The San Francisco Call. Newspaper, November 23, 1895, Page 10

10 THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 23, 1895 : MR, MACKAYE LEAVES He and Warren P. Freeman | Imitate Wallace E. Freeman. FLED TO AVOID ARREST. Walter K. Freeman Had the Machinery of Justice All Ready. COLLAPSE OF THE DEFENSE. The Rather Grotesque Denouement of | a Case That Has Been the Talk of the City. The most pleasing kind of a surprise came to Walter K. Freeman, at the Palace Hotel yesterduy morning, when a letter was banded him, which, over the signa- ture of Attorney H. S. Mackaye, informed him of that gentleman’s departure for the East. | Tollowing soon after the going of Wal- lace E. Freeman for some place not defi- Attorney H. S. Mackaye. nitely known, it indicated that the West- | t ouse concern practically abzndonea the case Walter K. Freeman has been | vrosecuting against it for his rights through his counsel, Joseph Church. In one respect it not an agreeable , for the machinery of justice had been prepared, and had Mackaye appeared in Examiner Heacock’s room, in the Ap- praiser’s building, he wouid bLave been ar- | rested on & warrant charging him with | subornation of perjury. It also developed ! early in the day that Warren P. Freeman | had left, presumably for the East. ! This was the way Attorney Mackaye's | letter reaa: Sax Fraxcrsco. Cal., Nov. 21, 1895. My Dear Mr. Church: Upon consaltation we | bave decided to clo: 1mstanc York, and I shal the remaind, arvin Freeman's deposition. 1have no doubt you will let me reserve objections. 1left & proper certi Heacock to put on to Of conrse you are ai 3 vin's cross-examination without me. Yours traly, H. S. MACKAYE. Out of the eight witnesses for the West- inghouse Company which Attorney M. aye had managed to get to this Ci rubber scheme the depositions ot only had been taken before Examiner Heacock, namely Waliace K. and Marvin L. Free- man, and being under. oath their state- ments were favorable to Waiter K., the plaintiff. Marvin’s was particularly so, and Mr. Church is just about concluding his cross-examination. The other six witnesses were to be Mr. Mackaye himself, Warren P. Freeman, Alexander H. Freeman, the man who was badly used up; Detectives John McFar- lana and George Hill, and a man named Ferguson. Miss N. E. W. Smith was als ave been called incidentally by Mack: aye. ! “Wallace E. Freeman left Wednesday, | and Walter K. thinks Mexico was his des l tination. He neglected to sign his deposi- | tion, as corrected, before he went. How- | ever, Examiner Heacock will not let the | corrected document go by the boards. He | will sign his initials to it and let it stand | at that. | There is_one little thing Mackaye ne- | lected to do before he took the overland | flier Thursday. This wasto pay some of | his _ bill So Walter K. Freeman say His witnesses were Lere at a per diem of $5 each, and his bill from Examiner Heacock and Stenographer Brow ill | probably amount to _$1000. The Westing- | house Company of Pittsburg, Pa., 1s rica, though, and Mackaye’s creditors will look | to 1t for the cash due them. 1 Of all the witnesses Mackaye got here | by his “fake” rubber company plan only two_stuck to him, Wallace K. and Mar- vin L. The sudden departure of Mackaye almost took the breath away from his opposing | “learned brother in the law,” Mr. Church. But Mr. Church will turn the incident to very good account. It is a complete vic- tory for him and his client. Mackaye is the third attorney who has been worn out in the service of the West- | inghouse Company in this particular con- troversy, says Walter K. Freeman. The | mitlions ipvolved have been a great allure- | ment to the young and ambitious lawyer. | The first one to give up the battle was| Charies A. Terry of New York. Then W. G. Carr handled the defense'for ten m hs and grew so tired that he quitit. Mackaye has struggled ng for five months. IHe was full of resources, some of which are unknown to ordinary attorneys, the rubber scheme, for instance. When hestarted his ficate with Commissioner e testimony taken here. ed {o finish M rubber company here with a nominal capital of $100,000 and had Walter K. Free- | man's opposing broth into it, he feit ihat the smile of fortune was upon him. To some extent he has got even with two } of these perverse brothers. Alexander H. | Freeman has a bill of §5 a day since October 1, and Marvin 1. Freeman’s bill dates from: October 12 for a similar per diem. There was a little thing or two that made Walter K. anxious, besides his in ter:ded criminal proceedings, to see Mac aye and his vamoosed brothers s a few aays longer in theland of sunshine, jruit and flowers. I'wo affidavits had been filed with the clerk of (he United States Circuit Conrt that needed explanation. One pur- ported to be Alexander H.'s, filed October 19, and the other Warren P.’s, tiled No- | vember 11. Now Walter K. says the Al- exander H. afiidavit is a forgery, and he was anxious at the close of vesterday af- ternoon’s business fo have a statement to that effect appear on Stenographer Brown’s tablet from the very lips of Alex- ander H. himself for the records. It has not been customary for Alexander H.to be present at the proceedings, but he hap- pened to be on hand yesterday afternoon. Mr. Church thought, however, that in the absence of counsel for the defense it was not proper to so record Alexander H., | reading other journalists of smaller me | our office and_got ina job-p | bas been dissolv and, therefore, the signature, though al- leged to have been forged, stands undenied as yet. Tn Warren P.'s aflidavit_that gentieman made Marvin L. say he admitted he lied in a previous statement, and, moreover, lied so poorly because it was his first attempt at lying. Furthermore Warren P. made Marvin L. father a confession to the effect that the ‘deeper he got the better he could lie,” and “if he had to do it over again he could tell a much better lie than ever.”” This docu- ment is one of the valuable archives of Clerk Costigan. On the strength of it Walter K. had certain things arranged for the prosecution of Mackaye for subor- nation, and of Warren P. for perjury it- se “Ishall lay the whole matter before the proper tribunal,” said Walter. He is going into the southern portion of the State for a few days. Then he pro- poses to again ask United States District Attorney Foote to have Warren P. and Attorney Mackaye—and Wallace E. also, brought before the new Grand Jury for in- dictment, and if that doesn’t work he will lay the facts before Attorney-General Har- mon at Washington, D. C., he says. Judge Morrow of the United States Dis- trict Court discharged the Federal Grand Jury yesterday afternoon. He gave them | the usual acknowledgment of their ser- vices and very much regretted the Sum- merhayes incident Secrétary. s Haas had a little sur- prise in béing presented with a diamond locket from the other members of the re- tiring body ) YOUTHEL EDTORHERE George T. Davis Comes Down to the Bay From Nevada. He Was One of the Founders of the Carson Weekly, and Is Not Yet 15 Years of Age. While powerful presses and hundreds of | men are engaged in the occupation of pre- | ring our big newspapers for to-morrow’s | but just as siucere, are doing the best they can to gather the news of the day for the | few hundred subscribers on their books. George T. Davis of C: y, Nev. one of the youngest newspaper men on the Pacific Coast, at present a guest at the Oc- cidental Hotel, thinks just as much of the | Carson Weekly, which he helped to found some five years ago, as any millionaire journalist in the whole kingdom thinks of his own paper. “Yes, it is true,” said Mr. Davis to a | Carn reporter, *“that I am very much at- | tached to the Carson Weekly, whicn, by | the way, is the only paper in Nevada with- | out a dead-head list, and I hope some day | to see it come up with the State, when we get free coinage there, and be the leading paper of the capital ci There were three of ns in the combination when the people— yself. We | thing and dis- | iends for fun. i being children we and got in more news. e people began to cry for it, and we built up a circulation that was astonish In a few months we were in such good condition financially that after paying all our monthl 11s we | That settled it. had about $100 to divide up among three boys. rere is nothing like encouragement, and from that time on we did_better work and issued a better paper. We enlarged i nting plant, which was well patronized by the pnblic. About eiection time we hop into th political field and have something to say. Ve have never yet had a libel suit on onr hands, and I do not think we will ever be George T. Davis, a Youthful Editor From Nevada. [Sketched from life by a ** Call™ artist.) . really powerful until we have. It jsall| right to make money and get the news, but I notice that all papers of any stand- ing have libel suits occasionally and I hink we had better get in the ring. “We exchange with THE CaLL because it gives us news from all over the Pacific Coast and we can keep posted on the gen- eral situation. I don’t know just when L will go home. The paper is in good hands with the other fellows and they will never get scooped.’’ Mr. Davis is not yet 15 years of ace, but he has got a journalistic head on his shoulders thal would do credit to much older mnewspaper men. He considers Nevada the best school for writers, and Boims with pride to the fact that Twain, ret Harte, Rollin M. Daggett, Joe Good- man, Arthur McEwen, Dan DeQuille and others hail from the sagebrush State. INTEREST AT ATLANTA. California’s Exhibit and Exhibitors Working Wonders Among the Visitors to the Big Fair. Mrs. Lucy Underwood McCann writes from the Atlanta Exposition that the vis- itors to the great fair take the most intense interest in everything concer; Cali- fornia. Tectures on the State, illustrated by photographic stereopticon views, are given three or four times a week in the Auditorium to packed audiences, most of whom stay after the lectures to get further information. The lectures are given immediately after a concert by the Mexican National band. Maps exhibiting the topography and soit of California are first expiained and then slides are exhibited showing the results to be obtained by the small farmers to prove that California is not what the advocates of other sections claim, v “A rich man’s country, with ail the good places taken up, so thata poor man hasnoshow.’” The picturesque part of the State, its carnivals, scenic beauties and diversity o industries, are exhibited by slides. McCann writes that as a result dozens say “I am going to California. Your fruit exhibit half won me, but now that I have had a sight of your country my last doubt The thing is settled. I'm going to California.” . Mr. Crandall receives great praise. He is trying to teach the Easterners how to cook driéd fruit. Mrs. McCann said of him: *“The exhibit of cooking dried fruit draws crowds, to each of whom Mr. Cran- dall gives two or three delicious prunes. The people go away declaring that though they have been cooking dried fruit for years it never tastad like that.” | THE DURRANT NOT SENTENCED, A Continuance Is Granted at the Request of the De- fense. NEW AND UNENOWN EVIDENCE. The Prisoner Depeses That the Chron- icle and Examiner Prejudiced His Case. Judge Murphy’s silent courtroom awoke yesterday forenoon, and the well-known faces of the curious crowd that haunted the Durrant trial during its long-drawn- out series of sessions came back. Many of the spectators had been taking a vacation down in Judge CampbelFs court, where a new case furnished entertainment, and others had been flitting like uneasy wan- dering ghosts through the dark corridors of the great hall. Some had simply been resting from their labors. Theodore Durrant, accompanied by his father and attorneys, entered the court- room some time before the proceedings began. The prisoner was well dressed, calm and evidently fully anticipated the continuance of the case which followed. Mr. Deuprey physically seems to have re ceived the unkindest treatment, and his haggard and pale from well. When the case was called General Dick- inson arose and stated that he wished to make a motion for a new trial. “The defense makes the motion on the statutory grounds,” said the attorney, and further on the arounds that the trial s not so conducted as to g dant a fair and impartial tri guaranteed him by the I I have receivel information makes it necessa or me to ask for three | days’ further time in which to_prepare for argument and to compile additional davits if the new information upon inv tization warrants such a cours The story comes from a distance of over 100 miles and we need more time.” ; Judge Murphy was disposed to think that the defense had already consumed sufficient time and after sume discussion between the court and the attorneys from | both sides a continuance was granted till next Wedr ¥ morning. | Genera inson was directed by Judge furphy to furnish copies ot the aflidavits the District Attorney by Tuesday, that e prosecution might be weil prepared to | roceed without delay. His Honor sug- | wrested that the affidayits be filed immedi- | r. The attorneys of the defense agreed to do nd court adjourned. “I will not give any information regard- ing my new witnesses,” s neral Dick- inson. “‘nor the testimony which they will But I believe it will bring about a ed change, and until they are here 1 be protected. I say protected auee if they were kuown they would be rged with all the crimes on the calen- Teviled, persecuted and hounded out o 2 The newspapers, with the exception of JALL, would take up the cry, as they bhave done, ainst the people of the de- ense during all this tri and life would 1al to them, indee stain Lees does not consider that the - has new evidence that will prove 1y moment in the case or will be beneficial to Durrant. The prisonerat the County Jail refused to state what the new and mysterious evi- dence would be, but expressed himself as satisfied that it would procure him a new trial. He thinks that the course of the newspapers. especially that of the Chron- icle and Examiner, however censorious these journals have been, will be of bene- fit to him after all. The principal affidavit of the prisoner filed and upon which he will chiefly rely for a new trial is as long as the accounts of the trial published in the Examiner and Chronicle during its progress, and is a scorching arraignment of thosé journals. In it he claims that a course was pursued by those newspapers in attacking pros- pective witnesses for the defense before the trial began, making assertions as to the case one day and denying them the next, publishing the evidence in detail and thus giving the witnesses excluded from the courtroom full knowledge of all that went on, and stirring up public senti- ment against the prisoner with sensational and untrus storles with scare heads—all of which ténded to and did prevent the pri ]tmcrfronl getting a fair and impartial tri The affidavit begins by reciting that as soon as it became known that the defend- ant wanted to get the testimony of Charles H. Clark in Boston action was taken by the papers, apparently through the pro cution. to throw discredit upon Clark's character, and then quotes an article pub- lished in the Examiner, August 2, headed ‘lark’s Story Shaken.” Asa result, the ant says, Clark did not give the evi- dence he had outlined in Deuprey’s _office, 1d what he did testify to was indefinite nd comparatively worthless. aflidavit goes on to say that like s accorded witness Lenahan, Monnier and others, who, when they B changed their evidence from what it as stated to the aefend- ant’s attorneys. All these charges are fol- lowed by articles copied from the Exam- iner. The following are extracts from the affi- davit: That by such means, whenever it was ascer- tained thatany witness was likely to be called the defense, intimidation and threats and newspaper articles were published of a charac- ter to cause all persons who might have testi- fied for the defendant to refrain from coming forward and giving their direct testimony that would have given defendant a fair trial. * % * That the newspapers published and circu- lated false articlesone day and denied them the next; that so strong an impression was created in the public mind that he could not get a fair trial. He goes on and recites the case of Juror Brown, and tells of the efforts made by his counsel to have the court stop the papers from writing up the case as they were doing and says: That by reason of said failure to act in putting astop to the unbridled license of the press attacking this affiant end publishing untrue reports in regerd to him the news- papers continued to publish false and exag- gerated statements, which appeared one day and were denied the next, and so continued throughout the trinl of this ease until the close, thereby depriving the defendant and affiant herein a iree and impertial trial, a8 idenced by the following extracts from the n Fraucisco Chronicle and the Examiner. After quoting at length a number of articles from the Examiner and Chronicle he goes on and says that betore the open- ing statement was made in the trial all witnesses were ordered excluded from the courtroom, and continues: That, nevertheless, said order and said rule 80 made, the Daily Examiner and the Daily Chronicleeach morning thereafter, throughout the. whole trial, pnblished, verbatim et liter- atim, the questions and answers of every wit- ness who was orn and iestified in the case, 50 that every person called as a witness, before being so called upon the witness-stand, was well end fully aware of the testimony previ- ously given by each witness, to the same cffect as though personally present, and by said means this defendant and affiant was deprived of a fair and impartial trial and divested of sll rights in that relation, and the Judge of said court used for reference duriug the trial the report so published In said Chroniele. Then follow many pages of sensational heads taken from the Chronicle and Ex- aminer. The affidavit is very long, cover- ing 251 pages of typewritter Jegal cap. A second affidavit is swern to by W. A. Dur- rant, the prisoner’s father, and is in regard to remarks made by Juror Smyth after the trial as to how he came to a conclusion that the prisoner was guilty. In it he says: dre On the afternoon of that day, after the hed been instructed by the court and re ace shows him to be far | for deliberation, I am informed and believe and do aver the fact to be that they did not discuss or consider the testimony that had been given in the case. but arrived at this ver- dict without such discussion or consideraticn. Thet on the next day, Saturday, November 2, 1895, I met Horace Smyth, who was one of the jurors in said case. I met him on the cor- ner‘of Pine and Montgomery streets, in the City and County of San Francisco, and had & conversation with him regarding the trial, in which conversation he informed me that he did not believe “Theodore,” meaning tne de- fendant, because, he said, that Theodore testi- fied that he heard the piano being played in the church and that he fixed the vibrator and did what be did to the lights and went through the ceiling to the ladder and down to where the piano was, where he found Mr. King play- ing, in three minutes. He further stated that he, although an elderly man, was very active, and he knew that he could not have done this in _any such time. This is not the testimony as given by said de- | fendant at any time duriug his examination or cross-examination. The said juror at the said timeand place said that be would not believe any interested party in a case of this character. I'then said to him, “Then you do not believe Mrs. Durrant’s testi- mony?” 10 which he made no reply. The conyersation was opened by the said juror coming up to me on the street, shaking hands and expressing his sorrow for Mrs. Dur- rant and myseif end_saying that ‘‘Theodore,” meaning the defendant, bad convicted him- self by testifying to have accomplished all the work as above mentioned and referred toin three minutes and that was the testimony as he understood it. The third and last affidavit was made by the defendant and was in relation to the | alleged conversation between Juror Smyth and an Examiner reporter. In it he says: That Horace Smyth, who was & juror upon the trial of my case for the murder of Blanche Lamont, stated to a reporter upon the Ex- aminer, whose name 1 am not now acquainted with, shortly after my conviction, that the | most convineing proof of my guilt, to his mind, was something that had been'entirely | overlooked in the cross-cxamination by the | attorneys, and that he would have asked questions’ regarding it if he had not been so | shamefully treated’ by the newspapers; he would have questioned me while I wason the stand regarding the matter, and the matter s that in the examination of burners and the use of the card in cleaning the tips and turning the button, and walking the length of the chnrch and across the rafters, descending the ladder, etc., as testified to by me, he, the said Smyth, said I testified that 1did all this while George King was playing the piano, and that that was only for two or three minutes, and that it was an impossibility for me to ha done anything of the kind within the tim that it was an utter and physical impossibility to do it. And that he further stated to such reporter | examined into the matter to satisfy his own mind. That he had intended to question me closely regurding the matter, but that he wounld | be abused by the newspapers if he did so, and that my testimony in this regard gave the whole defense the -lie: that he considered I lied in regard to this matter, and if [ lied onee Iwould lie all the way through, and that my testimony as to the time spent in fixing the sunburner: ich was made an_impossibility Ly the te of King, was enough for him, and that if the jury had not been a unit for conviction he would have submitted this mat- ter to it for consideration. Iunderstand this conversation to refer to a time subsequent in nll respects to the time when the jury visited the church in charge of the Sheriff. Assistant District Attorney Peixotto was of the points brought up in the affidavits. A to the afiidavits In regard to Juror Smyth, therc is no danger. Courts cannot go into the reasons jurors have for finding & verdict. The rule of law is simple and decided. Jurors can- not impeach their own verdict, and the courts cannot go behind and impeach the methods by which the verdict was arrived at, unless, of course, in cases of corruption. And no court can lay down what time any man should take to determine any proposition. Courts have been known to render decisions imme- jately at the conclusion of the trial, and ies have been known to render verdicts Without leaving the box. As to the new evidence they claim to have. the law does not say newly discovered evi- dence, but newly discovered evidence which could not have been found and produced at the first trial. The evidence they claim is really ouly cumulative and not such as would give them a right to ask for a new trial. AFTER THE UTAH TRADE, Traffic Manager Curtis Continues His Campaign of Educa- tion. Local Merchants Earnestly Requested to Make Application for Cut Rates. Traffic Manager Curtis of the Traffic As- sociation is delermined to maintain his campaign of agitation and education rela- | tive to the matter of fair and equitable rates into Utah from the Pacific Coast, and more particularly from San Francisco. Although both he and the representa- tive of the Southern Pacific Company came away from the Salt Lake conference without material results, neither Mr. Cur- tis nor the railroad people have by any means given up the fight. On the cou- trary the more the matter is investigated the more unfair appears to be the position taken by the Trans-Missouri Freight Rate Committee, which has heretofcre opposed the desired readjustment of rates between the Pacific Coast and Utah. Ever since the adjournment of the Salt Lake conference the Southern Pacific Com- pany has been making such cats as were found expedient, and now Traflic Manager Curtis is out with a letter of information and appeal to the merchants of San Fran- cisco, intended to make the opposition see the error of Its ways. It will be generally circulated in a few days. ) After outlining the situation and point- ing out the discriminations against the San Francisco jobber, which prevent him from entering the Utah field, the letter says: We are endeavoring to secure rates between California and Utah so based as to give us the whip hand in that Territory. The railway lines east of the Missouri River, namely: The Union Pacific_Railway; Burlington and Mis- souri River Railway; Rio Grande Western Ratiway; Denver and Ri de Railway; Colorado Midland Reilway; Missouri Paci. Railway; Atchison, Topeka and Santa Fe Rail- way; Chicago, Rock Island and Pacific Rail- way, and Union Pacific, Denver and Gulf Rail- way, are members of and comprise what is kuown as the Trans-Missouri Freight Rate Committee, the headquarters of which is in Kansas City and of which W. A. Poteet is chairman. "The association met in Salt Lake City on the 28th day of October for the express prirposs cf settiing e question of rates to tah. 1found on arrival in Salt Lake City that the representatives of the several railway lines nad been industrious!y circulating the story that if lower rates were granted to San Fran- cisco, it would have the effect of taking away the trade of the Salt Lake City jobber and placing the same in the hands of the San Francisco jobber. The Salt' Luke merchant objects to a rate ad- justment which wiil permit shipment, say irom Chicago to San Francisco and back to Salt Lake City, at a rate which isdess than the rate he can secure from Chicago direct to Salt ake. What we seek in Utah is that we be placed on & proper and consistent footing as regards our proximity to the Utah market, which foot- ing we contend is that from San Francisco to Utah (i. e. Salt Lake City as the basing point) our rate shall be, or approximate, the same rate per mile as is granted our Eastern com- petitors to Utah, If you are a shipper to Utah or wish to be one and feel t! certain rates will permit you to ship, or if you are a shipper from Utah and want rates on a given article, we request that you call on the Traflic Association of Cali- fcrnia at room 42, 214 Pine street,and your case will receive immediate attention. It is pertinent here to remark thatin nine out of ten cases immediate relief is obtained. In the meantime the general freight agents ?o‘rn‘ll:‘i lglnfli—mmimufl lines have had an in- eeting in Chicago and are pressing the Southern Pacific Company to again Tent them in the endeavor to settie this question, and that company has replied that it is willing tomeet them in" either Ogden or Salt Lake City at any time which may be agreed. 1t has been m"'f years ‘since the merchant of San Francisco felt ‘that he could look to and hold a proper share of Utah business against all comers, and this communication is in- tended to call your attention to the changed relations, and to admonish you, however, that even with the advantage of reduced rates, a due proportion of the business can be drawn this way only by the display of proper enter- prise and aggressiveness. | | hich | that he had be€n out to the church himselfand | asked yesterday afternoon what he thought | MORE HOWELL MOTIONS, The Third Trial of the Accused Counterfeiter Still in the Future. MR. MURRAY HAS A PARDON. Attorney Campbell Tries Hard to Have the Testimony of Accomplices Ruled Out. Still the third trial of Martin D. Howell is in the prospective. It was to have com- menced yesterday morning, but Mr. Camp- bell had still another motion to make on behalf of his client, so the jury was ex- cused again and the rest of the day was consumed in aryuing and citing authori- ties on both sides of the question whether 2 person once convicted of crimeis eligible as a witness in the Federal courts of this State. When court opened in the morning Judge Morrow rendered his decision on Mr. Camphell’s motion to compel the Gov- ernment to elect on which counts of the indictment the prisoner should be tried. On the first part of the motion the court’s decision was that the same point—as to the indictment making three counts out of the one offense of receiving one package of counterfeit coin containing pieces of three different denominations—had already been passed upon in favor of the indictment 1 the opinion rendered on the plea of abate- me=t, and that the opinion should still stand. On the second clause of the motion, that the Government be compelled to elect whether to try the defendant on the counts charging the possession and pass- g of counterfeit bills or those charging the possession and passing of counterfeit coins, Judge Morrow said that for the present he would overrule the motion, but that, as the trial progressed, if the evidence showed that the two crimes were not closely related, he would then reconsider the motion. Then the Government’s witnesses were sworn in a body and Assistant United States Attorney Knight arose to make his opening statement to the jury. But Mr. Campbell had another motion to make—a twofold motion. He objected to the in- troduction of the testimony of Murray and of Marsh. And Mr. Knight had a surprise in store for Mr. Campbell in this connection. There may be in the distant future some remedy as efficacious as Paine’s celery compound. There is none such to-day. The sick and ailing who are stretching out their hands for help must take the best that the scientific medical knowledge of the world now affords. The reasoning that has enabled Prof. “Murray is a convicted criminal and there- fore cannot testify,” said Mr. Campbell. “‘He has been pardoned,” caimly said Mr. Knight. Tableau. Murray and Marsh were members of the orth Beach gang of counterfeiters. Mur- ay pieaded guilty and took his medicine. Marsh is still held under indictment as an accomplice of Howell. It took Mr. Camp- vell a second or two to recover his wind when Mr. Knight gave the news of Mur- ray’s pardon, for the authorities hold, it is pretty well established, that a pardon restores the conviet to his former standing in the courts and as a citizen. But Mr. Campbell came up smiling. He urged that the pardon was unavailing in the absence of any statute to the contrary. He urged also, therebv showing a wonder- ful fertility of resource, that at least Marsh’s testimony was ‘not allowable, be- cause—wellghecause, though the authori- ties cited held that a man could only be incapacitated as a witness after the sen- tence of the court had been passed upon him, yet the infamy was, after all, due to the crime and not to the sentence, and Marsh’s interest in the case at issue was suflicient to debar him. % Virtually Mr. Campbell, who is a prince of debaters, argued that the testimony of a guilty accomplice would not be valid against his innocent client, the said client being admitted as the accomplice of the guilty Marsh; or that at least is the way the argument looked to the men in the back seats. Just how Judge Morrow will view the matter will probably be known Monday morning, but Mr. Knight con- tented himself with remarking that the court had already passed upon this point in the former trial and in submitting au- thorities to corroborate that former opin- ion. The jury is due in court Monday morning at 10 o’clock. ranted a Writ. The Supreme Court has granted a writ of prohibition to Jacob A. Fischer and others against the Superior Courts of San Francisco, preventing them from proceeding sgainst Fischer for contempt and from appointing John F. Pinkham a receiver of the Consoli- dated Golden Gate and Sulphuret Mining and Development Compan Charles J. Behlow and others were suing Fischer and the mining company for an accounting and for the ap- pointment of a receiver to take charge of the property in the meanwhile, at the same time enjoining the defendants’ from interfering with the property in any way. They disre- garded this injunction and were cited for con- tempt, but the Supreme Court has stopped any further proceedings in either case, THROAT PARALYSIS, From the Courier-Herald, Saginaw, Mich. It was publicly talked all over<Clare County, Mich., for some time before the Courier-Herald sent a reporter to Dover to fully investigate the Edward E. Phelps, M.D., LL.D., of Dart- mouth College to discover the remarkable formula of Paine’s celery compound is the resnlt of the century’s work in medicine. It is by a new and more thoughtful grouping of diseases, from a careful study of their causes, that Prof. Phelps has been enabled to see the true relationship of all diseases of the blood and nerves. Neuralgia, sleeplessness, melancholia, hysteria, headache and dyspepsia at once referred themselves to a tired, hali-fed and therefore deranged nervous system. The cure lay in attending to the nutri- tion of the whole system. This system of cure, simple and clear like most epoch- making ideas, was embodied in the great- est tissue-former. nerve-restorer and regu- lator yet known to science—Paine’s celery compouud, the one great remedy that makes people well ! Persons who complained of feeling ‘‘tired to death’ and sought a competent invig: orator, as soon as their physicians ordered COULDN'T AFFORD TO LOAF. Four Bottles of Paine’s Gelery Gom- ~ pound Made Him Well! Paine’s celery compound felt that their tired bodies were actually taking a new start. Their strength rapidly returned. They were no more troubled with sleepless nights, and their aays were no longer made wretched by neuralgia and rhenmatism. Constipation, that stores up in the body substances long since worse than useless to the body and a menace to the health, is looked after. Any one trcubled with this obstinate hindrance to health will find a positive and lasting cure in Paine's celery compound. 1t takes a very short time to_settle any doubts on the matter by giving Paine’s celery compound a trial. Mr. John Holland, whose portrait i above, is a parlor car conductor, home is in Jersey City. He writes: “I wish to give my testimony of the great benefit Paine’s celery compound has done me. A year ago I bad typhoid fever, and later I had to have an operation in my side for an abscess over the liver. This left me very weak. I grew very nervousand could not sleep. I was tired even more after I got up tgnn T was when I went to bed. I have taken four bottles of Paine's celery compound, and am perfectly well! I have sent six botties to some friends in Virginia. One, although he has taken only a bottle of it, feels much better and sleeps well.” Paine’s celery compound puts the system on a healthy, strong basis, safe from dis- ease. Try itif you are ng, and a trial will speedily convince you. s given whose INSURANCE. STATEMENT —OF THE— CONDITION AND AFFAIRS —OF THE— HELVETIA SWISS FIRE INSURANCE COMPANY ¥ SAINT GALL, SWITZERLAND, ON THE 31st day of December, 1894, and for the year ending on that day, as made to the Insurance Commissioner of the State of California, pursuant to the provisions of sections 610 and 611 of the Politival Code, condensed as per blank furnished by the Commissioner. | Capital $2,000,000 00 Amou: & 400,000 00 Cash. ASSETS. Real Estate owned by Company. $42,000 00 Loans on Bond and Mortgage 619,495 21 Cash Market Value of all Stocl Bonds owned by Company. 757,517 43 Cash in Company’s Office ang Banks. Vepsia 259,544 79 Interest due and accrued on Bonds | and Mortgages.. 21,786 T4 Premiums in due Course “of Coliec- tion... . . 171,679 33 ‘Total Assets LIABILITIES. Losses Adjusted and unpaid. . TLosses in process of Adjustment o in Suspense. Tosses resisted inciuding expenses Gross premiums on Fire Risks run- ningone year or less, 618,397 88, 1 i J» $72,666 67 Coulter matter. He finally went, and we pub- lish to-day his full report. The Coulters are prominent people, though Mrs. C., in response 10 the question whether she objected to go n interviewed, said, “Certainly not.” Her story follows: “About fourteen years ago we decided to teke up our abode in Dover and everythin wen® along smeothly for several years, busi- ness progressed, and being of a saving temper- ament we accumulated quite an amount. Our family increased as the years rolled by and we now have five children living, the oldest 15, youngest 3, but sickness made its way into our ousehold and doctors’ bills flooded upon us until we have nothing Jeit but our home and these sweet children. Everything went to sat- isfy the claims of physicians. “About three years ago I had a miserable feeling at the back of my ears, my right hand became paralyzed and the paralysis extended to my arm and throat and would affect my head and eyes. Sometimes for days I would lose my sight, my face was deformed, lifeless as it were, my nose was drawn to one side and I presented a pitiable appearance and never expected to regain my natural facial expres- sions. 1 employed the best physicians that could be procured, expending thousands of dollars for their services, but could not op- win refief. At last they stated that m case was beyond the reach of medical skill and it would be but a short time until the end would come. ‘lhis certainly was not very encouraging to me, but I never gave u hope. In connection with receiving the attend- ance of physicians I have tried every medicine known_to the apothecary, but never received any relief unti:’ Dr. Willilams’ Pink Pills for Pale People came to my assistance. Before 1 had taken half of the first box the delormlli in my face had left me, and beiore four boxes had been consumed the paralysis had diseppeared entirelv and much to my surprise I felt like a new woman. Ihave not taken any medicine since last spring, just about a year ago, and my trouble has not appeared since. I owe my health and life to Dr. Williams’ Pink Pills. “A shert time since my son John was af- flicted with St. Vitus’ dance. He could not walk across the room without assistance, in fact, he would fall all over himself, hut after taking a few boxes of Dr. Willia, Pink Pills St. Vitus’ dance entirely left him, and no trace of the affliction is left. These Pills are worth their welfim in gold. You may say in this con- nection that I am willing at any time to make aflidavit to the truth of these statements, and furthermore I will answer any communication concerning my case, as I consider it nothing more than right and just that Ishould assist lllfllel'"l? humanity.” Dr. Williamys' Pink Pills contain all the ele- ments necessary to give new life and richness to the blood and restore shattered nerves. They are for sale by all_druggists, or may be had by mail from Dr. Williams’ Medicine Company, Schenecudg, N. Y., for 50 cents per box, or six boxes for $2 50. reinsurance 50 per cent. .. 809,19894 Gross premiums on Fire Risks run- ning more than one year, $151,- 773 31, reinsurance pro rata...... 121,418 65 Due and accrued for Salarics, Rent, ete. .. 12,600 00 All other demands against the Com- pany.. 189,841 54 Total Liabilities. $705,225 80 INCOME. Net Cashactually recelved for Flre remiums. .. & . nee;;‘lved for in . ks % origages. . % % Received or i ds Thee on Bonds, Stocks, Loans and from &l other source: 28,01814 Total Income. $760,989 54 EXPENDITURES. Net amount pald for Fire Losse: $382,035 09 Dividends to Stockholders. 000 ¥aid or allowed for Co e rokerage 104, Paid tor aiaries, fées and S charges for oflicers, clerks, etc. . Paid for Biae, Natiooal and ecal ‘516262 % 2 17,637 06 ments and " expendi- & i 45,850 63 Total Expenditures... veees. $686,913 51 RISKS AND FIRE PREMIUNS. RISKS. i PREMIUMS. Net amount of Risks written dur- ing the year........ Net amonnt of Risks expired dur- $758,764,652|$1,443,733 54 ing the year.. .| 527,940,340 799,898 33 Net amount in force December 1, 1894...... 409,157,900 770,171 19 F. HALTMAYER, President. M. J. GROSSMANYN, Secretarv. Subscribed and sworn to before me, this 6th of April, 1895. Ts H. zuLLIKul-‘ER.d” United States Vice-Consul-General. INSURANCE. STATEMENT ....OF THE.... CONDITION AND AFFAIRS «..OF THE.... BALOISE FIRE INSURANCE COMPANY F BASLE, SWITZERLAND, ON THE 81ST day of December, A. D. 1894, and for the year ending on that day, as made to the Insurance Com- missioner of the State of California, pursuant_to the provisions of sections 610 and 611 of the Po- litical Code, condensed as per blank furnished by the Conmissioner. CAPITAL. Capital.. $2,000,000 00 Amount in Cash. 400,000 00 ASSETS. g | Real Estate owned by Company. $265,819 24 Loans on Bond ani Morcgage. $38,800 00 Cash Market Value of all St and Bonds owned by Company. 188,051 14 Cash in Company's Uffice and i Banks. sobeaaioin e 108,978, 88 Interest due and accrued on ail Stocks and Loans............ e 1,51233 Interest_aue and accraed on Bonds and Mortgages. 5 P 4,208 65 Premiums in due Course of Collec- tion.. .. 111,386 41 Due from other Companies for Re- insurance on Losses already Paid 2,511 83 Total Assets & 51,215 93 LIABILITIES. Losses Adjusted and Unpaid........ $42,471 20 Tosses in process of Adjustment or 1n Suspense. T . 27,95240 Gross Premiums on Fire Risks run- ning one year or less, $454,- 971 31; Reinsurance 50 per cent. .. 22748565 Gross premiums on Fire Risks run- ning more than one year, §78,- 94374: Relnsurance prorata.. 48,945 11 Cash dividends remaining unpaid 204 00 Total Liabilitie $347.058 36 INCOME. Net Cash actually received for Fire 535,015 05 fromm ait oCher sonrsen oy 22 conimar Received for Rents. 11,270 73 Total Income... . $574,501 95 0 ; EXPENDITURES. Pard Tor Saries Foes and e R Charges for ofticers, clerks, atc.. 51,145 51 Paid for State, National and local taxes.. All other payments tures... ‘Total Expenditures. . RISKS AND PrEMIUMS. Net amount of Risks written during the FORE: e, Lo ity 1403, Fe LS $180,403,019| $498,532 55 FiRe Risxe. | PREMIOMS. expired during the| ° ,N%n = 38,974,577 78,181 90 December 31, 1894..| 200,029,740, 533,915 05 R. ISELIN, President. i A. TROXLER, Manager. sworn to before me, this 5th d: of April, 1895. GEORGE GI FF:)KD, - United States Consul. SYZ & CO. ‘GENERAL AGENTS, 410 California Street. — e SYZ & CO, GENERAL AGENTS, 410 California Street. e e e FIVE CENTS G\, Will take you from a: D\ pare of the city direcs 10 our offices. where the best Electric Belts, with 21l the iatest {mprove: ments, had at GREATLY RE PE!CESE ; DUCED %~ Call or write for free “Pamphlet No. 2.” MAGNETIC TRUSS COM- PANY, DR. PIERCE & SON, 704 Sscramente street, ¥an Francisco, BLOOD:POISON HAYVE YOU €600rsi ™S, SRR 0182 TR el v 000k ago, Xil., for (s of cures. e.‘ et forst cases cured book free.