The San Francisco Call. Newspaper, December 7, 1895, Page 11

THE SAN FRANCISCO CALL, SATURDAY, DECEMBER %, 1895. 11 THEODORE DURRANT'S DOOM IS ANNOUNCED A New Trial Is Denied Him and He Will Be Hanged. TAKES HIS FATE CALMLY. Judge Murphy's Scathing Con- demnation of a Girl's Murder, A CRIME UNPARALLELED.” No Date Set for the Execution—The De- fendant's Attorneys Give Notice of Appeal. irm-limbed, face vpaled with nerve effort, brows drawn down over the that utterance. Whatever justi was down in the soul of the ma blank the wall the solemn jud citation to seek forgiveness in the di source, his ‘“‘only refuge,” must have brought the sense of impending doom home with concrete certainty. Yet, after the sad words haa been spoken, the speaker gone and the curious | | erowd, driven to the corridor, was staring in through the open door, Darrant | laughed. It was not a good laugh, and it was unfitting and forei It was not a | sincere laugh, and its discord jarred. It wasa part of the play, but it spoiled the i play, if Theodore Durrant was playing; | and it mocked truth, if his partin the | drama was real. Some of the prominent characters of the great trial were present, and waited for its | end. Warren Dutton, foreman of the jury, | and Seiberlich, a member of thatbody, sat behind the man they decided com ted the crime that stained and desecrated Emmanuel Baptist Church. Mr. Noble heard the dread condemnation of the mur- derer os his kinswoman and went away | | District Attorney Barnes and his as- | sistant, Peixotto, heard the words that| fini first stage of their heroic labors. General Dickinson and Kugene Deuprey, | defending and fighting still, heard the sen- tence that undoes their work and brings their client in touch with a fate they were Yuwerlo;s to avert. White-haired Captain Lees, the genius of the prosecution, heard | age of our Penal Code, it is enacted that ‘every person guilty of murder in the first de- gree shall suffer death or confinement in the tate Prison for life, at the discretion of the ury trying the same.” In your case the jury tniled fo exercise any discretion by returning the verdict, “Guilty of murder in {he first de- gree,” hence there can be no other judgment Pronounced by the court than that of death, Of this high and heinous offense, the taking of the life of Blanche Lamont, with deliberate and premeditated malice aforethought, you have 1 found guilty. The jury who, by their verdict, thus pronounced, werc & body of as intelligent, painstaking and conscientious men as were ever impaneled in & court of jus- tice. They were independent men of mature age and of large experience in the affairs of life. They gave their undivided attention to the testimony in the case and the entire pro- ceedings during the triel, and in arriving at the conclusion they did were impelled with the sole and only desire to do exact justice. That the conclusion they arrived at and the verdict they returned was just and true the court has no doubt. And now, afier a deliberate and careful re- view of the entire evidence adduced at the trial, and looking at the case in every aspect, the court is forced to the comclusion that no fair, conscientious and honest jury could have arrived at & different result. In the justness of your convietion the court expresses its full and entire concurrence. Indeed, the verdict thus rendered was the necessary and inevitable con- cluston resulting from the evidence of your guilt as disclosed at the trial There are no circnmstances to mitigate the atrocity of your crime; it stands almost with- out parallel and without the semblance.of pal- liation. If, as claimed by the prosecution, you caused the death of ‘the deceased in & felonicus attempt upon her virtue, then,in- deed, do you richly deserve the punishment to be awarded against you. The deceased, Blanche Lamont, was a young and inexperienced schoolgirl, and from the ition you occupied in society, and particu- arly in the church of which she was an atten- dant, you undoubtedly gained her entire con- fidence and trust; that she entered the church with you during the afternoon of April 3 last is proved beyond all question,and that she TO BE HANGED BY THE NECH UNTIL YOU ARE DEAD” — DURRANT STANDING OF THE COURT ON HIS CONVICTION OF |z 7,7 THE AWFUL MURDER OF TO RECEIVE BLANCHE THE LAMONT. SENTENCE {Sketcned in court yesterday by a “Call” artist.] eyes that looked unfalteringly straight out ahead, Theodore Durrant stood in the troom yesterday morning and heard ice of justice speak his sentence and e his Creator to deal mercifully with when the stern, relentless law of fe for a life” is satisfied. ¥ m\W:I] be hanged by the neck until you are dead,” and the great balances by sich he had been weighed and found nting recorded and numbered and fin- 1ed him. e people that crowded that noted troom were still—still as the man standing alone under the burden of im- decreed, that mystic future from 108e eternal silence naught everis heard. It was the deep stiliness that goes before, that accompanies, that follows the words of th, and they sat mute under the f its presence. In the place where : wrongdoer comes face to face with his e, the place of the deed is forgotten. The gloom-haunted belfry, where the sad, wandering winds moaned and yet moan a requiem for the dead Blanche Lamont, faded away when Theodore Durrant stood in the temple of vengeance and felt the mandate of an_outraged law fall on him like a sword. There was the crime—loath- some, lamentable, needless, inexplicable— and here was reparation, righteous, un- erring, speedy, complete. The girl and her story, which her dead lips cannot tell, are in the grave, and even the associations of the deed grow misty, vague and fleet- ing; but the man_accused, condemned and doomed, denying and defiant still, holding back the story which he would not tell, but whicih has been told by tongues he could not_silence, was before them, apparent, mani®¥st, indubitable, and they were still. A short time before 10 o’clock Durrant, escorted by Deputy Sheriffs marching ahead, on either side and in the rear, came up tHe stairs, through the dim corridors and into the court- room. Then they took their station ready and watchful. The prisoner was joined by his father, and the two, their faces show- mzl no sign of hope or fear, sat expect- antly. The younger man’s countenance Was pale—perhaps a little paler than usual. It was drawn and hardened, and despite the calmness, even to indifference, suffering was plainly there. Though he was pre- pared for the denial of a new trial and the coming of thé dreadful sentence the ordeal was a fearful one. When the scathing de- nunciation of the Judge fell witheringly upon bim; when the purity, the iuno- cence and the helplessness of the school- zirl was held before him like a mirror giv- ing back the reflection of the crime in all its unspeakable hideousness, he looked away. “There are no circumstances to mitigate the atrocity of your crime; it stands al- most without a parallel and without the semblance of palliation,” rang the con- demning words sonoriousiy through the ding doom, still as the future to which | rhis work approved, commended and awarded and the decree of the law’s ven- geance voiced in full. After the adjournment the condemned | man, with his guard closed in about him, walked out into the dim corridors, past the curious crowd, down the broad stairways where uniformed police officers stood | watchful and ready, to the lower floor of | the great bailding, where other curious | crowds awaited, and out into the open air. There the prison van received him. The time previous to the reading of | Judge Murphy’s denial of the motion for a | new trial was short,and a crisp brevity | marked all the preliminaries. His Honor’s | decision was as follows: | In view of the fact thata human life is in- | volved in this case, and with an earnest desire | to doexact justice to the defendant, I have, | since the verdict was rendered by the jury, | given the same the best thought and consider- | ation that Iam capable of. So_that nothing | should escape my attention I have twice re- | viewed ail the testimony in the case and every ruling made by the court during the trial. I have carefully considered the charge given by the court to the jury, and have given full con- | sideration to the affidavits filed herein on the | motion for a new trial and to the argument of | the learned counsel in support thereof. I have | examined all the authorities cited bearing upon the various grounds stated and relied upon for the new trial. If I were satisfied that any injustice had been | done the detendant during the trial of this | case, or that any serious error affecting the substantial rights of the accused had been com- | mitted, I would without hesitation grant him | | a new trial, whatever the consequence might | be to me personally or whatever eriticism | might be invokea thereby. I am, however, convinced no injustice has been done him and | no such error was committed : but, on the con- | trary, I am satisfied that the defendant has had a fair and impartial trial, that no right ac- corded him by law has been invaded, and that the verdict arrived at by the jury upon the tes- timony submitted to them in this case was & true and just verdict. | Such being the deliberate conclusion arrived at, there is but one action the court can take, and that is to deny the motion for & new trial, and said motion is accordingly denied. Contrary to expectation there was noth- ing in the document regarding the merits of the motion or of the arguments ad- vanced by either side. But no surprise was entertained by any present at the de- cision. Murphy during the presentation of the motion showed how futile was the defend- ant’s plea. Even Durrant himself antici- pated the denial and the sentence. “Oh, I expected 1t,” he said, wearily, “the Judge decided that question long ago. He gave himself away on two occasions, and —" Then he checked himself, as is his habit, and laughed bitterly. “Is there any further legal cause to show,” asked Judge Murphy, “‘why judg- ment should not be pronounced ?”’ “None on the part of the defendant,” answered General Dickinson in the lowest possible tone. “Very well. Theodore Durrant, stand “fi:” came the stern command. en the young man slowly arose. The people behind him stirred slightly, lean- ing forward with one impulse to catch the solemn judgment, as his Honor read: It now becomes the duty of the court to award against you the judgment which the law affixes to_the crime of which you have been apartment. They burned and stung, and Theedore Durrant is, indeed, the gmftless man of his plea if he felt not the torture of convicted. 2 iIa the brief and simple but expressive lan- never left it alive is certain. In accompany" ing you into said church, this poor girl couid have no conception or idea that you would at- tack her virtue, or do her wrong, and I am led to the conclusion that you did cause her death | in assaulting her virtue, because noother pos- sible motive is discernible: the place, the cir- cumstances and all the evidence point, with almost unerring certainty, to this one conclu- sion. The testimony in this case suggests the thought, and the history of your crime demon- strates, how clearly lust and evil passion, when once indulged in,lead their victim by straight paths to swift destruction; and that artifice and cunning and deceit are of no avsil to screen the guilty or to enable them to elude thie keen eye of justice. Isincerely hope the lesson taught in this case may be profitable and deter others who may be tempted to commit such crimes. And as to you, against whom the_court is now about to pronounce the solemn judgment of the law, the contemplation of tae enormity of your guilt, although it cannot save you from the penalty of your crime, may neverthe- less serve as & Means to Arouse your conscience and to enable you to seek repentance and_for- s in the divine source which, I believe, our only refuge. The judgmentof the law ‘and the sentence of the court is that you, W. H. T. Durrant, be taken hence by the Sheriff of the City and County of San Franciseo and by him detained in close confinement in the County Jail of said City and County, and within ten days from thisdate the sald Shenfl is ordered and di- rected to deliver you to the warden of the State prison of the State of California atSan Quentin, and after such delivery to said war- | den that you be kept and detained in said State prison at San Quentin by the warden thereof, in close confinement, until such day as shall hereafter be designated and fixed in the warrant of execution to be issued herein and on the day so designated and fixed in said warrant of execution, and between the hours therein named, that you, W. H. T. Durrant for the willful, deiiberate and premeditate murder of Blanche Lamont, of which you have been duly convicted, be by the said warden of the State prison aforesaid, and within the walls of said State prison, hanged by the neck until you be dead. And may God have mercy on your soul. At the conclusion General Dickinson arose and took formal exception to the tenor of the Judge's remarks upon the merits of the case, and stated that he would give notice of appeal in the afternoon. The omission of the date upon which the execution is to take place is in accord- Severai remarks uttered by Judge lr:noe with the law that the sentencing ourt does not set the day upon which the condemned must expiate his crime. The death warrant, when issued, selects the date after the higher courts have passed upon the case, Durrant will not be taken to San Quen- tin until the Supreme bench has consia- ered the merits of the testimony in the lower court. In all probability some time will elapse before the murderer of Blanche Lamont mounts the gallows to which he has been condemned. e THE FATHER HOPEFUL. He Is Confident That His Son WIlI Be Granted a New Trial. . Mrs. Durrant was indisposed yesterday. “She is not ill,” insisted Mr. Durrant, **but women are not so strong as men, you know, aud I won’t deny that the day’s events proved a trial to her. She did not go to court to-day, fearing she might break down under the Judge’y words. Still she is bearing it very well. “‘We were not su\%{,flsed at the'refusal to grant a new trial. e knew Judge Mur- pby bad not stamina enough for that. He proved his lack of it in the Cunningham matter. “I am as sanguine as at any time since my son’s arrest. 1 believe he will be tried and acquitted by the Supreme Court. We have evidence the police know nothing of. 1f we had employed the unscupulous tactics of the prosecution my son would be free now. ““My belief is that Judge Murphy did not fix the time of execution of the sentence because he believes the boy is innocent and wants to put off the execution as long as possible. Perhaps, nowever, he may set the time-when be issues commitment papers to the Warden of San Quentin,” - DURRANT’S DREAM. He Relles Upon a Dream to Furnish a “Magnificent” Clew to the Real Murderer. The calmness of Durrant the accused, of Durrant the convicted, is no whit lost in Durrant in the shadow of the gallows. The young man under sentence of death for one of the most appalling crimes of the age was as smiling and impassive as at any stage of the long and bitterly waged legal contest, as smiling and impassive indeed as at any time prior to the murder for which he is sentenced to atone with bis life. He referred to his remarkable demeanor yesterday. “Iam glad I have not been a Martin Shenck,”” he replied, and recatled the story of the man whose rueful countenance never changed expression. *‘Ihavestudied to be natural and think I have succeeded, notwithstanding all that has been said about my turning green and purple and various other colors. Judge Murphy him- self will say that my eyes did not wander from his face once while he was pronounc- ing sentence.”’ T g{e looked from the wicket in No. 26, which he now occupies with J. Jackson, as imperturbable as ever, and his measured tones were as even as ever. He declined 1o say what he thought of the denial of a new trial or to discuss the experience of the morning. “All I have thought and felt and known I may write some time,” he remarked. “I have often thought I would write a book on this trial if I became a free man. I have collected notes with a view to that, Coming from the principal participant it should be of interest.”’ He talked of his cellmate, whom he pro- nounced a pleasant fellow, but whose sale of patent medicines he considered un- professional ; of his studies, which he says he will still pursue. Conversation on other subjects seemed to be a relief, but he closely guarded any approach to the case and 1ts sequel. = “I never believed in whining, at least not until every vestige of hope has dis- appeared, and it has not with me. I am supported now, as always, by the con- sciousness of innocence.” A letter of sympathy, received from a Christian Endeavor societv in Ontario, Canada, awakened in him a lively sense of gratitude, which he expressed in a reply mailed yesterday. He estimates that he has received 1000 such letters, most of which are from women, since his arrest. “I received an intimation in a dream that may prove a magnificent clew,” said Durrant. He had been speaking of his dreams since his imprisonment. They had been few and all of a pleasant nature, he said. “That of the wreck of the Colima before it took place was an exception,” he re- marked. Then he hinted at the clew-fur- nishing dream which be said he would elaborate upon in an article he was writ- ing. “You remember the biblical story of the handwriting on the wall?”’ he said. ‘Spread out before me on a kind of scroll were strange characters that some power enabled me to decipher. The words were a revelation in regard to the perpetration of the murders of which I am charged. Providentially I wasawakened by a flash of light from the night watch’s lantern just then. I was 80 impressed by the dream that I at once wrote my recollec- tions of it.” He spoke of his increased weight—he has added twenty pounds to his weight of 115 when a.rested—as an evidence that he has not been troubled by an accusing con- science. 10 PHEAEfl_AT_MlSSIUNS. Eloquent Redemptorists Arrive in the City From the East. A Week of Novel Missionary Work to Non-Catholics in the Paul. ists’ Church. The Redemptorist Fathers O'Shea and Kennedy of New York will begin a mission at the Sacred Heart Church at 10:30 o'clock Sunday morning. It will continue two weeks. These missionariesare notun- known in San Francisco. They were here several years ago, and their eloquence in the pulpit will be recalled by thousands of Catholics, They take rank among the ablest preachers in the Catholic church in the United States. 2 During the two weeks of the mission there will be a mass and sermon each morning at 5:30 and 8:30 o’clock, and in the evening there will be a recital of the Rosary, a sermon and benediction of the biessed sacrament. Tc-morrow afternoon e fathers will also begin a mission for the children of the parish. It will continue for several days. The visiting missionaries will also hold missions in other Catbolic churcbes of the City and State. They will probably be en- gaged in California during the greater part of the winter. A mission to non-Catholics will be held in 8t. Mary’s Church, on California street, during the coming week. It will open at the evening service.to-morrow. This is a new departure in San Francisco, but it is in line with the work carried on by the §““““ Fathers in the large cities of the ast. “‘Every Catholic attending the mission will be expected to bring a non-Catholic friend,” said Father Wyman. “We want the people of all denominations to come and hear us, The pews will be free to all, and there will be no collection. Nothing abusive will be said from the pulpit, as we will confine ourselves to Catholic doctrine and teaching, pure and simple.” The following subjects will be dis- cussed : Sundnfr, December 8, “What Is the Good of Religion?’’ Monday, Decem- ber 9, “Can We Get Along Witnout the Bible?”” Tuesday, December 10, “Intem- perance and Good Morals.” \Vednesdny‘ December 11,"“The Mystery of Confession.” Thursday, December 12, “The Man, the Citizen, and the Church Member.” ° Fri- day, December 13, “Why I Am a Catho- lic.”” Sunday, December 15, ‘‘Necessity of an Infaliible Teaching Authority.”’ Besides these lectures a question box will be placed at the door, where any fair- minded person may put written ques- tions, which will be answered every night before the lecture is given. The mission which has been going on at St. Ignatius Church during the week will close tomorrow evening. —————————— McAFEE Bros.’ auction sale of Brittan Ranch, San Mateo Co., sure to-day. See advertisement. ————— Dr, Morgan’s Address to Young Men. | To-morrow afternoon at 3 o'clock Kev. Dr. Morgan will speak to young men only at the Christian Association Hall, Mason and Ellis streets.” The service will be free to all young men. —e————— Crows, fountain and all other gold pens and pencile. Finest goods and lowest prices. San born, Vail & Co. i A SISKIYOU MINING DEAL, Purchase of the- King Solomon Mines by a San Fran- cisco Company. A PLANT IS TO BE ERECTED. Sufficient Power Can Be Obfained at | Salmon River to Run Two Hundred Stamps. The Fidelity Investment and Develop- ment Company of San Francisco has pur- chased a group of seven claims, consoli- dated under the name of King Solomon’s mines, located on the headwaters of Mathews Creek, about two and a quarter miles from the south fork of the Salmon ‘River, in Siskiyou County. The titles of the different claims are the Queen of Sheba, which was the original location, the King David, Augusta, Mabel, Queen of Sheba extension, King David ex- tension and the Steve Ayles placer mine, all being quartz mines with the exception of the last-named, and each being 600x1500 feet. The Queen of Sheba, King David and their extensions are laid out north- west by southeast along the vein, with a slight dip to the west. The Mabel claim is laid across the south end of the Queen of Sheba and David claims, with the Augusta joining the Sheba on the east, as does also the Steve Ayles placer claim. The developments, so far, consist of a tunnel running from east to west'seventy- six feet in length, crosscutting the lode, divorce in the Superior Court of San Fran- cisco on the allegations of cruel treatment in 1892 upon the report of Referee W. B. Blair. She charges that this divorce was obtained by the machinations of the Dis- trict Attorney’s office and by fraud and trickery through defendant’s brother, his partner formerly in. a Pittsburg foundry; that the brother deceived her as to defend- ant’s whereabouts and thus prevented her from obtaining the alimony due her. She also states that the hushand is still living, with the woman Louisa Simendinger; that the woman joined him in California soon after his stealthy departure from Pennsyl- vania. { Qut of the property awarded her she claims $29,500 1s still due her and that | there is also $1350 alimony yet unpaid. | She asks that the defendant be declared to | be still her husband and that be be en- | joined from disposing of any of his prop- erty in any way until her claims are paid and the marital controversy Is settled. e ——————— NURSES GRADUATED. Commencement Exercises of the San Francisco Training School. The commencement exercises of the San Francisco Training School for Nurses at the City and County Hospital will be held at the Occidental Hotel on Tuesday even- ing. The nurses will all be in the pictur- esque uniform worn in their daily round of duties. The programme is as follows: Overture, “Marionetten” (Gurlitt); address, Rev. W. M. Moreland; selection, “Journey Through Africa” (Suppe); solo for cornet, “Bonnie Scotland” (Lax), John Frehner; ad- dress by Dr. R. Beverley Cole, A.M., M. M.R.C.8., England, president American Me ical Association; mazourka di concert, “Amo osa” (Navaro); address by Dr. C. N. Ellin- wood; selection, “The Gondoliers” (Suliivan); waltz, “A Summer Evening” (Waldteufel); resentation of diplomas and medals by Dr. enry H. Hart; overture, “‘Concert” (C. Bach); solo for clarionet, “‘Barbier di Seville” (Ros- sini), Mr. Donald Graham (arranged by Dan- cla); selection, “Robin Hood” (De Koven); waltz, “Wiener Kinder” (Strauss); selection, “Erminie” (Jakobowski); gavotte, “Always Thine” (Weiss); selection, “Wang” (Morse). The gradnates will be Miss Mary E. Mead of New York; Miss Jennie Ranson of Winnipeg, Manitoba; Miss Adeleine KING B it 1 [} : IMABEL | 600 x 1500 FT i 4 'HEAVY TIMBER { HEAVY TIMBER } o e i e NS ] DAVID | KING DAVID 1} 600 X 1500 FT ’r ‘ 600 Y Tl EAVY TIMBER ;6004 yHERVIHICECHS ¢ BERRII s #1500 {QUEENor SHEBAIQUEEN oF SHEBA } SPRING. | 600x 1500FT) 600 x 1500 FF § 1 o |__@IUNNEL b HEAVY TIMBER _} i , ; e Ro;spmnc 1 HEAVY e o ) AT e R ITIMBER ! ; / i e ' . Sy \AUGUSTAY STEVE & w / AYLES™ / 2 %R Yeoo \ 4 N 11500 L X} X \ 1500 ‘ / My \ : E N HEAVY % WeR A TMBER, )\ L ’Sfif.cl-_e:.;-:\// KING SOLOMON MINES, SHOWING THE RECENT CONSOLIDATION. and two drifts, one of which leaves the tunnel at a distance of twenty-four feet from its mouth, running northerly, or northwesterly, for thirty-six feet with the trend of the vein, and the other leaves the tunnel at a point fifty feet west of the first drift, run- ning parallel with and along the hanging wall in a northwesterly direction for a dis- tance of twelve feet. The_ greatest depth obtained in develop- ment is found in the second drift, at the end of the tunnel, which is thirty feef, but | a greater depth could be reached by start- ing a tunne) lower down the hillside, thus obtaining from 150 to 300 feet. Prospect holes in various }nucel on the surface follow the course of the vein for several hundred feet in length and from seventy-five to eighty-five feet.in width. Although considerable ore has been handled none of it has prospected less than $10, and the greater portion from $25 to $50 a ton. At present there is no plant on the prop- perty, but it is intended to erect one very soon, and thus place the mines upon a paying basis. The seven claims cover abont 140 acres,: all_of which are_covered with good mill and mining timber, such as sugar pine, fir, cedar and oak. An abundance of pure water can be ob- tained for mill and battery purposes from Mathews Creek, the first and second water rights being owned by the company. The creek flows from fifty inches at its lowest stage to 1000 or 1500 inches durin%ethe winter and spring months, the fall being sufficient to supply power which would run ten stamps about six months in the year, but by placing a dynamo at the south fork of the Salmon River, distant from the&mpeny about two and a quarter miles, sufficient power could be obtained to run 200 stamps the entire year, as the south fork flows from 7000 to 15,600 inches at its lowest stage. A good wagon-road connects the claims with the Oregon Railway at Gazelle, but a proposition is on foot to run a connecting road through. The Fidelity Investment and Develop- ment Company, consisting of President J. A. Thompson, Secretary J. H., Bernard and the directors—Thompson, Bernard, Colonet J. F. Herrick of Cleveland, Ohio, and W. M. English—was organized for the purpose of locating and developing good mining vroperty. They have claims of great value situated in Mariposa, Madera and other counties, but seem to place the King Solomon group in the first rank, as they say this property 1s indeed a bonanza. A SNAG IN DIVORCE LAW. Kind Most Familiar With Phila- delphia Lawyers Pleaded Here/ The Old McNeill Case Again in the Federal Court on an Amended Complaint. The old McNeill divorce suit has come up again in the United States Circuit Court. Attorneys Sullivan & Sullivan filed an amended bill of complaint in the clerk’s office yesterday afternoon. Its title is ‘‘Margaret McNeill by her next friend, Matt J. Sullivan, vs. James McNeill.” Mrs. McNeill lives in Pitts- burg, Pa., and her husband is a promi- nent bunsiness man of Santa Cruz, where he owns considerable real estate, besides $65,000 of stock in the Santa Cruz Light and Power Company, and $10,000 worth of stock in the City Bank of Santa Cruz. Pennsylvania law is pleaaed by the plaintiff. According to her allegations she and her husbAnd were married in 1865, have two grown-up sons and a daughter and were divorced in the Allegheny County Court in 1890. She charged her husband with desertion, and the court allowed her $10,950 out of their property, and $75 per month alimony from July 1, 1890. Under the Pennsylvania law she was simply di- vo! as to bed and board, but the mar- riage relation was not completely an- nulled. Her story foes on to say that her hus- band skipped to California, where he was ined by a woman named Louisa Simen- inger, and that by his own testimony and that of this woman only he procured a Marie Wood, Williamsport, Pa. ; Miss Hat- tie D. Ryan, Boston, Mass.; Mrs. Eliza- beth A. Reed, Lansing, Mich.; Miss Annie Irving Gray, Illinois; Miss Frances A. Parry, South Wales, England. i N ONLY ONE IN CHARGE. Causes Which Led to a Big Verdict for Damages Received in a Streetcar Accident. The Supreme Court has affirmed the de- cision of the Alameda County courts al- lowing Horace A. Redfield and his two children $14,000 damages for the death of Adeline A. Redfield, Mrs. Redfield was killed b car on the Piedmont line in Oakland, May 6,1893. The car was near Mountain View Cemetery when upon passing a switch at the top of the hill it became necessary for the motorman, who was the only man_ in charge of the car, to go to the rear plat- form and set the trolley-wheel on the proper wire. To do this he had to climb along on the footboard on the side of the car. As the car gathered headway down the hill the motorman started back along the footboard to take his place in front, but he %lip d and fell off, and before he regained is feet the car was so far ahead that he was unable to overtake it. The car ran to the foot of the hill and jumped the track ata shn;g turn. Mrs. Redfield was so bad- ly injured that she died in a few days. In rendering its-opinion the Supreme Court deals somewhat- extensively on the question of the negligence of the company having but one man in charge of the car. That the trolley had to be attended to the Supreme Court_believes was obvious from the fact that the motorman had to look out for it as it passed the switch, and that the companv expected the motorman to attend to it is obvious from the fact that he was the only man in charge of the car. Further, the court found thatthe motor- man could have stopped the car and then fixed the trolley, so both the motorman and the company were deemed negligent. The fact that the mototman was in the habit: of fixing the trolley while the car was in motion had ne bearing on the case, the court holds, and so the judgment for $14,000 was affirmed. ——————— Three Policemen Sworn In. Three new policemen were sworn in by Chief Crowley yesterday. Their names are: James P. Myler, 26, clerk; Abraham Hyman, 34, salesman; John J. Prendergast, 34, Vermont, cooper. a runaway NEW TO-DAY. GOLDEN OPPORTUNITY We have been compelled to change ourlocationto 111 Montgomery street, and com mencing at 11 A. M. daily we will resume our AUCTION Of WATCHES, DIAMONDS, JEWELRY and SILVERWARE, Commenced in our old storeon Sutter street. We are positively retiring from business, and everything must be sold at any sacrifice. If you want a suitable CHRISTMAS PRESENT, Elegant Plate Service or Jewelry for yourself, you can name your own price AND GET THE BEST. Salesat 11 A.M.and 2 P. M. M. WUNSCH & CO0, (NEW STORE), 111 Montgomery Street. NEW TO-DAY. Druggists Converted and Doctors Convineed. Strong Testimony in Favor of His Im- proved Homeopathic Home Remedies. INVESTIGATE FOR YOURSELF Any Druggist Will Tell You That Hun« dreds of His Customers Have Been Cured of Rheumatism, Dyspepsia, Kidney Troubles, Blood Diseases, Nervous Complaints and Catarrh by Munyon’s Improved Homeopathic Remedies. To Munyon’s Homeopathic Remedy Company: It is with great pleasure we state that in ail our business experience we never had such a demand for medi- cines, and every one that has used them speaks in the highest terms of them. We have received hundreds of testimonials from grateful patients who have been cured by Munyon’s Remedies, and we have never had anything to compare witn their popu- larity and success. Very respectfully, WALLER BROTHERS, * 33 Grant avenue, EMINENT PHYSICIANS TESTIFY. br. S. T. Weirick, surgeon-in-charge, Keeley Inctitute, Minn.. says: ‘“Munyon’ Rheumatism Cure cured my nephew o articular rheumatism in three days, aftes he had been helplets in bed for six weeks." Dr. Adam, 171 Broadway, New York City: ‘““One bottle of Munyon’s Rheuma- tism Cure was sufficient to cure my wife of rheumatism, “thoroughly and " perma- nently.” 3 Munyon’s Rheumatism Cure never fails to relieve in one to three hours, and cureg in a few days. Price 25c. Munyon’s Dyspepsia Cure is guaranteed to cure all forms of indigestion and stom« ach troubles. Price 25 Munyon’s Catarrh Remedies never fail, The Catarrh Cure—price Zic—eradicateg the disease from the system, and thq Catarrh Tablets—price 25c—cleanse and heal the parts. Munyon’s Cold Cure prevents pneumos nia and breaks up a cold in a few hourse Price 25c. Munyon’s Cough Cure stops coughs, night sweats, allays soreness and speedily‘ heals the lungs. Price 25c. Munyon’s Kidney Cure speedily cureg ains in the back, loins or groins and alb lorms of kidney disease. Price 25¢c. Munyon’s Nerve Cure cures all tha symptoms of nervous exhaustion, such ag depressed spirits, failure of memory, rests less and _sleepless ni%ht‘i, painsin the head and dizziness. It stimulates and strengthens tne nerves, and is a prompt tonic. Price 25c. Munyon’s Headache Cure stops headachg in three minutes. Price 25¢. Munyon's Pile Ointment positively cures all forms of piles. Price 25c. Munyon’s Blood Cure eradicates al} impurities of the blood. Price 25c. unyon’s Liver Cure corrects heads ache, biliousness, jaundice, constipation and all liver diseases. Price 2ic. Munyon’s Female Remedies boon to all women. Munyon’s Asthma Cure and Herbs arg guaranteed to relieve asthma in threa mime.es and cure in five days. Price, 50a each. Munyon’s Vitalizer imparts new life, res stores lost powers to weak and debilitated men. Price $1. Munyon’s Remedies at all druggists, mostly 25¢ a vial. Personal letters to Professor Munyon, 1505 Arch street, Philadelphia, Pa., ane swered with free medical advice for any disease. are g DOCTOR SWEARY, ELL KNOWN BY HIS LONG RESI- _dence and successful practice on tha Pacific Coast, guarantees a prompt and I}eriectcuro of every case he undertakes. Thousands of genuine testimonials on tile in his private office. Friday afternoons. NERVOUS DEBILITY, Weakness of sex« ual organs, lost manhood, night emissions, ex- hausting drains which unfit one for study, busis ness or marriage, treated with unfailing suce cess. Get cured and be a man. R PRIVATE, Urinary and kidney ailments; sexual diseases of every sort, blood, skin and coustitutional diseases, rupture, piles, varicocele and hydrocele quickly cured withou% pain or detention from business. WRITE &t once if living out of the city, Thousands cured at home. Book on Special Diseases sent free. Poor treated free on OFFiCE doURs—I Ao.n. t012 1:- 2 xo? and7ta . M.; Sundays, 10 4. M. to only. 87.; Sundayg, 19 48004 D, 737 Market Street, S. ¥., Cal. 1896 Is but a little way off. Suppose you provide for the New Year by in- vesting in Stand- ard Shirts. Look for this Trade Mark. All dealers. Neustadter Bros., reness, Emissions, lency, Varicocele, Gleet, Fits, Kid. neys: and all other Wasting Eflects of Errors of Youth or Excesses. SENT SEALED. L8 [l3 Bottles FIVE Dollars, Guaranteed to CURE any case. All PRIVATE DISEASES quickly cus k for men mailed free.. Hall’s Medical Institate 855 BROADWAY. OAKLAND. CAL. Weak Men andWomen HOULD USE DAMIANA BITTERS, TH. great Mexican Remedy; gives Health J to the Sexual Organs. FOR HOPELESS