was and were and is and are, the direct result of undue influence exerted upon and oyer the enid James Graham Fair. And your petitioner further avers that at the time of the making and execution of the said alleged last wiil and testament (if in fact sald alleged instrument wasever made orexecuted), and for a long time prior thereto, and con- tinuously thereafter until his death, the said James Graham Fair, decensed, was' suffering from Bright's disease and from other physical diseases and disorders, the precise names and nature of which are unknown to your peti- tioner, and that by reason théreof the said James Graham Fair, deceased, became and was on sald 21st day of September, and for a long time prior thereto, weakened 'in body and in mind, and susceptible to prejudice and to the influence and artifices of designing persons, and particularly to the influences and artifices of those who possessed his trust and confi- dence. That for a long time prior to the making and execution of said alleged last will and testa- ment divers designing persons, who possessed the trust and confidence of sald deceased, had the desire and intent to influence and induce the aioresaid James Graham Fair, deceased, to make & last will and testament, in such form that the estate of said James Graham Fair, de- ceased, should after his death be placed in trust for a very long period of time, and that the provisions of said will should be so ar- ranged that very large profits, remunerations and benefits should accrue therefrom and thereunder to them. That thereafler and pursuant to their afore- said design and intent, the said parties com- bined, conspired and confederated together for the purpose of infinencing and compelling the said James Graham Fair, contrary to his own wishes and will, but pursuant to their wishes and will, to make and execute a last will and testament wherein and whereby they would be benefited as aforesaid. And to thatend said conspirators continually urged and pressed upon the said Graham Fair, deceased, that he make a will containing identical provisions aileged to be mentioned in the alleged will, dated September 21, 1894, which are herein’ above set forth and herein and hereby con- tested. That further to that end and for the purpoe of prejudicing the said James Graham air against each and all of his children the said conspirators willfully and falsely repre- sented to said James Graham Fair, deceased, and persuaded him to believe that your peti- tioner and the other children of said deceased did not care for him, said James Graham Fair, and had no affection for him,and that your petitioner and the other chidren of said deceased were anxiously wait- ing for him, said James Graham Fair, to'die in order that your petitioner and said other chil- dren might get his property, and that your petitioner and the other children of said de- ceased had so expressed themselves to them (said conspirators), and that if the said James Graham Feir, deceased, should leave any part or portion of his property absolutely to your petitioner or to the other'children of sald de- ceased, or otherwise than in trust, as in said alleged last will and testament dated Septem- ber 21, 1894, provided for, that your petitioner and the other children of said deceased would squander or dissipate whatever they so re- ceived, That each and all of the aforesaid representations and statements to said James Graham Fair were false and were at all times known to be false by the said conspirators. That by reason of the weakness of mind and body of the said James Graham Fair, deceased, and of his suseeptibility to prejudice and the influence and artifices of those about him, and by reason of the confidential relations existing between the said deceased and the said con- spirators, and by reason of the aforesaid mis- representations of said conspirators, the said James Graham Fair was induced and per- suaded against his true wishes and desires, but pursuant to the wishes and desires of the conspirators, to make, execute and insert in the said alleged last will and testament, dated September 21, 1894—if, in fact, he ever made or executed said instrument—each and all of the parts thereof hereinabove set forth and herein and hereby contested, and that each and every of the said parts thereof herein and hereby contested was procured to be made and ‘was made and inserted in said alleged last will and testament as the direct result of undue in- fluence exerted upon and over the said James Graham Fair, deceascd, by the said conspir- ators as aforesaid. Wherefore your petitioner prays: First—That all proceedings upon the afore- said petition for the probate of said alleged will Euled September 21, 1894, be stayed until the application to probafe said will dated Sep- tember 24, 1894, shall have been heard and de- termined,and if the said will dated September 24,1894, shall be admitted to probate that thereupon the petition of said Goodfellow, Angus, Bresse and Crothers for the probate of the said alleged last will and testament of said James Graham Fair, deceased, dated the 21st day of September, 1894, be dismissed. Second—That said alleged will dated Septems ber 21, 1894, be denied probate; and, Third -That each and every said alleged part and alleged parts of the aforesaid alleged will, dated September 21, 1894, hereinbefore set forth, and hereby contested, be adjudged null and void: and that each and every of the said allegea parts thereof be denied probate. ‘That if hereafter issue shall be joined herein upon this petition and proceeding that the special issues involved in such proceeding be submitted to a jary, and your petitioner hereby requests and demnands ldjlll'y trial of the issues involved in this proceeding. And your Lpetinouer will ever pray, etc. CHARLES L. FaIR, Petitioner. KN1GHT & HEGGERTY, Attorneys for Petitioner. GARBER, BOALT & BIsHOP, and WILSON & WiLsoN of Counsel THOSE SLIPPERY BONDS. Another Chapter in the Complicated Story of the San Francisco and San Mateo Railway. The California Title Insurance and Trust Company has a suit pending against the San Francisco and San Mateo Railway Company et al., in which C. C. Butler in- tervenes. The trust company wants the railway company’s affairs straightened out and Butler claims a large number of the bonds of the road as pledgee. Yesterday one of the defendants in the action, the Risdon Iron and Locomotive Works, filed an answer to Butler's com- plaint in_intervention, in which Butler, C. A. Spreckels Jr. and others n})pegr in a curious light as having simply juggled with the bonds. Butler, it appears, with other stockholders, requested the Sunset Construction Company to foreclose the mortgage it held on the road, on the Eround that they held the majority of the onds. Butler said he had and C. A. Spreckels Jr. said he had 100. Now this defendant says that the Con- struction Company never owned those bonds and that ‘‘the said 400 bonds held by him were wrongfully, fraudulently and unlawfully obtained by him by the unlaw- ful and collusive acts of himself and his co-directors in _the corporations, and the bonds held by C. A. Spreckels Jr. were ob- tained by him in collusion with the direct- ors, with full knowledge of the wrongful acts of the directors.” The answer then details the ancient his- tory of the road’s tinanciering of the first mortgage bonds to the amount of $1,000,000. It tells how Behrend Joost and W. F. Thomas received the first $100,000 of them for transfer of franchises, etc., and how the railroad company contracted with its alter ego, the 8. S. Company, to build the road for the remaining $1,000,000, which it after- ward ‘‘agreed with itself” to use to raise money. Butler lent $200,000, and although he was in both companies thus got some of the bonds. The Risdon Iron Works also claims a lien on the property of the road superior to that claimed by Butler in the form of an attachment. WHAT[VEHEEUST BE. The Second South Side Bou- levard Club Has Been Organized. Bitumen on Folsom Street Even if the Dollar Limit Must Be Passed. Another South Side Boulevard Club was organized Monday night at an enthusiastic meeting held at Folsom and Eighth streets. Joseph Kelly is the president. Supervisor Hobbs of the Eleventh Ward was present and proved one of the most ardent supporters of the project to bitumi- nize Folsom street from the wharf to Twenty-ninth street. *‘I’ll say, for one of the Supervisors, that I am with you,” was the unmistakable manner in which he ex- pressed himself. He also took occasion to inform the meeting that Mr. Spreckels had told him during the day that he was heart- ily in favor of it, and would do all he could toward making the boulevard a realization. “So that’s two out of the twelve Super- visors you can count on,” he added, by way of a clincher, and the applause with which it was received was loud and long. Amonfi the others who gave their views, at length, were ex-Supervisor Taber and C. C. Terrill, who was once Superintend- ent of Streets. Much was said about the next tax levy. The general sentiment of the gathering was not in favor of keeping down to the one-dollar limit. Mr. Hobbs said: ‘The Board of Supervisors will not be able to make the tax levy until next September. You do not have to wait until then, though, because the board, immediately aiter the 1st of July, can order the work done and then the City will have twelve months in which to pay for it. No contractor would refuse a piece of work with that understanding. There is one thing you must take into consideration, however, and that is that a great many items of expenditnre —some of them pretty big, like the $350,000 for the completion of the new City Hall—will have to be provided for in the next estimate; and, then, if the Supreme Court should alter its decision and say that we must pay the con- tractors what we owe them, as we ought to do, you must not complain if we have to go be- yond the $1 limit. So far as the $1 limit is concerned you cannot run this City on that basis if you want the public improvements you expect. Ex-Supervisor Taber said: Seeing the number of additional demands that will in all probability be made for street and other public improvements, it_should not be a matter of surprise if the board does have to go beyond the dollar limit. Ex-Assemblyman Terrill said: The Eleventh Ward should have more rep- resentation on the board. However, we can safely count on two members. Since there are a number of blocks that have to be torn up the City will find it just about as cheap to ve the entire street with bitumen, and infinitely better. As to the one-dollar limit I have been opposing it for twenty years. _All the money I have gotis in real esiate and I never yet ob- jected to a public improvement. I am willing to pay my portion of the expense whether the levy be 1, $1 50 or $2. The streets as they have been have cost me more for horses and buggies than it would have cost me in taxes to have them all paved. 1t was decided to have the committee chosen by the South Side Improvement Club at Folsom and Twenty-fourth streets Saturday night confer with the Street Committee of the board on Thursday and the Committee on Finance at its Friday afternoon session. During the meeting some very pleasant things were said of the CavLL for the rrogressive spirit manifested by it in behalf of public improvements. e Docking a Whaleback. The whaleback steamer City of Everett gave an exhibition of her prowess as a whari- smasher vesterday. She was rooting her way through the mud at the entrance of the Beale- street pier trying to make a landing with her load ot coal af the Oregon Improvement Com- pany’s warehouse. The engines were working at full speed and the huge hull was slowly plowing its way in when it suddenly plunged ahead, striking the wharf and utterly wreck- ing abont thirty feet of the fabric. The vessel was not damaged in the least, and_her effi- ciency as a ram was well demonstrated. SR e S G R The Barbers’ Union. Vice-President Hammon presided at the meet- Ing of the Barbers’ Union last evening. The ball committee was given until next week to make its final return. The plenic committee reported that it had decided to hold the picnic on the 14th of July, in case the French colony does not celebrate on that day. 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