The San Francisco Call. Newspaper, August 11, 1896, Page 10

10 THE SAN FRANCISCO CALL, TUESDAY, AUGUST 11, 1896 MURDERED AT A WAYSIDE NN, August Florentine Is Shot Down Behind His Own Bar. WHISKY WAS THE CAUSE Fell Dead Before the Eyes of His Wife—Slain by Arthur A. Jackson. HIS PLEA IS SELF-DEFENSE. Jackson Surrenders—The Parties’ Bad Records—The Notorious Four- Mile House. At about half-past 12 o'clock yesterday noon August Florentine, the proprietor of the Four-mile House, at the corner of Rail- road and Twenty-fourth avenues, was shot in the left breast just over the heart by Aribur A. Jackson and instantly killed. 1f the story told by the widow of the landlord be true it was a cold-blooded crime, with no other apparent cause than a dispute over liquor. Jackson, though, surrendered himself into custody laterin the afternoon at the City Prison and ad- mitted that he had killed Florentine, but claims that he dia so in self-defense. Fol- lowing are the circumstances of the trag- edy as nearly as they could be learned: A little before noon Billy Troy, a well- known character, was in the saloon some- what drunk, when Jackson, in company with Charles Laydon and Cornelius Hur- ley, two young companions of his, came in, and, stepping up to the bar, ordered drinks. Concerning what happened after that there is a conflict of testimony. At the moment of the shooting Florentine was behind the bar, and Jackson, Laydon, Hurley and Troy were standing around outside. There were not any other wit- nesses in the saloon, but Mrs. Florentine was in an adjoining room a short distance from the bar. When she heard the report of the re- volver she immediately opened the con- necting door, saw Jackson with the smok- ing weapon in his hand, and her husband, with his hands uplifted and the biood gushing from his breast, stagger from be- hind the bar. With an agonizing ery she rushed for- werd to his sypport, but before she could aid him he fell heavily to the floor. Jack- son, Laydon, Hurley and Troy went hur- riedly away. ‘George Croskey and Charles Schwally, an employe, were quickly in the room. The head of Florentine was raised and water brought and poured over it, but it was too late. He was stone dead and never spoke a word after he was shot. Mrs. Florentine says that when Jacksen and his friends came in the door of the adjoining room, where she was sitting, was partly open, and that in consequence of some vulgar lancuage used by them she pushed it to, but could still overhear more or less of the conversation between the young men and her husband. They had some drinks, she says, and then Jack- son wished for credit for another round, but was refused by Florentine, who ex- plained that as he was a poor man with a large family to support he could not con- sistently give credit. As a sort of balm for this refusal he then invited all hands to take a drink with him. The invitation was accepted and a moment later the shooting occurred. The widow denies that there was any preliminary quarrel or any provocation except the refusing of credit for the shoot- ing. Jackson, she declares, is a danger- ous young man, who had frequently vis- ited the house before, and whenever he was around she was always fearful of trouble. Her husband, she says, well knew his dangerous character and was ac- cordingly careful not to give him any cause for offense. This statement is cor- roborated in the main by Croskey, Schwally and Eugene, the murdered man’s son. They also speak in disparag- ing terms of Jackson’s companions. “The Florentine” or “Four-mile House’ bears an unenviable reputation. It isa small wayside house, looking compara- tively well from the exterior, but within, especially in the barroom where the kill- ing occurred, it is gloomy, squalid and poorly furnished. There is a sign posted outside warning hoodlums that their company is not desired, and yet, if the re- ports be true, the house depended for its vatronsge principally upon a disreputable and dangerous class, On the afternoon of Sunday, January 20, 1884, a drunken row was under way in the bar of the “Bay View Honse.” This house, which was located a short distance from the scene of yesterday’s tragedy, and was subsequently burned down, was run by Florentine. Louis Wepper and a man named Hutchings went outside to setile their dispute. In the fight which ensued, Hutchings was kicked and beaten to aeath, ‘Wepper being aided in the job by Floren- tine, who kickea Hutchings in the head. Fiorentine, with Wepper, was tried for murder in Judge Murphy’s court, but was finally acquitted upon the ground of seif- defense. Jackson is apparently some 21 years of age and belongs to a respectable family. His home is at 21198 Howard street. His father and sisters were greatly shocked and grieved when they heard what he had done. He is said to have kept bad com- pany and has something of a police record. At the South San Francisco po- lice station he has been several times ar- rested for drunkenness, petty larceny, etc. Sometimes he woula give his occupation as that of a fireman and again as that of a tanner. In February last he assaulted Frank Kesling and George Woed, two street-railroad men, on First avenue with a butcher’s steel and cut them severely about their heads. A month ago he got into a fight with Hutch Gorman on Fifteenth avenue and was cut with a knife. Florentine is an Alsatian 53 yearsof age. Mrs. Wagner, one of hisdaughters, resides on Seventh avenue. The remainder of the family, comprising the widow, one boy and four girls, live at the ‘Four-mile House,”” which has been kept by Floren- tine for the last two or three years. Pasted upon the wall back of the bar, where Florentine was standing when shot, is the following inscription, the enforcement of which may have cost him his life: My will 1s good, my price is just; 1'il use you well, but cannot trust.” When the police arrived at the house from the South San Francisco station Jackson and his companions had disap- peared, but men were promptly detailed o find them. Immediately after word was received at police headquarters of the 7 — / V, 7 4 T ! Interior of the Lonely Wayside Inn, the “Four-Mile House,” Railroad and T wenty-Fourth Avenues, Where August Florentine, the Proprictor, Was Yesterday Fatally Shot by A rthur A. Jackson. murder Captain Lees detailed Detectives Cody and Gibson on the case and they started off on a hunt for the murderer. Shortly before 5 o’clock yesterday after- noon a young man called at the City Prison and told Doorkeeper Parrott that he had shot Florentine, Hesaid hisname was Arthur A. Jackson, and he thought it better to surrender himself. Parrott opened the door of the prison and took Jackson toCaptain Robinson, who in turn escorted him to Captain Lees. The cap- tain, after hearing his story, ordered Cap- tain Robinson to lock him up. “f am 19 years of age,” said Jackson, “and a marine fireman %xy occupation. I was born in South 8an Francisco, and everybody knows me there. *This forenoon I met two friends—Cor- nelius Hurley and Charles Laydon—and we went into Florentine’s saloon to have a drink. There were three or four men at the bar at the time, among them William 0y, “We had our drink, and Florentine got angry at a remark made by some one. He vulled a revolver out from under the bar and began flashing it around. He thought I made the remark and began to abuse me. Itold him to put down his gun and he lowered his hand. I said to him: ‘Now, don’t you lift that gun again, as there is no use in having trouble here.’ In a flash he lifted the gun and presented it at my head. As he tried to pull the trigger I whipped out my revoiver and fired at him. Idon’t know where the shot struck him, but I think near the heart. “Florentine bore a bad reputation, as he was once arrested for killing a man, and I did not want to take any chances. I shot him in self-defense, and that is why I have surrendered myself. My two friends and the other men at the bar will bear out what I say.” Detectives Cody and Gibson last night ar- rested Cornelius Hurley and Charles Lay- don, the two young men who entered the saloon with Jackson. They were placed in the “‘tanks” till Captain Lees gets a ghance to hear what they have to say to- ay. SMITH INTENDS 0 fLY. A Local Physician Preparing to Launch a Line of Aerial Ships. The Inventor Says in Three Months He Will Carry Passengers to New York. The Atlantic and Pacific Aerial Naviga- tion Company is preparing to enter into ruinous competition with the transconti- nental railway companies and incidentally have constantly on hand vehicles for use in time of war whereby dynamite and other uncomfortable commodities may be dropped into the camp of unsuspecting enemies. The organization of this com- pany is due to the inventive genius of Dr. C. A. Smith, a physician, residing at the corner of Polk street and Ivy avenue. For three years Dr. Smith has been laboring on the conundrum that puzzled the renowned Darius Green, “The birds ken fly, an’ why can’t 17" At last the doctor believes he has solved the problem. He has applied for a patent, which telegraphic advices inform him will be issued to-morrow. Saturday articles of incorporation were filed, the purposes of the company ‘being declared to be to.con- struct, equip and navigate airships, to purchase and sell letters patent, to carry dispatches, mails and other valuable mat- ter, to elevate lookouts over battle-fields and to carry dynamite and other explo- sives over cities, forts and vessels in time of war. The company also proposes to sell machines to the United Siates and other countries. There were five directors named in the articles: C. A. Smith, R. C. Smith, J. J. Truman, George T. Gaden and M. A. Terry. C. A. Smithand M. A. Terry are the only ones materially interested in the scheme. Edward Fasler, a mining man, is said to be backing the enterprise, and Dr. Smith declares he will have his first air ship ready to start for New York in three months. He intends to start to work on its construction immediately. The vessel is to consist of a huge cigar- shaped cylinder of aluminum, the greater portion of which will be filled with some light gas. It will be provided with canyas wings, operated by a gasoline engine made of aluminum. The apartments for pas- sengers and operatives will be underneath, The inventor says be will make the trip to New York in forty hours. ———— Borrow on sealskins, silks and jewels at Uncle Harris', 16 Grant avenue, (TS WATER FRONT IN THE BALANCE, The Fate of Oakland’s Shore Line Soon to Be Settled. ARGUED ON APPEAL. The Cases Submitted to the De- cision of the Supreme Court in Bank. POINTS MADE BY LAWYERS. Ex-.Judge Garber, Attorney E. J. Pringle and Other Legal Lights Address the Bench. The Oakland water-front cases occupied the attention of the entire Supreme bench yesterday, the seven Justices sitting in bank during the whole day’s session. The arguments enaed about 5 o'clock and the cases were then submitted. In the case of the People against the Oakland Water Front Company, on the application of the respondent, a space of fifteen days was allowed for the filing of a brief in reply. Ex-Judge Garber argued for the respond- ent in the case of the City of Oakland against the Water Front Company, and in the action of tne Oakland Water Front Company against Dameron and others Attorney H. S. Brown opened the argu- ment for the appellant, being followed by Ben Morgan, Michael Mullaney and E. J. Pringle for the respondents, ex-Judge Garber speaking in reply. Mr. Pringle contended that the grant of the Oakland water front to Horace W. Carpentier in 1852, from which all the cases take their origin, did not convey to Carpentier a title to the property in fee simple. Carpentier was to hold the land in trust for the purpose of improving it and constructing wharves upon it. The grant, he said, was made for the purpose of facilitating the improvements contem- plated and not in order to enrich Carpen- tier by conveying to him a valuable prop- erty., At most, a life estate was conveyed by the terms of the grant, the omission of the word *‘heirs,’”’ for which the words *‘assigns and legal representatives'’ were substituted, being fatal to any claim of title in fee simple. ‘‘As to the contention of the learned counsel on the other side, to the effect that any irregularity in the first grant was remedied by the confirmnwryhgunt of the year following,” continued Mr. Pringle, “the answer is simple. The grant of 1852 was plainly insufficient to establish an ab- solute title, and the confirmatory one of August 27, 1853, merely ratified it and con- firmed it. It isa well-known maxim of common law that ‘qui confirmat nihil dat,” in other words, that nothing is given by merely confirming and ratifying a gift already made.” *“Do you mean to say,” interposed Jus- tice McFarland, “that if you make a con- veyance to me and after a year or‘so we come to the conclusion that that convey- ance is insufficient, we cannot make another?” “Certainly not,” was Mr. Pringle’s re- sponse; ‘but if the second conveyance were merely a confirmation of the first, it could convey no more than the first pur- ported to convey. Anyhow this confirma- tory grant cannot mend matters. To be sure, after repeating the words of the original grant it goes on to say that the Oakland water front is conveyed to Car- pentier ‘in_fee simple, forever,’” but even in that additional clause no mention is made of ‘heirs.” I know there is one case from the New Hampshire Reports cited in support of the contrary view; but it is in opposition to all other decisions in this country and in England. I contend that neither by the original grant nor by the confirmatory conveyance did Carpentier The Latter Surrendered Himself to the Police and Pleaded Self-Defense. acquire a title in fee simple to the Oakland water front.” Ex-Judge Garber took the opposite view, contending that the conveyance and the confirmatory grant of the following year were sufficient to pass the title in fee sim- ple to Carpentier. “And what is more,” he went on, ‘‘this conveyance was not a grant by the city of Oakland;merely, but a State grant.”” ““How was that?” inquired one of the attorneys on the other side.. *In 1861, answered Mr. Garber, *‘the State Legislature confirmed all the ordin- ances of the city of Oakland.” ‘““All the ordinances?” queried the form- er speaker. “The ordinances then,” rejoined Mr. Garber rather testily; “at amounts to the same thing."” *“No one contends that by granting certain lands to Carpentier the city re- nounced its right to a water front. It could go beyond the limits assigned to Carpentier and build another water front of its own, but as to the conveyance of the land in question I hold its absolute title passed to Carpentier by the two convey- ances from the city of Oakland by special ordinances ana by the subseguent con- firmation of those ordinances by the State.” The decision of the Supreme Court is looked for with much interest. It .will probably be some time coming, as the teply briefs in the case of the people against the OQakland Water Front Com- pany have yet to be filed. THROWN FROM A BUGGY W. J. Gannett ; Several Ribs Frac- tured and Mary Wentworth Is Slightly Injured. William J. Gannett, a carpenter living at Twenty-fourth and Rhode Island sireets, and Miss Mary Wentworth, 2208 | Twenty-fourth street, were driving along Douglass street in a buggy yesterday morn- ing. Between Twenty-second and Twenty- third streets the horse shied at some ob- ject and both occupants were thrown out. Some one who witnessed the accident ran to the nearest telephone and sum- moned the ambulance. Gannett and Miss Wentworth were taken to the City and County Hospital, where Dr. Dudley at- tended to them. Gannett had several ribs fractured, angd as he is 70 years of age the shock to his system may prove serious. Miss Wentworth escaped with a sprained wrist and a few bruises. Both were sent to their homes yesterday afternoon. b SUFFRAGE IN SAN MATED, The County Is Now Fully Organ- ized for the Ensuing Campaign. Rapid and Efficient Work of Mrs. Laura Ridd:11 to Be Continued in the South. San Mateo County is now literally dotted over with woman suffrage clubs, each vot- ing precinct having one. Most of the or- gnnlzul_ions have prominent society ladies as presidents, but in one or two instances gentlemen of equal social standing have accepted the honor. Mrs. Laura Riddell, to whom the work of organizing the county was confided, has performed her task quickly and well. Much going about hom_ place to place, much speaking in public and in private, and a deal of labor and physical discomfort were necessary concomitants of the work, but Mrs. Rid- dell says she had time only to notice and appreciate the exceeding warmth of the welcome which greeted her wherever she went. Following is a list of the clubs with their presidents: 2 Redwood City, three clubs, presidents Mesdames E. R. Loveland, G. Rice and Alice Mansfield; San Mateo, two clubs, presidents Mesdames D. L. Walker and K. Dakin; South 8an Francisco, Mrs Ella Miner; San Carlos, Mrs. V. Lord; Wood- side, Mrs. Kate Spedding; Searsville, Mrs. Kate Rix; La Honda, Mrs. Ida J. Sears; Pescadero, B. F. Wilson; San_Gregorio, Dr. Mark Emerson; Purisima, N. H. Mar- tin; Spanishtown, Miss C. M. Fraser. Yesterday Mrs. Riddell started for Los Angeles to undertake the more laborious work of organizing that populous and im- portant section. Her instantaneous success wherever she has thus far gone has given the woman suifrage powers every reason to anticipate that her work in the south may prove as eflicient as in this portion of the State, CORNWALL READY 10 BE CALLED, May Testify at the Next Session of the Grand Jury. SIGNIFICANT CONTRACT. To Illuminate the Streets for a Period of Two Years. SUPERVISORS OUT OF TOWN. The Accused Scven Should Be Ar- raigned Before Judge Slack To-Day. Up to 4 o'clock yesterday afternoon P. B. Cornwall, president of the Mutual Electric Light Company, had not been served with a subpena to appear before the Grand Jury. He ascertained from the newspapers, while he was looking after his coal interests in the Puget Sound country, that the Grand Jury was looking after him. He expects to attend the session of the jury next Friday as a witness. He is not definitely informed as to what the Grand Jury desires to know, but if the informa- uon desired is in his possession he will impart it. Mr. Cornwall was asked if he haa any conversation recently with Colonel Taylor, the Supervisor from the Eighth Ward. “Qh, yes,” replied Mr. Cornwall. “I have had many talks with Supervisor Tay- lor. Weareold friends and talk together every time we meet.” Mr. Cornwall was asked if he haa any knowledge of the person who was agent or broker of the Supervisors, and in response remarked: *I do not believe that they have any agent or broker.” Mr. Cornwall was asked if the Super- visors had not made a bad bargain for the City in contracting with the Consolidated Edison Light and San Francisco Gas Com- pany for lighting streets and pubiic build- ings for a period of two years. Replying to the question he said: “As I am in the electric light business myself the question should be asked of some dis- interested party.’’ “Did your company compete for the contract?” “No; we were not in condition to supply | light.” “Will your company inside of a year be able to offer competition for lighting public streets?’” *“Yes, within a year, I believe; but we get no satisfaction from this Board of Su- pervisors. It has been the common saying for years, you know, ‘that the last Board of Supervisors was the worst the City ever had.’ This one is surely as bad as any we ever had. The Grand Jury, by probing deep, may get some important facts. Since I returned from the north I have been | very busy, and have not had time to clear | up my desk. During my absence from the City I learned tnrough the newspapers ¢hat the Grand Jury wanted me as a wit- ness, and, of course, I will obey the sum- mons. So far I have not been subpenaed. I am glad that Tag CALL is sustaining the Grand Jury in the investigation. Itisin the interest of the public that the facts should be brought to light.”” Ii now seems to be pretty well settled that Supervisor Taylor had Mr, Cornwall in mind when he said that one citizen of San Francisco could tell something of the rascality of the Solid Seven. Supervisor Taylor is probably the man who gave to the Grand Jury the tip that caused Mr. Cornwall to be subpenaed. To a certainty it cannot be ascertained what line of inquiry will be pursued at the next session of the jury. The sus- picion is growing that the Solid Seven re- ceived more than the thanks of the Edison Light Corporation and the San Francisco Gas Light Company for the privilege.of lighting the City for two years to come at a rate highly remunerative to the consoli- dated corporations. When the two companies, several months ago, were merged into one some of the stockholders of the gas company were inclined to kick vigorously when it was proposed to offer the Edison Company an interest in the consolidated company, worth & great deal more 1n cash than it would cost to duplicate the Edison plant. It was then explained that the gascom- pany could duplicate the Edison outfit, but the duplicate would not remove the com petition. In the light of what has since transpired its seems reasonable that the main pur- pose of the consolidation was to remove all competition in bidding to light the streets .and public buildings of the City. The Grand Jury may feel inclined to delve “into the hidden details of the combina- tion and ascertain if a job affecting in: vidual consumers as well as the City was not pat up. There will be other witnesses than Mr. Cornwall at the next session of the Grand Jury. Neither Mr. Maskey, the foreman, nor Mr. Payne will say how many there will be. To-day is the time fixed for the accused seven Supervisors to appear in court and answer the accusation against them which the Grana Jury presented to the District Attorney. The seven will perhaps be represented by an attorney. Four of the accused were out of town at last accounts. Benjamin has gone to Catalina Island, Wagner to Milwaukee and Hughes and Morgenstern to the mountains of Butte County. BREAKING BLUEROCKS. The Olympic and Empire Gun Clubs® Regular Weekly Matches. The Olympic Gun Club held its regular 25-bird club shoot on the Lincoln Club grounds at Alameda ,Point Sunday. Keen interest was manifested asto who would be the champion. Nauman achieved the nroud position, P. B. Bekeart winning the first class medal and H. Ver- non the second class. The following scores were made: 0. Feudner 20, A. J. Webb 21, C. Nauman 23, P. B. Bekeart 19, C. Haight 23, W. J. Golcher 19, G. H. T. Jackson 19. F. Vernon 20, M. C. Allen 19, H.Goicher 16, F. Feudner 20, A. H. ‘Whitney 15, H. Justin 17, H. Vernou 21, L. C. Owens 19, Grant 11. The following back scores were made: 0. Feudner 23, C. Nauman 20, H. Golcher 16, M. C. Allen 16, H. Vernon 21, G. H. Jack- son 23. The Empire Clup held its regular semi- monthly 25-bird match at its grounds yes- day, when the subjoined scores were made: Williams 5, O. Fisher 17, Vandall 15, Men- denhall 20, Eisfeldt 11, Judd 18, F. Williams 5, Levin 9, Mike 16, C. Fischer 20, King 19, Young 14, Vandall 14, Mendenhall 20, Eisfeldt 12, Judd 19, C. Fischer 18, Young 18, Paul 11, REisfeldt 14, T. Lewis 10, Kerrison 20, Stewart 20, Newton 14, Keating 16, O. Fisher 22, Lewis 12, Grubb 19, Goodin 14, Lewis 6, Anderson 16, Kerrison 16, Javete 18, Wagner 13, Grubb 11, Lewis 5, Stewart 20, Rillington 23, Andrus 15, Newton 17, W. Gross 13, Lewis 10, Grubb 8, Billington 22, Ancrus 18, J. Webb 11, Newton 20, Murray 2, Grubb 11, Newton 22, Lehrke 19, Robertson 20, Sears 22, Walton 11. —_————— A needle machine turns out 1,500,000 needles a week. 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