The San Francisco Call. Newspaper, November 12, 1895, Page 5

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THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 12, 1895 MARVIN FREEMAN'S STARTLING ACCUSATIONS Replete With Charges of| Bribery and Intimi- dation. | MR. PLATT INVOLVED. Indirectly Alleged to Have Tam- pered With the Federal Grand Jury. COUNTER AFFIDAVITS FILED. Ruling Against the Recalcitrant Wit. | ness, but He Will Refuse to Testify. Judge McKenna of the United States Circuit Court ruled yesterday that Marvin L. Freeman must answer the questions | that have been or may be put to him by | counsel for the Westinghouse Company in the Freeman-Westinghouse hearin now pending before United States Com- | missicner Heacock. This ruling was not | | come to this City, Boone proceeded to read 1 | the history of the past. | about the 10th | deposition so as to make his testimony fa- | | paid and protected from all eriminal proceed- sioner of Patents had no authority on this question, as was claimea by Attorney Soone. Then in substantiation of the claim that threats and offers of money had in- fluenced Witness Marvin L. Freeman to an affidavit made by Marvin L. Freeman, in which attempts to bribe and threats to kill were made with startling detail. Excerpts from it follow: Some ten years ago, through an indiscretion, | I beeame involved in en escapade between two women, one of whom preterred rges of a serious’ nature and of such a_character as to make it desirable that the matter rest within __For more than two years past I have resided Lake City and won the respectof my employers and those with whorm I associated. 1he affidavit then recites that Warren | P. Freeman arrived in Salt Lake City | of October, 1595, and en- | deavored to induce affiant'to change bis | vorable to the Westinghous On this point the affidavit reads Company. | Westinghouse Company and 1o yet astart in life, and so far as A. H. is con- cerned, we don’t give a — what he does. If he don’t testify for us we will put him out of the way; we ain’t scared about him at all.”” At another point in the conversation I heard War- ren P, say: “f have agreed to do this thing for the Westinghouse people. and I am going 1o do itand T am going to do it if I wade through blood.” He also said: “Walter, you are a — fool that you don't come and join us. You have got ail out of the Fort Wayne people you can get, and you are a —— fool that you don't come over and join the Westinghouse Com- pany, for there is a barrel of money in it for you” All these many things acting upon my mind, I concluded that I would not testify before Commissioner Heacock at all, and I am thor- oughly convinced thatif Iam instrected by the court 1o testify, and thus an compelled to give testimony adverse to the Westinghouse Com- pany, my life will be in danger, and I have therefore made up mv mind thatrather than testify at_all T will suffer confinement in prison, as I believe 1 will be safer there than upon the streets. Attorney Boone, after he had concluded the reading of the affidavit, quoted from the Federal Reporter, to show that where a defendant or witness is induced to come from one district into another by deception for the purpose of serving aJegal process, such service is illegal. He therefore claimed that the court had no jurisdiction. Judge McKenna held there was nothing in the affidavit to show that the witness had been induced to cotae to this City from fel money enough He deliberately proposed that for a fized sum of money 1 would so alter my deposition | s to make it appear that I had been bribed to | testify in behalf of Walter K. Freeman. When I had pesitively refused to have any- thing to do with such proceedings, he threat- | ened to have me arrested and convicted of perjury, and in this conneetion he said that he would éxpose the secret of the past, and thus destroy the peace and happiness of my home. He promised that I would be handsomely ings if I would t as he wished 0, but thatif I did not the Westinghouse company | would spend thousands of dollars to convict me of perjury, whether I had committed itor not. Affiant then avers that in_pursuance, as he believed, of his threats Warren P. Free- man caused a subpoena to be issued and JOEN L. | | | BOONE. ade, however, before a most sensational ad been filed on behali of Marvin 1 reeman by John L. Boone, his attor- As the result of the ruling there promises to bea dramatic scene, similar to the sent ing of Grand Juror Summer- ves, before Judge McKenna to-day, for s understocd that the recalcitrant wit- 1 remain obdurate and refuse to Should he do so he will be liable to punishment for contempt of court. As afi der the circumstances would have little effect, imprisonment would be the portion of the witness. Then would un- doubtedly come ha corpus proceed- in the United States Circuit Court of sult will not be at all a surprise tness or e directly connected the witness himseif s published in THE in a dilemma from i no possibility of ex- out serious results. be made osition in t vention for ty, which was ter K. Free- of electri rother, W iff in the interference case ist the Westinghouse Company. Sub- juently, he claims, he was induced to ason of threats and to make a dep or of the defendant company. But aiter his arrival here he met his brother, Iter and then decided to stand by his first deposition, which he now insists is the truth. He further claims that since his las nge of heart became known. to defendant’s counsel he has been threatened with death or arrest for perjury if he did not testify in favor of the ~defendant. These threats, he asserts, were made by another of his brothers, Warren P. Free- man, acting as an agent of the Westing- house people. Should he, on the other | band, testify in favor of the Westinghouse | peovle he would, he alleges, be actually committing perjury and lay kimself open | to arrest and punishment for that offense by Walter K. Under these circumstances he sought advice of counsel and is determined not to testify at all, but even this course is big with promise of placing him behind prison bars. | In the matter heard before Judge Mec- | Kenna yesterday, the Westingnouse Com- | was represented by an additional | [ oal iatender I the parton of Joseph Campbell of the law firm of Reddy, Camp- | e 1 bell & Metson of this City. The other counsel for tne defense are H. L. Mack: ‘of New York and Horace Platt of th: City. The counsel for plaintiff, Walter K. ¥reeman, is J. B. Church of Washington, and the witness, Marvin L. Freeman, was | represented by John L. Boone. ! Horace Plait opened the proceedings | 'nting a petition reciting the inc dents which Jed to the submission to Judge | McKenna of the question ati1ssue—whether | or not witness could be compelled to an- swer the question of defendant’s counsel | in the proceedings before Comm J;mwcfi. The petition concluded as fol- lows: Wherefore petitioner prays that a writ of | nent issue herein compelling said wit- | 1o appear in this court, and upon his said ssioner | appearance this court make an order ordering ] witness 1o answer said question, or be ied for contempt of court for his di ce of said order,and that uponu said ience o writ of attachment issue to said witness before this court to receive unishment as this court may direct. Two points were raised by Attorney Boone on Saturday as to why witness should not be compelled to testii One | was_that he had already at Chicago in April, 18395, covered the ground on which the defendant proposed to examine and t he could not again be examined there- on without the consent of the court, and the other was that having been brought within the jurisdiction of this district by | for the Westinghouse Company tho necossary means of threats and offers of money he :‘\,cuf“.lm‘ ins the patent, and I ha as not properly within the juriediction of e dourt. Attorney Boone argued briefly on the first point, and Judge McKenna cut him short by stating that the matter was too clear to him to require any argument and summarily decided that the witness could be again examined on the matters he had States’ Prison as | to anything.” room. 1 nand on my shoulder and said: already testified to, and that the Commis- | xknows a good thing; he is going to stick to the served upon him by the District Court of | Utah, commanding him to appear. as a ness in case of Freeman vs. The | inghouse Company. Afliant further statea that it became apparent to him that there was a plan on foot to disgrace him, and possibly send him to prison, and that he mace up his mind to come to San Fran- cisco to confer with his brother, Alexander H. Freeman, who, he believed, * familiar with more of the derviltry of War- ren P. Freeman and H Mackaye, who was then in Salt and pretended to be a resid time that Warren reeman and H. 8. Mackaye were in Salt Lake City I discov- ered that both of them were liars and un- worthy of belief.” Then he assert Warren P. Freeman and H. S. Mack told me many times thac if I would behalf of th ouse Company be given one-third of tastde for the Freeman, Alexar nt of that place. In the short P both stify in would en 0,000 that had b rpose of paying Wallace E. r H. Freeman and myself to testify in behalf of the Westinghouse Com- | pany. Alexander H. Freeman and myself both positively refused to change our former depo- sitions. H. S. Mackaye and Warren P. [re man th n began systematical threaten us with imprisonment or death if we refused to testify as they directed us to do. Wearren P. Freeman has threatened to shoot meif I did not testify for the Westinghouse Company, and I have hieard him on several oe- casions threaten to kill Alexander H. Freeman in_the following languag — you,you shall testify as I want you to or I will blow a hole through you. I will have no monkeying with this affair atall. Iam going to carry out my contract with the Westinghouse people if I “wade through blood.” And he has threat- ened me in almost the same language until finally I am in a state of mind that I'do not know what to do. Affiant then declares that an agreement was obtained from him and Alexander H. under false pretense: hich makes it ap- pear that they have contradicted the: former depositions. Then the affidavit re- cites that a plot was formed to ruin the reputation of J. B. Church, the attorney for Walter K. Freeman, by having him ar- rested for bribery. It is described as fol- lows: The scheme was to secure rooms at 15 Eddy street, the homs of Stella Watson, the fricnd of Warren P. Fieeman, and to invite Mr, Church to g0 for consultation with them. Alexander H. Freeman and myseli ta'ked it over and agreed with H. S.Mackaye to take part in it for the soie and only purpose of ascertaining io kn what extent H.S. Mackaye would go in his | conspiracy to prevent any person representing Walier K. Frecman appearing at the examina- on. | About the 29th of October, 1895, I was | served with a subpena o appear before the United States Grand Jury at 2 p. ovember | 1. After I had been satlon with Warren served 1 bad a conver- P. Freeman and H. S, Mackaye. Warren P. Freeman offered me, in addition to the $20,000, £10,000 in zold, in the following language:' “Marvin. the West- inghouse Company must win. We have got to break up Waiter’s case here, and if you will stify favorably before the Grand Jury for Mackeye and me, and give testimony favorab for the Westinghouse Company, I will give rou, in addition to the di 1 0f the $20,000. $10.000 in goid: and if you do not tes for | , by —-, L wiil blow « hole through you." | Mackaye said: “Marvin, the Westing- | use Company bhas made up its mind to carry this thing through, and if you do not | testify for us we will spend_all the mouey that is necessary, and we have it right here in San Francisco, to send you to State prison, and we | will bring ona lot of wi and send you up as sure as Christ. The next day or so 1 had a conversation with Wallace . Freeman, and he told me that the Federa! Grand Jury had been fixed, so that no indictments would be found against him, Warren P. Freeman, or H. S. Mackaye; that Horace Piatt bad arranged it. It is then related that afliant and War- ren P. Freeman met Walter K. Freeman on the evening of October 26 and all three entered the cafe in the Baldwin Hotel, and that a conversation began relating to Wallace’s perjuring hiwself before Com- missioner Heacock. An extraordinary in- terview is then described as follows: During the conversation I heard Warren P. say to Waiter: “Iamin the scheme for the money there is in it. T undertook to secure T 8- s from New York no hard fcelings in the matter atall. It i simply a_question of dollars and cents with me, and Wailace would be justas well off in he would be on the street. drunkard and don't amount Later we went to the billiard- He is & During the conversation Warren put his “Marvin | been i A Fiipello & w, Sait Lake by threats or offers of money, and ordered the witness to give testimony and answer the questions asked by counsel for the Westinghouse Company. Attorney Platt then asked that a writ of attachment issue againt the witness, but Judge McKenna said- that the request was premature, as the court had no right to as- sume that witness would now refuse to testify. If he did so refuse then the writ | would be issued. Attorney Platt then asked permission to file two counter aflidavits to that of Mar- vin L. Freeman. One was by H. 8. Mac- | kaye and the other by Warner P. Free- man. In that of H. S. Mackaye it is claimed that Marvin L. Freeman has admitted that his deposition given at Chicago was faise, and has signed an affidavit to that effect. It is denied that Marvin was in- duced to come to this City by offers of money or threats; and it is further al- that, after Marvin had made the ad- missions and signed the affidavit denying the truth of the statements in his former sition, deponent agreed to pay him $5 y and expenses as long as he was de- tained in San Francisco for being a witness in the case of Freeman vs. the Westington Company. Warren P. Freeman in his deposition states that he knew of his own knowledge that the Chicago deposition of Marvin was false and that he has simply endeavored to induce Marvin to tell the truth. He denied that offers of money or threats were at any time used by him to induce Marvin to come to San Francisco, or that any had made He also averred that Marvin hac iitted to him the falsity of his Chicago cestimony and had confessed that he had so testitied under the instruc- tion of Walter K. Freeman. In conclu- sion, Warren P. eman charged that M in would have testitied in favor of the Westinghouse Company if he had not been induced by intimidation or other improper influence by Walter K. not to so testif The hearing of the Freeman-Westing- house case will be resumed before Com- missioner Heacock this morning at 10:30 and from assertions made yes counsel for Marion L. Freeman, ill refuse to testifv. Then will probably come the contempt proceedings before Judge McKenna. Federal Grand Jury, was read by Attorney e, Mr. Platt appeared to be very much ed at what he afterward declared to v rd and nonsensical state- RAISED THEIR BID. Heirs to the Boyd Estate Secure an Order for the Resale of Some Property. Judge Seawell has ordered a resale of the property in aispute in the case of V. P. Juckiey against Isabella Boyd and others. A bid of 10 per cent more than the highest bid offered was submitted by the heirs in- terested in the property, and so the case has been reopened. The property consists of a 60-foot lot on Golden Gate avenue, and it was owned by | Elizabeth Boyd at the time of her death. She left the property to her children. Buckley obtained possession of the claim of one of the heirs to a one-third interest in the property and then commenced suit to have it sold. The highest Lid made was something over $19,000, and this the heirs have increased by per cent, making the amount over $20.000. Because of this bid the court has ordered a resale. The case is in court on the protest of the | remaining heirs to the saleof the property. s HOTEL ARRIVALS. GRAND HOTEL. J T Enos, Salinas P H Brooke, Cal © M Hatcher, San Jose F P Hodopp&w, Martinez Mosner, Portland W L Rulofson, ¢ ‘ogarty, Oakland T M Bedell, Woodland W J McCallum, Stockton J M Beadléy, Sunol T Sullivan, Cal J G Dunn, Portland CH Wood & w. W Va DrD Lesh, Los Angeles R J May, Bokersfield L J May, Somervilie , Portland G M Lacey, Nev. Cmaha Miss E Hayes, Omaha Omaha Lucy Haye:, Omaha kersfield J G Vorstman, Cal 4 2 docino E Harim; A G Larsen, Weaverville L Green, Petaluma C A Ewmerson, Cal T Cassidy, Woodland 3t Burnett. Woodland C M Kiniston, Stockton J Bruner. Mo J D Biddle, Hanford R Doner:y, Hanford G H Foster & son, Cal J H Pucher, Chicago J A Dusiin, Oakland R Westby, Benicia H Leibe & W, San Jose J H Campbell, Cal A Duprey, Arcata R'S Reed, Placerville Mrs H Malbery, Colusa PALACE HOTEL. R J flatch & w,Monticllo De W Hopper & wf, N Y H L Ward. Vi M H Gem, Santa Rosa F R Wells Vt J P Woodbury, Carson Mrs B Gatezert, Seattle ¥ P Spitz, New York J D Bicknell, Los Anzeles F MrsJ E Pjater &w,LosAn L Uhifelder, New York Mrs J T Averill, St Paut E L Doheny, Los Ang W W Foote, Oakland II B Eldredge, New York C W Willls & wi, Sacto W Brown & w. W S Leoke, Sacramento B M R M Carr, Stanford A Bierce atos S Vollman & w, N York J F Brown, Holllster ¥ Howard, Kansas City F Cummings. Alaska €J © Taylor. New York B J Fink, New York ¥ C Henderson and wife, J F Hellman & w, Chicgo Cambridge R C Rogers, Buffalo BALDWIN HOTEL. 8 Cox, San Jose Mrs E S Edwards, N Y rterson, N Y S Ash!n, St Louis Alexander St Louis E H Knupp, Los Angeles A Newberger,Baker City G B Hemmenway, Chico Abrams & , Hanford C M Clark, Jerome . Sacramento s M McIniyre, N York Woods, Los Angeles Foot, Red Wing, Minn Miss Hende M Turell, Boston J T Harmes, Sausalito Mrs T T Lane, Angels Cp H Pratt, Calistoza Stanley, N J Parr, NV H A Cripp, N Y Miss Goodale, N Y. G Klein, N Y B D Stewert & B W, Cln: 2 W Brown. San Jose W S Wright, AngeisCamp Camp! el Jr, Vallejo G W Phelps, Ukiah Hosmer, N Y C Fate, N Y Hume, N Y G CF Street, N Y G M McPike, Napa D Smitzer, San Jose f Murphy, San Jose T Cooper, Detroit mpie, Ripon, Wis W B Young, N Y TS Cobb, Kalumazoo & Hamsen. Sallnas L Livingston, S L Obispo RUSS MOUSE. W M Crummer, Idaho Mrs Wilton, Portland G Steiner, 3 Vail, Oregon J M Le Roy, ldaho D J Maher, D J Page, hav A Joues, P Hogan & w WAL y, C R ~cott, Portland C T McGlashan, Truckee H Levitt, Grass Valley ¥ A Gage, Oakland a Barb J T Bell, Monterey dero T, Bowman, San Jose <0 Jose A W Thoraton, Cal 1 de France, Denver Miss De Erance, Denver Holloway, Cal . I Tugalis, N ¥ Sgden cans, Winters acto C P Provins, 11} Spencer, Susanville DV Hershey, Woodland R Rhinhart, Loomis LICK HOUSE. W Green, Preston J Russ, Alameda A L Adams & w,S Rafael G B Katzenstein, Sac ¥J Keisel, Ogden ¥ Seregin, Cal H Steeie. 1'C Molloy, Cal LW Coe, Cal_* A Putnam, ‘Humboldt J A Shaw. Ferndale Mrs Burrell, Onkland Mrs Wrizht. Onkland M M Gragg, Monterey W I Perry, Los Angeles J E Ryan, Cal A W Jones, Monterey J Powell, Denver N'J Baldwin, Stoc Le 3 D W Cooke, jiclsevville J J Boyce & w,S Barbara T Albarda, Vacavilie ¥ M Righter, Cal NEW WESTERN BOT John Seitz, Denicia Mrs J Willfams, Petluma C Schweitzer. Alaska G J Nolan, Alaska £ M Burney, New Orleans GGrounchiedw, Sun Jose A K Hansen, San Jose Miss Davenport, N Y W G Gately, N ¥ M_Weiner & w.'N ¥ D Powers &'w, N Y J Baynice, Alexandria J A Thornton, St Louis A'B Hayes & w.0gden G 8 Berry, Lindsey [} K | When the reference to Horace Platt, in- | t he had tampered with the | W B Buckminster. Bostn | on, Sonoma | THE BAY DISTRICT RACES, The Betting Was Good, but For- tune Frowned on the Favorites. OREGON ECLIPSE A WINNER. Cabrillo Made Life Miserable for the Bookies by Winning at Lengthy 0Odds. Manager W. B. Sink of the Santa Anity stable was & spectator at the races yesterday. The vearlings owned by Burns & Waterhouse were shipped to the San Jose racetrack on Sun- day, where they will undergo kindergarten In- struction. The stable of Louis Ezell arrived at Ingleside track from Houston, Texas, on Sunday. Among thelot are the rare good performers Dungarven, Kamsin and Babe Murphy. The Palace Hotel stakes, one mile and a fur- ! long, will be the feature of the card the open- ing day of the new track at Ingleside. The programme for the first week’s running events will go 10 press to-day Marty Bergen, accompanied by his wife and children, aiso his brother ‘“Mike,” arrived from the East yesterday. Marty must have at once gone over to the new Ingleside course, for his friends looked for him in vain during the races. The Santa Anita staple horses came up from the Baldwin ranch on Sunday, and are snugly quartered at the Pacific Coast Jockey Club’s new course. The string consists of seven, the best of which are Arapahoe, Argentina and Ramiro. Jockey Si McLainearrived with them. W. C. Vreeland, the noted Eastern turf writer, who arrived in the City from New York | on Sunday, busied himself at the track yes- terday studying the crooks and angles of California racing. Mr. Vreeland is a very close student of form and his selections in the East- ern press provea remunerative investments for many a bettor. The ring was hard hit on the win of Cabrlllo, against which the pencilers started in to lay 30 to 1. Among the heavy winners by the St. Saviour colt's victory was Charlie Quinn, who was said to have cleaned up nearly $2000. R. Van Brunt, the owner of the horse, also Wore a very beaming countenance at the con- clusion of the race, which was taken as a pretty sure indication that he too attended the watermelon party. Yesterday it was Steeplechase Jockey Al Stan- ford’s day to give & very neat exhibition of his skill as a horseman. While taking the second | jump in the hurdie race Dick O’Malley stum- bled and dislodged Stanford from his seat in the saddle. In his flight through space over horse’s heaa Stanford managed to get a elson lock on Dick’s neck, and after hanging suspended in the air and narrowly missing being struck by the jumper's feet the clever rider managed (0 Tegain his seat in the saddle and ride the race out, finishing in the bunch. Thbe racers i arriving of the Eastern strings oXE reviving interest in the game, for | many new faces can be noted among the | “regulars” of late. Businessinthebening-} ring was good yesterday, and although | the bookies were touched up pretty hard | on one or two of the numbers on the card they wore a hopeful look on their faces at ! dusk. The track was still a trifle heavy, | which accounted for the very ordinary | time made in the different events. Favor- ites succeeded in hauling down but two purses. 3 Well handled by “Chip*’ Flynn, Nic Nac, the 214 to 1 favorite, was off third to a good start in the opening five-furlong dash, and gradually working to the front, won clev- erly by a length from the Little Flush filly, a 25 to 1 shot. The crowd now decided to string their coin with the Burns & Waterhouse stable and backed Goodwin I down from twos to | 4to 5, to win the next race over#ive fur- Jongs, in_short order. He was badly mussed about by C. Flynn shortly after the flag fell and was neyer a dangerous factor in the race. The heavily played Cabrillo, a 10 to 1 choice, with Burns up, lay second to Mt. Roy, another outsider, until the stretch was reached, where he assumed the lead and passed the wire a shifty winner by two lengths. Ross tobk the place from Mt. Roy by a head, with the favorite in fourth position. Backers had to accept short odds about Rosebud in the seven-furlong run, the | pencilers considering they were giving their wealth away when they laid 1 to Opposed to her were an 1nferior lot, possi- bly barring Charmion, who has not been berself for a long time, and the Tyrant mare had it all her own way. She was in front all the way, and won by two and a half lengths from imp. Ivy, who was a head before Charmion for second place. The enigmatical Fannie Louise dumped the talent hard in the mile selling event. It is difficult to make the men on the block believe that any favorite isa cinch with “Wizard” Hinrichs un, he plays in such hard luck, and they offered 7 10 10 against | the mare throughout the betting. Of the other five starters in the race Oregon | Eclipse was about the only one that carried | any money. There was considerable jockeying at the ost before the flag finally sent them away. | Jones set ot with Sleeping Child to make | a runaway race of it, but his horse bezan falling back soon after passing the half, The favorite won, took the lead, but onl momentarily, for Cash Sloane made his run with Oregon Eclinse, and heading the favorite came home an easy winner by a length. Happy Day made his usual | stretch run, finishing second, about three | lengths in front of Monita. The mile and a sixteenth hurdle race was considered a good thingfor old Cicero, who only runs through sufferance. Backed at 6 to5and even money Allmark could never get him within a block of the van. Soon Enough made a good showing, lead- ing until within a sixteenth from the wire, where Morgan G, the second choice, passed him and won by two lengths. Forty-fourth day, Monday, Weather fine; track falr. 995, EIEST RACE_Fite furlongs; two-year . olds; purse $250. Time, 1:031;. November 11. Ind. Horse, weight. jockey. t. 15 Str. Fin. (203)Nic Nac, 115 (C. Fiynm.. 8 34 2h 114 177 Lite Flush filly, 115 (Hiarichs) .5 16 1n 2 204 Jack Atkins, 115 (Hen- nessy).. 4 8 52 a3 196 Walter J, 118 (Shaw) " 8 71 315 414 196 Don 1o Pico, 118 (H. Tay- o or).... gttis 42 B Audemaire, 116 (L. Liovd) 6 973 9 ¢ 181 Von Dunk,111(Anderson) 1 ui® 7 78 204 Scimitar, 118 (C. Sloane).10 101 § 8§ 177 Corriente. 115 (Walker).. 9 615 61 9 1071 Leon L, 115 (1.Sloane)... 7 51310 10 Good start. Won driving. Winner, Burng & Waterhouse's ch. f., by Take Notice-Picnic. At Post 2d minntes. Betting: Nic Nac 214, Little Flush filly 20, Jack Atkins 12, Walter J 25, Scimitar 5, Audemaire 4, Don Plo Pico 25, Corriente 10, Leon L 5, 'OND RACE—FIve furlongs: sel s iny 226. Uireeyear-oids and up: poras §300"Shok! 1:01%. Ind. Horse. weight. jockey. St. Str. Fin. $69 Qabrillo, 99 (Burns) 4 S 12 223 ioss, 101 (Cheva ler).......5 314° %3 oh 198 Mc. Rov, 101 (Donneliy)."'2 1fip1n 310 210 Goodwia IT, 107 (C. Fiyan).3 8 ~gy 42 214 Selkirk, 104 (Rowan)....'8 54 43 53 141 Imp. Lolokalani, 105 (Bur: lingame). iRl g 191 Empress of Norfolk, 101 e [. Sloane) s1 B 991 Gypay Girl. 101 (Fiizzoraia) one o2 &0 Good start. Won handily. Winner, R, Brant’s b. c., by St. Saviour-mp. Lizsie. Hampion. se:ting: Cabrillo 8. Ross 5, Mt. Roy 10, trood. win JI 4to 5, felkirk 250, imp. Lol 2 Empress of Norfolk 7 to 2, Gyosy Girl 2{) THIRD RACE—Seven furlon, & § « mares and fillie: ulm&ynrofi purse $300. Time, 1:28%5. Bt. 14 Str. Fin. lokaluni 60, 250. Ind. Horse. welght. jockey. (168)Rosebud. 3. 104 (Hinrichs)2" 1215 15 1e14 211 Imp. Ivy, 4, 101 (Peoples).4 81~ 32 24 1306 Charmion, 5, 109 (Shaw)...5 § 42 3a (197)Mary S, 5,104 (T. Sloane).1 22 23 48 161 Josephine, 4, 101 (Chevas, Lier) 34 5 6 Good start. Won easily. Winner, Burns & Waterhouse's ch. £., by Tyrant-Rosemary. Betting: Rosebud 1 to 2, imp. Ivy 25, Charmion 20, Mary § 3, Josephine 20. ©9Q FOURTH RACE — One mile; sellin %«-Si three-year-olds and upward; purse $30f me, 1: 1nd. Horse, welght. jockez, St 3 Str. Fin. | 217 Crezon Eclipse, 3 SI0AN) =i o inscacio o383 18 1 188 Happy Dav, 105 (Mclniyre)s 6 6 23 208 Monita, 105 (1 Sloane)....6 86 43 3 217)Fannie : n- (217). x;‘ncr;‘:hx.nmse C a2t 23 4 218 Sleeping Child, 99(E.Jones)s 115 81 55 188 Lady Jane, 96 (Chevalier)..1 43 5! 6 Good start. Won handily. Winner, J. Robbins’ ch. &., by Joe Hooker-Lulu Rigus. Betiing: Oregon Eclipse 3, Happy Day 9, Monita 40, Fannie Lonise 7 to 10, Sieeping Child 12, Lady June 12, 9299, FIFTI RACE—One mile anda sixteenth: &&d. over four hurdles: selling: three-year-olds and up; purse $300. Time, 1:5543. Ind. Horse. weight, jockey. St. 14 Str. Fin. 215 Morgan G, 126 (J. Johnson)§ 25 26 12 80 Soon Enough, 120 (King)..2 11 13 2§ 224 Nellie G, 144 (Cairns) 4 a0 35 310 211 Cicero, 145 (Alimark)......3 6 6 45 202 Dick O'Malley, 142 (Stan- tord) .. 5 63 5 b2 (202)Barcaldive, 120 (Glover)...1 33 43 6 Good start. Won driving. Winner, J. Johnson’s br. g., by Joe Hooker-Bonita. Berting: Morgan G 14 to 5, Nellie G 6, Cicero 6 to 0, Dici caldine 1 Following is the list of the horses carded to start in to-day’s running events: First race, five-eighths of a mile, selling, non- winners in 1895. ss 94, Judge Tam 101, Elair 103, Canvasback 94, imp. Lady Splendor 103, Lolokalani 103, San’ Marcus 94, De Groat 103, R H 103, Lert Child 94. Secondfrace, five-eighths of a mile, selling, non-winners in 1895-Idn Sauer 101, Mt. Roy 103, Irma 101, Melisa 103, W. L. Munson 103, Rejected 94, Irene E 94, Skalkaho 94, Prince Hooker 97. Third race, about three-quarters of a mile, selling, light welter-weights—Moss Terry 126, Morven 129. Three Forks 126. Myron 121, Per- haps 110, Gold Bug 126, The Judge 129, May Jones 104. Fourth race, eleven-sixteenths of a mile, sell- ing—Tim Murphy 107, Contribution 105, De- tective 98, Fly 105, Hueneme 103, Miss Ruth 102, May Day 106, Hymn 109, Sir Richard 106. Fifth race, eleven-sixteenths of & mile, purse —Potentate 107, Stromboli 107, Ruyal Flush 112, Gussie 104, Thelma 104, Robin Hood I 107, imp. Autonom 107, Faro 107, Figlan 99, America 99, Miss Gentry 109, Prince 104, imp. Ivy 109. Sixth_race, a mile, selling—Navy Blue 101, Model 104, Duchess of Mil; Scott 101. A PROMINENT TURFMAN'S ARRIVAL. Joe Ullman, One of the Projectors of the New Racecourse, Here. Among the well-known arrivals in turf circles yesterday was Joc Ullman, one of the most popular of Western bookmalkers. Mr. Ullman is one of the projectors of and Soon Enough 7, Malley 30, Bar- | a stockholder in the new Ingleside track of the Pacific Coast Jockey Club. He has been laboring hard in the interests of the new organization, and reiterates what other Eastern turfmen have said, that ali the big stables and owners will be out here, and is sanguine the coming meeting will be a great success. A telegram was received by a prominent horseman last night stating that a number of well-known turfmen left New York on Monday bound for this City. Among them were George E. Smith (Pittsburg Phil), Dave Gideon, Riley Grannan and Ed Purser. The master reinsman, Orrin Hickok, was the cenfer of a group of horseman at the Palace Hotel last. evening relating some of his experiences in the recent summer campaign on the trotting circuit. His stable of trotters is now quartered at the Oakland racetrack, and among them is a chestnut thorough- bred yearling bred in Russia. John Rob- bins, the *“Bone Doctor,” happened along, and Mr. Hickok told he would send the youngster over to him, and he could see of what sort of material he was made. The young traveler will be sure to attract at- tention at the track. CRESCENT CLUB CRACKS Young Men Who Are Well Ad- vanced in Cycling and Field Sports. Dal Hawkins and the Berkeley Cham- pion Will Box for Points on Friday Evening Next. Few athletic organizations have grown so rapidly in numbers, wealth and influ- ence as the Crescent Club of Berkeley. Organized less than a year ago with about twenty charter members the club list now contains close to 200 names, Town officials, solid men of business and aspiring athletes have combined to make the club third in rank in Alameda County. Its quarters are elegant and commodious, its gymnasium ample in every regard and the location isin the cen- ter of the town. On May day the Crescents carried off the prize for the club having the largest num- ber of men in line in the wheelmen’s pro- cession. At Santa Cruz the wheelmen carried off several banners and in the 10- mile road race given by the California As- sociated Cyclinz Clubs one of the Berke- leyans, Harry Kastens, witk: a light handi- cap, mowed down a score of men and fin- ished fourth. Wilkins, another Crescent man, was placed near scratch and met with a seriesof accidents, yet he fought his way up and made a fine finish. The Crescent boxers are also making fame for themselves. Berry, whois a com- ing feather-weight, has gone up against several good men, with much credit. - Con- siderable interest is manifested as to the outcome of the meeting between Dal Haw- kins and the Berkeley boy, which takes Qlace at the club’s annual entertainment, November 15. In other departments of sport the Crescents are well to the fore. In Reed and Kinne they have o pair of tumb- lers whose work is little less than marvel- ous. In outdoor sports the club hastaken little part, but in the spring several men will enter field-day contests with an_excel- lent chance of adding several medals to those already in the club’s possession. The officers of the club are as follows: President, C. Mippelsen; vice-president, C. C. Emslie; secretary, W. A. Gompertz; financial secretary, F."W. Foss; treasurer, G. L. Wilcox; field captain, S. V. West; leader, Dr. J. C. Anthony; cycling captain, C. W. Gompertz. The board of directors 18 made up of the officers of the club, to- gether with J. C. Berry, F. W. Durgin, G. ‘W. Woodsum and O. E. Putzker. AREY WAS CONVICTED. The Jury Reached a Verdict in Les Than a Minute. In took the iury in the United States District Court yesterday less than a minute to convict Walter W. Arey on two counts on the charge of unlawfully using the United States mails. Arey states that he1s a physician. ariously enough, Arey took the stard in his own behalf, and stated that he did not know that he was violating the law, and yet he had been convicted of a similar charge in 1887 and sentenced toa year’s imprisonment. The case consumed most of the day, with the result stated. Sen- tence is to be pronounced next Monday. pitas 102, Mamie | A GAIN FOR SOUTHSIE Bitumen Pavement Will Be Put Down Between the Cartrack Rails. | FOLSOM BOULEVARD DAWNS. Residents Believe the City Will Keep Pace With the Railroad in Improvements. As a reward for earnest and persistent effort the boulevard advocates of Folsom street have won a good point and possitly | some day they will see their long thor- oughfare paved with the smooth, hand- | some bitumen of their dreams. { Last week a committee from the Folsom- { street Improvement Club visited Henry E. Huntington relative to the paving of the street between the tracks by the Market- | street Railway Company with bituminous rock. Mr. Huntington took the matter into consideration and made an appoint- rdnent with the committee for next Mon- ay. Yesterday afternoon Presideni Rottanzi i of the club, A. B. Maguire, Captain Raabe, | 3. 3. McEwen, H. B. Russ, Joseph Com- | merford, H. W. Weister, George Shad- | burne, Mr. Schwartz and M. Lauter met { at Mr. Huntington's office as per agree- | ment. He assured them that the railroad | | | i | | company would pave that portion of the strcet occupied by their tracks with bitumen, at least between Sixth and Nine- teenth streets. From the latter point out to its western end Folsom street is bitu- minized over its entire width, making that part of the proposed boulevard a | matter of fact. | The committee anxiously inquired con- | cerning the fate of the street between | Sixth street and the wharf, and especially between Sixth and Third—three blocks of the vilest pavement in the City. | H.E. Huntington intimated that those | blocks were already paved with basalt and | to make any change the matter must come | before the board of directors of the com- | pany. He also intimated that the heavy { traffic on the street near the wharf would | be too much for_the bitumen. The com- | mittee contended that those blocks being for the most part on a hill, the heaviest | teams would not use those grades. The | visitors strongly insisted upon_the paving | of the entire street and Mr. Huntington | promised to lay the matter before Colonel | Crocker when he returned from the East | two weeks hence. He also stated that after the company had finished naving be- | tween the tracks of the Oak and Ellis | streets lines work would begin on Folsom | street. The cars were being built for the | line and by the firstof April they would | be running. | _ The Folsom boulevarders are well satis- | fied with the result of the conference and | now consider the bituminizing of the thoroughfare as certain. | “It was a fine winning,” said Dr. Rot- tanzi last nizht, “and when the railway company put a smooth pavement between the rails of their tracks it will be a wedge | that will open a way through all the diffi- | culties. We are going to have a meeting | of all the improvement ciubs that will join | us and keep on in the good work until it is finished.” ““All south of Market street is interestea in one fine, well-paved street in their midst, running through the City,” said A. B. Maguire. *“‘South of Market street | pays taxes on $70,000,000—one-third of the | taxable property in the City. There is $300,000 appropriated for street work, and why can’t suoth of Market street have one- third of that money? With $100,000 we could do a mass of improving around on these old worn-out streets. Just as soon as the Supreme Court passes on the tax levy we will strike hard for the Folsom boulevard. “Mr. Huntington showed the right spirit and seemed anxious to help to make | oughfare,” continued Mr. Maguire. “‘Surely after the railroad company has gone so far and has proposed to place a bituminous pavement between the track i | Supervisors will follow suit. This belief is one of the things that make us feel so en- couraged over this day’s work.” Drunken Parents. Mrs. May Schovenberg, Noe place, was sent to the County Jail for six month~ by Judge Low yesterday for cruelty to her children. A similar charge against her husband was con- tinued for thirty days to give him a chance of turning over a mew leaf. 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ERIE MEDIGAL CO.,BUFFALO,N.Y. feat imples, Const}) e BEFORE ano AFTER PIDENE strongthens an fl’n reason nfl‘eremnrra not cured by Doctors is because ninety ger cent are troubled kidnevs and the tores smi tis. CUPIDENE is the only known remed mrantee given and money returned if six boxes does not #1003 box, six for §3.00, by mail. Send for FRER circular and testimonials, 2ls. A written Address DAVOL MEDICINE CO., 632 “CUPIDENE" MANHOOD RESTORED :5xe b5 tion of a famous French pbysiclan, wiil quickly cure ‘vous or discases of the generative or Pains In the M.Semhlfl?l nfitness to Marry, kxhausting Dral tion. It stops all losses hid discharge, which if not checked 81l the horrors of Impotency. ou of all ner. N ’Mn‘gbm X ervous t ns, Varicocele ai yd or night. ' Prevents quick- eeds to Spermatorrhosh ard CUPIDLNE cleanses the liver, tha nrinary organs of sll impurities. all weak organs, 13, Such as missions, to cure without an operation. 5000 teatimoni. 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Our New Catalogue free to any address. 738-740 Market Street i WANTED We want every pair of hands in San Francisco to be fitted with a pair of ‘OUR GLOVES DON'T {DON’T DON’T DON'T DON'T DON’T 8-Button “Biarritz,” al 4 large fancy button G French Suede Mousquetair (Real Kid) 2-Clasp Real Kid, fancy stitch 7-Hook Gloves, ail shad 4-Button English Walkin Think they are not good becanse s0ld at cut prices. Forget we've handled Gloves for 20 years and know what we're talking about. s Count on getting the same Gloves elsewhere, as we run only our spectal makes. Be misled by outside dealers, but come and convince yourself. Look for our advertisement every week, the profits will not permit it; and Forget we guarantee our Gloves and Tepair them froe of charge. Ladies’ Cashmere, Kay: = 5c Boys' and Aisses’ Fur Tops, fleece ines $1.00 Children’s Fleece-Lined Mitts. s0c Men's Wool Gloves 25¢ Men's Working Glove: 85c Men's Fur-Trimmed Gloves. 75¢ Gepts' Walking Gloves. 750 G#ts’ Light-weight Dress. $1.00 SPECIAL SALE DAYS. On Tuesday, Wednesday and NDTE_ Thursday of each week we offer Special Bargains, and not infrequently sell many of our best lines at Half Price. See our Window Display on SPECIAL SALE DAYS. 3 Q /7 71118 Markel A LADIES' GRILL RGIH Has been established in the Palace Hotel N ACCOUNT OF REPEATED DEMANDS made on the management. [t takes the place of the dlty restaurant, with direct entrance from Market si. Ladies shopping will find this & moss desirabie place to lunch. Prompt service and mod- erate charges, such &s have given the gentlemen's @rillroom an international reputation, will preval 1B this new department. e Ho Percentage Pharmacy, 963 market St

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