The San Francisco Call. Newspaper, September 1, 1896, Page 7

- .herse THE SAN FRANCISCO CALL, TUESDAY, SEPTEMBER 1, 1896. AMUSEMENTS, BALDWIN THEATER.—“Madame Sans Gene CoLuUMBIA THEATER—*The Social Trust.” Morosco's Urrra-Hovsk—"Held in Slavery.” T1vorr Orgra-Hovss.—Ernanl’” ORPHEUM—High-Class Vaudevilie. ALcAZAR THEATER.—* Turned Up.” EUTRO BaTHS—Bathing and performances. SHOOT THE CHuTEs—Dally ¢ Halght street, one block east of the Park. Crrcus—At Central Park, commencing Septem- T 3. MECHANICS' INSTITUTE PAVILION—TWeRty- pinth Industrial Exposition, September 1 10 Octo- r 8. WAS THE PENCIL WILL REVOKED? Interesting Argument on Van R. Paterson’s Op- position. CLATMS OF A NEW WILL. CALIFORNIA STATE FAIR — At Sacramento, Eeptemter 1 to September 19. PICNICS AND EXCURSIONS. FaxiLy Excumsiox—To Santa Crug, Sundsy, September 6. Sunday, September 6. AUCTION SALES. BY GEo. F. LaMS ‘This day (Tuesday), Fur Diture, at 2020 Broadw st 11 o'clock. By M. J. LrvrmoirTz—This day_ (Tuesday), Furniture, etc., at 1057 Market st., at 11 o'clock. xvy & Co.—This day (Tuesday), B A I room, 1185 Mackevwont oe 10 o'clock. (ITY NEWS IN BRIEF. The Merchants’ Association is about to issue thly review. r home products is ready for the © was a witness for Williams in ese case yesterdey. ifornia Fish Commission will haves The Ca fine exhibit of trout at the fair. All the chartered ships in port are busily en- gaged in loading wheat for Europe. Mrs. Grace Lowery committed suicide Sun- day night by drinking carbolic acid. The Board of Education may recind its resolution sanctioning the teachers’ council. The fees in the Justice Courts will be col- lected under the old fee bill on and after to- day. The Celtic Union elected an exective com- mittee last evening. This perfects the organi- zation. Fair to-day after a foggy morning with some wind, is what will be given by the weather office to-duy. ohn A. Jilek attempted to kill Mrs. Ella uson last night and then sought to end his own life. Deputy Fish Commissioner Davis captured £ix nets and two boats near Rio Vista on Sun- duy morning. A dealer in fake Chinese lotte y tickets has swindled a number of ladies living in the Western Addition. Mrs. Kate Manchester, 213 Natoma street, Was arrested rday for cruelly neglecting the boiler- met with a on, & mechanic he Risdon Iron Wo: death la: g nopsis of the pro- d by the Merchants’ The Liberty Cyclf poned until nex by conditio Club's race has been Sam Price and were told ia National Bank. on of John Kelly, red Cashin early ust 16, was arrested yester- and Judge Hebbard has grenced s rehearing of ¢ case of L. V. Merle against the Board of pervisors in the matter of the garbage con- n Schuller, the young broker wanted v, was arrested yesterday morning n. Mrs. Margaret Crowley, who was beaten by Tohn Collins one week 8go, died from her in- morning 'at the City and streat system ot cars, embracing those cars .on_the Jackson and Sacramento- tlines will noc be in running order for 1 days to come. Jgseph Kilchrie, an ex-member of the Fire Department, fataliy shot his wiie at 311 Jessie street yesterday aiternoon through jealousy end was arrested. en and J. Alva Watt have ction Commissioners ives of the Repub- e official represent an County Committee. The meeting of the Thirty-seventh District Republican Club iwas enlivened last evening by interesting speeches from Hon. James S. Siephens and L. G. Schroeder. Judge Hebbard yesterday dismissed the suit of D. H. Perki st the Home Benefit Life Association. The action has been pend- court for foar years. day meetings of the various tions were held as usual hristians, day morning, ill September 7 gnantly explains how ering with the words speech perverted their of the Republican party. rday instructed the jury y G. Harvey to bring in a ty on the charge of embezzle- technicality caused the ac- recent public to the e case of Le T t of not g A legal »r Yorke addressed a crowded house in litan Hall In hoolho e a he greatest enthus throughout. o acied as sm was dis- \airm Plaved Congressman McCall of Massachusetts and | v Chairman Apsley of the Republican Na- Congressional Committee will speak in the Auditorium, corner of Eddy and Jones sezeets, to-night. Van R. Paterson answered Charles S. Whee- ler's argument upon the motion ‘‘to strike out” from the opposition to the pencil will yesterday beiore Judge Slack. A decision will be rendered on Friday. George W. Monteith and other Congressional candidates appeared before the Democratio. Populist fusion committee yesterdny and stated his case. McGlashan, Maddux and Kelly continue to defy the committee. The cese against Charles McCarthy, who some weeks g0 was arrested for knocking & stepiadder down on which a Chinese was standing, in front of the Auditorium saloon, was dismissed by Judge Joachimsen yesterday. The Coast da Press Association will open to- Literary and musical_exercises will be lay on account of the | Detective Stillwell and taken to the | night on the text, “The | h annual convention of the Pacine | The Written Statement of No- vember 26 Said to Be Equivalent to One. WHEELER STATES HIS CASE. Only a Testamentary Codicil as a Destruction of the Later Will | Could Revoke It. Van R. Paterson and Charles S. Wheeler had it out vesterday morning in the mat- ter of Mr. Paterson’s opposition to the Fair will of September 24. On Friday last Mr. Wheeler, having been ruled against in his demurrer to Judge Paterson’s fourth amended opvosition, moved to strike out from the opposition ail reference to the revocation of the will of the 21st. He took | the position that the two grounds of con- test—that of forgery and that of revoca- tion—were inconsistent and must be offered separately. Judge Paterson asked for time to reply, | and the date was fixed for yesterday morning. Judge Paterson, in the course of his | argument, was callea upon to distinctly define his position, and in doing so that of all the other contestants to the will of | the 21st, on at le: one material point. | Judge Paterson claims that the republica- | | tion, dated November 26, was in effect a | re-execution of the will of the 2ist, and gives to that will, in law, the date of | November | In speaking of the matter Judge Pater- son said: “It was claimed here, if I un- derstand counsel, that the two points of | our contest must be settled separately; that the allegation of republication and | the allegation of forsery might not be | contained in the one contest. This we | deny. We hold that the date of the re-| publication is now the date of the will of September 21. If there be any authorities | opposed to this proposition tney have not come under my notice. It has been al- leged thata canceliation, revocation ora | destruction by fire of a s il will not revive a prior will. will revive a prior v We have a wiil of S September 24, un, | | | the republication a | will of November Does not that settle | the controversy? It has been set up here | that we are compelied (o state our two | grounds of opposition. | “I wish to say to the court and counsel that we are not obliced to do so. If, after consuitation, we deem it advisable we may do so, but the matter lies with us. Can we be compelled to go before a jury and say ‘his will is a forgery, but we are un- able to prove it and =0 we will now fall back on the republication? For myself I { would prefer to contest this will on tbe ground of forgery, but i am maintaining here that I am not compelled to make the contest upon any sinzle ground.” | Mr. Wheeler in replying said: “Judge | Paterson takes the position that we have no right to compel him to state separately | his grounds of contest. Again he says tnat the date of what is termed by him a republication gives to the will of Septem- | ber 21 its own date, but that it is not | thereiore a separate cause of action.” | | Mr. Wheeler read some authorities in | |line with his position requiring that | | where two causes of action are united | | they may be required to be separated. With regard to the second point, he said: ““Judge Paterson’s position simply is that | the wiil of the 24th is revoked by a still | later will. His argument wounld be of | great effect if the republication took the form of a codicil. All tbat was intended by the written statement of November 26 was to revoke the will of the 24th. Butit | was ineffective because the requirements | of the law were not rulfilied. It makes no | modification of the will of the 21si—does | not alter it nor cancel 1it. It issimp written declaration, signed before wi nesses, saying in so many words that the will of the 21st was his last will.” Judge Paterson asked leave to put the | question: “Suppose Senator Fair hal | again written his will on November 26 in | the language of the will ot the 21st, would | not that have revoked the will of the 24th?” “Certainly,” said Wheeler, *‘that would | bea re-execution, not a republication.” | ©Itis the same,” said Paterson. | “You do not plead it so. You state it as a republication.” “We state what was done. does the rest.”’ In answer to a question from Judee Slack Mr. Wheeler said: “I do not hold nor have I yet stated that the two grounds | of Judge Paterson’s opposition are too in- | consistent to be joined. What I have said is that they must be stated separately; otherwise the court, the jury and the op- posing counsel are unable io determine the limits of the proceedings or how they | shall meet and answer them. What| would be sufficient to get the will of the | 24th out of the way? A codicil making | some modification of the provisions of the | earlier will or a destruction of the Iute‘ will. A mere statement declaring the last will not to be the last will or that an | earlier will is the .last will is not suffi- | cient. *‘You hold that the so-called republica- | tion is of noeffectatall?’’ asked the Jud.e. | “Of no more than wouid be an ornl; statement of mine to my clerk to take a will out of my safe und burn it and I | i The law | | given at the Palace Hotel (Maple room), and | should go to my grave thinking it burned | business sessions will be held in Native Sons’ | and it should turn up afterward.” | e Vis ified S | ‘‘Suppose the will of the 21st had been Co! lec.mf. Wise ‘f‘“m?i e terday in the | reattested Novem ber '* said his Honor. ms case that the defendant was an | F€8 n nest man. Three inspectors of the Chinese ‘That is the distinction I would call the buresu followed, declaring that Williams was | court’s attention to. Reattestation is one | an administration tavorite, and incidentally a | thing, republication is another. To r éastern - lost west of the mountains has been ained. The riders received an ovation at Clieyenne. At the meeting of creditors of O'Ferrell & Co., the insolvent real-estate firm, yesterday, | it was anpnounced that the total liabilities were $112,000 and the assets only nominal. The creditors agreed to forcing the firm into insolvency. Mrs. Flora Royce, an actress in the People’s - “Palace, applied to Judge Low yesterday for a search warrant to regain possession of her child, which Mrs. Daw was nolding as security - for & board bill, but the Judge could not issue the warrant. On and after to-day the Southern Company will undertake the carriage of corpses instead of turning that kind of busi- ness over to Wells, Fargo & Co., as was the .. uctice heretofore, and charges wiil be some- .what reduced in some cases. Belle Meinerth, the young woman who shot on Howard street Sunday night, in the presence of Joseph Cuneo, ber lover, because their parents objecied to their marriage, was teporied as entirely out of danger at the City ana County Hospital last night. The British American and Western Assur- ance companies of Toronto, Canada, have con- | solidated their Pacific Cosst business with |~ that of the Denveroffice, and will likely abolish | the local office. This is in line with the policy ©! retrenchment recently introduced in San Francisco by the insurance companies. - | then acific | attest the will is to attach the cignature and date atthe foot of the will itseli and it becomes partof the document. It would ry the later aate.” Mr. McEnerney, by leave of Judge Pat- erson, took up the thread, making the statement that be was not of record in th branch of the case. He stated that there were many authorities to support the statement that where a holographic state- | ment is made referring to a previously | prepared will it makes that will a new’| will of the date of the fater writing. " said Wheeler, “let us get at Does it attest the will?” ' know tuat you would call ita reattestation.” *‘Is it a codicil then?” “I can’t say we should call ita codicil, and not a re-execution—it makes it a new will. There are a whole group of cases to support the statement. Subpose,”’ con- tinued McEnerney, “‘that Mr. Fair, instead of writing the will, simply had written, ‘It is my wish and desire that my prop- erty be distributed according to the method set fortk in my will dated Sep- tember 21’ and this had b en projerly sworn to belore witnesses, what woula vou have said to that?"’ “You are coming to my way of think- ing,” said Wheeler. “That would be a re- exccution, an_entirely different matter.”” “It would be a re-execution without difference.” being attached to the will,” said Paterson. ““That being admitted we do not have to allege it. We claim there is no material *‘Only that vou are trying to revokea will in some other manner than is dis- tinctly provided by the laws.” With this Judge Slack said he unaer- stoed the relative position of the contend- ing parties ana would decide the matter next Friday, to which date all other mat- ters were carried over, MAY BE RESCINDED. The Teachers' Council Resolution of the Board of Education Under Consideration. At 5 o'clock this afternoon the Board of Education will hold a special session, culled by President pro tem. Clinton, to reconsider and, perhaps, rescind the action by the board several months ago in re- questing that the Teachers' Council be formed. At that time the plan, which was pro- posed by Director Murdock, was looked upon as a good one, and whep the resolu- tion mentionea was brought up at a regu- lar meeting it was carried unanimously. Having received the official sanction of the board those who had originated the scheme began work at once, and it re- sulted recently in an election of officers and a permanent organization. For some little time past, however, there has been an under current of dis- satisfaction among certain circles of teachers, and the murmurs have reached the ears of the members of the board. Those who do not favor the organization say that its destiny is being shaped in such a manner that a very few wnh con- trol the council, and that if they choose these few can bring its entire influence to bear for their own aggrandizement. The board will not sanction anything of the kind that is not working harmoniously, ALL WHEAT SHIPS ARE NOW BUSY, The Wynnstay Took In Stiffening at the Seawall. TO LOAD AT PORT COSTA Accident to the Tramp British Steamer Linlithgow Near Acapulco. TRAMP STRATHGARRY LIBELED “Tom,” the Go'd Cat on the Alameds, | Presented With a Silver Co'lar. The British ship Wvnnstay and the Stockton steamer Mary Garratt were two of the busiest vessels on the front yes- terday. The ship isat section 3 of the sea | 50 cents. { uneventin earrings and $120 belonging to Price and | Little, but since the new silver collar was fastened around his neck he has not been nearly as aggressive as formerly. Thecol- lar bears the inscription, “‘Old Tom, S. S. Alameda. Presented by his American ad- mirers July 4, 1896’ Chiet Little asserts that Tom is a “‘gold”’ cat and that a silver collar has taken all the fight out of bim. The first of the salmon fleet, the Llewellyn J. Morse, got in yesterday. The captain reports a splendid catch, and says that sometimes the runs were so heavy that the fish could not be handled. The Morse was seventeen days from Karluk and brought down 40,000 cases of salmon. The Harvester was to have followed her on the 20th inst. and the James A. Bor- | land was in port. The United States tug Unadilla broke down on her way to Mare Isiand last Friday. The steamer Monticello picked her up and towed her to the Mare Is.and lighthouse, where a Government vessel took her in tow. A subscription was_col- lected among the passengers of the Una- dilla to pay the Monticello for towing them in. *“Jake”” Palmer, the Southern Pacific’s spotter, is still at work on the Vailejo op- position boats. Every day he haunts Washington-street wharf, and every ounce of freignt that goes aboard the Sunol he keeps track of. Then he reports to Agent K. A. White, and the latter sends out his assistants to the shippers and attempts to induce them to send their freight by an old tub called the Herald. In the case of passengers a list of all business men and their relatives is said to be kept for use when the opposition is crusked out. “The opposition will never be crushed | out,” said A. E. Pryor of Piper, Aden, Goodall & Co. yesterday. The Southern Pacific may at once understand that never again will the fare to Vallejo be more than Even at 25 cents a steamer will pay, and there will always be one running from San Francisco. Our fare is 10 cents each way, but then we were forced into it, ard I’ll swear we’ll stay with that fare longer than the monopoly will keep to its $1 rate.” The British ship Ross Shire, Captain Baxter, arrived from Sydney yesterday with a cargo of coal. The voyage was an one, save for one heavy gale, which fortunately did no damage. BROKE THE ENGAGEMENT, |Why Young Sam Price and Sarah Mills Got Into L tigation. He Claims That After Jilting Him She Refused to Return $180 of His Money. The reason why S8arah Mills broke her engagement to Sam Price did not develop in the suit that was tried in Justice Car- roll's court yesterday, but the troubles that resulted from the severed relations did and they furnished amusement for a large number of people who filled the courtroom. It appeared that two days | before the time set for the weddine, when even the invitations were out, Miss Mills had suddenly broken off the match ana returned the engagement ring, a pair of told him that their acquaintanc e must cease, The young couple had even gone so far as to purchase the furniture that was to grace their little flat, and Price was nat- wrally grieved that the girl of his heart | should suddenly throw him aside, par- | |package of tea and said, THE WOMEN WHO WRITE They Will Open Their Sixth Annual Convention To-Day in This City. Interesting Programme Prepared by the Pacific Coast Women's Press Association. The sixth annual convention of the Pacific Coast Women’s Press Association will open to-day in the maple room of the Palace Hotel. Aninteresting programme | has been prepared for the amusement and | instruction of all who attend. Mrs. Ada H. Van Pelt will open the | literary and musical exercises at 2:30 p. M. | with an annual address, after which the following programme will be presented: Annual address rs. Ada H. Van Pelt Song, (a)*Drea Mrs Eva Wren (b) *Oh, ThatV Vioitn solo, “Komanc 1138 C. Gruenhagen Mrs. F. F.Victor Paper, ~Our Press Assoctation’” Brown Powell | Recitation (a) Poem by (®) Selected. . = Miss Marion Powell. | Ave Maria” Alfred Wilkle | uenhagen). 1. . Dickinson | Independence Hall’ ‘Address, “:ur Foremothers”... ..C. A. Murdock | Plano solo (a) Mazourka, B minor. Y | (b) Etude, G fi ponputa Joun W ces B. Edgerton The second day’s entertainment will commence at 2:30 . M. in the same place and it will also be of a high order of merit as the following list of musical and literary numbers which have been selected for it | will show Paper.... Recitation, ice M. McComas Mrs. Al z Liss Stella Ames (krom Eugene Song, “Orpheus With His Lute” Reading, *“The Erl King”.....Re With musical interpretation from * and Liszt by John W. Metcal | Poem - Miss Ina Coolbrith | Bolero, Wilkie 1d) fiss Edna Ritter | dws weetheart of Mine” . (First tim: Mrs. Alma A. Crowley, companist. B | | M. { Paper, “Woman on W fiss Agnes Munning 2 iss Lillian O’Connell | The purely business part of the conven: tion, which includes matters of general erest to the association, will be dis- Character recital NEW TO-DAY. Suppose we gave you a “Don'’t pay for this unless you like it.” |BIGGER | Beauty’s bane is the fading or falling of the hair. Luxuriant tresses are far more to the matron than to the maid whose casket of charms Is yet unrifled by time. Beautiful women will be glad to be reminded that falling or fading hair is unknown to those who use Ayer’s Hair Vigor. cussed in the Native Sons’ Hall on Mason treet. The sessions will open this morn- ng and continue for three d ——— CRUELTY TO CHILDREN. Mrs. Kate Manchester, Is Placed Under Ar Kate Manchester, wife of Charles Mane chester, 213 Natoma street, was arrested yesterday afternoon by Secretary Frank 1e of the Pacific Coast Society for the ma Street, est. Suppression of Vice and Poiiceman Cole- manon the charge of cruelty to children. Her three little children were also taken to the City on, and will be sent to the Youths’ Director The woman’s husband is a hard-work- ing ploved in a tannery. She was in the habit of leaving him for days at a time, and while the husband was at his work the ildren were allowed to shift for themselves without proper f The only thing edible in the two di rooms in the basement occupied by the couple was a hard loaf of bread. AW Ehuti "~ THE FIRST K OF SEMENTS, 'FRICILANGER COTTLOB & co THAN | THE SECOND WE You'd try it, of course. {W Your grocer will give you a package of Sckling’s Best tea,; you pay for it. If you don't like it, tell him so. He pays you back. There is a full money’s- worth in every package of | Schilling's Best tea; but the book in the package is worth even more, if you do not know how to make tea ex- actly right. NEW TO-DAY—AMUSEMENTS. [SRN O'Farreil Strees. Letween Stoekenn anl Powall Week (‘onlluelu‘llli Monday, Aug. 31, | ANOTHER GREAT NEW BILL! —A GRE\T SUCCE! LAST NIGHT1— | FILSON & ERROL, Ameérica’s Favorite Soctely Sketch ATiists. Return kngagement for ¢ LYDIA YEAMAN Assisted b, Fi 26 America’s Greate Reserved seas. 250 and box-seats, 50c. Begins With a Brilliant House, Ramsay Morris and Hillary Bell's Excellent Comedy-Druma HAS MADE A VER! Unquestionably the = BLE HIT! est Thing THE FRAWLEY COMPANY Has Ever Produced. Remember—This Week Only, r 'HE WIFE,” um Theater Succes: AL HAYMAN & (O.’S T ceafE Monday, Septembe Anoth SRILLIANT NUCCESS ! AT THE Low! e —— R ro~Nt Nesion SARDOU’S Groat Narer “MADAME SANS GEN | (MADAME DON'T CAR The Success of Two Cont KATHRYN KIDDER In the Tide Role. the Principal AT THE —=— A L CACIFORNIA | sreve pronie In “ON THE BOWERY.” Seats Ready Thursda. TIVOLI OPERA-HOUSE D ko, L ENESTINK KEFLING, PrOPriews « danazel Season of Grand Opera, ! TO=INIGIXIT. Thursday and Saturday Evenings, by Speclal Request, “RIGOLETTO!” in advance. THE CHUTES, CASINO And Greatest Scenic Rail way on Earth. Open Daily from 1 to 11 P. M. DON'T FAIL TO SEE—— THE DE FILLI PES THE FARILLA! BRING THE CHILDZEN To See the New Bears and The Happy Family of Monkeys! ADMISSION—10 CENTS. Children, including Merry-Go-Round ide, 5 cents. |All the Chartered Wheat Ships in Port Are Now Busy Loading Grain for Europe. The Wynnstay at| Section 3 of the Seawall Was the Busiest of Them All Yesterday. She Was Taking in Stiffening From the River Steamer Mary Garratt, and may withdraw its moral support to the extent of rescinding the origiual resolun- tion. — - CAPTAIN SPILLANE AHEAD. A Lively Contest Between the Six Cap- tains of the Police Force. A gold watch awaits the most popular captain of the police force in this City as a gift from the Examiner. To win this handsome present it re- quires votes, and the man who receives the largest number from his friends will have the pieasure of wearing the ticker, and at the same time the proud distinc- tion that he is a favorite. The booths are open at Raphael’s cloth- ing-store, 8 Kearny street. and for the small sum of 10 cen's each and every indi- vidual, irrespéctive of age, sex or color, can vote as early and as often as they have 10 cents with which to express their choice. The proceeds of the election will be handed over to Father D. O. Crowley, superintendent of the Youths’ Directory. The vote at6 o'clock yesterday afternoon stogd with Captain John Spillane in the lead. The following is the vote as announced by the committee, which is composed of ex-Mayor Eilert, A. H. Loughborough and J. W. Raphael. Father Crowley was present when the day’s vote was counted: John Spillane 117, G. W. Wittman 162, I. W. Lees 126, 4. 1. Dunlevy 109, James Gillén 76, H. 8. Robinso! ——————— Operations of the United States Mint. Tne san Francisco mint is coining about 750,000 standard silver dollars every month and the New Orleans mint is also supposed to be turning out about the ssme amount. The | San Francisco mint had between 10,000,000 | and 11,000,000 ounces of silver on hand at one time, which had been bought by the Government under the Shermsn silver-pur- Chuse act. There hes been a rumor that a large amount of Mexican silver has recently been coined at the San Franciseco mint. This is emphaticaily denied by Superintendent Dag. gett, who says that the only coinage 1s from | the silver acquired under the Sherman act. | T Do Loaxs on watches, Jowelry, siiverware, at Uucle | | Hurriy', 15 Grant avenue. wall and is going to Port Costa to loada wheat for Europe. Every ounce of the cargo that she brought to San Francisco was taken out of her ana in consequence she had to be “stiffened” before a move could be made. In order to get her suf- ficiently deep in the water to make navi- gation safe the Garratt brought several hundred tons of wheat from Port Costa for the ship. All day yesterday the work of transferring the grain went on and when the Wynnstay has 500 tons in her hold she will be “'stiffened” sufficiently to move or be moved anywhere. A number of other sailing ships are loading or taking in suffening and all in all the wind-jammers have been busier thislast two or three days than at any time since the advent of the tramp steamers. The sailing vessels now load- ing, however, were nearly all chartered prior to arrival. The tramp steamers are not haviag an altogether rosy time of it. The Linlith- gow, which sailed for Leith on July 31, with a cargo of wheat, has broken aown, and is now driiting around in midocean. The Strathgarry, also loaded with wheat, has been attached by the United States | Marshal, and Captain White is discon- solate. All went well with the Linlithgow until the coast of Uentral America was reached, when the gland of the tail-shaft broke, and the big tramp went adrift. She was near to Acapulco, and Captain Petrie sent the chief officer ashore to ask for assist- ance. The laiter made land and notified that the Linlithgow was drifting in north- northeast direction. Tugs were sent out to look for her. When the Strathgarry started for Port Costa one of the river pilots proffered his assistance, but Captain White declined it. On the return trip he did his own piloting again, and when a bill for half pilotage was put in he refused to pay it. Accord- ingly the river pilots libeled the vessel, and a United States marshal was put aboard. The chances ure that Captain White will pay the $100 and proceed on h s way a sadder, but a wiser man. “Tom,”’ the pet cat of the Alameda, has anew collar and takes care that every- body sees it. He still keeps watch and ward over the quarters of Chief Engineer ticularly as there was no explanation forthcoming as to the why. He brought sunit for $180, which he claims he gave into the keeping of Miss Mills, 1n addition to the $120 she returned to him. Itdeveloped in the evidence that one night while Price was calling on his fiancee he stayed rather late, and when he was ready to leave she told him that it was not safe to take his money home and that he left her a purse containing $120, which was_deposited in her name in the Hibernia Bank. This was the money ske returned, and she swore positively that she bad never received another cent from Price, and her friends and witnesses, among them “White Hat” McCarthy, craned their necks to see what effect this statement would have on the Justice. She stated, moreover, that the furniture was paid for out of ner own personal funds and no one else’s. Price swore just as positively that he nad given her $300 in ail and that he had helned to buy the furniture. Miss Mills’ erandfather, who was called, tangled mat- ters still further by testifying that he had paid the money for the furniture out of his own pocket, and the plaintiff's attor- ney, George Perry, asked for a continu- ance to permit hin to bring the furniture- dealer into cour to tell just who did pay for the goods. —_—————— THE STEPLADDER CASE, Charlie Kin Tall Was Accidental and McCarthy Is Discharged. The preliminary examination of Charles McCarthy, an ex-barkeeper, on the charge of assault to do grievous bodily harm, was held before Judge Joachimsen yesterday afternoon and the case was dismissed. Several weeks ago Charlie King, a Chi- nese, was standing on top of a stepladder cleaning the windows in the Auditorium saloon on Powell street, when McCarthy either accidentally or by design knocked over the ladder and the Chipese fell to the sidewalk, striking on the back of his head and fracturing s skall. His life was de- spaired of for some time, but he finally reccvered. McCarthy claimed that he stumbled against the ladder accidentally, and none of the witnesses yesterday would testify to the contrary. { SUTRO BATHS. Open Daily from 7 a. 3. Until 11 p. w. Concert Every Afternoon and Evening. General Admission—Adults i0c, Children 5. TO-MORROW ana Sunday Correct Cosiumes—Beautiful Scenery, NEXT WE {—Lucia, Trovatore, Romeo and Juliet, First Appearance this Season of Mile. Ida Valerga, Popular Prices—25c and 50c. MOROSCO’'S GRAND OPERA-HOUSE. WALTER MOROSCO._Sols Lesses and Managas ROARS OF v REET THOSE T WIL: W U MY, Soul, and ED, J. H K ‘N In the Thrilliug Nautical MelodT: 'HELD IN SLAVERY Under the Direc RY SEDL Terrific St Most Re Comedian, ma, 3 ! S @.@o@ | S5 THREEWEEKS /SEDT. GRaNp DvILION LECTRIC]MOTIVE DOWER | TRANSMITTED FROM fOLSOM SEVENTEEN DAYS RACING DUH'IT FA[ TO EXHIBIT TO ATTEND __EXCURSION RATES. _ PICNICS AND EXCURSIONS. FAMILY EXCURSION SANTA CRUZ! TR, T, SUNDAY, Sept. 6. From 8. P. Co’s Ferry Landing (narrow gauge) 8t7:45 A M Five Hours at the Seashore. .00 ROUND-TRIP.... .00 S22 FORNRETP 1§20 ‘I'ne excursion will be in charge of MR W H. MENTON, Excursion Passenger Agent S, P. . Returning arr ve at San Francisco at 8:05 p. M. For further information apply at Grand hotel Ticke:. Office, 613 Market street. RICHARD GRAY, T. H. GOODMAN, Gen'l Traflic Mgr, Gen'l Pass. Agt. | | Belasco, Doane & Jordan, | ALCKZAR Lessees ond. Managers, | QFarren street, Bt THEATER | Stockton and Powell. | CROWDED TO THE DOORS! AN FMPHATIC SUCCES THU CESS! OF APPLAUSE! The Spurkling Comedy, “TURNED UP,” By the Alcazar Sock Company of Players, Prices, 1 35 and 50 Cents. Matinees and Sunday, 15, Cents. PHONE K 991. Secure Your Seats in Advance. MECHANICS’ ' INSTITUTE PAVILION., Twenty-Ninth Industrial Exposition! HOME = PRODULTS EXH.BITION UNDER THE AUSPICES OF THE MECHANICS’ INSTITUTE | Nanufacturers’aud {rofucers’ ssociation | OPENS SEPTE BER 1. CLOSEs OCTOBER 3. Machinery in Motion. Trade Exhibits in Opera its Ready on the Openinyg of the Fi Picturesque Stands and Booths. State Fisheries Exhi t Carefully Selected Art Gatlery. Orchestra of 40 Musicians Under the Leader- ship of GUSTAY HINRICHS. ADMISSIO; | Double season 1 ic Single Season Tic | Children’s Season 1icket | Adult Admission s | Children—Adm | Munufacturers and music. |7 GRAND EXCURSION TO BOHEMIA NEXT SUNDAY, SEPT. 6, Leaves at8:30 A. Tiburon Ferry. n > e a Producers’ Night. ia special steamer from Special reserved-seat train, Persoually conducted by J. E. Locke. A fine | grill lunch served in Bohemian style or taka 1 et lunch. Secure seats at 333 O'Farrell st. M. Ticl IN TH ver. until 9 v. R HOUR! 0 % the Russian Ri