The San Francisco Call. Newspaper, December 31, 1895, Page 9

# : THE SAN FRANCISCO CALL, TUESDAY, DECEMBER 31, 1895. WILL INDICT BIYERS, Result of a Blunder in the District Attorney’s Office. MR. BARNES WAS ANGRY An Important Information That Was Filed One Day Too Late. CLERK MURPHY'S MISTAKE. The Meshes of the Law Will Again Encircle the Assaulter of Little Girls. S Asa result of a grave blunder on the part of the indictment clerk in the Dis: trict Attorney’s office one of the first offi- cial acts of the new Grand Jury will be to indict Leon Myers, who was arrested sev- erul weeks ago with Captain Peter Lane, the aged mariner-capitalist, and Philip Ratz on charges of felonious assaults on little girls, In the Police Courts Meyers was held to appear before the Superior Court on two counts, the first that of an attempted felonious assault and tne other felonious assault. The information in the first case was filed with the County Clerk in due season and is still binding, but the other—in the more serious charge—would not stand i any court, and would result in the dis- charge of the defendant if the District Attorney attempted to make it a partof the evidence. As a matter of after the statutory time—thirty davs—had expired and is utterly worthle: District Attorney Barnes did not becomeaware of the staie of affairs until Saturday last, and then there was war in his office. Indictment Clerk Murphy, who is, by the %ay, ason of Judge Murphy of the Superior Court, was called sharply to ac- count and requested to explain why he had made such a ser allow the tory time to pass without putting the document through its regular course. He had little to ter was purely an crush of other grossed his atten the papers and or them on the thirty-first day rs had been held by the Judge of the Police Court. fact it was filed a day say except that the mat- istake and that in the business ich had en- overlooked Mr. Barnes’ anger at the blunder did not cause him to lose his presence of mind, I nd he at once proceeded to again draw e meshes of the legal net about v Within a few h subpenaes for all the witnesses in the case Grand J th 1 | the wharf at the Union Iron Works. | oughly organized they will be called and | | examined. : | | “You can imagine my surprise and cha- | | grin,” said District Attorney Barnes yes- | terday, “when I discovered tnat the most | important information against Myers had been held in my office until thirty-one days after it was transmitted to us, thus na ng it of no use in the case against | Murphy, the indictment i clerk, had cb \arge of all such matters, and having been in the office for several years and never before to my knowledge having failed to do his duty I had no reason to | doubt that the papers in this case had | gone through their regular course and | were legal in every possible way. 3 «] at once instituted a thorongh mvest‘h gation and after hearing Mr. Murphy’s story and considering the matter from evel:y point of view I was complgtely con- vinced that there had been no intent to i hold the papers out and that it was merel:\' | a grievous blunder. Myers will not profit by the omission, however, for within this | week I expect to have him indicted by the Grand Jury. he chain of evidence is complete, and I cannot see how the jury can fail to find a | true bill against him. This may be even | better for the case for the people, for it | will obviate tne chance for further technic- | alities. | "I do not know just what I shall do | about the laxity in my office, but I feel | that such omissions throw a grave respon- sibility on my own shoulders, and I do not think that a little application of | discipline will do any harm. | I have looked carefully into the papers | in the other cases—those oi Ratz and Lane—and find that they are correct. As far as I can see the one information against Myers was the only one that was in any particular irregular.”’ A BAY MYSTERY. Body of a Woman Seen Floating Near the Union Iron Works. | Lieutenant Bennett of the Potrero and posse are searching for the body of a | woman that was seen floating in the bay by two boys on Saturday afternoon near THE TABERNACLE CHOIR, Sweet Singers of the Mormon Church Likely to Visit San Francisco. AWARDED $1000 AT CHICAGO. Leader Stephens and H. G. Whitney Here to Examine the Field—Solid Pullman Train. Evan Stephens, leader of the monster choir of 400 voices in the Mormon Taber- City yesterday, but came to no definite conclusion. If they make arrangements they will bring a choir of 150 or 200 select voices, and expect also that they will be accom- panied by at least 200 Utah people who will want to visit California. “We will charter a solid Pullman train,”’ said Messrs. Stephens and Whitney, “and bring probably 400 peopie in all. If we complete the arrangements we will hold the concert about April 15 and have it last for about five days. *‘Paderewski is to be with us in the Tab- ernacle on March 5, and after him comes Sousa’s band. Immediately after that is the time we had fixed for the tour. It will wean, if we carry it out, a visit to many places on the coast. “One trouble is to gat buildings that are suitable. The Mormon Tabernacle will seat from 8000 to 9000 people, and on great occasions we have squeezed as many as 12,000 into it. “*Ours is the largest choir in the United States. It contains 100 trebles, 100 altos, | The boys were afraid to tell their par- | | ents of theirdiscovery until yesterday, and | the police were at once notified. The | boys said the body had evidently been in the water a long time, as the features were not recognizable. Lieutenant Bennett found a water- soaked calico jacket on the rocks near | where the body ~ was seen, and it is sup- posed to haye been worn by the woman. | In the pocket was a polka-dot handker- | | chief. - A Holiday Programme. “Shooting the Chutes” grounds on .et this evening there will be a di play of colored electric lights and lanterns, | and to-morrow afternoon & very attractive | programme, including a_loity tight-rope walk above the lal by Herr Emil Markeburg, will take place at 2:30 o'clock. At 4:30 o'clock there wili be a balloon ascension, the aeronaut making the hazardous trip to the skies hang- ing by his teeth and endeavoring to reach rra firma alive by means of a parachute. | | | The merry-go-round will be running as usual for the children, and the band concert will have special features. SE A KEnocked Down by a Wagon. ., coffee and spice dealers, was | knocked down by an ing at the corner of The weagon was driv slocated_and his nto the Receiving Ho: 3 | driver of the wagon, wes arrested for battery. jaw_fr ta G. WHITNEY AND EVAN STEPHENS OF THE GREAT TABERNACLE | CHOIR, SALT LAKE. | [Sketched by a “Call” artist.} 1 nacle, Salt Lake, and H. G. Whitney, also | 100 tenors and 100 bassos. of the choir, arrived here yesterday and | Fair we sang one piece from Handel, one | from Jenkins and one from Mendelssohn. he one which | Our repertoire here would consist of char- was awarded the $1000 cash prize at the | acteristic Chieago exposition during a five days’ con- | popular. test at Music Hall with all the great choirs | ok, an old man in the employ of J. | of the civilized world. The winning choir | Fair we gave a number of concerts. | was composed of 250 salect voices, making it the same size as all the competing choirs. The gentlemen are visiting here with the | idea of bringing the great choir to San | ganized by Brigham Young about thirty- are at the Palace. The Tabernacle Choir is Francisco if they can get a suitable hall. | in St. Louis netted $2500. | At the World’s | Mormon musie, classic and | “On our way home from the World’s | One In Derver and other cities also we had great success. ““The Mormon Tabernacle Choir was or- five years ago, and it is now replenished To thisend they were looking around the | and kept fresh every year by constant ac- | | on December 3, bound for Avonmouth, | England. | ledge of Mission Bay Rock on that occa- | her, but one of her yards knocked off this | $20, and though Shipping Master Charles cessions from the best musical talent of Salt Lake City. President Young wasa great lover of the divine art, as well as of the drama, and among the first steps he took when he settled in Utah, 1n 1847, was to organize a dramatic company, various bands and a sacred chorus. ““The Mormon Tabernacle, with its vast auditorium and its self-supporting roof— the largest in the world—contains a mam- moth organ made entirely of Utah wood by Utah workmen. Up to a few years ago this organ was the largest in the United States; it now probably ranks second or third. *‘The organ, and the 400 voices compris- ing the choir, are to be heard together in the Tabernacle every Sunday, and many tourists have borne testimony to the high character of the music they render.” The leader of the choir, Mr. Stephens, is a young Welshman who studied at the Boston Conservatory; the organist, Mr. Daynes, is a pupil of Dudley Buck, and these two are the only salaried positions in the choir; all the others sing out of love for the art, In the number are some ex- celient solo voices, and several have taken courses of instruction in Eastern colleges and conservatories. The gentlemen will be here several days. Mr. Whitney is dramatic critic on the Herald. LIBELED THE TUGS. Owners of the Benjamin F. Packard Sue the Sea Queen and the Her- cules for $26,000. The American ship Benjamin F. Pack- ard has been baving a great deal of trouble. First, she ran aground on a ledge of Mis- sion Bay rock, after loading her cargo, and now she is in a quandary as to how she is going to getacrew at the wages Captain Zaccheus Allen thinks men ought to ship for. But Arthur Sewall and the other twenty-eight part owners of the vessel do not propose to suffer so much annoyance without making an attempt to get satisfac- tion of some kind. Her owners brought suit for $26,000 dam- | ages yesterday in the. admiralty depart- ment of the United States District Court against the tugs Sea Queen and Hercules, and a libel was filed to that effect. The particular cause of complaint against the two tugs is the mishap which hap- pened to the Packard when she was being towed away from Long Bridge wharf with a cargo of 2900 tons of wheat and barley, She got no_ farther than the sion. Tue Sea Queen first undertook to tow tug, so Captain Isaac Smith called upon Captain Thomas Lockyear of the Hercules to help him. The vessel was pretty well down in the water and her keel caught on the rock mentioned. Libelants allege that the accident damaged the ship and her owners $26,000 worth. Since the accident the wages of deep- water seamen have gone up from $15 to McCarthy will not be able to ship men at the old rates Captain Allen is insisting upon having a crew on a $15 basis. | Sl e e Lippien’s Will Contested. Dora H. Young of Petaluma, Albert L. Holmes and George C. Lippien are contesting the will of Frederick E. Lippien, their brother. He left an estate valued at £10,000 to Gracie Hooper, and the contestants claim that she unduly in- fluenced him, and that he was insane. The; claim also that because the words “Frederic! E. Lippien, 110 Sutter street, room 1,” are printed in the corner of the paper the will written upon it is tnyalid. i 9 THE NEW FERRY DEPOT. Harbor Commissioners Are Still in Doubt About the Stone, GRANITE MAY BE SELECTED. Some of the Contractors Objected to the Liability Clause in the Bond. The Harbor Commissioners spent nearly all of yesterday discussing the building of the new ferry depot. A number of the contractors, accompanied by their attor- neys, dropped in'during the day, and the various sections of the bond drawn up by the board’s attorneys were discussed pro and con. Dr. Edward R. Taylor, on behalf of the Risdon Iron Works, objected to the sec- tion that made the company liable for any injury or damage that might be done dur- ing the erection of the ironwork. He held that the specifications covered that point, and that its insertion in the bond was superfluous, President Colnon beld that the section was very necessary. ‘‘It is an amplifica- tion of the section you quote, Dr. Taylor,” he said, ‘and it is necessary to have it where it is in order to protect ourselves. The Harbor Commissioners and their bondsmen are personally liable for any ac- cidents, and we don’t propose to shoulder the responsibility. Some time ago a woman was coming off one of the ferry steamers. She fell over a piece of timber that was lying somewhere near the pas- sageway and broke her wrist. Now she wants to hold the Commissioners person- ally liable for an accident over which they had no control. If anybody at all was to blame it was the woman for her careless- ness and the contractor for leaving the piece of timber where he did.” “‘But what is the use of duplicating the thing ?”’ asked Taylor. “We simply desire the thing amplified,” answered Colnon. *“Your client doesn’t want us poking around at all hours telling employes that certain laths must be put in a certain place, and that beams and angle- iron and a thousand and one other things must be moved here, there or wherever we designate. We want your company to be free and untrammeled, and therefore we desire them to take all the risk. Thatis why we want this section in the bond.” Dr. Taylor then consuited with Presi- dent Taylor of the Iron Works, and it was | finally agreed to sign the bond as it stood. All the other contractors were satisfied, and as soon a8 Attorney-General Fitzger- ald says the document is all right every- | thing will be ready for a start on theactual work, Just what stone will be used is stilla problem with the Commissioners, At first it was thought that the Colusa site stone would be substituted for the Oregon gray that the contract called for, but now there is another factor in the field. The Ray- mond Granite Stone Company has come forward and offered to supply granite and marble at the same rate as the Colusa stone can be laid down for. The Commissioners are very much in favor of the marble and granite, and if the offer is found to be a bona fide one the chances are 1t will be ac- cepted and the Colusa and Oregon gray | stones rejected. In a communication to the board Chief | | | Engineer Howard Holmes pointed out that cables of the Western Union and Postal Telegraph companies were a nuisance and would interfere with the erection of the new ferry depot. He suggested that the companies be ordered to lay the cables under the ferry foundation. Mr. Holmes was instructed to see that the telegraph companies carry out his suggestions. ‘About two months ago the Government steamer General McDowell ran into Clay- street wharf and damaged it to the extent o1 $46 85. The Harbor Commissioners’ col- lector has tried again and again to collect the amount, but owing to the red tape employed at army headquarters he has always failed, The matter was reported to the Commissioners yesterday and they de- cided to make Uncle Sam a present of the amount. Commissioner Chadbourne re- marked that the Government muat be in a gzg way when it couldn’t pay its lawful ebts. PASSENGER AGENTS FREE Local The Disruption of the Association Has Been Effected. As a Result Overland Passengers May Possibly Share the Agents’ Commissions. As the direct result of the organization of the Transcontinental Passenger Asso- ciation at Chicago a month ago the San Francisco and Oakland Passenger Associa- tion, which had its headquarters in this City, has become disorganized. There was a special meeting yesterday afternoon for the purpose of ascertaining the exact status of the local association and taking whatever action might be deemed necessary. The principal purpose of the local asso- ciation was to prevent passenzer agents from cutting rates or from sharing their commissions with passengers and thereby securing patronage they would not other- wise get. Offenders were tried before the local association, and on conviction were penalized with a heavy fine. The associa- tion also had special men whose duty it was to see that violations of the rules of the association were du!y reported. The story of the disorganization, its causes and probable result is thus told by one of the recent members of the organization: Owing to the fact that the new Transconti- nental Passenger Association’s agreement pro- vides for local associations, we deemed it proper to disorganize the existing local Passenger Association, as we expect instruc- tions soon to organize in accordance with the new agreement. It is probable that the new as- sociation will be organized within a month or two. In the meantime, of course, the agents in San Francisco are under instructions from their superior officers to maintain rates strict- 1y, and I belleve there will be no attempt to cut rates, One of the advantages of membership in the lucal association was that members could ob- tain tickets from the Southern Pacific in blank, while those outside of the association coul®not and had to take their passengers to the office of the Southern Pacific Company to sign their tickets. As the situation stands now all agents can get tickets in blank. Under this new Chicago agreement the agents of sll transcontinental lines must join the Jocal association whenever it is formed, while under the former arrangement it was optional with themto join ornot. The agents of trunk lines and of local roads are also permitted to join the proposed new local sssociation on agreeing to abide by 1ts rules and regulations. It is believed by those cognizant of the predilections of passenger agents that the hiatus in the existence of a local passenger association will see considerablo commission sharing on the quiet, if nothe ing more serious. MEN’S FURNISHINGS! | l At 15 Several lots of MEN’S AND BOYS’ SILK Windsors and Bows, reduced from 25c, At 10 Two lots of HEAVY WOOL SOCKS, one in light blue and the other in_sanitary gray, all full finished and with double heels and toes, reduced from 20c to 10c a pair. At 15 Two lots of EXTRA HEAVY WOOL SOCKS, in camel’s-hair and undyed wool, full finished and with double heels and toes, reduced from 25¢ and 35¢ to 15¢ a pair. At 85 One lot of HEAVY CAME ished, reduced from 65¢ to 35¢ each. At S5O One lot'of UNDYED SANITARY WOOL ranted shrunk, reduced from $1 to 50c each. = At $51.00. One lot of GENUINE AUSTRALIAN LAMB'S-WOOL UNDERSHIRTS and DRAW- shrunk, reduced from $1 50 to $1 each. ERS, warranted thorough S-HAIR UNDERSHIRTS AND DRAWERS, silk fin- Cents. | NECKWEAR, in Tecks, Fonr-imHands,i 35¢ and 50c to 15¢ each. | Cents. i Cents. | Cents. Cents. UNDERSHIRTS AND DRAWERS, war- HOSIERY AND At 10 Cents a Pair. | dozen LADIES’ BLACK COTTON HOSE, double heels and toes, - Hermsdorf | 127 biack, regular price 20c, wiil be closed o pair. At 20 Cents a Pair. 97 dozen LADIES’ FANCY COTTON HOSE, black boot and colored top combina- tions, warranted fast colors, regular price $4 per dozen, will be pair. At 15 Cents a Pair. 111 dozen CHILDREN’S HEAVY BLACK RIBBED CASHMERE WOOL HOSE, double knees, heels and toes, regular price 3 pairs for §1, will be closed out at 15¢ a pair. At 20 Cents a Pair. 93 dozen LADIES' BLACK LISLE;THREA_b_ HOSE, high-spliced heels and toes, guaranteed fast black, regular price 35¢, will be closed out at 20c a pair. At 50 54 dozen LADIES' JERSEY RIBBED BLACK WOOL VESTS, high neck, long ves, fast black, regular price $1, will At 75 Cents Each. » LADIES’ JERSEY RIBBED WOOL VESTS, high neck, lon, { non-shrinkable, white and natural color, regular price $1, will be closed out at 75¢ each. UNDERWEAR! | ut at 10c a pair. ‘clused out at 20c a Cents. be closed out at 50c each. sleeves, war- CORSETS! At 75 115 dozen LADIES' FRENCH MODEL CORSETS, made of fine English sateen, long waist and high bust, well boned and perfect fitting, drab and black, regular price $1, will be closed out at 75¢ a peir. CORSETS! Cents. Murphy Building, Market and Jones Stregfs. Murphy Building, Market and Jones Strests. Having just closed a most prosperous season we inaugurate our Regular Midwinter Clearance Sale with UNPRECEDENTED CUTS IN PRICES as we have determined TO MAKE A CLEAN | SWEERP of all surplus stock, broken lines and oddments pre- SO AP vious to taking our annual inventory. We present herewith a few specimens of these cuts, a glance at which will emphasize the importance of an immediate selec- tion to all who would secure the best choice from the TRULY MARVELOUS BARGAINS OFFERED THIS WEEK! FANCY FRAMES! . At 10 Cents. PLUSH FRAMES, also Imitation Leather. ‘Wood and Celluloid, value 20c, will be closed out at 10c each. At 20 Cents. CHROMOS, with gilt frames, excellent value for 40c, will be closed out at 20c each. At 25 Cents. | | FANCY FRAMES, with ribbon trimming, | At 15 Cents a Pair. | 117 dozen CHILDREN’S BLACK RIBBED COTTON HOSE, double knees, heels ard toes, warranted fast black, regular price $2 40 a dozen, will be closed out at 15¢c a hand painted, will be closed out at 25¢ each. CHILDREN'S BOOKS! At 5 Cents. CHILDREN’S LARGE SIZE PICTURE BOOKS, value 10¢, will be closed out at 5¢ each. At 10 Cents. CHILDREN’S STORY BOOKS, with illus- trated pictures, value 25¢, will be closed out at 10c each. GAMES! GAMES! OUR ENTIRE STOCK OF GAMES left over from Christmas will be closed out AT HALF PRICE. GLOVE BOXES, E1C. OUR ENTIRE ASSORTMENT OF FANCY GOODS, consisting of Glove and Handkerchief Boxes, Jewel Boxes, Plaques, - Work Boxes, Pin Cushions, Nickel Frames, Card Receivers, Ink Stands, etc., will be closed out AT HALF PRICE. £ STORE OPEN THIS EVENING UNTIL 10 O’CLOCK. UNDERWEAR AND WARSTS! . At 20 Cents. dozen LADIES’ DRAWERS, yoke band, finished with cluster of tucks and embroidery, - will be closed out at 20c. At 40 Cents. 40 dozen LADIES’ GOWNS, made of heavy muslin, lined yoke, tucked front, will be closed out at 40c., At 65 Cents. 40 dozen -LADIES’ GOWNS, made of Masonville muslin, neck and sleeves and front of gown trimmed with em- broidery, will be closed out at 65¢. At 35 Cents. 30 dozen LADIES’ CHEMISES, made of heavy muslin, corded neck, regular price 65¢, will be closed out at 35¢c. At 50 Cents. 25 dozen LADIES’ DRESSING SACQUES, made of fancy flannelettes, with deep sailor collar and full sleeves, regular price $1, will be closed out at 50c. At $1.00. 20 dozen LADIES’ WOOL SACQUES, in navy, red and black, deep sailor collar, full'sleeves, regular price $2, will be closed out at $1. At 90 Cents. 10 dozen LADIES’ WOQL WAISTS, in fancy checks of black and white and red “and black, yoke back, front trimmed with velvet straps, regular price $1 25, will be closed out at %0c. At $4.50. 2 dozen LADIES’ SILK WAISTS, in fancy stripes, made in the latest style, lined all through regular price $6 50, will be closed out at $4 50. 50 ~ MUFFES AND FOR SETS! 4 At 50 Cents. CHILDREN’S FUR MUFFS, with rib- | bon fasteners to hang round the neck, reduced from $1 to 50¢c each. At 75 Cents. CHILDREN’S ANGORA MUFFS, with ribbon fasteners to bang round tke neck, in whi ray and tan, reduced from §1 50 to each. 3 | At Half Pricse. CHILDREN’S FUR SETS (muff and boa), in a large variety of qualities, at about half price. NECK scfi@nm BOAS! At $4.00. BLACK THIBET NECK SCARFS, inthe bes;quulily. reduced from $650 to $4 each. At $7.50 and $10.00. BLACK OSTRICH FEATHER BOAS, limited number in stock, 8 inches long, reduced from $9 50 to $7 50 each. 45 inches long, reduced from $12 50 to $10 each. SHUPPI@G& I At 25 Cents. LADIES' BLACK LEATHER SHOP- PING BAGS at 25c each. i JET CHAIN AND YOKE GARNITURES, in a Jarge variety of patterns, at,re- duced prices. Murphy Building, Markel and Jums Sl Murphy Building, Market and Jones Streets. - Murphy Building, Market and Joues Strets GRAND MIDWINTER CLEARANCE SALE!'= EMBROIDERIES! - At 5 Cents a Yard. 20,000 yards CAMBRIC EMBROIDERY, regular value 10c. At 7% Cents a Yard. 17,000 yards CAMBRIC GUIPURE EMBROIDERY, regular price 15¢. At 10 Cents s Yard. 15,000 yards CAMBRIC GUIPURE EMBROIDERY, regular price 20c. At 18Y% Cents a Yard. 12,000 yards CAMBRIC GUIPURE EMBROIDERY, regular price 25¢. At 15 Cents a Yard. 10,000 yards CAMBRIC GUIPURE EMBROIDERY, regular value 30c. 4 At 20 Cents a Yard. 8000 yards CAMBRIC GUIPURE EMBROIDERY, regular value 35¢c, At 25 Cents a Yard. 6000 yards CAMBRIC GUIPURE EMBROIDERY, regular value 43¢, LACE NECKWEAR! At 85 Cents Hach. LACE AND RIBBON COLLARETTES, in all shades, reduced from $1 23, At 9O Cents Hach. LACE AND CHIFFON COLLARETTES, reduced from $1 75. At 2,00 Hach. LACE COLLARETTES, in black and butter shades, reduced from $3 50. REMNANTS! REMNANTS! ALL REMNANTS OF CAMBRIC, NAINSOOK AND SWISS EMBROIDERIES, will be closed out at half price. LADIES’ HANDKERCHIEFS! At B Cents Each. LADIES’ WHITE HEMSTITOCHED HAND-EMBROIDERED LAWN HANDKER. CHIEFS, reduced from 10c. LADIES KID GLOVES! At 85 Cents. 1500 pairs BIARRITZ KID GLOVES (with two hooks at wrist), col d black sizes), regular value §1, will be clou(sd 1(mt 3"355: p‘mar. T, colom n as O 2 At 85 Cents. 1500 pairs 8 BUTTON LENGTH MOUSQUETAIRE UNDRESSED KID GLOVES, in dark, medium and tan shades, also black, regular value $125, will be closed-ouy at 65c a pair. At 75 Cents. 1200 pairs 5-HOOK KID GLOVES. in dark, medium and tan shades, also black, regular value $1 25, will be closed out at 75¢ a pair. > Murphy Building, Market and Jones Strests. Murphy Building, Market and Jones Streets,