The San Francisco Call. Newspaper, June 16, 1896, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY, JUNE 16, 1896. FIGHTING FOR A LEAGUE OF LAND. First of the Notorious Noe Suits on Before Judge Sanderson. SPANISH LAW INVOLVED A Grant From Governor Pio Pico Declared to Be Com- munity Property. THEY CHANGED THEIR MINDS Plaintif's Attorneys Closed Their Case, but Concluded to Unclose It and Try Again. The trial of the long-pending Noe suit is on at last. When order was called in Judge Sanderson’s courtroom vesterday | morning it looked as though the San Francisco bar had turned out to give his Honor a surprise party. Every available chair within hearlng distance of the bench, not excluding tbose in the jury-box, was occupied by a lawyer. The prospect of such an array of legal lore must have beer rather embarrassing to Judge Sanderson, and he announced that the first thing to be done was to ascertain just who each attqrney represented. In order to facil- tate matters he announced that all parties interested in any of the three Noe suits, of which the one on trial is the first and from a standpoint of value the most important, would be allowed to make an appearance. To this Attorney Koscialowskl objected and was allowed the consolation of an ex- ception. In the suit now on trial there are 250 de- fendants. Of these nearly 200 are repre- sented by Lane & Lane. Judge E. W. McKinstry appears as the champion of Mavor Sutro’s interests, E. S. Pillsbury represents Homer King of Wells, Fargo & | Co., Morrison and Foerster appear for the | Crocker estate, Michael Mullaney for Behrend Joost, R. T. Harding for the Cali- | fornia Title Insurance Company, A. P. Var Duser the Mission Defense Club, and James M. Taylor, E. J. Pringle, W. 8. Goodfellow, Shadburne & Herrin, A. C. Freeman and T. V. O’Brien represent in- dividual defendants. Opposed to this phalanx of talent are P. L. Koscialowski and A. V. Splivalo. The numerical inequality of the contest was apparently felt by the plaintiff’s attor- ney, for though having the aggressive side of the case he was most of the time acting upon the defensive, the small army of his opponents being constantly on the alert for an opening. The present action is founded upon a claim which has for years caused occa- sional fear among the more timid prop- erty-owners of the Mission. The claim is based upon a grant made | by Pio Pico, the last Mexican Governor of California, to Jose Jesus Noe. It was given in answer to a petition filed by Jose in wiich he set forth that he needed the land for the support of hisfamily. In1848 Noe’s wife died, and soon thereafter, but before the annexation of the State, Noe deeded the land to Charles B. Stroude. Through him it passed through several owfiers to those who are now in posses- sion. o far the parties to the suit are agreed The entire contention in the case is one o! law, namely : Did Noe have a right to con- vey the entire property, as he attempted to do? The proposition of the plaintiffs, who are the heirs of Guadalupe Noe, Jose Jesus Noe’s wife, is that the grant was of community property. By the tresty of Guadalupe Hidalgo, ratified one year after the annexation of | California, all land grants which were | good under the Mexican regime were to | be held valid at United States’ law. Under | the Spanish law in regard to community property, which has been adopted by this State, ali property acquired by the hus-| band during marriage, except such as is | acquired ‘‘by gift, bequest or descent,’ is | community property. | The question then is whether or not such a grant as the one to Don Jose Jesus Noe is within the exception. In thisState ’ it is universally considered that a grant | would not be community property, but | the plaintiffs in this case claim that by its | nature the grant was intended to be for | the community, and was so specified in | the petition. This tney will argue will | bring it within the law. | The first witness put on by the plaintiff was C. C. Hopkins. Mr. Hopkins had pre- pared a transiation of the petition of Jose | Noe and the grantof Pio Pico. He was | asked to swear to the correctness of hisl translation. In one instance he ventured to explain that there might be a shade of | doubt about the meaning of one wora. It happened that this particular doubt was in regard to the operative way of the grant, and instantly the venerable scholar found himself the target of a volley of queries. To the best of his ability Mr. Hopkins tried to explain why the Spanish | of conveyance might mean either grant or | donate, and how it was that both these words meant just the same thing. He conjugated in Spanish and compared it with the Latin. Then he made some nice English distinctions, and still the attor- neys refused to be satisfied. At Americen — NEW TO-DAY Skin | their case in answer to a motion for a nons | yesterday afternoon. ! law grant means just a little more than | donate, and they were anxious to know | just how it is 1n Spanish. At last Judge Sanderson’s patience became exhausted. He said the interpretation of that word was a question of law. He understood it and would listen to no more argument on the matter. Another skirmish occurred when the | next witness was called. Koscialowski | explained that the witness, Mrs. Miguel i Noe, could not speak English, ana he of- | | fered to put John Irwin on as interpreter. | Then the defendant’s objected vigorously. | They dian’t know Irwmn, and for & | language that had such fine distinctions, as shown by Hopper between “grant’’ and ‘‘donate,” he thought there should be an interoreter known to be impartial. Judge Sanderson, who expressed a desire to facilitate matters, suggested that Iiwin be examined. Chadburne consented and Irwin was sworn. He said he had known Vincent Noe ever since he was born, and felt very friendly toward the family. He, however, denied any interest in the case, and over an objection by Van Duser he was allowed to proceed. Mrs. Miguel Noe, or Gallerma Viscarra de Noe as she called herself, testified that her husband was the son of Jose Jesus and Guadalupe di Noe. She said he was now in Mexico. Van Duser asked if he wasnot now a fugitive from justice, but the ques- tion was overruled. The witness was then called upon to identify a record of deaths in a family Bible which she said had be- | longed to her husband. Chadburne de- | manded to see the ook, and after consul- | tation with Van Duser objected that the entries referred to as deaths were in reality entries of births. The nterpreter ex- plamned that though under the printed | word births they were nevertheless all en- tries of deaths. | Koscialowski stated that the object of the record was to prove the death of Jose Jesus Noe, in 1862, and Guadalupe Noe in April 1848. The defendant’s attorneys, Van Duser excepted, offered to concede | this. Van Duser stated he would concede | nothing. “Let it be entered,” ruled- his H onor, “that all consent except Mr. Van Duser, who is overruled.” | The witness then proceeded to explain | the relationship of the four plaintiffs in this case to the deceased Guadalupe Noe, through whom they claim Miguel, her | husband, she explained, is the only son. | Catilina Spivola, Vincento Noe and Cata- lina Noe are grandchildren. Tbe last | three were each put upon the stand to tes- | tify to the same facts. Rev. Father Pren- | | dergast and Rev. Father Gleason were | called upon to still further complete the | identification. Oertificates of baptism i were introduced to the same ena. | Against objections by Judge McKinstry and G. W. Lane the plamtiff was allowed to introduce a patent of the United States | confirming the title of Jose Jesus Noe to the land in controversy. The objection was based on the ground of irrelevancy, as all parties concerned claim under Noe's title, and hence it 1s not disputed. Attorneys Kocialowski and Spivalo then | [ declared their case closed. Confusion | | reigned for a few minutes as each of the | defendants’ attorneys struggled to be heard. They had evidently not expected i such a termination of the plaintiff’s case and they were disconcerted. Attorney Chadbourne insisted that the plaintiff | should be compelled to prove the actual title under which they claimed. The deed of the property made by Noe should, he declared, have been put in evidence. Judge Sanderson said he had no knowl- edge of any deed and could not compel the plaintiff to put on anything of detri- ment to hiscase. Van Duser declared there were material variances between the alle- gations and the proof. Lane said there { had been but one thing proved, and that | was the patent from the United States | confirming the grant of Pio Pico to Noe, | which no one denied. Judge McKinstry | was of the opinion that no case had been made out, and Judge Freeman echoed this | opinion. ‘Without passing upon the various sug- gestions, for they were hardly more, Judge | Sanderson said the case would go over un- | il to-day at 10 A. m. Then Koscialowski | xplained that there was a string attached | to his closing. If the remainder of his | case was to be considered as a question of law he was through, if it was a question of fact he wanted more time. His Honor | said he did not see exactly what the attor- | ney meant, but he would sugzest that he get in all his facts and let the law take care of itself. Koscialowski then said he would like an hour and a half more. The | case then went over until this morning. The plaintiff’s-attorneys expect to disclose suit which they expect. Mr. Kocialowski | says he will then have some surprises. At | present the attorneys for the defendant feel that the suit is already won. CARNIVAL OUTLAY. The Money Will Mostly Go Into the Pockets of the Working People. In order that the mechanics and trades- people may derive all the benefit possible from the $100,000 which the executive com- mittee of the Carnival of the Golden Gate intend to expend a general invitation is to be extended to them to submit designs of floats and other paraphernalia requisite in presenting the various features. These suggestions were fully considered at the meeting beld at the Mills building The matter was brought about by a communication from W. H. Mills, who suggested that as the entire occasion was projected for the pur- pose of adding life, elation and pleasure to the people of the city and to those who witness or participate in the festivities, and as it would also be a costly affair, he thought that the work should be confined entirely to the community in the way of employing those who should do it. General Warfield will appoint a com- mittee to confer with the various labor organizations, lay out the plan of the car- nival in detail to them, give them an idea of the class of work that they will be called upon to do and inform them of the apé)roximne amount that will be ex- ended for Jabor. Mr. Mills and General ackus will formulate during the coming week an address to the people of the City, givine the outlines of the reasons for the carnival. which will connect the occasion | with the best interests of the City, present and prospective. The various features embodied in the | programme were discussed at length, with | & view to ascertaining how much money ame 0ff' T had an obstinate skin disease, called Eczema. My body, head, and arms were covered with spots like drops of mortar, which came off in layers of dry scales. 1 euffered for over a year without relief, consulted several doctors with- out aid, and had almost given up hope. I saw an advertisement about CUTICURA REMEDIES; took them, and in eight weeks 1 was as well as ever, for my skin is a8 nice and clear s a baby GEO. REABURN, Hanover, Ontario, Canada, | SreEpy CURE TREATMENT. — Warm baths ‘with CUTICURA SOAP, gentle np{hc‘l&nnl of Cu. TICURA (ointment), the great Skin Cure, exter- Dally, and mild doses of SUTICURA RESOLVENT, greatest of humor cures. throue! world. Priee, CUTioURa, 50c ; S ot waer, Soc, and $1. Porrer Drca o . Bos = B b Gire Bvery SEin Disosse,” maled ree. could be expended directly among the working people by the committee, Oscar Boldeman, I. L. Rosenthal and | David Rich were appointed as a commit- tee on entertainment to visit the different places of amusement and arrange with them for benefits for the carnival funda. The offer of the Columbia Theater, made some time ago, will be at once taken up, and to Friedlander & Gottlob of that place of amusement will be given the honor, i view of their being the first to suggest a beneft, of being the first subscribers to the fund. They have kindly placed the entire company, theater and appurtenances at the disposal of the committee and have also promised a programme of rare merit, The longest single telegraph-wire span in the world is that across the River Kistna, between Bezorah and Sectana- grun, India. Stretched from one moun- tain to another the wire is more than 6000 feet in length, WED IN THE HEART OF THE SUMMER, Nuptials of Miss Claire Tucker and Philip Williams. WAS A QUIET AFFAIR. The Swellness of the Principals and Their Popularity Made It Interesting. AMID ST. JOSEPH LILIES. Relatives Only Witnessed the Im- pressive Ceremony—Bridal Trip to Honolulu. Only relatives and a limited number of intimate friends witnessed the ceremony which united Miss Claire Tucker, daughter of ‘the late J. C. Tucker, and Philip Wil- 8. A. Keith, H. H. Kohler, George H. Kohn, M. 8. Koshland, F. W. Lawrence, J. B. Levison, Mark Levison, H. M. Levy, W. H. Levy, Charles A. Low, A. Macondray, William H. Magee, Hall McAllister, Latham McMullin, H. M. A. Miller, W. Moore, Robert F. Morrow, David Neustadter, Colonel Nevills, W. Mayo New- hall, F. L. H. Noble, P. F. Dolan, R. H. Pease, E. D. Peixotto, James Phelan, Edward Pol- hemus, Willis Polk, Charles W. Reed, C. Reis, E. A. Rix, Dr. J. Rosenstirn, W, E. Rountree, A.Schwabacher, Henry T. Scott, E.Sherwood, Leon Sloss, H. J. Smith, C. A. Spreckels, Ignatz Steinhart, W. G. Thompson, J. 8. Tobin, L. E. Van Winkle, L. 8. Vassault, Rev. Jacob Voor- sanger, D. N. Walter. I. N. Walter, H. Wil- liams, F. M. Wilson, Miss Nellie V. Wood. Among the many who had theater parties at the California Theater were: Commodore William McCarthy, H.0’Kane, J.S. Downing, Raphael Weill, Colonel M. H. Heent, Mrs. H. Heber, W. H. Taylor Jr., Mrs, H. Franklin, Charles W. Schaeffer, Harry Lazarus, Mrs. W. Mack, J. W. Wilbur, James | Burting, 8. H. Adler and party, W. H. Barnes, F. G. Hughes, J. C. Eggers, S. C. Buckbee, Leon Sloss, Charles Gross, G. D. Morse, Dr. H. G. Richards, Dr. C. W. Richards, Mr.and Mrs. C. H. Taber, Mr. and Mrx. Charles Cushing, C. M. Goodman and party, Leopold Michaels. M. D. Perkins, W. J. Weatherly (Loge B.), E.A.God- frey, J. D. Phelan, Hugo Rothschild, S. J. Levy, H. L. Miller, W, H. Blum, B. Reiss, S. Reiss, E. J. Coleman, Mrs. York, S H. Tacy, G. Berton, H. Berl, E. J. Hockstadter, Bert Hecht, J. C. Zellerbach, M. Levin, J. L. Buckley, C. H: Blum, E. Frank, C. Hirsch, S. Berwin and party, Dr. D. Cohn, J. D. Abrams, J. Coblentz and party, C. L. Canfield, G. Lewald and party of twenty, J. Neustadter, Mrs. 8. M. Cooper, M. A. Rothschild, Miss Raphael, M. A. Gunst, J. Schweitzer, General Warfield, H. J. Lask, A. Hamburger, S. L. Os- good, C. Lichtenstein, Mrs. Uliman, G. T. East- man, L. Seigel, H. Kimball, L. A. Schwabacher, Mrs. York, Dr. Newman, S. Lowenthal, Mrs. H. Kahn, Louis Mande'l, Charles Levy, Mrs. Ewing and party, Henry Ach, C. L. Asher, H. Ackerman, Fred Stack, Mrs. Gans, M. Brown- stone, H. Melling, Ben Stern, H. Shainwald, Mr. and Mrs. Philip Williams (formerly Miss Claire Tucker). liams, son of Mr. and Mrs. Harry A, Wil- liams. The wedding was celebrated Jast evening at 8 o’clock at the residence of the bride’s mother, 2114 Vallejo street, the Rev. Dr. Moreland of St. Luke’s officiating. At an improvised altar, draped in sol’tl folds of white India silk and decked with | St. Joseph lilies, the young couple knelt during the impressive Episcopal service. The decorations of the home were artistic and beautiful, pink and white being the prevailing tones. In the drawing-room, where the ceremony was performed, nu- merous wreaths of pink and white sweet peas adorned the walls at regularinter- vals, suspended by long streamers of | dainty bow-knotsof pink and white taffeta | ribbon. In the artistic corner cornucopias filled | to overflowing with wkite and pink blossoms were suspended from the ceiling, and in the long drawing-room there was an artistic arrangement of choice blossoms in rare and costly vases. The charming young bride looked ex- tremely lovely in her bandsome bridal gown of cream-white satin. The jupe was made perfectly plain, en train, and the high-necked corsage ornamented with a fall of duchess lace. A wreath of orange blossoms confined the long bridal-veil to the coiffure. The only ornament worn was a string of pearls, from which de- pended a handsome pearl cross. The bride was attended by her sister, Miss Maje Tucker, and Emanuel Heller officiated as best man. The maid of honor wore a dainty gown of white silk, trimmed with chiffon. After the ceremony an elaborate supper was served. Mr. and Mrs. Williams leave this morn- ing for a bridal trip to Honolulu. There were theater-parties' galore last evening. The oniy wonder was that with 80 many hosts and hostesses there was anybody left to be entertained as guests. At the Columbia the following ladies and gentlemen had theater-parties: Among those who occupied boxes and loges were: G. W. Clarke, A. F. Lawton, W.H. Harrison, J. M. Wright, F. Hinckley, W. D. Peixotto, H. Levy, E. H. Bachman, 8. W. Rosenstock, M. El- lis, J. A. Glover, M. Brooks, M. Adler, J. Roth- child, John D. Siebe and P. N. Lilienthal. In the audience were: A Lou Harris, Frank Sperling, R. E. Marx, Mrs. J. Oppenheimer, Mrs. Phillips, D. R. Barr, Mrs. R. Anthony, H. F. Lawton, R. Trautner, I Magnin, F. Marcus, L. Judah, H. Has keil, W. W. Kaufman, W. F. Clark, W. L. Hackett, B. M. Goldstein, A. Liv- ingston, H. J. Frank, F. L. Owens, J. Wollner, J. Wits, T. J. Corwin, N. Bibo, M. Blaskower, M. Getz, H. St. Goar, B. Davis, B. Goldsmith, A. Bestheim, F. H. Green, W. P. Lewis, M. Eisner, W. R. Wheeler, H. P. New- bauer, A. M. Alexander, M. Feintuch, A. Ross, Ed Schmiedell, J. L. Stewart, W. J. Walters, A. H. Wilcox, R. A. Barnett, T. K. Bucking- ham, D. B. Davidson, E. M. Greenway, W. A. Jackson, C. H. Jones, J. T. Miner, George W. Reynolds, Ben Sachs. F. W.Stephenson, W. B, Wightman, G. E. Williams, Thomas Wilson, H. E. Highton, T. B. Valentine, G. H. Wendt, L. 8. Abbott, E. 8. Adams, Fisher Ames, Thomas Anderson, James F. J. Archibald, Porter Ashe, C. Audenried. B. H. Baird, Wakefleld Baker, O. D. Baldwin, W. Barber, Charles L. Barrett, F. H. Beaver, Frank S. Bentley, Henry P. Blanchard, C. A. Bonestell, A. Boyd, M. Brandenstein. Harrison Brooks, Henry A. Bowen, Robert Bruce, I Cahn, Walter C. Campbell, John M. Carroll, A. E. Castle, W. B. Chapman, E.B. Clement, E.J. Coleman, Car- roll Cook, Joseph B. Crockett, J. J. Crooks, M. 8. Currey, F. M. Curtis, W. E, Dargie, Eugene G.David, William A. Dean, Henry L. Dodge, Peter J. Donahue, C. M. Dougherty, B. F. Dun. ham, S.E. Dutton, Elmer 8. Emmons, E. A. Fargo, Charles 8. Fay, S. Feuchtwanger, 8. W. Forman, W. Frank, Joseph Friedlander, Louis A. Garnett, W. L. Gerstle, M. L. Gerstle, C. A. Gibson, Adam Grant, Jacob Greenbaum, H. E. Hall, A. Haraszthy, L. S. Hass, W. R. Heath, E. 8. Heller, Dr. M. Herzstein, W.S. Hobart, A. Holmes, Major Hooper, A. F. Hotaling, George H. Howard, R. H. Huntington, Solomon Jscobs, W. 8.Jones, Charles Josselyn, Dr. A.J. Kahn, Mrs. M. Heller and party, J. C. Ralsteck, T. F. Ward, J. Creighton, Mrs. Jacobs and party, H. S. Lemle and party. MEMORY OF BUNKER HILL To Be Celebrated With Peculiar Honor This Year at Glen Ellen. - Some of the Features of the Day. How Many Organizations Wil Unite to Pay Tribute. The celebration of the Bunker Hill Asso- ciation and the Sons of Vermont will be held at Glen Ellen on Wednesday, June 17. Literary exercises will be held and the Hon. R. R. Carpenter will deliver the ora- tion. Through the persistent efforts of the Bunker Hill Association, and its presi- dent, W. G. Badger, for the past thirty- three years, this will witness one of the widespread celebrationg of this great event by numerous bodies of our people in many paris of California. The National Government will do its share by causing salutes to be ftired from all our forts in the harbor at noon on the 17th. The City government has caused a resolution to be passed requesting all citi- zens to raise the flag and causing the same to bke raised on llF public buildings and parks. The Board of Education has contributed to the glories of the day by having patri- otic exercises the order of the day at all public schools and attending themselves the celebration at Glen Ellen. The suipping, the car lines and rail- roads bhave acknowledged the request of the Bunker Hill Association and will un- furl all flags in their possession. At Golden Gate Park, on the 17th appro- priate exercises will be held by the Tu- olumne Association. On the bay the Pioneer Rowing and Yacht Club will hold a regatta. At Santa Cruz the Venetian Water Car- nival management has made the most elaborate and costly preparations for the commemoration of this great battle. Across the bay, at Shell Mound, the Veteran Firemen will hold their annual | patriotic demonstration. At San Jose the Ancient Order of For- esters will meet from all parts of the State and alsg the Yacific Coast, to commem- orate the great annual day of their order, which, out of their love of country, they adopted should fall on the 17th day of June, the anniversary of the Battle of Bunker Hill. Suill further, the great Building Ex- change has seen fit to adjourn, and will counsel together in the Santa CUruz Mountains, at Sunset Park, on Wednes- dav, June 17. Last, but not least, Massachusetts and Vermont have united, and among the So- noma Hills, at Glen Ellen, will revive the memories and repeat the stories of the days of 1775. ———— Ho, for Mount Shasta. William H. Menton, the genial excursion passenger agent of the Southern Pacitic Com- vany, will be in charge of a personally con- ducted excursion to Mount Shasta next Satur- day. For §10 the round trip can be made com- fortably, including berth. The train will leave the (nrr{ landing, foot of Market street, at 8 P. M. on the 20th inst., and return the tol- lowing Monday morning at 7 o’clock. The op- portunity is one that will be carefully consid- ered at this season of holiday vacations. The rate offered is a big reduction, while the route to be traveled is peculiarly rich in scenic wonders. ———————— A Bimetallic League. ‘Hugo Hornlien, proprietor of the Cafe Royal, was elected delegate to the St. Louis conven- tion yesterday ata meeting held by the mem- bers of the Twenty-third Senatorial Bimetallic League Club in Turner Hall, 323 Turk street. Mr. Hornlien in a short address pledged him- self to labor to the best of his .bflu to secure {favorabie legislation for the principles of the bimetallists from the close o? ‘the convention till election. The other districts will now commence to elect delegates and send in “the names of the same to the executive secretary. MARY E. REDMAN WANTS HIS MONEY, She Sues Capitalist Thomas Carter for Breach of Promise. ASKS 850,000 DAMAGES. He Says He Paid Her $5000 Once as a Compromise Sum. ROMANCE FIFTEEN YEARS LONG Mr. Carter Says He Has Given the Young Lady in All Over $15,000, and Will Fight New. A suit for $50,000 damages for breach of promise of marriage was begun in the Superior Court yesterday afternoon against Thomas Carter, capitalist and carbuilder. The complainant is Miss Mary E. Red- man, 8 plump and pretty brunette. She ought to be a capitalist, too, if Mr. Carter’s story of the amount of money he has given her 1n the last twelve years is borne out by the facts. Miss Kedman's address is at 502 Mason street and her occupation is given as a dressmaker, Accounts differ also as to whether Miss Redman 1s pretty. Heroines in breach of promise cases are, as a rule, handsome, but Mr. Carter said last evening that she is & “‘coarse and common person addicted to looking on wine too often when it is" red.” The landlady at 502 Mason street, however, said that Miss Redman is a “nice little girl about 30 years of age, and just too sweet for anything.” Not desiring to meet reporters, and re- questing her attorney not to give them her adaress, which request was complied with with professional strictness, Miss Redman rushed to her room about 4 o’clock yester- day afternoon, hurriedly packed up a few things and left word that she was off for Salinas on a visit to friends. The landlady professed surprise and ignorance of the suit for damages, and said she did not know when Miss Redman would return. Thomas Carter is 8 member of the firm of Carter Brothers, carbuilders and gen- eral railroad contractors, at Newark, Cal. He has resided in this City for years at 6 Tark street. He has been in business in San Francisco and vicinity for twenty-five years and is well known here and among railroad nfen all over the State. He built the narrow-gauge railroad loop to Santa Cruz. 9 Mr. Carter is about 50 years old and a single man. He has a long sandy beard and there are ‘“silver threads among the gold.” If there were more gray hairs in his beard Mr. Carter would present quite a patriarchal appearance. In an interview last evening with a Cary reporter he emphatically denied ever promising to marry Miss Redman and de- clared flatly that it was simply a black- mailing scheme. He said he had once paid Miss Redman $5000 to shut her pretty mouth and prevent publicity of their rela- tions, but.he declared, somewhat in the language of Patrick Henry, that he had “millions for defense, but not a cent for tribute.” “I paid her $5000 once,” he said, “‘and I have her receipt for the amount in full settlement of everything. I've got the money to psy, but I’ll spend $50,000 in de- fending the case rather than give it to her.” Mr. Carter met Miss Redman about twelve or fifteen years ago at the well- known watering place, Byron Springs. She was spending some time there with her uncle, J. D. Horan, who keeps the stock- yards at Tenth and Bryant streets. They spent manv hours full of shade and bright sunshine and seductive moonlight alone together, and out of those meetings of the bappy summer-time long ago grew the romance whose closing chapter was filed yesterday in court. “We have met often since,” said Mr. Carter. ‘‘She has been with me a great deal, though we never actually lived to- gether. She has visited me in my apart- ments. During recent years she gotinto bad company and has been drinking too much fo maintain the proper decorum. She would come up to my rooms in this condition and when it was not convenient for me to meet her, and she became an embarrassment to me. The landlord will bear me out in this. I have called him to put her out of my rooms.” ““Was she led astray by you in the first place?” “‘Not at all; no, sir. I think I can prove that if necessary. She was not inmocent when I met her at Byron Springs.’’ ‘‘As to the previous compromise 2"’ “On account of her conduct I told her,” Mr. Carter said, “not to come to my room any more, as I did not want to have any- thing more to do with her. Then she threatened to bring suit for damages, and 1 compromised witk her for $5000, for the reason I have stated. A man who is now a Superior Jud.e of this City and County was one of the lawyers in the settlement. He knows all about it. She owed me $600 in a real estate deal, for which I held her note, and between $200 and $300 borrowed money. I compromised with her for $5000, less the amount of the note and the bor- rowed money. She received my check for $4100. This was about two years ago. ‘‘Now, along she comes again with an- other claim,” Mr. Carter said , “and at- tempts to bleed me a second time. I tell you I'll not haveit. I won’t pay a cent. 1've consuited four lawyers, and I do not think I shall be compelled to. This was after I received a note from her attorney, Judge Highton, a few days ago, telling me that the suit was about to be brought. I went up to see Highton and told him the whole story. ‘“Bince I paid that money, two years ago,” resumed Mr. Carter, “I have had nothing to dc with the young woman. I bave met her on the streets several times and conversed with her whenever she be- haved properly. “She has dogged my footsteps, and stood across the corner there,” he said, pointing to Turk, Mason and Market streets, *‘in order to catch me and speak to me. She was right up here on Mason street, corner of Post. She often said that she desired to consult me about real estate transactions, and . I advised her when I could. But our relations have not been more intimate than that for two years.” “How much money have you given Miss Redman since you have known her?"” “In all Ishould say $15,000 or $16,000,” “ NEW TO-DAY—DRY GOODS. LADIES’ WAISTS —AND————— UNDERW EAR AT CLEARANGE PRICES! Among the many lines SPECIALLY SELECTED FOR CLEAR- ANCE TO-DAY will be found the following BARGAINS THAT MERIT PROMPT ATTENTION! LADIES’ MUSLIN UNDERWEAR! At 25 Cents. 100 dozen LADIES’ M lace, will be offered at 25c each. USLIN CHEMISES, made of heavy muslin, yoke edged with t 5O Cents. A 100 dozen LADIES' CHEMISES, made of heavy muslin, yoke of embroidery, will offered. at 50c each. e At 25 Cents. 50 dozen LADIES’ CORSET COVERS, perfect fit, V-shape, edged with embroide-y, will be offered at 25¢ each. At 25 Cents. 50 dozen LADIES’ DRAWERS, made of heavy muslin, yoke band, finished with tucks and embroidery, will be offered at 25¢ each. At SO Cents. 50 dozen LADIES’ GOWNS, yoke of fine tucks, lined back, good muslin, will be of- fered at 50c each. LADIES’ WAISTS! At S1.00. LADIES’ WAISTS, made of fine percale, in checks and stripes, detachable collars, regular price $1 25, will be offered at $1 each. At 81.50. LADIES’ PERSIAN WAISTS, detachable collars, yoke back, bishop sleeves, regular price $2, will be offered at $1 50 each. At $2.00. LADIES' PERSIAN DIMITY WAISTS, detachable collars, perfect fit, bishop sleeves, regular price $2 50, will be offered at $2 cach. At 8$3.00. LADIES’ FINE DIMITY WAISTS, made in the latest style, detachable collar and cuffs, regular price $3 75, will be offered at $3 each. /, Market Stoeel, corner of Jones SAN FRANOISCO. he replied. ‘“‘She has invested consider- able in real estate, and she ought to have some property yet, though I have not known much of her affairs for two years. She has come to my room in the morning, too, when T was absent at breakfast, and taken photographs and some other small things. When I go down to the restau- rant on the corner I usually leave the door of my room .unlocked, and I do not zet back for an hour or more. The Chinaman told nie he had seen her come out of my room.” The landlady at 502 Mason street said that Mr. Carter had visited Miss Redman there recently, and this adds another as- pect to the suit for $50,000. A wLOST GIRL™ STORY, How Osmond Day Deceived and Deserted Two Country Victims. One Accepted Her Fate the Other Tried te Suicide. Lillie O'Neal is the name of the latest victim of the notorious Osmond Day. It was she who tried to commit suicide ina room at 21 Turk street Sunday night. When questioned at the Receiving Hos- pital she was haif delirious from the effects of the chloroform she had drunk and answered that her name was Bebbie Griggs, svhich is the name of Day’s Santa Rosa victim. The ©’Neal girl is from Petaluma. This tenderloin character, Dgly, prefers the country. hese two girls fell into Day’s hands several months ago in the same manner human lambs fall to the tender mercies of inhuman wolves, and the story is a tale too often told for many reasons. Accord- ing to the O’Neal girl’s account Day and his two youthful victims met in this City and their journey downward was all the speedier from his near presence. Once ebbie Griggs became ill and Lillie 0’Neal’s money, earned in shame, went to buy medicine for her sister in misfortune. oth girls are exceedingly pretty. They are the daughters of éstimable parents who will never cease to mourn their chil- dren’s destruction. Day first cast off the Santa Rosa girl and finally the Petaluma victim. One ac- cepted her fate in silence, but Lillie O’ Neil, who is infatuated with her betrayer, at- tempted to commit suicide by drinking chloroform Sunday night. She was taken to the Receiving Hospital, calling upon the name of the wretch in her delirium. She knowing that her complete shame would soon be known pleaded with him to marry her, but he spurned her and said he was married already. This made her desperate, and she took a room at 21 Turk street to kill herself in. At the Receiving Hospial yesterday morning she stated that she still loved him and was fully determined to die. She detailed the dreary tale of her fall and of meeting her partner in ruin. About noon she left the hospital with a woman com- anion vowing that she would complete er work of self destruction. _For the benefit of the relatives of the girls, Day can be found almost any hour in the vicinity of Turk and Taylor streets. Silently, but Commit Day Driven From Santa Rosa. SANTA ROSA, Caii., June 15.—Mr. Griggs received several telegrams ,from San Francisco friends assuring him that his daughter was alive and well and had made no suicidal attempt. The young lady who courted death upon being ‘aban- doned by the unsavory masher was a Petaluma girl. Osmond Day is well and unfavorably | known here, ‘where he posed for some ! time asan English Lord. His career was | short, however, ne being recognized by a | gantlemun familiar with his record, and e was at once pain of arrest, LEVIN BROS Leading Grocers Special For This Week. COCOA. Walter Baker’s Breakfast COCOB............ 206 Regular price 25c. | CHOCOLATE. Huyler's Mexican Chocolate Regular price 30c. LUNCH TONGUE. Libby, McNeill & Libby's Lunch Tongues..200 Regular price 30c. PRESERVED GINGER. Our own importation from Canton, Extra Choice in Heavy Syrup, Jargest size.... Regular price 50c. MATCHES. Vaulcan Paraffin Parlor Match, the Best in the Market; one dosen Boxes to the Package <ieoo......4 Packages, 256 Regnlar price, 10c Package. SUNBRIGHT. Something new. For Cleaning and Polishing Like Sapolio. 5 Cakes, 25¢ ....Pound, 200 350 Reguiar price 10¢ Cake. DON'T DELAY. v is the time to pack Butter for the Winter. Come and leave your Order. Butter Guaranteed. Telephone South 398 Send For Monthly Price List Free. Country orders promptly attended to. 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