The San Francisco Call. Newspaper, November 10, 1896, Page 5

THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 10, 1896. FIRST NIGHTS * AT THE THEATERS Well Re- Cali- "Darkest Russia” " ceived at the fornia. D:lla Fox Made a Hit in “The " Little Trooper” at the Baldwin. MAY BUCKLEY IN A NEW ROLE. Cerinne Repeated H-r Success “Hendrick Hudson Jr.”—The Dog Orchestra. A glance fast night round the big house at the Baldwin, which turned out to greet _.Della Fox as a star, showed conclusively that the election excitement is all over and that audiences are returning to the theatrical fold. ““The Little Trooper,” which Miss Fox chose as the vehicle forher appearance, as modestly described in the programme French vaudeville operetta, by Ray- ‘ id and Mars, adapted by Clay M. - ene, and set to music by William Farst and Victor Roger. Theplot is an amusing tissue of ab- surdities, which arise from a dashing of- ficer in the hussars passing off his ex- sweetheart as his wife rather than face the painful duty of telling her that he is already married to another. The lawful spouse, of course, appears on the scene, and finding “Oyf Wife,” as she scornfully calls the ex-sweetheart, airesdy in possessicn, she vows to make it hot for her husband, and succeeds most perfectly in her design, though incidenta!ly she also hasa red-hot time herselr. Part ot her plot is carried out by disguising her- seif as an officer of the gallant Thirteenth Hussars, and one of ner first achieve- ments in donning her uniform is to fight aduel. Tbe music woven round this plot is catchy and tuneful, some of the choruses are particularly pretty, and the finale of tLe second act was rapiurously encored. here was no doubt about the hit that Della Fox made last night as the lawful wife of Captain Emile Duval. Both in appearance and style of aciing she wakes memories of Mrs. De Wolf Hopper, though people who first saw Della as a star say it is just the otner way about, and that Edna ae Woli Hopper evokes memo- ries of Miss Fox. However that may be, Della Fox has even more snap and ginger than Mrs, Hopper—tnereis more of herand more power to her voice. She warbles in the vaudeville style, though her singing is by no means unpleasant to listen to; indeed, some of her upper notes are very sweet. In the scenes where she played the vixen with her husband she showed herself to be a genuine artist in her own line, and people in the audience whispered to one anothar, “How cute,” ana “‘How fetching.” Della is graceful, too, and her duet and dance with Harry Macdonough are among the best hits of the evening. Hugh Chilvers looked the role of Emile Duval to perfection, and his acting was tuirly good. He is bandsome, particularly s0 when he shows his teeth. - Mr. Chilvers appeared to realize this fact, for he wore an almost perpetual smile, which at times was more becoming to himself than Yo the situation. Je has a pleasant barytone voice, which he uses well, except that he induiges in a tedious amount of tremolo. Harry Macdonough as Lieutenant Gibard was the freak of the performance. He plaved his part as a cripple and wore odd boots to emphasize his deformity. | How such a fearful and wonderful old gen- tleman ever fought his way into the French army was not explained, but his antics providea plenty of amusement for the aiidience. He tripped the light fantastic toe round all the ladies, and told them in a very pleasant tenor voice that he lovea tiem, and people laughed at the very absurdity of te exhibition. Charles Dungan, who was been warmly welcomed by many San Francisco friends, played the part of the colonel well and sang its songs well, too. Nellie Bepegins was charming as the ex-sweet- heart who had not the least idea she was-doing wrong when she told the cap- tain she loved him. The rest of the cast was satisfactory. The chorus and scenery were good, and altogether “The Li:itle Trooper’ made quite a success. “In Darkest Russia.’ The many people who attended the opening of the California last eveningsaw Russiain two grand scenes. First in the palace of a nobleman, surrounded by all ihe glitter, the grandeur and the imperial glory of the Czar. Here is the awful, the ponderons power that sways millions of people spread- ing across the upper portion of tne Eastern Hemisphere. The next is Siberie—the dreary and eternal winter of the abode of the exiles thrust away tc grovel under the fierce dis- pléasure of the autocrat. One hears the clank of chains and the tread of the merciless guards as the long, gray line of wretched beings file over the {rozen steppe. Darkest Ruesia” is & strong play of love, hatred, revenge, ninilistic plots begun.on the banks of the Neva and continued across the snowy wastes into the farthest quarters the Emperor's dominions. Iid - cy. the daughter of an exile, is o into the palace of Count member of the orchestra. She s y “God Save the Czar’ and is abovt to be punished, when she is tescued by ihe son of the nobleman and an:Amcrican colonel, Septimus Cobb. The young man is her lover; and foliowing her 1o her abode, becomes mixed up in & tompany of nibilists. There he learns that his ;mmned wife, & noble Jady, Olga Karsicheff, is the wife of llda's brother. One of the nest scenes of the piece is where Olga’s motber persuades her husband to exile the young man, who refuses her daughter, to Sioeris, and a few moments after she uninteptionsily induces his father to banish_her own daughter, literally turning the tables on the malignant woman. ier husbana is soon deprived of his office as Minister of Police and ordered to the com- mand of a penel post in Siberis. There ail ihe cheracters meet, and the wreiched exiles protected and rescued by the courtier of - CZAr. What littie humor there is in_*‘Darkest Rus- »” 1s played by Colonel Cobb and Mme. Cnrine Jordan, wna he, in her apprecative term (learned from him), ‘“‘takes zee cake.” Miss Herman carries well her. difficult role of the revengeful woman, ever pursuing the ob- jeets of her hatred. < The staging of the piece is magnificent; the scenery is painged 1rom photographs taken in Russia. The orchesiral music s sprightly, though contrasting with the somber settings of latter portions of the play. “Darkest Russis” wiil be given ali the evenings of thé week, Sunday included; ailso next Saturday aiternoon. 3 CoTumbin Theater. “Hendrick Hudson Jr.,” which was pre- sented 10 a Celifornin sudience for the second time in the Coiumbla Theater last evening, s s success. C.rinne made hersél! popular when, on being presented witha pretty floral piece, she modesily remarked, “I like thesc olks.” She was evidently sincere, and ipe idience applauded in gratitude. - The play is in reality an oneratic extrava- - Iisparkles with witty” nonsense, good usic and quite clever acting. Jce Cawthorn, lute principal comedian with Pali. Ross, has mastered a brogue which greatly pleised all, and John Page and Neil McNetl, who played the paris of detectives, named Sherlock and Holmes respectively, fur- nished nonsense that was a novelty. John Park, an eminent youns barytone; Oc- tavie Barbe,'s prima donns of HoyU's ““A rip to Chinatown’’ fame; NeUie Sirickland Aunie Hutchingon, who built up repuiations n Charles Frohman’s companies, and Helen | Holden Welsh, all appeared at their best. The play was well received, and without doubt will secure its shaze of patronage dur- ing the week. . Grand Opera-House. At the Grand last night another of Captain Herue's plays, *The Minute Men,” was greeted by a large house. It isa war-time drama and full of stirring events and patriotic senti- ments. . The date of the opening action is the time just preceding the battle of Bunker Hill. | Aliss Bateman represents Dorothy, & country &irl who has been brought up by Reuben as his own child, but is found to be the daughter of Sir Frederick Sheiton, & the English army. Leslie makes a handsome officer and a pretty but unsuccessful lover to Dorothy, who loves Roanoke, the Indian. The play is a succession of exciting scenes, and the idterest is well kept up by a very ca- pable company. The comic bits were afforaed | by Julia Blanc as Anne Campbell. Hownrd Kyle played Roanoke, the Indian, very effectively. Mortimer Snow was good as Ned Winthrop, and Miss Anna Daly made quite a hit as Rachel Winslow. lonel o Atthe Orpheum. An amusing new feature of the Orpheum | last night was the dog orchestra, consisting of a number of accomplished canines who wielded musical instruments with more or less dexterity. The orchestra was playing while the dogs were making their music, so it was difficult to say just how much they contributed in the way of sound, but there was no doubt about 1he zeal and energy of the canine arummer; he beat his insirument with a will and got sound out of ir. A number of good acts from last week are still on the bill. Mays and Hunter continue 10 give interesting banjo selections, the Horn Bruthers appear to be as popular as ever, Nel- son, Glinsueti ana Demonio continue their re- markable feats of contortion and the rest of the bill is good. At the Alcazar. Last evening the Alcazar Stock Company gave Henry Hamilton’s emotional drams, “ Reaping the Harvest,’’ to a full hous. The performence was on the whole quite satisfactory and rought out all of the strength of the cast, which included | John T. Suliivan, Francis Powers, Gordon Fos- | ter, Charles P. Bates, F.B. Clayton, Beatrice | Leib, Muy Buckley, Mrs. F. M. Bates, Josevhine | Gassman and Daisy Grogan. The piece is litt'e serious love story laid in Wales, scotland, and Ireland—intense without being high:y dramatic and pathetic without Dbeing lamentable, and the slight humor seat- tered here and there serves 10 take ‘the edge from the more solemn parts. It will be con- tinued all the week. At the Chutes. | The Muminated aerial bicyele ridesof Arion out at the Chutes are still proving an immense attraction on pleasant evenings. When it Is damp the skating-rink serves to bring visitors. The animeatoscope had & number of new pro- jections tnrown on the screen in the Casino iust night, and its original claim of being *‘su- perior to the vitascope” is being now proved. ler Recital. Mme. Fannie Rjoomfield Zeisler, the cele- brated pianiste, will make the acquaintance of the concert-goers of this City this evening at Metropolitan Temple. An excellent pro- gramme is_promised. Mme. Zeisler will give matinee recita.s on Thursday and Saturday of this week, and ber last recital will take piace on Mondsy evening, November 16. New Operatic Society. An amateur operatic society has just been formed, which will be conducted by James Hamilton Howe. Frederic Belasco will be stage manager. The first work to be given is “Patience,” and the proceedswill be devoted to charity, At the Tivoli. The excellent performance of “The Gypey | Baron,” given on Sunday at the Tivoli, was re- peated last night witnout any change in the cast. Bush-Street Theater. T. A. Kennedy,the humorous hypnotist, con- | tinues to afford plenty of amusement for mu- | diences at tne Bush-sireet Theater. | WHENT JUMPS Al A Short Crop Seems in Order | in All Wheat-Producing Countries. Deficiencies in India, Australia ond Russia Make Prices Strong Everywhere. Wheat took anotner rise yesterday, and prices ranged from $1 45 to §147}¢ for choice and $1 52)¢ for extra choice for milling. All conditions point to good prices for some time to come. | One after another come reports of disas- ters to the crops of the great wheat-pro- | ducing countries. It was known some | time ago that there was a shortage in the Indian crop, but the deficiency is now | deemed very serious. Yet brokers do not | seem to be sanguine of any great importa- tions into that country. | The failnre in .India and Australia has | created a deficiency of 2,033,500 quarters in Great Britain alone. This must be made up from other sources, and the | United States will come in for the bulk of the trade. -To California farmersit means a great revival in business. Tre last report comes from Russia, where the antumn seeding is vastly re- tarded by dreught and extensive cold weather. Such continued drawbacks as these keep the market at fever heat. The rise in the local market yesterday was largely dpe to sympathy with reports of advances in guotauons from Chicago and Liverpool. ‘i\hleat broke the record at Chicago in prices yesterday by selling for December at 804 cents. “‘The outlook for the farmers of this State,” said a local broker yesterday, *is exceedingly bright. Along with the ru- mors of the untoward circumstances at- tending the fall seeding of Russia and France comes the mews that there is a threatened damage to the Argentine crop. Corn, oats and provisions generally have risen in price, and even béans have a strong upward tendency.’’ FIFTEEN-BALL POOL. Sixteen Games Run Off by the Mem- bers of the Olympic Club. Sixteen games were played during the past forty-eight hours in the Olympic Club ball-pcol tournament. Spamtding and Atkins showed up for the first time during the series, but failed to get a count. The complete score posted to date is as follows: Games Played Woh. | Lost. Hampto; Cunniognam . Lewis o MR COCEREA ARG RBILAIG R B ORI ERCRE AN A BN RE N~ PO --ueu-wa-m;.»—.-o.s-u.wxu-.I ———————— A Municnl Treat To-Night. Faonie Bioomfield Zeisler, the noted pian- iste, will give a plano recital to-night at Met- ropoiitan lemple. Judging by the programme a treat is in store for music-lovers. The artistic bill of jare includes gems by Bach, thoven,’ Schumann, Chopin, Moszkowski and Liszt.. Tickets are on sale.at Sherman & Clay's or may be obtained at the door of the ball, | the Thirueth District the Eig! GAEAKING THE BALLOT SEALS The Election Commission Begins Its Work of Recount. Defeated Candidates Watch and Hopefully Take Private Tally. SEVERAL CLOSE CONTESTS. In Ab-ut Halfof ths Prec'ncts Ccunted the Pap rs Were Found Unsigned. Yesterday mornirg the Election Com- mission fluttered in through the doors of the Board of Education chamber and sadly contemplated a pile of big envelopes that lay on the tables, ornamented with daubs of red sealing-wax. A number of candidates, who apparently had been found wanting in ballots, ranged them- selves around the room and with pencil and paper and with a hope that a few dis- covered errors would change the com- plexion of affairs to a less somber hue, prepared to keep their private tallies. A. Ruefand Stephen O'Keefe, who may not be a Police Judge this time, watched closely the totals as the official seals were broken. Registrar Hinton sat wearily back against the wall, with an *Oh-I- have-sighed-to-rest-mé” expression in his attitude. Mayor Sutro came in early, but the voice of Harry Creswell calling off the figures in a rolling monotone soon fa- tigued him, and the storied white over- coat floated ghostly away down the dim corridor. The patriarchal crest of Judge Cam pbell appeared at the door, and the sunny smile of the re-elected Police mag- istrate brightenea the wintry gloom of the place and made the defeated ones for- get their sadness. The Judge could laugh first and last, for no official recount can hope overturn his 30,000 votes. The returns of the Thirty-first and Thirty-ninth Assembly districts, which are the Tweniy-third Senatorial District, were watched closely by the friends of Tyrrell, Hall and Welch, as there are only 23 ballots between the two first Sena- torial candidates, and a clerical error made on a precinct tally-sheet may turn defeat into victory. Hall will watch his precious 1683 ballots, Tyrrell will trust that a lucky turn in the tide will move his 660 up a number of numbers and Welch will pray that his score of 1611 will swell and swell till a seat in the upper legis- lative house at Sacramento will be his very own. Inthe Thirty-fifih Senatorial District there is a difference of 65 votes, Dolan having 1233 and Hedemark 1173, and these returns will not escape consid- erable notice on the part of the rival aspirants to the Senatorial toga. The count began at the First Precinct of the Twenty-eighth District and proceeded swiftly to the Eighth Precinct of the Thirty-fitst. About one-half oi the re- turns were placed back in their envelopes on account of clerical errors and the pre- cinet officers cited to appear this after- noon and explain why tally-sheets and poll-lists were sent in unsigned, and why city and general returns were sealed in the wrong envelopes. No material errors were found, and as yet no changes are on the record, so the winners may continue to take easy breaths at this stage of the work. The First and Second Pretincts of the Twenty-eighth Dist=ict were not counted, the Third was all right, the Fourth un- signed, the Fith, Sixth and Seventh cor- rect, and the Eighth poll-list had no sig- natures. It wasthe same in the Eleventn, Fourteenth, Sixteenth and S:venteenth. In the Twentv-ninth District the Sixth, Ninth, Tenth, Fourteenth, Fifteenth and Sixteenth precincts were nnlened, and in th, Tweifth and Seventeenth were put aside for the sume cause. In the Thirty-first District the Eighth Precinct voil-list was without the needed signatures also. In several of the precincts the industri- | ous clerks had copied the poll-lists, writ- ing in the names alphabetcally after the voting was finished, an unnecessary task. Often the lists showed that Presidential electors ofthe set of nine were short one or two crosses, proying that the voter had for- gotten to stamp each name, or had grown weary of the great task of putting down his mark. The recount will begin again this morn- ing at 6 o'clock, and 1t is thought that several weeks will pass before the task is finished. The commission will rapidly run through the general ticket, but the real labor will commence when it takes up mfl voluminous bundles of municipal ballots. MUSIC THE YEAR ROUND A Pan Is On Foot to Have Permanent Symphony Concerts. It May Ev:ntually L2ail to the Es- tablishing in This S'ate of a Con- servatory of Music. William L. Greenbaum, business man- acer of the Hinrichs-Beel symphony con- certs, has a surprise in store for the lovers of music. It isaplan matured hy him and others to secure for this City a perma- nent symphony orchestra. In speaking of the affair last evening Mr. Greenbaum said: “Next Friday at the Beel concert the proposition will be presented to the 300 subscribers to bring in a couple of hun- dred more, the sabscription of 50 cents to be paid monthlv. “With this $250 each month we will be able to give a guarantee to such leaders as Scheel, Thomas, Mascagni ana others to come to this coast. As a starter we would be in a position to retain Gus Hinrichs for the first season. As matters stand now we are only favored for a few weeks at a time with symphony concerts and then comes a long interim, during which for lack of funds we mustdo without. The subscription plan we now propose will permit of concerts during the entire vear, and should there be a surplus it could be urpliad to the starting of a conservatory of music in connection with our State University. “Subscribers in addition to having good music at all-timeés would, of course, get some benefit of a pecuniary kiva in the matter of admission rates. —_————— Appeal for Collections. A parlor meeting will be held early next month by the San Francisco Orphanage and Farm at the residénce of Miss Julian E. Carey. 2603 Steiner street. The object of the meeting will be to arouse interest and obtain contribu- tions toward the building fund. In a coupie of weeks the farm donated by Mrs. Phaebe Hearst, at Fairtax, will be transterred to the orphenage, and itis hoped to begin building soon after. At the meeting of the directors held yvesterday it was resolved to appeal to the churches for the Presbylerian share of the col- lections at the union Thanksgiving services, An appeal is also to be made for Christmas resents for the orphans. BRUIN NOT HAPPY. Market Street Enlivened by the Pres- ence of a Wild Bear From the North. A small black bear woke the echoes on i Market street late yesterday afternoon. He was fresh from the north ana he was as savage as any beast could be. His demonstrations were limited only by his strength. Being only a cub, stout ropes, doubled, were sufficient to hold him in an express wagon in which he rode on the way to Butchertown, where he will be fattened,” with two brother bears, for Christmas. The man who drove the span of jorses fastened to the bear wagon did nollook comfortable. His ursine comrade came too near him with threatening teeth and ; Crowds saw the unusual ugly claws. vild bear on Market street. s.ght of a real PUGS ARE EXCITED. A Heavy Demand for Good Fistic Tal- ent—Matches That Have Been Made. The National Club has signed “Spider” Kelly and Finnick, “the Arkansas kid,” to box ten roundsat 135 pounds on the evening of the Carroll and McAuliffe figbt. Finnick bas defeated some good men and he has many admirers among the sporting fraternity. Kelly crawled out of what gave promise of being pretty. hot fights of late, and the sports are in- clined to think that he will find some way of avolding a meeting with Finnick by cifering a sprained knuckle ora bruised toe a8 an excuse for a postponement. McAuliffe was in town last evening, and after a consultation with Manager Gibbs of the St. George’s Club the date of his fight with Jimmy Carroll was changed from November 18 to November 20. Cham- pion Jack is looking first class, notwith- standing some reports to the contrary. He contends that he will put up the live- liest kind of a ten-round mill with his old opponent. Some bets bave already been made that he will whip Carroll inside of ten rounds. The managers of the National Club are now figuring upon matching Fred Muller and Lon Agnew for a ten-round contest, which, if consummated, will precede the big fight on the evening of December 2. George Green and Danny heedham are matched to fight ten rounds at catch weights on the evenin: of December 18. It was reported that the National Club will sign Jeffries of Los Angeles to fight Van Buskirk of the Olympic Club to-day. In case the pugilists will come to an wn- derstanding with the club in question, the contest will be slated to take place some time !n the midcle of December. — —————— RAID ON “GRAFTERS.” Policeman Wagner Has Started to Clear the City Hall Corridors A crusade has been again inaugurated by Policeman Wagner against Police court ‘‘grafiers’”’ who infest the Lerkin- street corridor of the City Hall. Yester- day morning he arrested William Gaffney, a lawyer's clerk, who 1s a familiar figure in the corridor. Gaffney was released on his own recognizance by Judge Campbell. For a few weeks prior to the election the | “grafters” became bold, as they contended that if arrested they would not be pun- ished. Now that the election is over Policeman Wagner has decided that they have lost their influence and will accord- ingly arrest every one till the corridor is apsolutely free frem their presence. QTR OF SEASDS! A Unique Entertainment by the Lady Members of St. John's Guild. To Be Continusd for Three Days and Nights in Ail of St. Joha’s Chu:ch, Episcopal. This afternoon the ladies of the parish Aid Society of St. John'’s Episcopal Church, at the corner of Filtesnth street and Julian avenue, will open a *‘Bazaar of the Seasons” in St. John's Guild Hall, and it Will be continued to-morrow after- noon and evening. Tkis bazaar is to be held for the purpose of raising a fund with which to pay for recent improve- ments on Julian avenue in front of the church, There will be four booths, each one rep- resenting one of the seasons, with djcora- tions emblematic of tbat season. Soring, which will be 1n charge of Miss Weston, will be decorated with flowers and ever- greens that are characteristic of that time of the year. There will be offered by the young lady named and her assistantsa number of fancy articles. The summer booth will be cecorated artistically with the floral gems of that season, and will be in charge of Mrs. Weston, Mrs, Stewart and Mrs, Bell, aided by young ladies of the guild, who will have some pretty and usefu! articles to offer to intending pur- chasers; the booth represeniing fall will be testooned with vines and autumn leaves, aod will be in charge of Mrs. Cochran, who, with her assistants, will have ready to dispose mincemeat, jellles and all those delicaciesthat are seasonable at Thanksgiving; while the winter booth a snow-covered hu , festooned with holly leaves and berr: nd within which wiil be an Xmas tree, will ba in charge of Mrs. E. B. Spalding, Mrs. E. D. Builard and Mrs. Farnsworth, who wiil superintend the sale of many fancy articles and toys, serviceable in the last week of next month. The bazaar will open at 1 o’clock in the alternoon of each day and remain open continuous!y until late in the night. Each day at noon there will o8 a buffet lunch, and in the afternoon and -evening ligat refreshments will be served. There will be no charge for admission. in the after- noon, but in the evening, when a musical and literary entertainmert will be given, there will be a small admission fee. The whole will be under the general manage- ment of Mrs. Foster, presiuent of the zuild, and she will be assisted by Rev. E. B. Spalding, rector of the church, and his assistants the Reverends E. B. Church, W. A. M. Breck, 8. J. Lee, Mead and Colver. L ————— Bazaar in South Sah Francisco, The Ladies’ Aid Society of Memorial Presby- terian Church will open its annual bazaar in Masonic Hall, Fourteenth and Railroad ave- nues, South San Francisco, this afternoon, and will continue the same during Wednesday ana Thursday, morning, afternoon and evening. There “'{Al De & fine display of fancy articies, neeilework, embroidery and artificial flow- ers, besides a confectionery-stand aud table of Venetian iron-work{ There will be a “Hive o1 Busy Bees,”” ““The use That Jack Built” for the children, and a fountain. An excellent lunch, with ice cream, will be served irom i2M. 1011 P M. ———— ‘Polsonous Stockades in Africa. The growing stockades of the native vil- lages are formed of the euphorbia, a sort of cectus which branches like an ordinary stunted tree, an! forms a mass of foliag: composed of sections of solid growi.g puipy ggewth. Bullets and cannon-shots take bu?liula effect upon such u boma; the shots pass through and leave the bomu bleeding with a ihick, creamy w ite juice which is poitonous, and, if it enters the eves, will blind. Such stockades are found everywhere. —Ceniury. ‘| over, but they will find out their mistake HEBBARD'S FOES ARE 70 BE TRIED P Judge Daingerfield Over- rules the Demurrer of Williams. i All the Defendants Must Answer to the Grand Jury’s In- dictments, IMPORTANT DECISION GIVEN. “Falsely and Knowingly to Impute In- competency to a Judge Is Libelous " “Lots of people said the cases against Juage Hebbard's defamers would be dropped as soon as the election was before they get through,” exclaimed At- torney Julius Kahn yesterday. Judge Daingerfield had just delivered his decision overruling the demurrer of Thomas S. Williams Jr., who was recently indicted with Benjamin Lucey, A. L. Cas- avap, F. H. Qualman, George B. Conant, E. F. Kendall and T. H. McCarthy on » charge of distribating and publishing a libelous circular concerning Judge Heb- bard during the recent political campaign. It was agreed that all the cases should de- pend on the decision of the Williams case, and the defendants must therefore stand trial on the indictments for criminal libel presented by the Grand Jury. Mr. Kahn is assisting the prosecution in these cases. The decision of Judye Daingerfield is re- arded as one of the most important and ar-reaching that has ever been rendered in cases of this sort in California. Judge Daingertield said : The main ground of demurrer is {hat the indictment does not state ;acts sufficient to constitute a public offense. The indictment alleges, among other things, that the cuting’ witness wasa Judge and a candic. for_re-election as such; that the defendant maliciously accused him of being an unfair and therefore uufit person for the position of Judge, and that the defendant then and there well kuew that the alleged defamatory matter | contained in a circular to voters, signed by the | defendant and others, and pleaded by copy in | the indicimert, was false. The charge ihat the prosecuting witness was an unfair person is one of the averments of the circular. This is all equivalent to sccusing the de- fendant of knowing that lhe!yrouculln‘ Wil- ness was a fafr person, and af the same time maliciously charging him with being an un- fair person, in his capacity as Judge and can- didate. For the purposes of this demurrer we must assume the indictment to be true, what- ever the facts may be. “he words of the eir- cular have a clear tendency to injure the rosecuting witness iu his office or calling of ?udge‘ for fairness is of the essence of the judicial temperament and character. Falsely and knowingly to impuie incompetency 10 & Judge is libelous. [Odgerson Libel and Slan- der, 28; 68.] It seems that whatever would be deemed de- famatory in a civil action for libel will be so held ina criminal action. [Odgers, supra; | 875-390.] Newell in his work on “Defametion, Slander and Libel,” 939, says without citing authori- ties, that “The test whether words civilly 1 us are criminally libelous scems to that i henever a pariy must plesd special damages in order to recover ina civil action, no indictment can be sustained, because a suit for damages offers an adequate remedy.” This criterion does not seem to be sound, for, as Odgers remarks, supra, 390, “Taat there should be a criminal remedy as well as a civil remedy is clearly necessary, for most libelers ure penniless, and a civil action has 1o terrors for them. The plaintiff will never get his damages. In fact, as it appears froma | recent case, ihe proprietorof many a low news- | paper rather rejoices at the prospect of a civil action for libel being brought against him. He regards it as a gratuitous advertisement for his paper, caleulated to increase its circulation in these degenerate days.” Furthermors, the textbooks say that the ori- gin of the criminal proceedings was the neces- sity of preventing breacnes Of the peace by legally avenging provocations for such & breach. To say or write of a man anything likely to arouse his ire is generaliy sianderous or libel- ous if it affects his reputation,and if it is un- privileged. Judge Daingerfield quoted further from | Odgers to the effect that not only the in- jured party, but the community alsois interesied in seeing that those libelers who can pay damages shall not on that account escape all hability of imprison- | ment from the fact that the libel, however wanton, has cau-ed special damages only. The court added that itis well settled that, except in certain cases of absoiute privilege not necessary to discuss, & privi- leged communication loses its privilege when it is intentionally false. Another allegation in thgcircular was to the effect that Judge He®bard appointed to a responsible position ‘“‘his friend,”” a certain person mentioned as “notorious,” and a ‘‘political parasite.” The court holds that to say of a man that he has a *‘notorious’’ person for a bosom friend is to injure the man in the estima- | tion of all people who have not that kind of bosom friends. In view of the facts and the law as ap- plied by the court the demurrer was over- ruled, and the trial of the case was set for the 13.h inst. BEVES OF SONGSTER, Singing Birds From Abroad Liberated in Mill Valley. w7 A Premium to Be Off:red for the Scalps cf the Blue J ys J ‘When the skies fall larks may be canght in Mill Valley, but it will go bard with any citizen who attempts co catch them before that time. There is great rejoicing in the valley over the arrival of larks from Ireland and Germany. Thrushes, black- birds and finches also came last week in a consignment of singing birds to Messrs. Michulitschke and Fitzgerald. The larks were liberated in the woods of the valley and one songster soared high and sanga note of ecstacy tothe American flag, which ‘waved in honor of the event. Mr. Michalitschke said the climate of Mill Valley—tbe temperature, the woods and meadows—corresponded to the places from which the birds came, and he was confident the songsters would multiply and prosper in their new home. He is convinced that it will be necessary to ex- terminate or drive out the bluejays, as these birds destroy nests and eggs of other birds. Already the small boys of the val- ley are gunning for the objectionatle jay. Aliter uary 1 there will be a bounty of 10 cents paid for every three biuejay scalps. This premium will be an incentive for a shotgua raid on the jays. The thrusbes, blackbirds and finches were placed in_an aviary built around and over laurels and other small trees. The larks were liberated on the hillside near Mr. Coffin’s residence. To Be Sent to Portland, Harry Barion and Edward Pierson, bunko e . Children Cry for Pitcher's Castoria. men who were. arrested on the steamer State f California about two weexs ago, will be sent back to Portland to stand their trial on a charge of robbery. They are accused of rob- bing Edward and Alexander White, farmers irom Minnésota, while in Portland on their way to Oregon City. — POOLROOM CRUSADE. Six Arrests Made by the Police Yestor- day. The police are keeping up tbe crusade against the poolrooms, and yesterday six “John Doe” warrants were obtained in Judge Conlan’s court. Policemen Brown and Hines served them upon J. A. Talbor, C. F. Turner, E. Gosliner.and Isadere Messenger, Leides- dorff street, and George Duncen and 8. A. Osterhans, 24 Eilis street. The charge against Talbot and Turner is selling pools outside the racetrack, and against the other four viclating the pool ordinance. Judge Campbeli released Talbot and Turner on their own recognizance, and the others gave $300 bonds for their ap- pearfnce. —————————— The Divorcs Record. Mary E. Merkle has been granted a divorce from Joteph S Merkle and accorded $25 a month alimony. Pauline A. Snoek was given & divorce from Nicholaus J. Snoek for williul desertion, with $10 & month alimony. Judge Troutt h: rdered the defendant in the case of Lulu M. L. Campbell to pay $50 attorney’s fees and $15 a month alimony. Margaret Tighe has been accorded a divorce from John F. Til‘ghe on the ground of failure to provide, and Frances L. Fine has been di- vorced from J. F. Fine because of his willful HMBURG_ EXPUSITION An Appeal to the Fruit«Growers and Packers of Cali fornia. The Preducts of This State Should B Well Represented Next Year in Germany. The State Board of Trade Committee yesterday circulated an appeal to the fruit growers and merchants of the State, call- ing attention to the exhibition to be held 1 Hamburg, Germany, beginning May 1 and continuing until September 30, 1897. An extract of the circular is as follows: The city of Hamburg, already a large fac- toras a purchaser and distributor of Califor- nia products, intends to make of its gencral horticultural exhibition a success, and to that end has Faised a guarante: fund of 500,000 marks. In addition to this, it has placea a beautiful park situated in the centerof the city at the disposal of the General Horticultural Exhibition committee. A large number of medals and cash premiums are offered to com- titors. In addition to the permanentexhi- ition, & number of special contributary or suppiementary exhibitions will be inaugn- rated. A number of steamship lines have promised free transportation forexhibits o and from the General Horticultural Exhibi- tion and a 50 per cent reduction in the passage price for attendants. The latter concession is subject to special arrangements. The Board of Trade appeals to the vari- ous fruit exchanges, commercial packers and shippers and growers of fruits for ready and hearty co-operation. —————— Three thousand telegraphers are em- ployed in the several postoffices of Lon- don KEW TO-DAY. The Owl’s best stationery advertisement : 100 cards from your plate, 85c¢. It's an advertisement, pure and simple, but the bargain is none the worse for that. Good cards; the $1.50 sort. Drugs as good as stationery, and as fairly priced; catalogue free. THE OWL DRUG CO. 1128 Market Street. DOCTOR SWEANY, A Physician whose reputation is established by ien vears of successful practice in this city. 757 Market st., opp. Examiner Office. NERVOUS DEBILITY and all ot ity attendine ailments, both of YOUNG, MIDDLE-AGED and OLD MEN. Indis- cretions of Youth, Excesses of Mature Years, causing drains which sap the vital- ity, night losses, failing strength, aching back, diseased kidneys, inflamed glands, varicocele, nydrocele, dizziness of the head, gloominess and despondency, poor memory and a wandering mind. HEART, BRAIN, NERVES— Palpitations of the heart, difficult breathing, suffocating feeling, fullness of head, fear of impending danger or death, a dréad of being alone. . You have no time to Jose. BLOOD and SKIN DISEASES —ALL BLOOD TAINT from any cause whatever, Eczema, etc. BLADDER — Irritability, Cystitis, Stricture, etc. EYE, EAR, NOSE, THROAT scientifically treated and promptiy cured, DISEASES OF OMEN—Al of their many ailments cured. WRITE if away from the city. Book, “Guide to Health,” a treatise on all the organs and their dissases, free on applica- tion. Call or address DOCTOR SWEANY, 737 Market Street, San Francisco, Cal., £ Qpposite Examiner Office. DR. HALL'S REINVIGORATOR ve hundred reward for any cusn ws cannot cure. THIS SECRET REM- ELY stous all losses in 24 hours. cares Emisstons, Linpotency, Varico- cele, Gonorrhwa. Gleet, Fits, Stric- tures, Blood Disease nnd all wasting | effects. of self-Abuse or kxcesses Sent sealed. 2 per boitle, THRxH ES, $5: gusrunieed to cure any case. DR HALL'S MEDICAL INSTITULE, 855 Broadway, Oskiand, Cal. wl:'lun diseases quickly cured Send for QELL NEW TO-DAY. SOLE AGENTS FOR THE MAGUIONI KiD GLOVES. Heédquart;rs For Materials For Fancy Work. The Largest and Best Assorted Stock in the City at the Lowest Prices. A COMPLETE STOCK Of Embroidery Silks, Filoselle, Filo Floss, Art Silks, Turkish Floss, Knitting Silks, Japan Outline Sitk, Japauese Gold Thread, Beads, Cords, Fringes, etc. ENTIRELY NEW Art Cloths, used for embroider- ing on, comprising Brazilian Cloth, Rustian Tap>stry, Gre- cian Drapery, Antique Satin, Satin de Gene and a full line ;i l.u the different shades of Felt. THE LATEST Designs in Moleskin Velvets, Cretonnes, Brocatelles, Printed Satins and Printed India Silks. ART LINENS NEW ’ Inopenwork and plain. CUSHION COVERS In hundreds of new designs. EXTRA !—Special Sale of Denim Table Covers, 40 inches square, fringed, tinted and em- broidered. Special at __8O0c Each. Decorative Pllntin? and Embroidery Done to Orger. Mall orlers promptly filled. Send for our new iliustrated catalogue, mailed free toany address. NEWMAN & LEVINSON, 125, 127, 129, 131 Kearny Strest. BRANCHSTORE—742 and 744 Market S¢ THE WEEKLY CALL It Publishes the Cream of the News of the Week and MANY ATTRACTIVE AND ORIGINAL FEATURES, IT IS THE BEE;‘WEEKLV PAPER ON THE PACIFIC COAST Always Republican, but Always Fair and Impartial in Its Rendering of the Po- litical News. It’s the Paper to Send East if You Want to Advertise California. The Best Mining Telegraphic News That Service on Is Accurate The Coast / N&up to date Not a Line of it Sensational or Faky, and Not a Line of it Dry or Uninteresting. A PAPER FOR 'IHETOUNTRY FIRESIDE. Br! T t, Clean, ughtful. A Champlon of Truth. - A CAll'ORNIT NEWSPAPER ALL THE TIME. IT ADVOCATES SENT BY HOME MAIL, $1.50 INDUSTRIES A YEAR. THE CALL SPEAKS FOR ALE DR. GU® HERBS PHY SICIAN of the FLOWERY KINGDOM. E IS O¥ GREAT EMI- nencs and learning, having long experience In the Imperial Hospii of China. He bas practiced his profession in America D rears and cured thou- mnds of sick and afilicted. He guarantees a cure of all diseases men, women and children where cure is sible. No matter if oth- ers have failed to cure you, :.n;‘lzel:. GUY.“ E(V}:l’bmy n to call. nsulta. HnFRee Oficeso B3I kEARNY sT., Washington and Jackson. Big & is_a non-polsonous remedy for Gonmorzhaea, , Spermatorrhaa, ités, unnatural dis charges, or 2oy infl