The San Francisco Call. Newspaper, September 24, 1895, Page 4

- 4 THE SAN FRANCISCO CALL, TUESDAY, SEPTEMBER 24, 1895, S ————————————————————————— e ————————— et S S Ol eestmenteseeeeeee] i ELTON. Big Lime Kilns in the Path of the Forest Fires. AGING NEAR F CATTLE IN THE FLAMES. the Cowell From One Large Herd on Ranch Cut off Escape. POWDER WORKS ARE SAFE.| The Conflagration Has Spent Its Force In the Vicinity of Santa Cruz. —The for- 1g in this vi- s is somewhat 3 orces of men are ifferent localities fighting | in the vicinity of ]| ver the lands of | ekiln Company, burning | 1 timber and the cord- | langering tie Holmes The Big Tree road is now passable, (hol ng been removed by road is open for v-gauge train was | tes to-day betwee d tunnel 6 on ace led acros: ire to the ing, but s soon replaced by the sec- o h were at one the tire in burned completely out. Tie fire is 1 b ng at a great rate t- vicinity having near the ci rvoi Cave Gulch and Wilders Gulch. A man owning a ken ranch near Cave Gulch lost 200 chickens, which were roasted 1 the flames. A large band of cattle on Cowell r¢ nded by the and unab The poor ani- perished in the 5 . D. Wilder, who owns a large dairy, vas in town veled roads as well 1 scenery, covered with rabbits is of the able, and ind ra ssts b be esti into the” re cannot well LES, CaL., Sept. 23.—A di has beer thing in its path and leaving blac its wake. It was started last Sat- y afternoon by Robert Eliott, fore- man of the I him ranch! in order to b The wind in- had destroyed d burned Mr. turned out to ihe flames, but wre still raging fiere dnnual Conference Held on @ Tented Field at all over the city for their g and conference. ected a beautiful spot in a trees on the banks San Lorenzo River. Here they have pitched their tents and or the past week have been enjoying tamp life. Many of the people in at- ance live on the grounds, taking heir meals at the restaurants :onducted in large tents. The meetings wre held in animmense canvas tent, which s provided with comfortable chairs. Che ser s throughout have been rery interesting and earnest sermons aave been preached on the peculiar loctrines of this sect—the early coming of Christ and the setting up of his kingdom m this earth, the annihilation of the vicked and the sleep of the dead until the resurrection day. er Meeker preached at 10:30 o’clock, 1is subject being “The Purifying Hope.” Zlder W. R. Young of Oakland, editor of Messiah’s Advocate, preached this after- won. The young people’s meeting was teld in the church this evening, followed 5y a sermon by Elder I. N. Archibald. n danger, are now | the fire would | which is one of s impass- | lames into a | on the line originally laid down, but have already begun preparation for a new election. e REDWOOD CITY LITIGATION. Queer Defense. of a Man Sued for a Doctor’s Bill. REDWOOD CITY, CaL., Sept. 23.—At- 1ey Ben Morgan raised a peculiar point in an appealed case: just decided by Judge Buck in the suit of Lathrop vs. Fitzgerald. o | Lathrop sued for $165 for professionai services rendered as physician where the ent, who was the wife of defendant in action, died. Judgment for plaintiff allowed in the lower court, but the case was appealed to the Superigr Court. Ben Morgan, attorn or defendant, argued that the hope was held out to Fitz- gerald by Lathrop that be could save the patient’s life, while he knew that her con- dition was critical. In other words, he had contracted to perform a service that he was unable to fulfill, and was therefore not entitled to recover the sum demanded. Judge Buck decided in favor of the phy: cian. — - MISSING FROM PF YDER HARBOR. Fears for the Safety of Four Young Men Who Left in a Kowboat. VANCOUVER, B. C., Sept. 23.—Four young men—A. E. Suckling, Seymour Richardson, A. Holmes and J. Craig—left in a small boat for Pender Harbor ten days ago, intending to return in three days. They have not yet returned, and consider- anxiety ‘is felt by their friends for fety, as tne weather has been very since they left stormy THE CAPTAL REPUBLICANS J. W. Wilson Nominated for Mayor “on the First | Ballot. Unanimous Selection of City Attor- ney Brown to Succeed Himself. 3.—The Convention, which con- vened th vening in Turner Hall for the purpose of nominating delegates for the various city offices, was the scene of con- | siderable excitement and some personal | recrimination between the chairman, Sen- C. Hart, and his brother, ex-Attor- v-General A. L. Hart, who each accused the other of a decided leaning toward { Democracy. Aftera vivid ex { the English suage | n pose of the powers of upon _the part {of both speakers. Lincoln White ob- | tained the floor and placed in nomination {for Mayor J. W. Wilson, ex-Raiiroad | Commissiorer Beckman was placed in nomination, as was J. E. Terry. On the first ballot Wilson obtained 88 votes and | was declared the nominee for the office. SEE Y Brown, the incumbent, re- ed the nomination for City Attorney acclamation, which is conceded by all be a victory in the interest of a clean inistration. oung man h sessor of | e has held the office for were alike to him in the discharge of those | duties. | . Charles Robertson rec | tion for City Collector, J. D. Young, Au- ditor, and James M. Porter, Treasurer. | For Trustees, Second Ward, William Ben- i , H. G. Melvin; Sixth, Will- and Eighth, Roblin. Directors, First Ward, W. H. Fifth, C. Sherburn; Third, J. H. Dolan; W. Baker; Seventh, M. J. Dillman, and , P. 8. Driver. Demcecrats, who have been awaiting outcome of the Republican conven- tion, will hold their primaries this week, and it_is fully believed will nominate Mayor B. U. Steinman, to succeed himself. - PORTLAND'S #I1FE-POISONER. Etlsworti’s Case to Be Appealed to the Supreme Court. PORTLAND, Ogr., Sept. 23.—W. E. Ells- worth, the alleged wife poisoner, found guilty of manslaughter, came before Judge Stephens for sentence this morn- ing.” His attorneys, however, asked the | Court for -ten days in which to move ! for a new trial, and the time was granted. The case is to be carried to the Supreme Court, but it will probably be several | months before its termination is reached. Ellsworth seems confident gf eventually ecuring his release. He says he is inno- t, and complains bitterly of the jury’s action in compromising on the verdict of manslaughter. “I am either guilty or not guilty of murder,”” he s “1 don’t want a com- promise verdict, and I instructea my at- torneys to work for acquittal only.” ey | | by Charged With Burglary. SAN JOSE, Can, Sept. 23.—William O’Brien was arraigned before Justice Gass this morning on a charge of burglary pre- ferred by John Kehoe, who alleges that on Septemoer 6 O'Brien entered the baggage- room at the Branch Pacific Hotel and car- ried off a valise belonging to him. The valise contained wearing apparel and per- sonal effects valued at over $50. O’Brien pleaded not guilty, and his preliminary examination was set for September 28. Bail was fixed at $500, in default of which the defendant was sent to jail. Che conference will commence Wednes- lay night. Among the ministers presentare: Elders . Brown, Santa Cruz; Thomas Lawson, lanta Clara; H.¥. Bowman; San Fran- i L N. Archibald, Colt an, Tustin ; P. G. McIyer, Na; sarpenter, San Jose; W. R. Young, Oak- and; G. W. Sederquist, Boston, Mass suy Porter, traveling evangelist; J. P. HcCargar, singing evangelist; George Heeker, Potter Valley. —_— McCabe’s Claim Refused. SANTA CRUZ, CaL., Sept. 23.—The Board of Supervisors has been in session o-day. The foundation for the new court- touse having been completed Contractor i{cCabe applied for the contract price of the oundation —$2500 —but as the part on vhich one of the vaults will rest was not lccording to spec tions, payment was efused until specifications-are com- ied with. ST. HE HIGH SCHOOL. Ipened Despite a Failure to Appropriate Money jor Its Support. ST. HELENA, Car, Sept. 23.—The Tnion High School of St. Helena opened his morning with thirty pupils 1n attend- mce, notwithstanding the refusal of the Supervisors to levy a tax for the school's upport. Six weeks ago thirteen districts united md by & vote of 5to1decided in favor of + high scheol, but because of an informal- ty in the election petition in one of the listricts the Supervisors declared the elec- ion illegal and declined to include the esti- nate of the Trustees for the support of the chool in the tax levy. The IYigh School listrict had already been formed, however, sprincipal engaged and a large number of mpils signified their desire to attend the chool, and within twenty-four hoursafter t was known that the board would notlevy be tax a sufficient sum had been raised by ubscription for desks and apparatus and aaintain the school for the school year. \ charge of $4 per month is made for tui- ion, and provision is made for free admis- ion of pupils unable to pay, so that no hild in the district will be barred from at- endance. The citizens of the town have been horoughly aroused on this subj; ject, and | one of the GREAT GREER-THG SLE Raphael’s Big Clothing House Will Endeavor to Reduce Its Stock. A Novel Departure In Which a Wardrobe Can Be Purchased for Half Its Value. The Raphael’s clothing house proposes to inaugurate what is to be termed a green-tag sale, which promises results beyond those of all their previous great undertakings, for while the sale continues clothing can be purchased for nearly half its actual value. The Obiffl of the saleis to reduce the large stock of goods on hand, which has of late become greater than can be advan- tageously handled, notwithstanding the immense dimensions of the store, the overstock being due to the unusually heavy buying by the firm for the fail trade. For the past few days the management has been preparing for the event by having its employes go through the stock and place green tegs on overcoats, suits, pan- taloons, boys’ clothing, etc., indiscrimin- ately wherever a broken line is found. nNo matter what the selling price of the article, if the line was found broken green tags went on the garments, for Raphael never does things by halves. He was obliged to reduce his stock and decided to adoota course that could not fail of accomplishing his purpose. _The green tag idea was adonted so that visitors to the store while the sale lasts can go through the stock,and wherever they find & garment with a green tag at- tached which suits them, they may know that the price is $10 without regard to what it is marked. Thus it will be seen that for that price many an articie. of clothing worth'from $15 to $20 can be had. . The green tags extend through all the lines of men’s and boys’ clothing.’ The preparations for the event have been such as are calculated to make Raphael’s. green-tag sale stand out for 4 long time in the minds of the. people as great sales of the great stores Topose to not only mainiain the school | of the City. ‘| names will be erected. Among those who LICKS GREAT GLASS, History of Crossley’s Princely Gift to the Observatory. | | | SOON TO BE MOUNTED. The Big Reflector Will Be in Use by the Coming New Year. FLATTERING TO CALIFORNIA. Selected as the Home of the Sky- Searcher Because of Its Ideal Climate. , SAN JOSE, CarL., Sept. 23.—The great three-foot reflecting telescope donated to the Lick Observatory by Hon. Edward Crossley, lately member of Parliament for Helifax, England, has arrived at the ob- servatory, but the buildings will not be HON. EDWARD CROSSLEY. [Reproduced from a photograph.] C. Gally vs. Scanlan & O'Rourke, on ap- pexl from Justice Gass’ court. Alice U. Gally brought suit against Scan- lan & O’Rourke for §209, damages alleged to have been done to an onion patch by cattle belonging to the defend- ants. The case was tried before City Justice Gass and Alice Gally was awarded $80 damages. The case was appealed to the Superior Court and Scanlan & O’Rourke’s attorney filed a demurrer, in which it was alleged that Justice Gass was a city Justice and had no jurisdiction in civil cases outside of the city. Judges Lorigan and Reynolds overruled the demurrer, deciding that as the city Justice is elected by the townships he has the same power in both civil and criminal cases throughout the township as a regu- larly elected township Justice. EOBBED HIS BENEFACTOR. Jokn Heggy Found Guilly of Stealing a Gold Watch. SAN JOSE, Cav., Sept. 23.—John Heagy, who stole a gold watch and chain from Lorentz Waechter of Mayfield, was tried on a charge of petty larceny in Justice Gass’ court this morning and found guilty. He will be sentenced to-morrow. ‘Waechter came to town a few months ago to see the sights, and ran across Heggy. The latter was penniless, and Waechter shared his room with him. When Waechter woke up in the morning his bedfellow was missing, together with ‘Waechter’s watch and chain. PELT T LOI5 EDWARDS ADOFPTED. Story of Her Father’s Tragic Crime Told in Court. SAN JOSE, CaL., Sept. 23.—Judge Lori- gan this morning heard the petition of finished nor the instruments erected before | the first of the year. The arnouncement | of the arrival of the last part made in THE | Cavr of yesterday has been hailed with joy by scientists and educators. in the original plans for the Lick Ob- | servatory made in 1874 by Professors New- | combe and Holden the purchase of a large reflecting telescope was contemplated, but | the funds left by Mr. Lick were inadequate to provide both, and the plan of securing a reflector was abandoned. e Professor Holden, while acting as ad- viser to the Lick trustees from 1874 so 1888, | advocated the purchase of such an instru- | ment, and since he has been director ofthe observatory the question of completing the equipment by providing a reflector of equal size to the great refractor has oceupied his attention. For the last two or tbree years the need of a great reflector has been seri- | ously felt in certain work at Mount Hami ton. For some time prior to the gift Pro- | fessor Holden was corresponding with Mr. | Crossley with a view to purchasing the in- strument, but it was impossible to pur- chase it owing to the financial dullness, Finally Mr. Crossley and his astrono- mer, Mr. Gledhill, came to the conclusion that the climate of England was not clear enough to do the great instrument justice, and Mr. Crossley decided to present it to some observatory that was suitably situated and where it could be used to 1ts fullest advantage. It is a great compliment to the State that Mr. Crossley selected Lick Observatory as the home of his valued in- strument, as it is recognition of the fact that the climate of California is ideal for making astronomical observations, as has been shown by the many discoveries made at Mount Hamilton during the past seven years. The great instrument when set up at Mount Hamilton will be known as the Crossley Reflector, and will be a fitting monument to the memory of a generous Englishman. The reflector was made by A. A. Common of London, and for the splendid photographs made with it Mr. Common received a gold medsl from the Royal Astronomical Society. It was then purchased by Mr. Crossley and set up along with other instruments in his private observatory at Halifax, England. After Mr. Crossley’s generous offer was made, Professor Holden set about to raise the $5000 by subscription necessary to pay the cost of dismounting the reflector and dome, and the more important parts in England, and transporting them to and erecting them at Mount Hamilton. Lead- ing citizens of the State promptly re- sponded, and the necessary funds were raised. When the dome is finished a suit- able memorial tablet containing their subscribed liberally were: Messrs. Wil- liam Alvord, Fred Crockeér, George Crocker, William Crocker, J. B. Crockett, J. V. Coleman, J. A. Donohoe, Mrs. Peter Dona- hue, John T. Doyle, Charles Goodall, Al- vinza Hayward, J. F. Houghton, E. 8. Holden, I. W. Hellman, E. W. Hopkins, George R. Lukens, Charles Mayne, Albert Miller, Charles Nelson, Mrs. John Parrott, W. M. Pierson, Captain A. H. Payson, J. B. Randol, Louis Sloss, Levi Strauss and others. The dome erected to receive the reflector is forty fcet in diameter. 'The dome will be turned by water-power, and it will be necessary to construct two reservoirs and a windmill to furnish the necessary power. The tube of the great reflector is twenty feet in length. The mountings of the telescope are complete, but some altera- tions will have to be made to fit it to its new altitude. The great Crossley reflector will be ready for use January 1. ey AT OFERRULED THE DEMUERRER. Decision in the Damage Suit Against Scanlan & 0’Rourke Affirmed. | BAN JOSE, CAr., Sept. 23.—Judges Lori- gan and Reynolds, sitting in bank, have overruled the demurrer of Scanlan & O'Rourke’s attorney in the case of Alice | D,D., formerly pastor of Grace Methodist ‘| and was for years the largest general mer- George Edwards and his wife for the adop- tion of Lois Edwards, the - four-year-old daughter of H. G. Edwards, who killed his wife and child ana then committed sui- cide in-San Francisco last June.- The story of the murder and suicide was told in court m‘am'nruing. Edwards hodg @ wealthy brotherJin the East, but his! vride would noratot him to ask for belv;' and when on thesverge of starvation he ended his life and thav of his wije and baby by asphyxiation. Little Lois was found unconscious at the time, but rapidly recovered, ang sirice the tragedy has~been in thé possession of her father’s cousins, the petitioners. Judge Lorigan granted the petition. e Rev. Eli McClish at Napa. NAPA, CaL., Sept. 23.— Rev. Eli McClish, Church of San Francisco filled his new charge at this place Sunday. He preached morning and evening to crowded houses. Napa congregation is much pleased with r. McClish. He has always been held in high esteem here. LS ANGELES' GAIN A New Elrectric Road to Run to Hollen- beck Park. FUNDS ARE SUBSCRIBED. Work on the Railway Is to Be Rushed to Early Com- pletion. 3 BETTER SERVICE PROMISED. Pleasure-Seekers Will Be Given a Stralght Route to the Beau- tiful Resort. LOS ANGELES, Carn., Sept. 23.—Ex- Mayor William H. Workman stated this morning that by the first day of January there would be an electric street-car line, starting from the corner of Fourth and Spring streets, to run through to Hollen- beck Park. Mr. Workman said that for the present he could not give the names of the capital- ists who had taken the enterprise in hand, but added that they would be made pub- lic in a short time. “All the needed capital has been sub- scribed.” said the ex-Mayor with enthu- siasm, “and we are going to push the road through to completion.” The main object of this main line of transit would be to give Boyle Heights a better service and also to give citizens and their families a line whereby they can reach beautiful Hollenbeck Park. Now it can be visited only by a trip on the Boyle Heights cable-car. It isreally a charming place at which to while away a few hours. The lake is a great feature, and there is line boating and fishing. R ¢ CONFEDERATE VETERANS, Organization of an Association of Former Wearers of the Gray. LOS ANGELES, Car., Sept. 23.—About 150 ex-Confederate soldiers met this even- ing in the parlors of the St. Elmo Hotel and perfected a permanent organization of the Confederate Veterans’ Association of California. Informal meetings have been held dur- ing the past two weeks, and an active can- vass oi thie surrounding country has shown that there are a large number of Confed- erate soldiers living in California. The objects of the association are social and benevolent, and it has in view the building of 2 home for old, infirm and in- digent soldiers, to be erected somewhere in California. The charter list will be open to ali ex- Confederates until the second Monday in November. The initiation is $13, with monthly dues placed at25 cents. All Con- federate soldiers are requested to send their names to the secretary for enroll- | ment. This is the first and only organization of the kind on the coast. The officers elected to-night are as follows: President, Colonel J. C. McCabe; vice-president, 8. R. Thorpe; xecording secre Captain J. Anderson; treasurer, 1. Elliott; tinar Captain W. P. Pamsour; ph William . Harrison, 1an, The executive and other committees will be appointed at.the next meeting. e SEARCH FOR A MISSING GIRL. Whereabouts of Adrienne Paclides. LOS ANGELES, Car., Sept. 23.—The police and detectives.are searching every- where for Adrienne, the 14-year-old daughter of Dr. D. Pavlides of 113 South Flower street, who has been missing from her home since last Monday night. The case 1s a very mysterious one. It is generally thought that the girl No Clew to the Another party to the affair is Adelaide Le | Page, the servant girl employed at the resi- dence of Dr. Paviides, who also dropped out of sight last Monday night. At police headquarters they are all at sea. Chief of Detectives Moffatt states that every block and house of questionable repute in this city, as well as several out- JRGORAUTED T0 SHH J0SE Death of Edward Auzerais From Parslysis in Paris. One of the Sturdy Ploneers Who Helped to Build the Garden City. SAN JOSE, CaL., Sept. 23.—Intelligence reached this city to-day of the death in Paris on September 7 of Edward Auzerais, a former prominent San Josean and owner of much property here. Edward Auzerais was born in Normandy, and at the time of his death was 70 years of age. He was one of the great army of sturdy pioneers who came to California during the gold excitement. Mr. Auzerais was inciined more toward trade than mining, and he accordingly came to San Jose and started a general merchandise store in 1849, He had been in business but two years when his brother, John L. Auzerais, came to California from Chile and was admitted as partner in the business. The firm was a success from the start, and frequent en- largements of the quarters were necessary. heir place of business was known as the Mariposa store, located on South Market street, between Santa Clara and El Dorado. chandise house in town. It retained that distinction until as late as 1875. Their immense business soon enabled the brothers to accumulate large fortunes.. | Edward turned his attention toward build- ing up San Jose and his efforts in that line earned the gratitude of all the residents of this city. His first venture was in the hotel line. He erected the Pacific Hotel 1n 1862, and for three years it was the finest hotel in_this section. In 1865 Mr. Auze- rais decided to build another hotel, and in carrying out his plans a much finer structure than his first venture re- sulted. ‘This was the Auzerais House, then considered a magnificent hotel, an for many years it was without a rival. Auzerais did not stop at erecting two hotels, but it was his caprlal with which several fine business blocks were built. He took a great })nc!e in San Jose, and worked uncensmglz or its advancement. In 1881 Le decided to retire from busi- ness, and a year later left California for Paris, in which city he has ever since resided. His death'was the result of a stroke of paralysis. He leaves a widow re- siding in Paris, 7/ The couple had no children, but Mr. Auzerais has many relatives living in this city. Heleft a large fortune, consisting principally of property hotdings in this county and San Francisco. Edward Auzerais is held in kindly re- membrance by thousands of San Joseans. He was a thoroughiy conscientious busi- ness man, and was held in the highest es- teem by all with whom he had dealings. | He was of a charitable disposition, and when_he glve it was done quietly, and none but the recipients of his 1)onmy and himself knew of the deed. side towns, bas been thoroughly searched for a trace of the missing girl without sue- cess. Sheriff Burr, with several deputies, has been scouring the country, but no clew to the rnnaways have they discoy- ered. The latest news in regard to the matter at police headquarters is to the effect that they are in Mexico and are safely quartered at the residence of E. Rangod’s people. This, however, is only conjecture, but 1t is stated upon good authority that the young Frenchman's people reside in Mexico. E ———— DISSOLVED THE INJUNCTION. Judge Van Dyke Decides the Street-Paving Case. LOS ANGELES, Cav., Sept. 23.—Judge Van Dyke late this afternoon decided the Main-street paving case, in which such wide interest is felt, filing quite a long opinion. He directs that the order toshow cause why an injunction should not issue be discharged and that the temporary re- straining order be di7olved. ) The n%}!imtion for an injunction was brought by W. A. Field against Street Su- perintendent -P. A. Howard and the city authorities. to restrain them from enter- ing into a contract with the Union Paving Company for the paving of Main street. The court holds that the contention that the proceedings nad bg the City Council were not as required by law isnot good. In regard to the principal contention by the plaintiff that the bidpnnd bond of the paving company were not properly ex- ecuted he holds that they are sufficient. gl 2 S ECONOMY URGED. Citizens Petition for the Abolishment of Two Offices. LOS ANGELES, Car., Sept. 23.— The following communication was filed with || the City Clerk this afternoon and later read before the Council. It is from the Citizens’ League: To the Honorable City Council of Los Angeles— GENTLEMEN: We wish to call your attention to the act passed by the last Legislature provid- for the abolishinent of the offices of City As- sessor and City Tax Collector and the perform- ance of their duties by the County Assessor and County Tax Collector respectively. The law referred to makes such abolishment optional with the Council, and in view of .the economy and efficiency which the doing away ot tnese offices would effect in the city govern- ment, we respectfully request you totake the action authorized by this law. We trust that your honorable body will give this matter attention at your earliest conven- ience, and that you will see fit togive the city the benefit of this much-needed change. T. D. STiMsoN, President. G. J. GRIFFITH, Secretary. The matter will be referred to the Fin- ance Committee of the Council, ———— 3 Mrs. Vosberg Released. LOS ANGELES, CAL., Sept. 23.—Mrs. A. T. Vosberg, the woman who was given a e ] ROYARL Baking Powder mvhn -| not sufficient evidence in warranting him eloped with a man named E. Rangod. | i rday on liminary examination last Satu; it brotght a charge of embezzlement, at the instance of Clark Shaw of the Security Savings Bank, was discharged from custody this morn- ing, Judge Morrison ruling that there was FALLBROOK APPEAL, The Case Ready to Go to the Supreme Court. to hold her to the Superior Court. pialeh gt o Samples of Oil Wanted. LOS ANGELES, CAL., Sept. 23.—A letter was received yesterday by a member of the 0il Exchange from the Beaver Refining Company at Oak Grove, Pa., asking that a sample of Los Angeles oil, obtained at the lowest depthsor the bighest gravity, be forwarded to them for inspection. The letter was turned over to the Oil Exchange, and it is hoped may lead to results bene- ficial to the oil-producers of this city. FLAWS *ARE REMEDIED, All Constitutional Points of the Wright Act Will Be Passed Upon. RPN e Held for a Hehring. LOS ANGELES, CarL., Sept. 23.—J. R. Payne, the man who attempted to disem- bowel one of the proprietors of the Pony livery stable, and who declared that he would not_be taken alive, was arraighed before Justice Morrison this morning and | held under $1000 bonds pending his pre- liminary examination. T0 BE HEARD CCTOBER 21 . Ran Ashore Near Vallejo. VALLEJO, Car., Sept. 23.—The yacht Jessie, in command of Captain Crawford, went ashore on the flats between the Brothers and Mare Island yesterd ay morn- ing. She had some trouble in getting off, but finally arrived in Vallejo several hours behind time. The Jessie was not injured by the accident. CUMMINGS WILL HANG Found Guilty of the Murder of T. C. Naramore Near Riverside. Imposing Array of Legal Talent Upon the Side of the Appellant. SAN DIEGO, CarL., Sept. 23.—Arrange- ments have been perfected for the appeal of the case of Marian King Brady vs. Fall- brook irrigation district tq the United States Supreme Court. Judge Ross at Los Angeles on Saturday decided the case according to a former ruling on !hc: de- murrer and notice of appeal being given the judgment roll was prepared and for- warded to the Supreme Court. Word was received that unless an unforeseen con tingeney arises the case will be heard Octo- ber 21, at which time the Modesto case will also be heard. The attorneys for the ap- pellant district are John F. Dillon of New York, A. L. Rhodes of San Francisco and Aitken & Smith of this city Some days ago Judge George Fuller, president of the Linda Vista district, who is thoroughly posted on the matter, called attention to the fact that owingto a flaw in the Fallbrook district proceedings the question of the coustitutionality of the Wright act might not after all be decided by the United States Supreme Court either i the Fall Brook or the Modesto case. But after this matter was mentioned the attorneys for the district made up the rec- ord in the final hearing hefore Judge Ross in such shape that the flaw was remedied, and Judge Fuller expressed the opinion to- day that there would be apparently no escape irom a decision of the main consti- tutional question arising under the Wright act. Samuel F. Smith, attorney for the dis- trict, says the records of the Fallbrook case are in such shape that the Supreme Court cannot avoid ruling upon all consti- tutional points involved in the Wright The plaintiff admits that the district was properly and regularly organized, that the proceedings relative to a levy of assess- | ments: and issue of bonds were.in all re- spects in strict accordance withthe Wright act, and the claim for relief is based -en- tirely on the ground that the act itself is | unconstitutional. | __The defense of the district is that the Wright act is uneonstitutional, and thu the complainant had full and ample hc_:n:- ing in the confirmation proceedings, which | were begun by the district on February 22, 11892; "in other words, no technical points { were imposed by either side and the case will go before the court on the one ques- | tion as to whether the Wright act provides { for a_proper hearing, and whether water developed thereunder is for pablic use. Frultless Effort of the Defense to Impeach the Testimony of Lopez. RIVERSIDE, CaL., Sept. 23.—The trial of Jobn Cummings for the murder of T. C. Naramore of Los Angeles at Cummings’ | ranch, three miles east of this city, on the | night of August 3 last, was concluded t day. The case was given to the juryats o’clock. In less than two hours it returned | a verdict of guilty of murder in the first degree. There was no recommendation for mercy. Cummings maintained his usual composure and . received the verdict | without the least sign of trepidation. The | verdict gives universal satisfaction. The trial of Cmsar Cummings for the same | crime begins to-morrow. | The defense placed only four witnesses on the stand. These swore that the repu- tation of Juan Lopez, who turned State’s evidence, was not good. Strenuous efforts were made to destroy the effect of the cold- blooded story of the crime told by Lopez. The courtroom was crowded to suffoca- tion with an eager throng, who expected to hear the defendant tell his story of the midnight crime for which he was on trial. Cummings was not put upon the stand, however, and the curious were disap- | pointed. | The murder for which Cummings was convicted was the most brutal ever com- mitted in Soutbern California. Naramore, the victim, was enticed into the Cummings cabin on a pretext of paying him $500 rent, when _the defendant, his brother and Juan Lopez beat him to death with clubs | and a pistol. The murderers, after killing Naramore, took his watch and money, which they buried. Then they reported to the officers that two men had come to the cabin and robbed them, killing. Naramore. The officers, satisfied that the story told by the murderers was antrue, caused the ar- rest of the three mien. Lopez turned State’s evidence and told of the horrible butchery in all its deta NEW TO-DAY—CLOTHING. Who wears the crown? 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