The San Francisco Call. Newspaper, November 6, 1895, Page 16

T HE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER 6, 1895 THE GREAT FAIR WILL CASE IS SETTLED, Goodfellow Consents to a Compromise. Trustee at Last OELRICHS' ENGINEERING Ironclad Trust Finally Broken and the Bequests Paid In Full THE TRUSTEES LOSE NOTHING. A Supreme Court Decision in the Walkerly Case Facilitated the Solution. There will be no Fair will contest. The estate is settled and divided and the prop- erty has passed into the hands of the vari- ous heirs. There is no longer a Fair will trust. The trustees have been paid for husband of one of the daughters of the | late Senator, came out to San Fraucisco from his New York home and set to work | zealously to arrange an amicable settle- ment between all the parties interested in | the Fair estate. He was entirely success- | ful in these efforts, even the person who | held out most strenuously against the arbitration, Attorney Goodfellow, being | finally induced to enter the compromise in view, chiefly, of the decision of the highest | court in the State in the Walkerley estate. | And we find, by reference to the newspa- per files oi that date, that the San Fran- cisto CALL was the first newspaper to give | the great and important news to a deeply interested public.” | The foregoing may or may not bea cor- rect quotation from history that has not yet been written. It is at least the truth. All the credit of the settlement belongs to Herman Oelrichs. W. S. Goodfellow was at last persuaded to settle the matter out of the courts through his fear that the Su- preme Court’s decision in the Walkerley | case was fatal to the contentions he should urge for the validity of the Fair trust. In | other words he was convinced that if the Walkerley trust was not valid in the eyes of | the Supreme Court the Fair trust would be held to be equally invalid. Mr. Oelrichs arrived in this City about three weeks ago. He came here with the express purpose in view of exercising all his powers of diplomacy toward an arbi- :S.GoooFELL ow THE FOUR J.S.ANGUS . TRUSTLES. their services and their work is over. W. S. Goodfellow gets about a quarter ofa million dollars and bhis fellow-trustees amounts proportionate to the commissions they would have earned had the trust been continued—less a percentage for cash pay- ments. Some court stenographers, many lawyers and nota few laymen, who had reason- able expectations of getting a finger into the rich pie, will be shocked at the news, and the disinterested public will be sur- prised at least. What promised to be an- mise. A probate case involving $40,000,000 and promising to employ the courts and attorneys interested for some years to come has been settled out of court. ‘Weeks ago there was some vague talk or rumor of a compromise, but at the time the talk ended in smoke and the rumor was emphatically denied. Now THE Carn is in a position to say knowingly and posi- tively that the Fair will trust 1s no more. The estate has been practically distributed, and the ex-trustees paid. The pencil will isa thing of the past. Future historians of San Francisco will write of the Fair estate something after this fashion: “James G. Yair died in San Francisco on the 28th of December, 1894. He was one of the early Californians, had been a TUnited States Senator and died possessed of what was in those days considered a great deal of wealth—an estate amounting to perhaps $40,000.000. Immediately after his death there was set on foot one of -the most gigantic probate litigations ever in- stituted in America—certainly the largest one that had up to that time come before the California courts. This litigation grew out of a will that was produced and filed for probate in which the entire estate was tied up in a trust, the destinies of which were to be managed by four trustees. “‘One of the terms of this will was that whichever of the three chief heirs should attempt to break its terms should be disinherited. But the son of the dead Senator, Charles L. Fair, decided to enter & contest, nevertheless, and as the first step in this contest, Reuben H. Lloyd, one of the most famous probate lawyers of this period, representing the sisters of Charles L. Fair, produced in court a holographic will of the late Senator, written in lead- pencil—now known in probate traditions as the pencil will. This document named the same chief heirs, the three children of the deceased, but named, instead of a trust, three executors. Charles Fair and his two sisters joined in asking that this will should be probated instead of the one pro- viding for the trust. “Now, while the case was pending in this fashion, the Supreme Court of Cali- fornia early in September of the year 1895, in the matter of the estate of William Walkerley, deceased, rendered a decision making void and invalid the trust sought to be created by this deceased. “A few weeks after this, in the latter part of the month of October, one Herman Oelrichs, a gentleman noted for his intel- ligence and common-sense faculties, the her cause celebre has ended in a compro- | tration of the greatest probate litigation ever inaugurated in this State. What his powers of diplomacy may be can be guessed forts. At one time there were nearly a 1 score of the most prominent attorneys in the State engaged in the famous case. When the legal battalions were drawn up in the Superior Court before Judge Slack, in the preliminary skirmishes of the great battle, the lines were drawn in about the following order: Jamwes . Budd, Georze A. K night, - For Charles L. Fair. | Charles tiegzerey Reuben 1. Llovd, ) For Mrs. Oelrichs and Vir- 5. Wheelér,) €inis Fair. Charles ). M. Delmas, .M. Shortridge, Garret McInerney for W. S. Goodfellow. William M. Pierson, ) p, Robert B. Mitchell, | FOF the Trustees. John A. Percy, for the brothers and sisters of Fair. G. R. B. Haes, for the Archbishop. Van R. Patérson, for the minor legatees. That Herman Oelrichs should have been able to win all these lawyers, not to speak }For Marc Levinaston. W. 8. Goodfellow, Louis Bresse, James S. from the success that has crowned his ef- | of the four trustees under the first will— released from his responsibility and there- fore consented to the compromise. It was the seventeenth clause in the will of the late Senator Fair whereby the ¢rust was created. It reads as follows: I do hereby nominate and appoint as the ex- ecutors of this, my will, and as the trustees thereby and therein created and declared, W. 8. Goodfellow of San Francisco, attorney nd eounselor at law; James S. Augus of San Francisco, now in my employ; Lonis C. Bres se, also of San Francisco, now in my employ, and Thomas G. Crothers, my nephew, and I do ex- pressly provide that no bond or bonds be at auy time required of them or any of them as such executors and trustees. 1 do hereby authorize and empower my said executors and trustees, or such of them as shall act, and their successors in office either in their capacity as executors or trustees, 10 sell any property of my estate, real or | personal, at public or private 'sale, and with or without notice, as they may determine, and without the order of any court, and to execute good and valid convey- ances thereof; also to invest and reinvest the proceeds of sales of property, and to purchase or acquire_other property, or apply the pro- ceeds or sales of property to the improvement of other property: also to lease property and t0 borrow or lend such sums of money &s they may deem best, and to secure the repayment of loans by mortgage ot other lien upon or transier of real or personal property; also to make compromises and settlements; also to maintain and keep in good order and con- dition my mausoleum _or vault in the Laurel Hill Cemetery 1n San Francisco, and for such | purposes and any other of thé purposes de- | clared in this will to use and apply so much of the trust estate as may be necessary. It was in passing upon the almost simi- lar conditions imposed by the Walkerley will that the Supreme Courtquoted section 771 of the Civil Code, which reads as follows: The suspension of all power to alienate the | subject of a trust, other than a power to | exchange it for other property to be held upon the same trust, or to sell it and reinvest the proceeds to be held upon tne same trust, is A suspension of the power of alienation within the meaning of section 715. Commenting upon the section the Su- preme Court says: It would seem as though all need of discus- sion were foreclosed as to the trust under con- sideration by the plain terms of the code as above set forth, yet because of the great value of the property involved, and the serious con- sequences which must follow to the interests of ndents, it would perhaps be unjust to this consideration without further am- cation. We will, therefore, discuss, as_far have been able to follow them, the prop- osition this trust. A perpetuity is any limitation or condition which may (not which will or must) take tion for a period bevond the continuence of lives in being, The absolute power of aliena- tion is equivalent to the power of conveying an absolute fee. Chaplin, Suspension of Alienation, section 64. The law against the suspension of the power of alienation applies to every ~kind of convey- | |ance and device. It applies to all | trusts, whether created by will or deed, | | whether providing for remainders or execu- | tory devises, or, as here, merely restraining ! | the power of alienation for e fixed period of | years, and then providing for sale with gift | | over.” In short, it *'co i | estates, interests, righ 1 | Chiaplin, Suspension of nation, section 2. | Says Perry: “A perpetuity will no more be | toierated when itis covered by a trust than | | when it displays itself undisgnised in the | | settlement of a legal estate” (Perry on Trusts, | | section 382), and section 771, Civil Code, is | but an enactment of this rule. | ery express trust, valid in its creation, | vests the whole estate in the trustees. The | beneficiaries take no estate or interest in the property, but may enforce_the performance of | the trust, (C. C., 863.). If this trust be not | valid in its creation the trustees would take no | estate, but neither would the ben, rles | | whose rights are depenaent upon the of the trust. If it be valid then the *‘whole | estate” v fn the trustees. The “whole | estate,” as_has been pointed out (Emburg v: Sheldon, 68 N. Y., 227), means the whole of such an estate as is ne | ance of the trust. { In the one under_consideration it embraces the whole legal and equitable estate which the testator enjoved, since no less would be sui- ficient to enable the trustees to carry out the First, to apply the income for y-five years (Sec, 857, C. C., Subd. 3), and econd, at the expiration of that time o sell | the property and dispose of the proceeds (Sec. 57, C. C., Subd. 1). The beneficiaries herein then take Do estate assuch, theirinterest being | the right to the enforcement of the trust. | But, if we understand the position of re- spondents, it is contended that the nephews and nieces take & future estate, which future estate is vested and is alienable, and that, therefore, it is & valid estate, since only those future interests are void which by possibility may unduly suspend the power of alienation. | Following this argument, and for this purpose | treating _the interest of the beneficiaries as a future interest or estate within the contemplation of the code (C. C., 716), it may be first suggested that all expec: tant estates, whether vested in interest or contingent with a vested right, or entirely contingent, pass by succession, will and tran fer like present estates and interests. C. C., 699, But the fact that such interests may pass unless there are persons in being who, by com: bining and conveying all their aistinct_inter- ests created by the original grant or devise, | can pass an_absolute interest in possession. Conceding that the future interest of the bene- ficiaries is vested in the sense in which remain- ders are spoken of as vesting, and that the i would thus be alienable, it still is not such an interest as would by transfer carry an absolute interest in possession. As is pointed out by the courtin Vanderpoel vs. Loew, 112 N. Y., 157, the vesting of an estate involves absolute o bility only so far as that pertic- ular estate is concerned. The fact that a given remainder is vested renders it absolutely alienable, so far as it 1s_itseli con- cerned, ‘but the absolute fee may et the same time be inalienable. Therefore, to convey this absolute interest in possession the beneficiaries would be compelled to unite with tneir conveyance thatof the trustees in whom the fee is vested. But the trustees can- not convey until the expiration of twenty-five Herman Oelrichs. Angus and Thomas G. Crothers—argues volumes for his tact and his aiplomacy. He found Mr. Goodfellow the hardest man of all to win over to the side of peace and settlement. Mr. Good- fellow at first took the ground, and with of the sponsibi respect for and lovalty to the dead mil- lionaire would not permit him to cast aside lightly, talked of, the stumbling block was the moral scruples of Mr. Goodfellow. Then the Supreme Court’s decision in the Walkerley case was handed down. After studying it carefully Mr. Goodfellow came to the conclusion that the ruling made his stewardship almost untenable, and that by its provisions—which would no doubt be repeated in 2 subsequent ruling on the same technicality—he felt ast estate, there wi Te great re- Highest of all in Leavening Power.— Latest U. S. Gov't Report oYal b= == Baking Powder ABSOLUTELY PURE much justice it would seem, that as the late Senator Fair had made him a trustee ies placed upon him that his ‘When the compromise was first years. An attempt by them to convey before that time would contravene the trust and be a void act (C. C., 870), and 50 even by this method of progression our path leads to that barrier of perpetuity which cannot be sur- mounted. It was the consideration of the foregoing and similar utterances of the Supreme Court that finally led Mr. Goodfellow to the conclusion that his loyalty to the dead Senator no longer required the existence of the trust created by the will. In the settlement which followed Mr. Goodfellow’s graceful abdication of the position originally maintained by him each of the four trustees received, if is un- derstood, an amount of money equivalent to the commissions they would have earned had the trust been maintained and all of the bflquflsts named in the so-called ‘‘stolen will"’ were paid in full. The lega- tees concerned were the following-named persons: Theresa A. Oelrichs, a daughter, aged 25 years; Herman Oelrichs, her husband, aged 45 years,'and Virginia Fair, a_daughter, aged 19 years, all residing in New York, and Charles L. Fair,a son,aged 27 years, residing in San Francisco. Mary Anderson, a sister; her kusband, James Anderson, and their four children, residing in 1da Grove, Towa. The children are: Margaret Jane Hall, Mary_ Eliza Lipton, William James ‘Anderson'and Thomas Andrew Anderson. Margaret J. Crothers, a sister; her husband, John Crothers of San Jose, and their nine children, who are named as follows: John James Crothers, Fannie Jane Graham, William Henry Crothers, Thomas Graham Crothers, George Edward Crothers. Mary Eliza Crothers, Charl Fair Crothers, Theresa Emma Crothers and Wesley Ellsworth Crothers. William Fair, & brother, his wife Rachel and their children, ali residing at Ida Grove, Iowa. The children 'are: Virginis, Emma, Evelina, James and John Fair. Edward Fair, a brother, his wife Martha and their children, Jemes Birney Fair and John Fair, of Newark, Alameda County, and Mrs, Margaret Lindsay, Mary Fair and Maud Fair, who reside in Ida Grove. Andrew Fair of San Jose, his wife Mary and their six children. The children are Willlam Fair of Pierson, Towa; Mary Eliza Erwin of Correctionville,'Woodbury County, Towa; Ed- wara Fair of Ireton, Iows; and Mrs. Annie Mayne, John Andrew Fair and James Fair of Sani Jose. The other devisees are: Mary Jane Lundy, & niece, residing in Wausheka, Plymouth County, Towa; James H. Fair, & _nephew, resid- ing inIda Grove, and James 8. Angus, aged 43 vears, Charles S. Stewart, aged 40 years, Herbert Clark, aged 31 years, and Louis C. Bresse, aged 33 yeors, all residing in San Fran- cis The settlement of the Fair estate will in no way interfere with the various projects set on foot by the millionaire at the time of his death. The North Eeach improve- ments will be pushed to completion as rapialy as possible. Just what the various attorneys engaged in the case received as fees would, doubtless, be interesting to kunow, but they decline to _tell, and, until the final decree of distribution is placed on file in the office of the Probate Clerk, only conjecture is possible. THE whole family kept well with Jaros Hye denic underwear. Morgan Bros, 229 Montgy. made by respondents in support of | 1 b ST e | came known, and in a day or so the Milk away or suspend the absolute power of eliena- | Ssary to the perform- | | does not relieve from the operation of the rule, | | [ | | | | | in DOCKERY SAYS HE WAS OFFERED HUSH-MOKEY Alleged Attempt to Corrupt the New Milk In- spector. SANDERS IS CONCERNED. Persons Charged With Attempt- ing to Act Through a Friend. HOW THE SCHEME WAS WORKED A Well-Known Attorney Accused by Sanders of Obtaining Money by False Pretenses. For several days past it has been whis- pered around the Board of Health Depart- ment at the City Hall that certain persons were endeavoring to corrupt Milk Inspec- tor Dockery. This rumor assumed definite shape yesterday, when those directly interested consented to talk about it. It seems that on or about October 19, Inspector Dockery came across a wagon belonging to J. Sanders of the Boston farm. A sample was promptly tested, and it fell below the standard named by the Board of Health. Insome mysterious way the knowledge that Dockery had secured a sample of milk from the Boston farm be- Inspector, Sanders and Dr. Creely were approached by various persons, the burden of their talk being money. F. A. Rood of the Can and Bottle Asso- ciation visited Dr. Creely, while Attorney Tobin of the firm of Tobin & Gleason divided his time between Sanders, the dairyman, and Dockery, the Milk Inspec- tor. Sanders hauded over $20 to Tobin, that gentleman giving the following re. ceipt: Ey SAN FrANCISCO, Oct. 29, 1895. Received from J. Sanders twent: 20) dol- lars for legal services rendered to date. TOBIN & GLEASON. Four days_before this, or on October 25, | Mr. Tobin called at the office of Sanders, and, finding that gentleman out, left the following note: Oct. 25, 1895. J. Sanders: 1leave this note to remind you of youragreement with me. If you wish me 10 guarantee that the matter wé spoke about will not be published to-morrow morning, you will call at my office this afternoon. TOBIN. It is not in evidence at the present time whether Sanders called as requested, bu it is apparent from that gentleman’s state- ment that on October 29 he paid Tobin $20, to be used in suppressing any notice in the daily papers concerning his dairy. The story from the beginning down to the | present time, including Rood’s connection with the case, is told in tae following in- terviews, they being placed in the order in which the evert happened: “On or about October 25 said Dr. Creely yesterday, “I was approached by Mr. Rood of the Can and Bottle Associa- tion. [ suppose he came to me because of my known friendliness to Dockery. “ I understand,” he said to me, ‘that Dockery has got Sanders of the Boston farm in a hole. Now, I don’t give a — for the fellow, but there is money in it, and there is no reason in the world why we can’t make $300 or $400.” *I made an evasive answer, saying that I would see him again. Ithen went for Dockery as fast as I courd. I said to him, “Be careful, Jim; they are already.trying to reach you with money.” I then told Dockery to notify the Board of Health of every move that was being made by them. I took it that Rood beirg from the Milk- men’s Association, and Sanders a member of the same organization, it was noth- ing less than a direct attempt at bribery.” Mr. Bockery, when seen at his house on Lloyd street Jast night, made the follow- ing statement: “I bad been informed by different parties that the milk supplied the St. Nicholas Hotel was of a very inferior quality. On Saturday evening, October 19, about 8:36 o'clock, T was at the City Hall making arrangements for another midnight raid the next night. On leaving the hall I met a reporter and an officer, and they walked as far as Hayesand Larkin streets with me. I noticed a milk wagon coming up the street,the reporter remarking, ‘There comes one of your friends,’ and suggested that I examine his milk. I aidn’t have my in- struments with me, but did have a couple of sample bottles. The dairyman drove up to the St. Nicholas Hotel, leaving all his cans there. I made myself known and secured a sample. *‘I returned to the hall in order that I might set the milk for cream and also to make a_test for butter fat. The results obtained by me were not satisfactory. The milk was below the standard, and, as in all other cases, I submitted the sample to the bacteriologist. On Tuesday morning Imet Mr. Tobin, who said to me, ‘I see you have taken a sample of Sanders’ milk,’ concluding by asking what the result was. 1 told him that I had made certain tests, but had not received the final analysis from Dr. Spencer. He said, ‘What did your test show?’. I answered that my test | showed the milk below the standard and if Spencer proved my test accurate I intended to have gandera arrested. “Tobin then asked me when I would know, and I answered possibly that even- ing. He then said to me: ‘In case you are to have him arrested, would you do me the favor to_withhold his name from the newspapers?’ “Itold him that I would, when he re- marked that he would like to have that sample—it would be worth considerable money. I smiled and said: ‘Yes, I think s0.” immediately called on Dr. Love- lace, told him all the circumstances con- nected with the case and asked his advice. He told me to see Dr. Morse, which I did, asking him if it would not be adyisable to refrain from issuing the wasrant for the arrest of Sanders until such time as I could thoroughly investigate the case. He said the matter was in my hands and to be careful.” *Toward the end of the week Creely came to me and said, ‘Be careful, Jim, they are already trying to reach you with money,” advising' me to immediately notify the memiers of the Board of Health. He then told me about the meet- ing with Rood and the latter’s statement that there was $300 or $400 in the case, and that we might as well wake up. “L did not take any action, but_waited for events to shape themselves. Matters finally assumed such shape that I con- cluded to swear out the warrant for the arrest of Sanders, which [ did. Sanders and his son then came to me and stated that Tobin had succeeded in extorting §20 from him, on the representation that the case had been squared. “In all probability warrants for the ar- rest of the offending parties will be sworn out by Sanders or some one to-day, charg- ing them wit obtaining money by false pretenses. Then many things will” prob- ably come to the surface which are not jast now plain.” A. N. Dethlefson makes the following statement concerning the case as far as he knows it: After the St. Nicholas Hotel milk: umgla ‘was taken Mr. Sanders called at the City Hail to ascertain from the Board of Health how the milk tested. While there he was accosted by Mr. Rood, special officer for the Can and Bottle Association, and this conversation occurred: “Well, s.‘nuers," m.lillltond‘,t ": aee. that g0t &t your milk, butif there is any- thing ?umm- t0 this I'll take you and intro- | | Mr. Sanders, Louis duce vou toa party who has great influence with Mr. Dockery and can quash this case for you and keep it out of the papers.” He then ‘took Sanders to Henry Tobin’s office, on City Hall avenue, and introduced him to Tobin. Immediately after explaining the case he departed, leaving Mr. Sanders in company with Mr. T¢bin. During the conversation that occurred there Mr. Tobin insinuated that Mr. Dockery, being & personal friend bf his, he could exer: cis tinfluence over him, and that in case the St. Nicholas milk testshould notcome up to the standard and Mr. Dockery should be inclined to prosecute the matter, he, for a cer- tain sum of money, to be paid to Mr. Dockery, could quash this case and stop its publication in the papers. As a matter of fact $20 was paid and a re- ceipt taken forit. The attorney, in order not to implicate himseli, worded his receipt “for legal services rendered to date.” A few daysafter the original conversation Mr. Tobin called st Mr. Sanders’ office to see him, and, not finding him in, left & note here threatening that if Mr. Sanders did not catl on him that evening at his office and fulfill his agreement he would not guarantee stoppage of publication. Mr. Sanders’ reputation having heretofore always been above reproach. and, feeling to & certainty that, so far as he knew, there was no truth in the matter, he did pay this sum of morey, for he was led by Mr. Tobin to believe that Mr. Dockery was a persecutor rather than & prosecutor. Rather than run the chance of any publicity of what he believed must be an untrue statément and injurious to his busi- ness, he readily fell into the trap set by Mr. Tobin. The milk of the Boston Farm Dairy is from Marin County, only from heelthy cows fed upon the natural pasturage of the country and upon hay, grain and bran. \We have never knowingly oifered for sale any diluted or im- pure milk and we are willing at any time to place our milk in direct competition with that furnished by any other dairy in the State. Young Louis Sanders corroborates the above statement and aads: Tobin came here to see my father about the 24th of October and he was not in. Tobin told me that this case had already cost him some $12 or $14 and if he didn’t get this money agreed upon he wouldn’t guarantee anything further. I told him, “Well, Mr. Tobin, we have always sold pure milk and we_have nothing to fear,” and I'did not care whether he had any- thing to do with the matter or not, and I thought it was only a bluff to get money. He remarked on leaving, “I'll see you again.” Isidor Rosencrantz, Sanders’ attorney, said last night that Sanders complained to him about two weeks ago that Rood and others were harassing him to an unbear- able degree about the milk test, and that Tobin had made a proposition to him for money. Rosencrartz advised Sanders aiter that notto pay any large amount, but to continue with small payments until Le could get well enough rcquainted to draw Tobin out gradually and learn the true cause of his attempts. Then the law- yer intended to spring the trap and ap- prehend the persons concerned. But his plans did not develop as he wished, for on one or, two subse%uent oceasions, when ‘Lobin went to Sanders’ office, presumably for additional payments, Sanders hap- pened to be in the country. It was on one of these visits thut the vounger Sanders bad the short talk with Tobin and let him depart without giving him any money. Rosencrantz expressed the opinion that in thus neglecting to encourage Tobin young Sanders had aroused bis suspi- cions, “for,” said Rosencrantz, “as old Sanders, Mr. Deth- lefson and I were coming out of the City Hall on the Larkin-street side yesterday aiternoon I noticed a nice-appearing young fellow take the old gentleman aside and hold a private conversation with him, and as as he was going he told Sanders to be sure to come over to the oftice. I asked Sanders who the man was, and he said it was Tobin’s partner and that they wanted him to come over to the office so that they could give back the $20, as they thought maybe they had not earned it."” UNDER TERRIBLE PRESSURE. Grave Consequences of Diving One Hun- dred and Sixty Feet. The steamer Alfonso XII, having on board ten boxes of gold coin, each box worth $30,000, struck on a rock and sank at Grand Canary, while on a voyage from Cardiz to Havana in 1886. It was ascertained that the specie was at a depth of 26.23 fathoms—160 feet—and grave doubts were entertained of the possi- bility of any diver being able to withstand the tremendous pressure incidental to such adepth, viz.: 67 pounds to every super- ficial square inch of his body. Experiments at this depth were made off Dartmouth, and two men, Lambert and ‘ressier, were found equal to the perilous task, dresses having been prevared which would remain water-tight at this great depth. An expedition was sent out by the Marine Insurance Company, the divers to receive a reward of 5 per cent or $2500 on each box recoverezr. Lambert got up seven and Tessier two. So terrible was the pressure that neither man could stay below for more than a few minutes and Lambert, some time after his return, suf- fered from chronic paralysis of the bowels, by which he was in many respect reduced to the hopeless condition of a babe in the cradle, Probably a tightly sealed kettle went down empty to the same depth would have been crushed flat. As it was the divers only succeeded in finding nine boxes out of the ten, $50,000 thus remaining below. A subsequent expedition went in search of this box, and the diver, after being down for twenty minutes, was hauled up only to die. Nota whit discouraged, an- other expedition went out with two divers from Germany. The first of these was promptly hauled up half dead, only to be sent ashore to the hospital raving mad; the other wentdown, but returned, declaring that no box was there. Whether he really got so far as the lazarette from which the boxes were taken is open to doubt. The pressure at such depths must be positively crushing. n the accounts of oneof the deep-sea dredging expeditions it is mentioned that when the trawl was raised irom a great depth the pressure proved to have been such as to crush together the wood of the trawlbeam so that the knots started out of it.—Boston Traveller. - ——— Stabbed by Assassins. James Murray, a boatman, living at 306 Fil- bert street, was attacked by five men about midnight at Union and Montgomery streets, He was stabbed in five places with a pocket- knife or dagger, and in one instance the weapon entered the abdomen, which wound may prove fatal. Alexander Rodriguez, a peddler, and Witliam Ryan, a_boxmaker, were arrested and detained at the City Prison pending devel- opments in Murray’s condition. ————— WEAR ordinary underwear,keep your cold ;wear Jaros hygienic underwear and lose it; nealt! and money saver. Morgan Bros., 229 Montg'y. ———————— To Meet Mr. Towne’s Successor. The new general manager of the Southern Pacific, J. Krutschnitt, is expected to arrive in this City at almost any day now. Assistant General Manager William G. Cutis, Geneon Superintendent J. A. Filmore and'sevéral other cials are now at Los Angeles to meet him on his way here from Houston, Tex. —————— Jaros hygienicunderwear ismade for intelligen people; others prefer cheap stuff and constant colds. Sense saves dollars. Morgan’s, 229 Montg, M s Sooe s An ornithologist has been inves gating the question of what hour in summer the commonest small birds wake up and sing. He states that the green finch is the earliest riser, as it pipes as early as half-past 1 in the morning, the blackcap beginning at about hali-past 2. It is nearly 4 o’clock and the sun 1s well above the horizon be- fore the first real songster appears in the person of the blackbird. ——————— AvLL doctors don’t prescribe the same medi- cine; all good doctors recommend Jaros hygi- enicunderwear. Morgan Bros., 239 Montgry. " Thomas Courtney, a wealthy farmer of Viedersburg, Ind., has been married to his present wife four times and divorced three times. His wife is now after another di- vorce. NEW AY—DRY GOODS. FRENH DRESS G00DS DEPARTMENT! During the past week we have recei\{ed direct from FRANCE an immense ship- ment of the very LATEST NOVELTIES in FRENCH DRESS FABRICS and invite an early inspection of the varied styles now on exhibition. Novelty French Boucles. Novelty French Crepons. Novelty French Bourette. Novelty French Mohairs. Novelty French Cheviots. Novelty French Plaids. Novelty French Diagonals. The above goods are in the very latest colorings and effects and are from the best French manufacturers. The designs are exclusive and not to be found elsewhere in this country. CCs, QQRPORAtt 78 5 ¢ 1892. 111, 113, 115, 117, 119, 121 POST STREET. RHEUMATISM, Sciatica, Lumbago, Lame Back and all pains and aches are traced to their source and driven from the body by There may be cheaper Belts, but When you buy an applianceto Re= store ‘Health you don’t want a toy. there are none as good. ‘Whatever the cause, or wherever it lies, Dr. Sanden’s Electric Belt wil! follow the course of rheumatic pains and find the seat of the trouble. Then it will drive it out of the body for good. Electricity, in its subtle way, strengthens the circulation, adds to the vital force and removes the cause of all pains and aches from the body. Dr. Sanden’s Belt is the most perfect means of applying it. DR. SANDEN'S BELT CURED HIM. Helene, Lincoln County, Nev., June 13. DR. A. T. SANDEN—Dear Sir: I have suffered for years with rheumatism, but now can truthfully say that I am a perfectly healthy man'from the use of your belt. have used all kindss of medicines, but never received any benetit from their use. I will recommend your Belt to all sufferers and wish both youand your wonderful EP pliances success. Yours truly, GEORGE TON. Helene, Lincoln County, Nev. Such letters mean a great deal to a sufferer undecided as to where to look for aid, They mean that others have been cured. Why notyou? Get the book, “Three Classes of Men.” Ithas hundreds of them and full information. SANDEN ELECTRIC CO., 632 MARKET ST., OPPOSITE PALACE HOTEL, SAN FRANCISCO. 3 Office Hours--8 to 6; evenings, 7 to 8:30. Portland, Oregon, Office, 255 Washington Street. g [JRURRDESLEAKS KUMYSS Cal. Rooflng and Repairing Co,, Room 30, Chronicle Building. cCUoURES — DYSPEPSIA. gt s v .. Telephone, Main 5502, | European plan. s 50¢ 1o $1 50 : 119 Powell Street. freo b NEW WESTERN MHOTEL. to $8 'k, $8 o $30 fosezee ek w3to 360, pur wonin; Toom; elevaior runs all night