The San Francisco Call. Newspaper, March 19, 1896, Page 10

10 THE SAN FRANCISCO CALL, THURSDAY, MARCH 19, 1896. BROWN DEFIES THE COUNCIL. He Refuses to Accept the Censure Passed Upon Him. HIS JUDGES SCORNED. Jurisdiction of the Investigators In One Matter As- sailed. AO0W A VERDICT WAS IGNORED. Dr. Brown Received With the Fatted Calf, but Not as a Prodigal Son. Dr. Charles Oliver Brown, who has been characterized by twenty men as guilty of unchristian and ungentlemanly conduct and, incidentally, the proprietor of a very nasty temper, struck back at his ecclesias- tical judges last night. In spite of the doctor’s statement made to the United Press representative shortly after the verdict reached him that he was satisfied with the council’s findings he last night took occasion to severely criticize his ecclesiastical judges. The pastor's outburst of indignation occurred at the prayer-meeting in the same room where Mattie Overman told her weirdly fanciful story, and where Dr. Brown underwent the torture of a three hours’ cross-examination by the skillful, ever-smiling Tenney. When the usual sengs had been sung and rs said the pastor rose and in a few brief sentences introduced Deacon Morse, who had an important communication to make. Then followed the reading of the werdict as rendered by the congregated churches. Dr. Brown impatiently waited for the end, in order that he might teil his people how the council after thirty-two days’ of earnest labor, had found him innocent of all the charges, but through a mistaken idea of justice had unfeelingly inserted a clause declaring him guiltv of unminis- terial conduct and casting discredit on his explanation of +he Davidson affair. The pastor hecame very much excited during this recital, which at the end brought forth rupturous applause from hi friends. The council was praised and scoffed at by turns, though it was plainly seen that the sting of the verdict reached | deeper than the reverend gentleman would have his flock believe. The tindings of the council were unani- mously adopted by the church, but never- theless Dr. Brown was in a negative way indorsed as pastor. RS AT PRAYER-MEETING. Pastor Brown Read Feelingly From the Most Beautiful of Psalms. There was one member of the Congrega- tional church who had the courage of his convictions sufficiently strong within him to rise in his seat and move that the inter- ests of the church would be best served by a pastor whose reputation had never been called into question. John Chase, the mover of the motion, was alone in his expression of opinion, save for the solitary second which he re- ceived from some one who was not no- ticed. And when the vote wastaken to table his motion John Chase of the Chris- tian Endeavor Society of the First Con- gregational Church arose alone to vote against the tabiing of a vote which if car- ried would have jorced Pastor Brown to hand in his resignation. Nothing remains of the Brown-Overman- Stockton-Davidson-Tunnell - Cooper-Turk- ish Tea and organ-loft incident except what aftermath may Jie on the grouna, now that the harvest has beeu gathered. ‘The Congregational churches which sent pastors and deacons to the ecclesiastical council may have something to say in reply to Dr. Brown’s criticisms of its methods and in response to his open de- fiance of the council by his blunt refusal to accept its censure. As was stated by Mederator McLean last Tuesday night, there is no appeal from the findings of the eouncil, but should the churches repre- sented in the council feel that their voice has been unheeded or treated with dis- respect, it is in their discretion to with- draw from fellowship with the offending church. But of these disagreeable aftertastes there was no token last night. The inter- est of thecongregation in the incident was shown by the unusually large attendance at the prayer-meeting, many of the oldest and most ‘enthusiastic Christians having been wall-flowered. The pastor looked better than he had at any time since he placed in the palm of the Davidson hand those 500 good Ameri- can dollars in gold and honest currency. His old aggressiveness, perhaps over- stimulated by his battle of a month, had become more or less latent, but when it awoke, as it did when he defied portions of the verdict of the council, it was as ro- bust and as eager for the fray as a young pugilist before his first battle. He again made a defense of some things charged against him, but the keenest and most_receptive ears in the congregation did not hear even the dying ghost of a whisper, not even the rustling of a lcaf in denial or explanation of the untruthful dispatch which he bad attempted on the night before to palm off on the San Fran- cisco.agent of the United Press. But it may be that Pastor Brown bad so many things of so much more importance on his mind last night that he forgot to mention the dispatch and to explain it in his char- acteristically plausible and eloquent way. His style of elocation resembles very strikingly that of Actor Stoddart in the role of the honest old clergyman in “Saints and Sinners.”” The trick of the uncertain rising inflection at the end of the short sentences was very apparent last night. Tender emotion vibrated gently in the tones of the pastor’s voice as he made the opening prayer which was eloquently worded, and which breathed of confidence and hope! It was just such a prayer that could dovetail perfectly inwo the hymn which followed, “Rock of Ages,”” one of the grandest, sweetest hymns in Christian literature, and hardly had its last pathetic chord eeased its pulsing upon the hearts which throbbed responsive to its rhythm when the pastor began reading from the | psalm in which David sees with the eye of faith his help upon the eternal hills. 1 will lift up mineeyes unto the hills from whence cqmeth my help. My help cometh from the Lord which made heaven and earth. He will not suffer thy foot to be moved; he that keepeth thee will not slumber. Behold, he that keepeth Israel shgll neither slumber nor sleep. : And s0'on to the end of the one hundred and twenty-first Psalm the full, deep voice of the censured pastor reverberated, and now and then quivered with something akin to pathos. Then gliding by a transition almost im- perceptible from David to. Brown, the pas- tor, with the same inflection of voice as though still reading from the psalms, went on to say that he knew not what con- dition of buman frailty or strength, of human joy or sorrow, of viztory or defeat, of righteousness or of sin did not find some adequate and appropriate expression in the wonderful book from which he had just read. *‘Are we weak?”’ he asked, changing his tone to one of challenge. The next mo- ment, with an accent of confidence, came the reply and question: ‘God is strong. Are we sinfulr God is forgiving; His mercies, says the Psalmist, are infinite. When the wicked found my enemies and my foes came upon me to eat up my flesh they stumbled and fell.” Beneath the accent of resignation and confidence with which these sentences were uttered there sang a strain of defiance. The individual had peeped from behind the robes of the pastor; the man had stood forth for a moment from behind the altar of the priest. “David knew how it was,” continued the pastor. “He never was so sorely pressed that he could not sing. No night so dark but that the eye of his faith could pierce the clouds above him and receive a new vision of that star of Bethlehem, not more plainly seen by shepherds while the angels were singing and the wise men were wend- ing their way to the cradle of the Lord.” Then he spoke of the necessity of pain, and what a lofty delight it was to have the consciousness that it was inflicted with an ennobling, an exalting and a transforming purpose. As a pastor speaking directly of himself to his congregation he proceeded to say that he could not express the feelings of gratitude with which he ook part in the accustomed prayer meeting after what he termed *‘the exciting scenes which have taken place for weeks past.” If in the midstof those scenes any unkind words had been spoken he hoped that they would be forgiven and forgotten in the abundance of thatdivine [ove which Christians desire to imitate. After Deacon Morse, Brother Wood- hams and others had offered prayer, Dr. Brown advanced to the platform and an- nounced that there was an item of business to be transacted in which he was directly interested and he called Deacon Morse to the chair. Deacon Morse, who is as poor a reader as his pastor is a good one, read the verdict of the ecclesiasuical council. When it was inisbed a motion was made for its adoption, and this was followed by a mo- tion that it be received and filed. Deacon Barnard moved that it be re- ceived and spread upon the records, snd that the thanks of the church be extended to the council. Dr. Brown, who appeared to be oblivious to the indelicacy of his action, called the attention of the chair to the priority of Deacon Walcott’s motion to file the ver- dict. Chairman Morse was not sure that the motion had received a second, but Lawyer Nagle cried, “I second that mo- tion,” and the question was accordingly put to the house. Dr. Brown claimed the floor and threw down the gage of battle to the council. He began by saying that he most earnestly thanked the council for their willingness to spend four weeks of their valuable time in investigating the truth of the charges, “made,” continued the aoctor, “not by individuals of responsibility, but by indi- viduals disrespectable and irresponsible, against my good name. Iwant it distinct- ly understood that this remark was not made of Mrs. Sarah B. Coorer, because she did not make herself respcnsible for those charges. They were formed out of the newspapers by two women.” He spoke of the statement in the report of the council to the effect that he had ex- | plained that he had paid Mrs. Davidson $500 for the purpose of securing the silence of a Mrs. Baddin. % “T cannot conceive,” he proceeded to say, “how my brethren, after ¢wo or three days of discussion of the evidence, could possibly have made such a mistage as is involved in that statement. At great ex- pense we secured the presence of one of the most competent shorthand reporters in the State of Cslifornia, who took down every word of the evidence, and it will be found by referring to the report that I laid stress upon the fact that I paid the money not for the purpose of an iniquitous sil- ence but to secure such evidence in written form as would ensure the arrest and pun- ishment of the criminal. That evidence should have been recognized by my friendsin any statement in so serious a document as this before us. I wish these remarks to be accentuated by the news- paper reporters,” Inreference to the charges of intimida- tion the speaker said that the council had not the slightest right to consider the charge made by the young woman who had inspected the church organ, because the offense, if any, had been committed ten days after the vote was taken to call the council. He challenged the history of Congregationalism to show that any coun- cil ever considered an act committed sub- sequently 1o the creation of the council. *I therefore, here and now,” he went on defiantly, *‘explicitly say that I don't accept the censure which my brethren placed upon me. The council was created to pass certain findings. It did so, and dissolved in this house last evening, and it hasno further power over me. I am now in the hands of the members of this church.” He called attention to the thoroughness of the investigation and to the publication every day of 200,000 copies of the San Fran- cisco newspapers of the charges against kim, and the fact that, in spite of this wide publicity, no positive evidence was found that was worthy to be received by any body of respectable men upon the character of C. O. Brown. “They have done well,” he added, “to issue In their report the statement that these horrible charges were not true, but had I been in their place something more would have been added. It is not proven; it will not be proven; it never can be proven. Idon’t object to filing this re- port, but I seriously object to the council censuring me upon a matter upon which they had no right to act.” He closed by thanking the individual members of the council. “I don't think you ought to thank them,” said Deacon Walcott. The report was received unanimously. John Chase arose in his seat and said: “I move that the interests of this church and of its pustor would be better served by a pastor whose reputation has never been called into question.”” Dr. Brown Putting the Motion to Lay on the Table a Resolution Hostile to Himself. The Motion Was Car- ried by a Rising Vote, Showing That a Majority of Those Present at the Prayer-Mecting Wishedto Retain Dr. Brown in His Ministerial Capacity. \Sketched by a “Call” artist.] There was some applause, which a | moment later was changed into laughter upon Deacon Walcott remarking, “What does he mean by that?"’ Deacon Morse coldly requested Mr. Chase to reduce his motion to writing. “Let Dr. Brown's name be put in that motion,” exciaimed Deacon Walcott. Dr. Brown asked that if a vote was to be taken upon Dear Brother Chase’s motion the hall should be cleared of all but mem- bers -of the church. Before the question could be put a motion was made to lay the Chase motion on the table, and it was so ordered, Mr. Chase alone voting in the nezative. Laudatory resolutions adopted by the First Congregational Church of Kalama- 200, Mich., were received, and Dr. Brown, with quiet sarcasm, remarked : “I hope that my dear brother, whom I have loved, will read the Scriptures. Per- haps he may be led to move that the world would be best served by a Redeemer whose reputation had never been attacked.” Brot er Chase was as swift as the eagle's swoep in his retort: “Dr. Brown, I fail to | see the parallel between the Redeemer and | yourself.” Then they sang a hymn and Dr. Brown gave the benediction. -— THE VERDICT REVIEWED. Members of the Council Talk Freely of the Findings and Brown’s Attitude. One of the conservative members of the council, and one who enjoys as great a measure of public esteem as any indi- vidual of that body, referred to the verdict of the ecclesiastical jury as a *‘terrific blow to Brown.”” When informed that it is re- garded by some as a fulfillment of the prophecy of a whitewash he expressed genuine surprise. His comment was to read from THE Cavy the following, which he pronounced the *‘nub of the document’ : We should be glad to add to this verdict that the various tacts in the case so far as ascer- tained have not left a trace of suspicion in our minds concerning the hitherto stainless repu- tation of this honored minister of the gospel, btut we are regretfully compelied to confess that Dr. Brown’s explanation of the reasons in his mind for paying to Mrs. Davidson the sum of 500 and agreeing to pay the further sum of $35 a month for a series of years, all for the purpose of securing the silence of a supposed Mrs. Baddin, is not altogether satisfactory to us, and that Miss Overman’s testimony as to baving changed certain letters known as.the Overman-Tunnell letters, which contained the chief incriminating evidence in this case, is impaired seriously by confessed falsehoods previously told concerning the same matter, while the strange and apparently sigmificant absence from the City of the receiver of the letters has added to our embarrassment in the effort to ascertain the truth. “The facts in the case so far as ascer- tained,” he read, with a peculiar emphasis that argued tbat he believed chere were facts that it had not been possible, under the circumstances, to ascertain. ‘‘We are regretfully compelled to confess that Dr. Brown’s explanation of the reason in his mind for paying to Mrs. Davidson the sum | of §500 and agreeing to pay the further sum of §35 per month for a series of years, all for the purpose of securing the silence of a supposed Mrs. Baadin, is not altogether satisfactory to us,” he went on. *Miss Overman’s testimony as to having ehanged certain letters known as the Overman-Tun- nell letters, which contained the chief in- criminating evidence in this case, is im- paired seriousty by confessed falsehoods previously told concerning the matter.” Here the reader stopped to see whether the listener was aware of the force of the sentence, before reading the conclusion of what ne deemed a strongly condemnatory paragraph: *“While the strange and appar- ently significant absence from the City of the receiver of the letters hasadded to our embarrassment in the effort to ascertain the trath.” “The committee on findings was chosen with reference to a representation of local- ities, as well as to the fitness of the indi- viduals for the important duty. Dr. Mooar is from Oakland, Dr. Hoyt from Sacra- mento, Dr. Tenney from San Jose, Mr. Barker from Stockton and Deacon Bufford from Plymouth Church, San Francisco. “On Monday afternoon this committee was chosen to crystalize as far as possible the opinions which had been expressed by the members of the council as to the accused man’s guilt or innocence. Dr. Mooar was appointed chairman, but owing to fatigue he was relieved from the posi- tion at his own request, and Dr. Hoyt acted in his stead. ‘Dr. Hoyt appointed each member to give attention to certain specified charges. When they had com- pleied their task he edited the whole. “The report of the:committee as pre- sented to the council was more lengthy and more general than that which was afterward adopted. It contained certain matter censuring in a measure the atti- tude of the public toward Brown. It fol- lowed this up by a rap at the press for fostering the sentiment that such attitude expressed. It expressed grave doubts as | paper giving his views ! very similar; and it is thought that his pa- to the pastor’s innocence, similar to those contained in the paragrapn I bave com- mented on, but the trouble was, they were not definite enough. We found as the reading of the report progressed to the vital points that there was considerable dissatisfaction with it, owing to its lack of conciseness as well as strength. “One of the brethren had an inkling | that Dr. S. M. Freeland had prepared a and those of certain members of the councilas to the question of the guilt or innocence of the accused. It was at this juncture the coun- cilman who knew of the existence of the paper called for its reading. Had he waited till the reading of the report was finished it might have been too late to give the proposed document consideration. “Dr. Freeland’s paper was a kind of ver- bal bomb. It produced comsternation in some and satisfaction in others. The lat- ter moved that it be substituted for the committee’s report. It was a critical situ- ation. The paper was strongly denuncia- tory, and it meant instantaneous death to Brown’s ministerial career. Yet in the matters in which the council was prac- tically unanimous it was more spe- cific than the report of the com- mittee. After some diseussion it was de- cided to compromise by incorporating por- tions of Dr. Freeland’s paper in the report. The committee was insiructed to do this work of recasting while the council took a recess at 5 o'clock. “Its labors were completed by 7 o’clock wlth the result that tte revised repert con- sisted almost entirelytof Dr. Freeland’s re- port, yet omitted the most radical utter- ances, *‘An exoneration! A whitewash!” The | eminentchurchman laughed as he repeated the words. “If I might be permitted to use sporting parlance I would say it was a Dr. S. M. Frecland, the Member Who Threw a Bombshell Into the Delibera- tions, body blow to Brown and he knows it. He showed that by his complaint of the conn- cil ignoring his alleged excuse for the pay- ment of the money to Mrs. Davidson. . How he could have dictated United Press and Associated Press matter, stating that he had been exonerated, is past my com- prehension. I thought Nagle might have done it and Dr. Brown’s name was used by mistake. He did do it.”” The reverend doctor shook his head and heaved a chari- table sigh. “I do not venture to say what his church willdo. Iam sure, however, from what I know of the situation and the man, that there is no necessity for any withdrawals from the church. T predict that he willnot ouly leave that church buat the ministry, Iwould not be surprised to see him in a local !aw firm in less than a year.” As THE CALL representative was leaving the gentleman said : 4 “Don’t misunderstand the feeling of the council. It would have been impossible to send out a document exonerating the man. On the charge in reference to Miss Over- man alone, some of his reputed friends said they were far from being convinced of his innocence, at least as to mental and moral wantonness, although no proof could be produced of physical wrongdoing. They believed there were, at least, minor offenses which made Miss Overman feel encouraged to prosecute her alleged siege of Brown's affections. Dr. Freeland was not the only man who made a fearless ex- | pression. ‘He was the one who couched it in concise language. He and Deacon Wil- liams and Dr. McLean are fellow-passen- gers in their ferry trips. Their views are’ per was a consensus of their opinions.” If Dr. Brown remains pastor of the First Congregational Church through the grace of its members, or his own clever manipu- lation, such action will result not only in the dismemberment of that organization, ! but the expulsion of the remaining frag- ments from fellowship with the Bay Con- ference. This is the belief of another prominent | member of the now defunct ecclesiastical council as expressed yesterday. The gen- tleman hardly thought it possible that Brown would be 5o foolish as to make a fl.;ht against such a unanimous conclu- sion. 9 Still the pastor is known to be a vigor- ous fighter and one not likely to lay down his arms, be the odds ever so great. The council in voting on the several specifications employed the secret ballot. Each member recorded his vote on a little | ballot. slip of paper, folded it up neatly and then passed it over to the secretary. No names were signed, so it was impossible for any member to know how his brother judge voted. Of course the speeches indicated something, but there was no way of know- ing if these ideas were promulgated in the It has now developed that the immoral conduct charge caused the council the greateat amount of worry and labor in the matter of arriving at a satisfactory under- standing. There was at least one member of the council who thought the charge of adultery bad been proven beyond a reasonable doubt. Ballot after ballot was taken, and wher: each had been duly recorded an | adultery vote was found. Thisdetermined member of the council did not let himself beknown in any way, though thereisa prevailinz opinion among the San Fran- cisco brethren that the persistent voter lives across the bay. There were three elements in the coun- cil. One favored a conviction on all the counts, another pleaded for absolute ac- quittal, whil> the third assumed a middle ground. Dr. Scudder, Rev. Mr. Hatch and Dr. Pond championed the cause of Dr. Brown as long as there was anything to stand on. The extreme faction found ad- vocates in Dr. Freeland and Deacon Wil- liams. The Plymouth Church representa- tives led a small following which favored a comparatively mild censure. The minority, headed by Dr. Freeland, finally triumphed, however, resulting in the decision as printed vesterday. = The statement is made on the authority of a member of the council, that Dr. Brown must resign from the First Church, as his | connection with the Bay conierence is practically at an end. 1i the church fails to act, then the conference must take up | the matter. | A letter stating that the superintendent of the Puliman car service, a conductor | named Strike, and a porter who lives at 1731 Myrtle street, Ozkland, could give | damaging evidence in regard to Brown's | trip to Tacoma with Miss Overman, was | in the Lands of the judge-advocate. Itis | said that all refused to testify, the super- | intendent and conductor refusing to give | their reasons. The porter irankly stated that hg knew a good mauny things he would not tell. “I get about $20 a month in tips. 'Twon’t pay me to tell things,’” he re- marked. Mrs. Stockton has given her version of the baptism episode in a private conversa- tion. *‘The truth is,’’ she said, “‘that Dr. Brown called me into the study in his usual manner, but in his ardor forgot to drop the latch. We were surprised when Deacon Vasconcellos walked in, but Dr. Brown quickly recovered himself and walked over and filled the washbowl pre- paring to baptize me. It would be putting it mildly to say that I was surprised at Brown’s wonderful presence of mind.” Mrs. Sarah B. Cooper said: “It would be hard to find a nobler body of men than the council. It hasdone its full duty with the evidence before it. I regard its find- ings as severely condemnatory. Dr. Me- Lean’s views of the matter are mine.”” It is said that Mrs. Cooper bas been advised to appeal to the Congregational Bay Asso- ciation. STt MAY BE A “TRAMP.” Mrs. Cooper Says That May Be the Fate of the First Congrega- tlonal Church. Mrs. Sarah B. Cooper was in nowise dis- turbed by the aciion of the church at last evening’s meeting. She had no word of censure for it. “As I said earlier in the day,” she re- marked, *the church may be disfellow- shipped. In such case it will become an ecclesiastical tramp. ‘“No, I do not intend to withdraw from it. Iwonid as soon have thought of dis- honoring the flag in the old troublous days of rebellion. Or. Brown’s stay in the church will probably be short. I shallnot attend service there while he preaches. But I shall continue with my class.” She spoke in highest terms of the coun- cil. “‘It was composed of men of irrefragable integrity. They did their duty in view of all the circumstances. I would make but one exception, and that is Dr. Pond. His motive can no longer be in question, if the newspaper expose be true.” Mrs. Cooper has been invited to join three churches of the City, one a prom- inent Congregational church. The invita- tions were given under the tnpposition! that she would not like to remain in her present fold. The 1ady regards the council’s action as full support of her charges and those of her daughter, and pronounces it a victory for Congregationalism, whose banner for a time seemed in danger of being trailed in the dust of humiliation apd disgrace. AT SRR WILL UPHOLD BROWN. The Trustees In Private Session Decide to Stand by the Pastor. Whittier yesterday afternoon. Pastor Brown was also present. The finding of the council was discussed at length, with the result and decision that Dr. Brown would be retained as pastor of the church. At the prayer-meeting the ‘bower and presence of the deacons other than numerically manifested itself. It was their voices whicn seconded the mo- tions and their lips which sung his praise. Dr. Brown will, for some time to come, at least, continue in charge of the First Church. MEN OF IDEAS SUCCEED. Removal of Wilder & Co., Advertising Specialists, to Larger Quarters. In order to meet the requirements of a gratifying growth of their business Wilder & Co., the advertising specialists, have found it necessary to remove from the Palace Hotel to new and more commodi- ous offices in the new Easterbrook building on Geary street, near Kearny. These gentlemen have been exceedingly successful in their particuiar line of busi- ness, and have built up an enviable repu- tatian for their ability and skill in writing and directing advertising matter. In their new location they will be better pre- pared than ever to serve their numerous patrons, and hope by careful attention to business to merit even greater success. MAY REMAIN N CHARGE, Superintendent Weaver’s Fate to Be Decided on Wednes- day. Dr. Williamson Will Remain Loyal to the Incumbent to the Very Last. ‘Whether or not Superintendent Weaver of the Almshouse will be removed by the Board of Heaith will be decided on Wedneeday next, when a special meeting will be held to consider the matter. The members of the board stand just as they have since the investigation of the City Poorhouse began, Mayor Sutto and Dr. Williamson standing by Superintend- ent Weaver, and Drs. Morse, Hart ard Fitzgibbon being against him. The vote will stand thus when the matter comes up and it will then rest with the Governor whether or not Mr. Weaver is to lose his position. If he decides to re- move Dr. Williamson and appoint some one in his place who will do the executive bidding, the may will be easy, otherwise Superintendent Weaver will remain. The following letter relating to the subject was received by the board yesterday and placed on file: Max1TOU, Colo., March 3, 1896. Honorable Board of Health, City and County of San Francisco, Cal.—GENTLEMEN: The papers of this section advise me that Mr. and Mrs. P. L. Weaver of the San Francisco Almshouse are undergoing investigation at your hands, and as 1 became interested in ‘the institution while I was professor of economics at the Stan- ford University I venture to send you scme account of my impressions concerning it. For six years before going to California I had been professionally interested as superinten- dent ot charities ior the District of Columbia, and otherwise, in public benevolences of all sorts, and had visited many of the large alms- houses in different parts of the United States. I therefore went early to the almshouse in San Francisco, although 1 previously knew noth- ing of its management. 1 was dcli%hled to find it one of the best in- stitutions of the kind I had ever seen, at least in proportion to outlay. I went repeatedly, alone and with others, and fuller acquaintance | only confirmed by first impression. An aims- house 1s usually one of the dreariest institu- tions that a man can visit, and is always so unless a considerable measure of self-sacrifice has been contributed to its management by some one. In the institution controlled by your honorable body I feel sure that the high- est standard of comiort and of decency in pro- portion to cost was due to the pecuiiar fitness | of Mr. and Mrs. Weaver for their work and their intelligent devotion to it. 1In the discharge of my official duties I have hed imposed upon me at ail times the work of investigating a large institution, and I appre- ciate the difficulties under which you must labor in this work. The conflict of selfish interests is so sharp and the number of un- truthful and complaining’ inmates is 8o large, |+ that it is very difticulc for one outside an insti- tution to get a truthful view of its operations, especially trom former evidence. My own im- Kresaiunsln this matter were so clear that I ave ventured to intrude them upon you. 1| hope that you will do nothing that may de- prive San Francisco of the reputation which it now hus among experts in_such matters of providing both cheaply and well for its old and decrepid poor. Very respectfully yours, A. G. WARNER. RIGHTS OF PASSENGERS, W. E. Johns, the Stockbroker, Scores a Point Against the Octopus. CASE OF BATTERY DISMISSED He Will Now Institute a Civil Suit for Damages for Being Ejected From a Car. Considerable interest was manifested vesterday in the case of William E. Johns, charged with battery upon Conductor C. L. Healy of the Post-street line, which was tried in Judge Campbell’s court yesterday. Johns is engaged with his father, A. F. Johns, as a stockbroker at 623 Market street and he was at one time a member oi the Warde-James Dramatic Company. He lives at 716 Oak street and on Sunday afternoon he left his home to go to the Olympic Club, of which he is a member. He boarded a Hayes-street car and at the corner of Polk street got a transfer to the Post-street line. This was about 1:30 o’clock and the transfer was punched good till 2 o’clock. As there was no car in sight he walked along to Grove street and when Healy’s car came along he boarded it. Healy asked him for his fare and he pre- sented the transfer ticket. Healy refused to accept it, alleging as a reason that Johns should have remained at the trans- fer point; so he demanded a nickel, which Johns declined to give. Healy then threatened to throw him off the car and signaled the gripman, John T. Sulhval.\, to stop. The gripman came to Healy’s assistance and they grabbed hold of Johns and forcibly ejected him from the car. Healy became exasperated at the re- sistance made by Jobns, and as the latter was stepping from the car to the ground Healy struck him on the jaw with his right fist. Healy and the gripman kent hold of Johns until he was about ten feet from the car, and then Johns asserted his rights as a citizen and struck ‘Healy twice in the face. The gripman ran across the street and Johns accelerated his speed by a well-directed kick. Policeman Cough- lin then appeared and Johns was arrested for battery. Jobns was defended by ex-Judge E.D. Sawyer and Frank V. Beli, while Attorney Kelly appeared asspecial prosecutor forthe Market-street Cable Company. For the prosecution Conductor Healy and Gripman Sullivan testified that Johns struck the first blow. Michael Gillotti, a beotblack, on the corner ofGrove and Lar- kin streets, testified that he saw the fieht and saw Johns strike Healy. The defendant testified that Healy used violent language to him, and notwith- standing his protests not to use violence in ejecting him from the car Healy struck him in the face as he was stepping to the ground. Healy and the conductor fol- lowed him for a few feet, and he wrenched himself free and shot_out his right and left into Healy’s face. He had frequently boarded the car at Grove and Polk streets, presenting a Hayes-street transfer in pay- ment for his fare. Johns was corroborated by Albert Windt and Peter Morrin, two passengers who were standing on the rear platform and saw the whole occurrence. The Judge briefly summed up the evi- dence and dismissed the case on the ground that Johns acted within his rights as a citizen 1n defending himself. Johns will now institute a suit for dam- ages against the cable company, which will test the question as to whether a pas- senger accepting a transferis bound by thé rules of the company to use it only at the transfer point aesignated. ued. Dan McCerthy, the horseman, who was ar- rested a few days ago for starving his horses on aranch in the southern part of the State, was sued yesterday in the Justice Courts by L. Richardson of the California Horse Repository for $113 for feed and care furnished to horses stabled in his place. . The consumption of sugar in Japan is rising at a very rapid rate; it was 7'4 pounds in 1888, ‘but iour years later it was Dan McCarthy Is Sue 835 pounds, an increase of nearly 20 per cent. sugar was 93,000,000 pounds, while the ime« port was 253,000,000 pounds. In 1893 the home production of | = - “Yes. Oh,it’s nothing. 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