The San Francisco Call. Newspaper, December 31, 1896, Page 14

14 FRANCISCO CALL, THURSDAY, JUDGE SLACK CUTS BIG LEGAL FEES Administrators Also Have Their ‘Dsmands Slashed. Claimants Are Awarded $22,500 Each Instead of $43,375 Each. McEnerney, Mitchell, Pierson, Good- f:llow and Angus Feel the Court’s Pruning Kaife. In the estate of James G. Fair, deceased, Judge Slack yesterday handed down an opinion in the matter of the application by the special administrators for compen- sation for themselves and for their attor- neys. They are allowed $2500 each for addi- tional compensation, instead of $23,375 each for such compensation. It will be remembered that about two weeks ago the special edministrators and their attorneys requestea Judge Slack, be- fore whom the Fair estate litigation is heard, to fix the a sation. are fully presented in the court’s opinion, of which the following is the full text: The matter of fixing the compensation of | the special administrators and of determining the allowance to be made to them for the fees of their sttorneys was reserved for future con- sideration when the final accounts of the spe- | cial sdministrators were in other respects set- tled. The special administration, through no faultof the administrators, has lasted from Jan- y 2, 1895, to' November 16, 1896, 8 period nty-two and a half months. Louis C. Bresse, one of the four persons appointed ad- mintstrators, died on April 22, 1896, since which time the three surviving administra- tors have maneged the estate. The estimated value of the resl proverty, bonds, stocks and other assets, exclusive of the cash on hand, amounting to $48 6 0,000. The sum of $4. sh has passed through the hands of the administrators, thus | making as the total value of the estate admin- istered upon the sum of $17,133,455 39. tne statutory commissions of executors and administrators are to be taken as the standard for ascertaining the allowance to be made to | the special administrators, as is held (in estate of Moore, 88 Cal., 1) they may be taken ina proper case, the total compensation of the ad- ministrators would b2 $173.500, or, including Mr. Bresse, $: apiece. It has been sug- gested that this sum would not be an unrea- sonable aliowance under the circumstanc and that each of the three attorney Pierson, Mr. Mitchell and Mr. should receive the sum of he sum received by each of the administrators—cr a total of $130,125. ing to this method of computation , or about $ 0 per month, would be the compensation of the administrators and the aitorneys. Each of the three surviving administrators has already received $20,000, Mr. Bres: §15,000, Messrs. Pierson & Mitcheil $20,000 and Mr. McEnerney $10,000, or a total of $105,000— very large sum in itselfl. The additional ameunts asked for are startling in their proportions, and so at variance with my | ideas as to what ought to be allowed that 1 | have thought it advisable to express my views in writing, in order that incorrect impressions about my conception of the worth of the services rendered may be avoided on the one side, and in order that the awards to be made may be justified on the other. No more vexed duty is imposed upon the court than that of fixing the compensation of attorneys in estates in probate, and the same is to be said in determining the compensation of special administrators, there being in neither instance any definite measure of values. 1tisnot an essy thing tobe just to the ciaimants as well es to the estate, and the court is frequently not fortunate enough to satisfy both cinimants and distributors. Even when all parties concerned agree, the court is compelied to be cautious in the approval of the agreement lest its action be attempted to be construed into a mischievous precedert for other cases not similarly eircumstanced, and | lest a misunderstanding of the conditions under which the allowance was made should subject the court to the criticism of being ex- travagant. the observation of an eminent jurist in Freese ve. Pennie (110 Cal., 467, 471) should be re- membered: “Courts have no right to be liberal with the money of other people, and should be careful that fees allowed for trustesiates are no larger | than would be paid for like services by those who are competent to contract fcr them- selves.” I have given the matter in hand much care- ful consideration, with a feeling of anxious- ness to do justice to both the claimants and the estate, and have reached my conclusions after mature deliberation. The services of the administrators have been varied and exacting. They have conducted a vast business, including ranching, hotel-keep- ing, selling, renting and improving ecity real estate, purchasing and disposing of personal property, managing corporations and collect- ing rents, interest and aividends, all as nearly according to the policy of the deceased in his lifetime as could be. Their transactions have ranged from purchases and sales for a few cents up to sales and payments of debts for millions of dollars. Every cent received and expended by them has been accounted for with scrupulous exactness. The estate is practically out of debt, and has largely in- creased in value since the death of the de- ceased. Messrs. Angus and Bresse were trusted em- ployes of the deceased and thorough!y familiar with his affairs in all of their details. Mr. Goodfellow was the attorney of the deceased and was conversant with his larger business transactions requiring legal advice. They, with Mr. Crothers, a nephew, were nominated by the deceased in his will as his executors. Messrs. Angus and Crothers have devoted their entire time to the estate, as also did Mr. Bresse up to the date of his death. Mr. Goodfellow’s time has in part been de- NEW TO-DAY. EVERY DOT PIMPLES Blotches, blackheads, baby blemishes, and falling hair. Tho only preventive is CUTICURA SOAP ‘because the only preventive of inflammae tion and clogging of the Pores. Fale grester than the combined sales of all other skin and socpe. B0 theveghout the werd Porren XD Criw. CORP., Sole Props., - w 1o Prevent Facial Blcmisbes,” free. nount of their compen- | The facts involved in the matter | It | In the absence of an agreement, voted to his practice and in part to the busi- ness of the estate, but he has attended to all matters of importance, and. his information and advice have undoubtedly been of im- portance. While I fully appreciate the excellent ser- vices rendered I do not think that they are fairly worth more than $1000 per month for each of the surviving administrators. This I consider to be a proper allowance under the circumstances; but all that should be allowed, notwithstanding the stipulatien of June 6, 11895, by which the three children of the de- ceased consented that each of the administra- tors should receive at that time $25,000. The three surviving administrators are con- sequently entitled to a further allowance of $2500 in addition to the amounts heretofore allowed them, making altogether for each $22,500. According to the same rate the estate of Mr. | Bresse would be entitled to receive about $1000. In view of the fact, however, that Mr. Bresse without doubt worked and worried himself to his death over the affairs of the estate, and that the survivorsand the estate have had the benefit of his extensive informa- tion, I have thought it to be but right torecog- nize his devotion to duty by allowing his widow and children the same amount a$ though he had lived to the end of the special | administration. His estate is therefore en- | titled to receive the further sum of $7500. The allowances heretofore made to the ad- | ministrators have exceeded the allowances {mndem them for iheir attorneys. I think that, under the circumstances, each of the | three attorneys, Messrs. Pierson, Mitehell & | McEnerney, should secure an amount equal | to that granted to each of the administrators, | but no more. As attorneys for the adminis- | trators these three gentlemen have been called | on almost deily to give advice, make applica- tions to the court, prepare documents, or take some step in the prosecution or defense of the litigation. The court orders alone which | bave been granted, each requiring a formal | application and a hearing, number 385. Sixty suits, counting two proceedings in insolvency, | brought by or against the deceased in his life- | time, but not by or against the administrators after nis death, involving amounts from a few dollars up to millions, have requirea atten- tion; of these thirty-three have been finally determined, two against the deceased heve been abandoned Dy the plaintiffs and three | sgainst him have been ended with his death. Numerous depositions have been taken in the suits affected by the so-called Craven | deeds. | The principal portion of the office work, in- | cluding the preparation of papers, has fallen | to the lot of Mr. Mitchell, and the records | under his supervision are unpareiled for sys- tem and neatness. Messrs. Pierson and McEnerney have at- tended for the most part to the court proceed- ings, with the exception of application for or- ders, which have generally been conducted by Mr. Mitche!l. The labors have thus been distributed among the three, and the three should be considered in fixing the compensa- tion, although Messrs. Pierson and Mitchell are jartners. The administrators are therefore allowed as fees for their attorneys the sum of $12,500, in addition to the amounts heretofore ailowed, making $22,500 as the total sum which each | attorney shall receive. The legal services rendered in the matter of the probate of the will, and in the suit of Fair | vs. Angus, involving the validity of the trusts | under the will, are not here taken into ac- | count as services concerning the special ad- | ministration, | As I have already said, I consider theso | allowances amply, but in view of the fact that | the deceased himself paid and agreed to pay | the sum of $16,875 for services rendered by Messts. Gooafellow and McEnerney in obtain- in the two cases yet pending, of the Pacific Gas | Improvement Company vs. Ellert and Pacific | Gas lmprovement Company vs. Fair, I do not | think that allowance can be regarded as ex- | orbitant, or otherwise than just, from the | standpoint of the estate. | The total compensation herein fixed foots up to the sum of § 500, which, added to the compensation for ly allowed, makes a cost to the estate for the services here involved of a little over one-half of the amount requested. | Iam not willing to go beyond this. | Theclerk of the court is hereby directed to | canse to be inserted in the final account of the | special administrators or file the compensa- | tion provided for by this opinicn. CHas. W. SLACK, Judge. December 30, 1896. At the time the application for the addi- tional compensation was made 1t was generaliy considered that the amount re- | quested would be granted by Judge Slack as a matter of course, because no opposi- tion was suggested by the heirs, and the | order filed yesterday, as given above, will | come as a sad New Year’s surprise to the gentlemen interestel. It may also sur- prise the heirs of the Fair estate. S | ?' WHAT ATTORNEYS SAY. | The Court Hzs the Sole Volce In Fixing the Comps=nsation. | Attorney Pierson of the firm of Pierson ]‘ & Mitchell said last evening that the gen- | eral facts were as follows: The adminis- trators asked for $172,000 and had pre- viously received $75,000. Judge Slack | allowed the administrators the following | sums yesterday: J. S. Angus $2500, T. J. | Crothers $2500, W. 8. Goodiellow $2500, es- tate of L. C. Bresse $7500. The amount to | the Bresse estate included $5000 which Bresse would previously have received if | he had lived. The difference between | what the administrators asked for and | what they have been allowed altogether is $82,000. The attorneys for the special adminis- | trators asked for a total sum of $129,000. | Thev had received, previous to yesterday, | $30,000. The amounts allowed yesterday were: Pierson & Mitchell,” $25,000; Garret W. McEnerney, $12,500. These sums, with the amount previously received, make up a total of $67,500, From this it appears that Judge Slack has | struck off $61,500, the difference between $129,000 and what has altogether been al- | lowed. | _“We have no fault to find,”’ said Mr. Pierson. *‘The court has the sole say con- cerning the compensation of special ad- ministrators and the attorneys for the | administrators. Judge Slack has made Lis order and there is no more to be done | or_said.” Mr. Wheeler, of counsel for the heirs, said last evening that while he had not previou-ly heard of the reductions made by Jndge Slack, he could not complain, for there would be so much more money for the heirs. Tklxe reductions amount to $143,000 in total. —_————— COONEY €SIGNS IT. Deposition of the Notary as to Falr’s Acknowledgment of the Craven Deeds Completed. Notary J. J. Cooney yesterday signed his deposition in the suit of Mrs. Craven against the Fair heirs to recover posses- sion of the Missionand the 8ansome street properties. The deposition was taken some time ago and since then has been carefully read by Cocney. He made a few cosreciions in the transcrivt, and yester- day he and the lawyers got together in Knight & Heggerty’s office, discussed the correctioas, which were not material, and Cooney, everything belng satisfactory, signed the deposition. This is the deposition in which Cooney deposes that James G, Fair came person- ally before him and acknowledged the deeds in question. e Grand Larcesy Charged.] John Zimmermen, a baker, was booked at the City Prison last night by Detectives Egan and Silvey on the charge of grand larceny. Between 3 and 5 o’clock of the morning of De- cember 26 Zimmerman went to the rear of John Young's bakery, 615 McAllister street, and gncceeded in entering the bedroom where Mrs. Young was sleeping. He opened a bu- reau-drawer and stole $240. He admitted ais guilt aiter being arrested and gave up part the stolen money. 5 P " — e g o Diamoxps, Watches and Jewelry. One week only. Vacate Jan. 1st. 5 and 7Third street. | ing the dissolution of temporsry injunctions | WEDDED TO AND BY A JUSTICE Romantic Marriagé of a Young Light of the Bench. Why Judge Groezinger’s Face Has Recently Been All Smiles. 3 Kept His S:cret for Six Weeks—The Bride Was Miss Susie A. Lawry. Those who have noticed the look of happy contentment on the face of Pre- siding Justice of the Peace Groezinger for the past six weeks have been divided in opinion as to whether he had recently fallen heir to a fortune or had taken unto himself a wife. The latter were nearer the mark, for the Judge has been a benedict since Novem- City to send the women along as quickly as possible. & In response to this thirty-four were sent on the China and City ot Peru. Oa the latter there were twenty-one arrivals of this class, and it is stated that at least nineteen are eligible to deportation. Whether they will be sent back to China remains to be seen. A singular and sig- nificant feature of this importation is that one old hag who keeps & notorious estab- lishment in the Chinese quarter in this City sets up a claim of relationshin to over a dozen of these women, Who range in age from 18 to 22 years. At present Dr. John Endicott Gardner is acting as Chinese interpreter :or'ths Collector, but he is only permitted, it is stated, to put.such questions as he is di- rected. — . ,——— Patrick Keyes Loses His Suit. In the suit of Patrick Keyes against Millen Griffith, Sampson Tams, George C. Perkins and Nellie Keane, a decision was banded down by Judge Seawell yesterday in favor of the defendants. Keyes sued for $55,200 on account of some misunderstanding in regard to the Keyes silyer mine. The court finds that the plaintiff has only himself to blame for his loss, ir he sustained any, aud it is adjudged that defendant Perkins did not in any manner influence or control the board of directors of the Keyes Mining Company. ——— Death of a Scientist. Information has been received by the Geographical Society of the Pacific of "this | City, announcing the death at San Salvador of Dr. Albert Sanchez, director of the Meteoro- lozical ana Astronomical Observatory of the State of San Salvador, on the 25th ‘of last October. He s represented as one of the most distinguished scienusts of that section of the world. Don Julian Aparicio was appointed to fill the vacaney. — Failure of a Saloon-Keeper. William Eybs, saloon-keeper, has flled a petition in insolvency. His debts amount 10 $1700 10, and he has no available assets. ber 21 and has spent most of his time since that date in keeping the matter quiet., Ot course, the fact that he disappeared regularly each day after the adjournment of court and appeared no more until the next morning gave many a shrewd sus- pition, but no one was able to tell any- thing about it, t 1t now transpires that on the date men- tioned a quiet little party, consisting of Miss Susie A. Lawry, Justice Groezinger, Justice Barry and the immediate friends and relatives of the first two named, as- sembled at the residence of T. J. Harris, and that a brief but solemn ceremony took the youngest member of the bench out of the ranks of the unmarried men. Justice Barry officiated. The bride is petite and exceedingly pretty, and a neat little romance makes a fitting prelude to the climax of Novem- ber 2L One day early in last year, just as the Justice was adjourning court for the day, two ladies came into the courtroom, hav- ing lost their way in the hall in a vain search among the gloomy corridors for Judge Coffey’s courtroom. One was the present Mrs, Groezinger, and the other a lady friend who was in- terested in the Blythe estate. The Justice rallantly showed the ladies to their desti- nation and an acquaintance sprang up between the young people that ended in an engagement. It did not take the young people long to decide on going life's jour- ney together, and the happy marriage ‘was the résult. Miss Lawry is a Placerville girl and popular in " the interior city. Justice Groezinger is looked upon as a coming light of the bench, having received more votes at the late election than any of ms competitors for judicial honors. AND STILL THEY OOME Many Chinese Females Recently Im- ported From China to this City. People familiar with affairs in and about the Custom-hvuse are wondering why there is so much delay in the ap- pomnting of an inspector who understands the Chinese language. There has not been such an officer since the disgraceful scandal of Dick Williams. While this de- lay exists the importers of young Chinese females are hard at work to get as many as possible ashore before their efforts will be balked by a conscientious inspector whe would be the means of turning back these undesirable acquisitions to the local population. ) oimne time ago it was known in this City that there would be a large importation of women to this port, and true to the warning. they have arrived in large num- bers on the last two steamers from China. In fact their departure from that country was hastenad by s cablegram from this Presiding Justice Groezinger and His Pretty Bride, Formerly Miss Susie A. Lawry. HENDY CASE AT AN. END The Most Va'uable ‘Part of the Estate Has Been Dis- tributed. S. J. Hendy, J. H Hendy and Mary F. McGurn G:t the Eu k—Other Beneficiaries. In the estate of Joshua Hendy an order was made by Judge Coffey Tuesday dis- missing the petition of Josephine Green for revocation of letters testamentary directing that a partial distribution of the property be made and making a general clearing up of the controvery, so thatthere appears a chance for ending the litigation over the property involved. In the findings of fact the court an- nounces: That Joshua Hendy died on the 21st day of October, 1891, leaving a last will, which was, on the 16th day of Merch, 1892, duly admitted to probate; hat in and by saia will Samuel J. Hendy, John H. Hendy and Mary Frances Mc- Gurn were appointed as executors and execu- trix of the said will, and that upon the will be- ing admitted to probate, and on the said 16th day of March, 1892, they quatified as such ex- ecutors and executrix, and are still the execu- tors and executrix of said will; that in 1882 Joshua Hendy caused to be incorporated a corporation under the laws of California known as the Joshua Hendy Mschine Works, with an authorizea capital stock of 5000 shares of the par value of $100 each; thatat ana E;lor to the death of Joshua Hendy there had been issued of said authorized capital stock 3326 shares and no more, of Which stock Joshua Hendy at the time of his denth wnas the owner and in possession 0f 3304 shares, and that the balance of sald capital stock, amounting 10 1674 shares, were then and still are unissued; thaton or about the 14th day of July, 1896, Samuel J. Hendy, John H. Hendy and Mary Frances McGurn filed 2 peti- tion 1n the matter of said estate whereir they prayed, among other things, jors: wider of court distributing to them a portion of their respective shares of saia esiate; that by the will of Joshua Hendy is provided, among other things, that Charles'V. Manner shou.d receive one-nftieth of the cupital stock owned by Joshun Hendy at time of his desth in the Joshua Hendy Machine Works, amounting 10 sixty-six and two twenty-fifths shares, and that Mrs. A. J. Rough should receive one- fittieth of the capital stock owned by Joshua Hendy at the time of his death in the Joshua Hendy Machine Works amounting to six!y-six &nd two twenty-fifths, and that Samuel J. Hendy. John H. Hendy and Mary Frances Mc- Gurn snould receive the balance of the stock owned by Joshua Hendy at the time of his death in the Joshua Hendy Muachine Works amounting 1o three thousaud one hundred and = seventy-one and twenty-one twen- ty-Bfths shares, be-ing ~ equal ‘0 forty-eight fiftieths thereof ~share 8nd share alike, that is to say one thousand and fifty-seven and seven twenty-fifths shares to Samuel J. Hendy, one thousand and fifty- seven and seven twenty-fifths shares 1o Jonn H. Hendy and one thousand and fifty-seven and seven twenty-fiiths shares to Mary Frances McGura. After thus disposing of the important voint that Mr. Manner ana Mrs, Rough are entitled to unly one-fifti-th each of the capital stock of the Hendy Macuine Works, the court entered a decree direct ing that the shares thus specified shall be immediately delivered to the respective parties in interest without the require- ment of any bond on their part. 2 The court adds that this distribution is ordered and made without prejudice to the rights of the respective parties to the bal- ance of the capital stock of the Joshua Hendy Machine Works remaining nnd!s- tributed. 7 i s The estate is tically out of debr, is lvrorn; $400,000 s constantly increasing n value. g Ti.e estate was represented in this liti- eation by E. B. Young, W. H. H. Hart and Nowlin & Fassett. It is considered probable that the long al controversy that has been raging lin the near future be brought toan le, wi end, §1 DECEMBER 31, 189 4, ROSS JACKSON'S - DAYS ARE ENDED Life Ebbs Away After a Heroic Operation. His Career of a Man Respected and Loved by All Who Knew Him. Funeral Services Will Take Place at the Press Club Among His 0:d Friends. J. Ross Jackson died at the Waldeck sanitarium at 5:30 P. M. yesterday. He had unaergone an operation two days pre- viously for the removal of a cancer and the ordeal hastened his death. The end, however, was not far off, for the nature of the malady forbade hope, and his physi- cians adopted a heroic measure with the chances all against them. He held up bravely after the operation and indeed im- proved a little Tuesdav. This false change was the result moze of Mr. Jackson’s strong mentality coupled with a sense of contidence in the surgeons’ work, which inspired him to entertain a view of still more years of happiness with family and dear old friends. But the struggle proved too much for his vitslity and he began to fail yesterday. Almost until the last he was conscious, even while the vital forces were ebbing away like the flickering of a taper, and so death came full of peace to this good man. For nearly a year Ross Jackson, as he was familiarly known by hosts of friends in Bokemia and out of it, complained of 1l health, His physician placed him under a regimen of diet and treatment and it is believ.d that the fatal disease then began its ravages. ‘“The doctor savs I must not indulge,” Mr. Jackson said to some friends when the trouble began. “But I'm considering that matter, whether the game is worth the candle. What's the use of living if you can’t en- joy I1 e with your friends?” Always tem- perate in his life, this little remark was taken as an illustration of the man's fine character, his geniality and warmth. About that time he experienced serions trouble with his eves and had an opera- tion jerformed on one of them at bis resi- dence, the St. Nicholas Hotel. He went to Sausalito for r.st, which improved his condidon, but even then the famiiy physi- cian entertained litle hopes of long life for his patient. Subsequently Mr. Jackson rallied and was about as usual as if nothing ailed him. He was a member of the Grand Jury that went out of cffice a week or two ago and attended to duties in that body. He visited his favorite resort, the Press Club, and only recently dropped out of sight. Then his friends learned with deep Ire.zrsr. that Mr. Jackson had not long to ive. He realized that he was on the verge of collapse for several days, and on Sunday atternoon, on the acvice of physicians, moved to the Wal!deck Hotel. Mrs. Jack- son, his faithful nurse, remained by bis side. Her wish was to try the one heroic remedy, which failed in spite of the best surgical skill attainable. . Ross Jackson was a general favorite. To know him was but to love him, and that tells the whole story of the man’s life. His was a remarkable character; generous to a fault, loyal 10 friends and ever ready to see only the best side in others, and in home life a devoted father and husband. He was born in Paterson, N. J., Febru- ary 6, 1846. His father was James Jack- gon, a locomotive builder, who built the first locomotive thatcame to the Pacific Coast and amassed a fortune in this busi- ness. James Jackson organized the Bank of Passaic County, which merged in:o the Second National Bank, still a flourishing nsditution. After college days young Ross filled the position of paying teller in the bank and his brother James 1s now its president. Resigning the office Ross moved 1o California and took up his resi- dence in this City, which was aiways his home with the exception of a few months in summer spentin the country. He left New Jersey April 1, 1875. In 1872 he married Miss Amelia Walden of Paterson, with whom he lived happily till the end. Two daughters were born, one of whom was a popular belle in local society and is now the wife of Mr. John Raffael of the Tivoli. The otherdaughter died xome years ago. He leaves two sis- ters, Mrs. Caroline Whitley and Miss Kate Jackson, both of whom live at Evanston, Ill.; also a brother, James Jackson, in Paterson, N.J. After settling in San ‘Francisco Mr. Jackson tried his hand at commercial work in the asbestos business, bat he was not intended for such uncongenial occu- pation and #ccordingly met with poor success. He took the world easy, having a nice income, until in 1880 he entered the news- paper feld, and quickly attained promi- nence in his chosen profession. Every newspaper writer in the City declares that he was their dean. It was he who brought out such well-known writers as Ed Town- send, Andy Morrison, Harry Dam, T. T. Williams and others who have long since passed away—Joseph Gitt, William Hart and Harry Standewick. He was city editor of the Alia, then associated himself with the Chronicle and later with the Ex- aminer, of which e was city editor. An affection of the eyes compelled him to retire from journalism twice, when he filled a position iu the County Clerk’s office and was License Collector. In newspaper work he proved himself a dis- tincily broad-gauge and able man, and, it goes witi out saying, won the respect and love of his coileagnes without exception. Mr. Jackson was a veteran of the Civil War, and at one time a member ot Thomas Post, G. A. R. He was president oi the old Press Club, or:anized in 1882, suc- ceeding Hugh Burke and Jziving way a year later to Ed Townsend. When the present Press Club wasorganized he joined #s a charter member. Oiten he was the lite of it at jinks as sire, .aud when occa- sion called for his advice he proved a loyal member. The Olympic and Bonemian clubs also claimed him as one of their own. Upon retiring from active newspaper life abeut four years ago be fell heir toa large fortune from his father's estate. These years were spent with his family in taking the best out of life, with his bosom friends, James V. Coleman and some members of the Press Club. A few days before Mr. Jackson died he caited in ex-Judge W. P. Lawlor to make bis will. 1tis understood that his estate goes to his family. In the will is a pro- vision expressing a wish that as he was not religious he would be consistent, and, therefore, desired tbat no minister preach at his funeral. He asked that the obsequies. be held in the Press Cltb, and that either Judge Huntor T. 7. Williams, his old friends, should say something about his Iife be- side the bier. 3 The date of the funeral was not deter- mined last night, but it will probably be Bunday next. Meanwhile the body will Emn:n at his residence, the St. Nicholas otel. £ The funeral will take place from the Press Club, and 1n accordance with his special desire the remains will be cre- mated at Odd Fellows’ cemetery, . = - 3%y shejasiesirsesrsiesireiacirntostrode We thank our thousands of friends for their liberal patronage of the yaar just passed and wish them abundance ot good fortune for the year to come. Important movements in merchandising will com- mence here soon, and we ask your attention to our announcement next Sunday. To-day we make cfierings for New Year’s Day. Little things you need at very little prices. APRON GINGHAMS, 27 inches wide, in blue or brown checks. New Year price Yd. WRAPPER FLANNELS, an extra heavy fleecy flannel, Persian patterns and stripes. Our New Year L R R .- 12 the front, silk-lined, 22 SOME PRICELETS FROM BARGAINAPOLES ! 4| Yard | NEW YEAR VALUES IN WRAPS! . LADIES’ PLUSH CAPES, Thibet fur around collar and down inches long and full sweep. LADIES’ TAN JACKETS, button up high to the neck, inlaid velvet collar, 4 large pearl buttons, sizes 32 to 38 DriCE: ol Ty A S Py T TURKEY RED TABLE DA- MASK, guaranteed fast < color and full 58 inches 240 E wide. Our price. Yard L TINSELED DRAPERIES, a good variety of hands'.me 100 0 designs, a heavy quality. Our price..... L FREE poals i Yand -)“;;i (8] %‘ : ur ;}, $10.06 EBach $6.00 Each Our MEET ME AT HALE BROS. c)j/ 7 {INCORPORATED] 937 to 945 Market Street. x Stdfsdfedfdiodfs o s e dscfeiodts s o el WE CLOSE EVERY EVENING AT 6P M ok o 2 BURGLARS BEING BROUGHT IN Clever Capture by Special Officer C. A. Heine- man. The Residence of A. K. Coney, Mexican Coansul, Broken Into. One of the Burglars Chased and Overtaken by Heineman and His Brother. 3 The residence of Alexander K. Coney, Mexican Consul, 1522 Post street, was en- tered by two burglars last night during the absence of the family and one of them was cleverly captured by Special Officer Charles S. Heineman, assisted by his brother Felix, and taken to the City Prison. About 6:30 o’clock, Carlos Cuervo, nephew of the Consul, who lives in the house, reached home from his work at the Union Iron Works. On opening the par- lor door he saw convincing evidence of the sact that strangers had been in the house. Everything in the room was topsy-turyy, and when he heard the voices of two men in an adjoining room he quietly sbpped out, and running to the grocery-store on Laguna and Post streets he told Dave Lazar, the grocery- man, that burglars were in the house. As the policeman on the beat bad gone to the fire on Golden Gate avenue and Larkin street Lazar telephonéd to the engine-house on Post street, near Fill- more. Heineman and his brother fortu- nately happened to be in the engine-house and they at once ran to the Consul’s resi- dence. Heineman tried to open the front door, but it was locked. He and his brother went to the rear. Heineman told his brother to watch the parlor window as he saw the curtains moving and he would try and force open another window. Just then one of the burglars threw open the varlor window and jumped to the ground. Hedashed across the garden and into an alley ciose by pursued by Heine- man and his brother. Tn the alley he turned sharply round and holding a re- volver in one hand and a *‘jimmy” in the other he threatened to “do” for them un- less they stopped chasing him. They made a dash at him and he turnea and continaed his flight along Laguna street. As he passed Cedar avenue he threw a clock and the “jimmy’' into the avenue, which were afterward picked np and will be held as evidence azainst him. He had not ran much iurther when Felix Heineman overtook him and knocked him down. Just then the special officer jumped on top of him and had the ironson him before he had time to make any show of resistance. The Central police station was notified, and Policemen Coogan and Rourke were sent with the patrol wagen to take the purglar to the City Prison. When searched there three silk handkerchiefs, which he had stolen from the house, were found in bhis pockets. The burglar was stylishly dressed and wore a fine macintosh ‘coat. He gave his name as James Lane, but Detectives Sil- vey and Egan recogniz'd him as James Hughes, an ex-convict. He was booked on the charges of burglary and having burg- lars’ tools 1n his possession. Policeman Coogan visited the house, and it presented tne appearance of having been visited by a cyclone. Every room had been ransacked, and_the contents of the bureau drawers, trunks and other arti- cles were strewn over the floors. How much bproperty has been stolen is not known, as the Mexican Corsul was not at home lust night. It is supposed that the burziar who escaped got away with considerable booty. It is thought he escaped by tne front door while Heineman and his brother were in the rear. ‘The capture of Hughes and the capture of Daly and Deery, alias Rutherfora, Tues- day night, have given the greatest satis- faction to the ‘‘upper office,” as they are notorious burglars. - WOULD FILL OUT LAFAYETTE PARK The End of a Long Struggle Ahout a Strip of Land. Finance Committee Recommends the Purchase of the Holli- day Tract. Favors the Sale of Pueblo Lax® Own>d by the City in the Potrero. The Finance Committee of the Board & Supervisors held a final and important meeting last evening—important if its recommendations be respected by the board itself. 3 It was a case of cleaning up the *ox—the box containing the business of the com= mittee for the year. Three important mat- ters were considered. First, the proposition to purchase the property which the courts, after vears ' litivation, have decided be- longs to 8. W. H_ :ay, lying within the lines of Lafayette Park. The property amounts to a block of land, bus Clay street extending into it leaves a strip of private property on both sides of that street ana for 400 feet of its length, within the lines of what was originally set aside as Lafayette Park. i City and County Attorney Creswell was present at the meeting and joined in th: discussion. The following resolution, uv recommendation, was adopted: In favor of acquiring the property on Lafe r- ette Park, fully determined by the courts to the property of S, W. Holliday, and for v purpose requiring provision 1o be made in hi next tax levy for the purchase of condemna- tion of said property if the same canno' %2 acquired by purchase, and that if reqnisd additional legislation be ned to confer ihis power upon the board. The following recommendation was = decided upon: In fayor of acquiring property which ir s quired for the projection of streets alréidy Opened and whicn have been heretofore fan- sidered and used but portions of which haye subsequently been fully determined by ‘he courts 10 be private property, and ot r st ing legislation (10 apply to all such cfswi; to confer the power to acquire the propems either by purchase or condemnation if :iae sume cannot be acquired by purchase to open said streets for the public convenience. This power will enable the City and Coumt to open Oregon street between Drumm an East, and oiher stre:ts in cases whare t courts finally determine portions of streets to e private property. The following also, which explains itselt, will he reported to the board: In favor of recommending that legislatson be had to enable cities and counties havug pueblo lands not now or hereafter dedh:m!fi to pubiic use, to sell the same at puuiic auetion fo the highest bidder. This legisl. ion worlg enable this City and County to dispose some of the lots and lands formerly embrased on Mission Creck end Channel streets, between Ninth and Eighteeuth streets, if deem=d desirabie. The commititee then adjourned sing die, Jeaving some little matters for .hy new committee to begin on. e ————— FINE CARPETINGS, ELEGANT UPHOLSTERY, RICH FURMIT ¢ NOW ON EXHIBY. lON®' 3 A Complete Line of Fancy niture for Christmas Pre ents and New Year’s Gifts. Agents for John Crossley & Son’'s Engllily ¥ Carpetings. CHAS. M. PLUM & CO. UPHOLSTERY COMPANY, & 1301 TO 1307 MARKET CORNER NINTH. ke