The San Francisco Call. Newspaper, August 26, 1895, Page 12

12 THE SAN FRANCISCO CALL, MONDAY, AUGUST 26, 1895 DURRANT WAS EXCITED, | Statements Made by Him Do | Not Agree With Those | of Witnesses. FLURRIED OVER HIS ARREST. Two Young Men Who Say They Saw Him Up Town on the Night of April 12. THE DURRANT CASE IN A MINUTE—TO RE- SUME THE SEARCH FOR JURORS. The sixth week of the Durrant trial will be entered upon this morning, with three more | jurors to secure before the box is filled and the | introduction of testimony begins. Two hun- | dred citizens have been summoned on the reg- | ular venire, and it is confidently predicted | that the necessary twelve will have been se- | cured ere the week is over. | Since the last recess two witnesses for Dur- | rant have been made known and their state- ments secured. They are Marius Burnett and | down, and was passing quite & number of on Pacific evenue, between Polk and Van Ness, | at 8:25 P.M.on Friday, April 12. From the | armory we went to Polk, along Polk to Sutter, | along Sutter to Larkin 1o Market street, along | Market to Powell street. Had a drink in the Louvre, and after leaving the Louvre we met | Judge Groezinger in front of the Elite gallery— | and then we saw Durrant. That was between 9and 9:45 . M. He was walking west with a book in his hand, on the north side. He wore a dark long overcoat and & black soit hat, and was not looking at any one. He held his head er- sons by his fast walking. After passing Dur- | rant, we met Judge Groezinger again in front { of the Elite gallery and stoppe | with him about fifteen minutes. and talked We then walked down Market street toward Kearny street and up Bush to Norman’s saloon, and remained there about five minutes. Came out again, and went down Bush to Kearny, and we then looked up at the Chronicle clock and, it being quite 9:45 p. M., we went home. That is all we recollect. In Durrant’s statement given to the re- porters for the morning papers on the night of his arrest_he is quoted as saying that he arrived at Dr. Vogel's house on the night of the murder of Minnie Williams at about 9 o’clock. Either Durrant’s state- ment in this regard is not true or the evi- dence of Burnett and McPherson will amount to nothing. It was not possible in the nature of things that he could have been at Dr. Vogel's house at 9:15 o’clock and on Market street, near Poweil, walk- ing rapidly west at the same time. Gen- eral Dickinson is inclined to think that his client was somewhat flustered at the accumnuldtion of events upon Durrant’s head on Easter Sunday, and that he could not be expected to be exact as to the mat- ter of time. Heisinclined to think that A WHITE FLEET AFLOAT, First Midsummer Interclub Yacht Regatta on the Bay Yesterday. THE RACES WELL SAILED. J. M. Macdonough’s Yacht Jessie Was Awarded the Schooner Class Pennant. The Interclub Yacht Regatta yesterday drew all the fleet sailers out on the bay, and long before the racers started away a cloud of white canvas was fluttering here and there over the harbor. A good sailing wind blew in through the Golden Gate steady all day, and strong enough to keep the lee rails under the water and the weather swell of the graceful hulls rolling up in the sunshine. Above the small-fry fleet loomed the three noble schooner-yachts, the Jessie, Ed B. McPherson, and will testify that they | Durrant did not reach Dr. Vogel's house p Lurline and Ramona, with sheets taut aft, saw Durrant on Market street, near Powell, at until 9:30 o’clock, and he refers to the close-hauled and spreading alow and aloft {fourteen miles of the contest. The racing length of the Jessie gave the Ra- mona 15 minutes time allowance and the Lurline 3. Each vessel was sailed by her owner and it was expected that these ex- perienced yachtsmen would lose no breath of the smart breeze that was humming over the bay. The Ramona parted her balloon jibsheet and droppln:g far to lee- ward drew out of the race. The Lurline, which started nine minutes behind the Jessie, was shortening the distance be- tween them when the first half of the twenty-eight miles was completed. The Jessie wore around on the starting line and took the back track, tacking away toward Fort Point. The Lurline, how- ever, continued on toward the Scuth Hampton shoal stake-boat, J. D. Spreckels believing that the course continued on in that direction. The Jessie, it may be men- tioned, had made the same mistake, but recovered herself and came about before gomg far. She was well over toward Sausalito when, seeing the Lurline going in another direction, she wore around and returned to the judges’ tug, where Mr. Macdonough was’ told that he was all right and that he should go ahead. The result was that the I‘udges of the regatta held that the Luriine did not sail the course, and the schooner race was awarded to the Jessie. In class 3 the time of the Speedwell was 3 hours 12 minutes 56 seconds; El Sueno, 3 hours 15 minutes 38 -seconds; Elia, 3 hours 22 seconds; Clara, 3 hours 31 min- utes 22 seconds. Class 4—Harpoon, 3 hours 22 minutes 48 seconds. Class 5— Sliepner, 4 hours 36 minutes 45 seconds; Truent, 3 hours 51 minutes 14 seconds. Class 6—Flash, 4 hours 28 minutes 34 ter | MRS, DODGE'S LITIGATION, Failed to Beat a WIll Case as Trustee of Her Father’s Bonds. ENTAIL PRINCIPLE INVOLVED. The Property Was to Go to the Great-Grandchildren of Jones Dyer. . Mrs. Josephine Dodge, who, with her son Arthur, took morphine pills at San Rafael with suicidal intent, after harboring some idea of suicide for nearly a year, im- pelled thereto by poverty, has one rea- son for their despondency which might not have come out but for the incidents of last Wednesday night. The reason involves pecuniary matters and indicates what they had depended upon for a subsistence previous to last December. On the 22d of that month the Supreme Court of this State rendered a decision FULL - SAILED FLEET 9:15 o'clock on the night Minnie Williams was | murdered. This will jer with Durrant’s state- nt that he was at Dr. Vogel’s house that | evening at the Christian Endeavor meet- from 9 o’clock on. This discrepancy is ex- plained on the ground that the prisoner’s mind Wwas in 8 Tiotous state_consequent on his arrest | at the time he made it. William Henry Theodore Durrant will | enter upon the sixth week of his trial this | morning,with nine jurors in the box and | three more to be secured. Two hundred ve- niremen have been summoned to appear, and one-half of them will do so at10 o’clock to-day, and if the needed jurors are not secured from their ranks the other hun- dred will appear Tuesday morning. After that, if more jurors are needed, the Sheriff will be ordered to summon a special venire and will go outinto the body of the county, choosing whomsoever he pleases to answer as to their qualifications. It is hoped and confidently predicted that the three jurors will be secured ere the end of the week and that the real trial will begin on Monday morning next, when the District Attorney will deliver his open- ing address and the prosecution will begin the introduction of evidence. How much time will be consumed from the delivery of the District Attorney’s opening address until the evidence and the fate of the pris- oner is finally submitted to the jury is merely a matter of conjecture, but the | most sanguine do not put it atless than a | month. The prosecution has at least twenty-five witnesses who are known to the public. How many more it is holding in reserve until needed is known only to those on the inside and they will not tell. It is safe to say that a dozen or fifteen more may be counted upon. Couusel for the defense state that they have just about fifty wit- nesses to bear up their side of the case, This makes from seventy-five to ninety witnesses to be examined, cross-examined and re-examined and no onecan predict, not knowing what over half of them are expected to testify, just how long each one vuifie be on the stand, what will be the average of time occupied by each or how long it will take to finish with them all. It would seem, however, that the estimate of a month is much too low. Two months would be nearer the mark. Since the adjournment of court last Fri- day the usual crop of stories concerning the movements of Durrant at critical times has been gathered daily, and yesterday was no exception for the rule, two new witnesses being announced for the de- fense. L Their names are Marius Burnett, 318 Pine street, and Ed B. McPherson, 1608 Polk street. General Dickinson is quoted asstating that their testimony is important despite the fact that they state that it will contradict the statement made by Durrant on the night of his arrest. The police, as well as the attorneys for the defense, have been aware of the existence of these wit- nesses for sometime as iufl)roved by a state- ment given by them to Detective Charles F. Cody on April 16 last, four days after the Williams murder. That statement is as follows: Marius Burnett, 318 Pine street, and Ed. B. McPherson, 1608 Polk street, state that they left the armory of the Light Battery, situated | ing hurriedly in the direction of the Vogel ROUNDING [Sketched by a “Call” artist.] testimony given at the Coroner’s inquest | by the young people who had gathered in the Christian Endeavor meeting at Dr. Vogel's house that night. They all testify that Durrant did not reach there until at least 9:30 o’clock. Another point where Durrant’s state- ment will conflict with the theory of the defense is pointed out. In that statement he held that on the night of the Williams’ murder be had started for the Second Reg- iment armory on Page and Gough streets and took the Mission-street car instead of the Valencia. When the car reached Fourteenth street he changed his mind, jumped off and proceeded in the direction of Howard street, turning there and walk- residence. Now General Dickinson is of the opinion and the line of defense will be that he did start for the armory, but, instead of a Mis- sion-street car, took & Valencia-street car to go down town, but that he did not get off at Fourteenth street for the reason that he was so absorbed in reading the account book of the treasurer of the Jhristian En- deavor Society that he did not notice the street until he had passed some distance bevond the armory. How, if Durrant was at Page and Gough streets at that time, about 8 o’clock, and hastened to the Mission and Dr. Vogel's house, he could have gone so far out of his natural way as Powell and Market streets, especially when he knew he was late for the Mission, is not stated. The murder of Minnie Williams was committed between 8and 9 o’clock in the evening, and had Durrant_committed it he could have reached Powell and Market street at the time stated by Messrs. Burnett and Mc- Pherson, and did he catch a Valencia- street car immediately afterward or a Mis- sion-street car he could have reached Dr. Vogel's house close to 9:30 o’clock. One of the witnesses, Elmer Wolf, stated at the Coroner’s inquest that it might have been a quarter to 10 o’clock when Durrant put in an appearance at Vogel’s. Taking all this for what it is worth, the defense will insist that Durrant had the treasurer’s book of the Christian Endeavor Society in his hand when he entered the Vogel house. This piece of information came to the ears of Captain Lees yester- day and in order to see what there was in it he detailed Detective Seymour to see some of those who were present at that meeting. Mr. Seymour returned about 8:30 o’clock last evening and reported that he had seen Dr. Vogel, Mr. Vogel 8r., and Miss Daisy Wolf, president of the society. The elder Vogel stated that he had let Durrant in on that night and had seen no such book in his hand¥. Dr. Vogel was also as positive that he had seen no such book, or any book, or anything in Dur- rant’s hands. Miss Daisy Wolf was of the same opinion and she said that as soon as Durrant entered the room he shook hands with all those present. There was $12, which was the net profit on an_entertainment that had been ?lven by the miefiy‘ and Miss ‘Wolf had placed it on Mrs. el’s mantel- Exece. Durrant took it, Miss Wolf telling im to turn it over to George King, the treasurer. Later in the evening some of the members paid in dues to the amount of $3, which Durrant also took. That money is now in an envelope in the possession of General Dickinson and it is entered on the treasurer’s book, also in his possession. < Highest of all in Leavening Power.—Latest U. S. Gov't Report Roal Baking Powder ABSOLUTELY PURE great billows of spinnaker, balloon and gafftopsail when running free. To old- time yachtsmen it was as one of the past days, when yawl, plunger, schooner, cut- ter and scow crowded the racing line and plowed up the bay in foam-flecked furrows at the starting signal. The El Sueno and Harpoon, spoon- shaped and speedy, went side by side with the slatsail Whirlwind that reminded one of far Cathay, and the stubby Flash, that was as sprightly as she was homely. The peculiar course marked out by the regatta committee, and a misunderstand- ing of the directions, led the Lurline around the wrong stakeboat, and lost to the re- gatta the prettiest contest of the day. The Ramona, while stretching away under a wide vress of white sail for the northern turn of the course, lost the use of her big balloon jib by the parting of the sheet. The great triangular canvas fluttered fur- iously in the breeze, and the graceful ves- sel’s headway was deadened preceptibly. It was a painful moment, especially for her people, as the dark hull of the Lurline was coming up close astern with each sail drawing full, as . though hardened into a smooth and perfect concavity. The hap- less Ramona was unable to hug the stake- boat, being obliged to keep off running be- fore the wind while she securei her re- bellious canvas—an unavoidable manou- ver that let the Lurline plunge around the turn, cutting the white schooner out. The Mignon snapped her gaff and passed out of the contest with the fractured spar swmgim; listlessly in the wind. The junk-like' Whirlwind rolled and pitched and swung herself around in the most unyachtly antics until ber red- shirted skipper reefed a couple of slats and steadied her down to the behavior of a sober, self-respecting yacht. At 11:30 A. M. the tug Vigilant took her station at the end of Powell-street wharf, and the following yachts in turn crossed the line: ] 83, 52 £5 P il S Eaetn g. & a‘g";: < i B: 4Bo82: 8 g 5i 852518 F: 2 2 3 e ] g s EE H oF - < g 88'9L The first tack was off toward Sausalito, thence goung about and reaching in to Black Point. The next tack brought the craft in a position to turn the stakeboat near Fort Point, when came the pretty maneuver of squaring away before the wind and swinging aloft the ‘lllight sails. The Lurline was remarkably quick in get- ting her canvas on,and as she passed around her foresail swung 'm‘i‘o:d. wing, watersails flew out under the boom and gaff and balloon topsails went up like clouds. Notwithstanding the crowding of S0 many racing and outside vessels to- gether they threaded their way among each ‘other” without a single accident or collision. . [} At the end of the smaller yachtrace the three schooners entered into their second THE SOUTH HAMPTON SHOAL SBTAKEBOAT. v seconds; Major, 4 hours 54 minutes 34 seconds. The other yachts failed to sail the course. REV. MR. GIBSON EXPLAINS. The Pastor of Emmanuel Church Finds Cause for Satis- faction. Emmanuel Church, in which the double tragedy took place, was packed last night even beyond the ordinary limits allowed by the fire ordinances. The aisles were lined with rows of chairs, and still more chairs were placed in the two entrances and around them in the vestibule, until it was difficult to pass in or out of the church. An immense floral crossstood behind the pulpit, which was occupied by the Rev.J. George Gibson. Mr. Gibson preached on “Broken Plans.” He began with childhood, showing how the youngster builds a castle and it is broken down. The boy enters college with high ambitions, but fails for some reason,and his plans are broken. The young man knows what are broken plans. Sometimes .they were broken by himself; sometimes by others. The Christian knows what they are; he frequently realizes when the night comes that his plans were broken. So the preacher continued, finding illustrations -u.n:‘li simple proofs of his proposition. He sald: “So it is with ourselves; we hide the broken things of our lives in our hearts. But what is the crowd that hisses between its teeth to tear down our reputation? Shall we break down? A thousand times no! ““It is never pleasant to be hindered by sin, but just as long as our plans are hin- dered from the outside, just as long we need have no sense of danger to ourselves. “I do not feel any sense of shame that the work of this church should have been hindered. “I do not see that we should have any sense of shame because our plans were broken from the outside. Terrible as it is when it comes from the outside, when false friends and enemies hinder us, it is not so bad as when our plans are broken by ourselves. I trust the devil will pay us the compliment to break our plans on the outside. That is to all of us a source of satisfaction.” STABBED BY A NEGRO. Trainer Murphy Gets a Knife in His Left Shoulder. William Murphy, a horse trainer at the race track who has charge of Thomas Tobin’s Esperance, is lying at the Receiv- ing Hospital with a stab wound two inches deep in his left shoulder. Murphy, early last evening, had a uarrel with Dan Reeves, another trainer. ves called to hls aid a negro named Brown, who a year ago severely cut a white man culleg Saul. The pair found Murphy at Carter’s saloon, near the race- track, and tried to pick a quarrel. Murphy and a friend who was with him left the sa- loon, but were followed to_the ‘‘Shannon’ by Reeves and -his negro friend. There a fight was started, during which the negro stabbed Murphy. The wound is not con- sidered dangerous. e Struck by a Car. Bamuel Leon, an aged Frenchman who is somewhat deaf, was knocked down by an elec- tric car at the corner of Pineand Kearny streets last evening. He was badly bruised about the head and face, but escaped serious injury. A Family Jar. GREAT AMERICAN IMPORTING TEA CO./S Stores are selling MASON FRUIT JARS which shattered all their hopes of mone- tary support. The decision was on an appeal from the action of Department 2 in the case of George G. Wmtneg' et al., minors, against Josephine H. Dodge. The father of Mrs. Dodge was Jones Dyer, a wealthy Maine lumberman, who had invested in the bonds of that State. He died in Philadelphia July 15, 1860, and left a will in which he bequeathed in entail to his daughter Josephine, in trust for the benefit of a granddaughter, Alice 8. Knight, and whatever children might be born to her, $12,000 worth of State of Maine bonds, the will to take effect on the death of his wife, Lydia Dyer. Mrs. Dyer died six years later, and on_the following Al:f\lst Josephine received the bonds under the terms of the will. The will, according to the holdings of the Califernia Supreme Court, was valid under the laws o? Pepnsylvania, and its validity was_ accordingly recognized here. By its terms the bonds were to go to the children of the E anddaughter, Alice Knight, at ner death, and they were to en- joy the interest and dividends until the youngest became 21 years of age, when the body of the fund was to be equally divid- ed between them. Her children were born after Mrs. Dyer’s death. She married twice, leaving two children, and she died in February, 1876. Mrs. Dodge moved to California and, ac- cording to the averments of the complaint, converted the bonds to her own use, an suit was brought by the children for the recovery of them. They were represented in the Superior Court of this county by T. M. Osmont, and Joseph Leggett defended her. Her attorney entered a demurrer on the ground that the provisions of the will were void under the laws of this State. The lower court sustained it. Supreme Justices De Haven and Fitz- gerald rendered the decision and re- versed the action of the lower court, holding that the demurrer should have been overruled and so directing. The main point at issue was strongly %mnght out in the following extract from their de- cision: It may be said, generally, that it would not be within the scope of a justand enlightened yubl(c policy to allow a trustee with trust unds in his hands, received under a will per- fectly valid in another State, toavoid the trust, appropriate the funds to his own use and defeat the beneficiaries by the simple device of coming to this State nnJ bringing the funds with him. We do not know that these are the facts in the case at bar; but they are alleged in the complaint and we are here dealing with the averments of the complaint alone. Our conclusion is that the demurrer should have been overruled. . It was the principle of entail, understood in legal language by the term ‘‘perpetuity,’” which Mrs. Dodge fought, and che relied upon section 715 of the California Civil Code to maintain her side of the con- troversy. According to it ‘‘absolute power of alienation cannot be suspended by any limitation or condition whatever for a longer period than durine the continuance of thelives in being at the time of the creation of the limitation or condition,” that is at the death of the testator. The court assumed that if the will had been made in this State it could not have been enforced, but having been made in Pennsylvania and involving the obliga- tions of a trust touching personal prop- erty created there, it held, under a gen- rule of law, that the disposition of the personal proverty should be governed by the law of the domicile of the testator and that mere removal of the trustee to this State would not make the will void. Attorney Leggett had contended that the laws of another State, when in con- flict with public policy, ought not to be recognized, and based his argument on the ground that the policy of State was npxooed to perpetuities. ccording to the court’s definition of the term ‘‘perpetuity,” taken from Ab- bott’s Dictionary, the only_ difference be- tween the laws of the two States was one of time, that of Pennsylvania allowing the entailment to extend for a longr period, and it recognized the policy of both States was opgoud :grrrpetnmu in the sense of the . It therefore f upon section 946 of the Civil Code. itive back NEW TO-DAY. RIBHONS! RIBBOND We have now on exhibition our complete stock of NEW RIBBONS FOR FALL 1895 and will offer this week 3000 pieces Super= fine Quality Satin and Gros=Grain Ribbons at the following LOW PRICES! No. No. No. No. No. No. No. No. 2 Natin and Gros-Grain Ribbon, 45¢ piece, 5e yard 3 Satin and Gros-Grain Ribbon, 60¢ piece, 6¢ vard 5 Satin and Gros-Grain Ribbon, 80¢ piece, 8i¢ yard 7 Natinand Gros-Grain Ribhon, $1.00 piece, 10¢ yard 9 Natin and Gros-Grain Ribbon, $1.40 piece, 15¢ yard 12 Satinand Gros-Grain Ribhon, $1.65 piece, 16:¢ yard 16 Satinand Gros-Grain Ribhon, $2.00 piece, 20¢ yard 22 Natin and Gros-Grain Ribhon, $2.50 piece, 25¢ yard 5-Inch Satin and Gros-Grain Ribbon, $4.00 picce, 40¢ yard The above Ribbons are in the very latest Fall Shades and at the prices marked are Genuine Bargains! EZ Samples of above goods forwarded free to any address. 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