The San Francisco Call. Newspaper, November 3, 1895, Page 9

THE SAN FRANCISCO CALL, SUNDAY, NOVEMBER 3, 1395 9 his educational advantages. But she had never doubted his piety. Maude Lamont goes home the latter part of this week. The girl is gratified that her sister’s muraerer is to die. “We will have nothing to do with the Williams case,” she said, when that mat- ter came up for discussion. *“We are not actively interested in it and have no part in the prosecution.’” S A e THE PASTOR’S FEELING. Rev. J. George Gibson Expresses Himself by Deputy. Rev. J. George Gibson still refuses to discuss the Durrant case directly with re- porters. He talks about everything else, but when he was asked about the verdict he smiled in a friendly but deprecating way and declined to a: er. “T'm sorry I can’t give you an interview now,” he said. “But Mr. Lynch isout. And everything about the Durrant case comes through Mr. Lynch you know. But if you will give me an idea of what vou wanted to know, the martters you were curious about. I will let him know and then he wil! talk to you about them later—perhaps. The perhaps came after a pause. It in- dicated that Mr. Lynch might decide it best not to answer som stions. But when the young pasto ry was ter he was 1 n a few hours oke freely . Mr. Gibso! t in evidence at wever, represented the ideas, carefully weighed esirable idea stricken son’s feeling as to the ulted his paper. 1al feeling in the mat- he answered. ‘‘He has her the trial or the ver- He has never said a nt and I am sure he s conducted the trial,” he has been unfair or un- nany way it is the duty of the law- to repair the wrong, and they must <now the steps to be taken. Mr. Gibson bas never made a statement ing the guilt of Durrant. It would be out of place for him, as pastor, to speak ill of one of his parishioners now.” re you not pleased with the verdict?” was asked. Mr. Lynch was not prepared to answer this directly. Instead he said, reading from the notes taken in consaltation with his e s have been om has been hey have re- r trickery more o | and_has done t client than anythi that pt returning of the verdict by the indication from the charges made and by insinuation against him- [he verdict had nothing fo do with icating Dr. Gibson,” answered Mr. _*““He never really figured in the The insinuations of Mr. Deuprey not serious. If they had been, he have followed them up. Dr. Gibson considered the verdict in refer- himselt all. This case is too ereat and too terrible for personal feelings to be allowed to enter into the matter.” Mr. Lynch expressed ereat relief at the b of the trial being over. It had been his duty to follow the case closely, taking . Gibson’s place, in order that hi ployer might not be diverted from h nions and his church work. This had ated his daily attendance at the The result of his labors was a slight n osition. This, however, had not prevented him from performing his duties as Dr. Gibson’s mouthpiece. ety DURRANT’'S CELLMATE. What He Thinks of the Convicted Murderer of Blanche Lamont. Durrant was once more alone in his old eall, No. 29, last night. Up to 3:50 . M. erday he had enjoyed the companion- v of James Sargent in the latter's cell, - 27. Durrant and Sargent seemed to s the time pleasantly enough together. sargent is awaiting trial for the forgery of H. L. Middieton’s name to a $300 check on the Donohoe-Kelly Banking Company. At the time heis s to have committed the forgery he was employed by Mr. Mid- dleton as bookkeeper. His arrest occurred several weeks ajo. He is alittle taller that Durrant, equally as polite and only a little more communi- cative. It just seemed for a while yesterday as if Durrant and Sargent were possessed of an equal degree of caution, but after Durrant was placed back in his old cell Sargent felt to talk; that is. he talked of his own , but what he said of Durrant did not amount to much either one way or the d he would only talk of himself when assured that Tar CALL was not seeking to ke advantage of any unfortunate, and was not in the business of persecuting an; body or interfering with any prisoner's ch es. Then he told of the circum- s of the charge against himself and a of his past histo e and time again during the day he refused to say 2 word about Durrant, it 1n the evening he did go far enough to cay that Durrant was an agreeable com- long as company lasted. ant discuss the trial? According no. mit himself in any way? 1 the least, so Sargent said. All Sar- d say was what any ordinary ob- server might have said—that Durrant ap- peared to take things with cheerful philosophy »ed about ordinary mat- 1 ike other man; seemed just as an hopeful as ever, and was every bit as care- ful not to commit himself by a word or any manifestation of emotion. 3 What Sargent’s opinions might be of Durrant’s guilt or innocence he took polite care to keep to himself, and he can evade or decline to answer a question fully as gracefully and apologetically as Durrant. “I'm sure I am not able to say anything of interest about Mr. Durrant,”’ said Sargent last mizht. Al T can possibly say isthat he lay on that bunk and when he got ready he went to sleap. “Yes, we talked a liftle about one thing and another, but nothing of any particular interest. What we said any two men thrown by chance into the same place might have said—it was mostly small talk. I really did not have time enough to become thoroughly acquainted with Mr. Durrant. He seemed quite cheerful under the circumstances and was as agreeable as I could wish any man to be. 1 can’t possibly tell you anything of in- terest.” This was all. Even this much Sargent allowed himself to communicate only with reluctance, careful, however, not to offend his interrogator, but firm in his evident urpose not to say anything of damage to Burrant, : ity Once, for a few minutes, while this inter- view was in progress Durrant, put a small looking-glass out through the wicket of his celi—only two doors away—and held it so that he could see reflected in it the re- porter at Sargent’s wicket, and if possible the face of Sargent. Durrant is a genius and a jail 1s a school of mgenuity. x Before Durrant was put back into his old cell it was thoroughly searched by Deputy Jailer George Webb. Durrant’s fresco work cf columns and arches along the walls is still its main, feature of inter- est. Other than that it is the same as any other cell, with its bunk, shelves and clothes. A careful search was made of Durrant himself during the day—a search to the skin. A small watch,a pen and a quill toothpick were found on his person, but that was all. If Durrant should ever en- tertain suicidal intentionsfjhe is probably as well postad on the possinle ingenuity of suicide as any one with a medical student’s knowledge could be — perhaps a little more so. = He will be watched, however; that is, Chiesf J incidentally kept on him. But he does not seem to contemplate any self-injury. “Bennett, how do you spell surprise?” Durrant shouted to a prisoner across the corridors, who was looking dewn at him from an upstairs cell, And Bennett told him. Th'e word ‘‘surprise” has been in Dur- rant’s mouth irequently since Friday after- noom, and it was doubtless the prineipal c\ve?fd in the matter he was venningin the visited durin the day b; ev. J. = ming Smith, g ay by Rey. J. Cum. astor of the Trinity Presby- terian Church, and Rev. Herbert N. Bs\_vler,éms!or of the Memoria! Presby- terian Chi t urch. The two clergymen came in together and taiked for soine time ith him early in the afternoon. Dr. Smith has been a frequent visitor of Durant. Rev. J. George Gibson ot Church has never yet been to s e A JUROR’S STORY. How L J. Truman Felt and Acted While Trying the Case. “Judge Murphy did not order us locked up in aroom every night during the trial, and for that [ am truly thankful,” said I. J. Truman last evening, as he told of his personal experiences during the time he was a juror. ““All of my friends have been kind enough to me to express their com- miseration over the time I have lost and inconveniences I have been put to, but when I think that, had his Honor deemed it advisable, we all could have been locked up in a stuffy, ill-ventilated ven every night during the last three months, all my troubles become trivial in comparison. [ shudder to even contemplate the awful possibility. “But Honor, in his great wisdom, placed his fuaith in us, and I for one can say that h bt misplaced or ed to ave the ee him. abused. We courtroom and go out among our frien and reside at our homes with our families; and, aside from the restraint placed upon us regarding discuss one, Of cou 1t on just about the same “as usual. e I could not leave the City a y the end of the trial, when Attorney Deu- appear before us in an argument, I man- aged to get out of town and_run down on my ranch near Mountain View for a few hours. Aside from that, however, 1 have not been out of San Francisco since the trial began. *Of course s my business has suffered. The hours of the court and those of a business man are identical. I used to ¢ the janitor did in the morning. 1 madea vractice of getting up early—it always seemed just after midnight—and of catc ing one of the first cars downtown. By 7 o'clock I was as deep. business as I ordinaril “I worked steadily of 10, when my clertk had ordersto ¢ me for the court. It takes just that many minutes to reach the courtroom in City Hall from my office. I had my move- at 10. up to es 1 the time exactly. to get about fifty-five minutes for business again. After adjournment of the court at 4or 4:30 I usually returned and spent my time in the office until dark. Besides his mother and father he was | Emmanuel | ! j on of the case and the | interference with our business, my life, for | time s Jui , although at times 1t | seemed imperatively nec for me to do so. During the s’ ad- journment that we got, toward prey was trying to recover sufliciently to | down to my office before | rested in my | the | ments timed to the second and could gauge | Atnoon I would be able BIG CITY HOG RANCHES| Health Inspector Kinne's Work | Through South San Fran- cisco. DAIRIES ARE ALSO NUMEROUS. The Present Board of Health Bring to Light Many Evils of Long Standing. The Board of Health appear not to i be neglecting any detail which bears even remotely on the public health. Old ordinances, which have grown musty by virtue of not being enforced,are being overhauled, and special attention paid to them. g For instance there is an ordinance pro- hibiting the keeping of livestock for mar- ket purposes within certain limits. This act is known as order number 2468, and is amendatory to section 63 of order 1587. 1t reads as follows: No person or persons shali keep or cause to be kept any swine whatsoever, nor more than two cows, within that portion of the City and County of San Francisco bounded as follows: By Lyon street, the southerly line of the Presidio Reservation, Sixteenth avenue, D and Fulton Stanyan street, Frederiek street, Firs enth street extended westerly toJ street between First avenue and { Stanyan street; Stanyan sireet extended south- | erly to a point Where it would intersect Thir- | tieth street extended wester] Thirtieth street, Castro street, Southern Pacific Railroad, 10 & point where Crescent avenue, if extended westerly, would intersect the same; Crescent ndover street, Cortiand avenue, San Bruno avenue or road, Islais Creck and the !\\;llc:’fi of the bay irom Islais Creek to Lyon street, Provided, however, that any person who at | the date of the passage of this order possessed and kept more than two cows within the limits of the districts hereinafter stated shall be exempt from the provisions of this section until the expiration of nine months from the passage hereof, g0 wit: In the district | bounded by Cole and Frederick streeis and First avenue and Sixteenth street (projected | westerly), between First avenue and Stanyan street; Stanyan street projected southerly o a | point ®here it would intersect Thiriieth sirect, { projected wester, Thirtieth stree jected westerly, to intersection of Sta | street, projected southerly; Bellevue sireet, i Corbett and Ocean roads, Clara avenue and | the northerly line of San Miguel Ranc also | in the district bounded by the Southern Pa- { cific Railroad trects, Randall and Mission streets, Cortland a: North avenues, Norwich { and Folsom streets, Precita piace and Precita svenue, Colusa, Kansas and Napa streets; the waters of the bay, from Napa street to Islais Creck; San Bruno avenue or road, Cortland and Andover streets and_Crescent avenu tending westerly to the Southern Pacific Rail- road tracts, This order was passed November 9, 1891, by aunanimous vote of the Supervisors, but until now not the least attempt has been ms to enforce it. This careless- ness, oversight or whatever it may be called has resulted in the springing up of nearly 100 hog and cow ranches in that portion of the City lying contiguous to Rutchertown. There may be double that number in districts not yet canvassed. The owners of tk ranches are not only violating h S, but they are coun in feeding to their chers’ offal. So far ¢ hog-raisers, having a to- d on hand, bave been mnotified to move outside the limit The date fixed is November Th ranches are all located at Bay I did not make many social or busines: calls during the trial. "Wherever I did go, though, I found every one most thou ful and considerate, and, with the ex tion of Secretary McCoy, tioned the matter in my I have dropped in a almost invariably my Often friends, and sence created a minutes, 1- ion, however, and either withdrew or suggested some other topic of conversation. “Iread the pa regularly— { read everything of interest to me except the account of the case. Whenever my eve fell upon a headline containing the prohibited matter I of course skipped 1t or turned the page. The columns of matter | concerning the various plausible theorie: advanced, which did not come out in trial, I have not heard of until to-day. “¥or Durrant’s family I, in common | witk all the jurors, felt the greatest of v The dairies in the same district and | L ner, Indiana and Nevada ets, 110 cow. Charles Hawes, Connecticut and Sierra streets, eivhty cows. B. Denahay, 524 Indiana street, twelve cows. Thomas McKingut, Kentucky street, be- tween Buite and Napa, ten It is the purpose of the Boa to see that tk HWS. rd of Health order is obeyed in letter sympathy. Their grief, howeve be- | and spirit, though they have given the yond human consolation; and while we | ©VIEIS a reasonable time in which to move their establishments. Inspector Kinne contends that it would not be right to pounce upon the violators of the law with- sk i2 S A | ulill first giving them ample time to make | other arrangements, because they have A NEW WITNESS. | been allowed almost unlimited sway for { four years, many believing that they were well within their rights. He says, how- Minnie Williams Together at ever, that it is now well understood that | the Board of Health intend to enforce the Church Door. | = el : 2 aure ... levery ordinance affecting the public When the Minnie Williams case is triea | health and consequently all offending it is understood that District Attorney | parties, whether they receive formal notice Barnes will make much of the testimony | from the department or not, will be called to be given by Alexander Zenger, an engi- | \\)Istnwl‘:ll'\'w;l”ll after \(‘J\'(‘H]l:(‘r 2. Church. willingness to comply with the orders re- Zenger's home is at 12 Rondel place, and | cently issued. They are now preparing a on the night of April 12, he says, he called | request, which will be sent to the Super- on Charles W. Taber, at 630 Twenty-third | visors in a few days, in which they will street. He left Mr. Taber’s house at 8:30 | 8K that a culvert be constructed on Sec- r. ., and while walking along Bartleltfo“d avenue connecting that arm of the street, near the church, according to his | bay lying west of Railroad avenue with the 1 | bay proper. If the City grant this it is story, he noticed Durrant and Minnie Wil- | proposed to build an automatic gate at the liams standing at the side door of the | culvert on Railroad avenue just above church. | First, which will open when the tide Durrant contradicted this at the time of | comes in. On the ebb tide this gate will his arrest, saying that he did not see Min- | close, opening at the same time a similar nie Williams at all on April 12, nor for 3 hree weeks previous thereto. structure at_the Second-avenue culvert. Mr. Barnes will insist upon having the | By this simpie devi 1 the debris in the west arm of the wiil be washed out to Williams case tried as soon as possible. It is speculated generally that the defense were deeply conscious of this phase of the | affair it could not influence us in arriving | at a verdict.” i Alexander Zenger Saw Durrant and deep water, materiail benefiting the anitary condition of the entire City. The may ask for a change of venue, but there is | water from the Second-avenue culvert wiil no direct confirmation of this from Dur-|run immediately under the slaughter- rant’s attorn, as yet. houses, giving them a salt-water bath - every twelve hours. McCoy’s Fine Paid. Méat Inspector Davis has sworn out a H. J. McCoy, general secretary of the | w;:.rrnm ‘fan thfi arrest, of ]A\{[. Roi‘enburg. 2 i AR o who conducts a business on Howard street, Young Men's Christian Association, went | % CONGLAR L TGS on Liama Friday before the clerk of Judge Murphy’s court | afternoon Deputy Rivers saw Rosenberg yesterday and paid his fine of $250. | board the Tiburon ferry and he at once de- It will be remembered the court imposed | termined to follow him. On the other the fine for a remark made by Mr. McCoy | 3“‘; 0‘1“"3 tfi]’; ‘L‘gfl‘zml"h“dr get f°“|‘]' c“l;'"s % > and when anded on the San tor Juror Traman during the progress of | 4 ngisco shore Kivers seized thern.. Tap = L1 McUoydai | were found to be decidedly immature, be- you don’t hang that man we'll hang you.” | ing scarcely 2 weeks old. The other two It was not intended as a thrent, but asa | were up to the standard. Davis at once rather ponderous joke, and the court held | swore out a warrant for Rosenberg’s ar- him responsible. | rest, but up to a late hour last night it had McCoy is going to have the following | not been served. The Inspector says he framed and huug where it will warn him | wiil have the butcher in court on Monday not to joke with jurors: and, furthermore, will ask that he be given SAN FRa the full penalty of the law Reeeived from H.J 0, Nov. 2, 1895. Z g o 8 g g B g [se C. F. By Clerk. LR Attorney Deuprey Very lil. Eugene Deuprey, one of the attorneys in the Durrant case,is very ill. Ata late hour last night it was learned that his condition is so serious as to confine him to his bed. 2 A few days ago, in order to fulfill his duty to his client, he went to court and made an eloguent plea for Durrant’s life. The exertion was too great, and the re- action left him much worse than he was before. Two Coroner’s Verdicts. Two Coroner’s verdicts were returned yester- day. In the case of Hugh Hohingren, who shot himself on the sidewalk in front of Bi4 Kearny street on October 28, a verdict of sui- cide was rendered; and in the case of Fred Willinms, who died on the 28th of October {from injuries received in being run down by a accidental death was returned and Sperrowe relieved from all biame. EERER ST T VALUABLE improved property at auction next Thursday, 12 M. McAfee Bros., 108 Mont- gomery street. b4 To clean knives cut an end of a firm potato, dip into powdered knife brick, rub the blades briskly and the resuit will be ailex Sattler will see that an eye is | the disappearance of all gmina qud Tust. bicycle ridden by C. G.Sparrowe, a verdict of | WAS HELD fi{_u_unfimma The Australia Had to Await the Pleasure of the Board of Health. Ex-Queen Lilinokalani Has No Inten. tion of Buying an Italian Palace. The Oceanic Steamship Company’s Aus- tralia was held three hours in quarantine vesterday by Mr. Chalmers. Since Mayor Sutro’s threats and the Grand Jury in- vestigation the Quarantine Officer has de- cided to take no chances. Accordingly he called a meeting of the Board of Health and laid the ship’s papers before them. The Australia had aclean bill from the United States consulate, and Dr. Soule, the ship's surgeon, reported that there bhad not been acase of cholera reported while the vessel was in Homnolulu. In view of these facts the doctors decided to release the wmail boat, and three hours after arrival Captain Houdlette weighed anchor and made for the dock. The Australia is the last vessel from Ha- waii that wiil be held in quarantine. Hon- olulu has now been declared a clean port and the steamers that arrive from that point in future will be allowed to dock at once. “The cholera has been stamped out in a most effective manner,” said Dr. Soule, “and the Government cannot be given too much credit for the manner in which it handled the epidemic. The Occidental and Oriental Steamship Company persists in saying that the disease wasnot intro- duced into Hawaii by the Belgic's passen- gers, but I tell you it will take a great deal of talking on their part to make the Ha- waiian Government believe it. The true Asiatic cholera raged there, and if it did not come from the Belgic I would like to know how it gota foothold on the islands?” The cabin pa; on the Australia were: 28 Alves, W. N, . and two children, H. B. Baldwin, C. Dui- senberg, Mrs. M. D. Frear, J. H. Fisher, v and child, Miss M. Gore, Miss Knowles, Captain Matson, wife and’ child, Mi. . McCrea, E. C. Macfarlane, Mrs. Miss J. S. Parke, W. C. s, Mrs. Sauceds, F. A. Smith, F. B. Smith. : “When is the ex-Queen going to take up her residence in ltaly?”’ was asked of E. C. Macfarlane, a former office-holder under Liliuok: He replied: “Take up her residence in Italy! Ihave not heard any- thing about that.” 5 He was told of the dispatches from the East about the ex-Queen haying pur- chased an estate in Italy and going to live there. At thic Macfarlane laughed heart- ily and said: *“‘Queen Liliuokalani has barely enough money to support herself in Hawaii, and I would like to know where she could possibly raise funds to buy an estate in Italy. When sheascended the throne Mrs. Dominis was wealthy, but during her reign all her money went in keeping up the Government and assisting the natives. She is now a poor woman, and I don’t think the banks would advance her a cent on her belongings.” H. P. Baldwin, a sugar-planter, who also came up, says that business is de- pressed on the islands owing to the cholera scare. “Now that the disease has been stamped out, d he, in a cheerful tone, *things will pick up and Honolulu will be o ore. Mr. Baldwin, Lilivokalani Dr. Armstrong, Mrs, J. F. Brown According to a n, 1. is'a sick woman, and is thinking more of her health than of buying palaces in Italy. STONE WAMED 48 DEPUTY Superintendent of Schools Babcock Gives His Rival the Place. Many Ambitious to Fill the Vacant Chair on the Board of Edu. cation. Charles B. Stone, a member of the Boara Education, s been made Deputy Superintendent of Common Schools for this City and Count Mr. Stone’s appointme pected. It was part of the programme touching the advancement of Madison Babcock irom the position of Deputy Su- perintendent to the Superintendent’s chair. Mr. Babcock controlled the appoint- ment independeut of the Board of Educa- of 1t was not unex- s not nccessary that the Board of Education should confirm the appoint- ment. in all other cases where appoint- inents are made by the Suverintendent coufirmation by the board is compulsory. Mr. Stone was elected a member of the Board of Edncation at the last municipal election. His qualifications for his new ——_— Charles B. Stone, Deputy Superin- tendent of Schools. [From e photograph.j office are simply those of a business man. He is not a professional educator. Since his election to the Board of Lducation, however, he has given much thought and study to the public schools. He has been chairman of%ho Committee on Classifica- tion, and as such he has been brought directly in contact with the teaching force of the department. Superiniendent Babcock is averse to dis- cussing the prospective changes in the de- partment, There are many persons anxious to oc- cupy the seat in the Board of Education just vacated by Director Stone. Others \\']cr(- clamoring for Secretary Beanston's place. Charles W. Welsh, whom the late Super- intendent Moulder wanted appointed to the position of secretary, is the strongest candidate for the place. who supported Babcock for the superin- tendency are in favor of Lis appointment. Mr. Welsh, however, has not openly de- clared himself an aspirant for the position. As to who will succeed Stone as School Director. No one but the Superintendent, who has the oppointing power, seems to know and that official is silent on the sub- ject. T.V. Maxwell, who was on the Re- School Director at the ast election, is a candidate for the vacant chair. Dr. Deane, who was formerly a member of the board, would accept the piace if it were tendered him, E. J. Symmes and Frank J. French are also mentioned in the same connection. Deputy Superintendent Sfone entered upon the duties of his office yesterday. -—— Fublican ticket for Booker T. Washington, the well-known colored superintendent of the Tuskegee (Ala.) Normal and Industrial Institute for Colored People, has been again honorably recognized by the authorities of the At- lanta rixposition. He has been appointed a member of the Award Committee of Liberal Arts for the Department of Educa- tion, of which President Gilman ot John Hopking University is chairman. e Mrs. Priscilla_Bright McLaren of New- ington House, Edinburph, widow of Dun- can McLaren, and onl% surviving sister of John Bright, has just been the recipient of many congratulations and presents on the occasion of her eightieth birthday. . It is said that the sweeping of the streets of Paris costs about $1,340,000 a year. The pay ol a sweeper is about 7 cents an hour. The anniual cost of watering the streets is said to be about $400,000. . W. Ex1z & Co.. 401 California st., buy and sell U, 8. and other Bouds; also Stocks, . The Directors | FOR TEARING UP RAILS, The Sutter-Street Railroad Wants $25,000 From Ex-Mayor Ellert. RAKING OVER DEAD ASHES. A Big Suit for Damages Growing Out of the Old Bush-Street Franchise. The phantom car which at long inter- vals ran over the two streaks of rust which disfigure Bush street is to be dragged into court again. It comes this time with its owners, however, and serves as a cause of complaint against ex-Mayor Ellert in a suit for $25,000 damages. The suit is brought by the Sutter-street Railroad and is a measure of retaliation for the tearing up of the tracks. It wason November 11, 1893, when Mr. Ellert sallied forth with Mr. Ackerson, the Superin- tendent of Streets, and all the men who could handle a crowbar or draw rail spikes, and proceeded to pull the rails from the western end of Bash street, from Central avenue in toward the city. The Bush-street franchise had been in litigation for a number of years and every- body had grown tired of protesting, so when the Mayor issued a quiet call for men there was a ready response. The men worked with a will and before noon of the day on which they started there were two blocks of the track in ruins and the rails were nearly all carted down to the cor- poration yard. By that time the Sutter- street officials had been informed of the havoc which was being wroughton the outer end of its cherished possession on Bush street and pretty soon the phantom car appeared coming over the bill at a brisk trot—something unheard of in the history of the road. The car went as far as Webster sireet, for by that time the men had torn up the track to that point, and there it stayed. It would have been no trouble to unhitch the horses and attach them to the other end and so get the car back to the City, but it was clearly demonstrated to the directors of the Sutter-street road that such a thing was absolutely impossible from a legal standpoint, and so the cars and horses re- mained at the end of the line. Then an injunction was secured from the courrs, and the mien shouldered their tools and left the rails, which were merely a’ fran- chise and not a railroad, in the hands of the courts, It was this piece of street cleaning that brought the matter of the Bush-street fran- chise before the courts as a direct issue, and which has now caused a suit for dzmages to be filed against Mz. Eilert. The complaint alleges that on Novem- ber 11,1893, the defendant willfully tore up and carted away all that portion of the defendant’s tracks situated on Bush street between Webster and Central avenue, and thereby rendered the remaining part of the franchise on Bush street, and that part which was left on Central avenue, of no | value to the plaintiff. The franchise had previously been of no value to the public, for there was but a single track, but one car, and that made but one trip a day; it can easily be seen that the tearing up of the outer end of the road left the franchise of no value to any | one at all. The allegation is also made | that the horses were kept standing at the end of the line for two days, and the car also, and that the rails have been carted | away and have been applied to Mr. Ellcrt’s ;. own use, but whether as fence posts or as to Tt asks, however, for $25,000 dam- | | floor beams. the complaint neglects state. ages. | The Trouble Which Has Arisen With the Knights of Pythias. A Claim That the Mayor Is Not Enti- i the Hiht of burial, they have used it contin- | ously for ten years, and in section 3109 of the | Political Code the disposition of lots in the | (.‘}tg ts,‘emc!exy is left to the Board of Super- | visors. EXHIBITION PICTURES. Some of the Works by Foreign Art- ists That Are to Be Loaned. Active preparations are in progress at the Art Institute for the exhibition which opens on the 14th inst. The permanent exhibit is being relegated to rooms on the upper floor and increased accommodations for hanging pictures in the apartments on the first floor are being provided. The conservatory, which opens out of | the west drawing-room, is being fitted up | as a gallery. The glass has been boarded | over to the height of seven feet, and this screen will be covered over with burlap. The paint on the glass roof is being scraped off in order tbat there may be light from ahove, and reflectors are being placed | where they will show the pictures to the best advantage. The west conservatory communicates | with the upper conservatory by a winding | staircase; 1t also opens into the west | drawmt-yocm, so that throwing it open to | the public will add to the capabilities of | the mansion as a promenade in the even- | ings when concerts are held during the | exhibitions. i The large room to the northeast of the Art Institute, on the first floor, will be hung with the forty pictures by local art- | ists that are to be drawn for by members | of the Art Institute during the exhibition and that will be distribntea on the closing | day. Among these local exhibitors are: va Withrow, Maren Froelich, Otto Emer- son, G. Cadenasso, Neliie L. Treat, Mrs. Goodloe, J. H. E. Partington, Miss M. H. Ross, Miss A. B. Chittenden, A. Joullin, W. A. Coulter, L. P. Latimer, Hugo Fisher, William Keitn, Lou E. Wall, R.” D. Yelland, Henry Ras- chen, John nton, and others. Some of the ladies and gentlemen who have signified their intention of lending | | | | | | General Houghton, Irving ) | auri rictures by foreign and Eastern artists are: Isaac Upham, J. P. Pierce. J. C. Johnson, Scott, Mrs. J. 8. Hager, Louis Parrott, Mrs. Alice Scott Brown,( P. Huntington, James D. Phelan, Dr. L. Ba; Mrs. David Bixler, Charles R. Bishop, Mrs. E. Whitney, Mrs. Robert Sherwood, Mme, Ziska, icke, D). E. Josephi, Mré. Frank . D. Grant, Mrs Christian ' Re1s, rdgren. The pictures by non-resident artists in- “harles Webb How- . W. Farnham, Miss clude works by Weeks, Mlle. Berson, Longpre, Van ays, Mme. Dedrich, Jacc Humphry Moore, Moreland, Ver- oven, La Farge, Gutierrez, Nichol- son, Koldery, L. da Bois; portrait, Rem- brandt Peel, Sulley, Scheuyer, Gustave Dore and Vedder. s TuE PERCENTAGE oF Poor Eyes—Only one person in fifteen has both eyes in good condition, and in seven cases out of ten one eve, generally the right, is stronger than the other. It is found that justas people are right or left handed, so thev are Tight or left sighted, and while apparently looking with both eyes, they often really use only one. Out of twenty persons whose | eyes were tested by a German doctor, two only were found to be left-sighted. The reason of the greater strength generally possessed by the right eyeis not altogether understood, but probably the natural ten- dency to the greater use of the right side of the body has something to do with it. In using weapons, for instance, mankind have been taught to assume for ages atti- tudes in which the right hand and side have most exercise, and this discipline Las undoubtedly had its effect on the eye. 0Id sea captains, after long use of the tele- scowe, find their right eye much stronger than the left—the direct effect of exercise. This law is confirmed by the experience of If a person who has ears of equal hearing power has cause to use one ear more than the other for a long peridd the ear brought into requisition is found to be strengthened and the ear not used loses its | hearing in a corresponding degree. : Sere Lt Joseph Field of Middletown, N. ., is now 103 years old. P2 Our fire was Our stock of So numerous are the “S nowadays that it is difficult to distinguish ‘between the genuine and the spurious. NEW TO-DAY. ales” real—the adjust- ers of the Insurance Companies will testify to that. Men’s and Boys’ Clothing—brand new before the fire—damaged only slightly by smoke, we must sell at once to make room for new goods. Commencing to-morrow (Mon- day) we will place our entire damaged stock on sale at exactly 50 cents on the dollar. Come soon—the earlier ones will have much the better choice. UNION CLOTHING CO., 112-114-116 KEARNY STREET. tled to Use Any Portion of the Cemetery. Mayor Sutro will experience some diffi- culty if he should endeavor to run his road through the cemetery reservation be- longing to the Knights of Pythias. Inan interview the Mayor asserted that he could have brought his road to a completion a long time ago if he had not been met with opposition by these gentlemen. Charles L. Patten, attorney for the Knights of Pythias, gave his version of the story last | evening, as follows: About March 16, 1395, or a little prior there- to, Mr. Sutro attempted to tear down the fences and run a railroad through tne City Cémetery, which nad been granted in 1884 to the Knights of Pythias for burial purposes.. On March 16 the iraternal organization sued Sutroand his company to get an injunction. They gota temporary injunction forbidding the company | tolay tracks’ and operate a raiiroad through | that portion of the City Cemetery granted to the association. They aiso asked in the sait for a mandatory injunction commanding them to take up the tracks which had been laid prior to the serving of the injunction. The Sutro Railroad Company had ten days in which to answer the compliaint. Instead of | doing so they asked for further time from me, as the attorney for the association, and they were granted further time, from time to time, until September 30. They then filed a general demurrer, which was argued on the 11th of October and which was overruled by Judge Hunt on the 28th of October. The Sufro Rail- road Company now come before the Board of Supervisors asking for three months’ exten- sion to complete their road, saying that they are perfectly ready to run the road, but our in- junction prevents them from maintaining their (racks. They also claim in an interview in this morning’s Examiner that the Knights of Pythias have no right in the cemetery what- ever and that the railroad has a franchise to run the railroad through it. 3355 If that cleim was made in good faith it would seem a most startling proposition, they having been granted seven months’ time to file a de- murrer. 1f they wanted to dispose of the mat- ter they could have filed this within ten days, and they could have had the demurrer hear within two weeks oi the time the complaint was flled. The original franchise of the Sutro Railroad Comoany gave them the privilege to maintain and operate the siugle or double track street railroad aiong First eyenue by Clement street, and along Clement 1o a point at or near the east line of the City Cemetery [Teseryation; thence curving to the south and entering the City reservation to Th)n"»thhd avenue, or curving to the south from Clement street and entering private lands with the cou- sent of the owners thereoi to Thirty-third avenue. (N 59 7 Ml ) 2 ON(( ~ AW - AT F. L. SWEANY, M.D. 737 Market Street (Opposite Examiner Office). Dr. Sweany by his skill as a specialist has completely revolutionized the practice of medi- | vantages in his favor, natural ability, siudy, 0 e e o experience, and a mind devoted to his profes- Standing to-day as he does far in advance of | $10% Dr. Sweany should have achieved his any specialist or medfcal mstitution in the | SRVisble reputation for curing distressing and Is it any wonder that with all of these ad- country, his wonderful success and skill is the | outgrowth of several conditions by which alone | what he has done in San Francisco could be accomplished. First, the natural qualifications with which nature has endowed him, as evidenced by his keen perception into the mysteries of all dis eases with which those who epply to him are | afllicted. He is thus enabled to clearly distin- | T am informed that the owners of the corner lot ask $1500 for that privilege. Sutrocame to the conclusion that the Knights of Pytnias were without money and thought he could steal & portion of the City Cemetery. Asga matter of fact he could then and can now ob- tain lands from private owners at a very smail figure to enable him to maintain his road and finish it. In other words he could have fin- ished the roud before the time expired. The title to the Knights of Pythias Cemetery Assoclation to this plat is by grant made by the Board of Supervisors in 1884, Under that grant the Knights of Pythias entered into possession, and thereupon used it and have continuously done so for burial purposes. The Knights of Pythias claim the right to still use it for the same purposes. hie City Cemetery was setapart under order s&) of_the Board of Supervisors, and the con- firmation of the same was by act of Legisla- ture, 1867.08, for the purpose of & public ceme- tery. Li the Board of Supervisors can open a street through the City Cemetery by an ordi- nance and grant a {ranchise for a railroad, they could at auy time permit a franchise for & railroad through the Golden Gate Park or any of the publiC squares, if Sutry’s proposi- uon is maintained. The K. oi P. were granted \ guish the exact charsacter of the complaint and | to conceive the proper and most effective kind | of treatment for its entire cure. | Second, he is wholly devoted to his profes- sion, having no other desire for achievement | than to meke still grander the complete suc- | cess which he has thus far attained. His great | stability of character, his unceasing study and untiring energy to accomplish that which he | sets out to do, together with many more great | and noble qualities which one soon recognizes in him, ell serve to advauce him in his most i worthy ambition. { Third, his great advantages of study and ex- “ perience in the leading and best colleges and | nospials in the land, where he served in all | departments, and where his great natural ability wes acknowledged in all branches as being superior to his quite worthy but less suc- cessful associates, have all helped to assist him in his mork. obstinate cases which had been given up as incurable? Asyet no case of failure can be discovered against him, and such ability and skill to com- bat and conquerall diseases of men anG women have never beiore been demonstrated. The Doctor’s services are certainly of great | value, and if any one thing be woi th more than anything else it is certainly the scrvices of a competentand successful physician and special- 1st, who never loses sight of asingle case untila | perfect and permanent cure is effected. Those Who are afflicted should not waste time, money and health dosing with cheap treatments, cheap medicines and nostrums. The Doctor gives his services free of charge to the poor and worthy who call at his office every Friday afternoon, and many expressions of gratitude and praise go out daily irom the | poor as well as from those who have paid him | well for valuable and successful services ren- dered. Altogether Dr. Sweany as a man is truly upright, conscientious and charitable A8 & physician he is thoroughly competent, earnest and successful, and any and all persons who may be suffering from any human ail- wents whatever will do themselves great in- justice if they do not call upon him, even if their troubles have resisted a1l other efforts to cure. Hisoffice hours are from9 to 12 A. M and2to5and 7 to8 P. M, and on Sundays from 10:£0 12 A, M. only.