The San Francisco Call. Newspaper, August 28, 1895, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 28, 1895. T “sasisagasmvesaion AUGUST 28, 1895 AMUSEMENTS. COALDIN THEATER.—« That Imprudent Young COLUMRIA THEATER—*Mask Before and Behind the Curtain.” MOROSCO'S OPERA-HOUSE—* The Coast Guard.” TIVOLT OPERA-HOUSE—“The Black Hussar.” ORPEFUM—High-Class Vaudeville. MACDONOUGH THEATER (OAKLAND) — “T00 Much Johnson.” -STREET THEATER.—*Capt. Cook,” com- g Monday, September 2. MECHANICS' FA1R.—Larkin street, near Market. BAY DIsTRICT TRACK.—Races. ETAZE BOARD OF TRADE EXnRIT.—575 Market etreet, below Second. Open daily. Admission free. CALIFORNTA STATE FAIR—Sacramento, Septem- ber2to 14. PICNICS AND EXCURSION and Faces; or, Auvgust OITY NEWS IN BRIEF, Justice Field visited the Federal courts for the first time since his arrival on the coast yes- terday. _South San Francisco tinue to show improve buildings. The Southern Pa “Sunset limited November 1. The woman st by Miss Shaw's thy he Potrero con- 1 the way of new will run two Comp: ns weekly each way after paign will be opened t Golden Gate Hall on Rafael read a of San f rist” at the In- Harry Wise'for a wine y ms that Wise went se- keeper Hetherington. has denied & new trial to »rd_murderer, who v election. money at the track s were Rayo, via and Craw- took the ts of the Merchants’ Asso- street, between Market 1l 'soon be paved with bitu- effor liary of the Goethe-Schiller tion is now fully organized eat preparations for the coming ial W. H. Hammon predicts for enther: “Partly cloudy; nearly s temperature; fresh southerly to winds.” ock of land near Golden Gate Park, od by Haight, Waller, Cole and Clayton been leased by the Market-sireet s discovered & process by of flowers can be instanta- xtracted, thereby affecting & saving per cent. Imann was fined $5 in Judge v for contempt, but ted, though the defendant missioners have sued out in- st the Truckee Lumber Com- t them from dumping sawdust ruckee River. -hundredth anniversary of St. An- aua was celebrated from Sunday ons of & crowd of locked-out lasters management of the Glanville Com- ¢, shoe manufacturers, to call in the police Otect their property. rs. Maggie Patterson, the drunken woman neglected her children, was yesterday sen- io ninety days in the Branch County by Judge Joachimsen. anting a nonsuit in the case of the r brothe: st Bridget O'Hara’s es- Hunt administered a se- com- e-Schil- ction with the ast meeting of the Goe Association. 1get Gilmore missed her footing and tairs in_her home, 24 Natoma street, and broke her nose, which was he Receiving Hospital. jey has brought suit for i ny for hay- | , unjustly . datt Pacific Co ppointed to super- g which is to be t Columbia square met At anzi last night. pal ownership of public adopted by the Union s last night,and & com- 16 organize clubs. the Sansalito Water Car- - progressing, &nd it will prob- about_the middle of October, sary funds be raised. lock, a talor at 111 Montgomery is declated by his creditors to be insol- ;re say «hat Block has assigned that he cannot be found. inance Committee held day in the Mills build- ding bill were paid, and the sed. They balanced to s cent. rtha Woldert has be committed to the im by the Insane Commissi . She has d, Alexander Woldert, and four chil. The youngest was born eight days ago. Dr. John M. Sims hes been committed to the Ukieh Asylum by the Insane Gommissioners. The cause of his mental derangement is said to be overwork and lack of proper nourishment. Chief Engineer Storey of the Valley road re- fo the directors yesterday that indica- tions led him to believe that the road will be finished to the Stanislaus River on contract President Fish's evidence in the Fox vs. it in Judge Seawell’s court was con- erday morning, and John W. cecupied the stand for the balance of Macka; the day. A process of cultivating and curing tobacco has ;: en perfected . D. Culp of San Felipe, which it is believed will, in & few years, make tobacco-growing one of the great industries of the State. H. Bernstein, a tailor living at 408 McAllister gtreet, while intoxicated yesterday morning, careened against a cable-car, near Polk street, ¢ fractured his skull. He was taken ving Hospital. Robert A, Friedrich, a stockholder in the Sunset Vineyard Company of Kings County, sileges that the vineyard has been misman- aged, and he has begun suit against the direc- tors to have an assessment declared illegal. A petition with over 500 signatures, repre- senting the shipping interests of the Pacific Coast, asking for the reinstatement of Professor George Davidson, will soon be presented to the authorities at Washington by Senator Perkins. John Digan, s proof-reader from New York, was robbed while asleep in a lodging-house on Dupont and Pine streets of $250, bis watch and diamond pin, and two men, one &n ex-convict, and a woman were yesterday booked for the theft. The Meanufacturers’ and Producers’ Associd- tion has deeided that it cannot indorse the proposition to build the new ferry depot of Marble, as it would be virtually putting California products in competition with each other. £. D. Ciprieo, charged with conspiring to de- fraud the Government by forging and uttering Chinese certificates, wasa witness in his own behalf yesterdey. He swore that he only joined the gang to gain evidence for the Gov- ernment. 5 Assessor Riebe, Chief Deputy Herzer, Auditor Broderick and Supervisors 'lyl)'llfl' and Hobbs will go to Sacramento this morning to show cause before the State Board of Equalization why the assessment for San Francisco shounld not be reduced. The Seventeenth Senatorial District Republi- can Club was organized last evening at73 Fourth street, with Samuel Taussig as presi- dent. Resolutions were adopted indorsing the appointment of Thomas McDermott on the County Committee. : Information is received in this City that the Japanese Government will demand of the Ha- Waiian republic that Japanese on the islanas be given the privilege of voting. In the case of trouble Hawaii will appeal to the United States for protection. « John Kyoke, & cook,who was arrested on Saturday by Policeman Chase for vagrancy, had a warrant served upon him in the City Prison yestorday for assault with a deadly weapon, in baving struck the officer over the heng with a loaded cane. The conference committee of the Miners’ As- sociation’ will meet in Chairman Ricketts’ office this afternoon to consider the letter of Land Agent Millsof the Southern Pacific on the proposition for an_amicable settlement of the mineral lands controversy. Joseph Williams and Henry Williams, bioth- ers, were found promenading the streets of the Western Addition at an early hour last Batur- day morning by Policemen Campbell and Wren and were_arrested on suspicion. Yesterday they were booked for vagrancy. ALONG THE WATER FRONT. General Keppel of the Salva- tion Army Sails for the Islands. A MISTAKEN PASSENGER. Troubles of the Quarantine Officer. A Tow BIll for the Board of Health. The Oceanic steamship Australia sailed yesterday for Honolulu with a large cargo and passenger list. Brigadier-Generaland Mrs. Keppel and several members of the Salvation Army took passage on the steamer en route for the islands. A large force of the army was on the wharf to bid their commander and his companions adien. The Keppels will return in six weeks. A belated passenger in a Whitehall boat boarded the Australia off the Oceanic dock as she pulled out in the stream and then left the steamship off Powell-street wharf. After he had gotten on board the Australia it was found that he had a cabin ticket entitling him toa passage on the Sgate of California to Portland. It cost him $20 to board and leave the Australia, $10 each way, for boat hire. Quarantine Officer Chalmers’ efforts to orderpilots, tugsand shipsaround over the bay at will is meeting much adverse criti- cism on the water front. “It is very inconvenient and a needless job to stop and moor all foreign-port ships in the quarantine grounds till the doctor has made his visit,” said a prominent ship- ping man yesterday. ‘“Dr. Chalmers doesn’t quite understand the difficulty in handling a big ship in a tideway and the expense of making a double tow. With a vessel from an infected port or having dis- ease on board that precaution is Ero i, but not with vessels coming in with clean bills of health. “The law says insubstance: If the yessel is subject to quarantine by reason of infec- tion—that is, coming from a port that has been declared infected with a contagious or pestilential disease—that vessel must go in quarantine and must be reported to the Quarantine Officer without delay, presum- ably by her captain, and ‘no_such vessel must cross a right line drawn from Meizgs wharf to Aicatraz lsland until the Quaran- tine Officer has boarded ber and given the order required by law.’ I can see nothing in that warranting the Quarantine Officer ordering back every vessel that arrives from Departure Bay, Victoria, Honolulu, Tahiti and other ports where no infectious diseases exist. “The doctor fails to read his orders aright. boarded ships in the bay and never ordered a clean vessel back simply to board her west of Alcatraz. That practice has been reserved for the present officer, who understands that all craft entering | the port must come to a stop and rendez- vous in quarantine till released by his visit.” When the ship Sierra Nevada, from Eng- land, was forced by Dr. Chalmers to takea second tug and tow back to the guarantine grounds the tug company sent their bill to the captain, who sent it to the ship’s agents, Balfour, Guthrie & Co. This firm promptly turned the bill over | to the Board of Health, with the request | that they settle with the tug people. The firm is determined not to pay the bill, and the board will wrestle with the problem next meeting. It is whispered loudly along the front that the rivalry between Dr. Macdonald, who bas lately been given the contract to attend British ships, and the Quarantine Otticer who has heretofore enjoyed these perquisites is intense. It has beet the cus- tom to charge all these vessels $40 apiece for medical attendance, and an average of about 160 of these ships yearly foots up a neat sum. Dr. Macdonald got a friend named Fell basis of a $20 fee each ship. Dr, Chalmers has his unprofessional brother’s ships on his list and he makes it warm for them, saith rumor. his official acts. He failed to catch the steamer Mineola upon her arrival several weeks ago and sent for her to return from Port Costa and be inspected. Of course this ran him afoul of the Pacific Mail Com- pany and the matter was soon settled. The steamer City of Puebla came in from | the north one morning, and the passengers waited many hours at the dock before the | doctor learned of her arrival. The Pacific Coast Steamship Company was interested in this event, and the steamer was not or- dered back to quarantine. ‘The open telephone was taken out of the barge-office and a nickel-in-the-slot "phone putin. As the hands of the quarantine tug are not squandering 5-cent pieces out of their own salaries notifying the doctor when ships come in or asking the Mer- chants’ Exchange abont probable arrivals in port, the machine is practically useless. he Pacific Mail steamer Aztec arrived yesterday evening, nine days from Corinto, in ballast. While at the Guatemalan port she received a dispatch from the company officials in this City ordering her to return here without delay instead of fmceeding to Panama. About 200 tons of cargo for that place were reshi;iped on another steamer bound south. The fact that shg had only 200 tons of through freight—not enough to justify steaming further on her way—and tf}e fact that the load at Panama did not justify her visit to that place looks as if the through-freight business might be at low ebb. = The bark Harvester arrived from Karluk, Alaska, Monday night_with 9000 cases of salmon. While at Karluk June 8 the brig encountered a squall, and dragging the old, wornout mooring which vessels are obliged to lay to there, she almost met the fate which overtook the Raphael a few weeksJater. Anchors were hastily gotten out with heavy lines attached, which heid the vessel from going on the beach. The captain of the Harvester states that the anchorage at Karluk is an open roadstead, and unsafe even in the lightest blow, and that the Raphael was lost only because the Alaska Packing Company did not re- vlace the old moorings with new anchors and chains, The San Joaquin River is lower than it has been tor years, owing to the great quantity of water being taken out of the upper part of the stream for irrigation pur- poses, The steamer T. C. Walker on_her last trip went aground a number of times where she had always found deep water. This shoaling of this important stream will be a misfortune to the San Joaquin Valley people and measures of some character should be taken to prevent such a disaster. The bark Colorado, from Newecastle to San Diego, which was thought to have been lost, has been spoken in latitude 36 north, longitude 142 ‘west. It will be re- membered that the British ship Castor, from Newcastle to this port, passed a dere- lict which was reported to be the Colorado. There were forty-five sealing schooners at Unalaska August 1 which are all out on Bering Sea hunting. Latest accounts re- g:)rtt e catch as being large, which will rther deplete the already decreased herds. Most of the skins caught tkis sea- son have been transferred tothe North American Trading ana Transportation Company’s storehouse at Unalaska for shipment hence. J. H. Blethen has been appointed captain of the State harbor tug Governor Irwin in lace of Dan Farley removed. Captain lethen is an old steamer mau and used to command the quartermaster’s tug General McPherson, A Sacrilegious Thief. Louls Mavel, 1lor, was sent to the County Jail yesterday ix months by Judge Low. Mavel was arrested a few daysago for burglary. He went into St. Mary’s Cathedral and stole His predecessors have for years | to pull over the British owners on the | The doctor is unfortunate in several of | several globes from the incandescent lamps. The charge was reduced to ipe(ty larceny. golice believe that Mavel is the man that has een robbing the poor-boxes &nd stealing orn- from Roman Catholic o aments ifferent churches. VALLEY ROAD WORK. Chief Engineer Storey Presents an En- couraging Report to the Board of Directors. At the meeting of Valley road directors yesterday Chief Engineer Storey, who re- turned Monday from Stockton, reported that grading had been finished practically through Stockion and a mfle intc the coun- try. The contractors were working on Weber avenue and had laid track three blocks west of Madison avenue. The tres- tle across Mormon Channel was almost completed, and may be crossed by the rails before the end of this week. . Storey further stated that he felt satisfied that the work will be finished to the Stanislaus River within the contract time. The third installment of 10 per cent on the capital stock has been coming in rap- idly since the assessment was made about two weeks since. So freely has it been paid that the directors felt greatly encour- aged, as the response clearly proved that whenever the new enterprise called for supgort the people would respond with good will. CONFIDENT OF WINNING Stewart Menzies Believes That He Will Be Police Com~ missioner. Decision of the Supreme Court In the Case May Soon Be Ren- dered. The time for the Supreme Court to ren- der a decision which will determine whether Stewart Menzies or Moses Gunst shall' hold the office of Police Commis- sioner of 8an Francisco will soon airive. The fact that the court did not immedi- ately decide the question is regarded by Mr. Menzies and his counsel as a strong point in favor of Governor Budd’s ap- pointee. It will be called to mind that Governor Markham during the closing hours of his administration accepted the resignation of D. M. Burnsas Commis- sioner and appointed Mose Gunst. The appointment created a prodigious uproar throughout the State and caused popular tumult in San Francisco. Fora time the ers Alvord and Tobin would not recognize | Mr. Gunst, but thatéihase of the situation was quickly dispelled by the ready manner in which the old Commissioners recognized the right of the Governor to appoint but not to remove. One of the first official acts of Governor { Budd was to appoint Stewart Menzies Po- | lice Commissioner, but Messrs. Alvord and | Tobin did not acknowledge the Governor’s | right to remove Mr. Gunst, and so the | question was taken to the court. Attorney- | General Fitzgerald and Henry N. Clement, who went to the Supreme tribunal in be- | half of Mr. Menzies, expressed the greatest | confidence in their client’s case when the proceedings were instituted, and that con- | fidence has increased rather than dimin- ished since the papers were filed and the arguments submitted. Should the de- cision be in Menzies’ favor Governor Budd will remove Tobin and Alvord without de- lay. He has openly declared his intention to do this and authorized THE CALL to ulb- | Jole- lish that he would appoint James V. man and L. R. Ellert Bommissioners. In speaking of the case yesterday, Mr. Menzies expressed the greatest confidence in the success of his suit in court, but said that Mr. Coleman would not serve, even if the place could be had without a contest, as he had made arrangementsto go abroad and remain away for a long time, Mr. Ellert, he thonght, would be at once ap- pointed by Governor Budd should the presentsuit be won by himseif. There is no question as to how Mr. Men- zies stands on the question of the reorganization of the Police Depart- ment. He expresses his opinions with |as much frankness as he expressed them last winter when the community was in a tumult over Gunst’s nomination. He is a fearless, resolute man of affairs. His knowledge of public necessity and his comprehension of public duty here con- vince him, so he says, that the proper way to reorganize is to begin at the source of police authority and remove the head men without delay, How_Ellert would act is another ques- tion. He is inclined to be conservative rather than radical, and might regard Mr. Menzies’ methods as extreme. DOUBLE SEASON TICKET,. How It Is Used to Cheat the Manage- ment of the Mechanics’ Insti- tute Fair. The ticket system which the managers of the Mechanics’ Institute Fair have adopted would work admitably if all peo- pie who wanted to see the show at the Pavilion were honest, but since all are not the system is weak. A railroad man, who has had experience vast and yaried in the ticket business, was surprised recently to observe quite a line of women and children standing on Larkin street, near the Pavilion entrance. He knew that they were expecting to attend the fair, but saw no obstacle to prevent them from going to the window and getting tickets, Curiosity led him to ob- serve how they got in. Presently a man came out and took in a woman and a child on a season_ticket. A little girl then came out and took in a lady. The railroad man concluded that season tickets were being used quite freely. It was explained that only the holder of the ticket is identified by marks indi- cating his appearance, and so the double admission can be used indefinitely to take in ladies and children. RYAN'S APPEAL DENIED. The Hanford Murderer Cannot Have a New Trial for the Killing of an Election Enemy. The Supreme Court yesterday refused to grant a new trial to William Ryan, the Hanford man who killed James McOaffery ata primary election two years ago. There was a general election feud at Hanford, in which Ryan’s father was killed by a mem- })er oé the faction to which MecCaffery be- longed. ngau was convicted of murder in the second degree. His attorneys asked for a new trial on various allegations of error and the claim that the District Attorney had improperly interjected comments into the case. The Supreme Court criticized the District Attorney’s action as improper, but refused to grant a new trial. WORK OF THE GRAND JURY, One Indictment Was Found and Two Ignored Yesterday. The United States Grand Jury made its final report to Judge Morrow yesterday. It returned one true bill and declined to rec- ognize charges against two people. The indictment was placed on the secret file, but it is thought to be against Bert How- ard, who was arrested a few days ago for raising bills from §$2 to . 0. One of the persons against whom the ur{iwonld not briggin atrue bill is Abbey Tj {} bbey. The charges against her were perjury and obtaininga United States pen- sion by fraud. She swore she was the wife of a deceased Union soldier. The other was against Thomas B. McCarthy, post- master at Coulterville. He was accused of :gndingla defamatory postal-card through e mail. opinion was entertained that Commission- |- PRICE OF MILLING ORE President Fish’s Testimony in the Big Mining Suit Concluded. JOHN W. MACKAY EXAMINED. He Talks of the Senator Jones Con- tracts, and Calls $9 a Ton a Falr Figure for His Work. The examination of President C. H. Fish in the big mining suit of Theodore Fox vs. John- W. Mackay, before Judge Seawell, was conciuded early yesterday afternoon, and Mr. Mackay occupied the stand -for the rest of the day. The testi- mony of President Fish was along the same lines as pursued on Monday in the effort of the plaintiff to show that Mr. Tish’s actions as president were controlled by Mackay, Flood and O’Brien. Mr. Fish said, in response to questious asked by Attorney Sieberst, that neither of these persons sought to influence him in any- thing he did in his official capacity as president, Knowing that they knew all about the mine and were more or less in- terested, directly or indirectly, he said he ATy SiepErT. SEETCHLS iN said, “for three and a half years. I did ot take much interest in the mine, as it 'was not paying much. I received the re- turns for my share in New York.” “I suppose you know that since its or- glnizanon the company has sold a million ons of ore at §6 a ton, and that would be $6,000,0002” “No; I don’t know that. I mever took much interest in it.”" Mr. Mackay answered the question as indifferently as if the matter of $6,000,000 cut a very small figure with him. Mr. Sieberst was unable to produce any effect upon him. The witness went over the history of the contract with Jones, so_far as _he was con- nected with it, and said he advised Jones against it. In matter of the milling of low-grade ores. he said that he always considered it the wiser plan to ship such ores to the mill rather than dump them on the waste; that it gave employment to the men and_the railroad, and, besides that, it was in some cases impossible to take down the higher grade of ore and leave the low grade undisturbed. ““What is the prortionate dlifference e and battery assays?’ between car-samp! asked Mr. Sieberst. A “It varies; sometimes more, sometimes 3 ATTy. W E-F.DEAL. 4“HE COURTROOM uLURING THE FOX « MACEAY MINING SUIT. [Drawn by a “Call” artist.] used to talk with Flood about the affairs of the mine, and also asked the advice of Mackay in certain contingencies, but gen- erally Flood. “Mr. Flood,” continued the witness, “was very careful about giving me any orders or influencing me. He told metodo the right thing and use my own judgment and the judgment of the directors.”” Counsel read from witness’ testimony in the Hale & Norcross suit on various mat- ters pertaining to his relations with these parties and examined him at at length regarding the proposition made by Senator Jones about the change in the contract, as to Jones having been put to a great deal of expense and since they had struck a good body of ore he ought to have a new contract and more money for milling the ore. “I remember being present at the meet- ing,” said the witness, *‘and thatthe prop- osition was read to the board of directors. Jones asked for $7 a ton and they allowed im $6. The 33,000 shares of stock that became the property of the company by purchase at delinquent sale, the witness said he sold at $1 a share by order of the board of direc- tgn. He said Flood did not ask him to do that. ; On cross-examination by Attorney Deal the witness was asked if he had any ac- tual knowledge that the Consolidated Cali- fornia_ & Virginia Mining Company was controlled by i‘lood and Mackay ? “No, sir,’”” he replied. *I never had any such idea. The company was controlled by the board of directors.” “You used the word ‘supposed.’ Did ou testify from your actual knowledge or ¥mm what you were told 2’ “It depends upon how you use the word ‘controlled.’ ” “But it is the word ‘suppose’ I refer to. Did you suppose or know? Was it from your own knowledge ?”’ Yes. b Judge SBeawell interrogated the writer az to whether he knew at the time of the ex- tension of the Jones contract in 1885-86-87 that Mackay and Flood were interested in the Comstock Mill and Mining Company ? “I did not,”’ was the repl{. Asked b{ Mr. Bieberst if he knew any- thing of the condition in the first Jones contract for the furnishing of car-sample assays, the witness said he did not remem- ber about that contract. “In the first contract,” said Mr. Sieberst, “Senator Jones was required to give bonds, ‘Why were not bonds required on the second contract?”’ “That is a question I cannot answer.” Then Mr. Deal took the witness and showed that under the first contract Jones did the mining and offered bonds to pro- tect the company in that particular, and the subsequent contracts were simply mill- ing contracts. “Well, we will drop that subject,” said Mr, Sieberst. “I_should think you would,” retorted Mr. Deal. ‘Witness testified that under the contract of December 24, 1885, Senator Jones paid all the expenses of mining. ‘“Were they ?aid back to him?" asked Mr. Bieberst. “‘Isn’t there a report in the company’s office to the effect that the com- uanz paia the expenses?”’ “[ do not remember distinctly what oc- curred fifteen yearg ago.” “That was not filteen years ago; it was in1885. Isn’ttherea reportto that effect ?” “I think not.”” Counsel for the defense submitted that” the report was the best evidence, and asked that they be instructed to produce it. Witness admitted that when requested by Flood or Mackay he went to the office to confer with them. On the resumption of the cross-examinz- tion he gaid he did the same for all persons who desired knowledge or a conference if they were owners of stock, and that any- body was free to visit the mine, needing no permit from him. John W. Mackay was called, and testi- fied at great length as to his connection with the company and his relations with Senator Jones. He said he owned ten shares of the Con, Cal. & Va. stock and that he was a member, during its life, of the firm of Flood & O'Brien, and had other business relations with Flood. Mr. Mackay could not remember clearly whether he was here in 1885 at the_ time the contract was made with Senator Jones. He said he would look over his books or otherwise refresh -his memory, and might be able to state later. i “I have not been in Virginia City,” he less—$8 or §10, probably $12, on $25 to $40 ore, and probably $6 or $7 on $18 ore.” “Well, on $14 ore?"’ *“I do ncvknow. I haven’tcomputed it.” “Can gou tell what it cost per ton to mine and mill this ore within the last ten years?’ ““It depends on the conditions, on the price of wood and the amount of %nick- silver used, and the class of the ores. "C°;: the Comstock ores be milled for §3 n “It depends upon the conditions.” “Did you not testify that it could be milled for $4 a ton ¢ “Yes; thatcan be done in some cases.” ‘‘Outside of the contract between the mine and the mill, what is a fair price for milling of the Comstock ores?” *‘It depends whether it is $50 ore or $20 ore or $100 ore.” “There being no representative of the Consolidated California and Virginia Min- ing Company at the mills, could not the mill act dishonestly ?” ““It would be detected by the assays.” On cross-examination by Mr. Deal, Mr. Mackay stated that since 1883, the time of making the first Jones contract, he had not owned nor controlled the majority of the shares of the Consolidated California and Virginia Mining Company, and ex- plained the workings of the mine io show the difficulty of the work under the Jones contract. ““Considering the condition of the mine, was or was not $9 per ton a fair and rea- sonable price to pay Jones for crushing the ore under the contract of 1883?" “I think it would not be unreasonable to charge §9.” After considerable more testimony re- viewing the direct examination of Mr. Mackay, the court adjourned till 10 o’clock this morning, SOME MONSTER REPTILES. The Academy of Sclences Gets an Im- mense Python. The Academy. of Sciences has recently received a python from the Philippine Isl- ands which, when alive, was over thirty feet in length. J. A. Pettingill brought it to this City, but it died while on the yoyage. In death it is the tendency of a snake to shrink up somewhat, but it will be twenty-two and a half feet long when stuffed, anyhow. The receipt of thisserpent has suggested the idea of having a distinctively reptile case fitted up in the museum. The acad- emy has two other big snakes, one an Afri- can python and the other a boa from Da- homey, in the same continent. Both of these, however, were tqo young when caught, and had not fully grown. There are also a few monster lizards, the iguanas in particular, and those from the drone Islands. All thesereptiles will be put into the same case. The Philippine Islands python had the capacity of swallowing a 7 }wund pig, but his gorge did not occur often, as he fed only once a month. He also shed his skin monthly. e S McDERMOTT INDORSED. Meeting of Republicans of the Seven- teenth Senatorial District. At a meeting held last evening at 73 Fourth street of the Republicans of the Seventeenth Senatorial District, resolu- tions were introduced and unanimously adopted indorsing the action of the Re- publican County Committee in the ap- pointment of Thomas McDermott as a new member of the County Committee from the Twenty-ninth Assembly District. The district club was organized with the {following officers: President, Samuel Taus- sig; vice-president, James Craven; secre- tary, Thomas Fleming; treasurer, Dan Crowley. The meeting adjourned to meet next Ffidnfi.ovemnz with three cheers for the Republican party, and a cheer for Thomas McDermot; committeeman. — e e e e The Aubertines Did Not Agree. The Aubertine family, at 974 Folsom street, has been hl:inl.d!mhle. Mrs. Aubertine’s mother complained to Secretary MeComb of the Society for the Prevention of Omutyga Children that her husband Charles did not treat her right. Th band ard in- the new e husl terws formed General McComb that his wife had run | ‘away with a man named Webb, de: six c’hfldren. el MUST PAY THE WINE BILL. Edgar Mizner Tries a Bon Mot ' on Harry Wise and Then Sues Him. ALL A MATTER OF PRINCIPLE. Attorney Ashe Attempted to Com- promise the Matter, but Nelther Side Would Have It. Just two sparkling, sizzling cases of champagne—ihat’s all; but they promise to create as lively a row in the Justices’ Court as the broaching of two kegs of water-front whisky on a returned whaler. ‘Who drank them nobody knows nor cares. It's the pay for them that causes Edgar Mizner to draw up his big frame in a way that means war up Benicia way and Harry Wise to knit his brow in a resolute frown. The cost of those two cases of wine has caused a lot of talking already, and no- body can estimate the trouble already darkening the horizon. Attorney Porter Ashe was drawn into the maelstrom long ago, and he has been pouring oil on all sides ever since. He even added a case of champagne; but two cases of oil and one of champagne cannot counterbalance the two cases of wine in the present instance. Principle is involved; honor! Fiat jus- titia, ruat celum. That’s what Mizner and Wise think, though they express it differently, but just as tersely. “Ruinart ccelum, pay up,’”’ says Mizner, with calm insistenee. ‘“Pay be —, not even maybe,” returns Wise, not dropping into poetry, like the Freat Silas Wegg, but makm§ of poetic license to express his ardent feelings. Mizner, as is well known, like the emi- nent Harry Veuve, Donald de V. Graham, Ed Greenway and others who drink from Eeachblow vases, eases the dowdy hours etween glasses of wine by trying to pre- vail on others to buy their favorite brands. Mizner is looking after the interests of Ruinart champagne. Last March he sold two cases toJ. Hetherington, who kept a saloon on Montgomery street. Things did not go exactly right with the Hetherington venture, and Mizner sent his man around to look after the fate of the | two cases of wine. The wine-tracker re- ported that the two cases were rapidly ascending in spirit to the land flowing with milk and honey. On macing close inquiry for tke §70 due him Mizner was referred to Harmy Wise. Wise said Hetherington was ail right, and that he would see that the money was paid, according to Mizner. On this hint he let the wine flow. So did Hetherington. Then came the grand eye-opener, when the Mizner office man, armed with all the bristling bilis of a big steamer day, tried to collect the $70. The Mizner man turned pale at the re- ception he received and stumbled back to the office a broken-hearted bill collector. It took the profits of four days in the wine business to bring him to his normal con- dition. Mizner was so wrought up about the matter that he cut his P. M. at the Bo- hemian Club and went around himself to see the fire-eaters and the wine-drinkers. He was a mad man clean through at the way he had been treated, but the attitude assumed by Harry Wise when he refused to again stand by Hetherington tickled him so intensely that he burst into one of his famous Benicia laughs and, shaking all over, said—but what he said will come out in the Justices’ Court when the case is called for trial next month. The cunning Iawyers have laid the seal of secrecy on their clients’ lips, and under no considera- tion will they let them speak now and give their caseaway. Ashe says quite forcefully that two cases are enough for Mizner to give away in one dispute over wine. If the next wine crop had been at stake Advocate Ashe could not have worked harder to compromise the matter. Heim- pressed both parties with the fact that two cases of wine were too poor a prize for them to get into the Justices’ Court and wrangle over, The dignity they represented in the wine and wool way hardly warranted it. But Mizner was insistent. Wise was defiant. Mizner got off again that little saying of his about Ruinart ceelum. ‘Wise said he could squirt it all over the heavens before he’d pay a cent. Ashe heaved a sigh, called them hasty- headed and sorrowfully filed the suit in the Justices’ Court for the $70 in dispute. Now justice is brushing up her bloomers, wiping her glasses on the sideboard an: getting the courtroom ready for the great case. She figured out yesterday that if Mizner lost he’d be out two cases of cham- pagne, and if he won he’d be out two more cases of wine in celebrating the victory. At present she’s trying to figure what he'd lose on a compromise. AT THE FAIR. A Large Attendance—Making Prepara- tions for Special Nights—Athletic Exhibition. ‘When the band—Scheel’s band—began to play in the big Pavilion last night there was an immense crowd of visitors in the promenades and the galleries to listen to the sweet sounds. The fair is always an attractiva place in the evening, the crowds of pretty women with their escorts who go to see the other pretty women and their escorts forming a pretty picture when they are moving on the main floor, and are seen from any por- tion of th:dgallery. The many brilliantly illuminated booths, in some of which there are a number of artisans at work, add to the attractiveness of the picture. Machinery Hall is a place much fre- quented by those who take an interest in working machinery, but where the prom- enaders most do congregate is the art gal- lery, where on the walls hang many pic- tures of merit. In the annex there is an exhibition from the experimental station of the Berkeley University. This contains over 200 varie- ties of grain, grasses, ramie, flax and other roducts of the soil. There is also on ex- ibition the tobacco plant and its leaves, green and dried. As a showing of the pos- sibilities of the State it is a most interest- ing exhibit, but unfortunately it does not receive the attention that it merits. The managers are making preparations for two special evenings in tge near future, One will "Olymgic night” and the other “Turn Verein night.” On each of these n‘ghcs the members of the clubs will give athletic performances. There will also be a German and an Italian night, when the orchestra will play the music of each country. The following is the programme of mu- sic for this afternoon and evening: AFTERNOON, March, “Birthday Celebration”. Overture, “Festival”. Waltz, “Love’s Rami Patrol, “Armenia . § Selection, “Robert Meyerbeer Overture, “Consecration of the Tempie™. Keler Bela Waltz, “The Skaters’ Waldteutel “Cocoanut Dance’ Fantasla, “Preciosa’ March, “Rifle Regims EVEN Peace march from “Rienzi” Overture, “Wiliiam Tell”. Solo for clarionet by H. Doraheim. n, “The Bai”...., St Overture, “Light Cavalry' Waltz, “Mermald of the D Characteristic piece..... . .oy Schmerchel Katychen Eilen “Biset Suing for Mamtenance. Leontine Chariot has begun suit against Joseph Chariot for permanent support and ‘maintenance. She states that she was deserted | Ej.{nhu husband in 1891, There are three dren to support. NEW TO-DAY—AMUSEMENTS. RSO BUSH STREET THEATER. First Production of THE ROMANTIC HISTORICAL OPERA, CAPTAIN COOK LIBRETTO BY MUSIC BY SANDS W. FORMAN. NOAH BRANDT, COMMENCING MONDAY, for One Weel SEPT. 2 " 0Roav:" Sale of Seats Thursday, August 29y at the Bush-street Theater. POPULAR PRICES POPULAR PRICEY $1, 75c. 50c, 35¢, 25c. E—— ~ FRIEDLANDLR GOTTLOD s * LESSES AMD MANAGERS "~ TEXE l oxr ACMIE | A XX GREAT COMEDIES “MASKS AND FACES” (Peg Woffington.) Makes & Veritable Sensation. THE STOCKWELL CO. OF PLAYERSy A Great Star Cast. Monday Next—“A WOMAN OF NO IMPORT™ ANCE,"” by Oscar Wilde. — B : l ! lm'i AND Co, | INCORP'D HEATRE Y PROPS. 2nd | FOELINT Vel DR B WA And First Times Here of Henry Guy Carleton’s New Comedy, “THAT IMPRUDENT YOUNG COUPLE,” ONLY MATINEE SATURDAY! NEXT {"TBE MASKED BALL," WEEK “THE BUTTERFLIES.’ TIVOLI OPERA-HOUSE Mes. ERNESTINE KEELING Proprietor & Managee THIS WEEK ONLY!—— Millocker’s Martial Opera, “THE BLACK HUSSAR ! R S T R SR SUPERB CAST, New Scemery! Correct Costumes! TO-NIGHT MARTIN PACHE as the Black Hussa® NEXT WEEE——“FAUST.” First Appearance of IDA VALERGA—WILLIAM WALSHEy Seats Now on Sale. Popular Prices—25¢c and 50c. MOROSCO’S GRAND OPERA-HOUSEJ The Handsomest Family Theaterin America. WALTER MOROSCO....Solo Lessee and Manages EVERY EVENING AT EIGHT, MITCHELL AND VINCENT'S Great American Drama, “THE COAST GUARD!” EVENTNG PRICES—35¢ and 50c. Famlly Circle and Gallerv, 10c. Usual Matinees Saturday and Sunday., ORPHEUM. O'Farrell Street, Between Stockton and Powall. TO-NIGHT AND DURING THE WEEK | A GREAT STELLAR COMPANY! —A New, Entertaining Programme l— Return Engagement of the Popular Favorites, For One Week Only, LES FRERES MARTINETTI AND—— JOHNNY CARROLL, In Conjunction With A PEERLESS VAUBEVILLE COMBINATION! Reserved seats, 25¢; Balcony, 10c; Opera chalrg and Box seats, 50¢. MACDONOUGH THEATER OAKLAND « E To-Night—Farewell Performance. The Irresistible Comes TOO ¢ CH JOHNSON, ‘With William Gillette and the Original Co. Coming—MR. JOHN DREW, in repertoire. MECHANICS’ FAIR. CAAND WAGHER NGHT FRIDAY, AUGUST 0. Enlarged Orchestra 62 Pieces, FRITZ SCHEEL - - Leader. CALIFORNIA JOCKEY CLUB RACES, SPRING MEETING! BAY DISTRICT TRACK. Races Tuesday, Wednesday, Thursday, Friday and Saturday—Rain or Shine. Five or more races each day. Racesstartat 2:30 2.3 sharp. McAllister and Geary street cars pass the gate. EXCURSION TO LOS GATOS. ALL BROAD GAUGE. 5 T, O, (T SATURDAYX ..AUG. 31, In charge of Mr. WM. H. MENTON, Excur sion Passenger Agert S. P. Co. Grand Celebration in Commemoration of the Laying of the Third Rail. $1. ROUND TRIP $1. ‘Train leaves Third and Townsend sts. depot a§ A M ATTRACTIV E~ PAVILION EXHIBITS EMBRACING DISPLAY of ELECTRICAL POWER TRANSMITTED FROM —FOLSOM.—— N G . THE GREAT AMERICAN CONCERT BAND FREE TRANSPORT ATION