The San Francisco Call. Newspaper, December 3, 1896, Page 7

THE SAN FRANCISCO CALL, THURSDAY, DECEMBER 3, 1896. AMUSEMENTS. BALDWIN THEATER —“Dr. Belgrafl.” COLUMBIA THYATKE he New South. 3 oROSCO's OPERA-HOUsE— Midnight Alarm.” 11vor: Opra Hovsk- The Lictle Duke: OrPHEUL—High-Ciass Vaudeville ALCAZAR THEATER of th NEw BUSH-STREET THEATER.—T Le Hypnoist ETROPOLITA December b, AHE CHUTES Anp SkaTING RINK.—Dally at .uight street, one block east of the Park. FUIRO Larss—Bathing and performances kacI¥Ic Coast Jockwy Crum.—Races to-day. Century.” Kennedy, EMpLE—Piano Recital, Satur- December 3, Wagons, etc.. ut 1 By §. Baecn—Thi Furnitare, This day, Decem- toma street, at 2 cember 4, Art 0 P. 3. CITY NEWS IN BRIEF. Ivy.Ch E talled i;s officers last n The men at the Presidio have organized a :strong-baseball team. The- éfficers of the Sportsmen’s Association were electdd last night. e £ disbanded) will con- fil association. ¥ referee, awarded the fight the eighth round on & foul. cloitdy Thursday, with a threatening, s Forecaster W. H. Hammon’s the - PrOF : Thé Board of Education examined the plans umitted for the new Mission High School _yesterday. The first annual dinner of the San Francisco .Microscopical Society last evening wasa de- lightiul event. Harry Thompson, actor and author, commit- ¢ed suicide yesterday at the Ocean Beacn. He was despondent. Jidge Cdffey is hearing the contest of the will ol the late Jeremiah O’Connor, whois said to have been insane. Th St ol brought down & big contingent of . friends from Mare Island and Val- lejo yestetday efternoon. Judge Joachimsen yesterday upheld the room prdinance and fined George F. Tut- 50 for violati provisions. sued J. F. 2 due on a 91 Holbrook, Merrill & Stetson have Coxand A. R. Alexander for $259¢ judgment obt December 4, r will consult the City and d h a view to begin- orney 1¢ the paymenn of the rebates on taxes. . Father Bvrcnm\n of St. Francis School erday morning ttempted to open - ventad by the heuith Captatn Thompson of the . C. Allen will re- n over at Honolulu in order to take com- { of ‘tife K. P. Rithet when that vessel arrives from Australia. Mr: Tallent gave an elaborate Juncheon iy 8t her home on Clay street, complis Covers “to Miss Bernice Landers. were lald 10r thirty-f The attorneys for the Ra sble to confer on, through its attor- an, will sue foran in- against further action on the of Health. .. Contracior Leonard B.Schmid died yester- “dey from blood-poisoning, caused from a scratch inflicted on his foot by a rusty nail, :. upon which he accidentally trod. Mary Nolan, otherwise Hartigan, has sition to the appointment of John er guardian. Sne says she is com- tent tomanage her own affairs. With one exception the favorites were all beaten at Ingleside yesterday. The winners were: Horatio, Howard S, The Dragon, Cap- tain Rees, Gratify and Palomacita. 5 D. J. Murphy, a blacksmith, on Natoma street, between Fourth and Fifth, was shoeing & horse yesterday when the ammal kicked him in the right leg, fracturing it. * Witnesses at the investigation of the wreck of thesteamer San Benito testified yesterday 1o having seen white foam ahead of the vessel before she struck the rocks near Point Arena. Rert of the Bo Frederiek W. Reiner of San Rafael was con- -victed in Judge Campbell's court yesterday of .exhibiting a deadly weapon and was ordered < "into custody to appear for sentence this morn- ing. 2 A parlor meeting of the Presbyterian Or- phanage end Farm will be held at the resi- dence of Mrs. J. E. Carey, 2603 Steiner street, to-morrow from 2 10 4 o'clock ». M. All friends cordially Invited. The Ensemble Club Tuesday night gave a musical -entertainment at Golden Gate Hall for destifute women and children. Only a few were present, but it was stated that many seats were sold that were unoccupied. Menmbers of the Pacific-Union Club who are opposed to building s new clubhouse on Van Ness avenue will file & protest against the ac- tion of the club in voting to purchase & lot on corner of Bush street and the avenue. ree grain ships and three vessels with eral merchandise went to sea in a bunch yesterday. The Shenandosh was the first to get under way and Captain Murphysays he ill make the run between here aad Liverpool in 100 days. steamer Encinal is back on the narrow- route and tbe people of Alameda are tunhappy. The company was in Iry to get the boat resay in order to : grumb ers that the paint and var- has not had time to dry, ameda County Supervisors held a coni- esterday with raiiroaa officials in this ith the result that the company prom- to join the county in building niarge steel bridge scross Oakland eStuary to be used by the public and the railway company. Judge C y has issued an order directing Dr. Charles Clarke and J. C. Schroder, execu- tors of the will of Henry Linthal, deceased, to show cause wny they do not y the claim ot Undertaker J. 8. Godeau for $218 for funeral expenses. The hearing is set for the 1lth Theodore W. Withoft has filed an amended complaint in his suir against George L. Btan- der and others for $97,847 80. The ¢ aim of Mr. Withoit grows out of the difficulties which led toa against the State Investmentand Insurance Company, of which Brander was the manager. Daniel Donovan, 8 years of age, living at 46 Merritt strget, was drowned yestsrday whil ailing on a raft in & pool of water at Seven teentiu and Temp e streets. His littie play- mate, Archie Hood, was saved by Thomas Nator, 12 years of age, who piunged in and aeted the-part of a hero. The Norwegian tramp steamer Herman .Wedel Jarisberz was damaged more than at first reported. She ran short of coal and was in the same predicament as the Rio de Janeiro, In order to resch Yokohama her gaffs and booms had to goiuto the furnace and twerty tons of wheat followed suit. It was shown in the trial of the Williams libel case yesterday that James Alva Watt, the artorney for General Sheehan, had drawn $3200 attorney’s :ees, etc., cut of the bank-be- iore the directors had appropriated him a dol- lar; and that 3100 shares voted for the Watt - Sheehan directors were afterward canceled. Delmas & Shortiidge yesterday dismissed ° the suits of Craven against the Fair heirs—the suits in ‘ejectment under the Craven deeds. This killed the order for examination of those deeds which was granted in that proceeding. The suit to quiet title—Angus vs. Craven, which involves the same point as was covered by the ejectment suit—was set for trial Feb- ruary 2, 1897. Géorge L. Barnes, a laborer, 64 years of age, died in the City and County Hosbital vester- any under circumstances wiich at firs: led the physicians of that institution to believe that ne had been poisoned. On Monday he was removed from 208 Drumm street in an_uncon- scions condition ana Drs. Dorr and Hirschiie.d suspected from the symptoms that the old man had been poisoned and when he died they refused to sign the ecertificate of death. The body was remoyved to the Morgue, where an autopsy was held by Dr. Charles Moigan, who found that death was ceused by heart disease. Larnes wass native of England and unmarried. : Alex Pendrages, who keeps a restanrant at 121 Fiith stree:, was arrested late Tuesday evening by ( nstoms Inspector Holmes upon a charge of aiding and facilitating the smug- gling of opium into the United States. His preliminary examination will be held before Commissioirer Heacook on Friday. On the evening of November 23 the customs officers secured information that smuggling opera- tions were in progress, and on the strength of their information they went to Mission and Twelfth streets, Three men were discoyered in the act of carrying two sacks gontaining 184 tins of opium. {olmu arrested one of tie men, who gave the name of Sam Brown. OUT OF THE PEOPLES BANK New Developments in the Trial of the Williams- Hebbard Libel Case Before Judge Daingerfield Yesterday. : Manipulation by Which the Jen- ningson Stock Was Voted for the Watt Directors. DENIAL THAT COIN WAS PAID. Judge Hebbard Swore That His Prom- ise Mide to the Depisitors Was Qual.fied. The salient features of the tral of J. 8. Williams Jr. for publishing an alleged li- bel on Judge Hebbard, as they were de- veloped yesterday, consisted in the estab- lishment of the fact that James Alva Watt had drawn $3200 from the bank on ac- count of his attorney’s fees and expenses pefore the board of directors had allowed him a doilar. It was also developed that 3440 shares of the bank siock had been given to William Jenningson for his note for $100,000, and that after Jenningson’s wife had, as his proxy, voted these shares for the Watt- Sheehan directors, 3100 of the shares were canceled and the note wiped off the books. The attorneys for the defense inquired as to whether Mr. Watt had paid Mrs, Jen- ningson for the service she had rendered him by voting for his directors, but Mr. Watt, under oath, denied thay he had | paid her anything. It was admitted by the prosecution that the bank depositors at their meeting bad said disparazing things concerning Mr, Watt and his reputation. Judge Hebbard testified that his promise to the depositors’ committee that he would allow the directors to resign and elect a new board was qualified with the proviso that all the. parties in interest should agree as to the personnel of the new directors. The.parties in interest having failed to agree on this point, the order of injunction remained in force. General Sheehan resumed the stand yes- terday morning, having brought with him certain books of the bank. His attention was directed by Mr. Thornton to the pro- ceedings of the stockhbolders’ meeting of July 5, 1894, After the record had been identified Mr. Thorncon offered it in evi- dence for the purpose of showing that at that meeting Mes<rs. Watt and Sheehan secured control of the management of tue bank, having previously agreed as to the method by which that control) should be secured. Mr. Thornton read the record aloud. It set forth the fact that the stocknolders bad met on the date mentioned ‘or the | purpose of removing the directors and ap- peointing others in their stead. The call for the meeting wasissued by Dr. Bouchey. The meeting was called to order by Dr. Bouchey. It was found that 8962 shares of the capital stock were represented. After rollcall Samuel M. Shortridge demanded that the books should be produced in oraer to ascertain whether the list of the stockholders was a correct one, but the books were in the custody of General Sueehan and he would not allow them to go out of his hands. 'I'he matter was finally settled by the secretary offering to certify to the correctness ot the roll. Tuen the existing board of directors were ousted by a majority vote, and on motion of James Alva Watt the following named directors were elected: George Stone, Rolla V. Watt, S. A. McDonnell, 8. P. Young, I. L. Merrell, 8. K. Thornton and John R. Hillman. The meeting then adjourned. Mr. Thornton asked the witness, Gen- eral Sheehan, whether the record to the effect that he had refused to produce the books was correct, and the witness replied that he believed it was. He was asked whether at the time he knew asa fact that upon the election of these airectors he would beappointed secretary and manager of the bank. He replied that he expected some such action was to be taken, and he admitted that. he helped to secure the election of the directors named, with all of whom he was acquainted. The witness was asked whether it was true that Wiiliam Jenningson owned up- ward of 3440 shares as set down in the minutes of the ballot for the directors, and he replied that he believed such to be the fact. In response to another question General Sheehan said that he could not say that at that time he was aware that two injunctions were about to be served forbidding thie voting of those 3440 shares of stock. He left all law questions to nis attorney. Mr. Thornton inquired as to whether the 3440 shares had peen issued and paid for. Tue witness replied ghat the stock was sold by the McDonald board of direc- tors to William Jenningsaon for something over $100,000, taking his note for that amount. lTue note and the whole tran- saction were subsequently wiped off the books and the 3100 shares of the stock were canceled something over a year ago. Presuming that that stock had not been represented at that meeting there would have been & presentation of 5476 votes, less than two-thirds of the tota: stock. The witness beiieved that the 3440 shares were voted for the successful airectors. There was only one opposiiion candidate, Charles Montgomery. The witness uenied that he had asked Mrs. Jenningson to vote for the board of directors, or that he had paid her any money for doing so. Sue held her hus- band’s proxy. “Do you know whether James Alva Watt paid her any money for her yote?”’ asked Mr. Thornton. “1 do not,” was the fep]ii “I don’t think I ever conversed with Mr, Watt on that subject.” The witness went on to state that S. K. Thornton held some proxies—that of E. H. Knight and Georze Stone—at that meeting, and that Mr. Thornton was & ersonal friend of his and that the stock- olders had the highest confidence in him. . Mr. Foote objected to this tine of exam- ination, and Mr. Thornton explained tnat he proposed to establish the truth of the assertion in ihe circular to the effect that James Alva Watt procured the election of the directors for the purpose of obtaining control of the management of the affairs of the bank. The objection was sustained, and Mr. Thornton passed on to another line of in- quiry. He asked the general to identify the report filed by him in court in Janu- ary, 1895, as receiver of the bank. The witness did not know whether he had made any other reports, but he believed that he had previously made a general re- port of affaits to Judge Hebbard. *‘General Sheehan, how much money in cash, assets in cash, were turned 1n to you as receiver between May 19, 1894, and Jan- uary 9, 1895?"" ask-d Mr. Thornton. The witness could not state witnout consalting the books, but he received for the bank more than $100,000. He dis- bursed during.the same period $42,995. He believed that there were vouchers for all sums paid out. “Did vou June 25, 1894, pay $200 to James Alva Watt?” was asked. The witness could not remember with- out an inspection of the books. ‘‘Have you any vouchers for that pay- ment?’ . Mr. Foote objected to the question as irrelevant. The witness had alreadv testi- hed that he had expended $42,995, and that statement should cover the whole subject. “‘Did James Alva Watt receive on June 5, 1894, $3002" A hke objection was made. “‘How much did James Alva Watt re- ceive from you as receiver for his services during the period named?” Mr. Foote objected again, and the wit- ness replied that he knew what was the sum total allowed by the directors. Mr. Foote proposed to admit that Mr. Watt received for his services $500 per month during the period from May 19, 1894, to January 9, 1895. Mr. Thornton said that he proposed to show that Watt had drawn $3250 out of the bank before any allowance had been han, but that the implication was that Judge Hebbard carelessly, negligently and inadvertently allowed these things to be done, and that a Judge should not be care- less, negligent or inadvertent. The de- fense_proposed to prove by the witness that Watt did scheme to have a board of directors elected in his interest. The eourt ruled that if the matter had been brought to the attention of Judge Hebbard and was within his knowledge he, the court, would admit the evidence. Otberwise not. Mr. Henley said that he could prove it by other witnesses, and Mr., Dixon was ac- cordingly withdrawn. Attorney Bartnett was recalled for the purpose of relating what happened at a meeting of the board of directors on Janu- ary 14, 1895, when a blanket resolution ap- proving of the acts of the receiver was passed. 2 Mr. Foote objected and Mr. Henley pro- posed to prove that Mr. Watt had ap- peared at a meeting of stockholders and had peborted to them certain expendi- tures, while he withheld from them infor- mation as to other expenditures. This was a circumstance tending to prove the truth of one of the allegations of the cir- cular that the money of the bank had’ beeg squandered and otherwise improperly used. The court sustained the objection. Mr. Thornton asked the witness wwhether be had had any knowledge of an injunc- tion about to be served on the board of directors prohibiting the voting of the 3440 shares held by Jenningson. There was another objection and the court sustained it. While Mr. Henley was commenting on the ruling, Mr. Foote in- terrupted him by remarking that the court had passed upon the matter, and that Mr. Henley was simply wasting time. Alvarado, a case that had been pending for twenty-seven years, and in two years General Sheehan and his fellow-commis- sioners wound up the case. The witness did not recommend James Alva Wattas General Bheehan’s attorney, but he had approved of the appointment afterward. He told General Sheehan that the court might never be in a position to make him apy allowance for his services as receiver. The peneral said that that was all right, and that he would like to appooint Mr. Watt as his attornev. The witness agreed, and that night General Sheehan broken into the bank and took possession of it. At that time Delmas & Shortridge were attorneys for tue bank, and the next day 8. M. Shortridee visited the witness in his chambers and said: ‘Judge, I wish you would discharge this receiver and vacate that injanction. Idon’t think you have a right to do this under the law.” The witness refused to do as Mr. Short- ridge had suggeested, and the next day Mr. Delmas came into court ancd asked Judge Hebbard orally to do the same thing that Mr. Shortridge had asked. The witness said: “Mr. Delmas, I refused Mr. Shortridge already doing this, exparte, but if you will file a paper I will give vou an order to show cause. Mr. Delmas said, a little testily, ‘I don’t want your order.” “Some days afterward there was an order to show cause in this matter,” con- tinued the witness. ‘‘Before that was heard, Mr. McCarthy and Mr. Hutton, I believe, did come into my chambers; I dou’t know whether any one else was present or not. We had a general .talk about getting a new board of directors that would be satisfactory to everybody. After- ward Mr. Delmas came in, and we had a good deal of discussion about it, and I did Mr. Foote Objecting to Searching Questions Put by Attorney Baker for the Defense. General Sheehan Reading the Items From the Cash Book Showing That James Alva Watt Took Money From the Bank Without Authority. Attorney Thoraton Asking About the Jenningson Stock. \ made to him by the board of directors. He asked the witness whether Watt, on June 5, 1694, had received $300. The wit- ness consulted the cashbook, and replied that such was the fact. He also found an entry of $200 paid to Watt on June 25, and a day or iwo afterwara $500. There was another payvment of $300 as legal expenses, and on Juiy 25 $500 for attorney’s fées. Various other entries were read, the whole amounting to $3200, as Mr. Thornton de- clared, before the directors had made Watt any allowance whatever. These revelations were listened to with great interest by the depositors, who crowded the courtroom. General Sheehan was asked whether he was an intinate friend of Judge Heb- bard, and he replied that he was and had known him for about six_ years. They were both members of the Union League Club and the San Francisco Press Club. Daniel T. Cole and Colonei D. M, Burns were the bondsmen of the witness as re- ceiver of the bank and also as secretary and manager. “Did you ever attend a political conven- tion at Sacramento for the purpose of furthering the political aspirations of Judge Hebbard?” asked Mr. Thornton. *Idid. That was one of my objects in attending that convention,’” replied the general. He added that James Alva Watt was there as delegate and both were look- ing after the official aspirations of Judge Hebbard. He did not remember whether Judge Hebbard’s name was placed in nomination at the convention in 1894 or not. On the cross-examination Mr. Foote asked the witness whether he had haa anything to do with the sale of 3440 shares of stock to William Jenningson or the ac- ceptance of the note in payment thereof, and the witness repiied that he had not. Abraham D. Frace, a clerk out of em- ployment and a depositor in the People’s Home Savings Bank, was called to the stand and was asked as to ‘his knowledge of the reputation of James va Watt, He said that he had heard Mr. Watt's character discussed in public meetings of the depositors. The criticisms on Mr. Wartt by the depositors at meetings in B’nai B’rith Hall and elsewhere were of a very uncomplimentary and disparaging ‘character. These meetings were held after the failure of the bank and before October 16, the aate of the pubiication of the al- leged libelous circular. He had also seen condemnatory publications in the news- papers concerning Watt and his conduct in the management of the pank. Mr. Foote announced that he would ad- mit that the remaining witnesses, Messrs. Foster, Pascoe, Bobst and Morcum, would testify with regard to the meetings of the depositors and to their speeches condem- natory of James Aivs Watt in the same manner as Mr. McCarthy and Mr, Frace. He would consider that those two facts had been established. Assemblyman George W. Dixon was called after the noon recess and narrated how he haa been asked by Dr. Frederick W. Harris to serve as a director of the bank. The witness was asked by George ‘W. Baker of counsel for the defense whether James Alva Watt had requested bim to serye as a director. Mr. Foote promptly objected, and Mr. Baker an- nounced thai he desired to rrove that Watt had so manipulated matters as to get his friends on the board of directors of the bank so that he could be the attorney for the bank, as charged in the alleged libelous publication., ’ Julius Kahn of counsel for the prosecu- tion repiied to Mr. Baker, and remarked that the court had ruled several times on the subject of the relevancy of the testi- mony offered. Mr. Baker argued that the circular did not charge that Judge Hebbard had knowl- edge of the character and acts of Mr. Watt, and he had a right to prove the iruth of the allegea libel. The circum- stances of this case presumed.that Judge Hebbard héd fall knowledge of what was done. H. considered that the allegation that Judge Hebbard was an unfair Judge was entirely predicated on the truth of what followed, and it was for the jury to say whether or not they had proved the allegations on which the first allegation was predicated. Mr. Foote argued that any action of Mr. att, without the knowledge of Judge Hebbard, would not bind or be a reflection upon the Judge. He therefore objected to the testimony. 3 Mr. Baker claimed the right to prove every portion of the circular alleged to be daefamatory. Mr. Henley argued that there was no charge that Judge Hebbard had knowledge of the acts or character of Watt and Shee- Mr. Henley replied that he was follow- ing the example of Mr. Fcote, and that gentleman retorted by saying that Mr. Henley was maxing a statement devoid of truth. This, Mr. Henley denied, and Mr. Foote remarked that Mr. Hepley had made u <tatement which he knew not to be true. Mr. Henley was retorting in kind, when the court called both gentlemen to order in time to prevent the passing of the lie direct. James Alva Watt was called to the wit- ness stand by the defense, and in reply to questions by Mr. Thornton said that he had been acquainted with Judge Hebbard for about sixteen years. The witness at- tended a convention in Sacramento and did all he could to further Judge Heb- bard’s nomination, but his name was not placed beiore the convention. General Sheehan was in Sacramento at the time, but he was not a delegate to the conven- tion. On the 6th of July, 1894, the witness was appointed attorney for the bank. He was made the attorney for the receiver on the same day on which General Steehan was appointed receiver. The witness was present at the meeting when the new di- rectors were elected and appeared as a representative of the parties named in the books. “Did you or did you not control the casting of the vote of 3440 shares held in the name of William Jenningson 2" asked Mr. Thornton. “I did not,” replied Mr. Watt; “1 had no control over them whatever. They were cast by Mrs. Jenningson, the wife of the owner of the shares, who acted as his proxy.” He had never seen Mrs. Jenningson be- fore the day on which she appeared at the meeting. Mr. Henley called Louis Jacobs to the stand and offered in evidence a record in the divorce suit against George E. White, the Mendocino cattle king. He said that it was charged in the circular that Heb- bard was an uniair and unfit person to be a Judge, and he (Henley) wanted a ruling as to whetner or not the defense was lim- ited to the matters incorporated in the circular. The paper offered in evidence was an affidavit by an attorney in the ‘Wuite case, who complained that the Judge had been guiity of unfair conduct. Mr. Foote, in a very angry manner, sprang to his feet and said that the paper had been got up by a disgruntled attor- ney in the White case. “Itis not fair; it is not decent, to offer that record,’’ he added, “Oh, pshaw !” exclaimed Mr. Henley, in a tone of contempt; “I don’t care what you say.”” *I don't care, either,” retorted Mr. Foote, hotly. Both men were flushed and angry. Judge Hebbard looked annoyed, and there is no knowing what might have happened had not the court interrupted the gentle- men with a call to order. The court would not aliow the paper in evidence, and the defense announced that their case was closed. ’ The prosecution placed Judge Hebbard on thestand in reputial. The Judge be- gan by saying, “I wish to say that I aid everything that I could—"" when he was interrupted by Mr. Henley with the objec- tion that the Judge’s tesumony should be gived by way of question and answer. The witness Pmceedod tc say that At- torney-General Hart called upon him with a compliint in a suit on behalf of the People of the State of California, on the re- lation ot the Attorney-General againstthe People’s Home Savings Bank, asking that the bank be declared unsafe for further continuance in business, and requesied a decree of the court to put it into liquida- tion under the banking act. The Attorney-General on that occasion advised Judge Hebbard that he had no doubt that the appointment of a receiver was proper, and that-it was a case of great. urgency. Objection was raised to this conversa- tion by the defense. The witness then narrated how he took the papers from the Atiorney-General, and how tbe Attorney-General named a certain man as receiver who is not con- nected with this case. Then Judge Heb- bard informed General Hurt that he had never made a8 mistake since he had been on the bench in the appointment of offi- cers of the court, and that he proposed to appoint as receiver, not the person named by General Hart, but General John F, Sheehan, a gentleman with whom he, the witness, was well acquainted, and in whose capability and integrity the wit- ness had unbounded confidence. He had appointed General Sheehan, be said, as a commissioner in the case of Emeric vs. | promise that I would modify the injunc- tion so ti:at the old directors might resign and a new board might be appointed, if all the parties would agree. “There was an attempt on the part of everybody to get a new board of directors of that bank. Mr. Highten represented three directors and stockholders, Mr. ‘Watt re' resented some other stockholders, and McCarthy and Hutton represented some depositors. Between the 8th and 11th of June we were trying to decide upon a new board of directors, but the parties there in court never could agree upon & board of seven directors. The seven directors of the old board were rep- resented in court. J. H. Durst represented Dr. Bouchey; Mr. Hichton represented Graves, Jenkins and Montgomery; and Delmas & Shortridge representod Mec- Donald and others. D-Imas & Shortridge had a number of new men for this direc- tory, and when their names were pro- posed Mr. Durst objected to the personnel, and Mr. Highton also in a way objected. Then Mr. Durst had some names tc pro- pose, and- Dslmas & Shortridge objected. Then Mr. Highton asked that the matter go over until the morning, when he would ‘present the names of 250 reputable men in this community, and would read them to the court and would haveall parties agree that the Judge should mix them upina jury-box and draw out seven names, one by one, who should be declared and agreed upon as the new board. “Mr. Highton brought the list the next day, but nobody would agree to his plan. Mr. Shortridge and his clients objected to it. One day Delmas eame into court and charged me with having promised un- ualifiedly that I woula allow those irectors to resign, and I denied his state- ment and challenged proof.” Mr. Foote, in reply to an objection by the defense, expressed the opinion that Judge Hebbard shoald have fined and im- prisoned Mr. Delmas for contempt, for telling the court that he had violated his promises. 2 “That is sapping the very foundations of justice,’’ added Mr. Foote, apparently working himself up into a great passion. Judge Daingerfield did notappear to be very much impressed by the remark; neither did the crowd of depositors in court, who were thinking of the money they had put into the People’s Home Sav- ings Bank, and who did not appear to be fretting about the foundations of justice, sapped or otherwise. hen the court adjourned until 10 o'clock this mornine. NEW TO-DAY. Your cough, like a dog’s bark, is a sign that there is something foreign around which shouldn’t be there. You can quiet the noise, but the danger may be there just the same. Scott’s Emulsion of Cod-liver Oil is not-a cough specific; it does not merely allay the symptoms but it does give such strength to the body that it is able to throw off the disease. You know the old prov- erb of “the ounce of pre- vention?” Don’t neglect your cough. * : i Pfll‘:p’i-npc. s:: $r.cosizes UNTTED FOR THE LEGISLATURES AD Association of Improvement Clubs Hard at Work. Senators-Elect Dwyer and Braun- hart Made Some Sug- gestions. ir. Taylor Advocated a New Charter as the Thing Essential to the Public Business. The Association of Improvement Clubs last evening elected officers and then pro- ceeded to consider suggestions regarding legislation which might be procured affecting directly the interests of San Francisco. Mayor-elect Phelan, president of the association, declined to be consid- ered a candidate for re-election and the election resulted as follows: President, George R. Flstcher; first vice- president, John H. Gray; second vice- president, C. D. Salfield; recording secre- tary, P. Schwartz; corresponding secre- tary, J. G. Maloney; treasurer, F. W. M. Lange; sergeant-at-arms, Mr. Cahill, the incumbent. William Metzner and W. L. Williamson were elected members of the credentials and finance committees re- spectively, Messrs. McEwen and Maguire having refused. The other members of the committees remained. Prior to the election of officers the Polk- street Improvement Club was admitted to membership. Several matters were con- sidered. The secretary was instructed to send a communication to the Board of Health in reference to the open sewer in Sanchez and Liberty streets, which is not far from public schools which have been closed on account of diphtheria. The law committee was authorized to recommend an ordinance to the Supervisors to pro- hibit objectionable trades and occupations within certain limits. This was brought about by a discussion concerning graders’ camps. A The special order of the evening was the discussion of possible legislative measures. Senator Dwyer spoke about the Pest- house location, and it was voted that it should be located outside of San Fran- cisco. The committee on laws was instructed to communicate with Judge Hunt pre- aratory to drawing a bill 1n reference to Emckmuil suits brought to cloud real es- tate titles. Senator Braunhart made a little speech favoring the restoration of the veto power of the Mayor; favoring also alaw to pre- vert collusion in making assessments for taxation collusively to favor tax shirkers; also condemning the multiplication of offices, expressing the opinion that four Police Judges were too many and that an- other Superior Judge was not needed. He also said that salaries could be re- duced, and that the fees of shorthand re- porters were too high. He concluded NEW TO-DAY. Pedestal. Put a vase, lamp, statuette, plant—any- thing on it. Polished oak. $4 and Christmas is coming ! Everybody in town is invited to see our ‘“furnittire show.”’ Come ; spend an hour or so. You’ll be interested. No- body will ask you to buy. Admission free--but it’s worth a dollar. California Furniture Company (N P Cole & Co) Oatiacy 117 Geary Street i NEW TO-LAY—AMUSEMENTS. OrFarrell Street, Be: ween Stockton and Powell. A Bill of Eastern and European Celebrities ! LANGSLOW, the ~hooting Star. ELLEN VETTER, the Mysterious Globe - Artiste. THE ROMELO BROS., World's Greatest Equilib THE GREAT STUARL, ihe Male Patl ” of B SHEPARD, D HEFFERNAN and LEWIS & ELLIGTT. 5¢; baulcony, 1Uc; Upera-chairs and box-seats, 50c. SPECIAL STUDENTS’' RECITAL. ZEISILIER. Positively Last Appearance in this City, METROPOLITAN HALL, XT SA.URDAY AT 2 P. M. Assisied by o SIGMUND BEBEIL. The Grea st Programme of All. Prices 50e, 75¢ and $1. Beats Ready TO-DAY, at 9 A. M., at Sherman, Clay & Co.’s Music Store. THE CHUTES. n Dnlly%rnm‘ Noon to Midnight. rion, Skating Rink Animatoscope— FREE Potato Race and Balloon Sunday. ——Skating Rink Always Open —— SUTRO BATHS. Og:n Daily from 7 A. M. to 11 P. Concert Every Afternoon and Saf an unday Even! Admission—Adults 10¢, 0 ings. Children o NEW TO-DAY. “Pretty Pill” says Prefiy Poll She’s just “poll parroting.” There’s no prettiness in pills, except on thé theory of ‘pretty is that pretty does.” In that case she’s right. Ayer’s Pills - do cure biliousness, constipation, 3 and all liver troubles. with a statement that he would do ail that, he could to stay the hand of the tax-eater. The laws committee was increased by making Senator Dwyer a member ex- officio. He was also made a member of all committees on legislation. Dr. Taylor of the Citizens’ Charter Asso- ciation spoke concerning {the veto power of the Mayor, which, in his opinion, bas not been taken away. He expressed the view that, while the consolidation act might be amended by general law, it would be only a patchwork, and that nothing would fill present requirements short of a new charter. Several communications and were referred to committees. There are said to be over 3,000,000 deities in the Hindoo mvtholog reports NEW TO-DAY. & If you don't like it, the’ grocer returns your money: in full. That’s Schilling’s Best? tea. A Schilling & Company San Francisco . 470 NEW #0-DAY-AMUSEMENTS. BALDWIN THEATER. - ALHAYMAN & Co. (Incorporated).....Proprietory MR. WILTON LACKAYE, " Assisted by MARIE WAINWRIGHT and a, Grea: Company. 3 Only Four Nights Mor - and Sat. Mat. A Grand and Effective Uramatic Performahce, SUNDAY NIGHT, LAST TIME OF DR, BELGRAFF. EXTRA—NEXT MONDAY. Secona and Last Week, * MR. WILTON LACKAYE. Another Brilliant Event. First Time on Any Stage. . A GREAT DOUBLE BILL— £ Thgoweset | « MOLIERE.” The charming |« CAPT. BOB.” ° SEATS READY TO-DAY. CALIFORNIA THEATER ¥riday Evening, December 4, and Saturs day Matinee, December 5, 1896, The Patriotic and Military Opers, “HEKOES OF ’76."" Eox Office now open at Sherman, Chiy & Co.'s: ICOLANOER GOTTLOD & o+ LE3SES ATDMAMAGLRS- <= « « HARD TO FORESEE ‘Why People Think of Going Elsewhere Instead of Seeing JOSEPH GRISMER and PHEBE DA~ VIES, Presenting the American Comedy Drama, “PHE NEW SOCTH.” Filled with delighiful comedy scenes and strong climaxes. . G REAT PRODUCTION!, MONDAY, DECEMBER 7 . —SALE OF SEATS NOW OPEN-—— The Melodramatic ~uccess. YTEE COTTON KING I 200 Nights ip iondon 100 Nights In New Yor! 100 Nights in Boston. 60 Nights in Chicago. 60 Nights in Philadelphia. P A Wonderful Scenic Production. Starthng Meée chanical Effects. A Special Cast of Greate Excellence Has Been Engaged. . An Event In Theatrical Circles. - TIVOLI OPERA-HOUSE MBS EBNESTINE KRELING, Proprietor & Manages THIS WEEK ONLY! z HVERY EHVENING! Caretul Presentation of Lecocq's Brilliant Operd Comique, . Bt L8 = 8 TH IITTI.E DURKE” GREAT CAST! NEW SCENERY! CORRECT COSTUMES! .. APPROPRIATE ACCESSORIES! A Complete, and Interesting Production n Every Detail. 5 “THE BRIGANDS.” 25c and 50c. NEXT WEFK Popular Prices MOI.?OSCO’S GRAND OPERA-HOUSE. WALTER MOROSCO...Sole Lessee and Manager” Aroused Tremendous Enthusiasm! TEILE: MIDNIGHT ALARM! A Thrilling Melodrama, ¥ull .of Fun e and Excitement! B Great Drawbridge Scene! Speeding Express Tralns! Fire kngine with Spirited Horses! . Fine Mechanical and Electrical Effects. Evenine Prices—lo0c, 250 and 500., Matinees Saturday and Sunday. Belasco, Jordan & 1 a Faille, Lessees & Managers POSITIVELY LAST WEEK OF ——The Modern Soclety Drama. “THE END OF THE CENTURY!" Night—15¢, 26¢, 36c. 50c. Mutlnees—15¢, 23¢, 850, - Telephone Black 991. Seats Now on Sale for.....“ALABAMA” NEW BUSH-ST. THEATER. —SMILES AND LAUGHTER! In Bbrieks, Roars, Yells and Convuisions!—In Large and Small Doses, to Sult Every Constitution ! Nature's Sweet :.emedy Dispensed by A NN =0 Y, ‘World’s Greatest Hypnotist, T NIGETS — KING Laughmaker of the Wor d. His Mesmeri¢ entertainments would compel laugaterina thousaund-year-old mummy. Evg prices—10c, 15¢, 25¢, b0c. Ma: prices—10c¢, 25¢ PACIFIC COAST JOCKEY CLUB ( NGLESIDE TRACK), The only Perfect Winter Racetrack in America. RACING ad2aSee RACING Racing from Nov. 30 to Dee. 12, Inclusive. Five or More Races-Daily, Rain or Shine. FIRST KACE AT 2 P. M. 4 Take Southern Pacific trains at Third and ‘Townsend sts. depot, leaving at 1 p. 3. Fare for Round Trip, including Ad- mission to Grounds, »1.00. Take Mission-st. electric line direct to track. The G. H. Mumm & Co. Stakes, Saturday, Dee. §, ‘The Palace HWL"‘;‘@ ilzmb;c. l“fi. 5 i resident. W. S LEAKE, Secretary.