The San Francisco Call. Newspaper, August 30, 1895, Page 5

THE SAN FRANCIS J0 CALL, FRIDAY, AUGUST 30, 1895. 5 PACIFIC COAST NEWS, Races the Attraction of Society at Del Monte. SOME SPLENDID RIDING. Well-Known Men Who Guided Favorites and Outsiders to Victory. A SURPRISE IN THE SECOND. Sallle M, a Long Shot, Won From Start to Finish in Good Time. DEL MONTE, Car., Aug. 20.—The races occupied the attention of every one to-day. The morning hours between wheeling, bathing and driving, were spent in talking horse, in selecting winners and forecasting the events of the afternoon. Promptly at 1:30 p. M. the coaches, drags and carriages came rolling up to the hotel from the stables, and soon everybody was off for the scene of the races. It was buta few minutes’ drive from the hotel to the track, and soon the grand stand was well filled with the fashionable world, ready for the sport to begin. Messrs. Tobin, Lincoln and Jackson acted as judges and Mr. Ricketts asstarter. Some delay was caused on the opening, but after the first race was on the sport moved swiftly and evenly to the close. At 2:40 the first race was called. Brandy of the Del Monte stables, Buckskin and Aladdin, owned by J. S. Tobin, Walla ‘Walla, owned by Neave, and Choice, owned by Mr. Hobson, answered the call, Conejo, Lady Greensleeves and Maud being scratched. The horses in the order named were ridden Messrs. Hobart, Thomas and In this race it was conceded that ndy had a cinch. The favorite was a shot, and the resuit of the race was v one had predicted. Garnett was put up on Choice at the last moment and made a goed race. second race, which was for a $100 , six furlongs, Mr. Whittier 'rode Sallie M, being put up at the last moment. The other ent: den by Mr. Webber, ver and Veragua being hed. his race demonstrated the fact that *‘all ain fail in d weather,” for a more surprised lot of horsemen never wit- nessed a race which proved more of a sur- prise to them than this one. Mr. Hobart, owner of Sallie M, said that she should sell at 100 to 1, but to the surprise of all she beat the flag half a length and wonall the way round. She was ridden with rare judgment. Bernardo, second, came fast at the finish, but was not equal to the task, being beaten out by half a length. Hello was third. Time, The betting was: Paris Mu- tuels, $5 perticket; and on this the winner paid $87 70. In the third race there were two very bad actors, Dr. Tevis with Mr. Whittier up and Molhini with Mr. Martin up. The latter took th t and dashed frantically around the track, was halted and turned, at at once flew away, heedless of his 's efforts to check him. Mr. Martin, after exhausting every effort to bring the horse under control, threw himself from him, escaping without in- jury, the horse finally being caught and led to the stables. At the next attempt to start the race Dr. Tevis broke away and ran a mile and repeat, when he was taken to the stable. To a good break Gold Coin took the lead and was never headed, winning handily. There was considerable feeling manifested in this race, as it was a second test of the mettle of the Hobart and Bettner horses. Many thought that Lady Greensleves would again .lower the Hobart colors, as on yesterday, when she so handily beat Comanche, but the result of this race leaves the honors even, the odd to be de- termined at some future date. Gold Coin was first, Lady Greensleeves second, Geronimo third. The betting on this race was with Gold Coin as favorite, but on even money. In the fourth race there were only three starters, Romulus, ridden by Mr. Hobart, Tigress with Mr. Whittier up, and Rain- drop ridden by Mr. Bettner. Raindrop lost all chances or hope of winning on the first turn, losing no less than six lengths. Romulus won handily. The fifth and last race of the day, a two- mile steeplechase, was the main event by long odds, and was a good race from start to finish. Mr. Hobart had just paia $2500 for Ali Baba in order that he might win this race, and as may well be supposed, had his heart set on winning it, but although Ali Baba cutout a very hot pace for a mile and three-quarters Mestor, who was ridden and placed with excellent judgment by Hen- nessy, nabbed him at the head of the stretch and in a driving finish Mestor beat him out by a good length. The Lark took third. It was a good day for Hobart, he win- ning four out of the five races. It is notice- able that horse No. 1 on the racing-card in each race won first. In the last race Mestor sold 8 to 5. About $3000 changed hands on the races. The talk to-night is of the team shoot to- morrow. There are a number of the shoot* ing contingent of the Country Club on hand, and the race for the season’s cup bids fair to be hotly contested. R. B. Woodward feels himeelf a sure winner, as one more win will make the cup his per- sonal property. It is said thut the races for Saturday will be of unusual interest. F.R. Webster and Major Rathbone are leaving no stone un- turned to make everything a success. An Arab Village Wrecked. ALGIERS, Aug. 29.—A waterspout has caused devastation in the Sidi Aichi dis- trict. An Arab village was totally wrecked. Four of its inhabitants were killed and many were injured. The great volume of water which fell when the spout broke inundated the territory for a_distance of ten kilometers and swept two iron bridges from their {foundations, leaving them masses of bent and twisted iron. sl e German-American Veterans Feted. BREMEN, GErMANY, Aug. 20.—Bremen gave an enthusiastic reception to the Ger- man-American veterans yesterday, and last evening entertained them at festival commersin the Park House. Herr Mueller of Bremen delivered an address of welcome to which Herr Schieucker of Chicago re- plied, expressing the thanks of himself and comrades for their reception,and in conclu- sion called for cheers for the Emperor and the empire which were given heartily. In the course of his remarks Schleucker gave a history of the German-American Veteran Union of Chicago. The entertainment was ended with a display of fireworks. The veterans proceeded to Hamburg to-day. e TROUBLE OF THE COLONNAS. The Report of a Settlement Between Them Denied. NAPLES, Irarny, Aug. 29.—The report that a formal settlement has been made between the Princess Colonna, daughter of the California millionaire,John W.Mackay, and her husband, Prince Colonna, is de- nied. It wassaid that an agreement was made that the Princess was to have the care of the children and the Prince was to receive an annual income of 60,000 francs. Itis now claimed that the relations be- tween them remain the same. Prince Colonna is at Sorrento with the boys, who occasionally visit the Princess. The Princess is at Castellamare with her daughter, and the latter visits her father at Sorrento frequent e FLESH TO BEARS. Crimes Committed by Two Roumanian Trainers. BUDA PESTH, Aug. 29.—Two Rou- manian trainess and exhibitors of perform- ing bears, have been arrested in Debreezein, in the Haiduck district of Hungary, charged with having fed their animals human flesh. In the courseof their ex- amination the men admitted that they had killed four boys, cut their bodies to pieces and fed their bears with the flesh. The confession of the prisoners has aroused popular indignation to the highest pitch. e FED HUMAN Terridble German Goods in Japan. BERLIN, GERMANY, Aug. 29.— Acting upon suggestions made by the German en- voy at Tokio and Baron von Berlepsch, Prussian Minister of Commerce, the cen- tral committee of the German Manufac- turers’ Association will publish a periodi- cal in the Japanese language for the pur- hose of advertising German goods in Japan, ater the committee will publish a similar veriodical in the Chinese language. - Seven Persons Drowned. HALIFAX, N. 8., Aug. 29-—A dispatch from Charlottetown reports the probable loss of seven lives, those of five menand two women, who went from Cape Bauld in a sailboat to Fifteen Points a week ago. They remained there with friends over night and left next day to return. Nothing has since been heard of them. The sup- position is that the boat foundered and that all were lost. gt e Hayti and San Domingo. ROME, Irary, Aug. 29.—The Pope has instructed Cardinal Macchi to study the dispute between Hayti and San Domingo regarding the boundary between these two republics, the Presidents of which recently appealed to the Pope to act as arbitrator of the controversy. Cardinal Macchi will re- port to the Pope on the conclusion of his investigation into the facts of the case. e Many Houses Burned. ROTTERDAM, Horraxp, Aug. 29.—A fire started in the town of Zaluwe, near this city, last evening and is still burning. Thus far forty-three houses have been de- stroyed, the inhabitants taking refuge in the railway sheds and open fields, Zaluwe is a town of 4000 inhabitants. e »in a Russian Town. LONDON, Aug. 29.—A dispatch from Moscow says that half the {own of Yuknohoff, in the province of Smolenski, has been burne: Big e un's Mother Dead. COLUMBUS, Omnio, Aug. 29.—Mrs. James Dun, the mother of the United States Minister to Japan, Edwin Dun, died last night at her farm home near London. A GROUP OF GOLD MINES, How a Specific Contract to Purchase the Property Minister Was Made. Sult to Compel the Fulfillment of an Agreement of Record. The treasures of earth enrich the Pino Blanco group of gold mines in Tuolumne County. John N. Linehan, who has been prospecting and experting mines for thirty years, told such stories of the wealth of gold in this group that his re- port read like a fable. Mr. Godby, a cap- italist from Denver, representing men of opulence and influence in New York, went to the mines mear Sonora with Linehan, and when returning answered, like the Queen of Sheba after her visit to Solo- mon, that half had not been told. In order to possess these riches Godby, on behalf of his associates, commissioned Henry W. Chase to negotiate for the pur- chase of the property. According to a complaint filed in the Superior Court yesterday, wherein Chase was the plaintiff and the defendants were J. L. Ross, P. P. Chamberlair, Annie Kline Pikert, Alvinza Hayward and Charles Lane, the three first-named de- fendants agreed on April 11, 1895, to dis- pose of the mines to the plaintiff. The agreement or contract was duly recorded. Chase agreed to deposit $12,500 in the First National Bank, of which Samuel G. Murphy is president, and the defendants were to deposit deeds to the property. The question of title, should any doubt arise, was to be settled by the California Title Insurance Company. On the execu- tion of deeds for transfer of the property a sum of $30,000 should be paid. Itwas agreed as to future and final payments that $42,500 should be paid in six months and $40,000 in tweive months. Promissory notes secured by mortgages on the mining property were to be given. . The plaintiff says that he was then and is now able and ready to fulfill all the conditions of the contract, and so notified the defendants, but the defendants replied that they would not perform the same. According to the story in the complaint, Alvinza Hayward and Charles Lane claim to have in'the Pino Blanco group some right or title, but Chase avers that the right or title is subsequent and subject to the rights of the plaintiff. Therefore, the Elamn_‘f. throufh his attorneys, Delmas & hortridge and H. K. Mitcheli, ask that the court compel the defendants to per- form the contract specified. Thelx;apers in the case do not bring to light the negotiations between Mr. Chase on one side and Mr. Godby of Denver on the other. It is ascertained from other sources, however, that Godby and his as- sociates agreed to pay Chase for eight mines of the group—one mine being re- served—a sum largely in excess of the amount specified in the contract which the laintiff entered into with the three de- lendants. The mines are so rich that a valuation of $750,000 is regarded as below rather than above the true mark. Whatever the worth of the %roneny may be Alvinza Hayward and Charles Lane managed by some process unknown to Mr. Chase ‘and his attorneys to get possession of the group, and they are reported to be working the mines. There is no record in Tuolumne County of the transfer of the property to H.ywnrd and Lane, hence the manner by which they obtained possession is a mys- tery which the court may solve. RUDOLPHSPRECKELSSUED His Father and Mother Seek to Recover Valuable Stock. THE PRESENT WAS INVALID. Shares of Paauhua Plantation Com- pany Worth Half a Million Dollars. In the suit of Claus Spreckels and Anna E. Spreckels, plaintiffs, vs. Rudolph Spreckels, defendant, the attorneys for ! vlaintiffs — Delmas & Shortridge—yester- day filed a brief on demurrer in Judge Slack’s department of the Superior Court. This is an action brought by the plain- tiffs as husband and wife to recover from the defendant 5000 shares of the stock of the Paauhua plantation, part of their com- munity property, which they allege he un- lawfully detains from them. The defendant’s asserted title rests upon a gift from the plaintiff, Claus Spreckels. On the other hand, it i3 claimed that this’ gift is invalid because, though made by the husband after the passage of the act of March 31, 1891, it was not sanctioned by the consent of the wife. The main point for discussion arises from a divergence of views upon the con- stitutionality and operation of this statute. The first contention of the defendant is that the statute of 1891, if made applicable to the facts in this case, is retroactive and unconstitutional. In reply it is contended that the statute, though it operates upon the disposition by gift of community property acquired be- fore its passage, is not retroactive. The subject matter of the act is the regulation of gifts of community property. It only affects dispositions thereafter to be made. If it had said that gifts of community property made by a husband before its passage, without the consent of his wife, | should be invalid it would have been | retroactive. But it is obviously intended to apply only to gifts made after its passage and | then, of course, is not retroactive. Atall | events it is sufficient to say upon this | point that here the gift was made after the passage of the act, and the question of what the effect of the amendment would be upon gifts made before is immaterial. \V}\en the claim is made that the statute of 1891is unconstitutional in that it de- prives the husband of a vested right the argument assumes, as its foundation, that the husband had before the passage of the act the vested right to dispose of com- munity property by gift as he might of his own separate property, and that conse- | quently the enactment which makes his | power of disposition subject to the consent of his wife is a deprivation of that right. The answer to the contention is found in { the fact that the husband never has had— { no more before than since the passage of the act—the power of disposing of the | community property at his pleasure by gift as he could of his separate estate; and that, besides, if he had such power it was derived wholly from the Legislature, and the power which conferred it may take it away. The brief quotes decisions and authori- ties at great length on lhcieclurnpnsi(ious. The next contention of defendant is | that there is a misjoinder of parties, in | that the wife cannot in an action of this kind be joined as a plaintiff. The brief reviews the contention, taking | the ground that the statute of 1891 was Jssed to protect not husbands but wives, t was the spoliation of the wife’s right by the husband which the Legislature was seeking to check and prevent, It placed in the bands of the wife the shield for her own protection by giving her the means of reserving as well for her husband as for erself the community property. “To be told that, if, in plain and mani- | fest violation of the language and intent of | the statute, the husband shall give away the community property, the wife cannot | or redress the wrong—to say that the right to seek redress, in such a’ case, is lodged | exclusively in the husband’s hands, and | that the Legislature intended that the | confided solely to the one against whose | wrong that protection is needed, would, | indeed, make the promise of the law-giver | ‘as false as dicer’s oaths—a rhapsody of | words.”” { The third contention of the defendant is that the plaintiffs have no standing ina court of equity, because their remedy at law is adeguate and complete. In reply to tbis plaintiffs argue that the | stock In question, though community property, had been issued in the name of Claus Spreckels and he appeared upon the books of the corporation as the owner thereof. The transfer of the stock to the defendant was made by delivering these certificates indorsed in blank with the name and signature of Claus Spreckels. “The defendant surrendered the certifi- cates thus indorsed to the corporation and procured to be issued, in lieu thereof, new | | certificates in his own name and the stock | now stands in his name upon the books of the corporation, in which he ap- indorsing his name upon the back of these new certificates, transfer them to any third person, and such person can, in turn, by | surrendering them, procure new_certifi- corporation. He has already hypothe- | cated large portions of this stock.” | they are entitled to ask that the defendant, | **having the possession or control of a par- ticulararticle of personal property of which specifically deliver it to the person entitled to its immediate possession. “We_bring ourselves, therefore, within the principles which under the general doctrines of courts of equity would entitle us to a specific delivery of the stock in question, and are not driven to a receiving of a mere money judgment as damages for the taking thereof.” The fourth contention of defendant is that itappears upon the face of the com- laint that the plaintiffs have by their aches lost the right to come into a” Gourt of equity for relief. In answer to this_contention, the plain- tiffs hold that the doctrine of laches has no application to the case presented by the compplaint. The action is one for the specific recovery of personal property. “What is there, then, upon the face of the complaint to deprive the plaintiffs of the statutory right of bringing their action within the statutory time? They have sued within twenty-two months of the time allowed them by the statute to sue.” The fifth contention of defendant is that the complaint is defective because it con- tains no averment of rescission. Inreply to this the brief says: “The plaintiffs here do not base their rights upon rescission of the contract of gift. fraud, undue influence, failure of consid- | eration, or the like. They found their action upon the fact that the| asserted title in the hands of the defendant is absolutely void; that no act of tneirs is needed to make it so; that an attempted fiift of community property made by the usband without the consent of the wife is no gift at all, and is, therefore, ineffectual to transfer or affect the community’s in- terest in the property. They maintain that the wife’s previous or concurrent as- sent, evidenced by a writing, is a condi- tion precedent to the husband’s exercise of the statutory power to dispose of the com- muniéy by gift; that, where this condition precedent has not been fulfilled, the hus- band’s act is void for want of power to per- form it—a nullitg." Replying to the sixth contention, that the complaint is not sufficient because it does mnot aver that the wile did | their power to transfer the stock to other L) i office and after waiting for about four | character of such judgments being best in- invoke the protection of the courts to avert | protection of the wife’s rightsshould pe | i pears as owner. He can, now, by merely | | cates in his own name to be issued by the | [ The plaintiffs contend in this case that | | he is not the owner, may be compelled to | [ They do not claim that that contract | : was obtained by mistake, duress, menace, | B not know of the husband’s at- tempted gift, the brief argues that the wife's knowledge is not the act which the statute declares essential to the valid- ity of the husband’s gift. Not only must she know, but she must consent; not only must she consent, but her consent must be evidenced by a writing, The brief contends, finally, that the plaintiffs are entitled to have the defend- ant restrained, pending the action, from transferring the stock. “Upon the g‘;gument already made we | are entitled to'have the stock transferred tous. Should the defendant, in the mean- time, make over the stock to innocent third parties, it would have a very great ten- dency to render any judgment that might be obtained bere ineflectual. “In that event, of course, we could not get our stock from the defendant. The judgment would not be binding upon his assignors, they not being parties to the action. Should we bring against them the same action which we have brought against the defendant here they too, un- less restrained in limine, would have it in parties, and thus relief would forever elude our grasp. The only way to insure the efficacy of our judgment here isto grant and now maintain the injunction. “‘Secondly, we are entitled to an injunc- tion against the defendant’s reception of the dividends. *If we are entitlen to the stock we are entitled to its proceeds. The one goes with the other. Equity will not administer relief piecemeal. It will compel the de- fendant to account for the dividends already received, and if, as is admitted by the pleadings, he is not the owner of the stock, but wrongfully in possession thereof, there is no reason why, pending the litiga- tion, he should be allowed to receive divi- dends’which belonged not to him, but to us.” The value of the stock is $900,000. Ru- dolph Spreckels, to whom it was given, was married a few days since to a well- known society belle—Miss Nellie Jolliffe. CONFESSED TO FORGERY, James Sargent of Boulder Creek Cashes a Bogus Check and Is Cleverly Caught. On Wednesday afternoon a well-dressed young man presented a check for payment to the paying-teller of the Donohoe-Kelly Bank on Sutter and Montgomery streets. The check was for §300 in favor ot John Stan- ley, or bearer, and purported to be signed | by H. L. Middleton, & lumber and general | merchant of Boulder Creek. The teller | closely examined tbe signature, which ap- | peared to be all right, and paid over the | money. Half an hour later the cashier of the bank concluded that Middleton’s signature was a forgery and at once notified police head- quarters. Deteclive Whittaker was de- | tailed on the case. He declared that the man who committed the forgery must have been familiar with Middleton’s signature, and he_ ascertained that a voung man named James Sargent, who bad been em- ployed in Middleton’s store, was in the City. That night he learned where Sar- gent had a room, but found on going there tlm(tlhe had fled, leaving his rent bill un- aid. On the floor of his room Whittaker found scraps of paper, and the writing on them satisfied him that he was on theright trail. He also found alaundry bill, and he rightly concluded that by watching the laundry office he might catch him. Yesterday morning, accompanied by Officer Heynemann, he went to the laundry hours, Sargent called for his washing, and he was immediately placed under arrest. He struggled fiercely, but was quickly sub- dued. When taken to the City Prison $200 of the money he received from the bank was found in his pockets. He broke down and confessed committing the forgery. He | Snild he had spent the other $100 in paying | ills. —— .. Prejudice was originally nothing more | than a judgment formed beforehand, the | dicated by the p-esent meaning of the word. A VAST FLOWER GARDEN. F. B. Beckett Discovers a New Process of Extracting Odors. AN INDUSTRY FOR CALIFORNIA. All the Sc;nta Now Used in America Come From Forelgn Countries. After vears of patient toil, hard study and almost endless experiments F. B.| Beckett has discovered a process that seems destined to be the means of estab- lishing an important industry on the Pa- cific Coast and the only one of its kind in America. Mr. Beckett’s disccvery consists of the art of extracting the odors of flowers al- most instantly, thereby effecting a great saving in both labor and time over the present process. The one thing above all others that makes Mr. Beckett’s invention commer- cially valuable is the fact that 90 per cent of the perfumes used in America have had their origin in foreign countries, France furnishing the largest portion of the odors used in making them. “I am hardly ready to have my discov- ery on the invention heralded to the world as a tprocess that will revolutionize the art_of perfumery,” said Mr. Beckett yes- terday. ‘1L am freze to admit, however, that i have a method of extracting the odors of flowers that will cheapen the cost of perfumes three-fourths. have ap- plied for and secured patents on each idea as quickly as they evolved, but until one or two minor details are perfected no one but the authorities at Washington will be admitted to any of the secrets of the pro- cess, the discovery of which has cost me years of hard study. “Here are a few samples of perfumes which I have just made,” continued Mr. Beckett, pointing to small vials of rose, violet and tuberose extrasts. ‘“You will observe that the bouguet of the rose, or any of the perfumes for that matter, is identical with that of the flower, which is goc true of any perfume now on the mar- et. “The art of manipulating odoriferous substances for the gratification of the sense of smell is best understood in France. There are thousands of people in the Latin countries who follow flower-gathering as their only occupation, many of the most rovident owning what we would term a gower ranch. The product of these farms is sold directly to the manufacturer, when the process of evaporating or absorbing the odors is begun. This is accomplished by spreading oil or grease over trays and tables, and then laying the flowers gently over the greased surface. After a given length of time, varying, of course, with the flower, the oil or grease is carefully gathered up, packed in small cans, when it is ready ?or either house use or exporta- tion. This odorized oil is _converted into perfume by placingit in spirits, where it is readily absorbed, resulting in violet, rose or jasmine extract, as the case might be. “My process does away with all this time and labor, necessarily decreasing the cost of perfumes to the consumer. This ques- tion of cost has been the one thing that has | prevented the manufacturing of odorsin | America. No spot in the wprld is so richly endowed in the way of flowers as is Cali- fornia, and certainly no section is so fa- vored by nature. *‘I honestly believe that the manufacture of perfume is destined to become the gre:w— est industry of California and that before | many years the State will be one big flower garden.” Flower-farming is confined almost ex- clusively to the valley of the Var, France, the triangular. portion of which has Grasse for its apex and the Mediterranean shore between Nice and Cannes for its base. The total area is about 115,000 acres. Here the jasmine, tuberose, cassia, rose and vio- let grow to perfection, and the process of enfleurage and maceration is employed to such an extent that it has become the per- fume mart of the world. Last year there were gathered 3233 tons of roses, violets and orange blossoms. Most of the Califor- nia flowers are perpetual bloomers, while in France the harvest time varies from thirty to sixty days. This would, of | course, be of immeuse advantage to the flower-farmer here. Some years ago Congress sent a commis- sion to examine the Yosemite Valley, with aview of utilizing the wealth of flowers which is to be found there, but it was de- termined that the cost of gathering would be so great as to preclude the possibility of competing with the European factories. WALKERLEY WILL CASE. The Supreme Court Expected to Hand Down a Decision Very Soon. The decision of the Supreme Courtin the celebrated Walkerley will case is ex- pected within the next two or three days. The case is one of unusual importance, in- volving the doctrines of trust, alienation, construction of wills, perpetuities and | homesteads. The Supreme Court has had the matter under advisement for nearly five months, and for that reason alone there are many attorneys who think that the decision may have a bearing on the legality of the trust provisions of the Fair will Under the original will made by William Walkeriey, his wife, Blanche M. Walkerley, now Mrs. W.F. Burbank of Los Angeles, was to receive $200 per month from certain property for a period of twenty-five years, | provided of course she lived out that | period. At the end of the allotted time | Mrs. Walkerley was_to receive the sum of | $100,000, the remainder of the property to be then distributed among some fourteen | cousins and nephews. Later a codicil was added to the will by which Mrs. Walkerley was to be immedi- ately paid the sum_of $100,000, and a post- humons_ child a like amount, the whole to be paid out of the proceeds of the sale ofthe property from which Mrs. Walkerley was to_receive $100,000 should she live out the period of twenty-five years. The widow sued for the entire estate, but was only allowed the amount named in the codicil. An appeal was taken to the Supreme Court, and it is this decision that is now | so eagerly looked for by attorneys in the Fair will suit. The Walkerley estate has been in court in one phase or another for seven years, dur- ing which time the rents of the property have amounted to over $200,000. Nearly all of this has been spent in fees, commis- sions, allowances and interest on lezacies. It is nearly three years since Attorney Arthur Rodgers, in behalf of the widow, instituted an_action to determine the val- idity of the will, or more particularly the trust clause, by which Mr. Walkerley en- deavored to prevent any sale of the prop- erty for twenty-five years. s In addition to the Union Club building, corner of Post and Stockton streets, the estate owns property valued at $900,000. If Judge Greene’s decree is affirmed the | Union Club building will be sold and Mrs. Burbank given $200,000. The residue of | the property will be divided among four- teen heirs, living in England and Aus- tralia. Attorney H. C. Firebaugh, representing | | the foreign heirs, is of the opinion that | the decision of the Supreme Court, whether it be for or against his clients, can have no | bearing whatever on the trust clause of the | Fair will. Leading counsel on the other | side, however, do not entertain the same | views, and their opinion is entertained by young Fair’s attorneys. e The first regular peal of bells hung in | England was that sent by Pope Calhixtus 11T as a present to Kings College, Cam- bridge, in 1456. For three centuries it was the largest peal in the country. BAWNMORE'S CREW SAFE Captain Woodside Lost His Bearings in a Dense Fog on the Coast. COOLNESS OF THE SAILORS. The Survivors Camped on the Beach Near the Scene of the Disaster. Yesterday’s news from the scene of the wreck of the steamer Bawnmore, reported the catastrophe not'so disastrous as at first thought to be, No lives on the vessel were lost, and out of the crew of twenty-five persons, only one man, a Japanese who became frightened and abandoned the steamer with a companion when she struck, was lost. All bhands were camped on the beach, and Captain Woodside reports that he will remain there as long as there is & chance to save anything floating ashore. The crew landed in a small boat without any mishap. The vessel went on the rocks in a densa fog abont 5 o’clock in the morning of the 28th inst., and Captain Woodside stated it he could have procured assistance within a short time he would have got his ves< sel off. They were steamipg slowly through the darkness, totally unacquainted with their whereabouts, and the first intimation off immediate danger they had was the sound of the surf, then the grinding of the steamer on the rocks. She went broadside on and hung easily on a reef. Theengines were backed, but without avail, and pres- ently she settled more firmly on the shore. The seas began to break heavily over her and everything on deck, including the boats, cars and lumber, began to wash away. The officers and crew remained | until it was seen that she was doomed and then they took to the boat and reached the land. There being no wire communication be- tween Gold Beach, the place where she struck, and Bandon, it was twelve hours before the news reached the latter place. There was no excitement among the men, and Captain Woodside, whose cool- ness was only equaled by that of his wife, was able to control them. They obeyed his orders and remained by the ship until he directed them to man the boat. The two Japanese disobeyed orders and tried to swim for the beach, one losing his life in the attempt. The vessel and cargo are a total loss, They were valued at $125,000,fpartinlly in- sured. The tug Monarch left yesterday for the wreck. 2 Frederic Anson Dead. Frederic A. Anson, the scion of a noble English family and a brother-in-law of Mr. Walters, one of the proprietors of the London Times, died yesterday at St. Luke’s Hospital of consumption. Anson was employed in an English bank owned by a wealthy nobleman, to whom he was related, up to a few years ago when he inherited $25,000 and started on a pleas- ure tour around the worid. His mogey gave out when he arrived here, and he never returned to his native land. His health gave out, and as his wealthy relatives refused to come to his assistance he went to the City and County Hosvpital and remained there until friends in this City learned of his condition and had him removed to more comfortablas quarters at St. Luke’s. His death has been expected for soms time past. — FOR Alterations an trade. 2d—We know that tr: (Saturday) at 9:30 Money Back if Not suit you, bring back the good are genuine. one price in the window and in the store. “Cut-in-Two” Prices: be dull for several months now, and having bought in New York the largest and finest stock of Fall and Winter Clothing ever brought to San Francisco, we must reduce our present stock to make room for it. We’ve Got to Sell. There’s no “fake” about this. have been humbugged so much recently with Fire and Water sales and schemes of all kinds that we believe a GENUINE SALE will prove a good advertisement for us and help us sell our immense stock now on hand. SALE COMMENCES To-morrow Morning B If for any reason your purchase does not money. The prices here and in our windows You can find the identical goods in the store at the prices quoted—not TWO REASONS d Importations Mean Devastation in Prices on Clothing. ® 1st—We have found it necessary to make alterations in our store to secure better light and better facilities for handling our large M A ade is going to The people 10 75 dozen Fine Blue Cloth Yachting Caps, regular prices 75¢ a; 25 dozen Boys’ Yachting Caps, regular price 50c. ..... FURNISHING DEPARTMENT. 125 dozen White Shirts (laundered), regular price 75c and $1. 75 dozen Negligee Shirts, all colors, regular price 75¢ and $1. 125 dozen Colored Undershirts, regular price 75c........ 500 dozen 4-Ply Collars, all styles, regular price 3 for 50c 250 dozen Fine Ties, assorted shades, regular price 25¢ and 50c. 500 dozen Fine Hemstitched Handkerchiefs, regular price 25¢ 225 dozen Seamless Socks, regular price 15¢. 120 dozen Culffs, all styles, regular price 25¢. o’clock. Suited ! s and get your a different one 200 pairs C Boys’ Long Pants Suits, ¥ £ Boys’ Long Pants Suits, sizes 13 to 19 years, regular price $7.. Boys’ Long Pants Suits, black and blue Cheviots, Silk Mixed, an: Tweeds in all shades, regular $10, $12.50 and $15 Suits 1000 pairs Boys’ Knee Pants, 4 to 14 years, regular prices 50c to 75¢ auntleroy Blouses, with ties attached, regular price 75c....... HAT DEPARTMENT. 25 cases Black, Br 500 L TERATION SA I.E! 'AFEW, AND JUST A FEW - “CUT-IN-TWO’ PRICES. MEN’S DEPARTMENT. Men’s Black and Blue Double-Breasted Suits, regular price $7.50 Men’s Black and Blue and Mixed Double-Breasted Suits, regular p: en’s Black and Blue and Mixed k M 11 High-Grade $20 to $25 Fine Dress Suits Men’s Good, Stylish Overcoats, velvet collars, regular price $7.50 Men's Blue, Black and Brown Beaver Overcoats, regulnr(%rica $15. Men'’s Fine Dress Overcoats, regular prices $15, $18 and $20.. 500 pairs Men’s Wool Pants, fancy stripes, regular price §2 200 pairs Men’s Worsted Pants, regular price $2.50......... assimere and Cheviot Pants, regular prices $3 and $4.. BOYS’ DEPARTMENT. Boys’ Double-Breasted Suits, sizes 4 to 14 years, regular price $2.50.. Boys’ Double-Breasted Suits, sizes 4 to 14 years, regular price $3.50 1000 Boys' Suits, all wool, black and blue Cheviots and prices $4, $4.50 and $5 “ “ “ “ “ “ H. SUMMERFIELD & CO., STRICTLY ONE-PRICE CLOTHIERS, 924, 926, 928, 930 MARKET STREET. Double-Breasted Suits, regular prices $1: ars, regular pri own and Dr?b Fed?ras, regular price $1.50. . . . i « g .cut t0$4.95 .cut to $7.45 50 to regular prices $16.50 to cut to $1.45 .cut to 1.95 ular .cut to 3.35 .cut to 3.95 .cut to 4.95 cotch .cut to 8.45 cut to 25¢ .acutto 40c ixed Tw 250 “ -.cut to 55¢