The San Francisco Call. Newspaper, October 2, 1895, Page 5

MR, McCOY TALKED TO A DURRANT JUROR, The Secretary of the Y. M. C. A. Summoned for Contempt. AN INDISCREET REMARK. Schoolmates of the Prisoner Who Contributed for His Defense. TO CONTRADICT OPPENHEIM. Three Tomales Men Who Say Clark’s Reputation Is Bad—Another Rollcall. THE DURRANT TRIAL IN A MINUTE—Mc- COY’S INDISCRETION. Yesterday witnessed the beginning of the rd month in the trial of W.H. T. Durrant the murder of Slanche Lamont and the k of the hearing of evidence. r Truman was called to the stand by phy and ssked concerning an indis- rk made to the juror by Secretary hristian Associa- remark was, “If you don’t hang him we will hang you.” The Judge summoned Mr. McCoy to appear in &t noon and show cause Why d-not be punished for contempt. Martland, & plumbing expert; was about the sunburmers in Marvin Curtis, P.J. New- Catheart testified about taking es to pawn to Oppeheim’s described the clothes they wore These young men, with one exception, proved to be old classmates of Durrant, and two of them had contributed money toward his defense. Patrick Conley testified s to & conversation be had with Witness Phillips concerning: the latter's testimony. Conley’s version was slight- ly different trom that told by Phillips. k Mulvaney, John Patten and M. L. testified that the reputation of Wit- ness Clark was not good. Two of them had trouble with Clark’s father. . W. Hayshalt brought his Tolleall of a re delivered in the morning of April 4. owed Durrant marked ss present, but wit- ness had Do personal recollection on the sub- * Georze A. Merrill testified that Durrant ed the School of Mechanical ‘Arts on the morning of April 5. These latter witnesses ere to disprove Oppenheim. The trial goes on this morning. S g THE EIGHTEENTH DAY. McCoy Indiscreet—Witnesses to Disprove. Oppenheim’s and Clark’s Testimony. ‘The fifth week of the hearing of evidence in the trial of Theodore Durrant opened vesterday morning. Last Thursday at noon Secretary H. J. McCoy of the Young Men’s Christian As- sociation met Juror L J. Truman in a Market-street car and accosted him with an exclamation, the substance of which in Juror Truman’s language was: “If you don’t hang Durrant we will hang ou!” > Juror Truman related the incident to Judge Murphy. And the first proceeding in court yesterday morning was the swea- g of Juror Truman as a witness. Judge Murphy himself did the questioning. Mr. Truman said the remark was evi- dently a very thoughtless and unpremed- 1itated one and that it could have no possi- ble influence upon him in forming his ver- dict. Juror Crocker was present at the time, but did not hear the remark, After Mr. Truman’s testimony Judge Murphy ordered a writ made out against Mr. McCoy, citing him to come into court to-morrow and show cause why he should not be punished for contempt. Judge Murphy remarked at the same time that he was not disposed to be lenient toward such offenders. The trial of Durrant for the murder of Blanche Lamont went on. R. W.Mart- land, the plumbing expert, came back on the stand and offered further testimony to show that it might have been a physical possibility for Durrant to be overcome with gas.if he had gone into the church alone and for the sole purpose of fixing the gasburners, and if he had turned on the gas before going in the loft to reach the sunburners. It wasa dusty place up there, witness said. There came a quartet of witnesses to im- peach the testimony of Pawnbroker Op- penheim. - They were Leonard Everett, Marion Curtis, P. J. Newman and William T. Cathcart. All of them called upon Oppenheim recently and offered dif- ferent articles in pawn—articles which were shown to and identified by Oppen- heim upon his cross-examination. Upon cross-examination Mr. Barnes drew out the fact that all but one of these witnesses were old schoolmates of Dur- rant, and two of them had contributed money toward paying the expenses of his defense. There came a witness then whose testi- mony, it ‘was claimed by the defense, tended to impeach that given by Witness Phillips, who said he saw Duarrant in front of Oppenheim’s store. The prosecution, however, looks upon it as ratber a cor- roboration of what Phillips swore to when he was on the stand. - Patrick D. Conley is the witness in question. He related con- versations he had with Phillips in relation tothe latter’s testimony. Three gentlemen from Tomales then suc- ceeded one another in.the witness-chair. These were John Patten, Patrick Mulva- ney and M. L. Murphy. One and all they said they knew the witness, Clark, and that. his reputation for truth and integrity was not guod in the neighborhood of To- males. It transpired, upon cross-examination, that two of these gentlemen had trouble with Witness Clark’s father, and that Witness Clark owed one of the Tomales gentlemen—Mr. Mulvaney, the saloon- keeper—an unpaid balance of $10. Mr. Mulvaney also remarked that he had some feeling against David Clark, who corrobor- ated the testimony of Martin Quinlan as far as fixing the date upon which the lat- ter saw Blanche and Durrant walking down Bartlett street toward Emmanuel Church. ‘With the appearance of Dr. A. W. Hay- shalt on the witness-stand the defense be- gan its testimony to show that Durrant was otherwise engaged during the morn- jng hours of April between the 4th and the 10th, and therefore could not have visited Pawnbroker Oppenheim’s shop at the time claimed, Dr. Hayshalt brought along his rollcall of the lecture he delivered on the morning of April 4 at Cooper Medical College. The book showed that Durrant was marked present. Whether he was actually present, Dr. Hayshalt could not testify. As to Durrant’s whereabonts on April 5, George A. Merrill testified that he came out to visit the School of Mechanical Arts that morning shortly after 11 o’clock. Mr. Barnes will argue that this fact would not have precluded the advent of Durrant at the pawnbroker’s at 10 o’clock or before that. When Mr. Barnes asked about Lucille Turner Mr. Merrill admitted that she was a pupil of his, But the rules of evidence intervened here and did mot permit the District Attorney to show that Durrant visited the school to see Miss Turner. This voung lady’s name has been mentioned in the case before, outside of court, and the probabilities are that it will be mentioned again inside the court when the rebuttal testimony is offered. The trial continues this morning. THE MORNING SESSION. H. J. McCoy Summoned for Con- tempt of Court in Speaking to Juror Truman. It was Judge Murphy who broke the THE SAN FRANCISCO CALL, WEDNESDAY, OCTOBER 2, 1895. heim’s pawnshop, in order to test his memory for faces and clothes. Mr. Everett testified he took a charm to the anushop on the 6th of September. He had a conversation with the pawn- broker, the subject of which, however, he wasn’t permitted to reveat. “How were you dressed then?” asked Dickin- son. “I had onabrown hat, brown suit, dark neck- tie and neglige shirt.” “How long were you there?” “About three minutes.” ““What is your height?” “Five feet six.' “‘Did you wear a mustache on that day or an overcoat?” “No, sir.” “Or whiskers?” “No, sir.”” Martin Curtis of 16 Taylor street was placed on the stand. “Did you visit 405 Dupont street, Oppen- heim’s place of business?” “Yes, sir: at your request I went to pawn a ‘watch on August 30.” ““How long were you there?”’ “About four minutes.” “What is your height?” “Six 1eet.” “Did you wear whiskers or overcoat?” “Only the same mustache as I have. no overcoat.” iDid you talk with Oppenheim?” ‘es, sir.”” Was Oppenheim reading enything at that time?” ““Yes, a newspaper, negr the counter.” ““How close did he'hold it to his eyes?"’ “The paper was on the counter; he was lean- ing over it, and his eyes were about two inches from the paper.” X{:P;nu g0 to Oppenheim’s for?” I wore “What “To pawn & watch. Mr. Barnes—You are a graduate of Lincoln School? “Yes, sir: I knew Durrant at that time.” “{ou are not & member of the signal corps?” “No, sir.” “You are 8 member of the Olympic Club?’ “Yes, sir.” . “Ever see defendant there?"” “No, sir.” William P. Cathcart was called. “Have you ever visited the pawnshop of Oppenheim *Yes, sir, at General Dickinson’s request, on August 24.” “Did you ever see this corkscrew before 7" pointing to it. 5 “Yes, sir; on August 24 I took it to Oppen- eim.” ‘“How were you dressed ?” * “I had on a large brown slouch hat and dark sack coat, with light pants.” “Your facial expression was the same then as now 7’ “Yes, sir.” “How tall are you “Five feet seven.” Mr. Barnes—Are you acquainted with the de- fendant 2" “No, sir.” “Are you a member of the signal corps 2" “No, sir. “Have you been in the room while these other gentlemen were being examined ?” “T jast s:erped in. :Did you hear what was said ? ou pay any attention to Oppenheim ‘while you were there?” e “No, sir.” “Did he wear spectacles?” “No, sir.” “Did he have his coat on?” “That I can’t state positively.” *Did he have a hat or cap on?” “Idon’t know.” Patrick Darcy Connolly of S8an Rafael = e e s Ququn-rn. THAT Came e mreqcn THe - EcEn THE WITNESSES AT THE TRIAL OF DURRANT YESTERDAY. silence immediately succeeding the open- ing of court. Said he: “It has come to my knowledge that a citizen has committed & grave impropriety in speak ing to one of the jurors in this case. I canno! ignore such a_serious thing as thisand feel compelled to take some action in the matter at once, to prevent. if possible, the recurrence of | such’a most improper proceeding. In order to take hold of the matter properly, I shall call | the juror in question to the stand. I do not | take this course because I tnink the remark Eassed could have any influence on_the juror, ut because it is_the court’s plain duty not to pass by such an incident. Will you take the stand, Mr. Truman?”’ “Mr. Truman, upon last Thursday were you | rlam%in & streetear, upon the adjournment of court?” asked the Judge. “Yes, strs “And did any one speak to you or accost you in reference to this case?” ““Yes, sir."” “Now teli us exactly what took place.” ‘It was during the noon adjournment last Thursday. Mr. Crocker and myself usually go downtown together on thie same car, and—" “Is the Mr. Crocker you mean a juror in this case?” “Yes, sir.” “Tell what occurred.” “Mr. Crocker and I took the car in front of the building here. We rode inside. When we got quite & ways down Market street a gentle- | man goton. He came in the car and accosted me. Iam satisfied that he forgot himself for the moment, but in view of the admonition invariably given us by the court I know that his remark was improper. He made it thought- lessly and unintentionslly, I am sure. It was only & single remark, and then he said no more. “Whet was the remark?” - ‘It was something to this effect, ‘If you do not hang him we will hang you.’ ” “Who was the gentleman?”’ “H. J. McCoy.” 'Was the remark made in & public street- A Yes, sir.” “Loud enough to be generally heard ?” “Yes, sir.” Did'the Temark have any effect on you?” 0, Sir.” Will it have any effect upon you in judging this case?” “Not a particle, sir.” ““Mr. Clerk, you are instructed to make an order citing Mr. McCoy to come into court and show cause why he should not be punished for contempt of court. Mr. District Attorney, you will have the matter put into proper shape before the court. Make the order returnable day after to-morrow at 12 o’clock. “Iam satisfied,” continued the court, “that Mr. Truman couid not be influenced by any idle talk like this, but it is the duty of the juror to report every such occurrence as this to the court. The prosecution and the defense both haye rights in this case that must be ob- served by every citizen and no citizen must undertake to intertere with these rights. It is a very serious matter to say anything to a juror that might influence him—it borders on & very grave crime, in fact. 1am satisfied that no outside remarks would have the slightest influence with any member of this jury. Nev- ertheless Iam not disposed to view with any leniency such a remark as that passed by Mr. McCoy.” He must appear in court and answer that summons, That is all, Mr. Truman.” Barnes—I would ask that Mr. Crocker be also sworn, your Honor, for it appears that he was present when the remark was made. The court—Yes; let Juror Crocker be sworn. “Did you hear the remark ?” asked the court of Juror Crocker, when he had been sworn. “Idid not hear it.” iv."'%o' then, you received no impression from No, sir.” “The District Attorney will a matter of the writ for Mr. McCoy.” Witness R. W. Martland was recalled to the stand and examined further concern- ing the sunburners and the electrical ap- paratus. He said the distance between the gas jets and the base of the ventilators was six inches. If a man went into the church alone to test the sunburners he would be apt to turn on the gas before he went up to the sunburners. ~ There was no ventilation from the ventilating apparatus, witness further said. He held a match in the opening while three of the plates were off and there was not enough of a draft to put out the fire. Upon cross-examination Mr. Barnes asked witness if it was a very dusty place— up there at the gas-burners? “It fs,” said witness. “And you got your the examination 7’ 1 wore overnn;" “Did you consider the general v L general ventilation of “No, sir; only concerning the sunburners,” Juror Smythe—Is it necessary to turn on the as before tenmg the electrical apparatus for itmg thex su‘n urners? tness—It is not necessary, but you could not get & good idea of whether the clg vibrated properly unless you did. Juror Dutton—Where do you turn on the gas —near the sunburners? Witness—No, ir; in quiteanother part of the puilding (pointing it out on the diagram). Mr. Barnes—You made all these examina- tions in September? Witness—Yes, sir. Barnes—Then I move to strike out all the tes- timony of this witness, beeause it does not tend to show the condition of affairson April3. The court—Oh, that is a matter for the jury to consider, I think. They have a right to show the condition of the church at an: time, Isuppose. Ioverrule the motion to strike out. Leonard Everett was the next witness, and the first of a coterie of witnesses who took different articles of jewelery to Oppen- end to the clothes dirty in making [Sketched by a “ Call” artist.] Dickinson offered the watch in question in evidence, which was objected to by Mr. Barnes. Judge Murphy—I fail to see wherein the ad- mission of the watch as evidence is at all rele- vant or will aid in any particular, but to avoid controversy I will admit it. The objection will be overruled. Dickinson—How were you dressed on that occasion? “AsIam now. Black sack coat, light trou- sers and slouch hat.” Barnes—At whose request were you sent to Oppenheim’s?"” “General Dickinson’s.” ‘‘Are “Were you one of the heliographers on Tele- graph Hill?” “No, sir.” u visited the defendant since he has been in custody?'’ “] tried to once. but could not get in.” ‘‘Have you subscribed any money for the de- fense?” ‘es, sir.” “‘Are you connected with the Morse detective agency ?” “No, sir."" Leonard Everett was recalled. He iden- | took the witness-chair next. He said he was in the saloon business, and that he was acquainted with W. J. Phillips. ({\sl)llr. Phillips been in your place of busi- s Intel Yes, s *Did he have a conversation about seeing Durrant in front of Oppenheim'’s pawnshop?” “Yes; he said he was passing the store whe he saw Durrant talking to Oppenbeim near the door. He had something in his haund, and was | tossing it up and down.’” “Did he say anytbing about how he identi- fied Durrant by his picture?” “He said he put Durrant’s picture on the weall and put a slouch bhat over it. He then said he was satisfied Durrant was the man he saw, as he identified every featnre.” John Patten was sworn as the next wit- ness. “Where do you reside?” asked Mr. Deuprey. “At Tomales, Marin County. I've resided there eighteen years. I have been in the har- ness business.” “Do you know the witness, David Clark?” “I've seen him several times.” Mr. Deuprey—Do you know what his general re{)llmlinn 1s'and was for truth and integrity? Mr. Barnes—Your Honor, I would ask that the witness be instructed. The witness was then instructed to speak BECRETARY HENRY McCOY. tified the locket he tried to pawn with Mr. g):penheim, and it was introduced in evi- nee. “While you were in the store what did you observe?” “He put the locket very slo!e to his eye and exnmg'nad it. He afterwari looked at it with a ” Do you belong to the signal corps? ‘es, sir.” ‘“How long have you known the defendant?"’ <About seven or eight years.” “Ever g‘o to school with him?" ‘es, sir.” “Did you subscribe any money for this de- fense?” “Yes, sir.” P.J. Newman of 855 Harrison street, a cigar-dealer at Montgomery and Bush streets, was the next witness. “Did you visit Mr. Oppenheim at his pawn- shop?” asked Mr. Dickinson. did, at your request.” ‘hat did you try to pawn?” ‘A watch.” “Show me the watch?” The witness pulled a gold watch from his pocket and said: “This is it.”" “l\iu‘n & monogram on {t?” “Yes! ““What conversation did you have with Mr. Oppenheim?" ““He said that the watch was not worth much to & pawnbroker on account of the monogram.” “How does that agree with the testimony of Mr. Oppenheim?” asked the court. D;‘!l is substantially the same,” replied Mr. uprey, “Idon’t care so much about the conversa- tion as I do for the description,” remarked Mr. Dickinson. “How were you dressed on that day?"” “The same as I am now, in black.” not of his personal knowledge, but in general as of the people. Mr. Deupre Do you know what Mr. Clark’s rep:l)lnl(lon i “On 5?2 - hearsay. Inever had any business with him,” Mr. Denprey—I didn’t ask you that. Judge Murphy—How long ago is it that you heard anything concerning Clark ? “Probably five or six years.” Mr. Deuprey—What is his reputation? Dovad it bad, or d ot 2 “Do you ruppose it bad, or do people say s0?” “Tthink people say it is bader b oY Mr. Barnes—Do you remember any one per- son who spoke badly of him? “Mr. Mulvaney, Owen Smith and others.” +Is Mr. Mulvaney here?” Ny ers are toppl is City ?” “‘Where are you stopping in this City ?" £On Mission nreel.np 5 z “What is your friend’s name?” “I don’t know; I only know him by sight.” “How long have you known Mulyaney?"” iBeveral veara.” *Does he keep a saloon ?”” “Yes, sir.” Do you know his son?” “Yes, sir.” “That’s all.” Patrick Mulvaney of Tomales was called. He testitied he had lived at Tomales four- teen years and was engaged in the hotel business. “Do you know David Clark?” “I have known a gentleman by that name about twelve years.” “Do o know the general reputation of David Clark atTomaies for truth and honesty a x:lg the people in which he lived?” YD hat 1s it, good or bad?” “Bagh * Mr. Barnes was not prepared to preceed with the cross-examination of the witness and he was ordered to return at 2 o’clock. M. L. Murphy of Tomales was sworn then. He has resided there nineteen years and knows David Clark. He said: “What was his general reputation?” “I shouldn’t think it was good.” “Take the witness.” Before the District Attorney began the cross-examination of Mr. Murphy the court ordered an adjournment until 2 o’clock. THE AFTERNOON SESSION. Trying to Prove the Whereabouts of Durrant at the Time When Op- penheim Says He Saw Him. In the afternoon Mr. Murphy of Tomales was recalled by Mr. Barnes for cross-exam- ination, “Where did you stop last night?”’ asked the District Attorney. “*At the Prescott House.” ‘Do you know & man named James Keys?” “Yes, sir.” “Did you ever have any trouble with Dayid Clark?” No, sir.” Did you have any trouble with his father?” Yes, sir.” Mr. Mulvaney came back to the witness- stand, and Mr. Barnes asked: “Are you acquinted with John Clark, the father of David Clark?.’ “Yes, sir.” “How long have you known him?” “Seven or eight years.” “Did you ever have any trouble with him?” “Yes, sir; in a lawsui : “Did you have & mortgage o his farm?” “No, Sir.” Py “Does David Clark, the witness in this case, owe you any money "’ “Yes, sir.” “Have you any feeling againsthim on that account?” “Not particularly on that account.” “Then you have some feeling against him?”’ “Yes, sir.” «“Did’ you keep s saloon before you kept the hotel 7" “Yes, sir. Dr. A. W. Hayshalt, at present at the State Insane Asylum as house physician, but a lecturer at Cooper Medical College in April last, was the next witness. In answer to Mr. Dickinson’s questions he said that on April 4 last he delivered a lecture on the ‘“Physiology of Chemistry’ at the Cooper Medical College between'10 and 11 o’clock in the morning. Witness had the rollcall of that lecture with him. It showea that Durrant was present at that time. Mr. Dickinson offered it in evidence. ; The District Attorney objected to this, maintaining that the whereabouts of the defendant on April 4 was not the subject of this inquiry. Mr Dickinson--This testimony is offered to disprove that of Oppenheim, who said that Durraut cailed at his store in the morning some day between April 4 and 10. The court—I will allow the evidence for that purpose. Mr. Barnes (cross-éxamining)—What time did the lecture begin?, *“At10 o’clock.” “How long do your lectures last?"’ “The actual lecture does not always lasta full hour.” “Do you know of your own knowledge whether the defendant was present at that lecture?” “1do not.” Deuprey—We object to that. The court—1he objection is overrnled. “Then you testify, as to Durrant’s being pres- ent or absent, only from what the rollbook shows?” “Yes, sir. Mr. Durrant.” Dickinson—What was the number of students in your clas: bout seventy-four, T think.” ow many were present that day?” “I can tell by looking on the roll. Fifty-one students answered to their names.” “To what extent do you know the students?” “Some of them I know intimately; some I only know by sight. I know all of them at least by sight.”” “How many do you remember seeing present that morning?” I can only guessal thatnow—abouta dozen. If 1 had time to think it over I might enlarge the number.” The Court—How long have you lectured at the college? Witness—Five years. The Couri—Do’you know of any instance in which one student answered for another at the rollcall?” Deuprey—I object to that. The Court—Well, I shall withdraw the ques- tion as far as the court goes. 1 think it proper, though. : 2 Dickinson—We certainly object to any such { & question. We have confined our inquiry to a certain day and hour and should not be bound by any inference that may be drawn from a custom, if that be the custom. Barnes (repeating the court's question in another form)—I insist upon the question. It seems to me competent in every way and cer- tainly bears considerably in this case. Dickinson—We insist that it does not throw light upon the particular point in question. The court—The witness says he does not have any personal recollection of the defendant being present. It seems to me, if it were a fact that one student answered for another, that would have weight as to showing what de- pendence is to be placed upon the roll. 1 Dickinson—The best evidence, your Honor, is always the most direct evidence. The prosecu- tion can call all the students and ask them if any one answered for Durrant. I submit that the cross-examination should be limited to the precise hour and day in question. The court--But the custom, if it were a custom, would surely go toward establishing what de- gree of weight the rollcall has. You do not contend that it would not? Dickinson—I can only reiterate our conten- tion that the direct evidence is always the best evidence. The court—Of course, that is the rule. The most_direct testimony, where it is available, should pe rmduced. To be on the safe side 1 think I will allow the objection and not permit the question. Barnes (to witness)—Did you attempt in any way to verify the correctness of the roll? “Not particularly. “You simply marked ‘present’ voice answered?"” “I did unless some doubt was raised in my mind by the tone in which the answer came.” Do you remember any such instance occur- ring on the 4th of April “Yes, sir; I think Ido. “How long have you known this defendant?” «1 have known him by sightseveral years; I could not always have called his name. I could not have done so in April last, but I knew him very well when I saw him.” “When was the roll called, before or after the lecture?” “Before the lecture began.” . Juror Smyth—Did anybody leave the class during the jecture? Witness—I don’t remember that. Dickinson—Where did you deliver the lec- ture? “In the main lecture-room.”” “Was the door locked or unlocked during the lecture?” “I don’t think it was locked.” George A. Merrill of the School of Me- chanical Arts®at Sixteenth and Utah streets was sworn. He testified that he had known the defendant forseveral years. On the 5th of April last at 11:15 o’clock in the morning Durrant came to the school. He said he dropped in to see the school, said witness, “Was any one else present when you saw him?” asked Attorney Blckinscn. ;"\"es, sir; oneof the teachers, Oliver Good- ‘Do you know when h e left?”” “No, sir; but I heard he staid till 12.” The court—Let that be stricken out—what the witness heard. “*How far is the school from the City Hall?” Ido notremember further as to when the ““Yes, sir; here are the proper returns.” “Then I suggest that attachments be issued for them.” “We will telegraph for them to-night,” said Mr. Deuprey, ““and then if they do not respond we will ask for the attachments.” “Very well, gentlemen. I do not desire to break in upon the order of your testimony,” said Judge Murphy, “but we must proceed with more celerity.” Dickinson—I would like to suggest tothe court before adjourning that the jurors be re- quested to turn over to the court any anony- mous letters they may receive. Iknow that both the prosecution and the defense receive them every day, and— The court—Yes; I receive them myself. Half a dozen of them come to me every day; but, of course, the jurors are not to be influenced by anything like that. Dickinson—Certainly not, your Honor, but I sugdgeui!m that we may perhaps be able to find out who the guilty persons are and have them punished. Judge Murphy followed the suggestion, and in administering his customary lec- ture to the jurors not to form or express any opinion on the case or to permit any one to speak to them concerning it, he added that if any anonymous letters were received by ang of the jurors they should not be read, but handed over to the court. An adjournment’ was taken until 10 o’clock this morning. McCOY’S EXPLANATION. He Says That His Words Were Ut- tered in a Jocular Way. The explanation given yesterday by Gen- eral Secretary McCoy of the remark he made to Juror Truman 1s as follows: Iadmit that Isaid it to Mr. Truman. but it was altogether in a jocular spirit, Mr. Truman and Ihave known each other for thirteen or fourteen years. He 1s on our State Committee of the Young Men’s Christian Association and also on the committee of our Twentieth-street branch. Owing to our long acquaintanceship and the close relations that have brought us together we have been in the habit every time we chanced to meet of indulging in some jocular interchange or observations. The meeting of last Thursday was just such & chance meeting. I said to him, without the slightest thought at the time of the import of my remarks or the possible effect and in asheer spirit of nonsense : “If you don’t hang that fellow I'll hang you. It was utter thoughtlessness on my part, and not till & few moments aiter did any thonght of the character of its wording or the gravity of the circumstances connected with it come to my mind. Then I thought that I had done something which I should not have done, but 1 paid no more attention to it. RAILWAY SMALL TALK. Changes in Southern Pacific Time—Plans for New Orleans Travel. C. P. Huntington is putting in eight bours a day at his desk in the Southern Pacific building and all the officials are doing linewise. There are all sorts of conferences daily, but just what they por- tend no one pretends to say exactly. The gossip is that it has practically been settled that there will be no change for the winter in the train service between here and Ogden. It was announced that beginning on October 4 the through southern overland (Sunsct} will leave here at 5:30 P. M. in- stead of at 9 A. M. as at present, and the Los Apgeles at 9 a. . instead of at 5:30 P. M. Plans for the new Sunset limited are be- ing discussed. For this service four pala- tial trains are now about comnvleted at the Pullman shops. The service will begin November 2, and trains will leave here after that at 10 p. . every Tuesday and Thursday. With the new traftic arrange- ment with the Southern Railway there will be only a five-minute delay at New Orleans. Passengers arriving on the Sun- set train at 7:10 A. m. will leave at 7:15on the fast mail for Atlanta, Washington and New York. The schedule time announced for these trains between San Francisco and New York is 119 hours, about the same time as the Central overland lines, Several changes- have been ordered in the official roster of the Southern Pacific’s Atlantic system following the appoint- ment of Mr. Kruttschnitt as general man- ager. Thornton Fay is made assistant to General Superintendent Van Vleck; J. T. Mahl, engineer of way maiutenance; J. J. Ryan, superintendent of motive power, and P. J. Maguire and J. R. Cade, master car-builders. The Railroaa Commissioners will meet to-morrow afternoon. —————— Sent Back to Germany. Karl Quednau, a sailor of the German ship Alice, was delivered by the United States Mar- shal into the custody of the German Consul yesterday, to be returned to Germany for trial ona charge of mutiny. When the ship ar- rived here several months ago the captain of the vessel had Quednau arrestea for creating a disturbance on board. He was examined by United States Commissioner Heacock, and on the showing that he was a German subject was delivered to the United States Marshal, subject to the orders of the Consul. Yesterday the latter notified the Commissioner that the ship was about to sail and that he desired Quednau delivered on boarc, and an order to that effect was accordingly made. ke SUR Out of a population of 600,000, Sweden has only 2000 Roman Catholics. Train E J, BALDWIN® RETIRES His. Large Hostelry Changes Hands With the First Day of October. Elaborate Scheme of the New Pro= prietors—A Clean Sweep In Employes. E. J. Baldwin gave up the keys of hig famous hostelry yesterday and withdrew from the cares of hotel management, Simultaneously with his going ont Stone, Stanton & Co. walked in and took posses- sion. With them entered a new office staff and men of experience in various de- partments of hotel business to assume charge of their respective places. Early in the morning a large force ot carpenters went to work in the offices, erecting scaffolding for the painters, plas- terers and decorators. A contract was let for remodeling the halls and main office and for decorating and otherwise rehabili= tating sixty-four rooms upstairs. Large sums of mof.ey are to be expended in the interior improvements that have al- ready been started, for it is the design of the new company to stop at nothing which will make the Baldwin attractive. A rumor has been . afloat tothe effect that M. A. Gunst, the Police Commissioner, was one of the chief promoters and sup- porters of the enterprise, but hé stated yesterday that there was no foundation for this report. ““AllT've to do with it,” said he, ‘‘is that I have made all arrange- ments for opening. a first-class _cigar-store in the hotel at_the corner: of Fowell and Ellis streets. Next week the cafe in the corner will be torn out and remodeled for a cigar-store. Ishall fit up the place m the best style I know how, as“I expect to make it an attraction in keeping-withother features of the house. ' But with ‘that my connection with the Baldwin Hotel ends.” Manager Stanton was in his office yester- day receiving congratulations, attending to details of stock-taking and: making him- self familiar with the hotel ‘affairs. He says: We have begun on the first’ day- to earry out our programme of ‘improvements. “To begin with, the whole' house, excepting- the bar and decorated in_clegant billiard _rooms, will be style. The dinin-grooms will be in" white and gold. Two badly needed slterations will be made at once. They aré a large entrance on Market street and a’ladies’ entranc: the ele- vator from Powell street. A very séripus fault in the arrangement of thé main office will thus be overcome. Heretoiore ladies had to pass through a crowd oi—well people who did Dot belong to the hotel, but made the office their headquarters downtown. With a hall exclusively for families, ladies may pass to the elevator without having to run the gauntlet as of oid. When the lease of a store adjoining the Market-street entrance expires on November 1 the store will be vacated, the wail between it and the hall remeved. Then an imposing entrance on the main street will be built. We will replace the colored waiters in the dining-rooms by white men and also improve the service and accommodations. The management had not made up its mind regarding what course it woul@ pur- sue regarding the politicians who. used to assemble nightly'in the office, but a well- defined policy will be adopted with regard to the loungers in the halls and billiard- room. It will also fare poorly with several of Mr. Baldwin's special guests, who will have to look around for new quarters with- out much delay. Mr. Stanton . said’ ‘that the staff would consist of J. A. Clough, chief clerk; Lynn Austin, room clerk, and F. D. Scott, night clerk. 'Mr. Stanton has had large hotel ex- perience in the West, and_knows the lead- ing public men of illinois, Iowa, Kansas, Missouri and Colorado. : It need surprise no one if many of the progressive West- erners—Congressmen, railway men; jouar- nalists and lawyers—should renew their { former acaunaintance with Stanton at his tavern in this town. > S A BRIDE OF AN HOUR. She Wants a Divorce From Her Recre- ant Husband. Frances Zeile is suing: for a divorce from George D. Zeile because of -his desertion. The case is before Judge Hunt. The two young people, both. under age at the time, were married in September, 1894. They were married at8o’clock in the evening, and at half-past9 the husband left his wife, and has not seen her since. He left because his parents wished him to. The girl soon after left her house on ac- count of domestic troubles, and has since supported herself. She asks for a divorce and for permission to resume her maiden name of Frances Morse. The groom is the son of A. Zeile, the druggist. e Verdict of Accidental Doath. An inquest was held yesterday in the ease of Michael McLane, & fireman on the steamer | Portland, who was injured on_July 16 last by an accident to the boiler and died “on July 20. No blame was attached to the steamship com- pany, and a verdict of accidental death was rendered. “"’:‘us! & mile—the mile circle passes through In cross-examination Mr. Barnes asked: ‘Do yot know Lucille T urner ?”” “Yes, sir.”’ «1s she a student at your school?” “Yes, sir.” year?” Deuprey—We object to this. The court—I will overrule the objection. Witness—Yes, sir; she was a student. “Did Durrant make any statement to you concerning his purpose in visiting the school?" asked Mr. Barues. Deuprey—We objeet to that. The court—He may answer yes Or no. Witness—Yes. ““What was that statement?” Deuprey—We object. The court—How do you claim that is cross- examination? Barnes—I withdraw the question. (To wit- ness)—~How long a ride on the cars is it from the City Hall to the school? Witness—About 12 or 15 minutes, it you make the connections all right. Mr. Dickinson called for Barclay Hen- ley. There was no response. He called for A. P. Overton, then for O. H. Holt, but there was no response to any of the names. “In view of the fact that there are no further witnesses present,” said Mr. Dickinson, “I am compelied 't ask’the court for an eariier ad- journment this afternoon. Some of the wit- nesses live in Sonoma County, and they may not have received our letters.”’ “Have the court. “‘Was she a student there on April 5 of this HYAMS, PAUSON & (0, 34-36-38 and 40 Kearny Street 25 and 27 Sansome Street, Manufacturing Clothiers ,Selling Direct to the Consumer, Now Displaying Fall and Winter Styles of Clothing. For Man, Boy or Child. Make your money do double service and buy direct from us and save 1/ from the Retail Dealers’ Price. Our prices exactly the same, either at 25 and 27 Sansomie st., or 34, 36, 38 and 40 Kearny St. HYAMS, PAUSON & (0, Wholesale Manufactu-i'ers, 7 b subpessit” wisd 0o | IN. DIRECT DEALINGS WITH THE CONSUMER,