The San Francisco Call. Newspaper, August 24, 1895, Page 3

P — PACIFIC COAST NEWS, Dr. Case Arraigned for Murder at San Jose. ELEZER FROST'S DEATH. An Effort to Fasten the Re- sponsibility for the Poisoning. ECCENTRICITIES OF THE MAN. Insisted on Mixing His Medicines in Spite of the Physician’s Warning. SAN JOSE, CAL., Aug. 23.—The prelimi- v examination of Dr. ¥ arge of manslaughter fore Justice Dwyer thi se is charged with havi ath of Elezer Frost on nistering poison in the the sick man. selin, a grandd ased the 15 by ad- icine he c t ( She told how 1 the stove 1t the next aved them had thrown her grandf a bottle and they e Coroner. her father was a 1ded man and always made v his orders. For two previous to his death he was in the habit of mixing his He would take a half icines, mix some of each e the dose. He thought zood in one medicine and nother he could mix them to- gether get the benefit of all. Dr. Case had oft ned him against taking two or three medicines together. The witness Frost to mix Ayer's sarsapa- Mexican tonic and syrup of figs, but had never known him to mix powder medicines. Mrs. Dora Frost, the widow of the de- ceased, was on the stand this afternoon. She said she had followed $he directions of Dt. Case in administering the powders. At Dr. Case’s last visit her husband had asked him to give him a good dose of mor- phine, so he could rest easy. He suffered intense pain during his_sickness and slept but little. Dr. Case gave him a powder composed of morphine and quinine, s ing the quinine would stimulate the heart 1 the morphine ease the pain. During Frost’s sickness he had been in the habit of eating anything he pleased, and on one a on ate some strawberry icecream. The witness said Dr. Case gave him an in- jection of morphine, but thatdid not seem 16 religve any. The examination was continued until {o-morrow morning. J Reynolds this morning made an the physic T three ye ill. He w own med y ord ing the bonds of Mrs. Dora Frost ? d Mrs. Sarah Wissman, executrices of e estate of Elezer Frost at $50,000 each. Ten days were allowed in which to tile the bonds. FOUGHT WITH A CONVICT. Attempt of an Opiwm Fiend to Escaps From Prison. SAN JOSE, CaL, Aug. 23.—Deputy Black obtained information this that opium was being passed in do, afex-con\'ict who is in the county jail for two ehiarges of petty larceny. “Jailer Gardner and Black brought Qui- jado into the office and began to search him. Quijado objected to being searched and made a break for a piece of gaspipe tiat was in the corner of the room. Black and Gardner used their clubs freely, and gfter a few minntes’ fight, during which er's club was broken, Quijado was ed and submitted to being searched. persou was found a large quantity 1 and a knife. He will spend the week in the dungeon on bread and jado is one of the most desperate men confined in this jail. While in San n he made an attempt to escape by g the bricks in the wall of his cell. ] scaped fron: the branch jail at Alum Rock a few years ago, and will have to X m there when his’ present that had Quijado secured the piece of gaspipe the ve had to kill him to keep - /him from escaping. He has often boasted that he would leave the jail before his time. "FEE LAW STAINED. Clerk Pfister’s Demand for $190 Upheld by Judge Reynolds. SAN JOSE, CaL., Aug. 23.—Judge Rey- noids this morning rendered a decision -that is of more than usual interest and one that sustains the fee bill passed by the last Legisiature. A dew months ago M. Malarin, a capital- ist of Santa Clara, died, and his will was admitted to probate. The estate was appraised at $193,000, and when the eppraisers presented their inventory for - ‘filing Clerk Piister demanded $190 fees, as prescribed by the new law. The executors @ 2sed to pay the fees and commenced a mandamus proceeding to compel the cl to file the inventory under the old jaw,in which event the fees would bave amounted to 15 cents. < Judge Reynolds denied the motion for & mandamus, saying that if he granted the motion he would have to declare the act urconstitutional and made the following er: his court is unwilling to declare an act nstitutional on an ex-parte motion. pver, the clerk does not file the papers; @ filing §s an act of the court, and the court 1 not mandamus itself. If such order is to e it must come from the Supreme Court. Tnpremc Court is therefore the only WANT MORE PAYX. Laborers Refuse Work on Ditches for Water Mains. SBAN JOSE, Can., Aug. 23.—The con- tractors who are laying the pipes for the town water works at Santa Clara are ex- neing a good deal of difficulty in get- g men to dig the trenches at 2 cents per OQut of seventy men who reported work yesterday morning only six went work, five of whom quit before 10 o’clock. The other man stayed -with the job.until he had earned $1 and then quit. The trenches are 2 feet 9 inclies deep and the men think that 2 cents per running foot is too small pay. The contractors claim that a good man can earn $2 per day. It is thought that the contractors will have to raise the price in order to get the work done. NORMAYL SCHOOL I_\'STRUCT‘}BE. Professors Wayne P. Smith and Stephen A. Jones Secured. AN JOSE, CaL., Aug. 23.—The execu- £i%¢ committee of the.board of trustees of the Stete Normal School has elected Pro- fessor Wayne P. Smith of the Chicago University as professor of psychology and Professor Stephen A. Jones of the State University of Nevada as instructor in pedagogy. _ . 7 Professor Smith during the vears 1893-94 was insjructor in Latin and modern lan- guage and gave courses in psychology and pedagogy in Central College and Normal School at Central College, Ohio. The past year he spent as a graduate student in the department of philosophy and pedagogy of the University of Chicago, pursning ad- vance research work in psychology and philosophy. In November, 1894, Dr. Smith was appointed lecturer, and in January, 1895, honorary fellow in the same depart- ment. Professor Jones has been president of the State University of Nevada since January, 1890. A graduate of Dartmouth and a suc- cessful teacher for many years he has studied and traveled extensively in foreign countries. SPIRITS IN THE Strange Hallucination of a Rancher Near Los Gatos. SAN JOSE, CAL., Aug. 23.—Edward Sul- livan, an eccentric rancher who inhabits alittle cabin in the mountains near Los Gatos, is keeping neighboring rancbers in a state of uncertain fear by his strange hal- lucinations. Sullivan imagines that a mysterious personage inhabits every tree trunk on his littleranch and that for every tree that is felled on the place a human life is sacrificed. For hours each day he can be seen going from one tree to another TREES. {-and communicating with its supposed in- habitant. Recently a neighboring rancher named Sabin swore out a complaint charging Sul- livan with igsanity. Sullivan was taken to San Jose by the local authorities and quar- tered in the County Jail for a month Fend— ing an examination as to his mental ¢ dition. He was released about a week ago, since which time he has been tending to his recently neglected twenty acres of wood land in the mountains and repairing the damage incident to his month’s ab- sence in jail. Sullivan went to Los Gatos yesterday for the first time since his release, and those familiar with him could scarcely recognize the man. His long, shaggy beard had met the jail's tonsorial artist and his hair was tightly cropped to his head. 3 I do not like life in_ jail one bit,” said Sullivan yesterday. “It's a horribe place. They kept me there a month and then turned me loose. Iam going to move out of the county where no one can bother me and where I can talk with the atmosphere. Say, do you know its pretty tough for my neighbors to come to my place and cut | down my trees in my absence and kill all my friends—cut them in two with an ax. Why, when I came home I found spirits all about the cabin, cursing me for letting strange people chop them up.” Sullivan is furious over the wholesale “murders,” but as yet his madness has not done any particular damage, save that of making his neighbors a trifle of med- dling with his affairs or coming in very close contact with his premises. SAN JOSE, CAL., Aug. 23.—Deputy Sher- iff Black to-day arrested Ed Cummings on a charge of forgery. Cummings went into Newby’s bicycle agency on West Santa Clara street to buy a wheel. He selected one and presented an order signed by D. | C. Smith, an employe of the San Jose Cold Storage Company. Newby did not like the iooks of the signature and telephoned to Smith to see if the order was good. Smith telephoned back that the order was a fc rery. Cummings left the place, and heriff's office_ was notified. Deputy | Sheriff Black found him at his home on | Montgomery street, and he was locked up on a charge of forgery, H. C. Newby being the complainant. Clothing Company Incorporated. SAN JOSE, CaL., Aug. 23.—Articles have been filed in the County Clerk’s office incorporating the T. W. Hobson Company. | The object of the company is to buy and sell clothing and carry on a general tailor- ing business. The capital stock is $150,000, divided into 15,000 shares, of w{)ich $41,500 have been subscribed. The following are he directors: T. W. Hobson of San Jose, W. B. Hobson, San Jose; W. D. Tisdale, Los Gatos; lliam - Ginty, San Jose; . N. B. Brackett, Josiah W. Chase, Henry Curtner, Warm Springs. Suit to Recover a Toan. SAN JOSE, CAL., Aug. 23.—J. A. Belloli to-day commenced suit against Margaret T. Barry, Mcllie E. Arrick, W. C. Ken- nedy, Henry Case et al., to recover §600 due on a promissory note made December 29,1892, with interest at 8 ver cent. The note is secured by a mortgage on.nine lots in Mace’s Addition to San Jose. A Ferdict of Accidental Death. SAN JOSE, CaL., Aug. 23.—Coroner Secord held an inquest this morning over the body of George Davenport, the eight- year-old boy who was run over by a wagon yesterday noon and instantly killed. The jury exonerated Jobn Pierson, the driver of the wagon, of all blame, and rendered a verdict of accidental death. Looted by Thieves. SAN JOSE, Car., Aug. 23.—Thomas F. Chatfield, who resides on Moorpark ave- nue, 1n the Willows, reported to the police to-day that his house was entered by thieves last night and looted of some cloth- ing and a 22-caliber rifle. MR, BUDD WALKS ABOT, An Evidence That Strength Is Returning to the Sick Man. Alarm Caused by a False Report That He Had Recelved a Setback. STOCKTON, Car.,, Aug. 23.—The re- port that Governor Budd was worse is absolutely without foundation. A San Francisco newspaper man called to see him, and was denied admittance to his chamber, as is every one else outside of the family,and it is thought the story grew out of this. Numerous inquiries from anxious friends have been received by telephone this afternoon after the re- port was circulated as to his being so much worse. Instead of being worse the Governor is better. This has been his *‘banner day,” for he was strong enough to put on his trousers and walk about the room a little without fatiguing him much. Yesterday he essayed to walk, but the exertion was too great. Last night he did not sleep well, and secured no rest until 3 o’clock. This made him appear a trifle fatigued this morning, but he brightened up as the day wenton. The Governor managed to eat some toast and boiled eggs to-day for the first time since his illness. He continues totake the milk punches with raw eggs beaten up in them to strengthen him. The Governor's mother said to-night that she was well pleased with his prog- gress, and- especially with that made to- day. It is slow but steady. He is still very weak, but to-day’s effort indicates that this is passing away. e FATE OF A SAN ARDO MURDERER. William Youmg to Be Hanged at San Quentin October 25. SALINAS, CAL, Aug. 23.—William Young was to-day sentenced by Judge N. A.Dorn to be hanged at San Quentin ?l’i!ofl October 25, for the murder of Pierre T THE SAN FRANCISCO CALL, SATURDAY, AUGUST 24, 1895. E— Men’s Hose! closing time to-night, (4 ! Per Pair. Boys’ Windsors! ing time to-night, &z Hundreds of dozens of our Finest Silk - Finished Bal- briggan Hose, in tans and fast blacks, a little wet—till 1000 dozen Scotch Plaid Windsors, that got a little damaged by water—till clos- Our Very Finest Men’s Suits and Overcoats Going Men’s ing—till closing time night, & Underwear Men’s Random Wool Under- wear, that got a little soak- to~ for a Mere Song. Our - Finest Grades OF MEN’S UNDERWEAR, NIGHT SHIRTS, DRESS SHIRTS and NECK- WEAR, that got a little 'bit damaged i by water, going for a mere song. Men’s Suits! Hundreds of our pretty Blue and Black Cheviots, made in the double and single breast- ed style, up-to-date gar- ments, that got a little wet —till closing time tc-night, Men’s Trousers! HUNDREDS OF PAIRS OF Worsted Trousers, In neat stripes, that got a little wet—till closing time to-night, ‘ rd e Store Opens To-dayato A. M. and Closes at 10:30 P. M. RAPHAEL’S INCORPORATED), 9,11,13 and 15 Kearny Street. ‘land 0-NIGHT THE CURTAIN W ILL BE RUNG DOWN UPON ONE, OF THE GREATEST BARGAIN FESTIVALS SAN FRAN=- CISCO HAS EVER HAD. TWO FLOORS OF OUR BEAUTIFUL STORE WERE VISITED BY A FLOOD ON SUNDAY, AUGUST 11, WHICH DAMAGED, GOODS TO SUCH AN EXTENT THAT THEY COULD NOT BE SOLD IN ANY OTHER MANNER EXCEPT AT WE REALIZED IT; WE OFFERED THE GOODS TO NEXT-TO-NOTHING PRICES. PRICES. THE PUBLIC AT NEXT-TO-NOTHING= OUR FINEST GOODS WENT FOR A MERE SONG. That the people have appreciated it, that they have embraced the opportunity of getting goods almost for nothing, can be plainly attested by the fact that we were and fifteen times a day. TO-NIGHT ENDS IT. compelled to close our doors ten Our Board of Directors held a meeting and gave forth the edict that we should make a peremptory sale of everything on the first and second floors. Goods have been sold for a song ; same way. We have obeyed it. they’ll be sold till to-night the To-morrow our store will go into the hands of carpenters, painters, gilders, decorators and plumbers, who will again restore the big store to what it always was, the most beautiful mercantile institution on the Pacific Coast. Till then you can own our nothing prices. The Very Choicest of Boys’ and Children’s Suits Overcoats at | |Next to Nothing Prices. Men’s i time to-night, ! x——— Suits! | | Alpine Hats, That very popular Hat—about | aged by water—till finest goods at almost next-toe Boys Hundreds of Suits for Boys between the ages of 4 and 15 years, Stylish Colorings. They got a little wet—till closing time to-night, Big Boys’ Suits! A whole lot of our Long Pants Suits that got a little wetting, for lads between the ages of 12 and 19 years, the ones wearing long pants; we’ve bunched ’em all to- gether and say till closing time to-night your pick for = # ] 4 closing at a little wet—ti I l 500 dozen of ’em, slightly dam- l i Boys’ YachtCaps. Hundreds of dozens of pretty little Yacht Caps for Boys, got Lto-nightthey’llgoat - - = z ill closing time i =y ARGUMENTS AT SEATILE, Northern Pacific Receivers At~ tacked by Ex-Senator Sanders. The Principal Fight Made Over the Jurisdiction of Judge Jenkins. _— SEATTLE, Wasg., Aug. 23.—In the fight of the Northern Pacific Railway Company to oust Receivers Payne, Oakes and Rouse, in the United States District Court to-day, ex-United States Benator Dolph of Oregon finished the argument begun yesterday. Dolph was followed by ex-United States Senator Sanders of Montana for the rail- road, and he 1n turn succeeded by United States Senator Mitchell of Oregon. The question of the jurisdiction of Judge Jenkins in the original case has practically been the only one touched upon so far. Mr. Dolph held that the rule of comity, justly applied, requires that if for any reason the Circuit Court for the eastern district did not become a court of primary jurisdiction the Circuit Court for the western district of Wisconsin should be held to be the court of primary jurisdic- n. mih. Sanders urged upon the court the necessity of putting men in charge of the road who live along its lines, and not men from New York, who are almost foreign in knowledge of Northern Pacitic affairs. The arzument will not close before to- morrow, when ex-United States Senator Spooner of Wisconsin will probably close for the receivers. VAST TRACTS LAID WASTE. Ravages of the Forest Fires Throughout Washington. SEATTLE, Wasn.,, Aug. 23.—Recent light rains have in some measure checked the forest fires which have been raging in Lalestire at San Ardo, on March 22,1894, |the Cascade Mountains and adjacent country. The smoke has partially cleared, but it will be some time before accurate estimates of the damage can be made. In many sections of the Sound country vast reaches of once forest-clad mountains can now be seeq to have been stripped and laid waste, while other strips extending from the valleys to the mountaintops are visible, and in some sections whole moun- tainsides and valleys are denuded of their wealth of evergreen. The destruction of the timber is lamentable, and at one time, from latest reports, there appeared grave trouble ahead for whole communities in the lower SBound country. Much cordwood and logs were burned, and considerable loss will probably be found to have re- sulted to farmers and millmen when a thorough investigatior is made. The grand total of damages in Western Washington by the destruction of standing timber alone will amount to hundreds of thousands of dollars. NOT A FILIBUSTER. Rumors Concerning the Overdue Schooner Vine Groundless. SEATTLE, WasH., Aug. 23.-~The non- arrival of the schooner Vine, which left San Francisco twenty days ago for this port, has spread the report that the al- leged loading of the vessel for Seattle was a blind, and that the schoover, while ap- parently loading freight for this city, was really preparing for a filibustering_expedi- tion to the Hawaiian Islands. Baker & Co., the consignees here, however, laugh at the insinuation and say the schooner is under a charter to carry lime from this port to Los Angeles. FIRE NEAR SANTA CRUZ. One of the Best-Equipped Cheese Faoto- ries in the State Destroyed. SANTA CRUZ, CAL., Aug. 23.—The fine creamery and cheese factory on the Wil. liam Kerr ranch, on the San Jose road, one and a half miles from this city, burned to the ground at 12:30 o’clock to-day. The men employed in the factory while at dinner saw flames issuing from the roof. They hastened to the dairy-house, to find it ablaze. Fearing an explosion from the boilers, none entered, and nothing was saved. The entire contents of the building were destroyed, including the books and papers of the firm, a fine cream-separator and the usual dnir{ apparatus. There were 700 cheeses on hand, which burned and boiled in the fire. The dairy-house had just been completed and was under the management of C. B. George, A. C. Reed and W.J. Hamilton. It had the latest style of dairy furnishings and was run by steam. The loss is esti- mated at $4600, with an insurance of $2600. Rii el MADERA ARSON CASE. Achille Fournier Bound Over to the Nu- perior Court. MADERA, Car., Aug. 23.—The prelim- inary examination of Achille Fournier upon a charge of arson was concluded to- day at 1 o’clock, when the court held the defendant to answer before the Superior Court. The examination has been in progress since last Monday. During one stage of the proceedings the defendant broke down and wept and the court had to take are- cess until he could control himself. The defense attempted to prove that one John Noble had attempted to suborn wit- nesses for the purpose of convicting Four- nier. Noble is the same man who induced Anderson to make a statement in the jail imphcating Fournier in the commission of the offense. Fournier was a witness in his own behalf ard gave an account of his actions on the night of the conflagration, stating that he had e to El Paso, Tex., to escape from a mob and had returned to Madera as soon as the unlawful feeling against him had subsided. The theory of the defense was that the fire took place by reason of ashes being laced in the rear of the Tribune office rom the steam-engine that was used to run the printing press. pbTIAn R TULARE COUNTY’S SUIT. Aan Appeal to Be Taken From Judge Webb’s Decision. VISALIA,CaL, Aug. 23.—Judge Webb of Fresno presided in the Superior Court this morning in place of Judge Gray, while the case of Tulare County vs. E. A. May, Treasurer, and John Broder, J. W. Fewel, C. G. Wilcox, Thomas E. Clark and W. M. Dewitt was being heard. Thisis the case instituted by the Supervisors to enjoin the County Treasurer from drawing warrants for salaries for certain deputy county officials. The demurrer of the defendants was heard this morning and sustained on the ground that the complaint did not state facts sufficient to constitute cause of action. The plaintiff refused to_amend the com- plaint, and the case will be appealed to the Supreme Court on the Judge's decision. sl M Santa Barbara Suffrage Club. SANTA BARBARA, CAL,, Aug. 23.—The woman’s suffrage speaker, Mrs. Heiter A. Harland, State organizer, addressed an audience of 200 here last night. The Santa Barbara Suffrage Club was organized yes- terday with tgirty-five ‘members. TS, Mary A. Ashley is president, Dr. Belle Rey- nolds secretary, and Mrs. William Swain treasurer. Rev. Anna 8haw is announced to speak here in October. e COAST NEWS IN BRIEF. Condensed From Special Telegrams to > “The Call.” John Lawrence, charged with burglary, pleaded guilty at Visalia, waived time and ‘was sentenced to State’s prison for two years. The Humboldt beer hall at Santa Rosa was entered burglars Thursday night and robbed of in cash and a bottle of whiky. Santa Barbara citizens have started a crusade for a better water system. A committee has Dbeen appointed to act in conjunction with the City Council in providing ways and means. Mrs. Anna E. Middleton of Woodville has been committed to the Stockton asylum. Financial troubles were the chief cause of her insanity. She had been in the asylum before. A 10-year-old daughter of J. K. Hansen of Salinas'was run over by a wagon and killed. While returning home from school she climbed upon a wagon loaded with grain and fell be- neath the wheels. A warrant was issued by Justice Crane of Sants Barbara on a complaint sworn out by Louis Romero, scharging W. 8. Mesick with an assanlt with a deadly weapon. Romero claims that while passing through Mesick’s %llec the latter sf him with an ax, cutting his wrist severely. The Standard Lemon Company filed articles of incorporation at Visalia. The eomptn;owlll gow, ‘buy and sell citrus fruits and doall ings necessary for conducting the business olgrovln& citrus fruits. Its eapital stock is §75,000, divided into 300 shares. The princi- pal place of business is Lemon Cove, Tulare County. A caucus of Arizona delegates to the Na- tional Irrigation Congress has been called, to be held at ghcemx September 2. It is pro, to insist upon Pheenix as the place for holding the next session of the congress, and work has already been begun to that end. B - i An Aged Watsonville Thief. SANTA CRUZ, Cavn., Aug.23—John H. Right was brought up from Watsonville to-day to serve a sentence in the County Jailéor stealing buggy robes from carriages hitched along the streets. Right, whoisa very old man, was reléased from the County Jail about a week ago, after serving a gentence for stealing buggy robes in this city. ROYAR. Baking Powder Absolutely Pure FREE AS AIR Dr. McKenzie’s Catarrh Cure Can be Had at Joy’s. The celebrated Catarrh Cure of Dr. McKenzie has made a name for itself in | the remote places of the Globe. Hundreds To prove its efficacy, FREE To prove its merit. CALL for free sample or treatment. of testimonials by rich and poor attest the value of this Catarrh Cure. To prove its relief, To prove its worth, A SAMPLE will be given to you free, The more chronic the case the better. E. W. 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