The San Francisco Call. Newspaper, March 1, 1896, Page 19

THE SAN FRANCISCO CALL, SUNDAY, MARCH 1, 1896 19 ADVENTURES OF A IT:-IS LOCATED IN A JAPANESE TOWN AT LAST. N two very prominent instances, here in the land of the west, a watch fac- tory has proven a dismal and com- | plete failure as a speculation for | ¥ town-booming purposes. It was sub- stantially one and the same watch® fac- tory, but it had a wandering career of misfortune while its chief advocate was coaxing stock subscriptions out of townsite companies in order to float an enterprise in which be demonstrated his abiding faith by backing it (on terms of his own dictation) with his experiences as a builder of time-pieces. Perhaps there was never in the world, outside of California, a watch factory which, after being- built at vast expense, provided with costly high-grade ma- chinery, and manned by a big corps of skilled operatives, started out to make watches for the million and shut down forever before one of its watches had reached the market. i days of the boom and of free- pital in Southern California the actory agent usinered in his mag- niticent scheme. He succeeded in getting into the nowspapers, and the result was the creation of a sort of a demand for the tch factory, Money was plentiful, people confiding, speculation the general ler,-and the watcn-factory idea was ken up as a pretty good method of whooping up the sale of lots in a new localit in _the flowin w the y peered very deeply into x possibilities of the factory. body figured on the doubtful re competition with the old-establi: tories of the East, with the stored-up capital, and all standing ready to outbid in the open market a new-born enterprise that challenged them to a tilt for trad The boom was at its height in San Die along in the year 1388, when P. H. Wheel- er,an expert watchmaker from the Elgin (Ilois) factory, appeared and unfolded The Osaka Watch Company’s Building | the world knew nothingof thatand the | sold. | of reckless neglect. WATCH FACTORY. bulk of the company’s stock remained un- Financiers wou!d advance no more money; laborers struck for their wages; . A. Kimball, the San Diego capitalist, foreclosed a mortgage on the company’s works and ihen leyied on the watches and watch-movements, and the Otay company was completely tied up and absolutely belpless. Mr. Wheeler is what the busv world Is arustler. He didn’t linger about the ck tomb of his Otay hopes and ‘‘weep his sad bosom empty.” He gathered him- <elf together, oiled his wits anew, and pro- ceeded to a fresh field. 3 In 1889, San Jose was endeavoring to work up enthusiasm in the real estate market, and a number of speculators of the Garden City were employing brass bands to attract attention to New Chicago, which was to wrest from Alviso her supremacy as a mart of commerce. Here was Mr. Wheeler's opportunity agaln. “Gentlemen,” he may have said, “the to build New Chicago and sell off the | a in town lots is to start itasa man- | ufacturing place, where Jabor will be sup- | ported by solid industries. You can’t be- | gin better than by putting up a wateh | A watch factory at New Chicago | 1 advertise the site all over the land and a ivertise it in a substan- tial way, and it will attract other indus- tries, which, in turn, will bring in more people, till the fame of Milpitas shall be overshadowed by the glory of the young glant that shall be known to future generations as the offspring of the business genius of San Jose.” Mant good citizens of the Garden City rushed to embrace the fair scheme of the | clever maker of time s. Wheeler's | picture of the outlook was so glowing as to | make any opposition ashamed that it ever had the nerve to exist. He showed how the valuable watch-movements at Otay could be purchased for a song—incredibly | beap; and how the machinery, practically could be obtained at a 'way-down, | nd figure. Did the San Joseans jump at the chance? | That is'the supposition. They organized ihe' BanJose Watoh Company, and se- cured the services of Attorney John E. Richards to unravel the legal entangle- | ments of the Otay factory and negotiate | for the plant. The barrister went to San | 2o and brought harmony out of chaos in so far as the plant was concerned. He found grass growing in the streets of Otay ; the cottages deserted; the factory showing the dust and rust of disuse, with tools, jewels and sprinzs lying around in a state | In a week the attor- ney had matters straightened out to such a degree that he was able to ship all the | large an amount of the raw material; but at Osaka, Japan—Japanese at Work. (From a photograph made at Osaka.] erzetic citizens. an Diego c a watch factory was the very tical thing they had all along needed e permanency to their prosperity, B to be a further allurement for lot | vestments.. It was conciuded Wheeler a great head; that anoutlying town | ould be made a manufacturing center, with the watch factory as a starter; that the Jand around the town should be bought by the acre and retailed in lots, and that there was no question as o the certainty of the realization of ‘“a big thing Otay, at the southern extremity of San Diego Bay, was selected as a favorable site. The Otay Watch Company was formed, and Wheeler was sent East with carte blanche to purchase the required machinery. He bought the very best and shipped it to San Diego. Now the com- at Otay. The Watch Was Completed. at San Jose. pany borrowed money on its lands, and | torrowed more on its improvements. It | Luilta three-story brick structure for the | factory and a number of cottages for| Jaborers. The company’s credit was num- | ber one, and the company wasn’t back- ward about using its credit. ’ At length the watch factory was finished ; the plant was in place; every department bad’ its. complement of workmen and operations were in full progress—when the boom burst, the tide of immigration was turned another way and the credit system fell with a crash. The financiers who had loaned funds to the factory -project were themselves now pressed for money, and of course} they pushed the watch company. The | company, with all its reputation to make, had no sooner got ready to introduce its wares on an uncertain market than the death of the boom puta quietus on the Otay factory. Experts have declared that the watch- myrements were of superior quality, but | serve | to-day. materials for watches and watch-making to San Jose, leaving the San Diegans to settle amonyg themselves the dispute over | the lands appertaining to the Otay Water | Compa Mr. Kimball’s interest in the Otay plant was protected by a morteage on the New Chicago factor: Then Mr. Wheeler gath- ered his scattered forces again, and the company was assured that the factory was | fully equipped and ready to begin making | money. After the first week of operations at the | new factory, the members of the compa got down to serious figuring. They dis- | covered that the waiches being made could never be sold for an amount equal to the | Mr. Wheeler couldn’t remedy As a result, the San Jose Watch pany at New Chicago had turned out very few watches, and bad put very few movements together when the | members of the company quit advancing junds. Mr. Kimball took the factory and | New Chicazo lots, equal in area to a small farm, and Mr. Wheeler sailed for Japan. | He interested some wealthy Europeans | and Japanese in his enterprise; returned, | bought the Otsv and New Chicago mate- rials and machinery, and shipped it to Osaka in the land of the Mikado. { One of the very few watches that now relics of the vain efforts to create booms in real estate by building watch | factories on speculative townsites at Otay | and New Chicago Attorney Richards | carries about with him in his vest pocket. | If the land schemes which resulted in- | directly in the manufacture of that little | watch had proved as successful as that | timepiece everybody who may regret the fact that he was interested in the original California watch factory might be in clover As it is, the outcome of those meteoric schemes, as far as they relate to | this State, is enough to have stamped a | look of pain on the face of the California- made watch. And how about the Sapanese watch fac- | tory which uses the machinery that once | formed quite a basis of hope fora New | Chicago? | The transplanted factory is operated by | the Osaka Watch Company. The directors | are Japanese, and P. H. Wheeler turns | right side up with care as general superin tendent. The company is making watches, 60 clocks and 25 watchcases per | day, and is the only factory in the world, moreover, that makes watches, watch- cases and clocks complete under ‘one roof. | Mr. Wheeler claims that Americans | have nothing to fear from Japanese com. petition in this industry, On the othe: hand, it is said, the departure will stimu: | late the demaund for American watches, | the Osaka watch being on the American | pan, The lowest-priced watch made at Osaka is sold for 14 yen (silver dollars), and ac- cording to Mr. Wheeler the company is “not making very much at that price.”’ The newspaper report that the Japanese were making watches for 50 cents apiece is scorned as an absurdity. Mr. Wheeler declares that “the cost is nearer $5.” It cost nearer three times the latter figure to make watches at New Chicago. The Osaka factory is said to be a success." The Japanese pick up tue trade rapidly. Theirewages average about eighteen silver cents a day. The American experts em- vloy Japanese cooks and servants, and all it costs them each per month is §15in silver or $7 50 in gold. P. H. Wheeler travels about the interior of Japan 1n a rickshaw drawn by Japanese coolies. He is a bigger man at Osaka then ever he could have been at Otay or New Chicago. Yet it is to be hoped that providence and protection will defend this land against the day when industry of any kind shall depend for its si ss on 18-cent labor, or when' labor in this good land shali be forced to work for even several times 18 cents a day. | | Two_thousand varieties of apples are raised in the United States. | gencies of the occasion demanded, he met | thoroughly and well as to leave nothing | the verities, he could have made Munchau- | | count of its unusual environment. | was little given to such experiments for | him all truth lay at the bottom of the w \ e N the village of White Oaks, in one of the great Pacific States, lived and practiced two members of the legal fraternity, through courtesy generally classed as lawyers, and known re spectively as Jerry Fellows and Barney Kraiken. Had either of them resided elsewhere the other would easily have taken rank as the greatest liar in the vil- lage; but as between the two the question of precedence and superiority in the art of fabrication remained one not readily deter- mined. The differences between them in the particulars noted were more those of method and practical detail than of re- sult. Whatever the modus operandi of avoiding mere vulgar fact, and of giving the fullest expression to “the thing that is not,” none ever doubted that either of them possessed great ability in that direc- tion. Fellows, it may be said, was not especially pifted with the qualities which | make a plausible and convincing ro- mancer; but he was industrious, pains- taking and persistent. What his creations lacked in quality he made up for in quantity; and the fact that his narrations were sometimes crude and clumsy in a large degree, lacking not only cousistency, but quite often other necessary elements of probability, de- | tracted nothing from his fame exceptso | far as it prevented his being generally | recognized as an artist in his profession. As will be seen, however, when the exi- every requirement of a practical nature so further to be desired, except, perhaps, for- getfulness of his reputation for veracity. Kraiken's talent was of a_much higher order. s industrious than his competitor, he was unable to turn_out so the exquisite linish on one of his produc- | tions made it worth, to the lover of the artistic in mendacity, at least a dozen of | the ordinary ‘misfits” of his rival. Nor| did this finish imparir the force or strength | of his inventions. In the matter of pictur- esque criginality and lofty disregard of sen, had they been contemporaries, re- double his efforts or lose bis laurels. In- deed, in his mouth, as in that of Fellows, truth wou!d bave been much stranger than fiction, though ma:inly, perhaps, on ac- But be the sake of comparison or otherwise. and that fact and the consequent dif cuity of reaching it may have jurnished him some reason for preferring to use the substitute therefor which bis intellect | seemed spontaneously to generate, So, between the two “‘professionals,” at | the time our story opens, honors were about even, some contending that Feliows | was unequaled in oral fiction, others that Kraiken only was worthy to conmipare or rank with himself; but, in general, each individual espoused the claims of which- | ever one he had last heard detailing the marvelous or incredible. | 1L The magistrate who “dispensed with jus- B e village was the soul of surly honesty and possessed much common- sense. The Gordian knots of law and fact that were brought to him for disentangle- ment he often cutin a way that justifies | our estimate of Lis judgment, albeit he set | | collect bills for milk; and that’ll was himself known to his Honor to be aggressively dishonest. If such a litigant d1d not get the worst of it, it was_because his case was so clearly a meritorious one that his unclean practices and agencies and his bad character combined could not be considered a full offset thereto. Fellows and Kraiken were the only at- torneys in_ White Oaks and were often be- fore the Justice as opposing counsel 1 some trivial matter. Their professional attainments, as already described, were well known to him, of course, and he so heartily despised them both that he made but little effort to conceal his dislike. After a time it began to be noted by shrewd observers that whoever appeared | before Judge Grawier with either Kraiken or Fellows as his attorney was in danger | of losing his case, unless the opposite side was represented by the other. Indeed, the Justice had nearly admitted as much. “I always like,”” said he, “to have both them durned !w:(iioggers in a case or nary one. One uv ’em is sich a good offset to the other that my prejudices don’t have any chance to interfere when they’re both there and on different sides.” 10 Bilberry, the dairyman, by his attorney, Kraiken, commenced an action before his Honor against old Jack Tappan to obtain judgment for milk (described in the com- plaint as “goods, wares and merchandise, | to wit, milk”), which was alleged to have | heen theretofore “‘by plaintiff sold and de- | livered to said deiéndant, at his (said de- foendant’s) special instance and re- que and for which the said de-| fendant promised, undertook and agreed to pay the said plaintiff the full sum of forty-six dollars (§46) gold coin of the | United States therefor whenever thereto requested by said plaintiff.” The com- plaint also contained the usual allegation | of demand of payment and refusal to pay, and averred :‘that the said sum has not been paid, nor any part thereof, but the whole and every part and parcel thereof, towit, the full and undiminishe. sum of | i s, is now due, owing and un- paid from said defendant to the sad | plaintiff, as hereinbefore alleged, set forth | and stated’’; and concluded with a prayer for judgment against defendant *‘for fori six Coliars and for plaintiff's costs of suit in that bebalf, by plaintiff paid, laid out ! and expended; and for such other and further relief a8 to plaintiff in equity and good conscience may appertain and beiong.” Tappan was a thoroughly unscrupulous and :iierepumble old rogue, who never willingly paid a debt, so he carried hi 1se to Fellows. That worthy at once be- gan a defense. “‘Can’t you prove that you paid him?”" he asked. Tappan didn’t know — he “mought.” “Billy Benson drove the milk-w n all that t.me, an’ now he’s gone back to ’Stralia.” | *Can’t you prove that you pai¢ him?” cunningly suggested Jir. Fellows. | Tappan started. His face brightened. | “By jux! that’s jist what I did,” he said, with alaerity. *“I paid Billy an’ tuck his receipt fur it, jist before he went away, an’ I lost that receipt with a passel uv other sers jist a few days ago.” Weil, you can swear you paid him, and sn’t here to dispute it. Everybody knows that Bilberry allowed Benson to knock him clear out. He can’t beat that,” said the honest lawyer. So the answer of the defendant was duly filed in conrt, alleging payment of all but judgment for that in the sum of $2 and for costs to the date of filing the answer. HIS HONOR READS HIS DECISION. legal form and precedent at naught. A grim sort of humor, too, was sometimes manifest in' his rulings, and more than one litigant, seeking judgment for his pound of flesh, had departed from Judge Grawler’s court a wiser and madder if not a better man, and, somehow, painfully impressed with the idea that, if their re- spective positions were reversed, he would have a joke of the first magnitude on the opposing party to the suit. orollary to the Jud%e’s love of justice ‘was his utter hatred of all that savored of wrong. And he was thoroughly con- sistent—perhaps too much so—in that he hated the wrongdoer as savagely as the wrong itself, and held himself the natural enemy of every willful violator of the law, moral or civil, whatever his voca- tion or degree. By reason of this radical bias Le sometimes became an advocate where he should have been only a judge; naturally inclining to defend what he believed to beright, and to thwart ana discomfit its every assailant. Espe- cially did he dislike, and delight in oppos- ing, that class of attorneys who seemingly believe that legal ability consists in cap- tious quibbling, the suppression or per- version of all damaging facts and the misrepresentation of testimony. Woe to the npettifogger who at- tempted an outrage upon justice in the court where Judge Grawler presided! And woe to the client, also, unless his cause strongly appealed to the worthy magis- trate’s sense of right! If ever justice hfiad in securing full recognition of her demands in that forum it was in rome case where the demand was made in bekalf of one represented by such an attorney or who| At the trial the plaintiff testified that he had furnished milk to the aefendant for twenty-three months at $2 per month and that the defendant had never paid any- thing on the account. Fellows fidgeted nervously and sucked an unhghted cigar during thedirect exam- ination, and, curiously enough, he made but few objections to the questions asked, or to the testimony elicited. He gan the cross-examination in a se- ductively sinuating manner and with = nasal whine. It soon tran- spired that Mr. Bilberry knew no fact in the case of his own knowledge, except that Tappan was charged on plain- tiff’s books for milk and had ignored sev- eral bills recently presented to him with request of payment. All these he (Bil- berry) had learned from Billy Benson. ‘When asked whether he knew, asa fact, that Tappan had not paid Benson, Bilberry replied: “No, I can’t swear that he dido’t, but Benson told me——." Here, on vigor- ous objection from Fellows, the proposed statements of Benson were excluded as hearsay. Next, on motion, all the testi- mony of Bilberry, being based on state- ments of Benson, was exciuded for like reason. Here the dairyman’s case seemed to end. He had admitted that he never spoke personally to Tapvan about the milk, buv had left it to Benson, his driver; and Benson’s statements were not in evidence. But Mr. Krajken was equal to the emer- gency. He said the defendant had in his answer admitted that he bad received the milk and could not now deny it. On the question of }iuyment_he (Kraiken) would be sworn, He accordingly took the stand and testified that after theaction had been' commenced_he had talked with the de- fendant anent the matter; that Tappan admitted he owed the bill and said he would have paid it “If Bilberry hadn’t been so durned quick a suin’ of him”’; and that this conversation took place nearly a month after Billy Benson left for Aus- tralia. : 2 Kraiken appeared so well pleased with the shape his own testimony gave to the case that he proceeded to enlarge upon the | admissions of the defendant, the time, place and attendant circumstances until | he left the matter (assuming his state- ments to be true} without a *“loop or hinge on which to hang a doubt.” Fellows cross-examined him at some length, but Kraiken adhered to his orig- inal statement, and kept multiplying | | “facts”’ to the detriment of the deiendant at such a rate that his opponent was glad 10 stop. Plantiff rested his case. Tappan, being sworn, testified that he | paid Benson forall the milk except that | used during the last month. He said he had never talked with Kraiken on the sub- jectand therefore denied having made the | statement_concerning which Kraiken had | just testified. The taking of the receipt from Benson and its subsequent loss were detailed with great particularity. A te- | dious cross-examination by Kraiken left his story and denials iniact. And now Mr. Fellows asked to be sworn. | He much regretted, he said, that it was | | necessary, but the conduct of counsel for | plaintiff had rendered it so. He (Mr. | Fellows) would not see justice outraged and an honest man defrauded in such manner and compelled to pay a bill twice | when he could prevent it. In the name of | justice, in the sacred name of truth, he de- sired — “If vou want to testify be sworn,” said his Honor, grufily. 1 | Fellows stopped his high - voiced harangue and took the witness-box. He said: *‘Just before Billy Benson left | for Australia he told me that he bad collected $44 from Mr. Tappan for milk, and I've seen since that time a re- ceipt for that amount in the defendant’s possession. I'm perfectly familiar with Benson’s bandwriting, and I kuow that he wrote that receipt, and no one else did. And Mr. Kraiken told me long after the time he claims to have talked with the defendant about the bill that he had never spoken to him about the matter at all; but he believed that when it came to the scratch he would | pay it, notwithstanding the denial in the | answer.” While Fellows was on the stand he looked defiantly at Kraiken, who returned the stare with interest. The latter, with a sneer, declined to cross-examine, but promptly took the stand and in rebuttal warmly denied huving had any such con- tion with Fellows; and thereat the champions of right and justice waxed warm in dispute, made against each otber i direct accusations of unprofessional con- | duct, and oblique references to perjury, until the rasping voice of the magistrate | warned them to desist. | Ii either of the advocates felt any em- barrassment. at the thought of arguing the cause he was soon reiieved. Judge Grawler bluntly announced tbat he did not want to hear any argument as both attorneys had been witnesses, .and that he would render his decision at 10 o’clock the next morning. v, At the appointed hour the courtroom was thronged with a gzood-natured crowd of White Oakers, eagerly curious to know what the honest old Justice would do with the problem. Both attorneys were pres- ent. Judge Grawler seated himself with more than his usual dignity. His frown was truly magisterial, and the air of reso- lute purpose manifest 1n his compressed lips was regarded by those who knew him well as a presage of ill to some ‘one, that being his usnal judicial “form’ when sen- tencing some luckless offender to ‘‘the tanks.” - With eyes fixed upon his desk he began in cold, even tones and with studied delib- eration: “The court is now ready to give jedgment in this case. I’'ve studied over the matter considerable, an’ this is the way I figger it out: Mr. Bilberry don’t count as a witness because he can’t swear tnat the defendant didn’t pay Billy Ben- soun. That jist leaves Mr. Bilberry out uv the case altogether.” Here Tappen grinned in anticipartion, and_Fellows cast a_ malicious glance at Kraiken. The Justice proceeded: “Kraiken swears that he talked with Tappan after Benson had gone, an’ Tappan admiited he owed the bill, an’ said he would a paid it if Bilberry hadn’t been so quick to sue’im. But the defend- ant swears he paid Benson for all but the last month, an’ got a receipt which he has sense lost; an’ that he never talked with Kraiken about the business at all. Aw’ Fellows corroborates 'im in most | pnrtic’lers. He says Benson told im that he'd collected the money from Tappan; an’ he also swears that he saw the receipt in Benson’s handwriting; an’ that just before the trial Kraiken told 'im he never talked with Tappan about it. Kraiken denies this and says he never spoke to Fellows concerning the case out- side the courtroom, an’ that's the whole evidence before the court. “There wuz more evidence fur the de- fense than fur the plaintiff; an’ leavin’ Mr. Bilberry out—as we must—there wuz only one witness fur the plaintiff an’ two fur the defense, with the burden uv proof on the vlamntiff.” (Fellows again smiles at Kraiken and winks at the crowd out- side the railing.) “But (a long pause) “from circumstances uv the case, good deal uy that testimony must I8 been perjery; an’ consider (another pause)-that when. it comes to that kind uv work two good live an’ interested witnesses 'Il do more uv it than one. no matter how willin’ an’ interested he may be. Therefore I give the plaintiff jedgment fur forty-six dollars an’ costs uv suit, affixed at six dollars an’ fiftv cents. Court’s adjourned.” Amid the laughter and gibes of the crowd, the attorneys seized their hats and hurried away. Tappan also disappeared. The assemblage slowly dispersed in small groups, the merriment of all increasing as the grounds of the decision were consid- ered and discussed. For days it was the chief topic of conversation in_the village, and though Judge Grawler’s process of reasoning was deemed peculiar, none seemed to doubt the correctness of his conclusions. The attorneys themselves ap- peared anxious to forget the incident— Kraiken no less so than Fellows. Both refuseq to be interviewed on the subject, though they were exceedingly free to express their respective opinions concern- ing the learned occupant of the woolsack, which opinions must be omitted here for several reasons, but chiefly because they belong to that class of matter the publication of which is probibited by statute. No appeal was taken, and Tappan soon after paid the amount of judzment and costs, in full, and thus, in effect, affirmed the justice of the de- cision. GRANVILLE P. Hugst. 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