The San Francisco Call. Newspaper, May 21, 1895, Page 14

ASSUME THE AGGRESSIVE. Claus Spreckels and His Wife Sue Rudolph for an Accounting. STUNG BY HIS INGRATITUDE. The Ingrate’s Income Depended on His Father’s In- dulgence. Claus Spreckels Sr. and his wife have at last turned upon their ungrateful off- spring. Yesterday they brought suit against Rudolph Spreckels for a return and accounting of 5000 shares of Paauhau Plantation stock, valued at $500,000, and yielding a monthly income of $5000. This is only the natural sequel of the litigation set on foot by Rudolph and his brother, C. A. Spreckels, in combination, to vex, annoy and harass their parents. For the past year and a half unwarranted and unnecessary suits have been brought against their aged father and mother, who endured them for a time and acted only on the defensive. Finally patience ceased to be a virtue, especially wnen the annoyance culminated last Friday evening in an outrageous attempt to impede the trip to Europe for the health and pleasure of their father and mother and sister. It was this lastact of ingratitude that brought the long-suffering father and mother to set on foot litigation to cut off the income and fortune of their ingrate son. Almost the last instruction left by Claus Spreckels Sr. to his attorneys, Delmas & Shortridge, was to commence this litiga- tion. It will be followed by other aggres- sive actions calling the sons to a further financial reckoning with their father. Briefly stated, the suit instituted yester- day will turn the tables on the young men and relegate them to the position of depen- dency whence they were raised by their father’s indulgence. The law is quite clear as to how this may be done. For instance, in regard to this stock which is claimed by Rudolph, it appears that it was delivered to him by his father about two vears ago and has since remained in his name. But the delivery was not made with the con- sent of Mrs. Spreckels and she has decided that the time has come to demand its recall. Probably, had the sons not com- menced to vex and harass their father, the $500,000 might have remained with Ru- dolph indefinitely. But not content with | hints, Rudolph Spreckels has openly aliied | himself with C. Spreckels in the process of goading their father past endurance, and it has been from the income of this very stock in dispute that the sinews of | their unfilial war have been secured. The stock in dispute was community | property. As the complaint says with | some unconscious pathos: *“The said plaintiffs, Claus Spreckels and Anna C. Spreckels, are and for more than forty ars last past have been husband and wife.” The property was accumulated as a resuit of hard work and thrift. It was | intrusted to one of their sons, who has | never known what it is to save and toil, and who, as a rich man’s son, turned against his loving parents. The mother has determined to restrain her wayward | son and withdraw his resources, which he | was misusing, to the annoyance and in- | jury of those to whom he owed all that he Possessed of the good things of life. The law provides that no community property can be given away by the hus- band without the written consent o f the wife. Any such purported delivery of roperty 1s absolutely void. This has Eeen decided in innumerable cases of alleged transfers of dowers, homestead, | ete. Therefore, when Mrs. Spreckels recog- nized that the sons, whom she and her | husband had enriched, had reached the limit of ingratitude, she said that they had also reached the limit of their power to | harass their father. The sons had only re- | ceived the stock a short time, and already Mrs. Spreckels heard they were hypothe- cating and incumbering the hard-earned fruits of their father’s toil. In accordance with this determination to take de i i uided and rs. Spreckels yesterday filed the follow- ing suit: In the Superior Court of the City and County of San Francisco, State of California. Claus Spreckels and Anna C. Spreckels, his wife, plaintiffs, vs. Rudolph Spreckels, de- fendant. Complaint. The plaintiffs above named complain of the defendant above named, and for cause of ac- tion allege: I. That the said plaintiffs, Claus Spreckels and Anna C. Spreckels, are and for more than forty years last past have been husband and wife. In. That on or about the 31st day of July, 1893, the said plaintiffis owned and ever since have owned, as husband and wife and as commun- ity property, 5000 shares of the capital stock of the Pasuhau Plantation Company, a cor- ration urfianized and existing under the aws of the Hawaiian Kingdom (now known as the Hawaiian Republic) and doing business es such corporation in end upon the Hawalian Islands. That seid 5000 shares of the said capital stock of said corporation was on said last- nemed dste and ever since has been and still is of the value of $500,000, and the same was on said date evidenced by certificates Nos. g Of the said capital stock of said corpo- ration. That said 5000 shares of stock of the said Peauhau Plantation Company, and the whole thereof, was upon said 31st day of July, 1893, and ever since has been and still is the com- munity property of said Claus Spreckels and his wite, Anns C. Spreckels, the plaintifls herein. That said stock and the whole thereof was upon said last-named day in the custody and possession of said plaintiff, Claus Spreckels, in * the City and County of San Francisco, and was then and there held and possessed by him as a THE LITTLE BEAR ——-AND—— THE SAN FRANCISCO CALL, TUESDAY, MAY 21, 1495. e e e e O —— part of the community property of said plain- tiffs, and not otherwise. That on the said 3}st day of July, 1893,while said 5000 shares of stock of said corporation was in possession of said Claus Spreckels and while the same was possessed by the said Claus Spreckels as community property of said plantifts, and not othierwise, the sai plaintiff, laus Spreckels, indorsed the said certificates of said stock in blank by writing thereon and on the back thereof the name of Claus Spreck- els, and thereupon and on said day last named and in the said City and County of San Francisco the said Kudolph Spreckels ob- tained and secured possession of the said certificates of said stock and of the whole thereof, as a pretended gift of the said 5000 shares of said stock and of the whole thereof, and said defendant then and there and ever since has asserted and claimed and does now assert and claim by virtue of said al- leged gift to be the owner thereof. V. That said purported gift of said stock and of the whole thereof from said Claus Spreckels to said defendant was made without any con- sideration, valuable or otherwise, and said de- fendant neither before nor at the time, nor since the making of said purported gift of said stock, has ever at any time paid or ren- dered or given unto said plaintiffs, or either of them, any consideration, valuable or other- wise, Or any equivalent, or any other thing whatever therefor. That said plaintiff, Anna C. Spreckels, the wife of said Claus Spreckels, as aforesaid, at and prior to and since the said 31st day of July, 1893, has never at any time or in any manner whatever, either in writing or other- wise, consented to the making of said pur- ported gift of said stock or any portion thereof, or the conveyance thereof, or the transfer of the possession thereof, or any part thereof, to said defendant. viI That at the time of the said puxlmrled ift of said stock to said defendant and of the delivery of the possession of the aforesaid certificates of the shares thereof to him the said stock was yielding and the said corporation was paying ihereon monthly dividends in & large amount, and from said 31st day of July, 1893, down to the present time the said stock has continued to yield and the said corporation to %&y thereon said large amount of monthly dividends. That ever since the 3lst day of July, 1893, the said defendant has received said large amount of dividends monthly; that said plaintiffs are informed and believe and therefore state that said monthly dividends so peid to and received by said de- fendant amounted to a sum of not less than $5000 per month, which said defendant has during said period received, appropriated and applied, and still does appropriate and apply, 10 his own use, and has never in any manner accounted to said plaintiffs for said dividends, nor paid the same, nor any portion thereof, to them or either of them; but, on the contrary, the said defendant has ever since said receipt of the possession of the said stock from said Claus Spreckels on said 31st day of July, 1893, claimed and asserted and pretended to the owner thereof, and has possessed and controlled said stock as ‘such owner thereof, and has ap- propriated and still does appropriate the same, and the said dividends and income thereol to his own use and benefit, and claims the right to continue 50 to do. That as said plain- tiffs are informed and believe,and therefore state, the said defendant has hypothecated large portions of said stock in an amount un- known to said glniuufis to various persons, and to secure obligations in large sums, the amount of which is also unknown to said plaintiffs, and said plaintiffs aver that unless restrained by this court the said defendant will continue to take and receive and appro- priate to his own use and benefit the dividends acceruing from said stock, and will further incumber and hypothecate the same, and | thereby the said stock and the whole thereof | ‘will become lost to said plaintiffs. VIIL That heretofore, on the 18ih day of March, 1895, the said plaintifis demanded of said de- fendarnt the return to them of said stock, and of the whole thereof, and further demanded from said defendant an accounting thereof, and of the profits, income and dividends thereof, but said defendant has at all times be- | fore and since said demand refused and neg- | lected and still refuses and neglects to return | said stock to said plaintifls, or either of them, or to render any acconnting whatever thereof, or of the said profits and dividends thereof. “Wherefore said _plaintifis pray judgment against said defendant herein, that said plain- tiffs are the owners and are entitled to the pos- session of said stock and of the whole thereof. and that said defendant has no right or title or interest therein, or to any portion thereof, and that said defendant be restrained from further alienating, hypothecating or incum- bering said stock or any portion thereof, and from drawing or receiving any of the profits and dividends thereot, and that said defendant e further directed and commanded by this | court to produce and surrender up and deliver said stock to said plaintiffs, and that he do further account to said plaintiffs for all the in- come and dividends heretofore received by him from and upon said stock, and that he pay over the same and the whole thereof to said plaintiffs as the community property of said F!Bl’nulfs, and for such other and further relief as may be meet in the premises, and tor all costs of suit. DELMAS & SHORTRIDGE, | Attorneys for plaintiffs. The complaint was verified by Samuel M. Shortridge, attorney for the plaintiff, as the code provides in the absence of the plaintiff from the State. . Judge Slack issued a preliminary in- junction as prayed for and John D. and Adolph Spreckels qualified as sureties on the accompanying bond in the sum of $25,000. A GAP IN THE FENOE. House of Correction Wall Thrown Down by a High Wind. ‘The high-wind that swept acrossthe City vesterday blew down about fifty feet of the high fence that surrounds the House of Correction. It was lucky that the acci- dent happened just after “‘lockup time'’ or some of the prisoners confined in the insti- tution might have escaped. The wind was from the west and the fence being braced only on the outside, fell in upon a large bed of flowering plants and shrubbery. The remaining 250 feet of the west wall threatened to topple over, but a guard and severai trusties succeeded in bracing it on the inside in time. The fence is twenty feet high, and on examination showed that the posts and boards are decayed below the ground. Superintendent Clarkson ordered the guards in the boxes on the four corners of the yard to remain on duty several hours longer than usual to prevent any attempt to escape on the part of the prisoners. During the night a guard was posted in the gap with strict orders as to what he should do if any one tried to pass. Sheriff ‘Whelan was notified by telephone. This break in the fence is more serious than might be supposed. In the first place it reyeals the fact that there would be little trouble to dig out under the boards, which were set deep in the ground. The next uestion is how it will be repaired. In the City’s present financial distress the super- intendent considers himself lucky to get provisions for the prisoners. It will re- quire many hundred feet of posts and boards to close the gaé) and strengthen the tottering wall that did not fall. There is THE NEW CIGAR ‘OW that he has found his first **Captain Marryat” Ci he is correspond- infly happy. - -~ = - - - ¥ “FINEST BEYOND QUESTION.” “CAPTAIN MARRYAT.” HARBURGER, HOMAN & CO., N. Y., ‘Makers. » B kS » E2E 4 * % ox PR3 H. LEVI & CO., 117-119 Market St., no money in the treasury for such purpo- ses, and none of the contractors or mer- chants will furnish the material and take chanes on being paid. ——————— BEATEN BLACK AND BLUE. Joseph Andrien Swears Out a Warrant for Xavier Mefret’s Arrest. A warrant was sworn out.in Judge Low’s court yesterday afternoon for the arrest of Xavier Mefret, director of a private school at 1321 Powell street, on the charge of bat- tery. The complaining witness is Joseph An- drien.a boy who is a pupil at Mefret’s school. The boy was accompanied by his father, who lives at 720 Montgomery avenue, The boy said he was beaten yesterda morning on the back and wrists by Mef- ret with a fruit box. He was knocked down, and while on the floor Mefret kicked him with his feet till he was almost. unconscious. He denied giving the teacher. any canse tolx; bein; pu ed. : e boy show is wrists, which were bruised and discolored, and at the request of the Judge he doffed his clothes and showed his back, which was black and blue and ‘covered w;itlt]: lumps. He had every appearance of having recei “v?l:mmllz bui’:;ing. i et en_the boy went home he told his father of how Mefret had treated him, and Mr. Andrien 10st 1o time in taking him to the City Hall and swearing out the war- rant for Mefret’s arrest. fi‘he father was intensely excited over the matter and ex- pressed his determination to make the di- rector suffer for his cruelty to the boy. ——————— THERE is an article on this market seldom equaled and never exceiled—Jesse Moore Whis- ky. Moore, Hunt & Co. guarantee its purity, * COMPANIONS IN' SESSION, Some Important and Radical Changes in Their Laws to Be Enacted. LIST OF NEW COMMITTEES. Supreme Chlef Companion Flynn Recommends an Improved Financial Pollcy. Supreme Chief Companion Mrs. K. M. Flynn called the ninth annual session of the Supreme Grand Circle of the Compan- ions of the Forest to order in due form yesterday morning in the A. 0. F. Hall, 102 O'Farrell street. There were about ninety delegates present, representing fifty-five circles. The first business was the appointment of committees, as follows: Credentials—Mrs. Ella Howard, San_ Fran- cisco; Miss Sophia Shobert, San Rafael; Mrs. Morton, San Francisco. Laws and supervision—. Boehm, H. Beaver, Mrs. Sophia yon Helms, all of San Francisco. State of the order—M. P. Light, San Fran- cisco; J. A. Dinsmore, Seattle; Mrs. K. R. Starns, Eureka, Cal. Finance—R. N, MacLennan and P. F. Mc- Mrs. Annie Monaghan, C. O. F. Nulty of San Francisco; Mrs. Annie Monaghan, Sacramento. | Mileage and per diem—Mrs. E. M. McLane, | Mrs. B. Mackrett, Miss Oriel Whitten, San | Franeisco. Next place of meeting—Mrs. O. E. Allen, Oakland; Mrs. Gregg, San Jose; Miss Shae, Stockton. Press—Mrs. Ennis, Oakland; Mrs. K. Howard, San Francisco; Miss Malloy, Eureka, Call. Written and unwritten work—Mrs. M. E. Fal- | coner, Mrs. Boyd, Mrs. Crawford, San Francisco. Distritution—Dr. Artigues. William Haack, Miss Sarah Johnson, San Francisco. In her address the supreme chief com- panion reviewed the work of the organiza- tion since the last session and stated that the membership of the order on the 1st of April was 2561 and that quite 8 number had been added since. During the term eighteen new circles have been instituted and seven have been suspended. With reference to_the financial standing of the order she said: I have found the Yel’ capita tax received by this Supreme Circle insufficient to properly conduct its business. It is necessary that a supreme officer should visit every circle in the Pacific Coast jurisdiction at least once every term. Interior circles particularly appreciate and return good results for official visitation. I would, therefore, recommend that the per capita tax be 50 cents per year. As a reward for services rendered to the | order the degree of past chief companion was conferred on H. Beaver. Discussion of amendments occupied a large portion of the session. Last evening there was an entertainment Mrs. M. Boehm, C. O. F. and ball tendered by the local circls visiting delegates. ¢ S fahe The session will continue until Wednes- day afternoon. It is expected that the laws will undergo a radical revision during the session. Great interest is being manifested in the election of officers. lgor supreme chief companion Mrs. Minnie Asher of San Francisco, the present supreme sub-chief companion, is the only candidate now an- nounced, but it is expected she will have a competitor. For supreme sub-chief com- anion the candidates are Mrs. Ella Toward and Mrs. Goodwin, both of this city. The most interesting contest will be over the supreme secretaryship. For this the candidates are Mrs. E. i’l Roy, the efficient incumbent, and Mrs. K. M. Fyl'ynn the retiring supreme chier com anion, who is being put forward for the office by her {riends, her.fine recora as chief executive baving induced them to take this course, For supreme treasurer the only candidate thus far announced is M. Boehm. Three supreme trustees are to be elected, and among the most prominent candidates is Miss Annie Monaghan of Sacramento. Mrs. gag:;é? von Helms is a candidate for inside THE SOUTHERN SUBURBS. Budget of News From the Potrero, the Mission and South San Francisco. The steamer Kahului, Captain Tyson, is at the Western Sugar Refinery’s dock with 19,240 bags of raw sugar from Kahului. Dr. Tandy Allen came in on the steamer. He has been doing medical work for three plantations—the Reciprocity, the Kipahula and Greenbaum’s. The cargo of the Golden Shore amounted to 20,180 bags of sugar. A great day’s work was done yesterday by the force at the ‘Western Sugar Refinery’s dock. Weigher John Langor got the avoirdupois of over 13,000 bags, part of the Golden Shore’s 0. enry Wonders and James Brown, two employes of the Pacific Rolling-mills, went fishing at California City Sunday, and ac- cording to J. H. Aver’s steelyards the: brought back 54 pounds of rockcod, whicg they said they unsht within four hours. They were around distributing the fish among their friends yesterday. James Eva of the Potrero, who has been very sick for some weeks, is now conva- Tescing. The steamer Jabez Howes was discharg- ing a 0 of Nanaimo coal at the Western sugar refinery yesterday. The South Francisco Mail says J. Milly and L. Nonnerman have gone {o the | celebration of Pine Hill gold mines and that the future of the diggings there is bri%:.\et. A ‘“‘grab-bag” party is to iven next Saturday evening at Myrtle Hall in South San Francisco by the Pride of the Forest iircle. South 8an Francisco Parlor, N. 8. G. W., will give a social and_hall at the opera- house in the Masonic building on June 22. Connection between the Bryant-avenue cars at the Mission-street system at Twen- ty-sixth and Mission streets is in prospect. he Bryant-street electric power house at Eleventh street is to be completed in two m%nths. < 'ontractor Newbert has begun work on the brick foundation for the s%ries of build- ingstogoup on the Driscoll estate on Sixteenth street, near Mission. 3 The team of tne Mission Turn Verein which is to attend the Pacific Kreisturn- fest, or tournament, at Los Angeles is com- f’osed of Albert Binse (instructor), John lato, John Harmes, Fred Wagner, Thomas Steen, F. Nichol, Jobn Vermerhn, Qscar Carson, Adam Stronb, William Barth, William Meserth and William Meyer. A gymnastic entertainment was given at the Turn Verein Hall on Eigh- teenth street Sunday evening for the bene- fit of the team. £ *With a few more blocks of sidewalk laid, Railroad avenue,” says the South San Francisco Mail, “‘will have three miles of twentf'-foot sidewalk.” Holly Park residents will ask Postmas- ter McCoppin to extend the 11 P. M. collec- tion to that section. At Ocean View the contract for a 3100 foot tunnel has been let by the Spring Val- ley Water Company to A. E. Buckman at $4 45 per level foot, the work to be com- pleted by October 15. Rey. P. P. Duffy, assistant rector of St. Patrick’s Church, is filling the place of Rev. D. O. Crowley at the Yoouths’ Direc- tory, 2030 Howard street, while the latter is away accompanying Archbishop Riordan to Europe. FREDERICKS 15 FEIGNINE, Judge Murphy Holds Him Sane and Sentences Him . to Death. Attorney Colwell Will Take an Ap- peal Upon a Techni- cality. Murderer Fredericks was yesterday sen- tenced to be hanged on Friday, July 26. There was some interesting testimony regarding the murderer's condition of | mind before this stage of the proceedings was reached. Before Judge Murphy’s court opened the slayer of Cashier Her- rick was subjected to a rigid medical ex- amination by three expert physicians in | the Judge’s chambers. An immense crowd gathered round the County Jail, at the approaches to the City Hall and round the courtroom itself to witness the murderer in transit. By 10:15 o’clock the courtroom was filled with peo- ple and the doors were guarded by offi- cers. Fredericks’ attorney, George E. Colwell, was present, looking very sick, and after | Judge Murphy took his seat there was a | little preliminary brush between court and | counsel as to the prisoner’s rights. Fred- | ericks had been brought in_strapped, and | Judge Murphy read the information to him in tnat condition. He told how he had killed Cashier Herrick on March 23, 1894, had been convicted of murder on | April 20, 1894, and on May 10 of that year | had been sentenced to be hanged. Now, | since the time of execution bad expired, | he appeared to _have another day set for | the execution of his sentence. Just then Attorney Colwell rose and waived any rights the Sris_oner might have | in appearing strapped, in view of any danger there might 3 However, Judge Murphy ordered the straps removed, Fredericks making little objection except to struggle slight1¥ and to bellow his customnri“'l‘nke it off.” On being assured that the straps were re- moved the court re-read the information and asked Colwell whether he had ang- e | thing to say why sentence should not passed upon his client. Colwell quoted the section of the Penal Code whereby an insane person is pro- tected from trial or punishment for a public offense and asked to be allowed to | give testimony as to Fredericks’ state "fi mind. \ | Dr. John W. Robertson, the insanity | expert, testified that he had examined Fredericks in the County Jail and in the court. Beyond all question his violence was simulated, and he realized that he was being tried for his life. He thoroughly understood his position and could not keep up the simulation for long. Dr. W. H. Mays thought Fredericks was sane and was at that moment taking men- | tal notes of the testimony. His violence | was an_endeavor to make an impression | where it would do the most good. He | mignt keep up the simulation for months or even years. Dr. A. M. Gardner, Superintendent of the N:?a Insane Asylum, said Fredericks showed no evidence of being afflicted with any known form of insanity, including furor, melancholia, dementia or acute mania. His remarks were not incoherent. Captain _Sadler, chief janitor of the County Jail, testified that he had been in Fredericks’ cell alone and had not seen any violence. Fredericks would not look at or converse with them, but nodded in answer to questions. £ After recess court was a%am crowded, among the spectators being Captain Lees. Fredericks was rather more difficult to manage than before. His Honor had observed the defendant and thought his course was not that of a maniac. There was no evidence creating any doubt in the court’s mind. Fredericks had overplayed his. part. If later he ex- hibited insanity the man would be pro- tected. But in the meantime this feigned insanity should not impose on the court. He ordered that Fredericks be executed on June 21, 1895. The District Attorney called to the court’s attention an amendment of the code by the last Legislature whereby the date of execution must . at least sixty days after the day of setting. The court was not certain that the change affected a resetting of the day, but ordered the date changed to Friday, July 26, 1895. Frederick’s attorney (Colwell) at once excepted to the change, the first order not having been vacated in form. Judge Mur- phy ordered the first order vacated on his own motion, but Colwell claims that 1t should have been done on the motion of the District Attorney, and will appeal to the Supreme Court from the order. Fredericks, who_had been unfastened to hear the new order, was restrapped and carried resisting to the prison van below. e ———— WILL BUILD A TEMPLE. The Congregation Ohabai Shalome to Open for the New Year. The Congregation Ohabai Shalome h; set to work in earnest to build its new synagogue. After considerable delay, the lot on the south side of Bush street, near Laguna, has been purchased, the sum of $11,500 being paid. The buildings now on the lot will be pulled down, and grading will be commenced immediately. It is calculated that tie cornerstone will be laid in about three weeks. The plans for the synagogue include a special room or hall for the use of the auxiliary, with stage accommodation. The whole of the interior will be illuminated by incan- descent lights, and a handsome pulpit will be a feature. It is expected that the temple will be finished in time for the thi 2 Srpldusir ki e Jewish new year in Sep- ——————— Ir.does not appear that any baking pow- der, when Presented in competition with the Royal, either at the Government tests or before world’s fair juries, has_ever re- ceived favor or award over the Royal or made an equal showi i il eq owing in purity, strength THE [LLUSTRIOUS DEAD. Remains of the Late Peter H. Burnett Borne to the Grave. SERVICES AT ST. IGNATIUS. Governor Budd Present Out of Re- spect to the Memory of the Pioneer Executive. The mortal remains of the first civil ex- ecutive of California were yesterday borne to the grave with all the dignity and honors of church and state. Peter H. Burnett had many friends and admirers in life. They were still loyal in the hour of death and came in large num- bers yesterday morning to offer a tear and a prayer in memory of the kind and ven- erable man who had journeyed to the end. Governor Budd, with full staff in brilliant uniform, was present to extend the respect of the people to the memory of the man who had stood at the head of this Govern- ment at the dawn of California statebood. The church of which the deceased was a member, with all the solemnity and grandeur so characteristic of the Catholic form of praying for the dead, lost none of its beautiful and touching devotion in the requiem services which it celebrated for the repose of the soul of the departed., The funeral procession left the Burnett residence, at 1713 Larkin street, at 9:30 o’clock and proceeded by way of Van Ness avenue 1o St. Ignatius Church. A long line of the Gentlemen’s Sodality of St. Ignatius, wearing the blue and gilded re- %alia of the society, proceeded the cortege. hen came the honorary pall-bearers (United States Senator Perkins, Judge McKinstry, Captamn James McDonald, Dr. C. D. Cleveland, Christian Reis, Alex- ander Boyd, W. A. Piper, James R. Kelly) in carriages. The hearse and mourners came next and a long line of carriages followed. At Van Ness avenue and Hayes street,and immediately in front of the church, im- mense crowds had gathered, while the edifice was packed from sanctuary to en- trance. Many prominent citizens were in attendance. The members of the Sodality formed par- allel lines from the pavement leading up the great stone steps to the entrance, and the honorary pall-bearers thus passed through the solid mass of humanity. Stal- wart men bore the casket on which rested wreaths of white and pink roses, bunches | of sweet peas and sheaves of wheat, bound with satin ribbons of delicate color. John M. Burnett, the well-known son of the illustrious dead, his wife, heavily veiled, leaning on his arm, Superior Judge and Mrs. \$allace, Mr. and Mrs. C. T. Ryland of San Jose and other immediate relatives of the family followed the casket intc the church and down the aisle to the altar raii- ing, while the soft strains of a funeral march floated down from the organ loft. At the altar Rev. Father Varsi awaited the coming of the dead. Governor Budd, |'who occupied the front pew to the left of the aisle, with his staff about him, arose as the procession approached, and, with bowed head, turned to salute the casket that held the sacred remains of an official predecessor. Just behind the Governor and staff were seated the gray and aged representatives of the Pioneer Society of California. The honorary pall-bearers and mourners were given seats to the right of the aisle, and the casket was placed on a catafalque draped in black and mounted with gold candelabrs, holding many lighted tapers. The altar was a tlood of light. The solemn requiem mass followed. A procession of acolytes, richly gowned in purple with white lace surplices, filed into the sanctuary followed by several digni- taries of the church and a large number of the clergy from different parts of the City and Oakland. Amongthem werethe Very Rev. Father Prendergast and Rev. P. C. Yorke, vicar-general and chancellor re- spectively of the archdiocese; Rev. Father Scanlan, in charge of St. Joseph’s Church; Rev. Father McNally of Oakland; Rev. Father Mulligan, Rev. Father White, the Paulist, and Rev. Brother Bettelin. Rev. Father Coltelli was the celebrant of the mass, and Rev. Father Larkin acted as deacon and Rev. Father Prelato as sub- deacon. The choir was composed of male voices, and the mass and solos were very effectively rendered. The entire service was solemn and impressive throughout. Rey. Father Cottle pronounced the eulogy of the dead, “‘whom he knew and lcveg in life.” The tribute he paid to the deceased was limited to his religious life and practices. He did not gointo the judicial, gubernatorial, professional and usiness career of his subject, but limited his remarks to his daily life and Christian W ork. . “I have been ref’uested, as having been his former pastor,”” began Father Cottle, “to say a few words of respect to the memory of our departed friend on this solemn occasion. I knew Peter Burnett in his lifetime and loved him, and only wish that some one more capable ana worthy had been selected to lpass upon his virtues and his character. I will only, however, direct your thoughts t0 his re- ligious life. It is not because of the fact that he was an able jurist, a man of fine literarary attainments, or that he was the first_civil Governor of the State of Cali- fornia, that we feel his loss so keenly. but because he was primarily and principally a saintly man. It is because of the ex- smgle of his virtues and his goodness that we feel his loss more than all else. “Peter Burnett entered the Catholic church in 1847 against the strong opposi- tion of his relatives and friends, amfl\:ter others of his family followed his exampie. He was at all times a man of truth and justice; at all times he recognized the ex- istence of a God- above him, a God to whom he was responsible for his innermost thoughts.” The, speaker here took up the literas workof the deceased and spoke in hi raise of his work. *‘The Path\That Led a rotestant to the Catholic Church.” He read Dr. Brownson’s criticism of the work and how the great Catholic writer analyzed the judicial mind of Peter Burnettand showed how it was his clear-cut reasoning as a lawyer, his clear conception of law, that led him into the fold of the ancient church. Continuing on the life of the late Governor his eulogist said : “‘His life, especially during late years, was one of meditation and prayer. While the one widened the scope of "his knowl- edge the other obtained for him many additional graces. The love of God is closely allied to the love of your neighbor. So Peter Burnett was a man of mani charities. He would never himself speal ill of another and if anything derogatory were said in his presence of an absent one he always took the side of the accused and argued in his defense. “The closing years of his life were beau- tiful. He was a daily attendant at_ the holy sacrifice of the mass. He could be seen tottering along back and forth to the church, lost in spiritual contemplation and prayer. One day he was stricken down and thus the venerable old patriarch of nearly 90 years, fortified by the last sacraments of the church, fell asleep in the Lord.” Following the services at the church the remains were conveyed by special train to Srnu Clara, where the interment took place. ALONG THE WATER FRONT. Death of Captain Otis of the Ship Ala- i meda. The ship Alameda arrived at Portland trom New York on Sunday. News was re- ceived at the Merchants’ Exchange yester- day that Captain Otis had died at sea a few days before the arrival of the vessel. The captain had many friendson the coast and was extremely well liked. On the way out the Alameda was obliged to put into Rio de Janeiro with her rudder-head *Plhe fug Tiger will 1 e tug Tiger will leave in a few for Port Harford with another bargg‘?: tow, to replace the one which was lost below Point Sur. Both tug and barge will be in command of Captain Patrick O'Neil who has the contract for continuing the breakwater at the port of entry for San Luis Obispo. ¢ e B ‘LANDLER'S OREDITORS. They Will Have Another Chance for Their Money. On May 17, 1894, J. J. Rauer filed a peti- tion to have Louis Landler adjudged an insolvent. On_October 15, 1834, Judge Levy adjudged Landler an insolvent. On November 19 Rauer procured his own ap- pointment as assignee. Pending Rauer’s proceeding certain other creditors inter- vened and obtained another adjudication against Landler. Judge Slack yesterday set aside the adjudication upon Rauer’s petition and also set aside the appointment of Rauer as assignee, but allowed the adjudication on the intervention to stand and will ap- fiomt another assignee in the place of auer next Monday. In concluding the opinion the court said: “The proceedines from the begin- ning have fbe:n (épurnc(crized by a great looseness of practice and abundant error has been established."” % Rauer was ordered to render his ac- counts immediately. T. Carl Spelling is attorney for the moving creditors. The motion involved the important legal question of the right of creditors to inter- vene in an insolvency proceeding, the court fully recognizing such right. AVE A CIAMOND MEDAL, General J. G. Wall’s Present to the Caledonia Club of San Francisco. A Half-Mile Race Must Be Won In Three Successive Years to Get It. . The Caledonian Club of San Francisco will to-day receive a beautiful jeweled medal from General J. G. Wall. The medal is to be the property of the ciub until some one of its members wins the half-mile running race at the club’s an- nual reunion on three successive years. General Wall gave a medal to the club on similar conditions in 1885. It was not till last year that it was finally won and The Caledonian Club’s Diamond Medal. [Sketched from the original design.] passed into the hands of the winner. The medal which the club is to receive this year will be far more beautiful and costly than the former one. It is made of gold of vari- ous shades of color and is carefully enam- eled. The upper part of the medal consists of the flags of the United States and of Scotland crossed. The flagstaffs support a cross-band bearing the word ‘“Champion.” Immediately beneath, on fine, radiating bars of gold, is placed a large diamond. The lower part of the medal consists of a wreath of thistle in green gold with blos- soms of bright gold. This incloses a medallion in gold of light yellow on which is enameled an athlete running and the name of the club. The medal is made under the_ direction of George Davidson and John Reid, who were given the charge by General Wall. Both gentlemen are very active in club matters and have interested themselves in seeing that as much as possible was done with the money at their disposal. The medal is valued at $200. FIRING IN THE AIR. A Footpad Scare Occasions a Chase and Lively Fusillade on O'Farrell Street. ‘W. J. McCullum, proprietor of a restau- rant at 22 Montgomery street, was walk- ing along O'Farrell street with a young woman at an early hour yesterday morn- ing. When crossing Powell street two men stepped up to McCullum and asked him to give them a dollar. McCullum re- plied that he did not have one for them, when one of them said threateningly, ‘If you don't give it to us we’ll take it.”” The | woman screamed and the two men bolted. McCullum and the woman took refuge in the saloon at 234 O’Farrell street. Po- liceman McManus heard the woman’s screams and to him they told their story. McManus went after the two men. He saw two voung men standing on the cor- ner of Powell and O’Farrell streets. He crossed over to them and one of them ran away. McManus pursued him and called upon him to stop. cManus fired a shot in the air to intimi- date him, but he continued his sprinting. Policeman Holmes joined in the pursuit and fired three shots in the air which brought the fugitive to a sudden halt. ‘When the officers returned to the corner of O’Farrell and Powell streets the other young man was standing there. Thev were both taken to the saloon where Mec- Cullum and the woman were, and both at once said theg were the men. They were two respectable young fellows, and Ser- geant Martin, who had arrived upon the scene, told them to go home. MONEY NOT FORTHOOMING. James McLean Arrested for Felony Em- bezzlement, Dr. James McLean, Market street, was arrested last evening on a warrant charging him with felony embezzlement. He was released on giving $5000 bonds. The complaining witness is Mrs. Susie E. Cusrie, 328 Geary street. Dr. McLean induced her to buy a share in his business for $5000. She paid $1000 on account, and after some time the doctor 5:3 tired of the arrangement and agreed pay back the $1000. She had received $400 of the amount, but the balance was not forth- oontlei;g, and she decided to have him ar- rested. Ix baking powders it is safer to use the Royal only, an article that many years’ ex- perience has proved most efficient, and which has been officially demonstrated pure and wholesome. As he did notdo so | FOUR FOOTPADS ARRESTED The Men Who Held Up the Night Drug Clerk in Oak- land Recently. HAVE VERY BAD RECORDS. They Are Also Suspected of Com= mitting the Robbery In Mac- Intosh’s Saloon. _The footpads who held up Earl Corwin, night clerk in Garrett & Taggart’s drug- s}ore, at the junction of San Pablo avenue, Fourteenth street and Broadway, Oakland, at an early hour Sunday morning, May 12, were arrested in this City yesterday. They are also believed to be the men who held up John 8. MacIntosh, the saloon-keeper on McAllister and Leavenworth streets last Sunday morning. Detective Dan Coffey, who was detailed on the MacIntosh robbery, sent word to Chief Schaefer, Oakland, on Sunday night that he believed the men who robbed the drugstore werein this City and had robbed MacIntosh. Yesterday morning Captain Wilson, D tective Williams and Policeman Lampis of Oakland came to this City, and, while walking along Taylor street, they saw Walter Ross, one of the suspected men, with four bottles of beer under his arms. They promptly arrested him and took him to the City Prison. Then they procured the assistance of Detective Anthony and returned to Taylor street. They were not long in finding out that four men had rented a room on Saturday night in a lodging-house on the west side of the street, near Market, where Ross was evidently going with the beer. They went to the room, and were pleased to find the other three men they were look- ing for. They were George Ross, a brother of Walter, W. B. Holland, alias Harland, and his brother, William Holland, all be- longing to Oakland. They were placed under arrest and the room searched. In the pockets of some clothes in a closet they | found two revolvers, a black silk handker- chief ana a black mask made out of the lining of a coat and similar to the two found by MacIntosh on Leavenworth street. When the men were taken to the City Prison MacIntosh was sent for. Although satisfied that Walter Ross was the short man, who siipped behind the counter, and that W. B. Holland was the tall rabber with the stick, who was the lookout, he could not positively swear tothem. Ross perceptibly paled when he saw MacIntosh. A young man named Murphy, who saw the four men a few minutes before the rob- bery of MacIntosh, could not be found, but he will be taken to Oakland to have a look atthem. Walter Ross is an ex-comvict, having recently been released from San Quentin. W. B. Holland has served a term for carrying burglars’ tools, and the other two have been convicted of petty offenses in Oakland. Tney are a hard-looking guarbet and were taken to Oakland yester- ay afternoon. Not Sure of Himself. General Gary tells a droll story of a Colonel Pevperton, a high-toned, ante- bellum, hair-trigger South Carolinian of the old regime, who lived on a great es- tate at luefields. The colonel went down to Frog Level, a place much fre- quented by sports. He approached a table where aptain Bill Sykes, the great card sharp and terror, was dealing, and mtimated his desire to take a hand in a little game, at the same time laying his six-shooter down on the table in front of him. The captain looked at the colonel, who was knownto be a dead shot, and then remarked: “Colonel, I haven’t doled a fair game in twentiz years, but un- der the circumstances, will try to do the best I kin.”—Washington Post. In 1871 it was decided that a bankrupt could not sit in the House of Lords. POISONOUS IODIDES Produce Pimples, Blotches, Red Spots and Yarions Blemishes on the Face and Body. BE CAREFUL WHAT YOU TAKE. When You Use a Blood Medicine See That it Is a Purely Vegetable PrepaFaflon and Don’t Con~ tain lodide of Potassium. Some of the best prescriptions prepared by the most skillful chemists have been placed on the market, widely advertised and universally used. Indeed, the best doctors are now giving or selling their favorite preseriptions so that the general public may share in the result of their researches. There are many sarsaparillas on the market, some good, others of a very inferior quality. Those containing iodide of potsssium are among the poorer. Any one desiring s good blood purifier can do no better than take the California herb remedy, which is now so well known as Joy's Vegetable Sarsaparilla. This remedy is made up of the juices of herbs grown on the foothills, valieys and mountain tops of California. It is wholly and completely & veg- etable preparation. When you do get a blood purifier see to it that you get no preparation containing iodide of potassium. An jodide preparation will soon tell on your face. Little pimples will come out, followed by bigger blotches, patches of red, etc.; then you will bave & face fit to be covered up. If you think of going away to any of the resorts you surely don’t want to carry jodide blood blotches on your face. Then don’t allow any one to talk you into using an jodide preparation. If you want a remedy to cure spring fever, the blues, constipation, liver or kidney disorders take Joy's Vegetable Sar- saparilla. 1t is the only Californian herb rem. edy that is so widely used. Joy’s Vegetable garsaparilla has effected some remarkable cures. Some of the most remarkable ones were of persons who suffered from a stomacH disor- der. Many of these cases are inexplainable. The doctors can’t tell why the persons were cured, but they see them cured, and that is really the best evidence. The makers of Joy's Vegetable Sarsaparilla receive about one hun- dred and fifty testimonials each week. This is evidence of the work being done by this valu- able herb remedy. It is known that many unscrupulous drug- glsts are endeavoring to palm off an inferior article, telling people it is just as good, ete When you ask for Joy’s Vegetable Sarsaparilla see that no one talks you into taking some- thing just as good. Take the Home Remedy, Joy’s Vegetable Sarsaparilla, and you will be cured. SILK WAISTS S83.50 Up. SPECIAL SALE. !.ARGEST ASSORTMENT. ARMAND CAILLEAT 46-48 GEARY ) Corner Grant Efi‘n‘ifi? 2 4