The San Francisco Call. Newspaper, August 21, 1895, Page 11

: THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 21, 1895 11 LATEST OAKLAND NEWS Luigi Dulcich’s Trouble With a Double Name and a Funeral. EFFORT TO HURT McCHESNEY. Money Belng Read!ly Subscribed for the Wilmerding Technical School. sco CALL,] st 2 908 Broadw: Luigi Dulecich will 4 the funeral expenses of his boy George, who was buried under the name of I’n‘m.ln, ‘October 19, 1894, That was the dec: rendered in the Superior Court to-day. Dulcich is known under the name of Doban by many of his neighbors. When the boy died tne mother, who was formerly married to Terence Grogan and who married Du f d under contract, gave then e Doban to Undertaker J. the one to be put in the . paper and upon the pl ption. When Dulcich found this out he became very angry, and declared that he would not pay the funer 3 the change anle: was made the me Dulcich put on the plate. This t aone and the court yesterday d that Dulcich would have .to pay the funeral ex- penses anyw. contract with Mr MACKINNON'S MOTIVES. Why Did He Attack Principal McChes- ney’s Gymnasium ? B. McChesney of the High accused by W.H. Mackin- ringing male visitors to view the nnastic exercises of the girls in his school, was most emphatic in his state- ments to-day that Mr. Mackinnon was act- ing through a personal and petty private | grievance. “T had some trouble,” he said, “‘with Mackinnon last term about his children. One morning he came down to the school to see me, and in a most abusive way said wé were not giving his boys proper marks ifi bookkeeping. He intimated that the girl whom he claimed knew less of that study than the boy was given higher marks, and that the bo even higher. Mrs. Pugh, the teacher, stated that the low marks were on account of the boy’s bad penmanship. Mackinnon said he did not care a rap about penman- ship and went away in an angry.mood. “As for taking visitors into the gymnpa- sium while the girls are exercising, there has been only two visitors this term. One was ‘County Superintendent of Schools jarlick and the other was the principal of the {Los Angeles High School, who desired to get some information for the establish- ment of a gymnasium in his own There is nothing immodest in the gymna: tic exercises or in the costumes worn. “As to the pupils injuring themselves, I know that Miss Palmer, the teacher, is ex- tremely careful, and that she watches over her charges carefully H costumes worn by the girls are of the same pattern as those worn by the young ladies at the university at Berkeley. IMPROPERLY RECORDED, A Number of Street Assessment Rolls Invalid. By the failure of the Street Superinten- dent’s office to properly record the street assessment rollsin a number of -completed improvements in Alameda. a good deal of confusion has been created. The Califor- nia Improvement Company to-day asked for a .dismissal of seventeen menced in the Sus-erior Court against cer- fain persons who had not paid their assess- ments. The dismissal was asked on the ground of the improper recording of the rolls. " It will be necessary to commence proceedings over again from the time of presenting the rolls from the Street Super- inténdent’s office. STILL DRAGGING. The Oakland Water-Front Case Re- mains Open. The findings in the Oakland water-front suit will not be filed for several days yet. The Water-front Company has asked for farther time in wbich to introduce evi- dence showing that a certain portion of the water-front pro erty along the south shore of East Oakland had been improved by be- ing filled in, and should be exempted from the reach of the city’s control together with the five pieces already exempted. MON PLEDGED. The Wilmerding School Committee at Work. The committee having in charge the canvass fcr obtaining funds for securing the- lacation of the Wilmerding Trade School in Oakland have begun active work. Among the first $100 subscriptions to-be received were those of C. F. Weber of Fruitvale and W. G. Palmanteer of the Central Bank. It is expected that fifty $100 subscriptions will eventually be ob- tained to head the list. Verdict on the Lewis Shooting. The jury which has been inquiring into the shooting of Jennie Lewis brought in a yerdict to-night that the fiirl was shot by some person unknown. This is rather a disappointment to the police, who expect- ed to get a verdict incriminating Muhiner. The story of Miss Sparhawk told last night bds entirely altered the aspect of the case. Her - description of the man she saw walking away from the house after the shooting applies more to a man of Miller’s build and complexion than to Muhlner. She positively swore it was not Muhlner. Mrs. Miller says she left her son asleep in the house on the day of the murder, and found him asleep when she returned at 5:30. The shots were fired at 3:45. The father of Miss Lewis has sworn to a complaint for murder against Muhlner, and his preliminary examina- tion will be set as goon as possible. Galloway’s Tragic End. An inquest was hetd this evening into the death of James Galloway, the man who was burned to death on an electric light mast at midnight yesterday. It was tes- tified that the current had not been turned off before Galloway handled the carbon and that as he had his leg over a wire the circuit was completed through hisrightarm to the wire. Galloway has been a lineman for fifteen years. A verdict of accidental -death was returned. Equalization Troubles. The demurrers to the complaint filed by E. G. Buswell for a writ of review of the actions of the Board of Supervisors in ref- erence to the lowering of the corporation . assessments was yesterday filed. They :will be heard before Judge Ellsworth next Monday morning, when the motion to -strike out certain portions of the com- plaint will also be heard. Comedy at the Macdonough. Gillette's comedy, ““Too Much Johnson,” which had a most successful engagement i * Baldwin Theater, comes to the Mac- 3 ough next Monday for three nights, and a brilliant season is looked for. Orders : for tickKets have beenfpouring into the box- -offigé. A number of theater parties have - _been arranged for the opening night. The “advance sale of seats begins Thursday morning at 9 o’clock. e Heavy Damages. The damage suit of the Simmons family against the Southern Pacific Company for $50,000 was to-day compromised for $11,500 in the Superior Court. M. G. Simmons, its com- | the father, was killed in October last at the time that the narrow-gauge train fell into the estuary. HISTORY OF A DAY. Alameda County Happenings Told in Brief Chapters. OAXLAND OFFICE SAN FRANCISCO CALL, 908 Broadway, August 20. Auditor M. A, Whidden is better to-day and it is expected that he will be able to be out in & few days. | _The Mayor has recommended to the court that two landscape gardeners be employed to erect fountains in the public parks. | ._The public debate between Eric Lewis (Chris- | tian) and H. G. Thurston (Seventh Day Ad- ventist) is declared off by Mr. Lewis. The clerks in City Treasurer Gilpin's office were given a vacation to-day, as the office is being renovated for the first time in eightor ten years. Company F, Fifth Regiment, N. G.C., have held an election forcompany officers. Captain G. A. Wethern and First Lieuténant W. H. Cobble- dick were re-elected. __Sheriff White is having a double screen put | in the jail, through which all conversation be- | tween the’prisoners and the outside public will be filtered in the future. The Socialists have secured Becker's Hall, 918 Washington street, for a meeting next Sun- day afternoon at 3 o’clock. They will be ad- dressed by Rev, George W. Henning. Rev.F.J. Akers has taken charge of the Ashby-avenue mission of the Presbyterian church and will devote his time to the work, which now has & very encouraging outlook. The “open meeting” for to-morrow evening under the auspices of Brooklyn Lodge No.3, A. 0. U, W., will be held in 0dd Fellows' Hail, corner Twelfth street and Eleventh avenue, East Oakland. The Pleasanton Times says: “Our schooi children will all be given an opportunity to register for hop-picking agein this year. In all probability the school will close on or about the 1st of September.” The alarm of fire at 12:30 thismorning called the department to the corner of East Twelith street and Eighth avenue, where a small black- smith shop belonging to Lewis Hewlett was | discovered to be on fire. Six documents have been filed in the fight of the Auditor and_the Supervisors against the petition of E. G. Buswell for a writ of review of the action of the Board of Supervisors acting as a Board of Equalization. Clay Holmes, the young son of Melvin W. Holmes, formerly Deputy Street Superinten- dent, fell and broke both bones of his left wrist | last evening in the yard adjoining his own | home, 553 Albion street. was instituted this afternoon in Justice court against James H., Andrew J. and am J. Powe: vle trick riders with the Wallace v John' Stewart, the collector, aim of Fay Butler for $111 50. Fifty prisoners answer to the roll-call in the County Jail. Thisis a falling off of 100 per | centin the number cared for by the county before the new fee bill went into operation cutting the recompense of Constables making arrests. torney Thomas Garrity will address the dies of the Catholic Ladies’ Aid Society on ursday evening at Y. M. 1. Hall building, | between” Eleventh and Twelith streets. His subject will be “The New Woman and Her In- l fluence Upon the Future.” Henry Varley, the English evangelist, will \ deliver his address before sailing for Aus- | | tralia at the First Baptist Church to-morrow evening. The services will begin at 7:30 and & general invitation is extended to the public to hear him in his farewell address, K. Mizuno, a Japanese acrobat with the Wal- lace 13, yesterday afternoon, near B-street station, became confused, when the Sacra- 10 train came along and tossed him. into air over a telegraph wire into the bay, He attended by Dr. Dunn at the Receiving Hospital and will recover, The Grand Jury was not in session s tut Expert H. K. and County Ex- ert Davis had a _conference in re- i to the accounts of the Tax Collector’s office with the county. The District Attorney ed subpenas for M. A, Whidden, A.J gh, J. Leo Park, F. A. Davis, J. E. thers, who will testify at the investi- nnual estimates filed with the He | of my : by next Monday, as the | e by that the bonds should not carry the Aud- ftor would have to provide for them in his es- | timates, LATEST BERRELEYIEMS Measures Taken for the Erec- tion of a New High School Building. A Proposition to Secure a Portlon of the University Grounds as a Site. BERKELEY, CaL., Aug. 20.—From all { indications, it would seem that Berkeley will have a new high school building in the near future. At the meeting of the Board of School Directors last evening President Boomne, chairman of the special committee to ascertain whether a site for the new nigh school could be had in the University grounds, reported that he had interviewed | J. West Martin, one of the Regents, and | that in his opinion there was no legal im- pediment in the way of the proposition. President Boone stated further that he had forwarded a communication to the Board 1of Regents embodying the wishes of the | Board of Education, and'giving special | importance to the fact that if a long-term ilease was not thought advisable, possi- bly they would sell a site to the town. | In conversation with Mr. Boone, it was | learnea that the board desired to secure, | if possible, a site near the northwest cor- ner of the campus, bordering on Oxford street, and that the time of the proposed lease be ninety-nine years. Such a lease1s now held by a high school from the Uni- versity of Illinois, and taking this as a precedent, the board feels hopeful that at last a careful consideration by the Regents will be given their plan. It was then resolved that the Board of Town Trustees be requested to take im- mediate steps for the erection of a high school building of not less than sixteen rooms, builtina durable and ornamental manner and srovided with complete equipment; and also that arrangements be made at once for the erection ofa six- room grammar school on Dwight way; a new eiglit-room grammar school building on the site at present occupied by the San Pablo school; a six-room building for school purposesin North Berkeley; a four- room school building on Ninth street; a lot on San Pablo avenue, near Dwight way, and also for the furnishing of all the buildings named. The Board of Education adjourned and met as a High School Board. They passed a resolution asking the Board of Town the erection of a sixteen-room high school building. % Principal Waterman made the following report, showing the total enrollment of the Berkeley schools at the present time: High School 266, Kellogg 368, Whistier 342, Le Conte 282, Lorin 260. Total, 1518. Professor Ardley of the university made a strong plea to the board for the introduc- tion of a more complete course in drawin, in the schools, arguing from the stand- point that Berfxeley entrants to the univer- sity were handicapped by the lack of knowledge in_drawing, as those coming from Oakland, San Francisco and other schools had a better understanding of its elements. Rector for St. Mark’s. Rev. George E. Swan of Indianapolis has been secured by the vestry of St. Mark’s Episcopal Church as rector, to fill the vacancy made by the recent resigna- tion of Dr. Easton. Mr. Swan is 40 years of age, and is said to be a man of more than ordinary ability. He will leave for California at once, and isexpected to offi- ciate on_the firsi Sunday in September. His family will follow as soon as possib! Death of Miss Kerns. Miss Ella W. Kerns, daughter of Charles T. Kerns, died this morning after a short illness, from pleuro-pneumonia. The funeral will take- place to-morrow after- WILL NOT BE SLIGHTED, The Mayor to Have a Clerk, in Spite of the Council. A CITY DEAD TO THE WORLD. Enormous Demand for Information Trustees to take immediate steps toward| of Oakland That Cannot Be Supplled. 0ARLAND OFFICE SAN FrANCISCO CALL,} 908 Broadway, Aug. 20. Mayor Davie decided to-day that he will appoint a clerk to the Mayor’s office. The Council has denied his request for a clerk, although the charter expressly says one may be appointed, so he has decided to appoint an expert, which power is vested in the Mayor without any sanction of the Council. The circumstances that prompted the Mayor to decide on having a clerk were many and various. The chief executive's mail was particularly heavy this morning. It contained elegantly bound histories of municipalities all over the country; there were some requests from private persons for information and photographs of Oak- land; two letters contained money to pay for newspapers and photographs; several Mayors sent copies of inaugural addresses, with compliments and a request for a like courtesy; three manufacturing firms sent long lists of questions that they would like to have answered re- garding climate, locality, price of land and material and prospects for busi- ness and the Civic Federation of Delaware sent out blanks to be filled out asking about the duties and emoluments of the various city officials, But as the Mayor viewed his own helplessness he was very wroth. Ashe was still opening letters an expressman appeared with some sample packing boxes, some sample bottles of ickles and a sample gun. They were all rom firms anxious to locate here and who wanted to know the chief executive’s opin- ion as to the possibility of a sale for their particular goods. “My sosition is a downright farce,” said Oakland’s Mayor. ‘“Hereare people want- ing to know all about this city and_its ade vantages and I am practically helpless. No one man can attend to all these reasonable requests and no man should be expected to doit. It is absurd; it is a near-sighted policy. T asked the Finance Committee to allow me a clerk and it was denied. Now look at my position. Here is a neatly bound book from Grand Rapids, Mich. With it is a note asking for my inaugural message. When I asked that it be printed I got one votein the Council. I mustsend a reply to the Mayor of Grand Rapids that my message is on file and thar if he sends a money order to a local copyist he can get a copy of it. That’s dignified, isn’t it, for a city like Oakland. *‘Here is an elegant report, full of pic- tures, from Detroit. with a request that I send a report of Oakland. Where can I find one? Here 1s a municipal report from St. Paul, beautifully prepared. The Mayor asksme for one. What must Isend? I have only a copy of the city ordinances and an Anuditor’s report that is clear and correct to us, but which would convey very little light to an outsider. At the present time the City Attorney is shaping an ordi- nance covering the garbage question. He has peen here and has cbtained several re- orts from which to- derive information, e will doubtless frame a first-clgss ordi- nance. But if any city official were to write to me and ask for information as to how Oakland deals with the garbage prob- lem what conid Isend ? Here is the crowning point. A firm from Baltimore writes that hearing so much about”Oakland’s water-front, they would like me to forward a plan and de- scription of 1t showing portions immedi- ately available for commerce. There isnot such a thing in the city. We have eleven miles of water front and about 10,000 acres of water-front land, and the Mayor of the citfi is in a position where he cannot en- lighten an Eastern firm regarding it. On several occasions I have re- ceived mone; for books and photographs of Oakland and have more than once returned it. I could not send the applicants what they wanted. Take this leiter for instance from Asbury Park. 1t isfrom Mrs, S— and she asks me for a book descriptive of Oakland and begs my acceptance of the accompanying booklets. Here they are, handsome little things, but the pictures could be beaten a hundred-fold in this city. Suppose there were a series of photographs taken of the estnary and ar- ranged in a panoramic form. When a firm in the East wanted to know about the water front, why they could see it at a glance. Take a picture of Lake Merritt and have all the yachts out for the occa- sion; have a few pictures of our new schools, put them in book form and have an intelligent recapitulation of all the re- ports of the city departments and send them to points where they will be seen and read. What would be the result? Read my mail; any citizen is welcome to call and inspect if, and see if it is not absolutely necessary that Oakland do something for herself. This city is the most parsimonious in the United States in the matter of calling attention to her own advantages.” Asthe Mayor described his dilemma he | had all the requests, reports, photographs {and samples spread out before him. There is no doubt that there is ample work for a clerk in the Mayor's office at this time and that is why Mr. Davie has de- cided to employ an expert. e e e el N NOT FORCED TO STARVE, The Anti- Peddler License Ordinance Postponed Indefinitely. Many of the Councilmen Did Not Fully Understand Its Prohbl- tive Nature. OAELAND Orrice SAN FraNcIsco CALL, 908 Broadway, August 20. } The ordinance that would have kept all peddlers in Oakland from doing any busi- ness by requiring what would practically be a prohibitive license has been tabled by the City Council. This ordinance was being rushed through somewhat speedily, but about a month ago a communication was sent to THE CALL calling attention to the joker that lay in an apparently harm- less flnck\ The ordinance merely provided for the raising of the license from $15 to $50 per quarter, and looked innocent enough, but not one peddler in a hundred could pay the high figures, and as a con- sequence the thousands of householders who live in the outlying districts of the city would be forced to spend car fare and come into town or purchase,at village stores sometimes removed a long distance from their dwellings. The facts were in- quired into and published in this paper, and to their publication is duein a great measure the defeat of the ordinance. A majority of the Council did not fully un- derstand the merits of the case, and when they saw the hardship the measure wounld cause ethey promptly decided not to sup- port it. 1t was shown that there are about 2000 people dependent upon the peddling busi- ness for their support and the pes«iler's only outfit was his horse, cart and time. If he were deprived of this opportunity of living the entailed suffering would be very noon from ber late residence on Shattuck | great. avenue; - The passage of the ordinance was warm. ly advocated by merchants and commis- sion men in a very small portion of the business district, but it was so evidently for the benefit of a few and the detriment of the vast majority that it was upani- mously passed over last night, An effort will'be made to keep the large number of Chinese peddlers out of Oakland who come over every morning from San Francisco and return at night, after having sold about $7 worth of goods apiece. As the number of peddlers is about 100, it is readily seen that a Iaifiqf amount of mone; is daily taken from this city, for whicl there is absolutely no return, Alameda passed an ordinance against peddlers who were not residents that was aimed at the Chinese, but the Celestials evaded the law by building little huts on the banks of the estuary and establishing a residence, although they still make their daily trip to and from San Francisco. The Oakland ordinance will be framed so that, if possible, the Chinese cannot beat it. It will probabiy fix a high tariff on peddlers who hawk vegetables not grown within certain limits. Several years ago the City Council of Qakland passed an ordinance ~ that practically prohibited peddling within the city limits, but the opposition was so great that it was speed- ily repealed. NEARLY A FREE FIGHT, The Meeting of the Board of Works Enlivened by a Wordy War. Mayor Davle, Engineer Wilson, Attorney Pelrsol and Captaln Badger In a TIit. OAKLAND OFFICE BAN FRANCISCO CALL, 908 Broadway, August 20, ; The meeting of the Board of Works near- ly ended in a free fight. The row com- menced over the sewer on East Eighth street. Four sewers of fourteen inches each lead down Fourth, Fifth, Sixth and Sev- enth avenues, and City Engineer Wilson islaying an interception sewer along East Eighth street. The size of the sewer is twelve inches. To-night Mayor Davie ordered the work stopped and demanded of Engineer Wilson if an intercepting sewer of twelve inches wss sufficient to carry off the sewerage from four fourteen- inch pipes, Wilson refused to answer. “My opinion is—"" City Attorney Peirsol was saying when the Mayor cut him short by saying: ‘‘Who asked for your opin- ion? It is not worth the breath thatit takes to express it."” : “I am waiting, Mr. Wilson,” said the Mayor. i “I will answer to the Council,” said Wilson. % “Well, then, I will stop the work. It seems to me you are about as good an en- gineer as Mr. Peirsol is an attorney,’” said the Mayor. Several hot passages of oratory followed, and then Captain Badger, a land-owner through whose property the sewer will pass, addressed the board. Captain Badger said that the City Engineer was laying the sewer through his property and was_goin, out of a direct course to do it. He charge: ‘Wilson with doing it because if he kept straight on the sewer would pass through the railroad property and the ditch would pass under the track where it curves at Clinton-street station, Wilson denied that he was actuated by a desire to favor the railroad. “Then explain yourself, sir,’’ said Badger angrily. “The railroad has owned every City Engineer we ever had, and I am pre- pared to show that they own you from your head to your feet.” “I am not answerable to this board,” said Commissioner Wilson. “Well, I'll see that you are,” retorted Davie. *Iam of the opinion —'’ Mr. Peirsol was saying. A gg for your opinion,”” said the Mayor. “Wait till you get your $100 a month as- sistant attorney and then suppose we will be flooded out with opinions.’ The Mayor had reference to the resolu- tion passed last night authorizing the Cit Attorney to appoint an assistant at a sal- ary not to exceed $100 per month. here was some more quarreling, and the meeting broke up with the Mayor re- newing his order that the work be stopped. This is the first conflict that has arisen under the amendment to the charter mak- ing the Mayor, the City Attorney and the City Engineer members of the Board of Public Works. Each member has specific duties and responsibilities in his individual office and also as a Commissioner of Pub- lic Works. In both capacities are they subject to the City Council and as individ- ual officers they are subject to themselves collectively. Just kow the complications can be straightened out is not very plain. The meeting of the board usually lasts about twenty minutes. To-night it lasted two and a half hour: LATE NEWS OF ALAMEDA The Labors of the Board of Equalization Have Been Completed. Rev. W. M. Lane Called to the Pastorate of Christ Episcopal Church. ALAMEDA, CAL., Aug. 20.—The work of the Board of Equalization was closed with the session held to-day,and an adjournment sine die was taken. On account of the clerk’s vacation, Trustee Clark was ap- pointed to the vacancy. T.W. Cuthbertson was granted a re- duction on improvements from $1400 to $1150, D. Muller from $2000 to $1600, N. Muller from $1750 to §1500, W. M. Bowers from $1050 to $700, J. A. Blanchard from $1150 to $1100. Action taken on Monday on the appli- cation of H. A. Dilling was recinded and reductions from $1600 to $1350 were allowed on land at the southeast corner of Santa Clara avenue and 8t. Charles street, and from $1150 to $900 on_ property on Santa Clara east of 8t. Charles. Assessor Linderman was ordered to place the assessment of the improvements of lot 22, block 18, Oak Shade Tract, on the roll and assessed to H. M. Allen at the rate of uation. $6?hveal]m:sunic Hall Association assess- ment of $200 for personal property was stricken from the roll. 8. Fisher was denied a reduction on unimproved property in block 17, Oak Shade Tract. The total reductions of the Board of Equalization from the Assessor's figures amount to $59,345. Rev. Mr. Lane Called to Christ Church, The vestry of Christ Episcopal Church have called” Rev. W. M. Lane to the pas- torate to succeed Rev. M. Perkins. He comes to Alameda from Merced, where he was stationed as a pastor. Rev. Mr. Lane occupied the pulpit at Christ Church Sun- day Eat and will occupy the pulpit there next Sunday. A reception will be ten- dered him Thursday evening at the resi- dence of Mrs. J. 8. McCain on Central avenue. Smoke Ordinance Shelved. The ordinance })rohibmng the emission of dense smoke from locomotives, which .has been pending for some time before the Board of Elty ‘Trustees, has been shelved. As first pron the ordinance applied to the chimneys of factories also, and a majority of the Trustees were under the impression that it would tend to discourage manufacturing enterprises, and only one zé! the Trustees championed the proposi- on. Mont Blanc is the highest peakin| Europe. ONCE AN ARMY OFFICER, The Shooting Stockton Con- tractor Formerly Colonel of Infantry. WAS BURNED AT THE STAKE. Custer Kicked Aslde the Firebrands and Rescued Thornton From Certain Death, R. R. Thornton, the grading contractor for the Valley Railroad, who on Monday shot and wounded a laborer at Stockton because he demanded his pay, is a mem- ber of the Loyal Legion, and was formerly colonel in the United States army. While serving with the regulars he had some startling adventures, and one of them, R, R. Thornton, Formerly Colonel, U. 8. A. [Reproduced from a recent picture.) which occurred nearly thirty years ago, turned his hair white in anight and left him souvenir scars which he will carry to his grave, The story of that experience, as told b{ Colonel Thornton duringa re- cent visit to this City, is as follows: During the fall of 1867 I was engaged on topographical survey work in Southern Cali- fornia. I was then major of infantry, but was assigned to thisdetached service under Colonel Wheeler, who then commanded 1500 men. About the middle of September I was sent with sixty men tothe north. We were mounted, of course, but & pack train bearing our suryeying paraphiernalia serionsly impeded our move- ments. We traveled from mountsin_peak to mountain peak and on the evening of Monday, September 20, had reached a point about sixiy miles north of The Needles. That night we en- eamped in a little basin studded with bowlders and half way up the mountain side. About 4 o'clock Tuexday morning we were attacked by Indians. There were fully 800 of them and except that the nature of the ground favored us we would have been swept from the earth in an instant. The bowlders, however, furnished some shelter to the soldiers. For two days we fought thus, and then, 8s a forlorn hope, Lieutenant Wilder stole out from our position, ran the lines of the encircling savages and started for ald to Custer's camp, forty-six miles away. Our little force had been reduced by death from the bullet and from rocks rolled down the mountain side upon us, till, when Wilder left, but eight men remained. All that night the fight was kept up. Our ammunition was getting low, but at opportune moments we robbed the cartridge boxes of our dead. By noon Thursday, however, the last shot had been fired and the savages closed in onus. We were too exhausted to make any effective resistance, and they took us alive— only seven, however, for one more had been killed by the falling rocks. The Indians took us to a wooded plateau about four miles from the scene of the battle. We were tied to” trees. Green boughs were piled about us and seton fire. They burned slowly, giving outa stifling smoke, and while waiting for the supreme moment the Indians amused themselves by hurling hatchets at our heads, their object being apparently to see how pear us they could come without striking. Dodge? It was little use to dodge, since one was more likely to move into the path of the hatchet than to avoid it. One poor fellow, however, was put outof his misery by an un. skillful throw, and after that the fun stopped. My perticular fire burned hotiest on my left side. It seemed ages before it got well started. The fiames crept upmy left leg, scorched my left hand, which, lhonih tied down, I couls move slightly out of the way of the flames. They reached my throat at midnight, and soon afterward I became unconscious. What hap- pened afterward Ican relate only from what was told me. Lieutenant Wilder had easily evaded the Indians. He reached Custer’s’ camp about midnight Thursday, and almost instantly 300 men, led by Custer himself, were en route for our position. They did not expect to find us alive, but intended to trail and severely punish the reds. It was about 4 o’clock in the morning when Custer reached us. Forty-six miles in four hours, through a wooded and broken country, is pretty heavy marching, but neither horses nor men had been spared. The Indians, in fancied security, had ne- glected to post guards and Custer's charge took them unawares. Some of the cav- alrymen cut us down while others battled with the sayages. Custer himself kicked the firebrands from under me and laid me on the grass before taking part in the fight. The engagement lasted half an hour and the Indians left 200 dead upon the field. I was 1aid up for a long time, but am now as strong and hearty as ever. My hair has, however, been white ever since that day. You can add, too, if you like that never since then have I seen aTed man butI have had the desire to draw a bead on him and make one more live Indian a ‘good Indian,’ Colonel Thornton graduated from West Point in 1863. Before Vicksburg he was made first lieutenant. At Chickamauga he became captain and at Missionary Ridge major. ~When tortured by the Indians he was, to use his own expres- sion, a ‘‘beardless boy of 24.”” Lieutenant Wilder; who brought Custer to the rescue, is still living and resides in the State of Nevada. HE IS NEAR TO LIBERTY, Wickham Will Probably Es- cape Trial Through De- fective Records. The Court Register Indicates That No Information Has Ever Been Filed. OARLAND OFFICE SAN FRANCISCO Cu.r..} 908 Broadway, August 20. Ed. Wickham, who is now locked up in the County Jail on a felony charge, will probably be released from custody to- morrow. Wickham has been in jail for some time, and the District Attorney’s office claims that an information was filed in the County Clerk’s office against him July 81. . F. Cram, who is attorney for Wick- ham, asked last Friday that the charge be dismissed on the grounds that the in- formation had not been filed within the thirty days allowed by law, or at all. One of the Assistant District Attorneysclaimed in court that the information had been fited. . Judge Frick, under this contradiction of claims, continued the case until to-morrow morning. Meantime Court Clerk Mack investigated the records in the County Clerk’s office. The register of criminal actions, which he overhauled, did not show that an infor- mation had been filed at any time against Wickham, and as the numbers of the cases showed that no.omission had been made, he was somewhat puzzled. The District Attorney’s office claimed that it had filed two informations on July 31. Both of these are recorded in the reg- ister, but there is mo indication that any information was filed in the Wickham case, A Sad Case. Mrs. A, A. Waldeit, 26 Georgia street, was found wandering aimlessly on Van Ness ave- nue last night with a boy 4 months old in her arms and three other children, the oldest 9 years of age, toddling after her. She appeared to be out of her mind and_ was taken to the Re- cclvlu% Hospital. The children, who had not tasted food all day, were well cared for by the matron, Mfs. Edmunds. Her husband works in the sugar refinery at the Potrero,and was huntinfi for his wife and children ail day and n_ighxt till he ascertained they were at the hos- pital. OUT OF TOWN PERSONALS, Avalon, Catalina Island, Cal, Aug. 19.— The Saturday rush to Catalina was something entirely unprecedented in the history of the island, fully 700 people arriving within twenty-four hours. The first steamer of the day arrived at 1:30 P. M., her decks crowded with passengers. Every effort was strained to accommodate the throng. At the Metropole portions of wide piazzas were canvassed in and cots spread. Down at the Island Villa half of the large parlor was curtained off, and here cots were made up to accommodate the ladies, whose husbands were occupying quarters on the - Metropole porch. Every tent, cottage, hotel and lodging-house on the island was literally packed from top to bottom, and the staterooms on the Hermosa and yachtslying in the bay were occupied. The fact that just now the season is at its height and the added attraction of the opera “Pinafore,’”’ which was E‘mduoed in the pavilion last evening, com- ined to bring this phenomenal rush. U. 8. Grant Jr. and family of San Diego ar- rived at the Metropole last night. C. A.Bald- win, nephew of “Lucky” Baldwin, is spending some time at the Metropole, accompanied ‘l’:vy his wife and little daughter. Mr. and Mrs. W. Lacy Waters of Montecito arrived at the Metro- pole last night. Among well-known Angelenos who are spending August at the Metropole are Mr. and Mrs. Howard M. Sale. Mrs. Dayisson, wife of Dr. Davisson, president of the State Board of Heaith, accompanied by her children, is camping here. Dr. Davisson comes to the island to passSundays. Professor F. A. Moly- neaux, Superintendent of Schools of Pomona, is enjoying camp life here. . Osborne, editor of the Los Angeles Evening Express, has been here with his family camping for six weeks and returned to the city yesterday. Hon. J. 8. Chapman and family, J. F. Crosby and family, Dr. and Mrs. J, H. Edmonds, Mrs. Glassell and family are among the prominent Los Angeles peonle solourning at the NMetropole, E. F. uribut and family of Pasadena returned last evening for another stay at the Metropoie and will probably remain till the end of August. Dr. Lulu Elis of Los An- geles, accompanied by her sister, Miss Charlotte Talbott, left this week for Europe to spend & year in Vienna studying her specialty, that of microscopical work. K.J. Boyer and C. L. Dietz, of Oakiand arrived at the Metro- Bole last night. Mr. and Mrs. W. W. Wright ot ‘resno are at the Island Villa, T.J. 0'Brien of San Francisco and Mrs. L. Kane of Sacramento are at Catalina, stopping at the Grand View Hotel. The three Carhart brothers, who have been at the Metropole for some time, left for Santa Barbara to be present at the marriage of their sister, Miss Carhart, to Dana Burks,a well-known bank eashier of Los Angeles. S. M. Haskell of the Pomona Progress has joined the editorial colony of Catalina. Wilbur F. George and wife of Sacramento and Mr. Rideout and wife of Marysville left Catalina yesterday after a ten days’ stay at the Metro- pole. They will visit Santa Monica and ascend the heights of Echo Mountain, leaving for the north on Monday. Wesley Clark and family, prominent Los Angeles society people, arrived at the Metropole to-day for & prolonged stay. W. H. Perry, the well-known Los Angeles lum- ber-dealer ‘and owner of the Los Angeles thea- theater, arrived last mnight accompanied bly his daughter and husband, Mr. and Mrs. Moding-Wood, D. A. Helbing, Mr, and Mrs. Frank Campbell were among the San Franciscans who arrived at the Metropole to- day, George L, Fish and Miss L. Stuart of Oak- 1and were among the arrivals at_the Metropole by the noon steamer to-day. W. C. Patterson, president of the Los Angelés Chamber of Com- merce, arrived by this noon’s steamer to join his family at the Metropole. He was accom- anied by H, Jevne. L. Breed, the well- Enuwn Los Angeles banker, and J. J. Mellus joined the Angelenos at the Metropole for over Bunday, P.M, Green. president of the First National Bank of Pasadena, with his wife and daughter, is at the Metropole. Mrs. W. R. Fortune of Ramona has returned from & six weeks’ visit in San Francisco. I. W. Hellman Jr. accompanied the Misses Castle down from San Francisco, who came to be present at the marriage of their brother, Cdlonel Castle, to Miss Winston. Mr. and Mrs. McLaughlin of San Jose are visiting their daughter, Mrs. L. C. Scheller of Ramona. Miss Alice Hobart of San Francisco, who has been the guest of Mrs. John P. Jones and Miss Jones at Miramar, their Santa Monica home, has returned home. Her marriage with Mr. Lester, nephew of Senator Jones, will take place in the early autumn, Gilroy, Cal., Aug. 20.—Dr.and Mrs. Strong of San Francisco are here with relatives. George C. Earl, George W. Reynolds and Rich- ard McCann of San Francisco, appraiser of the Miller & Luxlestate, were here recently. Mrs, Charles and Mrs, Pershing of Suisun visited friends in this city last week. Mrs, Bernard D. Murphy and her sister, Mrs. Geoghegen, of San Jose visited the Sisters of St. Mary’s Pres- entation Convent last week. Miss Minnie Wil- ley is home from Sausalito. Rossand Janies sargent, Oscar Mone, A. W. Furlong and C. Johnson have returned from a camping trip to Monterey, Mrs, E.J. Fuan is spending the ‘week ingnn Francisco. Miss Frances E. John- son of San Mareial, Sonora, Mexico, arrived to- day,and an elaborate “tea” was given in her honor at the residence of Mrs. C. A, Moxett, in which several of her young lady friends par- ficlguted, Leon Loupe gave a ‘“progressive angling” party at the Rea mansion Saturday evening for his cousins, Miss Nellie Hostetter and Coralee Montgomery of San Jose. William Wilsen of San Jose was in town Sunday. Miss Emma Miller has taken charge of a school in 8an Benito County. Mrs. Dr. Cooper and chil- dren are over from Fresno to spend the heated term. In the firemen’s daughler contest Miss Fannie Moore leads with 342 votes, Miss Josie Wolfran 226, and Miss Laura Dewart 179. Capitola, Cal., Aug. 20.—Arrivals st Hotel Capitola: Mr.and Mrs, M. J. Glennan, Santa Clara; Mrs. M. Macabee, Ralph Lowe, Theo B. Lowe, Sam Lowe, San Jose ; Charles Overacker, E. E. Ushar, Niles; Frank Fuslar, Fresno; Duncan McPherson, Sante Cruz; Mrs. Annos and family, San Francisco; A. E. Bowman, San Jose; Mr. and Mrs. H. E. Fellows, Los Gatos; Clay N. Johnson, Kate Wright, San Jose; H. B. Towne, Santa Ana; J. M. Wri Loma Prieta; George Lauck, Santa Clara: Mr. and Mrs. J. D. Veck Jr., New Orleans; Mrs. Groome, Mrs. Thomas, T E. K. Cornell, Sausa- lito; Mrs, G. E. Owen, San Jose; Mrs. Jennie Pepper, San Francisco; J. Pancera, J. H. Chriss- man, San Jose; W, G. Droleop and children, France; Mr.and Mrs, Dr. J. C. Frazer, San Jose; Mr.and Mrs. W.T. Cope, A. A. Taylor, Santa Cruz; C.J. Wilcox Jr., San Jose. —————————— RIGHT OF FREE SPEECH. Conlan Dismisses a Charge Against a Street Orator. Judge Conlan yesterday reaffirmed the decision he rendered about a week ago in the case of President Burns of the Cigar- makers’ Union as to the right of free speech on the streets. George Spurgeon, a silver advocate, while addressing an open-air meeting on Third and Market streets Monday night was ar- rested and charged with obstructing the streets. The case was tried yesterday morning, and after hearing the testimony of the ar- resting officer the Judge dismissed it. “The streets,” said the Judge, ‘‘constitute the people’s forum, and so long as no riot is threatened the police should not attempt to interfere.” ————— Beaten With a Bung-Starter. Henry Gerson, 605 Broadway, was taken to the Receiving Hospital yesterday morning and hed a badly lacerated wound in his scalp at- tended to. He then swore out & warrant in Judge Joachimsen's court for the arrest of C. G. Goldsdorff, saloon-keeper, 642 Sacramento street, on the charge of assault with a deadly weapon. Hestated that he went as usual to clean up the saloon yesterday morning, when Goldsdorff charged him with stealing three pottles of whisky and beat him over the head with a bung-starter. Judge - e ————————— Two years are required for the gulf water to travel from Florida to the coast of Nor- way.: “ For years I had suf- fered from falling of the womb, inflammation of the stomach, and weakness of the ‘female organs. I used Lydia E. Pinkham's Vegetable Com- ¥ pound, and found a perfect. these troubles.” Mgs. Lizzie DECLINE, 224 Grand Street, Jersey City, New Jersens®y_\usew THE BANKS OF THE STATE, A Wonderful Increase in As- sets in Eleven and a Half Months. BUSINESS IS DECIDEDLY GOOD, Figures Which Show That the Tide of Prosperity Has Come In Callfornia. Since the June reports of the banks of California were presented Secretary Duns- moor of the Bank Commission has been going over the figures with a view of ascers taining the loss or gain of the banks from July, 18%4, to June 15 of this year. He has found the increase in assets as fols lows: $2,184,820 02 4,032,447 28 1,452,844 67 Loans on bonds a; Loans on other securities. 1,402,072 38 Total increase in assets..........$15,767,705 46 DECREASE IN ASSETS, Bank premises.... . 883,379 38 Loans on real estate. 8,317,807 62 Money on hand. . 539,859 99 . $3,941,046 99 Net increase in ass and a half months. +$11,826,668 42 INCREASE IN LIABILITIES. Total decrease... Reserve and profit and lo: $839,437 60 Due depositors . 8,133,956 41 State, county and city mone; 3,068,249 93 Due banks and bankers. ... . 3,108,520 46 Total increase in liabilities......$11,879,056 34 Less decrease in capital..... 52,397 87 Net increase in liabilities........$11,826,658 47 That the banking business has increased in San Francisco as well as throughout the State is shown by the following figures: Increase In San Francisco savings banks. 3. S S i SDO0I00 O Increase in San Francisco conimer- cial banks. .. . 8,489.73743 in 8an’ Francisco Natio oS 1,068,876 09 -« $7,6561,673 14 RECAPITULATION, Increase in San Franclsco bank: Increase interior banks. . Increase interior commercial banks. Increase Interic; Mriional banks. . $7,651,673 14 .7 618,388 86 8.570,377 54 398,451 08 © 41274216 Net increase of all banks........$11,826,657 47 VOLUNTARY DRUNKENNESS. Judge Low Raises an Interesting Point in Barney Juchter’s Case. The preliminary examination of Barney Juchter, the teamster who shot Grace Jago, a miece of Contractor Rowley, last week, was held before Judge Low yester~ day. The girl was able to appear in court and testified that the shooting was accidental. Y & % Tne defendant in giving his testimony admitted that he was so drunk at the time that he did not know what he was doing. He could not remember _how he came to have the pistol in his hands or how the accident occurred. F In answer to the Judge Juchter said he got drunk voluntarily, and was surprised when the Judge told him that the law expressly laid down that voluntary drunkenness was no excuse for criminal negligence. He intimated that he would give his decision to-day. If the Judge should decide that Juchter was criminally negligent by reason of voluntary drunkenness he will have to stand his trial for assault with a deadly Weapon. SANTA BARBARA EXTENSION. Work of Grading the Southern Pacific South of San Luis Obispo Resumed. ‘Work on the Santa Barbara division of the Southern Pacific is about to be re« sumed with great vigor. The road is now completed to Guadalupe, twenty - seven miles below San Luis Obispo. To-day, P. J. McCormick will' begin sending a large working outfit from Los Angeles and San Francisco to grade on McMurtry & Stone’s contract south of Guadalupe. Mr. McCormick was seen at the Palace Hotel last evening. He said the comple- tion of the proposed work would c: the road within seventy miles of anta Barbara. He expects to have 150 men with a full complement of mules and scrapers at work next week. No material blasting will pe required on his contract, but the filling in and embankment work will be quite heavy. Goodyear?Welt) Shoes. 4 Smooth ~ bottoms next the feet,—no wax, no tacks, no nails. g Pliable, easy, comfortable,— just like hand-sewed shoes. Are repaired same as hand- sewed shoes. Fit better than hand-sewed shoes. Less likely to rip than hand- sewed shoes. Goodyear Welt Shoes. 2@ Goodyear Welts are LEATHER shoes — not rubber. ISmVEBY BESTONETOEXAMINE YOUR them to Spectacles or E; oot of s own Invention, whose with instruments of has superiority has not been equaled. My success Beb o o0 the merits of my work. Office Hours—13 to 4 P. . Diamond Brand. 3 ENNYROYAL PILLS Original NEW WESTERN HOTE- EARNY AND WA SHINGTON m-a modeled and European plan. m'swwuk,unm per month; iree hot and cold water every room; fire grates room; elevator runs all night.