The San Francisco Call. Newspaper, December 28, 1895, Page 5

THE SAN FRANCISCO CALL, SATURDAY, DECEMBER 28, 1895 5 HARMON AND FOOTE IN A SERIOUS TANGLE Misunderstanding Regard- ing the Intervention Suit. SOMEBODY IS IN ERROR. A Pertinent Reply to a Pointed Letter Sent to Wash- ington. THE HUNTINGTON PROSECUTION There Is Good Promise of the Matter Again Going to the Grand Jury. Recent developments in connection with the intervention proceedings brought by the United States in the suit of the Southern Pacific Company against the Railroad Commission of this State would seem to indicate that the Attorney-Gen- eral of the United States is not as familiar with the important work of his department as the public generally believe or that he is endeavoring to shift the responsibility for certain acts of the Department of Jus- tice to other shoulders tnan his own. About two weeks ago George W. Mon- i this City addressed a communi n to the Attorney-General of the United States, the full text of which was pub- lished exclusively in THE CALL of Decem- ber 15, It called attention to the alleg failure on the partof United Stat trict Attorney Foote to properly press the prosecution of C.P. Huntington on the charge of having issued a pass to Frank M. Stone in contravention of the interstate- commerce law; recited the po ion of new evidence in the case which it was claimed would insure the conviction of Huntington, and suggested that special counsel be employed to prosecute the case. The letter then continued as follows: You evidently have but little knowledge of > conditions prevalent in San Francisco with e to the prosecution of cases in which his from the fact th that has been mac incumben of your predece: e cases undertaken in deral courts, both civil and e ich the railroad company is intere: irection of the aid as a taunt or insult, but v as a self-evident fact borne out by the is attributed to your ignorance itions that exist here, because it is Leen e rse of your department in this 3 u have any doubt on I will refer you to the most our department in interven- oad Commission case on a re it was proposed to save the ent action in the ition w railroad-ridden pittance of 8 per cent, and where your depart- ment deliberately interposed at & time most while it r thirty years, during riod of time the Government’s finan- the Central Pacific Company nost ruined by as scandalous and ced a species of larceny as was ever wit- lized community. ou come into that case and the ability oi the railroad to pay the Government will be aifected by the proposed reduction of freight rates, while you have p mitted the Southern Pacific and Central Pacifi thieves to denude the road of its rolling stock by the simple application of a paint brush, to steal its land and subsidy and to run away with a large portion of the proceeds of its bond issues, not to meztion the wholesale disposition of immense portions of its daily income in maintaihing a corrupt political machine on the dormant one hand and a system of wholesale bribery on | the other. When you refuse in terms or lay this appeal in some conyenient pigeon-hole, to be buried in the dust of ages, it will be time to ask Con- gress to investigate that strange influence that always seems to control the Washington Goy- ernment in the interest of the railroad when- ever opposed to that of the people. To this communication of Mr. Mon- teith’s came a reply vesterday as follow: “DEPARTMENT OF JUSTIC! i “WasHINGTON, D. C., Dec. “George W. Monteith, Crocker Buildin, Francisco—SIR: letter of the 14th inst. It is couched in most extraordinary terms, and, consider- ing that it is written to one who is an entire stranger to you personally, and almost a stranger officially, it makes charges and assumptions against this de- partment which I might very well resent. But I am here to discharge my duty, as I understand it, and therefore prefer to con- sider the business suggestions of your letter only. “As the Government prosecuted persons who violated the laws in California during the strike of 1894 it certainly has not de- chned and will not decline to prosecute any others, no matter who they are, who were shown by the developments of those trials to have violated thelaw also. But as I have no reason to distrust the fidelity of Mr. Foote to his sworn official duties, T, to-day. write to call his attention to the matter and direct him to take such.action as ought to be taken. «I shall inquire into the matter of the intervertion of the Government to which you refer, which was taken without in- structions from this department, and if it shall appear to have been improper will act accordingly. Very respectfully, «Jurpsox Haryox, Attorney-General.” Tn view of the fact that this ietter, while expressing full confidence in Urited States District Attorney Foote, stated that he had been directed *‘to take such action as ought to ke taken” in the Hunt- ington matter, and that the intervention proceedings had been instituted without instructions from the Department of Jus- tice, a call was made on District Attorney Foote to ascertain the exact status of af- fairs in connection with these two most . important matters. Mr. Foote admitted that he had received a letter from Wash- ington bearing on these subjects, and, also, that he had prepared his reply, but de- clined to make ¢ither public, on the ground that they were on official business of a confidential character. 1n reference 1o the Huntington matter, however, he said: | «If they have any new evidence, such as they claim to have, and which is alleged to be sufficient to convict Mr. Huntington, the matter can be and should be brought before the United States Grand Jury. It does not lie withi me to initiate the prose- cution for such an offense. It lies entirely with the Grand Jury, which must first in- vestigate the circumstances and then file an indictment. When the case comes to trial my duty begins, and I shall certainly perform it fully in this case, as in all others. e 5 5 **So far as the intervention proceedings I have just received your | | in the railroad case are concerned, I had in- structions and full authority from the De- partment of Justice to begin them, though | Tam not at liberty to divulge the contents of :ie letter containing this information. The letter was not signed by the Attorney- General himself, but by Holmes Conrad, who s then acting Attorn ieneral and who is now Solicitor-General, and who on that oceasion wrote for the Attor- ney-General. It is probable that the At- torney-General has not examined the files to see whether this letter was written or not. “I may add that before the intervention matter was heard before Judge McKenna, Attorney-General Fitzgerald aemanded to see my authority and instructions for brinzing the intervention suit, as he had a right to do under the Throckmorton deci- i'sion, being a party to the suit, and I sub- mitted the letter to him and to two of his associates in the case, Judge Hayne and W. W. Foote. “When Attorney-General Fitzgerald sub- sequently went into court he stated that he bad seen this letter of instructions, the contents of which, however, were not at that time divulged.”” From another source Mr. Foote's state- ment regarding the letter of instructions was fully confirmed. It was learned that the letter bore date of November 7, 1895, and was of considerable length, but that ause was admitted to convey explicit instructions to act in the matter. This clause, as remembered by the gentleman trom whom the foregoing facts were ob- tained and who was undesirous of having his name made public, reads as follow “You will please appear for the United States by such form of pleading as in your judgment will best serve to secure to them such rights as they may have in the sub- ject of this suit and to protect them against PONEER OF PLIMOUTH 1 Lode Has Been Incor- porated. KENNEDY MEN SHAREHOLDERS. | Another Abandoned Mine of Early Days That Promises Big Returas. A deal has lately been made that means the opening up of another big buliion- producer on the mother lode. stockholders of the Kennedy and one of | the men who puta big fortune into that | mine before a ton of ore was crushed, has, with several of the shareholders of the Kennedy, formed a corporation for work- ing the Pioneer at Plymouth, in Amador County, which he has been handlingalore for several years. The 500 and 600 foot levels will be opened up immediately. The history of the Pioneer is similar to that of the Kennedy. It was opened early in the '50’s by Mr. Hooper, whose sons are now leadi lumbermen in this City, and was worked down below the drain tunnel until the heavy cost of handling water in those days and imperfect milling caused its abandonment. The ore had become richer, however, as they went down. When Martin & Ballard started up the New London mine at Plymouth they gath- ered in all the mines adjoining, including the Pioneer, whizh they did not open up. ‘When they gave up the New London and went over into Tuolumne County to open | up the now famous Rawhide they sold all these mines to Dr. Boyson. Inthe spring of 1893 Dr. Boyson began work on the Pioneer and has since ex pended a large amount of money in de oping it and puiting up a twenty-stamp mill. A shaft was sunk to the 400-foot level equipped with a large steam hoist. The ore which has been milled was partly of high grade, as rich as from the old workings, but not sufficient to work alone. In addition to this an extensive ledge of low-grade ore cs 300- foot level, when did not pay for miliing, but on the 400-foot level everything taken out went to the mill. In all these operations Dr. Boyson had s{)ent a large amount of money, and before, the mill began to vield, realizing that the undertaking had grown too large for one man to handle, he accepted a proposition ast summer to sell the mine to a French ndi a short bond. He went over in October to conclude negotiations, which were satisfactorily arranged, but between his departure from Paris and his arrival here the big panic in_the Paris exchange came on nnh the Parisians defaulted in their payments. On the suggestion of some of his old friends in the Kennedy Company he in- corporated the mine and disposed of one- fourth of the stock to them. The mine is now being run as a close corporation witia They are: Ex-Judge John Currie; John Barton, president of the Kennedy; Louis Reichling, secretary of the Kennedy; George Goodman, a director in thé same company, and Dr. Thomas Boyson. The mine is in charge of Robert Robinson, a well-known mining engine: THE JOURNEY OF A RABBI er. Rev. A. E. Hirschowitz’s Trip to Japan to Perform a Ceremony. WILL DIVORCE RICH PEOPLE. He Went Away in the City of Peking on a Remarkable Mission. The one topic of all others in orthodox Jewish circles during the past week has been the mysterious journey of Rabbi Abraham E. Hirschowitz to Japan. The reverend gentleman left this City on the City of Peking December 21, without hay- ing taken a formal farewell from his con- gregation, though he had received a tem- porary leave of absence that enabled him to visit the Orient. Rabbi Hirschowitz is the pastor of a strictly orthodox synagogue on Mission street, the congregation of which is not blessed with an abundance of this world’s possessions. As he himself, and, indeed, as his people do admit, the really orthodox Hebrews are nearly exciusively compased of the poor of their race who faithfully ad- Dr. Boyson's Mine on the Mother | Dr. Thomas Boyson, one of the largest | some big names on the board of directors. | here to old forms of worship, without the introduction of innovations of any kind; so_the rabbi is not an opulent divine, fa- miliar in society. Yet he traveled to Japan in style befit- ting a man of wealth accustomed to luxury, for he occupied a selected state- room on the fine steamer, and gave evi- dence of having command of considerable money on his departure. “This fact impressed itself on his friends and caused all the more speculation, since it was known that their rabbi could but ill afford tu make such a long journey in luxurious fashion. Questioning availed tittle. The purpose of Rabbi Hirschowitz’s trip was kept secret from his congregation, even from his friends; although it has since transpired that he went to the Orient to perform a very important function of i ish rabbi. But what that ceremony was could not be ascertained by those who knew of the rabbi’s going away. Every movement in connection with the matter was studiously clouded in that direction. Some had it that he was called across the wide ocean tq marry a wealthy couple in the Mikado’s kingdom—a couple wio would not accept the civil marriage by the United States Consul-General at Yokohama as binding, or in fact a marriage outside the church at all. This was an ultra-orthodox view, and it found many ready adherents. The truth was, however, quite opposite from the generally accepted belief. Rabbi Hirschowitz was taken to Japan to perform a divorce according to the tenets of the strict orthodox observance. So much is certain, but who it is that seeks the divorce is a mystery here. It is known that the interested married couple dwell in Yokohama, that they are very wealthy—-even millionaires—and that they would not accept a divorce from the hands of the United States Consul-General in that city, although his powers are tan- tamount to those of the Federal courts in the United States. A civil separation was not enough in their eyes; it should be strictly in line with their religious convic- tion So they secured the services of an ortho- 3 of whom the most accessible to Japan was nearly 5000 miles away, and paid all his expenses and undoubtedl handsome round sum in addition for his time, trouble and services. That the United States consular decree of divorce should not have been accepted is regarded here among Jewish people as extraordinary, since a civil divorce is usu- ally taken by members of the Hebraic faith in America. For that reason, 100, it is sur- mised that the couple in Japan belong to the ultra-orthodox church, and possibly are Russian Jews. Miss Hirschowitz, a daughter of the rabbi. stated last night at her home, 51 Langdon street, that her father had eone to Japan on private business and would possibly re- turn on tne next steamer leaving after the arrival ofthe City of Peking at Yokohama, ‘*He has gone there to divorce & married cou{vlc ?” she was asked. “Well, you know as much as myself,” | *No, it will not be accepted by othodox Jews. ' You know othodox Jews could not marry again_unless divorced by their rabbi—otherwise it would not be a divorce at all.”” 5 Further than this she would not discass the matter, explaining it was confidential with a few friends in San Fran cisco. e = Fractured His Skull. Louis §t. Amant, a North Beach resident, was treated ai the Receiving Hospital yesterday for | a fractured skull. About 4 o'clock he boarded | Powell-street car, end when the conductor | called fc St. Amant, who was intoxicated, refused 1o pa , but forcibly, the con: ductor ejected him from the car, when he made | for the sidewalk, falling just as'he reached the | curb. He will recover. JOHN SULLIAN'S ESTATE Incorporation of the Heirs of One of the Earliest Pioneers. ; FAMOUS IN MINING HISTORY. Was the Founder of the Hibernia Bank and a Very Charitably Disposed Man—The Estate. The heirs of the late deceased capitalist, John Sullivan, filed letters of incorporation yesterday afternoon. The property is capitalized at $1,000,000, with 10,000 shares | at $100 each. The articles are signed by Francis J. Sullivan, Charles A. Sullivan, Ada E. Sullivan, Belle Sullivan Turner, Henrietta Sullivan, Frances V. Sullivan, | Georgia B. Sullivan, Emmet V. Sullivan and Mary Pigott. All are children of the late capitalist except Mary Pigott, who has been their gnardian. The property of the corporation embraces valuable land in San Francisco, San Mateo and Santa Clara counti It preserves the estate of one of San Francisco’s very early pioneers. . John Sulliy came to California in 1847 from St. Joseph, Mo., by way of the Truckee Pa: He settled in San Fran- cisco and bought real estate. The title deeds of Lis two_fifty-varas on the corner of Pacific and Dupont streets bear the date of 1846. When gold was discovered he located at Sullivan’s Creek, Tuolumne County, which rich claim he discovered. Bancroft states that in one day he made $20,000 by mining. He opened a store at that place and sold merchandise at fancy prices. All the profits he invested in San Francisco real estate. With riches came | benevolence and charity. He was a | devout member of the ~Catholic church and gave liberally to its cause. He | assisted materially” in_building old St. Francis Church on Vallejo street. He gave thelot on California street where the old St. Mary’s now stands. He bought and deeded the site of the present Palace Hotel to the Catholic Or- phan Asylum. He built, as his books show, the old St. Patrick’s Church for $10,600. This old church, now known as Holy Cross Church, stands on Eddy street, near Scott. To the Presentation Convent and the Sacred Heart College he con- tributed liberally. A. B. McCreery also donated five blocks of Jand, part of the Perry & Edwards Tract, to Calvary Ceme- terv. In fact he was foremost in all chari- table works. Nor did he neglect financial matters. On April 2, 1859, he organized, with Robert J.Tobin, Willlam: McCann John C. Horan, D. J. 0"Callaghan, Michael Cody, N. K. Masten, John Mel, C. D, O’Sullivan, James Ross, Edward Martin and John MecHugh, the now celebrated Hibernia Savings and Loan Society. He became its first president,'John McHugh vice-president, John Me! treasurer and Richard Tobin attorney. It was then a stock Tstiultion, with a capital of $600,000, divided into 6000 shares. If be had done nothing else his name should be cherished by the people of small means, as the great institution bas been a rock of safety for depositors from that time to this. The eldest son is ex-Senator Frank J. Sullivan. After thirteen years and over as executor of his father’s estate he relinquished Lis great trust and the estate of one_ of the very earliest ¢f the ioneers was divided among his heirs-at- law, to be preserved, asabove stated, in the Sullivan Estate Company. ——.—e The most remarkable woman in politics in Japan is Mme. Hatoyama. When her husband, a leader of the progessionist party, ran for Parliament she took the stump and made speeches in his interest— a very extraordinary thing for a Japanese lady to do. She is now a teacher in the | | | | | | | | | HER LITTLE GRANDSON THE CHILD 1S REACHING OUT FOR HIS OWN. A Contest Is Made of the Will of Mrs. Mary B. Toland. William Gridley Toland Believes He Has Been Treated Unjustly. | | | the boy’s interests in their care, and on the 17th of this monih they were ap- pointed his attorneys. They prepared the following papers and filed them yesterday worning in open court: In the Superior Court of the State of Cali- n and for the City and County of San Francisco. In the matter of the estate of Mary B. To- land, deceased, opposition of William Gridley Toland. To the Honorable Superior Court of the State | of Calij Comes now your petitioner, William Gridiey Toland, by Delmas Short- ridge, his attorneys, and respectfully shows to | this court thaf I.—Mary B. Toland died intestate on the 14th day of November, 1895, in the City and County rancisco, State of California, being a ent of said City and County, and leaving sisting of real and personal prop- erty therein and elsewhere, of the exact vaiue | and location of which your petitioner is unin- formed. IL.—Mary B. Toland left surviving her no | husband, nor any issue nor descendants of any WANTS HALF OF THE ESTATE. Testatrix Is Said to Have Been Unsound | of Mind When She Wrote Her Will. Mrs. Mary B. Toland, the widow of the issue, except Hugo H. Toland, the son of said | decedent, and your petitioner, William Grid- Tolana, who is the only son and heir of | Charles Gridley Toland; said Charles Gridley | Toland was the son of decedent and died prior to the death of said Mary B. Toland; as the son of said Charles_Gridley Toland, deceased, and the grandson of said’ Mary B. Toland, de- censed, your petitioner is entitled to one-half of whatever estate of which said Mary B. To- 1and died possessed, and is a person interestea in the estate of said Mary B. Toland, deceased, | and entitled to appear herein and to contest | the probate of any and all documents purport- | | ing or alleged to be the will or testament of | late Dr. H. H. Toland of the medical col- leze of that name, died at the ripe age of 75 years on November 14, 1895, at the Occ dental Hotel. Skhe left an olographic will which is peculiar to say the least, and which forms the basis of a mnotice of contest which was filed yesterday in the Superior Court. The case has been assigned to Judge Slack. riage to a M had a son. The latter, when his mother remarried, adopted the name of his step- father, and was well known in society in this City as Dr. Charles Gridley Toland. By her second husband, Dr. H. H. To- said deceased. {IL—Your pefitioner is a minor. On the 17th day of December, 1895, Delmas & Short- | ! ridge, attorneys and counselors of this court, | fan order duly made and givez, ap- attorneys for your petitioner and he | s by said ttorney Your petitioner pointe appear: s informed and be- licvés, and on such information and belicf | all that on the 29th day of November, 1895, a document was filed in_ this court by 5 ugo H. Toland, with a petition claiming | that suid document was the last will and testa- such and that letters of administration with the will annexed be issued to said Hugo H Your petitioner is further informed and 1 believes, and on such information and belief alieges that: (@) The said document 5o offered for probate as | LITTLE MRS. MARY [From a p WILLIAM GRIDLEY TOLAND, WHO IS CONTESTING THE WILL. OF | | B. TOLAND, hotograph.] land, Mrs. Mary B. Toland had a son, who stage. His name is Hugo Toland. Some seven years ago Dr. Charles Grid- ley Toland married Miss Trella Foltz, and a short time before his death from heart disease, the coupie were blessed with a lit- tle boy who is now about 6 years of age and who js the contestant in the will case. This leaves, therefore, but two heirs alive of the late Mrs. Mary B. Toland, one her Wilhlam Gridley Toland, who, ir ord- ance with section 1386 of the Civil Code, are entit'ed to an equal division of the estate, which is valued at over $200,000. The specific section mea: ¢ the rights of the contestant provides: 1 the decedent les ve no suryiving husband or wife, but leave issue, the whole estate goes to said issue; and if sucll issue consists of more than one child living, or one child 'iving and the lawful issue of one or more deceased chil- dren, then the estate goes in equal shares to the children living, or to the child living, and the issne of the decensed child or children by right of representation. The will left by Mrs. Mary B. Toland, as may be seen, shuts off the grandson with but $2000, on the ground that testatrix had already given the child’s father all the es tate of her deceased first husband. Here is a verbatim cepy of the odd will: The last will and testament of Mary B. (M.) Tolund. Being in perfect health and of sound mind 1, Mary Bertha Toland (the extra *“M.” in my signature was added when my rithmic works were published, with initials), Make, publish and declare this to be my last ‘will and_tes ment. Should my death occur before the e piration of the leases of my landed estate, T de sire the firm of E.B. Mastick Esqr.and his partners to receiv 80 soon as the leases of rented lands are canceled, 1 tesire the land to be so'd High lands ana tules with #ll improvements to the best advantage. Hugo Huger Toland (my son) to receive one hall the money—also all my works of art Library—with curio, and tapestries, gathered during our travels. The remainder of the money after all debts have been paid T will one thonsand dollars to Edwin B. Mastick Esqr. for his ever kindly professional advice with the hope that he will accept it as his just due, and that the firm will pay themselves for settiing my estate, 1 vanlt at Laurel Hill Cemetery wish to be provided with a sum for its care through future years. money, after all indebtedness has been paid I will'give: #500 to Grace Chureh for pew No, 20, to be kept for my son and members of my famil, Villiam Grialey Toland, the son of Dr. Gridley Toland, who took my husband’s name sfter my marriage (now dead), he being my son by & former marriage, $2000, as I haa given to Doctor Charles all his Tatl property, including my share; to Mary J. Earl 1 will $2000, together ‘with &ll my wardrobe, that she may dispose of them ‘as she sees fit, for I trust to her noble, genial nature; To the San Francisco Art Association Mark Hopkins Institute of Art Twill the original pictures of my published hooks—also the in. come from my works—published by Messrs. J Lipvincott Co., and Lope 10 leave my Manu: scripts in form that they may be able (o pro- duce much better books than those already publis After all the above has been ar- ranged—Of the remainder—I will—s share alike —t0 John W. C. Morrison — and George Hugh Morrison (my brothers) and to the family of my two sisters (both dead) 1 wil four shares and each share alike. To the firm of E. B. Mastick I commend all minor details. May God bless and direct them in the right way. MARY BERTHA TOLAND, Occidental Hotel, San Francisco, | October 15, 1895. Witness, Geo. K. Hooper. executor being named in the will, Hugo Toland filed a petition in the Superior Court for the probating of the testament. Mrs. Treila Toland, the mother of the contestant, wired from New York, where ncaldemy of which her husband is princi- pal. I | she is with her son, engaging Delmas & Shortridge as her attorneys, and placing is now a prominent actor on the American | son, Hugo, and the other her grandson, | e The remainder of the | srh | are and | Subsequent to his mother’s death, no | ] the last will and testament of said Mary B. Toland, deceascd, was not subscribed by the said Mary B! oland. (%) That the said document was not subscribed | by any other person in the presence or by the direction of sald B. Toland. (¢) ‘That the alleged subscription of the said Mary . Toland to said document was not made in the presence of George K. Hooper, the alleged wit- ness 10 said_subscription, nor in ' the presence of DY OLher person or persons. () That the alleged subscription of sald Mary B. Toland to said document was not acknowledged by her to the alleged subscribing witness thereto, or 10 &0y Other person, Lo have been made by her or by her anthos (#) That at thie time of the alleged subscribing and allezed acknowledging of sald document, the oland did not deciare to the alleged subscribing witness, or to any other person or per- sons. that the sume was her will, (/) That the sald_document was not signed by sall George K. Hooper, the alleged subscribing wWitness, or by any other person or persons, at the request of sald Mary B. Toland or In her presence. (1) That the il duSwgent so offered for pro- bate 85 the .ees vl anN testament of Mary B. Toland, depr” sed, was and is S, her last will: and was 1oy €uolly nor at all wrltten or dated or signed ¥y the Liand of said Mary B. Toland. VI.—-Long prior to and at the time of the al- leged signing of said documert so offered for provate as the last will and testament of said Mary B. Toland, deceased, she, the said Mar; B. Toland, was not of sound or disposing mind, but was wholly incompetent to make any will or testament. VIL—Your petitioner is informed and be- lieves and, on such information and belief, al- leges that at the time of the alleged signing of the said document admitted to probate as aforesaid, the said Mary B. Toland was not free from duress, menace, fraud orundue influence, but she, the said Mary B. Toland, was actin, under the restraint, undue influence an fraudulent r2presentations of various rela- tives of said decedent and of other per- sons whose names are unknown to your petitioner and whose names he prays that he may be permitted to insert herein when hé has learned the same; that such duress, menace, fraud and nndue influ- ence were exercised to the extent of destroying | the freedom of mind and election by said de- cedent, so impairing her faculties and judg- ment, so prejudicing her mind and perverting her purpos s to prevent her from making any will or testament, and to cause her to un- | justly and injuriously attempt to impair the rights and interests of your petitioner by the alleged making and alleged publication ot said document. Wherefore your petitioner prays that said document, purporting to be the last will and tament of said Mary B. Tolan, deceased, offered for probate herein, mn{:e 'denied pro- bate, and that the same may be by this court declared not to be the last or any will or testa- ment of said Mary B. Toland, deceased, and for such other relief as may be meet in the prem- ises. WILLIAM GRIDLEY TOLAND, Petitioner. DELMAS & SHORTRIDGE, Attorneys for Petitioner. Duly verified by Samuel M. Shortridge. Mrs. Trella Toland, in turning her child’s case over to Messrs. Deimas & Shortridge, requested of them that in so far as they could waive the rights of the boy to leave undisturbed the lecacies to the Hopkins Institute of Art and to Grace Ohurch. Upon filing their opposition to the pro- bate of the will the contestant’s attorneys demanded a jury trial, which was granted. But as the affairs of the estate require at- tention no objection was made to the ap- plication of Hugo Toland for special letters f administration. The court ordered that the $2800 belong- ing to the estate and now in bank be held there until further consideration; also that the administrator file bondsin the sum of $1000. The remainder of the estate is all in real estate, consisting of 4000 acres of land at Toland’s Landing, in Solano County. Eugene Field’s Joke on Eli Perkins. One of the earliest of Eugene Field's jokes was played on Eli Perkins. Field was a reporter on a St. Joseph paper. Eli came along to delivera lecture. He called | been done nim, but instead the paragraph | | mane, so he was cut of service. | and started toward me. | once, and I lay down and waited. on Field and asked for a newspaper notice. He expected a column at least, but next morning he simply read: ‘As Eli Perkins ! will lecture here to-night all the railroads | have arranged to give excunrsions om.of[ town at greatly reduced rates.”” Perkins | was wild, supposing some great injury had | h attention that he had a Current Literature. - A REMARKABLE HORSE. Could Round Up Game and Also Point Likea Dog. “T had a horse,” said an army man, that belonged once to the Seventh cavalry, but he had the ‘I. C.’ brand under his Inspected | and condemned. He was a regular old | plug, but he was all I could get to go hunt- ing on, so 1took him. I rode away out | into the piains from the fort, and Isawa i bunch of antelope finally. I got off the | horse and dropped ti:e reins on the ground, | expecting the horse to stand there until I | came back. I started off toward the ante- | lope, and was sneakine along to get a shot, | when 1 looked around, and I'll be blamed | 1f that brute of a horse hadn’t started off as tight as he could lope. “Well,” says I, ‘1 guess I'm 1n for a six mile tramp home.” I cursed that horse to | myself for awhile and then I went on. | Pretty soon I looked up, and I'm blessed | if there wasn’t that horse over on the | other siae of that bunch of antelope. ‘Well, now,’ says I, I'd like to know what that horse thinks he’s up to, anyhow.’ Ptetty soon he began to circle around on | the other side, and the antelope saw him, | 1 caught on at The old horsé cut up the most surprising antics out there, and all the time he kept work- ing those antelope toward me. By and by they got in range, and I got two—good luck it was, too. You see, that horse was an old Indian hunting pony, and he had been trained to do that way. Well, I went back to the post, and everybody | wanted to know how it happened T had attracted so m crowded house. | | | | | i | | Mrs. Mary B. Toland, by a former mar- | ment of said Mary B. Toland, deceased, and | such good fuck, but I didn’t teil them. Gridley, who is now dead, | Asking that the same be admitted to probate as | “A few days after I took that same horse | out after prairie chickens. It was the time of the year when the chickens were flying, and I was riding along, when all of a sudden the ciitter stopped short, braced himself up and waited—for what, I didn’t know. Butin a second a couple of chick- ens flew up ahead of me, and I was so = prised I didn’t shoot. ‘Well,” says I, ‘I'll be switched. Here's a horse tuat’s not only a hunting horse, but a gular poimnter dog, too.” And he wa I got my gun read id the next time he stopped [ wus right on hand and dropped a bira, Well, no sooner did the horse see that bird fall than he galloped off right to where it fell, and all I bad to do was to reach off and pickitup. He was a great horse, L | tell you, and [ got lots of good hunting with him.”—F id and Farm el e o The Bismarck Tower in Goettingen, where the Chancellor studied and fought his thirty-one duels, is fast approaching completion. Germans from all over tne worid are aiding in its erection. A few days ago two givantic blocks arrived at Goettingen from this country, one of them New York and the other from San Fran- cisco. — The ring of Edward the Confessor is preserved among the royal regalia of Great Britain. For several centuries it was used in the coronation ceremonies of the English kings. NEW TO-DAY. (4 EDGE KNOWL Brings comfort and improvement and | tends to personal enjoyment when l rightly use£ The many, who live bet- | | ter than others and enjoy life more, with | less expenditure, by more promptly adapting the world’s best products to the needs of physical being, will attest the value to health of the pure liquid laxative principles embraced in the remedy, Syrup of Figs. | Its excellence is due to its presenting | in the form most acceptable and pleas- | ant to the taste, the retreshing and truly | beneficial properties of a perfect lax- | ative; effectually cleansing the system dispelling colds, headaches and fevera and permanently curing constipation. It has given satisfaction to millions and met with the approval of the medical profession because it acts on the Kid- neys, Liver and Bowels without weak- ening them and it is perfectly frea from every objectionable substance. | Syrup of Figs is for sale by all druge ‘ | gists in 50c and $1 bottles, but it is mane | ufactured by the California Fig Syrup Co.only, whose name is printed on every package, also the name, Syrup of Figs, and being well informed, you will noi accept any substitute if offerew. | | monials necessa; WOULD-BE MEN And ‘‘Has-Beens’ Are the Melans choly Fates of Too Many of Our Younger Generation. If you have erred in youth, if your eyes Jack luster, if you have used your system up, if you have disordered your liver or misused your kidneys you should take the Great Hudyan. You can get it for certain diseases, but you must first make applica- tion to the Hudson Medical institute. Hudyan cures certain forms of liver and kidney aifections, impaired vitality and loss of strength. Hudyan is efficacious where other remedies have failed. shattered nerves Hudyan is & power when rightly nsed. A You must send stop the wasting away of tissue and ‘will build up the nervous tem. Hudyan @ for circulars and strengthens, ~ in- f testimonials of vigorates and g the Great Hod- tones the entire Write to system. Hudyan ihe cures certain forms of lost @ HUDSON manhood, certain LDICAL peculiar cases of TAINTED BLOOD—Impure blood, due to serious private disorders, carries myriads of sore-producing germs. The - sore throat, pimples, copper-colored spo mouth, old sores and falling hair. ¥ wve a to Hot Springs by writing for *Blood Book” to the old physicians of the Hudson Medical In- stitute, Stockton, Market and Ellis streets. LIVER—When vour liver is affected you feel blue, melancholy, irritable and easily scontented. ¥ou will notice many sy’ at you really have and many thai 0 You need a good liver Tegulator, You can get er troubles, m. & th do not have. and this you should take at once. it from us. Write for book on i “All About the Liv nt free. HUBSON MEDICAL INSTITUTE, Stockton, Mnrfiet and Bllis Sts. KIDNEY Remedies are now sought for by many men, because so many men live rapid lives—use ‘up their kidneys. If you wish to have your kidneys put in good order send for our Kidney Regilator, or better, learn some- thing about your kidneys and oy to meke the test. The book, “A Knowledge of Kidneys, sent free. Hudson Medical Institute Stockton, Market and Ellis 8ts., SAN FRANCISCO, CAL- é:(;‘PEN' EVENINGS ey FOR THE HOLIDAYS! OPERA-GLA! , LORGNETTES, GOLD SPECTA AND EYE-GLASSES Targest and Best Selected Stock in the City. L. A.BERTELING, 427 Kearny Street, Baj.a Califor.nia Damiana Bitters 1s a powerful aphrodisiac and specific tonic for the sexual and urinary organs of both sexes, and & ereat remedy for diseases of the kidneys and blad- der. A great Restorative, invigoratorand Nery Sells on_its own Merits—no long-winded testis NABER, ALFS Market RUNE, Agents, =end for Circular.) RIGGS HOUSE, Washinsgton, ID. C. The Hotel * Par Excellence’” Ofthe National Capital. First class in all appolng ments. 2 G. DEWITT, Treas. American plan, $3 per day and upward. & B Beautifully Illustrated by The first of a series of papers new interpretation of that peri ginning of & _Part I of BRISEIS, W Illustrations Other attract LONDON'S UNDERGROUND Joseph Pennell. —STORIES by 35 Cents a Copy. i Washington’s Day By Woodrow Wilson tion of the English Colonial culture of America, and the be- Second paper of ON SNOW-SHOES TO THE BARREN GROUNDS By Caspar W. Whitney Illustrations by Remington HARPER’S For January Ralph, etc., etc. Now Ready HARPER & BROTHERS, Publishers, New York. PSS TETI D& 1 | Howard Pyle ana Others in which there is presented a od which was at once the frui- New Nation. illiam Black’'s New N ovel by Smedley TNem MACAZINE ive features: RAILWAYS. Elizabeth Stuart Phelps, Julian Illustrated by { $4 00 a Year, FEDCEDIEID UV EED LD BB 11 3