The San Francisco Call. Newspaper, February 13, 1896, Page 8

THE SAN FRANCISCO CALL, THURSDAY, FEBRUARY 13, 189 | JURORS AGAINST THE COURT. They Rebel Against the Instructions of Judge Daingerfield. VERY STRONG AFFIDAVIT Compelled to Return a Verdict | Against Their Con- | victions. THEY ASK A NEW HEARING. It All Comes Out of a Case in Which Money-Lender Asa Fisk Is the Plaintiff. | Eugene N. Deuprey has obiained the | signatures of twelve irate jurymen wbn.’ declare their sovereignty. They are chai- | ing over the instructions of Judge _Daip- gerfield which compelled them to bring in a verdict entirely disaccordant with their ideas in the case of Asa Fisk against John Mallon. - The court, so they state in their affidavit | herewith given, was -entirely at variance with their ideas of the case, and it was only the threat of being placed in con- tempt that made them relinquish their rights as American citizens in the jury- box, to give a verdict according to their own idea. g Tue Carn has already published the particulars of the case which has brought about this judicial scandal. Fisk loaned $200 in cash to John Hill, whose note was indorsed by Mallon. By devious means Mallon was made to pay $1200 to-Fisk as interest, and finally was worked into in- | dorsing & note as a renewal for $200, which | subsequently turned out to be a note for ten times that amount. But these details have already been pub- | lished, as they have been” fully stated to the jury. 5 | The aflidavit in the case, however, is a new thing in the jurisprudence of this country, It reads asfoidows: FoRNIA, 14 AN Frixcrsco.§ 5 id That affiaut was urors to try the case oses and sa of the tria! , Department the trial occupied the 30th | nd the 3d and 4th days of at the evidence on behalf 3 fendant, as presented and | id trial, satisfied the mind of younr hat the defendant did not know_or nd that he was assuming any lia- lacing his name on a paper that ed in evldence, viz.: the paper, s exhibit A being 'the alleged pro- note dated ust 6, 1886, for the | nent of the sum of $600 principal with in- | reon at the rate of 3 per cent per | nd if not paid 1n advance to_be com- unded month fike rate of ir and the same to bear the | of 3 per cent per month, or in writing his name to the alleged renewal indorsed on the back of said paper, exhibit A, ana your affiant was further satisned that the | said exhibit A as submitted to the said jury trying the above-cntitled case was and is an unlawful contract and against good morals; that your affiantwas and is further satisfied that the plaintiff in tbe afore-entitied case took an undue and unwarranted advantage of the de- fendent both by iraud and misrepresentations; that vour affisnt was and is convineced and satisfied that the plaintiff was not entitled 10 reeo 1 said aiore-entitied action, but that the verdict of your affiant as he desired to render it was for the ‘defendant and for his costs, and your affiant verily believes that the defendant was and is entitled to judgment against plaintif herein. That your affiant wished and desired to make and render his verdict, and wouid have done so, nevertheless the instruction of the court to bring in & ver- dict for plaintiff, were it not that affiant feared that such action might have been construed by the court as an act of disrespect, and that affiant would be called upon to answer why he uld not be punished for contempt of court; in truth and in fact the verdict as now entered and filed was not the verdict of your affiant according to his view of the testimony and his construction of the instrument upon | which plaintiff claims to Tecover. | That, on the contrary, the verdictof this af- fiaut was and is under the evidence that *1 d iu favor of the defendant end for his * That the verdic: now entered and such & verdict as afiant was forced to reason of the positive demand and in- on of the court, and was and is not the | verdict of this afiant under the evidence of the witnesses who testified on the trial of the case, and this affiant believes and is convinced that the verdict now entered and filed should De set aside and a verdict entered in favor of defendant and for his costs. P, Conklin (foreman), S. Fischer, 0. P. mon Furth, Henry Klindt, J. A. Em- son, Thomas R, Horton, Peter Rihgen, Wil- liam Mocker, A. Folsom, George F. Nounnan, L. W. Coe. “I cannot understand why Judge Duin- gerfield took thestand he did in this case,” said Eugene Deuprey when seen about the Fisk-Mallon matter yesterday. ‘He is ordinarily, and is acknowledged to be, a fair and unbiased representative of justice, and, besides, our personal relations are of the friendliest nature. I argued the case in behalf of my client, Mallon, until the jury retired with cast-iron instructions to find a verdict ageinst us. Then camea brief interval, at the conclusion of which the jury sent word to Judge Daingerfield that they would like to know whether or not they had to abide by the insiructions of the court or be allowed to construe the facts presented as they found them to be. Knowing of this, I again remonstrated with the .Vudlge, but to no avail, The only satisfaction 1 got was that Judge Dainger- fieid told mein plain terms thutfu thought he was perfectly justified to give the in- structions he had given to tge jury, and that he would not accept any verdict con- trary to his ruling.” “ Speaking further on the general aspect of the case Mr. Deuprey said that the law, as' he understood it, allowed a Judge to instruct juries to find a verdict for er against defendant or plaintiff only in cases where there was one-sided evidence, with- out any contradictory facts from the op- position. In this particular case, however, there was abundant testimony for the de- fendant, who took the witness-stand him- self to give facts to the jury, which, as the affidavit signed by them shows, convinced them that he was being falsely persecuted, mez(x;ege rulings certzinly cannot be ap- plied. Mr. Mallon’s attorney will, within the limited time, file his application for a new trial with Judge Daingerfield. The apphication will be accompanied by a counter-complaint asking for $25,000 damages. These damages, Mailon claime, were sustained on account of the stoppage of his credit by the various banks with which he did business, by the general dis- inclination of his many business associates tocredit. him after the facts of the Asa Fisk case became known. 2 Should, however, Judge Daingerfield re- fuse to grant a rehearing of the case, in spite of all the facts ling for such an action, the whole matter will go to the Su- preme Court on appeal. A Through Coast Line. On the 23d of February the Southern Pacific will inaugurate through train and stage ser- vice between San Francisco and Los Angcles over the coast line by \n{ of Santa Barbara, Lompoe and Ventura. The eoast line is now completed from the south to Elweod, ten miles forth of Suna Babara, and from ‘the north daily trains are running to Selms, fifteen miles north of Lompoc. = A PUBLISHER'S TROUBLES. Mrs. Jamieson Takes Out a Warrant for R. E. Culbreth. Mary A. Jamieson of 410 Sansome sireet, assignee of the Co-operative Publishing Company, swore out a warrant in Judge Low’s court yesterday afternoon for the arrest of R. E: Culbreth, publisher of the City Argus, on the charge of a felony in obtaining property and goods by false pre- tenses. In her complaint Mrs. Jamieson alleges that on February 3 the defendant got from her 2000 copies of the Argus of the value of $95, which were in her custody, by repre- senting that they were his property and should be delivered {6 him; that he owed the company §100, but the company had type and plates belonging to him which | would be sufficient to pay for the 2000 copies, whereas, in fact, the defendant owed the company §275 and the company did not have any type or plates belonging to him as represented. MISS BINCKLEY'S GIET. The Artist Pres. a Handsome Paint- ing to the Press Club. Miss' Nellie F. Binckley, the artist, has presented to the Press Club a very hand- some painting of a lady in this City, the wife of a business man. The lady has thick blonde hair, and is of a type of | ‘beuuty rarely seen. The picture as it is finished represents a sort of modern Ophelia. There is a crown of marguerites in her hair, and the touches given other- wise make her appear in a manner very | attractive. The canvas is nearly two by three feet in size. The portrait is much CHINESE DRIVE QUT THE DEVIL, His Satanic Majésty Is Bounced for Another ‘Spell. | NEW YEAR FESTIVITIES. The Glad Hand Is Extended to Enemies and Friends Alike, WORSHIP IN THE TEMPLES. The Twenty-Second Year of the Reign of Quong Sui Is Ushered in Discordantly, The twenty-second year of the reign of Quong Sui, the vresent Emperor of China, was duly ushered in and discordantly ac- slowly around the false gods before which the faithful knelt aod oscilated their bodies, muttering supplicating prayers and contrite pleadings for forgiveness for their wickedness, Slowly the penitent entered the matted hallway and with shoe- less feet approached the graven image, before which they slowly sink upon their knees and idplize witn prayer. Every hallway and landing is strewn with red fragments of firecrackers used in attempts to thrust the devil out into the cold world and the hands of the police. Venders of candy and fruitob- struct the corners,and stacks of sugar cane cut up in foot lengths line the side walks. Overhead swing the massive lan- terns, painted in the height of Celestial art, every one of which contains aland- scape picture of the bistory of China from the time of Confucius. The streets gre jammed with merry- makers, and children dressed in all the colors of the rainbow, but with an out- landish arrangement, toddle along after their parents and flop their cues from side tosidein a playful manner. They crowd their faces with sweetmeats of all kinds and a youngster 3 years of age will push six inches of sugarcane down his throat and gnaw at it in the most complacent way. In the afternoon the celebrated thirty- foot dragon, known by the name of Mo Lung, was brought out on the shoulders of three men and paraded around the streets. It looked like a shelf-worn stage property for, the *‘Black Crook” company, but did great service in driving auway the devil, together with most of the dogs in the neighborhood. [ts sides were covered with tinsel to resemble scales and the gro- tesque head glistened with many colors. Behind came ‘a host of men with spears and other paraphernalia of war, all of which they flourished in the highest style of the devil-chasing art. Hundreds of boys followed thjs affair, expecting to see it turn and devour half the population any moment. It was carried around Chi- natown at intervals during the day and knowledged in Chinatown yesterday, and also appeared at night, with light effects darting from the massive eyes. The SCENES IN CHINATOWN DURING THE NEW YEAR'S FESTIVITIES, [Sketched by a “Call” artist.] appreciated by the club. It is said to be a per{lect likeness of the lady who sat for the artist. HIS WIFE DESERTED HIM, Edward Lahue of Ukiah in the City Searching for the Runaway. In His Absencs She Left Home With the Youngest Child for San Francisco. Edward Lahue, a well-to-do rancher liv- ing at Ukiab, is in this City searching for his young wife, who ran away from home with his youngest daughter. He is almost countable action. and, as a last hope of finding her and the child, has applied for assistance to General McComb, secre- tary of the Society for the Prevention of Cruelty to Children. X The story” Lahue told to Mr. McComb was that his wife had made the nc%uaim- ance of a woman in Ukiah and suddenly disappeared with a Mrs, Shiels and one of his little children. Lahue’s ranch is about three miles from Ukiah, so recentiy he rented a dwelling in that town to give his four chiidren the penefit of attending school. He, of neces- sity, had to stay on the ranch, and it was during his absence that his wife, Fannie, formed new associations and finally ran away. Last Thursday the woman took the ‘youngest child and came to San Fran- cisco with Mrs." Shiels, who went to the house of a Mrs. Fiynn at 200 Noe street. Mrs. Shiels returned home after a brief ! stay in the City. No information recard- ing the runaway wife conld be obtained.on Noe street. It was not even known there that such a woman wasin existence. Only oneother clew remained for the husband. Last Mrs. Lahue was in San Fran- cisco at that time she stayed at the house of a family named Fanning on Howard street. The number was not re- membered and the name could not be found in the City Directory, so all trace of the mhainghwomnn was Jost. Mrs. Lahue is described by her husband #s a woman of 27 years of age, dark ‘in complexion, stout and of medium height. She is the adopted child of M. W. Place of Ukiah, The littie giri, Bessie, is but 2 years old. S Max Katzauer Sentenced. Max Katzauer, who was convicted in the United States Distriet Court last week for con- spiracy in connection with the Chinese certifi- cate forgery-cases, was sentenced to eighteen :nont}yu n Quentin by Judge Morrow yes- | allow. | one, provided they only utilize the year distracted with griet over his wife's unac- | BOUSe and discharge several thousand fire- threatens to be kept up for seven days at | least, and es long thereafter as the various exchequers of the celebrating forces will ““Chinese New Year’s,” as it is more prop- erly calied by the white trash, is really the only red-letter day among the Celestials, and permits of considerably more latitude than any other festival day extant. For instance a'child born on the 11th becomes iwo years old on the 12th, each Chinese new year permiiting the parents vo add that immcdiately follows birth, If the child is born on the 12th it is called two years of age on the next New Year’s date. This custom would never ‘be tolerated by American girls, but nevertheless it is a great luxury to the Mongolians. The people believe that all varieties of devils can be successfully banished at this seaton of the year vprovided the right| course is pursued. One of the most gen- erally used plans is to shut up the entire crackers inside at the foot of the front door. Immediately following the fusillade there is a wild demand for fresh air, and in the scuffle the devil is supposed to make his escape through .the largest aperture. After this ceremony is completed the gentlemen who have put up the job on his Satanic majesty calmly lie down and smoke a few pipes of opium or load their weapous for some neighboring highbinder. Chinese who have tried this method of re- moving devils have never tried any other singe. However strange it may seem, there is an unwritten law among the Chinese to seal their lips against their enemiesduring new year celebrations, and nothing but good words are permitted to flow. If a Chinaman meets an acquaintance who has a knife up his sleeve for him he rips back his lips in a-bland smile, passes over a cigar and gives him the marry glad hand, just like a candidate for office. "l%aey walk into the house of their sworn enemy, toss off a cup of cold tes, goo at the chil- dren and discuss dress reform with their enemies’ wives. They act just as though there was a big convention ‘on hand and every man wanted support. All day long yesterday the several col- ored dignitaries of the settlement were making calls and exchanging bon mots in keeping with the season. Able-bodied punks smoked in every doorway, snd the aroma of firecracker powder filled the atmosphere. The white people who visited the scenes of the festivities gave them- selves over to the Chinese guides, and brusbed up against the silic sleeves of three-buttoned aristocrats, who had come out of their tinseled houses to flock with the plebes. The temples resounded with the dull plunk of the barrel-dramsand the reso- nant gong gave forth its elang in peculiar time. Burning tissue papersand sacred fires sent thick biue smoks curling up into the rich embroideries, and the heavy air, dim with straggling light, floated ‘Dante’s Inferno’ at the Midwinter Fair ngvfi{ looked worse than Mo Lung did last night. About 3:30 in the afternoon the residents at the corner of Waverly place and Clay street began to let immense string of fire- crackers out of the second-story windows into long chutes over the porch, which was well sprinkled to prevent fire. On the ad- joining roofs and porches great numbers of Chinamen guhered, while the streets became packed with all sorts of charac- ters, who seemed to come from all parts of the City. The Chinamen who had the matter in charge seemed to be waiting for some- thing, and it was finally announced that they were not allowed to get boisterous until 4 o'clock. The hour was drawing near and the mob increased every mo- ment, everybody ap ntly interested in the arrangements. %he biind girl got in a few more collections and was_just about to get into the chorus of “The Sunshine of Paradise Alley” when the string of fire- crackers were lowered to the street and touched off. In an instant they beim to pop and crackle, and in less time than it takes to make the statement a steady rat- tie began, and when the fire reached the Teserve bombs scattered along the line at intervals 1t seemed as though a mitrail- leuse 'gun was pouring its into your ear. The crowd bagan to'thicken. and the police found it necessary to use consider- able force to keep them back from the Clay -street cable - cars, which passed through the'smoke, while the sengers held their ears and mothers drew their children toward them. As the strings were played out the explosives increased in size and in fifteen minutes or less giant crackers appeared strung along with the little fellows. The bombs became: more frequent and the crackling increased to a roar that deepened every moment. Horsemen turned their animals back and went around the block. The Chinamen were well in for the racket by this time and piled in the bombshells and tirecracker mines. The bursting of thousands of crackers every seco! was enough, but the additional noises added to the din. Suadenly one of the Chinamen play- ing out a string let it slip through his hands and fllt{ feet of thered hell drop) in a heap on the street, exploding with a long roar, scattering millions of fragments over the crowd, showering them for five minutes from the smoke-laden air. Im- puisively the throng moved back ard be- gm to scatter. This was kept up for one our, and those who took a car and left the scene rapidly found themselves in a con- trasting stillness that seemed eternal, = While this is going on among the heathens the Christian Chinese are pre- paring to hold special services further uj the hill. To-day Rev. Tong Kee.Hing will preach in the Presbyterian church. Fri- day the Methodist Mission will listen to Rev. Lee Tow. On Saturday Rev. Gee Gam will preach to the Bapi and Sunday there will be services in all the churches under Rev. Chan Hoy Fan, THE FATHER RUGENT CASE. An Effort Made to Show That the Priest Perpetrated a Fraud, MRS. GALLAGHER'S STATEMENT. On Her Deathbed She Signed a Paper Designed to Prevent Inquiry as to Property Transfers. The trial of the suit against Rev. Father Denis Nugent to recover a large sum of money which he is alleged to have secured from Mrs. Ellen Gallagher during her iHetime by exercise of undue influence upon the woman was continued before Judge Hunt all day yesterday. No very strong evidence was developed. The plaintiffs will close their case this morn- ing. Mrs. Catherine Hurley, who was em- ployed as a domestic in Mrs. Gallagher's house from 1894 to the time of her deathy in April, 1895, was the first witness. She said she was a constant attendant upon Mrs Gallagher, not only in the house, but when she walked or rode abroad. Mrs. Gallagher had very few callers aside from Father Nugent, who was a frequent vis- itor, as was also Sister Mary B. Russell mother superior of the Sisters of Mercy at St. Mary’s Hospital. In regard to Mrs. Gallagher’s last sick- ness the witness saia it began on a Thurs- day and terminated in death on the fo!- lowing Monday. The witness was by her side nearly all of that time. A doctor was sent for immeaiately upon Mrs. Galla- gher’s falling ill. The witness did not remember any one calling upon Mrs. Gal- lagher during her sickness. Father Nugent called to ask about her, but did not enter her room; neither did any attorney or notary enter the room so far as witness was aware. The outside door of the house was unfastened, so that any ene might enter and go upstairs without disturbing | Mrs. Gallagher. The witness said that Mrs. Gallagher was a deeply religious woman and devoted to her chureh, but declared that she was by no means weak- minded. Under cross- examination by J. H. Camftbfill the witness said the de- ceased could not be said to be more devout than any other religious woman. “I suppose she aitended mass morning and evening?” inquired Mr. Campbell. George R. B. Hayes sitting just back of Mr. Campvbell, leaned forward and whis- pered anxiously: “Ah!” said Mr. Campbell, “I find [ am wrong. It is massin the morning and in ; the evening vespers., I am pleased to be corrected.” It is not impossible, with such progress, that you will leave your money to the Catholic Church,” said Barclay Henley | smilingly. “I might leave it to a less worthy ob- jeet,”” retorted Campbell, “‘a far less worthy object.”* Mrs. Rosanna Reilly, a full cousin of | Mrs. Gallagher, was the next witness. She testified to the deep religious nature of the deceased; that she spent most of her time in her devotions. A deposition was read from Father Nu- gent himself. In it he said that nsan. | irom being his spiritual adviger he had al- | ways been an intimate friend of Thomas Gallagher. He had never had anything to | do with Gallagher’s business affairs dur- ing his lifetime. Afterward, however, he acted as business agent for Mrs. Gallagher. He denied that Mrs., Gallagher had exe- cuted the deeds for any of the property un- der fear of impending deatn, although they were executed during her last illness. At the time, however, he said she had no idea that she was about to die. The question was asked, ‘‘How did ghe come to make the deed? What did she say 2" y 2 “She said, ‘My busband was taken short; I'm not going to_be taken short.’ “What did she mean by that?” “She said that her husband had in- tended to be his own executor and to have everything settled up before he died. He died, howerer, too suddenly to accomplish | his purpose.” A ‘““You say Mrs, Gallagher did not think she was going to die?” “No, she did not. But she wished to be on the safe side. Life was uncertain.’ “Did she speak of the church and the Archbishop?” “She said she did not wish the Arch- bishop to have it. It might not go where | she wanted it to go. She wanted me to have it and to build a church and a house with it.”” “What kind of a house?”” “The sort of house I deserved.” In his deposition Father Nugent ad- mitted that he received altogether about $120,000. from Mrs. Gailagher, including the house. She gave him large sums for saying masses, which he felt no hesitancy inacceptin, docament was introduced signed by Mrs. Gallagher, in which she set forth that she bad made the conyeyance of property to Father Nugentand that she did not desire him ta be ever called upon | to explain the reasons which impelled him to do so or the.purposes for which the money was to be used. “Mrs. Gallagher was on her deathbed at the time of signing this, was she not?” was asked. f - ‘‘Her illness was not considered scrious. She did rot know it was her deathbed.” On the document was written this brief nogte: *“I acknowledge the receipt of the amount. D. Nugent.’ Mr. Henley claimed that this entire doc- ument was in the handwriting of Father Nugent, all except the signature of Mrs. Gallagher. This point was not disputed. 0. V. Martin and Robert Peel, embployes of Madison & Burke, testified as to real estate dealings in the gmperty of Ellen Gallagher, or the Gallagher estate, of the collection of rents, etc., the proceeds of wkich were turned over to Father Nugent. Thomas Magee also made similar state- ments. Mother Superior Russell was called. She testified that she bad never called on Mrs. Gallagher except when the latter was ill. Some_considerable time before her death the witness had asked her to make a deed to a certain piecg of property adjoining the hoaglul. which had been promised by her husband and which afforded the only na- tural carriage entrance to the hospital. Mrs. Gallagher reflected for a moment and then said: “Ididn’t know Tom had prom- ised it ana I haye already given it to some other.”” She dia not say who the other person was; witness did not ask her, but simply said, “That settles it.”’ Calvin Ewing testified that Peter Col- lins, one of the contesting he had stopped at his house upon his (Collin’s) arrival in.the City from Philadelphia. Shortly. afterward Ewing called upon Father Nugent and told him of Cgllins’ purpose. The witness said: “Father Nugent told me that he was aware that there was some dissatisfaction among the heirs, but not among all of them. One of them, he said, signified her willingness o take half. her shure if she got it immediately. He went on to say that he had taken extra precautions to fortify himself behind ihe law in relation to the estates of both Mr. and Mrs. Gal- ug:er 2nd 1t would be impossible for him to be removed or shaken from his position go.m:mr what the dissatisfaction of the eirs. r Mr. Ewing was sharply cross-examined lllf Mr. Campbell, but stuck to his story. e said they were talking not only about the property mentioned in the will but all the property which the heirs thought they should have received by the will. Archbishop Riordan was ealled, but he knew nothing of the matter. He shook l)l:ds with Fatber Nugent as he passed ouf FHe declin | Bmith, a stockbroker, took out for Pastor of E. L. Smitn & Co. firm’s creditor to a larce amount, but it finally went into bankruptey. Smith took out his policy it was his par- | hotograph of Father Nugent's hous svhichgislfuid to have been- built _w_itll: money secured from Mrs. Gallagher. i became necessary to prove the picture, fln 3 Fagher Nugent wa$ called to the sta e afi to say pesm_vel;,gl that tHe photograph - represented - his “house. e said he was “not a judee of art. Zis “That is not an apswer to the question, said the court. The witness then said the house in the picture looked like bis house. Peter Collins, the contestant,’ 2 of Mrs. Gallagher, was called. He sal he had received letters from some attor- neys and from Calyin Ewing advising him of the state of affairs with regard fo his aunt’s estate, and had come from Plnla‘; delpkia to look after it. He had foun out facts that convinced him that there had been an embezzlement or fraud perpe- trated. % The plaintiif’s case will be closed this morning, probably. J. F. KIDDER'S SALARY. The Debris Commissioner Wants His Money and Sues for It. J. F. Kidder, the Debris Commissioner appointed by Goverhor Markham in De- cember, 1894, has petitiored the Supreme Court fora writ of mandate compelling the mtate Controller to pay his salary. The act under which Kidder’s appoint+ ment was made possible set forth that $250,000 for the erectiou of dams and other work should be approprated by the Legisla- ture, but that noneof it should be used until a similar amount should be appropri- ated by the Federal Government. The sec- ond $250,000 has not been appropriated, and so the Controller has taken the position that as_the State appropriation could not be utilized, the Debris Commissioner could not earn his salary. 7Theact provides that the Commissioner shall receive $300 a month during the discharge of his duty, and it outlines as part of his duty, consul- tation with the United States engineers who also have under their charge the building of impounding dams and other works, Since his appointment the peti- tioner has been in consultation at a number of the gatherings of the United States engineers, and he thinks his ail- gence in this respect gives him a right to his$300 a monta. e BEATY ISURANCECE The Claim of a Baptist Pastor as Beneficiary of a Debtor. a _nephew H Three Times the Case Was Tried and Finally the Plaintif Was Nonsuited. Judges Gilbert, Ross and Hawley of the United States Circuit Courtof Appeals listened yesterday to the arguments of Attorneys L B. L. Brandt and J. C. Bates | inan insurance case which has kept life insurance circles on the qui vive for some | years. The arguments were made on the appeal of Rev. George W. Beatty, formerly a Baptist minister of Los Gatos, to recover, | as creditor, $4000 insurance which E. L. Beaity’s benefit. The company defendant is the Mutual Reserve Fund Life Associa- tion of New York. Mr. Beatty dealt somewhatin mining stocks himself, and in the course of busi- ness he became acquainted with the firm He also became the When ticular object to make Mr. Beatty the | beneficiary, and in that wav it was hoped the account between them might be squared. r. Beatty was inthe habitof paying Smith’s premiums, and this he managed to do somewhat irregularly for about five years. Five times at least the premi- ums became overdue, and the custom of the compan: was, by an ar- rangement of business accommodations, to accept the delinquent premiums when proffered, provided they were accompa- nied by clear certificates of health. On May 1, 1889, Mr. Beatty tendered $39 three days after it was due to Cashier C. D. Park of the Bank of 8an Jose, the spe- cial treasurer of the company there, and Mr. Park insisted upon a clean certificate of health leing produced as usual. He aliowed M£. Beatty to leave the $39 on de- posit pending the production of the certifi- cate. Mr. Beatty refused to get the certifi- cate, however, and several months later he drew back the money. In course of time Smith died. Then Mr. Beatty thought he had a cleim against the company, and after trying to get what he could by com- promise or otherwise and’ failing he began suit. The case was tried in the United States Circuit Court three times. On the first trial the jury disagreed; on'the second the jur; gave the plaintiff a verdiet for the fuil amount asked for, but a new trial was eranted, and on the final trial Judge Mec- Kenna took the case out of the jury’s hands Sole Agents for the MAGGION! KID GLOVES. LACE CURTAINS ——AT— Half Price THIS WEEK - BARGAINS e IN— IRISH POINT CURTAIS! is sale is limited. Curtains at the fo;Il‘g::i:q prices will sell fast—very fast. L SIZE IRISH POINT CUR- FV!’i‘AINS SACRIFICED FOR— $2.00 a Pair, $2.2) a Pair, $2.75 a Pair, $3.25 a Pair, $3.75 a Pair, $4.25 a Pair, $5.50 a Pair, $6.25 a Pair, $7.00 a Pair, $8.50 a Pair. Youfcan’t buy Irish Point Curtains long at these prices. There are not enough of them. EXTRA! 1000 DOZEN 50-CENT LADIES’ HOSIERY For 30 Cents. BIG .THING! DON’T MISS IT! SEE OUR SHOW WINDOW. MAIL ORDERS PROMPTLY FILLED. NEWMAN & LEVINSON, 125, 127, 129, 131 Kearny St. Branch Store 742 and 744 Market St. Don't you like to. have things different from other folks ? That’s the beauty of this dining-room table—it’s an uncommon design. There’s just a few of them. Gracefully curved legs— after the Grecian style ; claw- feet, all carved out by hand. entirely and nonsuited Mr. Beatty, These facts were all brought out yester- day by Mr. Brandt, the attorney for the Mutual Reserve Fund Life Association, and used to support his contention that Beatty had forfeited his policy by his non-payment of premiums, and had no claim ~ either in Jaw or reason against his client. He argued that if the court decided in favor of Beatty it would demoralize and completely upset the whole system of insurange; that the guyment of premiums was the vital con- ition of the contract between Beatty and the company, and that when Beatty failed to perform his part of the agree- ment the contract was broken and made void in the very nature of things, Attorney Bates argued that his client was entitled to consideration, having patd a number of premiums; but Attorney Brandt responded by saying the obliga- | tion of the company hinged entirely upon Beatty's fulfillment of his obligation. The case was submitted for decision. “DAT BOSS BULLY." T. B. Harms of New York Has a Copy- right for Him Now. The controversy over the authorship of | the song “Dat New Bully,” which has been the topic of discussion among musi- ! cal people 1n this City, and ig fact all over the country, for a month Ppast, bids fair to come to an end. Messrs. Wilson and Hirschbach, who have all along claimed to be the original authors, have received their co, yright certificate from Washington, an have closed a contract’ with _the biz New Yock ublishing house of T, B. Harms & Co. for its further dissemination. be circu- The song will now probabl: lated far and wide. John P. &llaon, who claims heand Mr. Hirshbach are th authors of the popular son; gave th: ;‘r}- ticulars of the sale yesterday. He spoke aa;vg::::e?lly vi'frthal: aims hitherto made _Charles Trevathan as to -th - nm;_:r of ‘h&: song. He said: ? Sihae ‘‘Trevathan, one of the numerons ‘cl; ime ants,’ is entertaining reporters of the fi.sz- ern press with the story of hew he came to write ‘Dat New Bully,” and was last heard of in Kansas City, where May Irwin was then playing, listening to the dulcet tones of the fair hay as she gurgled forth the aongi 'c'»f whose paternity he is entirely mxficel;d : ccording to Mr. Wilson “there'; one boss bully”” now, and that ia! 1“:“]13’. Harms of New York, copyright. X, fi'm purchaser of the ————— ., Poker-Playing Ordinance, It is likely that Judges Campbe nlan ‘;"P';}I sit inbank this Allarnlol:)soin on:’:fi e Police Court rooms and_h counsel in regard to the vflldfg :;‘?h!:ep?kleg{ glylng ordinance. Attorneys Delmas and Barclay Henley offered in evidence s ortridge will a G &t ppear for the poker-players \ Polished oak; quartered— that is sawed so as to show the rich gfain of the wood. In two sizes: Extending to six feet, $15. _ ° Extending to twelve fect, $25. Carpets . Rugs . Mattings CALIFORNIA FURNITURE COMPANY (N. P. Cole & Co.) 117-123 Geary Street. CATARRH isa LOCAL DISEASE BALW and is the resuit of colds v and sudden climatic changes. It can be cured by a pleasant remedy which Is applied di rectly into the nostrils, Be- ing quiekly absorbed it gives Tell nce. ELY'S CREAN BALM Is acknowledgad to be th Nasal Catarrh, o'd in Head pnd sioe & L 0péns and cleanses the nasal pasgages, inflammation, heals the sores. pro- tects the membrane from colds. restores the sonses of tagte and smell. Price 50c. at Druggists or by mail. ELY BROT HERS, 56 Warren street, New York. ————————— e LY VIGI!OI}& ‘)Ncflllo E in harmot th the worl: B completely cured h cure for 'd in Head and Hay Fover of all manly vi Fatlure' impossi ERIE MEDICAL CO.,BUFFALO.N.Y. il Do ez L