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THE SAN FRANCISCO CALL, THURSDAY, OCTOBER 1, THURSDAY OCTOBER 1, 1896 AMUSEMENTS, CovrvmMBIA THEATER—The Lost Paradise.” ROSCO'S UrENA-HOUSKE—“Shadows 0f & Great » vOLT OPERA-HOUSE.—“Alda"" ORPHEUM—HIgh-Class Vandevl! A1cazar THEATER.—*School.” £vTRO BATHS—Bathing and performa £100T THE CHUTES—Dally & Halght street, «cueblock esst of the Park. MECEANICS' INSTITUTE PAVILION—Twenty- ninth Industrial Exposition. PICNICS AND EXCURSIONS. EXCURSION—To Monterey, Suntiay, October 4 FAMI1LY EXCURSION—T0 Camp Taylor, Suaday, October & AUCTION SALES. CRESSWRLI~This day (Thorsday), 18 Stetner street, at 11 o'clock. is day (Thursday), Furniture, 321 Sutter street at 10;30 o'clock. BY FRANK W. BUTTERFIELD—This day (Thurs- day), Groceries, at 1406 Dupont st., at 11 o'clock. EY EASTON & ELDRIDGE.—Saturday,0ctober 10, Real Estate, at Murphy' s Station, Ssnta Clara | Co., at 1 o’clock. ITY NEWS IN BRIEF, Prosper Vincke was arrested yesterday for wearing his wife's clotbes. Mrs. Hettie W. Benjamin, mother of the Supervisor, died yesterday afternoon. ction Con joners will begin the ion officers this morning. derick is said to be playing to n his hola-up of the City govern- ment he plaintiff’s case in the suit of Quill against hern Pacific Company was concluded Miles narrowly escaped a serious sccident on the Cliff House road yes- rnoon. T Observatory expedition bas re- | 1, aster failing to photograph the eclipse | ie §un in Japan. i rs. Maud Ballington Booth spoke at Met- | oliten Temple last evening on her work e prisoners. | y Thursday morning, with light fog; | sk hursday night.—Local For fcA The Woman Suffragists are making arrange- 3 for a grand musical and dramatic en- rtainment at the Tivoli. ifford More yesterday applied for letters | istration on the estate of A. P. More, ohn F. More, removed. resting address was delivered by Mrs. L. Billings to the Woman’s Republican te Central Club last night. Auditor Broderick is being adversely erit- icized for holding out the salary warrant of the Mayor’s Stenographer. | Society girls will pose asliving posters at the entertainment for Christian work at the Association Auditorium to-morrow. The Board of Health is severely criticized for closing the operating-room of the Re- celving Hospital 1o newspapermen. The Noe heirs have asked that thelr suits be not tried by Judge Sanderson, claiming that jurist is not without bias in the case. The suit of C. A. Hughes against W. J. Sulll- van for $40,000 damages for malicious prose- cution is being tried before Judge Hunt. The Non-Psrtisans held a secret session of over two hours last night, but were not able to agree upon the nominations for Super- 1S, Francisco Fernandez, the destitute boy re- tly found eating out of a b Officer r, has been placed in ldren’s | ® > ce of the Eisen estate have brought vel legal point.They want to pay probate the net instead of the gross value of perty. state Board of Equalization, in response est from Auditor Broderick, hasgiven icial & week extra time in which to com- the taxroll. alifornia State Dairy Association con- its session yesterday, The subject of culosis in cows was discussed at con- erable length. The First Battalion of the Police Depart- S ont throngh varions movements en sud Or 1T orie sailed for the Orient v Thomas P. Woodward claims that a combine of printers entered into & conspiracy to pre- vent him from carrying out his contract to print the great register. The Wheelmen’s Municipal League held a meeting at the Imperial clubrooms last even- ing and made final arrangements for. the big parade Monday evening. The Sacred Heart parish fair will open to- night in Armory Hall, Page and Octavia streets. Bupervisor Joseph Dimond will inau- ate the festival in a speech. eral Republicans who have been acting with the Non-Partisan Convention may witn- raw if the scheme to nominate candidates for the Legislature is carried out. ilson is wanted by the police, t having been issued upon the com- t of Miss_C. A. McFarland, his sister-in- in which he is charged with robbery. e of the illness of District Attorne; the trial of the seven accused Superv u the cherge of malfaesance in office, W poned until this morning at 10 o’clock. Higgings and Michael Kenany, two en, had a dispute about money in & #aloon at Ingleside racetrack last night, and Kenny shot Higgins through the right hand. T8 The Mail Company’s China made a record- breaking run betweén Yokohema and Hono- ulu and Honolnlu and San Francisco. She eat her own best time by 2 hours and 42 rs broke into the residence of Mrs. Lund on Sutter street, near Baker, yesterday afternoon, and an_attempt was made to enter the residence of Frank iemberger, 3470 Sev- uth sireet. Virginia Fair heard read to her her deposi- n in the Craven ejectment suits yesterda i after much discussion between the la sand technical differences of interpreta- tion she signed it. ‘wo of the sailors of the United States cruiser : afzom | A iaak e o t at Nagasaki while the China was at Yokobama; uot, Bow- | eve nti! they bad spent all the money. ANOTHER OCEAN RECORD BROKEN The Mail Company’s China Beat Her Own Best Time. 7 | On Ninety Tons of Coal a Day' the Vessel Made a Very Fine Showing. A QUICK RUN FROM HONOLULU | Two Sailors on the Cruiser Boaston Robb:d the Paymaster of $1000 and Then Deserted. | The officers and crew of the Pacific Mail Company’s steamer China were jubilant yesterday. The good ship has again | broken her own record and with an aver- | age of 16.7 knots an hour for over 2000 mules it easily beats any showing made by vessels on the other lines. From Yokobama to Honolulu the China | beat her own record by two hours, her pre- vious best showing being 9 days 12 hours and 11 minutes. From Honolulu to San Francisco she made the run in5days 8! hours and 29 minates, beating the best run on record from that port by 2 hours and 42 minutes. She was delayed off the Farall- | ones for an hour by the for and had a | littie heavy weather leaving the port of Yokohama. The showing meade by the | steamship from day to day was a remark- | ably good one. Leaving Yokohama on September 15 she logged 343 knots the first | day out. That was about the average until September 24, when a run of 215 miles brought her into Honolulu. The run from Honolulu was a particu- larly good one. Leaving port at 11:46 p. M. on September 24 she made on the 25th | 3 knots, on the 26th 382 knots, 27th 380 kno th 393 knots, 29th 389 knots and 30th 337 knots, arriving ih portat9:44 . ». The runs were all made on a consumption of 90 tons of coal a day and with an allow- | ance of 125 tons a day the chief engineer is confident that the vessel can make 20| knots over a continuous run. During the voyage Chiei Officer Saun- | ders was a very sick man. He began to i mend as soon as Honolulu Waslaached‘ and is now in fairly good health. Among the passengers were: Miss Helen Stubbs and Miss Theodora fitubbs, daughters of | J. C. Stabbs; Mrs. Dr. Cushing, wife of | the well-known physician; Miss T. A. | Fields, Professor J. M. Schaeberle, Dr. J. | E. Shuey and L. C. Masten, the astrono- | mers who went to Japan to view the | eclipse, and C. A. Spreckels. The latter | bas been on a visit to Honolulu and says | he thoroughly enjoyed the trip. Mrs. F. | H. Frank also returned on the China. | She has been on a nine months’ visit to her sister in Japan, and is enthusiastic | over the beauties of the country. The China brings the news that the pay- master of tue Boston is a serious loser by the cruise. While the vessel was in Shanghai he drew considerable money in gold coin with which to pay various debts contracted by the cruiser. Two sailors, named Henrickson and Mooney, learned that the money was in the pavmaster’s | ngawpey with | I were put on board the Yorktown and will be sent to San Fran- cisco for punishment. Both men joined the vessel here and are well known at Mare Island. The Qgcidental and Oriental Steamship Company’s Doric sailed for the Orient yes- terday with a heavy cargo and a fali list of passengers. Amoug those in the cabin was Chung Liang Wong, Chinese Vice- Consul at this port. The officers on the Doric assert that on their return trip they will easily beat the China’s record, Captain Seabury and the men on the crack Pacific Mail boat laugh at the idea. Goodall, Perkins & Co. bave no further particulars from the wreck of the Uma- tilla. Captain Hunter wires that she is resting easily and will be got off. The City of Puebla is the next vessel to sail for | the Sound, and the Mexico will take the | Umatilla’s place on the route. An investi- gation will be held at Port Townsend into tne cause of tbe trouble, and the blame will be fixed where it belongs. From the telegraphic accounts it appears that Cap- tain Hunter was using extraordinary pre- | country and abroead. i Benjamin, at Redwood City. 1896. The Pacific Mail Steamship Company’s Steamer China That Yesterday Finished a2 Run From Honolulu in 5 Days 8 Hours and 29 Minutes, Breaking the Record by 2 Hours and 42 Minutes. Her Best Run Was 393 Knots Made in 24 Hours, the engagement of Tyrone Power, the well- | known actor, to Miss Edith Crane, who has so successfully impersonated the character of Trilby, comes the information that after Satur- day next Mr. Power will formally withdraw from the Frawley Company. The motive of the withdrawal 1s unknown. Mr. Power is well known in his profession, both in this n America he has been associated in leading parts with the Daly Com- any, with Mme. Janauschek and in London ge was chiefly identified with Beerbohm Tree and with & company of his own in which he starred for over & year in ““The Texan.” SHORT ON WHEAT. Emil Meyer, & Grain Broker, Suspends Owing to the Rise in December Grain. The sharp advance in December wheat yesterday caught Emil Meyer, a gramn broker and member of the San Francisco Produce Exchange and Call Board Asso- ciation. He suspended payment, but the failure is not a large one. At the regular session of the Call Board his contracts calling for the delivery of | several hundred tons of December wheat were bought in on his account through the caller. The price paid was §1 17} per cental, to which the option had "risen during the morning. Meyer’s office is in room 60 in the Mer- chant’s Exchange building. He was for- merly a bookkeeper for William Dresbach, the ex-grain king of California. Meyer did a small business on commission and | specniated a little in grain on his own account. HE MCURNS HIS MOTHER Supervisor Charles E. Besjamin Learns the Sad Tidings by Telegraph. Supervisor Charles £. Benjamin yester- day received a telegram announcing the death of his mother, Mrs. Hettie W. Deceased was born in Suffolk County, N. Y., nearly eighty-three years ago, and came to this State twenty-four years ago with her hus- band, David T. Benjamin, who died last Christmas at the ripe oid age of 83 years. Like her husband, she passed away with- out illnéss or pain, the candle of life just flickering and goingout. Mrs. Benjamin was a wonderful wo- man in many ways. Broad-gauged in her ston robbed the paymaster of $1000 in gold n at Shenghsi and fled to Japan. They 1t at Nagasaki end put nboard the ork town. Judge Coffey yesterday sustained the de- rreer of W. M., . Hart 1o the com laint ot Sarah J. Carr, which alleged that Hart had concealed s will of Thomas Blythe and so swindled her out $5000. Florence Blythe-Hinckley was yesterday or- dered to appear before Judge Troutt on Octo- 3 and be examined 85 to her asaets. 4 n to whom she is said to owe $100,000 ad the claim attached. W. London, & waiter ina Fourth-street restaurant, who slashed a pet dog belonging to Gertrude Notting of 110 Mason street, was yesterday sentenced to thirty days in the County jail by Juage Campbell. On Saturdey néxt Attorney Bert Schles- eineer, acting in conjunction with Attorney E. P. Mowrey, will file an &ction in the United tes District Court in which the Govern- ment is used as & mere figurehead. James M. Allen was yesterday appointed ad- nistrator of the estate of Clara A. Newlands, e of Francis G. Newlandsof Nevada. Mrs. Newlands died February 17, 1882, leaving no will. Her ustate is valued at about $30,000, The Republicans of the Thirty-seventh Assembly District held a rousing meeting at 1940 Market street last night at which THE CaLL got & VOte of thanks for its independent and manly course in supporting the Repub- lican party. The Police Commissioners held ‘s meeting Jast night to hear acharge of unofficerlike conduct sgainst Policeman George H. Graham st Harbor View on September 18, After listen- ing to the evidence the Commissioners fined Graham $50. Three families residing in the vicinity of Eutter and Taylor streets were made seriously 11l by drinking milk which came from & dair; San Mateo County. An analysis failed to ect poison in the milk or to positively show any cause why illness should be induced by the fluid. The Republican State Central Committee hes officially declared the Auditorium con- vention to be the regular Republican County Convention and its ticket 10 be the regalar ticket. The vote was almost unanimous, A. Ruef slone voting no. This s a big victory for John D. Spreckels. —————— Paso Robles. The all round comfort characteriZing the best-known California health resort has been further attended to by the erection of & new bath-house at the mud springs. A reduciic of winter rates to $10, $12 50 and 15 bas s> been made, Both minersl and mud batns 10 guests, * | Foliowing closely upon fhe announgeraest of Y / cautions and that it was due to the inset of the current ihat the vessel struck. The value of the Umatilla’s cargo is placed at the Custom-house at §9695. It is feared that all the perishable ireight will be a complete loss, The American ship 8. D. Carleton, which grounded in the Straits of Sunda, arrived in Bnnglong on August 20. She will have to dock for repairs. The Pacific Mail Company’s Aztec has been placed under the Hawalian flag and was to sail for Ban Francisco from Hono- luln on Sej ber 26 last. She will be again placed on the Panama route. Advices from Seattle contain a report from the steamer Willapa, from Alaska, to the effeqt that the steamer Al-Ki, s eral days overdue, ran on the rocks Doug las Istend syd was beached. £hrone Fowur 10 Leave Frawley. &2 //M// MRS. HATTIE W. BENJAMIN, LATELY DECEASED. - o Y A 2: ideas and big-hearted in ker benefactions, she bad always held a prominent position in the social life of erwood City and ad- jacent towns. She and ner husband and ber children settled in Redwood City the year they reached this coast and the old couple never sought another home. Mrs. Benjamin was of a famiiy which has done much for tnis country. Her father, Captain Cook, was in the navy of the U'ni.ted States, and was captured by the British in the war of 1812. Her hus- band’s father was also a lieatenant dur- ing that same war. Her son, the present Su];erviaor, Wwas a soldier dm‘lnf the Re bellion, and also adjutant-general on Ge eral Androus Bravo's staff during the Maximilian war, fighting against - the French. Mrs. Hettie W, Benjamin leaves behind three children, Mrs. ‘A, P. Low, Mrs, Dr. C. A. Kirkpatrick and Charles E. Benja- min, She aleo leaves eight grandchildren and six great-gran ren. HOME PRODUCT AWARDS A Partial List of the Fortunate Exhibitors at the Big Fair. A. McLaughlin Is Not Satisfied With the Action of the Managing Directors. There was a fair attendance of members of the Dairymen’s Union at the Home Products Exposition last evening, but in some way or other the orcasion became known as Dockery night. Major H. E. Alvord, chief of the Dairy Division of the Department of Agriculture at Washing- ton, D. C., delivered an address. To-day and to-morrow will be floral days. Three prizes of $75, $50 and $25 will be given to the florist presenting the three most orig- inal and beautiful designs. This evening the Rev. Anna Howard Shaw will deliver an address on the signs of the times. The judges of the exhibits have pre- sented a partial list of awards. In the matter of awards A, McLaughhn of the National Brewery believes that he has a just cause for complaint. He says that the judges gave him the highest award, but for some reason unknown to him the man- agers of the fair have gone outside ot the jucdges’ decision and have taken the mat- ter under edvisement in the interests of the Fredericksburg Brewery. He proposes to contest the case and probe the matter to the bottom. The partial list of awards is as follows: Manufactured products, machinery—Baker & Hamilton, Bowers Rubber Company, Califor- nia Tule Anti-Caloric Company, George Cum- ming & Co., G. E. Chittenden, H. H. Cook Belting Company, California Stump Puller enniston, Dyer Brothers, C. Cempany, E. H. Evans & Co., George H. Foye & Co., Fulton glish and Ship Building Works, Gravity Can Labeling Machine Company, Golden State Miners’ Iron Works, Hadwen-Swain Manufac- luring Company, J. L. Hicks, Joshua Hendy Machine Works, F. A. Huntington, A. 8. Hal- lidie, B. E. Henrikson, Hanford Agricultural Works,Judson Manufscturing Company,Krogh Manufacturing Company, George W. Kneass, M. O'Brien, Pacific Mining Machinery Com- pany, Risdon Iron and Locomotive Works, Rix Compressed Air Machinery Company, L. Rado- vieh, 3ouney Bros., G. M. Towle, Union Iron Works, I. 8. Van Winkle & Co., George Weice- hart, Wetmore-Bowen Company. Alctals, stone, marble and glass—Baker & Hamilton, Eritton & Rey, California Wire Cloth Company, Martin Garrick, California Travertine Comipany, Dyer Bros., George C. Dallamore, Kiliot & Farrell, Thomas N. Furiong, K. W. Gress, James Gra- ham, Joshua Hendy Machine Works, W. F. Harmon, Inyo Marble Company, Judson Manufacturing Company, C. H. Jack- son & Co., Fred Jurgewitz, C. F. Kirby Jr.. Los Angeles Iron and Steel Company, H. G. Lang- rehr, Model Window Hinge Compnz, L. B. Nordlung, George W. Pennington Sons. Pacific Axle Company, Pacific Saw Manufac- turing Company, Risdon Iron and Locomotive Works, Rapid Safety Filter Company, Steiger & Kerr, Edwin Shannon, H. S, Simonds, Schus- ter Bros., Stockton Art Pottery Company, Tuckey & Harris, Truman 8. Clark Company, U. & I. Co.,Verrue Instantaneous Water Heater Company, Vapor Bath Cabinet Company, Washburn & Moen Manufacturing Company, Wanner & Maddox, Wnyte & De Rome. Wood or wood and iron—G. H. Allmond, George F. Atkinson, Carl C. Anderson, A. A. Anderson Woodenware Company, C. H. Burr, Baker & Hamilton, G. Bicha, Buchanan Bros., Bowers Rubber Company, California Art Glass Bending and Cutting Works, Cyclops Iron Works, W. P. Fuller & Co., Fulda Bros., Thomas Hateh, C. P. Heininger & Co., August Jungolut, F. W. Kreling & Sons, Kullman, Mrs. J. A. Marsh, E. H. Marwedel, Plum Co., Souney Bros., 8t. Germain Billiard Company, The Novelt: Company, J. E. Taylor & Sons, H. Voss, Wil- liams Bros, Weston Basket Manufacturing Company, David Woerner, Yosemite - Cycle Works, Zan Bros. Animal and vegetable products—H. Braun, Berwin & Gassner, Brown Brothers & Co., ents Oregon City Woolen Mills; H. Betti, Ts. 8, H. Bankhead, California Cotton Mills, H. N. vook Belting Company, Fred R. Cook, Carlson Currier Company, L. P, Degan, Mrs. W. de Pons, Eagleson & Co., D. Eisner, Charles Fisher & Co,, Goldberg & Tweedie, Golden Gate Woolen Manufacturing Company, C. Herr- mann & Co., C. P. Heininger & Co., Mme. Alms_E. Keith, John Lind, K. A. Lund- strom, Lawrence Cutting School, Mrs, L. M. Lawrence, Metton & Gebhard, Mmes. Stecle & Bergman, Neville & Co., J. J. Pfister, Palmer & Goodshall, Siebe Shoe Company, San Francisco CALL, San Francisco Chron- icle, Tubbs Cordage Company, Joun Uf hils. Electrical, scientific and printing — W. N. Brant, H. 8. Crocker Company, Chicago Arti- ficiel Limb Company, Educational Map Manu- facturing Company, H. W. Faust, C. R. Fraser, A. Greenbaum, Heala’s Business Colle%a, Dr. Philip Mills Jones, Dr. E. Jacobs, G. E. La- mont, Pacific Electric Works, A, M. Robertson, Louis Roesch Company, Samuel Sonnenield, J. C. Sala, The A. Lietz Company, Van der Nail- len School of Engineering, Dr. H. G, Young. e e, o G.E. A Handsome Exhibit. C. Hermann & Co., the well-known hat- ters,have carried off the honors of first prize once more for the excellent exhibit of hats and caps at the Mechanics’ Fair, Asour on:{ manufacturing hatters this firm is entitled to all the attention their exhibit has attracted. They offer at their store, 328 Kearny streei, probably the largest and most select assortment of iadies’, gentle- men’s and children’s hats and caps to be found in the City. e gt Awarded First Prize. Once more victorious! “The New Cali- fornia Range,” which took the first prize at the Mechanics’ Fair and also at the Sac- ramento State Fair of 1895, has again car- ried off tae first prize for the best cooking range for househeld uses. These ranges are made by Steiger & Kerr, and can be seen at their salesroom, 138 Geary street, where they also have a complete line of hardware and household utensils. BWahehizy i ‘Won First Prize. One of the most attractive exhibits in the Mechanics’ Pavilion, particularly worthy of the first prize which it has been awarded, is the display of boots and shoes by John Utschig of 326 Bush street. This display is only a fair sample of his work. For over twenty-five years Mr. Utschig has been justly rewarded as the most suc- cessful custom shoemaker in the City. MUNICIPAL LEAGUE. Wheelmen Complete Arrangements for Their Big Parade Next Monday Evening. The Wheelmen’s Municipal League held a meeting last evening at the rooms of the Imperial Cycling Club, Van Ness avenue, to make final arrangements for the big parade Monday evening. Judge Kerrigan presided and P. J, Hyde acted as secretary. J. W. Maguire was added to the parade committee. A long aiscussion took place upon a resolution barring out all transparencies or other advertising designs of candidates other than the specially indorsed candidates of the league. The opponents of the resolu- tion favored the exclusion of the adver- tisements of all candidates. The.matter was referred to the parade committee, A test vote as to how the club stood on the proposition was largely in favor of the ex- clusion of all advertisements. The proposition to have ‘a night at the Chutes” for the benefit of the campaign fund was temporarily postponed. The Yosemite Cycling Club was ad- mitted to membership in the League, with E. D. N. Boukofsky, A. Heckendorf and Phil W. Hammersmith as delegates. The Associated Creditors of the City presented a communication proposing that they and the wheelmen unite on a slate of candidates for Supervisors. The matter was laia on the table. POLICE REVIEWED. The First Battalion Ferforms Various Evolutions With Credit to the Men and Their Officers. The first battalion of the Police Depart- ment, consisting of eight companies from the central district, had a dress parade on Van Ness avenue yesterday afternoon. Captain Wittman, who was mounted, was in command of the battalion, and the companies were com- manded by Lieutenant Birdsall, Ser- geants Nash, Cook, Shea, Christiansen, Tobin, Blank and Wolwebber. Those in command of platoons were Sergeants Price and Harper, Corporal Ayers, Sergeant Anderson, Corporal Gleason, Sergeant Green, Corporal Sills and Patrolman Adams. Chief Crowley, in citizen’s dress, was mounted and, accompanied by Drill In- structor Marshall, who was also mounted, watched the various movements with the keenest interest, and seemed very well pleased with the appearance and march- ing of the men. 5-puin Wittman put the battalion through different movements, including marching in column of companies in platoons and in fours, all of which were done most creditably, and valled forth the enconiums of the spectators. NEW TO-DAY. 636 Market, Opposi ‘ Telephone Main 1333. THREE-DAY PRICES Thursday, Friday, Saturday. (LARET, gal. 45¢. ° Other days 75¢. .;x) years old; from one of the best vineyards. ure. CHUTAES, qts. 50e. o er 73(13: Half a dozen kinds; best make; no meat ish as good except vigorous health, MACKEREL, 5-Ih. tins, $1.45. Other da; 75, Burnham’s, Superior to any other’lll'n tins, Heads and tails off. Beauties. CATSUP, pint 15¢. Monarch brand; & good ki many kinds. This price worth the other, CHOCOLATE MENIER, 2-Ib. pk Chamofis wrapper, vanilla.20c, other days 25¢ Pink wrapper, vanilla....25¢, other days 30c alr.- wrapper, '&?i}l "..mc. other days 35¢ © s e Bnm:'.f'.‘.p.w 4 igis 300 other deya 350 ronze, wrapper, vanilla........ ++...30¢, other days 35¢ Prewiom (answeetsned). 15, other days 200 High class, French, never so cheap, These prices to attract attention, Other days 25¢ ind, bmw:'{:‘m will sell it—it's TCHO OF THE BLYTHE CONTEST, Sarah J. Carr Charges That the Capitalist Left a Will N Attorney W. H. H. Hart Accused of Making Away With the Document. A $5000 LEGACY DEMANDED. Judge Coffey Sustains the Defendant’s Demurrer and Tells Why He Does So. The litigation over the Blythe estate seems interminable, and every month or two a stray application, contest or de- murrer finds it way into Judge Coffey’s court. The latest claimant of a share of the capitalist’s wealth is Sarah J. Carr, administratrix of the estate of James E. Carr, who, during the lifetifne of Thomas Blythe, was superintendent of some of his Trinity County mining property. Carr died not long ago and his widow brought suit against W. H. H. Hart for $5000, claiming that Blythe left a will in which he bequeathed that amount to her husband, and that Hart, being named as executor of the document and custodian of it, concealed it so as to make it appear that Blythe died intestate. Judge Coffey yesterday sustained a de- murrer Hart entered to the complaint, and in so dving explained several nice points of probate law. Kollowing is an extract of his Honor’s deeision: This is a suit to fix upon the person of the defendant a constructive trust by showing to the court, sitting as a court of equity, thata will was duly executed in which the defend- ant was named as an executor and in which a particular bequest was made to the plaintifi’s intestate; that this fact was brought to the knowledge of the defendant; that when the fact was brought to his knowleage he wag in- stituting & proceeding in rem to establish’ for bis own gain the intestacy of the deceased; that it was his duty to disciose_the fact of the existence of the will, but that he frauaulently concealed it for his own purpose until he had established the intestacy by his proceeding in rem and made it impossible for the plaintiff to take any probate proceeding to establish the legacy. Plaintiff claims that the trustis fixed upon the defendant by the fact that his fraudulent concealment prevented the plain- tiff from taking any proceeding in rem. Defendant demurs on the ground, mainly, that neither count in the complaint state facts sufficient to constitute a cause ol 1 think the demurrer should be s and upon the basis of the demurran NEW TO-DAY. SILVER Either one—every dollar buys twenty- five per cent more furniture at our *750 Mission-street prices” than elsewhere in the city. . Qur main building of five floors is a world of farniture—the variety and extent exhausts the imagination. Only the best makes, from selected woods, carefully and artisticatly made up. Our Carpet and Curtain Department now has a new building to itseli—sepa- rate, but connected. That's the result of “Mission-strees prices.” / INDIANAPOLIS FURNITURE CO. 750 Mission St. NEW TO-DAY—, LAST WEEK NECHANIGS FAR THE GRANDEST EXHIBITION ON RECORD ! Tuesday—Boys’ Bri ; A.qu‘!.hl.e’E.dl.o:‘. rigade and Y, M. C, ednesduy~The Dairym: Eniokerbooker Quarer, o wnd the Suffrage ursday — Woman’ Flower Show Day. Friday Night—Governor’s Night and (by partioulsr request) the Griad Pro: gramme of Wagner’s Il1luscrious Music. Saturday—CLOSING DAY. LAST WEEK. THE CHUTES And Greatest Scenic Rail way on Earth! Open Daily from 1 to 11 P, M. Every Evening in the Open Air! MULLEN SISTERS, Cornetists, and THE ANIMATOSCOPE, The Funniest Sight Ever Seen Is DELMAR, THE N-FROG! Hopping Down the Chutes JEVERY NIGHT AT 10 0’CLOCK, ADMISSION—10 CENTS. Children, including Merry-Go-Bound Kide, 5 cents. and at Pleasing Paralyzing Pie! How good it looks! How . good it'is! And how it hurts. Why not look into the question of Pill after Pie? Eat your pie and take Ayer’s Pills after, and pie will please and not paralyze. AYER’S Cathartic Pills CURE DYSPEPSIA. ment, briefly stated, that the jurisdiction of the probate forum to establish a will is exclu- sive, whether the will has been lost or de- stroyed or has been fraudulently suppressed, and a court of equity has no jurisdiction in this State to grant relief in such'a cause, either directly or as an incident to jurisdiction over other matters. I have bestowed laborious sttention upon the briefs and authorities cited in this conten- tion, but can find no support under our sys- tem for the pretensions of plaintiff to equita- ble relief in the case stated in her complaint. To entertain this complaint as stated—to sus- tain the pleading so framed—would lead to grave complications and would destroy the uniformity contemplated in the mode and manner of proof and would be opposed to the atute established by the constitution and atutory laws of California. Ho! for Monterey. On Snuday next there will be an excursion to Monterey, Del Monte and Pacific Grove, under the direction of Colomel William H. Menton. The train will leave Third and Townsend streets at 7:30 o’clock Sunday morning and will return early in the evening. The round trip will be $2. Every care will be taken to see that the guests are shown all that is interesting along the route. e —— Shoe Clerks’ Entertainment. The Retail Shoe Clerks’ Association of San Francisco gave its initial entertalnment in Native Sons’ Hall last evening. A large au- dience was present und generously applauded the various features of the programme. Danc- ing concluded the enjoyable event. NEW TO-DAY. You can expect too much of Schilling’s Best—it is only tea. But your grocer gives your money back if you don’t like it. In packages, full weight. A Schilling & Company S: an Francices 304 NEW TO-LAY—AMUSEMENTS. TIVOLI OPERA-HOUSE MesERNESTINE KRELING. Proprietor & Manager LAST WEEK OF The Grand Opera Season —TO=NIGEIT — AND ALL THIS WEHEK P Verdi’s Divine Inspiration, A’ SUNDAY EVENING—Last Night Grand Opera Season—Good-by to the Favorites. Next Woek—Balfe’s Romantic Opera, “SATANELILA —or—— The Power of Iiowve. Firs, Appearances of ELVIA CROX 8KEABROOKE, Soubrette, MAURICE DARCY, Lignt Comedian, Popular Prices—25¢c and 50c. heale, COME TIME TO- DRAWING NIGHT NEAR ONLY THIS WEEK OF THE FRAWLEY COMPANY In Their Perfect Performance of “THE LOST PARADISE,” NEXT MONDAY. “TRILBY.” Seats On Sale. This Monday Prices—25¢, 50¢, 75¢, $1. MOROSCO’'S GRAND OPERA-HOUSE. WALTER MOROSCO, Sols Lesses and Managae PACKED HOUSES CROWD TO SEE L. R. STOCKWHLIL, gest of Scenic Melodramas, “SHADOWS OF A GREAT CiTYr Assisted by the Eminent Artlsts, HOWARD KYLE, VICTORY BATEMAN. Wonderful Revolving Scene. Costly Costumes ! Splendid Scenery! Gorgeous Accessories! Evening Prices—100, 250 and 500. Matinees Saturday and Sunday, ©O'Farrell Street, Letween Stockton and PowslL A Rich Musical and Vaundeville Treat! 26—-GREAT VAUDEVILLE STARS-26 Together With the Famous Royal Hawaiian Band and Glee Club, 40—Skilled Musiclans and Vocalists—40 Oneof the Orpheum’s Greatest Successes Special Matinee Labor Day, Mon ct. 5 BELASCO, DOANE & JORDAN. Lessees & Managers, ANOTHER UNEQUIVOCAL HIT! “SCEIOOL:!’ . CES—Evening: 15¢, 25¢, 35¢ and 500 Matinee: 15c, 250 and 35c. Secure Seats by Telephone, Black 991. MATINEES SATURDAY AND SUNDAY. BALDWIN THEATER. Monday, Oct. 5, sgfl;‘% “THE BRISONER " OF ZENDA.” TO=DAY. From Lyceum Theater, N. Y., SUTRO BATHS. Open Dally from 7 4. ., Unitl 11 7. ry Afternoon and Evening, c’&mfi&::\l{-mn—.mm. 10c. Children 50.‘ PICNICS AND EXCURSIONS. LAST AND BEST- OF THE SEASON. FAMILY EXCURSION TO MONTEREY, DEL MONTE AND PACIFIC GROVE. ‘Under the l?x’mm‘ supervision of MR. WM. H, MENTON, Excursion Passenger Agent 8. P, Co. SUNDAY, OCTOBER 4. $2,00/“4%%"|$2.00 pec n will leave Third and Towneend Streets Depot at 7:30 A. M. For fartber ion snd tickets apply at Grand Hotel Ticket Office, 613 Market streei, and Twenty-fif:h and Valencia sireets. RICHARD GRAY, 7. H. GOODMAN, Gen’l Traflic Gen'l Pass. Agh