The San Francisco Call. Newspaper, October 16, 1895, Page 9

- THE SAN FRANCISCO CALL, WEDNESDAY, OCTOBER 16, 1895. 9 —_—_— R Y e e e e FIGHT FOR HIGH RATES, Commissioners La Rue and Stanton on the Raijl- road’s Stand. . THE CONSTITUTION ATTACKED. 1t Is Shown That the Southern Paclific Recognized the Commission. Railroad Commissioners La Rue and Stan- ton were quite hopeful yesterday that the stand taken by the Southern Pacific Com- bany against the reduction of & per cent on grain rates would prove untenable in the courts. i ““I regard it untenable for the simple rea- son that a reduction of 8 per cent on grain rates in California is neither unjust nor in- jurious to the company,” Commissioner La Rue explained. “And as for the acts of this commission being unconstitutional a}nd therefore illegal, as claimed by the Southern Pacific Company, we shail see. The railroad has already accepred resolu- tions adopted by this body, and that is certainly not in line with its latest action.” .The president of the com ion was in- disposed and reclined at length on a lounge in the board’s office mf’duy long. He remarked that he should be at home, but felt his duty held him in town for the purpose of conferring with Attorney-Gen- eral Fitzgerald and Dr. Stanton. In the early afternoon the doctor arrived at the Railroad Commissioners’ office, and began atonce with Mr. La Kue to review the many phases of the situation as presented by the legal contest. They went through renorts of proceedings, constitutional pro- ons regarding the commission, picked to pieces statements made by Southern Pacific officials at the recent in- vestigation, which statements will be used in comparison with claims set forth by the railroad in its bold fight. Finally, the two Commiss concluded to call a special ing for Thursday afternoon to take al recoznition of the suit and to for- y determine upon a line of action to connection therewith. considering the case Mr. freely npon thesubject. He e suit attacked the very life of oad Commission, for, as he ex- € rates could not be made by it board would of necessity become a rere bureau of railway statistics. Said he: s Texas case, which is taken by the road as a precedent, I'm told by ‘good ority, has no bearing upon this board. ie Texas commission was created by the lature, while the California_hod y the constitution. It is qu nt'thing. Then, I've no doubt there ion in the Texas case. l“mi true that the railroad never ized k La Rue d tha he: Ra plained, Wood- they ere ¥ Sorings, ¥ plained of as excessive. On nt I made to Mr. Smurr of the ’acific the rate was reduced ex- alf, ad abided by rates made by sion when the Western classi- applied to Califo; and in | at I cannot see how the T could ave more f ‘A zed this board Octobe a gen ghi 1 pted matter handise, to | ation, with centinits gen- rchandise in mission has d' new tariff and has de- atitsubstantially complies with the | this commission; therefore, ation of seid tariff | Company be and is | he rates embraced in hereby adopted by this ed to become effective | t the public L Pa Third District. WM. BECKMAN, Commissioner First District. ‘I don’t believe that the courts will hoid t reduction to be reasonable. The - made an average reduction of 10 | last December of its own volition. g wheat, ' which in quantity | ints to more than one-fourth of the'| ight carried in California, and is | mportgnce to the State, it can duction of 8 per cent. Then we the rates have been too high, > welfare of the State calls for more | able and reasonable figures. | railroad people take the first cost | the road and then add on every addi- | tional outlay for improvements, and all her are taken as the cost of the road. put up a million-dollar bridge and it is burned down. A new bridge is buiit and then the road is estimated worth the added expense. Bonds are issued, and so on, and, as Mr. Lansing stated before the board, ‘The road increases in value as it grows in age.” But that is where the in- come , and the income is taken mainly from ht.”” - 5 Commissioner Stanton said: *“I’ve been thinking whether this restraining order will affect wheat shipped after the 16th, when the reducea tariff was to have taken effect. Suppose the shipper pay the old rate under protest. I think that under such conditions and if a decision were granted in favor of the commission the <hipper sbould be paid the difference. ['hat is, the excess of 8 per cent would have to berefunded.”” ‘I am of the same opinion,” added Mr. La Rue. *“I think the railroad will be d responsible for the 8 per cent wher- r the old rate is paid on grain shipped during the existence of the restraining order. Iknow if I shipped grain under these circumstances I should certainly pay the rate under protest.” Stanton continued : “The railroad company claims that we haven’t power to make any reduction. N there are places where rates are man- unjust, but we are absolutely pro- hibited irom making any reduction. We cannot do anything official since our hands are tied; we cannot promulgate anything in the nature of a reduction, for then we would be in contempt of court. Still I be- lieve we are right, of course. The rate is nable and after the & per cent reduc- tion the railroad would get reasonable re- mureration for its services. It isa matter before the courts.” The doctor was asked if the restraining order was so sweeping as to take away from the Railroad Commission the power of reducing rates why should it not equally render the board helpless if the Southern Pacific Company undertook to raise rates. Rates reduced in competition cannot be raised without consent of the commis- " he replied. ““But, of course, if the railroad should continue to ignore us, as it as been doing, how are we to know? I don’t know what it might do in that direc- tion—another matter of law. The railroad says that this reduction of 8 per centaffects its income, still it has been making reduc- tions of its own volition since this resolu- | Miss Nellie McDonald of the driver, Oppen- | heimer was arrested. | was the man, but he produced a number of | John Rosenseld Sons, well known in com- shall be their duty, toestablish rates of charges for the transportation of passengers and freight by railroad or any other trausportation com- panies, and publish the same from time to time, with such changes as they may make: to examine the books, records and papers of all railroad and other trensportation companies, and for this purpose they shall have power issue subpenas and all other necessary pro- cess; to hear and determine ccmplaints against railroad and other transportation companies, tosend for persons ana_ papers, (0 administer oaths, take testimony and punish for contempt of their orders and processes, in the same man- ner and to the same extent as courts of record and enjorce their decisions and correct abus through the medium of the courts. Saia Co; missioners shall prescribe auniform system of accounts to be kept by all such corporations and companies. Any railroad corporation or transportation company which shall fail or re- fuse 10 conform to such rates as shall be estab- lished by such Commissioners, or shail charge ratesin excess thereof, or shall fail to keep their accounts in accordance with the system preseribed by the commission, shall be fined not exceeding $20,000 for each offense: and every officer, agent or employe of any such cor- poration or company who shall demand or r ceive rates in excess thereof, or who shall in any manner violate the provisions of this sec- tion, shall be fined not exceeding $5000, or be imprisoned in the County Jail not exceeding one year. Inall controversies, civil or erim- inal, the rates of fares and freights esteblished by said commission shall be deemed conclu- sively just and reasonable. Commenting upon this extract from the constitution the Commissioner held that there was no way out of it, even through the United States courts, without over- riding the very constitution of California. MISTAKEN IDENTITY. The Charge of Manslaughter Against Henry Oppenheimer Dismissed. The preliminary examination of Henry Oppenbeimer, solicitor for the Union Brewing Company, on the charge of man- laughter, was held before Jndge Low JUDGES ON THE STAND, Their Evidence for the Garce- lon Defense Materially Different. STANLY'S RELATION AN ISSUE. Business Worrying to Mrs.Garcelon. Attempt to Impeach a Witness Claimed. The defense put two judges on the wit- ness-stand in the Garcelon case yesterday. One of them, Judge John A. Stanly, is the most important witness in the great Cir- cuit Court trial, and upon his testimony the result of the contest hinges. With the exception of a few minutes | early in the morning, during which War- ren Olney occupied the stand at the request of the plsintiffs, who immediately there- after closed their case, Judge Stanly was in the witness-chair all of the forenoon. Most of the time he wasunder fire of a vol- ley of questions from Arthur Rodgers, many of which were objected to by Judge Hayne on the ground that the defense was trying to impeach the testimony of its own Wwitness by raising questions as to the understood that she could change the| deeds except in so far as the power of revocation was mentioned in them; that the deeds and other papers were executed in duplicate, and that he had been given the deed, the bill of sale and the declara- tion of trust by Mrs. Garcelon immediately after their signing, and had brought them 1o this City and put them in his office safe, and that there they remained until after Mrs. Garcelon’s death except when he took them out at the time they were ac- knowledged. Purrington had put the copies in Mrs. Garcelon’s tin box until he could get a box for the trustees. The witness was_then excused by both sides, but he asked the court for permis- sion to make three explanations. First he said that when he was preparing the hos- pital trust deed Mrs. Garcelon asked him to consult with Dr. Agard and Dr. Pinker- ton, her old medical friends. He showed them the draft he had prepared and the; objected to it, saying that it was so bro: that it would authorize a lying-in hospital, Mrs. Garcelon refused to have any changes made, declaring that she wanted it just that way. She had been a doctor's wife and she knew the necessity of providing for cases of that kind. Secondly, he explained that since saying he had written no letters about the Garce- | lon business he remembered having lefta type-written memorandum with Judge Blake, and that that memorandum, while in letter form, was simply a stenographic record of a conversation he hadat that time with Judge Blake. Thirdly, he said that he remembered dis- tinetly having explained carefully to Mr: Garcelon the forfeiture clause in the trust papers before they were executed. Judge Hayne said that it had been shown that Judge Blake never heard of the proroned gift to Bowdoin College until after Mrs. Garcelon’s death, and that the defense was trying to show that undue JUDGE JOHEN A. STANLY, the Witness on Whose Evidence the Garcelon Case Hinges. > JUDGE ISRAEL LAWTON, the Fecond Judicial Witne - for the Defonse. yesterday, and after hearing the evidence | the case was dismissed on motion of | Attorney Mack, who appeared as special | prosecutor. James Young, an old man, was knocked down by a rig driven by two men at West Mission and Ridley streets on | Saturday, September 28, and died the fol- | lowing day. z On the strength of a description given by 3 In court yesterday she swore positively that Oppenheimer witnesses to prove that he was at home at the timeof the accident. This satistied the prosecution that it was a case of mistaken identity on Miss McDonald's part. B COAL TRANSHCTION The Central Coal Company Absorbs Macdonough & Co.’s Business. There Are Many Who Think the Deal Looks Very Much Like a Combine. There was considerable excitement on | the water front yesterday when it became generally known that Macdonough & Cos, | wholesale coal-dealers, had sold their en- tire business to the Central Coal Company, & corporation of but recent organization. mercial circles, are the largest stockhold- ers in the new concern. It was common talk along the street that this sale and purchase were but the forerunner of a big coal combine, Rosen- feld Sons and the Dunsmuir Company now practically controlling the situation. There may be a great deal of truth in this or it may be anly the “talk” incidental to a commercial transaction of this magni- tude. The only featu connected with the entire transaction which seems to lend any color to the coal combine theory is the fact that Macdonough & Co. first sold their business to E. A. McDonald, who imme- | diately turned it over to the Central Coal Company. ““There is nothing at all startling in the purchase of Macdonough & Co.’s busi- ness,” said H. Rosenfeld yesterday. “We have simply bought their coal interests, and it _is our purpose to conduct the busi- ness along the same lines laid down by them. There is no_significance whatever in the transaction, it being simply a case of one firm selling out to another. The sale of Macdonougn’s coal business 50 dE‘ l;A,‘_E)(cDonal:‘i wasn;:omirmed by udge Coffey yesterday. The price paid Was $46,02 24. e e ———— OHILD-SAVERS, Preparations for Homes in This City and at Beulah. A meeting of the Child-Saving Society was held yesterday. D. M. Carman, presi- dent, Mrs. J. E. Barrow, M.D., Mrs. M. Fell, Rev. W. H. Latourette, Rev. H. W. Brayton, C. H. Street and George 8. Mont- gomery were present. It was decided to incorporate and to widen the scope of the work so as to include the establishment of a place in the City where the waifs and strays as well as the other negiected children of the City can find a temporary home and where they can be prepared for either placing in private homes or in a ermanent home to be established at Eeulnh. The ground for this permanent home has been donated and the plans for building are being perfected. A long circular letter to those interested in charitable work outlining the aims and purposes of the society was prepared and an interesting letter was received from Mr. Daniels, the superirtendent of the Waiis’ Mission at Chi describing their new quarters into which they have Iately moved as being the finest and best ap- tion was adopted, and very material reduc- uions at that.” Commissioner La Rue read the following provisions from the “constitution of the State of California,” bearing upon the case in point: Eeid Commissioners shall have power, and it ointed of any similar home in the K'nited States, yAnd they have added, to their several other methods of securing money a band of waif boys who have be- come sufficiently proficient to warrant the home in sending them out under engage- ments all over the country. | ritt’s estate. | journed. "This morning Judge Hayne will | subject him to cross-examination. | rington and Mrs. Garcelon’s physician, | truth of certain on the previous day from his deposition. The afternoon session was devoted en- | tirely to the testimony of Judge Israel Lawton, one of the executors of Dr. Mer- He was in the hands of the defense as their witness until court ad- The Lawton testimony pictured Mrs. Garcslon as a nervous old lady, apparently somewhat overwhelmed by the enormity of the business interests of the Merritt es- tate, the extent of which she could not comprehend, though she was probably caps le of understanding it. udge Stanly and Stephen ‘W. Purring- ton were Mrs. Garcelon’s only confidants; they alone were acquainted with her plans for the distribution of her estate by will and deed. Mrs. Garcelon, Stephen Pur- | Dr. Agard, are dead. Judge Stanly, the man who stands accused by the defense of having used undue influence with Mrs. Garcelon, is the sole surviving witness to the secret deliberations that resulted in the creation of the trust, by the provisions of which Bowdoin College is to receive $400,000 and an Oakland hospital $600,000. | When Warren Olney took the stand he acknowledged having made an argument in an earlier trial in support of the Gar- celon will. Judge Hayne tried to have Olney estab- lish Judge Patterson’s relation as an attor- ney in the case, but Rodgers succeeded with an objection. Arthur Rodgers was in 1 turn frustrated in his attempt to prove Olney’s relation as an attorney in Stanly’s employ. Judge Hayne then said that the plain- tiff’s case was all in. Judge Stanly testified that during the time from February 19 to April 21, 1891, he consulted with Mrs. Garcelon many times; that she never consulted with him prior to December, 1890; that after Febru- ary 22, 1801, and until April 21 of that year he was her attorney and that after that he advised with her as to her will, but that he never wrote any business letters for’ her, and that about May, 1891, Mr; Garcelon advised with him as to her re! tions with her former attorney, Judge Hamilton. A letter signed by Mrs. Garcelon was read by the defense. It was directed to Judge Hamilton and was to the effect that he §ad been amply compensated for his part in the settlement of Dr. Merritt's estate, and that Mrs. Garcelon did not pro- pose to reward him for what she had con- sidered friendly services subsequent to that settlement. Judge Stanly had no recollection of this letter, but when Rodg- ers submitted a copy of it he recognized the draft as his own handwritin];. Judge Hayne objected to the filing of this draft as the defense had adopted a sur- prise to impeach its own witness's tes- timony. Rodgers asked the witness if he con- versed with Judge Lawton in October or November, 1890, regarding Mrs. Garcelon’s will and if he did not say to him that the early will was not worth the paper it was written on,and that Mrs. Garcelon could not make a will. ; Hayne objected to the questions, and Rodgers exclaimed dramatically, while pointing at the witness: AL “1f your Honor please, I submit that this case hangs on the testimony of that man; the case of the complainants hangs upon this witness.” 5 An answer being permitted by the court, Judge Lawton said: “Itisaltogether and entirely false that I had such a conversa- tion, but,” and he laid stress upon. the word, “I do know that Judge Hamilton brought to my house in Oakland the will of August, 1890, and that I remarked that it was not, in my judgment, worth the gaper it was written upon, because of its locumentary form; but I never said to any one at any time that Mrs. Garcelon :ould not make a will or was not compe- ent.’’ A memorandum in the witness's hand- writing directing thatncofly of the deed of trust be placed by Stephen Purrington in Mrs. Garcelon’s tin box was introduced by the defense to show that the deed re- mained where Mrs. Garcelon could have access to it, and the presumption was raised that she had been led to believe that the character of the document was such that she could alter it at her plesure. Hayne declared that the deed was most efgphc“ in its terms, and that it was in effect as soon as 1t had been signed and delivered, and could not be recalled no matter where the paper was kept. Judge parts of the evidence read | influence had been exerted. Stanly expiained that Mrs. Garcelon never To this | Rogers replied that he wished to prove that when Mrs. Garcelon was dead and be- fore she was buried Judge Stanly con- sulted with “this son of Bowdoin College, Judge Blake,” and that Stanly was the instigator of the. present suit, which had been a scheme of Stanly and Blake ever since February, 1891. Judge Lawton stated that ke had lived in Oakland for the last twenty-one years; that he knew Dr. Merritt intimately from 1874 until the time of his death, and made a number of voyages as his_companion on the yacht Casco. He used to call on him several timesa month, and he was hisattor- ney in the Truitt case. He said that he never was Mrs. Garce- lon’s attorney ; he used to be an intimate friend at the Merritt house, always enter- ing the front door without ringing, but after the Stanly consultation began that door was often found locked, and he was told on two occasions by Stephen Purrington that Mrs. Garcelon was busy with Judge Stanly. Mrs. Garcelon told Judge Lawton pri- yately after the compromise had been made with “the boys’ for $500,000 and before the papers were signed that she would will- ingly have given them half of the whole estate rather than have a contest. After Dr. Merritt’s death Mrs. Garcelon appeared to Judge Lawton to be much worried, and frequently complained of neuralgia and a pain in” the back of her head. He did not think, however, that she was incapable of umientunding the enormity of her estate. As to Judge Stanly’s remarks about the e;\rl)' will, Judge Lawton affirmed emphat- ically that Stanly had said in his own office, “‘It is not worth the paper on which itiswritten; she can’t make a will.” P e Sty AGAINST HIGH FENCES, The Fire Wardens After Those Built in Excess of the Ten-Foot Limit. A Dozen Lot-OWners Who Allowed Them to Be Erected Wil Be Arrested. “‘Ten feet for fences is the limit,” said Chief Engineer Sullivan last evening, ‘“and all fences in excess of that limit will have to come down—that is all there is about it. ““The attention of the department has been called recently to a number of the fences on Fell street, Van Ness avenue, Fourth and other streets, and the District Engineers, who are Fire Wardens, were sent out to look into the matter. They learned that these fences were put up in the night time for rival bill-posters who wanted to use them for the purpose of placing bills upon them. Now, this is all wrong, and they will all have to be brought down to the law limit, and, in order to do this, we will have warrants issued for the arrest of the owners of the property upon which these fences stand. ““We_will not go after those who erected them just now, but we will go after the owners of the ground, and that will give them and others to understend that they cannot allow the use of their land for vio- lations of the law. We have the list of such owners in the office, but I cannot re- member the names. From that the war- rants will be prepared to-morrow.” The Chief stated, further, that he had no doubt that some of the property-owners had been misinformed as to the law, but that the only way to put a stop to further violations of this character was to prose- cute those who are to blame. ——————————— Pea and Shell Workers. George Williams, alias “Cockney,” a sure- thing man, was booked at the City Prison last night by Detectives Cody and Graham on the charge of grand larceny. Last Friday Fred G. Hermann, traveler for a Chicago beerhouse, who is a guest at the Palace Hotel, went to the Clift House to sce the sights. Willlams got talking to him and was joined by two of his “pals.” They began the pea and shell game and wanted Hermann to make a guess, but he refused. Then they annoyed him by l\lsx'lb ing he had no money. He foolishly puiled $65 out of his pocket aad Williams grabbed it out of his hand and disappeared. MR, DEUPREY'S SICKNESS, The Durrant Trial Postponed Till Next Monday Morn- ing. JUDGE THOMPSON'S SPEECH. The Leading Courisel for the De- fendant Unable to Appear in Court. The Durrant case has gone over until next Monday morning. Mr. Deuprey is still suffering from the attack of rheuma- tism which has confined him to his bed for some days past, and the case was continued for a week in the hope that he will then be ready to take his place. There were not very many people anxious to get into the courtroom yesterday morn- ing, for it was pretty well understood that there would be but very little done, even if the case did go over. There was a suf- ficient number present to fill the court- room, however, and the attorneys and wit- nesses were all on hand. Judge Thompson opened the proceed- ings with the request for a continuance. Three times he started to rise before he ot to his feet, for it was his first speech in the case, and the dignity of the occasion was apparent. *“Your Honor,” he said, ‘I went to call upon Mr. Deuprey to secure an affidavit as to his condition. By some mischance, however, the stenographer has failed to furnish me with the affidavit I had pre- ared, and so I am unable to produce it, ut I will state the matter to the court. *“Mr. Deuprey, while not suffering intense pain, is congued to his bed, and it would be the height of imprudence for him to go out before Friday at least, and I think before the beginning of next week. Your Honor was good enough to say that in the ab- sence of Mr.Deuprey, there were two able attorneys still in court to conduct the case. That is a mistake, so far as I am con- cerned, for I know no more of criminal practice than most lawyers know of sur- gery. A mining man, used vo handling mining cases, cannot properly attend to a criminal action. When the case first opened I promised the parents of this de- fendant that I wounld select an able lawyer to lead in the case, and I selected Mr. Deu- prey, and your Honor knows how wise a selection I made. “I am not a criminal lawyer, and am simply acting as counsel in this case. I do not feel that it would be right to proceed without the presence of Mr. Deuprey, and in the name of justice I ask that the case go over. fYesterday he told me that he thought he would be in good enough health to proceed on Friday, but as there is no need of resuming on the last day of the week I move that the case be continued until next Monday.”’ District Attorney Barnes said that he visited Mr. Deuprey yesterday and found him quite ill. "He said he thought a wise course to pursue would be to grant a con- tinuance, so that Mr. Deuprey may be in court at the finish of the case. *‘Although I recognize that General Dickinson has borne the brunt of the case,’” said Mr. Barpes, “‘and is well able to carry it on to a conclusion, I think it better that the de- fendant should be fully represented by his counsel.” Judge Murphy then said he condoled with the jury at their long term of service, and he regretted keeping them away from business. He said that the trial had con- sumed an extranrdinary length of time, and that he was anxious to have it con- cluded. “It has been apparent to the court,”” con- tinued his Honor, “that Mr. Deuprey has been ill for some time, and from the ‘state- ment of Judge Thompson it appears he is leading counsel in the case. Sickness over- takes us all. Itisunfortunate. The de- fendant has the constitutional right of having his counsel present to look out for his interest and protect his rightsin the fullest manner. It appears that the de- fendant and his other counsel depend on Mr. Deuprey. I don’t know as it would be any error to refuse to grant this motion, but it would be refined cruelty. The de- lay is a hardship to the jury and it is ver unforturate that it should occur. I will rant the continuance until Monday next, BatT hereby notify counsel that they must be ready to proceed at that time with or without Mr. Deuprey.” Judge Murphy then ordered that the ex- amination of V{htness Lenihan should be concluded this morning, but as Mr. Dick- inson had ndt some essential letters i court, the matter went over. . NOT PARALYSIS. Attorney Deuprey Better — The Prosecution’s Rebuttal. Eugene N. Deuprey of connsel for the de- fense in the Durrant case was slightly bet- ter last evening. “There is no truth in the report that Mr. Deuprey has symptoms of a paralytic at- tack,” said Dr. Palmer, his physician, last evening. *I think there is a fair prospect that he may have recovered sufficiently by Monday to be able to appear in court, but I would not say there is any decided prob- ability.” Captain Lees is considerably put out that a continuance was granted and another week’s delay incurred. The trial has been so protracted that he believes it should have been proceeded with, in view of the possible serious illness or taking off of a juryman. ‘“‘General Dickinson is entirely compe- tent,” said he,"to conduct the defendant’s case without the aid of Mr. Deuprey. I think the trial should have proceeded.’ When the trial isresumed and the de- fense has submitted its case, the prosecu- tion will begin its rebuttal by calling Dr. Gilbert F. Graham to the stand to tell the story of his visit to Durrant at the City Prison, when, it is alleged, the defendant asked for his notes on Dr. Cheney’s lec- ture. J. S. Dunnigan will follow Dr. Gra- ham in corroboration, and then Dr. Glazer will take the stand to testify also to the accused’s having secured notes of the lec- ture from him. Dr. Glazer has already tes- tified that Durrant quizzed them on Dr. Cheney’s lecture April 10 ostensibly for the purpose of perfecting his own notes. Miss Carrie Cunningham, the reporter; will be the next witness. She claims to bave secured a confession from Durrant that he heard noises in the beliry while he Wwas repairingj the sunburners, and that upon going to the second landing he had found Blanche Lamont dead, and her murderers in the room. Miss ,Cunning- ham also claims Durrant told “her of a statement he had prepared in which he names the perpetrators of the crime. That she will testify Durrant affects to disbe- lieve as do his attorneys. Following Miss Cunningham, Clarence Wolfe and C. A. Dukes will be called to testify to having met Durrant at the ferry the day he says he went there to watch for Blanche Lamont. They will say he tol®| them he was there to meet some members of the signal corps. Adolph Hobe will be called to testify also to having seen Dur- rant at the ferry at that time, and that he saw the accused in the company. of a lady, resembling the description of Minnie Wil- liams, awaiting for a car at the turn-table of the Howard-street line. This is the prosecution’s case in rebuttal as at present outlined, but Harry E. Snook and a few other witnesses will be sand- wiched in or added to the list as best suits expedieney. —_— SAYS THERE WAS FRAUD, D. G. Reid Tells How the Rail- road Got Gold-Producing Lands. Men Swore That Mineral Sectionsg in Trinity County Were Agricultural. In connection with the so-called mineral land controversy pending between all rail- roads having land grantsin this State and the California Miners’ Association D. G. Reid, one of the delegates from Trinity County to the Miners’ convention in this City, relates an interesting story (in elab- oration of his statement of yesterday) of the manner and means the California and Oregon Railroad Company employed to have sections of land lying in the richest gold-producing sections of Trinity County declared non-mineral by having affidavits sworn to before Justice Philbrook by one | ‘Whiteside. In thespring of 1893 the railroad filed a list of lands lying outside the twenty-mile limit —that is the indemnity extension limit of ten miles additional to the original grant— covering Trinity County lands. 5 The odd-numbered sections of this in- demnity grant included the country sur- rounding_and portions of the mining towns of Weaverville, Douglas City, Dead- wood, Lewiston, Minersville and” Trinity Center. There being much patented mineral land in that vicinity, the Commissioner of the General Land Office directed the rail- road to furnish adaitional proof of the non- minerai character of the land before the lists should be approved. The railroad company first sent Mr. Hobbs through the district, and he ob- | tained some non-mineral affidavits from rex‘mtnble citizens in a regular manner. Mr. Hobbs left Trinity County, and in | & short time 2 man by the name of White- side, generallfl called “‘Beau” Whiteside, agpeared and began obtaining affidavits of the non-mineral character of certain sec- | tions from such men as Jerry Bennett and Phil Brown. Hughes & Paulsen, who own large tracts of mineral lands thereabouts, heard of these affidavits and employed Mr. Reid to see whether any had been filed on the section on which they had mining claims. Mr. Reid sent to the Redding Land Office and found that such an affidavit had been filed there. He then sent to Wash- ington and procured a copy of the affidavit of Phil Brown that the Hughes & Paul- sen land was non-mineral: he also secured a copy of the appointment of Brown as agent for the railroad, and then instituted acontest in the Redding Land Office, but was obliged to get the permission of the Land Commissioner to do that. At the time of the making of the Brown affidavit two men were gros ecting on the ground in question and had for nearly two months been finding gold in paying quan- tities at every({,lnce prospected. Part of the section had been worked every year for thirteen years as a mining claim. After instituting the contest Reid called on Brown to find out why he made the affidavit, and Brown stated to him that he (Brown) had not been on the land for fif- teen years, but that Philbrook, the Justice of the Peace before whom the affidavit had been made, told him that it was all right, and that Whiteside paid him (Brown) $5 for making it, and that he was willing to retract if they wanted him to—speaking of Hughes and Paulsen. Reid believes that the matter should be investigated by the United States courts to ascertain where these affidavits were made, and also to procure copies of them and see that those who have made these non- mineral affidavits be properly punished. B Between Here and Portland. The Southern Pacific Company has inaugu- rated & new service between this City and Portland, Or., to be known as the “San Fran. cisco and Portland Special.” A train com- posed of first and second class sleepers for the better accommodation of Portland and Puget Sound will run from this City on Monday next and every five days thereaffer. A correspond- ing train will leave Portland for this City on Friday, the 25th inst., end every five days |_nsumnia = [=] (= g Be (35 b Sk =1 (7] = (= > S &2 Women's Ills F Cures—the it contains a purifier. Weak Backs T DR, HENLEY'S CELERY, BEEF AND IRON good LASTS. The reason is that system builder and a blood Nervousness it does nerve food, a W04 4344nS NOA 0T Vital Force thereafter. The rates will be: First-class, $205 second-class, $10, including sleepers in both instances. e Sam Will Be Deported. Lin Ah Sam, the Marysville Chinaman who ‘was arrested for being illegaliy in the country, was examined before United States Commis- sioner Heacock yesterday and ordered de- ported. It was shown that he had worked as a ook up to six months before his departure for the Orient, and the decision ot the Commis- sioner was based on a decision of the Supreme Court that no Chinaman was eligible to resi- dence where it was shown that he had occu- pied a menial position, even though at the game time he may have had an interest in a mercantile house. WORKING GIRLS. - WILLING, ABLE, AND AMBITIOUS, But Often Held Back by an Illness They do not Understand. (SPECIAL TO OUR LADY READERS.] A young and intelligent working-girl of Brooklyn, N.Y., graphically pictures the working-girl’s life, Day in and day out, month after month, she toils. She is the bread-winner of the family, and must work that others may live. Rain or shine, warm or cold, she must get to her place § of employment sharp on time. With the sun- shine and glad- ness all crushed out of her life, she goes on un- til she falls. Oh! this pics . tures only one of thousands. Some work in cramped positions, but the great ma- jority of working girls, so to speak, live on their feet. Among the latter the symptoms of female diseases are early manifested by weak and aching backs, pains in the lower limbs and lower part of the stom- ach. The ‘““monthly period” is irregu- lar: with some profuse, with others a cessation. The sure symptom, leucor- rheea, is present, and with faintness, weakness, loss of appetite and sleep. She may be sure thata womb trouble assails her. for aid. & Miss Mary Smylie, of 2078 Susque- Kensington, Philadel- She knows not where to go hanna Avenue, phia, Pa., urges herfellowwork- ing-girlstohave faith in Lydia E. Pinkham’s Vegetable Compound. She says: “I am a working- girl, and must stand eleven hours every. day. I have suffered terri- bly from pain- ful menstrua- tion and kidney trouble; and my head was so dizzy I could hardly see. I began to take your Lydia Pinkham’s Compound some time ago.. It was highly recommended to me by a friend. Now I feel like a different girl: no more aches and pains. I am praising it to every ‘one. Our Druggist sells lots of it. CURES MADE by electriclty are PER- B A . Get an Elec- tric Belt, and -be sure to get a good one while you are about it. Try DR. PIERCE & SON, 704 Sacramento street, corner Kearny, San Fraucisco. Estab- hed 1875. B De- riptive pamplet free. AUCTION SALES. THURSDAY ... At 12 . Sharp by VON RHEIN & (0, At Salesroom, 513 California St. OCT. 24TH. Cor. Washington and Devisadero; Rent 8105 27:814x110; 2218 Devisadero. SE. cor. of Wash inzton; nandsome modern Queen Anne residence; leased until August, 1898, to H. A. Willlams Esg ; tenant pays water. Oak-St. Modern Dwelling. 26x140, widening in_rear to 32:6; 904 Oak st., between Pierce and Scoit; 2-story bay-window house; 10 rooms and bath. ‘Washington-st. Residence and Flats. 50x127:814—3116 and 3118 Washinaton st., bet, Baker von: 2 handsome residences: adapted for one family each, or for flats; owner about Lo leave the State. Golden Gate-ave. Lot. 187:6—South line of Golden Gate ave., 6 E. of Broderick. 17th, West of Guerrero, in 1 or 3 Lots. 76x115 to 137:6; depth irregular; with China washhouse; 528 17th st.: rent $26; will be sold in 1or 3lots, (o close an estate. Pacific, West of Leavenworth. 45x65: in 1 or 2 lots: 1329-1381 Pacific, bet. Leavenworth and Hyde: if sold in two pieces thers will be 30x85 with house, and 15x65 vacant. O’Farrell, Near Hyde. 23x90—727 O'Farrell. ber. Hyde and Larkin; & downtown locality which will soon be in demand for the best class of retail business. Ellis, Near Taylor. 27:6x137:6—315 Eilis, west of Taylor; 2-story 15-room house; only 3 biocks from Market st. ‘Webster-Street Corner, Rents 27:8x81:3—SW. cor. Webster and Wildey, bet. Bush and Pine: Z.story and basement house on corner and cottage on Wildey. Waller, Through to Germania. 25x120—S. line of Waller: 81 3.12 E. of Steiner; Waller st. lot unimproved, but 2 fiats on Germania; rent $23; streets accepted. Leavenworth-Street Corner, 1-5 Rest 6 Per Cent. 40x97:6—981 Lombard, SE. cor. of Leavenworth; a new bay-window cottage; 8 rooms and bath; one- fifth cash; remainder at buyer's option at 8 per cent. Sunny-Belt Residence and Grounds. 55x188—210 San Jose avenue, bet. 24th and 25th, half & block west of Valencia; unusually wide street; accepted: In a block of fine residences; among them those of J. K. Prior Esq., and Rich- ard Gray Esq., Traffic Manager S. P. K. R. Co. Natoma, bet. 1st and 2d—Rent $35. 35x75—52 Natoma: a hotel of 26 rooms; rent reduced to §35; has been occupled by present tenant for 10 years. Russ-Street House and Stable—Rent $30. 25x100—20 Russ,off Howazd, near 6th, rent $30; tenant pays water; 10-room house and stable; street accepted. Shipley Street—Rent $34. 25x75—122 Shipley, ber. 5th and 6th: front and rear house; renis §34; to besold to close an Cash, Impure Blood | estate. 124-126 Welsh St.; Rent $40. 26x75; 124-126 Welsh st., off 4th,sbet. Bwyant nd Brannan: 4 flats; rent $40.