The San Francisco Call. Newspaper, June 30, 1895, Page 5

THE SAN FRANCISCO CALL, SUNDAY, JUNE 30, 1895. STATE GUARD CHANGE: Companies Disbanded by the Board of Location. REDUCING THE NUMBER. The State Appropriation In- adequate to Maintain Them All. COLONEL BARRY RESIGNS. The Third Regiment Now Reduced to the Standing of a Battalion. SACRAMENTO, Cairn., June 29.—The Board of Location of the National Guard, consisting of Governor Budd, Adjutant- General Barrett and Major-General Di- mond, was in session all to-day deciding on what companies to muster out, so as to come within the appropriation by the last Legislature for the support of the com- panies of the National Guard. It was decided to disband Company C of the Third Infantry, Company H of the First and the cavalry troop, all of which are located at San Francisco; also Com- pany B of the Second Infantry at Vallejo and Company B battalion, located at Arcata, Humboldt County. The disbanding of Company C of the Third Regiment reduced the latter to the standing of a battalion and necessitated the acceptance of the resignation of Colonel Barry, which has been received by the commander-in-chief and upon which be has as yet taken no action. It will also probably be decided to merge ten more companies into others for the purpose of reducing the expenditures for armory rents, thus enabling the National Guard to be equipped ané conducted within the bounds of the $200,000 appropriation set aside for its maintenance. The action of the board in deciding upon which companies should be dispensed with has not been a hasty one, but has been done after mature deliberation and strict investigation into their standing and util- i d their location with reference to ary needs, with means of concentra- tion. This board is yet unable to fix upon the ten companies which will be without doubt merged into others The board has also decided that it will be advisable to establish a troop of cavalry in this city, and the probability is that the light artillery, unattached, of Sacramento will be merged into this troop. It has also been decided to retain the signal corps of the Third Brigade at Sacramento, and in- crease its number from eleven to forty men. The present corps, which is com- manded by Lieutenant Martin, has fully proven. its efficiency and enthusiasm, and is only handicapped by lack of numbers, £ reduction of companies will not neces: mean & numerical reduction in the ra said Governor Budd this even- ing when questioned nmpon the matter. “All these men have their clothing and equipments, and, if they are soldiers, will readily merge themselves into other com- panies; nor do I care to criticize the stand- ing of any of the disbanded companies. The new law governing the National Guard absolutely restricts the number of companies to not to exceed sixty-nine, but the appropriation is not suf- ficlent to properly equip and provide for such 'a number, and I believe that concerration 1s advisable, and that within a brief period the National Guard of California will vie in point of efficiency with that of any State in' the Union and become the pride of the State. If it does not it will not be from lack of ability on the part of the militiamen, for they pessess fully as many of those attributes that go to make up a soldier as does the material comprising the standing army of the Nation. “The efficiency of the National Guard is a pet hobby of mine, and we will endeavor to fit them with an equipment and arm them in a manner that will make them efficient in time of need.” FORGING Kova ¥’S CHAINS. Officers Claim to Have Discovered New Evidence Against Him. SACRAMENTO, Can., June 29.—It is claimed that new and absolutely convict- ing evidence has been procured against Kovalev, the alleged murderer of the Webbers, and that he will surely hang. This statement has been made by officers in charge of the case, but they decline to state what the nature of the evidence is. SAN JOSE RACES. Arrangement af the Class A Events for the Fourth. SAN JOSE, CAL., June 29.—The commit- tee in charge of the bicycle races on the Fourth, der the auspices of the Cali- forniadivision of the L. A. W., hasarranged the heats in class A events as follows: Third, ile seratch, class A, first heat—Dick Moody, G.C.C.; Syd Vincent, B.C.W.; Ted Belloli, S. J. R. C.; E. H. Mauk, P. V. W.; P. W. Metcalf, I C. . D. Bates, K. 4. C, Second heat—E. J. Sherman, G, C.C.; Wil liam Bryan, G.C.C.; Rey Hogg, 8. J. R. C E. C. Bailey, L C H. F. Terrill, B, C. W.: 3. H. Dieckman, R. A.C. Third beat—C. M. Smith, G. Floyd Mc- Farland, &. J. K. C.; P.G. Alexander, C.C. C E. Chapman, O. C. W.; D.E. Whitney, un tached; W. H. Reed, C. C.C. Fourth heat—E. Languefin, B.C. W. Byrne, 1. C.C.; H. B. Ready, B. C. ¥ Tamison, G.C.C.; R. U. Dow, G.C. Pickard, A. A. aPa s F. M. Fifth heat—J. E. Edwards, 0. C. W.; H. Hutchinson, A. A. C.;_A. Kanzee, B. C. W.; 0. B. Smith, G. N, Sessions, I C. C.; J. Al mas, G.C.C. hird mile, scra Smith, G. C. - Nissen, A. - L.Long, 0. C. ch, class A: First heat W. A. Burke, A. A.C. Atlan Jones, 0. C. W. ‘C. N. Langton, B.C. W Harvey, C. C. C. econd heat—R. Cushing, G. C. C.,; C. 8. s, B. C.W,: Casey Castleman, A C.; W0, & Smith, G. C. C.; T. Del- The first two in each heat will compete in the final. | ——— ON THE BALL FIELD. Some Interesting Features on the Eastern Diamonds. PITTSBURG, Pi., June 29.—Breiten- stein did not make much of an effort to pitch to-day, and Pittsburg had no trouble to win the third straight from the Browns. Gardner got his second trial with Pitts- burg, and pitched a fine game. The game was called at the ‘end of St. Louis’ eighth inning, to enable the visitors to catch the train for Chicago. Attendance, 3500. Score: ® BH. 18 11 2 3 10 Catled to allow St. Louis 0 catch a train. Batteries—Gardner and Merritt; Breitensteln, Kissinger and Miller. Umpire—Jevne. BALTIMORE; Mp., June 20.—Thecham- pions took kindly 1o Mercer's curves to- | eral others, day and batted out a victory and sent him to the bench in the third inning. Malarkey fared little better. The fielding of both teams wassharp. Attendance 4300. Score: Mercer, Batteries—Hemming and Robinson, Malarkey and McGuire. Umpire—McDonald. PHILADELPHIA, Pi., June 29.— “Jack’ Stivetts’ delivery was an easy mark for the Phillies this afternoon. Seventeen hits with a total of thir bases represent the calamity. The v played a superb game in the field, not an error being charged against them. At- tendance 18,326. Score: 57 % Philadelphias. 13 ostons, 6 8 0 Batteries—Taylor _an , Stiyetts and Ganzell. Umpire—Murray. . _CLEVELAND, Onio, June 29.—To-day’s Cleveland-Chicago game was slow and un- interesting. Chicago lost through stupid base-running and several costly errors. Griffith_called Umpire Stage a foul name in the third inning and was put out of the game. Attendance 2500. Score: B. BH. E Cleveland T e Chicagos. . 870 8 Batteries—Cuppy #nd Zimmer; Griftith, Hutch- inson and Kittredge. Umpire—Stage. CINCINNATI. Osnro, June 28.—Cincin- nati again defeated Louisville to-day. Dwyer was very wild, and Parrott relieved him in the eighth inning. Miller's batting was the feature of the game. Attendance 1500. Score: E BH E Cincinnatis. 9 11 8 Louisvilles.. 8 10 7 Batteries— arrott, Murphy and Vaughan; Weyhing and Spies. Umpire—Keefe. BROOKLY N. Y., June 29.—The New Yorks and Brooklyns fought a drawn battle at Eastern Park to-day in the_ pres- ence of 10,000 spectators. The New Yorks had men on second and third in the ninth inning, and two were out when the rain fell in torrents and flooded the grounds. After a wait of thirty minutes Emslie called the game. It was a contest between Dad Clark and Kennedy, with honors about even. Attendauce 10.000. Score: R BH. E Brooklyns SRR New :Yorks RO T Batterles—Kennedy and Dailey, Clark and Seriver. LAWYERS HRE_FURIOLS Missing Papers in a Famous Suit Cause a Big Rumpus. No End to the Sensations In a Land Sult Involving Many Milllons. PARKERSBURG, W. VA, June 29.— The great suit of Henry C. King of Boston against sixty defendants, whose property consists of 500,000 acres of land in Mec- Dowell, Mingo and Logan counties, valued at many millions of dollars, that King lays | title to, was resumed in the United States | Court here to-day. Judge Jackson granted the injunction asked for restraining U. S. Buskirk from cutting timber from the lands claimed by King pending the settle- ment of the title suit. Buskirk was allowed to remove the lumber already cut, provided he gave a bond to indemnify should the latter prove his claim. In the contempt proceedings against Buskirk far disobeying the temporary in- junction, the defendant was bound over in | $20,000 until Monday. During the argument an important paper was missed, and in the controversy that followed Hon. John W. Hutchinson, Buskirk’s counsel, asserted that some one had lied. Judge Stiles of Boston, representing King, intimated that Hutchinson had the missing document concealed on his person, and Hutchinson in great anger emptied his pockets, throwing their contents vio- lently into Stilesy face. Stiles was about to attack his assailant when the court called the Marshal to preserve order, and a dis- graceful personal collision was averted. i iy MILLIONS AT STAKE. Claims Filed for Shares in Rich Colorado Mines. COLORADO SPRINGS, Coro., June 29.— Leslie A. Popejoy, through his attorneys, George A. Corbin of Denver and 8. M. Ashenfelter of Colorado Springs, filed a complaint with the District Clerk last even- ing in what promises to be one of the most interesting and important suits ever insti- tuted in the State. Popejoy claims a half interest in the famous Independence, Washington and other valuable mining claims in Cripple Creek, and located be- tween April and July, 1894, by Winfield S. Stratton, who is named as defendant in the snit. The plaintiff also claims that he is entitled to a half interest.in all the prop- erties purchased by Mr. Stratton since 1891, alleging that such purchases were made with the proceeds of the properties mentioned. The entire value of these properties is set out in the complaint at $3,000,000, but the actual value will reach a much greater amount, as it is reported that $2,000,000 has recently been refused for the Indepen- dence alone, and the output of that mine has doubtless been much more. Popejoy claims that in Avpril, 1891, he “grub-staked” Stratton, and that the lat- ter was prospecting under this ‘grub- stake’” which he made before the discov- eries, and that Stratton was a skillful min- ing engineer, while the plaintiff was a person who knew nothing of mines or their value; and that afterward Stratton bought him out on the representation that the properties were of little value, paying only the amount of the grub-stake which he had advanced. Then Popejoy moved to Denver and never learned the value of the properties until last summer, when he read in the newspaper accounts of the Bull Hill riots, in which Mr. Stratton was referred to as the wealthy owner of the Independence and other rich mines. RS FIRE RAGES IN CHICAGO. Great Damage Being Done in the Whole- sale District. CHICAGO, ILL., June 30,1:30 A. M.—At 1:15 this morning a 4-11 alarm brought the town Fire Department to the corner of Franklin and Madison streets, in ihe heart of the wholesale drygoods district. The big five-story building occupied by six or seven firms was on fire in the third and fourth floors. The fire started in the wholesale house of J. B. Cosgrove & Co. on the third floor. It burned fiercely and soon ate its way into the two floors above, occupied by the American College of Dental Surgery. At 1:45 A. M. the fire is not under control and the stock of A. Putnam, wholesale boots and shoes, on ‘the second floor; Rushstrat & Corlett, tobacco; Leonard Atkins & Co., dry goods; and the Consoli- dated Electric Company, on the first floor, are being ruined by water, The loss will be heavy. et Rl | Six Miners Killed. ST. LOUIS, Mo., June 29.—A special from Zacatecas, Mex., says a premature explosion occurred Thursday in a blast in a mine near Coulutlan, resulting in the killing of six miners and the injury of sev- FORGED STREETWARRANTS Assistant Bookkeeper De Car- dona Arrested for Forgery. A PRETTY SYSTEM OF FRAUD. Very Sllly, However, for Detection Was Certain—His Wife Is Prostrated. Leo de Cardona, assistant bookkeever for Superintendent of Streets Ashworth, was arrested late yesterday afternoon on a warrant sworn out by J. B. Gartland, the head bookkeeper of the department, charg- ing him with forgery. De Cardona was taken from his desk in the Superintendent’s office and placed in the leckup in the same big building in which he was serving and has been serving for some years as a trusted employe. The charge is based on a knowledge that has come to the Superintendent and other officials about the hall that the wages war- rants of the Street Department have been undergoing a systematic “raising” in the amount of their demand for some time past. The discovery was made in the course of checking up the books of the different de- partments—those of the Auditor and Treasurer with those of the Street Depart- ment. Tt was found that the wages warrants for the street employes were very much larger on the Treasurer’s books than they were on those of the Street Superintendent. The Police Department was appealed to and Captain Leés detailea Detective Cody on the case and as a result of an investiga- tion extending over a week sufficient evi- dence was secured to warrant the arrest of De Cardona, a young man of very quiet disposition and hitherto supposedly ex- emplary habits. e entered the Street Department as assistant bookkeeper with the preceding administration —that of Mr. Ackerson. He was so highly recommended as to ability and trustworthiness that Ash- worth, when he succeeded to the office, allowed him to remain while displacing many others of the old administration. He is but 28 years of age, is married and has one child. His wife was completely prostrated by the news of her husband’s arrest. They lived at 533 Hayes street. It is not known to what extent the war- rants have been manipulated and the sum may run away up. The heads of the de- partments confess to having actual knowl- edge only of three thatgot through the treasury and one that was detected. It had been the intention of the officials to allow the matter to go along until the extent of the work was better known, but as whisperings began to be heard through the y Hall that things were going wrong, and as the evidence in one case was sufficiently strong, the warrant was issued as a precautionary measure against the flight of the bird and the investigations wfil now be pursued more openly and rap- idly. ’lyhe method of the manipulator was very simple. The wages warrant that serves as a basis of the prosecution was one made out to William McKinley, laborer, for four days’ work at$2 a day—$8. The amount is written upon the face of the warrant in letters as well as in figures. The word “‘eight” is written well over to the end of the line provided in the blank for it, the end to the right, while the figure “8” was also written to the right and some dis- tance away from the dollar mark. This warrant it appears was cashed to McKinley before it went '.hrouEh the cus- tomary routine of approval by the Finance Committee of the Board of Supervisors and the Auditor, for when it did so the word “‘twenty’’ was written in in the same hand- writing in the proper place before the word ‘“eight,” to make the warrant worth “twenty-eight’’ dollars, the figure 2 having been written in also before the figure “8.” This warrant was discounted later by a broker. Tt was discounted very much, however, for Schmidt only paid the $8 for which it was really good, apparently suspecting something wrong. The warrant had not got into the treasury before De Cardona appeared and presented $20 to make good a discrepancy that had occurred with re- gard to it by mistake, he explained, and with a request that “nothing be said about it,” Nothing was thought of this at the time, but when the regular systematic checkin, of the books a little later revealed severa other discrepancies, notably in the case of two warrants that on the Btreet Superin- teadent’s books called for $7 50 each and on the Treasurer's and Auditor's books rep- resented $57 50, that incident was recalled. Then another warrant turned up that was without any parentage at allin the wages list. It was a dummy warrant for $127. It was true it was made out in the name of one of the laborers who was on the rolls for §7, but another warrant in his name for that amount was discovered. It is sup- posed that the dummy was made out in the laborer's name, raised and passed through the routine of approval without having been shown to him at all, for he claimed he had never received it, and on the plea that it was lost another was made out to him. In his capacity of assistant bookkeeper it has been the duty of De Cardona to make out the warrants for all the employes of the Street Department. The hand- writing of the inserted words and figures being identical with that of the words and figures proper to the warrants first directed suspicion toward De Cardona. Associating this fact with the incident of De Cardona’s payment of the $20 to the treasury and the request for secrecy, together with other suspicious circum- stances connected with the discounting of the warrants, the officers felt warranted in causing his arrest. It a]k';neared quite evident to the officials that the raised warrants had been made out originally with the intent to perpe- trate this fraud, room being left in which to insert the necessary words and figures. Captain Lees and the other officials are confident that there are others connected with the frauds, and are working to locate them. The evidence piled up in the hands of the policeis nearly convincing asagainst De Cardona. 8ix more charges will at least be made against him, if not more. Detective CO(H’ last night gave the instances in detail, which include several cases of direct for- gery of the names used. In March a “dummy” warrant in the name of John Sullivan, hod-carrier, 51 Harrison street, for $75 for services ren- dered to the Street Department was paid by the Treasurer. The signature of Super- intendent of Streets Ashworth to the war- rant is forged and 51 Harrison streetisa warehouse. In February a "dummf” warrant in the name of James Crowley, 714 Valencia street, 21 days’ work of a team of horses at $5 a day, $105, was paid by the Treasurer. Mr. Ashworth’s signature is forged, and 714 Valencia street is_occupied as a bakery and dwelling by H. Mans. This money was obtained through Ferdinana Smith, broker, Montgomery street, less discount. John McDonald, 3174 Day street, worked four days in March for the department,and ot an order on the Montgomery-street roker for $8. The warrant paid by the Treasurer was for $58, and the number of days had been altered from four to twenty- nine, The signature of Mr. Ashworth to this warrant is genuine. McDonald has left the City. William ~ Curley, laborer, 445 Natoma street, werked four days for the depart- ment and got an order on the Montgom- ery-street broker for $8, which was paid to him less the discount. The warrant as ,}nid by the Treasurer showed that the 01 ur days had been raised to fourteen and the amount from $3 to $28. Some days later a person unknown went to the broker and took up the order after paying the $8, thus leaving the warrant in De Cardona’s hands. It was discovered in the Treasurer’s of- fice that $20 too much had been paid on this warrant. An investigation took place, and De Cardona, although expressing sur- prise at such a thing occurring, said he would pay back the money rather than have any fuss made about it. Oscar McElroy, 40 Shotwell street, worked a day and a half with a double team, and a salary demand was issued for §$7 50, raised to twenty-five days and a half and §127 50, and paid by the Treasurer. McDonald did not get any of this money and called upon J. B. Gartland, the head bookkeeper in the department, asking for bis pay. He got an order on the Mont- gomery-street broker for $7 50 and was paid the amount less discount. The war- rant paid on this second order had been raised to eleven and a half days and the amount to $5750. McElroy declares the signature to this warrant is forged and in confirmation shows that the signature is “Oscar McElroy” and not “McElroy." it is known tgac there is another forged warrant in the hands of Mr. Gartland, but the particulars were not obtainable last night. Probably more will be discovered before the investigation is closed, and De Cardona may not be the only one arrested. Treasurer Widber has made good the $100 the treasury is out on the two raised warrants of $57 each, but he does not feel so responsible in the matter of the $127 “‘dummy.” He thinks the responsibility lies first with the Supervisors and next with the Auditor in that matter, and it is yet to be settled. MRS, HEYDENFELDT'S CAGE She Wins an Important Vic- tory in the Supreme Court. The Children Did Not Respect Its Terms and Therefore Cannot Enforce It. The Heydenfeldt case, which for nearly five years has been dragging alongin the courts, was decided by the Supreme Court yesterday in favor of Mrs. Elizabeth Heydenfeldt. By the decision Mrs. Heyden- feldt is relieved of the necessity of paying to her stepchildren about $65,000. The case isa peculiar one, and has attracted much attention from lawyers on account of the novel points which it raises. It appears from a summary of the case, which is included in the opinion, that Mrs. Heydenfeldt wishing to prevent a sensa- tional proceeding against her husband’s will in the Probate Court, enlisted the services of Adolph Sutro to effect a com- promise. An agreement was, after some negotiations, secured from the other side, by which they agreed to drop within thirty days all court proceedings, and in case Mrs. Heydenfeldt failed to carry out her portion of the agreement she was to pay over to her stepchildren $10,000. At that time she supposeda that her share of the estate would be between $200,000 and $300,000, but she found that instead the entire estate did not amount to much over $107,500, and that she had a life in- terest in that amount. The agreement was made on November 7, 1891, and on November 13, six days after, she served mnotice on the children, Mrs. Zeila O. Hellings, Thomas O. Heyden- | feldt, James O. Heydenfeldt and Ine O. Heydenfeldt, that she had decided to with- draw from the agreement. The children would not withdraw their action in the courts. however, until the thirty days allowed in the agreement had expired, but continued to prosecute their petitions for a revocation of the probate of the will. About 10 o’clock at night on December 7, 1891, the last of the thirty days men- tioned in the compromise, two men, who were clerks of the attorneys of some of the appellants, undertook to serve a certain paper on Mrs. Heydenfeldt as she was going through the yard of her residence. She was frightened by the men and ran away from them into her house. The paper was thrown after her and was found in the yard the next morning. It is contended that this paper consti- tuted an offer to perform their part of the agreement contained in the contract, of No- vember 7. The paper, as found, was not signed by any one of the appellants, but it had been prepared and the names signed to it by attorneys for some of the parties interested. The lower court found that this paper was not, on its face, an offer to perform the terms of the agreement, and that it was not made in good faith; nor was it exe- cuted by the parties in‘interest themselves the against Wilson but the case he testified that he knew nothing of the facts of the case, and did what he was told to do for & bed or J\hca to sleep in. In thus testifying Fisher alleges that Piercy committed perjury. MILITIAMEN LEAVE TOWN, Three Companies of the First Regiment, N. G. C., Start on Short Outings. Three companies of the First Infantry, N. G. C., leit the city yesterday afternoon to take a little country air. Company D, with nearly fifty men in line, left for San Leandro, where they will attend a ball, given by themselves to the people this even- ing, and to-morrow they will spend a good vortion of the day in extended order drills. complaining _witness at the trial of Captain Schaefer and Lieutenants Burdick ang Blunhall are in command. Companies C and G, the Nationals, left Glen Ellen, where, at the invitation of Dr. 0O’Donnell, they will camp to-night on his property. 4 They hoped to find a sufficient number of people to join in a dance last evening. To-day they will drill and have target practice until the train leaves. About sixty men turned out from the two com- panies. All three of the wandering com- panies took along their own blankets and rations and the men wore campaign uni- forms. A rather high-handed proceeding oc- curred on Market street, near Ninth, while Company D was on _its way to the boat. Three men—John Pearson, W. H. Hutchinson and John B. McCaffney—were standing on the sidewalk, when the com- pany came down in a coiumn of fours. The men were ordered out of the way in a gruff manner, and as they hesitated, the leading men grabbed them and threw them into a doorway, Captain Schaefer, so Hutchinson_says, devoting special atten- tion to him in assisting his men to clear the sidewalk. The company marched on the sidewalk to the wharf, the column oc- cupying nearly the whole width all the way. ———————— 0. MEYERS IS DEAD. He Claimed to the Last That He Was Not a Suicide. C. Meyers, a furniture polisher, 48 years of age, died yesterday afternoon at the County Hospital of a pistol wound in the side of the head. He was found Tuesday night in Cypress Lawn Cemetery lying beside a bench with a pistol at his side and a hole in his head. He declared, however, that he had not tried to commit suicide, but did not re- member having been attacked. He had no money. He said that he was single, and bad no relatives in San Fran- cisco, and gave his residence as 775 Bryant street. It was learned, however, that this was not his residence. So far no friends of the deceased have been found. A. 8. MOORE FAILS. The American Can Company Closes Its Doors. The Sheriff’s lock was yesterday placed upon the door of the American Combina- tion Can Company, at 14 Stevenson street. Alfred 8. Moore, the proprietor, assigned all of his property to the Sheriff for the benefit of his credivors. Moore places his liabilities at $31,310 06. He did not state his assets nor the cause of his assignment. NEW TO-DAY. FRETTING. Sclentific men, specialists and all deep thinkers have always asserted that fretting Is more wearing on the human system than hard, physical work— labor. Yet, there are hundreds of people who daily fret and fume. and wear themselves out, when they could just as well throw off this fretting by taking proper treatment, eating proper foods and guiding themselves by the correct advice of a leading physician. Mr. Samuel Brown Allen of Zacatecas, Mexico, was once a gloomy individual. He tells a tale that is hardly believable. and yet it I8 the absolute truth —which bears out the assertion that “truth is stranger than fiction.” In the city of Zacatecas, in Mexico, on November 7, 1894, Mr. Samuel Brown Alien penned the fol- lowing letter. Read It, and if youdo not believe that he wrote the letter, kindly write to him: Hudson Medical Institute—GENTLEMEN: “After 1 received the medicine which was sent to me through my order by Wells, Fargo & Co.’s express, in September lasts I'started taking sald treatment on the 7th of October up to this date, and the mea- icine is just finished. 1 must herein Inform you that for such a short time and with such a small quantity ot medicine it seems Iike a great miracle, and I cannot do otherwise than give my testimony about your treatment. To begin with, I must say that for over four years I have been suffering from distressing feeling at night, my sleep always being distressing. In the morning I always felt as tired s if L had been working il night, and always had some distressing dreams. My appetite wns poor. I could not eat a comfortable meal without taking in accordance with the terms of the orig- inal document. The court below also took cognizance of the fact that after this offer of compliance the children continued the rosecution of their petitions in the Pro- Eate Court as before. On December 12, 1891, Mrs. Heyden- feldt filed a petition for a family allow- ance and Mrs. Hellings filed an opposition to it in which she affirmed that Mrs. Hey- denfeldt was not the wife and her chil- dren_were not the children of Solomon Heydenfeldt. The Supreme Court says in rendering judgment: Appellants contend that it was enough to offer to perform, and, that if their offer was not good, they were excused from making any offer by respondents’ notice that she would not periorm. Their complaint, however, rests upon an alleged offer and not upon an excuse for not making an offer. But it is clear that in this case appellants could not recover from respondent the specific amounts of money named (in principle the purchase price) without performing their cove. nants or making & bona-fide offerand tender of performance and remaining in a position to keep that offer and tender good. This they did not do. They did not perform any of their covenanys, and ‘their alleged ten- der of performance, m addition to defects hereinbefore noted, was evidently not bona fide, and was not kept good. By continuing to prosecute in the Probate Court they them- selves broke the contract. They put it out of their power to perform their covenants, for they continued to do the things which those covenants restrained them from doing. They were like the vendor of wheat who, while con- suming the wheat himself, is suing the vendee for its price. For these considerations, without determining other questions in the case, we think that the judgment should be afirmed. Justice McFarland wrote the opinion and Justices Henshaw and Temple con- curred. ATTACHED ALL THE PAPER. The Sheriff Takes Possession of the ‘Western Roll Paper Company’s Stock. An attachment was yesterday placed upon the stock of the Western Roll Paper Company, to secure a judgment for $4251 rendered on a promissory note held by the Sather Bank. The note was made in‘favor of the bank when the Western Roll Paper Company absorbed the business of the Pacific Roll Paper Company, and it was drawn to cover certain debts of the old company. ¥ T. J. Corwin, business manager of the Western Roll-paper Company, and J. G. Scott, one of his assistants, denied that the company owed a dollar or that they had l}s}ny ;ransuctions whatever with the Sather ank. They declared that there was a mistake somewhere, for they said they know no reason for the levying of the attachment. In spite of this, however, the bankers say they hold the note and suit upon it was ordered commenced yesterday. ————— Charged With Perjury. George R. Piercy was arrested last night and booked at the Sixteenth-street station on a charge of perjury, on the comrluint of Henry i quherw;ubu-her of the California Catholic, W. W. Wilson and a&nother printer destroyed a quantity of type in the office of the Califor- nia Catholic some wegks ago and were ar- rested for malicious L. Plercy was two or three strong drinks of Mexican tequila, and regularly when I finished eating my meals there was & sickening of the stomach, and then I had to throw up all that I had eaten. Tt I did not throw it up it was because I had a cigar or @ couple of cigarettes then and there,as soon as I stopped eating. Lalsoused to have a kind of dizzy spells, and had to sit_ down to prevent from falling. My sight was very aim or dark, and I could not make out & small object at 200 or ‘300 yards’ distance. T could only see the shape as it moved, but could not tell whether it was & man or a woman. I also used to have spells of headaches and there has always been nervousness throughout my whole frame, 6. pecially my legs and arms. I could not lift half the weight 1 was once able to and my tongue was a regular mass of whiteness and nothing tasted good. “But, gentlemen, since I commenced taking your treatment 1'commenced to feel a great change. I had nervous debility, bilicnsness, and my general pains were rheumatic pains. I must say your treatment drives all such pains away, and 1 am now enjoying a different life and feeling. I am making new flesh, creating more blood and strength and more weight, I can see pretty clear] sleep as & buck, wake up in the morning at pre ent as & man who has been on a_long journey, and, niter & good night's rest, feel refreshed in the morning when T wake. . ““Although I have not been in anywhere where T could weigh myself, I could say that I am greatly improved in weight, but as soon as I can manage to welzh myself you shall know what an increase there is in me. “I must say in these lines that the HUDSON MEDICAL INSTITUTE has done for me what T did not believe could have been dome for me through mail. I must also say thanks to the San Francisco Caronicle, who sent ihe advertisement of the HUDSON MEDICAL INSTITUTE In one of 1ts pages, 30 that all_suffering humunity may most truly find out where to cure of their many suffe : \inahort, I must say that for me the HU. SON MEDICAL INSTITUTE has done wonders, and I am willing to answer any questions which any one may choose to ask me personally or by letter as to my cure which the said Institute has done for me: while I have the honor to remain, gentlemen, very respectfully your obedient ser. vant, Signed) “SAMUEL BROWN ALLEN, “Zacatecas, Mexico. 7 “P. 8.—Now all of the above feelings which I had before are all gone and I am a new man. T shall not need any more of your medicine for the future. 1 skall recommend thé HUDSON MEDICAL IN- STITUTE to all whom I know suffer so that they may cure themselves. 5. B. A Now, kind reader, there must be some reason for our great success, and It is easily discovered. A corps of consulting physicians, backed up by the best electrical Instruments for the treating of ner- vous and chronic diseases, supplied with the finest drugs, enables the physicians to do excellent work. It is your own fault if you do not consult them. The physicians of the Hudson Medical Institute treat catarrh of the head, stomach and bladder: all bronchial disenses: all functionai nervous diseases; St. Vitus’ dance, hysteria, shaking palsy. epileps; all venereal diseases; all kinds of blgod troubles ulcers, waste of vital forces, rheumatism, gout, eczema: all diseases, from whatever' cause arising: psoriasis; all blood poisonin poison 0ak, lost or impaired bles, neryous exhaustion and'prostration; paresis; all kidney diseases: lumbago. sclatica; all bladder troubles; dyspepsia, indigestion, consti: pation; all visceral disorders, Which are treated by the depurating department. Special instruments for bladder troubles. These are & few of the special diseases in which exceptionally remarkable cures have been made by the specialists, and it may frankiybe stated that helping hand is extended to every patient. n; incipient Circulars and Testimonials of the Grilt Hudyan sent free. HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Streets. BT~ Send for Professor J. H. Hudson's celebrated lecture on the “Errors of Youth and on Lost Man- hood.” It will cost you nothing. Visit the Institute when you can. All patients seen in private consulting rooms. Ont-of-town pa- tients can learn all about thelr cases if they send for symplom blanks. All letters are strictly con- fidential. Two thousand testimonials in the writing of the individuals cured. A7~ Office hours, 9 A. M. to 8 P, M. Sundays, 9 to 12. NEW TO-DAY. BUT FEW DAYS REMAIN The Fourth of July with its celebration is close at hand. Don’t you want to save enough this year in the purchase of your suit of Summer Clothing to defray all the expenses of your holiday outing ? If you’ll deal with us, the Wholesale Makers, you can purchase for less than the Retail dealer had to pay. Try it once, as hundreds of others are doing. Wholesale Manufacturers Props. Oregon City Woolen Mills Fine Clothing For Man, Boy or Child RETAILED At Wholesale Prices 121-123 SANSOME STREET, Bet. Bush and Pine Sts. ALL B e LUE SIGNS ->wa 1024 - 1028 T wong & LATEST S2rine d portations from Paris in *Hats, Laces, Flowers, RIBBONS, Ete. THE LARGEST STOCK EVER DISPLAYED IN THE CITY. FEATHERS, Ete., : : Millinery% : | | MARKET ST. BRANCH—999 MARKET 8T. AV ITVIVVVTVVAVVVVIVVE NOLAN BROS. and save the jobbers', drummers’ and agents’ fits. We retail shoes at wholesale prices. have the largest store, and by far the largest stock to select from. NOLAN BROS. SHOE COMPANY, PHELAN BUILDING, 812-814 MARKET STREET. TELEPHONE 5527, SHOE Co. Buy your Shoes direct from the manufacturer AGENTS FOR THE CELEBRATED pro- We KING OF ALL! 1000 LETTER HEADS $3.00. SEND FOR SAMPLES. PACIFIC PRINTING CO., 543 Clay Street, S. F. of a thoroughly scientific and practical character. higher to a lower, and vice versa, at pleasure. LI PO TAl JR.’S Herh Sanitarium, No. 727 Washington §t., Cor. Brenham Place, above the plaza, San Francisco, Cal. Office hours 11 A, M. to 9 P. M. SAN FRANCISCO, June 1, 1895. 613 Geary street. After three vears of acute suffering from bron- chitis and insomnia and having been treated dur- ing this time by physicians of both the old and new schools without the slightest improvement I con- sulted Dr. Li Po Tal Jr., who at once found direct cause of the trouble. After a course of treat- ment with him I can pronouuce myself cured. I DORA LONG. feel L owe my life to his skill. revolutions. Price $125. the | finish. Price $105. NEW WESTERN HOTEL. EARNY 10 8 per week, $8 to hot and cold water every room; fire $30 per month; free grates ToOom; elevator runs all night. AND WAz HINGTON STS.—RE- modeled and renovated. KING, WARD & CO. European plan. Rooms 50c to $1 50 per d;zl:‘ in every Pleased to Have Yon Call and Examine. Phelan Building. Factory—30 First Street. Speeder Bicycle Absolutely high grade, possesses many noveltles THE SPEEDER isso coustructed asto give the rider an instantaneous change of gear from a Above cut shows contents of sprocket wheel. Tt will be observed that the gear wheels are so ar- ranged as to constitute a perfect roller bearing and centering device, thus obviating the tendency to friction and wear on case and shaft in their THE ALCAZAR BICYCLE Same as the Speeder, without Speeder attach- ments. Absolutely high grade, modern style and 1 818-820 Market Street