The San Francisco Call. Newspaper, December 9, 1896, Page 5

THE ' SAN FRANCISCO ,CALL, WEDNESDAY, DECEMBER 9, 1896. RUSED AMOUNTS | / ON CONTRACTS A Large Number of Lead-| ing Merchants Swin- dled. Two Men Got Them to Adver- | tise in the Union Register | and Gazetteer. | T T | One-of Them, E. P. Dewey, Arrested | ~and the Other, E. H. Harris, | Lccated in Los Angeles. { A large number of merchants have been i ! , one of whom at the City Prison in Los Angeles, where made to capture him. part of last year and year two men, . H. 5. P. Dewey, made their ap- ice in the City and canvassed near N the ot £iforts are being al the leading merchants. They repre- sented that v were getting up books to | be'called theUnion Register and Gazetteer, | tLe Interstate Business Indicator and the Tercantile Mentor, all bearing upon the rade and commerce of the State aud untry generally. They carried with them a prospectus of each book, apd as they were smooth | tilkers, they soon won the confidence of the merchants. The books were to be sold | at a reasonable figure and would be circu- ated all over the country. the rates were reasonable they succeeded in gettin: a large number of contracts by which the merchants agreed to pay sums varying from $250 to $5 on yresentation of the book con:aining the advertisement of the firm. Nothing more was heard of the books or of Harris and Dewev till about the begin- ning of this month, when Dewey called upon the merchants with the Union Register and Gazetteer, in which e showed the advertisement. To the surprise and indignation of the merchants, however, when Dawey pre- sented tbe contract and asked for pay- ment it was fonnd that in every instance the amount of the contract price had been raised, Some had been raised $10, others 10 $20, $30, $40 and a few to as bigh as $80. ‘the merchants raised a howl, but Dewey pointed to their signatures on the contracts and insisted that the amounts were correct. He demanded prompt ful- fillment of the contract under a threat of a civil suit in the couris. Several of the merchants denounced the ! thing as a swindle and refused to pav | more than the original amount they ntract, and a' few claimed was in the c were so angry that they t .rew Dewey out of their offices. A good many rathey than bave any trouble paid the raised ambunts. Chief Crowley was notifi by some of the merchants, and Detective Harry Rey- nolds was detailed on tue case. He suc- ceeded in arresting Dewey ou éan’x_lday night and placed him in the “‘tanks. Since then every eifort i:as been made to find some trace of H and yester- day morning it was uscertained that he was in geles. A dispatch was at once sent to tbe Chie: of Police there, ription of Harris and asking t on the char.e of forgery in amounts on the contraects. e Reynolds says that Dewey has | obtained between $300 and $400 from mer- chants, but this sum may be cousiderably angmented, as he has not yet been able to sce all the merchants whose cards appear in the Union Register and Gazetteer. Rev. Fathe rguson to Lecture, The aunusl free public lecture of San Fran- cisco Council No.7, Youug Men's Institute, will be delivered at Metropolitan Hall, Fifth street, next Monday evening, December 14. The lecture will be given under the direction cture Burean. Rev. Father ¥ n will be the lecturer and he will speak on “Triumphs of the Truth.”” The lecture will be preceded by a select musical programme. Tickets of admissior will be necessary, and may be obtained free of charge | from the members of the council or from the secretary of the lecture bureau, Parrott build- ing, room 424. All they wanted ths merchants to do | to insertacard in the book, and as | was BIG Gif’tS--Free! Free! Teas, Correes, Spices. EXTRA BIG OFFER FOR CHRISTMAS. TOUR CEOICE FREE: auce Boat, decorated 3 GGold Band Plates. 5 Whisky Tumblers, ground tottom. olica Cuspidor. 1 Fancy Mustache Cup and Saucer. ok Holders. 4 Table Tumblers. ergraved. & Handied Lemonade Glasses. 1 Halt-gallon Water Pltcher. e monade ™ uzs. Bouqzet Holders. Liebecca Tea ot Decanter. Meal Sct. b aucers, 1 Candiestick, bisque. 1 Bisque Figure Dancer. 1 Vase, fancy Bohemian. 1 Scollop, T-inch. decorated. 3 Soup Plates, decorated. b ta't or Pepper ~hakers. 1 Vegetab'e Dish, decorated. A thousand o:her Faucy Dishes of every description. R IISE WITE EACE W cts Teas, Spices, Parchags BAKING -p OWDERS Presevrs| Extea Dovsie Tieens Extra Dousie ‘THIS' OFFER HOLDS GOOD UNTIL NEW YEAR. W EE WII.I.SEII., CHNAWARE, Efluggfim, BLASSTARE ‘Big CUT PRICES! Fancy Chinaware and Glassware Tea, Chocolate, Coffee Cups, Fancy Plates, Berry Dishes 10, 12}, 15, 20, 25, 35, 50, 75c each., Chocolate, Ice Cream, Berry, Lemonade and Water Sets 50, 65, 75, 85, 1.00, 1.25, 1.50, 1.85, 1.95; 2.25, 2.50 per set. China, Bisque, Fancy Vases, Figures and Ornaments 10, 12%, 15, 20, 25, 35, 50, 60, 75, 1.00, 1,25 each. CUSPIDORES---20, 25, 35, 40, 50, 75¢ each. ¢ Genuine Delft China Trays, Olives, Butter !lates, Cups, Cream Pitchers, Salads, Plaques 15, 20, 25, 35, 40, 59, 60, 55, 85, 1.00, 1.25, 1.50 each.. Tea Sets, complete for 12 persons 2'25 Light 2_75 Gold 350 Fine China 5_25 Blue Trimming, Heliotrope ‘Dinner Sets complete for 6 persons - pute Wahite g Decoration Pure pretty A 75 Gold .00 superior .50 Dinner Sets complete 100 pieces el e B e Wl Quality Best, Madg by Best English Makers, Newest Shapes and Designs. rices A way TINDER S ToRES, 100 IN INUMBER Great Americanimporting feaCo, 146 Winth St. 218 Third St. 2008 Fillmore St. 2658 Miarliset Si. 3006 Sixte;:gt‘h st. % e. 104 Secon. . D53 MEoDIERNOYY AVS 3286 Mission St. AT AIND STORES: 1053 Washington St. 616 East Towelfth St. 181 San Paklo Ave. 217 Broadway. 1850 Parik St., Alameda. HEADQUARTERS 52 MARKET STREET, SAN FRANCISCO. 140 Sixth St. 344 Miarizot St. 1O Mission St. L7 Kearny St. 119 Pollx St. ! until after the session of the Legislature TIME TO OFFER MONEY OR LAND A Proper Site for the Wil- merding School Is Now in Demand. Leading Citizens of San Frao- cisco Are Reminded of Their Promises. Regents Defer the Election of Secre- tery of the Board Until Next April. Candidates in the Field. Regents C. F. Crocker, E. A. Denicke, George T. Marye, T. G. Phelps, A. S. Hal- lidie and President Kellogg, constituting a comimittee recently appointed to select adirector of the Wilmerding School, held a session yesterday forenoon at the Mark Hopkins Iostitute. These regents have learned to their surprise that Mayor-elect Phelan, J. Richard Freud, Alfred Bouvier und other leading citizens who were so active in favoring San Francisco as the place in which the school should be estab- ifshed have done nothing toward securing a site since the regents voted to locate the institution in this City. Assurance was previously given by Mr. Phelan that if money was needed to buy s site he woun!d raise $25,000. In view of the libera! offers of land made by Stockton and Oakland, in order to secure the school, the present indifference of San Francisco capitalists is remarked by the regents. Should the bosard e obliged to use any portion of the Wilmerding gift of $400,000 to buy land for the school in ban Francisco there would be a storm of indignant protests. The committee which considered the sub- ject yesterday deferred action, so as to give Mayor-elect Phelan and his associates time to meet and submit a definite offer of a site. The hope is expressed also by the regents that the meeting will take place at an early day. A regular se-sion of the boara was held yesterday afternoon, with Regent Phelrs 1 the chair. The members attending were Governor Budd, Judge Slack, Judge Wallace, J. West Martin, Albert Miller, C. M. Chase, John E. Budd, H. 8. Foote, . T. Black, Martin Keliogg, A. S. Halli- die, George T. Marye, E. A, Denicke, C. F. Crocker and Arthur Rodgers. In the reading of the minutesit wasin- cidentally noted that Professor E. 8. | Holden of the Lick Observatory had been knighted by the King of Denmark. The star-gazer is now a knight of the Order of Davonborg. The order is indicative of the castle or sirength of Denmark. Judge Wallace introduced a preamble and resolution relative to the loss which the university had sustained jn the death of the secretary of the board, Rev. J. L. C. | Bonte. Tne preamble set forth tnat Mr. Bonte, in his devotion to the university, | neglected the recreative rest which his ad- vancing years required and the resolution proposed a cortinuation of the secretary’s | salary for one year, the amount to be paid to the widow of Dr. Bonte. The resolution was referred to a com- mittee consisting' of Regents Halliaie, Martin and Wallace. President Kel'ogg maae application aleave of absence for Protessor J. N. Conte. The {oung professor desires to attend the golden wedding of Professor Joseph Le Conte in South Carofina, and also desires that his salary should go right along during his absence frem duty. The discussion of the proposition to let Le Conte’s salary go on took such a wiae range that Professor Gayley’s leave of ab- sence on pay for a year to work for a Lon- | don publishing firm was included in the | talk. Judge Wailace brought it under range by advocating the payinent of a year's salary to the widow of the late secretary. Regent Foote was opposed to all the propositions to pay for services not per- formed. It was said by President Kellogg that Professor Gayley would reiund his salary for a year if ne decided to remain abroad. Judge Wallace said he voted against allowing Gayley’s saiary during the vear’s absence because the work in contempla- tion would be of no_substantial benefit to the university. He brushed aside the proposition advanced by Mr. Foote, that the board could not legally pay thesalary. Regent Foote was sure that the board had no legal right to spend money in that manner. With all deference to Judge Wallace, whose disposition was to over- ride everyboay else, he disagreed on the proposition of law. He had known Wal- lace to run amuck against the highest con- stituted judicial! autnority. Governor Budd, in view of the immi- nent ganger ot a great battle between two distinguished lawyers, moved a reference | of the whole subject to the law committee. It was referred ultimately to Major Mhoon, attorney of the bosrd. The Regents went into executive session to talk about the vacant secreturyship. It was resolved to defer the election of Mr. Bonte’s successor until next April. | Regents who Lad been pressed by appli- cants were advised to send all applications to President Keilogg. The leaaing candi- dates for the position are: E. J. Wickson, H. E. Miller, Theodore Wagner, Joserh L. Scotchler, Oscar L. | Dornin, Rev. H. E. Jewitt, W. C. Bartlett, | John Bonner and W. A. McKeown. Thne ! last named is performing the duties of the office at the present time, John E. Budd made the motion to post- pone the election. The suggestion re- ceived unamimous consent. It is a sure thing that regents going to the Legisia- ture for appropriatious will be heid up by members demanding ‘‘recognition” in filling this office, and the postponement for | | may be productive of more harm than good. The following committee on legislative action was appointed yesterday: Regents Martin, Reinstein, Rodgers, John E. | Budd and Chase. A bill for work'done in the construction of the Affiliated Colleges building has re- ceived the approval of the State Boara of Examiners and now there is plain sailing. J. West Martin, from the committee on builaing and grounds, thought it high time that a superintendent should be ap- printed. One way suggesied to get noiley to pay the superintendent is to substitute zalvanized iron for terra-cotta. Other ways may be devised later on. Mr. Martin did not want a cheap man for superintendent. He fancied that the salary should be $250 a month. Colionel Fred Crocker, who has had ex- perience in constructing three commer- cial buildings, said a first-class man could be engaged for $150 a month. He was sure that the regents would ratify tne decision of the committee. Regents Rodgers, Hallidie, Miller and Denicke entertained the same view, and so the selection ot a superintendent was left to the committee on building and grounds. PREPARING FOR A FIESTA, Polk Straet Improvers Arranging Nov- elties for the Holidays. The Polk-street Improvement Club has decided to arrange a midwinter fiesta, commencing on Decembar 21 and lasting throngh the remaining days preceding Christmas. A committee, composed of Lewis Heiman, L. H. Konn, M. Levine, G. F. Roberts and F. Curtis, was ap- pointed last night to work upon the matter. It was decided that the sub-committee [on lights co-operate with the Larkin- street improvers in a petition to the Su- pervisors to allow the Mutnal Light and Power Company to extend its poles from Market street along Larkin and Polk streets as far as Vallejo. Polk street can secure the benefit of a reauction of from $3 to $1 75 a light every night. A committee of one from each block was appointed to fake care of the street and its surroundiogs from Sutter to Val- lejo street. MISSING HORSE-OWNER. The Police Notified of the Mysterious Disappearance of Thomas Fisher of san Jose. The police have been notified of the dis- appearance of Thomas Fisher of San Jose, whro owns a racing stable at the Ingleside racetrack, which includes the well-known horses Fortuna and Encino. Since the opening of the season he had been giving his horses his personal atten- tion. A week ago he left the stable say- ing he was going into town to see a friend, and that was the lastseen or heard of him. His father, who is a wealthy rancher in the Santa Clara Valiey, has been attend- ing for the past tew days to the horsesat the track, in the expectation that he would return, but his prolonged absence has seriously alarmed him, as there was no possible reason for him to keep his whereabouts a secret. Young Fisber is 26 years of age, 5 feet 11 inches tall, small sandy mustache, florid complexion and slim build. CRESCENT CIY ROMANCE Two Loving Hear!s United for the Second Time La-t Night Both Ceremonies Were on the Barkentine Sharp- stooter. Porfermed ‘When the old British bark Sharpshooter was towed into San Francisco dismantled and short of provisions nearly two years ago no one thought that she would be the Kustel and William Ezra Saville, Who Were Married on the High Seas Last July and Again Reunited by a Clergy- man on Board the Barkeatine Sharpshooter Last Night. R Miss Pearl theater for a romance. At that time she looked like a candidate for the boneyard, now she flies the Nicaraguan flag and is one of the smartest barkentines afloat. After being thorcughly overhauied and refitted the Sharpsbooter was loaded with wheat for Australia. She sailed for Mary- torough last June and it was then the ro- mance began. Miss Peari Isabel de Salazar Kustel, aged 16 years, and William Ezra Saville, aged 21 years, both formerly lived in Cres- cent City. The younz men is wealthy in his own right and the young lady was the belle of the town and the daughter of Cap- tain Casimer B. Kustel, now of the Sharp- shooter. Tbe parents thought the couple 100 young to marry and counseled delay. The youngsters thcught they knew more than their fathers and mothers and at- tempted to make a runaway match of it. They were caught and brought back and to prevent a recurrence of the attempt Captain Kustel determined to take his daughter to sea with him. When the Sharpshooter was passing throuch the Golden Gate he found as a passenger who Lad paid his way for the round trip young Saville. A month later the gallant master of the ship found that the lovers were deter- mined to be married as soon as the bark- entine reached Australia, and that 1ur- thermore young Saville was made of sterner gtuff than he thought, so one night a marriage at sea was decided upon. Tne Eharpshooter arrived last Sunday, and the lofiowing entry trom the cap- tain’s log tells its own story: Married—On board Nicaraguan bark Sharp- shooter, latitude 9 deg. 35 win. south, longi. tude 166 deg. 20 min, west, July 12, 1896, by Captain C. B. Kustel, William E. Saville and Pearl Isabel de Salazar Kustel. second daugh- ter of Captain and Mrs. C. B. Kustel. The romance did not end there, how- ever. The yocung couple had a most en- joyable trip to the Antipodes, and started for home full of the 1dea of giving their friends in Crescent City and elsewhere a genuine surprise. The father was not counting on surprises, however, and while satisfied that nothing could be more vind- ing than the marriaze on the high seas, still he wanted the ceremony performed again when the vessel was in dock. Last night a qufet little company assembled in the cabin of the Sharpshooter, and there, in the presence of all her relatives, Mrs. Saville was again married to her hus- band. Coneratulations followed, and the company spent an enjoyable hour. Mr. and Mrs. Baville will leave on tbe next steamer for Crescent City, where they will make their home. . T s Tne bride is a very handsome little woman with black hair and dark eyes. She looks older tban her age, while ner husband looks youunger than his 21 years. He is a blonde, and eithér his whiskers nave not vet begun to grow or else he shaves clean. He and his father-in-law secured the marriage license yesterday, and Mrs. Kustel was down from Crescent City to witness the ceremony. — - In Memory of Jacob Z, Davis. The directors of the Society for the Preven- tion of Cruelty to Children beld a monthly meeling yesterday and adcpted resolutions in memory of JacobZ. Davis, who was a director of the society. e ——— Ross Denied a New Trial, Walter Horace Ross, who was sent to prison for twenty-five years for robbing Grace Wulls in & disorderly house in this City, was denied anew trial by the *upreme Court yesterday. - TO CURE A COLD IN ONE DAY. Take laxative BromoQuinine Tablets. All drug- gists refund the money if it fails to cure., 25¢. ESCAPED FAON HAPA ASTLUM Frank R. Laumeister at Liberty for Nearly Three Years. Hss .Been Working in the Mines and Peddling Since Then. His Arrest for Drunkenness Led tc His Identification and R-arrest Ysterday. Frank R. Laumeister, a peadler and cousin of ex-Sheriff Lanmeister, is in a padded ceil in the Receiving Hospital, and this morning he wilt be taken back to the asylum at Napa, Laumeister was committed to the asy- Ium in March, 1888. Since then he has made his escape three times. The last oc- casion was in May, 1894, and it was by the merest accident that he was recaptured for the third time. For the past eighteen months he has been living on the San Bruno road under the name of Frank Miiler. He carried on the trade of a peddler, and had a horse | and wagon which he drove around the countrv with his wares. On Monday night he was attacked by six young hoodlums on the Sin Bruno | road, and was wounded on the scalp. He defended himself with an iron bar, and succeeded in driving them off. counter upset him, and he drank some liquor to steady his nerves. He came into the City and met Policeman D. Brown on Valencia street, who arrested -him for being drunk. When asked his name at the beventeenthb-street station he repli-d Frank Laumeister, forgetting that he was known us Frank Miller. He was discharged in the Police Court vesterday morning, but soon afterward the name was recognizad and the police notified the Sheriff that he was probably the man who escaped from the Napa Asy- lum. Under Sheriff Clack and a deputy went out to the San Bruno road and ar- rested him. Headmitted his identity and was taken to the Receivinz Hospital. The Napa Asylum authorities were notified and a reply was received that an officer would arrive this morning to take him back. Laumeister tells an interesting story of how he managed to escape from the asy- {um and his experiences since that time. ‘I made up my mind to escape again,’ be said, "mg prepared tor the event. I told the gardener that I would get away, but he laughed at me. I made two keys, one out of my comb and the other out of a spoon. “Iwaited till a night when thers was a ball at the asylum. I dressed myself and covered myself up in bed so that when the watchman made his rounds he thought [ was undressed and asleep. Assoon as he left I opened the door of my cell with one of the keys I had made, and before I got outside I had to open three other doors. No one noticed me and I got clear away. I went to Sacramento and then to the mines in Amador County, where I worked for some months under the name of Frank Milter. .. Then I went to Colusa and worked there for a few weeks till I broke my arm. After my arm was better I thought I would go back to San Francis- ¢o, where no one would recognize me, as my appearance was a good deal altered and I calied myself Frank Miller. “When I got here I bought a horse and The en- ness. ognize me as Frank Laumeister. think to rob me, and I foolishiy gave my name s Frank Laumeister at the police station. Now they have me here and [ suppose will send me back to Napa. Iam not crazy and if Dr. Wiliiams had been alive I would not have been taken back.’ MUST SERVE HER TERM Mrs. Louisa Worthington Was Denied the New Trial That She Sought. Her Hopes Are Doshed by a Decs on Which the Supreme Court Handcd Down Yesterday. Mrs. Louisa Worthington must serve out her (erm of twenty years in the State prison at San Quentin for the mur- der of Harry Buddetey, whom she kitled by shooting three years ago. The Su- preme Court, upon her appeal from the procee.iings on her second trial, yesterday denied her application for a new trial. A part of the decision of the Supreme Court was as follcws: The sppeliant was convicted of murder in the second degree and now appeals from the judgment and order denying her motion for a new trial. Itis insisted” that the trial court committed erior in giving the jury the foliow- ing insiruefions: It is, however, supposed o be unnecessary to elaborate the law of seli- defense for the purpose of this case, inasmucn as it is understood to be conceded that the deceased was not at the moment he was shot endeavoring to ao any injury to the accused Wwoman or 1o any other person, but wes stand- ing quietly at the wharf when she took his life by shooting him with a loaded pistol.” Itis unfortunate that toe statements of the ALY NEW TO-DAT. It Makes Us Smile : To see our competitors try to compete with us. On Prescriptions our prices are 50 per cent less, as we pay no percentazes to physicians, and on other goods—well, note a few prices : Hot Water Bot:le, 2-quart.... Fountain Syringes, 2-quart. Pinkbam’s Compound..... Lola Montez Cream.... Bachet Powder, per ounce Malvina Cream and Lotion. . Scott’s Emulsion Cod Liver O Ayer's Hair Vigor... Eiectric Beits {(a large stock). .. Trusses (a perfect fit guaranteed) Elastic Stockings...... e Galvanic or Faradic Batteries You will never take any mcre Pills if you give TODD’S HEALTH TABLETS a tral; they CURE CONSTIPATION. Price 25 cents. An enormouas stock of Coloznes, Ex- tracts, etc,, for the holidays at way-lown prices. NO-PERCENTAGE PHARMACY 9538 Market Street, South bide, bet. F1fth and Sixth. THE EMFORIUM. I THE EMPORIUM. THE RA INY-D 2SI Z0) AY SHOPPING-PLACE— The Emporium. SAN FRANCISCO, December o, 1805. ™ 0 EVENTS. Wednesday Evening—Wine and Liquor Department Opens for Inspection and Business. The world’s grandest store grows larger and better every day. The new section, open for the first time this evening, will display one of the most com- plete stocks of WINES and LIQUORS in San Fran- cisco, embracing distillations of the most famous producers of Europe and America, including the cele- brated vintages of our own State. We guarantee the purily and age of OUR WINES and LIQUORS to be exactly as printed on label. Thursday Morning—We Begin a Special Sale of Nearly 1000 Finest Velour Capes. The cheaper grades of OUR VELOUR CAPES are almost all gone, but we have on hand at this ad- vanced stage of the season oo more than we should have of the FiINER grades, which will NOW be sold at about ONE-HALF original prices. Inaugural Details below. Sale Special Prices. wagon and wentinto the peddling busi- | 1 made money =t itand was getting | along all right, as nobody seemed to rec- 1 *‘Last night the hoodlums attacked me, I | Regn- Inau- lar gural Price. Price. | Table CLARET, gal.. R ) EMPORIUM CLARET, 3 vears o d. ab end of foreign cuttings, | dozen quarts. ... .. ' ....$3.25 $2.35 Kentucky Belle, §-year-old hind- made Sour ‘Mush Boarbon i WHISKEY, quart. ... ...... L00 .78 i Monongaheln '~ WHISK smoo:h and piessant, gailon... 2.50 2.00 Tath WHISKEY, a ‘speci highly recommendad by phy clons and nirses, quas 1.00 .85 Bath WHISKEY, n spe highly recommended by phy: cians and nurses, pint........ .60 .45 Muturea Calizornia 'ORT, a gen- 2 gallon. 100 .58 1 E KRY TEL, quar:.. 45 ‘Three-year-old PO 0. .75 WHIS- KEY, 6 years oid at time of bottling; Old 8 eciui heserve WHISKEY, 8 years old at v Spectal Reserva WHISKEY, 15 years old ut time of bo.tiing. Ine ¢« eletrated Cyras Noole BOURBON WHISKEY, all g s Ali the well-known tr nasof imported and Native Champagnes, Ales, Beers, Porters, Mineral aad AErated Waters, Corlials, Etc. i | Cape Reductions. Sale begins Thursday morning at 9 o’clock. There have been some wonderful changes in prices to make a quick Cape clearance before the holidays. Our Finest Velour Plush Capes, beaded, braided, fur trimmed, silk lined, all lengths, full sweeps. $15.00 and $17.00 CAPES NOW.......... $9.95 $20.00 and $22.50 CAPES NOW.......... $14.95 $25.00 and $30.00 CAPES NOW.......... $19.75 $35.00 and $40.00 CAPES NOW..........$25.00 SR e S R e TR e TR e i Judge found in this instruction as to the facts | dignity, ete., had been injured to such an ex- of the case should have gone to the jury. It is | tent that nothing but-Avierican money could snid in People vs. Gordon, 88 Cal. 426: IThat | repair the damage, and he sved Tom Flynn and Judges mnst not charge juries with respect to | the Wasp Publishing Compauy for $50,000. natters of fact, is a constitutional_prohibition | As Lord Sholto is a subject of England he had wh.ch has Leen jealously guarded and rigidly | to bring the action in the United States Circuit upheld from the earliest judicial history of A Court. Tne case has been set for January 12. the State.” | in People vs. Phillips, 70 Cal. 68, the trial | court detailed 10 the jury certain facts of the case as having been proven, and this court | there sald: “Of course, this methed of charg- | ing a jury should be carefully avoided, but it has been held here that an insiruction assum- | ing a fact does not demand a reversal, if the | fact is »dmitted or there is no shadow of con- | flict of evidenee with respect to it.” In the present case it there wasany bona- { fide claim that the killing was done in self- | deferss this instruction of the Judge would demand a vew trial of the cage, but we ex- amine the record in vain for any suca claim | by counsel, and look in vain in that record for a word of evidence tending to show that the | kiling was done in self-Jefense. The de- fendant herself testified: “I have no recol- leetion of having fired a shot at him.” Defendant’s counsel rested the case upon the theory that if the defendant killed the de- cepsed siie was insane at the time and not | legally responsible for the act. Thatshe aid kil the deceased must be 1eken as a conceded 1act, and upon such contession appellant is tnen lett to justily upon the sole plea of non- accountabilily. Of course evidence st the trial cffered by a defendant may take a wider renge than his opening statement, and may establish defenses not there adverted to. Yet : | Bere such is not the fact. The most injurious construction to defen- dant which could be given the charge is that in effect the jury was told by it that the ques- | tion of self-defense was not in the case. The record d.scloses that fact without dontradic- tion #nd as a matter of law, and there is noth- ing in the giving of thisinstruction to demand | a new trial. There are many trials upon | charges of murder where self-defense is not | an element, and no harm could possibly re- sult to the defendant in sucn a case if the NEW TO-DAY. You’re Not Asleep : to the voice of fashion and good form if you know that RATTAN jury was so instructed by the Judge. Other exceptions were reviewed and the court found that the trial couri committed no error in refusing to give the variou; instructions asked by defendant’s counsel. The judgment and order were conlirmed. | The opinion wes by Justice Garroute, Jus- tices Van Fleer, Hurrison, McFarland and Henshaw concurring. e . A School Entertainment, Toe young ladics comprising the middle classes of the Girly High Schocl have been making ective preparations ior an entertain- ment to be held on Friday afternoon next in the anditorium of the High School, corner of | Scott and Geary streets, having for its object | charity, and the beneficiaries being the in- | mates of the Califorma Girls’ Training Home, & most worthy institution. Bed T T Lord Sholte’s Libel. I Lord Sholto George Douglas will soon reap- pear before the publicagain. During the time | of his first notoriety in connection with an actress the Wasp took occasion to poke fun at the young man in a cartoon and in its local columnps, His lordship considered that his FURNITURE is nowall therage For Infants’ Carriages it is THr | material. Perhaps we cannot all afford the luxury of a coach-and- four for ourselves—but we can {all afford for our pets the bright and artistic beauty of such a Rattan Carriage. If largest assortment and low prices tempt you, visit the popu« lar shop on Union Square. NELSO RATTANC 832-3384 Post St.