The San Francisco Call. Newspaper, December 17, 1895, Page 11

4 THE SAN FRANCISCO CALL, TUESDAY, DECEMBER 17, 1895. 11 MASS-MEETING TO ASSIST THE ARMENIANS teps Taken by the Preshyte- rian Ministerial Union. TO BE NON-SECTARIAN. A Committee Will Confer With the Ministers’ Asso- ciation. INTRODUCED BY DR, MINTON. “We Can Pray. but in the Meanwhile OQur Brethren in Armenia Are Dying.” he massacres in Turkey occupied most 10n of the Presbyterian Minis- vesterday. Dr. Minton d the subject. “Itseems to me,” we could have a great mass- of Christians to protest, it might A ssoc t meanwhile our breth- menia are dying. Any resolu- t draft would go into the °t, but a mass-meeting repre- sentiment of the community I effect at Washington. 1t not.to be a Presbyterian meeting, Protestant meeting. It should ve voice to the sentiment of inst the atrocities, not be- cause the Armenians are Christians, but A they are an outraged peovle. I eve on these grounds some of our great vyers and orators would consent to ap- ar on the platform, not on the grounds of Christianity, but of humanity.” r moved that a committee be inted to confer with other ministerial dies, to arrange a grand mass-meeting. 1 ott, Dr. Minton ana Dr. Sevier were ited. Dr. Scott said: *‘There is ncth- that compares in history with the mas- wcres that are being perpetrated in Tur- If the Christian people in this part country would unite in raising their might have its effect, but it is too be season to reach the interior at 1ave some ou personally acquainted with ked Dr. Minton. plied that he had lived for rs in the heart of the oppressed district 1 had traveled extensively in the towns Armenians have toendure at the hands the predatory Kurds, and stated that vretext for the m. cres was the re- stance they were beginning to offer to se outray Said Dr. Scott: enians are a distinet race of e of the oldest races of Asia d a written lang i naltered for over people Min, 1 4550 up to the Roman Catholic chure h that church, owing to a rd to the pérsonaiity of xtent they still use the ch accompany the Catholic ical head of their own s kn Arme Oric ng an enlight nd other educat xcel any institu “Cathol ans are considered the artisans is no doubt 8s to_their race. They have colleges nal institutions which far ns established by the semi- The N S0 outrageo v oppressed for o It is not generally known that these inoffen- <ive Armenians have been subject to the abuse Turks and Kurds for a score of ye 1t such is & fact. For over twenty years ng the fall season the Kurds have fitted out y arming themselves swooped down upon the unsuspecting nians and robbed and plundered whole They have the people at th he marauding tribes have the wh Turkey behind them in their lay During” these intervening years t have been growing more intelligent, and were_being abused eir rights. Conse- 1instead of robbing and plundering as - incited these brutal massacres. n humanity’s sake that we should ren- e outraged Armenians all the assist- at lies in our power. nd said he believed y infidel, if he had a heart, would be will- 2 10 co-operate in such a movement. Dr. Yoodworth and Rev. E. Duprey aiso ‘ex- sed approbation, though the latter 1, “We can talk about sending onr gun- osts through the Dardanelles, but we <hould soon tring the European concert iown on us if we dia.” of the mass-meetin the only rey said, “Russia is 3 that can take charge of the Turks. conclusion of the meeting Dr. H. Bevier and Dr. H. C. Minton visited the ¢lericus to lay the proposition before the alian cle Hearty approval was specially by the chairman, Edward Walk, and by the Mr. Moreland. It was unanimously »d to appoint a committee, which be ready to confer with the Presby- terian committee next Monday, wher the 1ull list of commituees will be read. At the Congregationalist- Monday Club Bevier and Dr. Minton met with hearty indorsements. : Dr. Minton, in laying the suggestion for a mass-meeting before the club, said: “The situation is one of utmost horror. I have been in Turkey and I have seen the yresent Sultan; he is either a fool or a nave, or both. Are we to let this work go on, withont an indignant protest?” Rev. Dr. Williams moved thata commit- tee be appointed, and the fellowing gentle- men were named in pursuance of his mo- tion: Dr. Williams, Dr. C. O. Brown and Dr. Pond. 7 At the meeting of the San Francisco Presbytery, yesterday afternoon, in How- ard Presbyterian Church, the subject of Turkish atrocities was informally discussed and a strong sentiment of protest against them was expressed. Ttisthe in- tention of Dr. H. Bevier, Dr. H. C. Minton and Dr. T. E. Scott to ccnfer with those ministerial-bodies whick could not be reached yesterday. ry effort will be made to see that the mass-meeting is a grand success. > The Cooly Curse. The Manufacturers’ and Producers’ As- sociation are at present deeply interested in the startling revelations of the encroach- ment by the Oriental powers upon the in- dustries of this country and the Pacific Coast in particnlar. They really see that uniess something is done very soon_to remedy this encroaching evil the Pa- citic Coast will be flooded with pauper- made goods from the Orient. How can the manufacturers be expected to pay higher wages than their foreign competi- tors and tosell their goods at the same price? The free-trade decree was in 1892 pronounced by the wage-earner; by their ballot they purchased the inquisi- tion which has impoverished two-thirds of our American people.—St. George Review. —————— A Dog’s Conscfence. In his work on “The Human Mind,” Professor Sully writes as follows in a foot- note: ““One of the clearest examples of canine conscience I have met with was given me by a friena, the owner of the dog and the witness of the action. Theani- mal, a variety of terrier, was left in the dining-room, where were the remains of a cold supper. He got on the table and se- cured.a piece of cold tongue, but, without He described the plundering | Tt > Kurds found they were being | I | Tooki | shall detract from the moral excellence, if { | | | has decided to do business direct with the | | but at that time they severed | gnize the Pope and have | | urks and Kurds, by whom they | Dr. Mathéna expressed warm approval | | Mr. Huntington’s arres | ence of opinion between us; but as to Mr. Mon- | E. Montgomery was one of its originators, | and killed four years ago by W. H. Irvine | of Salt eating a morsel of it, he carried it into the drawing-room, deposited it at the feet of his mistress, and then crawled out of sight, g the picture of abject misery.” ve no wish to say one word which 1h any one likes so to call it, of that terrier, but I may, perhaps, be allowed to analyze his case.” We may suppose he was hungry, poor fellow, but the natural impulse to ap- pease that hunger was checked in presence of that loyal feeling of subservience to the mistress which is the outcome of the dog’s mode of life as the companion of man, and which has probably been developed from certain innate social tendencies of the Canide, which, like wolves and jack- hunt in packs. Note, in passing, that the checking of this impulse was in- complete. Had it been complete, he would never have stolen the tongue at all, and would have remained unknown to fame. His is not the only case in which our mpathies go out toward the imperfectly moral more freely than toward those who are above reproach. ln the case of the terrier, then, the prompting of what we should call a lower impulse, the satisfac- tion of hunger, for the moment got the better of what we should call the higher impulse, obeaience to the mistress; but only for a moment. The higher impulse prevailed, and the dog crept abjectly to kis Iiistress, PUSITION OF M, FOOTE Has Nothing to Do With the Monteith Letter to Mr. Harmon. How He and Judge Morrow Differed on the Question of Indicting Huntington. United States District Attorney Henry S. Foote does not officially recognize the communication sent by Attorney George W. Monteith to United States Attorney- General Judson Harmon anent Collis P. Huntington’s issuance of .the Frank M. Stone pass. Attorney Monteith, it will be remem- bered, claims to have new evidence against the president of the Southern Pacific, and Department of Justice at Washington. Mr. Foote said yesterday in reply to a qne: o, have notgiven the matter the slight- estattention. Mr. Monteith has addressed his communication to Attorney-General Harmon and not tome. I have no business with itat all—it is now the businessof the Attorney- General. I will say this, however: When the matter was before the Federal Grand Jury I told that body that under the law the indictment could not United States_District Judge Morrow di; with me. He thought it would. reason for believing that the indictment would be demurrable was based on the fact that we could not show that any violation of the interstate commerce law had been com- mitted, seeing that Mr. Stone did not use it outside of this State. He went only so far as Redding. Judge Morrow was of the opinion that an indictment would hold, because it was evidently the intention of Mr. Huntington in issuing the pess to let the holder ride on_ it as iar as he wanted to or wherever he desired to go. When 1 went before the Grand Jury I was informed that Judge Morrow had so advised them. Of course, while I presented the law, I deferred to the court’s opinion, because I did not wish to appear as if acting in contempt of court. Well, the indictment was found and a warraut was communicated to New York for Iis arrest followed. What was the result? HeSued outa writ of habeas corpur; ar.d UnitedStates District Judge Brown, at New York, discharged him on the ground that three decisions had already been made by the Interstate Commission in_saccord- ance with the position I had taken. We might prove an act, but to undertake to prove what somebody’s intention may be is another tion. Atany rate, despite all the adverse ment to which my position was subjected, I was sustained by the court, just as Ihave been on the intervention question by United States Circuit Judge McKenna's decision in the Railroad Commission’s case. ow, 1 donot wish to drag Judge Morrow i this matter. I think the court acted con- scientiously throughout—it was only a differ- tieth and the new evidence he claims to have, all Thave gotto say is that it is aadressed to the Attorney-General and I have nbthing to do with it until Mr. Harmon gives me %nstrnc- tions. So Mr. Montieth’s new evidence is now a thing for the department at Washington take cognizance of before Mr. Foote can act. e FAILURE OF A NATIONAL BANK. Collapse of the Lincoln Concern That Was Started by Montgomery, Who Was Murdered. LINCOLN, NEBR., Dee. 16.—The German National Bank, with a capital stock of $100,000, closed its doors this morning, and was turned over to the Comptroller of the Currency, National Bank Examiner Whit- more taking possession. C. S. Beggs is president and G. F. Schwake cashier. The failure cannot be called a bad one; and while it caused a moderate run on other banks, all of which met demands promptly, there was an absence of any great excite- ment. The bank was organized during the most | prosperous eia in Lincoln’s history. It opened for business December 10, 18%6. C. and was its president when he was shot Lake City. From thattime the bank has been losing money, and 1t was the hope of the stockholders to go into voluntary liquidation before many menths. A fairly conservative statement secured this evening puts the total assets at $204,371 and the liabilities at $181,997. Officers of the institution declare that the paper on hand is of such quality as to warrant the assertion that claims will be met dollar for dollar. The failure was not entirely unexpected, as withdrawal of funds have been constant for a number of weeks past., TheState and city are caught for small amounts. - (WHY ISH KILLED CHAPPLE. Story Told by the Slayer While on the Witness-Stand. OMAHA, NeBR., Dec. 16.—James Ish, on trial for the killing of William H. Chapple June 9, on the witness-stand to-day told the story of the tragedy. “] was coming over from my mother's barn,” said Ish, “and saw Chapple stand- ing at the porch. Iasked him what he was doing and he said he had come to fix the sewing-machine. I said it was a funny time to fix the machine and he said if -1 did not want it fixed that day he would come the next and do the work. Idon't know what I said to him. I walked into the house and Chapple followed me in. He walked into the l;)edroom, took off the cover of the sewing-machine and began Jooking it over. I started out of the room and my wife followed me. She asked me 1o start a fire and said we would have tea ready in a_few minutes. “I'saw there was no fine kindling in the basket and started to the cellar for some kindling, and had gone only a few steps when I heard the chairs moving in tie bedroom. 1 went back to the kitchen. My wife was not there. 1 walked back throug! the dining-room and looked into the bed- room. 1 saw Chapple had turned from the sewing-machine and had one arm around my wife and was attempting to take liber- ties with her and she was trying to get away from him. “T was driven wild by the sight. Iran into the bedroom, grabbed my revolver from a drawer in the dresser and ran | through the bathroom and into the room | where Chapple and my wife were. When | 1 reached the bedroom Chapple was stand- ing at the foot of the bed. As I entered the bedroom Chapple raised his revolver | ana fired at me. Ithen fired at him and shot until I thought my revoiver was | empty. I do not know how often he fired at me, and I do not know how often I shot | at him. I was very greatly excited.” — . | FOR THE PACIFIC CABLE. GUNST KEEPS HIS SEAT, The Supreme Court Has De- clared Him a Legal Police Commissioner. ‘ MARKHAM'S APPOINTMENT GOOD Senator Carter Introduces a Bill Au- | thorizing Construction. WASHINGTON, D. C., Dec. 16.—Senator Carter of Montana to-day introduced a bill | authorizing the Pacific Cable Company, | incorporated under New Jersey laws, to | construct a submarine cable from some | point on the Pacific Coast to Hawaii and | Japan. Itis to touch at Pearl Harbor and other points, if deemed advisable. The Government is to be in no way liable for its construction. | A bounty of $25 per nautical mile is pro- vided under the terms of this bill, to be paid for twenty years. The mileage is not | to exceed miles. All Government messages_are to be sent free, and prefer- ence is given the Government's messages | over all others. In case of warthe United 1 3 | Hammond Case Applied to the Ome at Bar, and a Decision Ren- dered Accordingly. M. A. Gunst is now firmly seated in his official chair on the Police Board. The Supreme Court has so decided, and addi- | tional weight is given to the decision by the fact that the court is unanimous in its judgment. The long fight is now ended, and the status of the Police Commission is rather more clearly defined than it was be- fore. Judge Henshaw wrote the opinion, States may take possession of the cable. | Press messages shall not be charged more than half rate of commercial messages. The cable must be constructed | within two years atter the President ap- proves the bill. The capital stock is $2,000,000. Among the prin stock- holders is Abram 8. Hewitt, ex-Mayor of | New York City. Other influential capi- | and before deciding upon the law points | he pithily sums up the situation and the | causes which have led to_the proceedings. It was started by the State in the relation | of Stewart Menzies. The opirion in the | case is as follows: This is an action in quo Warranto to test re- lator’s title to the office of Police Commissioner POLICE COMMISSIO:! NER M. A. GUNST. [From a photograph.] talists of New York and New Jersey are as- sociated with him. . > BUSINESS OF BROKERS. dblom Asks Some Rather Pointed Questions. CHICAGO, Iiw., Dec. 16.—Robert Lind- blom, one of the prominent brokers upon the Board of Trade, has written a letter to President W. T. Baker, in which he asks for a ruling on whether a broker may notdo business for suspended members or any- body else just as long as he does not give the name of the suspended member while making the trade. Mr. Lindblom says: “I have always supposed that it was my privilege as a broker to solicitand obtain orders from anybody, no matter what might be their moral character or their previous condition, and I have always supposed that if I succeeded in getting a bquehshop man to get me a trade I wasa missionary for the board. The same ap- plies to suspended members. I do mnot question vour right to order our members to discontinue intimate connections with bucket-shops by private wires or other- wise, but I am sure that the members in eneral believe that they can fill orders Y501 aiybody without ingalry mEoLehels antecedents. President Baker, when asked what his answer to Mr. Limblom would be, said he could give out nothing. He would lay the whole matter before the board of directors. Mr. Limblom is said to be filling orders for J. R. Willard, who was suspended from the board several months ago. Robert 1. RBRAILROAD OMOTIONS. Changes All Along the Line of the Bur- lington. ST. JOSEPH, Mo., Dec. 16.—George B. Harris, vice-president of the Burlington road, arrived here to-day to consult with General Manager W. C. Brown, of the Missouri lines. While Harris refuses to state definitely all proposed changes he verifies the rumor current that Brown will go to Chicago January 1 to take the posi- tion of general manager of the Burlington, vice W. F. Merrill, resigned. Healso veri- fies the statement that Howard Elliott of St. Louis, now general freight agent of the Missouri lines, will succeed Brown here as general manager. While there can be nothing definite learned it is rumored in railway circles here to-night that D). O. Ives, the present general passengeér and ticker agent at St. Louis, will take the place made yacant by Mr. Klliott and it 1s said that his position will be taken by William Gray, at present assistant general freight agent. el oL RAN INTO A LOCAL TRAIN, Collision of Trains on the Dayton Road at an Open Switch. TOLEDO, Omnio, Dec. 16.—Passenger train No. 8, on the Cincin nati, Hamilton and Dayton Raiiroad, ran into a local train on an open switch near Milton. It is reported that ten people were injured, but none killed. The passenger train was in charge of Conductor John Glancy and Engineer Clark Hoyt. It isalso reported that Hoyt is buried under his engine. The particulars are difficult to obtain, as there is no telegraph office at Milton. The local freight caboose was tilled with feop]e returning from a church festival at Lima. Conductor Glancy, who just ar- rived in the city, refuses to talk, but said that none were killed and the accident was wholly the fault of the local crew. ————— NOT A DISABLED STEAMER. But the Vessel Refused to Acccpt Assist- ance. NEW YORK, N. Y., Dec. 16.—The Pa- cific Mail steamship Newport, which ar- rived in quarantine to-night, brings word that at 5:30 o’clock on the morning of December 13 she fell in with the Atlas line steamer Clarabel, the latter being disabled. The Newport cast a line to her, but later the Clarabel cast it oif and signaled to the Newport to go ahead and report to the agents of the Atlas line in New York. The Clarabel when sighted was in latitude 26.18 north and longitude 29.14 west, which is off the Carolines. A strong west-south- west gale prevailed at the time and a_high sea was running. - One Burned to Death. WINNIPEG, MaxrroBa, Dec. 16.—The Cauchen block was destroyed by fire this mornini. Mrs. Morrice was burned to death, Major Morrice badly burned and others seriously injured. /| | of the City and County ofSan Francisco against the claims of defendant thereto. Judgment passed for plaintiff and defendant appeals. |~ The facts, about which there is no contro- | versy, are: That R. P. Hammond was a me: ber of the original Board of Police Commis- sioners of the City and County of San Fran- cisco, appointed under the provisions of the act of the Legislature fll'l’ru"i‘dAPnl 1, 1878, and commonly known as the McCoppin act. Hammond continued in office until his death, which occurred in_1891. At and after the time of his death H. H. Markham was Gov- ernor of the State, and he appointed D. M. | Burns to fill the yacancy thus arising. Burns qualified, acted and became a member of the board until January 5, 1895, Upon that day a vacancy occurred in the office by the res- ignation of said Burns. The Governor of the State, H. H. Markham, upon sail last-named day, appointed defendant, Gunst, to fill this vacant office. Upon the 7th day of Jannary Gunst qualified and entered upon the discharge of his duti Thereafter, on the said day, the said H. Markham was succeeded Governor of the State by James H. Budd. Upon January 13, 1895, Governor Budd gave notice in writing to said Police Commission and to the individual members thereof, includ- ing the defendant herein, that he had removed sald defendant from office, and he likewise caused formal declaration of removal to be filed in the office of the Secretary of State. Upon January 21, 1895, Governor Budd ap- poiited relator here{n Police Commissioner of the City and County of San Francisco, “vice M. A. Guust, removed.” Menzies duly qualified #nd upon Gunst’s refusal to surrender, this pro- ceeding was instituted. There is no distinction in principle between the contention made by appellant in this case and that made in ople ex rel. Hinton vs. Hammond (66 Ci ana there is likewise no important distinction in fact. The main difference is that in the Hammond case Hinton was appointed to succeed Hammond, while here Menzies was appointed after the declared removal of Gunst. But “as the mere appoint- ment of a successor would, per se, be a removal of the pricr incumbent (ex parte Heenan, 13 Pet., 261; Blake vs. United States, 103 U. 237), the distinction becomes immaterial. B ‘while the Frcscnl case cannot be distinguished in principle from that of Hammond, it is earn- estly insisted that the court erred in that de- cision, and in others in which the interpret tion gi the Hammond case is adopted and fol- owed. The claim made is that the Governor has the power to remove and appoint the Police Com- missioners at pleasure, and it is insisted that this elaim finds support in sections 4 and 16 of article XX of the constitution, together with section 875 of the Political Code. By the Ham- mond case it was decided that no term of office of Police Commissioner was fixed by the Mc- Coppin act; that no authority was given to the appointing power aiter making the origi- nal appointments, except to fill vacancies, and that the Governor could not appoint in the absence of a vacancy or create and fill a vacancy by appointing some one to succeed an incumbent, It cannot be assumed that the constitutional and code provisions, upon which appellant re- lies,qwere overlooked by the court in deciding that and kindred casés. An examination of their records discloses not only that they were cited in the briefs of counsel and in the peti- tion for rehearing, but that the claim of the power of the Governor to appoint at pleasure was sttronzly pressed upon the attention of the court, y But as has been intimated People vs. Ham- mond is not a solitary case among the de- cisions of this court. Ithas (ormad%he Dbasis of other judicial determinations and its prin. ciples, both in department and in bank, have been repeatedly afirmed. In_People vs. Pond, 89 Cal,, 140, sections 4 and 16 of article XX of the constitution were cited to the courtin bank and it is said: “The questions argued by counsel for peti- tioners are not new. They may not have been presented so forcibly or with as great perspi- cuity as before, but they have been determined adversely to the contention of the petitioners, after careful consideration of the constitu- tional and statutory visions germane to the subject, and we feel constrained to adhere to the construction heretofore adopted. The contention of petitioners, who claim to have been elected as members of the first Board of Superyisors, has been settled adversely to them in the decisions in Desmond vs, Dunn, 55 Cal., 248 and 249, and People vs. Board of Election Commissioners, 12 West Coast R 366, and the claim of the others by the eisions in Staude vs. Board of Election Com- missioners, 61 Cal., 313: Heinlen vs. Sullivan, 64 Cal., 878, and People vs. Hammond, 66 Cal., 658. “T'ne effect which a decision overrulingjthese cases would have upon municipal proceedin; for over ten years past is so apparent that it Ts unnecessary for us to point out the reason why we should adhere to the decisions referred to— at least so far as the Board of Supervisors are concerned—even though we should believe that they were based upon an erroneous con- struction of the provisions involved; and. though the rule applies with less force to the case of the Police Commissioners no good rea- son has been shown why the decisions hereto- fore rendered should be departed from. If the rinciple is wrong or the system works unsat- pllaclorlh the remedy remains with the peo- o In People vs. Edwards (93 Cal.,153) the power of the Governor to npl)ohu a Fire Com- mission was under consideration. The circum- stances were substantially the same as in the Hammond case, the present constitution there as in the Hammond case having abolished the original oppointing power. The conrt said: “Questions involving the same principle as those under discussion were decided in People vs. Hammond, 56 Cal., 654. Under the act of April 878, the respondent in that case and two others were -pgamud by certain District Court Judges named in the act Police Comwmis- sioners for the City and County of S8an Fran- eisco.” ‘By‘the’ constitution of 1879 the Judges of the court named were superseded, but the powers given to them by the act referred to were not vested in any other person or tri- bunal. It wasclaimed by the relator in that case as it is by the relator here that under sec- tion 8, article V, and section 16, article XX, of the constitution the office became vacant at the expiration of jour years from the date of defendant’s appointment, and that the Gov- ernor had the power to fill such vacancy. These contentions did not receive the sanction of the court. It was held that there was no vacancy which the Governor was authorized to ill. Unless that ease is 1o be overthrown it is aneuthoritative adjudication against the elaim of the relator heréin, and entitles the deferd- ant to hold the office until his successor has been appointed or elected and has qualified, or until the office has been abolished by the power which created it. It would be sufficient 1o rest the decision herein upon a reference to that of other cases involving similar questions. | “It is claimed that section 16 of article X of the constitution makes it unlawful to oc: cupy an office created by the Legislature for & longer period than four years. provides that when the term of any_ off commission is not provided for in the consti- tution the term of such office or comm. may be declared by law. * * * But case shall such term exceed four years. question, also, was passed upon in People vs. Hammond, in 56 Cal, 664, and requires no further notice.” In People vs. Mortison, 96 Cal, 605, the Hammond case being again cited and dis- cussed, it is seid: “This contention was fully presented by eminent counsel in People vs. Hammond, in 56 Cal,, 654, and u petition for rehearing was filed and denied. ~After such consideration and determination by the court, we thii point should be treated as finally settled. It is thus apparent that the principle of the Hammond case has notonly been reaffirmed but has formed the basis of judicial determin- atious involving ihe existence and mode of filling other offic As was said in People Pond (supra), “The eflect which a decision overruling these cases would have upon mu- nicipal proceedings for over ten years past, 0 appurent that it is unnecessary for us to point out the reasons why we should adhere to the decision referred to.”” And to quote People vs. Freeze, 85 Cal, 453: “We see no_good reasons why the rule of stare decisis should not govern this case; and looking ahead we see good reasons why it should. It is not a matter of much importance who should tempo- rarily have the office struggled for here. But it is a matter of considerable importance in order to avoid uncertainty and disorder in the future that those exercising the power in: the premises may have a settled ruie to go by.” The judgment appealed from is aflirmed. Hexsnaw, J. DR. HEARNE. The Accused Man’s Wife Wept Bitterly in Court. BOWLING GREEN, Mo., Dec. 16.—John E. Stillwell was the first witness examined 1n the trial of Dr. Hearne this morning. Witness testified that he was present at the Munger card party on the night of the murder and played cards with the mur- dered man and his wife; that Mrs. Still- well was very morose aud absent-minded, so that he was fearful the company would take offense. Upon arriving at the home of his uncle, after the murder, Dr. Hearne was there. Hearne examined the wound and ex- claimed, ‘‘Hit him a good one, didn’t he?” An important fact testified to by the witness was that no blood was found in the depression made by the head of deceased falling to show that he had been struck elsewhere and placed there. During the examination of the witness Mrs. Hearne lost her self-control and wept bitterly for a few moments. ——— MAY SOON MAKE A MATCH. Stuart Expects to Arrange the Maher- Fitzsimmons Fight. DALLAS, Tex., Dec. 16.—Dan A. Stuart reached Dallas from New York last night and at once put himself in telegraphic communication with Martin Julian and | Fitzsimmons at Houston, Tex., in regard to the proposed fight between Maher and | Fitzsimmons. The tone of the replies to | Stuart’s telegrams was so satisfactory that | the famous matchmaker departed from | Dallas to-night to meet Julian and his protege at Houston. If no obstacles are | encountered to-morrow Stuart will take Fitzsimmons out on the Gulf of Mexico far enough to be bevond the_ jurisdiction i of the State of Texas and formally sign | the agreements necessary to clinch the | heavy-weight championship match. | et ! STRUGGLE OF THE TAILORS. They Call It a Strike and the Employes Lockout. NEW YORK, N. Y., Dec. 16.—The work- ing tailors of the city are engaged in an- other big struggle. The Brotherhood of | Tailors cails it a lockout, the employers | call it a strike. In all of the 500 ahop:i owned by the members of the National | Protective Association, the employers’ or- | ganization, a notice repudiating their | former agreement with the union was | posted this morning, and as a result more than 2000 tailors, it was estimated, refused to work, The executive committee of the associa- tion expect to have the eniire 7000 mem- bers of the association out. H e i SUICIDE OF BYRON REED. { Known in California and Indiana as a Musician and Photographer. KOKOMO, Ixp., Dec. 16.—Byron Reed, | well known in Indiana and California ss a photographer and musician, committed suicide here on Sunday night. He was a sufferer from Bright's disecase and shoc himself during the absence of his family. The following note was found: My life is not worth the candle, hence I shut itout. With fuil faith in immortality I ho) to meet you all in the sunny land. Just as the sun now sets so sets my earthly life. He was 67 years old and a pioneer resi- dent of this city. e e e Cleared of the Swindle. CHICAGO,. Iun., Dec. 16.—Judge Sho- walter this afternoon quashed the capiases against Daniel P. Eberman and Alvan W. Ketchum, accused of being associated with Harry Leon in the recent swindle of New York jewelers. The men will be released to-morrow morning. - This ends the case, so far as the United States courts are con- cerned, but an effort will be made to get the case before the State courts as soon as possible. The capiases were dismissed on the ground that a statement made by a conspirator to a third person is not suffi- cient for that third person to make an affidavit upon. ————————— Assigned to a Trust Company. CHICAGO, Irn., Dec. 16.—Harry R. Graham, boot and shoe dealer at 254 Madi- son and 378 Grand boulevard, made an assignment to-day to the Chicago Title and Trust Company. The assets are scheduled at $35,000 and the liabilities are said to be $25,000. .- Redwood City Offenders. REDWOOD CITY, Cal., Dec. 16.—Pablo Gonzales, who garroted and robbed Rus- sell Rand of San Mateo of $26 85, pleaded guiity in the Superior Court to-day, and was sentenced to seven years’ imprison- ment at San Quentin. Alfred Kinnell, who broke into the freight depot of the Southern Pacific Company and stole an overcoat and some articles of merchan- dise, pleaded guilty, and was sentenced to ten yoars' imprisonment at Folsom. ——— Redwood Gity’s Lighting System. REDWOOD CITY, Car., Dec. 16.—The town has been wired for incandescent elec- tric lights, and the power building is about ready to receive the dynamos. The building is of corrugated iron with hard- wood and other substantial interior finish. The power plant is located in a central rt of town, in the rear of Germania all, on a corner lot 50x300, with one front- age on the Redwood Creek bulkhead. Coal and other fuel can be unloaded from bay | | JAMES K’ schooners within fifty feet of the spot where it will be consumed, reducing the cost of electric production to the mini- mum. The incandescent system will te in operation early in January S — REJECTED BY VISALIA FARMERS. A Proposition Which Gave the Packing- Houses the Long End. VISALIA, Car., Dec. 16.—The propo- sition from the Cutting Packing Company to the farmers of this vicinity looking to the erection of a packing-house the farmers to be used by the Cutting m- pany for the purpose of canning fruit®and vegetables raised in this vicinity has been rejected by the Visalia Board of Trade. The offer appeared to be entirely in favor of the packers, and the growers decided that it would not pay them to incur the expense contemplated. The Board of Trade appointed a com- mittee consisting of Ben M. Maddox, Major C. J. Berry and J. Sub Johnson to solicit subscriptions to a fund with which to pay some experienced man to come here and superintend the planting of sugar beets in order to have a thorough test made of the.soil in the vicinity of Visalia. — Taterred at Modesto. MODESTO, Car., Dec. 16.—The late J. D. Spencer, ex-Clerk of the Supreme Court, was buriea here Sunday by the Masons. Despite the rain hundreds attended the obsequies. CHRISTMAS HONEY-SAVING essons daily at 750 Mission street. Say, isn’t it nice to have your friend estimate the cost of your gift at least 25 per cent above what you paid ? That's what will happen if you buy it here. Exquisitely pretty Boudoir Desks, Tea Tables, Tabourets, Fancy Rockers, Chairs, etc. The prices alone remind you of Mis- sion street. Open evenings. INDIANAPOLIS FURNITURE CoO. 750 Mission St DOCTOR Hicker's ENGLISH ~ Remedy willstopa cough in a night, check a cold ina day, and cure consumption if taken in time. If the little ones have Croup or Whooping Cough, use it promptly. Croup is avery fatal disease. Fully one- half of ) those a tacked di The great s, danger is ”in delay. The disease progresses so Tapidly 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 in the house for emergencies. A 23 cent bottle may save your child’s life. Three sizes: 25¢, 50¢, $1. All Druggists- \ACKER MEDICINE CO. . 16 & 18 Chambers St., New York. EPPS’S COCOA BREAKFAST—-8UPPER. *BY,A THOROUGH KNOWLEDGE OF natural laws which govern the operations'8 digestion and nutrition, and by a careful applics tion of the fine properties ot well-selected Mr. Epps has provided for our breakiast and supper a delicately flavored beverage, which may save us many heavy doctors’ bills. It is by the judicions use of such ariicies of diet that a consticution may be gradually built up until strong enough to resist every tendency to disense. Hundreds of subtle maladies are fioating around us, ready to aitack wherever there is 3 weak point. We may escape any a fatal shaft by keeping ourselves well for:i- fled with pure blood and a properly nourished trame.”—Civil Service Garette. Mide simply with boiling water or milk. Seld only in half-pound tins, by grocers, labeled thug JA PS & CO., Ltd., Homaopathi Londo Chemi England | | | | Pantries, Servants’ Rooms, et AUCTION SALES. At Auction THIS DAY TUESDAY... DECEMBER 17, 1895 AT 12 o'cLock NOON. At 608 Market Street, Opp. Palacs Hotel. REFEREE’S SALE. THE MAGNIFICENT MANSION, With Large Corner Lot, being the Southeast cor. of O’Farrell and Gough streets. Lot 60x137:6 feet, with an L on southeast corner, 30x34:4% feet. . The subdivisions of this mansion comprise Salon Parlors, Reception and Dining Rooms and Grand Hall, which open together, making one grand room Butler's and other ,on first floor an- nex; fine large Bedrooms, Dressing-rooms, Bath- rooms, Toilets, ctc., on second floor; space for three large roomsin attic: Storerooms, Coulroom, ‘Wineroom and Leundry in basement; basement cemented; large, handsome grounds; streets bitu- minized and basalt rock; front walk cement stone. Surroundings cannot be excelled. Neighbors are of the first-class order. Car accommodations not excelled. N.B.—To examine this property please’ obtain card from the auctioneers. % MISSION RESIDENCE. South line, No. 449 Jersey st., east of Castroi | cozy residence of 7 rooms and bath; cement side- | walk: must be sold; Castro cable and 2dth-sts | electric; lot 26x114. LISERTY HEIGHTS RESIDENCE LOTS. North line 21st st., eust of Noe; elegant viewy streets in fine conditio and S. M. electrie | and Castro eable; lot 25x114. EASTON, ELDRIDGE & CO., 638 Market street. Auctioneers. OFFICE &5 ESROOM 633 e, S“tf,,&.gac: Hore, 'AT AUCTION Tuesday, Dec. 17, at 2:30 and 7:30 i Thursday, Dec. 19, 18903, at 7:30 o’clock, Evening. Saturday, Dec. 21, at 2:30 and 7:30 IN THE OLD ¥ M C. A Eall No. 232 Sutter St., near Kearny, To pay advancesand duties, by order of MR. A. A, AGUPDJTAN, the shipper. RUGS! From the following countries; Kurdistan, Kirman, Shiraz, Cashmere, Boukhara, Shir= van and Persia and Other Eastern Districts, ALSO: Carpets, Hall Strips and a Rare Collection of EMBROIDERIES Frés exhibition, commencing THURSDAY, Dey cember 19, 1895, at 9:350 A. M. 1o 10 P. ., ant continuing daily. Catalogues at hall and at our office, EASTON, ELDRIDGE & CO. Auctioneers. INDIANA AUCTION COMPAXY. Office—120 Sutter street, Room 25. THIS DAY, Tuesday.... December 17, 1895, At 2,0'clock P.3r., and continuing, at 22 GEARY STREET, NEAR KEARNY, ....WE WILL REOPEN.... THE ASSIGNEE SALE, Formerly held at the Mills Building, consist- ing of the VERY CHOICEST OF \JAPANESE ART OF ALL KINDS. ++--Also, a Limited Number of.... Royal Danish Terra Cotta Ware, The only Ware of the kind for sale on the Coast, We wish it thoroughly understood that this sala is what we state, without iimit or reserve, and also that it is well worth the attention of people in- terested in Fine Art. H.J. LEUTHOLTZ, Auctioneer. B. M. BIRDSALL, Proprietor. AUCTION SALES. THOROUGHBREDS ! SALES AT AUCTION. P 2 Salesyard, Cor.Van Ness Ave. and Market St. At T7:30 p. UNDER CANVAS and by ELECTRIC LIGHTS. | TUESDAY, DECEMBER 17, 1895. Yearlings and Two-Year-0Olds, Get 0f SALVATOR, S1R MODRED. DAREBIN, MIDLOTHIAN, MAXTM, MARTENHURST, TYRANT, TORSO, CALVADOS, ST. AN- DREW, FITZJ AMES, etc., property of RANCHO DEL PASO. WEDNESDAY, DECEMBER 18. ¥TEARLINGS, Get ot IMPORTED MIDLOTHIAN, IMPORTED MERRIWA AND PEEL, property of JAMES B. CHASE, ESQ. Also, Yearlings and Two-Year-Olds, Get of IMP. INVERNESS, BROWN FOX, THE PEPPER and HYDER ALI, property of BITTER ROOT STOCK FARM, MONTANA, MARCUS DALY, Proprietor. THURSDAY, DECEMBER 19, The Toduunter Thoroughbreds, -...COMPRISING. ... 15 Brood Mares and 11 Yearlings, The brood mares comprise such noted ones as HAIDEE (dam of Rey Alfonso), EDA (dsm of Chas. Quick), LIZZIE_ [DLE (dam of Jimmy Duff: and Princess First), KATIE LIZZIE HOOKEK, ANNIE ROO. A (dam of Tigress), ONEY, ete ) INDIARA' AUCTION €O, Office—120 Sutter st., room 25. THIS DAY. Tuesday.... .«December 17, 1895, At 11 o’clock A. M., on the premises, 346 THIRD ST., NEAR FOLSOM, +es.WE WILL SELL.... The Stock and Fixtures of a French LIQUOR STORE, Consisting in part of: Foreign and Domestiq Wines, Liquors and Cigars, Side Bar and Shelve ing, Showcases, etc., etc. H. J, LEUHOLTZ, Auctioneer. B. M. BIRDSA'LL, Proprietor. REFEREES SALE! AT AUCTION. SATURDAY. Saturday... ......December 28, 1895, At 12 o'clock noon, at Salesroom of G. H. UMBSEN & CO,, Auctioneers: 14 Montgomery Street. MURPHY-GRANT PROPERTY, Northeast Corner Bush and Sansome Streets. Lot 187:6x187:6, and brick and iron improves 'y | ments. -Subject to a 18ase with Murphy, Grans & Co., expiring December 31, 1896, for $2200 per The yearlings are from these mares and the get [ month, total monthly rental of property being $32 ot imp. Merriwa and Prince of Norfolk. Also two trotting bred yeariings by Silver Bow. Catalogues now ready. Horses at salesyard Sunday, December 15. KILLIP & CO., Auctioneers, 30 Montgomery street GUSTAV H. UMBSEN, Referee. | Further particulars please apply to G. H. UMBSEN & CO,, Auctioneers, 14 Montgomery street.