The San Francisco Call. Newspaper, July 17, 1895, Page 2

2 THE SAN FRANCISCO CALL, WEDNESDAY, JULY 17, 1895. usually leads up to the contents of the book. Do you mean to intimate that the great, complicated questions of finance are s0 simple that little children can under- stand them when grown men cannot find anything about them? Is it your idea that when Newton saw the apple fall if a little baby had been with him the babe would have found out a good deal more from the circumstance than Newton did?” Said Mr. Harvey: “Mr. Horr misinterprets the meaning of that verse. The word ‘babes’ is introduced to mean those pure of mind and unselfish. It is in that sense that it is used in the Bible, and means that those pure in mind and unselfish can clearly see those teach- ings which the impure of mind and selfish cannot see or understand. The cause I represent is pure and unrselfish. “In carrying out the ideas of an illus- trated book an illustrated preface was adopted to show the rise and decline of civilization concurrent with an increase and decrease in the volume of primary money. The two pictures that appeared in the book were thus used; the space below the pictures was limited in which to place the illustration; so I used only suffi- cient authority to establish the principle to be taught and the space would permit of. The authority used was the report of the monetary commission approved by Congress in 1876, reported in 1877 and pub- lished in 1878. “The copy used had the date of its publi- cation on the cover and that date was given in accrediting the authority. It was afterward changed in ‘School’ to read 1876. 1 now read from report a paragraph from which the abbreviated statement printed | under the picture in the preface was made. It begins with the last two lines on page 49 follows: ‘At the beginning of the an era the metallic money of the n empire amounted to $1,300,000,000, During this period a most extraordinary and baneful change took place in the con- dition of the world. Population dwindled and commerce, arts, wealth and freedom all disappeared. The people were reduced by erty and misery to the most de- graded conditions of serfdom and slavery.’ “The disintegration of society was al- most complete. History records no such disastrous transition as that from the Ro- man jempire to the dark ages. Various ex- planations have been given of this entire treaking down of the framework of so- ciety, but it was certainly coincident with i ze in the volume of money which was also without historical parallel. All other attendant circumstances than these last have occurred in other historical sh isa e coincidence that the mmer only came with the invention Is of exchange and paper substitutes the scanty stock of precious | s was increased in efficiency. It d the heroic treatment of 1z ces to enable society to relight and up- lift the almost extinguished torch of civll- izati That the disasters of the dark | ages were caused by decreasing money and | falling prices and that the recovery of the | reform and the comparative umuperity} followed the discovery were due to | creasing supply of the precious | s and rising prices will not seem sur- g or unreasonable when the noble | functions of money are considered. Inow | pass the book to Mr. Horr.” ““1 desire to state,”” said Mr. Horr, “that ¢ friend has spent his whole time | a ring something that I never men- tion or said anything about. I merely | called his attention to the use of the pas- | sage of scripture, which he has not fully ving that the passage does not mean what it says, that the word | ated ‘babes’ really means | rested persons, and then | orms that he represents the| honesty of America. 1t may be that there 1s some excuse for the use of | h a motto as that. Itseemed to me at | the time a little sacrilegious as he used it. | 1 do not desire to criticize him for that, but I do desire to say for him that that motto is not susceptible of the explanation he now makes of it. The next quotation I find, still before you get to the body of the book, is this: ‘All money is the medium | of exchange, but primary money only is the measure of values.” “I have stated my own position, and I would like Mr. Harvey to te]l me in a word what he means by primary money. It is not defined, as I can find, anywhere in the book. What kind of money is primary money? Am I entitled to an an- swer?” “When you have finished and sat down, Mr. Horr, I will go ahead,” said Harvey. I submit that & question so simple as that which is at the basis of this question should be answered as readily,” resumed Horr. “I will sit down and let you answer it” “The question asked is a part of the main argument,” said Harvey, “in the book, and it would be out of place for me | to answer this question now, and would disturb the logical arrangement of the ar- sument.” “I have mnot succeeded in getting much investigated,’ sneered Horr. “If I did not understand him in his re- warks when he laid down the positions he was going to occupy, he, for the first time in those remarks, gave his definition of primary money. Isubmit to the reporters that he said ‘primary, or redemption money,” in the course of the explanation. If I am right then it is redemption money which he re- fersto in this motte. If that is what he means then I call hisattention to the fact that the statement itself is not true. ‘All money is a medium of exebange. Itis troe that far, but primary money, or re- demption money only, is not al- ways the measure of values. We sometimes live and do business for years and a measure of value that we use is not r¢demption money at all. The | measure of vaiue from 1862 to 1879 in the United Btates was the greenback dollar. That was not a dollar of primary money, it was a paper dollar, a promise to some- time pay a real doliar.” *‘Money is a medium of exchange,” said Harvey, “and a measure of values. Asa measure of values, it is a thing represent- ing value. When we express prices we have reference to the unit of value or its equivalent. With gold and silver in existence as primary money there is double the quantity of money, real money, as there is when gold only ?s in existence as primary money. Money isalso a medium of exchange. What is meant by that is this: Instead of ex- changing one property for another property, we exchange it for money, and money being by law and usage a common medium of exchange, we are thus able to exchange it for the other property desired. ‘We exchange property for money and then exchange the money for the property or for service. “To understand the importance of money one must consider the conditions that would exist it we had. no money. Tt would then be a matter of barter and ex- change, one kind of property for another. The men of to-day, do not understand money and its relation to property and to society; if they did we would not be engaged in this discussion. Under this last head comes the question whether i all money should be issued by the Government or all or part of it should be issued by private parties or corporations. The necessity for money, the fact that it is the fluid of society, should make it solely a creation of the Government. We regulate interstate com- merce by law because it isa matter affecting society. Nothing is so intimately con- nected with the organization of society as money, and we have a school of financiers who advocate that it is a crestion by pri- vate parties and corporations and can be regulated by them. “It should become a fixed principle with us that the issuing of money is an act of sovereignty. Our monetary system should be fixed upon scientific principles by which every dollar is as good as every other dollar. All money should be a legal tender in the payment of all debts and no act of discrimination or nullification or de- basement of the currency by any one should be permitted.” SILVER MEN ARE ACTIVE, Champions of the West Do Effective Work tn New York. NEW YORK, N. Y., July 16.—The silver men in this city are still on the alert. Some time ago the Tribune said that a silver headquarters would be kept open here all summer, and that at no time would the New York station, so to speak, be deserted. This statement has been borne out. While the gnard has been con- stantly changing, and the responsibility has been shifted from one set of persons to another, there has never been a time since Congress adjourned that some of the lead- ers in the silver cause have not been in New York actively at work. Among the most indefatigable workers have peen Senator J. Don Cameron of Pennsylvania, Senator Jobn P. Jones of Nevada and Congressman Francis G. New- lands of Nevada. Others that have been here are: Senator Stewart of Nevada, Sen- ator Dubois of Idaho, Senator Shoup of Idaho, Senator Pettigrew of South Dakota, Byron E. Shear and H. B. Gillespie of Denver, and Mayor D. B. Harris of Tennes- see. One thing in connection with the silver propaganda is the fact that Joseph C. Sibley, ex-member of Congress from Pennsylvania, who is prominently named as the logical candidate for the Presidency on a silver ticket, has not been in New York at all during the summer. It is hinted, however, that he is ex- pected here shortly, and that when he does come a conference will be held. It is known that Senator Cameron has posi- tively aeclined to accept the nomination for the Presidency on a silver ticket, and that he is throwing his influence toward Mr. Sibley. Senator Cameron is deeply interested in the fight that Senator Quay is making in Pennsylvania, for largely upon the success of Mr. Quay depends Mr. Cameron’s political fortunes. When Con- gressman Newlands was seen at the Wal- dorff Hotel to-day, he said: “The silver strength is growing in the West, but I must admit that the East stands firm for this so-called sound money. We do not expect to derive our strength from the East, but in another year all the States west of the Mississippi River will stand solid for free silver.”” Mr. Newlands said that neither of the old parties would commit itself solely to free silver. He thinks both oid parties will try to compromise and the result will be a bolt to a third party. When asked about can- didates he said: ““Senator Cameron will not bea candi- date. He refuses to leave his party for a third party. Mr. Sibley has also declined to run, or at least has said that he didn’t care torun. No one bas a right to nomi- nate any one until the silver convention meets. Senator Teller is a strong man in the West and I know he would stand for free silver if nominated.” STRATEGY fl[fl]hflfi. Cubans Routed a Band of Spaniards Without Losing a Man. Turned Defeat Into Victory by a Brilliant Coup Near Maravi. NEW YORK, N. Y., July 16.—A Re- corder special from Santiago says: Under command of Lieutenant Gurri, fitty marines from the Spanish gunboat Magallanes effected a landing on the 8th on the coast near Maravi, under cover of the big gunsof the man-of-war, and en- gaged 500 insurgents in combat. The marines took up a fortified position be- yond the earthworks which had been thrown up the night before. ‘When the insurgents prepared to charge their onslaught was easily repulsed by the shower ‘of shells from the gunboat. The rebels constituted a large part of Felipe Bueno's division. They made several at- tempts, but they couid not rout the marines in the face of the heavy fire both from the ship and the earthworks. It was then a strategic move was decided upon by the insurgent leaders. By coun- termarching they reached a position be- hind that occupied by the marines and in direct line of fire from the gunboats. A patch of wooded land concealed their ap- proach until they were within firing dis- tance of the intrenched Spamards. In the meantime a party of 200 rebels had been making a demonstration in the former position in order to allay the sus- picions of the enemy. When the insur- gents, with Colonel Agumonte Ricardo at their head, began the attack from the wooded patch they were seen by the gunners on the ship, but the latter dare not fire for fear of shelliug their own men. The marines themselves did not discover their predicament until the insur- gents were swarming over the breastworks and shooting and cutting right and left. By this time re-enforcements were sent from the vessel, and their landing was pro- tected by the bie guns. The fire detail of marines beat a retreat toward the water line, leaving thirty of their dead on the field. The victorious in- surgents regained the cover of the woods without baving lost a man. They carried off the arms and ammuni- tion landed by the marines. The Magal- lanes steamed away at dusk. General Victoriano Garzon Dead. HAVANA,.Cusa, July 16.—The insur- gent leader, Victoriano Garzon, who was reported on “the 10th inst. to have been wounded during an engagement with Gov- ernment troops, has died from the effects of his wounds. MURDERED BY NEGROES An Entire Family Brutally Gashed With Knives. HAVANA, Cusa, July 16.—At Caryaja- bos, near Artemisa, late last night, a fam- ily, comprising a man, three women and two girls, were attacked by five negroes and brutally murdered, their bodies being frightfully gashed with knives and ma- chetes. Two other persons were also seri- ously wounded by the negroes, who were pursued and captured by the civil guards. SAW SIGNS OF LIFE: Sensational Postpone- ment of the Funeral of a Girl. TAKEN FROM THE GRAVE. Spectators Declared That the Corpse’s Countenance Was Lifelike, §0 THE BURIAL WAS STOPPED. Physicians Soon Discovered’ That the Polson Taken Caused the Peculiar Appearance. HARTFORD, Coxx., July 16.—A doubt at the last moment that the young girl they were burying was actually dead led fo the postponement of a burial service in Torrinzton. It was thesmost unusual and thrilling graveside episode that has ever happened in this State, and caused great excitement. Miss Mara Eichner, the daughter of Wil- liam Eichner of Newfield, two miles from Torrington, committed suicide Saturday morning by taking a dose of Rough on Rats. The cause of the suicide is said to bave been a cruel rumor. Her father re- ceived a letter from a man who charged Miss Eichner with improper conduct. She indignantly denied the report, but the story so preyed on her mind that she de- termined to end her life. The funeral was held at Miss Eichner's home in Newfield, Sunday afternoon. The Rev. Mr. Roberts, her pastor, conducted the services, and there was singing by friends in Newfield. The bearers were four young men, admirers of the deceased. Following the services at the house the re- mains were brought down to the Center Cemetery in Torrington for interment. There was a very large crowd gathered at the cemetery. The members of the Sunday-school class to which the deceased belonged, and other young lady friends, brought a mass of flowers, and the grave was literally lined with them. Rev. Mr. Roberts read a brief part of the final service, and the casket was lowered into the grave. Then happened a most thrilling scene. When the casket had been opened fora final view of the remains, just before lowering into the grave, several friends noticed that Miss Eichner’s countenance was flushed and life . There was a good deal of color in the face, and the hands felt warm. The more they thought about it the more the young lady’s friends be- came convinced that if she were buried then she would be buried alive. As the sexton was about to throw the first spade- ful of dirt on the coffin, one of her friends spoke up: “TI protest, Den’t you fill the grave yet. This young woman isn’t dead.” Probably a thousand people were at the graveside and about the cemetery at the time and all were in a quiver of intense excitement. The news quickly spread all over town and a great crowd collected. The opinion that Miss Eichner was still alive became general! and excited persons exchanged their views in whispers and half tones. *I pinched her ear,” said one, “and the color came and went.” ‘‘Her hands were warm and moist,” said an- other. “And her cheeks, did you notice, they were pink, as they always used to be,” said another. The upshov was that Dr. Hanchet, the medical examiner, was hastily summoned. The crowd watched him with bated breath descend into the grave and examine the body. He pronounced the girl dead, but her friends were still not satisfied, and Dr. Platt was called. He, too, pronouncea life extinct. There were many who were not ready to concede this, however, and the casket was drawn from the grave. Mean- while Herman Fritz, a cousin of Miss Eich- ner, without the knowledge of the cther relatives, had obtained permission from the Selectmen to remove the body, and it was taken at 6 o’clock to the lockup. The colored people of the town were holding a religious meeting in the town hall, but after they adjourned the body of Miss Eichner was removed to the hall. The windows were shaded, the great ex- citement drawing a large crowd to the place. Dr. Hanchet called a council of Doctors Platt, Pratt, Pulver and Hill. Tests were applied and a thorough exam- ination made. A few minutes sufficed to show that the girl was dead. The reason the physicians gave for the lifelike appearance of the corpse was that the corrosive sublimate in the Rough on Rats tended to prevemt coagulation of the blood after death, which gave a rosy, lifelike glow to the face. The warmth of the body they ascribed to the ride of two miles in the hearse, whose glass sides con- centrated the rays of the sun. The body was left in the town hall over night and friends waited all night by the side of the corpse, hoping in vain for some sign of life. At 8 o’clock yesterday morning they reluctantly relinquished their watch, the immediate relatives of the deceased made up a procession and the body was interred without furthet cere- mony, the family being at last fully satis- fied of death. EVICTING THE FARMERS. Flournoy Tenants Driven Of by Indian Police. PENDER, Nesr., July 16. — Captain Beck’s police were busy to-day ejecting the Flournoy company’s farmers in the Emer- son neighborhood. Last Sunday the police attempted to evict one of the company’s settlers named McDonald, when President Lemon stood off the entire force with a re- volver. The captain of the police ordered a charge, but none of the force cared about running any risks. S The settlers seem to take more courage, and it will be because of the cowardice of the ?liea if some blood does not flow. The Flournoy company’s attorneys were at Coburn Junction to-day, where they were to meet Judge Norris, who will enjoln Beck from interfering with the tenants. S S NOT GUILTY OF MURDER. Now There Is No Chance of Clearing a Great Mystery. TOLEDO, Omio, July 16.—At s little be- fore 7 o’clock this evening a jury, after a consultation of scarcely three-quarters of an hour, returned a verdict declaring Dr. Ad.nm Edmon of Tontogany, Ohio, not guilty of the murder of Mrs. Olive Peaney. Following quickly on this came the an- nouncement that the indictment against Mrs. Edmon, the doctor’s wife, who like- wise had been cha: with the murder, had been dismissed at the instance of Prosecuting Attorney Murphy of Wood County. Thus the now famous case is as much a mys it was two month: and the prol::fih pficaet s are that the murderer | G or murderers will never be discovered. All northwestern Ohio, and particularly Bowl- ing Green, where the defendant has been on trial, has been agog over this case. — LOST HUSBAND AND MONEY. Sarah Mead Made a Mistake in Marrying Dr. Walker. KANSAS CITY, Mo., July 16.—Sarah Mead, 32 years old, a former school teacher of Greenwich, Conn., is minus a husband and $3100 in hard cash. She had met Dr. J. L. Walker of Des Moines, Iowa, at a summer resortin the East last year. A correspondence was kept, and on June 5 last she came to this city and was married to him in Kansas City, Kans. Now she has discovered that her husband is false, and that she has been the victim of a most cruel deception, Her husband hasdeserted her, and worse still, he had taken her gold watch and $1200 in money, leaving her more than 1500 miles from home with only $10. A few days after the .wedding the doctor told his wife he had been offered a fine practice by Dr. Shell in_this city for 1200 in cash, and he had decided to accept t. She gave him $600 and wrote to her sister in Connecticut for $600 more. The money arrived July 1, and on the same morning while Mrs. Walker was house- hunting in Kansas City, Kans., the doctor carted his baggage off to the Union depot and left the city. He managed to obtain $1900 more, ostensibly to pay off a mort- gage on his property in Des Moines. —_— FOND OF SWELL GUESTS, “Cardinal” Richelieu of Chi- cago’s Fashionable Hotel in Trouble. Some of the Chappies Fall to Pay Bills and a Recelvership Soon Follows. CHICAGO, Iri., July 16.— Chicago’s most fashionable hotel, the Richelieu, is in the hands of a receiver; cause, dull business and inability to meet interest on $900,000, for which the hotel company is bonded. William Hugunin, secretary and treasurer of the company, is appointed re- ceiver. He says the embarrassment is but temporary and pending the outcome the Richelieu will be run on the same high plane it has always been. H. V. Bemis, a wealthy brewer, founded the hotel, which is on Michigan boulevard, facing the lake, and fitted itjas sumptuously as any public- house in the world. The Richelien has always been famed for its magnificent carpets, draperies, pic- turesand cut glass. Of the latter it has several thousand dollars’ worth and a score of China dinner sets valued at more than a thousand each. “Cardinal” Richelieu, as the white- haired proprietor is known to his hosts of friends, bas made his house famous for its cuisine service and its cellars of rare old wines, unequaled ia America. His fad, next to his wines, was to have “swells" for guests, and the numerous un- paid bills by such guests is largely re- sponsible for the present embarrassment. Notable visitors, particularly foreigners, have generally registered at the Richelieu, and among the distinguished personages have been Booth, Barrett, Irving, Ellen Terry, Coquelin, Patti, Henry Watterson, Mark Twain, Max O'Rell, Leland Stan- ford, M. H. de Young, Claus Spreckels, J. G. Fair, and nobility by the hundreds. Ten years ago the ‘‘Cardinal” formed a stock company, which has since operated the hotel. The debts are $350,000 and the property is worth nearly a milllion. De- fault has been made in the payment of $7000 interest, as well as on the bonds matured. Mr. Bemis is ill atan Indiana watering place, the result of a recent sur- gical operation. The Richelieu’s reputa- tion is second to no American hotel and the aristocratic traveling public will be glad to know it is not to close its doors. s Ol THEY EDIT AMATEUR PAPERS. Young Men Who Use the Shears Rally at Chicago. CHICAGO, Iuy., July 16.—Amateur newspaper workers thronghout the United States will combine business and pleasure for three days during the present week. A president of a National Amateur Press Association will be chosen. David L. Hol- Iub of San Francisco is looked upon as the man for that place, and his chances for election are good. Charles R. Burger of Jersey City, whose term as president ex- pires at this session, is Hotlub’s opponent. Among the officers who will possibly be elected to the other offices are: A. W. Dennis _of Lynn, Mass., first vice-presi- dent; H.C. Morris of San Francisco, sec- ond viea-president; Albert E. Barnd of the Chicago Chronicle, recording secretary; Wilson Brubaker of Fargo, N. D.. treas- urer; Will Hancock of Fargo, N. D., for editor of the National Amateur, the official organ of the association. Either E. A. Hering of Seattle, Wash., or George L. Colburn of Pekin, Ill., will probably be elected corresponding secretarf'. Next year’s meeting place will be decided on at the close of the annual meeting. Washington, New Orleans and_Seattle of- fer liberal inducements, but Washington isin the lead and will probably have the privilege of extending its hospitality to the amateur writers a year from now. S e A HANGED TO A TREE. Robert Haggard, a Mulatto, Punished by a Fuwious Mob, MANCHESTER, Ky., July 16.—Robert Haggard, a mulatto, charged with having attempted to assault Miss Elkins, a i6- year-old white girl, was captured on Sun- day night by a posse of citizens. A rope was secured and the infuriated mob started to lynch the prisoner. Just at this moment the Marshal arrived with a strong posse and rescued the negro, who was taken to Ford Jail. The Ken- tucky State Guard of a hundred men watched the prison, but at midnight a mob | of 200 men overpowered the guard, and early this morning Haggard was taken from his cell and hanged to a tree. i1 6 asbini Trial of @ Student-Stayer. x TRENTCN, N. J., July 16.—The trial of Joha 8. Collins, the negro who shot and killed Frekerick P.Ohl, a Princeton stu- dent. and at the same time attempted to kill Garrett Cochran, another student, was Sroeeeded with this morning. Prosecutor tockton opened the case for the State and several witnesses were examined. SRS Now Gets the News. COLUMBUS, Qsro, July 16.—The Col- umbus Express, the oldest German daily in Ohio, and one of the most prosperous apers in the State, began yesterday to ke the full leased wire service of The United Press, ———— The Cashier Is Missing. ST. LOUIS, Mo., July 16.—A special from Richmond, Mo., says that the Farm- ers’ Bank at Orrick is in tronuble. (Cashier Parish is missing with $20,000 of the nk’s funds. 4 SRR The Aviel Not Sumk. NORFOLK, Va., July 16.—The reported un'zkmg of the steamer Ariel in the James River last night with a large excursion aboard is untrue. The steamer arrived this morning on time without mishap. plSm G Zella Nicolaus’ Swit. JERSEY CITY, N. J., July 16.—Judge Li%pmcott has taken the papers in the suit of Zella Nicolaus to recover $40,000 from eorge J. Gould and reserved his decision. P DUPED BY A DOCTOR, Major Russell, Retired, an Easy Mark for Schemers. HE GAVE UP SOME GOLD. Incidentally the Veteran Was Seeking a Wife in the Metropolis. WANTED A WOMAN VERY BADLY While Assisting, His Friend, Dr. de Krafft, Borrowed Large Sums of Money. NEW YORK, N. Y., July 16.—The nn- successful attempt made yesterday by a Sheriff’s deputy to satisfy a judgment brough out the story of the transaction in which it is alleged Major Gerald Russell, United Statesarmy, retired, from Colorado, was the loser of a large sum of money. This judgment was entered on Saturday in the City Court in favor of Major Russell against Dr.William R. de Krafft, secretary and treasurer of the Electro-Therapeutic Institute in this city for $1658 58.. The plaintiff’s attorneys were Baggott & Ryall. According to the papers in the case Major Russell came to New York last fall and made the acquaintance of De Krafft, The major and the doctor became fast friends, and the former told the latter of his desire to marry. Mrs. Hughes, a doc- tress employed &s an assistant in the insti- tution,was introduced. The major thought her a very nice lady, but he hurried home to Denver without inaking any matrimo- nial contracts. Shortly after his return home he re- ceived a letter signed ‘*Miss C., Johnson- ville, near Newburgh.” The writer sent a glowing description of herself, and stated that she was anxious to meet Major Russell. The major confidingly wrote to De Krafft about the matter. In reply De Krafft wrote, so it is alleged : “The affair of Miss C is a complete fake; no such lady lives at Johnsonville, near Newburgh; I am satisfied that you were made fun of, but T am still investigating. I want you to make $160. It isa loan to a merchant. He wants $1600 on three months and pays 10 per cent. I have all my money invested and cannot loan just now. I herewith send you my note on three months for $1600. You can send me your check for $1440. At the end of three months send in my note for collection and you will have $1600 instead of $1440.” The doctor concluded that ‘‘Doctress Hughes sends regards and thanks for the photograph.” The major hastily forwarded his check for $1440 to De Krafft and incidentally inquired " about Miss C of Johnsonville. Finally the note for $1600 came due and then the correspondence was renewed. In a letter explaining why he could not take up the note just then De Krafft addea: “I thought Dr. Hughes and myself would practice together and you would marry her. Altogether she has nothing. She would be able toearn with me $1000 or $1500 a year which would be quite good with your own income; but I havechanged my mind completely. I know you could not lead a happy life with her. She would make you from time to time miserable. Besides all this, I know that she would not give one cent of her earnings to the com- mon fund and would want more from you besides what she would earn herself. She would not be a help to you either, a hind- rance to happiness. I speak plain to you because you and I are true friends and you can always rely on me. I want you to be happy the balance of your life, not mis- erable. “I have looked into the other girl up the country, and I know you don't want her either, because she is a servant girl, a long time in one family. The letters you re- ceived were written by the lady of the house, who had made up her mind to have her married off. Ihave had a great ex- perience to find all this out as wellasa few days’ stay in the country, and I know the whole business, but it was to find out this for your sake and because I wanted your welfare in every particular. “There are good women here, virtuous and true, and although most of them have not any money they are good women any way. Youshall find one here your equal in learning and standing. Of course they may not have money, but that is nothing.” The doctor renewed a proposition to sell the major an eighth interest in the insti- tute for $10.000. He inclosed a check for $160 to pay interest on the note, and also sent another note in renewal. The check was returned to Major Russell eloquently indorsed, *Payment stopped ; no account.’ Later in a letter of explanation to the Major. De Krafft wrote: shall make good anything you have paid in protest some time this week.” He encouragingly added: “I have got a party in view which will suit. She isone of my patients and about 40 years old; good looking, and has about $2000 income per year. I shall have more news about her when I get better ac- quainted with her. Ialso treated a lady now here from Denver. A very nice woman. Idon’t know about her income at all. She is about 30 years old. She was sent to me by old patients.” After this Major Russell’s inquiries elicited no reply, and when the renewed note came due it went to protest, and Ma- jor Russell, through the law firm of Bag- got & Ryall in this city, brought suit in the city court, the result being as above stated. On Saturday, May 19, 1894, De Krafft was arrested on a charge preferred by John A. Anger of the Anger Baking Company, who alleged that the doctor had swindled him out of $10,000. Anger claimed that while he was a patient at the institute the doctor induced him to invest $10,000 cash in a scheme to promote an invention for the preservation of milk. De Krafft was helé in Jefferson Market prison until June 8, when he wasdischarged. Heafter- ward brought suit against Anger for $50,000 damages. Frank King, a tailor of 27 East Broad- way, is also acquainted with the major’s friend, De Kraffi. King caused the doc- tor’s arrest shortly after the Anger trans- action, alleging that he had paid De Krafft $800 on the statement that the man of elec- tro-therapeutics would secure for King a saloon-keeper’s license. In this case De Krafft was for a time confined in the Lud- low-street Jail = Qiring the Thief @ Chance. OMAHA, Nrpe., July 16.—A package containing $6000 was sent by express from the East a few days ago, addressed to a » bank here. It was not received by the bank, but was stolen. Detectives have been placed on the track of the money, and they claim that they know who took it, but are waiting for him to return it, and if he returns it they will make no ar-, rest. They say that it is the man’s fi offense, and that_he has the money yetin his possession and is undecided what to do with it. i g Bl FOUGHT IN A4 FIELD. Two Men Killed and Others Wounded in @ Feudal Battle. JACKSON, Miss., July 16.—A terrible tragedy is reported at Learned, thirty miles southwest of here, in which two men were shot to death and a half-dozen more wounded. A feud existed between the McRee and Terrel families, and last Sat- urday one of the Terrels was severely beaten by three McRees. They were ar- rested and a trial was held in the magis- trate’s court at Learned to-day. The bel- ligerents were not satisfied and adjourned to an open field to fight it out. Forty or fifty shots were fired. Two men, Forest and Lavell McRee, were killed instantly, while three others, two of the brothers McRee, were seriously wounded, and it is thought one will die by morning. The Sheriff was telegraphed to come prepared to enforce peace, as further trouble was ex- pected. POLICE WERE INTHE PLOT, Pursuit of Stambuloff’s As- sailant Prevented by an Inspector. Foreigners Have Taken Measures to Protect Their Lives and Property. SOFTA, BurGAria, July 16.—Late in the day M. Stambuloff recovered conscious- ness and a magistrate was at once sum- moned to his bedside to take his deposi- tion. The ex-Premier said that he recognized among his assailants two men named Holn |- and Tufektchiew, the latter of whom had been condemned in Turkey to eighteen years’ imprisonment in contumacia for murdering M. Valkovitch. Several witnesses, among them M. Krajew, a member of the Sobranje, de- clared that the police prevented M. Stam- buloff’s valet from pursuing his master’s assailants. They state that the inspector, | who arrived shortly after M. Stambuloff’ fell to the ground, struck the valet upon the neck with his swoxrd, inflicting a pain- ful wound. The foreign residents of Sofia have held several meetings for the purpose of consid- ering the situation and taking measures for their own protéction, in view of the lack of proper protection by the authori- ties. OAKLAND'S VICTORY. Continued from First Page. able waters upon the ground of purpresture merely. Itisa question of sovereign pleasure only and not a question of public justice.” It might be said that'inasmuch as the deed from Oakland to Carpentier is void the de- fendant could obtain no rights in or to any portion of the land in question. But where the occupation is of such a portion of the premtses as might originally be granted by the city (that s to sgy, would not interfere with navigation and commerce and requiring no Governmental control) and improvements aze erected thereon, and subjected to private con- 1rol, the doctrine of estoppel is inyoked. A party will in many cases be estopped by his declarations or conduect which have in- fluenced the conduet of another to his injury. But this doctrine is never extended to defeat public poiicy. Certainly the city of Oakland has done all in its power to lead the defendant and all others to believe that the lands in question were proprietary lands, The fact that the code authorizes a writ of posession in actions similar to the one at bar makes it proper to here add that nothing has been adduced upon the part of the plaintiff to show that the land below high tide, upon which wharves have been constructed, can be taken possession of under the decree to be rendered in this action. THE DEED TO CARPENTIER. In view of the foregoing conclusions of law it becomes unnecessary to pass upon the effeet of the deed from Marier to Carpentier. Itis sufficient to say that viewing it as contended for by defendant, it becomes but a “patent.” A legislative grant is fully as high a muniment of title as a patent. It was urged near the close of the testimony taken in this case that the plaintiff should be compelled to bring in as defendants all grantees of the defendant,and that without their presence this court could not decide this cause. Section 738 of the Code of Civil Procedure provides that an action may be brought by any person against another who claims an estate or interest in real property adverse to him, for the purpose of determining such.ad- verse elaim. This action differs in many respects from a bill quia timet. Formerly, where the defendant’s claim was void, it wasdeemed that the plaintiff was not entitled to relief at equity; but the section 738 just cited changes the former rule. The section s very broad in its scope and must be held to authorize an action against any one who claims an adverse interest or es- tate in the property in question, and such action does not abate by reason of the fact that others make like claims. It may be the city of Oakland is advised she 18 estopped from claiming title to those pieces sold by the defendant to third persons for pur- poses of trade and commerce, and, therefore, does not desire to affect their claims. Jf so I see no reason why she should be forced to make them parties defendant. The decree in this section should recite that nothing con- tained therein should affect the title or right of possession of third parties. Plaintiff has not fixed orainary high-tide lice or the encroachments made upon the former line of ordiuary high tide or the accre- tions to the land made by the wash of the ses. This being so the present line of ordinary high tide will govern as the bourndary of the land to be nffected by this deeree. 1f either party to this action be advised that other testimony — in accordance with this opinion—should be received in support of the claim to the land covered by the wharves now in possession of defendant, they may within five days trhex .:he filing of this opinion move the court for the privilege of ng such additional mumm;’ . uri‘d lho»e:t!re; gf {ha de- cree will be stayed for that period. Let a decree be entered in accordance with this opinion, the line of ordinary high tide as it now exists being the boundary on the north and east, and the southern and western ‘boun of the city being the boundary on the south and west. F. B. UeDEN, Judge. July 16, 1895. Apollinaris #THE QUEEN OF TABLE WATERS." Supplied under Royal Warrants te Her Majesty the Queen of England, and to His Royal Highness the Princt of Wales. & . 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