The San Francisco Call. Newspaper, September 4, 1895, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 4, 1895 AMUSEMENTS. 'HFATER.—¢ The Ma: A THEATER—*“A Woman of No Im- portance” and SThe Major's A ppointment.” ROSCO'S OPERA-HOUSE—“ Acrozs the Poto- ked Ball.” TIVOLY OPERA-BOUSE—“F: ORPEEUM—High-Class BUSH-STREET T Capt. Cook.” ‘bett Grand Con- riday, September 6. s’ FATR.—Larkin street, near Market. STATE BoARD OF TEADE EXAIBIT.—575 Market £treet, below Second. Open dail dmisslon free. X ATR—Sacramento, Septem- CITY NEWS IN BRIEF. The Pacific Mail steamship Peru sailed yesterday for China and Japan. The Ameriean ship Shepandoah arrived yesterday, 117 days from Liverpool. Local items, bright and brief, this page of the CALL < last night decided rely for juveniles. ners decided that s o official entity, The Harbor Ca A. Page Brown, ar The fifth annual convention ef the Pacifie ress Association opened yes- John s gave an address on “Profit,” istitute of Applied Chris- tianity! the pew traffic manager, says to open markets for California the predic- . Hammon s ht official W. H roducers’ Associa- California goods ' and dver! street-sweeper, was run ed truck on East street led for record a general him by the departed col- hain. raflrond companies are ge in the CALL for the ac- ers. mother-in-law to Anthony 1dge Hebbard's court yes- divorce trial. » involving the value of bonds in acts has just been submitted to Peace Groezinger. 1 of the Harbor Commission- ed his blu: pencil upon a ic Railrond order. en delivered an interesting ad- e Central Methodist Church on the »f u Sunbeam,” last night. Co-operative Association will 1t and bakery st 917 Mission o & co-operative basis. Reed briefly outlines the work dertaken by the Civic Federa- on is perfected. y-owners scuth of Golden Gate Park t & committee to ask the Board of Super- to have Southside district surveyed. Dr. Voorsanger, minister of the Congregation Emanu-El, arrived home yesterday after an ex- tended cities The Welkerley trust has heen declared in- by the Supreme Court. The decision is of the of ¢ » through the principal Eurcpean upposed to affect the Fair and Macdonough trusts, The public demonstration at Columbia square next Thursday night to request the bitumin- izing of Folsom street promises 10 be & great success. The H matic mos series of lectures and exhibits, with Chicago as headquarters. n station 32 atabout5 were for_a fire , at 25 and 27 58 at 456 patients were exa r. Of these 305 were com- asylums. of Osaka, Japan, tells Labor itzgerald of some of the pos- al cheap labor upon the s arrested yesterday morn- ing at_the > Hotel on a werrant from Santa Cruz ¢ 1im with obtaining goods end money b scs. mmander Henry E. s’ term in_this pector three y been deteched. place will be der Frank Courtes. lins “‘English Bil},” who 1 eet for seiling pools ded guilty in Judge d was fined $20. fenlo Park ical seminary I eccommodate nded len of the Brooklyn, N. Y.. Knights or, writes to Labor Commissioner Fitz- a advocating legislation that would put v restrictive headisx upon Asiatic im- ger! a hea swore terday mbe chewing-gurm, valu forty-one boxes 160. ion Hall were ident in Gold- thrown from a ubly die. Miss Hall cover. e Braunstetter is wanted on the of obtaining on June 29 from P. Sigel 0 by f representing thet he had ontana which he was to ive here on July 3. The Real Estate and Development Company have petitioned the Board of Supervisors to co the grade of Missouri street, between hteenth and Nineteenth. The company claims to own a1l the frontage. Welter Ross, who is implicated in the rob- bery upon Grace Walls at 1263, Morton street turday night was arrested in Oskland ay and brought over to the City Prison, ere he was booked on the charge, Contractor Henry A. Whitely says he has gneda toial frontage ot 991 feet of Indiana et, next Twenty-second, and he has peti- tioned the Board of SuperviZors for permission to grade the street to the official level. T. McLean, customs inspector, who was scharged on_Friday by Gollector Wise, swore out a warrant in Judge Joachimsen’s court yes- terday for the arrestof Frank Anderson, cus- toms inspector, on the chaige of petty larceny. James Sergente, who forged the name of his former employer, A. H. Middleton of Boulder Creek to a check on_the Donohoe-Kelly Bank . was vesterday held to answer before erior Court by Judge Conlan in $3000 Camille Preston, a guest at the Grand South- ern Hotel, swore out a warrant in Judge Low’s court yesterday for the arrest of M. Hyman on the charge of embezzling a solid gold bracelet set with diamonds and a lerge emerald valued at $300. Policeman J. L. Murphy bailed a fire truck at Market and Fourth streets yesterday after- noor. that was being driven to a fire and stepped so close to it that one of the hind wheels passed over his right foot, erushing it. He was taken to the Receiving Hospital. The State Board of Health telegraphed the Marine Hospitel authorities vesterday, re- questing that Honolulu and Oriental ports where cholers exists be declared infected, and that such quarantine regulations against them be established as may be deemed advisable. to re- George Crehore, who pleaded gnfl‘!{v moving 8 2-cent stamp from a letier addressed to & man in Santa Rosa, and who was fined $50 by Jlld%t Morrow in the United States District Court last Friday, was yesterday discharged from th He was e letter- carrier. Ernest Kelly, the young man who wasar- rested on Saturday on two charges of obtein- ing money from married women by represent- ing that he had procured a situation for their husbands, and was admitted to bail, was ar- rested sgain yesterday on another charge pre- ferred by Mrs. Berth Kroon. Mrs. Mary Woodley has been committed to the Napa Asylum by the Insane Commission- ers. The examination showed she had been an epileptic for three years, and had frequentl: threatened the life of herself and husban Ehe jumped into the bay three times in her efforts to drown herself, but was always fished out. District Attorney Barnes made his opening statement to the jury in the Durrant case yes- terday morning, and in the afternoon the pris- oner, the jury, the Judge and the attorneys visited Emmanuel Church and inspected thor- oughly the scene of the murder of Blanche Lamont. The hearing of evidence will begin this morning. Postoflice service. A RACE AGAINST FIRE, The Bark Brunel’s Narrow Escape While Rounding Cape Horn. CARGO A SMOLDERING MASS. Captaln Frampton and the Crew Rewarded for Thelr Bravery on That Occaslon. Five days on fire, a race around the Horn to Port Stanley, sunk to the scuppersin order to drown the fire, and 2000 tons of smoldering coal thrown into the bay be- fore all danger was past are features of the record of the British bark Brunel during her last voyage. The vessel arrived last Monday from Newcastle, N. S. W., after a remarkably fine passage of sixty days, beating the Crocodile seventy-two days and the Mar- pesia sixty-nine days, while the Criccieth 75 days, Glenbreck 71 days, Stanmore 67 days and Scottish Moors 61 days are still anxiously looked for. When Captain Frampton opened his mail thismor he found a letter from the Marine Under- writers’ Association of England, telling September 15 to December 15, limited to re- turn January 7, 1896, will cost $22 30. Tickets from September 16 to December 15, limited to twenty days, will be sold for %16 35; and tickets issued every ten days, from September 16 to December 24, {iml[ed 1o ten days, $11 90. Commencing September 11, regular nine months’ excursion tickets to New Orleans at usual excursion rates. So far there has not been much inguiry among the ticket offices regarding special rates to the exposition. TESTING THE BONDS. A Knotty Case on Builders’ Contracts Submitted in Court. A case of great interest to builders, con- tractors and mechanics has just been taken under advisement by Justice of the Peace Groezinger. The point at issue in- volves the value of a bond given to secure a contractor. The Excelsior Redwood Company sued Contractor James Cochran and his bonds- men, Martin Kelleher and William Meeds, for $28, the value of certain material fur- nished for building a house. There was ne question about the bill; the whole contest settled about the value of the bond. The bond was regularly filed with the Recorder, like thousands of other bonds. The defendants claimed that the bond was void, as the code provides that the contract and bond must be filed at one time, conditional that the bondsmen will pay for the labor and material furnished. They argued further that, like all such legal documents, the bond should specify to what individunals the money should be paid in case the contractor failed to meet his obligation. They held that in the bonds as heretofore made out there was no identification, the payees were all indefin- 1te, creating an uncertainty, they argued, strong enough to injure the value of the THE HORN WHEILE A Fl THE BRITISH BARK BRUNEL, WHOSE CREW TOOK HER AROUND RE RAGED IN THE HOLD. [Sketched by a “Call” artist.] him that over $1000 in American money had been subscribed for the officers and men as a emall recognition of their gal- lantry in fighting the fire when ail hope seemed gome. Of this sum £80 goes to Captain Frampton, £40 to Second Mate Hiilyard, £30 to Third Mate Lessur, £25 to Carpenter McCurdy, to Boatswain Smith and £10 to ordinary Seaman Red- din. These were the men who showed special daring in fighting the flames, and on that account the underwriters made an unusual departure in rewarding them. The Brunel left Newcastle, N. 8. W., vith a cargo of coal for Valparaiso. The rst part of the run was made in quick time, and the Horn was doubled without any special incident. Just as breakfast was ready the second mate reported to Captain Frampton that the cargo of coal was on fire. In a moment all was confu- sion, but it did not take the skipper long to have order restored and every man at his post. The decks began to get warm, and the captain, second and third officers, boatswain and carpenter started to locate the fire. They found that the coal was smeldering both fore and aft. That information was enough for Cap- tain Frampton. He at once put his vessel about and started around the Horn again for Port Stanley. It was a race against fire. Every day the hull grew warmer and warmer, and in spite of the water pumped continuously it was at times impossible for the men'to work on the main deck. The winds were favorable and Port Stan- ley was reached just in the nick of time. There was no beach to run the Brunel on, so the captain could not scuttle her. She was accordingly sunk to the scuppers and then the work of taking out the smolder- ing coal began. It was work, work, work from morning till night, and no -one labored harder than Captain Frampton. When all danger was passed there only re- mained 500 out of 2700 tons of coal and 270 tons of firebricks in the vessel’s hold. All the rest of the cargo had been dumped oveiboard. In order to continue his passage Captain Frampton had to put his men to work tak- ing in balMast. Over 300 tons of Falkland Island rocks were taken aboard before the skipper thought he could safely face another passage around the Horn. The vessel reached Valparaiso in safety and after discharging continued her voyage. The first news that their bravery had been rewarded reached the captain and crew yesterday. £ “] am glad for the men’s sake,” said Captain Frampton yesterday, “but then no one did more than hisduty. Itwas touch and go with us, because if we had experienced the usual Cape Horn weather during our run back to Port Stanley we would never have reached port. All'swell that ends well, however, and the Brunel is still able to make the fastest run of the season between Newcastle, N. 8. W., and San Francisco.” FILLMORE’S ENEMY. Andrew J. Collins Bound Over in One Thousand Dollar Bonds to Keep the Peace for Six Months. Andrew J. Collins, the ex-employe of the Southern Pacific, appeared for sentence in Judge Joachimsen’s court yesterday after- noon on the charge of threatening to kill General Superintendent Fillmore. The Judge briefly reviewed the evidence, and was about to render his decision when Collins asked to be allowed to make a statement. He said his attorney, who was in Oakland, did not think it necessary to be present, as he had assured him the case would be dismissed. He made a long, rambling statement about the refusal of the company to give him transportation from Tucson to this City, and alsoemploy- ment nn;er?ze got here. He denied that he had ever threatened to kill Mr. Fill- more. He had been treated in an inhuman manner by the company, and if he had been charged with threatening to kill any- body outside of an official of the company, the case against him would bave been dis- missed on Friday. Attorney Kelly remarked that the pay- ment of $1000 by the company for the injury to his foot and medical attendance for six months did not look very much like inhuman treatment. The Judge resented the remark of Col- lins that the case would have been dis- missed if the threats bad not been made against an official of the company. He said the evidence clearly proved the charge, and he bound Collins over in $1000 bonas to keep the peace for six months. ————————— Excursion Rates to Atlanta. The Bouthern Pacific Company has issued a circular letter to ticket agents announcing that an excursion rate to the Atlanta Exposi- tion from New Orleans had been established. Tickets to be sold from September 5 to 12, and bond. Besides, it'did not specify in clear terms to whom the money should inure. The point is a new one and is being closely watchea by mechanics and con- tractors. If the defendants win there will be a revolution in the making out of bonds on builders' contracts. _Justice Groezinger has promised a de- cision at an early date. ACCIDENT N THE PARK George MacLeod and Marian Hall Thrown From a Tan- dem Bicycle. His Skull Fractured and He Will Probably Die—The Woman May Recover. George MacLeod and Miss Marian Hall were thrown from a tandem bicycle in Golden Gate Park yesterday morning and seriously, if not fatally, injured. Miss Hall had her right coilarbone broken and suffered concussion of the brain. There were also indications of a fracture of the skull, but she recovered consciousness, and the physicians had great hopes of her ulti- mate recovery. MacLeod's skull was badly fractured. His forehead was crushed in and the fracture extended to the base of the skull. Trephining did notrelieve him. He will probably die. The accident occurred at a steep grade on the north drive, east of the Memorial cross, and was the result, as nearly as could be learned, of reckless coasting. Jockey Narvaez of the Bay District track, who chanced to be riding by as the acci- dent occurred, stated that the pair started down the grade at a terrific pace. About 40 feet from the foot of the grade the woman, who was seated in front, suddenly let go the handle-bar and without appa- rent cause fell from her seat to the road- way, striking on her right shoulder. Her fall apparently rendered the machine un- manageable, and MacLeod was hurled headlong on-the top of his head. George E. Dixon and E. Cameron, bicyclists, who were near by, rendered such assistance as they could, and the injured couple were taken to the Receiving Hospital in an ambulance. Miss Hall was employed in the millinery department of the Palace of ‘Trade, on Market street, and lived with her two sis- ters on Mission street, between Twelfth and Thirteenth. She had ridden a bicycle 1o]r“ne311;]ey;'ye:ilr and was an expert cyclist. acLeod is the proprietor of a cyclery ai 1571 Market street. . heitl SUDDEN DEATH OF RALPH ELLIS, He Came Here for Treatment, but Died on His Arrival. Ralph Ellis, business manager of the Woodland Mail, died suddenly at the Hughes House, 214 Third street, yesterday. He had been ill for a long time with catarrhal jaundice, and had been treated for that disease in Woodland. He grew worse, and came to San Francisco, but be- &qrfi he counld undergo any treatment he led. As no physician had been in attendance on him, the matter was reported to the Morgue. Coroner Hawkins investigated the matter, and came to the conclusion tbat an inquest was not necessary. The body was removed to the undertakin parlors, where it was prepared for remova to Woodland for interment. Mr. Ellis was well known throughout Yolo County, and had a_great number of warm personal friends. Dgnderhipmnug& ment the Mail has grown to be a power in the district, and his business tact ana ability will Le very much missed on the aper. His son was with him when he sied, and he saw to all the funeral arrangements. —_————— An Elegant Souvenir Programme. Tke Channing Auxiliary and Society for Christian Work have arranged to get up a magnificent souvenir for the first open-air performance of ‘“As You Like It,” which will take place on Sutro Heights, Satur- dg afternoon, September 21. Mr. A. H. Baldwin has been engaged to exclusively canvass for advertisements for the souve- nir, the number of which will be limited. * e A Five Hundred Dollar Blaze. At 8 o’clock last night there was a $500 blaze at 214 Ellis street, occupied by Sadie Nichols. ‘The contents of the house adjoining, No. 212, were slightly damaged. The property is owned | by Mrs, Greenwood, 3 ALONG THE WATER FRONT. The Crew of the Shenandoah Complain of the Officers’ Brutality. SCRUBBED DECKS WITH BLOOD. A Street-Sweeper on East Street Run Over by a Heavy Truck and Killed. The big American ship Shenandoah ar- rived yesterday morning, 117 days from Liverpool, with 4505 tons of coal. She left this port December 2, 1894, making a re- markably fast round trip. The Shenandoah experienced the usual rough Cape Horn weather, furious and constant gales and heavy seas. On July 18 a sudden blow came on, springing out of a calm clear sky, and in a short time the huge ship was bending down to the tem- pest with only the storm canvas set. Next day it was calm, and with all sails on, the barometer dropped down, and as they were shortening sail the first squall split the main-topgallant and upper mizzen topsail. Everything was furled except the three lower topsails, upper maintopsail and foreseil. Then the ship was put be- fore the wind and she fairly flew over the billowing ocean. The gale was accom- panied by continued heavy rains. After getting clear of the tempest-swept latitudes they experienced light airs and calms. The ship was becalmed for about a week off this port. This is the official memorandum of the voyage, but that of the crew contains other details, and they deal in the usual tales of savage abuse and needless cruelty to the men who work the ship. Contrary to such stories, the first mate according to the accounts of the men told in their little forecastle, dark, dingy and uncomfortable for so large and handsomea shup, is & quiet and apparently inoffensive man, who shared the ill-treatment of the crew. Be- fore the ship got out of the English Chan- nel he is said to have been jumped on by Captain Murphy and brutaily beaten, The second mate was$ not a bad man, but the third mate, Spvin, made things warm even amid the snow and ice of the Horn. The men report that he tried to persuade them to refuse to holystone the decks and then brutally assaulted a sailor named Joseph Johnson while the man was down on his knees scrubbing the deck with sand and canvas in the snow. When the luckless man was bleeding from kicks ana blows in the face given him by the captain and third otticer he was forced to Keep on at his_work. The blood ran down on the deck and he scrubbed the planks with it. “I never saw such a horrible sight,” said one of the men. ‘‘Johnson wanted to go forward and get a block to kneel on when we got down to scrubbing with sand and canvas. He was clubbed and forced down on the snowy deck and his blood ran down in front of him and mixing with the sand he scrubbed with it. “This treatment continued during all the bad weather, which made our lot all the harder. We had the usual poor food which all sailers get, not enough of it and of a bad quality all throngh.” The Shenandoah isa four-masted bark, with double topsails and skysail yards. Her compiement is twenty-eight men be- fore the mast, but she spils with the scant crew of nineteen men and several hoys. M. T. O'Sullivan, a sweeper employed by the Harbor Commission, was run over at the ferry landing by a truck yesterday afternoon driven by Andrew Desmond and instantly killed. U’Sullivan was sweeping the pavement on Fast street, a little sonth of Market, when Desmond, who was driv- ing a team belonging to W. H. Leech, loaded with hides, came along East street. He called to the sweeper to get out of the way, but the old man evidently did not Lear and was knocked down by the pole of the wagon striking him heavily. One of the wheels passed over the prostrated man’s breast and shoulder, crushing the bones. He died soon after being taken from under the truck. O’Sullivan was about 50 years old, living at 501 Sixth street, and had been working on the street since last March. He was in- dustrious and when engaged with his broom and scoop cleaning up the pavement was seemingly oblivious of the teams rush- ingswi!!ly around him. esmond was arrested and charged with manslaughter. WAR OVERTHE BEER-MUG Troop A Prefers Charges Against the Athletes of Battery F. The Cavalrymen Claim the Trophy Because Professionals Ran In the Games. The athletic competition the other day between Troop A and Battery F of the Second Artillery, two National Guard organizations, has precipitated a merry rumpus 1nstead of engendering the gentle thoughts and social harmony for which it was intended. The massive German beer- mug, which Major Follis offered as a prize, will not flow with the lager of triumph just yet. Until yesterday the supremacy of Battery F on the field and track was conceded by the troopers. From all ap- pearances the contest at the Olympic Club grounds on last Sunday had been fairly won by the artillerymen, and preparations were under way for a social affair, at which the porcelain prize might be appropriately presented. The presentation will not come off fora while, however. The troopers have charged that two of the artillerymen are profes- sional athletes and, consequently, should haye taken mno partin an affair intended only for amateurs. . One of these men is Moore, who won the 100 and 220 yard dashes. It is claimed that Moore has been a professional baseball player and partici- pated in the old Northwestern and South- ern League several years ago. For this reason the members of Troop A propose to have the decision reversed wherever Moore was a winner. This action will affect the result to the material extent of making Troop A the victorious company instead of Battery F. The "cavalrymen are already in commu- nication with the Pacific branch of the Amateur Athletic Union which sanc- toned the contest. A number of Olym- gi;ns have been asked to try to remem- something about Moore’s athletic ca- reer. Captain Sime of Troop A will enter a formal protest to-day. Meanwhile both companies are busy preparing niches in their respective quarters to receive the prize beer-mug. OLEANING SIDEWALKS, TOO0. An Innovation by the Merchants’ Asso- ciation in Street Work. “We have an innovation in our street- cleaning work,”” said F. W. Dohrmann of the Merchants’ Association yesterday, “which seems to work very nicely, and for which the merchants of the City, who re- cewve the benefit, are giving us great praise. “For a couple of weeks we have had two men engaged in keeping clean and free from papers the north side of Market street, where the wind has a habit of 7 switching and whisling around in a_dis-| agreeable manner a great deal of rubbish. “We may increase our sidewalk cleaning orce and make it a permanent feature. We will see what can be done when we find out what the cost is going to be and how we stand financially.’ CONSPIRACY CHARGED. Trouble Between Customs Inspectors E. ¥. McLean and Frank Anderson. E. F. McLean, the customs inspector who was discharged by Collector Wise on Friday for pilfering from the baggage of Chinese, appeared in Judge Joachimsen’s court yesterday afternoon and swore out a warrant for the arrest of Frank Anderson, customs inspector, on the charge of petty larceny in stealing a shirt from a Chinese who arrived by the steamer Belgic on August 22, cLean stated to Warrant Clerk Graham that he was the victim of a conspirscy to get him discharged, and Anderson was the chief conspirator. Anderson had preferred a charge against him to Collector Wise that on August 22 he stole a shirt belong- ing to Sun On, a passenger by the Belgic. McLean said he has two witnesses, Will Sprague and James McGuire, who will teslif:' that they saw Anderson take the shirt and place it under McLean’s coat on the wharf, so as to make itappear that he had stolen it. McLean also said that he would insti- tute a suit for slander against Anderson, who was achinyg to get his place. Collector Wise said Jast night that the investigation against McLean was not yet concluded. He was still taking testimony in the case, and would announce the re- sult as soon as possible. MACKAY O THE STAND He Tells How Ore Is Milled and Sampled on the Comstock. Records Bearing on the Celebrated Jones Milling Contract of 1883. The suit of Theodore Fox vs. John W. Mackay et al. was continued yesterday morning in Department.1 of the Superior Court. A. W. Havens, secretary of the Consoli- dated California and Virginia Mining Com- pany, was the first witness called. He was taken in hand by counsel for the plaintiff on cross-examination, and in answer to questions told about the annual election of stockholders for 1886, and how the proxies were arranged and voted. In answertoa question he stated tbat the Nevada Bank handled all the bullion for the Consoli- dated California and Virginia Mining Com- pany between 1884 and 1891, receiving for this service a commission of one-eighth of 1 per cent of the net returns. Witness did not remember in what year Mr. Mackay went to Virginia City to take charge of the mine, nor could be produce at that mo- ment for the information of - plaintiff’s counsel the weekly and monthly reports of the superintendent for August, September and October of 1887. On a ruling of the court to that effect he would do so later. The witness was here excused and Mr. Sieberst for the plaintiff asked that the case of Consolidated car sample ore be produced in court. The court made no ruling and Havens was recalled and asked by Deal relative to the disposal of bullion, to which witness replied that after leaving the refinery it went to the Nevada Bank. The silver was sold by the bank in open market, always at a discount, while the gold went to the mint. John F. Bigelow, vice-president of the Nevada Bank, testified that he occupied a position with the Virgihia City agency during 1885, coming to San Francisco the following year and taking a position as clerk in the bank. John W. Mackay was called and ques- tioned by counsel for plaintiff concerning the methods of milling and sampling ores. He stated that the old system of sampling was still in vogue, and that he had man- aged a number of mills, Witness here de- scribed the process in detail. He traced the ore from the time that it was taken from the ground until landed in the Mint. Mr. Sieberst asked what would be the difference between mill and car sample assays on $40 ore. The witness answered that he could not tell exactly—probably $5 or $6. “If the pulp assay taken at the mill shows 65 per cent, how much will car sam- les of the same ore show?” “I can’t tell.” Counsel for the plaintiff renewed his re- quest for the case of car sample ore, to be gmduced at the afternoon session, and the efense objected on the usual ground. The court was of opinion that the assay books would better furnish the desired in- formation, and accordingly ordered the defense to Emdnce them in the afternoon, after which an adjournment was taken until 2 o’clock. Deal, the first witness for the defense, when asked about the assay books, said that he had sent to Virginia City for them some days ago, and had received a set of books which, until that moment, he had supposed were the ones required. Upon opening the package, however, he had discovered that it contained other books of the company, but not the assay accounts. He promised to produce them later. Secretary Havens was recalled to the stand and asked about the superintendent’s weekly and, monthly reports for August, September and a part of October, 1887, which he had been instructed to produce in court. He had been unable to find the desired records. He would try to find them later. Mr. Havens stated that the cash in the company’s treasury amounted on Decem- ber 1, 1885, to $78,355 85, and on January 1, 1886, to $94,367 52. The sale of the Morris Dore stock had been included in the latter balance. Clerk Lowell of the Virginia City office of the comgnny was called and testified that on the first contract with J. P. Jones the records showed a loss to the latter of $40,805 75. The trial will be continued to-day at 10a. M A BOGUS WINE MAN. Sanrio Josepha Arrested for Obtaining Money by False Pretenses. Sanrio Josepha was arrested at the Palace Hotel at an early hour yesterday morning by Detective Anthony and Con- stable Corey of Santa Cruz on a Justice’s warrant charging him with obtaining money and goods by false gmteuus. Josepha arrived in the City three weeks ago and registered at the Palace. He rep- resented himself as a traveler for a big New York winehouse. On Saturday last he went to Santa Cruz and purchased 1500 allons of wine from C. H. Bernheim & 0. and ordered it shipped East. He explained to Mr. Bernheim that he was short of funds and asked him to honor a draft for $50 on the New York house. The money was handed over to him. On Monday Mr. Bernheim ascertained that the winehouse was defunct and he at once swore out the warrant for Josepha’s arrest. He was taken to Santa Cruz by Constable Corey yesterday. ————— Found Her Health in California. Mrs. Silby Lawson, or Auntie Selby,as she is fondly cailed by her literary friends of Maryland, departed for home yesterday. Mrs. Lawson has been failing in health for a number of years and was advised by her Baltimore physici: to come to Califor- nia to be treated by Dr. Arthur Marten, a Physielm known as a skilled Iung special- st. She has been here for four months, but iefto restored to good health, and looked t, 100, HER NECK WAS BROKEN. Senator Hugh Toner’s Wife Fell Thirty Feet and Died. THE BALCONY RAIL GAVE WAY. While Hanging Out Clothing to Dry She Dropped Without a Mo~ ment’s Warning. Mrs. Mary Ellen Toner, wife of State Senator Hugh Toner, met with sudden death at her home, 239 Ritch street, near Bryant, yesterday. While hanging out some clothes to dry the balcony railing gave way and she fell to the basement, thirty feet below. Her skull was crushed and her neck broken. Death wasinstanta- neous. Senator and Mrs. Toner, with their two children, occupied the upper flat at 239 The Balcony From Which Mirs. Toner Fell. [Sketched by a “Call” artist.] Ritch street. About 1. M. she and Mrs. M. McCarthy went out on the porch. Mrs. Toner had been washing, and while pre- paring to hang out the various articles of clothing, Mrs. McCarthy took charge of the baby. A pulley-line crossed the yard and in order to reach it Mrs. Toner bad to lean heavily on the balcony-railing. This she had done hundreds of times before and no such thought as that the railing was in- secure_ever entered her head. She hada little skirt in one hand ard a clothespin the other, and, while leaning on the rail, half turned to speak to Mrs. McCarthy. The next instant there was a crash and the unfortunate woman was dashed to death on the pavement below. “I tried to_save her,” said Mrs. Mc- Carthy, “but I couldn’t. When she felt herseli going she called to me and I grabbed at her dress. Ihad the baby in my arms and could not do much. Her dress slipped through my fingers. As quickly as possible I got downstairs and gave the alarm. A. H. Cook, who lives on the lower floor, picked her up and carried her over to Mrs. Thomas McLaughlin’s, her mother.” Mrs. Toner was 32 years of age and a native of California. Her husband at present represents the Eighteenth Sena- torial District in the Legislature, and is well known in San Francisco. Deputy Coroner McCormick made an in- vestigation, and as a_ result the body was not removed to the Morgue. The death was due to an_accident, but an inquest will be held to fix the blame where it lies, “AS YOU LIKE IT.” Names of the Patrons Working for the Open-Air Play. Preparations for the performance of “As Ycu Like It” on Mayor Sutro’s grounds at Sutro Heights on Saturday afternoon, Sep- tember 21, for the benefit and under the auspices of the Channing Auxiliary and Society for Christian Work go steadily;on, and the indicationsare that the representa- tion will be the most elaborate affair of the kind ever attemptied in America. The grand lawn in front of the Mayor’s residence is to serve the purpose of a stage, the great hedge that bounds one side of it as a sounding-board, while a vast stand, capable of seating 5000 people, will be built in the driveway that skirts the lawn oppo- insolvent November 20, but the day pre- vious an assessment was made. Kohn’s share of the levy amounted to $5000, but when he was asked for it he refused to pay. — - A DOUBLE ALARM. Fire in the Rear of a Market-Street Ship Chandlery. ‘The alarm sounded from station 32ata few minutes before 5 o'clock yesterdsy afternoon was for a fire that broke out in the storage shed in the rear of 8. F. Weeks ship chandlery and naval stores establish- ment at 25 and 27 Market street. The fire had its origin in some tarred {felt, varnish and oil, and spreading rapidly communis cated to the rear of houses fronting om Steuart street. It burned so fiercely that Chief Engineer Sullivan believing that un- less promptly checked it would spread and endanger a great amount of very inflam« mable buildings therefore five minutes after the first alarm he had a second one sounded. This brought additional help and in a few minutes the fire was mastered. Several hundred dollars will cover the loss sus tained by Mr. Weeks. At 12 Steuart street Charles Lester, dealer in boots and shoes, suffered loss by water and smoke. The upper part was occupied by Mre. I. Becker, who was one of the suffer- ers by the recent big fire at Brannan and Freelon streets. Her furniture was dam= aged to the extent of 3200. The saloon at No. 14, occupied by John Cobine, was slightly damaged by fire in the rear, but the upper portion, occupied as a lodgings house and kept by Mrs. Haumesser, was considerably damaged. No. 16, occupied by L. Legal, blockmaker, and 18 and 20, occupied by Isador Burns, shipsmith, were slightly damaged. The total loss will not exceed $2500. The fire was the result of an accident. David Dawson, a porter for Weeks, went mto a shed with a lighted lantern. He mounted a ladder, slipped and in _fall}ns the lantern broke and the flame ignite some varnish. Dawson escaped before the flames could reach him. David Cappeli, an extraman of engine 12, was overcome by smoke which he inhaled ana had to be carried away by his fellow-firemen. O’Neil, the Burglar. The preliminary examination of Thomag 0’Neil, alias Jack Gilbert, the “porch climber,” who was arrested by Detective Cody on the night of August 25 as he was leaving the resi- dence at 2224 California street, was held be- fore Judge Conlan yesterday. The Judge held him to answer before the Superior Court in 10,000 bonds. O’Neil has a prior conviction for burglary to his credit. NEW TO-DAY—AMUSEMENTS. L TN ) AnD Co; ! INCORP'D HEATRE "\ PROPS. 3d Week and Last But One of MR. JOHN ! TO-NIGHT (Wednesday) and Saturday Matinee, «THE MASKED BALL.” Thursday, Friday and Saturday Ev'gs, “THE BUTTERFLI&S.’)'( i day Next—4th and Last Week of Mr, s Engagement— . Christopher Jr.” “The auble Shop,”” Etc. PRIEDLANDUR.COTTLOD & (o+ LESIES AND MANAGERS "<+ N N P NOTEN¢ | oy The Crowds Will Go to the House Where They Sea the Greatest Play £ver Seen in Frisco. BY THE STOCKWELL PLAYERS. A Great Star Cast—Oscar Wilde's Play, “A WONAN OF X0 INPORTANCE” Preceded by the Amusing 1-act Curtain-raiser, “THE MAJOR’S APPOINTMENT.”” TIVOLI OPERA-HOUSE Mrs. EENESTINE KRELING Proprietor & Manages SEASON OF GRAND ITALIAN OPERA! TO-NIGHT ! TO-NIGHT! Superb Scenic Production of Gounod’s Immortal ¢ “ATTSTY Special Scenery!——Correct Costumes! Elaborate Accessories! MONDAY EVENING, SEPTEMBER 9— ADMISSION DAY, SOUVENIR NIGHT! Popular Prices—25c and 50c. %0 5Co EVERY EVENING AT EIGHT, DUCTION IN THIS CITY FlRSTo?fi:?Ben of All War Dramas, EVENING PEICES—26¢ and_50o. Famlly Circle and Gallerv. 10c. Usual Matinees Saturday and Sunday. ORPHEUM. O’Farrell Street, Between Stockton and Powell ND SUCCESS OF OUR GRAND SN ?)PENI.\'G OF THE —FALL AND WINTER SEASONI— A MAGNIFICENT NEW COMPANY! MORELAND, THOMESON, AND LUSH, 1EN, H RBIANU TROUPE HUGH EMMETT, RIGHT AND O’BR MONS. CEBALLOS, S MARTINETTI, e JORNNIE CARROLL, Reserved seats, 25¢; Balcony, 10c; Opera chairs and Box seats, 50c. B Secure seats days In advance. BUSH-STREET THEATER. CAPT. COOK OPERAI BY BRANDT AND FORMAN. EVERY EVENING and SATURDAY MATINEE. POPULAR PRICES: $1, 75¢, 50c, 35¢, 25¢c. MECHANICS’ FAIR. site the hedge. The cast has not been entirely decided on as yet, owing to the uncertainty as to whether those chosen to play the principal roles will accept. It was hoged that, owing to their intimate knowledge of Shakes- eare, Samuel M. Shortridge could be in. uced to play Touchstone, George A. Knight the banished Duke and Julius Kahn the part of Adam, but no conclusion has been arrived at. All the minor parts will be taken by the best-trained histrionic talent. Those who will lend their assistance to make the affair a complete success are: Mrs. Lovell White, Mrs. Horace Wilson, Mrs. Henry Krebs, Mrs, Dr. Henry Gib- bon, the Misses Beaver, Mrs. A. E. Buck- ingham, Mrs. G. Upham, Miss Agnes Lowry, Mrs. H. Stebbins and the officers of both the Chnqnin&Auxflmry aud the Society for Christian Work. ASSESSMENT SUED FOR. The Defunct First National Bank of Spokane Aftor Its Shareholders. A peculiar suit was filed in the United States Circuit Court yesterday, when the receiver of the National Bank of Spokane sought to recover an assessment leyied the day before the bank failed. A stockholder refused to pay,so the law has been in- voked. The suit is_entitled F. Louis Glarke, re- ceiver of the First National Bank of Spo- kane, vs. I. Kohn., The bank was declared b} ¥ THE DAY OF ALL DAYS! THE NIGHT OF ALL NIGHTS— WEDNESDAY. . . . . . . SEPTEMBER 4, Half=Million Club Day ! SPECIAL PROGRAMME OF MUSIC BY FRITZ SCHEEL’S ORCHESTRA OF 40 PIECES. in honor of the Half-Million Club. ADMISSION: DAY—-Adults, 25¢; Children, 15¢. EVENING-Adults, 50¢; Children, 256. THURSDAY, Sept. peror's Royal Band. GRAND MUSICAL EVENTI Torbett Grand Concert Company. MISS OLLIE TORBETT, Violinist; BARONESS VON TERMEDER, Planist; THE LUTTEMAN SEXTET OF STOCKHOLM, SWEDEN. METROPOLITAN TEMPLE, Evenings of September 6, 7 and 9, Admission... Reserved Seat Seats now on sale at Sherman, Clay & ' corner Suiter and Kearny sircota.” ) & C%'% 5 — Chinese Em-