The San Francisco Call. Newspaper, June 23, 1896, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY, JUNE 23, 1896. MRS, CRAVEN THREATENED FOR CONTEMPT. Refused to Be Sworn Be- fore Judge Slack Last Evening. MUST ANSWER TO-DAY. Dramatic Bit of Play in the Drama of the Fair Will. WENERY CRIES “FORGERY.” I o Not Stand It,” Said Mrs. “ You Must,” Said the Lawyer. Will Craven. In answer to the subpena served upon them Mrs. Nettie R. Craven, her personal ttorney, E. Williams, and her nd and aaviser, Stephen Roberts, went efore Judge Slack last evening, and, after the most interesiing bit of play that has ossed the stage in the great drama of the Fair will, retired again back into the nigh Interesting as it was, it was still only the usual piay before the court, resulting t lasting postponement. Craven and the others were re- by the subpena to produce all the ments that she may have irom the and affecting the estate of James She did not do it. v, in the argument against attorney’s plea for time, she was yasted” without reservation. She was charged with being a forger and the head ¥ e . Fai identally This was by Garret McEnerney, done in ner quite unusual with him—his haking with the vehemence of h nd his face growing very red ven became very much excited from her chair, her white kid d to attract the attention ike a democratic delegate being overlookea by the chair, ed: ur Honor, this is too much! anted and outrageous!” inerney took advantage of the »n to take a large drink of water, down the glass, he looked er as he suid: vou will have to stand it, and of the same before you are This through. Thne court said The setting ot a word. this rather strong bit of was excellent. The , tne courtroom iies being present, vas almost a full roster of fications of —Lloyd, Wil- herney, Pierson, Sulli- nd all down the too- st. \ held a conspicuoas place a away from the table between her Choynski and Brittain. Near her illiams and Roberts, who were sub- penaed with her. She was dressed in brown, with ce about her throat, a jacket with big, white buttons and white kid gloves. Mr. Brittain, acting for Delmas,who was ill and unable to be prezent, made a strong and indignant protest ainst Mr. Me- D tatement. He declared that he ey) would not have dared to say had the senior counsel, M Delmas, been pres But the court refused to rebuke Mc- Enerney, but promised to do_so when it (the court) deemed that he (McEnerney) was transgressing any of ihe legal pro- prieties. However, the plea for time, based upon the illness and absence of Mr. Delraas, was | effective, despite the protest of the other side that such a proceeding did not call for coun: The matter went over until Wednes evening. Then the counsel for the petitioners, see- ing the game about to slip away for the time, readjusted themselves and moved that the parties subpenaed be sworn. The purpose of this was to_bring them imme- diately under the jurisdiction of the co urt. And it was contested. For at least seventeen hours the determination of it was postponed. ! Mrs. to come jorward and be sworn, flatiy re- fused. She said it politely enough, but quite firm *Your Honor, acting under the advice of counsel I refuse to be sworn.”” She sat down in a tremble. Judge Slack leaned forward and peered under the lights at the sides of the bench. ““What is that?” he said, in something like amazement. Mrs. Craven had it to say all over again. She arose, took & step forward, and, plac- ing her white kid eloves upon the back of Mr. Choynski’'s chair, repeated as dis- tinctly as beiore, with a touch of tremolo in her voice, “Acting under the advice of counsel, yo! Horor, 1 refuse to be sworn,” she repeated. Looking steadily at her and not at the counsel his Honor said, very slowly : “Then 1 will have to deem you in con- tempt of court.” *‘We shall insist that the witness be sworn,” said Charles Heggerty, doggedly. Mrs. Craven still refused. The court got 80 far as to fix the tume at twenty-four hours that she should spend in jail. F. S. Brittain, acting for Mr. Delmas, asked a suspension of sentence until at least to-morrow at 2 o’ciock—that is, to- day—and sentence was reserved until that time, at which time was Mrs. Craven directly ordered by the court to appear. Dr. Marc Levingston had not been served with a subpena, was not present and did not figure in any way. . THE PROCEEDINGS. The Celebrated Case In Its Details in Court. Herbert Choynski, representing Marc evingston, opened the proceedings by NEW TO-DAY. ITCHING SKIN DISEASES RELIEVED BY ONE APPLICATION OF (Uticura 8pEEDY CURE TREATMENT.— Warm baths with CUTICURA BoaP, gentie applications of CuTIcrRA (ointment), and mild doses of CoTI- CUEA RESOLVENT, greatest of humor cares. th hout the world. Price, CUTICURA, 50c. o owrans. Soc. ind $1." Porrer Dave ool iriends of Mrs. | Craven, when her name was called | | stating that J. D. Sullivan, Levingston’s | attorney in the Fair will matter,and D. M. | Delmas, the attorney for Mrs. Craven,were too ill to appear in court, and that Samuel M. Shortridge was out of town. He then asked that the matter be continued. This opened the battle. Charles J. Heggerty, vigilant as a gen- | eral momentarily expecting a surprise, | was on his feet in an nstant. He claimed that the proceedings were in the nature of taking depositions, and that Delmas and Shortridge were not attorneys of record, but simply of counsel. Then continuing he argued as follows: “This is a very important matter. In- struments have been filed under suspiciou; circumstances, affecting very large inter- ests of the Fair estate, and we desire to have the persons who possess the knowl- | edge of the facts give their testimony in the matter. We propose to demonstrate, | before your Honor, that those documents | are forgeries, and we object to any contin- nance. We ask your Honor to direct the | witnesses to take the stand and subject | themselves to the authority of this court.” | Choyniski objected to any further pro- | ceedirgs on the ground that five days’ | notice should have’ been given of the pro- | posed taking of depositions, whereas the | subpenas were served at 4:30 p. M. Satur- | day, he claimed. The persons whose depositions were to be taken, he added, had had no oppor- tunity to consult with their counsel, and be concluded by remarking: ‘These peo- ple are here, and they have no intention of going away. F. 8. Brittain, chief clerk for Delmas & | Shortridge, speaking for his firm, stated | that Mr. Delmas was too ill to appear and Mr. Shortridge was away. He repre- sented to the court that Mr. Delmas was | the only one sufficiently familiar with the | matter to handle it intelligently and | properly, and declared that the course of | trying to take the depositions under the | that were defined in the oraer of the court. He promised to be on hand and to comply with the court’s order. Roberts also passed the ordeal without further objection. Again Mrs. Craven was requested to take the stand, and again, this time quietly but tirmly, yet with a flush on her tace, she arose and said: “I decline to be sworn under advice of counsel.” Brittain challenged the right of the Judge to commit for contempt, claiming he was sitting as a notary, or commis- sioner, and not as a Judge. He added that if it became necessary they would show that Mrs. Craven had not been served with the order of the court and ame only 1n deference to his Honor. MclInerny asserted that a witness had no | right to question the jurisdiction of a grand jury norof any court. Judge Slack addressed himself to the contumacious witness: “Do you still de- cline to be sworn ?”’ he asked. +1f your Honor please, under advice of council, I must decline,’”” Mra. Craven an- swered. There was apparently no feeling on the part of either the Judge or the witness. The court then instructed the clerk to enter an order adjudging Mrs. Craven guilty of contempt and sentencing her to twenty-four hours in jail. The sentence of imprisonment reaa, ‘‘Until she submits herself to the court and is willing to be sworn.” The suggestion was made by McInerny that the matter go over until to-morrow, so as to give Mrs. Craven a chance to apvear with the papers. Brittain said the advice had been given his client after due deliberation, and not on the spur of the moment, and asked that a stay of the sentence be granted and an order first made that the witness show | cause why she should not be punished for | contempt. MclInerny objected to any stay on these grounds, but agreed to allow a stay until 2 o’clock this afternoon to give Mrs. Craven a chance to change her mind, provided Mrs., Craven would agree to be in court at that time. “*She certainly will be here,’”” answered Mr. Brittain, who turned to his client and in hearing and in sight of the whole court informed his client of the proposed ar- method proposed was wholly fau He claimed that Judge Slack was not sitting as a Judge, but simply as a notary | or commissioner, and that he had no more | jurisdiction than such persons. Mrs. Craven, he said, was not in court in 1e- sponse to any order of the court, but sim- | ply out of deference to it. He also asked | ior a continuance. | Heggerty opposed this motion on the | ground that witnesses were not entitled to | counsel. He suggested that if there were any objections o the manuer in which it | was proposed to take the depositions they | could be made when the depositions were offered in evidence. He moved that Mrs. | Craven be asked to take the stand and be | sworn. Brittain pleaded for Mrs. Craven again, | saying: “It has been charged that cer- | tain papers have been placed on record | and that they are forgeries. This is a mat- | ter of the contest of Charles L. Fair in | the matter of the Fair estate, and we ask | that we be not compelled to go on wuh‘ the witnesses while proper council is not | here. The witnesses are not going away.” | Here Heggerty renewed his motipn that | Williams, Roberts and Mrs. Craven, all of whom were present, be sworn. = Dr. Marc Levington, for whom a subpena had also been 1ssued, not having yet been | served. Willlams demurred, stating he | desired time and to have his attorney | present. Brittain again objected, basing his stand | | on what he termed the informality of the | | proceedings and its lack of jurisdiction. | |~ Heggerty came back quick as a flash on | Britt , declaring the situation was a most anomalous one. ‘‘The court is asked to grant a continuance,” ke said, “and at the same time is declared to have | no jurisdiction. I submit that these | proceedings are farcial. I find a gentle- of the bar, like Mr. Williams, ing that he wants time to investigate. ‘What? The testimony he shall give on the facts that are within his knowledge? | Is that the proper proceeding? Why | should Mr. Williams and Mr. Roberts be | allowed time to prepare their story ? | “They came here with deeds and filed | | them under suspicious circumstances, We | | demand, as a matter of justice, to have them go on the stand and purge then- | selves of what they know regarding them. | “The court has no power to make this | continuance,” he said, concluding. “Their | objections can be made when the deposi- | tions are offered in evidence. That is the | | extent of your Honor's power at this time.” | Heggerty stated that Garrett McInerny, who was at his side, was to be associated | with his firm in the Fair case, and he asked that Mr. McInerny be heard in the | matter. MclInerny precipitated the first exciting incident before be had delivered a dozen sentences, He briefly referred to the re- | cording of the two deeds on Friday and | | then struck home, saying: | “These deeds,’” he declared, *are re- | arded by all who are interested in_the Fair estate, myself included, as forgeries.” | Brittain objects to this argument, but| Mcinerny went on: ““It has been charged in the public press for months that Mrs. Craven had in her possession forged deeds. These deeds were filed for record last Friday, contrary to the practice 1 this City for the past for any one to see them and test their gen- | uineness. We believe that they will be proved to be forgeries. **As soon as we learned that the evi- | dence regarding them would simply be the page in the record we began these pro- ceedings in order to place these deeds in the custody of the court. “‘Mrs. Craven bas refused to affirm or | Senator Kair. “We want to show that she is at the | head of a manufacturing bureau here for dignation and scorn she-faced the attor- ney and, pointing her finger at him, shouted : “I wont have it! I wont stand it!” While he was being quieted by Brittain and Choynski McEnerney calmly helped himself to & glass of water, and remarked, sotto voce: “You'll have to stand it.” concluded by saying: “I state these fact: now to show that we should take the t | timony of this lady with the greatest dis- patc Brittain attempted to take McEnerney to task, but had only uttered the words: “This unwarranted and unjustifiable at- tack,” when Judge Slack interrupted him, saying he had heard enough. Judge Slack then said: ““The question 1s, Should the court proceed without the ! presence of these attorneys? I am dis- posed to be reasonable, but shall not ex- | tend the matter any longer than to| Wednesday to give counsel time to pre- | pare. But before doing so I will ask that the witnesses be sworn.” This was the crucial point. To take the oath was to admit the jurisdiction of the court and to clear the road for the exami- nation of Mrs. Craven and all her wit- nesses in reference to the two deeds and all other documenws of the late Senator Fair's writings in the possession of any or ail of them. Hardly were the words out of Judge Slack’s mouth when Heggerty was to the | front. “Mrs. Craven, will vou please take the stand ?” he asked. But that lady’s attorneys ready to give up the battle. _“*We submit, your Honor,” said Brit- fain, “bhas no power to order the witness to be sworn.”” Choynski also enterea an objection on the ground that the affidavit, which was the basis of the order of the court, did not contain sufficient evidence. At this juncture Mrs. Craven created a mild sensation. Rising and addressing the court she said, *‘I will not be sworn, under advice of my counsel,” she re- marked, as if she were declining a favor at the hands of the court. Attorney Williams was called to the stand, and after some ineffectual objec- tions was duly sworn. He was then in- structed 10 appear at 7:30 P. M. on Wednes- were not thirty years, so as to make it 1mpossible | deny she has a marriage contract with | producing Senator Fair’s writings,” he de- | clared. Like a flash Mrs. Craven was on her | feet. Rising to her full height in her in- He | rangement. The order for her to appear | to-aay at the hour stated was made and the court adjourned. Actions 1n ejectment were begun yester- day in pehalf of Mrs. Craven for the Pine- street property, southwest corner of Pine and Sansome, and the Mission-street prop- erty, corner of Eleventh and Mission. | The rents of both properties are cited as returning $5000 a month, and a claim of $10,000 and $100,000 for back and accrued rents in both cases is asked for. CRITICZE LAK METHODS, Receiver Sheehan and Attorney Watt Blamed for Neg- ligence. Five Huondred Dollars a Month and Perqu'sites Collected by the Attorney. Judge Seawell resumed the hearing of the case of the People against the officers of the People’s Home Savings Bank yes- terday. General John F. Sheehan was on the stand all day. General Sheehan was asked if he did not know, when he assumed charge of the bank’s affairs, that large blocks of stock were being transferred to insolvent per- sons with a view of escaping responsi- bitity. He replied that he only knew of such actions in a generai way from reading casually the reports in the papers of the Bank Commissioners’ doings. An inkling of the slipshod manner in which the bank’s business was conducted was given in Generel Sheehan’s testimony regarding its relations with James Alva Watt, the attorney of the institution. It seems that $500 per month was thought to be about the amount of money that would repay Watt for his services to the bank, and, 1n addition to this, the attorney was in the habit of bringing in bills for addi- tional compensation. The books of the bank show where, in addition to the regular $500 per month, Watt received, in and on another occasion $700, besides smaller amounts. General Sheehan al- lowed all these bills because he had faith in Watt as the bank’s attorney, and did not think he would bring in an unjust bill. Watt’s bill was based on the ground that the service was for the benefit of the bank. On one occasion Attorney Durst was paid $150, although the sum total of his services appears to have been to appear as a substitute for Mr. Watt. An item of $55 was allowed to Mr. Watt for typewriting done by Mr. Hardee, his stenographer, and was paid by the bank. The trust company peopie contend that Mr. Watt should have paid his own type- writing bills out of the $500 per month he received. | The litigation between the People’s Bank and the Kansas Real Estate and | dmprovement Company was also gone | into. The bank won this case and was given judgment for the face of its claim, interest and counsel fees. All this was paid, including $500 counsel fees. It de- veloped, however, that but $250 of this was paid Mr. Watt by the bank, the other $250 being received by him from the Kansas company. I:isclaimed that Watt should have turned this $250 in to the bank, but | that through the negligence of the offi- cials he was aliowed to retain it. General Sheehan was still on the stand when court adjourned for the day. SHOPLIFTER ARRESTED. Mitchell Detected Stealing Goods in the Emporium. Maggie Mitchell, an alleged profes- sional shoplifter, presumably bailing from the East, was arrested last evening by Special Officers Green and Allen while she was plying her trade in the Emporium, | The woman was seen to approach the rib- | bon counter, and after glancing around the building concluded herself undiscov- ered and slipped a couple ot bolts of rib- bon in her pocket. Some of the salesgirls detected the woman and sent for the special police, | who placed her under arrest. She denied having stolen the goods at first, and when ihe officers endeavored to search her she sobbed as though her heart would break. Her protestations were in vain, however, and under her skirt was found a sack fairly bulging with stolen goods. The first parcel to come out of the bag contained ten yards of dress goods. This was followed by a spool of cotton thread, a bolt of braid, a child’s shirt, five pairs of children’s stockings, five brass curtain rings and three yards of curtain lace. This satisfied the officers that they had made an important arrest, and the woman was taken to the Southern police station and charged with petty larcenv. The police searched high and low for Maggie Mitchell's room last evening, but were unable to locate it. When they do find the room they are confident that they will find a quantity of goods stored away and will be able to raise the charge against the shoplifter. Maggie e Tremendous s+ xcitement. The Chief of Police had to be called yester- day to keep the vasterowd of eager buyers biz sale of James M. Moran & Co.’s dry- stock, at 1009-1015 Market street, now ing slaughtered for the benefit of the creditors, and no_wonder that there should have been such a jam, as the stock for is'45¢ on t continues it will not take lon, $85,000 stock. e e Henebery’s Estate. Rev. John E. Cottle has applied for letters of administration on the estate of Andrew Hene- Knces they are selling the e dollar. If the great rush g to clear out t.he day with all the papers in his possession bery, who died June 16, leaving a&n estate valued at over $10,000. December, 1894, $950, | WILL MARRY A FORMER PUPLL, A Pretty Romance of the Public School De- partment. CAUGHT HER TEACHER. The Patience of Vice-Principal Kingsbury Rewarded at Last. WAITED TWO LONG YEARS. A Wedding to Take Place To-Night at the Central Methedist Epis- copal Church. A wedding that will take place this evening at the Central Methodist Episco- pal Church on Mission street, near Sixth, will bring to a happy termination the prettiest romance that ever interested the School Department of San Francisco. The contracting parties are Willard deL. Kingsbury, vice-principal of the John Swett Grammar School, and Miss Clara Jeanette Stanbridge, a former pupil of ‘the teacher. Two years ago Mr. Kingsbury, who is considered a remarkably bright tutor, was vice-principal of the Franklin Grammar School, on Eighth street, between Harri- son and Bryant, and as is custom- ary with vice-principals, taugnt the ninth or highest grade of his school. Among the young iadies under his charge was Miss Stanbridge, a pretty girl of sixteen summers, who showed an apti- tude for her studies beyond her years, and won the approbation of her teacher. It was not long before a feeling stronger than friendship and the admiration in- spired by a bright mind stirred in the schoolmaster’s breast, and though he sought to stifle it and treat her simply as her tutor and as he treated the other girls, it would not down, but mastered him. Try as he would to conceal his feelings the sharp-eyed damsels of his class saw his sjate of mind, and it soon became a matter of remark among them that Mr. Kingsbury seemed to be very fond of Clara Stanbridge. - Ere long Mr. Kings- bury’s affection for his fair pupil became 8o strong that he no longer tried to fight against it, but allowed Cupid to lead him to the home of his charmer, who lived with her parents in a cozy residence at 31 Gar- den street. § To Miss Stanbridge’s fatner, who is con- nected with the Pacific Woodenware and Cooperage Company, the smitten teacher confided his affection for the daughter and asked for her hand. Her parents, how- ever, deemed her too voung to undertake the responsibilities of marriage and ask ed him to wait a couple of years until she had reached her eighteenth birthday. Though impatient at delay Mr. Kings- bury consented to the long wait, consoled with the thought that he could see and talk with his charmer each day. Soon his hopes were shattered, for he was trans- ferred to a similar position in the John Swett Grammar Schocl on McAllister street, between Franklin and Gough, that he had held in the Franklin School. The change involved a partial separa- tion, but there was no way out of it, and Mr. Kingsbury went to live out his two years of exile from his fiancee’s presence. The period expired recently, and for some weeks preparations for the wédding have quietly been going on. The bride will be attended during the ceremony by a number of her former schoolmates and pupils of Mr. Kingsbury, and after the honeymoon journey the couple will locate in a handsome residence which Mr. Kingsbury has furnished for his bride. Vice-Principal Kingsbury is the teacher who gained no little notice in the School Department some years ago by his inven- tion of a new system of teaching history, geography and other studies. He converted whole books into verse and had his pupils commit them to mem- ory, believing that the minds of the young people’ under his charge world retain names and dates much better by that method than by those generally in vogue. Mr. Kingsbury is still a young man, being about 30 years of age, and has been con- nected with the San Francisco School De- partment for some time. . A SCHOOLS S CLIMA Miss Lake’s Celebrated Institu- tion Forced to Close Its Doors. Financial Depression of the Last Three Years Said to Be the Reason. Miss Lake’s school is doomed to obliv- ion. A sale will begin at the beautiful structure on the corner of Sutter and Octa- via streets this morning. The gymnasium fittings, the furniture, paintings and bric-a-brac, and even the ten pianos provided for the use of the pupils are to be sacrificed to meet the fingncial obligations incurred by the insti- tution. For years Miss Lake stiuggled for recog- nition 1n a small and inconvenient build- ing on Post street, with the result that ber labors placed the school on a plane which made it the acme of every San Francisco’s girl’s ambition to be graduated therefrom. ‘When the handsomely furnished build- ing on the cornerof Sutter and Octavia was erected, all believed that the school had seen only the dawn of its prosperity. This year twenty young ladies graduated from ihe school and were accredited with the university in all branches. The climax has now been reached. It is & sad one. The dismantliug of the build- ing which has been the abiding-place of erudition will bring pain to many girls :ggr:vomen who have spent happy hours “The truth is,’’ said Miss Lake yester- day, ‘1 undertook too much. It was a severe task to keep a preparatory and finishing school up to such a standard and on such a scale as I wished. As I could noc lower the standard, all is over. ““For the past two years I have ported the school I loved out of my own rivate resources. They are now ex- austed. I attribute the disaster to the sup- financial depression of the last three years and the gloomy outlook for the coming year.” Miss Lake declares that she wishes no vacation, nor has she any plans for the future. All she knows, she says, is that she must find some way in which to dis- pose of her energy as soon as possible. —— COURT-MARTIALED. Captain Warren of This City Charged With Stuffing. Captain Frank W. Warren of Company H, First Regiment, National Guard of Cal- ifornia, was tried last night by a court- martial at the California Hotel. The charge was that on the evening of April 3, 1896, on the occasion of the an- nual muster of the company in this City, Captain Warren was cognizant of the fact that a man named Ratchford was in the ranks and anuounced present for a man named Corwin who was absent. About fifteen witnesses were examined, after which the court went into secret ses- sion to deliberate upon its verdict. Shortly before midnight their deliberations were concluded, but whatever their finding may be it will not be known until the testimony shall have been printed in full and sub- seribed to by all the witnesses. Then the president of the court will affix the verdict and the decision will be publishad. From what conld be gained by conversa- tion with individuals interested in the progress of the trial there is not a very strong probability that the accused will be severcly dealt with. The court consisted of Major Juillard of Santa Rosa, who presided, Major Hayes | of Oakland, Mnior Murphy of San Fran- cisco, Captain Elliott of San Rafael, Cap- tain Poulter of Oakland, Captain Part- ridge, the District Attorney of San Jose, and Captain Boardman Jr. of San Fran- cisco. Major D. 8. Dorn of San Francisco acted as judge advocate. BURIAL OF REV. G VINAY The Missionary Who Was Dis- missed a Week Ago Is Now Regretted. Rev. Mr. Jenks Precys That “Sins of Omission” May Be Pardoned. The Bereaved Famlly. ‘“He bore two years of grief and suffer- ing, passing calmly through the storm. He gave what he could for God—his all; and now he has fallen by the roadside. Iknew him well. We hLad to face the same aiffi- culties and sufferings and sustained one another’s courage.”” It was thus Rev. E. Dupuy of the French Reformed Church spoke at the funeral ser- vices of Rev. G. Vinay, which took place The Late Rev. Mr. Vinai. vesterday afternoon in Bersaglleri Hail. The San Francisco Presbytery was present in a body, to bury the missionary, whom exactly a week Gefore it had dismissed from its service. All the ministers who made addresses alluded feelingly to the courage and high principles of the man who lay in the casket before them- Two vears ago the San Francisco Pres- bytery brought Rev. Mr. Vinay here from an assured position in South Carolina to undertak e the Italian mission at North Beach. When he arrived he found, to his surprise, that there was no money in the treasury, and the salary of $1600 per annum which he had been offered has since been paid with such irregularity that he and his family have had to live for montas at a time on credit. On the 15th inst. the presbytery held a meeting, at which it was resolved that after July 1 the Italian work should be discontinued, on account of lack of funds. After the publication of the pastor's condition in THE CALL he was visited by different members of the presbytery and everythins was done to alleviate his con- dition, but it was too late. His sickness changed to severe erysipelas and he diea on Saturday night. His sudden end has been a severe blow to the presbytery. Rev. J. Cummings Smith said yesterday: “Thefundamental fault lay in the presbytery undertaking work which it could not afford. From the first { have been opposed to the I[talian work on those grounds, but have always been voted down. The Board of Home Missions in New York should have con- tributed to Mr. Vinay’s salary, but the board nas felt the financial stress severely and bas not sent the money regularly.” The funeral services in Bersaglieri Hall were attended by all the prominent mem- bers of the presbytery in town. Arcund the hall sat the late pastor’s flock, many of them unable to foliow the services through lack of knowledge of ‘the English Ianguage. school stood about the door gazing won- derinely at the proceedings, and a choir of French and Italian ladies, many of whom were weeping, rendered the fineral bymns. Inthe middle of the ball stood the black casket, on the glasslid of which some child had placed a little handful of faded white flowers. There was also a cross of sweet peas, and some old-fashioned garden flowers had been heaped at the base of the coffin. Rev. F. Farrand, the moderator of the presbytery, spoke of the missionary’s death as “One of those mysterious visita- tions to which we must submit.” He said that all present would be glad to tes- uffl to their esteem for the dead brother. ev. J. Jenks of the First Church ex- pressed Christian resignation in a prayer. He thanked God for the life and the brave heroic death of the brother, and prayed, ‘“Pardon us for our omissions and our sins of shortcoming.”” Rev. J. Cummings Smith paid a high tribute to the worth of the dead mission- ary, and spoke of the splendid work he had accomplished in South Carolina. Rev. Eugene Dupuy made an address which moved someJ)eopla to tears. The services were concluded at the grave in Odd Fel- lows’ Cemetery. The Y‘all-benrers were: D. B. Lamperti, E. Courvoicier, pucetti, W. Pardini, A. Arogona. The presbytery will be responsible for the funeral expenses, and an effort is be- ing made to raise funds to send Mrs. Vinay nnc} her three children to Sicily immedi- ately. John Russell, F. Ca- ———— The Enoch Talbot Libeled. The State Harbor Commissioners filed a suit in the United States District Court yesterday llbel|n¥ the bark Enoch Talbot. In the com- plaint it is alleged that the proprietors of the craft are indebted to the State in the sum of $239 for dockage. The plaintiffs also sue for the costs of the proceedings and for the en- forcement of all penalties provided for in such cases. The children from his Sunday- | ‘| termined by a jury clothed with MAGUIRE SCORES JUDGE CATLIN. Says He Intended to Pun- ish McClatchy for Libel. STIFF VERBAL PUNCHES. McClatchy Entitled to a Jury Trial Before an Impar- tial Judge. PRESS DEFENSE ASSOCIATION. The Congressman Believes That It Sheuld and Will Be Revived at an Early Date, The decision of Judge Catlin in the case of Editor McClatchy of the Sacramento Bee, charged with contempt of courtin having made severe strictures on certain proceedings outside the presence of the court, has aroused to action those citizens who deem the freedom of the press again threatened. There is an almost unanimous opinion that the old Free Press Defense Associa- tion, called into action by the historic Barry contempt case, should again be re- vived. Though not much has been openly said up to date, the undercurrent of opin- ion is strong, and the association may again, phenix-like, rise from its ashes and do battle against the narrowness and illib- erality of the bench. Congressman Maguire’s name having been mentioned for the presidency of the rejuvenated association, he was seen yes- terday and asked to give his opinion on the contempt case in question. “My opinion has always been,’” he re- plied, “‘that the power of the court to pun- ish for contempt should be limited to cases arising in the courtroor, or in the immediate presence of the court during its sessions, thereby interfering with its procedure. “I drafted the act which Judge Catlin declared unconstitutional, and it expresses exactly what my view of the law should be. “‘The power exercised by Judge Catlin in the McClatchy case was not excercised for the purpose of preventing the orderly pro- ceeding of his court from being inter- rupted or being interfered with in any way. It was exercised for the purpose of punishing the man whom he behievea had been guilty of libeting him in his personal and official character. “Mr. McClatchy may have been guilty of libeling Judge Catlin. I express no opinion on that question. Indeed, I never read the offending article. “But Mr. McCiatchy was entitled on that question to have his guilt or innocence de- the power of determining the law as well as the fact. And, in my opinion, he was en- titled to have the trial proceed before an impartial Judgze—not, at any rate, before the Judge who charged him with libel. “1l believe that the Free Press De- fense Association should now be revived. I think that as long as any court claims the power to punish a citizen summar- ily for the publication of a libel con- cerning the court or the Judge, all who be- lieve in the preservation of individual rights, of freedom of speech and of the press, and who know that ‘eternal vigil- ance is the price of liberty,” should organ- ize, and keep organized, until such tyranny is made impossible.”” “I have talked with others on this sub- ject, and the general sentiment seems to be in favor of reorganizing the Free Press Defense Association.” KING BAOUGHT TO TIME, The Supervisor From the First Receives a Sudden Set- back. Declared Out of Order and Forced to Sit Down by Sup.rvisor Dimond. “This City has been robbed out of thou- sands of dollars,”” said Supervisor King during the session of the Board of Super- visors yesterday, and this declaration, coupled with other remarks, was the means of getting the representative of the First Ward into considerable hot water. The board had previously sustained the Mayor’s veto to a number of ordinances granting contracts to others than the low- | est bidders for supplies for the City and County Hospital. Toward the close of the meeting Supervisor King offered a resolu- tion rescinding the action of the board which gives the contract to the Pacific Marine Supply Company, and made use of the language quoted, adding that the supply company offered bids on one thing ana delivered another. About this time Supervisor Dimond, who was in the chair, concluded that it was time to take a hand. “The gentleman from the First is out of order,” he announced. *‘Out of order!” sputtered King; “I. am going to speak to my resolution.” “Sit down,” ordeved the chairman, sharply. King continued to argue. but his words were drowned by the hammering of the chairman’s gavel. Mr. Dimond announcing that the business of the meeting would proceed. *‘But my motion”— began King. ‘‘Has en declared out of order,” snapped the chairman. ‘“The gentleman from the First can appeal from the decision of the chair.” ‘‘Haven't votes enough,” said King, glancing hopelessly about the assemblage, and during the laugh tnat followed he sat down abrubtly, too dazed by being forced to vield to authority to make a further ar- gument. ——————— To Quiet Title. Nellie M. Connor has begun suit against Charles McCarthy of the McCarthy Company, the Stanford Heights Improvement Company and other corporations and indiviauals to quiet title to twenty lots to the Lakeview Tract. ——————— Dropped Dead on the Street. C. W. Smith, 1418 Geary street, dropped dead yesterday morning at the corner of Laguna and Sutter sireets. The deceased was & coppersmith by trade and was well known along the water front. Children Cry for Pitcher’s Castoria. 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