The San Francisco Call. Newspaper, December 16, 1896, Page 2

o SO s SR TR S B e S e e e S e 0 e e e s s e e THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 16, 1896. groin and as he was sinking to his knees Sharkey exclaimed, *‘I’ve been fouled, put he was not sure whether Earp heard him, The witness explained that be made Lyvch’s acquaintance in Salt Lake. At box a man that time Sharkey was to named Willi ana Needham was to box another. Needham had Lynch as his manager and Sharkey requesied Lynch to look after his interests as well. Lyuch | was to receive no compensation for his | services, but he had the privilege of see- | ing Sbarkey exercise while training, and that was a very valuable privilege to a betting man. Judge Sanderson remarked at this stage of the proceedings that he had expected that the counsei woula have inquired into the character of the affair, as to whether it was a prize-fight or merely a frienaly boxing match. But the court did not think that is was his affair, as he was sit- ting as an officer empowered to adminis- ter oaths and to take the depositions of witnesses. He did not know whata knockout was, whether 1t was the receipt of injuries sufficient to disable a man from continuing the fight, or whether it was a particular kind of a blow. Judge Sander- ed that he was probably the n in the State who had never seen fight; at least he thought so since he had heard the evidence. Sharkey explained that a knockout was when a man, after receiving a blow, was | unable to proceed for five or ten minutes, and his definition produced a gasp of astonishment from all who heard him. He thought that a biow on the jaw was the surest way to knock out a man. William Greer Harrisoe was examined as an expert on what constituted the dif- | ference between a prize-fight and a glove contest, He said that a prize-fight-wasa brutal exhibition governed by only one or two rules, while a glove contest was 2ov- erned by a complete set of rules. Strength was the chief element oi prize-fighting, while skill was the chief element in glove- fighting. Custom had prescrived the use of five-ounce gloves. Mr. Barnes asked him whether there were not fights to a finish under the Mar- quis of Queensberry rules, and Mr. Harri- son replied that such athing happened. A knockout was not a serious affair. Cor- | bett had knocked out the witness three | times in a half-hour, “‘but there is noth- | ing in a knockout. The man goes to sleep | all over,” replied Mr. Harrison. _ | “Every man to his taste,” remarked Mr. Barnes Mr. Harrison insisted that there was notbing in & glove-fight analagous to a | prize-fight. The exercise of ereat strength | was allowed in prize-fights, but wrestling was debarred in glove contests. The error of judgment on the part of a referee wouid | be in failing to see a foul, but he could not very likely see a foul if none existed. The decision of the referee was final, and there ‘was no appeal even when he made a mis- take, The witness was a spectator of the Sharkey-Fitzsimmons fight and was posi- tive that no foul was committed by Fitz- | simmons. He considered that bouts between ama- | teurs were more spirited and interesting | than these between professionals. It was | not uncommeon, in cases where the contest | ‘was very close, that half the spectators ob- jected to the ruling of the referee. The cry of the audience at the Sharkey-Fitz- simmons fight was against the dec n of the referee. He heard or read the next morning that General Barnes had said that Fitzsimmons bad fouled Sharkey. Lem Fulda, ex-president of the Cali- fornia Athletic Club, was called by Mr. Kowalsky and explained that prize-fights | were dangerous to the contestants and | very often ‘‘resulted in the death of one | or more of the contestants.” | The witness was not present at the fight | before the court, although he was in this | City at the time and was not sick. He had made up his mind not to go, and he ‘ did not go. In most of the contests be- fore his club he had a provision inserted | in the articles to the effect that the de- | cision of the referee should be satisfactory | to the board of directors in the case of | amateurs. | Judge Sanderson asked whether fighters in glove contests did not blacken one another’s eyes, break ribs, smash noses and knock one another sensel Mr. Fuida replied that suck often happened ) “And you call that a glove contest?” d Judge Sanderson sarcastically. he crowd tittered at this outcome of the attempt to show that glove contests were harmless sports. Walter Watson, boxing instructor at the lympic Club, testified that he was dic- tating the points of the fight to a short- hand reporter for Tx ». He saw the | finishing blows given and awore that Mr. Fitzsimmons did not strike Sharkey a foul | blow | 1 | | accidents | | vatt Earp was called and walked up to the stand out of the jury-box with a tent- | pole protruding just below the back but- tons of his coat. He said that hs was/| chcsen as releree by Messrs. Gibos and | Groom at 1 o’clock on the afternoon of the fi-ht. No one had spoken to him about the matter previous to that hour. He was but very slightly acquainted with Lynch, and had not spoken to Lynch more than five words at any one time. “That man over there,”” continued Earp, “Julian, I believe they call him, protested against the bandazes on SBharkey’s hands. I'knew my business, and 1 knew that I had a right to allow Sharkey to wear the bandages. Then, when Julian protested again, I went over to Sharkey and told him to take off them bandages.’’ *“Did you tell Sharkey to take off the bandages—that it was all right, anyhow ?’* was asked. “No, sir,”’ replied Earp, “I don’t deal with them kind of people in that way; I deal with them in a different kind of way. 1said, ‘You take them bandages off.’ I done it in a way that Sharkey understood what [ said. I don’t plead withk them kind of people.”. The witness then described the finishing blows. He saw Fitzsimmons strike Shar- key in tne groin ana Sharkey double up and groan h pain. Then he decided that Skarkey had wen on a foul. He met Fitzsimmons four or five years ago on Geary streel in this City, in'a sa- loon, and understood that Fitzsimmons ‘was running the saloon. ““You are not an excitable man; you are al cool, calm man?’ inquired Mr, Kow- alsky. “I think so,” modestly replied the wit- ness. Then Mr. Kowalsky preceeded to inquire as to Barp's bnsiness. He replied that he had been a resident of California for thirty- two years off and on, and came to this State in 1864 from Elliott, Iowa. He had lived in Idaho, Missouri, Coiorado, San Diego and Los Angeies unti! five years ago, when he cume to this City. “Did you ever live in Arizona?” was asked. 4 The witness replied that he lived in Tombstone, Ariz., for a while, where he was a Deputv United States Marshal, a Deputy Shenff and *Wells-Fargo’s private man.” He also owned an interest in a store and saloon there. His present busi- ness was horseracing, but the horses were not his property. They belonged to a woman in ope of the interior counties, witn whom he shared half his winnings after paying all expenses. Earp told that he had refereed a prize-fight in 8an Diego and firteen or twenty bare-knuckle ftights across the Mexican border 1n Lower Cali- fornia. “They were all prize-fights to me,” he added. ““Was this ccntest the other night a prize-fight to you?’ was asked. “They call it a glove contest.”” The court—What do you call it? “I call them all prize-fights, but re- stricted by law. ‘They are all amenable to law, although they are called glove con- tests,” was the reply. *!Are youa man of family?” asked Mr, Kowalsky. I have a wife,” replied Karp. ‘‘Are you connected as a newspaper writer with any of the newspapers?" *No, sir.” “‘Have you been writing articles for newspapers?"’ “Iubject,” exclaimed Mr. Barnes, But Earp had al answer in, and that was, “‘Have you stated all your business ?" “That’s all the business [ have,” was the reply. Earp then proceeded to deny that he had had any interest in the fight or had been engaged in any plot to render an unjust decision. Herelated the manner in which he had been selected as referee. Gibbs and Groom came to him and asked him to referee, and, on his hesitating, Groom said that it would be quite an honor to act as referee on that occasion. Earp remarked that probably *it would be a little bit of tone to act as referee where the two best men in the world were about to come together,” and he acceptéd. The matier had never been mentioned to him before, except on the day when he was returning from a visit to Fitzsimmons’ headquarters in Sausalito. That was on the boat, and Billy Jordan, in the presence of a crowd of people, saii that Earp would make a good referee for the ficht, he (Jordan) having seen Earpreferee eight or ten good fights. Earp showed the first sign of irritation during his examination when he was asked as to the conversation which Julian testified he had had with him. *] will say now,” said Earp, pointing a rigid hand toward Julian, who was sit- ting by Mr. Kowalsky’s side, “thatall that Julian testified to the other day wasa pack of falsehoods.” The lawyer rose to his feet and asked that the statement be stricken out. Then Kowalsky said to the witness: “You have a gun in your hind pocket which you didn’t lay on the taole or hand over to the clerk.” Earp smiled, while the spectators whis- pered until the noise grew into a buzz. He replied quietly: *If there is a gun on me you can have the Deputy Sheriff search me.”” “When you went up to the stand,” pro- ceeded Mr. Kowalsky, ‘‘you had some- thing in your hind pocket that looked like a howitzer.”” Earp smiled and made no further re- mark. His version of the conversation he had with Julian was as follows: ‘‘Julian said, ‘I have heard some very bad things reported about you. I have heard that this thing is all fixed, and that the people on the other side have got you.” I told him that there was nothing in 11, as far as I knew; that I would give him a fair, square show, the same as I would to Mr. Sharkey. Julian said, ‘I am satisfied there is notbing in tnis report,’ and he walked off. That was all.” After the protest against his acting as referee had been made, Earp addressed the spectators and said that ne had lived five years in this community snd he thought that no one would question his horesty. He had come to referee the ficht and to give a fair square decision. He did not remember Ned Foster telling him to let them go to the deice and ref- eres the fizht themselves. -Mr. Kowalsky flared up very soon after this testimony was given, when in answer to a question Earp said thatif there was 81 any kindness in the world on his partit was toward Fitzsimmons. The lawyer jumped to his feet and in a voice betraying some degree of agitation asked: “Was it kindness when you put your hands against Sharkey’s breast and pushea him away and then put your fingers in Fitzsimmons' eve ?”’ “No, sir,"”’ responded Earp promptly, “1 never did; and I don’t think Fitzsim- mons will say sc.” “Don’t you know that you put your finger into the corner of his eye and cut it?”’ was asked “Never. I never put my hand on his face at any tinle. I always put it on his breast.” The witness after denying that he saw Sharkey catch Fitzsimmons by the leg and try to throw him, added: *'If Sharkey had caught Fitzsimmons by the legs and wan'ed to throw him he could have thrown him clear off the stage.” ‘At the time that Sharkey caught Fitz- simmons around the legs, did you hear the audience cry ‘shame’ ana ‘foul’ and ‘make them fight fair?’ "’ was asked. *No, sir; I never saw Sharkey catch bim around the legs.”’ “Didn’t you hear Mr. Groom cryine: ‘Mr. Referee, make Sharkey fight fair. He NEW TO-DAY. "AFPE NTA THE BEST NATURAL APERIENT WATER, Bottted at the (JJ HUJNYADI Springs, Buda Pest, Hungary. Considering the nature of the Hungarian Bitter Water Springs, it must obviously be desirable for the medical profession and the public to be assured authori- tatively that the working of these Springs is carried on in a scientific manner, and not merely on commercial lines, and with this view the Uj Hunyadi Springs, from which “Apenta” Water is absolute control of the Royal drawn, are’placed under the Hungarian Chemical Institute (Ministry of Agriculture), Buda Pest. Prices: 15 Cents and 25 Cents per bottle. OF ALL DRUGGISTS AND MINERAL WATER DEALERS. Sole Exporters : THE APOLLINARIS COMPANY, LIMITED. SEE that the Label bears the well-known RED DIAMOND Martk of THE APOLLINARIS COMPANY, LIMITED. | EMPLOYED at the City and County Hospital, Califom; Women’s Hospital, German Hospital, St. Luke’s Hospital, etc., and at the LEADING HOSPITALS OF ENGLAND, is fighting foul fifteen or twenty times?’ ” ! **No, sir. Mr. Groom came to me tween rounds and said, ‘Make them fight fair; Sharkey is fouling.’ I said Fitzsim- mons was doing the fouling, and cautioned him. Then I wentover to Sharkey and cautionea bim, also.” “Didn’t Groom rush overto you and say, ‘No, no, not that man; go over to Sharkey ?' The witness had not observed anything of that kind. Neeibam called. bis atten- tion to his claiming the foul. Earp gave his decision, put on his hat and coat and walked out with the certificate in his pocket. Sharkey was in no condition to receive it then. The witness was asked as to whether he had uot called at the Baldwin Hotel and asked to see Firzsimmons, and whether Clerk Clough had not informed him that Fitzsimmons was in the cafe, and that if Earp wished to see him he could send in his card. Earp replied, with some feeling, that nothing of the kind ever happened, that he had never asked for Fitzimmons, and that Clerk Clough would not testify to anything of the kind, and that the statement was a falsehood. Mr. Kowalsky objected to the defiant manner of the witness, and said: “There may be & zood many people afraid of this man, but I don’t believe that his threats will put anybody down.” Mr. Barnes took a hand, and denied that the witness had made any threats or that his manner was tkreatening. Then came the expose of the Examiner’s fake journalism. “Have you made any statement to dif- ferent newspapers about thisaffair ?”” asked Mr. Kowalsky. “No, sir, not one,”” was the emphatic reply. “The Examiner sent a reporter out a few nights ago and I told him that I had nothing to say. You let them go on and do their talking and 1 will do mine afterward. Lots of them tried to get in- terviews with me, but that was the only time I was interviewed.”’ Danny Needham gave his version of the fight, which tallied with that of Sharkey. Mr, Barnes announced that on to-mor- row morning at 10 o’clock he would move to dismiss the complaint and dissolve the injunciion on the ground tbat the courts had no jurisdiction over the matter. “The case belongs to that class of sub- jects,”’ he said, “which upon ‘its face 13 contra bonos mores, the same as betting on dog-fighting or cock-fighting. It should be thrown out of court inconti- nently.” Judge Sanderson said that he did not grant the injunction without first reading the compiamnt, and it disclosed nothing upon its face except the affirmative alle- gation that the exhibition was held in conformity to law, and he could not take into consideration any prize-fight or any- thing calculated to disturb the peace. “It may be a difficult thing to dissolve that injunction on the face of the com- plaint itself,” added the Court. *If you base iv upon the showing as to what kind of a contest it was you will have a better chance.” The counsel agreed that the official sten- ographer of the court, Mr. Foley, should be apvointed as a referee to take the re- | mainder of the depositions. Judge San- derson will hear the arguments to-morrow morning as to whether or not it was a prize-fight. Ly LONG GREEN’S REVENGE. Contemptible Attempt of the Ex- aminer Man to Browbeat a Los Angeles Baseball Club. LOS ANGELES, Car., Dec. 15.—*“Long Green'’ Lawrence of the Examiner has found in the Tufts-Lyons baseball team and their friends and counselors of this city an aggregation of gentiemen who can neither be cajol=d, intimidated, coerced, bulldozed nor bluffed into doing his bid- | ding. These gentiemen are fully satisfied there are such characteristics as principie, honor and truth among men, and having asserted these things they have the cour- age 10 maintain them. Long Green, it seems, has been greatly piqued at the way he was flayed on the evening of the banquet here soon after the return of the local team, given in their honor for their handsome victory over | Long Green, the Alerts of Alameda and the Monograms of Portland. This jour- nalistic adventurer hus never lost an op- portunity since the accountof the banquet was published in THE CALL to insinuate that unless a retraction were forthcoming from the team *‘they would get the worst of it.”’ These threatening, iasulting remarks are now understood in baseball circles | bere. It has been known f.r some time | that negotiations were under way between | the Alerts and Tufts-Lyons to play a series of games in San Frencisco during the boliday season. Yesterday a message was received from Long Green, signed by McNeil of the park where the games were to be piayed, saying that unless an apology was made all arrangements for the games must be considered off. | This contemptible effort of Long Green to browbeat an organization of gentlemen of honor and decency rnto stultifying them- selves for the doubtful honor of crossing bats with the pets of the Examiner—the Alerts—has failed ignominiously, and the promised games will never be played, it seems. TRIED PISTOL AND RAZOR. | Martin Anderson, a Carpenter, Wanted to Die, but He May Survive, After All 5 Martin Anderson, a carpenter, 32 years of age, fired four bullets into his scalp vesterday morning and then cut his | throat with a razor, severing the wind- ! pipe, and yet he lives to tell the tale, Anderson and a friend on Sunday last engaged a room at 212 Minna st eet. Yes- terday morning his roommate met Ander- son leaving the house about half-past 7 for breakfast. Soon after Mrs. Gilligan, the lanalady, bheard four shots and then Anderson yelled to her from the top of the stairs to go for a doctor as he had tried to kili himself. Mrs. Gilligan ran to a neighbor and he summoned the patrol wagon and Ander- son was taken to the Receiving Hospital. Dr. Bunnéll stitched and dre-sed the long, gaping wound in his throat ana then cxiracted four bullets out oi his scalp. They were flattened just as if they had hita target. One of the bulleis had tractured the skull. Notwithstanding the serious nature of the wounds Dr. Bunnell thought there was a good chance of Anderson’s recovery. Anderson said he wanted to die. He had been sick for about a month with lung troubles, #nd as he had been unable to work he suddenly took it into his head to end bis life. He had a revolver in his trunk and he took it out, held it above his head and fired the four bullets into his scalp. Thinking that none of the builets had found a faral spot, he grabbed hold of his razor and drew it across his throat. The sight of his own blood was too much for him and a lonfiing for life came over him, so he staggered to the top of the stairs and shouted to the landlaay to bring a dostor. Anderson’s roommate said that ‘he did not need to commit suicide for want of money, as he had enough to keep him for some time in his trank. He never heard of him complaining about being sick and he thought he must have been temporarily insane, The only peculiarity noticed about him yesterday morning was that he was somewhat nervous. Anderson’s brother Christian has a ranch near Fresno, and to him the would- be suicide wrote a letter explaining why he wanted todie. It was written in the Norwegian language, and while on the operating-table Anderson tore it into pleces. —— e It is not generally known that rats can- not resist sunflower sceds. A trap baited with these seeds is the most efficacious method of catching rats. T0 FIGHT THE LAUREL HILL COT Richmondites Against the Sutter Street Exten- sion. Will Make a Protest to the Board of Supervisors Next Week. Stirring Speeches and Resolutions at a Meeting of Property- Owners. Those who think that there is no oppo- sition to the propesition to cut through the Laurel Hill Cemetery for the purpose of extending Sutter street should have at- tended the Richmond District prop:rty- owners’ meeting last evening. Crossthwaite’s Hall, on Fifth avenue, was filled to the doors and nearly every one was most bitter against the alleged improvement. Action to thwart the scheme was taken before adjournment. The speech of the evening was made by James Bowlan, who in no unmistakabie language denounced the proposition asa job of the rankest order on the part of the Richmond District Association and the COypress Lawn Uemetery Association. C. H. Hobb:, a member of the former and attorney for the 'atter, Mr. Bowlan said, is ove of the prime movers in the affair. It is his purpose to serve the interests of the 8an Mateo County cemetery people and cause distrust in the minds of the people. By this distrust he meant that people will not be likely to invest ia Laurel Hill property while there is a prospect of having that burying-ground cut to pieces and the graves of their dead converted into sites for corner groceries, saloons or dwelling-houses. This distrust in that cemetery will cause reople to invest in the San Mateo County propertijes instead. ln otier words, he said, it is a proposition to rob the dead in the interests of the living. Mr. Fletcher { then introduced the following resolution, which he proposed should be presented’to the Board of Supervisors. It was passed without opposition : WHEREAS, The Richmond Distriet Improve- ment Association, a so-called improvement club claiming to represent the property-own- ers of the Kichmond District, did take upon themselves to petition the Bonrd of Supervis- ors of this City and County of San Francisco to have Sutter street cut through the Laurel Hill Cemetery, thereby causing an extra heayy 1ax levy to be placed upon theshoulders of the property-owners, many of whom are | struggling hard to pay off the mortgages upon their homes, thus working an injustice and unnecessary hardship at the preseni time; and whereas, the properiy-owners of the Rich- mond District were never consulted in the matter; and whereas, the sald petition originated by sawd club is a scheme concocted to benefit a cemetery in San Mateo County, therefore be it Resolved, That 1t is the sense of the prop- erty-owners here assembied that we heartiiy protest against any such exteasion of Sutter street. It was at once decided that the property- owners should send a strong committee to the Board of Supervisors to present the protest at the next meeting, and that sev- eral hundyed property-ownersof the Rich- mond District should be present to show how much in earnest they really are. The committee seiected consists of George R. Fletcher (chairman), L. G. McMullen, C. R. Hawtborne, P. Filipini, James Barrett, | Edward Ginley, T. A. Douglas, E. E. Jones, Thomas Farrel and James Dever. Tune following resolution communica- tion, to be forwarded to President I. Schwartz, was adopted with a cheer: To the Association of Improvement Clubs— Gentlemen: WHEREAS, the Richmond District Improve- ment Association, a self-constituted champion, protector, guardian and eustodian of the tax- payers’ iuterests ot the citizens of the Rich- mond District, had the immaculate, gaudy, unparaileled and daring nerve to petition the Board of Supervisors to have Sutier street cut through the Laurel Hill Cemetery without consulting the property-owners interested therein; and whereas, the said job or intended extension would bs detrimental to the prop- erty-owners concerned—especially by who are struggling to pay off mortgag trying to have a home to call their own—| the fact that y the sauthorities would have to levy extra heavy tax assessment of at least $1,000,000 to accomplish the required extension asked for by the said petition unauthorized by us; and whereas, the president of the above and aforesaid im- provement club did unnecessarily, uncom- promisingly and most persistently oppose the extension of Post street some few years ago, which would cost us cne-twentieth of the amount required for the extension of Sutter street, we would like to know why this change of heart; therefore be it Resolved, That the property- owners con- cerned, aud directly concerned, in the exten- sion of Sutter street through the Laurel Hiil Cemetery do most emphatically oppose any uch exténsion; and furtber be it Resolved, That we earnestly ask the a ance and hearty co-operation of the San Fran- cisco Association of Improvement Glubs to protect us from injustice, and appeal to them for our just rights and demands. C. R. Hawthorne gave some_interesting fieures upon the project. He sald it wouid cost over $1,000,000 to do the work contemplated and Richmond District prop- erty-owners would have to pay an assess- ment of $2000 on every fifty-vara lot. The cut would not benefit any of the property- owners and many would iose their homes by not being able to stand such a tax, Another weeting will be held next Fri- day evening at the same place. ADMITTED BY LOVELACE, Thinks He Did Say That Diph- theria Was Epidemic in This City. An “Eximiner” Interview That Was “Strengthened” to Bear Out a Rank Fake. The Examiner, in a feeble eftort to be. little THE CALL in its endeavor to give the public the news regarding the prevalence of diphtneria in this City, and to divert attention from the crooked transactions of Long Green Andy Lawrence, the man- aging editor, has resorted to absolute falsehood. When Tae Oavy stated that Health Offi- cer Lovelace had declared diphtheria to be epidemic it told the truth, The health officer’s statement was that of individual opinion, he having no right to make an official deelaration. On the day following the publication of the article, Secretary Godchaux of the board, without having consulted his su- perior, told an Examiner reporter that the Board of Health had not declared diph- theria epidemic. On this frail basis the Examiner pub- lished sensational storjes in which THE CarL was accused of faking. Its supreme effort was published yesterday morning, when the following alleged interview with Dr. Lovelacs was published : Iwas never interviewed Dby & representative - ™ of THE CALL upon the diphtheria question. never said to a representative of THE CALL that diphtheria was epidemic. Thearticle in THE CALL in which I am quoted ns saying that diphtheria is epidemic is simply & Tabe, There is 'no truth whatever in it. There is & repre- sentative of THE CALL at the City Hall who visits the Health Office upon his rounds. have not spoken to him for six months. Ido not know whether he wrote the article or not. That is immaterinl, however, for the whole thing is false. The Board of Health has never declared diphtheria o be epidemic in this City, and I never told any one from THE CALL that it was. Diphtheria is not epidemic in San Francisco. From an interview which Dr. Lovelace dictated to a CArp reporter last ev-ning it is evident that the Examiner's inter- view was “‘strengthened,’’ to say the least. This is what Dr. Lovelace said to the CALL reporter: “I never said the disease had been de- clared epidemie, though I may have said, and I think I did, that in my opinion there were enough cases known in_that district to justify declaring the disease epidemic. "I never said it was beyond the power of the boatd to declare the dis- ease epidemic, for I believe they havea perfect right to so declare.”” THE CALL d1d not quote Dr. Lovelace as saying that the disease had been declared epidemic. It was his individual opinion, and he admits that he was of that opinion. THE CALL did not say that he had stated that it was beyond the power of the board to declare the disease epidemic. Moreover, Dr. Lovelace declared yester- day morning in the presence of witnesses that the interview published in the Report on last Thursday evening was practically correct. In that case he was quoted as saying that diphtheria was — undoubtedly epidemic. As to the interview which the Examiner “strengthened,”” Dr. Lovelace was asked if he bad been interviewed by a CALL reporter on the subject of diphtheria. He replied that he bad not. “‘They did not ask me as to the truth of the diphtheria story,” continued the Health Officer, *‘and "I did not volunteer any information. The story as published in the Report was practicaily correct, but I did not give the story to any one from THE CALL.” MELODY D LITGATIN Miss E'len Beach Yaw’s Box Receipts Were Gar- nisheed. Her Attorney Makes a Statement Showing That the Whole Mat- ter Is a Mistake. ‘While Miss Ellen Beach Yaw was send- ing her voice skyward Monday night and trilling like a mocking-bird in a rice swamp, this all happening at the Baldwin Theater, an unfeeling garnishment was filed against the box receipts. The amount sought by the parties back of the process, who are really the people connected with the Musical Courier, was $1050 and this was based on a claim for advertising Miss Yaw in the East last year. Miss Yaw was happily unconscious of the presence of & minion of the law in the house. Maximilian Dick drew music tranquilly from violin strings and Miss Georgieila Lay, pianiste, attacked the piano keys vijorously and with success while the legal tormalities were proceed- ing at the box-office. But yesterday Mr. Andrew, attorney for Miss Yaw and C. F. Humphrey, counsel for F. F. Cooper, to whom the claim had been assigned, conferred, so that the heart of Mr. Andrew was joyous last night, for he anticipated that the money will be re- leased to-day. He also anticipated that the case will come up for trial in Los An- geles, which is Miss Yaw’s home. Last evening Mr. Andrew made a state- ment of the facts, which seemed to show that Miss Yaw was only innocently in- volved in the matter. *It is this way,” said Mr. Andrew: “Victor Thrane was Miss Yaw’s manager last year. Miss Yaw came over from Londou under engazement and she had the distinct understanding with Mr. Thrane ti:at she had no financia! liability. Sne had no money invested, had no finan. cial interests in the receipts and was only talaried. Mr. Thrane caused adyertise- ments to be given to the Musical Courier. I donot know anything about the fact, but suppose that advertisements were placed in that paper to the amount named, but Miss Yaw had nothing at all to do with authorizing them. “I want to have it clearly understood that if it shall be determined that if Miss Yaw owes anything she is not only willing but anxious to pay the debt. But she does not owe anyvthing. The persons mentioned in the writ are Victor Thrane, who is in New York, and H. W. Wachs, in addition to Miss Yaw. I do not know who Mr. Wachs is, Thatisall thereis to the matter, except that I would like to say that Mr. Humphrey, the attorney, has been very nice in the matter.” AR TO THEKNE" [0k 1Y THE Bov” THE BOAR qorH 'Snpervisors Will Bitterly Contest the Last Elec- tion. el Declare That the Law Was Violated by Precinct Registration. Attorney George H. Francoeur at Work on a Complaint—Suit to Be Filed Scon. “War to the knife.” This is the cry of the preent or “old” Board of Supervisors against the “new” board, or those successiul at the last elec- tion. The battle will take the form of a suit to invalidate the whole of the last eiection. Some time ago TmE Carrn announced that the present Board of Supervisors ntended to contest the election o_f the new board. The grounds on Which it was intended to make this contest were that the board is not exclusively a body to govern the City, but the County as well, and that under the County Government act the members were eatitied fo_hold- over privileges along with the Sberiff and other county officers. But now the board has taken a new tack. Consideration brought them to the view that the position they had taken in the matter was hardly tenable. They have itatlast, One of the members dropped onto what seemed a feasible cause of action, communicated it to the rest and immediately great excitement reigned. 1If the grounds on which the board in- tends to bring suit are tenable the result will be nothing more or less than an in- validation of the whole of the last elec- tion, 1t is simply the hypothesis that precinct registration is against the law, and that by permitting it Registrar Hin- ton in effect caused the whole election to ba illegal. This mizht cause every one of the City and County officers to hold over for their respective terms. Ahout three weeks ago Attorney Georre H. Francoeur was retained by the Super- visors to investigate the matter, and ifin his opinion he had a good case to bring suit. Francoeur has been at work on a complaint for three weeks and in all prob- ability will have it completed to-day. When seen yesterday he said: “Yes, the Board of Supervisors is going to contest on the ground that precinct registration was illegal, thus invalidating tke whole election. “This is a very important matter, mean- ing if we are successful that none of the persons winning at the last election can take office, and we are accordingly work- ing slowly and carefully. “I expect to have my complaint finished to-morrow. We shall probably file suit in a few days. ART SALE TO-DAY. Last Chance to Secure Some of the Gems of the Sketch Club. To-day will be the last day of the exhi- bition of the Sketch Club, which has been such a feature of interest among cultured men and women during the past few days. Many people have visited the rooms cf the club, 508 Montgomery street, out of curiosity and have been surprised to find on sale so many **bits’’ and bright canvases ticketed at figures which would bave been double in some foreign zallery. The re- sult has been that numerous canvases have been sold, but enough remain to re- ward an afternoon’s inspection and many of those still available are such as would adorn the home walls of any lover of na- ture. From $1 to $10 is an _average figure and critics are delighted with the bargains of- fered. —_— Alumni Association Bangquet, The Alumni Association of the Dental De- partment University of California held its annual meeting and banquet at the California Hotel last nignt. The following officers for the ensuing year were elected: Presid ent, Dr. H. G. Richards; vice-president, Dr. G. N. Van Orden; recording secretary, Dr. H. D. Nob: corresponding secretary, Dr. C. Deichmille treasurer, Dr. P. C. Erhardt: executive com- mittee—Dr. S. R. Jacobs (chairman), Dr. H. Seager, Dr. C, A. Litton, Dr. H. Gidge, Dr. G. F. Granam. London’s population increases by 70,000 each year. NEW TO-DATY. ruary 1. R Men’s Fine Dress Suits. They're of French Coliars. than 50c. Worsted. Pertect in 3 style. fiv and general :::’3, n{h. rightness. <Cw O~ mMZr~- HIO—m All- Wool wear. $8.75 Elsewhere $15 00. Toc.... GOOD TIME TO BUY. SUMMERFIELD & G0.5 REMOVAL PLAYSHAVOC WITH PRIGES We will not disguise the fact that a loss is bound to fall upon us immense stock within the limited time, Feb- Prices Louder Than Words It means a saving to the purchaser of about 50 cents on every dollar’s worth. MEN'S FURNISHING 600DS Men’s 4-Ply Linen £C lways 15¢. Men’s unlzundered Shirts, linen bos- oms. never less Men's Heavy Wool Hose, nowhere less Meu’s natural color Never saw ’em for less tha: 44(3 in forcing out this R 93 Cents. m‘:‘nnt 's all you'll pay Boys® Saits Which never sold less than $2.90, s, $198 29° =iy <Ccw O- m=E—- U000 Un .er- Moves any of our Bovs' All-Wool Suits. Not matched n the city for less thun $3.00. STORE OPEN TILL 10 P. M. H. SUMMERFIELD & 0., Clothiers, Hatters and Gents’ Furnishers, 924-930 MARKET STREET. RIGHT TIME TO BUY. A Misapplied Sobriquet\ Which Caused Some Trouble. WOMAN TO THE RESCUE. A “Sagebrusher” Who Stood With Much Patience Some Very Cruel Sport. In one of the large shoe factories of this city a tale of patience, love and woman’s ability to do the rignt thing at the right time has, through the City Hall marriage records, recently found lieht. Here it is: A young fellow irom Nevada, who was a shoe-cutter by trade and an expert at the business, came down to this State in the hope of being able to secure better em- ployment, and incidentally putiing a few extra shekels into his pockets. When he had looked around he found that things were not particularly lively in the shoe trade, and *‘slim’’ is what his chances for getting a good job seemea to be. Many a better man than West—for that is the “‘Sagebrusher’s’” name—has got discour- aged under less adverse circumstances than he had to contend with, and that he gave way to the “‘cup which cheers’’—and, incidentally, kills—is not too surprising. He had quite a little “'stake,”” but drink and things worse soon commenced to de- plete the hoard. He awoke to the fact, that he was getting ruined, and that only added mental worry to a system w! bad already been undermined bv disea: but “that’s another story.” He had got, down to his last “clatter out of the box,"” as he facetiously terms it, when he go. a job as a helper in a sawmill. It was work that he was entirely unaccustomed to, and his tired, weak and altogether un- strung nerves were unable to stand the pressure. If he was spoken to he would jump like a man shot; ifa plank fell near nim he would shiver in fright; going up the stairway to the upper floor he could scarcely hold on, and indeed his nerves got into that condition that his fellow- workmen began to tease him and call himn “Jumping Jack,” and occasionally ‘Jack in the Box” by way of variation. Luck favored him one day, though, for he got a position in the shoe factory above re- ferred to at his ola business, and of course at a good increase in pay. Butsomehow the sobriquet followed him into the shoe factory, aud **Jack in the Box’’ was rallied and jeered about his wreiched state of nerves till further orders. Onenoon, how- ever, a change came ‘'0’er the spirit o’ the dreams” of the brutes who tormented him to the verge of insanity. An Irish girl with beautiful bright auburn hair—some- times wrongly called red—walked up to the man whose bench was n:xt to West's and remarked 1n a voice the meaning and torce of which could not be misunder- stool: “Jerry, if you're anything of a man you stop that ‘Jack in the Box’ talk or I'll stop you. Mind me, an’ if you don’t lick the next man that says it—why, I will. Andyou be: I can.” That settled it. No one yet had dared to offena the good-natured girl who had in this very forcible way expressed her disapproval of cruel chaff. But that wasn’t all she did, not by a good deal. She told him a few days after that she wanted to speak to him, and though it was in a shame-facea way, she said, ‘“You're sick, ain’tye?” “Well, I guess I’m vretty near dead,” was the awkward reply. ‘“Who's doctoring ye?” e pext. “Nobody—quit doctor- ing.”” his in a very decided tone. "fcnd this whea you get time. They fixed my brother, and he had give up bope.”” What she handed him was one of the circulars about the unquestioned merits of the *Great Hudyan,” which the world-famed doctors ot the Hudson Medical Institute, at the corner of S:ocke ton, Market and Ellis streets, send iree to all inquirers. U e e The sequel is soon told. West is a per- fectly weil man. He has been for months, and the auburn haired Irish girl is a good wife who no longer works in a factory. Four months ago he went to the Chief Consulting Pbysician of the Hudson Med- ical Institute and asked him if he was well enough to zet married. He was advised to wait a little lopger. The permission was given only a little while ago, and he a half comical way to the great pecialist, *“Whom do yon think I'm going to marry ?'’ Of course the medical man had no idea. “I'm getting the girl who first sent me here—the girl wko gave me your circulars when they used to call me “Jack in the Box.’”’ Auction Sale. Turkish Bu gs NATIVE SONS’ HALL, On Mason Street, TO-DAY, AND LAST DAY, At 11 A M., 2:30 8048 P. X This is Boghosian Bros.” Collection for absolute sale. 45 Bales of the finest Rugs ever offered to the public. FRASK W. BUTTERFIELD, : Auctioneer for A. M. Speck & Co, 602 Marke: street. THE SUCCESS _°f_ THE SEASON The GRILL Ladis’ "ROOM PALACE HOTEL. Direct Entrance from Market OPEN UNTIL MIDNIGHT. FOR BARBE A BRUSHESE: 55 1 nouses, billiard- tables, brewers, bookbinders, candy.makers, canners, dyers, flourmills, foundries, laundries, paper hangers, printers, painters, shoe factories, stable- men, tar-roofers, tanners, tailors, ete. CHANAN BROS,, Brush Manufacturers. 609 Sucramentoss »