The San Francisco Call. Newspaper, November 15, 1895, Page 11

SR n L THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 15, 1895 11 All the News of Alameda County. WILL OF GENERAL KEVES Most of His Vast Estate to Be | Held in Temporary Trust. | WAKRTS BUT A MODEST TOMB. Made Should Any Cont: Made the Con- testants Will Lose Certain Privileges. OARTAND OFFIc 908 E o CaLL,) ov. 14, § . Keyes, who October 14, was filed probate by his sons, , Edmund Lawrence xander Darwin Keyes, the ned in it. Itis dated New , November 7, 1888. There are d Oakland, ‘ebruary 23, afael. July 25, 1893. will provides for a trust which is to wheu the youngest child becomes feer which all the property, real, 1l and mixed, is to be disposed of as ed. A deed of trust to certain real ite in San Francisco, dated October 17, made him and his wife to S. H. hborough, her brother, is referred to fining the manner of distributing his estate in San Francisco to the heirs. agreement made in Le Vigan, France, gust, 1887, defines the estate which to have, and it is agreed to by valuable considera hetti at the time of arriage was given upward of $10,- nallowance of $50 monthly during her father’s lz(ge n consideration of which he will, “‘eight are now living; four were the issue of my first wife, and four the issue of my ‘present wife. Of the deceased, Caroline was the wife of S. R, Franklin, now rear-admiral of the United ates navy, and she left no issue. Bessie M. died in the sixth year of her age. My grief for the loss of those two is undimin- ished.” Al real estate in San Francisco, with the exception of that in the trus: deed, is to be divided between the eight children He recommends that they shall emain in trust for eight or ten yea The lot at Davis_street and Broadw I he owns with his son W, Key 9,000 if he so ested for the n. 1 to the latte: elects, the mo benefit of the & The Oak-street property in Oak with improvements, constitutes a p: life estate of his wife er her nd aft ’ ided equally 2 eight heirs of their issue. 1 d property is his own se acres in Monmouth in common with his to the latter if he so ced on it by bors within six If not sold it is to go into the be equally divided among the heirs. he sha of the Humboldt Savings and Loan Society of San ncisco are to be sold at the trustees’ cretion and the proceeds reinvested in the improvement of the real estate or ctherwise as they see fit. 2 The trustees are to select his burial spot and to erect a tomb at a cost ranging from $1000 to $2000, and no one but his wives 1d Jawiul descendants are to occupy the pulcher with him. No moneys paid to the heirs after they ime of a 1s to be charged to them or J., beld to be 'soid month. Hust to ex! (] ided they approve of the will and do oppose its probate; but in c any hall begin an at- pt to break the w any pro or he or she shail have charged a em all moneys received after re eir majority, the whole amount to be de- lucted without interd > All portion of the real estate allowed to the daughters is set le as their own ctive estate, and the same is not to ject to the use. control or manage- f the husbands of any of them, Besides the Battery- street properties Mrs. is given all personal property ot balf of the silver spoons and forks n the residence in Paris, which are to be divided equally among the four children by the first wife. All books, manuscripts, commissions, clothing and personal effects in California and New York go to the trustees to be disposed of. His gold watch zoes to Alexander D..Keyes. rst codic: xes the annual f 6000, and if it falls below the figure for ten years after his death, it is to be made up by the trustees from the estate. The property at Stock- new building fund might be created, or a | ton and O’Farrell streets is placed in the ' syndicate be formed by forty Alamedans, to | trust to be divided with the eight heirs. The second codicil directs that moneys received from the sale of the Broadway property shall he giv $2000 to Eleanor }-‘. Chetwood, $2000 to Florence Adele Gib- son, the {wo daughters, ard $2000 to Alex- ander D. Keyes for care in his last illness. These sums to be above previous portions given, The third codicil places his Montgom- ery and Sutter-street property in the hands of the trust, and shuts out any heir from all benefits in his estate who shall attempt to sell or incumber any lands, or bring suit to have the estate partitioned during the life of the trust. The fourth codicil directs thatall moneys paid to his daughter, Agnes Geraldine Prenezykowski, in excess of $100 a month from her marriage to his death shall be charged and deducted from her share, as $100 was all he allowed monthly to any one of his daughters. A commission was is- sued to G. P. Gordil of New York City to take the deposition of T. Bighetti, who was one of the witnesses to one of the codicils. From the will it is learned that the wed- ding of hisdaughter to Lieutenant Bighetti cost about $10,000. The estate is supposed to be worth about $1,200,000. ROASTS THE COUNCIL. Mrs. Blake Resents the Refusal to Grant a Privilege. Mrs. M. K. Blake, one of the oldest, wealthiest and best-known resiaents of Oakland, is very indignant at the action of the City Council in refusing to grant. per- mission for the elegaat windows on the Washington-street side of her property to encroach one foot on the sidewalk. Mrs. Blake’s letter is a long one, but the follow- ng vparagraphs sufficiently express its nature: I think the decision, under the eircum- stances, of stopping the work on the Blake block ten days before the Council could de- cide, was unjust. If objections had been made In the start, before the work had become so far pdvanced, this 1celing of injustice would not ave bee This work” had been com- menced in good faith, not dreaming of any Lrong or objection being made. This trouble, ] uin generally believed, was made on account wpaercantile jealousy, and it is thought_tnose srhioeause this trouble will not gain in patron- *ge by the £00d people of Oakland. ur; dom»s 0 a dneuyhuxp-yer dm; 1 r%, 0d Who has responde: o Oakland’s calls when large enwrymg:were ‘ to be helped, and in ed at the time of final settlement, | ‘calmr(bulim; to the buila- 3 helping publie &nd private rl‘\lullons, as well as benevolent objects and ous other work, will not scon be forgotten To Elect Officers. meda County Law Association its triennigl election day evening. The members have to havea warm contest and the | following names have aiready been placed n nominatfon: ' { Tor president, B. F. Woolne LF. Chapman,'A. P, Hollan D. Kinsell, Phil M. Walsh, Coke ¥ dette C W, Stets Romo. ing of railroads and ins vai The Ala | will " hold Wednes deci W. . Powers, E. ; secretary, Clarence Crowell, rnell, A. M. Armstrong; treasurer, J. on, Phil C. Dibert, J. M. Lewis and R. !’oker Players Fined. ge Wood fined a batch of poker play- > each to-day. The game was raided night by the Chief of Police and six players were arrested. They were a lowed to plead guilty and their bail accepted for fines. Danger in the Cup. I | ers d $ | | | inventor of a patent communion cup, is preparing a communication to the Board of Health, showing the allegea danger of the old-fashioned method of celebrating the sacrament. The clergy some time ago refused to indorse the general use of the | cup. Charges Against Officers. ’The charges against Officers Brown and O’Hare, preferred by the Chief of Police, . Were continued by the e | to-day for one week, so that the Chief | would make the charges more specific. [ The Coming Exhibit. | A meeting of the Merchants’ Exchange, Board of Trade and all interested 1n the exhibit of home manufactures to be made at the tabernacle in a few weeks, wili be held Friday (to-morrow) night in the Council Chambers. | The Passing Show. At the Macdonough to-night “The Pass- ing Show” opened to a large house. It | will be presented Friday evening and a | d | matinee on Sata HISTORY OF A DAY. | Alameda County Happenings Told in Brief Chapters. OAKLAND OFFICE SAN FRa } | 908 Broadwa nber 14. The City Treasurer’s office wilt, until further | notice, remain open from 7 to 9 for the accom- modation of taxpavers. Superintendent of Streets Miller has peti- | tioned the Council to give him power over the streets, independent of the Board of Works. While f. Breen and wife were interested in their divorce case before one court, another entered a decree on foreclosure on their home. Chris Cleary, the man found in a nude condi- tion on Vernon Heights recently , was to-day CISCO CALL, declared iusane aud committed to the asylum | at Ukiah, William Cusick, the young farmhand who has been unconscious for several days at the receiving hospital a: sult of his fall from a horse, is improving slightly. An Irish-American Republican Club was or- ganized in the First Ward Monday night with a membership of sixty-four, of whom sixty- three are said to be native-born Californian Vessels are at the long whart discharging cargoes as follows to-day: The English ship Cardiganshire from Swansen, coal; the English ship Orphen from Newcastle, Australia, coal; the Danish ship Capley from Swanses, coke. Mrs. rah A. Bassett of Logan City, Utah, has written a letter to County Clerk Jordan asking for information regarding the death of Thomas Blythe. She thinks she could estab- lish the relationship if she could see a good photograph. At the inquest on the death of George Quin- telle last evening, Elzer Sorois aud Joseph Lemoge identified the deceased and a verdict of death with suicidal intent was rendered without further comment. not present at the inquest. | NEW LIBRARY BUILDINE, Trustee Fletter Gives His Views I on the Much-Discussed | Subject. | His Plan Is for Forty Citizens to Pay the Cost, the City to Pay the Interest. ALAMEDA, Nov. 14.—The joint meeting of the Board of Free Library Trustees and city fathers which was called for last even- ing considered the advisability of remov- ing the library to the new City Hall. Ow- ing to the absence of Messrs. Allen and | Magill of the hibrary board no definite ac- tion was taken. An interesting discussion, however, arose. Trustee Lydecker thought | that the City Hall was the proper place for the library. Library Trustee Mastick was of the opinion thata new building might be erected with that $17,000 levied for a salt-water plant. He thought the City Hall totally unfit for library purposes, and in case of removal predicted the loss of 75 ver cent of the readers. The practicability of building an addi- tion to the room now provided in the City Hall was briefly discussed. Ex-Senator City Hall, sayin g it would prove a danger- ous place for gi rls to visit at night. City Trustee Fietter remarked that a organize for three years and issue 200 shares at $100 a share, at 5 per cent inter- est per annum. The Board of City Trus- tees would have to pledge themselves to levy a tax to pay off the interest and prin- cipal at theend of the time. The money would thus be borrowed, and the only fear one of the lenders might have was that in the case of the death of one of the Trus- tees, the new man might not indorse the tax-levy for the library fund. New Officers Elected. Orita Chapter No. 115, Order of Eastern | Star, elected the following officers last | evening for the ensuing term: Mrs. Louise | Van Orden, worthy patron; Mrs. Theresa | J. Merwin, associate matron; H. Sevening, | | treasurer; Anna B. Barber, secretary; | Clara B. Chappelie, conductress; May B. | McFarland, associate conductress. The | officers will be installed on the second ‘Wednesday in December. ‘Woodmen of the World. The members of Spruce Camp No. 132 have sent out invitations for their next chopping bee, to be held November 20, when they hope to see all their friends | around their stamp in Foresters’ Hall, corner of Santa Clara avenue and Park street. Burned at a Furnace. An emplowe of the Pacific Coast Oil Works named Walter H. Wright was burned about the hands and face this afternoon while working at one of the fur- naces. He was removed to his home, 327 Pupils Frightened. Railroad avenue. Pupils in Miss Fish’s classroom of the Porter school were badly frightened this morning. A workman, making some re- pairs in the attic, fell through the ceiling and falling plaster scared the pupils. No- body was injured. Alameda Orchestral Society. The Alameda Orchestral Society will give 4 concert to-morrow_evening in Armory Hall. Herr Vogt will wield the baton and an excellent programme is looked forward to by all lovers of good music. ————————— Accidents from lightning are growing more frequent according to the Berlin sta- tistical bureau. Within the city limits | fires from lightning numbered 32 a year between 1833 and 1843, 52 a year from 1844 to 1865, 103 a year from 1866 to 1879, apd 152 a year between 1880 and 1892, 5 Rev. Marshal Law of East Oakland, the | Commissioners | Mrs. Quintelle was | Simpson objected to the | Sullivan, worthy matron; Mrs. Leander | TOR A COMPETING ROAD. next | The Eureka and Sacramento | Valley Road Is Now a Certainty. Bur- | VALUABLE TERMINALS GIVEN. Citizens of Humboldt Will Take a Million Dollars’ Worth of Bonds. ~ND OFFICE Sax Francisco CALL,) 908 Broadway, Nov. 14, The surveying engineers of the Califor- nia, Oregon ana Idaho Railroad will com- mence work next week. J. M. this city, one of the prime movers in the new road, wiil leave Oakland Tuesday for the purpose of starting the surveyors, ““There is neither stock subscriptions nor donation party connected with the road,” said Bassett to-day, “but everybody who puts up any money receives bonds for their coin. The road will be built by Eastern capital that is already put up, and there is no one soliciting money. We are being sought after by*people who want the | bonds instead of going around peddling stock like most new railroad venture “The general route will be from Eureka | across the Coast Range to some voint in the Sacramento Valley. This point will* probably be between Redding and Red Bluff, but the exact point is not yet | decided. The line will run right across Humboldt County, pass through Trin | and just touch Shasta. The start wiil be made from Collinsville, atthe head of Suisun Bay, and then up the valley to somewhere above Red Bluff, across the Sacramento River to the east side, possibly at Pitt River Canyon. It will then bear eastward and may possibly | connect with the Chicago and Northwest- ern at Cooper, Wyoming. It is not yet settled whether this.counection will or will not be made, but probably it will. This route will be almost true east from the Sierra Nevada Mountains. ““We have already received the deeds to plendid terminals at Eureka, with water twenty-two feet deep, that can readily be | deepened to forty feet if necesss The | people of the Sacramento Valley have of- | fered some very substantial assistance, both as regards the giving of right of way and promising support after the road is built. The people of Humboldt County have already subscribed for bondsamotunt- ing to §510,000 and are now preparing to raise another similar amount. In fac, it is almost certain that they will hold bonds amounting to a million dollars “They are protected from watered bonds and stock by a clause in the articles of in- corporation, which provides that the road hall not be bonded for more than $15,000 a ile. Some of the Southern Pacific road Is | *‘Already we have secured certain rights of way in the Sacramento Valley and for rst eight miles out of BEureka. ns, of course, we need no per- ion for aright of way, but after the | first forty miles from Eurcka, the moun- | tains will bave to be surveved in many directions in order to ascertain the b route. We cannot do anything but pre | liminary surveying during the rainy sea- son, but work will be continued all through the winter wherever possible. The first forty miles will be laid out within the nexv two weeks, and at the same time the survey \\\ifllbecommenced through the Sacramento | Valley. | "“The actual work of construction in the Sacramento Valley will be begun at onee and be pushed as fast as possible. I go to Eureka on the 19th and will set the sur- veyors to work. Everything has been done as quietly as possible because when you say railroad in California there are a host of people ready to jump on you with both feet. It is astonishing the extent of opposition that we have met with from | the Southern Pacific Company. They | have had agents in the field who bave | made overtures to bond large tracts of | land on the line of our proposed route and | have, in ways known only to themselves, put all manner of obstacles in our way. But the capital is up and the road will be built and put in operation as soon as possible.” 1 TOBEAUTIFY THE CAMPUS, | Regent Reinstein and Mr. Mc- Laren Consider Univer- | sity Landscape. | The Elections for School and Wharf Bonds to Be Held on the Same Date. BERKELEY, Nov. 14.—J. B. Reinstein, | the newly elected regent, in company with John McLaren, superintendent of Golden | Gate Park, spent the entire day at the university, devising ways and means of beautifying the campus. When seen by a CALL representative, Mr. Reinstein stated that it was one of his fondly cherished plans to assistin every way possible toward giving the university grounds an imposing appearance. “We have,” said he, “just as Mr. McLaren re- | marked to-day, one of the most beautiful sites of any university in the world, and | we owe it as a duty to ourselves, as well as | | to our State, to at least attempt to rid it of its ntter barrenness. ‘At the last meeting of the Board of Regents Professor William Carey Jones stated that there was an obvious need for a number of settees for the grounds. Ac- cordingly I secured from a gentleman who does not wish his name mentioned at | this time 100 ornamental iron seats, or settees. The matter as to where they shail be placed has been referred to the commit- tee on buildings and grounds. E. M. ‘Wolff, ’04, suggested that a fountain be secured, which I have also had promised g;amitons]y. This drinking fount is to | of such a character and to be placed on | the grounds at such a place as tie board | decides; but we will have a fountain of some sort,” Mr. Reinstein said, also. that he had written a letter to Mr. McLaren, asking if he would give some suggestions as to wfiuz would be the best method to pursue in the matter of laying out the grounds, to which he responded that he would be glad to give his services at such times as his duties at the park would permit. And so to-day Mr. McLaren and Mr. Reinstein came over to look at the grounds. Mr. McLaren suggests that the black- smith and carpenter shops, now_situated on the south side of the grounds, be moved back of the Mechanics’ and Electrical building, so that power may be easily had, and also that then they will no longer be an eyesore to the campus. *“The creek,” said Mr. McLarep, ‘‘can be beautified its entire length through the ground by re- moving many of the unsightly objects,| along 1ts banks, preventing the dumping’ of sewage in it, and by the use of a little rock and cement here and there. Bassett of | is bonded at from $40,600 to $60,000 a mile. | Over | Hiataia system of exchanwe bebwecr the botanical gardens and Golden Gate Park. so that duplicates might be transferred | from one to another.” | Professor Soule will furnish a topo- sraphical survey and miniature plaster st of ounds for the use of the board of regents at its next meeting, at which it is expected that Mr, McLaren will offer some further sucgestions as to how the g might be imy Scieol Bond Qpposition. For the first time since it was suegested the school bor provosition met with open opposition last night. The objec- | tions came from Trustee Durrell of West r. Durrell made a speech in d figures of school taxes s opposed to building a uce people to come to ational purposes, thereby pearance of the grounds 3 ) school to rkeley for edu cansing a rise in school taxes. ‘ 1r. Durre f manufactories | in West Berkeley and appeared to think | that the board should devote their atten- | tion to the encouragement of them. epiied that Berkeley had d more good from being an nter than from her manu- factories, and said that to forego a high school or to build merely a cheap one, as desired by Mr. Durrell, would work harm 0 the town’s reputation as an educational center. Trustee Hoff, also of West Berkeley, did not take issue with Mr. Durrell, but said | that he felt bound by the action of his | constituents in asking at their mass-meet- ing for $120,000 worth of school bonds. This was thie signal for the expected battle over which election should be held tirst, that for the school bonds or the one for the wharf, which the West Berkeleyans all seem to want. The West End delegation advocated holding tie whar election first, declaring that otherwise the school bond issue would not carry, but it was finally decided to hold both elections at once, Trustees Hoff and Durrell voting i gati Architect J. B. Mathiesen subm report upon the cost of school-buildings as follows: | High school, 5,000; six-room Dwight way our-room primary at_Dwigh ght-room school at San Pablo, oom school at North Berkeley. , and four-room school on the Ninth 0t, £7000—2 total of $122,000. Esti- mates formerly submitted to the board upon cost of sites and furniture foot up to_$30,000, $15,000 of which is on the High School, so tnaf dhe figures foot up to ¥152,000; 30,000 for a_high school. A report on the costof a whari at West -y _was also made, esti- mating the cost The Football ien Practice. The university football players met the Olympics at Central Park this afternoon in their thira practice me together this wee The coilege men will practice on | the ¢ mpus- to-morrow afternoon as for- mer] Simpson and Hall, both fresh- men, have been declared ineligible to play in the Thanksgiving game by the athletic executive committee of the university on account of being specials and not having sufficient hours to their credit, as pro- vided in the U. C.-Stanford five years’ ement. Considerable anxiety has been created among the students during the last few | days over the injuries which Hupp and | Ransome have recently sustained. Ran- | some’s knees are in bad” condition just at | present, but his trainers are hopeful that he will be on the tield in in a few days. Hupp’s ankle is in such a bad shape that his physician has forbidden him to play for the present. He seems to be particu- Jarly uniortunate in his football ~experi- ence, having sustained injuries last year at a correspondinz time which disqualified him from trying for the Varsity. | . Reinhardt, '97, who played good football in his freshman year, but who has not been on the field since, donned his suit last evening and will try for center. He tips the beam at 173 pounds. Crescents to Entertain.: The Crescent Athletic Club will give their grand annual entertainment at Shat- tuck Hall to-morrow evening, which will consist for the most part in music, recita- tions, tumbling, boxing and a bicycle race. | The latter periormance will be tlie feature of the evening. The race will be two miles, the wiheels being stationary on the plat- Jorm and the number of revolutions per minute registered by means of specially dev clockwork. Wilkins, Kastens, Putzker and Krooman will try conclusions in the race, the two winners of the first | heat entering the final. | Advanced to Senior Starding. | The comjnlete list of those advanced to | senior standing in the colleges at Berkeley was posted to-day. It showed. that only 29 out of the 256 who entered-in the class of '96 will be granted an opportunity to | graduate. By far the greater majority of those whose names do not appear on the senior list have left college. The propor- tionate increase in the number of those who entered and those who graduated with '95 is only slight. Students Petition. At the meeting of the Academic Senate this afternoon tie petition from the stu- dent body in behalf of Robbins and Steele, | the suspended members of the Josh staff, | came up for consideration. The action of | the Ity could not be learned, but Presi- | dent Kellogg stated that a communication | bearing on the case would be sent to| | President Friend of the Associated Stu- | dents to-morrow. | Dixey Will Lecture. | Henry E. Dixey, the comedian, will i lecture on “The Art of the Comedian” at ‘Slilos Hall to-morrow afternoon at 5 | o’clock for the benefit of the Students’ Aid Society. T0 RUSH THE INSPECTOR, |High School Students Retain Counsel to Test the License Ordinance. Mr. Mitchell Is Warned Not to Go to the Girls’ Play on Sat. urday. OARLAND OFFIcE SAN FRrANcisco CALL,) 908 Broadway; November 14. } The Oakland High School boys have de- cided to test the validity of the action of the License Inspector in demanding $5 tax for each entertainment given in a public hall. License Inspector Mitchell swooped down at their entertainment last week at the First Unitarian Church and demanded the tax. He has also given them notice that he will be in attendance at the enter- tainment to be given Saturday by the girls of the High School. The students have determined to test the right of the Collectorand have engaged Attorneys Barl, Fitzgerald, Cary Howard and Abe Leach. The students say they will attend to the “other matter.” ©If License Inspector MitchelL‘shows up at the box-office Saturday, when our girl students are giving their entertainment for aur benefit, he may wish he had stayed at home. In plain English, the students have arranged a rush for the occasion, should the license man appear, and he might, by accident, getin the center of the rushers. Of course we of the committee have discountenanced all such proceed- ings, but we cannot control a couple of hundred students who are out for fun. If Mr. Mitchell is wise he will not take in Saturday’s show.” All the attorneys named. are old High School boys, and some have said that the ordinance was never intended to apply to High School students. The students are giving the entertainments for the purpose *‘It would further beadvisable to formu- of raising money for the trip of the aih- letes to the National games to be_held at New York next vear. They consider ita great hardship to be forced to pay a license of $5 each time they,perform.. The matter of taxing entertainments given in public halls bas been attracting considerable attention in this City since the License Collector compelled the man- ager at Miss Shorey’s debut at the First Congrezational Church to pay the license. All parties are anxious to have the matter settled, and the only way to do this 1s for the License Collector to make an arrest under the ordginance and have 1ts validity tested. Itisnot thought, however, that Mr. Mitchell will make an example of the lady manager of the girls’ entertainment Saturday night. The fraternity giving the play is called the “V. V’s.’” and the young ladies declare that if they see the Collector around, he will think their club letters mean *‘very vivacious.” AT OWNER'S EXPENSE. Inspector Kinne of the Board of Health Begins an Important Fight Against Property-Holders. Inspector Kinne, acting under an old law, began an important contest yesterday againsc property owners who refused to look after the sanitary condition of their premises when so notified. Mr. Kinne re- ceived his authority from section 3028 of the Political Code, which says: Whenever a nuisance shall exist on the property of any non-resident or on any property the owner or owners of which cannot be found by either Health Inspector after dili- gent search, or on the property of any owner orowners upon which due notice may have been served, and who shall for tnree days re- fuse or neglect to abate the same, onmnn; City property, it shall be the duty of the Boar of Health to cause the said nuisance to be at once removed or abated, and to draw upon the general fund for such sums as may be required for its removal or abatement, not to exceed Several days ago the inspector ordered certain work to be done on the prcpertJy 123 Ninth street, owned by Mrs. . Kehoe. Not the slightest attention was lmid to his suggestions, whereupon Kinne ooked around for a more potent weapon than a mere suggestion. He claims to have found it in the section quoted. The exvense attached to making such repairs as were ordered by thie Board of Health shall serve as a lien against the property, which the City and County At- torney is authorized to sell, tnrning the difference, if there be any, over to the owner. — . . White Knocked Qut. The Supreme Court has denied the applica- tion of George E. White for writs of certiorari in the divorce proceedings between him and his wife. The writs applied for were to review, first the action of the lower court in atlowing Mrs. White a lump sum of $100,000 and order- ing a réceiver to sell suflicient property to pay it; and, again, the order adjudging him guilty of contempt for having sold property when the court had ordered that he shouid notsell, The Supreme Court held that writs of certiorari were not the proper remedies in the case. REAL ERTATE TRANSACTIONS. Bank of California to Hen: NW corner of Gough and Edd, W 187:6: $10. Joseph and Eveline T Slye (nee Harrison) and Clemence E. Harrison to Albert Wilford, 1ot on S line of Vallejo street, 114:6 J of Webster, E 23 by S 0. F. Fortmann, 1ot on ly streets, N 120 by nd Rachel Beerman to John J. Wirtner, lot line 0!\'!;_ street, 163:10%4 W of Cherry, W 25; 81 Simpson to Phebe A. Hearst, lot on son street, 107:6 1 of Firsy avenue, S 2! 2 E 40:514,5 40, W N 65:8%4, 100: $10. LotV liam and Lizzie Hinkel to Helen 4. Crocker, ot on i i lipe of Clayton sireet, 203:9 N of Fred- 25 by £ 106: $10. Kaiser to Henry Kahn, lot on N line of cighth sireet, 266:8 1 of Noe, E 63:4 by 0. and Lina Heyman to Evening Post Pub- lishing Company, 1ot on N line of Elizabeth stre-t, 150 W of Hofiman (Kilen), W 25 by N 114, lot 203, Heyman T'ract: 0. 3 Glovannie Filomio to Maria Filomio, undivided one-third of lot on K line ot Kearny street, 114:7 S of Union, S 22 by E 103:1; git. Isaac and Helena Liebés to Charles J. Behlow, loton £ line of Powell street, 102:6 N of O'Far- rell, N 85:134 by K 187:6; 810. and Emmeilne L. Bates to Elise oL on I line of Texas street, 100 S of Nevada, S 41:6 by I 100 3 J. B.'Haggin, Lloyd Tevis and Henry Wads- worth(trustees San Francisco and Point Lobos Road Company) to James McGrath, loc on E line of I wenty-eighth avenue, 250 N of Clemient street, E120 by N 25; $225. Annle’ Guglielminetti (by R. I. Whelan, Sheriff) to Isaac Liebes, lot on K line of Twenty-first ave- nue, 275 N of Clement st., N 50 by £ 120; $990. rab J. Cheney to Peter Droge St 1ot on I line of Twentleth avenue, 250 N of I suréet, N 25 by E 120, bargain and sale deed: $10. Charies and Mary A. Forbes (trustees of estate of Alexander Forbes and Mary A. Forbes) 10 W dell and Carrie Easton, lot commencing 100 S of K sirect and 127:6 K of Fitweenth avenue, S 8, E 44, N 165 $10. ie Easton to Charles and Mary n- 3 Wendell and Carr] A. Forbes (trustees of the estate of Alexander Forbes and Mary A. Forbes), lot on E line of Fif- 279:8 S of K street, S 20:4, B : 510, and Clara W. Jones, 1ot commenc- street and 12 /'of Fourteenth v 191, K 66:6, N 196, thence 41 to begin- ning; $10. H.'A. and Clara W. Jones to Wendell and Carrie Easton, lot on W line of Fourteenth avenue, 253:5 S of K street, S 28, W 86:6, NW 20:6, & 5 Parrick Sheridan to Mary Sheridan, lot on N line of Fairmount street, 92 'E of Palmer, £ 50 by N 125, block 19, Fairmount; gift. ALAMEDA COUNTY. Susan P. Fletcher to Lucy H. and Mary E. Fletcher, 10t on NW corner of Adeline and Nine- teenth streets, N 35 by W 108, Oakland; gift, Kelsey to Ellen Fogg, lot on 1 line' of Myrtle street, 151 S of Twenty-fourth, S 25 by E 125, he- ing lot 81, bock 636, map of Market-street lots, quitclaim deed, Oakland: $10. Delin and George H. Albers to Miles Standish ot Alameda, loton N liné of Seventh (or Railroad) avenue, 219 W from center line of Union street, W 25 by N 100, block_ 534, subject to a mortgage for $1600. Onkland; $10, Packic Improvement Company to Anna C. Ground of San Francisco, 1ot on S line of Buena Vista svenue, 273:11 W of St. Charles street, S 150 by W 35:6, being the east balf of lot 10 and W 12 teet of lot 11, block L, map of property of Columbus Bartlett, Alameda; $10. Oscar 5. and Lizzle M. Meysel to Minnie C. Mier ~f Alameda, lot on N line of Encinal avenue, since wideued to' 80 feet, 200 E of Willow sireer, £ 25 by N 140, being the W haif ot lot 5 In W Ralt of block k, Pioneer Homestead Association, Ala- meda; $10. and Mary Orelup to Catherine Carmichael ley, it on W line of Shattuck avenue, 210 Sof Vine ilicet, S 30 by W 135, belng lot 8, Block 8, Graves & Taylor Tract, Berkeley: $10. P. A, and Alva B. Cluté and Anna L. Melntyre lot on it 1ine of Seventh street 1021. 68 S from N line plat 60, Rancho V. and D. Peralta, thence 8 i roduced S in a stralght lineto Sline piat 60, thence / 60, thence N to a point distant 1021.68 5 from N line plat 60, thence E to_begiuning; aigo 10t on E line of Eighth street, 1021,68 S from X line, plat 60, thence S along E line to & line of kighth street, produced S in the same direction to S line, plat 60, thenceW to a point distant 60 feet to K line of Eighth street, thence N toapoint 102168 S from N line, plat 60, thence K to beginning: also 10t on E line'of Ninth street, 1021,68 S from N lineplat 60, thence S along E line of Ninth street produed S in the same direction to S line of plat 60, thence W to a point distant from E line of Ninth street_producea feet, thence N to a point distang 1021.68 S from N line of plat 60, thenze & to beginning: also loton E line of Tenth street, distant 1021.68 S from N line of plat 60, thence S along E line of Tenth street produced soutkerly in the same direction to the Sline of plat 60, thence W to a point distant from E line of Tenth street produced 6y feet, thence N to & point distant 1021.68 S from N line of plat 60, thence E to_beginning, to be used for extending Seventh, KEighth. Nimth and Tenth streets from 1021.68 S of N line of plat 60 to S line of subdiyision :; plat 60, Raucho V.and D. Peralta, Berkeley: $5. Thomas and Annie Callahan to Cella and Sarah J, Callaghan, lot on X line of Second street, 75 £ of Brush, E 25 by N 100, being lot 28, block 24, Oakland; $10. H, F. and Abby F. Bickel, Carrie W. and W. 0. Badgiey to H. G. Kendall, lot on N lne of Twenty-first (or Hobart) street, 310 W of Tele- graph avenue, W 30 by N 100, being a portion of lots 11 and 1%, Jones Tract, Oakland: $10. Georgeand Jane A. Wheeler 1o R. J. Brode of Alameda, ot commencing at the intersection of the N line of East Twenty-firsc street with the W line of Twenty-first avenie, N 77:6, W 102:6. S 71716, E 102:6, being block 68, East Oaklana; $5. Mountain View Cemetary Association to Mor- cene Hopkins, lot 149 in plat 12, Mountain View Cemetery; $40. F. E. and Marearet Seidel to Ralph W. Kinney ley, lot on W line of Claremont Tract, 140 S from S line of Asbby avenue, £ 100, 5 141.15, W 100, N 140.95 to beginning, being lots 34 and 35, block E, same. Berkeley: $10, Ralph W. and Jennie T. Kinney to James H. Wright of Berkeley, lot on W line of Claremont Tract, 140 S from S line of Ashby avenue, E 50, §141.15, W 50, N 140.95 to beginning, being lot 34, block E, Claremont Tract, Berkeley: $10. Wallace Clark to Mary S. Carnall of Berkeley, Joton N line of Vine strect, 60 W of Oxtord, W 35 by N 120, beiag a portion of 1ots 37 to 40, block 3, resubdivision of blocks 3 and 4, Antisell Tract, Berkeley: $10. Matilda A. Daly to Adelaide Tyack, lot on F line of Bassett street, 160 N of Washinzton, N 60 by E 125, being the N 25 feet of lot 1 and S 25 feet of lot 2. block 774, Levy Tract, Brooklyn Township: $10. Emily K. Latham to J. 4. liastman of Brooklyn Township, lot 10, block D, Latham terrace, Brook- lyn Township; $650. Builder's Contracts. Annie Kennedy with John Kennedy and rge Leterell, to erect a two-story building on Blketl Geo) street, between Greenwich and Filbert: $1940. RYAN MADE THEM SMILE: The Hale and Norcross Plaintiff Thinks the Leak Has Been Shown. BATTERY SAMPLES INCORRECT. The Superintendent of the Mine Gives Some Interesting Details About Assays. Joseph R. Ryan, superintendent of the Hale &Norcross and the Andes mining com- | panies, succeeded in imparting liveliness | to yesteraay’'s proceedings in the Hale &.‘\ Norcross mining case. | Judge McKissick rubbed his hands | together and smiled at Mr. Baggett, and Mr. Baggett replied with smiles approach- | ing jubilance, while Mr. Fox, the plaintiff, could scarcely restrain himself. The look of deep solemnity that came over the countenances of Mr. Wood and Mr. Deal seemed to confirm the impression that had Mr. Ryan’s testimony been diiferent they would have done the smiling. When Mr. Ryan came to the stand— after the reading of the depositions—he said he had been superintendent of the Hale & Norcross and the Andes mines | since the middle of March, 1892. He has been connected with the mining business | on the Comstock as assaver and in other | capacities for twenty-one years. He testi- fied that during the year 1894 there were extracted 719 tons of ore from the Hale & Norcross mine, and 568 tons in 1893, 180 | tons at one time, and 388 at another time. The 180 tons were milied at the Brunswick | mill in May, 1895, and the 388 tons at the same mill'in October, 1895. These ores had been assayed from samples taken from the mining cars, and also from samples taken from the railroad cars. “‘Have you certificates of the mining | and railroad-car assays of the ores mined in 1894 and 18952 5 “I always aim to preserve the certifi- cates of the result of assays from railroad- car samples and from battery samples, and while T may have the certificates of tae mining-car assays, I haven’t them at hand, although the results of the mining- car assays were entered in-a book which I haye here.” “How do you sample the mining-cars?” “We use what is called a trier, which, driven into the ore at three or four points, brings out in the form of a core, from five to seven pounds of ore. Tlese samples of ore, together with some taken from the top of the car are thrown into a box, and from this a sample is taken and assayed. Railroad-cars hold about eight tons, or about the contents of eight mining-cars., These railroad cars are sam- pled substantially in the same way, the | samples being secured as the car is being | loaded. The sampling of the mining-cars | is mainly for the purpose of testing whether | the ore taken out is paying or waste ore. | I have kept a record of the assays of such | samples, but, as I have said, I aim to pre- serve only the certificates of the railroad- car and battery assays. The samples were | assayed at the Con. Virginia office, which was in charge of Mr. Phelan.” “Is'your method of taking samples the | one usually practiced 2"’ “I introduced the ‘trier’ system in 1892 on my own motion. Idon’t know if this | method is used at the other mineson the | Comstock.” | ‘“Were the two batches of ore mined in | 1895, that of 180 tons and that of 388 tons, sampled by this method ?” *Yes.” h “‘T object,” said Mr. Wood, “to this tes- timony on the ground that the method is | different from that employed during the time the 84,000 tons particularly involved | in this case were mined, as it would be de- termining the results of assays then made by a process different from that actually followed.” “While I am not to be understood,” said the Judge, ‘“as forecasting the deci- | sion of the court, I desire to direct the at- tention of the counsel to a course that the discussion of the methods of sampling | should pursue. That is to say, whether | when a percentage is indicated in assays of | car and battery samples the percentage re- fers to bullion product of the ore actually | assayed, or indicates the’ value of the ore from which the samples were taken. I in- vite the counsel’s attention to this in order that there may be no ambiguity on this | point.” 7 i The attorneys on both sides expressed themselves that this course of argument was the proper one. The cross-examina- | tion of Mr. Ryan then began. i | “From what part of the Hale & Norcross | mine was the 719 tons mined in 1894 taken 2" induired Mr. Deal. “‘From a winze level.” “Then, the 588 tons mined in 18952 “That came trom a seam thirty feet be- low the 975-foot level.” ‘“Was this seam a large one?”’ “It varied from four inches to eighteen inches wide.” ““Was 1t rich ore?” i “Yes, it was very rich ore—soft and | easily milled. There was considerable | clay, and it wasinclined to slime.” i Mr. Ryan then was asked various ques- tions about the time occupied in millin; the ore, and while he said that the lot mined in 1895 were each milled at one | run, he could not indicate the time con- | sumed in crushing it. | “Was not the mill cleaned thoroughly | pre\;iou’s to the milling of this ore?”” “Yes."” “Is it not a fact that for the first few | days assays of battery samples will indi- cate too low a valuation of the ore?” “¥es.'t “Why is that a fact?” “Well, the free gold, to a considerable extent, stays in the battery and does not pass out 1n the Fulp from which the bat- | tery assay samples are taken.’ | *‘To what extent will there be a differ- ence in the results of samples taken from the pulp, called battery samples, and sam- ples taken from the battery itseif?"” | ““I have known samples taken from the | battery to indicate a value as highas 150 | per cent of the value of the ore—that is to say, ore valued, say at $100, would, from samples taken from the battery itself, in- dicate $150.” | This was the point that made the plain- | tiff’s counsel smile. It seemed to indicate that all percentages based upon battery | samples were too low, as the free goid | would to a large degree settle in the bat- tery and not pass out into the pulp from | which battery samples are taken. There was then a protracted effort made by Mr. Baggett to have Mr. Ryan testify | as to the general rehability of the method of securing samples from the mining cars. Mr. Ryan said that while employes were instructed to take samples according to the methods indicated, they sometimes did not do so, as they sometimes picked out rich pieces of ore and used the ‘‘trier” | in parts of the car where the ore appeared | to be rich. “Assuming that the employes substan- tially did their duty as instructed,” in- uired Mr. Baggett, “*would the percentage rom mining-car assays be a reasonably true measure of the real value of the ore?”” “That would depend on circumstances,” replied Mr. Ryan. “The ore might be coarse or fine, and that would make a dii- ference.” “I renew my objection asto the relevancy of this testimony,” said Mr. Wood. "Bq\,: the question is gut hypotheti- | below the 1300-foot | | | | | cally. “’lzhnt is not the quesiion before the house,” ejaculated Mr. Woods, and then” everybody smiled audibly, and even Mr. ‘Woods did so. The objection was overruled. Mr. Ryan then read the book record of mining-car assays of the ore mined in 1894. The yari- ous assays averaged $1553 of gold and 35 87 of silver. The 1895 ore averagzed $1879 of gold and $39 63 of silver. The railroad-car samvles of the same ore aver- a%ed $19 38 of gold and $4012 of silver. The witness said that the mining and rail- road car samples afforded a better means of approximating to the actual value of the ore than the battery samvles. The 1895 ore assayed as follows: Mining car, $36; railroad car, $57 v, $53. Acorde- ing to the actual working the 150-ton batch of ore mined in 1895 showed a percentage of 92.35 from battery and 90.56 from rails road-car samples. If extra care had nof been taken with this ore, said the witness, * it even then should have produced S0 per cent. 3 7y The examination of Superintendent Ryan will be resumed this morning at 9 o’clock, on the understanding that it will be completed by 10 o’clock, at which time the Learing will be adjourned until 2 o’clock, The first proceeding in tihe morning was to complete the reading of John W. Mackay’s deposition. Mr. Barrett ex- plained that some changes had been made by the stenographer at Mr. Mackay's re- quest before Mr. Mackay signed it, and just before Mr. Mackay went to New York. Mr. Barrett gave emphasis to the changes when he read them, as Mr. Mackay tes- tified repeatedly, according to the deposi- tion as corrected, that 70 per cent would be a reasonable product of battery assays of ore valued at $39 a ton. The testimony before correction indicated that he re- ferred at the places corrected to mining- car and railroad-car assays. There was an effort on the part of Barrett to hold Mr. Mackay to car a and Mr. Wood and Mr. Deal repeatedly called the atten- tion of the court to their view that Mr. Mackay at all times spoke with reference to battery assays. This was followed by the reading of the depositions of A. Spencer, secretary of the Nevada Milling and Mining Company, and of J. B. Overton, president of the same company. These were comparatively brief, and devoted to the purpose of discovering if the books of that company contained | any entries relating to the eighty-eight gold bars about which W. R. James testified, valued at about $300,000. The testimony in both depositions failed to show any such entries, or to throw any light upon the subject. JUDGE MURRHY 5 ILL The Jurist Collapsed in Court and Postponed the Ash- worth Case. Overworked in the Durrant Case and Attacked by Asthma His Strength Fails. Judge Murphy is quite ill at his home, 119 Liberty street,and there 1s a possi- bility that he may not be able to go on with the Ashworth trial. 4 The Judge suffered a complete collapse yesterday afternoon and was obligea to adjourn court until next Monday. He was taken to his home in a carriage. His phy- sician commanded absolute rest, as the noted jurist, in addition to another and violent attack of asthma, was suffering from the cffects of the long and hard strain imposed on him by the Durrant case. The attack yesterday was sudden and came on immediately after the ad- journment for the noon recess. The Judge recovered sufficiently, how- ever, to continue the case at 2 o’clock, but half an hour later he called Assistant Dis- ‘rict Attorney Black to his desk and said he would be obliged to adjourn court, as he had not the strength to continue. “I must have rest,” said Judge Murphy last night, “as I am absolutely tired out, and as soon as the Durrant case is finally disposed of I will take a vacation. It was against the wishes of my wiie and the ad- vice of mf’ physician that I decided to take up this last ‘case, as I hoped to soon get through with it, and then with the Dur- rant case disposed of I would be free to rest and recuperate. *I ao not know how long the Durrant case will occupy my time when it comes up a week from Friday. It may require a day or two, and, on the other band, may be disposed of quickly. I made a note of everi exception offered by the defense, and have reviewed them in my mind until Iam quite familiar with them. But the defense may submit some question that will require careful consideration, and, as I wish to be perfectly fair, I will not force matters too hard. But I am completely worn out and wish the case was off my mind. No one can have any idea of the labor and worry it involved. After sitting in court all day Iread the evidence word for word, ques- tion and answer, at night. I passed many sleepless nights during the trial. Some mornings I would go into the courtroom with barely sufficient strength tosit up in the chair. Had the case been of less pub- lic importance, had it been a civil case, [ would have allowed it to go over and re- mained guietly at home. *‘My life has been a very active one. Ten vears on the bench, three years District Attorney and altogether over forty years connected with the bench and bar, it is now about time that I should give up being a wheelhorse. I am getting old, my boy, getting old.” Judge Murphy spoke with much diffi- culty and his remarks were interrupted with distr ng fits of coughing. e e— Goa, the last relic of Portugal’'s domin- ion in India, is in revolt, and three men- of-war have been sent to putdown the mutiny of the garrison. The men objected | to going to Africa, where they might have to fight. SRR As a spectacle, ‘‘Cheer, Boys, Cheer,” is described as the finest piece yel seen on any London stage. Telegram from Russia: ‘“ SEND TO ANiTCHKOFF PALACE, ST. PETERSBURG, IMMEDIATELY, ONE DOZEN VIN MARIANI, FOR HER IMPERIAL MAJESTY, EM- PRESS OF RUSSIA.”* Ordered by the Court PHysicians. Asubsequent letter, ordering a further sup- Elly of fifty bottles “Vin Mariani,” states that "LM. the Empress of Russia hps derived the greatest benefit from its use. VIN.'MARIANI *“The Ideal Tonic Wine." Fortifiés, Nourishes and Stimulates the Body and Brain. It restores Health, Strength, Energy and Vital, ity. Avold Substitutions, Ask for “ Vin Mariant” at all Druggists, For Descriptive Book. Portrails and testin mony of noted Celebrities, wrile to MARIANI & CO., 62 W. 15k 5%, Panss: 41 Bd. Hausoans EoxDon : 359 Oxtora Sireer, Wrights Indian Vegetatl Pil Are acknowledged by thousands of personswho have used them for over forty years to cure SICK HEADACHE, GIDDINESS, CONSTIPA. TION, Torpid Liver, Weak Stomach, Pimples, and purify the blood. Crossman's Specific Mixtars With this remedy persons can cure themselves without the least” exposure, change of diet, or change in application to business. The medicine contaius nothing that is of the least injury to the constitution. your druggist forit. Price 81 @ ow Tork,