The San Francisco Call. Newspaper, August 3, 1895, Page 14

14 THE SAN FRANCISCO CALL, SATURDAY, AUGUST 3, 1895. PAWNED A RING LIKE BLANCHE LAMONT'S, Charles Lenahan Sum- moned as a Witness for Durrant. HE UNFOLDS HIS STORY. Counsel for the Defense Hope to Shake Oppenheim’s Testimony. LOCATING OTHER WITNESSES. Detective Teague of Oaklanad Claims to Have Discovered Important Ones. THE DURRANT C IMPORT SE IN A MINUTE—MCRE WIT) s, Another witness has stepped forward for Williem Henry Theodore Durrant—an impor- tant one at that. His name is Charles T. Lena- han, of 407 Fell street, and he states flatly that himself and not Theodore Durrant is the per- son who offered to pawn a chip diamoad ring to Pawnbroker Oppenheim. He has been sub- | penaed 1o testify at the trial by counsel for the defense, to whom he has stated what he knows the house and secured the ring. Young Lenahan regrets that he allowed it out of his possession, but has upon it a curious mark by which it can be identified. That is the story of the new witness, and by 1t the defense hopes to shake the testi- mony of Pawnbroker Oppenheim, who is uncertain as_to the date upon which the man he claims was Durrant offered to pawn a ring to him, and who is somewhat nenrsigmef as well. ! But while the defense has secured this witness it is not so certain that the prose- cution has not made a more stupendous find. For two weeks Detective Teague has | been engaged in looking up young women | suspected of having had trying experi- ences with the accused murderer of Blanche Lamont and Minnie Williams in Emman- uel Baptist Church. Asa result of his search for all these days he has made discoveries which he claims are important. “T don’t know anything about this mys- terious woman the San Francisco police claim to be locking for,” said Detective Teague yesterday alternton, “‘but I do know there are three others who have been in the church with Durrantand had to make hasty exits on account of his con- duct. If they will testify to what I have heard they have said a very strong case will be madeout. I have located these girls, too."” When asked for their names, he said: “Of course, I cannot give you their names; that would be in open violation of all the canons of our profession. I am working with Captain Lees in the matter and my information belongs to him. It would be tipping his band to the other side for me to give youany names. Suffice to say I have located three young women who claim to have been taken into the CHARLES T, concerning that particular transaction. In an | interview in THE CALL this morning he tells | the story which he will repeat on the witness- | stand. Itwill be called forth in an effort to shake the testimony of Pawnbroker Oppen- heim given in the preliminary hearing. If this is an important discovery for Durrant, another, more important even, is claimed to have been made for the prosecution by De- tective Tesgue of Oskland. He claims to have located three young women who made thrilling escapes from Durrant in Emmanuel Baptist Church. Collaterally to the main case interest in the matter of the contempt of Manager Dailey and his players is increased from the fact that the atiorneys for the players have filed a petition with the Superior Court for a writ of certiorarl and &n order prohibiting Judge Murphy from interfering with the production of “The Crime of the Century.” Charles T. Lenahan is the newest witness for Durrant. At the trial he will testify for the defense to the effect that he, and not Durrant, offered a chip diamond ring, resembling one of Blanche Lamont’s, to Pawnbroker Oppenheim. He has been served with a subpena by the defense, and will appear in court on the 15th inst. The new witness is a son of ex-State Senator Lenahan, and resides with his parents at 407 Fell street. ‘In physique he answers the description of Durrant very well, being of medium height and dark complexion. Facially there is no resem- blance. Ordinarily, too, he wears a Fe- dora slouch hat and an overcoat of blue cloth. His story is supposed to be of the utmost importance to the young medical student now on trial for his life. “I am convinced,” he said last night, “that | am the man whom Oppenheim mistook for Durrant. I offered to pawn to him a diamond ring precisely like that owned by Miss Lamont. He did not want it, and I pawned it at another place. It happened this way; I was running with Harry Mahoney, who is two or three years younger than I, and we wanted to g0 to the races. Harry had a ring which he wanted to pawn to get the necessary money, but he was afraid that the pawn- broker would not accept the ring from him because of his youthful appearance. So I pawned it for him. “I offered it to Oppenheim. He was standing on the sidewalk and walked back into the store with me. Iknow the place. It is on Dupont street, between Pine and Bush, I think—anyway it is right next to a shooting-gallery. No, I have not been back to see the place. Iknow what I am talking about. “Upyenhexm did not want the ring and 1 finally pawned it at the North End Loan Office, on Washington street, between Montgomery and Sansome. I got $2 forit. “It was on a Saturday, and I think it was in the afternoon. How do I locate the date? I know that isthe date—and besides the pawnbroker’s books will show it. “‘We did not go to the races that day after all. We went on Monday.” An attempt was made to see Harry Mahoney, who lives with his father, Con- tractor Jeremiah Mahoney, at 540 Page street. A glimpse of the lad was permitted, but his father insisted on discussing the matte: “Thisis purely a family matter,” he said, “and can be of no_ interest to the public. All there is to it is this: The boy had a ring belonging to his sister and he pawned it. It was a chip diamond. The poy has no connection with the Durrant case, and we want no notoriety in this matter.” The ring in question compares, young Lenahan says, closely with the pictures of that owned by Miss Lamont. The dia- mond chip is deeply placed in the gold set- ting and engraved ‘‘rays” surround the aperture. Young Lenahan first realized the im- portance of his story after Oppenheim had testified at the preliminary examination. At that time the young man wrote a letter over his initials, which was published by the Examiner. The letter showed the pos- #ibility that Oppenheim was mistaken, and stated that the writer had offered to pawn a ring like the one identified about the time mentioned. Mr. Deuprey noticed the letter, and, after considerable” hard work, the detectives found its writer. Meanwhile, Lenahan says, he had told his story to the police, but they made no ‘use of it. When, however, they learned +hat the young man had been summoned v the defense Detective Seymour visited Lo LENAHAN. church by Durrant and compelled to leave the edifice on account of his improper con- duct. More I cannot tell you.” Counsel for the defense state that no letter from Witness Clark has been re- ceived by them. They give no credence to the various reports published about him, and express the opinion that such at- tempted tearing to pieces of witnesses tends to defeat the en(Fs of justice, in that no one expecting such treatment would willingly become a witness in the case. Another sensational tale was exploded yesterday. It was to the effect that some woman had been a guest at the Durrant home on the night of the murder of Min- nie Williams and that she would testify that Durrant, after returning home, burned some clothing. Mrs. Durrant stated yes- terday afternoon that upon the night of the murder only the usual members of the Durrant household were beneath her roof. Mr. Durrant also informed Eugene Deu- prey that for two years he had not had a guest who passed a night in his house. —_———— THE DAILEY CONTEMPT. Alcazar Players Ask for a Writ of Certiorari. Manager Dailey of the Alcazar has ap- plied to the Supreme Court for relief from the order of Judge Murphy of the Supertor Court with reference to the production of “The Crime of the Century.” Through his attorneys, Carroll Cook and T. V. Eddy, he filed a petition yesterday asking for a writ of certiorari and a writ of prohibition, which proceeding, for the time being, at least, will stay the hearing of the con- tempt case before Judge Murphy. Manager Dailey, Playwright White, the Alcazar players and their attorneys will not fail, however, to be present in Depart- ment 3 of the Superior Court this morn- ing. The cases against them will be called at 10 o’clock, and, as no order has issued from the Supreme Court on their petition, a failure to appear might result unpleas- antly. The contempt proceedings, how- ever, will probably not go on to-day. Car- roll Cook stated last night that he would inform Judge Murphy of the filing of the petition in the Supreme Court, and ask for a continuance until such a time as that matter might be determined. The con- tinuance will, undoubtedly, be granted on this representation. From the petition filed it appears: That R. C. White is the owner of a play en- titled “The Crime of a Century,” and that W. R. Dailey has the right, given to him by White, to produce that play, and that the other peti- tioners are employes of Dailey; that the play is copyrighted and the property therein pro- tected by the laws of the United States, and that the same is property and <he right to play it is property. That without any process of law whereby either of said petitioners was brought within the jurisdiction of the court whose acts are complained of, and without their ever having been allowed their day in court, in their ab- sence and upos ex-parte motion, in a cause in which they Were neither parties, witnesses, officers of the court nor in any way connected with or interested in the proceedings, the Judge of the Superior Court made the order set forth in the petition, which order interfered with and deprived petitioners of their said property without due proccss of law, in viola- tion of the provisions of the constitution of the State of California, and of the use and enjoy- ment of the same. That the said order was an attempt upon the part of said Superior Court and the Judge thereof to interfere with the rights of peti- tioners guaranteed to them by article I, se tion 9, of the constitution of the State of Cali- fornia, which provides that “evcri citizen may freely speak, write and publish his senti- ments on all subjects, being responsible for the abuse of thatright; and no law shall be passed to restrain or abridge the liberty of speech or of the press.” With the petition and in support of it counsel for Mr. Dailcy submitted a memo- randum of points made and authorities upon which they base their claim to the writs asked. It concludes: Petitioners would suggest that, even though the court might have power in &’ given case (o make an order in advance restricting the right of free speech and interfering with the rights of property without making the owner of such property & party in a legal proceeding, the aflidavit set forth in the petition herein and upon which the order complained of was based does not show a case which would justify the making of any such order or ‘give o the court jurisdiction io make the same. 1t nowhere appears by said aflidavit that the court is ridiculed or interfered with, or that any officer of the court, witness or juror is, has been or could be interfered with. Nor does it appear that there is anything in the play or drama complained of that coul in apv way | influence or affect the public opinion or the opinion of any juror, or that any juror would or could be influenced thereby. Neither does it appear that there is anything in said pla derogatory to the said court or to the proceed- ings therein, the witnesses in said cause or the parties to said action; that any of the wit- nesses or parties in said action are even men- tioned in said play, or that the scene thereof is laid in the place where said alleged crime oceurred or at the place where the same oc- curred, or that the crime for which the pris- oner is upon trial is in any place or part of said play mentioned or alluded to. 1t is expected that the Supreme Court will take action upon the petition at an early date. MRS, BECKER'S COMPENSATION. She Wants to Be Paid for Taking Care of Mrs. Seeley. Mrs. A. C. Seeley, who hanged herself in a room of the Manchester House, 1006 Mis- sion street, left considerable money behind | her and not a relative to claim it. She had cash in the German Savings Bank and also in the Hibernia Savin.s and Loan Society. When the Public Administrator searched her room §$198 was found secreted in the sewing machine and bureau. ‘When Mrs. Becker, the landlady of the house, learned that the deceased’s estate was solvent she at once put in a claim for $30 for board and lodgings and $70 for ex- tras. The latter included the attention and services rendered Mrs. Seeley while she was sick. Public Administrator Freese thinks Mrs. Becker is entitled to the monefr, and, if no heirs are forthcoming, he will pay her demand. 10 STOP POOL-SELLING Chief Crowley Gives an Em- phatic Order to the New Captains. Police Measures to Stamp Out a Flagrant and Brazen Form of Gambling. Following the advice given by THE CALL and acting upon the recent exposures of the illegal pool-selling in this city, the Police Department has now inaugurated what it is to be hoped will result in a most vigorous and effective warfare upon a most flagrant and brazen gambling evil. Chief Crowley received the following communication from the City and County Attorney yesterday. For the time being, at least, it settles the question whether the pool-selling ordinance shall be amended, and upholds the position originally taken by TaE CAL—that the ordinance in ques- tion is plain spoken and comprehensive enough to prohibitall pool-selling on horse racing except at the racetiack. Mr. Cres- well says: SAN FRANCISCO, August 2, 1895. hief of Police, San Francisco— have finished a consultation with Hon. J. T. Dare on the subject-matter of your communicatfon of July 18, 1895. We have carefully examined order No. 2361 of the Board of Supervisors, prohibiting pool-selling, etc.,on a hyrserace outside of the inclosure of & racetrack in the City and County of San Francisco, approved March 23, 1891. Mr. Dare is of the opinion that the said order could not be made more complete; that it prohibits every species of gambling on & horserace in this City outside of the in- closure ot & racetrack, My examination of the ordinance convinces me that he is correct. Yours truly, HARRY T. CRESWELL, City and County Attorney. Upon the receipt of this communication Chief Crowley issued the following orders to the three police captains in whose bailiwicks the pool-selling rooms are run- ning wide open: To Captains Wittman, Spillane and Dunlevy: Your attention is calied to order 2361 of the Board of Supervisors prohibiting pool-selling, et2., on a horserace outside the inclosure of a racetrack in the City and County of San Fran- cisco and the manner in which it is being violated. The parties conducting the dpoolroomu cleim that they are only agents and that any money_received by them issent to the track, there o be placed on certain horses, and hence lhcfi are not violators of the order. I have the written opinion of the Attorney and Counselor for this City and County (copy inclosed) that said order could not be made more complete; that it prohibits every species of gambling on a horserace in this City and County outside of the inclosure of a racetrack. The Chief of Police directs that you take such measures as will put a stop to this form of gambling and report in writing to this office the action taken on this order. H. 8. HEALEY, Clerk. “THE CALL suggests this morning that the reo:{;nnized Police Department now take bold of thercol»sellinx nuisance and suppress it,” said Chief Crowley vesterday. “I'think that was a in accordance with it issued to the captains. “I believe that if the cases are prose- cuted vigorously we shall be able to stop this illegal gambling. We are going at it in dead earnest. There has been an un- certainty about the law heretofore. The pool-sellers claimed it was inadequate to stop their business, and a number of cases were dismissed. Now we will go in again and stop the nuisance altogether.” TIRED OF LIVING. . Katie Morrison Took a Dose of Mor- phine in a Bush-Street House. A young woman named Katie Morrison was taken to the Receiving Hospital yes- terday morning from a house at 520 Bush street, suffering from the effects of a dose of morphine, which she undoubtedly took with the intention of committing suicide. During the evening she had stated to other inmates of the house that she in- tended to die, but they did not pay much attention, as she had said the same thing before. Even when she swallowed the con- tents of a small box the act was looked upon as a joke..In a very short time, though, she became drowsy, and then un- conscious, and it was then that the Re- ceiving Hospital was notified, and she was taken out. Her condition upon arrival was critical and for two hours the physicians worked hard to maintain an artificial respiration. She did not recover consciousness, and all day laid in a comatose condition. In ad- dition to the effects of the morphine, the physicians say that she had ngi h fever, probably produced by excessive srinking and late hours. The girl arrived from an interior town some two months ago, but the people with whom she lived, nor any one in the City as far as known, can tell anything of her an- tecedents. She is only 20 years old. At 6 o'clock last night the woman breathed her last, not having once recov- ered consciousness. Her body was taken to the Morgue. Lo TO RECOVER STOCKS. The Executors of Heydenfeldt Estate i Suing Mrs. Heydenfeldt- Suit to recover 4674 shares of Zeile min- ing stock from Mrs. Elizabeth O. Heyden- feldt has been begun by Charles Ashton and Julius Jacobs, as executors of the Solo- mon Heydenfeldt will. The stock is val- ued at $20,000, and in addition to that the plaintiffs sue for $10,000 damages. The executors of the Heydenfeldt estate filed their annual report vesterday. They declare that it is necessary to sell the real estate on Post street to pay a mortsflge, but thedpropeny is leased to John J. O'Far- rell, and a suit in ejectment is pending. e Steamers for ‘A Night in Venice.” To afford the public an opportunity to view “A Night in Venice” at Belvedere Saturday ni}ght August 3, the San Fran- ciscoand North Pacific Railway Company will run their three large steamers, leaving Tiburon Ferry, foot u? Market street, at 8:00, 8:15 and 8:30 p. M.; on the return they will leave Tiburon at the close of the spec- tacle, about L0 R 2, ood suggestion, and have had this order STRIKERS SUE THE SOUTHERN PACIFL Have Become Weary of Being Objects of Persecution. TAKE THE OFFENSIVE. Knox, Mullin and Compton Want $1,500,000 as Pun- itive Damages. SERIOUS QUESTIONS RAISED. Charges Made of a Conspiracy to Ruin the Reputations of Complainants. Proceedings were begun yesterday in the Superior Court of this county which, if successful, will mean eventual mulcting of the Southern Pacitic Company of the sum of $1,500,000. Late yesterday afternoon Attorney George W. Monteith, as the legal repre- sentative of Harry A. Knox, filed a com- plaint on behalf of Knox, charging the Southern Pacific Company and others with ?lnintifl was ahout to run away and desert his bondsmen, and cause his bail to be forfeited, and threatened, coaxed and intimidated plain- tiff’s bondsmen to such an extent thatupon the 201h day of November, 1894, they surren- dered plaintiff to the Sheriff of Yolo County. In furtherance of the said object and design of said conspirators, the said defendants did persecute plaintiff and treat him with great inhumanity; tried to prevent plaintiff from obtaining bohdsmen; denied plaintifi’s wife the opportunity of seeing plaintiff while thus in custody and imprisoned: would not aliow persons willing to aet as bondsmen to see plaintiff; that thereafter, and with much diffi- culty, owing to the malice and persecution of said conspirators, plaintiff again procured bail in the sum of $10,000, apd was once more Te- leased from prison on the 2d day of December, 1894; tnat upon Monday, the 4th day of Feb- ruary, 1895, the said Superior Court of said Yolo County dismissed said charge of murder against plaintiff. ¥or the purpose of showing the vindictive- ness, hatred and malice with which defendants acted, plaintiff further show: Upon his information and belief he states that defendants caused rumors, false state- ments, slanders and libelous publications to be made and circulated throughout the State of California and :many other States and Terri- tories of the United States of and concerning plaintiff, charging him with the said heinous crime of the murder of the said Clarke; with organizing and exciting rebellion against the United States and against the State of Califor- nia; with destroying and causing and attempt- ing’ to destroy property, and many other heinous crimes; with conspiring to Testrain and retard the transmission of the United States mails; with conspiring to restrain the transmission of interstate commerce; with in- timidating the militia of the State of Califor- nia; with intimidating Generals Sheehan and Dickinson, commanding the same. All of which was false and for the purpose of ereating astrong public sentiment and prejudice against pluintiff, and to render his prosecution and con- viction, as aforesaid, more certain, in order that plaintiff might be convicted and hanged until dead. Upon his information and belief plaintiff false and malicious imprisonment, and praying for exemplary damages in the sum of $500,000. Similar suits in like amount will also be brought within a few days by James Mul- lin and Thomas Compton respectively. The complaints in the two latter cases have already been prepared, and have been forwarded to Sacramento for the sig- natures of the complainants. They will be filed as soon as they are returned to At- torney Monteith. Among the defendants named, in addi- tion to the Southern Pacific Company, are William Herrin, chief of the law depart- ment of the Southern Pacific Company: Jerome A. Fillmore, superintendent; Barry Baldwin, United States Marshal; Samuel Knight, Assistant United States District Attorney: Judge W. Armstrong; Colonel William M. Graham, U. 8. A.; and a num- ber of detectives and city and county ofticials of Yolo County. These suits are an outgrowth of the great railroad strike of a year ago, and the direct result of the train wreck near Sacramento, in which Engineer Samuel Clarke was killed. In the complaint filed it is related : That during the month of July, 1894, plain- tiff and Thomas Compton and James Muilin were the members of what was known as the mediation committee of the American Rail- way Union Local Union 285 and until about the 15th day of July, 1894, were in_the city of Sacramento, having charge of the interests of the American Railway Union at that place during the strike of such of the members of said American Railway Union as had up to the 29th day of June, 1894, been employed by said defendant corporation. That as plaintiff is informed and believes the defendants on or about the 11th day of July, 1894, entered into an unlawful combination George W. Monteith. and conspiracy, and unlawfully conspired and confederated iogether with the common olject and design to injure plaintiff and destroy his reputation, his liberty and his life. ikewise plaintiff upon information and be- lief states that to thus injure and destroy plaintiff, the defendants, "the conspirators aforesaid, in furtherance of the common ‘ob- ject and design of said unlawful combination and conspiracy aforesaid, and to effect the same by injuring and destroying plaintiff as aforesaid, did cause & complaint to be laid be- fore sald defendant Fisher, a Justice of the Peace at Woodland, Cal., on or about the 12th day of July, 1894, charging defendant, with others, with the murder of one, Samuel Clarke, near the town of Broderick or Washington, in sald Yolo County, on the 11th du{)o( July, 1894, at which time a train_of cars belon, to defendant corporation had been wrecked, and partially if not wholly destroyed, and the said Clarkoiwho was the engineer of said train, had been killed, also caused plaintiff to be arrested on a warrant based on said complaint, and to be imprisoned for twenty-one days thereon without bail; also at the expiration of said twenty-one days’ imprisonment, to give bail in the sum of $10,000; also to be examined upon said charge before said defendant Fisher, ulllms as & committing magistrate, and by said defendant Fisher corruptly and unlaw- fully, without any evidence whatever showing any connection o{ plaintiff with the murder or Killing of said Ciarke, with which plaintiff was falsely charged as aforesaid, held to answer upon said charge before the Superior Court of said Yolo County, solely in furtherance of the said design and object of said conspirators, the defendants herein, in securing the destruction of the reputation, the liberty and the life of the plaintift as aforesaid. That thereafter defendant Head, acting in the capacity of District Attorney of said Yolo County, filed in the Superior Court of said Yolo County an intormation chnrflns plaintiff with the murder of said Samuel Clarke. That plaintiff states upon his information and pelief that the filing of said information by said defendant Head was wholly unlawful and without any evidence at all. That said prosecution and said charge of murder against plaintiff in said Superior Court of Yolo County was not dismissed or termi- nated until a successor in office tosaid de- fendant Head had assumed the duties of said office of District Attorney of said Yolo County. Defendants maliciously endeavored to have plaintiff further imprisoned upon said false charge of murder by causing him to be surren- dered by his bondsmen, and to that end circu- ted {alsg siories and rumors 1o the. further states that defendants procured him to be indicted by the United States Grand Jury of the United States court for the Northern District of California, upon false and frivolous charges of conspiracy. Still further, upon his information and be- lief plaintiff states that defendants procured and caused false testimony to be given against him before the United States Grand Jury afore- said,and prevented testimony from being pre- sented before said Grand Jury in his favor. Still further, aud upon his information and belief plaintiff states that the defendant corpo- ration and defencdants Fillmore and Wright causedshim to be blacklisted so he would not be able to work upon any raiiroad in the United States, and in divers other and many ways have ~ harassed, annoyed, persecuted and hounded plaintiff. That by reason of the actual hatred, malice and vindictiveness with which defenaants have pursued, persecuted and prosecuted plaintiff as aforesaid. plaintiff is entitled to recover damages in such an amount as will be exemplary and will adequately punish de- fendants. Tnat by reason of the combination and con- spiracy aforesaid, and the heteinbefore-men- tioned acts of the defendants, plaintiff’s arrest and prosecution was published throughout the United States and in many newspapers; that it came to be known to thousands of citizens of this State and of the United States to plaintifi unknown, and caused plaintiff to be looked upon as a wanton and vicious murderer, caused severe condemnation and criticism of Iaintiff and many thousands of persons to be- ieve {»mmm uilty of the crime of murdering said Clarke aforesaid, and as such to be exe- crated, despised and hated, and in many ways and in otherwise to be injured in his good name and reputation. That by reason of the premises been damaged in the sum of £500, Wherefore, plaintiff prays judgment against de{endant for $500,000. besides his costs of suit. Harrv A. Knox, the plaintiff in the suit, had this to say in reference to it: I have grown tired of this everlasting perse- cution to which I have been subjected, and now_ propose to see if there isany redress for & man who is persecuted as I have been. Not only am I blacklisted and prevented from earning a living in the class of work I have spent my life at, but I am charged with com- mitting all sorts of crimes. In regard to that Woodland affair I intend to have the matter sifted to the bottom and blame placed where it belongs. Idon’t think that Worden 1s guilty, for Isaw him in Sacra- mento on the day of the wreck at & time when it would have been impossible for him to have been at the wreck or with Johnny Sherburne. I have always been only too anxious to have that affair investigated, and by the action I now take I propose to put the company where they will have to go on the stand and tell what {hey were afraid to tell when Mayne and Cas- sidy were tried. I'would have started this matter sooner, but I was too hard pressed for money to do it, but now [ have made arrangements that will en- al me to make & fight 10 & finish. There are thousands of people all over the country who actually think that the A R. U. caused the wreck of that train. We offered in the Mayne and Cassidy case to prove thatit was donie in the interest of the company by that miserable Charles O’Brien. We offered to 1ot only produce his written confession but to prove his verbal confession to five or six cred- ible witnesses, and to produce evidence enough to hang him, but could not get it in. Now we will be able to preve it. Attorney Monteith also had somethin, of interest to say on the subject, as fol- lows: These actions are brought with the entire approval of Mr. Debs and the general union, Mfilde from the individual desires of the plain- tiffs. We seek not alone compensatory damages, but punitive or exemplary damages as well. The law holds that where one uses the crimi- nal processes to subserve private ends he does 1t at his peril. Where the charge is cause- less and due to the actual malice of the com- lainant the law awards such damages as will sufficient to adequately punish the offender; for instance, $100 damages would be punish- ment to & poor man, where half a million would not hurt a great corporation like the Southern Pacific. Mr. Knox has been branded as a felon and a murderer from one end of the country to the other and in & case which exhibits the very re- finement of torture. The railroad company should not only be made to suffer but to smart and to feel the lash in its one tender spot—its pocket-book. This case presents an opportunity to show that no man’s liberty, life or reputation may be ruthlessly assailed without the assailant being made to pay dearly for the attempt. NO NEW OFFICERS. The Health and Police Committee Will Not Recommend an Increase. The Health and Police Committee of the Board of Supervisors has decided not to authorize an increase of the police force, as it would make the tax levy too high. The meeting at which the decision was reached was held yesterday morning. Supervisor Dimond favored the recom- mendation of an appropriation, while the rest of the committee opposed it. It was then decided to recommend appropriations sufficient to pay the salaries of five lieuten- ants'each $140 a month, forty-five sergeants each §$125a month and twelve detectives each $125 a month. This covers all the increase made by the recent reorganization of the force. ———— Free This Week. EIGHT BIG PRESENTS—ONE GIVEN WITH Each Pound of Our EXTRA VALUE 60-CENT TEAS. GREAT AMERICAN IMPORTING TEA CO.’S, 52-58 Market street, S. F., Headquarters. BRANCH STORES EVERYWHEKE. . Boats to Belvedere. The three ferry steamers of the Donahue &;aintlfi has and Tiburon to accommodate the crowds of City people who wish to witness the spectacle of a “Night in Venice” at Belvedere. Only & limited number of persons will be allowed on the boats at one time as a_precaution for the safety of passengers, but if the demand war- rants it double runs will be made each way. The boats will leave here at 8, 8:15 and 8:30 P. M. The Southern Pacific Company will run & ferry-boat from Oakland to Belyedere. HEALTH APPOINTMENTS. A Contest Brewing Over the Board’s Power to Remove Except for Cause. There is a movement on foot to test the legality of the recent removals by the Board of Health of the employes of the Health Department, and even to question the Governor’s power to remove the mem- bers of the board, as, it is claimed, the law makes their term of office five years. The law declares that all appointees of the board may be removed for just cause, and it is claimed that politics isnot a “just cause,” nor any element of a just cause. The Health Officer is the only subordinate who holds office at the pleasure of the board, but should the present board prove to ve illegally in office, the removal of all ;Fmimees except Dr. Keeney, the last ‘Health Officer, will be held nvalid. The Board of Health has controlled in ell 141 positions, most of them by direct appointment, and all of them through ap- pointees. It has not the power, it is claimed, to remove any of these sub- ;)rdinnl.es unless there be some good reason or it. THE FINANCE COMMITTEE, A New Home for the Inebri- ates to Be Erected on Tenth Avenue. Folsom-Street Improvement De- ferred—Tax Levy and the City’s Creditors. The Finance Committee of the Board of Supervisors met last night for the purpose of fixing the tax levy for the next fiscal year. The first matter considered was the act passed by the last Legislature creating a home for inebriates. This bill was intro- duced by Dr. Gavigan, and it was specially stipulated that the home must be com- pleted by August 1, 1896. Mr. Benjamin favored an appropriation of $100,000, while Supervisor Hobbs thought $25,000 was quite enough to begin with. The Solid Hight member at length reluctantly withdrew his motion, though it was not until it was fully understood that the $25,000 suggested by Mr. Hobbs was to be used exclusively in putting up the building. An approp: ation ror%urmsbmg the home and paying salaries will not be included in the present tax levy. It was decided to build the home for inebriates on a lot owned by the City on Tenth avenue, near Point Lobos. The lot has a frontage on Tenth avenue of 150 feet, with a depth of 240 feet. This property | was given to the City thirty-five years ago and 1s now controlled by the Private Home for Inebriates. Attorney James K. Taylor appeared be- fore the committee as a representative of | the City’s creditors. He made aneloguent appeal, urging that the $210,000 due the contractors for supplies be included in the tax levy. Chairman Taylor said in effect that the matter was now before the S preme Court, and that the committee was not prepared to take any definite action untiYa gecision had been rendered. Mr. Hobbs agreed with the chairman and the matter went over until the Septem- ber meeting, when the final appropriations are to be made. During a discussion of the City’s debt to the contractors Super- visors Limond and King engaged in a lively tilt, in which they paid their re-| spects to each other in a very emphatic way. The committee decided not to make an appropriation for the improvement of Fol- som street, though their next move was to | set aside $10,000 for a new City map. The Finance Committee and other mem- bers of the board got into a heated argu- ment over the appropriation for Golden Gate Park, when the former adjourned and the board resolved itself into a com- mittee of the whole to discuss the appro- priations of the tax levy as far as made. Supervisor King argued in favor of in- | the appropriation made for the | creasin, City and County Hospital from $80,000 to $90,000. Mr. Taylor strongly opposed any increase, stating that it there was any in- stitution under the control of the City that needed an investigation it was the hospital. | He indorsed all that was said by the last | Grand Jury in its report. Mr. King’s mo- tion was lost. ; Mr. Benjamin moved that the appropria- tior for Golden Gate Park be increased from §256,000 to $300,000. Superyisors Tay- lor, King and Hobbs were opposed to the | increase, and expressed themselves in such a forcible manner that Mr. Benjamin’s motion found advocates only in Morgen- stern, Stone and Wagner. : The Finance Committee metin the after- noon and awarded contracts on the new schoolhouse to be erected on Haight street, between Masonic and Central avenues, The contracts awarded were as follow: Gray Bros., for excayating, $4885; Edward Hogan, for plumbing, §2300; Forderick | Cornice Works, for tin work, $1076; D. Zehinsky, for painting, §1375; Hansbrough Bros., for carpenter work, $15,305. BUY HOME-MADE GOODS. Request That California Pipe-Organ Makers Have a Chance With st Ignatius Church. Hearing that a new pipe-organ is about to be put into St. Ignatius Church, Secre- tary Meade of the Manufacturers’ Associa- tion has written to Rev. Edwin Allen, asking him to allow California manufac- turers to compete in the bidding, and if they can do as well to give them the pref- erence over Eastern bidders. Mr. Meade has also sent word to George M. Andrews of Oakland, Thomas W. Whalley of Berkeley and - John Berestrom and Conrad C. Hornung of this City, in- forming them of the opportunity that pos- sibly exists for the patronage of a home manufacturer. CHIEF CROWLEY ON OPIUM | The Head of the Police De- partment Says There Are But Few “ Fiends.” ONLY THE CHINESE SMOKE. “Hop Heads” on the Decrease and But Little or No *“ Dope”’ Sold lllegally. A number of complaints have recently reached THE CALL concerning the preva- lence of the opium-smoking vice in this City. It is often said that the opium- smokers and their dens of infamy enjoy immunity from police interference, aqd that the evil is on the increase in this City. Complaint is made that white men and women go to Chinatown to smoke and to buy “dope.” The police deny all this. Chief Crowley says it is not true. In an interview yvester- day the Chief said that the opium-smoking evil was at its minimum in this City. “But little ‘dope’ is sold or smoked here now,” said the Chief. “The old ‘dope fiends’ have taken to cocaine. That is the new vice. «Qf course, the opium evil is not en- tirely eradicated. I suppose it would be impossible to do that, but we have kept it within bounds. There are no dens, prop- erly so-called, in this City now. At least I do not think there are. To my knowl- edge there are no such places. 3 “In a few cases the fiends who still have the habit take the ‘dope’ to their rooms and smoke it. We can’t prevent them from doing that, you know. A man has as much right to smoke opium in his house as tobacco. However, I think thgre | are but few places in the City now in- fested by opitim-smokers. “So far as I know there are no joints in Chinatown where white people can go and smoke. I don’t think there are any such | places, for the reason, chiefly, that the white people do not smoke opium any | more—or at least only a very few of li_xem. Of course the Chinese smoke. It has been decided that we cannot hinder that. All we can do is to keep them from opening | places where whites might resort to smoke. | I think we have done this pretty thorough- |Iy. There are no cases of the violation of the onium law that I know of at present, ! nor has there been for a long time. The | fact is, as I have said, the opium evil is on | the decrease. | «“How many dope fiends are there in the | City? Of course, that would be guess work | to answer such a question. A thousand? A good many less I should think. No, I do not think there are anything like that number of fiends in the City. Outside of Chinatown there is very little of the drug used, and in that quarter the smoking is | confined to the Mongolian inhabitants. “As to the sale of opium? Well, the Chinatown squad is constantly on the " | lookout for that, and once in a while | arrests are made. Ido not think there is much opium sold in Chinatown. I couldn’t say there is none at 21l sold, but I believe we have kept that part of the evil down to the very lowest notch. “No, the opium evil isnot what it was in this City, and it is getting less and less all the time. There is but very little of it, if any, sold to whites in Chinatown, and only the Chinese themselves frequent the Chinatown joints. The penalty is heavy, you know. The vice is restricted.” FAILURE OF B. MISH. F. Toplitz the Chief Creditor and Local and New York Firms Interested. B. Mish, who was in the retail millinery business at 545 Market street, has failed. On Tuesday he called a meeting of his cfeditors and stated to them that he had not | been able to meet his payments, and of- fered to make a settlement at 30 cents on the dollar. Stange & Janik attached the stock and the creditors are in possession. Mr. Mish stated last evening that he | owes about §8500. Of this $3800 is for mer- chandise and the bulk of that amount is to | F. Toplitz, who is his_chief creditor. He owes money to several firms in this City and New York for merchandise. The re- | mainder of his liabilities are for money | borrowed for the carrying on of the busi- | ness. His motber, Mrs. Sarah Mish, who is in the millinery business at 133 Kearny street, is another creditor. He said no in- ventory of the stock had been taken and he could not even approximate the assets. B. Mish was a partuner in the firm of P. Mish & Co., wholesale millinery, which failed with heavy liabilities a few years ago. Their place of business was on Mar- Ket street, opposite Sansome. — I8 NOT PRACTIOABLE. Mayor Sutro Vetoes a Recently Drawn Basalt Pavement Order. Mayor Sutro has vetoed order 2392, re- cently drawn up by the Street Department and passed by the Supervisors. The order was oneincluding specifications for basalt block pavements. It provided that the blocks must be laid in concrete, and should be filled in with ravel and asphaltum, making a durable hough very expensive pavement. This element of expense was one thing which the Mayor disapproved of. There was also a clause providing that the specifications should not apply when the grade was more than 6 per cent. In nearly all blocks of less than a 6 per cent grade the property-owners wish a bituminous pavement any way. so the order was practicaily nullified. For those reasons it was vetoed. THAT 84 SHOE OF OURS. ¢} Bedlwey will kg Fua (-uight between this City | T RS T T T et Is the $6 shoe of retail stores. Perhaps you've worn it; or only seen it—admired jt—desired it—but the big price looked so forbidding! The factory price—our retail and whole- sale price is $4—for the FINEST hand- sewed CALFSKIN MAN'S SHOE. Bal- moral or Congress; all the toe-styles now in vogue. ROSENTHAL, FEDER & CO, 581-583 MARKET ST., NEAR SECOND. The Big Shoe Factory Retailing at Fac- tory Prices. Open till 8 P. M. Saturdays till 10. < Ly