The San Francisco Call. Newspaper, August 9, 1895, Page 14

14 i THE SAN FRANCISCO CALL, FRIDAY, AUGUST 9, 1895. e s —— DURRANT'S COUNSEL PRESENT AFFIDAVITS, They Ask That News- paper Men Be Cited for Contempt. NO ACTION TAKEN YET. Papers in the Matter Are Now in the Hands of Judge Murphy. TWO MORE JURORS SWORN. Nine Men In the Box Ready to Judge Between the People and the Accused. THE DURRANT CASE IN A MINUTE REVIEW OF THE PROCEEDING! Two additional jurors to try Durrant were secured and sworn yesterday. They are: Frank P. Hooper, the well-known lumber-man, re- giding at 2741 California street, and Louls tion. General Dickinson had just un- folded a_voluminous looking document, and, motioning to Durrant, called the lat- ter’s attention to something on one of the pages. Mr. Deuprey walked around to where the largest inkstand in the room rested and passed it over to his client. Durrant dipped his pen and signed his | name four times, after which he held up his right hand and swore to the contents of the affidavits. The sensation was all ready. “I now ask the clerk,’” said the court, “to place the names of jurors in the box, and as soon as that is done to draw there- from the names of four jurors.” “If the court pleases,” said General Dickinson, fondling the freshly signed affi- davits, “I ask that citations issue upon these affidavits of the defendant against the editor and city editor of the Examiner, and also of the Chronicle and against Mr. Barrett, a reporter for the Examiner.”’ General Dickinson passed the papers over to his Honor and resumed his seat. The | deed had been done; thecat was out of the bag—partly. A sudden hush fell in the | courtroom, so that one could almost hear | the jaws of the newspaper men drop. General Dickinson took advantage of the | opportunity to put in another gentle re- mark. “[ will state,” he said, ‘“‘if the court | pleases, I am preg:ring papers asking that similar citations issued against the ed-| itors of the other papers in the City.” “I will examine these papers carefully,” replied his Honor. “I only want to show that I mean to be ' strong opinion on the case. H. Tasset was excused for the same reason. B. C. Gray, who resides at 402 Jones street, was next taken in hand by the Dis- trict Attorney. He answered all the ques- tions of the prosecution satisfactorily, ex- pressing his reliance on circumstantial ev- idence and his willingness to join in a verdict of guilty in a case where the death penalty would result, provided the evi- dence was satisfactory. Mr. Gray had no acquaintance with the defendant or any one connected with his case, except General Dickinson, whom he had met in military circles, he having been an officer on Colonel Sullivan’s staff when the counsel for Durrant was brigadier-gen- eral. That acquaintanceship, however, he stated, would have no influence on his views of the evidence. On cross-examination by Mr. Deuprey, the venireman gave his opinions at length on circumstantial evidence, stating that he thought that good circumstantial evidence was better than the general run of direct evidence. He recognized, however, that sometimes the witnesses by whom the cir- cumstances were sought to be proved were likely to testify falsely and were very likely to be mistaken as to many matters con- | nected with the proof of identity. Asked as to how, if one of the essential circumstances had failed of proof, he would resolve that he stated that he would be always inclined to do so in favor of the defendant, especially if so instructed by | the court. “Now, Mr. Gray,” he was finally asked, “if you were charged with as serious a | crime as this young man is would you be willing to be tried by twelve jurors sworn to try the case in the same frame of mind that you are at present?”’ “I should sir. I would not ask anything better.” Mr. Gray was then passed. Frank P. Hooper, the lnmberman, whose FrRANK F At HOOPER? - El Gregoire, salesman in Dodge Bros.’ Tnokstore, residing at 816 Capp street. Thiy amwes nine of the necessary twelve jurors sworn.sm ollows: Thomas W. Seiberlich. Irwin J. Traman. Nathan Crocker. M. R. Dempster. ‘Walter 8. Brown. Charles P. Nathan, Horace Smyth. Frank P. Hooper. Louis Gregoire. Something ot a sensstion, none the less so because expected, was sprung by General Dickinsor during the morning. He offered afidavits from Durrant, and upon which he based a request for citations for the editor and city editor of the Examiner, John P. Barrett, reporter on the same paper, and the editor and city editor of the Chronirle. This request is ‘based upon published interviews with Jurors Brown and Nathan. Mr. Dickinson also announced that he would ask later for citations for the editors and city editors of the other newspapers. Judge Murphy has the affidavits in his possession, but will not state when he will take action on the matter. The hunt for jurors will be resumed this morning, when &ll defaulting jurors will be brought in on attachment. There was not even staniing room in De- partment 3 when Judge Murphy took his seat on the bench. Every seat was taken; the steps on the raised platform were thickly crowded, and the corridors sur- rounding the courtroom were fairly jammed with men and women painfully anxious to be in at the springing of the sensation which had been so confidently predicted. Five of the jurors were in the box when the bailiff rapped for order, and Juror Brown was not one of thiem. .He passed hurriedly in through the main door, how- ever, almost out of breath, about three minutes later, smiling a ood-morning to the other occupants. Mr. Seiberlich, who has always been so punctual heretofore, was somewhat tardier. but escaped the consequences by reason of the fact that counsel for the defense were late in ting in an appearance. They got there finally, -and Judge Murphy ordered the call of the roll of jurors ir: the box. This having been speedily done, all eyes centered on General Dickinson from whom it was confidently expected the initiative | in the sensational would come. eral Dickinson never moved volleys of inquiring glances falling barm- lessly against the soldierly figure. Hewas almost tantalizingly indifferent and cer- tainly disappointed every one of the wait- ing crowd. Even Judge Murphy looked at him questioningly, while District Attorney Barnes positively wheeled his chair and faced around to await developments. But the general failed to respond and everybody gave it up. *‘Oall the names of jurors returnable to- day,” said the court, and in a second Clerk Morris’ facile tongue was rolling changes on proper names calculated to astonish the owners themselves. There was a very lib- eral response. “Now,” said Judge Murphy, “I want to say to the citizens summoned here as Lurors that we are having considerable ifficulty in obtaining a jury in this case. The law does not permit me to excuse you simply because your business may suffer, or for any slight or trivial cause, and you are simply taking up your own time and the time of the court in offering these petty excuses. I will not take excuses on any such grounds. It is aduty every citizen owes_ to his cauntryto perform jury duty. Now, those who "have excases éo offer will please present them.” And forty-five men rose as one, each believing that he certainly had an excuse that would prevail with the court. Thirty- two of them were correct in this surmise, while a baker’s dozen were ordered back to their seats. ‘While this was being done the interest of the spectators had once more centered on General Dickinson and hope once again welled high in every breast. There was a plain movement at the table where sat counsel for the defense, which portended that something interesting wasin prepara- But Gen- a muscle, the ut- | A DEEPLY INTERESTED SPE(TATOR Lous GREGoiRg impartial in this matter,” said General | residence is at 2741 California street, was Dickinson, with just the slightest trace of | next examined. He was very easily passed irony indicated by his tone. Judge Murphy took an extra twist on the rubber 3 8 placed the bundle in front of him on his desk directly under his eye and instructed the clerk once again to call the names of enough veniremen to fill the box. They were sworn, the District Attorney made a short statement of the case and the hunt | for jurors was commenced. H. H. Lambert of 112 Oak street,a manu- facturer of soaps and perfumes, was exam- ined and stated that he would under no conditions join in a verdict of guilty on circumstantial evidence. He was chal- lenged by the prosccution and excused. A. Goodman, a shoedealer residing at 902 McAllister street, was excused for the same reason. Conrad Siebel satisfactorily answered all the questions of the prosecution and was passed to Mr. Deuprey. In the hands of the latter he admitted. that he was pos- sessed of an opinion, which it would re- quire strong cvidence to remove. He was challenged and excused. H. Proll, a butcher, residing at 1523 Lar- kin street, stated that he could not bring in a verdict on circumstantial evidence. He was excused on motion of the State. Five more veniremen were called to the box, William Wulff being challenged al- most immediately by reason of the fact that he would not return a verdict upon circumstantial evidence. The challenge was allowed. J. F. Plumbe of 1356 Valencia street an- swered the preliminary questions of the prosecution satisfactorily, but when exam- ined as to the testimony taken at the Coro- ner’s inquest and the preliminary hearin, he stated that he had read it and believe it to be true. He alsosaid that he had formed an opinion concerning the testi- mony of Adolph Oppenheim. That opin- ion he wounld carry into the jury-box, and only the strongest kind of evidence could remove it. He was challenged for cause and excused. George C. Berton, an insurance agent re- siding at 817 Mason street, was challenged by the defense and excused on the ground that he had a strong opinion on the case. M. Levy, a clothing dealer residing at 1619 Leavenworth street, and Joseph Cohen of 908 California street, were challenged and excuserd on the same grounds, Once more the box needed replenishing and five more names were drawn. George Sanstraither of 409 Pacific street and Bmgh Hardenburgh of the Baldwin Hotel were challenged and excused for the reason that the§lhad formed fixed opinions on the case. W. F. Mitchell of 736 Oak street was ex- cused on a challenge for the reason that he would not return a verdict involving the death penalty upon circumstantial eyi- dence. - C. R. Dietrick was excused for the same reason. P. McDonald of 2122 Sutter street was al- owed to go on the ground that he had formed an unalterable opinion. Another draft on_ the box and Lorenzo Canepa of 1817 Mission street was excused on a challenge to the effect that he had a Highest of all in Leavening Power,— Latest U. S. Gov't Report al werma ABSOLUTELY PURE Ro) Baking Powder ands around the affidavits, | by the Emsecntion, having no scruples against the infliction of the death penalty, and being ready togive pro}fer weight to circumstantial evidence. He was then passed over to the defense, and in answer to a question by Mr. Deuprey stated that he had read what purported to be the evi- dence given at the Coroner’s inquest and at the preliminary examination. He stated that he had formed an opinion based on this reading. g “That opinion,” asked Mr. Deuprey, ‘it would require evidence to remove ?”’ “I could try the case,” was the reply. “That is to say, you have no opinign that would weigh” with you in regard to the facts testified to in this case?” “No, sir; I have not.” Mr. Hooper stated that he had no ace quaintance with any member of the police or detective department. He also stated that he had acted asa_juror in a murder case some years ago, but could not re- member whether or not the evidence was entirely circumstantial. 8 “In regard to circumstantial evidence, do you recognize that it should be jtaken with the utmost caution?” “Yes, sir.”” “In relation to circumstantial evidence,”” continued Mr. Deuprey, “if you were told by the court that if there existed a reason- able doubt as to one circumstance you must resolve it in favor of the defendant and acquit, would youdo so?” “If so.instructed I would do so.” “You would have no objection to the instruction ?” “No, sir.” 2 Mr. Deuprey then put a hypothetical question, asking. in effect, if, in a certain case, ten essential circumstances were necessary to be proved and one of them failed, he would resolve that one in favor of the defendant and acquit. ‘“Yes, sir,” answered Mr. Hooper, “if it was vital I would.” “Do you know of any reason at this time which would prevent you from giving this defendant a fair and impartial trial on the charge now Pendmg b “Idonot.” “And if you were sworn as a juror, you would sit there assuming the defendant to be innocent at all times until proof of guilt was made to your satisfaction?”’ “Yes, sir.”’ Mr. Hooper was then passed. William Costello, next examined, stated that he had a prejudice against circum- stantial evidence, and was also unalterably fixed in his opinion as to the guilt or inno- cence of the defendant. He was chal- lenged and excused. *‘There are two gentlemen now in the box,"” said Judge Murphy, ‘“subject to ac- ceytnnce or peremptory challenge. What will you do with them ?*’ Counsel for the defense, who had the first challenge, put their heads together for a few moments, and then Mr. Deuprey smiled sweetly on the court as he said: ““Content.” ““We interpose a challenge to Mr. Gray,” said the District Attorney, who had been whispering with Captain Lees. *‘What will you do with Mr. Hooper?” asked the court. “‘Content,” again said Mr. Deuprey. “Satisfied,”” said the District Attorney. ‘““‘Swear Mr. Hooper,'’ said the court, and the eighth juror in the t case solemnly swore to do his duty. Judge Murphy then admonished the sworn jurors as to talking about the case and added: *‘If any person should meet you or ap- proach you about this case, or invade your rights as jurors, it is plainly your duty to report such person to the court. Noone has a right to accost jurors who are in the trial of a case under any circumstances to get their opinions upon this or any other matter connected with the case. As I have said, if any person insists on talking to you about the case tell them you are jurors and then, if they persist, report them to the court.” A recess was then taken till 2 o'clock, and everybody filed out of the conrtroom except those who had business with the clerk. Durrant and his jailer passed out very quickly, in time to escape the ap- g;o:ch of a young woman With a huge uquet of white blossoms which she stated to a deputy were intended for Dur- rant. When court reopened the young woman with the bunch of white blossoms occupied a front seat and gazed wonderingly at the F{xmner as he returned to hisseat. She ailed, however, to give him the bouquet. The examination of veniremen was im- mediately resumed. M. Jacobs, 1007 Hayes street, was ex- cused on the challenge of the prosecution, on the ground of having formed an opin- ion which could not be moved by circum- stantial evidence. J. C. Zellehack, 807 Franklin street, was challenged by the prosecution because he could not accept circumstantial evidence as the basis of a verdict carrying the death penalty. The court endeavored to make a case of circumstantial evidence clear to the juror, and asked him if, on such a state of acts being proven a case beyond all ques- tion, he meant to say he would not give any weight to such evidence. The juror answered: ¢ *T was talking about the circumstantial evidence in the Durrant case, and I do not believe in circumstantial evidence.” The challenge was allowed. % L. S. Bachman, G. Zerr, William Ring and Max Wulff were sworn as to qualifica- tions and competency, and upon being ex- amined were excused, the first three on challenges by the prosecution and the last one on the challenge of the defense. G. Zerr, who is a butcher at 1622 Broad- way, had an opinion that could not be removed. William Ring, Nineteenth and Castro streets, had no conscientious scruples against the death penalty, but he would look with prejudice and suspicion on all circamstantial evidence. Max Wulff, 268 Battery, said if he were chosen as a juror he would'be governed by the law and the evidence, but had formed and still retained an ofinlon which no amount of testimony could change. A. B. Cheney, 1006 Guerrero street; B. 8. Levy, 1935 California street; N. H. Horton, 210 Devisadero street, and L. Gregoire, 816 Capp street, were sworn and examined as to competency and all except Mr. Gregoire were excused. Mr. Cheney said he had no scruples against the death penalty and no prejudice against circumstantial evidence. He did not know Durrant norany of his family and never attended Emmanuel Baptist Church, though he had friends who were members of that church. He had never discussed the case with them or any wit- |. nesses. He had read the case and dis- cussed it and had formed an opinion that would require evidence to remove. Mr. Deuprey for the defense examined him and contested the State’s challenge, and 1nsisted upon an exception to the court’s allowance of the challenge. Mr. Horton and Mr. Levy both had opinions that would require evidence to remove. Louis Gregoire, who was accepled and sworn to try the case, is clerk in a book- store. He said he had no conscientious scruples against the death penalty, and was not acquainted with the defendant. He had lived near Emmanuel Baptist Church for nearly three years, but knew none of the members and never attended the church. On examination by the defense, Mr. Gregoire said he had read the testimony, but could not say whether it was true; he did not believe he had discussed what he had read, although he might have heard it spoken of on the streets. "His wife did not speak good English; so she did not discuss such things with him. He stated that he had not made up his mind as to the guilt or innocence of the defendant. He be- lieved somebody was guilty, but he did not know who it was. He further stated that he had done jury duty three or four times, and thought circumstantial evidence and evidence as to,the identification should be taken with a great deal of care. He was sure that he was entirely free from any opinion, and knew of no reason why he could not try the case fairly and impartially, avid Leffman, 1916 Sacramento street, B. Williams, 1927 Ellis street and C. L. Hinkel, 218 Devisadero street, were sworn, and all excused for cause on the State’s challenge. Mr. Leffman had an opinion. Mr. Wil- liams objected to circumstantial evidence and Mr. Hinkel had az opinion, which only strong evidence would remove. They were challenged and excused. A. A. Taft, 415 Golden Gate avenue, P. Abrahamson, 1022 Hyde street, and G. L. Lansing, 1935 Pacific avenue, were the next sworn and all were excused on the challenge of the prosecution or account of prejudice against circumstantial evidence. A. Erb, 121 Grove street, W. C. McGeorge and W. R. Lazatier, 435 Hayes street, were sworn as to competency. John Scholin, 1710 Sacramento street, was also called, but not answering. an attachment was issued for him returnable at 10 o’clock this morn- ing. Mr. Erb stated that he would not find a verdict on circumstantial evidence. Mr. McGeorge was not on the assessment roll, and Mr. Lazatier could not try the case fairly and impartially. They were ex- cused on the State’s challenge. J. Breig, 212a Linden street, Charles Hehringhi, 1801 Folsom street, and Patrick Biggins, corner Nevada and Utah streets, were sworn and examined. They were ex- cused on challenges of the State. Mr. Breig and Mr. Hehringhi_had prejudice against circumstantial evidence and Mr. Biggins had an opinion, which could be overcome only by the strongest kind of evidence. The court then stated that he was about to order a recess and, turning to tne jury, proceeded to admonish the eight men in the box. The Judge reminded them that it was their auty not to speak or read about the case and tv allow no one to speak to them. “Do not pérmit yourselves to be inter- viewed, or accosted, or addressed by any- body relative to this case,”” he continued, *‘it makes no difference who it is. There is great impropriety in undertaking to in- terview jurors in any case, much more particularly in a criminal case, and you will, therefore, avoid all interviews. Avoid all oxgression- and formations of opinion; and should any person accost you and in- sist upon interviewing you, or talking to you about this case, as I have heretofore said and now repeat, it is your duty at once to report so to the court, and the court will then dispose of the matter as provided for by law.’ The jurors were then dismissed, and court adjourned until this morning at 10 o’clock. THE VON RHEIN AUOTION. Real Property of the Carroll Estate Sold Under the Hammer. At the auction sale at the salesrooms of 0. F. von Rhein & Co. yesterday the fol- lowing properties were disposed of: One lot on the northeast corner of Ninth ave- nue and I street, 150x120 feet, was sold sub- ject to approval of court for §4400; the row of houses on the west line of Laguna street, between Turk and Eddy, belonging to the estate of James Carroll, deceased, was knocked down at $66,000, subject to court confirmation; house with lot 23:3x137:6, at 1709 Btockton street, sold for $6000; 1707 Stockton street, with lot 22x112:6, broufi t $4000; 712 Twenty-second street and lot 22:6x114 sold for $3325; 342 and 342}¢ Union street and lot 23x67:6 was bid in at $4925; 94 Devisadero street and lot 25x116:3 brought §7250; property 68x80 at the south- east corner ofpurfion and Seventeenth streets realized $19,000, and a lot, 37:6x 137:6, on the north line of Pine street, 100 feet east of Devisadero, was dhpomi of for $3500. ——————— Free This Week. EIGHT BIG PRESENTS—ONE GIVEN WITH Each Pound of Our EXTRA VALUE 50-CENT TEAS. GREAT AMERICAN IMPORTING TEA CO.’S, 52-58 Market street, S. F., Headquarters. BRANCH STORES EVERYWHERE, WOE ON TELEGRAPH HILL, Residents Retreat Before the Quarrymen With Loud Complaints. RAINS MAY BRING DISASTER. The People Reslding on the Cliffs Live Lives of Constant Danger. The constant and relentless paring away of Telegraph Hiil by quarrymen who want rock for the seawail and to crush for con- crete is steadily changing both the geogra- phy of the heights and their population. At various points a slow retreat of resi- dents is going on, and the residents object. Only the other day the bottom fell out of a kitchen that had been undermined. The constant giant-powder explosions are ter- rifying to the people above in spite of fa- miliarity with them. The 1ntervals of the explosions are al- ways stated for the benefit of the trembling inhabitants of the summit that they may | have been placed at work and the quanti- of whatever capacity he thought best, and in a day or two will probably have every- thing finished. The case of the Fish Commission against the Truckee Lumber Company for dump- ing sawdust into the Truckee River was dismissed by Justice Cooke, a demurrer that the court had no jurisdiction being sustained. The Truckee Mill and Box Company has shut down for a few days for the purpose of building a sawdust con- veyor and burner. GOLD AND SILVER - BARS. The Mint and the Selby Smelting Works Show a Great Increase of Production. Among the industriesof this State which have felt the electric touch of better iimes is the one upon which the first prosperity of the State rested—mining. It is not the paver-share value of the mines, but their actunal product which is the index of the spurt which they have taken. There are two depots in this City where the reduction of goid and silver is carried on to a large extent. One is the United States Branch Mint and the other is the Selby Smelting Works. At both of these places it is reported that the precious metal is coming in in larger quantities than for many months past. Itis not be- cause more valuable leads have been struck in the mines, but rather that larger forces ties of ore taken out are heavier than ever. At the Selby Works the superintendent says that tne business has increased 50 per cent within a short time. The bullion T0 FORCE THE CONTEST. Executor Goodfellow’s Move in the Fair Will Liti= gation. AN ANSWER FOR THE TRUST. RESULTS OF QUARRYING IN TELEGRAPH HILL. [From a sketch by a “Call” artist.] call in the young ones and keep themselves away from the menace of flying rock and breaking glass. It is then that the tradi- tional goat is driven down the western slope out of harm’s way, and Martha Washington, the stout colored lady of TLombard street, calls in her numerous flock in alarm. At two points the hill has been cut away in dangerous proximity to the dwelking- houses above, and complaints are many. Telegraph Hill is not all ledge, and herein lies the danger. When the people wi oare operating the rock-crushing - planti\ “en- counter a streak of loose earth they move off for a new lead. In several r laces the quest for rock has taken them Within ten or twelve feet of dwellings, which now stand on the edge of a sheer descent of several hundred feet. The residents claim that the winter rains will certainly wash them down the bank, should they have the ood fortune to escape the effects of future lasts. One of the danger points is on Sansome street, between Vallejo and Greenwich. The other is just above, at Lombard and Chestnut streets. At the former place Gray Brothers are operating- a big rock- crushing plant and at the latter Cushing & ‘Wetmore are taking out tons of rock for similar use. . No one seems to regret this work of demolition. Along with the atmosphere of romance that lingers about the ancient pile there seems to be the phantom of a commercial ‘‘hoodoo.” Certain it is that no money-making scheme has ever flour- ished here. The antics of Telegraph Hill realty in the market is a matter of history. In May, 1876, the City was given a loca- tion here for a park. Considerable money was expended in erecting a substantial concrete wall, but at this point the propo- sition went to sleep. Later an attempt was made to turn the hill into a pleasure resort. A great deal of money was in- vested in buildings at the summit, and a cable railroad was put in operation down its western slope. Financial disaster, how- ever, came soon and the enterprise died like the others. SHARKEY WILL NOT FIGHT. After Taking a Good Look at Mc- Auliffe the Sailor Cried Enough. Billy 8Smith, who was whipped by Sailor Sharkey recently, was given a benefit last evening. Quite a number of pugs appeared in short set-tos which seemed to amuse the spectators. Big Joe McAuliffe and his old friena Barney Farley came from the latter's home, near the House of Correction, last night specially to see Sharkey and arrange for a match between Sharkey and Mec- Auliffe. The sailor would not have any- thinF to do with the big fellow. He ack- nowledged that in a contest of/ twenty rounds or less McAuliffe would ‘e apt to knock his head off, and to _escape an awful punisbing he has concluded to steer clear of McAufifl . It was a palpable case of white feather so far as Sharkey was concerned. The sailor is now looking for a match with a fighter named *‘The Soldier,” and, if they can agree upon terms, the contest will be held at Vallejo. It is doubtful, however, if the authorities at Vallejo will allow the match to take place. The “Soldier” can- not fight fast enough to keep himself ‘warm. THF. FISH OOMMISSIOM. Salmon Hatchery Now Being Started on Battle Creek. A salmon hatchery is now being estab- lished on Battle Creek by Chief Deputy Fish . Commissioner John Babcock. He left the City a little while ago with full _power from the board .to start a hatchery ('S is coming in so speedily of late that it has been found necessary to employ an extra force. In the production of gold and silver bars as many as 80,000 ounces of silver are melted some days, and one day’s amount of gold which has gone into the crucible has been as high as $365,000 in value. The greater part of this gold comes from the mines of this State, although of late Alaska and some other coast mines have been fairly well represented. There are eight furnaces in the establishment, six of which are used for silver and two for gold. Taking the output of Selby’s and the United States Branch Mint together the evidence of the recent increase in the product of the precious metals is very striking. HIS. LOVE WAS SPURNED The Story of James Godfrey’s Passion for Catherine Nugent. She Testifled She Would Not Marry Him if He Were the Only Man on Earth. The story of James Godfrey’s repeated attempts to force Miss Catherine Nugent to marry him was told in Judge Conlan’s court yesterday, and afforded amusement to the spectators. ~ « Godfrey is a steamboat fireman, and on July 11 he went to the lodging-house, 23 Minna street, kept by Miss Nugent, and peremptorily ordered her to go with him and get married. He had done the same thing several times before. Miss Nugent called for assistance, and Thomas Tracey, her accepted lover, and Peter O’Keefe re- sponded. There was a rough and tumble fhgnt and Godfrey was terribly beaten. Erysipelas set in and for atime his life was despaired of, but he gradually re- covered. ‘I'racey and O’Keefe were arrested for assault with a deadly weapon and God- frey was charged with mayhem, for having bitten Tracey’s finger. Godfrey, in giving his evidence yester- day, said he had advanced about $700 to Miss Nugent to furnish the lodging-house, and she still owed him $225. She had con- sented to marry him, but now refused to keep her promise. iss Nugent denied owing Godfrey any- thing. She borrowed $475 from him and paid him in full last December. She would not marry him if ke were the only man on earth. He once got a marriage license, and they went to a priest, but when they got there she told the priest she would not marry Godfrey. Another of her lovers named Conley got out a license the same day, but she would not marry him either. Attorney Reed, who appeared for Tracey and O'Keefe, raid that Godfrey had been arrested fourteen times since last Decem- ber for battery upon Miss Nugent and dis- turbininn peace, and he had threatened to kill her. The Judge gave Godfrey a lecture. "You went to Miss Nugent’s for a fight,” he said, “and you got it. I have had you and {our love troubles so often before me that am sick of the whole business. I will dismiss all the cases.” ¢ Miss Nl;gent then went to Judge Camp- bell's court and swore out a warrant for Godfrey’s arrest for threats to kill. He was arrested and taken before the Judge, and the case was continued till to-day. Meantime Godfrey is in prison and Tracey and O’Keefe are free. — Dr. Webb's home cost $3,000,000. The Executor Contends That the Validity of the Wills Is the First Question. Attorney Garret W. McEnerney filed an answer for Executor W. 8. Goodfellow yesterday to Charles L. Fair's suit regard- ing the validity of the trust clause in the Fair will. Attached to the answer are copies of both of the wills, and a ruling as to the validity of each will, the attorney maintains, must be obtained before the test suit, which is in regard to the control of the Lick House, can be determined. This is an important move in the liti- gation, for if Mr. McEnerney’s point is maintained, the heirs cannot defeat the will by the test case regarding the rights of the trustees to the specified portion of the property. The general allegations of the complaint are denied in the answer, and the will of September 24, 1894, is declared to be valid. Then the answer continnes: And for another, further and separate answer to plaintiff’s complaint, the defendant alleges that the plaintiff claims that the docu- ment dated September 21, 1894, referred to in plaintifi’s complaint, & copy whereof is_hereto attached and marked ‘‘Exhibit A,” and made & part hereof, is not the last or any will of said deceased, but that the same was executed by the said deceased under and solely by reason of undue influence, and that the same was after the execution thereof, and on the 24th day of September, 1894, revoked by the execu= tiori by the said James G. Fair of a certain document purrflr!ing to be the holographic will of the said deceased, a copy of which is hereto annexed, marked ‘Exhibit B,” and made a part heréof. That it is claimed by the plaintiff thatsaid document is the last will of said James G. Fair, deceased. That both documents, copies whereof marked respectively exhibits A and B, are hereto an- nexed and made a part hereof, have been filed for probate in this court, and petitions for their probate are now pending and undeter- mined, and no will of said deceased has ever been admitted to probate. That there is also pending and undetermined written grounds of némosltion, filed by the plaintiff in this case, to the probate of the will of September 21, 1894, in which written grounds of opposition it is alleged and claimed by the plaintiff that said ‘will was revoked by the document dated Sep- tember 24, 1894, and that said document of date September 21, 1894, was procured to be executed by undue influence. And there is now pending and undetermined in this court written grounds of opposition to the admission to probate of the document dated September 24, 1894, which written frounds of opposition had been filed by the egatees and devisees under the will of Septem- ber 21, 1894, in which written grounds of op- sition claimed that said document, dated ptember 24, 1894, was never written, dated or signed by 'said James G. Fair, nor ever ac- knowledged or declared by him to be his or any will. At the time of his death said James G. Fair, deceased, was a resident of the City and County of San Francisco, and died the owner in fee absolute of the real property de- scribed in the complaint, and of the whole thereof. Of the right of the trustees to control the property the answer says: The title of said James G.Fair transmitted by the terms of the aforesaid last wili to the defendant, Goodfellow, and his three co-trus- tees, has never in any manner been trans- ferred, alienated or otherwise affected, and the title thereto in fee simple, as so transmitted, now vests in four trustees for the uses and pur- poses in said will stated. With the answer is a cross-complaint alleging that Charles L. Fair, Mrs. Theresa Qelrichs and Virginia Fair claim title to the Lick House property, and that their claim is not valid. “‘The said elaims,” the cross-complaint recites, are without any right whatever, and neither Charles L. Fair nor Mrs. Theresa Oelrichs nor Virginia Fair has any estate or interest of any nature, kind or description whatever in or to said real property or any part thereof.” Fur- ther 1t is stated that although the plaintiff and his sisters oppose the will of Septem- ber 21, the claims supported by that will are alone vali 0’CONNOR IS COLONEL. Result of the Election in the Third Regiment Held -Last Night. Lieutenant-Colonel J. C. O’Connor of the Third Infantry, N. G. C., has been elected colonel of the regiment, in the vacancy left by the resignation of Colonel Thomas F. Barry. Major James F. Smith was elécted to succeed d’Connor. Both elections were unanimous. Colonel William McDonald presided at the election, and every officer of the Third was present. Lieutenant-Colonel O’Con- nor was nominated by Major Smith, thus virtually declaring that Smith was out of the fight. This came as a surprise to many of the officers, for at a caucus held only a few nights ago Smith was made the choice of the officers. Smith has declared all along that he would not run against 0O'Connor. —— e oo Dailey’s Proceeding Dismissed. The Supreme Court yesterday dismissed W. R. Dailey’s writ of certiorari by request of the petitioner. A hearing in the habess corpus Ppetition is set for September 2. G;ltefill Women Write Us Letters. From every corner of the country come thankful letters written by those who have been lifted into cheerful, vig- orous, healthy strength by Dr. Pierce’s Favorite Prescription. Thousands on thousands of women have been relieved of the nerve-nagging drffi of weakness and pain. ey have been made better wives and better mothers by having perfect health restored, and without the humiliating ure of examinations so generally insisted on by physicians.' 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Careless, easy-going doctors frequently treat their women patients for biliousness, nervousness, dyspepsia, liver or kidney troubles, when the real sick- ness is in the organs distinctly feminine, the system. and no help can come till they are made perfectly strong and healthy in both structure and function which is brougth about in due time, by the use of Dr. Pierce’s Favorite Prescription. Z Prescribed for 30 years by Dr. Pierce, o