The San Francisco Call. Newspaper, December 3, 1895, Page 8

8 THE S8 AN FRANCISCO CALL, TUESDAY, DECEMBER '3, 1895. 0 A S e e o oo e v i e s s S SR e B = R S el I B S i B e S S B B e B M e flesh, appearance and habits of the steel- head are in all respects similar to those of the common salmon. When it runs in from the ocean to spawn it is fully ma- tured and is an (‘xceYlent and cheap food fish. About 1,000,000 pounds of these fish are caught and used for food every year. If it should be officially estakblished that the steelhead is a trout and not a salmon, and if the present law regarding the catch- ing and selling of trout is applied to steel- heads, the public will be deprived of 1,000, 000 pounds of fish food, because the steel- heads come and go during the closed season. All that the public would receive for this peculiar protection of steelheads would be brook trout, the offspring of the steelhead, and these in turn would run out to sea as soon as the next season’s freshets began to flow. In other words, it is claimed that the public would lose a mil- lion pounds of good cheap food fish and have nothing to show for the loss. The Fish Commissioners on the other SEVEN NEW SERGEANTS. Three Detectives, Two Corporals and Sixteen Policemen Also Named. CROWLEY IS REAPPOINTED. Four Sergeants and Fifty-Eight Police- men Yet to Be Named by the Commissioners. hand will present the law upsn the pro- tection of trout and contend that the steel- head is of that family under Dr. Jordan’s SR N decision. Dr. Jordan and Dr. C. H. Gil- The Board of Police Commis bert of Stanford College will be summoned through Chief Crowley, anuounced or the Commissioners. day the appointment of seven n as expert witness PRIES FOR CALIFORNA Gold, Silver and Bronze Medals and Diplomas Won at Atlanta. geants, two corporals, three detectives and sixteen patrolmen. Chief Crowley was also reappointed, making the ninth con- tive e this honor has been con- ed upon him since the office was placed at the disposal of the Police Commission- The names of the new officers and men are as follows: uts—C. F. Blanck, John Mooney, M. O. anus, C. P. Wright, , Robert Marshall. ‘Green and Harry Gleason. Anthony, Thomas Dilion, ers. patri List of the Successful Exhibitors Who Competed With the World in Georgia. 30, American Treland, laporer; Hurd, 7S California has covered herself with glory at the International Cotton Exposition held at Atlanta, Ga., and has won more medals, honors and diplomas than any other State in the Union. Los Angeles | was the first to go to the front on the proposition of sending an exhibit of Cali- fornia products to the exposition, and for rank Kenville, 25, C . Hart, 30, Ireland, team- California, cler] 2, Ireland, laborer: . erican, Iaborer; Lugene lifornia, clerk. Of the new sergeants Blanck, Mooney, = : S 1 Anderson McManus are |8 time it looked as though only the| 1 the ranks, w Wright southern part of the State would be re formerly corporals. ~Ander- | represented. v have been detailed to ptain Gillin, and Blanck are placed in Captain Witt- t Wright is as hall going in a J. A. Filcher, manager and secretary of the State Board of Trade, located in this City, wus determined that the northern and middle sections should be represented, and after an endless amount of work he overcame the obstacles in the way of the project, and carried to the Georgia fair one of the st hibits that was ever col- duties he so long faithfully patrolman, nam keeper ic new corporals, Green and Gleason, have been assigned to duty i Chief’s | lected in the State. It was through Mr. oftice. The newly sointed detectives, | Filcher’s efforts that all parts of the State Anthony, Dillon and Cro have been | consolidated in the undertaking. detective The labor involved and the money ex- pended has been ampiy repaid by Cali fornia carrving off more prizes and honors than any other State. The following list of compe! rs who won prizes, ete., will satisfy almost any one that the exhibit | from California was made to a very good purpose uly the y now placed on re; sergeants yet to be na 1t is under: will be the fore allowed by law. ¢ filied” and we been over at on up to the For the posi % 0 the State of Cali- exhibit_ot the luding the ter tor the { exhibits of the California oard of Trade and the Los Angeles Chamber of Commerce, nd for effi | expositio: | _Iiighest awards and gold medals—California d | state Board of Trade, fruits and farm products, California Stafe Board of Trade, agricul- :xhibits of the State; Ellwood Cooper, rbara, olive o erne Vineyard, rs. O'Hara, leatlicr portieres. st in their class—Silver medals—Bus- y's olive grove, Coucord, olive oil; General ohn Bidwell, wheat and other grains grown sced furnished by the United S ; Chamber of Comme fresh frui tin glass, v ward Good n ently promoting the objects of the the new law C highly pleased with tl ence r lot of an men ailed of election. He was Kimbell, Mr. Crowley ma Emalits 1e office of Chief, W. W, nocratic Board to e >xChange, since held Los During al ompany ott, White B pany, three enir, Cresta Blanca Sauterne, St J n Souven: California. State Board of Trade, citrus and other tropical fruits pre- Californin State of Trade, min- | Mrs. E. Shields, Sacremento, dried aud_evaporated fruits; Por- terville Horticultural Society, Ferris wheel and surroundings merce, orange tower; Cali Trade, laneous products; H. J. Woola- cot eles, claret; W. W, Bliss, Los An- wel dried rruits; Los Angecles Chamber of Commerce, fresh fruite, iruits in glasses, vege- tables, grain, wine, sugar and nuis in variety. Award of bronze medals, second in their of Chief of Police. Vs new district extends to the south, thence along venth, atong that sireet to | t to Waller and thence A PISCATORIAL QUESTION, Courts to Decide Whether the Steelhead Is a Salmon or a Trout. the office hamber of Com- 1ia State Board of Lansingh, Los Angeles, silk istieally iss, dried froits a Lausingh, Los . Lawton. Lo W. Broadba California arranged; ) raw and spu: fountain-pen; George geles, comb honey Juice Company, Los An Muscat grape julce, ci : nott, O A. Lensingh, Los A Dr. D. S. Jordan and the Fishermen Disagree as to Which Family e 0p & Co., Los An- geles, iruits in glasses: Chino Ranch Company, Los Aneeles, sugar from the beet; Ventura County, field and garden beans; William V. Lamphar, Los Angeles, mescal fi 1t Belongs. A 'BfcCormick, Tropico, Irish . potatoes, : seeond_crop, 1805: "airs. W, H."Stron = Whittier, pamps ume: an The question whether the “steelhead” | San Jose Board of irade. field and garden s belongs to the salmen or the trout family | J. mmock, Whittier, collectt ¥ | Gunalach & bernet Savigno § will soon be settled in court. Dr. David Starr Jordan, the renowned piscatorial ex- pert, now at the head of the Stanford Jr. University, has declared that these fish belong to the trout family, but the fisher- men, not those who fish for sport, but those who catch fish for a living, have de- cided that the steelhead is a salmon. Up to 1890 the steelhead was regarded Co., C T1. Upham, Burgundy red; Inglenook Vineyard Company, claret: Los Angeles County, {resh fruits, fruits in giass acd dried fruits; Califor- nia State Board of Trade, almopds, walnuts, olives, chestnuts and peanuts; Bishop & Co., fruits'in giass, preserved in syrup; 8. R. Thorpe, Los Angeles, apricots; California Condensed Juice Company, Los Gatos, condensed sweet Muscat grape juice; Los Nietos Ranchitos, Walnut Growers' Association, English walnuts, thin skiuned. Honorable mention—Barnard, Densmore & as a salmon, but Dr. Jordan, aiter an ex- haustive research, passed judgment that the public bad been in error. session of the State Legislature an act was Tas!ed prohibiting the sale of any trout between November 1 and April 1, but the pessession of trout when taken with a hook and line in tidewaters could not be considered as a violation of the law. Asa rule nearly all the steelheads were caught with nets in the rivers when they ran in from the sea to spawn. These fish begin to run in about the 1st of December, and they always return to the ocean before April 1. The Fish Commissioners have decided to enforce the law passed at the last Leg- islature and on Saturday Deputy Babcock notified all of the fish-dealers that if they attempted to handle or sell any steelhead trout they would bearrested. This action is not based upon the Commissioners’ opinions but uppn the law as it stands and_the decision of Dr.Jordan that the steelhead is a trout. The fishermen and fish-dealers did not take kindly to this edict and on Sunday they held an interesting meeting, at whch it wasdecided ubat they would fight the Fish Commissioners and "Dr. Jordan’s opinion in the courts. Money was at once subscribed for a lawyer’s fee and a com- mittee, consisting of A. Paladini and A. Inguglia, was appointed to engage the ser- vices of a competent attorney. Yesterday the committee called upon At the last Co., jams, jellies, marmalade, crystallized fruits; W. W. Blist, Duarte, dried fruits; Thacker, Oj Mediterranean sweet oranges; California State Board of Trade, vegetable seeds in great varjety; Bishop & Co., Los Ange- les, preserved citron of commerce; G. S. Spear, Los Angeles County, Tokay and Muscat grapes: Stephen Martinelli, Watsonville, apple cider; Tibureio Parrott, Burgundy; Ruby Hill Vine: jord Compuny, Zinfundel; William V. Lamp- er. mescal; Californin State Board of Trade, ornamental receptacle for plants; Calliornia State Bonrde of Trade. small fruits in glasses; Mre, H. W. R. Strong, English walnuts; Nicho- las Cochems, wlmonds. 2 BATHED IN THE TANK. Complaint Made to the Police by the Principal of the Garfleld®rimary School. Miss Mary A. Schever, principal-of the Garfield Primary 8chool, on Union street, between Montgomery and Kearny, made a complaint at police headqnarters yesterday afternoon about the conduct of a number of young hoodlums and asked for police protection. She said she had complained toa sergeant in the district, but he had paid no attention to her. The hoodlums were constantly annoy- ing and insulting the pupils attending the school, besides breaking the windows and doing other damage. On Saturday they hud emptied the ash- Deputy Babcock and notified him of the | barrels and scattered the contents over the stand “the fish-dealers had taken. They |yard. They had done worse by bathing in said that in order to makea test of the case | the tank containing the water used for as’soon as possible they had sent word to | drinking purposes by the teachers and the fishermen to forward the very first | scholars. "They were seen by some of the catch. ‘When the first steelhead arrives | residents in the neighborhood - of the they will notify the Deputy Commissioner | school, and the water itself gave sufficient to whom they desire to sell the fish, and in | evidence of the fact. order that the evidence may be complete A special watch will be kept on the they will give Lim = bill of sale of the | school, and if any of the young hoodlums article and surrender as soon as there is a | are arrested an example will be made of warrant out for the arrest of any of their | them. members. - This action on the part of the fish-dealers was no doubt bastened by the arrest of a fisherman on Eel River, in Humboldt County, by Deputy Huestis. The fisher- men state that the offending captive was acquittea by a jury last Saturday. One of the Eel River men came to this City and brought with him a purse_raised to assist in contesting the test case in this City. The contest of the fishermen will prob- ably be based on these lines: That the 1 BT L An Unpaid Detective. Anthony McLean, whose suit for a divorce from Carrie McLean caused something of a sensation some months ago, is now being sned by Charles W. Dowling for $557 for detective nire. Dowling alleges that he was hired to do rivate detective work on the casé for Mc- Lean, but that he has never peen paid for his services. What his work was Dowling does not say in_his complaint; he merely alleges ;hnli he did the work and wants the money or it. THRASHED BY A JUSTICE, Attorney Newberg Arouses a Large- Amount of Judicial Wrath. HE MADE SLURRING REMARKS. An Encounter in Which Justice of the Peace Groezinger Played a Star Part. Justice of the Peace Groezinger demon- strated yesterday that the “strong arm of the law” is not a mere figure of speech, and that when occasion requires he can uphold the dignity of his position in a manner calculated to give his critics a proper realization of his prowess. Attorney Newberg was the person who aroused the judicial ire, and in future will probably confine his comments to a sotto voce or the privacy of his home. Newbery was the attorney for Sadie Nichols, who was charged by Elizabeth Blake, an elder- ly widow, with fraud in connection with a chattel mortgage transaction, and who was sued by the widow for the return of the money that changed hands in the mat- ter. The Judge decided that a receiver for the property was necessary and appointed one to take charge of it. Newbery carried the case to the Superior Court, and not being able to procure a reversal of the judgment seemed to think that he had bteen badly treated and began to make caustic com- ments on the ability and personality of the Justice. The latter paid no attention to the mat- ter so long as they did not reach his ears direct, but he drew the line when Newberg began to abuse him within hearing dis- tance. The strained relations between bench and bar reached a climax yesterday when Newberg, who was_descending a stairway at the New City Hall just behind his Honor, muade a slurring remark that | reached the judicial ears. ~Quick as a flash e turned and seizing Newberg by r prepared to chastise him soundly. “You have insulted me long enough both behind my bask and to my face,” hie thundered, “and I propose to show you right here that I will not be slandered by such a specimen as you.” The Justice’s right hand went back as if for a blow and the spectators expected to | see the writhing attorney felled to the floor. The judicial mind changed, however, and instead of striking Newbergz Mr. Gro r seized him with both hands and, sh ng him until his teeth rattled, | threw him from him with great force, re- mark ow let that be a lesson to you and don’t ever speak to me or of me except in oven court.” The force of the push sent Newberg against the iron railing of the stairway, | insist upon making her d. went on to Washington at once, and there lie was given his appointment. He is now on his way back to this City, by way of Port Townsend, and may arrive at any time. Custodian Wise of the Government buildings will probably find him an_office in the Appraisers’ building on the fourth floor, unless it may be thought more con- venient to have office at the Potrero. The prospective building of the two new revenue steamers here, one to cost $200,000 and be for coast service, and the other to cost §50,000 and to take the place of the Hartley in the harbor, has probably served as one reason for Secretary Carlisle’s crea- tion of the office here of superintendent of construction, Quite a number of changes are antici- pated in the revenue cutter service, but it | 1s not expected that any will be made until the court-martialing of Captain Healy, late of the Bear. Several of the older ofti cers may be retired, as the last Congress passed an act fixing an age limit and re- tiring officers over 65 years of age. Here. | tofore superannuated officers were simply | placed on ‘“waiting orders” at three- fourths pay; but those who are to vo on the retired list will receive only haif pay. Captain Healy was a visitor to the Cus- tom-house yesterday. THE BABCOCK'S MASCOT, Captain Graham’s Little Daughter Is So Considered by the Crew. One of Uncle Sam'’s Clippers That Had a Terrible Time in the Far South. The American ship W. F. Babzock, now discharging at Green-street wharf, is one of the handsomest vessels in port. In spite of an unusually heavy experience in rounding the Horn she came in through the Golden Gate as spick and span as a yacht. In attempting to catch a favorable wind Captain Graham took his ship away down to 61 degrees south, and although for days everything was frozen hard, not a man on board was the worse for the expe- rience. The captain is accompanied by his wife and little daughter. The latter is called the mascot by the sailors, and they say that had it not been for her the good ship would never have pulled through. There was a goat aboard during this voyage from Liverpool, and every day in the week, rain or shine, snow or hail, little Gladys had to visit her pet. When her father was on the bridge navigating the ship the little bit of a tot—she is not 3 years old—would y call at the goat's pen, and one of the big burly tars woulid take her in_ his arms and carry her gingerly to where her precious charge was housed. Everybody on board the Babcock makes a pet of Gladys and her orders are obeyed with far greater alacrity than those of her father. “Jo all my experience as a seaman,” said Captain Graham yesterday, ‘I never had such a hard time of it rounding the Horn. It was one gale after another, and whence he slipped to the floor. The encounter the frightened over so quickly that | berg had barely time | when we ran away south the ropes froze in the blocks, and for about twclve hours we could not work the ship. Some of the to yell “I never said anything against on” before Justice Groezinger went off in high dudgeon, vowing i vffenses were repeated to administer a sound thrashing. Justice Groezinger, though not above medium height, is compactly built, and an early athletic training has bardened his muscles to such an extent that he might handle much heavier men than himself. The object of his wrath is much larger than the Justice, but will probably heed the warning and avoid treading on the judicial coat-tail. — REVENUE OFFICE CREATED, Appointment Given to Commo- dore Hooper of the Cutter Fleet. Secretary Carlisle Makes Him Super- intendent of Construction at This Port. Commodore Calvin L. Hooper of the revenue cutter fleet has received the ap- pointment from the Treasury Department of Superintendent of Construction for ¢he Pacific Coast. This is an office created but recently, and Secretary Carlisle considers it an im- portant one. The idea of economy has had something to do with the making of the office. Heretofore commanders of the revenue cutters have been in the habit, 1t is said, of putting in ~equisitions for what- ever repairs they thought were necessary, and sometimes they ran up some pretty high bills against the Government. Com- modore Hooper’s duty will be to see, in tte future, that only such repairs are to be made as areabsolutely necessary for the seaworthiness of the fleet, and the proper comfort of the officers and men. ‘The senior officer of the flcet, who has just been given this position, bas been in the revenue cutter service for almost thirty years. He is going on toward 60 years of age. He first came to the Califor- nia coast for duty in 1886. His home is in Oakland. @ Last season no war vessels were sent to Alaskan waters, the work of patrolling the coast and islands and keeping out seal- poachers beinz assigned to the revenue flect, with Captain Hooper of the Rush in command. Besides the flagship Rush, there were in the flcet the Bear, Corwin, Perry, Walcott and Grant. ‘When the ficet returned Captain Hooper men got frostbitten, but not seriously; but once we got a straight slant for San Fran- cisco it did not take us long to come bowling along.”’ From Ban Francisco the Babcock will o to Honolulu to load sugar for New York or Philadelphia. The factories back East are all shortof raw sugar and the chances are that quite a number of American vessels will follow the Bab- cock in rapid succession. The cargo of coal now aboard may not be all taken out, as this market is glutted, and black dia- monds command a good price in Hono- lulu. If an understanding with the own- erscan be reached Captain Graham will take a certain quantity of his load to the islands instead of ballast. The W. F. Babcock was named after the entleman of that name who died in San Francisco some years ago. His son still resides here and retains a_considerable in- terest in the ship. She was built in Bath, Me., by Arthur gewell & Co., and is 260 feet over-all, 44 feet beam and 28 feet deep. During her long career at sea she has never been seriously disabled and is now one of the fastbst ships afloat. She is a fine sample of the American merchant marine. Belonging to th built by Sewell & Co. are t! which sailed a foew davs ago; the Susque hanna, now in port; the anoke, now on her way here; the Dirigo, the only steel ship ever built in America, and also on her way here; the John Rosenfeld and the Willie Rosenfeld, named after the father and son of the well-tnown firm of John Rosenfeld’s Sons, and about eight or nine other clippers. s 2 The Dirigo is one of the finest ships of her class in the world, and as soon as commerce warrants it others of her kind will be turned out. The Sewells have a 1nagnificent plant in Maine, but 1t is shut down now owing to the free-trade policy of the Government. Once any encourage- ment offers, however, it will be started up again and steel ships for Uncle Sam’s merchant marine will begin to be turned out. Captain Graham's wife has accompanied him ‘for three voyages on the Babcock. During all that time she has been taking lessons in navigation, and now she can “‘box the compass’ and “shoot the sun’ almost as well as the best navigator afloat. Her husband, however, insiststhat once in a while he has to correct her reckonings and she retorts by saying thatoncein a while he is wrong himself. Little Gladys was disconsolate yesterday. Her pet goat was sent over to Berkeley to | recuperate. The stormy weather around the Horn was too much foritand when San Francisco was reached it had wasted away to a shadow. Captain Graham has purchased a substitute, however, and it and the chuld will soon be friends., S——— The average wages of skilled operatives in the texl’..i‘lg industries inBavaria are 72 cents. e same syndicate and he Shenandoah, [ THE DURRANT AFFIDAVIT, All the Papers Are Finished and the Argument Be- gins To-Day. CHANCES OF A NEW TRIAL Juror Smyth’s Denial of Newspaper Influence and of a Private Visit to the Church. The reading of the affidavits in Judge Murphy's court on the motion for a new trial in the Durrant case ended this morn- ing and presentation of counter affidavits by District Attorney Barnes began. Dur- rant offers no new facts or arguments in support of his request, and his solitary allegation that unfair newspaper publica- tions during the trial injured his case stands . practically unsupported by any other statement. There appears to be no new evidence, and the new witnesses that were in effect promised are not in view. What the de- fense has in prospect cannot be imagined, but the whole fabric of arguraent in favor of the motion has been rudely shaken by the few affidavits which the District At- torney offered yesterday 1n opposition. At the opening of court General Dickin- son read a supplemental affidavit as or- dered by Judge Murphy, who objected to changes or interpolations in the original instrument. This referred to the refusal of the court to issue citations to certain newspaper men calling upon them to show cause why they should not be punished for contempt, and also to a disturbance at the time Mrs. Vogel finished her identification of Durrant. “1 wish to say that no such disturbance took place,” said Judge Murphy. “I watched closely for such an outbreak, but none came.” At the conclusion of General Dickinson’s reading Mr. Barnes read an affidavit refer- ring to Secretary McCoy’s remarks to Juror Truman and for which the former was fined $250 for contempt. that McCoy spoke in jest and that his re- mark was so regarded by both Truman and whatever in the case. The District Attor- ney then offered his own affidavit, in which he admitted all the newspaper publica- tions, but denied specifically that they prejudiced or injured the defendant’s case. from all the jurors denying that they were influenced by anything outside of actual testimony offered in the courtroom. read during the trial the newspaper articles upon the case. He stated that he talked with the father of the defendant after the trial and told him that his son’s testimony regarding the movements around the sun- burners impressed him unfavorably, and it was a ical impossibility for Dur- rant to have done what he said he did dur- ing the time fixed by George King. Mr. Smyth also denied that he visited Emmanuel Baptist Church during the trial except in company with his fellow- jurors, the Judge, Sheriff and counsel. kegarding an article which appeared in the Examiner he says: an affidavit in tifls case, by name. Ido know that subsequent to the rendering of the verdict of the jury of which I was a member in the above-entitled case, and after I had been dis- charged as such juror, I was interviewed at my residence by a gentleman who represented have since learned was not a reporter of THE Canr. This was the only interview I had with any reporter at my house concerying the Dur- rant case. Perhaps this men was Cusack. Neither at that interview with- Cusack, if it was Cusack, nor to any one else, at any time or place, under any circumstances, did I ever state that I was deterred from asking any questions as a juror, or from doing or saying auything irom or by reason of any fear of or comment by any NewsSpAper or newspapers or anythieg eise. Any suci statement purport- ing to cmaunte from me is unqualifiedly false and must arise from entire misapprehension. In his own affidavit the District Attor- ney referred to the change of venue matter and stated that the defense failed to take the proper steps at the proper time for the making of application, and consequently forfeited all right to complain of the re- fusal toa request that in substance was never made. 5 At the conclusion of the reading of the affidavits General Dickinson asked for two days’ continuance in which to prepare ar- gument. Judge Murphy considered that time was flying and the argument must begin this morning at 10 o’clock. NOT OF THE SAME: MIND. Methodist Ministers See Many Meanings in the Word ‘“Earth.” Rev. Donald Ross Was Too Young to Speak and Dr. Frazer Was Toa Old. “Jehovah—His Name and His Person,” was the subject of a paper by Professor Day of the Presbyterian Theological Semi- nary, read’ yesterday before the Presbyte- rian Ministerial Union. The speaker devoted much time to the derivation of the word and said the pres- ent pronunciation was a linguistic mon- strosity. In discussing the paper, which was very learned, Rev. Donald M. Ross, moderator of the presbytery, said that the reasoning was deep apd humanitarian and pleased him. *‘A little learning,” he said, “makes a man a Unitarian and a little more .makes him a trmitarian.” Rev. Donald Ross said he was too young to dis- cuss the paper fully and Dr. Frazer said he considered himself too old. Dr. Frazer urged that seminary pupils be prevented from preaching in the churches while students. A number of other pastors passed remarks on this pa- per, 1cluding Rev. Duncan Munro and Dr. Minton. Methodist Proachers. Rev. W. 8. Urmy stirred up a good many contending views among the Metho- dist pastors yesterday morning by his re- view of Bishop H. W. Warren’s book, “The Bible in the World’s Education,"” The reviewer indorsed the Bishop's treatise on most points until he came to the question of whether the earth is literally to be burnea up after the second coming of the Meswiah. According to St. Peter it is to be burned. The Bishop takes St. Peter’s words literally. Rev. Dr. Urmy criticized this view as being materialistic, and he quoted freely from Old Testament writers to prove that the word ‘“earth’ is usea in Holy Writ to xdf(uily the dwellers thereon. ev. Dr. Nelson said that Dr. Urmy had violated the rules of criticism in judging one author’s uscof the word “earth’’ by other authors’ use of the same word. Rev. D. Jones said: “‘Idon'i think he is right in saying the earth shall not be burned up.”’ Dr. Bovard intimated that in Ala- meda they had long since cast aside the belief in any material burning. At the conclusion of the discussion The District Attorney sought to show | bimself, and the mattér had no influence | This was followed by separate affidavits 1 That of Juror Smyth was quite lengthy, | and in it he strongly denied that he had | I do not know Frank T, Cusack, who has filed | himself as a reporter of THE CALL, but whom I | lBrigudiehGeneml Russell of the Boys' Brigade urged the ministers to notice a rendezvons which the boys will give at the old Young Men’s Christian Associ- ation building” from December 12 to De- cemieri17. He stated that each boy was making some article for sale; that the youngsters would ser:e lunch. J. artin, the Boys’ Brigade captain, spoke to the same effect, and both gentlemen reproached the ministers with having cold- shouldered the organization. Congregational Club. Dr. E, S. Chapman of the Market-street Congregational Church, Oakland, ad- dressed the Congregational Monday Club yesterday afternoon on the need of more vitality in the church. In the course of an earnest address he regretted the coldness of muny church members. ‘Christians read the Bible, but the world only judges the Bible from the conduct of Christians,” he said, In the discussion Rev. Philip Coombs regretted the habit of preaching on sensational subjects; so did several of the other speakers. With the Baptists. Rev. Frank M. Mitchell of San Jose read a paper before the Baptist Preachers’ Club yesterday morning on ‘“What Foreign | Missionaries Iave Done for Science, | Literature and Commerce."”’ NOTFIATON F I United States Courts Will Re- view the Blythe Estate Contest. Sarah Davis to Sue Out a Writ of Error From the State Supreme Court Decision. Sarah Davis, a claimant as heir-at-law in the estate of Thomas H. Blythe, through her attorneys, James Alva Watt, T. J. Lyons and John H. Durst, has notified A. C. Freese, administrator of the estate of | the deceased millionaire, and his attorney, | J. D. Sullivan, that she intends to sue out a writ of error to the Supreme Court of the United States in the matter of the appeal | from the decree of distribution recently | decided against her by the Supreme Court of this State. The notification reads as follows: SaN FrANCISco, Dec. 2, 1895. | A. C. Freese Esq., as Administrator of the Estate of Thomas Biythe, deceased, and J. D. Sullivan | Esq., his Attorney—MY DEAR SIRs: Please take notice that Sarah Davis, a claimant as heir-at- | 1aw in the matter of the above-entitled estate, | intends to sue out a writ of error to the Su- preme Court of the United States in the matter | of the appeal from the decree of distribution | decided against her in the above estate by the | Supreme Court of this State by opinion filed therein November 30, 1895 (8. F. Dist., p. 207), | under the rights guaranteed to her by the laws of the United States and particularly by sec- i 7 1000, 1003, 1005 and 1007 of Statutes of the United States. You are therefore, in col quence thereof, requested to do no act in di: ard of her right to such writ of error, and the legal conse- quences thereof; and to take no step which would in any wise tend to obstruct such rignt and its consequences, or any legal right or remedy belonging to Sarah Davis in the prem- ises and in the matter of said appeal. The contest for the Blythe millions has been in litigation for twelve years, and has been before the Supreme Court on various points twenty times, but thisis the first time the case has been carried before the United States Supreme Court. The first appeal to the State Supreme Court was decided ,three years ago on Nevember 30. There have been forty i lawyers steadily employed upon it, repre- senting 180 claimants who have made contests. At the offset of the case nearly 400 claim- ants put in an appearance, but only 180 of thesé stayed in suit to the end. The estate is worth now between four and live mitlion dollars. UNKIND MRS. CAMPBELL. ‘While Mr. Campbell Was in Dakota After His Divorce She Got Hers Here by Default. Charles J. Campbell, from whom Essie Campklell was granted a divoree in Judge Hunt’s court October 31 on the ground of | craelty, wishes to deny the truth of the charge. He states that he was absent in Dukota when Mrs. Campbell began suit here. Also that it had been mutunally agreed upon that they would take meas- ures to be legally separated ig a quiet man- ner in the other State, and wbile he was carryimng out the terms of the agreement she stole a march upon him by filing false charges of cruelty. He being out of Cali- fornia had never been notified, conse- { quently judgment was entered against him | by default and $100 per month alimony | tacked on to the decree. Mr. Campbell has compromised on the alimony question and joing Mrs. Campbell in joying over the parting, but objects to the *‘cruelty” part of the matter. . An Explosion of Coal Gas. Considerable excitement was occasioned on Market street last evening by the explosion of a small quantity of coal gas in a grate in one of the rooms of a lodging-house at 850 Market street. A window overlooking the street was blown out and crashed to fragments on the stone sidewalk, but luckily no one was injured. Analarm of fire was turned in_through box 98, but before the engines arrived the coals which had been thrown over the carpet from the force of the explosion had been extin- guished. NEW TO-DAY. THE FOUNTAIN OF YOOTH. It Has Never Been Found, but ks Powers Have Been Discovered. Tt was once thought that a fountain existed somewhere in the world and thatall who drank of it would be endowed with perpetual youth. For long ages men sought this wonderful foun- tain, but it was not until our own times that anything like it was ever discovered. This overy was made by & brilliant French phy- 8 n, who pointed out that nearly all the beople who attained remarkable oid age owed their health and strength to the constant use of some pure stimulant. This, he said, was the true fountain of youth. ;. To-day physicians recognize that in all cases where people have tired feelings or are run down in health something is needed to stimu- late their flagging energies. They also recog- nize that ior this purpose nothing has ever equaled Duffy’s Pure Malt Whisky, which to- dny stands unequaled as & puré, reliable, health-giving stimulant. p As an example of what this preparation will do for elderly men and women, we may teke the following’ interesting case. Mr. Walter P. Chapman of 29 Hanover street, Baltimore, writes: *“I consider Duffy’s Pure Malt Whisky the very best article for the use of elderly Tsons who require a ton:c as well as a stimu- ant. My grandmother, who is now past 90 years of age, has been using it for about three years, and it has acted slmost like & ¢harm, ysgiving her an appetite and ellaying any disorder of the stomach. I am confident she could not do without it.”” This is but one of ten thousand similar cases in which Dafty’s Pure Malt Whisky has been the means of preserving life and health under the most trying conditions. This is because it is no ordinary whisky. It deserves to have & place in every household, where & timely and safe remedy should always be at hand. G ; ‘VELL KNOWN BY HIS LONG RESI- dence and successful practice on the Pacific Coast, guarantees a prompt and ¥efiectcure of every case he undertakes. 'housands of genuine testimonials on file in his private office. Friday afternoons. NERVOUS DEBILITY, Weakness of sex- ual organs, lost manhood, night emissions, ex- bausting drains which unfit one for study. busi- ness or marriage, treated with unfailing suc- cess. Get cured and be a man. PRIVATE, Urinary and kidney ailments, sexual diseases of every sort, blood, skin and constitutional diseases, rupture, piles, Poor treated free on | varicocele and hydrocele quickly cured without pain or detention from business. WRITE at once if living out of the city. Thousands cured at home. Book on Special Diseases sent free. OFFiCE HOURS—9 A.M. 1012 M.. 2t0 5 and 7 to 8 P.u.; Sundeys, 10 A. X to 12 x. only. . L. SWEAX 37 Market Street, S. F Cal. DOCTOR Acker’s ENGLISH Remedy will stop a cough in a night, checka cold in a day, and cure consumption if taken in time. If the little ones have Cromp or Whooping Cough, N use if promptiy. Croupisavery fatal disease. Fully one- hal of ) at- tacked die. The great sy, danger is “7in delay. The disease progresses so rapidly that the loss of a few hours in treatment is often fatal. ACKER'S ENGLISH REME- DY will cure Croup, and it should al- ways be kept the house for emergencies, A 35 cent bottle may save your child’s life. Three sizes: 25¢, 50c, $1. All Druggists \JACKER MEDICINE CO. . 16 & 18 Chambers St., New York. DIRECTIONS for us sng CREAM BALM. - Apply a particle of the Baim well up into the nos- trils. After amoment draw strong breath through the nose. Use three times a day, after meals preferred, and befor® retiring. CATARR ELY’S CREAM BALM Opens and cleanses the Nasal Passages, Allays Pain and Inflammatioz, Heals the Sores, Protects the Membrane from colds, Restores the senses of Taste and Smell. Ths Balm is quickly absorbed and gives relief at once. A particle is ‘;‘8“"’ into_each nostril and ta agreeable. Prica b0 cents at Drugglsts or by mail. BLY 5 VY BROTHERS. 56 Warren street, New York. THE AMICK TREATMENT FOR =CONSUMPTION= Asthma, Bronchitis, Catarrh And All Diseases of the Air Passages. “Polly, put the kettle I e a= on, and we'llall have tea.”” Keéttles! Testimonials from hundreds of doc- tors and patients. Descriptive Pamph- lets and tests on application. STEINHAUSER & €0, 460 TWELRTH ST., OAKLAND, CAL SOLE DISPENSERS FOR PA- CIFIC COAST. $2.10. B —— Two of our best designs in 5 o’clock Tea-Kettles go on Special Saving Sale for Monday, Tuesday and Wednesday only. Cur ¥2.50 Kettle at $1.75, and our $3.00 Kettle at 82,1 O—and Wednesday night ends it. 1he Kettles $1.75. and Lamps are heavily polished brass or copper, and the stands are hand- forged black wrought-iron. And they are useful for other things besides tea; just light that quick-heating, asbestos, :lcuhox: I:mp,t-nd. in a few minutes you ave hot water—a grea sy i b great comfort these We have just received the finest lot of Tea-Kettles and Art Metal Goods that ever came to town—and every piecesold TO EXAMINE YOUR es and fit them to Spectacies or Eyeglasses with instruments of his own invention, whose Superiority has not been_equaled. My success has been due 0 the merits of my worl tice Hours—12 (o 4 ». M. STHEVERY BEST O oy direct to you at WHOLASALKE PRICK. THAT BIG CHINA STORE— A Quarter of a Block Below Shreve's. WANGENHEIM, STERNHEI & CO., 528 and 530 Market St., 27 and 29 Sutter St., BELOW MONTGOMERY. A LADES GRILL ROON Has been established in the Palace Hotel N ACCOUNT OF REPEATED DEMANDS ‘made on the management. It takes the piace of the clty restaurant, with direct entrance from Market st. Ladies shopping will ind this & moss desiradle piace to lunch. Prompt Er.vlm_ mod- erate charges, such as have given Griliroom an international raputation, will pre Am this new deparunent.