The San Francisco Call. Newspaper, March 9, 1896, Page 11

f THE SAN FRANCISCO CALL, MONDAY, MARCH 9, 1896 11 ATURLOCK TRAMP'S TALE| A Constable’s Investment That Produced a Speedy Re- turn. ALEX ROSEQOROUGH'S QUANDARY Methods of Gold-Brick Men That Suc. ceeded in Swindling the Very Elect, OAxLAND OFFICE SAN FraNcisco Cavy,) 908 Broadway, March 8. | e tramps who are now in the Hay- Jail tell a little story that, if true, should ke an interesting field of inquiry for a Grand Jury. According to their nar- rative the Constable and Justice of the Teace only need to work about two daysa month to insure a reasonable income. The men under arrest are Joe Green, Tom liordan and Will Macey. Green tells the ‘“There were a gang of eighteen of us,” he said, “and in the course of our travels we struck Turlock. Just outside the town we met an obliging fellow, to whom we told our chronic tale. We were outof work and were looking for something to eat and possibly todrink. We forgot to ntion the fact that we were looking for k, and that little omission seemed par- v pleasing to our friend. He gave et one good meal, and as we arched into the town he told us we were s pr rs and that he wasthe town o We lodged that night at the experse of the county and next morning were taken before a Justice of the ace. : We all admitted we were tramps in the sense of the term, and so we were nd guilty and ordered to leave town at on We “were.so well pleased with cur constable friend that we again accepted Lis hospitali far more gener? s the seco g us the money own meals. did not spend it for meals, but some of crowd got drunk, and next night we sll under cover again. The same a second time zain we were or- ed up. Some but a few of us tarried, and me the guests of the consta- nd we 1 ed - that the con- the ce divided fees ng to §162. They were jolly offi- hough, and we have placed Tur- our itinerary when we again go ! glving wherewith to purchase our We x Rosborough, ex-Tax Collector of harfinger of San Ffancisco, ys the reputation of heving into office, is in a quandary, | polished minstrel and without of the most natural clowns in rnia. Since he was a high-school he has been in demand. He has awn the lme at nothing, whenever his sought; it was enough at his talentscould heip vement and his acceptance Throughout the whole been, and is now more | 1, in demand, and be has so often | d that each appearance was to beinost | vely the last as an amateur, that he d his character for veracity in his oy e of service. Now he is sorely % He says thatif be deciares him- a_professional and expects his | is patrons will think i z, one of his old jokes. i to present a bill he e that all he would hear B be a hearty laugh and the w nown ‘“encore.” “The matter is really becoming serious,” said Alex a c e of daysago. “I the San Le- o fol at Christmas that it was my t appearance on the amateur stage. en 1 told the same thing at Livermore a few weeks later, a day or two ago I re- peated the story in Alameda and still L am asked to go somewhere els: You see Iam a very serious predicament. 1f I should ever go before the voters of Alameda county they will tell me that I do not keep my promises. That would be equivalent in a measure to singing myself out of office, wouldn’t it? However, aon't let these ideas of mine get into print. I have not made up my mind in the mattecas vet and should people know I was hesitat- ing. several who are now planning to ask me would perhaps be deterred. That would be breaking a precedentand Iam a stickler for precedent. Good by.” It might have been thought, after 11 that has been published during the past years about “‘gold brick” swindles, that man of ordinary intelligence could be -ht by such gauzy schemes at this late The developments in the police ing the past week prove that this case. A close acquaintance with 1 and their methods shows how sroughly they have learned the act of ting confideace, after which the le followed as a most natural and le- action. One of the leading t of the men was their indif- erence to time. They were never in a rry. Their victims could take away nuggets and bring them back when vy had tested them. They could visit ne buried treasure at any convenient me, and by such methods the victim was Jea o believe in the genuineness of the scheme., The ‘“quick presto” movement that is usually used by frauds would have created suspicion at once, but these men worked from the opposite standpoint. They bad a good thing and time was a minor elément. And the feature of their system was their coolness. Arrest did not trouble them, and when under cross-ex- smination one'of them said to an attorney in a baughty, languid manner, “Aré you aware that you make me sick?” Their in- iifference to judicial procedure is remark- able, and when they were held 1o answer Ward beckoned to Farmer Hofstra, who had been victimized to the extent of $10,- 000, and calmly asked, *‘Could [ induce vou, sir, to go on my bail?” These facts needed to show enough of the nature he men to give an indication of the scheme that they are capable of formulat- That they were far more successful &n is generally known is proved by the ct that more victims are being heard m at intervals, whose sole anxiety is to vent their names from gettinf into nt. Some of them are actualiy fright- ened that the friends of the swindlers will rey upon some of the victims' desire for recy to the extent of making them help n putting up bail, under threat of ex- posure. Such a story would be thoroughly 1 seeping with much tk‘:” wn‘s toldkon the ss-stand during the past week. e EW.B THE HANDBALL COURTS Two Great Games Played at the San Francisco With Surprising Re- sults. Every seat in the San Francisco hand- .1l court was filled yesterday afternoon 20d a large number could not be accommo- lzted. Phil Ryan had arranged an un- ly attractive programme, in which vy all the leading players in the City e included. In the two principal eventsof theday the is were surprising, J. C.Nealon and . Bonnet played sgainst J. Riordan 21, Dillon_and” won in three straight The [first game was close and @iciting, being won by only one . but in the next two Neaion and a0 1 t t Interesting Items From Important Points in Alameda County. Bonnet had it practically all their own way. It was one of the speediest matches ever seen in the City and was character- ized by brilliant rallies, The other attraction’ was a match be- tween J. Harlow, the coast champion, and W. W lllmmvs and P. T. Donnelly, the ama- teur champion, and M. J. Kilgallon. Sin- zular to say it also resulted in three straight games for Harlow and Williams. ‘& 1- liams surprised every one by his remark- ably fine all-round play. Donnelly and Kilgallon did not have a show from start to finish. On Wednesday afternoon John L. Sulli- van, the ex-champion pugilist, will referee & game at the San Francisco court between Nealon and Bonnet and Donnelly and Riordan which will be well worth seeing. At the Union court yesterday several in- teresting games were played. The chief attraction was & match between the two ‘‘crackerjacks” of the court, R. Lenihan and J. J. Feeney. Five games were played and they ran close together till the final, which Lenihan won by three aces. & Following were the games played yester- day: San Frencisco court—R. Shea and G. M- Donsald defeated M. McNeil and P. Ryan, 21 15,18—21, 21—20. G. McDonald and C. Talow defested W. Menion and J. Rogers, 21—16, 19—21, 21—15. J. Grifin and G. Bowen de- feated 'W. Sheehan and M. Bowen, 21—14, 18—21, 21—20. J. Collins and _J. White defeated R. Murphy and M. wards, 21—15, 17--21, 21—18. J. son and D. Sullivan_defeated Nelson defeated W. Wil- liams an Hutchinson, 21—14, 19—21, 21—10. J. C. Nealon and T. F. Bonnet defeated J. Riordan and M. Dillon, 21—20, 21—9, 21—12. J. Harlow, the coast champion, and W. Wil- liams defeated P. Donnelly, the amateur cham- pion, and M. J. Kilgallon,21—16,21—9, 21—9, Unfon court—The Wessling brothers defeated W. P. Doran and P. Madden, 21-18, 21-17. Tim Jordan snd W.Keohe defeated L. Harrls and J. Bolster, 21-19, 17-21, 21-18, P. Keily and W. Tonge' defeated P. Farrell and J. Foley, 21-17, 21-13. P. Hefferman and J. 0’Donnell defeated H. Kelly and J. Brinkett, 21-18,21-19. H. Batzner and M. M. Millett defeated 3. Mor- ton and H. McKenny, 21-19, 21-17. - Larry Canlon and J. McKenna defeated D. Doherty and C. Long, 21-19, 18-21, 17-21, 21-16, 21-14. Terry MeManus and T. F. Lenihan defeated P, Johnson and J. McGuinn, 21-19,15-21,21-16, 18-21,21-20- R. Lenihan defeated J. J. Feeney, 21-19, 21-20, 18-21, 17-21, 21-18. DETECTNE HICKEY DEAD An Alameda Brewer Who Gets Pummeled by One of His Workmen. Joe Hooker Post to Have Patriotic Exercises—Estate of the Late Charles H. Shattuck. ALAMEDA, Can, March 8.—William E. Hickey, prominent in the employ of the Southern Pacific Company as a detec- tive, died this morning a few minutes be- fore 6 o'clock, at his home, 2139 Pacific avenue. He had not been ill Jong, and his aeath was a great shock to his friends. Asthmatic troubles had. worried him greatly of late, but it is not known whether they were a considerable factor in causing his'death. The certificate has not yet been filed with the Health Officer. In the trail- ing and capture of Evansand SontagHickey took a conspicuous part. He went into the field and spent weeks in the mountains with the posses, and endured many hard- ships which undoubtedly impairedj his health. He was a quiet, unassuming man, and many emvloyes of the company who have worked for years in the same build- ing with him probably never made his ac- quaintance. He leaves a family, and had lived in Alameaa some five years, building the home where he died. Fight in a Brewery. ALAMEDA, Car, March 8. — Julius Buhn, a brewer in the employ of Henry Schuler of the Palace Brewery, is in the City Jail, charged with battery. His story is that he got into a dispute with his em- ployer about an injury that was done to a lantern, and that, upon the employer drawing a pistol, he threw him down and took the weapon away. Schulerisa man well alongin years, and says he was unable to defend himself against his assailant, who was stalwart and ablebodied. After the scrimmage Schuler swore to a warrant. Buhn is held in $100 bail. The Pacheco Girl. ALAMEDA, Cavn, March 8.—Diana Pa- checo, the girl who was murdered in an Qakland lodging-house by Ed Hack, who in turn committed suicide, was known in Alameda, where she worked for a time for a family on Pacific avenue, near Hibberd street. = She called at an employment office two weeks ago seeking a situation. She preferred office “work, but said she could not accept such work in Alameda, ds her “fellow’’ was so jealous of her. He was described as an undersized young fel- low, who gave continual evidence of his mad infatuation and consuming jealousy. The Post to Celebrate. ALAMEDA, Car., March 8.—Joe Hooker Post will hoid patrictic exercises in Ala- meda on the evening of Decoration day. It did this last year for the first time, and the effort was quite a success. A commit- tee has been appointed to take the matter in hand and it has been unofficially in- structed to try to secure Rev. E. R. Dille as the orator of the occasion. Estate Appraised. ALAMEDA, CAr., March 8.—The estate of the late Charles H. Shattuck bhas been appraised at $40,000, consisting of $4009 08 due from the printing ink firm of E. J. Shattuck & Co. and stocks, notes, bonds, real estate, etc. It 1s all devised to the widow. Death Comes Suddenly. BERKELEY, CaL., March 8.—Michael 0’Keefe, a resident of Holyoke street, near Fifth, West Berkeley, died very suddenly this morning at his home, without the attendance of a physician. He was taken ill about 4 o'clock and at 5 he expired. The only person present at the time of his death was his wife. It is supposed that he died from heart trouble and dropsy, having been- complaining from those diseases for the past two years. About 1wo weeks ago he returned to his home in Berkeley from the County Hospital, and has been in comparatively good Lealth since until taken ill this morning. A Coroner’s inquest will be held at the home of the deceased to-morrow afternoon at 4 o’clock. ——————— TORE THE ROOF AWAY. A Peculiar Accident at an Oakland Grammar School Yesterday. OAELAND OFFIcE SAN FRANCISCO CALL,} 908 Broadway, March 6. OAKLAND, CaL., March 8,—At the Sunday morning drill of the Fire Depart- ment one of the engines turned a streara of water on the roof of the Lafayette Grammar School, on West street, between Seventeenth and Eighteenth, this fore- moon, and a large portion of the slate cov- ering was knocked off. : The water flooded down “into the upper part of the bui!din{;. Plaster was knocked off and considerable damage was done to the interior of the schoolrooms. Slate from the roof flew' like hail among the firemen the instant that the stream swept over the roof, and one member of the department. an extraman named Me- Girnis, was badly cpt. Others were struck by the flying slate but were not seriously injured. . < he siates were fastened to the roof only by two small tacks, and there was nothin to hold them in place against the force o the stream. On accountof the difficalty of holding the slate in place that form of roofing has been abandoned in many ot the Eastern cities, 1t is stated. At the burnink of St. Mary’s College, a year ago last fall, several of the firemen were laid up for a long time on account of ipjuries received from the falling slate. GOLD HUNTERS OFF TO0AY A Number of Professional Men to Leave Oakland for . Alaska. DAVIE SCENTS A .TRICK. He Says the Council Is Spending Money Recklessly to Ruin His Finan. cial System. OAKLAND Orrice SAN Fraxcisco Cary,| 908 Broadway, March 8, | To-morrow morning another gold-seek- ing party will leave this city for Alaska.’ The gold fever is. spreading and before summer sets in there will be an exodus of many hundreds to the Yukon river dis- trict. The party that:starts to-morrow consists mostly.of business and professicnal men who number about thirty and who believe they have knowledge of the locality of a very rich gold-producing district. The headquarters of the party has been at the office of Dr.C. . Walker, on Broadway. The doctor owns a claim in Alaska, the lo- _cation of which has been kept a secret and is only maae known to members of the ex- pedition when they have signed the agree- ment binding them to make the trip and to secrecy. The men, who are young, are not with- out money, and they will take a ;i'_teal quantity of supplies and materials. They will proceed under a different plan from that of the party conducted by Captain Johnston which left last week. ~“The professional men have got the gold fever,” said vr. R. K. Dunn, and the den- tist who is going nortb. “I am one of them and have decided to quit business for = while and try to become a millionaire in short order. Ittakesalong time for a dentist to make a million. Dr. Walker bas aclaim in Alaska’ that we are going to work, and we ars not going on any wild- goose chase.”’ The bark Theobald is now at the whartf 300 people. It is close to the Fred Finch Orphanage. ] * Their ng: Disregarded. OAKLAND, CAL., March 8.—The body of Diana Pacheco was shipped to Concord to-day to be buried by her relatives. ' Ed- ward Hack, who shot her and.then him- self, will be buried at Sacramento. Their dying wish that they might be. buried to. gether has been disregarded. _Stars Vs. Reports. OAKLAND, CarL., March 8.—A baseball match was played to-day at Twelfth and Jackson between the Stars and the Re- ports. The Stars scored 29 and their op- ponents 16. The batteries were Bongard and Dunstan for the Stars and McBain and Burnett for the Reports. DR. CASE'S ABSENCE. Rev. F. M. Larkin of Los Angeles at Howard-Street Church. The pulpit of Howard-street Methodist Church was not filled by the pastor, Dr. W. W. Case, at either of yesterday’s ser- vices, as Le was called on a visit to Vaca- ville. He is-expected back to-day. At the morning service Rev. F. §. Jewell of Qakland filled the pulpit and preached a short sermon appropriate to the day. The evening service was conducted b; Rev. F. M. Larkin of Central M. B. Church, Los Angeles. The title of his ser- mon was, ‘‘What fTakes a Man Acceptable to Goa.” His text was from Acts x:34-35— “Then Peter, opening his mouth, said; ‘Of the truth, I perceive that Goa is no respecter of persons’ ”; ‘‘But in every nation he that feareth him and worketh righteousness is acceptable with him."?’ THE LAST OF HER LINE A Strike That Caused a Ship- Building Firm to. Go Out of Business. Because Workmen Were Dissatisfied, the Owners of the Fanny Kerr Closed Down the Wor ks, One of the oldest traders to San Fran- | cisco and probably the best-known master in port is Captain C. Gibbons of the British | ship Fanny Kerr. He came here as an | apprentice-boy in 1861 and ever since has Captain Gibbons, the Well-Known and Popular Commander of the English Ship Fanny Kerr. in this city preparing for Alaska. She will go to San Francisco in a few days to com- vlete fitting out and will also take a large party up north. WHY IT LOOKS SMALL. Davie Says the Council Ys After the Dollar Tax Levy. OAKLAND, Car., March 8—There is now $89,000 in the city treasury and Mayor Davie says that if the Council will not or- der things that were not in the estimate it ‘will be sufficient to last for the fiscal year. He hints, however, that the Council does not intend to allow it to last, so as to break up the idea that the city can be conducted on a dollar tax levy. Type-writing ma- chines and extra horses have been bought and several things have been done that were not ment1 oned in the levy. “They are doing the spread-eagle act to dous up,” the Mayor says. “When we first said a dollar was enough, they howled. Buckland -even saying that he | would rot in his chair before he would come down to that rate. We brought them around all right and they voted with us. Now, you see, if they can do us up by legislating away all the money, so that we will be shorf at the end of the vear, why they will consider it a victory, and thatis the reason why they are voting to buy everything that is asked for. A short time ago they thought that $150 was all that a fire engine horse should cost, but now they have raised it. They buy lum- ber for Miller to_mend the crosswalks at his own sweet will, and it makes no differ- ence to them whether the thing asked for was in the estimate or not, they buy it just the same.” “And that’s not the worst of it,” added the. Mayor; “why, I was told the other day that the Council now repented that they had transferred that $22,000 from the street light fund into the school fund, for the reason if they could get the schools to close for lack of money they thought it would hurt me. Every year economy has had to be used along toward the end, but no more will be neofiefl this year than has been required in the past.” 3 Hard to Refuse Work. OAKLAND§Car., March 8.—The force employed in the construction of the sec- ‘ond track of the San Leandro electric line was moved Saturday from Fitchburg to and is now being pushed eastward. Fore- man Gray says that the most unpleasant duty he has is to réfuse men work. Heis often compelled to refuse as many as fifty good men a day. Some of them, he says, are so desperate that they will appear early in the morning and take possession of the tools of men already employed, de- claring that they must have work. Unitarian Anniversary. OAKLAND, Carn, March 8.—The ninth annual meeting of the First Unitarian Chureh of Oakland will be held on Monda evening next. The treasurer's report wiil be interesting as it will show how far the- congregation has kept its pledge made to the pastor some months ago to pn{ off the balance. of the building fund. There will be reports, addresses, reireshments and music by the Sunday-school orchestra. ‘It Is Now a Church., OAKLAND, CaL, March 8.—The old Fruitvale grammar school, which has been remodeled, was dedicated to-day as a place of worship. Bishop Goodsell preached the dedicatory sermon this morning. The church will be known as the Hjfigim Meth- odist Episcopal Church and wil lower Fruitvale, where work was resumed |- seat about | been hovering around this part of the world 1n either one ship or another. Strange to say, both the vessels in which Captain Gibbons made his former voyages to San Francisco as master have gone down with all hands. The old Kooringa he handed over to Captain Dawson and took charge of the Lamorna. The Koor- inga sailed from London for Brisbane, Australia, and was never heard from again. When he left the Lamorna to re- turn to Liverpool to superintend the building of the Fanny Kerr, his mate took command. -The Lamorna started = for Honolulu and from that day to this she has never been heard from. The Fanny Kerr is one of the hand- somest vessels in port. Everything pos- sible has been done for the comfort of the men, and that they ugpncinte it is shown by the fact that there has not been a single desertion since the vessel caine into port. The officers’ quarters are all amidships, land the captain’s apartments are more like a suite of rooms in a hotel than state- rooms on a seiling ship. Captain Gibbons is accompanied by hnis wife, and it is owing to her deft fingers that the cabin of the Fanny Kerr is so homelike, The Fanny Kerr was built by T. B. Roy- dan & Sons of Liverpool, and she is the last vessel ever turned out by that firm. Three years ago she was on fhe stocks, and under the supervision of Captain Gibbons good work was being done. Sud- denly the iron-workers discovered that they had a grievance and a strike re- sulted, 4 The firm offered all the concessions possible, but the men would not accept them. It was then thefirm’s turnte make astatement. Standing on a pile of scrap- iron T. B. Roydan addressed the men. ‘“You bave worked for us for years,” said he. *“You have helped us to build some of the finest ships in the world. You will never help us to build another one. There is the Fanny Kerron the stocks. Sheis almost completed, and ‘as soon as she is | launched we will never lay the keel of another. Now go and look for work else- where.” The men laughed in derision, thinking the firm of Roydan & Sons could not afford to shut down their yards. They found out their mistake to their sorrow. This all happened - three years ago, and not a stroke of work on a ship has been done in Roydan’s yard since. 5 The Fanny Kerr is charted to load wheat for Europe. REAL ESTATE AUCTION. Excellent List to Be Offered by Shain- wald, Buckbee & Co. March 26. Thie sale of the-estate of C. H. Stryling has been definitely fixed for Thursday, March 26. Shainwald, Buckbee & Co. are the auctioneers, . The property comprises the following: Three choice pieces of income property on Marget, _Momgolgery and Konn‘-{reeu. The Kearny-street pro&e,ny is_well’known as the Maison Doree, 217-219 Kearny street, The Montgomery-street property is 119-121. The Market-street o rty is near First and is numnbered 517-519; the lot is 40x80 feet. In addition the residence, 1212 Mason street, will ve s0ld, and the 50-vara lot on the northwest corner of Sacramento and Lyon streets will be sold in subdivisions. Theé meda perty will also be offered for sale. It inctudes some residence pr?pcny in the town of Alameda on the corner of Central avenue and St. Charles stzeet, and also on the corner of San Antonio avenue and St. Charles street. The floods of the Nile are so regular in their coming that for hundreds of years they have not varied ten days in the date of their arrival ata given point. PLEADING FOR JURIES' RIGHTS, Lawyer Highton Says That They Are Being Threatened. JUDGES OF THE FACTS. Precedents . and Constitfitional Provisions Assailed Too : Freely. THE POWERS OF THE JUDGES. Many Cases in Which the Reserved Rights of the People Have Been Trifled With. The Supreme Court ruling in the case of People against Christian Knutte, in which Justice Van Fleet very greatly empba- sized the principle which makes the trial Judge practically the thirteenth juror and gives him discretion to set aside a verdict when not convinced of the facts upon which itis based, is still excitinga good deal of interest among the Jawyers, and the discussions, pro and con., seem to be not likely toend very soon. There is abroad a manifest belief that thir broadening of the Judges’ discretion is highly inimical to the jury system, at least in civil cases, Yesterday the well- known attorney, Henry E. Highton— one of those who drafted the re- cent anti-funding’ memorial to Con- gress—submitted to an interview on this all-engrossing theme of Justice Van Fleet’s opinion. Mr. Highton is of the opinion that grave dangers to the jury system lie in‘the direction of thusincreasing the trial court’s jurisdiction over questions of fact. “Especially in civi! cases,” said he, “the precise danger to which THE CALL has 1n- vited public attention actually exists, and in a very alarming form.” Mr. Highton sees, too, in this ruling, what many other acute legal gentlemen perceive, a tendency to make it easier for the Southern Pacific manipulators to carry things with a high band in this State as well in the courts of law as elsewhere. Mr., Highton’s observations upon the decision are as follow: Not having examined the record in the case ; rise. | haps, in California than anywhere else, which 1 can say very littie in respect to the case itself, butI can use the general proposition which has been the subject of discussion as a text for some observations to whick it necessarily gives 1 wan tto express no disrespect for or crit- icism of the judiciary oi the State, but to refer 10 certain tendencies more conspicuous, per- appear to me to bein direct contravention of our American juridicial institutions. With me the fandamental idea in such mat- ters -is the unwholesome influence which, in my deliberate opinion, the original railroad orporations and the manipulators of those | corporations have exercised upon the admin- | istration of the law in this State. | I observed lately that in commenting before the Senate Committee on Pacific Railroads on |'the anti-fundicg bill memorial recently for- warded to Washington Mr. Huntington spoke disparegingly of the members of the commit- tee by whom that memorial had been pre- pared, and to my mind furnished the most conspicuous example of blaiant dogmatism that [ have observed for many years. Ali men have their faults, but whatever else may be said of these men they have atleast not robbed the people ot California, where they have lived as long-as Mr. Huntington himself, and they have derived nobenefit irom the pub- lic labors they have performed.. Mr. Hunting- ton would not appeal to the people of this State in support of his funding biil and he would not bring & libel suit against any.news- aper orln{\fln ividual within the State. If he nows anything at all about the condition of public sentiment among our people he is perfectly well aware, an Was aware when he spoke before the Senatecommittee, that there is no material diversity of opinion in this State on the proposel to refund the Central Pacific debt. But the question will be asked, very natur- ally, “what has all this_to do with the decision of the Supreme Court of California upon whicn I am asked to -make a few comments?” It has this todo with it; that Mr. Huntington and his associates have done more to demoralize the practice and administration of the law in this State th 11 other influences combined. Oa that proposition there is no worse phase of the effect at least which they have produced ‘upon our decisions than that which isinvolved in the gradua! emasculation of jury trials as established by precedents, through which con« stitutional provisions of laws can be and are being practical i et aside, ‘There must, of course, always reside in overy trial court, upon the supposition that Judges are competent, experienced and honest, the wer to set aside verdicts which upon their ace are absurd; that is_to say, which are in direct contravention of the evidence. But this power, like the veto power of the Gover- nor, or of the President, is to be exercised only in extreme cases and where the necessity for its exercise is so obvious as to command universal assent. It is a proposition sustained by our Federal and State constitutions and by universal practice since the foundation of this Government and long before it_that in those cases fvhich are tried by juries they are the ex- clusive judges of the credibility of witnesses and of the weight of evidence within the rules of law that may be prescrileg to them by the 1 courts. g So emphatic and so umversal is this rule that in order to protect it against any possible infringement in the different States, and espe- cially in this State, Judges are not permitted- even'to charge juries upon questions of fact. New, & number of years ago, speaking specially of California, it was considered that there were 80 many fuilures of justice through improper verdicts by juries that there was a strong in- clination manifested to commit all questions of fact exclusively to the courts, but 31@ petter thought of journalists and jurists led them to believe that the time had not yet come when it was wise to obliterate the protection which jury trials had afforded to citizens, both in criminal aod civil cases. Subsequent experis ence has convinced me that nothing more dan- gerous to the well-being of the State and of the people could accur than to destroy or weaken tue ancient right of jury trials on questions of fact in common law cases, whether civil or criminal. P Tne time may come, indeed it has come, when the most importantreform needed in the law is the perfection of jury trials, without ‘which the ¢itizen and his property will ulti- mately be completely at the mercy of corpora- tions and plutocrats. If I were to forecast our Stgte and National destiny by the wide and unprecedented disparity which” now exists be- tween the theoretical perfection of our institu- tions and their failure in practice, I would have very little hope for thecountry. There is no occasion, however, for any such pessi- mistic view, because the American people generally, and’ the people of California espe- cian{, will not forever submit to corporate domination and corruption. But ‘at present, at least, especially in civil cases, the precise. danger to which CaLL has invited public attention, actually exists, and in very alarming forms. It is not for me to question the decisionsof the Supreme Court, but this much I will say, that taking them as declaratory of the law of this State they have already reached & point where the benefit of jury trials and the protection which they should afford to J)ersons and &)roper!y have been gradually and largely withdrawn. Ifany man would take the trouble to foliaw the cur- rent of authority in this State within the last twenty-five vears and bring out before the pub- lic the specific instances in which this ten- dency has been manifested, I will venture to say that the community would be astonished. T will give one or two illustsations in & gen- eral form. On the-one hand you will find all sorts of verdicts and judgments sustained u})on the ground that where there is a conflict of evidence the Supreme Court will not inter- fere with th2 action of the courts below. This doctrine justly applied seems to be in the line of protecting the verdicts of juries, but if those verdicts are at the mercy of judges in the lower courts, what finality would they possess? Then note the exceptions to the doctrine to be found im particular cases, and in still other cases observe the qualifications of the doctrine. Take, for example, the large class of actions brought against corporations for personal in- juries, which_are aimost invariably tried be- iore ijurhas. In those cases the law provides that if the negligence of the plaintiff materi- ally and substantiaily contributed to the in- jury he cannot recover. But the law provides, also, that the question of contributory negli- gence is almost universally a matter to be passed upon by & jury within the principles and rules laid down by the court. There are many casés in this State, how- ever, in which, upon_examining the records upon appeal, i: will be found that the appel- lete court itself has construed and passed upon the evidence on thissubject and has set aside verdicts upon views of the facts differing from thlose of the juries before whom the cases were tried, This is an exercise of a power which’ be- lonfis to qualified citizens, entrusted by law with the duty of passing upon evidence and the credibility of witnesses. And while 1 am not for & moment discussing or questioning the honest exercise of its power, it neverthe- less does attract to the courts authority and functions which peculiarly belong to juries. Numerous other_illustrations of this propo- sition could easily be given, in the investiga- tion of which it would be jound that as it would appear to the ordinary citizen there have been \ and in the law s it stands, tending to the con- centration of power in the courts, and chiefly in the particular direction in which constitu- tional provisions and former precedents in our country interposed juries for the benefit of the citizen and his property. And in tracing the etfect of this steady minimizing of the func- tions of juries it will be further discovered that in almost every instance the result has been beneficial to railroad corporations. It would almost appear as if 1n their just leaning against demagogues and poletarianism, and in their anxiety lest corporstions should be placed outside of the pale of the law, the courts have leaned the other way to an extent which has aided the class of corporations mentioned in placing their feet upon the neck of the people. The true ruie for the faithful enforcement of which there was. never greater necessity than at present, is that in all cases where un- der the authority of law questions of_fact are submitied for the consideration of juries, their | verdicts Should be final, except in those rare instances in which it is apparent to any man found directly and palpably against the evi- ence. 9 The moral deducible from the tendency on which I have ventured to comment is that men who comprehend. the unities and the application of our entire Americau system of government, must discern that there never was o period, even during the middle sges, when it wes more indispensa- ble for journalists, for lawyers, for re- flective and conservative citizens and for all other persous to whom the future of our coun- try is dear to combine their influence in favor of the complete restoration of jury trials to their original simplicity and conclusiveness upon questions of fact. “THE CALL” To-day's Entries b @istance are give, n. . Abbreviations—F., fast; Fa., fair; H., heavy; m., mile; £, furlong; * about. RACING GUIDE. at Ingleside Track. n races where the Forses have norecord at the distance to be run the records at the next nearest FIRST RACE—One-half mile; selling; two year-olas. | Best Lbsl record. Lbs Dist. Tk. Pedigree. fime‘no' rec. 103 no ree. Tolore . 103(no rec. Frank James. hree Cheers-MjssPickwick | Lepanto-Right Wing | Imp. Chesterfield-Talluda .| Tremont-Bine Bell {Hyder Al-Walnut {Bishop- Amerigue Imp. Chesterfield-Harriet | Wildicle-Rosette A. B. Spreckels..... | Ecuador-Tomato BECOND RACE—One and-a quarter miles; selling. ) g m Tenacity. 90/1:56 1 Rey d1 Bandidos| 90/1:55%4/11g m | Best Index. Name. |Lbs|record.| Dist. |Lbs|Tk. Owner. Pedigres. ! cNaughton&Muir Falsetto-Eihelda Parker.. 1mp. London-Cameo Saviour-Nighthawk ten-Louise Forr-st Tp. Bonnie Brown-Dispatch Ip. Midlothian-HelnScratch Inspector B-Plazza en d'Or-Miss Mugging Longfellow-Modesty 1. True Briton-EmmaCollier THIRD RACE—Five furlongs: light welter-weights. Pedigree. Gold Bug. {Geo, Dickinson| Dare Dollar..... 1 Best ndex.| Name. [Lbs|record.| Dist. |Lbs|Tk. Owner. 737 |Hal Flsher...... 437 |Wm. Pinkerton 639 | Kathleen.. .. 730 [Moss Terry Buck Walton-Alice Shannon-Fannie Lewis Little Alp-Unknown Powhattan-Zuma Pittsburg-Mollle § Imp. Blackbird II-Charity ermese-Unknown Imp. Glenelg-Kathin Kinny Winters-Ida O’Nefl Imp. Inverness-Audaclty Glen-Dudley-J. Miner_mare Imp, Darebin-Trade Dollar 1mp. Cheviot-Lurline Sinfax-Partisana Imp. Inverness-Dors 'Vici stable.. G. B. Morris & Co --|White & Clarke. ... 'W. 0’8. Macdongh - D. J. Tobin......... Index. Thelma... Jack Richelieu. Applause.. . Yapkee Doodle. Pedigres. - BT A b b AP | Montana-Fusiliade’s Last. 1p. Woodlands-Lady's Mal Flambeau-imp. Petroleuse Farandole-Satisfaction Imp. Mariner-Cantenac Imp. Greenback-Una EliasLawrence-PrincessGIn Tmp. Il Used-MinniePayne Panique-Rebecca Rowett Imp. Friar Tuck-Jessie C L. Kox baly Megere R p. Kyrie - e Glen Eim-Red Girl ‘Westchester stable -|J. Kobbins. . W. G. Hinton L. Bzell.. D, A. Honig... H.T.Griflin. Owner. Pedigree. McNaughton&Muir|Onondaga-Elsinore J. Brenock. . .{Rapture-Venturia ) Flambeau-Gerhardine Bulwark-Sister to Violet Hudson-Zulu, 2 reat inconsistencies in our practice | of common understandiug that thoy have | ARMY. AND NAVY NOTES, Black Point Reservation to Be- come a Beautiful Park. THE PRESIDI0O FOREST AREA. The Examination of Enlisted Men for Commissioned Rank. The report of the board of army officers appointed to- inspect the forests of the Presidio reservation is anxiously awaited. The report may recommend an extension of the forests, or-may take the ground that the forest area ‘should be diminished in order to afford more space for maneuvering troops. The recommendations, whatever they are, have been forwarded to Wash- ington. In the approval of a communication transmitted to the Board of Supervisors and the Van Ness-avenue Improvement Association concerning the improvements of certain streets leading to Black Point and the Presidio, General Forsyth, com- manding the Department of California, announces that it is the intention-of the military authorities to improve and bexu- tify the Black Point reservation of sixty acres. The land reserved for Government purposes will thus become in effect a beau- tiful park for the en joyment of the people of San Francisco. The extension of the Sutter-street rail- road system will take the cars to the mar- gin of the park, Thereisa plan in view to change the present cable line of the Union-street road into an electric line. The cars of the company run within four blocks of the southern limit of the Black Point reservation. The acquisition of a fine park immediately accessible to the large resident population of the North Beach district will be regarded as a great benefit to that section of the City in par- ticular and to the entire community in general. A board of army officers will meet at the Presidio March 18 to conduct the prelimi- nary examipation of enlisted men who are applicants for commission. The board will consist of Lieutenant-Colonel Guen- ther, Fifth Artillery, Alcatraz; Lieutenant- Colonel . Middleton, surgeon; Captain Frick, assistant surgegn; Captain_ Starr, First Infantry, and Lieutenant Frank, Signal Corps.” The applicants are: Cor- poral Preston Brown, Battery A, Fifth Ar- tillery; Sergeant-Major Robert McCleare, First Infantry; Corporal Robert M. Mar- shall and Warren 8. Sample, Company D, First Infantry. The applicants attaining success in the preliminary examination wili be ordered to “I?e“ before a general board to convene at Fort Leavenworth in September. That board will grade the candidates, and in accordance with the grading the applicants will be commis- sioned as vacancies occur. The board of army officers nyilpoiuted to examine candidates for West Point held several sessions at.the Presidio last week. Formerly the candidates recommended by Congressmen from the Union’s Congres- sional districts bad to report at the acade- my for examination. To obviate the long journey and effect a saving in traveling expenses- examining boards throughout the country were created. The board at the Presidio consisted of Dr. Greenleaf, Captain Kodgers, Dr. Frick, Captain Hills and Lieutenant Coffin. There were three candidates before the board—the three young men who were ap- pointed by Congressional influence in this State. The vapersof the examining board are to be sent to the academy, and in due time the applicants will informed whether the requirements for, admission have been fulfilled. Lyon, the soldier at the Presidio who refused to mend the bicycle of sprinter Hamilton of Oakland and to apologize to thatindividual for high language used on the hospital highway, was brought before the suramary court at the Presidio last Monday and acquitted. Colonel S. B. M. Young, Fourth Cavalry, was the presiding judge. He heagd all the evidence, which established the fact that Lyon was run over and knocked down by Wheelman Hamilton, a rider, who was going at high speed down hill, baving lost control of his machine. It was bmufht out in the testi- mony also that the soldier did -seize the wheel and dash it with great force over an embankment. -It also came out in the testimony that the bruised soldier used high language and plenty of it, but it is presumed that Colonel’ Young, in his capacity of judge, deemed that the explo- sion of wrath under the circumstances was ;uslihuble. Testimony also disclosed the act that there was neither a bell nor a brake on the machine. £ These mitigaux}xig incidents, coupled with the neglect of Hamilton to appear and testify in the case, caused the soldier's acquittal. First Lieutenant McClure has gone to Fort Bliss to. join the Fifth Cavalry. He has been on duty with the Fourth Cavalry at the Presidio. Material from Pennsylvania for the new gunboats continues to arrive, and work preliminary to actual construction is pro- gressing at the Union Iron Works. NEW TO-DAY. Cocoa for -Healt}m)-' The usual table bevenfi‘ nerve stimulaats—a whip to stir up a tired horse; not so stinging as liquor—but still a whip. Cocoa nourishes the nervous system—gives it food, not a stirring up. The freshest, & 3 strongest, purest, most easily die gestible, $ most nutritious is 3 I Gbhirardelli’s ALL GROCERS TAKE NO SUBSTITUTE ?25 , ST in 1854 for the treatment vate Disenses, Lost MAuhood. Bebiiiy o