The San Francisco Call. Newspaper, September 27, 1895, Page 3

THE SAN FRANCISCO CALL, FRIDAY, 1895. purpose, aids Miller in hampering nnu! defeating the inquiry. ! When Mr. Campbell finished reading, /| Mr. McEnerney, for the executor, asked for | a recess of some minutes in which to con- | for with his associates. The court granted | & recess for twenty minutes, and when it | reopened Mr. McEnerney said they would | probably demur to this proceeding. but could not say positively. They would ask, | however, for five days in which to make SEPTEMBER 27, 1 Mabel Cowdry of the same place, Mary Stoadard of Denver, Colo., and Lucretia Lee of Wortham, Tex.—are left $5000 each. To four sons of his half-sister, Caroline Witham, he left $1000. To Mrs. Rosa Hunt of Jersey City, N. Y., is left $1000. The residue of the estate is left to the six nieces already mentioned. STOCKTON WOME. They Propose to Clear MoLeod’s Lake of NEW TO-DAY. IN A REDWOOD CRURT The Latest Phaseof the Miller and Lux Mil- lions. The Congressional Party Has Arrived at Sac- ramento. ’S ENTERPRISE. 1 AT | CHARGES OF CONSPIRACY The Permanent Removal of| Jesse S. Potter Is De- | manded *1 HE SPENT T00 NUCH MONEY.% . r Accused of Drunkgnness and Prof- ligacy and Unfitness for Business. REDWOOD CITY, CAL., Sept. 26.—The | petition of eirs of Charles Lux for the removal esse S. Potter from his trust as exe f the will of Charles earing in the Superior Tudge Buck here to-day. rerney, D. M. Eugene Gar- answer. If they decided to demur they would serve the counsel of the other side in the meantime, and would come pre- pared to argue the demurrer at the time tixed by the court. Tuesday morning next at 10 o’clock was agreed upon, and the court adjourned. THE FAR AT STOCKTON. “The Call’s” Booth Looked Upon as a Novel Exhibit. Comments Upon the Paper as a Friend of Stockton—Some of the Exhibits. STOCKTON, CaL., Sept. 26.—The San Francisco Carn booth, located on the ground floor and near the center of the big pavilion, is attracting much attention from the thousands who d: San Joaquin County Fair. is San Joaquin County. 1 like Tue Carvon account ot those VERY ENJOYABLE TRIP. They Are En Route to Stock- ton to Meet With the Governor. | | MAJOR HEUER DEMONSTRATES, |He Shows How the Snagboat Selzer Can Do Effective Work. SACRAMENTO, Car., Sept. | Congressional delegation, consi | Congressmen Hilborn and Barham and Senatc White and Perkins, arrived in this city this evening at 8:15 o’clock on the | Government snagboat Seizer. | The party, although tired out, report ey b ost enjoyable trip, and were vastly surprised at the magniiiceat | ““THE CALL'S” EXHIBIT AT TEE SAN JOAQUIN [From a photograph.] COUNTY FAIR. Francisco, J. H. Campbell and r of San Jose, Edward F. d George C. Ross of Redwood ( a upon the proceedings, all one or the other of a half sts about to enter upon what ad to a gigantic contention. had ated a preliminary 1 g the powers of the execu- to-day the citation requiring him how cause why he should not be per- | ently removed was returnable. stter, a big-framed, rather heavy- featured man, was present. Henry Mil- ler, the surviving member of the firm, the aged the estate, was also | of his em- as to details : J. H, Campbell of San | D. M. Delmas represent Henry 1x and the German heirs of the de- ed, who are petitioning for the re- moval of Potter; Garret McEnerney, E. S. Pillsbury of San Francisco and George C. Ross represented the executor, Potter; | Edw rd F. Fitzpatrick of Redwood and ne Garber represented John.Crowe, 1blic administrator, appointed by the rt as special administrator pending the ermination of the proceedings. Judge Spencer of San Jose represented Mrs. Miranda W. Lux. There are still other lawyers representing other interests who were not present. Henry Miller was present as a witness in | response to a subpena, as were C. Z. Mer- ritt, his cashier; J. LeRoy Nichol, Mr. Mil- in-law and manager of the busi- , and David Brown, land clerk. All these persons were on the alert when Judge Buck called the case, and Attorney | Campbell rose to read the formal com- | plaint, reciting the reasons for asking the removal, which makes the following declaration: ler's %0 Potter is, and for more than five years past as been, mpetent to act as the executor of end incompetent 1o execute the f his trust, by reason of drinkenness. hat he has been during all the time stated a al drunkard, and is so unfit to properly | inary business, and particularly act the difficult and intricate | sald estate. The second charge is that of profligacy; Potter is insolvent, although he has | ceived money from his mother and from Miller during the time stated. The | plaint continues: | aggregates more than $200,000, all’ ed and squandered t gence in intoxicating fligate living and in en. Said Potter, by ident and untrust- Th d without c all sums of mc to his hands as such exe pent danger of being squ misappropriated. Thenext eharge reads as follows: Potter is incapable to execute the duties of gaid trust and to act as executor by reason of his want of integrity. In that behalf thess | complainants aver that at divers times during the five years last past said Potter has wrong- fully received and obtained possession of | divers sums of money belonging to others, and has fraudulently converted the same to his own use; that at divers times during the said | d Potter, while in the service and snt of said Miller in and about the <5 of said partnership, %as collected from > debtors of said firm divers large sums of , more than the sum of $50,000, fraudulently converted the same to his own use. The complaint goes on to declare that Potter is under the influence of Miller, who has supplied him with money to the amount of §150,000. Miller, since the death of his partner, Lux, has refused to liqui- date or settle the affairs of the estate, and instead has been claiming that it belongs to himself, having been accumulated by his own efforts; that the value of the es- tate is in excess of $10,000,000, and the petitioners are, entitled to and desire to ecure the undivided half interest. That an action is pending against Henry Miller by Miranda Lux for an accounting, and that Potter, employed by Miller for that nice clean reports of the Durrant trial,” remarked a lady to Mr. Knapp, ma: of the exhibit, to-day. The drawings of the new CaLL building are greatly admired and all the different features of the exhibit illustrative of how the great metropolitan journal is printed are studied with interest. A newspaper exhibit at the fair is a novelty here, and as this one speaks for TuE CALL it 18 looked upon with particular favor. The paper is regarded as a powerful friend of Stockton and San Joaquin Valiey, and the people are pleased to meet its rep- resentatives. One of the most useful at the fairis b, devices exhibited Mrs. Elizabeth Sloper,who made man nds here as a representa- tive of Tr The device isa patent window hinge, which admits of the sash swinging in, and thusaffording opportuni- ties for window cleaning that no other thing of the kind has ever given. The simplicity of the affair and the cheapness with which it can be put in are also feat- ures in its favor. Mrs. Sloper has received much praise from visitors to the fair for her exhibit. FRESHDS NI WHKY, The Arrest of a Tramp for| Giving a Red Man Liquor. Winerles Supposed to Have In- dulged in the Offense Become Alarmed. FRESNO, CaL., Sept. 26.—There is con- siderable complaint here over the furnish- ing of liquor to Indians, many of whom are down from the mountains engaged in picking grapes. The Indians have often been seen on the streets here in a more or less drunken condi and despite all efforts of the police it cannot be learned where they get the “firewater.” Two or three saloons which were sus- pected have been closely watched without success. It js known that the Indians obtained their whisky in the saloons in the Chinese quarter. Yesterday a tramp by the name of John Farrel was caught in the act of giving an Indian a flask of whisky. He was arrested, and to-day his exami- nation was held. The Indian testified that he had given Farrel $1 to buy 50 -ents worth of whisky, Farrel retaining ) cents for his trouble. The witness stated | that this is one way in which the Indians obtain liguor in this city. They pay some white man to go to a saloon and buy it for them. Farrel's case was taken under ad- visement. The Indians have had no trouble in securing liquor at the wineries in the colonies. A few days ago, however, the winery owners became alarmed, as the authorities were making investigations, and since then they have abided by the law. — e CAPTURED AT FRESNO. Elsic Jefferds, One of the Talmage Gang, in Custody. FRESNO, Car., Sept. 26.—Elsie Jefferds, a member of the Talmage gang of thieves, which has terrorized Tulare and Kings counties for the past two years, but is now being rapidly rounded up, was arrested in this city to-day by Constable Shaw. Jefferds is a hard-looking character. He was captured in an uptown saloon and made no resistance. AUBUEN ML MOVES. Marguerite Mining Company Organized by Wealthy Capitalists. AUBURN, CAL., Sept. 26.—The Mar- guerite Mining Company, composed of G. Schmitt and other San Francisco capital- ists, to-day purghased the Salsig claim of twenty acres adjoining the Marguerite claim, near Auburn. Both are quartz roperties, and the company is preparing or extensive operations. NG water route that traverses the northern portion of the State, as, until they made the trip, they had no idea of, the traffic-bearing capacities of the Sacramento River and bad no conception of what a splendid waterway it could be made with the ex- penditure of but a comparatively nominal sum, as but little dredging would be re- quired. | The majority of the work will be the manufacture of a series of wing dams and | the removal of snags, stumps and a few other obstructions. They state that the river in its present condition is a standing menace to all transportation facilities and declare that they will do their utmost to secure proper appropriations to make it what it should be—the great artery of traf- fic of the entire section through which it flows. On the trip down, Major Hener, United States Government engineer in cha the work of removing obstruction, practical demonstration of the nature of the work under his charge by having one of the Kanakas in his employ diveinto the river and place a charge of explosives under a stump. The Seizer then retired to | a safe distance and the explosives were discharged, totally obliterating the ob- suruction and throwing tons of water into the air. A large tree that had floated down and | bad become lodged upon a sandbar was | also removed from its resting-place to the | river bank, this latter operation consum- |ing but five minutes. During their stay in Redding the party visited the Mountain Copper mine, and were greatly astonished at the prospective wealth and richness of the ore, of which it is estimated over 750,- 000 tons are in sight. They also investi- gated the fruit interests of this section, and state that they are fully satisfied that when the river has received needed im- provement, it will become the means of transportation for millions of pounds of | freight yearly, as they consider that the | resources of this section will in a very | short period of time develop into im- | mense proportions. In all, the trip consumed thirty-six | hours, the party being compelied to join the boat at Tehama, instead of at Red | Bluff, as was their original intention, the Seizer being unable to reach the latter city, | having grounded upon a sandbar. — - | GOING TO STOCKTON. | Senator White's Party Will Arrive To-Day by Special Train. STOCKTON,CAL.,Sept. %6.—Itisexpected that Senator Stephen M. White and party, who are investigating the rivers and har- | bors of the State with a view of asking for appropriations for their improvement, will arrive here to-morrow morning by special | train. Governor Budd will meet the dele- | gation lLere instead of at Sacramento, as he | first intended. Colonel F. 8. Chadbourne | ot San Francisco and Major Frank Mc- | Laughlin of Oroville came from Sacra- mento to-day by the noon train. The for- | mer went direct to Governor Budd’s pri- vate office in the Yosemite Theater build- ing, out declined to discuss the nature of his interview. Miss Todman, the Gover- nor’s executive secretary, stated this after- noon that the Congressional delegation would reach here in the morning, accord- ing to advices just received. GEURGE KASSON’S WILL. A Document Filed at Stockton Disposing of $250,000. Arks and Barge STOCKTON, CAL., Sept. committee of the Commercial Association, which was so successful three months ago in raising funds to assist the Valley road enterprise, has taken up a new line of work. The committee now proposes to clear McLeod’s Lake of the hundreds of arks and boathouses whose presence gives the beautiful sheet of water the appear- ance of a Chinese water village and makes it an unfit place for ladies and childrén to vi City Attorney Smith is of the opinion that it will take a State law to enforce the removal of this nomad population from public waters, although they lie inside of a municipal corporation. The ladies are not discouraged by this, but will go before the next Legislature and try to secure the enactment of a law by which the police or county officers will have power to abate nuisances on waters within their juris- diction. There are now fully 100 of these floating shanties on the lake, and the inhabitants refuse to pay either taxes or wharfage and defy the officers to molest them on what they terni “Government waters.” —_— VALLEY ROAD RIGHT OF WAYX. One Hundred and Fifty Feet Water Froutage at Stock STOCKTON, CaL., Sept. Council held a special meeting this even- ing and passed to print the ordinance granting to the Valley Railroad an ad- ditional 150 feet of right of way along the water front on Weber avenue. This gives the railroad a good water frontage and the timely act of the City Council atones in part for the encroachments on the rights of the Valley road by the Corral Hollow franchise. There was absolutely no opposition to the Council's action this evening, as the citizens realize that it was an act of justice and largely o falfillment of the pledges of the city to the great enterprise. The Valiey road's bridge on'I'aylorstreet is about completed and the company is now waiting for material to arrive in order that it may construct the steel drawbridge across Mormon Channel on Edison street. HENTS AT SN J0SE Souvenir of the Late War Car- ried by a Grand Army Man. A Bullet In His Thigh Extracted After a Perlod of Over Thirty Years. SAN JOSE, Carn., Sept. 26.—Samuel Kineston, a well-known Grand Army man of this city, yesterday removed a bullet from a wound in his left leg that he had carried for nearly thirty-three years. The | wound, which was in the thigh just below | the hip joint, was received on December 3, 1862, when the army of General Burn- side stormed the heights of Fredericks- burg. The bullet, which was a_very large one from a Minie rifle, entered the fleshy part of the leg and_partially flattened on the bone, but could never be found, al- though it was often probed for by sur- geons. Many ago, when it became inflamed and swollen, | and yesterday the bullet was found just {under the skin. It was then easily re- moved. The place from which the bullet | was extracted is considerably below where it first entered foi O L SAN JOSE'S CARNIVAL. The Dates Fixed for Next Yoar's Display of Roses. SAN JOSE, Car., Sept. 26.—The execu- tive.committee of the Santa Clara Carnival of Roses met this evening and fixed the dates for the event for May 6,7,8 and 9 in 1896. It was decided to erect the great pa- vilion for the event upon the grounds of tbe Agricultural Society, facing upon the Alameda. A communication offering to co-operate was received from the Christian Endeavor Union. That organization is to hold a State.conyention in San Jose next year. The proposition is to fix the dates so that the convention can be held immedi- ately after the carnival of roses, so that the pavilion can bé used by the Christian En- deavorers. The offer of co-operation was accepted. eyt Death of a Feteran. i SAN JOSE, CaL., Sept. 26.—Colonel Wil- liam P. Miller died at his residence in this city last evening after a lingering illness. Hé was 59 years of age,and a native of Missouri. He crossed the plains to Oregon in 1849, and was the first warden of the penitentiary in that State. Colonel Miller was upon the staff of General Gates durin the Umatilla Indian war, and also ser\'eg prominently in the Rogue River war. In 1864, in Washington County, Oregon, he married Sarah Elizabeth Rafferty, who, with their daughter, Miss Wana Miller, a highly esteemed young lady of this city, survives him. Colonel Miller was a brother of General J. F. Miller of Salem, Oregon, and General J. N. T. Miller of Jacksonville, Oregon. Colonel Miller came to this city in 1884, and bas since resided here. He was extensively engaged in the cattle busi- ness in Oregon. —— Women's Christian Union. SAN JOSE, CaL., Sept. 26.—At the meet- ing of the San Jose Woman’s Christian Temperance Union yesterday the follow- ing delegates were elected to the State Convention which meets in San Francisco next Monday: Mrs. C. M. Ayers, Mrs. E. L. Bailey, Mrs. 8. 8. Summer, Mrs. C. A. Parkinson and Mrs. 8. W. Gilchrist, dele- gates; and_ Mrs. M. 8. Carey, Mrs. C. L. aunders, Mrs. E. Peel, Mrs. J. Watkins and Mrs. L. H. Barton, alternates. —_— Avrrested for Pilfering. SAN JOSE, CaLn.,, Sept. 26.—Charles Smith, who was arrested by Officer Picker- ing while pilfering goods at the fire on South Third street some time ago, to-day pleaded guilty toa charge of carrying a concealed weapon, and was fined $15 by Justice Gass. Smith was also arraigned on a charge of stealing some old coins and jewelry from the residence of Mrs. M. Williams. His examination was set for Qctober 11, with bail fixed at $500. STOCKTON, Car., Sept. 26.—The will of George Kasson, the California pioneer who died here recently worth about $250,000, was filed to-day. There are a number of non-resident heirs named in the will, which was made in November, 1881, To his sister, or her children, Martha West and Mary McCain, who reside fn Santa’Cruz, he leaves $10,000. To his half- sister, Caroline White of Warren, Ill., he leaves $5000. To his nephew, William A. Cowdry of Nevada County, and six nieces— Elizabeth Sailsbury of North Coleville, N. Y., Sarah Van Lusen of Horsehead, N. Y., Martha McChesney of Galesburg, Ill., —————— WILL SOON START WORK. A Sound Basis for the Lakeview Land Company. PASADENA, CAL., Sept. 26.—The Lake- view Land Company, which went into in- solvency some three months since, and which is being subjected to notices of as- signee’s sale, will, according to local re- port, be enabled to get upon its feet again. Its president, E. C. Webster of Pasadena, states that while in Chicago recently he sold $127,000 worth of the Lakeview lands. Said land is located in Riverside County and comprises 254 acres of land. The prin- cipal capitalist involved is L. P, Hanson o Pasadena. vears ago this wound healed | up and gave no trouble till a few weeks | GREEN— TAGS—— Have been such a powerful magnet to attract and cause the big store to be crowded to overflowing all during this week, don’t youw think the green tags could be of some benefit to you to-day ? You know our reputation for handling the finest goods made ; then just think of it. an entire floor of our Suits and Overcoats,. our finely tailored garments, the pick from: an entire floor of choice Suits and Overcoats at DO AD L~ ==$10.00 We’re Known for Doing Exactly as We Promise. Business Suits! Those very handsome Scotches in grays and dark mixtures, made in the double- breasted and single-breasted sack style, also in the Cuta- way—Green Tagged $10.00. @C-)@‘ O Those Handsome Blue Kersey Overcoats, H WITH DEEP VELVETg COLLAR, CUT LONG, © GREEN TAGGED $10.00. {©00, ® 9 ) ® ® Made from those fine Eng= lish Clay Worsteds, in cuta- ways and in single-breasted sacks and double - breasted sacks; also those fine Blue and Black Cheviots in the rough twill and the smooth— '$10.00 L ® ® ® JOOOOCOOICOCCOCCOO0CO 0000000000000 00000000 00000 KEEP YOUREYE ONTHE Green Tags! They’ll Do You Some Goed. We Close Saturday and Open at 5:30 and Remain Open Till 11 P. M. Raphael’s (INCORPORATED). 9, 11, 13 and 15 Kearny Street. Run by San Francisco Boys. Men’s Trousers. 1000 PAIRS OF ’EM, SPECIAL TO-DAY AT — HL1O—— BERKELEY'S NEW COACH. Frank Butterworth’s Arrival a Stimulus to the Stan- ford Team. Musical Members of the University Clubs Are Rehearsing for Thanksgiving. STANFORD UNIVERSITY, CarL., Sept. 26.—Every scrap ot information regarding Berkeley's coach, Frank Butterworth, ha: been eagerly devoured and much discussed to-day at the university. Football men here have great admiration for last year’s fullback of the Yale team, and the opinion is unanimous that if Butterworth is as good a coach as he is player the Stanford team will have a task on hand next Thanksgiving. The news of Butterworth’s arrival will tend to make the men work harder down here than they sjhave been doing here- tofore. From now on there will be an in- creased anxiety to hear the announce- ment regarding Stanford’s coach, which will be made soon by Manager Eaton. He states.that the only reason he has for keeping the coach’'s name a secret is the personal request of the gentieman him- self. As has been stated, the general opinion of the students is that Stanford’s coach last year is Stanford’s coach this season, but nothing oflicial has been given and every one is in the dark, The men turn out regularly each evening for practice, and put up quite a creditable §ame_lor.so early in the season. The chief ault is high running and carelessness in following the ball, but Captain Cochran says he does not expect perfection all at once, and is patienl.éy getting the mer in fair shape for hard work. geudents turn «t en masse to watch h game and show more interest than is customarily displayed so far in advance of the inter- | collegiate match. | Forty men have been supplied with | football suits, which gives an idea of the number playing. Thirty or more men turn out each evening, and as yet no one bas_suffered the slightest injury on the field. Thusfar the old players have not been seen as often as is expected. This they will do when the training table starts up. Code, however, who played quarter for Stanford in 92 and ’93, 18 hard at work | for his old place, and shows up_ finely in his tackling and interference. Fickert is | another veteran who never misses a prac- tice game, but works .faithfully every | evening. The banjo, guitar, glee and mandolin clubs, together with t%:e orchestra, have | begun rehearsing for the big entertain- ment to be given next Thanksgiving even- ng. To-day the names of the orchestra wereannounced as follows: First violins—P. Abbott, J. Abbott and Anderson; second violins—Dulley and Kiaubee; ’cello, Dulley: flute, Rice: clar- ionet, Bell; cornet, Van Norden; trom- bone, James: drums, Pinkham. Cormick, '97, is the director of the orchestra. Next Friday evening the executive com- muttee of the Tennis Club will hold a meet- ing, the purpose being to arrange for a tennis tournament. This will be the open- ing tournament of the year, and will settle the question as to the identity of Stan- ford’s tennis champio B S ISRAEL JACOBS BOUND OVER. His Preliminary Trial at Angels for Shooting His Father-in-Law. ANGELS CAMP, Car., Sept. 26.—The preliminary examination of Israel Jacobs, who shot his father-in-law here on the 7th inst., took place here to-day, and Justice Cooley bound the defendant over in the sum of $2500. Dr. Pache testified tbat Brown’s condition is still precarious. It was agreed between District Attorney Snyder and C. R. Hawley, counsel for de- fendant, that if Brown’s condition im- proves bail would be reduced to $1000. The general opinion is that if Brown recovers the case will never be tried in the Superior Court, as the testimony adduced to-day tended to justify the shooting. It isun- d>rstood that Jacobs’ friends in San Fran- cisco haye retained the services of Lawyer | Salomon_of that city to assist Attorney Hawlzy in the defense. ey o CESAR CUMMINGS' TRIAL. The Riverside Murderer Following His Brother in the Court. RIVERSIDE, CaL., Sept. 26.—The trial of Cwmsar Cummings, jointly charged with his brother, John, who has been con- victed of the crime of murdering T. C. Naramore near this city on August 3 last, was calledin the Superior Court to-day. The prosecution, after taking the testi- mony of a couple of physicians, placed Juan Lopez on the stand. Lopez, who was an accomplice, told the story of the midnight crime in detail, just as he had done in the trial of John Cum- mings. The defense, although trying hard, failed to break down the witness, who maintained his story throughout. In addition to the witnesses put on in the trial of John Cummings, the prosecution swore G. D. Craig of San Bernardino. He testified that it was he who sold the pistol to Cesar Cummings with which the mur- der was committed. Craig positively identified the defendant, and also Juan Lopez, who was with him. Itisexpected that the trial will be concluded to- mOrrow. e 2 A MURDER NEAR SPOKANE. Morris O’Conner Kills His Companion, Coolkc, While Asleep. SPOKANE, Wasu., Sept. 26.—A horrible crime was committed in Trail Creek dis- trict last Tuesday night. H. Cook, a well- known mining expert, representing a syn- dicate, went with Morris O'Conner, a pros- pector, to look at some of his claims. As they were camping out that night O’Conner got up, and, taking a pick, struck his sleeping companion a fearful blow, the sharp instrument passing entirely through Cook’s head into the ground. The fiend then finished his bloody deed by hacking his victim in a horrible manner with an ax. O'Conner was captured by a g:ase the next morning. He 1s believed to crazy from drink. I