The San Francisco Call. Newspaper, September 16, 1896, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 16, 1896. WEDNESDAY.... TEMBER 16, 1896 AMUSEMENTS. - BALDWIN THEATER.—*Madame Sans Gene.” CALIFORNIA THEATER.— On the Bowery.” CorvMBIA THEAT Matrimontal Maze.” X ORCRCO'S LI ERA-E OU The Danger Signal” TIVOLI Orrna-Hovsk.—«Hansel and Gretel.’ CRPHEUM—Hizn-Class Vandevilla ALCAZAR THEATER.—* Ours.” EUTRO BATHS—Bathing and performances. SHOOT THE Cuures—Daily 8¢ Haight street, ©one block east of the Park. MECHANICS' INSTITUTR PAVILION—Twenty. ninth Industrial Exposition. PICNICS AND EXCURSIONS. FAMILY Excurs1ox—To Camp Taylor, Sunday, Beptember 20. EXCURSION—To the Golden Gate, Sunday, Sep- tember 20, AUCTION SALE! EY Gro. F. Lansox—This day’ (Wednesday), Furniture, at 926 Sutter street, at 11 o'clock. BY E. §. SrEar & Co.—Thursday, September 17, Bicycles, at 31-33 Sutter street, at 12 oxclock. CITY NEWS IN BRIEF. Fair Wednesday—Local forecast official. The will of Lydia A. Spalding was yesterday filed for probate. The Druids enjoyed a banquet last night at the Maison St. Germain. To-day the Woman Suffragists have an out- ing on Mount Tamalpais. The Howard Republican Club had a rousing reunion at Pythian Castle last evening. . The Supreme Court has granted a new trial in the case of the People vs. W. A. Sanders. E. H. Dougherty and William Smith were ar- rested yesterday on a charge of cruelty to sni- mals. The Grand Jury will present its final report to Judge Slack Thursday or Friday of this week. Beron Moritz Stach von Gottzheim was sued yesterday by a collector, for an unsatisfied doc- tor’s bill, William W. Adams of Butte, Mont., is here. He says the ore output of Butte is about 8000 tons a day. The eighty-sixth anniversary of Mexican in- dependence is being celebrafed with much enthusiasm. The trial of Emma Ashley for assault to murder E.J. Beldwin was yesterday begun in Judge Bahrs’ conrt. On and ajter the 24th instant the Portland train, now due in this City at 10:45 . X., will arrivé at 11:15 & 3. The Ashley-Baldwin case will be resumed on September 29, when arguments will be Leard by Judge Slack. » Frank Eagleson, the shirt manufacturer, broke his right leg last Sunday while journey- ing to San Andreas Lake. Coal was discovered last Saturday on_the iand of the Slavonian Catholic colony in Eden Valley, Mendocino County. Reduced rates for s to Europe haye been arranged for by Southern Pacific Company. the A German Catholic colony consisting of 400 families will settle on & tract of 55,000 acres of land in Monterey County. There will begin to-night at the old St. Mary's College, on the Mission rosd, an espe- cially attractive entertainment. ey L 4, Colonel J. P. Jackson and Judge J. A. Waymire addressed the National Republican League last evening. Mrs. EsL Hays, 18 years of age, committed suicide in her home, 421 Fourth street, by 1aking carbolic acid last evening. The contest over the property of Cornelius Kine has been compromised. The contestants get $80,000 of the $200,000 estate. All of the Irish societies of Northern Cali- fornis have united to aid the Irish prisoners just set free and to ask for amnesty for others. Tom Tracey, the Australian, arrived from New York yesterday and will be treined by Billy Delaney fo? 'his contest with George Green. Local milling exhibitors at the fair are pro- testing against the presence of an Eastern ex- hibitor in the home products exposision ia the Pavilion ere_was ® lively fight in the lodging- e, 742 Howard street, last night, two men tand & woman having her shoulder blade broken. les Pscherhofer, real estate agent, was arrested yesterday afternocn on the complaint of Mrs. Auna Swissig, for obtaining money by false pretenses. The adoption of the new charter wes ably advocated by.Messrs. Dohrmann, Phelan and Freud ata meeting of the Panhandle Improve- ment Club last night. The defense in_the Winthrop case has been presented, and_the closing argument for the prosecution will be delivered by District At- torney Barnes this morning. Philip Wand, 410 Post street, swore to com- plaints yesterday charging Samuel T. Hughes, drugeist, Post and Powell streets, with threats to kill and exhibiting a deadly weapon. The charge of perjury against B. F. Nap- thaly was yesterday dismissed because the bail bor.d on which he qualified for $1500, on which statement he was accused, was de- fective. The People’s party held its municipal con- vention last night and elected Dr. G. W. Day- walttemporary chairman. The delegates were al! seated and permanent organization will be effected to-night. The case of Alice Dickason Blythe, who was arrested for vagrancy on Sundsy, was dis- missed vesterday on a showing that the quon- dam claimant of the Blythe estate is in receipt of $200 & month. The whaling brig Hidalgo is reported ashore neer Point Hope. She has aiso been reported a8 having taken two whales, but no confirma- tion has been received. The question now is which story is correct? Lillisn Swein, the young colored girl who was stolen from her parents in Wasbington, D. C., thirteen years ago, will, through the kindness of Cnief Crowley, be enabled to re- join them in & few days. An effort was made yesterday at the meet- ing of the Manufscturers’ ana Producers’ As. sociation to bave F. H. Dingle, the embezzling ex-assistant secretary, prosecuted on felony charges, but the effort failed. Attorneys J. P. Langhorne and W. H. H. Hart became involved in an sltereation in Judge Coffey’s court yesterday and Langhorne slapped Hart’s face. Langhorne will be pun. ished for contempt of court this morning. Arrapgements are under way for an excur- sion of prominent Republicans from this State io Canton, Ohiio, in order to permit them' to pay their respects to Major William_McKinley, the Presidential nominee of the Republican party. President Colnon of the Harbor Commis- sion has been summoned to Sacramento in re- gard to the new ferry depot. Many changes nave been suggested, and the State Board of Examioers want to know the why end the wherefore. The Kelly-Mahoney alleged primaries took lace yesu{rdny, at which probably 500 votes n all were cast throughout the City, and no less thag 10,686 were reported to be cast. It Vs the MYeatest fake (hing that has happened in politics for some time. Mrs. Esther German, charged by her hus- band, who seeks a divorce, with having been married thirieen times, denies the statement &s wholly false and says that she has been married only three times, and that her present husband has badly mistreated her. NEW TO-DAY. EVERY KIND HUMOR FROM PIMPLES SCROFULA peedily cured by CUTICURA RESOLVENT, g-:-un ZI ‘humor cyuxu, assisted externally by warm baths with CUTICURA SOAP, and gentle applications of CUTIOURA (ointment), the great skin cure, when all else fails. hout the world. Price, Corious e . Lo Bold Soar, 25§ Coxr, Sole e s id e Be.y 2UG nents of dried fruit | | ANOTHER WHALER REPORTED LOST Was Driven Ashore in a Gale Near Point Hope. NOLIVES REPORTED LOST Captain and Crew Got Ashore Near the Life Saving Station. THE NEW FERRY STRUCTURE. Pzesident Colnon Summoned to Sac- ramento by the Beard of Examiners. The fate of the whaling brig Hidalgo seems {o be somewhat in doubt., A few weeks ago news arrived from the north to the effect that the whaler was reported with two whales, and yesterday a private letter to Bruce, Bowne & Co. stated that the brig was hard and fast on the beach near Point Hope. The news came to Seattle on the schooner Jessie, and the only dispatch received in this City was as follows: “The brig Hidalgo is a wreck on the beach about a mile from my house. I received your letter and box.”” This was dated from Point Hope on July 30, and was signed by a well-known Alaskan trader. The Hidalgo went ashore in almost the same place a few years ego, and the ac- companying cutis taken from a sketch made at that time. She is, or was, one of the old-timers, having been forty-one years in active service. She was at one time a lumber-carrier, but recently her main business has been whaling. The season before last shé did not fit_out, and was laid up in Oakland Creek. Last year Captain Lew Williams took her out and with Bruce, Bowne & Co. got her ready for sea. Daring her career she was re- markably lucky, and time and again came back with the best eatch of the season. On this occasion she seems to have been in bard Juck. She was built in Maine in 1855, and at one time was a clipper on the Atlantic. When she left here on the present cruise Captain C. F. Gifford was in command; John Wells, first mate; John San F¥rancisco, second mate; Chris- the mammal will be towed to San Fran- cisco and hoisted into a barge by the wrecker Whitelaw. It will then be dis- emboweled and preserved. The hunters have a Hairside gun with them. It has a range of 150 yards and fires two bombs, one of which carries the harpoon. The men expect to secure a whale inside of three days, and if their hopes are realized will have it in port inside of a week. Special Police Officer T. F. Duffey nearly lost his life at the hands of a tramp yes- terday. The tramp was slashing musk- melons on Jackson-street wharf and Duf- fey called him toaccount. The slasher backed the officer up against the wall and made several wild thrusts at him. Duiffey got away, but the tramp was guicker and made his escape. Several members of the harbor police gave chase, but the man was not caught. LILLIAN SWANN HAPPY After Thirteen Years’ Separation From Her Parents She Will Soon Rejoin Them. Lillian Swann, the colored girl who was stolen from her parentsin Washington, D. C,, thirteen years ago and located in this City last week, will soon leave to join them again. Chief Crowiey a few days ago received a letter from Major Moore, Superintendent ot Police in Washington, that the girl’s parents were respectable, but too poor to vay her fare back. The Chief became in- terested in the girl after seeing her and determined to help her rejoin her pa- rents. Yesterday he procured free transporta- tion for her as far as Chicago, and he will deiray the additional fare out of his own pocket to take her from there to Washing- ton. The girl will leave for Washington about September 28, and yesterday the Chief wired Major Moore to that effect. TWO OLYMPIAKS AT WAR Philip Wand Wants Samuel F. Hughes, the Druggist, Arrested. He Charges Him With Threats to Kill and Exhibiting a Deadly ‘Weapon. A valuable setter dog has caused serious trouble between two well-known members of the Olympic Club, Samuel F. Hughes, | drogeist on Powell and Post streets, and Philip Wand, 410 Post street. Wand yesterday swore to complaints be- fore Judge Campbell charging Hughes with threatsto kill and exhibitinga deadly weapon ina rude and threatening man- ner. The complaints were written out by Warrant Clerk Graham of Judge Joachim- sen’s court and to him Wand told his story. “I own a valuable setter,” said Wand, i ‘“and Hughes owns another. About two A Report Recrived by Bruce, Bowen & Co. Yesterday States That Month and Bzcame a Total Loss, The Accompanying Sket in Almost the Same Place Several Seasons Ago. MRS, SPALDING'S WILL I FILED Disposition of the Property of the Late Society Leader. LEFT A FAIR FORTUNE. Hotel Bella Vista Bequeathed to Her Best Friend and Her Maid. LEGACIES LEFT TO SERVANTS. Jewelry and Other Personal Property Devised to Various Friends and Relatives. The will of Lydia A. Spalding has been filed for probate. Mrs. Spalding is the well-known society leader who died on September 12, leaving property valued at about §30,000 and a life insurance policy for $25,000. doctor’s gold goblet and the two water colors by Loughpie. Twelfth—I give and bequeath the doctor’s watch to Hewitt Norton of New Orleans. Thirteenth—I give and bequeath to Dr. B. MecMonagle , as an acknowledgment for kind attention during my long illness. Fourteenth—I give and bequeath to my friend, Mrs. F. B. Reynolds, Fif.eenth—I give and bequeath unto my servant, Theodore Stewart, if in my employ at the time of my death, $500. Sixteenth—I give and bequeath to Mrs. Lillie T. Hume my Japanese cabinet and my large Tuby ring. N\ Seventeenth—I give and bequeath unto Mrs. Hannah'Paxton m{ yellow diamond ring. Eighteenth—I give and bequeath my sap- phire ring to Mrs. Mary McClelland. Niveteenth—I give and bequeath to my sister-in-law, Addie Bell Benham, my watch, chatelaine and also the piano in my own apartment. Twentieth—I give and bequeath to my cousin, Mrs. Robert Anderson, my painting of violets. Twenty-first—I give and bequeath to my aunt, Jennie Dougias, the Turkish embroidery on wall in reception-room and one of the rugs in the lower hall Twenty-second—I give and bequeath to my cousin, John A. Phillips of Chicago, my large inlaid table, sofa, :I?enfl‘}‘ and chair. . Twenty-third—I give and bequeath to Mrs. W. 8. Tevis my large teak l%ble. Twenty-fourth—I give an betiunth to Mrs. Augusta Trlci my eichings, laudscape by Hart, my sealskin circular and my marquise ring. Twenty-fifth—I give and bequeath to Mary P. Marshali my picture, ‘Waiting and Watch- ing,” my engagement ring and the doctor’s emerald pin. Twenty-sixth—I give and bequeath to Mary Chester my opal spider. Twenty-seventh—I give and bequeath to Mrs, Whittaker my pansy pin, Twenty-eighth—I" give and bequeath to Bishop Whittaker my library of books. Twenty-ninth—I give and bequeath to my friend W. F. Goad $3000, the same to be in full for all services rendered by him as ex- ecutor of my estate, as hereinbelow appointed. Lastly—I ‘hereby nominate and appoint my iriend W. F. Goad the executor of Lh& my last Wwiil and testament, and direct that no bond or bonds be required of him for the performance of any duty as such exccutor, and 1 hereby re- voke all former wills by me made. In witness whereof Ihave hereunto setmy hand and seal this — day of —, in the year of our Lord 1896. [Seal. The foregoing instrument, consisting of three Ppages besides this,ymarked upon the margin tbe Whaling B.ig Hidalgo ch Is Made From a Picture cf the Brig When She Weat Ashore tian Sten, third mate; Frank Graham and Pedro Loves, boatsteerers; Joe Katch, steward, and H. Kawai, cook. These men and the entire crew of thirty-one, all told, were saved; but the chances are that the old-timer will be a total !oss, and there is not a cent of insurance on her. The State Board of Examiners is after the State Board of Harbor Commissioners. The new ferry depot is under discussion and the Harbor Commissioners have to make explanations. Numerous changes have been made in the plans of the late A. Page Brown, not one of which has been approved by Chief Engineer Holmes. The board has rejected the suggestions whenever they were made and the Risdon Iron Works has been ordered to complete its contract according to' specifications, 8till changes aggregating an increase of $15,000 have been recommended by Archi- tect Swain, and the Board of Examiners want to know the why and the wherefore, A meeting has been called for the 2ist inst. and President Colnon has Been sum- moned to pe in attendance and bring all papers bearing on the mnew ferry depot with him. He will obey the order and place all the information in the hands of the board. The original plans and speci- fications made by the late A, Page Brown have been ordered placed in the Safe De- gom vaults and the work of bui'ding the epot will be done from copies. Just what the trouble is remains to be seen, but one ‘thing is sure—no extra money will be expended while Chief Engineer Holmes is in charge of affairs. President Colnon put hin.self on record yesterday. *““We have a man drawing considerable money out of that building (the new ferry depot), and I Lhink he should be asked to give ussome particu- lars,” said he. *“Why can’t he supply us with the weigh{s of "the beams and the test of the tensile strength of the stuff? I am satisfied that everything is all right, but we must have factsand figures in or- der to answer questions when we are called upon as in the present instance.’” President Colnon will Jeave for Sacra- mento on the 21st inst. and the chances are that he will take with him all the in- formation the architect can gather on the subject. The question of lights in the ferry post- office was discussed and on Chief Engineer Holmes’ recommendation it was decided to curtail the number of burners. Too many lights gere provided for each man and a needless expense was entailed. An efficient electric light service will be put in and no one will suffer. A passage-way from the ferries to the postoffice will be put in, as at present teams cannot pass when the muil wagons are being used. . Healy, Tibbitts & Co. objected to a cut of $100 in their bili for work done on Pa- cific-street wharf. Chief Eneineer Holmes ointed out a number of alterations that End to be made, but Mr. Healy showed that everything had been completed to the satisiaction of the inspectors and a good job made of the structure. The mat- ter was taken under consideration. Another attempt at catching a whale has been inaugurated. Two s went out yesterday, und if they are successiul weeks ago he asked me to bring my dog from the coumrg 4s he wanted to see it. Itold him 1 bad no accormodation for the dog, and be said that would be all right; he would keep it in his store. “I sent for the dog and took it to Hughes’ store. He got jealous of my dog, thinking, I suppose, it could beat his in the coming field trials atStockton, and re- fused to keepit any longer. “Late last night, just as Hughes had closed his store, Charley Morre!ll and 1 were passing. Morrell had his bull pup with him and Hughes wanted to bet $50 that his cocker sgsniol would whip the ball pup. Itold bim he wouldn’t bet & cents that he was alive. He got mad and said he supposed I was angry because he had put out my dog, and we had some words. I stepped toward him and he pulled a gun out of his pocket. He backed away, keeping his gun pointed at me, and threatened to bore me full of holes if 1 came nearer him. 1was unarmed, and L believed he would carry out his threat MoHrrell: and I left him.” ughes was arrested last evening and booked at the City Prison. He was ifnmo- diately released on his own recognizance by Judge Campboell. H.F.STOLZ EXONERATED The Accusation Against Him of Selling Diseased Meat Summarity Dismissed After Thorough Investigation, H. F. Stolz, the popular young butcher of 512 Castro street, has been absolutely exonerated of all connection with the alleged misdem eanor of “selling diseased meat.”” It appears that the c rge was based upon & mistake, and when investi- gated the accusation was found absolutely without foundation. The following official notice clearly ex- plains the matter: Bax Fraxcrsco, Cal., Sept. 13, 1896. H. F. 81017, 512 Oastro street—Dear Sir: Repl{mg to your request of recent date, I will state that the charge preferred against you of selling diseased meat was disAmguad.r 10 R ne of $10 was imposed on you for -l-nghuringlwtu within_the limits of the City of San Francisco. Yours respect- fully, Freperick McGrrgor, Attorney-at-law. Burglary on a Bark, Duncan McLean, captain of the bark Ravens- court, swore to a complaint in Judge Joachim- sen’s court yesterday charging John McKewn, a seilor, with burgiary. The captain alleged that McKewn broke into his cabin Monday Attmn::n and siole some clothing and other ar His Jaw Fractured. Chester Rosenbrook, a boy 4 years of X was kicked by a horse belonging to his father, arancher on the San Bruno road, yesterday. His jaw was fractured and he was taken to the City and County Hospital. e e Trunks Moved 25 Cents. Commercial Transfer Co., 43 Butter street. Telepnone Main 49, Keep your ciaecks tor us.* The real property is situated at Belve- dere and is known as ‘“‘Heartsease,” but1s not rented. The value of the estate con- sists of ready money, the furniture and good will of the Bella Vista Hotel and a number of bills due the aeceased, the number and value of which are not men- tioned. W. F. Goad is named as executor, with- out bonds, and is bequeathed $3000, which he is to accept in full payment for his services. He was yesterday granted special letters of administration by Judge Slack. The will has no date except 1896, but Mr. Goaa says that it was drawn in April. Dr. Beverly MacMonagle and George W. BSpencer are the attesting witnesses. Mrs. Spalding signed the document at the bottom of the final page, not in the place where she should have placed her signature. Itis also stated that she has 1nitialed the margin of each page, but the markings referred to do not appear. The Bella Vista Hotel is bequeathed.to Mrs. Augusta F. Tracy, an intimate friend of Mrs. Spalding, and to Miss Mary P, Marshall, who is described as her *‘faith- ful maid.” number of other bequests are made, 1ppun in the will, a copy of which follows: 1, Lydia A. Spalding of the City and County of 8an Francisco, State of California, being of souna disposing mind and memory, and not acting under duress, menace, fraud or undue influence of any person whasoever, do make, puolish and declare this my lasi will and testament in manner following, that is 1o say: First—I give and bequeath to my sister, Helen Bush of Brighton, Colo., $2000. Second—1 give and bequeath unto my brom;rl,onemde! Benham of Helena, Mon- tana, $10. Third—I give, devise and bequeath unto m: triend, Mrs. Augusta F. Tracy, my house an lots, together with the furniture therein, in Belvedere, known by the name *Heartsease.” fmy said house and lots be sold during my lifetime, I give unto my said friend, Mrs. Augusta F. Tracy, a sum of money equal to the proceeds derived from the sale of said house and lots. & Fourth—I give and bequeath wunto my cousin, Lillie T. Hume, $10,000, the same to be her separate property and to be wholly free from the control of any husband she may now or hereafter have. % Fifth—I bequeath mzlo my faithful maid, Mary P. Marshall, if in my employ at the time of m: 65000 Sixth~IT af time of my death I shall still be the proprietor of the Hotel Bella Vista, I give, devise and bequeath all my interest and a8 estate therein unto my friend, Al ta F. Tracy, and my d, Mary P. Marsha share and share alike together. Beventh—I give and ueath to Frank 8. iom‘alloln :hus m):;ira;: of my beloved husband, r. Volney Spalding. Eighth—I give and bequeath m riraif am},'llr; the sum of $5000, to my hzn , mu‘{ . Pec Ninth—I give and bequesth my large clock -;n‘i, :; m‘;nfl tes-table to Mrs. Lloyd Rawlings o akiand. Tenth—I give and bequeath unto my cousin, John A. thl‘hp of mmo’ for his xn\unter Lydia, my namesake, all of my silver, both table and toflette. ) Eleventh—I give and bequeath to Dr. C. B, Brigham, a kind friendjof my husband, the thereof with her initials, was at the date here- of by the said Lydia A.Spalding signed, sealed and pubiished asand declared to be her last will and testament in the presence of us, who, at her request and in. her presence and in the presence of each other, have subscribed our names as witnesses thereto. BEVERLY MACL{%!EGL; Hyde. GEO. W, SPENCER, Hotel Bella Vista. LYDIA A. SPALDING, Hote] Vella Vista. A CHINESE DOCTRESS. She Will Speak To-Night at Calvary Church. The Young People’s Society of Christian Endeavor of Calvary Presbyterian Church have been making extensive preparations fora grand missionary rally, which they will hold to-night at 7:45 o’clock. | Robert Cle'and, president of the Chris- tian Endeavor Bociety, will have charge of the meeting. Mr. Cleland has secured asone of the speakers for the evening Dr. Kim Eca da Silva, who will deliver an address on “The Possibilities of the Oriental Women.” Dr. Kim Eeca da Silva is the only native Chinese woman who has ever graduated irom an American coliege. Leaving China t an early age she went to the New York oman’s Medical College, where she studied medicine. Graduating in 1884she returned to China to practice, where she me: and married da Silva, a native of Spain. BShe has now returned to this country with the intention of practicing on this coast, and at the meeting will give an interesting aceount of her own life and the great possibilities Which are open to 1 Chinese women. IDnflng the evening musical selections ill be rendered by Dr. da Silva’s hus- band, who is especially gifted in the ren- dering of Oriental music. Chief Crowley Thanked. Chief Crowley yesterday received a letter from Sheriff Cunningham of Stockton, thank- ing him for sending Detectives Silvey and Egan there during the Native Sons’ celebra- tion and for the effective services they ren- dered in looking out for -‘crooks.”” A number of local thieves known to the detectives were in Stockton during the celcbration and were effectually kept out of mischief. ———————— NEW TO-DAY. If other tea were roasted fresh like Schilling's Best, some of it would be as good. In the meantime, Sc/z/- ling’s Best is your tea. At grocers’ in packages. A Schilling & Company ANOTHER CHANCE FOR W, A, SANDERS The Supreme Court Grants His Plea for a New Trial. OLD MYSTERY REVIVED. No Explanation of the Strange Disappearance of William ‘Wootton. { THE VERDICT IS SET ASIDE. The Convicted Man Will Have an Op- portunity to Clear His Name From Shame. W. A. Sanders, whose connection with the Wootton case led to his conviction for forgery about a year ago, has been granted another chance to prove his innocence. Yesterday the Supreme Court allowed him a new trial, thus bringing once more to public notice one of the most mysteri- ouns murder cases in the history of the State. Sanders is now a man of 60 years, and has long been prominent in educational circles, having been very successful as a public schoolteacher. in Fresno, where be lived with his family, resided William Wootton, a wealthy ranch-owner, with whom Sanders was very friendly. In 1894 Sanders suggested to Wootton that he should sell his large farm. Wootton acqui esced, ana it was arranged that the prop- erty should be sold to two friendsof Sand- ers’ named, respectively, Graves and Knausch, for $50.000. An instaliment of $20,000 was paid to Sanders on the 1st of February, 1894, On the same day Wootton disappeared, and nothing has been heard of him since. Some time after Wootton’s disappear- ance Sanders presented and cashed a check for $1400, purport ing to have been drawn by Wootton against the firm of Kutna, Goldstein & Co. Meanwhile the mysteri- ous absence of Wootton had occasioned much talk, and eventually Sanders was accus ed of making away with him. The case was tried, but it was found impossi- ble to fix the guilt of murder upon San- ders. He was, however, convicted of forg- in ¢ Wootton’s name to the check. The men Graves and Knausch were sought high and low, but could not be found; and it wassurmised that the names under the shadow of a damning and terri- ble, though unproved, accusation of mur- der, was sent into confinement asa con- vicied forger. In granting the motion for a new trial the Supreme Court says: It was incumbent upon the prosecution to show that the instrument purporting to have been execnted by William Wootton was in fact a forgery. One mode by which they undertook 1o establish this was by evidence that Wootton was dead before the dey upon which the in- strument bore date. True, this would not con- clusively establish the false character of the draft, for & man might postdate such an instru- ment. Nevertheless, 1t would be evidence tending to show its false character. Again, it was a proper part of the case of the prosecution 1o show that the defendant uttefed and passed the instrument, knowing it to be forged, and, if the prosecution could esiablish to the satis- faction of the jury that Wootton had died be- fore the day upon which the instrument bore date, and that Sanders knew of his death, it would unquestionably be strong evidence tend- ing to show that he knowingly passed a forged instrument. But the prosecution baving the undoubted right to prove these things was not to be de- prived of that Tight merely because the pr ing of the death of Wootton involved the evi- dence ot the crime of murder against the defendant, The prosecution, in proving the death of Wooiton, was entitled to show the manuer of nis death, and i, in_so showing, it was made to appear that he bhad been fouliy dealt with, and had come to his end at the hands of the defendant, it was not for that reason to be excluded irom the consideration of the jury. The evigence was thus not intro- duced to besmirch the defendant or cast un- warranted suspicion upon him. It was neces- sarily introduced in proof of a materiai fact, which it was competent for the prosecution to show. For this reason the evidence tending to show that Wootton was dead was admissible, even lhough it tended to show that he was murdered by Sanders. Under the circumstances and under the na- ture of the evidence which had been brought to bear against Sanders he should have been allowed the fullest latitude in the matter. The court, however, under objections from the prosecution, 1efused (0 admit the evidence of Traver, and left such fragments of it as were admitted in an eviscerated and well nigh un- intelligible condition. This was a hardship and injury to the defendant. The importance to the defendant Sanders of evidence, even the slightest, showing or tending to show that after that time Wootton was seen in the com- pany presumably of the two men whom the prosecution claims to be myths is manifest, NEW TO-DAY—AMUSEMENTS. MECHANICS’ FAIR. HOME PRODUCT EXHIBITION PAVILION, LARKIN STREET, Grandest Exposition on Record. HINRICHS' FINE ORCHESTRA. ‘Wednesday, September 16—Anniversary Mex- ican Independence; Mandolin Clubs. Thursday, September 17—Ireland’s Night. Friday, September 18—Oakland Night; Rellance Glee Club. Saturday, September 19— Berkeley Night; Fire- men’s Night. VOTING FOR THE FIVE BEST EXHIBITS September 11 to October 1, PRIZES—6 GOLD MEDALS. ———Admission 25e¢, Children 15¢.—— OPEN DAY AND EVENING. THE CHUTES, CASINO And Greatest Scenic Rail way on Eartha! Open Daily from 1 to 11 P, M. EVERY EVENING AT 10 O’CLOCK, ANTONIO PIRRI Will COAST THE CHUTES and Laod in the 2 Lake on a Safety Bicycle, A GREAT BILL IN THE CASINO! QUEENA DE REIN, from Koster & Bials. BELLE KIRBY, Queen of Sword Walkers. The REOYAL JAPANESE ACROBATS A Mile Bicycle Race on the Stage. And & Host of Attractions. ADMISSION-—10 CENTS, Chlldren, including Merry-Go-Round Ride, 5 cents. POPULAR RATES "L 15 For the ROUND TRIP; n v NEXT SUNDAY, Sept. 20. T pecial Trains leave Sausalito Ferry at Tickets at Ferry Sunday, or at O’Farrell street, daily udtil 9 P. M. Jos. Bertrand Children under 12, 40c. 8and 10 beor Every tievet guatantess sest. 's Office, 383 will serve an eXtra dinner at noon. were fictitious. Sanders, in disgrace and | | to_ warrant a verdict. Blood... Bubbles. Those pimples or blotches that disfigure your skin, are blood bubbles. They mark the unhealthy condition of the blood-current that throws them up. You must get down to the blood, before you can be rid of them. Local treatment is useless. It suppresses, but does not heal. The best rem- edy for eruptions, scrofula, sores, and all blood diseases, is Ayer’s Sarsaparilla. and no discussion fs needed to show; the in- jury which the ruling worked. Many of the instructions proposed by the de- fendant were not fully embraced in_the instructions given. Defendant’s proposed in- structions as to the reception py the jury of evidence of extra judicial admissions or conces- sions were notobjectionable in law, and should have been given. The jury was not to be de- barred from considering this evidence with all the evidenee in the case, because the death of Wootton might not have been proved to thelr satisiactior: beyond a reasonable doubt, for the death of Wootton might not have been under the evidence, and, in the view of the jury. necessary to be conelusively established _ If, however, the jury believed from the evidence that the defendant Was not guilty unless it was proved that Woot- toon wes dead and t Sanders knew of his death; then, under such a stata of the evi- dence, it wonld nnquestionably be incumbent upon the prosecution to estabiish the fact of his death and of the defendant's kunowledge of that fact bevond and to the exciusion of any reasonable doubt. NEW TO-LAY—-AMUSEMENTS. AL HAYMAN & CO.’S THEATERS. =7 LAST 4 NIGHTS. AT THE LAST ALDW MATINEE SATURDAY THE LISH VERSION Of Sardou's Great Napoleonic Play, ‘MADAME SANS GENRE" (MADAM CARE), With KATHRYN KIDDER in the Title Role. Last Presentation Will Occur io Next Saturday Evening Sept. 19. Séntember 21— losed for Two Weeks, D A, L Monday, October 5. “THE PRISONER OF AT THE CALFoRNIA | 1ast Wik, LAST PERFORMANC A TRUE PICTURE OF LI GREATER NEW YORK. 0N THE BOWERY! ——WITH—— STEVE BRODIE SEE THE FUNNY BOWERY SCENES AND SPECIALTIES. CALIFORNIA POPULAR PRICES. Evenings—25c to $1. Matinees—25c. 50c and 750 calve, TRIEDLANDLR GOTTLOD & Co- LE35ES ATID MATAGERS -+~ IN N “I THANK l IT'S GOD OVER.” That's what a prominent lawyer said iast mght ot A MATRIMONIAL MAZE e just could not langh any more. The very funnicst Comedy ever played by THE FRAWLEY COMPANY! Next Monday—*‘IN SPITE OF ALL.”” Too we'l known to require comment. TIVOL! OPERA-HOUSE o K5 LENESEINE ARELING, PIOPrioior o iadages The Grand Opera Season —TEIS EVENING— Humperdinck’s Falry Opera, In Three Acts, HANSEL AND GRETEL! Tlustrated by A SYMPHONY ORCHESTRA OF THIRTY, Excellent Cast. Beautiful Scenery. haracteristic Costumes, Britliant Light Effects. In Preparation—¢ AIDA!” Verdf's Spectacular Grand Opera, in five acts, Return of the Favorites. Popular Prices—25¢ and 50c. MOROSCO’S GRAND OPERA-HOUSE. WALTER MOROSCO, Sola Lesses and Mauaga: WON IMMEDIATE SUCCESS! “THE DANGER SIGNAL” By Henry C. de’Mille, author of “The Wife,” “The Charity Ball,” “Men and Women,” elc. Play of Enthralling Interest. 1l and Hcenic Effects — A FOUR LOTTIE WILLIAMS D J. HERON" Tn New Eongs and Speciaities. Evening Prices—10c, 25¢ and 500. O'Farrell Street, Between Stockton and Powell. Week Commencing Monday, Sept. 14, Note the Noew Celebrities! Matinee To-Day_(Wednesday), Sept. 16, Parquet, any seat, 25¢; Balcony, any sea, 10c, Children, 10c, any part. ULL.AEL! Most, nmnfin‘ig\:\nn Performer in the World, LEW HAWKINS! MLLE. ALMA! Bellman ana Moore, Filson and Erroll, Vassar Quartet, Marzuerite Ferguson, Terry and Elmer, Perguson aud Mack ani others. O'Farrell Street, Between Stockton and Powell. BrLASCO, DOANE & JORDAN, Lessees & Managers. Another Emphatic Success! A Week of Great Fun? The Charming Milizary Comedy, O URS,* By the Alcazar Stock Company. Prices—15¢, 25¢, 35¢ and 50c. Telephone Black 991. Secure Your Seats in Advance. NOTABLE BAY EXCURSION To WrrNess MR, CHAS. CAVILL SWIM THE GOLDEN GATE! Under the Auspices of the Callfornia Swimming Clab. SUNDAY, SEPTEMBER 20, On which_occasion the splendid large Ferry Steamer NEWARK of the S P. Co, and the SAUSALITO of the N. P. C. R. R. Co. will take excursionists to the Golden Gate, and after the swimming exhihition an Excarsion Around the Bay Will Be Made. TICKETS 50c. CHILDREN 25c, Steamers wiil leave thelr respective slips, foot of Markes street, at 2:30 P. M. T. H. GOODMAN, G. P, A, 8. P. Co. F. B. LATHAM, G P A NP C R, R O SUTRO BATHS. Open Daily from 7 A. 3. Until 11 ». . Concert Every Afternoon and Evening, General Aamission—Adults 10, Children 5¢.