The San Francisco Call. Newspaper, June 25, 1895, Page 14

14 THE SAN FRANCISCO CALL, TUESDAY, JUNE 25, 1895. e R e e et e D A e SR Dl SR D RSSO il et oo L Bl s i S T DR, MARC LEVINGSTON AND THE REFORMERS, Exciiing Finish to the Cases Against Dr. Dille et al. ALL THE DEFENDANTS GO FREE. Wallace Bradford Charges Openly That the Court Was Fixed. REEL TERRY CALLS C. W. REED A LIAR. Sensatlonal Charges and Counter- charges Made and All Is Not Over Yet. The charge of criminal libel made by Dr. Marc Levingston against Rev. E. R. Dille, I. J. Truman, George T. Gaden and D. Gilbert Dexter of the Civic Federation “Did you say that we had the case fixed with the court?” “d\'es," said Bradford, “that’s what I said!” Then Ashe grabbed Bradford by the coat collar, and loudly calling, **Judge Joachim- sen! Judge Joachimsen!” forced Brad- ford up the table near which his Honor was standing as he left the bench. “Well, here I am—here I am,” said the Judge, testily. “Whatdo you want now ?” ‘I want this man arrested for contempt of court!” exclaimed Ashe. ‘Hesays that we have had this case fixed with your Honor all along. I want the stenographer to take this down. If you treat Mr. Terry the way youn have done I want you to ar- rest this man!” And Mr. Ashe, to emphasize the particu- lar ‘‘this man” he meant, pounded Mr. Bradford very vigorously on the left breast a number of times, as the crowd jumped over chairs and railings to get as close to the seat of war as possible.” Mr. Bradiord rather resented this vigorous indication of his presence. His eyes flashed and his voice trembled with anger as he called upon Ashe to take his hands off. “Yes, you Honor, yes!” exclaimed Brad- ford, pounding the nearest table and look- ing square under the bushy eyebrows of the court, “I am prepared to state that I have watched this case from the beginning and from the best of information and belief, I think the case has been fixed!” There was a hubbub for the next few seconds, sure enough. Ashe glowered at Bradford and Bradford glowered back. Gavin McNab's f’aWs twitched nervously, and Charles Wesley Reed got himself into the grand finale of contempt, contention and excitement, dismissed the cases. It was a highly interesting three hours’ proceeding from beginnini to end—too good for free admission eanins every one present on the qui vive for develop- ments nov to be anticipated in even the most lurid melodrama. F. C. Harlan, a reporter for the Cary, was the first witness on the stand. On direct examination by Mr. Terry he testi- fied that he had been in the office of I. J. Truman on May 14 last and had there pro- cured a_typewritten copy of the charges which the committee of the Civic Federa- tion had forwarded to Governor Budd in the form of a protest against the appoint- ment of Dr. Leyvingston as a member of the Board of Health. The contents of that typewritten copy were printed in the CALL on the morning'of May 15 under the cap- tion, *‘Hot After Levingston.” The wit- ness could not remember that the paper had been furnished to himiby either of the defendants, Dr. Eli McClish or Rev. Thomas C. Filben. He might have taken it from the table on which it was lying without having asked permission of any one. Witness was at a loss to remember whether anything had been said to him or not by Messrs. Truman or Gaden at the time he came into possession of the type- written copy. During the course of the examination of this witness Mr. Terry Xressed him very closely as to how he had come into pos- session of the paper, and asked him if he had gained it surreptitiously. Mr. McNab objected, and called upon the court to pro- tect the witness from the insinuations thrown out by Mr. Terry. “I don’t want the witness intimidated,’” said Mr. McNab, “‘by any of these Fresno counsel. They all have reputations—"" *‘Oh, I wouldn’t get personal, if I were you,” replied Mr. Terry, sarcastically. j‘T"wo can play at that game, if you desice Tt all passed with that and the witness JUDGE CAMPBELL VISITS JUDGE JOACHIMSEN, AND THE POLICE OOURT SITS PARTLY EN BANO. was dismissed yesterday afternoon by Judge Joachimsen, after the stormiest | proceedings witnessed in a Police Court in this City for many a day. Attorneys in} the case <aid the most uncomplimentary things of each other. The audience ap- | Honor got blue in the face, e Campbell, who occupied a chair | Judge Joachimsen, pulled his | if they were so much taffy and shed for the faded reputation of his own unique tribunal. Reel Terry will be up for contempt this morning. Wallace Bradford may be yanked before his Honor for the same offense. It was “hot stuff,” as they say in that Bo- hemia of which William Greer Harrison is about to write a book. Incidentally there were starters for several personal encoun- ters and flows of language bluer than the briny deep. Charles Wesley Reed at one stage of the proceedings accused Reel B. plauded till k and Juc Terry of having spirited an important | witness for the defense beyond - the reach of a subpena. Mr, Terry promptly re- sponded by calling Mr. Reed a liar. The court was knocked eechless by the breezy interchange and Gavin McNab so tangled the accent in the patois of his own Grampian hills with the emphasis on the antapenults of the President’s English that he couldn’t get in a word. His de- livery was so broad that he could not positively get in edgeways. Tnen the infection seized the spectators. ‘Wallace Bradford, who is a member of the Civic Federation, and a son-in-law_ of Stewart Menzies, became greatly excited over the fact that Judge Joachimsen had not then and there sent” Attorney Terry to jail for contempt. He expressed his opinion of the action in set terms in the vicinity of several of Terry’s friends, and the discussion immediately became ani- mated. Words were running high, and the interchange of compliments was verg- | didn’t, and every soul was disappo! | think? ing on the pugalistic when Porter Ashe, another of theattorneys for Dr. Levingston, pushed through the crowd in time enough to catch the fag end of oneof Mr. Brad- ford's remarks. “What's that you said?”’ he exclaimed. —_—_— ¥‘The Captain Makes a Great Hit,” “CAPTAIN MARRYAT” CIGARS SURPASS ALL OTHERS. “FINEST BEYOND QUESTION,” TERY ONE!: S~~~ A~AAA~ HARBURGER, HOMAN & CO., New York, Makers. ' N. LEVI & CO., 117-119 Market St., Distributors. the most favorable position to make him- self heard. The spectators crowded in closer, and all eyes were glued on the Judge. Nota soul present expected any- than that Bradford would get something *‘purple and_lingering, with boiling oil or me&bed lead in it.” But he inted. “What do I care what you think?" ex- claimed his Honor, visibly affected by the commotion. *“What doI care what you You've got a right to think what vyou wish; that’s nothing to me!” “I call upon the court to have that man committed for contempt,” again said Por- J.J. Truman Undergoes Examination. ter Ashe, but the court madea retreat to his chambers, and the sinewy form of Ser- geant Reynolds appearing, the excited per- sonality of Mr. Braaford was removed from the courtroom, but not before Mr. Bradford had signified his desire to send ]l:is card around to Mr. Ashe’s voting num- T. All these matters were exciting enough in the case, but they were notall. There were others and they spread out all over the afternoon. They came in the way of casual remarks from counsel, but exploded with all the force of bombs on an_unpre- vared court and audience. Mr. Reed of counsel for defendants was responsible for most of them, Gavin McNab for some otners, and Reel Terry plowed the “path- less fields of speculative thought” for some others. Just one charge made by Mr. Reed was inthe nature of a hair-raiser. Broadly and openly he stated that he had thirty- five witnesses present to prove the truth of the charges against Dr. Levingston, and among them several who would testify to most unholy orgies held in the Morgue by deputies of the complaining witness. He was prepared to prove that it was a com- mon practice among the deputies to set cadavers up against the walls as targets for raw potatoes. A perceptible shudder passed through the courtroom at these statements, made in the clearest kind' of English, and Mr. Terry was on his feet in an instant. “Do you mean to say,” he shouted, “that Dr. Levingswnlwn guilty of these prac- tices which you now charge here?’” “No,” said Mr. Reed, “but I do mean to say that his deputies were, and I have the witnesses here to prove it.’? “Well, then,” said Terry, “all I have got to say is that if you will make those state- ments—if you will put them in writing and send them to the San Francisco CALL or to any other paperin San Francisco, and do not run the witnesses off to Dixon, Solano County, we will have you arrested to-morrow. Put it in writing over your own signature, and don’t let them deny their signatures and plead the baby act, and we will swear out warrants for their arrest.” . But this matter blew over as others had done during the afternoon. The court re- fused to hear witnesses for the defense, except in denial of the defendants havin; I:rocm'ed the publication of the dlens ibelous article and at the end, preceding was allowed to stand down after a few more important questions. _Dr. Levingston was then called to con- tinue his testimony on cross-examination, interrupted previously by want of the records in the Coroner’s office. Asthe doctor took the chair Judge Joachimsen evinced a desire to speak. ‘I will announce now,” said his Honor, “that in the cross-examination of all the witnesses—I don’t care who they are—I will not allow any questions which have no appreciable bearing upon the charges in the article.”” “I show you a certificate,” said Mr. Mec- Nab, addressing the witness, “‘purporting to be signed by you at the request of Lottie Pearl Hunsaker. Do you recognize it?'’ “‘This is my properly attested certificate of that inquest.” “Dr. Levingston, in the certificate to which you have attested you say that you got astatement that the girl had left her mother's home to go to Dr. Deutsch’s office, and in the testimony of Seth Oook we are informed that the girl came from Dr. Deutsch’s office to him. Did you call Dr. Deutsch ?” Mr. Terry objected and the record was offered in evidence. “Why did you not call Dr. Deutsch?” continued Mr.-McNab. There was anobjection and Mr. McNab jumped to his feet. ““‘One of the charges in our case,” said he, “is that this inquest was conducted to clear Seth Cook from unpleasant investi- gation.” Mr. Terry objected to such statements from Mr. McNab, and_in support of his objection stated that in the investigation of a case the Coroner had only to ascertain the.cause of death and it was not neces- sary for him to Erobe into everything to amuse the morbid. “Your abstract of testimony shows, doc- tor,” continued McNab, “that you made no in%uiry as to the reason why the girl went to Seth Cook’s rooms. Why did you not make such an inquiry ?"’ “I may have asked that question and it might still not appear in the record. I explained that once and will do it again.” r. Terry objected most strenuously and the court sustained him. “I will change that question,” said Mec- Nab. “Your attorney, Mr. Terry, in one of his frequent flights of eloquence stated that the reason you did not was because ygulv:iisn'ed to protect the reputation of the lady.” “I am not responsible,” replied the wit- ness, ‘‘for Mr. Terry’s statements.” “Was this inl%uen held prior to or after the trial of Kose Griffin against Jonas Bloom, in which you wpured as a wit- ness, in Sonoma County ?” Again Mr. Terry objected on the grouna of the ehtire irrelevancy of the question, and the court ruled that the objection was well taken. Mr. Reed popped up to the assistance of his colleague and insisted on arguing with the court. “I ask that you sit down, sir,”’ said the court. “But, your Honor—" I have heard all I want to and have de- cided the point.” “But 1 have here ‘Townsend on Libel and—' "’ ‘“Well, you sit down,” saia the court, and he looked ominously in the direction of the bailiff. So Mr. Reed sat down and closed “Townsend on Libel” with a bang. “You regarded this Hunsacker case as an important one?” asked McNab, again turning his attention to the witness. “Not more so than any other,” was the ’°P11Y< ‘It got a %ood deal of attention from the newspapers 2"’ “It seems so.”” “Did you make any inquiries as to the characters of the jurors on that occasion ?”’ “No, sir; not particularly.” ‘“Were you aware that seven of the jurors on that inqneat were not in the directory ?"’ “No, sir.” “Were you not aware that a brother of, Simmons, one of your deputies, was on that jury?” “‘He mi%ht have been.” ‘“Were there not also some persons whom you have designated as ‘lollers’?’’ “I don’t think so.” “Isn’t it a fact that very often the same men_ served on juries clear through your administration ?'” “They might have.” “Were you present in court when the names of A. S, Barney and Dr. Anthony were called 7"’ “1 don’t know.” “Did you not, thereafter, send Mr. Porter Ashe to call on Mr. Barney ?”’ “Yes, sir; to discover what he had to say about me.” = “I want to ask, Dr. Levingston, if you did not receive from Mr. Barney the sum of $600 for signing a death certificate of ‘natural causes’ in the instance of a female suicide?” ? “I did not,” answered the witness, be- fore his attorney could get in an objection. Mr. Terry protested against the style of cross-examination pursued by Mr. McNab, and objected to fighting *‘men of straw.” ““Were there any of the other witnesses subpenaed here,” asked McNab, ‘‘that you sent Mr, Ashe to or to whom you went yourself 2" “Yes,” replied the doctor, “Mr. Tum Suden,” and a big laugh went up from the audience at the recollection of the famous fistic encounter between the witness and Tum Suden. The doctor then stated that he had also called upon Mr. Clement and Mr. Braunhart. With a few more unim- portant questions, Dr. Levingston was allowed to step down and the prosecution announced that its case had closed. The defense called John Bernard Dunn, a shoemaker. In response to the first few questions, witness testified that he wasa frequent visitor to the Morgue during the time Dr. Levingston was Coroner. Just at this point Mr. Terry objected to any further questioning of this or any other witness on this line. _ T ; “Our position is simply this,” he said, “that inan action for criminal libel the defendant is not allowed before a com- mitting magistrate, to introduce any testi- mony tending to show the truth of the matter charged against the prosecuting witness.” Mr. Terry then went on to quote from paragraph 9 of article1 of the constitution, which sets forth that the truth of the charges upon which the action for libel are based can only be presented to a jury. “The only evidence the defendants can beallowed to introduce,” he continued, “is not that the metter is true, but thatthey did not_publish it. In other words, evidence tending to show that they were not respon- sible for the publication of the libel.” Judge Joachimsen stated that Mr. Ter- ry’s argument seemed to be the proper one. +“If your Honor is %omg to rule that way,”” said Mr. Reed, “I ask the privilege, in the interest of good government in the City of San Francisco, to—"" ] “Oh, pshaw,” said his Honor, impa- tiently, ‘‘ ‘good government and justice,’ what’s that got to do with this case—the law of the land controls this case. There is paragraph 9 of article 1 of the constitu- tion of tne State. Now, if you are pre- pared to overrule the constitution of the State I would like to hear you do it.” “I'do pot understand that there is any levity in this matter,” retorted Mr. Reed in an injured tone. i *‘No, sir, this is not a matter for levity with me,” said the court; ‘“it is a case of law.” Mr. Reed proceeded to read from *‘The Statement of the Case,”” holding that any witness produced must be sworn and ex- amined. “Idon’t think a person has any more right to assassinate a person’s character than he has to assassinate his person,” said the court. ‘‘Neither do I,” replied Mr. Reed, “but when a person is accused of murder he has a perfect right to prove seli-defense.” The sharp interchange of views on the matter of tge admissibility of evidence as t0 the truth of the charges upon which the libel was based passed between court and counsel, his Honor siding at last with Mr. Terry. The defense then withdrew. Mr. Dunn and the Rev. Thomas C. Filben took the stand. “May it please the court,”” said Mr. Reed, “we are now ready to go into our defense showing that the articles are true. We have no questions to ask except in the line that these allegations are true.” “Then,” said Mr. Terry, *under the ruling of the court we ask that these de- fendants be bound over.” The court failed to act on the suggestion and the examination of Mr. Filben was commenced. He testified that he was in Mr. Truman’s office the day before the publication of the Civic Federation’s com- mittee’s protest against the appointment OF D' ¥iavingetont ki onhud v it g visit seen Mr. Harlan in the office, and had seen the latter with a type-written copy of that protest in his hand. Witness denied positively that he had given it to Harlan, and was certain_he had not seen any one else doit. Mr. Truman and several of his Rev. Thomas C. Filben on the Wit- ness-Stand. clerks were in the office at the time the witness was in the office with Harlan. ‘Didn’t you take that paper to the Ex- ;mlner to have it published ?’’ asked Mr. erry. “I decline to answer,” said the witness. “Don’t you know as a matter of fact that Mr. Harlan took a type-written copy of it to the CaLLand you took one to the Ex- aminer?” There was an objection and Mr. Terry continued: “Now, Mr. Filben,” he said, “don’t you know that you took_this paper, the type- written copy, around to_the office of the San Francisco Examiner on Mission street, or to the business office. and that io“ didn’t take it to the CALL because you new that Mr. Harlan had already per- formed that office?’’ _Mr. McNab got in again with an objec- tion, and Terry decided to push the matter no further. I J. Truman, Rev. E. R. Dille, D. Gil- bert Dexter and George T. Gaden, the de- fendants, were theng aced on the stand in the order named and, in answer to ques- tions, denied positively that they had given a copy of the protest to Mr. Harlan or to any one a type-written®copy of the protest to the Governor. ey all ad- mitted having signed the original which had found its way to the Governor. Mr. Terry attempted to go into the personal history of Mr. Gaden, and was met by strenuous objections from the defense. . “‘I'have a right to know who the witness is,” said Mr. Terry, “‘what he is doing, Where he is from and how long he has been here and who qualified him to purify the politics of San Francisco.” Then Mr. McNab volunteered the in- formation that *‘1 saw proper to show that Dr. Levingston was worse than anythin, could be said about him.” Terry an McNab had_a sprightly battle of ‘words until Judge Joachimsen was compelled to interpose. “Now, gentlemen,” he said, “you have got to behave ‘{ourselvae." A And they did—for.a few minutes—until John Bernard Dunn was recalled to the stand. Terry immediately interposed the same objection as before and the court sus- tained him. *“We cannot proceed, your Honor,” said Mr. Reed, “‘unless we are allowed to put in our defense in our own way. We can show by this witness and at least cne other, that dead bodies were set up as targets at which potatoes were thrown.”” “My answer to that,” said Mr. Terry, visibly excited, as the spectators crowded closer in to hear his reply, “put that, Mr. Reed, in the S8an Francisco Cary or any other newspaper in San Francisco, do not run the witnesses off to Dixon, Solana County, admit that you put it in, and to- morrow we will swear out warrants for your arrest.”” *I can hardly see the necessit; argument, gentlemen. The defendants have all denied that they procured the publication of this article, and there hardly remains anything to do but dismiss the cases.” “I don’t ask for a dismissal,” exclaimed, Reed. “I want to introduce these wit- nesses—we have thirty-five of them—to prove that these charges are true. AndI want to say right here that I desire to get out a warrant for the arrestof A. S. Barney gélod show that he paid Dr. Levingston 0.7 There was a noticeable stir in the court- room at this, but it was as nothing to the excitement of the next moment. Turning to Terry, in the next breath, Reed con- tinued : ‘‘And you went to see him and got him out of the way.” “If you say I went to see him,” said Terry, springing to his feet, his figure shaking with rage, *‘you lie!” Everything was in an uproar. Specta- tors got up on their seats, the bailiff and Sergeant Duncan got closer to the at- torneys, and several policemen, who were in the hall, rushed in. “DIll say it outside, too,” exclaimed Terry as soon as his voice could_be heard. “I'do not want any fights,”” said Reed. “Gentlemen! Gentlemen!” said the court, ‘“‘you seem to forget where you are. }"ou seem to think you are in a saloon, Mr. erry. Then Mr. Reed explained that he had not meant Mr. Terry, but Dr. Livingston. Then Mr. Terry apologized, concluding with an off-hand wave of the hand which did not please his honor. “Your apology, Mr. Terry,” said the Judge, ““is worse, 1f anything, than the of- fense.” Then Mr. Terry said it was within the province of the court to fine him $100 or send him to jail for twenty-four hours, or to do both, and there it was. “If the court fines me,”’ said Terry sotto voce, “I'll have to go to jail sure. here’d I get a hundred.” “You will appear in court to-morrow morning at 10 o’clock to answer for con- tempt,”” concluded his Honor. *“I shall now dismiss the defendants.” Two minutes after and before the Judge could reach his chambers, the exciting en- counter between Ashe and Bradford oc- curred, and when the court did make his escape it was with an aching_head. Later he announced that he_would consult with Prosecuting Attorney Dare as to ways of reaching Mr. Bradford for his statement. Both sides claim a substantial victory in the case—the defendants, because they were dismissed, and Dr. Levingston be- cause he says they dodged the issue. HER MANSION BESIEGED Mrs. Isabella Martin’s Formid- able Defenses Against the Enemy. for this She Puts the Picket Line to Flight by Executing Strategic Maneuvers, Mrs. Isabella Martin’s house on Van Ness avenue is in a state of siege. Across the main entrance,or what would be termed in military literature the sally port, a powerful chain is spread and when the outer sentinel is summoned by the electric bell the visitor is carefully in- spected before the chain is dropped and he is admitted. In other respects a certain sort of garrison discipline is maintained by the chatelaine. On the northern bastion, or wing of the building, a guard is posted, and from the ramparts outside Mrs. Topin’s boudoir all approaches of the enemy from either north or south of the avenue, or the streets adjacent that lead into it, may be observed. “i have found the absolute necessity of those precautions,” said Mrs. Martin, “for there are two detectives in the employ of the men threatened in my suit filed by Attorney Bates last week who are con- stantly watching this neighborhood. They parade before the house, they linger around the corners, and they make notes of any- body who enters or leaves my house. A man in gray clothes with a derby hat is the most objectionable. He is_always on the picket line. The reserves, I think, fall back on the corner grocery on Polk street, but are always kept within call, ; “On Saturday accosted the man in gray. ‘What are you doing peering about my house? I polifely asked him, ‘I am a resident of this neighborhood, madam,’ he said, ‘and if you speak to me any more I will knock you down.” “I called to a policeman who was stand- ing on the corner, and put my hand under acapel held on myarm. The brave de- tective ran like a deer. Possiply he imagined 1 was about to take a shot at him, and felt that he deserved it, but such was not the case. I know my enemies would like to force me into the commission of an overt act, but I can keep my temper. “Do you know I am an excellent pistol shot?’” continued Mrs. Martin. ‘“When 1 lived in Weaverville I used to practice every duy.’ I could hit a man across the street—well, eight times out of ten, but then Iam of a good-natured disposition, and would much rather practice on an in- animate target.” 3 i The prosecution of Mrs. Martin’s civil suit against E. B. Pond and Arthur Rogers will be begun after the legal vacation. The defendants have not filed as yet their answer to her comblaint. - Cycling Club Election. At a meeting of the Boulevard Cycling Club held last night, the following officers were elected: President, M. I. Gordan; vice-presi- dent, M. M. Ratigan; secretary, John J. Mul- creavy; financial secretary, J. M. J. Handley; treasurer, M. J. O'Connor: eaptain, J. W. Crowe; licutenant, W. 8. Nolan, The ¢lub by unaniinous vote indorsed the ef- forts of the South Side Improvement Club to have Folsom street paved with bituminous rock. A Family Jar. GREAT AMERICAN IMPORTING TEA CO.S Stores are selling MASON FRUIT JARS At greatly reduced prices. 1 dozen jars, pints, in box 50¢ 1 dozen jars, quarts, in box. 1 dozen jars, half gallons, in Inspect our Improved Jelly Glasses, 35c per doz.; Ice Cream and Berry Sets of 7 pleces, 25¢, 35¢ and 50c per set. Our prices for Teas and Coffees the lowest. Buying dirctly from us saves middle- men’s and peddler's profits. ——————— A Lecture on ‘“Ben Hur.” Professor J. W. Fairbanks will deliver an {llustrated stereopticon lecture on General Wallace's “Ben Hur” at the First Congrega- tional Cnurch this evening. Overa hundred beautiful pictures of the most interesting scenes in this popular novel will be thrown on the canvas. . THERE 15 an article on the market seldom equaled and never exceiled—Jesse Moore Whis- ky. Moore, Hunt & Co. guarantee its purity. * —_————— A Benefit Concert. _ The farewell benefit tendered to Miss Georgia Roubien will take place to-morrow evening at the Bush-street Theater. She is known as Cali- fornia’ orite composer and character spe- cialist. She will be assisted by a company of first-class artists in a grand concert and vaude- ville entertainment. . BooKs BoUND.—Reasonable, rapid, reliable Binding dep’t. Mysell & Rollins, 521 Clay st, * COLIMA INQUIRY CLOSED, End of the Investigation Into the Foundering of the Steamer. SAILOR AIKMAN WAS ABSENT. The Report of the Inspectors Wil Have No Bearing on the Responsibility. The investigation into the loss of the Pacific Mail steamer Colima was closed yesterday by Inspectors Talbot and Phiilips, and in a few days the report of the latter will be made to Supervising In- spector Bermingham. There were no witnesses examined yesterday for the reason that none put in an appearance. The inspectors, United States Court Re- porter Clement Bennett and Ward Mec- Allister, the latter representing the inter- ests of the Pacific Mail Company, were on hand, and the inquiry was kept open until 2 o'clock, at which hour it was declared officially closed. The only man who ap- peared before the inspectors on Saturday morning was I. E. Thayer, inspector for Bureau Veritas, who testified to the con- dition of the lost vessel when she was last in port. Captain Talbot, inspector of boilers, con- ducted the examination, and Thayer, being duly sworn, said that he was a marine surveyor, especially for Bureau Veritas. His examination was as follows: {YB! the Colima classed in Bureau Veritas? es. What class? First division, 3—8, L, 1—1; the highest class given to steamships. Did you superintend the overhauling of the Cl)\[lmu in 18877 es. State what those repairs or overhauling con- sisted of. Primarily the ship was to have new boilers, and when the old boilers were removed the general repairs were made. Most of the floor- Dlates and reserve irames in the boiler space and the main and boiler keelsons and the bilge stringers were renewed. Bottom plates of the bulkheads to the bunkers were removed and made good. The inside of the ship was scalded and cleaned throughout. The cement was examined and repaired where needed. Everything at all defectlve was made good. The topsides were cleaned to bare iron and were repainted. There were put in one new steam windlass, new steam steering gear, tour new boilers, One cylinder of the engine was taken out and rebored. The engines were all taken apart and refitted. A new propeller shaft and propeller were put in. At that date she had eight tgocd iron boats, one warden Dboat and two rafls, State in regard to the cement in the bottom of the ahi%’! In the bottom of the shiF and to the upper turn of the bilge the skin of the ship is not to be seen on the inside, as it is coated with cement from one to three inches in thickness; but by testing that cement we know if it ad- heres to the fron that the iron is good under- neath. How late did you see that ship in the dry- dock? May 14 last. In what condition did you find her bottom? Ifound it in first-class condition. I wish to state that the last complete examination of the ship I made was in 1892. In that yearshe touched bottom and a new plate was put in. I examined the ship throughout, hull, engines and boilers, and found her in complete good order and gave her the certificate she held when she was lost—the same class I gave her in 1887. State the condition in which the Pacific siail Steamship Company keeps its vessels. I am familiar with nearly all the Pacific Mail ships. The company keeps them in gen- eral good order and is always ready to meet any requirements T ask. At the last examination of the Colima, were the boats stowed properly for use? She had the same outfit of boats asat the first examination. Those boats were stowed in & manner which it is best that boats should be stowed as determined by sea service, right side up in chocks, secured by gripes either with a lanyard or a triphook and canvas cover- ing to keep them clean and not permit them being lumbered. Inaddition to their thorough examination made in my official capacity I am at frequent intervals aboard these ships and am familiar with théir general keeping, which is good. The report of the steamship inspectors from all accounts will have but little bear- ing on the causes which led to the loss of the Colima and her precious cargo of human freight. It is not in the province of Inspectors Talbot and Phillips to cen- sure or exonerate the Pacific Mail Com- pany. Their business is with the licensed officers of the ill-starred steamer, and as Third Mate Hansen is the only officer who was saved from the wreck he is the only man upon whose actions an opinion can be expressed. Had Captain Taylor been saved by a miracle his license would have been revoked, according to the evidence adduced. This would have afforded little consolation to the mourners, but it would have been a good basis on which to begin a sui¢ for damages against the Pacific Mail Company. As the case now stands the findings” of the inspectors will cut no figure, one way or the other, when the matter comes up in the United States courts. The testimony of the three sailors who arrived on the City of Sydney on Baturday ‘was not taken. KING SOLOMON'S LODGE, Its Fifteenth Anniversary Re- ception and Banquet to the Ladies. Brother Gunzendorfer Gave the Welcome, and George Bromley Made Them Laugh. At 8 o'clock they began to gather—the members of King Solomon’s Lodge and their ladies—first, because it was St. John's Day, and for another reason, because it was the occasion of the fifteenth anni- versary reception and banquet of King Solomon’s Lodee No. 260, F. and A. M., to ‘‘our ladies.”” It was the ladies’ fair, and in the language printed upon the neat and quaint trowel-shaped souvenir and menu card: “King Solomon’s Lodge doth greet its ladies and doth bid them thrice wel- come to its festal board. For them it hath laid away accustomed labors and hath spread a feast where words of wit and wisdom rare, soft melodies and sprightly songs shall of good things digestion aid, and of them all, when it hath done, may they some kindly memory bear.” And though at 8 o’clock they gathered— it was at the California Hotel—it was more than 9 o’clock before the 200 guests were seated at the ‘‘festal board.” For there were words of cheer and greeting to exchan};e in the parlor above the banquet hall before the feast began. Fair ladies, nandsomely dressed, and gallant gentlemen in evening attire thronged the spacious parlors and ex- changed kindly courtesies for full an hour before the march to supper. And the gentlemen whose duty it was—a duty s!eluingly and_graciously performed—to isarm formality and to promote good fellowship among all the guests are nomi- nated in the list of names which follows— the names of those that composed the re- ception committee: John I. Sabin, Gaston E. Bacon, J. C. B. Heb- bard, Eugene F.Loud, H.T.Creswell, M. Re- gensberger, H. A. Ranft, Edwin Danforth, Mar- tin Holje, J. P. Dunne, A. 8. Grant, A.J. Metz- lar, W. C. Wise, G. 1. Drucker, D. H. Recarte, C. L. b. Marias, J. W. Stevens. And when the guests were finally seated before the groaning tables there were pleas- ant orchestral selections which had been arranged under the direction of Brother George E. Bennett, to mar the tedium of ¢ the opening courses and make stilted eon- verse unnecessary. And so they wined and dined, and when the speech came it was spontaneous, therefore bright and witty, There was variety enough on the menu—also poetry, for before the unities were mentioned came this verse of Bobby Burns: Some hae ment, and canna eat, And some wad eat that want it; But we hae meat, and we Can eat, And sae the Lord be thankit. Blue Points. Vin Sauterne, Consomme en Tasse. Hors d’CEuvres, varies. [ nnaise. Vin Claret. Neapolit Tutti Fruttl. Gateanx Assortis. T Cofree. And when the inner man was fairly fed then began the talk. 'T'was thought that Brother G. Gunzendorfer's address of wel- come held much good fecling and was couched in glowing words and periods of eloguence. 'Twas thought, too—as much as one can think and burst with laughter— that Brother Bromley’s telling of how he rode the goat was more sury humor than in fact—a thought that has been thought before. And so they cheered and laughed, and the things that brought them to it are best told by the “mental menu” which herein follow “Welcome,” Brother G. Gun: v. Brother George E. Walk ; “King Solomon’s Lodg vocul solo, selected, ngin true Mrs. Minna B T Powell; “Teachings of Masc ther Robert ral; quart Annie Laurie” (Buck); “Our Masonic Ladies,” Brother Ei. Denprey; violin solo, ‘‘Cavatina” (Bohm), Brother A. H. Kayton; *“Religious 4 pect of Masonry,” Rev.” Brother George E. Walk; tenor solo, “For All Eternity” (Mascher- oni), Brother Alired Wilkie; violin obligato by Brother A. H. Kayton; quartet, “Our Merry Company”; “How I Rode the Goat” Brother George T. Bromley ; cornet solo, “Call Me Thine Own” (Halevy), Brother George E. Bennett, violin obligato by Brother A. H. Kayton; du, “Love and War,” Brothers Wilkie and McBai: “Our Patron Saint, John the Baptist,” Brother E. B. Church; quartet, ‘rs. low”; “Practical and Idealistic Masonry,” B Brother W. Smith; quartet, “Auld L Syne. , in all, a glad and joyful time, and the men who planned it all and carried it forth to so successful an issue were well repaid therefor by the appreciation of their guests. Though King Solomon’s Lodge is the youngest Masonic lodge in the City, it enjoys the honor of being distinetive in the earnestness of its good work in the craft, its numerical strength and its sound finances; likewise in the long line of hon- ored names that are and have been on its roll since its birth, fifteen years ago yester- day. Royar BaxiNg Powper is well known to be absolutely free from alum, ammonia and all impurity. Do you feel quite sure about any other brand? Alum powders are poisonous. Better use Royal and take no chances. LEVINGSTON'S LETTERS He Wants a Special Adminis=~ tratorship in the Fair Estate. Allegations of Irregularity In the Appointment of the In- cumbents. Dr. Marc Levingston has given notice to the attorneys in the Fair estate thaton August 5 he will move for an order of court setting aside and annulling the previous order made January 2, 1895, appointing James S. Angus, Louis C. Bresse, W. S. Goodfellow and Thomas G. Crothers spe- cial administrators for the estate. He will also move for a revocation of the special letters and for the appointment of himself in the place of the deposed admn- istrators. The motions will be made on the ground that the order appointing the present spe- clal administrators was improperly and improvidently done; that it was made and entered without any notice being given to Levingston or to any of the heirs, and that the order was “‘so made, given and entered by and through the mistake, inadvertence, surprise and excusable neglect of the said Mare Levingston, and of the executors named in the last will of said deceased, and one of the persons entitled to prefer- ence in the matter of the appointment of special administrators of said estate.” The motion to remove will be made on the further ground that the special admin- istrators have nov properly qualified for their positions, and that no sufficient un- dertaking has been filed by them. In his petition for special letters, Leving- ston recites the facts of the appointment of Angus, Bresse, Goodfellow and Croth- ers, of the filing of the pencil will and of the appointment in it of himself, Angus and Crothers as executors. Since the filing of this will, he claims, he has been using every endeayor to brin, it to probate, but_because of delays an continuances and the complications aris- ing from the incomplete condition of the records he believes it will not be finally ended for at least six months, and that there will be great delay in granting let- ters testamentary to the executors. The petition further sets forth that Lev- ingston is competent, and is entitled to be named an executor and administrator, and that he has never waived any of his rights in the matter. On the contrary he again announces that he will accept the trust reposed in him under the last will. He believes that the best interests of the estate demand a revocation of the sent letters and a discharge of the present special administrators. JHOBHOHOH R bR R £PLAYS-OVER 1000 TUNES X and Cheap Enough to be %in Every Home in America. % ¥ Pumishes Delighttul Entertainment, % Plays all the popl of the day, Grand ¥ Opora, Marcliee, Waltses, German French and ¥ National Music, and excellent to dance by. - 7 THE & ok Ao fe b YO B A A B A WONDERFUL S MUsICAL » o INVENTION. X 1t does away with all the objections of the im- ;l;m:d masic box. ‘A strong and mssl_ve: movement, all parts interchangeable, wich % X nothing to get out of order, playing_ filteen nutes with each winding, The tone issweet 3 and clear and surpasses the finest Swiss cylinder : box made. The tune discs are indestruct being made of metal, and costs no more ¢ M picce of sheetmusic. New Mausic Issued every *""“B0zES FROM $7.50 to $100. X % Oall aod Boar them. Bezd for catalogue. X E3HERMAN, CLAY & C0.% MUSIC DEALERS, SAN FRANCISCO, SOLE AGENTS. A ROk e O TR ke IMMENSE REDUCTION SALE $10—LADIES’ TAILOR-MADE SUITS—$10 BEST IN THE CITY. ARMAND CAILLEAT, 46-48 GEARY STREET, Corner Grant Avenue, 4 ) ¥ - 1 v