The San Francisco Call. Newspaper, February 22, 1896, Page 5

THE SAN FRANCISCO CALL. , SATURDAY, FEBRUARY 22, 1896 5 —— e e eV e AR e e e e W CHARGES T0 BE PRESENTED, Mrs. Cooper Declines to Discuss the Matter at Present. DR.BROWN IS CONFIDENT He Says the Stockton Episode Will Ultimately Prove His Innocence. THE GAY WIDOW'S STORY Expresses a Determination to Become a Better Woman—Is Done With the Council. Following Thursday’s sensational velopments at the council Dr. Brown and his friends declare that the testimony of Mrs. Stockton will finally prove one of the strongest factors in finally establishing the pastor’s innocence. To substantiate this they say that the vinsome widow, according to the Gean affidavit and the Bass letters, 1s given to s that are dark and tricks which are sometimes vain. They point with cor dence to Judge Campbell’s statement of an interview with Mrs. Stockton nearly twelve months ago, in which she admitted to him that Lloyd Tevis had at one time given her $2500. Dr. Brown said last night that the way bad been cleared to sift the entire Stockton episode to the bottom. Just what the method of procedure would be he declined to say, though he was 1 in rare good humor over unexpec ood news. When the investi 1med next Mrs. Cooper and Mrs. Stockton robability be recalled to the pastor has stated that he in- 1 concerning their i Tevis, hoping in on the part of gentleman says knowledge which public will be as ctive in establishing of the r the examination of * night Dr. Brown de- ssioned address to the isin part as follows: what appears & specifi affirm that [ am innocent of woman and I ask 1 lished principal of law: my is to be be person.” fore she went of our deacons o silence 1 shonerable lie or steal to help Dr. o the deacon who re- who has many ing o the afdavit b, also with b il on a prom! d and the publication v o predjudice mein the g to this torney iled. money, a personal letter. ble witness ged offenses 3 2 me, and to get me into she had one ainst me, ¢ because 1 the ¢hurch » credible witnesses, have, that she came on her string f whose & 0 this chu one n. these witnesses that Was & rotten man 1 Ira P. Rankin, whose name is men. can_reproach it, but ve reproach that the her word can be enc r ab afterward admitted that one of whom she hed thus slandered was 1y known to her, so that her state- sven to have been made only in 1 wicked bravado w has char- utterances since the publication bia a well-known man of offl- 1 a gray-haired dealer & few months 00, of which she had given her woman 1panion £1000. ally I ask you to remember the words of Campbell in binding Mrs. Davidson uperior Court: “It is the very essence of blackmail that the blackmailer will lic, and, if need be, perjure herself in order to blecken the good name of her victim and sne hes her story ready to tell.” Mrs. M. A. Davidson burst into a snb- dued laugh yesterday of a CALL representa time re Campbell given before the ecclesiastical council Thursday night. In his testimony Judge Campbell stated that Mrs. Stockton had told him that she had secured $2500 from a certain wealthy man and that she had given $1000 of this to a certain old lady to establish a corset business. Con- tinuing the judge had said: “Inow think that Mrs. Davidson is the woman referred , se two women, I think, have set hout to trap Dr. Brown.” Commenting on this that she did not know and does not know her now, She ha1 not even seen her, she said. “The first time I heard of her,” she added, “was in the con- fession of Mattie Overman to me in which she said Dr. Brown had paid her $630." Speaking of her intended appearance be- fore the council on Tuesday she said: ve she for the first Mrs. Stockton then I have been thinking ail day of my state- . 1 wrote one with the intention of read- yesterday had I the opportunity. But 1 ¢ I might not have the opportunity e the charges quite full, a little differ- irom my first intention. They embods all ts of the statement. I shall probablv ome slignt changes in my statement be- told me that Dr. Brown would cro: me on what was published in the specinlly on that first_statement which published December 31, and which we mpted to use in Judge Campbell’s court. But I have since been informed that Dr. Brown would confine himself to the Eastern matters, which he had sought for assiduously. He evoted servant, Deacon Morse, during the lat ter's absenee. Of course I don’t know what be fabricated. There has been a great and there is no doubt that Dr. Brown is well supplied with material manufac- for the oceasion. Mrs. Cooper says she have a calcium light turned on her his- and I can say the same. g “re are some points in those Eastern let- s wr n to Dr. Brown which have an im- wnt signification, and must be taken up in c. Do you suppose that I am going tan insinuation that I murdered my hus- pAss unnoticed? 1 think not. 1ad & most intere . council yesterday. He asked e circumstances under which I wi the receipt for $500, and I told 1 esked me whether after that Brown treated me as u good, faithful et inthe cause of Christ. I told him he that he t 1d time again called on 10 say & few words at the prayer-meeting commended me s a *mother in Israel.” me and Lbelieve the members of the council are eal de- tion in this City that she had in con- | g0t & prominent man of this City to give | when in the presence | ad the testimony of Police Judge | Mrs. Davidson said | ms to have new evidence, secured by his | ing talk with one of the | | #8id Charles O. Brown' tha. unless he, nest and sincere and will sift this matter thoroughly and ascertain the truth. When her attention was called to the decision of the council on Wednesday night, while in secret session, not to permit the reading of any more statements except that of Miss Overman, she remarked: 1 would. of course, prefer to make an oral statement ordinarily, but I know Dr. Brown, and he might try o catch me up on some point. 8o I would like in this case to have everything in black and white. George A. Knight is to defend Mrs. Davidson wiien she is trie the Superior Court, and | he will also appear on her behalf when she testifies before the council. Her friends ar- ranged this matter for her yesterday. They are also making fresh efforts to secure bonds for her release, and she is confident of being in her former place of business agsin within a few days. Mrs. Stockton positively declared yester- day that under no circumstances would she again appear before the council. She aflirms that she has told the true story and without emvellishment. There is nothing more to relate, she declares, and now that she has fulfilled an obligation due to her- self and society, intends to wash her hands | of the whole affair. 4 | “I appeared before the council of my own free wil d Mrs. Stockton. **There | was no influence brought to bear on me, though I resisted my own impulses to do right to the iast. I want it understood | that no spirit of revenge prompted any- | thing I said, though I was forced to it. By | this T mean the continued uttacks made on me. Through it all I endeavored to be honorable and Christianlike. “I felt that to remain longer silent would hurt me in the mind of the pubiic, so [ overcame my natural objections and to the council told the truth. I had, and still have great fear that to speak would bring me trouble, though nothing has as vet turned up in that line. " “I want to say now that I will posi- ively have nothing more to do with the I sympa- pear before the council again. ] s unfor- thize deeply with Dr. Brown in ¢ tunate troubles and am more than sorry | for his family. This feeling of sorrow and pity was increased ten-fold last evening when 1 looked into his haggard and care. worn face. I hope with all my b better I woman. ‘Now, as to that secret session about which something has been said. I was not seeking notoriety and so did not care to cater to the taste of the morbidly curious. I had only to deal with the committee, in whose Lands Dr. Brown future rests. It was pamnful in the e treme to make such damaging statements but clever and wise as I have tried to be- lieve my pastor to be, he cannot in honesty censure me for my appearance before the council. “In this sad affair it seems cruel and unjust to bring parties in the case who have no connection with it. The fact that I am in this scandal is no reason why my friends and auaintances should be dragged 1n. ‘I wish the public to know that instead of losing old friends I have not only re- tained them, but gained many new ones. I bave heard nothing but s; mpathy, spect and admiration from the outside worid at what they are pleased to t €m my courageous conduct. “Now and forever I wash my hands of the sc:nial. 1 simply desir: to be left alone. I feel that I wil! profit by the past. I wish Dr. Brown well and hope that we m. both soon forget it all.” Mrs. Cooper said yesterday that she was in receipt of new evidence against Dr Brown which appears to be just as dam- aging as all that bas gone before. She de- clines to tell the nature of the new charges until she has made a thorough investiga tion. Mrs. Cooper continues to receive dozens of letters daily full of sympathy, respect and confidence. Mrs. Stockton needs a sirong arm to support her now,” said Mrs. Cooper yes- terday, “and I intend to do alt I can’ for her. She 1s naturally of a gentle, loving disposition and intends in the future to live an upright life — MUST STAND TRIAL. Davidson’s Demurrer to the Information Agalnst Her Overruled. man, nope to be a better Mrs. The demurrer to the information filed | against Mrs. Mary A. Davidson was over- ruled by Judge Bahrs yesterday and she was ordered to plead. “Not guilty’’ was her plea, and ther: she was ordered to appear | for trial on Monday, March 23. Counsel for all parties was present when the case was called, and all listened eagerly to the following opinion by the court: Defendant was arraigned upon the ground of extortion. Her counsel thereupon filed a de. murrer 1o the information, setting forth nu- merous causes of demurrer, but in their argu- ment relying mainly upon the ground that the information failed to state a public offense. The main contention made by counsel is that the information alleges the defendant to have acted as the agent of one Jane Elizabeth Bad- din, 1 having commuuicated to Dr. C. O. Brown a threat that Jane Elizabeth Baddin would impute to him the crime of adultery un- iess he paid the defendant the sum of $500 and some further monthly peyments, the argument of counsel being that defendant could not be convicted of the crime of extortion if she did not threaten that she herself would impute to Dr. Brown the derogatory matter set forth in the information. It is conceded by counsel that if Jane Eliza- beth Baddin had in person communicated the seid threat under the circumstances related and had obtained the money, she would have been guilty of the erime of extortion. | "In the face of this admission I cennot under stand by what process of reasoning counsel & rive at the conclusion that defendant is not | equally guilty when she does the same thing | on belialf of Mrs. Baddin and as her agent. One ot the most familiar maxims of law is that all persons are presumed to know the law. This is & conclusive presumption which can. not be rebutted by evidence. Therefore ti defendant is conclusively presamed to have | known that the threat with the demand for and the obtaining of the money was a crime, viz., extortion. Another rule of law which must be consid- ered in conjunction with the above mexim is that laid down by scction 31 of the Penal Code, viz. | ~«all persons concerned in the commission of & crime, whether it be felony or misdemesnor, { and whether they directly commit the act con- | stituting the offense, or aid and abet in its commission, or, not being present, have ad- vised and encouraged its commission, are principals in any crime so committed. ‘onceding the existence of Mrs. Baddin, can the conclusion be avoided that in what she | did the defendant was aiding and abetting Mrs. Baddin to commit the crime of extortion? 1 think not. The greatest fault, however, of counsel's ar- gument lies in their assumption that the in- | formation cherges the defendant with being the agent of Jane Elizabeth Baddin. A care- | ful reading of the information shows this assumption to be absolutely unwarranted. The charging part of the information com- | mences as follow; ‘The said Mary A. David- | son, on th d day of November, A. D. 1895, | 8t the said City and County of San Francisco, | State of California, devising and_intending to | extort money from one Charles O. Brown, did willfully, unlawfully and feloniously and 'ver- bally make and communicate to said Charles 0. Brown a fhreat to impute to him disgrace, | which would expose him 10 public hatred, con- | tempt and_ridicule, and would impeach the houesty, integrity, virtue and reputation of | him, Charles O. Brown.” (Here there is inter- | polated certain matter to be hereafter com- mented upon.) The information comcludes: “And said Mary A. Davidson did then and there, by means of said threats and with the consent of said Charles O. Brown, induced by a wrongful | use of fear, to wit, by fear induced by said threats, williully, uniawfully and fetoniously | obtain and extort from said Charles 0. Brown rtain monev, 10 wit, the sum of $500 in law- ful money of the United States, of the vaiue of { $500 in lawful money of the Unitea States, and | of the personal property of said Charles O. Brown, Allof which is contrary t0,” ete. The matter quoted constitutes the only charging part of the information, sets forth | the uitimate facts necessary to be proven to | sustain a conviction, and follows the language of the statute, Under the rules of pleading, if the matter quoted had solely constituted the information, there could be no question of | its sufficiency. In the matter quoted there is 1o intimation of agency, or that defendant acted otherwise than in her own behalf. The matter interpolated is in the foliowing | 1anguage: “She, the said Mary A. Davidson, did then and there willfully, unlawfully and | feloniously and verbally state to said Charles | 0. Brownthat she, said M A. Davidson, was the agent of one Jane Elizabeth Baddin, and that she, Mary A. Davidson. was scting for her, said Jave Elizabeth Baddin, end then and there with said intent did willfully, lawfully and feloniously and verbally th un- Under no circumstances will I ap- | 1 y beart that | as a result of this terrible ordeal he will be | 1tis not in my heart 1o doill, and | en | examination to be as s aid | they were put in. Charles 0. Brown, paid to her, said Mary A. Davidson, as the agent of said Jane Elizabeth Baddin, the sum of $535 a month for five years to come, Jane Elizabeth Baddin would accuse and impute to said Charles O, Brown, that he, Charles O. Brown, had sexual intercourse with one Martha Overman in a lodging-house, the suid Martha Overman being then an unmar- ried woman, and he, said Charles 0. Brown, having then a lawful wife living and being then and there the pastor of the First Congrega- tional Church of the City and County of San Francisco, State of California, and would pub- licly expose and publish said accusation and imnutation of sexual intercouse with Martha Oyerman.” The matter thus interpolated between the charging parts of the information adds nothin; of strength to the same; is evidentiary an probative in cheracter and might, with great propriety, have been omitted trom the inform- ation. _However, constituting a part of the informa- tion, it must be treated as descriptive matter as it was eyidently intended to be; and if the descriptive matter should set forth a state of facts at yariance with the ultimate facis al- leged, or,in other words, if the descriptive matter should affirmatively show the non-com- mission of the crime sought to_be charged, it would control and the information would have 1o be considered defective. But is there anything in the descriptive matter at variance with the uitimate facts al- leged? Defendant's counsel contend that it shows that the defendant acted as the agent of one Baddin. As to whether it does or not has already been heid to be immaterial. But does it? The descriptive matter merely DUrports to be the statement made by the de- fendant to Charles O. Brown. It is not the allegation of any facts. It is virtually the evi- dence upon which the prosecution will rely for the establishment of the ultimate facts al- leged in the wformation and herein guoted. Is it material so far as the establishment of the ultimate facts is concerned, whetber Jane Elizabeth Baddin existed in fact or not? Is it material whether the threat was that | Jane Elizabeth Baddin would impute the dis- | | &race or that the defendant would, in default | of the payment demanded? 1 think not. Defendent’s counsel admit that if the non- | existence of Mrs. Baddin could be assumed, then the information would be sufficient. This | concession seems to be an entire surrender of the argument, because, as we have seen, if de- | fendant acted as the agent of Mrs. Baddin, she | s equally guilty with her. It appears, therefore, that the descriptive T is in full aceord with the allegations of | the uitimate facts of the information, not in conflict therewith, and of itself virtually con- stituting a repetition of the allegations of the ultimate facts. The grounds of demurrer do not call for special mention. The demurrer 1s overruied. GEORGE H. BANES, Judge. TRADE UNIONS 1N POLITICS Michael McGlynn’s Stand Criti- cized by American So- cialists. Lively Debate in Which Morrison I Swift Opposes Mec- Glynn. Michael McGlynn’s address to the American socialists on “Trades Unionism as a Solution of the Labor Problem” pre- cipitated a heated discussion last evening. The earlier portion of the evening was devoted to Miss G. Etchison’s review of William M. Salter’s work on *‘Government and Anarchy,” the lady taking the view | hat the work is favorable to socialist prin- ciples. resident of the McGlynn, who is Labor Council, enunciated the principles of trades-unionism in a brief address. In reply to a question from Morrison L Swift the speaker said he believed 2 movement on the part of trades unions to go into pol- | itics would result in legislative enactments | of a restrictive and repressive nature. | . L. B. Bertram of New South Wales took issue with the speaker. They had found, he said, that lrm‘e! unionism was ineffec- tive in that colony of Australia. Accord- ingly the unions were amalgamated in a labor party, to which both the free trade and protection parties had made conces- sions. George Speed said he had observed that when a trades unionist led or advocated “non-politics,” he ended with a position in the mint or the county jail. Here Dr. J. E. Scottinterjected a question as to whether all positions in the county jail were occupied by trades union leaders. | Amid the laughter that followed, Mr. Speed remarked that he had been ap- proached more than once by politicians | \ | minutes. SOME VERY TAME RACING, Racegoers Did Not Speculate Very Heavily on the Fields of “Dogs.” FORTUNA WON AT GOOD ODDS. Two Favorites First—Greyhurst Was No Match for Caspar in the Twe-Year-0ld Dash, To those fond of speculating on the un- certain, yesterday’s racing card at the Bay e e, District was cause for exultation. Two of the originally carded events—a mile and twenty yard handicap and a short six- furlong run for three-year-olds—had to be declared off for lack of entries, compelling | the management to ‘'split”’ the opening five-furlong dash thai had attracted the entry of about every ‘‘dog” stable on the track, as well as a division of the two-year- old sprint, numbering among its entries a number of untried quantities. Altogether | it was one of the poorest programmes race- | goers have had to grapple with of late. | The favorites had another hard day of it, Duchess and Caspar being the only ones to reward their backers of six sent to the post. Seventeen common seliing platers lined upin the opening scramble at five fur- longs. Duchess commanded first call in the betting with 13 to 5 about her in most of the books, and Huntsman with Piggott | up was the next most fancied. The favor- ite was in front most of the way, winning easily, and in a hard drive the second choice beat Lelia S out a nose for the place. f1The El Primeio stable’s Greyhurst | THE CALL” ‘wenty-sixth Day of the California Jockey T, RACING CHART. trict Track, San Francisco, Friday, February 21, 1896. Club. Weather Fine. Track Fast. Bay Dis- 728. FIRST RACE—Five furlongs; selling; three-year-olds and up; conditions; penalties: purse $300. lndu.‘ Horse, age, welgnt. | .| 3 5 3% | st 1 Fin. [ Jockeys. ‘og"““f:l‘ 650 |Duchess, 8........ 91 3| 14 | 13 K Jones _|52 705 Huntsman, 5.....106 4 614 | 2h Piggott -2 639 |Lelin %.a.........110/ & 2h’ | 315 |Hinrchs... | 8 621 |Huzel D, 3 . 89| 2 31 | 4n° C. Slaughter ‘ [ 621 | Peixott 104 6 43 | 515 |J. Chomn, |8 615 | Rapido, 4 104 9 6 62" |Snider 2 639 | Curren 106 11 | 7 71 . Martin. Playiul, 4 102/ 12 10 | 81 |Chevatier. .| 78 Cracknjack; a.....108 7 |8 | 81 |Anderson..0l|20 Landiord, 5 109 13 8 105 |C. Sloan. 15 allie Calvert, 4..108] 8 | 11 |11 Cochran.. i 8 15 | Japan, 99 10 12 (12 (H. Wison.lllls0 80 George 99 15 14 |13 |W.Flyma. ..l 8 10| Big Chief 104/ 14 13 |14 | Mackiin. Gl 12§ Moran, 3 91117 | 17 115 |Garner .| 10 10 | Valparaiso, 5....106 16 15 |16 |G. Wilson 30 Duk 6115/ 1 116 117 [Bozema 10 Gooa start. Won easily. b.f., by Ed Corrigan-Charlotte. At post minutes. Time, 1:01%. 799, SECOND RACE—Three and a half furlongs; two-yearolds; penalties; allowances; purse | ~J. gi00. | Index.| Horse, welght. }s;.‘i 1% 14 3% l str. | £in. | Joekeys. }D[{xemnz. (69%) Caspar 18| 1 | | 7= 710 Greyhurst.... 105 4 2 715 relwood.101 6 | 3 aen hirlwin ..107 1 4 BR7 | Ped Pant -.101 | 8 687 Seven Up. 108 7 | 614 = o y Hurst --107{ 6 | I 7156 |H. Martin . he Roman. 110 8 8 W. Flynn Good_ start. Won easily. Winner, Burns & Time. 4234, Waterhouse's b. c., by St. Andrew-Cuaine. Starting inside cou arse; selling; three-year-olds and upward: penal- Horse,age, welght. | 8t.| 14 | 15 % | s | Fin | Jockeys | Beuing = el === | | S| 647 Modes 123 3| 435 | 4 32 | sn 92 | B Decisi 110) 4 115 1 1h 2h 6 us| 1| 81° | 8n | 81 | 84 | & 85 108/ 9/ 93, | 93 | 910 | 52 | 4 30 18| 2 63 5 { 414, 42 5 40 15/ 8| 63 | 2 22° | 135 | 610 H. Grifin 92 2 08 10| 10 0" |10 92" | 73 |Hinrich: 50 | g S S f EA R v bl KL 7 2 8 6 | 647 | Moss Terry, 8....128] 6| 2| 61% | bh |10 9 391 (Olivia, 4. 18/ 5| 2n° | 315 | 62 | 6n | 0od start. Won driving. Winner, Woodlawn stable’s br. g., by Hyder All-Visalia, At post 12 Time, 1:33Va. ;‘.31‘ FOURTH RACE—Six furlongs; mares, fou ur-year-olds and upwards; allowances Index. | Morse, age, welght. |St. | 14 ¥ | % | st | Fin. | Jockeys. [op. arl 702 | Fortuna, 5 107} 5 5 42 | 42 | 11 |Piggott. 721 | Mode!, 4 04 4 41 | 21 | 1h 23 Cheval 689 Arnette, 4 104) 2 | 315 | 335 | 315 | 33 Cnorn 1388 | Silver State, 5....107| 1 | 2n 5 ‘ 57 | 44 aw 625 |An 4 104 1h Thi g i) Jone Good ptart. Won easly. Winoer, Enc ino stable’s br. m., by imp. (Starting gi used.) £y | 739, FIFTH RACE—Three and a half furlongs; two-year-olds; penalties: aliowances; purse $100. | Index.| Horse, weight. |8t| 14 % | % | s | Jockeys. | Betting, 7 Rienzi, .. 715" | Alma Dale 641 | Diabli; Jerilden; Clandia T “hevalie Winner, P. Mitchell's h D. J. Tobin. " *Coupled br. c., by Tyrant-Electricity, Starting-gate used. purse $300. SIXTIL RACE—Five furlongs; selling; three-year-olds and upward; conditions; penalties; who asked that he use his ‘influence to| Index.| Horse, age, weight. [St. | 14 18 str. | Fin. | Jockeys. \0:’""““ | keep the trades unions out of politics. 3 est) i T e - | William Mangon spoke of such leaders 539 | Geo. Dickenson,a.109| 2 |. 13 12 1h |Shaw. 51 | as belng untrue to their trusts, and Mrs. | Fona Hope, 4....105| 1| “f g: g‘; 7| Anna Smith said: “If what Mr. McGlynn e e ook 33 2%, | 1%, 19 has said represents trades unionism, the | Chinook, 4........102| 9 . 734 73 54 52 sooner we get rid of it the better.”” But | Little Frank, a.. 108 10 910 419 | 62 80 | he took a different view of it. It might | --- Boktlisek 108t 2l i Dednela o 301 be made a great educational system. 526 |Geo. Bonhert, 6106 11 | 10 10 3 i I want to see members of trades unions (26 Sophie D, 4 4 6h 82 | think of something more than the number Geronimo, 3 . 61 11 11 2 of hours they work and the wage they re- Nettie D, 13 23 ceive. I want to see the leaders rise above | the position of blind Jeading the blind into | aditch,” said Mrs, Smith. | Mrs. M. E. Squires protested against talk about educating people to a sense of justice. *‘How long will it take to educate @a Vanderbilt, a Huntington or a Pullman to that point?” she said. *“No. Itis like matching kings against men in a game of chess. Knock them over. That is what should be done. What is the ballot to- day but loaded dice in the power of a Shy- lock 2" Morrison J. Swift said: *‘When the matter is reviewed we can but conclude | at Mr. McGlynn has turned the situa- tion over to capiralists. The same motive rules both capitalists and trade unionists, and that motive is selfishness. Trade unijonists are to capitalists as 30 to 1. They hold the key to the situation. No politi- cal power in the field could weild the | power they did if they would but use it. I believe unions as a whole will follow the lead of a portion of those who have already gone into politics. Circumstances will compel them to do so or to break up alto- gether.” Dr. Scott asked Mr. McGlynn what the resolutions adopted by the recent council meant. The reply was that he understood them to be the utterancesof radical union- ists. Mr. Marble, the editor of the Altrurian, will address the American socialists next week. - Emerson and the Guides. The poet Emerson was never credited with being a handsome man, though peo- le who knew him saw in his face his gea.ukihxl character and forgot to discrimi- nate between him and his appearance. Years ago when the *‘Philosophers” were in camp at Follensbee pond, in the Adi- rondacks, Emerson was one of the party, and his devotion to hisstudies and “worth- less writin’ 7 seemed to several of the | guides a great waste of time, which might better have been spent in hunting and fishing. There was, however, a guide, Steve Mar- tin, who became perhaps the most noted that the Adirondacks ever produced, and who recognized in Emerson something of his real worth and upon whom the poet made a great impression. ‘“‘Steve,” as he was tamiliarly called, was an observing man, and the poet's physical defects, then undoubtedly more prominent than in Jater years, did not escape his eye, as may be seen by the answer he gave to the question of the writer of this para- graph: “What kind of a fellow was Emer- son?” ‘“Wal, sir,” said the old guide, ‘‘he was a gentlemen every inch—as nice a fel- low as you ever see; fle.unnt and kind— and a scholar, too; allus figgerin’, studyin’ and writin’; but, sir, he was, I believe, the all-firedest homliest critter for his age that ever came into these woods.”” — Troy Times. ————— Red was for centuries the color wi the great and wealthy of the earth. The ‘‘scarlet” mentioned by Jeremiah and Solomon still survives in the state robes of kings, cardinals and judges. It was uni- versally looked uron as an evil omen when Charles I was crowned in robes of white velvet. = el Jarrah wood piles, two feet long and two inches square, driven thirty-three years ago at the Largs Bay pier, were found on ound as the day orn_by "'620 | Loughmore 4. 00d start. “THE CALL’ To-day’s Entries at In races where the horses b distance are given. Abbreviations—F., fast; Fa., fair: H., heavy; m., RACING GUIDE. 10 record at the distance to be run the records at the next nearest | Bay District Track. , mile; £., furlong; *, about. FIRST RACE—Five furlongs: selling; light welter-welghts. | [ Best FEE i Index. “ Name. ILb! record.| Dist. ‘Llu Tk. | Owner. Pedigree. | 730 Salisbury II. 151 95 BurnsaW aterhouse Racine-imp. Flirt 661 Ensig Garritty. thleen Kinne 720 |Sen. Hoffman. T 726 |Meadow Lark 716 |Wilter J. 716 | Belle Stonewall i 694 tle i1, orso-Lady Leinster | (T3 Dickes 3 Dudley-Jack Minermare | 704 Governor Budd. 118 Woodlaw X : G | 721 |Imp. Endymion 119 4 Atkin & Lottridge.. | Sapientia 689 Minnie IL 117 & .| B. Schreiber. \Arelllfih_{l_l}ne " BECOND RACE—Seven and a half furlongs: selling: Inside course. [ | Best R |Lbs record.| Dist. |Lbs| Owner. Pedigree. | L1107 1:5534 1 I-16m Schreiber | Ip. Midlothian-HelnScratch 107 1:2975 71 107117 % 6 ¢ 921:0514 51 2| 93no | Monterey. .1102{1 |Seasia Imp. Cheviot-Lurline Ip. Mr. Pickwick-Henlopen tege nt-Misadie rate of Penzance-Jess Hidalgo-Glen Ellen Imp. Mariner-Marin Joe Hooker-Jessie R Bonnie Brown-Dispatch Capt Al-Gold Cup Joe Hooker-Rachael Coloma-Laura D I Argvie-Glenloch | . Brown. {Owens Bros. . |R. AL T ewis. ALH. Smal . 730 § < /ipTrate Wind-Mistletoe THIRD RACE—Four miles; Thornton s i | oeal Bert 1 Index.! Name. [Lbsrecora.| Dist. | Pedigree. 665 | Pepper g s m 107 F: | Hindoo-Francesca (706) Tmp. Star Ruby.. 11-16m 114 F. |G. Hampton-Ornament 689 Claudius. : 114 m 108 F...|Elmwood stock farm. Imp. Brutus Swayback 636 |Gilead. 1109/ 1. |Sycamore stable...... |St. Saviour-Mistake 707 | Arundel 1100/ F...|N. 5. Hal Duke of Norfolk-Elaine FOURTH KRAC steeplechase; || Best | | Tndex| Name. |Lbsrecordf Dist. [Lbs 1‘k.| | | 630 [Meater . . 21 S1ipm 128 F... F. Farra (718)|Argenta. 2014 103 m /140 K12 | L. Ezell - 718 |Cicero. 689, 2m (147 H..|S.C. Hildreth | Longtellow-Belle Knight 715 | Burmah 155 2:5144 | 114 m|181 F... W. 0’B. Macdonough Bersan-kair Lady 324 TOC.. 37/8:24 " x115 m 122 F...|G. Mo:herall. -| Apache-Irene z 724 |The Lark. 1129 #13m|13 Clifton. - | Wildidle-by Monday 707 | Arundel *1138 no rec . Hall . *|Duke Norfolk-Futurity 649 Harry Lewis.... 125 no rec. ~ Maddox - | Versailles-Cousin Kate 613 Adelante, 181 no rec’| Wm. Stewart. *|EI Rio Rey-Ogulena 668 |Gold Dust. 152(3:2034 | ¥115'm 1 - |Oro-Cold Cup FIFTH RACE—About six furlongs; handicap. T | Best E Index.| Name. |Lbs recora. Owner. Pedigree. (685) Bellicoso........(116|1;15 Pueblo stable. ...... Peel-imp. Janet N -|107/1:18 BurnseWaterhouse| Tyrant-Rosemary “losf.. . J. Kruse............ Imp. Darebin-Carrie C and a sixtee | Best Index. Name. |Lbs record. Owner. Pedigree. 733 | Little Cripple...| 1111 113, Weber. Imp. P, Penzance-Ly Stohpe 7:5 | Peter 11. 722 | Uncle Gilea. 1109 1 109 1 722 |E. H. Sherley ../ 1141 726 Mollie R........[104 1 719 |Imp. Fuliertn L1091 Elmwood .| Imp. Brutus-Bonnie Jean Nevada stable, - |1 Rio Rey-Het. Humphrey .| Bonme Brown-Dispatch {Imp. Mariner-Cantenac -|Fulierton-Castaway .|Shabbona SEVENTH RACE—Five furlong: : | Best Index. Lbs record. Owner. Pedigree. | .|128/1:013; 17| :49 128! %7 634 612 738 728 | 733 733 668 1383 1338 1021 Williams - Morehouse Eolian-by Patsy Duffy | Fay. | Bradford-Woodlodge | William Dixon...... Imp. Blackbird 11-Charity AL H. Enos | Iron'vood-Jennie Mack 13 A Greer. *| DukeNorfolk-by J Hooker 3. Walsh. ’| Apache-sindeline 3. Ml *|Kingston-Lady Golden G. Bair. Austin & Co. F. I. Maley. e .| Imp. Mariner-Zjn el ‘Torso-Lizzie P | 4to 5,with the gray going back from evens | stretch on nearly equal terms, when Cas- | thrown to his knees af the first turn and | ended up third. | backed down from 12 to 6, and Fortuna, | Rienzi. | Ferguson considerable trouble at the post. | mark. | son, lasted long enough to win by a nose | spurs. | the winner, and the judges decided that | obliged to work in the water, and that was | stood. opened a slight favorite for the first half of the two-year-old race with eight starters, | but gave way to Caspar, who closed at 103to2. Thetwo choices swung into the par began drawing away and won hands down in :423;. Lady Laureiwood was third, behind Greyhurst. The sevengfurlong run over the inside course saw another favorite bowled over. Billy McCloskey was bucked down from 13 t0 5 to twos just before past time, but was | unfortunate in getting jostled and almost ’ Modesto, & 4 to 1 shot, | won in a drive from Decision. Four were scratched in the six-furlong spin for mares, among the number being | Thelma and Wheel of Fortune. With but five to face the issue Arnette was made a 2 to 5 favorite. The coin did not go inon | her and she receded to 3to5. America, whose price was rubbed a couple of point were about the only ones supported. America showed a fine burst of speed dur- ing the early part of the running, but faded away in the stretch. Model showed first as the bend for home was rounded, but was passed and beaten outa length easily by Fortuna. The favorite finished | in third place. | There were nine starters in the second division of the two-voar-old three and a half furlong race. Alma Dale reigned an 8 to 5 favorite in the betting ring, but was beaten rather handily by the 5 to 1 chance, Diablita was a zood third. The thirteen ‘“crabs” that started in the last race, a five-furlong dash, gave Neither the 2 to 1 favorite, Harry O, nor the second choice, Chinook, got ‘a chalk The 6 to 1 chance, George Dickin- from Fond Hope. Track and Paddock Items. The Thornton stake at four miles will be the attraction at the Bay District to-day. Starter James F. Caldwell has secured the rights for the use of the Gray starting machine in the States of New York and ‘ | New Jersey. Starter C. H. Pettingill, who recently arrived in the City from New Orleans, was a_spectator at the track yvesterday, and viewed with much interest the working of the starting machine. A clause in the conditions of the two- year-old event prohibited the use of whip or spur. Chevalier, who rode Rienzi, wore James Neil, one of the owners of Alma Dale, who finished second, protested | the mare was entitled to the purse, but allowed the bets to stand. George E. Smith (Pittsburg Phil) has disposed of his two cracks, Wernberg and Sweet Faverdale, to Burns & Waterhouse. AN AWFUL EXPERIENCE. Trapped in the Fire-Box of a Tug With the Tug Leaking. Marine engineers have their share of startling experiences. George J. Little tells a story of being trapped in the fire- box of a boiler. In just such circum- stances the hair sometimes turns gray. | I can never forget it, if I live to be 100 | years old,” said Mr. Little. *‘It occurred | | onan old Buffalo tug named after C. M. Farrar. of the firm of Farrar & Trefts of this cit, The tug is gone where all good tugs go, but the memory of that few min- utes I spent trapped like a rat in her fire- hox comes back to me often, and I wonder if the man who was with me that afternoon | remembers it as vividly as I do. “Iv was in the fall of the year, along in December, I think. We were laying up for the winter. We bad been breaking ice | all the week previous, and the old tug was | leaking badly, so badly, in fact, that we had been obliged to pump her out with a | un pump twice that afternoon. it was | cold and we wanted to get through with | our job while it was light, so we spentvery | little time on her pump, and at no time did we pump her dry. We kept the water off the tire-hole floor so “we would not be about all. We intended to pump her thoroughly after we had finished our other work. There were two jobs we could do after dark. One was thé pumping and the other was oiling the inside of the firehox. “ *“When a tug is laid up for the winter, | you know, the boiler and every brighit part of the engine is painted over with oil to prevent it from rusting. The inside of the firebox is one of the particular places, and the owner of the tug had cantioned us not to slight it. That was one of the reasons we had to put it off till the last thing. Be- sides we had to use a torch, so it made no difference if it was dark outside. | “‘It is necessary that you understand the | construction of the boiler to have a clear | | idez of the situation. The boiler was an ordinary marine boiler, such as we used ten years ago. It had water legs and a water bottom, with a damper opening about five inches wide extending across the front of the boiler. The furnace door | was such as you will see on any tug in Buffalo to-day. It wasabout two feet one way and eighteen inches the other. The | opening which it covered was a trifle smaller, but wes plenty large enough to allow a man to crawl through it. The door | fastened by a heavy latch on the outside, which dropped into place whenever the door was shut. Inside the firebox there was plenty of room for two men to sit or | kneel and work. The grates were re- | moved and there was the room from the ash-pan, which was the water-bottom, to the crown sheet. Of course, it was not an inviting place, nor large enough for a clubroom, but there was room for the two of us to work, and, as two can do more work than one, we crawled in, one after the other. The one nearest the door—I forget now whether it was my companion or ~ myself—reached out the door and handed in the oil, brushes and the torch. We put the torch in the opening of the flue back of the firebox and started to work. The draught through the door into the flue was so strong that it threatened to blow the light out, so my companion said to me, ‘Shut the door.’ “Without thinking, I reached out and pulled the door shut.” In an instant I real ized the situation. I turned to look at my companion, and saw that he, too, under- We ‘were in the furnace of the boiler, with the only exit locked. We had both heard the heavy latch of the door drop into place. The'tug that we were on was leaking so badly that she would sink in a few hours unless some assistance came. Even then we could see the water slowly crawling over the fire-hole floor. If we called, it would dv no good. We could hardly be heard on deck, and there was no one.with- in half a mile of us. The damper-hole was not large enough to allow a boy to pass through it, say nothing of a man. All these thoughts ran through our minds in a second. We were perfectly familiar with the situation and knew our chances were slim. I will never forget that scene. Be- fore me sat my companion, in a half- crouched position, his face thrown into bold relief by the blackness of the iron be- hind him. The flickering light of the torck gave the face, with the firm-set jaw, | an awful expression. I remember, as I looked 1nto the face that looked into mine with brave eves, the thought came to me: ‘Will I meetit as bravely as he?’ “‘The man with me was the son of the owner of the boat and my cousin. He was game to the fullest meaning of the word, and I knew it. We looked at each other for at least a minute. It seemed a cenrury. 1 was waiting for him to speak, and he for me. Icould not. The situation was hope- less. I saw his eyes travel to the door, then to the damper, and then to the flue in which the torch flickered feebly. Then his eves again sought miue as‘he asked in a low, distinct voice: ‘Did the door latch?’ ““I put my hand against it and pushed. It did not give. I nodded my head. I could noc speak. He half-lifted himself and kicked the door with his foot and it swung open. The draught -ef air put the light out and in that moment of darkness I thanked God. **To this day I cannot understand how that latch lifted. or, if it did drop, why?” —Buffalo Expres: | | | Glory has so far not had the appropriate Lul everything tends to lopgevity, _ w(L0 GLORYS" PLACE Raising the American Banner Above the German Hospital. LETTERS REGARDING THE CASE. A Query From the Assistant Adju. tant-General, G. A. R., and the Answer. The following communications are self- explanatory: N FRANCISCO, February 2 of the German Benevolent' Socicty— GENTLEMEN: The statement has been made that the American flaz has never been raised above the German Hospital on National holi- days or if it has it has been drawn up 1n some obscure place =o it could not be seen very well. Not believing such statement without having communicated with you I take this means to most respectfully ask you that in case Old osi- tion you will let the American banner fly [ ourbuildings next Saturday in such @ posi- tion that everybody can see it. All right- minded citizens acknowledge the fact that no part of our people are more loyal and have greater love for_this country and its flag than the citizens of German birth or their descend- ants, and that nobody is more willing always and at all places to honor that banuer. Versy respectfully, T. C. MASTEL Assistant Adjutant-General, ( SAN FRANCISCO, Cal., Feb. 21, 1896. T. C. Maste Room 18, St. Aun’s Build- r: 1 am directed 1o answer your letter of the 18th inst. addressed to the German General Benevolent Society, and pro- ceed to do so by first asking you if you did not commit a breach of comradeship and courtesy in not first addressing me, knowing as you do that the superintendent of the institution you complain of in your capacity of assistant ade jutant-generel, G. A. R., is himself & member of the order. Proceeding now to the matter at issue, per- mit me to explain that the flag adopted by the German General Benevolent Society for its hos- pital to distinguish it from other hospitals and 10 be in harmony with the name ot the City is the German flag. The flag, surmounted by streamer, is hoisted in honor of holiday and on Sundays, and for the ears the flag of defunct George 159, Department of California, G. was presented to me by vote of the fost displayed from a prominent point over the main entrance, and we shall continue to thus honor and observe every National holiday. We thercfore emphatically repudiate the insinuation that ie American flag never flies over the German Hospital on National holidays, or that if flown at all it is stuck away in’an obscure position.” The German- American citizens, of whom this society is mainly composed, yield to no other class of citizens, native or adopted, in their love and e ing, City—DEAF American ational three the veneration for the stars and stripes. Many of them have fought to preserve and proteet that flag, and all are ready and eager to do so, should occasion arise. We owe allegiance 10 one country and one flag. That country is the land of our adoption and that flag is “Ola Glory.” W go even further. We have such profound admiration for the glory and power of tiat flag that we deprecate anything like spread- eagleism in connection with it, and believe that if the flag could speak for itself it would say to itscitizens: ““My children, native and adopted, carry what flag you please as a matter of amusement or for the sake of that variety which is the spice of life. [ know that_you ail love me and will shed your blood to defénd me should occasion arlse. Assuredly we still cherish in our hearts the land that gave us birth, but it is not the sight of its flag that makes our bosoms heave, our eyes kindle and our pulses quicken: it takes the stars and stripes 10 do that. These sentiments, I am_ authorized to say, the German Benevolent Society of San Fran- | eisco will continue to foster, and it hopes that no American patriot will to find fault fully, ever have just reason with its doings. Very respect- THEO. V. BROWN, Superintendent Germer: Hospital. Fifteen men and twenty-three women died in Britain during 1895 aged over 100 years. _— JOY'S VEGETABLE SARSAPARILLA ¢ will bring to your cheek the pink of health, the roses of life. It cleanses the blood. JOVS 0Y’S VEGETABLE SARSAPARILLA takes away the surplus bile and leaves the liver in perfect order. Itisa trueliver regulator. JOY‘S VEGETABLE SARSAPARILLA acts on the bowels gently. There are no griping pains, no nauseating feelings. ‘Women who wish to be regular should use Joy's Vegetable Sarsaparilla. It is a bowel regulator. ATARRH FOLLOWS IN THE WAKE of a cold in thehead. When you suffer from catarrh put your system in zood condition, and this you can do with Joy’s Vegetable Sarsaparilla. JOV3 ~ 0Y'S VEGETABLE SARSAPARILLA can be used by old or young. Take it moderately. Remember that moderatjon, =l