The San Francisco Call. Newspaper, March 25, 1896, Page 16

16 THE SAN FRANCISCO CALL, WEDNESDAY, MARCH 25, 18356. F OUSTED FROM OFFICE, Sheriff Whelan and Re- corder Glynn Ignore the Law. COLLECTION OF FEES. MAY B A Grand Jury Expert in Pos- session of Facts and Figures. THE ADVICE OF ATTORNEYS. Protection of Bondsmen Assigned as a Cause for Disobeying the Fee Law of 18¢5. Expert inquiry under the direction of | has established the fact the Grand Jur, that Sheriff W of this City and County have ignored the fee bill passed by the Legislature of 1895 and are collecting the high fees which that law abolishea. offer for disregarding the law is to the effect that their attornéys have advised them to ignore the law in order to protect their bondsmen. There is a strong sentiment in the Grand Jury in favor of proceeding against the Recorder and Sheriff for williul miscon- duct in office. Members of tne Grand Jury entertain the notion that the officers of this Cify and County should obey the law as they find it and not seek the advice of private attorneys for a pretext to vio- late it. One juror said: “It is the duty of the officers elected to serve the people to exe- cute the law, according to their oath of ofhee. It not their province to decide n the constitutionality of an act passed the Legislature. The law is constitu- tional until the Supreme Court de- clares it to be otherwise. These Sheriff and Recorder— officers — the hould be impeached and removed for 1" misconduct. The people who pay g instruments in the Recorder’s oi- me rights which should be re- The Legislature thouzht the fee for £il fice have spected. system exorbitant and so diminished the charges, but officers who want to maintain a large clerical force consult their attor- e Grand Jury engaged as an_expert to look progress of his work thkat County Clerk Curry was obeying the law, but that the Recorder and Sheriff were violating it. When a man takes a deed to the Record- er's office a charge of $2 25 is made for re- cording it. The law passed by the Legisla- ture of 1895 fixes the fee at $1 75. In the Sheriff's office the charge of $3 a day for a keeper is collected. The law fixes the amount to be charged at $2; but the Sheriff, on the advice of his attornev, sees fit to disobey the law. That is the way the subject 1s presented to the Grand Jury. The expert, under the.direction of the jury. S report of all fees collected w law went into effect. One the report will present the properly charceable under the and another column will contain showing the amounts collected. ce between the aggregate of 18 will present the amount xtorted from the people. Mr. Dann is not an impulsive, flyaway expert, but a calm and conservative busi- ness man. His report will noi be sensa- tional, but the disclosures already made e little room to doubt that a flagrant ion of the letter and spirit of the law has been committed. When ail the facts are submittsd to the Grand Jury that bodv may report an ac- cusation to Judge Slack of the Superior Court. In the accusation against Thomas R. Ashwerth, Superintendent of Streets, which was presented by the Grand Jury of which Oliver Eldridge was foreman, the accused was not called to explain his al- leged official misconduct, but on his own motion the jury heard his explanation. Doubtless Sheriff Whelan and Recorder Glynn will be given an opportunity to ex- plain why they have set the law aside. The present Grand Jury has not been sounding itsown praises or heralding itself as the greatest body of reformers ever im- paneled for jury service, but it has been quietly at work collecting facts and figures to justify its action. The effective work of the session is gust now beginning, The fund authorized for expert examination has been reserved for practical work and is now available. Within the next two weeks Mr. Dunn at the City Hall will be re-en- forced by other experts. TURN DOWN BROEMMEL Directors of the German Hospi- tal Sustain the Superin- tendent. A Vote of Confidence Is Passed in Face of the Opposition of the President. At a meeting of the board of directors of the German Hospital held last evening the resignation of Superintendent which had been tendered to, President Broemmel some days previously, was not accepted. This action is calculated to create the widest kind of a breach in the board as well as continued friction among the offi- cers of the hospital, uniess President Broemmel himself shall resign. There have been indications of trouble for some time past, indeed since President Broemme! was elected. He succeeded Priber as head of the institution in Jan- | uary last. He immediately instituted a policy of surveillance of the superintend- ent and other officers that resuited a few days ago in the flat refusal of the superin- tendent to observe some condition re- quired. “Then I shall have to ask for your resig- natign,” said the president. well; here it is,” said Brown, drawing the document from his pocket, for he had it already written out. The resignation, under the riles, had to lan and Recorder Glynn | The only explanation they | He found in the | Brown, | be brought before the board of direc- tors, and, as stated, that body last evening refused to accept it. The president is also chairman of ° the board and has a vote, but the majority did not sustain him, and instead substantially gave a vote of confidence to the superin- | tendent. Brown is a Grand Army man and very popular. SAID SUTRO WAS INSANE. tExclfin‘ Meeting of the Board of City | Hall Commissioners—A Wordy War. The Board of City Hall Commissioners, consisting of Mayor Sutro, Auditor Brod- erick and City and County Attorney Cres- well, had its usual weekly row yesterday, the proceedings being unusually lively through the Mayor charging his colleagues with being in a job and Mr. Creswell re- torting by questioning the Mayor's sanity. The trouble arose over the directory which the Merchants’ Association desires to put in the corridors of the hall for the guid- ance of strangers to the various depart- ments. Messrs. Broderick and Creswell con- tended that it was an insult to the com- mission for outsiders to offer to pay for and 1nstall the directory. They stated that the plan of having a directory had been discussed on numerous occasions and that it bad been decided to have one when the ball was finished, not such a one as is proposed by the Merchants’ Association, but a much simpler and more effective plan. Mayor Sutro then asked what ob- jection there was to receiving assistance from the Merchants’ Association. Mr. Creswell intimated that he consid- ered himself competent to take a hand in the matter and was not thankful for out- side interference. “But whnat reason have you for object- ing?”’ asked the Mayor in an indignant tone. *1 have given you a reason,’” replied Mr. Creswell. “‘Well, it looks to me as if there is a job behind this!” exclaimed the Mayor. | *“Do you mean to charge that i have any intention to do wrong?” said the attorney, somewhat fiercely. The Mayor replied that he was not mak- ing any charges. ““Well, I think,” said Mr, Creswell, “‘that it is about time to call in the Lunacy Com- mission to pronounce judgment on you. Your mental faculties are evidently on the | wane.” | Withont taking any apparent notice of the remarks of the attorney Mayor Sutro took his usual shy at the railroad company and jobbers generally, and the meeting adjourned without any action being taken. | Auditor Broderick und Attorney Cres- well have ahout decided to allow the Mer- | chants’ Association to put in the direct- | ories and when their own plans are ready for adoption quietly remove them. 154 YOUKG SOUBRETTE | Miss Floy Ballinger Will Tour | With the Milton Nobles Company. | The Daughter of a Well-Known News- paper Man—The Debutante Is Only Seventeen. The latest California addition to the ranks of the professional stage is Miss Floy Ballinger, daughter of the late Frank Ballinger, who opens in Portland next week with the Milton Nobles Company. Miss Ballinger, who was just 17 on St. Patrick’s day, is a tall, slim brunette, with large dark eyes and a head of fluffy black hair, which she wears in a girlish way, tied at the nape of her slender neck. She is aimost chiidishly simple and unaffected in her manner, but beneath this lack of sophistication Miss Ballinger has her full share of Western determination and pluck. When Floy was only 7 years of age her father died, and she has grown up with the determination of earning her own living. Frank Ballinger was a well-known newspaper man, who was at one time City editor of Tx He was exceptionally bright and gifted, and was only 33 years of age at the time of his death. Having de- termined to earn her own living, Floy Bailinger’s thoughts turned naturalty to the stage. At first there was a good deal of opposition to overcome, but her mother’s consent was finally won, and she made her first appearance before the foot- lightsin the periormance given last an- tumn by the Columbia School of Dramatic Art. Since then she has gone on working, and has just become a graduate of the school. Little things pive an index to character, | and Miss Floy Balhinger's amiability was at once apparent last night when she was | seen between the acts of “Sinbad.” She had no covering to her pretty dark head, | and in her lap was an enormous hat of the | gigantic theater variety. “I always take | my hat off at the play when any one is sitting behind,” she observed cheerfully, | when questioned on the subject, *it seems | ridiculous to block up the view of the stage with hats.” By which remark it Jwill be seen that Miss Floy Ballinger is something of a philosopher, as well asa romising young actress. When asked about her ambitions she said that soubrette worz had always been considered her specialty. *‘The part [ am rehearsing with Milton Nobles is that of | the Irish maid in ‘For Revenue Only.’ | There is a little singing and a little danc- ing in the role, and I have to talk with the | brogue, which' comes quite easy, perhaps because I'was born on St. Patrick’s day. | Later on I may do something more | ambitious than soubrette work, but while Iam so young it is no use attempting any- | thing heavy."” | “Milton Nobles is delighted with Floy | Ballinger’s talent. He and his wife, Dolly Nobles, are taking a company to | Portland, Seattle and the other larger northern towns, and the California girl | will play the roles which Florence Throp; played with Milton Nobles at the Grand. Floy Ballinger's mother, Mrs. Watson, | will accompany her daughter on the tour. TIRED OF WORK AND LIFE. | Joseph Quadro Swallows a Dose of Rat Poison. Joseph Quadro, an employe in the coffee and spice mills of Bertin & Lepori. 518 | Washington street, swallowed a boxful of | *“Magic Rat Poison’ last night in the saloon at 804 Pacific street. He was hur- | ried to the Receiving Hospital in the patrol-wagon and Dr. Stice applied the usnal remedies effectuvally. uadro is a man about 50 years of age ! and lives at 837 Pacific street. On being asked why he had swaliowed the poison he said he was tired of work and tired of Iife. He plainly told Dr. Stice that he would buy another box to-day and swallow its contents and if that did not Kill him he | would next time swallow a dozen. —_————— | Mrs. Hoyt Wants Alimony. | Hereward Hoyt, recently divorced from his | wife, and still more recentiy married 1o Mrs. | Auzerais. also & recent divorce. has been re- | minded of his former union with Lilian Bea- | dard by a petition for alimony which she has | filed. Hoyi has been orderéd to appear in court and show cause why he shouid not pay alimony to his ex-wife. i Highest of all in Leavening Power.— Latest U. S. Gov’t Report NO al Baking Powder ABSOLUTELY PURE THE BURSTING OF A BOMB e Story of Consternation of the Lawyers in the Fair Will Case. OPPONENTS COME TOGETHER. But One of the Executors of the Pencil Will Refused to Be Sum- marily Sidetracked. You don’t quite understand the compli- cation into which the Fair estate or the Fair wills have fallen? It was not to be expected. There are some lawyers who don’t quite understand it as well as they would like. Itis quitea pretty story —interesting as showing the possibilities of wills and lawyers. A famous lawyer is credited with the those who were named in_ the other trustees except Bresse and Goodfellow, and substituted for them Dr. Marc Levingston. This will was hailed with rejoicings as being ‘‘the last will and testament entirely written, dated and signed by the hand of the said James G. Fair himself,” as the petition says in which it was presented to court. The petition was that of Charles L. Fair, Theresa A. Oelrich and Virginia Fair. They asserted upon their oath that they believed this later pencil will was the last will and testament of James G. Fair, and they asked that letters of administration be issued to them. To this were signed the names of their attorneys, Knight & Heggerty, Lloyd & Wood, Garber, Boalt & Bishop and Wilson & Wilson. So much for that. The lawyers are kept right along thinking. 'he act of the fieghlnun referred to, especially secured, was not to be aliowed to go to waste. Proceedings were begun to secure a“decision as to the validity of the trust clause in the earlier will. Judge Slack decided that the trust was invalid so far as the real property was concerned. This was very satisfactory and the ob- jectionability of the earlier will took to diminishing. Stiil there was the fear of the Supreme Court before them. covered the magnificent proportions of the gage of battle. They had seen a law passed.in the land to fit the wishes of their opponents, and under that law had seen lthem win 8 most material point. They On the other hand the trustees had dis- | A California Artist Whose Latest Work Is in the Art In- stitute. DONATED BY MRS. HEARST. Miss Matilda Lotz’s “Two Russian Hounds"—A University Lecture on “Faust.” The Art Institute has just received a fine picture by Matilda Lotz, the animal painter. Mrs. Pheebe Hearst has donated the work of art, which was only unpacked yesterday afternoon, and has not yet been hung. The picture is especially interesting, as Miss Lotz, who is now making a reputa- tion for herself in Paris, was at one time a The Picture of Two Russian Hounds Which Mrs. Phebe Hearst Has [Sketched by a “Call” artist.] Given to the Art Institute, saying that for estates above $300,000 there is no law. But ah! the number of the lawyers. James G. Fair is dead. That may be as- serted as the beginning of the stcry, and the one thing not contested in this busi- ness. All the rest that is hereinafter stated is not true—if you are on the other side. Both sides, the simple story of events, are here to be stated, and so everybody must be on the other side at intervals. E A will was offered for probate purporting to pe Mr. Fair's last will and testament. It was dated September 21, 1884, and it nominated W. S. Goodfellow, Angus Bresse and Crothers as trustees of the whole big estate, valued at the time at forty mil- lions. Forty millions! Great Scott! The trustees were to handle the whole vast interests without interference from anybody. They were to have certain lib- eral fees for this and certain other liberal fees for that (so nominated in the will it- self),and purely incidertally, if the thought ever occurred to them and they were satis- fied with it—the weather being fine and their digestion quite proper—there was nothing in the will expressly forbidding them giving the heirs something; always provided, however, that these gifts must not _trench upon the estate proper—must be limited to the revenue; for the estate must remain intact until after the trustees are all dead, and then, so said the will, it should be diviled among a multitude of grandchildren and others who may have never seen the estate. Charles Fair and his sisters naturally felt somewhat sidetracked. They did not remember -what they bad doneto their father to quite deserve that, and so they hired George Knight ana Charles Heggerty and Reuhen H. Lloyd and W. Wood and Garber, Boalt & Bishop, which in- cindes Charles A. Wheeler and Russell Wilson, and told them to fix it for them. The trustees hired Garret McEnerney and William A. Pierson and Robert Mitch- ell to keep the others from fixing it. Ex- Judge Paterson was engaged to aid them on behaif of the next generation. Forty millions! Great Scott! All these lawYers began thinking. The law as it stood prevented a contest of a will before it was before the court, and it was not before the court until it had been probated—and when it was probated the executors might draw upon the estate to defend themselves in their position. That was the taking of a large trick. Knight, Heggerty, Lioyd, Wood, Garber, Boalt, Bishop, Wheeler, Wilson—imagine those men thinking toward a common point. The will was objectionable in the single regard of the trust. If the trust could "be eliminated Charley Fair and Virginia Fair ana Mrs. Oelrichs might take possession of the estate. 1f it was' probated then the will must be contested as not being the will of Senator Fair. If the trust feature could before the probate proceedings be discovered to be unlawful— of which this was an open question—then what remained of the will would suit the purpoze of the principal heirs, Wiih eavy thinking where does that lead? The law must be fixed so that a will may be tested before it is probated. So that was done. Senator Guy C. Earl introduced the bill at the last session of the Legislature, and it went throngh. That was fixed, and very well, so fa it went. But ail these lawyers—high- priced, clever lawyers—were thinking. The trust clause could now be attacked before the probate proceedings were de- termined; but suppose the court would confirm: that claure as being all right? That was 8 consnmmation that must be considered. Time was uauin% Mre. Nettie R. Craven, s schoolteacher, who had known James G. Fair in his life- time, did at_this interesting juncture the thinf that fitied exactly to all the desires » @ of all the Jawyers for the heirs—save ex- Judge Paterson--with regard to this par- ticular necessity of the situation. She produced a will written in Jead-pencil, and dated the 24th of September—three days later than the trust will. This will had no trust attachment, and it distributed the estate very much as the trust will would Fave done, with the trust left out. Mrs. Craven was in the East,and she bad not thought of it—or something of the kind—until she saw the row, as re- ported in the papers, being madeabout ihe trust. Tbat recalled to her mind the paper which she was carrying around with her distributing these forty millions. Her in- terest in the will lay in a- bequest of some few ' thousands to schoolteachers’ retirement fund. 2 This will nominated as executors all | months—were gathered together in peace began to feel a great respect for the pencil will. 1t might be that it would be de- | clared the real will, and they, as trustees, | be left without occupation. It remained for them to nxi_peul from the decision of Judge Slack. They did not have to do so, however. If they accepted | the judgment of the Superior Court that would end the matter. All their interests apparently lay in appealing. But they did not do so. Both sides had been thinking right along, and the trus- tees did not appeal. | They sat together in a row before the | court—a most distinguished company— and gave their assent on Monday of last week to the probate of the earlier will. It will not have been forgotten, of course, that Charles L. Fair and Mrs. Qeirichs and Virginia Fair had, upon their oaths, declared their belief that the latter will was the “last will and testament of James Fair, executed and dated on the 24th of September, 1894, which will was entirely written, dated and sizned by the said James G. Fair himself,” and that this statement was subscribed to by their attorneys, Knight & Heggerty, Lioyd & ‘Wood, Garber, Boalt & Bishop and” Wil- son & Wilson. But, as stated, these are the gentlemen who had been thinking. And yet with it all there was one factor that had been quite forgotten. Its name was Dr. Marc Levingston. Dr. Marc Levingston had been nmamed in the pencil will as an executor. He had not been consulted in the matter. He knew nothing about the will until it was brought forward by the Fair children and the attorneys just named. He announced his willingness to accept the trust and waited patiently until the efforts of the great legal army should secure the probate of the will to enter upon his duties. But now he saw them assenting to the probate of another will which lately they had been stigmatizing as false and spurious. So he sonlght counsel. When all these. legal gentlemen—this most distinguished company, who had been opposing each other so bitterly for | | before the tribunal, theirlaw books closed, smiling assent to a cessation of hostilities and the probate of the will, trust will—now | trustless—and when the court was about to grant their petition, for very lack of any objection, his counsel walked in upon them in the persons of Messrs. Delmas & Shortride. And now there is consternation. Delmas & Shortridge as representing the executor, Dr. Levingston, take up the fight for the pencil will where the. attorneys for the children left it. They say that if Dr. Levingston was executor of a bona fide will in the first instance, while the chil- dren had reason to fear the trust will, he is still executor of such will and the court should admit it to probate, as it bears the later date. -And the army of lawyers are thinking mightily and wondering how it was they overlooked Marc Levingston. Just how the Kair children and theirlawyers can re- fuse to support the pencil will, which they have already affirmed to the court their belief in, is not clear—except on the basis of its being above $300,800. _In the meantime, by assenting to the right of the minor chiidren to contest the probate, Deimas & Shortridge have secured the rifiht to submit the question toa jury for judgment, and the matter comes up for trial in Judge Slack’s court on Friday morning. As pretty a thing in law as a man might wish to see. “PATRIOT” CHANGES. State President Hudelson Takes Charge in Place of Messrs. Bowman and Hubbell." An important change in the administra- tion of the American Patriot has just been consummated by a strong combine, which has also secured the Ban Francisco American. The latter paper ceases Satur- day. The new management contemplates making some radical changes in the Patriot, and will boom it for the coming campaign. B. F. Hudelson has been ap- Enm managing editor in lieu of H. W. wman, who has resigned. and Barnes, State Treasurer, has been ap- inted business manager in iieu of G. A. ubbell, who has retired, At the meeting of the board of directors of the Patriot Publishing Company Monday evening resolutions were passed acknowledging Mr. Hubbell's efficiency. i student at the Art Institufe. She has al- ways been especially successful in portray- inrg animals and has given most of her time to that branch of art. The chief merit in the picture which Mrs. Hearst has just presented to the in- stitute lies in the two Russian hounds in the foreground. They are large, powertul animals, with shaggy coats and massive houndlike heads. One.is black and white and the other brindle and white. The dogs are lashed together, standing in an attitude of expectancy, and the artist has been very happy in catching the life and vitality of ner subject. The dogs are painted with almost the care and minute- ness of a Landseer and all the details are filled in very effectively. The background of the picture is a good deal more sketchy than the canine figures. It represents a glade in a forest, with bri- ars and trees overhanging a narrow path, which dwindles away and fades among the leaves in tbe distance. The day is gray and cloudy and apparently the 'season is either early spring or laté autnmn, for the foliage is thin and sparse. The whole pic- ture is painted in subdued tints, but the dogs, with their action and vitality, stand out with great force againsc the rather wintry background. It was evidently the artist’s intention to subordinate the rest of her painting to the hounds. M:iss Lotz's picture will constitute an interesting addition to the attrac- tions of the Art Institute, both on account of the good work which the artist is doing, and also on account of ber having been at one time a student at the institute. Re- cent accounts from Paris say that Miss Lotz has been selling her pictures at high prices. Over fourteen years ago she went to Enrope to study, and devoted most of her time to working with Van Marck. It was under his tuition that she began to develop her taste for painting animals, and friendly critics advised her to continue her efforts along that Iine. In order to find interesting subjects and to study lozal color and atmosphere in different parts of the world, Miss Lotz traveled extensively, particularly among oriental nations. In Constanti- nople she painted for some time, as well asin Algeria and Egypt, but in spite of her extensive studies she found that ani- mal painting was her true vocation, and at present iz devoting most of her time to that branch of the art. The picture which the Art Lnstitute has just acquired was painted some six or seven years ago. The first of the spring series of Univer- sity of Califormia extension lectures took place at the Art Institute yesterday after- noon. The subject was Goethe's ““Faust,” upon which Professor Putzker delivered the first of six critical expository readings. THE LIGHTSHIP BILL. A Communication From Representative Loud Upon Improvements Contem- plated for This Harbor. Secretary Waithew of the San Francisco committee on commerce received a letter yesterday from Representative Loud in ‘Washington regarding the lightshrp bill now before Congress, as follows: £ Colmsoxm?mrnmm?mxom% HOUSE OF REPRESENTATIVES, U. 8. A. ‘WASHINGTON, D. C., March 17, 1896. George W. Walthew Esq., Secretary Commitlee on Commerce, 42 Steuart Street, San Franecisco, Cal.—DEAR SIR: In reply to your recent letters will say that we have a bill before Congress for lightship, and shall gr;u it as fast as possible; but these matters only come by recommenda- tion of the Lighthouse Department, which, so far, we have been unable to secure. Survey of the rocks is an assured fact. The estabiish- ment of & bell on Mile Pock we can accomplish, but the removal of said rock we regard as an impossibility. The board and Engineer De- partment are strenuously opposed to it. The cable to Hawaii isa National measure, to which we are giving our strongest suppori. Rest assured we are doing all in our power to sc- complish the results you suggest, but policy demands that we -tmmy urge those things that we can sccomplish immediately. Very truly yours, E. F. Loup. ————— Suing for Maintenance. Suit has been brought against Edward B. Keine to compel him to provide for his wife. He married her some months ago under com- pulsion and soon after he put kLer in the Ccnnt" Hospital, where a ahrld was born to her. When she came out Keine wasgone, and, 10add to the woman's tronble, the child died. When the t proceeding is dlvons -y n:'r. ng is ended suit for Ladies’ Southern ties, $1 45, all shades, every toe. Byan & Ryan, 10 Mongomery ave, * INIMALS ARE HER-FORTE, |- NEW TO-DAY—DRY GOODS. SPECIAL ANNOUNCEMENT! SPRING 1896. Our importations of French Printed Challies for 1896 are now ready for in= spection. The designs are the most elegant we have ever shown, and are the production of the most celebrated manufacturers in France. Price 4 O C per Yard. We will also oifer this week a mag- nificent assortment of French Plaids (pure silk and wool), Price 7 5 C per Yard. TELEPEONE—MAIN 38777. 411, 113, 115, 117, 119, 121 POST STREET. THE JURY COMPLETED. Twelve Good Men and True Secured to Try Mrs. Davidson. TESTIMONY WILL OPEN TO-DAY Both Sides Seem Very Well Satisfied With’ the Jury as Chosen. The Davidson jury has been completed and this morning the actual trial will open. The jurors selected are George Walcom, John Nolan, H. A. Marvin, L. W. John- ston, J. W. Steinart, H. Hoffman, J. H. Bilser, T. P. Duley, Francis Thomas, J. Hillian, G. Noll and F. M. Schweitzer. The five talismen drawn from the box the last thing on Monday evening were soon examined. E.E Ames was excused by the court for cause. He had read of the testimony taken in the Police Court and it has biased his mind. 7. P. Duley was satisfactory. He had read but little of the case and thought he would make an impartial juror. He knew none of the people connected with either sige of the case and he had never been victimized by a blackmailer. His state of mind was acceptable and he passed. ‘W. M. Dye had an opinion; so had J. Witt, and both were excused for cause. ‘Witt had read the papers too assiduously, and he said he would not like to be tried by a juror in his frame of mind, Francis Thomas was not a church mem- ber, and from the time that fact wasdrawn from him his examination was easy. He had no prejudices either against ministers or charges of extortion, and he thought he would make s good juror. He, too, was ac- cepted. Francis Thomas was the last of the five, and then three more were called to fill the places of the three unsatisfactories. ‘L. S. Adams was the first examined, and he was let go with but little regret by the prosecu- tion. His mother had held a pew in the First Congregational Church, but when it became settled that Dr. Brown was to re- main she gave up the pew, and contents herself with other houses of worship. George Fritch had opinions, and he was let go. J. Hellman nad no deleterious opinions and has not followed the case. He had not “unjuror-like’” sentiments for or against women and ministers, and he was accepted. Then two more were called. G. Noll was not a church member; had not fol- lowed the case, had no sentiments regard- ing the sex or calling of criminals. He was accepted. Thomas Levis bad opinions and was excused. W. L. Tierny was called to fill the last vacancy, but he was unsatisfactory. He had opinions. Then came F. M. Schweitzer. He was possessed of an opinion, but he was so evidenux acquainted with a juror’s busi- ness that both sides accepted him, and the jn{y ‘was complete. be cierk then read the information against the defendant, and then Knight asked for a continuance until this morn- ing. He had important business, he said, and the prosecution had agreed to allow the case to go over. Judge Bahrs was willing provided no .more continuances for the accommodation of counsel would be asked. Knight readily agreed to this. “Of course I will try 10 g‘o‘t those witnesses,” he said significantly, t he promised to ask no more time on his own account. The case will go on this morning. 5 Both sides express satisfaction with the jury chosen. Each predicts a fair trial and success. Railroad Case Continued. Judge McKenna was ill yesterday and the case of the Bouthern Pacific Company against the State Board of Railroad Commissioners was continued. NEW TO-DAY. FURNITURE —FOoOR— 4 ROOMS $B75. Parlor — Silk Brocatelle, trimmed. Bedroom—7-Peice Elegant Suit, bed, buresa, washstand, two chairs, rocker and table; plis lows, woven wire and top mattress. Dining-Room—4-¥oo: Extension Table, four Solid Oak Chairs. Kitchen—Range, Patent Kitchen Table and twe Chairs. 5-Peice Sult, plush EASY PAYMENTS. Houses furnished complete, city or country, aaye where on the Coast. Open evenings. M. FRIEDMAN & CO., 224 to 230 and 306 Stockton and 237 Post Street. & Free packing and delivery across the bay. DR. WILBOR’S EMULSION OF PURE COD LIVER 0IL WITH PHOSPHATES Cures coughs, colds, asthma, brorchitis, debility, wasting diseases and all scrofu- lous humors. Many have been hsppy to give their testimony in favor of tb: use of Wilbor’s Pure Cod Liver Oil a:d Phos- phates. Experience has proved iito be a valuable remedy for consumptios, asthma, diphtheria and all diseases of the throat and lungs. Manufactured only by A. B. WiLsor, Chemist, Boston, soid by all druggists. PATRONIZE HOME NDUSTRY, BUY DIRECT FRY THE MANUFACTURER. REFINED BAE IRON.. $1.70 base ANGLE IRON. 2.15 flat BAND IRON. & 2.00 ¢ Round Edge Tire Steel. - 2.00 flag Tos o 2.40 Plow ¥ 2.25 « German Hammered ** 3.75 base Plck « 4.00 Machinery 2.00 Spring 2.50 Cold Rolled 3.25 Finished Shaftin, 3.25 Terms ~—Cash. F. 0.B. Cars or Steamer, JUDSON PG, CO. FRANCISCO. i