The San Francisco Call. Newspaper, August 13, 1895, Page 5

Oy THE SAN FRANCISCO CALL, TUESDAY, AUGUST 13, 1895. JUROR BROWN STEPS SOFTLY DOWN AND 0UT The District Attorney Is Sustained by the Court. CONTEMPT CASES GOOVER | Mr. Smyth’s Passion for Pure Air Is Too Much for Judge Murphy. MAY NOT PRESIDE TO-DAY. Captaln Lees Detalls an Officer on the Trall of the Girl With Blossoms. $HE DURRANT CASE IN A MINUTE—BRIEF REVIEW OF THE PROCEEDINGS. Judge Murphy disposed of two very impor- Iy ater court convened tof all he grented the st to exercise & per- Juror Brown. Mr. n at once, and, yesterday mor! District Attorney emptory ch Barnes actea on the permis been accepted and sworn to try the case, and before the jury was compieted (lZe counsel for the people, without filing any sfiidavit, but merely upon a statement almost identical with the one made by the District Attorney in this case, was permitted to re-examine the jurors so sworn, and after such examination” was al- lowed to exercise & peremptory challenge as to said juror, and this action of that court was sustained by the Supreme Court. It thereupon is clear that either party may be granted the privilege of further examining a juror accepted and sworn to try the case, for the purpose of showing the cause why a per- emptory challenge should be allowed after the juroris sworn and before the jury is com- pleted and sworn. Section 1067 of the Penal Code provides that “a challenge to an individual juror is either (1) peremptory, which is the right either party has to challenge up to a certain number with- out assigning any eause; or (2) for cause. Here some legal cause such as the code provides must exist in order to warrant its allowance.” Section 1068 provides: “It must be taken when the juror appears, and before he is sworn to try the cause, Eut the court may for cause permit it to be taken after the juror is sworn, and before the jury is completed.”’ From this section it is clear that the Legisla- ture by adopting it was satisfied that certain exigencies might arise, after a juror was sworn, as in the interest of public justice and a pure administration of the law, where a par should not be absolutely required to accept | and retain on the jury an objectionable juror, even though he had been accepted and sworn. 1 take it that if the challenging party were to claim theright to interpose a challenge ‘for cause,” after the juror was sworn, then such & cause must be shown as would justify the court inallowing the challenge had it been interposed before the juror was sworn; but if it is sought to interpose & “‘peremptory” challenge aiter the juror is sworn, then the juror may be the subject of such peremptory challenge, although the ground upon which such pefemptory is charged that their conduct in the publication of matters connected with this defendant and the trial is an interference and an unjust in- terference with the proceedings of this court. It seems to me that it would be readily ad- mitted by every person, and certainly should be one of the controlling elements of the action of every person recognizing this right, that all partiés accused of crime are entitled to a fair and impartial trial; that the procee ings in the courts should be conducted in calm and orderly manner, and that, when a party is brought to trial, there should be no interference with the due and regular pro- ceedings of the triai—that there should be nothing said or nothing done which would arouse a_feeling of hostility or prejudice against the party on trial. This is not only the right of every person accused of crime—a legal right—but it is a constitutional right. It is_ a right provided for and guaranteed him by the organic law of the country, and 1no court with proper respect for itself, with a due regard to the rights of the party on trial, would hesitate to extend its arm—the strong arm of the law—to see that such party is protected in this constitutioual guarantee of a fair and impartial trial; and it | might as well be understood that no person, whoever he may be, or in whatever position of life he may be Fh\ced, however powertul or however powerful the machinery with which he is connected is concerned, has a right, by any act of his, to so publish and proclaim matters as to interfere with the just and proper administration of the law and the or- derly conduct of the trial then proceeding in one of our courts. This remark does not apply to this case, but | it 1s & remark which I made years ago in | B | another case in which similar complaint was | made. In that case I said: ““It devolves upon | me to announce that, should a conviction | occur in the case and the court was satisfiad | that any injustice had been done, or any undue | | prejudices had been raised against the defend- ant in the case upon trial, by reason of any publication in the press, I would unhesitat- i under the oath that bound me to do_so, administer the law and give the party & new trisl, placing the injury and wrong at the feet | of those who are gailty of it.” ! Of course this remark was a general remark, not applicable tothis case or anticipating any result in this case, but simply to aunnounce what I believe to bo the law and the right of that one has been excused, notwithstand- ing the objection of the defense, and with- out any cause—without sufficient cause.” “The objection is overruled,” said the court, and the defense took another excep- tion. The examination of veniremen then began in earnest. £ L. A. Sanderson, residing at 1012 Union street, was challenged by the prosecution and excused on thz ground that he could not bring in a_verdict of guilty where the senalty was death on circumstantial evi- ence. A. P. Sheppard of 2112 Steiner street was assed by the prosecution and challenged gy the defense on his statement that he did not think he was in a frame of mind to become a competent juror. The prosecu- tion consented and the juror was excused. 8. C. Jones of 802 Filbert street stated that he had an opinion which it would take strong evidence to remove. Chal- lenged by the defense and excused. E. A. Bullis, 1015 Steiner street, was challenged and excused for the same reason. R. A. Miller of 312 Beale street stated that he would not be willing to join in a verdict on circumstantial evidence. He was challenged for this reason and ex- cused. G. C. Ludington, 2512 Fillmore street, was allowed to depart for the same reason. | Ex-Supervisor C. W. Tabor of 630 Twenty-third street, stepfather of Clarence and Elmer E. Wolf, important witnesses in the case, was excused by consent of both sides for this reason. R. Bunton of 1118 O’Farrell street was excused by reason of the fact that he would not bring in a verdict of guilty involving the death penalty. J. Bucher of 1605 Church street was challenged and excused by reason of a fixed opinion on tbe case, H. M. Levy, president of the Hale- | Norcross Mining Company, residing at 1302 Polk street, was challenged and ex- every person on trial to be protected from at- A SPECIMEN ROW OF SPECTATORS AT THE DURRANT TRIAL. [Sketched by a “Call” artist.] amid renewed objections of the defense, Mr. | Brown was allowed to step down and out of | the case. In the second place his Honor de- | cided to take no action for the present on the application of General Dickinson for citations against certain newspaper men. He held that et this time it would interfere with the case and decided to hold the matter in abeyance until such & period as it could be taken up properly. These matters being out of the way the search for jurors was resumed. Thirty-odd veniremen were examined during the day, but not one additional juryman was secured. The | effort will be continued to-day, but it is hardly | likely that Judge Murphy will preside. He was very much indisposed and notified Clerk Morris if he did not appear on time this morn- ing to request one of the other Judges to offici ate in his stead. The indisposition is not seri- ous, and his Honor hopes to be on the bench after one day’s rest, The courtroom was crowded during the day, | many ladies being present, but everybody | seemed to pay more attention to the proceed- | ings than to the prisoner. The young womsn | with the yearning to present pea biossoms to | the accused was on hand early in the morning, | but when Deputy Sheriff Martin Hughes asked | her name she made her escape from the court- | Toom only to haunt the corridors, where she | was closely watched by one of Captain Lees’ men. She was not in the courtroom during the remainder of the day. NoTE To THE READER.—If you wish only to | know what was actually accomplished in the | Durrant case yesterday the foregoing summary will give you that information. If, however, it is your desire to learn the particulars of this | interesting trial you will find subjoined a clear, | succinet, impartial account of all important matters. Under no circumstances will the | offensive detsils be admitted. They are not essential to an intelligent understanding of | the progress of the case, and will be accorded no place in these coluinns. Judge Murphy was plainly indisposed as he took his seat on the bench in the Dur- | rant case yesterday morning. He coughed | violently, his nose was uncomfortably | blue, and his overcoat was buttoned tight- ly under his chin. Juror Horace Smyth’s " undjsguised passion for fresh air had made its mark on his Honor. His bronchial tubes were clogged and his head was filled | with a villainous cold. For which reasons nobody wondered when he vigorously | shook his head when the bailiff asked him | if he should raise the window. The juror’s | passion for morning breezes had run coun- | ter once too often to the judicial tendency | 10 colds and the passion was compelled to knock under to the tendency. The usual crowds were in attendance, and everybody was on the qui vive to learn what conclusions his Honor had arrived at in the case of Juror Walter 8. Brown against whom the District Attorney had asked leave to interpose a peremptory challenge. They had not long to wait. His Honor took up the matter as soon as the jurors had answered to their names. He said: When the conrt took a-session Friday last a mobtion made by the District Attorney was pending to be permitted to exercise a peremp- tory challenge to one of the jurors sworn in the case. The facts upon which that motion was based are substantially that the seid juror, Brown, after an examination as to his com- etency and qualifications to serve as a juror n this case, was accepted by both parties and sworn in as a jurorto try said action, being 1.};: g{’& ;':;r: 80 5Worn to try the case.” There nine jurors ac e ¥ cepted and sworn to try At this time, and the status of the jury being asabove, and the jury not being xj:omylcled. mie mufllu Attorney now asks the court per- mission 10 now interpose a peremptory chal- lenge to said Juror Brown, ot tonnd that since his acceptance of seid Brown as a juror, and'since said Brown was sworn as such, cer- tain information has reached him and certain occurrences have happened that, had he been aware of their existence at the time of hisex- amination of Brown as to his qualifications, etc.,, he would not have accepted the sai juror, but would, on the contrary, have inter- posed a peremptory challenge to him., To the granting of this motion of the Dis- - trict Attorney the defendant objects, When this motion was made by the District Atterney the counsel for the dc{endlnl earn- estly objected 1o thé eourt allowing the Dis- trict Attorney to interrogate the juror or hear- ing any oral evidence in the maiter not based upan affidevits filed. This objection cannotbe entertained for the reason that the course of procedure pursued in this case follows that in | in whom, after the cause is determines | parties and the public can say, that whatever | based would not be a ground of challenge “for cause. Whether the language of section 341 of the criminal practice act as it existed prior to the codes and upon which the decision People v Reynolds, 16 Cal.‘ 131, is based, is of more re ive and of more binding force and effect section 1068, Penal Code, I ha; ss or illustrate, for the reason tha time now to di { that I think the strict construction claimed to have been givenin that case to the section in the criminal practice act has been materially mod- ified it not overruled in the late case of People vs. Montgomery, 53 Cal., 576, iu which tae | court say: “Under scction 1068 of the Penal Code, the court, in the exercise of a sound discretion, may permit a peremptory challenge, even aiter the jury are sworn, and, a fortiori, it may per- mit it before the jury is sworn, even though | the juror is accepied, and it will not be pre- sumed the court abused its discretion.” And when the Penal Code provides that either of these challenges may be allowed for cause, it does not contemplate that the right to exercise & peremptory challenge shall be founded on one of thé grounds of challenge for cause, but it means that the right of per- emptory challenge may be exercised for mat- ters which would not be grounds of challenge for “cause.” Now, the object of the law is that jurors who are to determine the most vital questions should have the entire confidence of all the arties to the litigation as well as the faith and confidence of the public at large—jurors their own ideas may be, they believe that the result arrived at was honest and conscientious. Jurors should be of such character that there can_be no lurking suspicion that they will not well and truly live up to and act npon the te timony and the law—and that only—in arriy- ing at a justconclusion. Such are ‘he jurors the law contemplates, and only such are the jurors that should sit on trials in our courts. In this case it appears that the District Attorney states in open court that since ac- cepting the juror Brown he has learned cer- tain matters’ which, bad he known prior to accepting him, he would have exercised the legal rignt accorded him of peremptorily chal- lenging the juror. This statement has been made in opex court in the presence and hear- ing of the juror. So far as the testimony given on this hearing is concerned there is no e: dence before me upon which any charge of wrong or bad faith on the part of Mr. Brown asa juror in the Howellscase can be based, nor is there any evidence before me that im- peaches his honesty or fairness in his action in that case. Yet the fact remains that the District Attor- ney, in calling the sttention of the court to this matter, and urging his right to exercise the peremptory challenge, has placed himself in such a position as may have aroused the ani- mosity of the said juror against him and the cause he represents. ~ Suppose it should appear that ifrom some imaginary cause a juror who was sccepted and sworn, but’ before the jury was completed, had de- nounced either one of the counsel in 'the case, thereby showing great personal _hostility against said counsel, and which might have a tendency to impair the usefulness of said coun- sel in the trial of the case—and supposing that the fact of such prejudice ageinst said counsel came to his knowledge after the juror had been sworn—would any court, if such a state of facts existed and was brought to_its attention by & motion to allow such counsel to exercise & peremptory challenge, refuse to grant the same? 1 think not. Now such a state of mind may exist on the part of the juror in this case against the coun- sel for the people; I don't say it does, but it is not outside of the range of possibility that it might, and certainly such a juror should not be allowed to act in'the case. Besides, we must consider that nl}mrty upon trial is not entitlea—as was well said in People vs. Murphy, 45 Cal., 143—of right to any par- ticular juror, He is only entitled to fair and impartial jurors and to a competent jury; and when such competent jury is impaneléd and sworn in the case, the purpose of the law in that respect has been accomplished. Though in the impaneling of the jury any competent person may be rejected, yet if an- other competent person has been substituted in Ins stead no injury has been done to the prisoner. Upon the whole matter as now before me, after such thought as I have been able to give the subject, I have determined to allow the motion of the District Attorney and to permit him at this time to exercise a peremptory chal- lenge to the juror, Brown, “We take an exception,” said General Dickinson. “I desire,” said the District Attorney rising from hisseat without delay, *‘to in- terpose a peremptory challenge to Walter 8. Brown.” ‘The peremptory challenge of the Dis- trict Attorney has been entered,” said the court. ‘“You are excused, Mr. Brown.” And _the juror reached for his hat, stepped down and out of the box and left the courtroom without delay. Judge Murphy began again: * Now, there is another matter I desire to dis- pose of before proceeding with the business be- fore the court. That is on the applieation of the counsel for the defendant for the issuance the case of People, etc., vs. Be) iy, 87 Cal;, 117. In that case the jumr,mzl::rffld @ by the court for certain citations to parties connected with certain papers,in which itis . the | tacks or creating an undue prejudice against such person. Now in the affidavits before me two grounds are set forth for the issuance of citations. The first is the attack upon Juror Brown and the other is attacks upon two witnesses who, it is id, are witnesses on the part of the defense. w let it be understood that jurors are under the full protection of the court. While acting as jurors in a court they are not to be attacked, are not to be in any way maltreated or interfered with. They are to be treated fairly and if commentsare to be made upon them they are not to be made to their detriment. If it were otherwise timid men who might be called as jurors in & case might be intimidated | or swerved from doing their duty. | There 1s no better principle laid down in the | 1aw than that jurors, while acting as such ina | court, are under the full protection of the court and are entitled under the law to_be fully pro- tected from attack. An equally well-estab- Jished principle is that witnesses who are under subpena in courts are entitled to be protected from attack. Their testimony is not to_be an- ticlpated; they are not to be attacked on the basis that they are to give sworn testimon because if that were notso there is no ma and we know how disagreeable the position or would come forward and give knowledge of facts that he may be possessed if he was subj to attacs and vituperation from any source whatever. These I understand to be the general princi- ples of law, end it seems to me that no gentle- | men in our community can understand these things better than the gentlemen of the press themselves. If one of these gentlemen were unfortunately placed at the bar or on trial in a case involving a large amount of property | hie would probably feel it s keenly us other | persons did he fin; was making unjust attacks upon him; and he would claim, as he would undoubtedly have a claims, that no person has a right to interfere during the progress of a trial with his right to a fair and impartial trial. Now, in maintaining this right there is but one course for the court to pursue, and that is by such orders as are proper and in the proper case to issue citations; but while the citations should be issued and probably, if insisted upon, will be issued by this court at 'the proper time, vet I cannot at this time allow the proceedings in this trial to be arrested, to stop all proceed- | inesin this trial and go into the investigation of what might be called the side issues. As to these proceedings in contempt, were 1 to cite these people to appear here this afternoon or t0-morrow morning, they would come in and would be entitled to show cause why they should not be pumished for contempt. They might claim that it was | published with good intent; that it was true and published for justifinble ends in the inter- | est of publie justice; and were we to go 1o an investigation of that sort it might take days and, in the meaniime, the trial of this case would stop, and, in the investigation of that matter, it might become absolutely necessary | to determine whether the statements were true or not, whether well based or not; and the court might be forced to give an expression of opinion upon the truthfulness of some of the witnesses' testimony. That would be injurious to either one side or the other, and place the court in a very awkward position. At all events, while I f2el the necessity of en- forcing the rules of law, yet I cannot permit this trial to be stopped. I cannot permit these issues to be raised. Whether or not these par- ties are guilty of contempt there is a proper time, at which time these matters can brought to the attention of the court. Ideem that this is not that time; that we should go on with the case. At such time as will not in- terfere with the proper trial of the cause, these matters will be heard. These affidavits will be laced on file, and hereafter, if counsel desire t, the court will take such ‘action as is con- templated, For the time being, the matter will rest in abeyance. “The matter is not finally determined, your Honor,” inquired General Dickinson, “merely postponed 2"’ “Yes, sir,” replied the court. “Well, then, I would to be heard in sup- port of the motion for these citations,” “I will give vou a hearing at the proper me,” said the court. “I would submit,” persisted General Dickinson, “that if we are entitled to re- tief we should get it while our life isin danger.” “If there is any time 1 can give you,” said the court, *“I will gladly do so.” Mr. Dickinson then requested the court to instruct the newspaper men present to desist from publishing matter concerning witnesses and jurors; but the court stated it did not see how that would make any difference. It seemed to him that the newspaper men had a keen sense of justice and would befiulded by that, “If your onor pleases,” continued Mr. Dickinson, “‘we are entirely helpless.” But the court could not see it that way and ordered the call for yeniremen.” The usual number of them bobbed up with ex- cuses, which consumed the time of the court for half an hour. “If the court please,” said General Dick- inson, after the excuses of jurors had been heard, “‘we object to any further proceed- ingsin this trial on the ground that there were nine jurors drawn and sworn and some witnesses may be in some cases—that | that a portion of the press | right to claim, and as counsel for the defense i cused for the same reason, as was D. Mc- | Kiernan of 43 East street. L. Caro was so troubled with neuralgia | that it was deemed inadvisable to examine | him, and he was excused by consent, the court then taking a recess until 2:15 o’clock. Twenty-one talesmen were called during the afternoon session. Twenty were ex- amined and nineteen: of them excused on challenges for cause. One was excused on the sixth peremptory challenge of the de- fense. One was absent when his name was called and an attachment was ordered re- turnable this morning at 10 o’clock. C. 8. Healey, 520 Seventh street, stated that he could not under any circumstances join in a verdict founded on circumstantial evidence where the penalty was death. The State’s challenge met with no contest and was allowed. M. J. McInerney, bookkeeper, 1819 Polk street, said he had conscientious scruples against the infliction of the death penalty and was excused on the challenge of the State. s J. G. Davis, 535 Turk street, and N. P. Hall, 1819 Lyon street, stated that they were not on the last assessment roll and were excused on the challenge of the State. When W. G. Hughes was called District Attorney Barnes stated to the Court that | both parties would consent to his being excused. A. Herman, corner Baker and Jefferson streets, said he had read part of the news- paper accounts of former hearings and that he had formed such an opinion tk‘)iat e | it would require evidence to remove. | was excused. George F. Ehrenpfort, 1751 Ellis street, was passed by the State and excused on challenge of the defense. G. W. Haskell, 118 Cumberland street, was excused on the challenge of the State on the ground of possessing an opinion that would require evidence to remove. C. H. Naylor, 114 Octavia street, was ex- cused on the defendant’s challenge. F. Holtum, 804 Page street, was chal- lenged by the prosecution on the ground that he "had stated that under no circum- stances would he give a verdict on circurn- stantial evidence where the verdict might be death. J. H. Doolittle, proprietor of the St. Nicholas Hotel, was passed by the State, but was challenged by the defense on the ground that he had formed an opinion. The challenge was allowed. 8. Schloss, 41114 Octavia street, was ex- cused on the State’s challenge because he stated that he could not bang a person on circumstantial evidence. C. H. Dolan, 123 Twenty-fourth street, said he had conscientious scruples against inflicting the death penalty, and was ex- cused on the people’s challenge. W. Kaiser, 2111 Post street, said that under no circumstances would he join in a | verdict for death on circumstantial evi- dence. He was excused by the State. L. Gately was excused by the State be- cause he had an opinion as to the guilt or innocence of the defendant. P. Zimmerman, 1108 Railroad avenue, said_he wonld not render a death verdict on circumstantial evidence, and he was ex- cused by the State. A. T. Patrick was excused by con- sent of counsel on both sides on the ground that he was a brother-in-law to one of the parties to the action, Mr. Bohen, the detective. B. Lazansky, 105 Clay street, was passed by the State. But in_answer to questions by the defense he said he had an opinion that no evidence would remove. He was excused. . George Hesketh, 327 Filbert street, roved acceptable to the State after a engthy examination. “ Do you know of anything that could be brought to bear to influence or decide yot in the jury-box?” asked Mr. Deaprey. *Ido ziot,” was the prompt reply. *“I would tet nobody decide for me."” ‘‘No matter what the views of 20,000 other persons might be?” “I have done it for nearly forty years and I guess I would do it now.” He was passed by the defense. : Charles Tronner was excused by the peo- ple. He said that under no circumstances could he bring in a death verdict. “There is one man in the box unchal- lenged on peremptory privilege,”’ an- nounced the court. “It is the defend- ant’s challenge.” “We will excuse Mr. Hesketh,” said Mr. Deuprey, and the g:lry remained as it was at the opening of the morning session. E. Mandell’s was the only name left in the box at the next turn and hedid not answer to his name. The court ordered an ‘attachment returnable at 10 o’clock this morning and took an adjournment. A CATHOLIC' CONVENTION. The Second Step In a Great Educational Movement in the Church. AT THE CATHEDRAL TO-NIGHT, ReadIng Circles to Unite and Joln the Cathollc Summer School of America. The Catholic reading circles of San Fran- cisco will hold a convention at St. Mary’s Cathedral this evening for the purpose of establishing a union of the various circles, adopting a universal course of studies and formulatinz a plan for organizing new branches and, in fine, inaugurating a Ca- tholic Summer School on this coast similar to those in the East. About five months ago a meeting, at which 600 young ladies and young men were present, was held at the cathedral. The object was to get Catholics interested in the educational movement to establish reading circles in every parish. Since then five reading circles have sprung into exist- ence and they have flourished and excited the interest of a large number of promi- nent Catholic young people, and, having passed the experimental stage and become a recognized factor in parish work, the clergymen, who agitated the movement, and the lay members, who took an_active part in it, have decided to hold this con- vention with a view to permanent organi- zation and joining the Reading Ciub Union of the Catholic Summer School of America. The circles from parishes that will be represented at the convention are the Cathedral Circle of St. Mary’s Cathedral, the Archbishop Riordan Circle of St. Charles, the Thomas Aquinas Cirele of St. Peter’s, the Holy Cross. Circle of Holy Cross Church on Eddy street and the La- cordaire of St. Ignatius Church. There are also several circles organized in the City convents and one at San Rafael, from which representatives will be sent. In the beginning it was_wholly due to the efforts of very Rev. J.J. Prendergast, vicar general of the archdiocese, that the new educational movement, which had sgread throughout many Eastern and ‘Western States, was taken yp by members of Catholic churches in this diocese. He ave it an impetus and saw it safely aunched when the work was given over to Father Dempsey. So far, however, there has been no definite line of woyk for the circles. They went along independently, meeting once a week, each following out its own bent in the reading and discussing of papers covering history, literature. art and Catholic doctrine. Now they propose to ado{n the plan of the National union. A full course requires four years’ study, but members may join for one year or longer. Special or post-graduate courses will be prepared for those who complete the regular course. The plan consists of carefully prepared reading courses and wisely selected books. The course for each year is complete in itself. In these studies the le=sons are marked in advance each week, and the amount of reading in each study clearly defined. The advan- tages of membership are set forth in a circular to be issued at the convention. Following is the order of study to be recommended : October, November and December—Church history and’physicfl January, February and March—Church his- acred Scripture and physics. {n 1, May end June—Sacred Scripture and early English literature. Members may fol- low a different order of reading if they so desire. RAPHAELS' GREAT LOSS, Must Stand All of the Damage to Both Stock and Store. tory, A A Four-Inch Pipe on the Third Floor Burst and Flooded the Bullding. Owing to the bursting of a large water- pipe the interior of ‘Raphael’s clothing es- tablishment on Kearny street presentsa strange contrast to its usual orderly ap- pearance. Clothes soaking with water, 5 efficient work of the patrola comparatively large amount of goods escaped unhurf, ¢ as the entire stock was promptly cover B : with tarpauling, and the walls probed, so as to allow the water to fall in the aisles and behind the counters. The next danger to be encountered owing to the flood of water was the electric- light wires, which began sputtering as soon as the water formed a connection be- tween the exposed parts of the wires and the woodwork surrounding them. The lines were promptly cut, doing away with the danger of fire. In speaking about the matter yesterday Julius Raphael said that it would be im- possible to estimate the loss at the present time, as un entire inventory had not been taken, and that it would require several days to adjust matters, The loss will have to be borne by the corporation, as the Underwriters refuse to recognize loss by water without fire assist- ing in the ravages. Attorneys have been consulted in the matter, and are all of the opinion that there is no redress for the firm, the break being purely accidental and due to the negligence of no one. Mr. Raphael was to have left for the East this evening, but owing to the acci- dent he has decided to postpone his trip indefinitely. R S o s THE LATEST IN OYOLING. The Proposed Racing Circuit Not Likely to Be a Success. There will be a circuit of race meets in Southern California during September as follows: Santa Ana, 5th; San Diego, 7th; Riverside, 9th; San Bernardino, 11th; Los Angeles, 14th; Pasadena, 21st. There will be both class A and B events, and no doubt several of the northern flyers will attend. It looks doubtful whether the proposed circuit in this part of the State will come off at all, and, if it does, success is very problematical, as there seems to be no head to the venture. The opening date was originally intended to be August 10, which was changed to the 17th, and is now again postponed to the 24th, at which time the circuit may start at Petaluma. As the best class A men cannotfollow it, however, and there are few class B men to race at home to say nothing of following a circuit, it will be devoid cf attractions. The racers had better know that their prizes are guar- anteed before they ride or they may have the same trouble as with the Midwinter Fair and Santa Cruz meets. The Waverly Cycling Club is the latest wheeling organization in this City, and starts out with a charter membership of fifteen. The officers are: George M. Ham- lin, president; Svdney W. Elston, secre- tary-treasurer; Ernest Elliott, captain; Joe Reay, first lieutenant; Henry Heinze, second lieutenant. Captain Theodore C.Dodge and Harr; F. Terrill, of the Bay City W heelmen, wiil start this morning on a week’s tour awheel through San Mateo, Santa Clara and Santa Cruz counties. W. E. Lee and A. W. Rhys, of the same club, left yesterday morning for Lake County, where they will enjoy a two weeks’' vacation. Sanford Plummer and E. E. Stoddard, of the Bay Citys, have just returned from a hunting trip through the western part of Sonoma County. ‘Walter D. Sheldon and Harry E. Terrill, of the Bay City Wheelmen, met with a pe- culiar accident last Sunday night. They were riding a tandem out Golden Gate avenue, and as they reached Franklin street a boy on a single wheel turned the corner. There was not time to avoid a collision, and the tandem was badly dam- aged, while the rider of the single wheel was knocked fully twenty feet away and his wheel went with him. "Terriil was con- siderably bruised and the boy suffered sev- eral contusions. The fault lay with the boy on the single wheel, as he was racing around_ a corner without paying any heed to possible consequences. Next Sunday will see three different at- tempts made fo lower the coast five-mile road record, as handicap races are to be run for that distance by the Olympic and Reliance Club Wheelmen and the Imperial Cycling Club. The Olympics will have the most talent entered in theirrace and are in doubts as to whether the Fruitvale-San Leandro or San Mateo-San Carlos course is the best. This will be decided at a meeting this evening. It would be desirable if all three clubs would hold their races over one course, as then the other clubs could at- tend and enjoy a good day’s sport. The Reliance Club riders know every inch of the way over the San Leandro course, as they live across the bay and train on it. So they will probably favor their race be- ing held there; but the Olympies and Im- perials think the straightaway stretch be- yond San Mateo is in better condition, and they wanta place where their men will have a chance of beating Alexander’s time of 12:03 2-5. Captain Dodge has cailed a club run of the Bay City Wheelmen to Golden Gate Park for next Sunday, which will be largely attended, as it is his last run but one, tgp club election being held early in September. The members are at a loss as to whom to chose for the next captain, and = W= e MAIN ¥LOOR AT RAPHAEL’S, broken show-cases, the paper ripped from the walls by the force of the river of water which poured through the building, all these assist to make up a scene of disaster. The store is closed on Sundays and the employes alternate with each other in two-hour watches. It was during Mr. Barut's watch that the first intimation was received that everything was not right on floor ‘above, the sound of dripping water being faintly heard. Thissmall stream of water soon increased into a torrent. So strong was the force of the water that numerous smaller pipes were struck by t?o streams and broken off at their connec- tions. % . Mr, Raphael was immediately notified by telephone that the building was being flooded, and as soon as he arrived he dis- patched messengers for a corps of luml])en and the Underwriters” Fire atrol. The plum bersmade amistake in locating the break in the pipe, and fully an hour ‘was lost on that account, but owing to the are in hopes that Dodge will accept another term, which would be his third. — s o The Association to Meet. = J. F. Fugazzi has retired from the Union Pa- cific and has been succeeded by M. G. Tonini. A meeting of the Social Association has been called for (o—dlr to take under consideration the withdrawal from that body of Mr.Fugazzi as agent o(fl the Delaware, Lackawanna and West- ern roa The Astonishing Rapidity With Which Cures Ars Made AT THE BIG WHITE BUILDING By Professor Hudson and His Asso- clates — From East, North and South the Testimonlals Come to This Grand Western Institute— What Is Being Accomplished Dally There. HAS BEEN SAID THAT THISIS A WICKED and an ungrateful generation, but if that be true of the people as a mass, it is pleasing to see that there are a few noteworthy exceptions. There are those who, whilst having due regard for the propriety of keeking in the fashion don’t mind going outside of it, anid being some- what different to the general run of their brothers and sisters when they find that a good turn has been done them. One of these gentle- men is Mr. F. Clyde, & well-known resident of Victoria, B. C., and we are not averse to giving this distinguished citizen of the Dominion of Canada due credit for his manliness and his veracity. Mr. Clyde, it seems, was one of the many thousands who have applied in times of severe sickness to that great curative estab- lishment of which San Francisco may justly feel proud—the Hudson Medical Institute—for assistance. His case was taken under consid- eration there, and as soon as a correct diag- nosis of his ailment had been made, treatment was forwarded him to the pretty little city from which he hails. His was not an ordinary case by any means, and it is altogether probable that had Mr. Clyde been asked what he would have given to have had his regular health and strength back when he applied to the distin- guished specialists who are practicing in the big white building at the corner of Market, Stockton and Ellis streets, he would have named a good round figure. But Mr. Clyde is nearly well now—in fact, the goal is right in sight, and he hasn’t paid any large amount of money for the inestimable boon of restored health either. Of course, he has paid the regu- lar fees, but no more. And now, as we re- marked before, he is man enough to acknowl- edge the great, the immense good, that hag been done for him. He writes, dating his letter 1\'xcwria, B. C., April 8th, of this year, as fol- ows: Hudson Medical Institute—Gentlemen: 'Tisg with much pleasure and gratitude that I write you these few lines, for I believe I am just about cured. I think one more month will do it. I hardly know how to thank you for what you have done for me so_far. I received the brush you sent me all O K, and I now_for- ward you another report blank, which I have filled out to the best of my ability, hoping it may better show signs of improvement. would like you to send me another month’s supgl)‘ of medicine, and I think that will be the last that I will require. Yours truly, F. CLYDE. 28 Rock Bay avenue, Vietoria, B. C. Hundreds write as encouraging letters as that every day In the year to the doctors of the institute. Just read these as fair examples: Adam Nelson of Indian Diggings says: ‘I have gradually improved till now I can safely say I have been entirely cured.” W. A. Russell of Machias, Wash: “I only regret that I am not able to pay you ten times your fee. I shall recommend you to all sufferers.’” A. W.Neale of Los Angeles writes: “Your treatment has done all that you claimed it wonld do, and I bless the day that I placed my- self in your hands.” 5 F. F. Bartels of Oroville: “I am altogether a new man to what I was when I commenced to take your medicine.” G.H.Gray of Catlin, Wash., says: ‘‘Am very much obliged for what you haye done for me, and will always speak in the highest terms ot the Institute.” We could fill the whole of this page with short clippings from grateful patients, and any one calling at the Institute may see thousands of original letters if they so desire. Itis well to remember that all curable diseases are un- dertaken at the Institute, and if you have been told by others that there is no help for you do not despair till you have either -called or written to this grand institution. As longas there is life in you there is always hope for you from the great Hudson Medical Institute, Remember that. All the Following Cases Are Curable: Catarrh of the head, stomach or bladde: 11 bronchial diseases; all functional nervous dis- eases; St. Vitus’dance; hysteria; shskin? palsy; epilepsy; all venereal diseases; all kinds of blood troubles: ulcers; wastes of vital forces; rheumatism; gout; eczema; all skin diseases, from whatever cause arising; psoriasis;all blood oisoning; varicocele; poison oak; lost or mpaired manhood; spinal trouble; nervous exhaustion and prostration; incipient paresis; all kidney diseases; lumbago; sciatica; all bladder troubles; dyspepsia; indigestion; con- stipation; all visceral disorders, which are treated by the depurating department. Special instruments for bladder troubles. These area few of the special diseases in which exceptionally remarkable cures have been made by the specialists, and it may frankly be stated that a helping hand is ex- tended to every patient. Circulars and Testimonials of the Great Hudyan sent free. HUDSON MEDICAL INSTITUTE, Stockton, Market and Ellis Sts. L@~ Send for Professor J. H. Hudson’s celebrated lecture on the “Errors of Youth and on “Lost Manhood.” It will cost you nothing. ity Visit the Institute when you can. ANl patients seen in private consulting-rooms. Out-of-town patients can learn all about their cases if they send for symptom blanks. ‘Al letters are strictly confie dential. Two thousand testimonials in the writing of the Individuals cured. L&~ Office hours, 9 A, M. to 8 P. M. Sundays, 9 to 12. WHY BE "SICK When & trifle will buy the greatest healing invention of the day? Dr. Sanden’s Electrie Belt is a complete body battery for self-treat- ment, and guaranteed or money refunded. It 5 v will cure without medicine rheum- atism, lumbago, ciatica, lame back, kidney and liver complaint, nervous debilty, ‘weakness, losses, T FTERE drains, and all efiects of early indiscretion or excess. To weak men it is the greatest possible boon,as the mild, soothing electric current is applied direct to the nerve centers, and improvements are felt from the first hour used. A pocket edition of the celebrated electro- medical work, “‘Three Classes of men,” illus- trated, is sent free, sealed, by mail, upon ap- plication. Every young, middle-aged or old man suffering the slightest weakness should read it. Itwill point out an easy, sure and speedy way how to regain strength and health when everything else has failed. Address i SANDEN ELECTRIC CO., Council Building, Portland, OF. STHEVERY BESTONETO-EXAMINE YOUR eyes and fit them to. Spectacles or Eyeglasses with instruments is own invention, whose superiority has not been equaled: My success hag been due to the merits of my work. Oftice Hours—12 to 4 ». 3. UPTURE No Truss in the world will re~ tain like. Dr. Pierce’s Magnetic Klastic Truss. It Has No Equal - Has positively ;CU K E D thousands. Thescientific manage- ment of Hernia a specialty. Callor write for free PAMPHLET No. 1. Ad- dress MAGNETIC TRUSS CO. (Dr, Plerce & Son), 704 Sacramento st., San Francisco”