The San Francisco Call. Newspaper, March 24, 1896, Page 9

THE SAN FRANCISCO CALL, TUESDAY, MARCH 24, 1896, SELLING STOLEN BONDS Why Dr. Benjamin B. Lee Was Arrested and Placed in the Tanks. SCHEME THAT FELL THROUGH. William Loughridge, Alias Rodgers, Supposed to Be a Missouri Bank Robber. The police reluctantly made public yes- terday the story of the man confined in the “‘tanks” for a fraudulent bond trans- action, which was referred to in yester- day's CALL. On February 7 the vault in the State Bank at Savannah, Mo., was cracked and fourteen §1000 thirty-year bonds, bearing interest at 4 per cent, were stolen. The tonds were the property of Mrs. Eliza 3rackenridge of Savannah, who offered a rd of $1000 for their return, in addi- n to the reward offered by the bank icials.. The bonds were numbered 114,- 120,733 to 120,745, inclusive. by telegram from Kansas City to arrest William Loughridge, Jake Weber, alias “Dutch Jake,” and William O'Brien, alias John O’Brien, alias ““Red”_ O'Brien, alias John King, alias “Denver Red,” the last two being expert bank burglars. The telegram was followed in a few days by a letter fully detailine the facts of the bank robbery, and that the three men mentioned in the telegram were suspected of being the burglars. As soon as a description of the bonds was received Captain Lees communicated with all the local banks, requesting to be notified at once if any person attempted to negotiate any of them. In a few days Captain Lees located Loughridge in a house on Devisadero street, where he and his_wife were living with relatives. He found also that he had obtained employment in the office of a Teal estate firm. « Deteotive Harry Reynolds and three men were detailed to ‘‘shadow” Lough- ridge, but no developments occurred till last Friday. On that day A. T. Jobns, stock broker on Market street, notified Captain Lees that Dr. Benjamin B. Lee, 400 Geary street, had asked his assistance in the sale of two of the stolen bonds— Nos. 120,737 and 120,738. Acting on the captain’s advice Mr. Johns requested Dr. Lee to return on Saturday. ' On_Saturday Mr. Johns took Dr. Lee to the Market-street Bank, where the bonds were submitted to Cashier Hopkins, who, by pre-arrangement, asked Dr. Lee to accompany him to the Bank of California, as he was not familiar with the bonds. Detective Ross Whitaker was detailed to wait outside the Market-street Bank and follow Cashier Hopkias and Dr. Lee to the California Bank. Then he was to “shadow” Dr. Lee with the object of dis- covering the person with whom he was dealing, as the Bank of California people were to make some excuse for not pur- chasing the bonds outright. The saying that *‘the best laid schemes of mice and men gang aft agley,” was ex- emplified in this case. When Cashier Hopkins entered the Bank of California witn Dr. Lee he looked around to see it Detective Whitaker was in sight. Whita. ker was standing on the obposite side of the street, but Hopkins did not see him, and fearing that Dr. Lee might get away he called in the policeman on the beat and hada the doctor placed under arrest. This unexpected action of Gashier Hop- k killed the whole scheme and Dr. Lee w burried out to the City Prison and placed in the “tanks.” Detective Reynolds and his men were instructed to arrest Loughridge at once, and they surrounded the house on Devisadero street, about 8 o’clock that night. A search of the heuse was made, but Loughridge had fled. the rear fence and was ordered. to surren- der. He was secured and handeuffed and taken to police headquarters. When searched in Captain Lees’ room a loaded revolver was found in the pocket of his overcoat and a $100 bill concealed in the lining of hiscoat. Heat first denied his identity, saying his name was William Rodgers and that he was from Texas, but when asked if the woman living in the house and known as Mrs. Loughridge was not his wife be admitied be was the man. He dented any knowledge of the Savannah bank robbery and said be did not know Dr. Lee. Captain Heins of the Pinkerton agency was immediately notified of the arrest of Loughridge and hurried to police head- quarters, where he remsained for hoursin consultation with Captain Lees. Loughridge’s trunk was taken from the house on Devisadero street 1o volice head- quarters, but an_examination of 1ts con- tents did not disclose any of the stolen bonds. 4 : 4 The Kansas City authorities were noti- fied of Loughridge’s arrest on Sunday and a reply was received yesterday that an offi- cer would leave at once to take him back. Loughridge does not _propose to go back if he can help it and has retained Carroil Cook to look after his interest. Carroll Cook yesterday applied fox a writ of habeas corpus before Judge Slack, which was_made returnable at 10 o’clock this morning. In order to hold Loughridge a charge of carrying concealed weapons was booked egainst bim. Dr. Lee, it seems, claims that he is the innocent victim of others, who led him to believe that the bonds were good and he thought he was engaged in a perfetly legit- imate transaction. Captain Lees was at first of the opinion that Weber and O’Brien were also here, but he does not think so now and believes that the burglars divided their plunder and parted compeny. Captain Lees last night received the fol- lowing dispatch from L. E. Irvin, Chief of Police of Kansas City, in reference to the arrest of Loughridge “Burglarizing the State Bank o{ Savannah, Andrew County, Mo., on the night of February 7, when $14,000 in United States Government Bonds, denomination $1000 each, were stolen, the property of Eliza Brackenridge. Other property and money taken amounting to about $4000, belonging to various parties. Application has been made to the Governor for a requisition on the Governor of Cali- fornia for the return of William Long- bridge. Complaint filed March 23, before Pembroike Mercer, Justice of the Peace, by E. C. Trumbo, son-in-law of Mrs. Bracken- ridge, at 8avannah,” 3 ,15:8 Captain said last night that hedid not think Lee had received the bonds directly {T Loughridge, but he felt sure rere got in they wer irectly from him. Just W hglha other party was he had not yet been able toffind out. The otherparty is believed to be Alfred Holmes, an ¢x-saloon-keeper, who it was reported on8unday was also in the tanks, from the fack that many inquiries were made at the Gity Prison for iim. Unfor- tunately the réport was not true, but the police have been and still are-hopeful of being able to apture him. Holmes, it is suid, was the nlan who introduced Lee to Mr. Johns, the stockbroker. Holmes and and two or three others are believed #o \belong to an organized zang of as clever ponfidence operators and all-round crooks s ever existed on this continent. Loughridge, Jake Weber and “Red”” O'Brien also members of the same gane. Holmes was o cigar arummer when he came to this Oii veral _vnn#o._ Bl, and George Lablshche, the * ‘% opened a saloon cnStockton street. was known to be 2 pal of Louis Matheny and Joe Twohill, thel burglars, the latter, it will be rememberedy having been Killed in Oakland during & burglery there which Matheny was implicated. March 11 Chief Crowley was notified |- s=POW e ) HOSIERY AND UNDERWEAR! At 15 Cents a Pair. CHILDREN'S FINE RIBBED BLACK COTTON HOSE, heavy weight, double knees, heels and toes, fast black, good value for 20c. At 25 Cents a Pair. MISSES' FINE RIBBED BLACK MACO COTTON HOSE, full finished, double knees, heels and toes, Hermsdorf black, regular value 35¢ and 40c. . At 25 Cents a Pair. LADIES’ FINE MACO COTTON HOSE, double heels and toes, Hermsdorf dye, black and assorted tan shades, good value at 35c. At 33y Cents a Pair. LADIES’ RICHE'.IEU RIBBED LISLE- THREAD HOSE, high-spliced heels and toes, Hermsdorf dye, black boot and colored top combinations, also all black. extra good value at 50c. At 25 Cents Each. CHILDREN'S JERSEY RIBBED EGYP- TIAN FLEECED COTTON VESTS, high neck, long sleeves; pants to match; regular value 40c. At 50 Cents. LADIES’ SWISS-RIBBED FRENCH Hel was discovered in the act of climbing over | LISLE-THREAD VESTS, low neck and sleeveless, silk-braided neck and arms, regular value 75¢. At 75 Cents Each. LADIES' JERSEY RIBBED WOOL AND COTTON MIXED VESTS, high neck, long sleeves, and high neck, short sleeves, guaranteed non-shrinkable, in white, natural and pink color, regular price 90c. At 50 Cents Each. LADIES' JERSEY RIBBED EGYPTIAN COTTON UNION SUITS, high neck, long sleeves, cream and natural color, regular price 75¢c. CORSETS! CORSETS! At $1.25. LADIES’ SATEEN CORSETS, extra long waist and high bust, firnly and closely bouned, three side steels, silk flossed, perfect fit guaranteed, black and drab, regular price $1 50. rane - NEW RIBBOS! At 50 Cents. FANCY DRESDEN RIBBONS, elegant designs, 314 inches wide, value 70c, will be offered at 50c a yard. At 65 Cents. FANCY DRESDEN RIBBONS, in any _number of designs, value 90c, will be offered at 65¢ a yard. At 25 Cents. 3%4-INCH ALL-SILK, BLACK SATIN AND GROS-GRAIN RIBBONS, will be offered at 25¢ a yard. At 35 Cents. 44 INCH ALL-SILK, BLACK SATIN | AND GROS-GRAIN RIBBONS, will | be offered at 35c a yard. PARASOLS! PARASOLS! At 50 Cents. CARRIAGE PARASOLS, in Gloria, in a;:‘ck only, unlined, will be offered at At 75 Cents. CARRIAGE PARASOLS, in Gloria, ruf- fl:c;s:immed, unlined, will be offered al 5 % At $1.00. CARRIAGE PARASOLS, in silk Gloria, lined in black, will be offered at $1. At $1.50. CARRIAGE PARASOLS, in silk Gloria, dg\;})lsob‘ rufile, in black, will be offered At $2.00. . CARRIAGE PARASOLS, in silk Gloria, double and treble ruffle lined, will be offered at $2. NEW TO-DAY— e T RFUL LEADERS IN EW SPRING GOODY! DRY GOODS. e e e e e A e e e NEW GOODS WERE NEVER SOLD SO LOW AS WE OFFER | THEM THIS WEEK, but our colossal Spring and Summer stock was | bought at such figures that we are enabled to enforce our determin=~ ation TO ATTRACT THE ATTENTION OF EVERY DRY d00DS CONSUMER IN THE CITY BY AN OFFERING THAT TOTALLY IECLIPSES ANY OF ITS PREDECESSORS, embracing, as it does, | a vast assortment of THE LATEST AND MOST ELEGANT S'l"ILISSI AND NOVELTIES in Dress Trimmings, Laces, Lace Neckwear, | Ribbons, Parasols, Gloves, Ladies’ Men’s Furnishings, at prices which make them * BARGAINS THAT WILL ELECTRIFY SHREWD BUYERS! ‘Waists, Hosiery, Underwear and | MEN'S % BOYS FURNISHINGS! At 15 Cents, dozen ALL-SILK WINDSOR SCARFS, in assorted opera shades, navy and whate fizurea, black, light, fancies, etc., extra value for 25¢, will be offered at 15¢ each. At 35 Cents, 125 dozen MEN'S AND BOYS' OVER- SHIRTS, in Madras and twill shirt- ings, extra value for 50¢, will be offered at 35c each. At 60 Cents, 52dozen MEN'S LAUNDRIED “STAN- . LEY”’ SHIRTS, with collars and cuffs attached, in a choice variety of new g&tterns, worth §1, will be offered at each. At 25 Cents. 150 dozen BOYS' CALICO AND CHEV- JOT WAISTS, made with two pleats in back and front, in a variety of hand- some patterns, worth 50c, will be of- fered at 25¢ each. - At 35 Cents.. 75dozen BOYS' FAUNTLEROY BLOUSES, in very handsome patterns and all sizes, worth 65¢, will be offered at 85¢c each. A, At 50 Cents. % dozen MEN'S FANCY TRIMMED NIGHTSHIRTS, made of good, heavy muslin, and trimmed with silk and embroidered trimmings, extra value _« for 75¢, will be offered at 50c each. At $1.00. dozen MEN’S FULL- FINISHED TWELVE-THREAD BALBRIGGAN “UNDERSHIRTS AND DRAWERS, “Norfolk and New Brunswick manu- facture,” regular price $150, will be offered at $1 each. 200 ki GLOVES! GLOVES! . At 45 Cents. 2000 pairs 5-HOOK UNDRESSED KID GLOVES, in mode, tan and slate shades, regular value $1, will be offered at 45¢ a pair. At 50 Cents. 1000 pairs BIARRITZ KID GLOVES, col- ors mode and slate, regular yalue 85c, will'be offered at 50c a pair. At 65 Cents. 1000 pairs 8-BUTTON LENGTH MOUS- QUETAIRE UNDRESSED KID GLOVES, ip tan colors and black, regular value $1, will be offered at 65¢ a pair, At 65 Cents. 1000 pairs 6-BUTTON LENGTH MOUS- JUETAIRE CHAMOIS SKIN GLOVES, in natural- color and white, regular value $1, will be offered at 65ca pair, At 75 Cents. 950 pairs 5-HOOK KID GLOVES, <olors and black, regular value $1 25, will be offered at 75c a pair. At 90 Cents. £00 pairs 4-BUTTON KID GLOVES (large buttons to match gloves), all shades and black; regunlar value$l 50, will be offered at 90c 8 pair. At $1.00. 200 pairs 8-BUTTON LENGTH MOUS- QUETAIRE UNDRESSED KID GLOVES, in colors and black, regular value $1 50, will be offered at $1 a pair. LACE DEPARTMENT! At 25 Cents a Yard. BUTTER NET-TOP POINT VENISE LACE, 5,6 and 7 inches wide, regular value 50c. At 25 Cents a Yard. BATISTE L ACE INSERTION, linen shades, 1!4 inches wide, a variety of patterns. At 35 Cents a Yard. APPLIQUE LACE, in cream and butter, 5)4 inches wide, regular value 50c. At 40 Cents a Yard. ISIGNY POINT LIERRE LACE, 9 inches wide, regular value 75¢c. At 25 Cents a Yard. CHANTILLY LACE, all silk, 5, 6 and 7| inches wide yard. ; special values at 25c a At $1.25 Each. BATISTE LACE COLLARS, linen shade, regular value $2, - EMBROIDERIES! At 15 Cents a Yard. CAMBRIC GUIPURE EMBROIDERY, regular value 25c. EANTRERCHIEES At 12% Cents Each. 500 dozen LADIES’ SHEER WHITE SCALLOPED EMBROIDERED HANDKERCHIEFS, regular value $3 a dozen. VEILING! VEILING! NOVELTIES in Chenille Dotted, Fancy ‘Mesh, Chiffon, Bordered and Trimmed Veils; also a large variety of Cream ‘Washed Veils at the lowest prices. Murphy Building, Market and Jones Stregfs, 8 Murphy Bullding, Market and Jones Strests. Murphy Building, Market and Jones Streets. Murphy Bullding, Market and Jones Sireets. Murphy Building, Warket and Joues Streets. was also a pal of “Dink” Wilson, Larry Brown and “Court’” Thompson, all clever crooks. . About seven years ago Tommy Eilis and his brother George, who were dice sharp- ers, beat a prominent business man in Holmes’ saloon out of $7000 by shaking dice. He had $700 in gold on him and for the balance he gave them his notes. Lee was next morning sent to the business man to collect the value of the notes, but he had learned of the characier of the brothers Ellis and refused to honor them. There wasa big row over the affair, but the business man carried his point. Subsequently George Fair, a notorious | pickpocket, was arrested for vicking a woman’s pocket on a %Geary-street car. Lee interceded for him and tried hard to get him acquitted, but he was convicted and sent to San Quentin. Holmes lived with a woman named Amy Howard at 107 Ellis street. Four years ago he fired a shot at her, but missed her. He was arrested, but as she refused to prosecute him the case was dismissed. Four or five years ago Thompson and Jordan, another. confidence man, assisted by Lee, put up a ;’nb on Ned Foster. Ti:'eyrepresente to him that a business man was anxiousto put up $10,000 0on a footrace, backing a certain man, and as they knew of a sprinter who could easily beat him it would be a sure thing. .They induced Foster to put up $4000, which was handed over to Thompson as referee and Thompson absconded with the money. Foster made such a “‘kick” that he got $2000 back. Clinton Smith, alias Green, was another of the gang. He was arrested about three years ago for assault to murder, the com- plaining witness being Mrs. Clande Lee. Jordan went on his bond, and Smith dis- appeared. Jordan wasarrested for perjur: in connection with the bond, but mm& to beat the case, and left the City. and Smith shortly afterward swindled a man in Stocktor by the *‘gold brick” method and are now serving time in Folsom. The police know of other confidence tricks in which Holmes and Lee have fig- ured. Lee’s assumption of the title *‘Dr.” was simply a cloak. Two other men were arrested last night in connection with the bond transaction and Elaced m the “tanks.” It was im- possible to procure their names, but it is thought that one of them is Holmes. THEY'RE. GOING - FAST. The Whele Town Talking About That Dictionary Distribution. That San Francisco .and surrounding communities are quick to appreciate anything meritorious in a literary or educational way . is clearly shown by the alacrity with which read- ers have bastened to secure one of those introductory sets of the new En- cyclopadic Dictionary which the Newspa- per Syndicate is distributing on nominal terms, so that the work may find a place in the homes of cultured and discriminat- ing people, there to be compared with other dictionaries and encyclopedias, A limited number of sets of four volumes each were offered a few days since, and it is quite safe to say there are now very few of them left. It is expected that the last of them will have been allotted by to-morrow night, possibly by this evening, after which time the price will be advanced. . Applications have been numerous, not only From City folk, but from out-of-town people, who right!y appreciate the oppor- tunity afforded. The Syndicate headquarters, at 36 Mont. gomery sireet, are thronfed throughout the day by those desirous of inspecting and securing the work. £ Tha rule “first come, first served,” is | g strictly followed, which means thai those who first apply, either personally or by lester, with their initial payment of §1, get the volumes, ! - To say ‘“they’re going fast’’ is strictly within the truth, for the distribution has. for some days been the talk of the town, and wiil close all 00 soon for those Who | here now, w hesitate or delay. POOLMEN MUST GIVE UP Important Decision- by Judge Low on the Downtown Resorts. MONEY SENT BY TELEGRAPH. The Judge Holds That This Process Is Merely a Subterfuge to Evade the Law. An important decision was rendered by Judge Low yesterday morning in regard to the poolroom question, which shatters the only hope left by the poolsellers, under the recent Wallace decision. Last Thursday, in the case of James Bowlan, 1t was argued by Attorney Julius Kahn that if it was a crime to gamble on a horse race the parties who should suffer ‘were the ones who mzde the bets; and not the commission men. -The San Jose pool- room men, with whom the money had been placed through the Postal Tetegravh Company, and the patrons of the commis- sion-houses heré, were the parties en- gaged in the aileged violation of the ordi- nance. The poolroom men here as com- mission men’ stood on - identical grounds with'the men who bought and sold stocks for another. The decision of Judge Low is as follows: The defendant in this case is charged with selling a pool-ticket outside of the racetrack in this City and County in violation of the order of the Bosra of Supervisors, No. 2861. His defense is that the bet was made by the complaining witness with the bookmaking firm of Messinger &Co. 6f San Jose, and that he, the defendant, and the firm with which he is empioyed, acted as agents for the bettor solely. It is claimed by the defendant that the decision ip the case of lette vs. the Commonwealth, decided by the Supreme Court of Appeals of Virginia and reporied in the Southeastern Reporter (Vol. 17, page 506) goverhs this case, and that he is not guilty of violating this ordinance because the bet, as he claims, was made in San Jose and that that | is where the bet was. accepted. That decision in substance is that a man in the State of Vir- ginia, where betting on horseraces is prohib- | ted, who sends money to another State where horseracing is not prohibited, either by tele- graphic transfer, or sends it by express, for the gl:r‘;ose of playing it on a horserace, and the bet Is lmg!ed there, that the bet is made in that case where it is accepted, viz.: where betting is not prohibited, and that the man who sent it from Virginia is not guilty of vio- lating the law of the State of Virginia. There is no question about that being the law, of course. y Betting on_a horse race is not prohibited in this State. This case is a little different from the Virginia case in that respect, because bet- ting on horse races is not prohibited by statute in this State. But the Board of Suvervisors has seen fit, for reasons which seem proper to them, to prohibit the selling of pools on a horse race in sany other piace in this City and County other than on & racetrack. Now this ordinance, commbonly known as the Ellert ordinance, re- cites as a reason for its passage as follows: ‘WHEREAS, It has become apparent that the practice of gambling on horse races has become alarmingly prevalent, and is the cause of debauch- ing many of our s and young men, rendering S Bt and whereas, al on, w all its viclous resnlts, is allowed in all jts all “features 10 occupy places in te busi- ness portions of our City, enticing our outh ioto habits which ulti effect their ruin and Legisiature of the Cl ag follows:” therefore the Francisco And then passed on horseraces to and County of San 1s act, which limits betti; e track. There is a line necess: hich old that 1 such ‘Tases gambling of different kinds may be limited to certain places. Thst question, however, is not raised in this ¢ase. ‘The defense here is that no betis made in San Francisco; - that the poolroom people do not make bets with their patrons, but simply re- ceive the money on commission and transmit it to San Jose and there bet it for them outside tne_jurisdiction of tliis City and transact the business there. If that is so. then, of course, no offense has been committed in San Fran- cisco, It then comes down tosimply a ques- | tion of fact as to what they are realiy doing. What are the tacts, then, as shown by the eyi- ence, both parol and documentary, in this case The defendant received the money of the complaining witness in this case and issued a | card to him, designating on that card what | that bet was. It wasa bet on a horse called | Cabrillo of 25 cents straight—that is, that the | horse Cabrillo would win the race; and it was | made in coaformity with the odds posted up | in the room of the defendant here in San Francisco. When the money was placed an | additional 5 cents was claimed by him as a commission for transmitting the money to San Jose, Itis claimed here that a like amount was required on every bet, whatever the amount of the bet might be. 1 understand from the evidence that whether the bet was 25 cents, $25 or $100 the same amount wai Ce- manded, viz.: 5 centsand no more. That is, the compensation is not regulated by the value of the services rendered. And that would lead me to suppose that this 5 cents was mere- ly put on as & subterfuge 1o takc the case out of the provisions of the ordinance. Because, if they were charging for their services they cer- tainly would charge in proportion to the ser- vice rendered, A man certainly would not charge the same for makinga bet of 25 cents and transmitting the 25 cents to San Jose and placing it on 8 race and going to the ex- pense of teicgraphing, as he would for making B bet of $25 or $100 and transmitting that. The evidence shows that it costs about 1} per cent for transmitting the money down to ban Jose and 114 per cent for transmitting back the winnings. It would be worth more to send $25 to San Jose than 25 cents. The evidence shows that the telegraph eom: charges 1!5 per cent for transmission. at would be, on $35, 374 cents, and if the bettor won at even money, another 75 cenfs would have to be paid to the telegraph company to send the money back from San Jose. Then there is all the expense of the leased wire and operator, who 1s engaged by them, to say nothing of the rent of the place of business here in the City, clerk hire for making out betting-sheets, their printing, and all these penses of running the business, which would amount to many dollars per day. Of course he gets 5 per cent additional from the firm in 8an Jose, and that leads me to think that hav. ing recefved a commassion of 5 per cent from the firm in San Jose, it makes the people here the agents for the firm in San Jose, and they are acting here in San Francisco as their agents, and the betting is closed here in San Francisco through thisagency here. The fourth race, the one in which this bet was made, included ninety-one bets—that is, if even counting the two bets on a ticket—that is what I just asked -the witness, if he con- sidered straight and place two bets, or only one bet, and he said, *“He would charge cents for both of them, giving him the benefit of both place and straight; there were ninety- one bets made on the fourth race, aggregating F}l7 301 The amount won by the bettors was #6750, lea *ete., ncidental ex- ving a profit to the bookmakerof ust $50. Who made this? The witness jnst said that Messinger & Co. of San Jose made that, less the commission they paid him, for. obtalning these bets for them. The detendant claims that be did not make that $67 50, but simply made 5 per cent on those amounts of money, and in addition thereio 5 cents on each bet. Now, 5 cents on each of the ninety- one bets would amount to $4 55. But, as he claims, he had to pay out $1 90 to the tele- graph company to send 8117 50 to San Jose, and at the same rate it would cost $1 01 to send back the 67 50, this $2 91 would come out of his profit of $4 55 and leave only $1 %4 on that business transacted on that fourth race. Assuming thet they made about the same on the s1X races that day, then they would have made about $9 84 as the day’s profit. M singer & Co. paid them 5 Ie: cent on $117; that would leave $5 85. Add that to the other, the $1 64, and that would be $7 49 for irans- acting that volume of business, out of which must be paid ali these expenses, 2 Mr. Schwartz says in his testimony: “I getsa commission from them for all the money I send.” Itseems to me that that would consti- about where the bet was wade, and if he de- rived any information from' the back of that ticket in regard to their way of doing business his information was_derived after his bet was made and after his ticket was handed to him, and not before. s Did you get this card before you made t? A.—No, sir. .—~Then you h no chance to read that until after your transaction,was complete? A—Nat until aiter my money was passed to them. “Q.—Then they handed you a piece of paper similar to this one? A.—Yes, sir. “Q.—You had no chance to read thatcon- tract until they gave it to you? A.—No, sir.” But it does not make any difference what 15 printed on this card, or that they have as many signs as they have put up in the betting- room that there is no betting. The question here is simply what they are -actually doing. You could not say if you went into a place where faro was being played that because there were sighs placed about thé room saying that no faro-playing was to be permitted that they were not actually playing faro. That would be absurd. It euts no figure what signs they have placed about the room. The ques- tion is, Did they do any betting? Were they seiling’pool tickets? Aiter all it.comes down to the original prop- osiiion: Was the defendant and his firm mak- ing a book on the race at Ingleside and selling pool-tickets on the same? I am satisfied be- yond a reasonable doubt that they were, and that the San Jose connection with the firm of Messinger & Co. was _established merely to get the track odds ae telegravhed from the track 1o 8an Jose, and such other information as to jockey, and so forth as was necessary to make the bets. Thatany man or. firm would go to the trouble and expense of procuring bettors for some book-making firm in San Jose without any interest other than this 5 per cent, which is mentioned here, is simply absurd, use it would not pay todoit. It would not half ay the expenses of running this place alone. P satistied that this eircumlocution office, with which Goldiree & Co, are doing busiuess (that office in San Jose which could be properly styled “a circumvention office”) was estab- lished for that purpose. : It reminds me very much of this class of liquor cases where they sell you a cracker and give away a glassof whisky, or ¢laim that they a1e acting under & restaurant license be- cause they have & gasstove on which a chop or an egg can be cooked. It is simply an effort to do indirectly what the law says shall not be done. The law frowns upon all such at- tempts to evade the plain ‘meaning.of the statutes and strip the transactions of all sub- terfuges. Nov‘fix what Mr. Schwartz says is true, that they are plylnE him a commission, then thev are the agents here of that firm, and every bet they receive at the window they receive as s bet and as the nt for that firm, and the bét is taken and accepted right there and theu on the spot. A mn cannot go outside of the State or out- side of the city where a thing is prohibited and leaye a man in that place te do that prohib- ited business, and then simply say he is inno- cent because he lives in another place where it ig not nrohibited, and consequently the law has not b&n broken. There are two views to takeof this. One is, that they are acting as the agent, and if 8o the betting 15 done here in Francisco. Iam satisfied this whoie method is pursued simpl; fo¢ the purpose of avoiding the ordinance, and they are sefling pools in this City in violation of that ordinance. Thére are several other things that I could say about it that lead me to think so in regard jo these transfers. It is carried on. in such .Y“ ll.mnl& to try and show that they are doing itin San Jose. All these things are perfemxl useless—the sending aticket the day after the money is paid out, and so on. The defendant was found guilty and or- dered to spgur for sentence this maming. ‘The other defendants are I. Goldtree, B. Messinger, Frapk 8mith, L. Rothschild, Hugh Rothschild, Mark Jacobs, J. Messin- ger and L. Black. KING'S’ DAUGHTERS ASK AID. An Appeasl for the Home for Incurables Sent East. “ The directors of the Kings Daughters Home for Incurables decided at its regular meeting yesterday to rent a flat at 208 Francisco streét for the accommodation of six inmates. The old building is capable of no further expl.nllcninnd it is gverflow- tute, as 1 said before, an “I’ and that the bets would be haa :u‘l:‘lgn nlo‘ngghcu i: '{rnu:rlp}, Iolhnfi. he m‘fi " Court—Who is the bet made with? «Mr. Kashn—1It is made with Messinger & Co. of Jose. Thatis, the bet is by the complaining witness with them. 3 “The Court—This man is not betting with doo 4 Co.? : N ahn-cie is told before he gets the ticket th=t :his firm don’t do any betting, and hat his bel is with Messinger & Co, of San ose. . + The evidance shows the ticket was made out |, and given 10 him without anything being said - | central council, which will “‘f with its sixty-eicht inmates. ~ ! "It was arra; that & letter presentin, the needs of the institution be sent to :hf celebrate. the tenth anniversary of the of the | ing rder at New York April 9. A stron, :udn!o‘r l‘lg in the flm:m.wfafiz will be made. 5 ‘mas on January 16. Test it any pil largest piece 0 - way you'lik Measure it- and you will find LADIES WA At 50 Cents. LADIES' WAISTS, laundried collar and cuffs, made of fancy striped and chefiked material, will be offered at 50c each. At $1.00. LADIES’ SHIRT WAISTS, made of fancy dimities and lawns, laundried collar ! and cuffs, made in the latest style, regular price $1 50, will be offered at §1 each, | CHILDREN'S DUCK SUITS! At $1.50. CHILDREN’S SUITS, of fancy striped ducking, full skirt, blouse finished with deep sailor collar, sizes 4 to 10 years, will be offered at §1 50 each. At $2.25 and $3.00. | CHILDREN'S SUITS, made of English | Gallagea, In fancy stripes and white ducking, made with sailor blouse and full skirt, will be offered at $225 and $3 each. NEW DRESS TRIMMINGS ! In Colored and Jet Spnm'zled Gimps, consisting of the latest styles, in all widths, and in an endless variety of solid and mixed shadings, at lowest’ prices. In Colored and Jet Bead and Spangled Yokes, and with Epaulettes, also the Marie Antoinette design in all the new colorings and a vast collection 'of pat- terns, at lowest prices. New Dress Buttons in Enamel Dresden patterns, latest styles; also a large as- sortment of Ball and Flat Gilt and Pear! Buttons, so much worn now for. trimming. LADIES’ BELTS, in Silk, in black and. colors, also in sfiangled, all shades, and in two widths, and in Gilt and Silver, Tinsel and Leather, a big va- riety at lowest prices. 3 Ladies Ostrich Feather Boas ! 18-iuch.' in, black, white and gray; 36, 45 and 54 inch, in black; finest quali- ties, best makes and lowest prices. - Murphy Building, Market and Jones Streets. e fGOOD tobacco The Armenian church celebrates Christ- | tionof a ¥ ons f lnwu'mk‘ Pimples, Unfitn: ceug)udun. I ness ‘l‘l’u: _ever sold for 10cents ) ANHOOD RESTORE “CUPIDENE" " This great Vegotable uflmnrrm’" ip-. ‘V.‘ qulfllyuu.“ EM all ner- the. , Seminal !nfla Debility, ess to Marry, Exhavsting ey % stops all losses by day or night. ' Prevents quick. which if not cheeked B BEFORE ano AFTER 21 rrorso? Impotency. CWPIDENE cleanses tholiver, the CUPIDENE strengthens. Rt ‘weak organs, e ‘The reason sufferer- are not cured by Dooctors is because ninety per cent are troubled 2 rn-‘nwm-. cnvggmafimz:;fimafilgwmg mwlhn. mnu‘ B0 A omes e for $o ey Al Bend for PRER cirealar and tesrosnial A, Address DAVOL MEDICINE CO., 552 Market street, San Francisco, Cal. For sale by 2 Ok EITA KM AUY, 110 Powsll street. COSMOPOLITAN, WILCOX COMPOUND Oppasite U. 8, Mint, 100 and 102 Fifih st, an o o L PILLS ST s st Tk "Look for the coach Inl\’l;}xa the name of the Cos- X SPECIFIQ 4. for Woman's Safequard. WI €0., 228 SOUTH EIGHTH ST., PHILADA., Pda;