The San Francisco Call. Newspaper, January 18, 1896, Page 5

THE SAN FRANCISCO CALL, SATURDAY, JANUARY 18, 1896 IVESTIGATION OF PISTOR BROMN. | tion,” as ordered by Dr. Brown, or whether First Meeting of the Joint| Committee Held Last | Night. | | if these questions haa been touched upon. NOTHING ACCOMPLISHED | Action Deferred by the Illness of the Principal in the Proceedings. A LONG INFORMAL DISCUSSICN The Committee Without Orgauizlng‘ a Adjourned to Meet Again at Its Convenience. | mittee. ascertained, to act as chairman of the committee, neither did he endeavor to vote nor yet to veto any vote of the com- It was the general impression that the | comuaittee at its first session last night | would discuss and determine the question | as to whether or not the investigation should be held in secret or with closed doors, and also as to whether the proceed- ings would take the form of an “investiga- they would resoive themselves into the | more concrete result ordinarily termed a | ‘‘trial.” But from the lucid report given to the press it was impossible to learn even | before 10 o’clock Dr. ean and Dr. Mooar left the conference and the church and in- | formed the waiting reporters that the meeting was at an end and that the secre- | tary was preparing a full report for the newspapers. An attempt to ascend to the sanctum was frustrated by vi},;d;\m S Pike, who planted himself across the | stairway and d he had orders not to A few minutes illiams, Dr. Mc allow any one to go up. Asked who had given him such orders, he said he had given them to himself. After a further waiting of about twenty mi es the par- ticipants in the three hours' “informal discussion” came out from the pastoral off 1 then it was that the report which in 1uces this story raciously re reporters, with permission And they were further might copy the certifi- | of Palmer, who attested to the | »hysical condition of Dr. Brown. ry as to Dr. Brown’s whereabouts, had been seen to enter but not to urch, was answered that he in the evening. Sexton Pike eered the information that he have left by half a dozen different s without be seen by the reporters. i thus ended the first sion of the committee which Dr. Brown largely | d to appoint to investigate the charges ! It handed to 1 to copy it in f informed that the cate Dr him. met to organize, | interested himself in but ! gramme was read. CONVENTICN OF CATHOLICS The Educational Union to Hold Its First Public Meet- ings. LONG COURSE OF LECTURES. Archbishop Riordan and Prominent Priests and Laymen Will Read Papers. The San Francisco Educational Union, organized some months ago by the Cath- olic reading circles of this city, will hold its first public meeting at Metropolitan 7 emple on Monday evening, January These meetings will be continued for two | weeks, and will close February 14, when Archbishop Riordan will read a paper on *“The Church and the Scriptures.” As stated by Father Dempsey, who has this literary move- ment, the object of the union is ‘‘to pro- mote the educational features of the vari- ous circles, to encourage the establishment of reading-circle associations, and to pro- vide means for the dissemination of Cath- olic truth.” At a meeting of the circles held at St. Mary’s Cathedral Thursday evening a pro- n Each week of the MISS MATTIE phys obliged to le 1 to order. « ; ussion was he ot again tten report made s by Deacon Bar- I result of the star-cham- in Dr. Brown’s study, fliciently interesting to keep them in for about three of “in- 1 1€ to the e pr di were not, as ex- v one of the deacons, *‘as pleasant t have been. Brown was on } Dr. the first to reach t ct he was | As early as nto dr e op i a W known, his offi 1 floor, and at the rs. Dr. 2 committee- When arrived pastor re- and was seen no more p- was in pi ped in *just to look stayed for a few m wn inform hi onto his gar a Ove: in from the rain, escorted & entine Brown, the ever good-natured son of the pastor. She glided lightly up the knocked with the confidence of one ect on the pastor’s office door; but not in possession of the for her retreat was prompt, and soon she had disappeared in the storm and darkness € outer night The members of the joint committee present included Dr. Mooar, Dr. MeLean, Dr. Pond, D. Gilbert Dexter, Dr. Williams, Jobn F. Merrill, T. H. Hatch, A. J. Dew- g. Deacon Barnard and George D. West- fter 8 o'clock the patient vigil of the newspaper reporters in the hallway leading to the Sunday-school room was in- terrupted by the entrance of one of Can- tain Lees’ detectives, who inquired if his chief was present. Having no positive krowledge on the subject the scribes re- m tothe pastor’s stu—oflice; but | to the detective’s repori on his return Captain Lees was not a participant in the “informal discussion.” Nor so far as could be learned was Mrs, Davidson on hand to give her full state- ment regarding the charges she has made against the First Church’s pastor. Nor was there any indication of the presence of Attorney Walter Gallagher, who, it was presumed from the remarks of Pastor Brown on Wednesday night, would be an attendant at the investigation to gather information for the ‘“construction of a false defense’ for his client. Mrs. Stockton, too, failed to appear and | give her version of the $600 Kiss she | claims to have disposed of to the pastor, | and as for Mrs. Tunnell, the confidante of Mattie Overman, her absence was not un- | expeeted in view of her discreet policy of | seeking to avoid notoriety by flitting from | her home between two days. i Nor did any one express surprise at the failure of Mrs. Jane Elizabeth Baddin to come forward and volunteer her story. In strict accord with his promise of | Wednesday night of self-abnegation Dr. Brown made no effort, as far as could be in | Spaniard at I was the principal in the double murder. | OVERMAN d by a “Call” art NTERING THE CHURCH. owing to Dr. Brown’s illness and conse- quent absence it simply held a three hours’ “informal discussion”” and then ‘‘ad- jonr i It is possible that the three hours sumed by the committee last devoted to a discussion of the the investigation. The power to inc into the acts a minister can only be he church. “Until this is says Dr. Williams, “‘any act of the acter. L'he ac determination on the part of Dr. Bro on last night would indicate a vn's appointees to wait until the congregation has had time to canvass ihe situation. If this be true, it means no further meetings until after the next weekly prayer-meeting. There seems to be considerable differ- ence of opinion concerning the_ admission of Mrs. Davidson’s testimony. It is argued by some that in view of the charge now resting against her it would not be fair to pit her statement against that of Dr. Brown. This, in fact, is the view enter- tained by the latter, but Attorney Gal- lagher thinks quite differently, and does not hesitate to express himself concerning the effort that is being made to prevent his client from appearing before the com- mittee. “If this investigating committee is sin- cere in the work the members are about to undertake,” he said vesteraay, “‘they will not hesitate to hear tue charges that bave been made against Pastor Brown by my client. She 1s entitled to"tell her own story and_justice demands that she be al- lowed to do so. “There need be no question in their minds as to whether they have the power to bring Mrs. Davidson before them. The committee have only to indicate a willing- ness to hear her and I will guarantee that she appears when wanted. I intend to speak to the committee about this very thine, and to learn, if possible, just how much of the truth they want.” | It is probable that Mrs. Davidson’s case | will be set for trial this morning, though ) court it is impossible to say. Sarah B. Cooper, in discussing the est phase of the trouble in Dr. Brown’s aid yesterday his is no long a private or even a e public is interested, it is right that the press should be ad- mitted to the investigation. However, if Dr. Brown succeeds in clearing himself, I hope and believe the press will make the amende honorable. The position of churciies and those who conduct them should be unassailable. No investigation should drag them down, but instead reveal them in all their whiteness. “The evidence against Dr. Brown has not all been brought forward, and until it has I must decline to pass judgment. 1 ould think that he would prefer not to appear in the pulpit pending this investi- tion. He must know that this unhappy affair has broughtabout considerable preju- dice against him, and I think he should have 3o much regard for this until the truth is made mamf-st.” Judge Sawyer has declined to act on the committee, and as yet no one has been se- lected in his place. Mrs. Gunn also re- fuses to serve. giving as a reason that her | position on the standing committee was | purely nominal. Arrest of a Nevada Murderer. RENO, Nev., jan 17.—An Indian named | Johnny Busters was arrested at Pyramid | Indian reservation yesterday as the prin- cipal in the murder of an Indian and a imbo Mountuin Jast Novem- er. A Spaniard named Echiverro is now in eunstody, charged with the crime, but developments have proved Indian Busters | | Pattern-makers in the ship-yards 011 Laverpool receive §8 51 per week. ee must be of a semi-official char- | | Catherine,” by 1 8 course four evenings will be devoted to lectures, as follows First week of the meeting. poral Power of the Pope,” b; >rendergast, V. G. 3 th— Sullivan, n, to be participated in by Chrough the Holy P.J. Cummins ions of California,” by Bryan Land” of the meeting. February of the Pope,” by Rev. P. e Barbarisms of the Judge Frank J. Murasky ssion by the members of the ; ineteenth and Civilization,” by Rev. stendom,” by Rev. 1week of the me ing. February 10— ious Communities,” by Rev. Henry H. Y GB;P, < glish Catholic Literatur s McDonald. i h—Open session by the members of the " by Rev. Church and Architecture” by Frank T. Shea, hurch and the Scriptures,” by Most Rev. Arcibishop P. W. Riordat. The remainder of the programme will consist of essays by members of the read- ing circles, with musical and pleasing literary features, as foliows: January 29—“Romance,” by Miss Elizabeth McDonald of the Montgomery Reading Circle; :‘Cleopatra,” by Miss Nora Sullivan of the Thomas Aquinas Circle; “Onward,” an orig- inal poem, by Miss Anna Doyle of the Fa Faber Circle; “Some Amer; Women Miss Duraind of the St. Mary’s Cathedral Cir. cle, and “Father Ryan and His Poems,” by Robert Richards of the Archbishop Riordai Circle; a recitation by Miss Elizabetn McDon- ald of the Cathedral Cir . - H. Griffin; un instry cle; a vocal solo by imental duet by the ;\;,“}u l'm’kc{ nn(} A. Erwin of the Faber ircle; selections by the St. James Cho; & vocal solo by Miss Kathering Biack " “1% February The Mission Dolores,” by Miss May Driscoll of the Cathedral Circle; ©St. y Miss Christina Regan of the Holy Cross Circle; “Development of English Language,” by Miss M. Kennedy of the Arch. bishop Riordan Circle: “Dion and the Sibyls,” by Miss Mary F. Lorrigan of the Thomas Aquinas Circlé, and “Idealism and Realism. " by Miss Coffey of the St. Mary's Cathedral Circle. Wednesday,Februaryl2 of the Thom: Civilization" Scrra Circle, Mrs. issNellie Maguire Aquinas Circle, “Pre-Christian Mrs. A. Toomey of the Junipero ome Characteristics of Ameri- can Home Life”; Miss Mary Geary of the Mont- gomery Circle, “Monasticism, or What the Monks Have Done”; Mr. Henderson of St znatius Circle, “Lacordaire’”; Mrs. Paul B. fay of the Archbishop Riordan Circle, A Reading Circle.” On these’evenings of open etings recitations will be given by Miss Elizsbeth McDonald aud Miss May Sulllvay of the Cathedral Circie and Miss Chariotte John- ston of the Si. Charles Borromean Circle, January 29 and February 5 and 12 will be devoted to open sessions of the reading circles. Tickets of admission to the course have been intrusted to members of the circles for distribution, but none wiil be given persons under 18 years of age. The reading circles already firmly estab- lished and pursuing a well-defined way in a variety of studies, week after week, are the St. Mary’s Reading Circle, which is attached to St. Mary Cathedral, the Mont- gomery Circle of Holy Cross parish, the Taber Circle of St. James parish, the St, Thomas Aquinas Circle of St. Pater's, the Archbishop Riordan Circle of St. Charles Borromeo_parish, the Ignatian Circle of St. Ignatius Church and the Junipero Serra Circle of old St. Mary’s, on California | street. UNDER SERIOEIS CHARGES. | Harry Morris, a Deputy County Clerk, Accused of Filching Fees. There is trouble in the County Clerk’s office, arising from some sensational charges made by the Evemx Post against > e e sy the fee clerk, of new suits. The charges were made last evening. and as a result the fee clerk, Harry Morris, has been suspended pendini an investiga- tien. Should the investigation prove guilt on his part Morris’ suspension will be | made permarent. Should it develop noth- | ing culpable he will resume bis place a | its conclusion. The charges are that Morris has been filching from the fee drawer. The only fee Morris takes from the attorneys is the fee of $1 torthe law library, one that ac- companies every complaint filed. The charges made against him, allege, how- ever, that he has been accepting fees for | atlesting to notarial signatures for use in other States. : They amounted to some $30 or $40 a month under the old regime of the §1 fee, and under the 50-cent fee proportionately | 1 It was a small stake, if it were | played for at all, and the smallness of it and the certainty of detection are argu- ments brought against the truth of the ho has charge of the filing Curry, the Uounty Clerk, and | ry Piper, his chief deputy, are both norant of the facts upon which the harges are based, and both had heard of s only when they were pub- lished. As a result of the publication Cur Piper and Morris met last evening and Morris was asked what he had to | answer. He denied that the charges were true, but Mr. Curry informed him that he must be suspended until the matter had been investigated. Harry Piper will in- | vestigate, and it is only a matter of look- ing through the records to establish the truth or falsity of what has been alleged. In the meantime William Dean will take Morris’ place. e AR B GRANGERS' BANK LOSSES,, Another Theft of $2000 Dis- covered in the Ledgers Yesterday. Payment of a First Dividend Disclosed No Sign of Uneasiness—McMul- lin's Story. The directors of the Grangers’ Bank were astonished yesterday when informed by the expert accountant that another | de tion amounting to $2000 had been found in the accounts. The ledger was short that amount when compared with a passbook in which William Wittland, the | | absconding teller, had entered the item. | Asin all the other instances of crooked- | hess in the bank’s books it was apparent | here that Wittland had avoided taking | note of the deposit on tags for that pur- | pose, and which used to be passed to the | bookk eeper. | After a review of the books had been | | taken a week ago the directors believed | they had learned the worst, but this $2000 | Very | upon by the board of d he Church and the Republic,” by | before. The Grangers’ Bank had a large | country Ya(rnm\ge from men who came to | town only at long intervals with their | deposits. It1sfeared by Mr. La Rue, the | { president, and the other members of the | board of directors that many losses will be | | found in these country passbooks when | | accounts are balanced with the ledgers. So how much in atl Wittland may have stolen in the six months of his heaviest | operations can only be surmised. | Up to date the total amount of his de- | falcations is $14,(00. The story that Wittland might have committed suicide was not taken seriously | by any of the directors. President [.:\‘ Rue placed no faith in it whatever, and stated, on the contrary, he believed n.u:J Wittland had taken away a large portion of the stolen money tosome place of safety. Payment of the first dividend in liquida tion (30 per cent) commenced at 10 o'cloc Thursday morning and continued until | noon. The expected rush did not come, | nor was there a heavy demand yesterday | between the same hours. Another divi- | dend of probably 20 per cent may be made | | within & month. Frank McMullin, the former teller, said yesteraay: *'It has been over three years sine= I severed my connection with the bank, and nearly all the money I owe was loaned to me as to other customers after I ceased acting as teller. | “When I left the bank, T owed less than $6000. This sum was not advanced to me | | till T had given security which was passed rectors and the | finance commaittee, of which Mr. La Rue was chairman. 1f, therefore, any one was | to blame for the loans not being sufficiently secured, it was Mr. La Rue and his com- | mittee, since they accepted the security. | ““Now. as to those loans, I would say that there was nothing unbusinesslike in { the way they were made. There a | property valued at $18,000 securing my | }oan of less than $6000 at the time I retired | from the bank. “Naturally, I remained a customer of the bank after I left it. I wanted to borrow more money some time after 1 had left the institution.” I received $16,000 in checks | and notes for which I gave my notes, se- | cured by $12,330 worth of the Bella Vista | Vineyard stock, $3000 worth of the stock of the Yolo Orchard Company, and the Mojave desert land, which cost me $1000. | “Mr. La Rue passed upon the security in | his double capacity as chairman of the | finance committee and director, and ap- proved it after it had been accepted by the | management. “Then $6000 more was borrowed. This | was borrowed not by me but by the Bella | Vista Vineyard Company, of which I was | the president and in which I held 1 | the 200 shares of stock. This vineyard | | cost §$33,000 and was considered ample se- curity, and wassuch at the time. “All the money I borrowed was used in improving the properties given as securit, The bank officials knew this was to be the ! ¢ | case. They did not figure, nor did I, npon the depreciation of land values and stagna- tion of the market.”’ steal has shattered all hopes held a day | 4 | will of September 21 of the same year.” | Then he referred to the petition of the | commissioners of the board of | teachers’ retiring fund, who also sought to | and then f | action on his part; that he wax not a section LEVINGSTON'S ~ POSITION, Attorney Pierson Argues That the Executor Has No Stand- ing in Court, | ecutor out of three would have no power THE SCHOOLTEACHERS' LEGACY | one fund and one commission for the pur- Mr. Delmas Is Given Leave to Amend. | He Says His Client Is En- titled to Contest. Law and motion day in Judge Slack’s court yesterday afternoon was one of more | than usual interest, though the courtroom | loiterers didn't seem to appreciate the have here the petition of only one of these executors. Only a majority of the execu- tors can act in any case. Evenif their will had been admitted to probate, one ex- in himself to act in any manner concern- ing{ the estate. % Mr. Pierson turned his attention then to the Schoolteachers Commissioners’ peti- tion. He read the clause of the will of September 24, wherein the sum of $50,000 is bequeathed as a fund for pensioning schoolteachers, provided the Legislature first establishes such a fund and commis- sion. Then he cited the law passed by the | Legislature in March of last year, and it | was apparent at once that the Legislature had blundered. For instead of creating pose of pensioning schoolteschers ihe law creatés no less than fiftv-three of them, or one for each county. Mr. Pierson argued that, as there was no designation in the holographic will, the court itself, were at will probated, could not determine to | which of these fifty-three commissions the money should be bestowed. Whereupon Mr. Delmas asked leave to amend this petition. He had read the law but hastily, yet he now felt confident that | he could so amend his pleadings as to | cover the objections raised by Mr. Pierson. T ™ MR. D IN Wi [Sketched in Judge Slack’s courtroom by a **Call ” artist.] STON IS LEGALLY QUALIFIED TO CON- LL OF THE LATE SENATOR FAIR. fact, and the big guns in the legal world | who gathered there to argue the merits | nd demerits of the demurrer filed by the | cutors named in the late Senator Fair's | 1 of September 21 to the contesting peti- | tion of Dr. Marc Levingston, talked mostly | to emnty benches. | Attorney Pierson of Pierson & Mitchell, | who represent Executors Goodfellow, An- gus, Bresse and Carothers, spoke to the merits of the demurrer. He began by ! citing the petition of Dr. Marc Levingston to have the holographic wili of September 24, 1894, probated, and also the petition claiming that Dr. Levingston ‘‘is a person entitied to contest the probating of the school- contest the probating of the will of Sep- tember 21, they being devisees under the latter, but not under the former will. Mr. Delmas of, Delmas & Shortridge, who are of counsel for Dr. Levingston and | | represent the Schoolteachers’ Commis- | sion _entirely, inquired at _this_ point whether the argument of Mr. Pierson | could not ba divided, as be preferred to address himself to each proposition | separately. It was finally so arranged, | Pierson wenton to deciare | that Dr. Livingston could have no stand- ing in court as a contestant, for three reasons: That his petition did not set forth facts sufficient to show a cause of legally qualified contestant, and that his petition was not filed in due time. Mr. Pierson held tbat the language of 1307, when properly construed, prohibited an executor from entering into the contest of another will, the language | of the statute being that “‘any person in- | terested may appear and contest the will.” “Then, again,” said Mr. Pierson, “we | | ATTORNEY PIERSON Iton iy s ol Syt ARGUES A POINT. | | to petition for the probate of a will of ne- Such time was granted, and so far as the arguments on the schoolteacher’s com- mission petition was concerned, an ad- | journment was taken till next Friday | afternoon. 1 Then Mr. Delmas arose to discuss the | demerits of Mr. Pierson’s demurrer to the | Dr. Levingston petition, and before he had concluded everybody saw that there were two sides to the question. So far as this argument on_the demur- rer is concerned, said Mr. Delmas, it is admitted that the will represented by Dr. Mare Levingston is the only genuine one, and that the will which he seeks to con- | test is spurious and a_forgery, and yet the proponents of a will that, for the purposes of this argument, is admitted to be spu- | rious, come into court and deny the right of the proponent of the will that is admit- ted to be genuine to contest the spurious ill. Hence the only question to be con- sidered is, Can the executor of a genuine will, revoking all former wills, come into court and contest the probating of a forged will? To deny an executor such a right would, Mr. Delmas declared, be shaking the very foundations of probate principles and equity. How can the executor of a gen- uine will get rid of a spurious will if not by | contesting the probate of it? Is not the executor of a confessedly genuine will in- terested in maintaining that will against one that is confessedly spurious? Under the ecclesiastical English law, from which our probate laws are derived. the only person qualified to probate a will wherein an executor is named is the ex- ecutor himself. What becomes of the right of an executor to probate a genuine will if & spurious will can be probated ahead of the genuine will and he be not permitted to enter a contest? The right e Ak e A e A ok ek e e 6 2 3 308 2 o 24 RSO e e ek e ek ok Aok Ak Ak Xk Ok cessity involves the right to contest the probate of a spurious will. The very filing of the latter will is in itself a contest of the will previously filed. r. Delmas quoted numerous New York ané California decisions to sustain his position, and among them the probate decision in the case of the will of the late Horace Greeleyv. 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