The San Francisco Call. Newspaper, February 14, 1896, Page 9

THE SAN FRANCISCO CALL, FRIDAY, FEBRUARY 14, 189 JESSE POTTER'S RANK PERJURY, Judge Buck Announces From the Bench That He Will So Hold. THE BIG BROWN CHECK. It Was Not Given to a Baden Roustabout, but to a Woman for Wine. MOVE TO REOPEN THE CASE. DepositionsTof a Sensational Character Indicating Prodigality in Ten- derloin Resorts. In the proceedings to remove Jesse S. Potter as executor of the will of Charles Lux a move was made yesterday at Red- wood City such us will give a new cast to your house? Almost continuously fora year, Upon any of those visits did Mr, Potter pur- chase any goods, wares or merchandise from you? Yes,sir. - What was the character of the merchandise purchased by Mr. Potter? Wine. Did you keep at that time any memorandum or occount in your own handwriting, or other- | wise, of wine bought by Mr. Potter at your house? Yes, sir. Have you that memorandum with you? Yes, sir. (The witness produces & book.) What book is this? This is my memorandum- ok. Idonot wantany names here exposed. Mr. Burdette—The names of other persons are covered up, except the name of Mr. Potter. Mr. Pilisbury—If you put your book in evi- dence, it Is understood that we are not to be limited to any lpal’licnllr page. Mr. Barnes—I am taking this one so far as the account of Mr. Potter goes. The witness—I object to having any of the other names go in evidence. Does the name of Jesse S.Potter appear in that book as having purchased wines at your house? Yes, sir. What is the first entry in the book, so far as Mr. Potter is concerned? Mr. Pillsbury—I object to the book is the best evidence. Mr. Burdette—I object to any portion of the book being introduced in evidence except that part which refers to Mr. Potter. { Mr. Pillsbury—We desire to have it upon the | record that the witness has no right to appear | by attorney, and have objections to the pro- | ceedings entered by her attorney; also, I fur- | ther object to the question upon the ground | that it {s incompetent, because it is not shown | to be in the handwriting of the witness. Ques- | tion not answered. | Mr. Barnes—Are the entries in that book made in your nandwriting? No, sir; I have 2 bookkeeper. Are any of the entries in that book made by you, in regard to Mr. Potter, in your own hand- ‘writing? No, sir. | Setting aside that book, have you any inde- | pendent recollection of any wine charged on that oceasion to Mr. Potter in that book ? Mr. Pillsbury—We object to the question, as not the best evidence, and as incompetent. 1L course I recollect everything ‘that is in | ere. | Mr. Barnes—Have you an independent rece | ollection of the facts? I have. | Can you state what the aggregate amount of | wine, 1f there was any aggregate, was, which has been sold to Mr. Potter, and which was lnuplid for on the 7th day of March, 18932 Yes, sir. the question; December 22, Jesse Potter, bottles 3, 815 paid. December 28, Jesse Potter, botties 3, $16 g:llfl- In each and e\'e!'{ entry where the letter “B” occurs what does that indicate in your system of bookkeeping? Bottles. And the letter “P? Paid. I will call your attention to page 15 of the same book, and ask you to initial everything in relation to Mr. Potf e. (The witness does so.) S o Untpess Mr. Barnes—I offer in evidence on page 15 of the same book, the wine book, cash owed, as many entries as have been initialed “‘S. Y.” by the witness now under examination. It begins with two ditto marks, one under the month column, and the other under the day column: Jesse Potter, B, 3, $15, p. Jesse Potter, B.3,820,p. 1,1893— D 1, Jesse Potter, B, 14, $70, . 8w « "B, 2 810, 8, Jesse Potter, B, 2, 10, p. 2, Jesse Fotter, B, & F 20, B, 5,825, b Toffer you now page 16 of the same book. Please initial upon that page all of the entries pertaining to Mr. Potter. (Witness does 80.) Mr. Barnes—I offer in evidence on page 16 of the samé book known as the wine book, cash owed, so § of the entries as have been initialed “'S. Y.” by the witness now under examination: January 22, 1893, o 24, Jesse Potter, B, 5, 816, p. " January I offer you page 17 of the same book. Please initial the entries pertaining to Jesse Potter ug(()n that page. (The witness does s0.) r. Barnes—I offer in evidence the entries on page 17 of the same book, known s the wine- ook, cash owed, which have been initialed :" Y.’ by the witness now under examina- February 13, 1898— February 13, Jesse Potter, bottles 5, $26 paid. February 16, Jesse Potcer, bottles 3, $15 February 17, Jesse Potter, bottles 2, $10 paid. Febroary 18, Jesse Potter, bottles 2, $10 paid. Februar; February 24, Jesse Pouter, bottles 2, $10 paid. February 25, Jesse Potter, bottles 1, §b paid. Febiuary 26, Jesse Potter, bottles 2, 810 pald. o MILLER & LUX 508 CALIFORNIA ST. SAN FRANCISCO oAz, Ceenemmemews The Check Drawn by Jesse S. Potter in Mrs. Young’s Resort, Concerning Which He Is Said to Have Perjured Himself. case. Jesse Potter is charged by the eys for the petitioner, Henry Lux, h perjury. The affidavit of James H. pbell making this allegation was sub- tted, backed by depositions of Samuel Beaver, C. Z. Merritt, Edward Mar- , Fannie Haworth and Mrs. S. P, senting these D. M. Delmas asked that the submission of the case be set aside, and that the cause be reopened for the admission of the testimony. The depositions were under seal. This incident of the alleged perjury attaches to the $800 draft which figured in the case as bhaying been drawn by Potter in favor of John “Brown, roustabout, employed at Baden. The court wanted to know if the counsel were merely anxious to enlighten the court, or trying to complete 1ts record with the Supreme Court in view. Mr. Delmas said he hoped they would not be obliged to go to the Supreme Court. | Judge Buck said that while he did not | propose to announce his decision at this | time he would find that perjury had been committed in this particular. “I do not think any sensible business man would loan $300 to a roustabout with- out some security,” he continued. ‘I don’t believe a business man would do it. Itake that yiew of it in my decision thus far. My decision is not completed as yet.”” Garret W. McEnerney of counsel for Jesse Potter demurred to the whole pro- ceeding. He stated that asa matter of law the motion should be denied. An at- tempt was being made to tender an issue which, if true, would not constitute a ground for Potter’s removal. He said also that the offense occurred subsequent to the commencement of these proceedings and as such could not be introduced. lge claimed that there was no question about Potter’s business integrity and that his veracity was not an issue. . Delmas of counsel for plaintiff disagreed with Mr, McEnerney and said that the idea advanced by the latter was certainly a most novel and startling proposition—for a leading witness to con- fess perjury and yet deny the right of the court to consider it against him. He con- sidered the evidence material. An ad- verse decision to either side would most likely lead to an appeal. If the decision was favorable it would strengthen their position before the Supreme Court, while if the decision was unfavorable it would be too late to ask that the evidence be in- troduced. Judge Buck announced that he had some aoubts about his right to grant the motion and ke would take it under advise- ment. Formal notice was served last evening upon the defendant and his attorneysthat a formal motion will be made on the 20th inst. before the court asking that the cause be reopened and the affidavits and deposi- tions going to prove that Potter committed deliberate perjury in his story of the $800 draft. On the stand and under oath Potter, con- fronted with the draft made out in favorof John Brown, said that Brown was a roust- about employed by Miller & Lux at Baden and that he, Brown, had subse- quently, while he was in the northern part of the State, sent the money back to him, Potter, through Wells, Fargo & Co.’s Ex- ress. : 2 2 In going over the business in detail, Mr. Delmas made the discovery that this draft bad really been made by Potter while he | topping in the disreputable house ot ffl:.!s?!i’e Y(‘)un ; that shephad endeavored to get Edward Marchand, the caterer, to cash it; that Marchand had taken it to Miller & Lux, and_they, upon Marchand indorsing it, gave him a check on the Cali- fornia Bank for the amount. Following are the material points of the deposition made by Mrs. Sadie Powell Young in answer to questions put by Mr. Blmei: What is your full name? Sedie Powell Where do you reside? No. 312 Stockton street. 1s0 your place of business? Yes, sir. gol:l{o.ng Dave you resided there? About one year and four or five months. Immediately prior to your residing and car- rying on your business at 312 Stockton street, where d‘.dyyau reside? No. 205 Post street. Did you carry on your business at 205 Post street during your residence there? Yes, sir. Business of the same kind and character as carried on by you at 312 Stockton street? Yes, sir. Whoyn xdm 5'90" begin to reside at 205 Post street n 1892. What month in 13?3;2 I took the house and opened it in March, 1892. p.:nd how long were you proprietor of that house? About a year and a half, I %uus. Do you know Jesse Sheldon Potter? Yes, sir. How long have you known him? Oyer two years. During the time you occupled the house 205 Post n.u‘u Wwas Ju:e sheldolr)n Potter a visitor at your house? Yes, sir. low frequently during the time you occu- pied 205 Post street was Mr. Potter 8 visitor 8t | How much was it? $800. How many bottles of wine did that repre- sent? One hundred and sixty. Did Mr. Potter pay that bill? Yes, sir. | Did he pay you? ‘He paid me by an.order or check on Miller & Lux, Where was he when he gave you this order or check that you refer to? In my house, 205 | Post street. | | Where, 1f you know, was that check or order | drawn? " In'my house. By whom was it drawn! By Mr. Potter, { Inyour presence? Yes, sir. | . Did you or did you not furnish him with a | blank upon which the order ‘was drawn? No, sir. Did you furnish him with anything in con- nection with the drawing of that order? Pen | and ink, that is all. I show you a drait marked ‘‘Petitioner’s ex- hibit 14, Nov. 11,95, H. W. S.,” and | you if you hiive ever seen that before? (Show- | ing.) Yes, sir. | _Where and under what circumstances did | you first see that draft? Mr. Potter gave it | to me. | . Is that the draft to which you have referred | in your testimony at this examination? Yes, sir, I should judge so; it looks Jike it. | _ Where did Mr. Potter hand you that dratt? In & room in my house. What did you do with it? He asked me not to present it myself to Miller & Lux, but to get | some business man to cash it for me. I went to my housekeeper, and she said, *“I will take it to Marchand’s. Never mind what was said. You took it to ~your housekeeper? Yes, sir. What is your housekeeper's name? Faanie Howarth. Where were you when you gave Fannie Howarth that draft? Standing in the hall, And she took it? Yes, sir. Atany subsequent time did she return to | you any money upon the draft? The mext day. & | At about what time? Oneo’clock. In your house? Yes, sir. Hojy much money did she give you? Eight hundred dollars. And what did you do with that money? I paid my debts with it, I suppose. To what purpose did you apply it? To the | household expenses. Did you apply that in settlement of aoy ac- count? Yes, sir; of Mr. Potter's account. Did you make an entry of that fact at any time? ‘I did. In your own handwriting? No, sir; [haves lady housekeeper, who keeps my books for me. Who is that? My hair-dresser. What name? Louisa Heyson. You have no entry in your own handwriting | then in relation to l.hlufplflicu]lr draft or to | what came from the draft? Yes, sir. Have you in your possession now any book in which there’is an_entry of the trausaction | of the receiving of this $800? Yes, sir. | “Isitin your posession? Here it is. (Witness produces it.) | Will you please place your initials upon the particular line of that book which contains an entry in relation to this account? (The witness does so.) | Isthis the winebook? Yes, sir. This is the | paid winebook. That 18 all paid, } Mr. Barnes—I offer in evidence the entry appeating upon page 13 of the book known as the paid winebook, which reads as follows: “March 7th 160 bottles 800.,” and which has been initialed by the witness with the initials S, Y.” As a further descriptior, page 15 ?egi"‘s;"h the entry, and 1s headed ‘March st, 1893.” ’ What is the other book which you have here ? These are my unpaid bills, some, and some are paid; and when they pay then I enter itin this other book ? This book is one of your books; is it ? Yes, r. . It is marked on the first leaf “Winebook, cash owed.” What does that mean ? That is un- paid wine. lThnt has been boughtin your house ? Yes, sir. 1t is, you say, from this book that you gather together the entries which appear in the ag- gregate, when paid, in the paid winebook 7 es, sir. Iask youto initial upon page 13 of that book each line, if any there appears, which pertains te Jesse S. Polter's account and each entry. (The witness does s0.) Mr. Barnes—I offer in evidence the book en- titled winebook, cash owed, on page 13 of that book, o much’of the page as has been ini- tialed “S.Y.” by the witness, which entries are as follows: December 1, 1892, December 1. December 1, Jesse Potter. December 1, Jesse Potter, B 16, $80, December 1, Jesse Potter, B 30, $160. December 3, Jesse Potter, B 30, $150. December 4, Jesse Potter, B 5, $25, December, paid. Cen you now state, from sonr individual recollection, whether, at the dates set forth in this memorandum, Jesse Potter did not buy and have charged the numbers of bottles of wine here charged to him. Yes, sir. That is a fact, independent of the book? Yes, sir; 1t would not be down there if it was not.. At what time was the word “paid” written beneath that account that appears there? Was that written prior to the giviug of the draft and the receipt of the money or afterward? This was before the draft. A 1 call golin attention to page 14 in this same book. Please initial each line on that page re- lating to Mr. Jesse Potter. (The witness does 80. n}r. Barnes—I offer in evidence all of the en- tries upon page 14 of the winebook, cash owed, which haye been initisled “S. Y.” by the witness now being examined. December 6, 1892— . esse Potter, bottles 1, 85 paid. Jesse Polter, botties 8, $40 paid. Jesse Potter, bottles 7, $35 paid. bottles 7, $35 pald. 0, December 15, Jease Foli wbher 15, Jesse Poiter, Decem , Jesse tter, bottl paid, December 18, Jesse Potter, bottles 6, d. December 19, J esse Potter, bottles 3, December 20, Jesse Potter, bottles $30 ;.1&,,':‘.'«. A paid. February 28, Jesse Potter, bottles 2, $10 pald. February 29, Jesse Potter, bottles 3, §15 puid. 1 offer you page 18 of the same book. Please | initial any entries that may appear in relation to Jesse Potter, (The witness does so.) Mr. Barnes—I offer in evidence the entries on page 18 of the same book, known as the Wine Book, cash owed, which have been initialed Y.” by the witness now under ex- aminatio: March 4. March 4, Jesse Potter, bottles 3, $15 March 12, Jesse Potter, bottles 4, March 15, Jesse Potter, bottles 2, $10 paid. March 17, Jesse Potter, bottles 2, $10 paid. 77.—1 offer you page 18 of the same ok, Piease initial any entries that may con- cern Mr. Potter. The Wwitness does 80.) Mr. Barnes—I offer in evidence on page 19 of the same book, known as Wine Book—Cash Owed, the following entries, which have been initialed by the witness, “S. Y.,” now under | examivation. Aprll 2—Jesse Potter, B, 2, $10, p. Inow offer you page 20 of the same book, Please initial any entries there in zelation to Jesse Potter. (The witness does so.) Mr. Barnes—I offer in evidence so many entries on page 20 of the same book, known as Wine Book—Cash Owed, as have been initialed J“8.Y.” by the witness now under examination: May 7,1803. 3 May 7, 1893, Jesse Potter, bottles 7, $35, paid. Inow offer you page 22 of the same book, known as the wine book, cash owed. Please initfal any items there that pertain to Jesse Potter’s account. The witness does 50.) r. Barnes—I offer in évidence so many en- tries on page 22 of the same book, known us the wine book, cash owed, as have been ini- tialed 8. Y.” by the witness now under exam- ination: September 6. Jesse Potter, bottles 14. September 8, Jesse Potter, bottles 9, , $70, pald. %45, paid. September 10, Jesse Potter, bottles 16, §80, paid. September 14, Jesse Potter, bottles 7, $35, paid. I offer you page 23 of the same book, and ask you to initial any entries upon that page that Pertain to the account of Jesse Potter. The witness does so.) r. Barnes—l1 offer in evidence the entries on page 23 of the same book, known as the wine book. Cash owed, which has been ini- tisled “S. Y.,” by the witness now unaer ex- aminatiol September 20, 1893— September 20, Jesse Potter, bottles 4, 830 paid. September 21, Jesse Potter, bottles 2, $10 paid. September 23, Jesse Potter, bottles 13, 865 paid. September 24, Jesse Potter, bottles 13, $65 paid, September 27, Jesse Povter, botties 47. $235 paid. September 28, Jesse Potter, bottles 1, $5 paid. September 80, Jesse Potter, bottles 3, $15 pald. $80 paid. 30 paid. October 4— October 4, Jesse Potter, bottles 16, October 6, Jesse Potter, bottles 6, I will call attention to page 24. Please ini- tial any entries that may pertain to Jesse Pot- ter. (The witness does so.) Mr. Barnes—I offer in evidence so much of page 24 of the same book, wine book, cash owed, as_have been initialed “S.Y.” by wit- ness under examination: October 16, Jesse Potter, bottles 16, $80 paid. October 18, Jesse Potter, bottles 17, 385 paid. October 19, Jesse Potter, bottles 10, #50 paid. October 20, Jesse Potter, bottles 5, $25 paid. October 21, Jesse Potter, bottles 9, $45 paid. I offer you ge 25 of the same book and ask you to initial any entries upon that page that pertain to the account of Jesse Potter. (The witness does so.. Mr. Barnes—l1 offer ln evidence so much of pags 25 of the same book, wine book, cash owed, as have been initialed “S. Y." by the witnesss under examination: October 28, 1893— October 23, Jesse Potter, bottles 5, 825 pald. October 27, Jesse Potter, bottles 8, $40 paid. Qctober 28, Jesse Potter, bottles 5, $25 paid. October 80, Jésse Poiter, bottles 7, $35 paid. October 81, Jesse Potter, bottles 4, $20 paid. N;vemmgel—; Jegse Potter, bottles 12. $60 pai, November 1, T, es 12, d. November 5, e Jotser, botties 4. $20 paid, November 6, Jesse Potter, bottles 4, $20 paid. November 7, Jesse Potter, botties 2, $10 paid. 1 offer you page 26 of the same book and ask you to initial upon that page any entries per- taining to the account of Jesse Potter. (The witness does s0.) ir. Barnes—I offer in evidence ptfie 26 of the same pook, known as the Wine Book, Cash Owed: so many entries as have been initialed “8, Y.” ( the witness under examination. The heading is November: November 11, Jesse Potter, bottles 1, 55, paid. November 18, Jesse Potter, bottles 18, 880, paid. November 18, Jesse Potter, bottles 8, ' $40, paid. November 21, Jesse Potter, bottles 3, $16. paid. November 22, Jesse Potter, bottles 4, $20, paid. 1 offer you page 27 of the same book and ask you to initial upon that page all of the entries Ppertaining to Mr. Potter. The witness does so.) r. Barnes—I offer in evidence so many of the entries on page 27 of thesame book— known as the wine book—cash owed as have been initialed “8. Y.” by witness under exam- ination. The heading, though not in this item, is November: 29, Jesse Potter, bottles 6, $30, paid. At what time was the indebtedness incurred by Mr. Potter at uur house, which you have testified to, for which he Eu ou that $800 draft on Miller & Lux? at I cannot tell; because he ran & bill up and then would ask me how much he owed. Are any of the entries that I have read from this any of the items that went to make nl‘> that .uu&m of $800?7 Ye ‘es, 8ir. s there any other memorandum of Mr. Pot. ter’s account other than appears 1in these two books? No, sir. - Were the entries which I have read to you, and yhich have been put in evidence, made by fl:r order and under your direction at the time of the transactions to which they relate? Yes, sir. Refreshing your memory by these entries, can you now say that Jesse 8. Potter did, at the time indicated in these entries, purchase the quantity of wine indicated and pay for the same the amount indicated in those entries? Yes, sir. Were there any other items for wine in that ‘book which do not appear in Mr. Potter’s indi- vidual name which were charged to or paid by Mr. Potter? Yes, sir, in _the other book, the cash paid. When he did not have the money is when he ran the bill. Mr. Barnes—I offer this draft in evidence, and ask that it be marked by the notary for identification. On the face of the draft it reads: *Miller & Lux, Nao. , Baden, March 7, 1893. At sight pay to John Brown, orbearer, $300 (eight hundred dollars) value received, and charge the same to Jesse S. Pot- ter. To Miller & Lux, 508 California street, San Frepcisco. Signed ‘Jesse S. Potter,’ and stamped Miller & Lux.” Paid Msreh 11, 1893. Sen ;":nnclscoy Cal.” Do you recognize of what original this photo- graph I now show youisacopy? (Showing.) es, sir. ° Isit & copy of the draft which has been here- tofore identified "W“ and indorsed “In re es- state of Miranda W. Lux, respondent, exhibit 1, T. R. K, notary public, January 3, 1896 ? Mr. Pillsbury—I object to the question as eading. Mr. gnr,nes——?lgnse describe what document this pnotograph is a copy of. Of this draft (showing). By “this draft” you mean the draft concern- ing which you have been testifying? Yes, s Mr. Barnes—1 offer this photograph copy in eyidence, to be marked, “In the matter of the estate of Charles Lux, deceased, exhibit 5, T. R. K., notary public, January 6, 1896.” The witness WS nNOW cross-examined by Mr. Pillsbury. | What is your age, Mrs. Young? Mr. Barnes—That is objected to as incompe- tent, irrelevant, immaterial and not cross- examination. 1 don’t know that my age has anything to do with the case. The notary—You may either amswer or de- cline to answer. - 1 decline to answer, By Mr. Pillsburs—You stated that before you lived at 312 Stockton street you lived at 205 Post street and carried on the same business &s now. What was that business? Lodging- house, How long have you been in that business? Very near four years. You commenced business at 205 Post street, did you? Yes, sir. When was that? That was in 1892. When did you_first make Mr. Potter’s ac- quaintance? InNovember, 1892;the 14th day of November, 1892. How are you abie to fix the date that he first visited your house? I decline to answer. Mr. Pillsbury—l submit that the witness should snswer the question. Tne Notary—You can state if you get it from our books, if you recollect it. 1 remember it y the entry on my book of some wine that he bought. { Do you recollect it any other way? No, sir. By the entry on what book? My winebook, 18 that your book which has been offered here in evidence? Yes, sir. Will you show me that entry, please? Four- teen bottles of wine he had that night. There is no name here, is there? No, sir; there is not. Is ‘there any name at all in'the book? No, sir. Atany place? No, sir. 15 there any name anywhere in this book, from beginning to end? No, sir; not in_that | book (indicating book called “ Paid Wine Book”). X The iame of Mr. Potter does not appear on this book at all, from beginning to end, does it? No, sir. How do you know by that date? I know by the quality ot wine that he bought. On November 5, of the same year, there is an | entry of eighteen bottles, is there not? That | is right; but Mr. Potter is a man you would remember. “Who bad the eighteen bottles? I decline to answer that. You say you remember that that was Mr. | Potter ou account of the number of bottles, do @0 you? Yes, sir. That is the only way that you identify tnat that was Mr. Potter on November 14, was by the number of bottles, isit? That is all. On the 5th of November there is an entry of eighteen hottles, is there not ? Yes, sir. To whom were thosesold? I know, cline to answer, You do know to whom they were sold, do you ? Mr. Barnes—That is objected to as incompe- tent, irrelevant, immaterial and not proper cross-examination. 1 decline to answer. Mr. Pillsbury—I esk to have the question certified to the court. There has been put in evidence here page 15 of your book. which is called “paid wine book.” under the head of March, 160 botties, $8007 Yes, sir. Were those all sold on that occasion? No, sir. Take the date of March 3, three bottles. .Were those sold on thatday? I had to make up the $800, I suppose. I take what is owing and count it up and make $800. Then that $800 was made up not of any one day, but of & large number of days, was it? Yes, sir. You did not sell any 160 bottles on March 7, 1898, then? No, sir. Take the whole month. On March 1, twelve bottles. Did you sell twelve bottles that day? Yes, sir; I have sold him twelve bottles in'a da; jut I de- ked you if you sold twelve bottles of wine on that day. ~ Yes, sir. ‘_Did_you, on March 2, sell three bottles? es, sir. Did you, on March 4, sell five bottles? Mr. Barnes—I object as incompetent, irrele- vent and immaterial, and not cross-examina- tion; and furthermore as being misleading and improper in form, in that the gentleman asks if she sold five bottles of wine upon a cer- tain day, which is apt to confuse the witness, not calling to her attention the fact whether or not it is a specific item upon the book to which the inquiry is directed. Idon’t remember whether I did or not. The same objection was made. In this way, statement by statement, the witness was taken over the original ground under cross-examination, how she kept the books, and every detail of the transaction, with- out evolving any materially new point. In her deposition Fanny Howarth, housekeeper for Mrs. Sadie Yoang at 31 Stockton street, and formerly at 205 Post, stated that the drait in question signed by Jesse Potter was given to her by Mrs. Young with the request that she get her husband to cash it. She gave it 'w Mr. Marchand, and subsequently he or some one in the restaurant gave her the cash, $800. She gave the money to Sadie Young. Mr. Marchand in_his] deposition tells how he took the check to Miller & Lux and secured another from that firm on the Bank of California, and E. Z. Merritt, cashier for Miller & Lux, and Samuel E. Beaver, paying teller of the bank,'tell of their part in the transaction as stated. All these depositions are in the hands of the court, and it is the effort of the counsel for the petitioner to have them made a part of the record. JUDGMENT FOR SUTRO. D. J. Thompson Fails {n His Suit Against the Mayor. Justice of the Peace Cook decided the case of J. D. Thompson against Mayor Sutre in favor of the defendant yesterday. During the last campaign suit was brought in the name of Adolph Sutro, E. M. Wardell, W. H. Mathews and J. V. ‘Webster against Alfred J. Evans, then Registrar of Voters, P. A. Dolan and others to prevent the name Populist or Populist party being used on ballots. A temporary injunction was granted by the court, the plaintiffs putting up a bond in the sum of $500 with the plaintiff in the present action and J. W. Swales as sureties. Subsequently the defendant Dolan went into_court with his attorney and succeeded in Laving the injunction dissolved, the costs falling on the plaintiff. Dolan had contracted a bill of $200 for attorneys’ fees, which was subsequently transferred to Ira G. Leek, who demanded and received from Thompson, as bonds- man, that amount. % Mayor Sutro refused to pay the amount, on the ground that he had not authorized the use of his name in the case and knew no reason why he should be held respon- sible. The court ruled that the evidence was not sufficient to show the Mayor had authorized any one to use his name in the matter and gave judgment as stated. e A Fruit-Peddler Accused. A warrant was sworn out in Judge Joachim- sen’s court yesterday for the arrest of Charles Wilson, & one-legged fruit-peddler on the water front. He 1s accused of inducing Pearl Rothenstein, 11 years of age, living at 7 Wil- liams street, and Mollfe Flynn, 10 years of 'fe' living at 12 Williams street, to accompany him 1o the Presidio on January 3, where he at- tempted to assault them. ———— A peregrine falcon was taken a short time ago at Mertoun, Eng. 9 FREIGHT FOR SIBERIA, The William J. Rotch and Chehalis Loading for Vladivostock. LARGE INCREASE OF ORDERS. Trade Has Grown Over 300 Per Cent Between This Port and Russia, Two fast-sailing vessels—the ship W. J. Rotch at Fremont-street and the barken- tine Chehalis at Harrison street—are load- ing for Vladivostock, Siberia. For several years trade between San Francisco and the Russian port has been steadily grow- ing in imvportance, despite the fact that the German and Datch firms have been reaching across Siberia toward the prin- cipal Russian seaport in the Pacific, and also that the ice closes np that harbor from October;2to April. However, efforts are had a bow, and boxed their ears all around. She had a little brass and vel- vet collar with a bell which she was allowed to wear for tho rest of the day after a washing; when the bell was jin- gled she would run and hold her neck to have the collar fastened, and then trot about to be seen and heard. She had a ireatdenl of the love of admiration which have observed in all cats.—Temple Bar. —_—————— A HERMIT FORTY-NINER DEAD. His Last Moments Measured by the Ticks of the Clock He Had Made. Ebenezer Brundage, an eccentric hermit of patriarchal aspect, died at Orange City, N. J., the other day ina rude hut on the old racetrack in East Orange. He was un- educated, but he wasa good talker, and was locally celebrated for his versatile me- chanical and artistic talent. He made cigars and clocks and painted pictures. He got a living chiefly by selling eggs and poultry. There was only one room in his hut, against which he had built a coop for his 150 fowls. In front of the house he had | put up a board on’'which he had. painted “Eggs from the nest-” Hanging on the unplastered wall of the hut was an octag- onal clock which he had made himself ana which had run down about the time he died. His last effort in paintin, portrait of a woman that ndurnsier home on Main street, near Hawthorne avenue. Brundage was 81 years old. It is said | that he left a wife and two children in was the | (THE INVENTOR OF JOVIAT, Dr. Emile Blomen, the Noted Chemist, Has Arrived in the City. EXPLOSIVE NAMED AFTER JOVE. More Powerful Than Nitro-Glycerine, Yet Can Be Banged About at Will. Among the arrivals at the Occidental is Dr. J. Emile Blomen of Washington, D. C., professor of physics in Columbia College and inventor of the new explosive, joviat. : This is a very strange and most destruc- tive explosive, with the power of nitro- | glycerine, yet it may be handled with impunity. Stories in regard to the dis- covery of the new explosive were tele- graphed here some months ago. Dr. Blomen has come out at the instance e THE SHIP W. J. ROTCH. [Sketched by a “ Call ” artist. | now being made by the imperial Russian Government "to keep the harbor open by running powerful tugboats around the bay. This breaks the young ice and prevents the bay from being closed up against com- merce for 81X or seven motnhs of the year. Another offset to trade with Russia is the currency question, and the silver of that country against the gold of this does not work to a smooth interchange of commo- dities between the two countries. Last year about $300,000 worth of goods, principally flour, meat and salt, were shipped to Siberia, and this year it is esti- mated that the exports from San Francis- co to Vladivostock will be valued at oyer $500,000. The flour is used on the Siberian railroad, now in course of construction, to feed the great number of Cninese and Japanese laborers. The meat is princi- pally for use 1n the poiitical prisons and the salt for fish curing. Some canned fruit, a few smail consignments of beer and a large quantity of agricultural imple- ments find their way to the shores of Siberia. & The Rotch and Chehalis will carry away almost 5000 tons and sail about the last of this month., There isa large number of firms who have received contracts to load consignments for Siberia. Hawley Bros., the wholesale hardware merchants, have chartered the Rotch, and Roth, Blum & Co., 201 California street, have the Cheha- lis. Roth, Blum Co., the South San Francisco Packing Company and the Western Meat Company will send large consignments of beef. Beveral firms have contracts to export about 6000 barrels of flour. There is indisposition among the houses having contracts to state the ex- act value of the exports, but they acknowl- edge that the orders from 1he Russian Government are unusually large this year. The fact that the Government is determined to make Valdivostock the rendezvous for their Pacific fleets of cruis- ers in view of war-cloudy affairs around Japan and China has much to do with the rising importance of that port. Its loca- tion also makes it a future customer for { San Francisco commercial houses. Besides the sailing vessels chartered each year for Siberia every steamer for the Orient takes large quantities of goods con- signed to Valdivostock, which are shipped from Yokohama north on small coast vessels. 5 5 It is considered encouraging to San Francisco enterprise that trade between the two ports is constantly expanding, and notwithstanding the peculiar condi- tions mentioned that would seem to miti- gate against a commercial interchange, trade has been quickened between the two distant shores. REAL VAIN CATS. How One Feline Showed Her Love of Admiration. Cats are susceptible to little attentions, such as srreading a rug or laying a cushion for them, and exceedingly tenacious of their rignts of possession. Besides their baskets each of miné has a cushion which is kept in one place, on ‘which she is trained to lie, to prevent her covering the durniture with hairs. Only two have been completely broken of the habit, and Lalla bas so exclusive a sense of property in hers, which is in the corner of a sofa, that if she sees a human being resting his head or elbow on it she posts herself on the floor before him, looking him out of counte- nance until he moves. Once a visitor threw her cushion into a chair and sat on [it. Ashe disregarded her mute protest she walked away, but would not lie on it for weeks afterward. This jealousy of any- thing likea privilege or prerogative shows iuelfin them all. It is a habit of the house, whenever there has been a wash day among the cats, to give them a party in the evening; they have bows on their necks, and are all brought to the drawing-room, where their balls are thrown to them, and as they sre always in a state of hilarious excitement when the first sleepiness of the baths goes off, a_general irolic fol- lows. Some of them do not like the bow at first and try to twitch it off, but soon come to take pride in it, like the bell- wether, Czarina, a true Parisian in that respect, love of adornment and showed _excessive complacency in her ribbon, but at her kitten's first rty, when they ran to meet her, after gu(nl them in turn, she saw that each Greenpoint when he went to California in 1849. He made money in the West, but iost nearly all of it by the burning of & big notel he had buiit in” S8an Francisco. He returned to the East thirty years ago and went to Newark. His children had grown ap and be haslost interest in them. He then began his solitary life. Brundage's room was bare of ornament. He never swept away the cobwebs, but let the dust accumulate on everything. The tloor was bare, save for a small piece of carpet near his cot. He cared a good deal for his versonal appearance, always keep- ing his long white hair and beard well combed. He slept on a pillow of corn- stalks that he had made himself, refusing to use a big feather pillow given to him by the woman whose portrait he had painted. —New York Sun. —————— According to the Buddhist form of re- ligion a man lives twelve times on earth, his soul returning after each demise to some animal, bezining with one of the lower varieties, like a reptile, a crocodile or a wolf, and then each time he dies afterward returning to some animal of a bigher type. In this way there isa gen- eral progression of the soul until it reaches the animal representing the Eighest type of all, which is the white elephant. of Senator Perkins and ex-Senator Felton to make arrangements for the manufac- ture of joviat at the California Powder Company’s works, near Berkeley, in | which they are interested. Joviat has be- come with them so important and neces- | sary an explosive that they are going to | make it. The inventor has, therefore, | been perfecting arrangements there for its production. Several experiments have | been attempted already, and everything | is said to be working out all right. Dr. Blomea says the new explosive may | be banged sround in any and every way and yet be perfectly safe. It may even be vlaced on a railroad track and cars run over it, yet it will not explode. Nothing can render it dangerous till it is exploded in the novel way provided, and that is by a Yercussian cap. t will be some time yet before the Cali- fornia Powder Company will have every- thing in shape. Dr. Blomen will be here | several months. It is said that the ine | ventor has already made a comfortable | fortune from his discover: He was seen yesterda; go into extensive detal n regard to the joviat. The explosive takes its name from Jove, who hurled all the thunderbolts and. | ruled even the gods, Extraordinary in- | terest has been taken in joviat ever since it was discovered. NEW TO-DAY. Broken Lots e . P U FROM A WHOLESALE STOCK, SOLD AT RETAIL SALE. Every ¢Broken” lot SHATTERED PRICES and every «0dd’* size in our vast Wholesale Stock is offered to you at Re= tail at just the bare cost the Manufacturers. of manufacture to us— But little need be said—such prices sell the goods rapidly—hadn’t you best make haste ? Man, Boy or Child—every kind of Clothing— Wholesale Makers’ cost. BROWN=== Wholesale Manufacturers Props. Oregon ity Woolen Mills Fine Clothing For Man, Boy or Child RETAILED At Wholesale Prices 121-123 SANSOME STREET, Bet. Busk and Pine Sts. ALL BLUE SIGNS S e