The San Francisco Call. Newspaper, August 29, 1895, Page 9

TIiE SAN FRANCISCO CALL, THURSDAY, AUGUST 29, 1895. 9 MINERS AND MR, MILLS, Opposition Developed to the Compromise Course as Suggested. THE FIGHT TO BE MAINTAINED. A Demand That the Other First Withdraw Its Land Selections. Side The mineral lands committee of the Miners’ Association did not fall in with the Ir. Mills of the Southern Pacific. y afternoon in Chairman c office, pursuant to hi Il except . Loftus present, viz.: John M. Wright, Charles G. Yale, C. E. Hoffman and Mr. R But it did not do what Mr. Mi it to do—it did not agree to the r r an amicable method of ascertaining the character of the ot head of the railroad which the i proposed it. It con- s’ sentiments were expressed in a cketts: ise on the terms also opposed to wer 10 treat with the course we have win in the end. You e Valley railroad op- cisions, the recent ity which called on against railroad and legislation, the might add 90 per cent State, who have been he unjust exactions yed against the cor- oad, and, if I am not i gus of the times, the ¢ will be glad to take what be- tead of dictating to the people of Nation. and ask nothing but what accept nothing less. Inmy compromise between the miners of nd the Southern Pacific officials W t to nothing as far as the Govern- n is concerned. Congress has said the nd should not be included in rail- and I think Congress is where we make our fight if the railroad patenting our mineral n Ricketts then opened the pro- i 2 brief statement ot the 1 the committee had come id: executive com- t 9, it was inter resolu- t this committee iand grant railroads in this estion of an amicable adjust- cation of lands lying within of the several railroad grants, and committee was conferred the power such matter. Sub: y certain rdence was had up ohn M. Wright, & mem! nd rep- mmittée, and W. H. Mills, rep- thern Pacific Railroad Com- tters will be read to you b ch de ) the ecause of these facts that you have been ogether at this time. The importance atev ma tate. nt of the differences en the parties mesans s to the people of the e settlement of the involved, particularly the ospector the greater the new and rich dep g in this St ars has done much to great gold belt of Cali- worked out; that,on e t received history of m: e dur two of_three t th and % w_prevails in new and regions, and the aping large rewards for pluck in reopening sban- of the the whole ivity no old minin tion of new his State la e its unparalleled it may be quite safe to say 1 and the impetus which gration in 1849 and the sequently thereto there ontinental reilroed ex- penseble, butjso 1s min- the world woula between these two 1be no reason for a be no reaso b and there any controversy 1 them should not be faction of the parties should in interest. Tt now rests with you, sentatives of the mide ler what is the most fea: g to each side its respective ent your plan to the other s the railroad company, the g ant of modern time ntlemen, as repre- his State, to con- lan for secur- 5 and to 3 The correspondence between Mr. Wright W and Mr. Mil then read. The propo- sition for a arrangement, it was explained, first from the rail- road company and not from the Miners' r. Wright at once addressed himself to matter in hand pretty exhaustively, i d the and in the course of his remarks cal down Mr. Mills for the derogatory sta its the latter’s communication con- e to the contests made ssociation and Me ton. Benja ston. ui proceeded first, lawyer-like, to define the true position of the mineral lands com- mittee in the controversy,its relation to the Miners’ Association and the scope of its work. Mr. Mills, he said, seemed to think that the committee had assumed to act for in- dividual members of the association; but such was far from being the case, and he quoted section 2318 of the Revised Statutes to find the reason for the attitude of the Miners’ Association as a body in a matter of great public interest. That section de- clared that all mineral lands should be withheld from sale and the next insisted upon all such lands being left open for exploration and operation. It was not to be supposed that the association _would undertake the contests of individual miners, but it proposed to see to it that large zreas of mineral land were not patented by the railroads and chlmed to the prospector and miner generally. ‘The Barden decision in the United States Suprame Court, in hisopinion, {nndeac;mn n the part of the association imperative. ording to it the burden falls upon the estant to prove that land selected by the railroad company was mineral in charac- t 1d it was necessary to first convince ’ Land Department of the mineral char- rinorder to maintain a protest. Be- 5, the determination of the Land De- partment was conclusive and final, g It was Mr. Wright's belief that this Barden decision overruled some of the carlier decisions, which gave the miner some protection. In the case of Morton vs. Nebraska, a patent was beld to be void ifin an action at law the land could be proved to be mineral. By the Barden de- cision, however, the act of the Land De- & artment was made conclusive evidence in uny collateral attack. % Then Mr, Wright took Mr. Mills and the Association, | ject be- | railroad company to task for certain mis- statements, thus: The Miners’ Association did not make this proposition first. It was the railroad company which made it, over three months ago, through Mr. Crawford, the State Mineralogist, who was authorized to present ite'views to the miners. The action of the committee subsequently has merely been to ascertain in definrte form in writing a8 to whether the railroad company cared 1o stand by,the proposition, and our duty ow to &scertain whether that proposition s out of a spirit of fairmindedness in Mr. Is or whether the railroad company has un to think after all that there may be thing in this controversy, a Mil b I have been somewhat astonished in reading the letter of Mr. Mills in finding that he has seen fit to assail the action of certain represen- tatives of the Miners’ Association. . He deprecates what he calls the filing of affi- day son their part and their being willing fle with the gravity of an oath in alleging the mineral character of extensive regions of which they could have no personal detailed knowledge. Now, Mr. Chairinan, itis, I conceive, unfortu- nate that one party to a negotiation should be- gin by accusing the other side of perjury, either by directly or impliedly accusing the other side of perjury. We have no such charges 10 make, 1t is not our business to defend these gentle- men (Mr. Benjamin and Mr. Ralston) whohave made these affidavits, but it would have been more m‘cominfi if Mr. Mills had waited until some one of these contests could have been heard. The merits of these afidavits you have filed will then appear or their falsity will be shown. I make no charge, but it has come to the knowledge of this committee that charges haye been made in many portions of this State, to the effect that agents of the railroad com- pany have sworn very recklessly in support of the claims of the railroad company to large areas of land. Whether such charges have come to the knowledge of Mr. Mills or not I do not know, but the high moral stand which he hasjtaken warrants me in supposing that, if they have, he, as the representative of its land department, ' will make a careful inves- tigation, and if he finds thet sny claims 'of the railroad company are based upon falce, fraudulent or questionable affidavits, they will be stricken from the files of his department, and 1 should expect, further, that if it should transpire to the knowiedge of the officers of the railroad company that patents have been issued upon the assertions ot false, fraudulent or questionable affidavits, the lands granted under those patents will be relinquished to the Government of the United States. The high moral tone that has been adopted by Mr. Mills in his lefter to this committee leads me to believe thatsuch will be the course of the department under his control. The best policy, thought Mr. Wright, under the circumstances was to meet the railroad compary in a spirit of simple fair- ness and put a test to its sincerity by offer- ing some modifications of its proposition in the reply to Mr. Mills. The committee had full power to act for the association, and any action it might take would be binding. He was not satisfied, though, with the idea of having a commission consisting of only two experts. He would favor some such arrangement by which the two could select a third in cases of dispute. Asto the idea of dropping the legal fight, he did not think any member of the committee should” favor that. If the rail- road company would first relinquish all its quesziomile selections the committee might be willing to drop the legal proceedings. Seemng that there was no provision in law for any such com- mission the miners would have to be careful not to throw away any of the es in the controversy they had because the determination of the n as to the character of the d be no more than mere prima ience and not conclu The 1sive determination would the Land Department of @ | relied upon to provide some adequate ma- chinery for properly ascertaining the | character of the lands, and he expressed Mr. Wright said the criticisms of the news- peper Mr. Mills’ letter were all correct. cluded: Mr. Mills' proposition is that all the methods of ascertamnment other than the one he pro- | poses be done away with. But let us suppose a case. Suppose this commission was working one on some supplemental lists of lands, and its labor was not completed, and we knew that there were large tracts of mineral land in- volved,would it be wise, prudent or reasonable for us o not file protests o prevent the patent- ing of such lands? Would there be any other process ? Mr. Hoffman—None, unless the railroad. would withdraw its lists. r. Wright—If it would withdraw its lists 4 withdraw our protests to the Land tment. He con- the other members, coincide with my views I would suggest th to Mr. Mill 3 t we prepare a reply 1, busin like and without or historical reminiscence. e i vill be wiliing to throw away any advantages they have already gained in the proceedings now pending. Mr. Yale expressed the opinion that the closing paragraph of Mr. Mills' letter would lead one to believe that that gentle- man was insincere. He would be willing, if the railroad would withdraw its selec- tions of land, to have the protests with- drawn, but did m not propose that the ers should stop and the railroad go ad. Mr. Wright explained that it was simply a fight for the mining interests of the State and not an anti-railroad movement, and Mr. Yale spoke in the same vein. Mr. Ricketts was in favor of having a full plan formulated .along with the modi- fications of Mr. Mills’ proposition and sent to that gentleman—a plan that would con- template having the provisions of the [daho and Montana act made applicable to this State in the agreement between the association and the railroad company and that such a plan be offered as the associa- tion’s ultimatum. He quoted sections 3 and 7 of that act. Finally Mr. Yale offered the following, which was carried unanimously: move that the committee—that is, such members of it as are in town and can get to- gether—formulate a reply to Mr. Mills that it 15 the sense of this meeting that this com- ttee decline the proposition to have only two Commissioners, desiring three, and also that this committee decline the proposition towith- aw its protests unless the railroad company will first withdraw its selections until after said commission shall have acted. The call for the fourth annual conven- tion of the California Miners’ Association bas just been formally issned. The con- vention is to meet in Pioneer Hall, on Fourth street, near Market, on Monday, October 14. | The controversy with the railroad com- pany will be then fully discussed, and the proposed new legisiation to be urged upon Congress will be considered. One important piece of legislation pro- posed is the amendment to Section 2335 of the Revised Statutes to take the determi- nation of land controversies out of the Land Devpartment, and transfer them to local courts of competent jurisdiction. _Another is the usking of an appropria- tion of §$1,030,000 for the construction of impounding dams. . Each county association is_entitled to one delegate for every ten of its members. ANGRY AT HER HUSBAND. Mrs. Katie Winters Swallows a Dose of Todine and Laudanum. Mrs. Katie Winters, wife of Andrew Winters, saloon-keeper, 15 Howard street, in a fit of anger swallowed a dose of iodine and laudanum about 3 o’clock yesterday morning. Her husband left the saloon in charge of a bartender on Tuesday night. and when he returned under the infiurnce of liguor his wife upbraided him for hixcon- duct. He gruffly told her to mind her own business and go upstairs to bed. She went upstairs and swallowed the poison. She was taken to the Receiving Hospital and her husband and a friend accompanied her in the patrol wagon. When placed on the operstin;z table she refused to open her mouth for the stomach pump, and swhen Drs. Thompson and Stice attempted to force it open Winters and his friend in- terfered and threatened to thrash the doc- tors if they did not leave her alone. When the doctors ordered the steward to call up the Central police station to have Winters and his friend arrested they quieted down and Mrs. Winters was prevailed upon to open her mouth. Mrs. Winters was very repentant yes- terday and begged - the doctors 1o save her life. great confidence in Congressman Maguire. | in pointing out the objections to | | | PATRIOTISM IN SCHOOLS, Day Each Month Devoted to the Cultivation of Love of Country. YOUNGEST CHILDREN ASSIST. Requirements of the Board and Skiliful Methods Employed by Teachers. San Francisco is rearing a race of patriots, and the public schools of the City are the most potent factor in the nurture of their love of country. Little men and women of the proud age of six and members of the receiving- classes are as ardently, if not asintelli- gently, patriotic as the seniors of the high schools. They sing National airs as lustily and talk about the flag as earnestly as do their elders in the school course. In every grade of every school there is evi- dence of pride in American institutions. This statement might be questioned by mated. *“You cannot divorce patriotism from the public school,” said Mr. Bab- cock with enthusiasm. “Their daily les- sons are full of it. We try to impress upon them,” he added, ‘‘the th that the atriot may be as devoted and useful to Eis country in times of peace as of war, and that the most patriotic citizens are those who serve their country at home in times of war—women."” WOMEN HELP WANTED. The Free Labor Bureauw’s Branch to Fill Orders. Labor Commissioner Fitzgerald states that he has now a better class of women applying for positions than at any time since the Free Labor Bureau opened, many being people who have held good positions before overtaken by hard times. It is his desire to secure for these women and girls places where their education, ability and services generally will be ap- preciated. He has met with some diffi- culty owing to the fact that those desiring the services of this class of help are not disposed to tramp down to 215 Sansome street and then climb up two flights of stairs to the Labor Bureau. In order to overcome this obstacle Mr. Fitzgerald and Deputy Dam took a new departure yesterday. They had a long conversation with the lnd{ managars of the Women’s Exchange at 26 Post street and made arrangements for the exchange to receive orders for help. Hereafter those who desire female help of any kind may Jeave their orders at the Women's Ex- change, and these orders will be forwarded DURRANT JURORS SCARCE Forty-five Talesmen Are Re- Jected by the Opposing Attorneys. EMMANUEL CHURCH BUSINESS. Officers Elected at the Annual Meeting Last Night—Getting Deeper In Debt. THE DURRANT CASE IN A MINUTE—STILL HUNTING FOR A JUROR. The day in court was spent in & vain en- deavor to find a twelfth juror and the search will be resumed at 10 o'clock to-day. Captain Lees is perturbed over reports that the defense will attack the personal charac- ters of Quinlan and Oppenheim and also by the statements that members of the Endeavor Society will swear that Durrant had the big record-book with him when he reached the Vogel house. The defense will claim that Durrant walked across the City on the afternoon Blanche La- mont disappeared and that therefore he could THE LITILE PATRIOTS OF [From a photograph by Taber.] THE WASHINGION GRAMMALK SCHOOL. P politicians, but a round of the schools on ‘ atonce to the bureau, and thus save loss of | not have been seen on Powell street by the some day of celebration, as, for instance, | time and the trouble of going to S8ansome | Normal School girls. Washington’s birthday, them that the coming voters cherished the essential spirit, if they are not familiar with the letter, of the science government. All th would convince | Street. In the event of special orders the The annual business meeting of Emmanuel | deputies will call at the exchange and | Church was held last night. The soclety is meet those who want help and learn of their requirements. Interviews between of | the prospective employer and employe will be arranged, but on no consideration will not, as a Fourth of July orator | applicants for employment be permitted to might claim, the result of an inherited | apply to the exchange direct.” They must the part of the San Francisco teachers. The labor of inculeating principles of atriotism in the minds of the youth of an Francisco has been performed for many years, with more or less satisfactory results, in conformity with this section of the California school laws: It shail be the duty of all teachers to en- deavor to impress upon the minds of the pupils the principles of morality, truth, justice and patriotism, to teach them to avoid falsehood, and to instruct them in the principles of a free government and to train them up to a true comprehension of the rights, duties and dignity of American citizenship. The following rule, offered by Director J. H. Rasewald and adopted by the Board of Education.at a meeting held in Febru- ary, 1s also largely responsible for the pre- vailing sentiment last year. It was amended several times, as the exigencies of the case required, and now standsamong the records as follows: Resolved, That the last Friday afternoon of each calendar month be set aside for the pur- pose of holding patriotic and general exercises in the primary and grammar schools of the City and County of San Francisco, which shall | consist of: First, recitations of a patriotic character, singing of patriotic hymns and in- struction by the teachers in the principles of | our Government and the duties and dignities of American citizenship; second, general in- struction in the principles of morality, truth and justice as required by the State and the rules of the Board of Education; third, general exercises within the discretion of the principal. The American fla scheolhouses on the cises are held. This rule is rigidly enforced in ali the schools and all the grades and ‘“‘patriotic day” has come to be looked upon as an occasion of much children. There is no set form for the observance of the day. The manner of the celebra- tion is left to the ingenuity of the prin- cipals and teachers. made to secure large pictures of one or more of the heroes of America’s National story. If it be Washington there is a sketch of his life. Quotations are made from his tarewell address, tributes original or borrowed to the ‘‘Father of His Coun- try,” and all voices join in tuneful *‘Mount Vernon's Bells.” “Lincoln’s portrait is chosen und then follow the stories of the tall, earnest youth who became the first man of the Nation. Such occasions shall be raised on the ay on which these exer- have much value in the impression of | lessons previously learned in United States history. A model celebration of such a nature took place at the Edison Primary” School recently, under the direction of Miss Ed- munds. laced on easels and draped with flags. he pupils marched about the room, and as they passed before the pictures hung garlands of flowers upon them. The after- noon was chiefly spent in the reading of selections from Edward Everett Hale's pathetic story of “A Man Without a Country.” There were other appropriate quotations and several patriotic airs, among them the ever-inspiring ‘‘Star- spangled Banner,” which every school is requested to learn. beginners of the same school gave some quotations that were adapted to their memories and saluted the flag with be- coming reverence. The salutation of the flag is an indis- pensable part of themorning exercises of every school. Department Superintendent Babcock says that the formal exercises are very valuable, but instruction in patriotism does not end there. The class instruction in connection with history and reading, and indeed all branches taught in public schools, are of a value that cannot be esti- enjoyment by the | i % | thing on the paper in Mr. Hallman’s pos- An effort is usually | Three pictures of Presidents were | | signed for her. Judge Hunt will take up Mrs. Steele’s class of | | | spirit of devotion to Columbia. It is the | go through the Labor Bureau. By this gratifying consequence of a wise policy on | arrangement tne c oard of hopes to secure many excellent places for Education, faithfully carried out by the | those who want employmen Labor Commissioner IMPLICATION OF FORGERY, Mrs. H. G. Witzemann Says She Was Not a Signatory on a $12,000 Note. But H. Hallman, Who Loaned the Consumers’ Lumber Com- pany, Wants His Cash. There is a note in the sum of $12,000 against Mrs. H. G. Witzemann, formerly a member of the Consumers’ Lumber Com- pany, which, it is said, she does not want to pay. The disinclination of the lady to pay her portion of the note in question is so pro- | nounced that she bas even gone so far as to insinuate forgery. ‘While the lady was & member of the Consumers’ Lumber Company the neces- sity arose for acquiring the use of §12,000 for a limited period. H. Hallman agreed to let the company have the money on a | joint note signed by Mrs. Witzemann, in connection with J. Jackson and M. Stieger, all members of the company. 3 The company received the §$12,000, but Mrs. Witzemann some time ago came to the conclusion that she did not owe any- session. She brought suit on the ground that she had never signed such a note, but was demurred out of court. During the interim from the time the note was signed and the money raised thereon by the lumber comyony and when she brought her unsuccessful suit, she was an equal partner in a butcher and meat business with Mr. Stieger, who was one of the opligors on the note. 'In rendering his accounts to Mrs. Witzemann he charged her with a third of the interest on said note. After Mrs. Witzemann had been de- murred out of court Mr. Hallman, who had loaned the money, brought suit him- gelf, He was anxious to learn whether Mrs. Witzemann, in her anxiety to avoid payment, would substantiate her implica- tion of forgery. She said she had not signed such a paper, thereby leaving the only inference that some one unnamed had the case next Mondlg. 1t is asserted by the defense that after Jackson and Stieger had signed the note a third party took it to Mrs. Witzemann, and when Fruemed to the man who furnished the $12,000 it bore the signature, genuine or otherwise, of the lady. When the latter first brought suit to avoid payment she asserted that she had not signed a note for the amount specified. What Judge Hunt and the attorneys will endeavor to find out next week is whether Mrs, Witzemann will be Ereplred to establish her inferential charge of forgery, and, thereafter, who was the forger. The lady in question is wealthy, and the corporation with which she was connected had a high standing. oz o o e o i e g The Cosper Litigation. '+ The suit of L. H. Cosper against Daisy Cosper to have a decree of divorce annulled was sub- mitted to Judge Sanderson yesterday. The gmr ot the case was told in THE CALL last unday. | getting deeper in debt. The twentieth day of the trial of W. H. | T. Durrant for the murder of Blanche La- | mont found public interest in the case un- | diminished. The usual crowdshung about | the courtroom and the points which the | accused must pass in going to and from the jail, end every trifling incident con- nected even remotely with the crime was caught up and eagerly discussed. The latest story concerns a button which Professor E. Hohfield, a music-teacher residing at 143 Bartlett street, picked up in front of the Emmanuel Church on the morning of April 13. He has an idea that it might have been torn from the clothing of either Minnie Williams or her murderer during the commission of the crime, Hoh- field gave the button to Officer McGrevy, since which time it has dropped from sight. Captain, Lees, however, scoffs at the idea that the button can have an; nfi(icauce, and denies having even of it. The chief of detectives is considerably sig- eard ‘| was not near the corner of | the defendant. annoyed by the announcement that the defense will assail the reputations of Pawn- broker Oppenheim and Attorney Quinlan —two of his pet witnesses—by means of the criminal records of this county. He appears to make the attack a personal matter, and declares vehemently tgat they are honest men and that their characters are as good as those of any of the men who areconducting thedefense. The mat- ier of the record-book, which at least one creditable witnees will swear Durrant had when he reached the Vogel house also troubles Captain Lees, and though he ad- mits that he has not talked with those witnesses he asserts that none of them will make such a statement. The defense in the Lamont case will un- doubtedly be an alibi, and the line of proof was indicated long ago by Mrs. Durrant. She was speaking of the then recent identi- fication of her son by the three Normal School girls, and remarked: ‘‘Theodore did not ride home that day. He walkea across the City, as he Mquenflg does, and owell and Clay streets that afternoon at all.”’ The attorneys for Durrant have, however, kept studiously concealed the names of the wit- nesses by whom this is to be proved. The members of Emmanuel Church held their regular annual business meeting last evening. E. Worth was re-elected clerk and five trustees were chosen. These are: P. D. Code, . Worth, A. B. Vogel, C. W. Taber and A. Spaulding. The only change in the board is the election of Mr. Worth to the vacancy caused by the removal of Mr. Church to Napa. The treasurer’s an- nual m&ort showed disbursements for the year about $2000. There is left in the treasury one or two dollars, and the church debt of $12,000 has been increased by a few months’ interest which accum- ulated during the perioa the church was closed on account of the murdera. THE COURT PROOEEDINGS. Another Day Spent in Hunting for the Twelfth Juror, In the court proceedings of the Durrant case the whole day wasspent yesierday in questioning talesmen, but the entire venire of seventy-five good and true citizens was exhausted without the discovery of the much desired twelfth juror. Immediately upon the opening of court the procession of talesmen who wished to avoid jury duty formed before Judge Mur- phy’s desk, and his Honor’s face assumed that wearied expression which has become customary on these occasions. He enun- ciated his usual witticism about merchants who become suddenly very shorthanded when they are wanted for jury duty, and then settled himself back in his chair to listen to the excuses. They were of all sorts. One man feared he might go to sleep. Two or three suddenly discovered they were not American citizens. A few were deaf, but not too deaf to hear his Honor’s whispered remonstrance. Alto- gether twenty were excused, and as ten of those summoned failed to putinan ap- pearance only forty-five names were placed in the wheel. Before the names were drawn Attorney Deuprey challenged the entire venire on the ground that it had not been shown that the trial jury box in which 3600 names had been placed on January 1 had been exhausted. Judge Murphv denied the challenge with the remark that he was not aware tfiz the court was required to go to the trial jury box for jurors at all, and that he mignt legally have ordered jurors drawn from the county at large In the first place. During the day only two talesmen sat in the box who seemed at all likely to prove acceptable jurors. They were Edward Peabody and Peter Schlagel, and both were finally “peremptorly challenged by the defense. Peabody stated after a quarter of an hour’s questioning that he would give the testimony of a police officer on the stand more credence than he would that of Schlagel answered all questions satisfactorily, so far as an out- sider could judge, but he was nevertheless excused. The list of the other talesmen called and the reasons for their rejection 1s as follows: E. Magner could not inflict the death penalty onflpure { circumstantial evidence. . W. Lette had an opinion. F. B. Peterson had been introduced to Dur- rant at the City Prison by ex-Police Surgeon Somers, and had also formed an opinion. J. McDonough Jr. had formed an opinion. H. W. Riley had an opinion. H. Rothschild had an opinion. H. Smith had an opinion, W. D. Meyer had an opinion. W.J. Murray’s initials were transposed on theelip of paper drawn from the wheel, and Deuprey objected to him on the ground that his name was not the one drawn. The obje tion was overruled, but the talesman devel- oped a strong opinion and was excused. ‘A. Rosenberg had an opinion. E.J. Gallagher had an opinion. 8. Levy had an opinion. Joseph Levy was toodeaf to be acceptable as e %Elmr. . H. Kowalsky, father of Attorney Kowal- sky, had an opinion which no evidence could Temove. William Lewis had an opnion, P.J. Norman came in late. His name was put into the wheel, but chanced to be the next one drawn. He developed an opinion and was excused, the whole time of his attendance on thie court not exceeding fifteen minutes. J. Z. Turney was too deaf to be acceptable as a juror. . 0. Deming had an opinion, Mr. Lawrenson was deaf. M. Meyerhofi would not inflict the death penalty on circumstantial evidence. E.Chadbourne had an opinion which could be removed only by strong evidence. fast living and excesses. be had free. . A FAST PACE In youth or early manhood means the premat-ure collapse of the vital powers at forty-five or fifty. Thousands of premature graves are filled by men who wasted their youthful energy by Vital force is a precious element when you have lost it. Priceless in its value, yet it can be purchased. Nature has been good enough to produce the element of nerve power in Electricity. Dr. Sanden’s Electric Belt will charge the weakened functions with animal magnetism. It will infuse new life into the nerves and organs that are weak. A fieat little book, “Three Classes of Men,” is very instrue- tive to men who would be examples of perfsct manhood. It can ‘Call and test the Belt or send for Book. SANDEN ELECTRIC CO.,, 632 Market Street, Opposite Palace Hotel, San Francisco, Cal. E. J. Duncomb would not inflict the death penalty on circumstantial evidence. ‘A. Bert had a strong opinion. M. Bates objected to circumstantial evidence in a capital case. F. Scott had discussed the case and formedan opinfon. " J. 8. Francis announced that he was not & citizen of the United States. g E. Kenney had an unchanagable opinion. 0. 8. Levy had convictions as to the guilt op innocence of the defendant. . W. Wolf had an opinion. T.'B. Dalton had an opinion. A. Levy was obliged by his business to rise at 2 A. M., and was excused for fear he might ine dulge in cat naps, and so miss some of the tes- timony. C. Lester would not hang a man on circum- stantial evidence. J. Schmidt would not accept any but direct evidence in a capital case. J. A. Drinkhouse was physically incapable of serving as & juror. The panel being exhausted Judge Murphy ordered a special venire of seventy-five men, returnable this morningat 10 o’clock. To this order Attorney Deuprey objected, but the objection was overruled and the exception noted. During the afternoon session of court Mrs. Durrant was in attendance and sat at herson’sside. She was handsomely dressed and did not in her face show that she was at all worried by the case. HIS OLD RELIABLE SPE- cialist needs no introduction or recommendation to the sick and afficted of San Francisco and the Pacific Coast. For many years his offices have been lo- cated at 737 Market street, oppo- site “The Examiner” office. He is a graduate of the best medical colleges in the world, and has made a life-long study and prac- tice, in famous hospitals and elsewhere, of Nervous, Chronic and Private Diseases of men and women. His well-known name is a sufficient guarantee of a per- fect cure of every case he under- takes. Have you A SECRET? Does it concern your health, and all that de- pends upon your health ? Does it trouble ana perplex you until your head aches and your heart seems too full to hold it? Is your manhood trembling in the balance ? Do you feel the need of sympathy, counsel and aid ? - Then come to Dr. Sweany, and, in sacred con- fidence, tell him all. He will do more than hel(p you keep your se- cret. He will help you to forget it. Diseases fully cured soon cease to be even matters of memory. Don't confess to your family. It wll, only cause them shame and grief. Don’t tell your closest friend. Frierkiships are not always lasting, and the temptation to gossip is great. 1f you cannotcome to 8an Francisco write Dr. Sweany fully and freely, with the assurance that your letter will be kept carefully concealed from curious eyes. OFFICE HOURS—9 A.M. 1012 M., 2 t0 5 and 7 to 8 p. M.; Sundays, 10 A. &. to 12 M. only. . ¥. L. SWEANY, M.D. 737 Market Street, 8. F., Oal. Opposite Examiner Office. Don’t let your temper get the best of you at meal times because your Carvers or Knives do not cut to suit you, but call on us and get the best for what you pay for inferior goods elsewhere. Russell’'s Buckhorn Handle Carve and fork, per set. Russell’s Ebony H. Steel, perset... : e Russell's Riveted Bone Handle Knife, Fork and Steel, perset. . 226 Russell’s best make Cimeter Blade Knifs Fork and Steel, per set Russell's Fine Eone Handie Knife, Steel, cimeter knife, per set. Wil & Finck’'s Celebrated Ca: , ivory handles, knife, fork and steel, per sef, from$810... s TABLE KNIVES. Silver-plated Dinner Knives, set of 6 Russell’s Solid Bone Handle Table persetofB............ % Russeil's extra quality of Celluloid Handle Table Knives, per set of Butcher Knives . French Cook Kuive: Bread Knives..... ‘We carry the largest and best selected lctoo'k of Cutlery and Plated Ware on the oast. Electrical Oonstruction of All Kinds. Esti; es NOTE. — Special and Repalrin, Glven. 2 Y tention paid to Grinding Razors, Shears and Edged Tools by skilled mechanics. Prices moderate. 818-820 Market Street Phelan Building. University of California—$40,000 to Loan, LANK APPE.ICA Nl? V'VIXJ; BE SENT upon request ication for less than ua.upo% will be conside: Applications Must be sent, in duplicate, to Regent Albert Miller, 533 Californta st.. s BONTE, Secty. N(E)ETARY PUBLIC. D:AIKTT 0“3 NEY-AT st oppo- 1620 Fellst. Tele- ¥4 Clavan ‘Notary Buniic, 63 site P alace Hotel, Residence phone 570.