The San Francisco Call. Newspaper, January 30, 1897, Page 14

14 THE SAN FRANCISCO CALL, SATURDAY, JA ARY 30, 1897. NEW COONEY | NSATION Facsimiles of Crocker Blanks Printed by J. H. Barry. CAPTAIN LEE§S INTI- MATES CONSPIRACY. Simply an Idea to Test the Skill of Experts, Say the Defense. FAIR HEIRS WOULD TUSE IT AS EVIDENCE. : | The Notary’s Attorneys Fight Back, Saying the Incident Has No Place in the Case. A new and somewhat exciting chapter was opened in the Cooney case yesterday. From out of the dragnet of Captain Lees | and his detective force came the fact that during the past week there had been printed by James H. Barry 2000 fac-similes of the famous Crocker notarial blanks of | January 8, 1896, with which the Fair in- | terests are sesking toidentify the acknow!- | edgments on the pencil deed: i In the printing of these blanks by Barry | Captain Lees claims he ubearthed a con- spiracy. He insinuates thst on its face the existence of these reproductions of the Crocker forms looks like a scheme to | spreaa them broadcast with a view to hav- | ing some of them returned as evidence in | the young notary’s favor. el The people who are representing | Cooney deny the chief of detectives’ charges. They explain that the printing of the Barry blanks had for its purpose a plan to test the skiil of the experts, who, according to the programme of the prose- | cution, are to be called to point out the | defects in the Crocker forms and identify | them with those in the certificates in tae pencil deeds. This is a ruse generally re- sorted to when the matter of expert testi- many is introduced, say Cooney’s lawyers. The Barry blanks are fac-similes of the | Crocker forms, as the printing was done | from a zinc plate made from a photo- | graph. 1t was and is their plan tointroduce | these blanks in the case, so the lawyers| for the defense assert, 1n connection with | a number of the Crocker originals, and ask | the experts to select one from another. | The keynote in the case against Cooney | are typograpiical imperfections in the | certificates he used on Mrs. Craven’s | deeds. In the chain of evidence by which | the police seek to convict him of perjury they declare that in the forms printed by | Crocker similar and identical defects | occur. Witnesses from Crocker’s print- ing-house have already said that they could identify any of these blanks by these same defects in printing. It was to test the truth of the state- ments of these witnesses, the Cooney de- fense say, demanded the printing of a similar lot of blanks. It is customary in | all cases where experts on typography or handwriting are calied in to subject them | to every possible test. In the Snaron and | Martin cases these tactics were adopted, | much to the discomfiture of experts. Fol- | lowing the logic of thé Cooney side of the case, if one of the experts could not de- tect the difference between-tne Barry and | Crocker printing the cause of expert testi- | mony wouid receive a body blow. Captain Lees and Charlie Fair’s attor- neys are not inclined to give a great deal of credence to the explanation offered by Cooney’s attorneys. The chief of detec- tives declares he nipped a scheme in the bud. He says that if the object of print- ing the Barry bianks was simply to test the skill of experts, 1t was not necessary to strike off so many of them. He hints that had it not been for his timely discov- ery a plan was on foot to scatter these cer- | tificates among notaries and attorneys | for the purpose of regathering them at the proper time as evidence in Cooney’s be- balf. Moreover, he declares that it was a questionable transaction for Barry to print the footline of the Crocker printing- house on the margin. 3 James H. Barry and Cooney’s attorney are equally emphatic in denying that it was ever intended to put the blanks into circulation. All the forms, with the ex- csption of a half dozen submitted to Cooney’s attorneys for inspection, are still in his possession, according to Barry, and have been there for a week. This in itself, | be declares, is a strong indication that no | idea of putting them in circulation was | ever dreamed of. “Some days ago,” said Barry, “I was called to the office of Attorney D. M. Delmas and asked by Mr. Delmas and De- tective Stilwell if I could reproduce the Crocker blanks. I replied that I was afraid that I had not the proper type. [ was finally obliged to use a photograph and make a zinc etching of it. Now the blanks were printed in four batches. “In the first bundle Crocker's name ap- peared at the foot of the document to complete the reproduction, but the print- ing was bad, and I was satisfied the ex- perts would detect the flaws. 1came to Ttching, scaly, blecding palms, shapeless nails, and painful finger ends, pimples, blackheads, oily, mothy skin, dry, thin, and falling hair, itch. ing, scaly scalps, all yield quickly to warm baths with CUTICURA SoAP, and gentle snointings with COTICURA (ointment), the great skin cure. (uticura orld. PorTae Due Axp Cxzk uce Boft, White Hands,” free. = ITCHING HUMORS “oiiciuissus? Witnesses H. CLAUSSEN and Experts Who Appeared in Judge Cook’s Courtroom | Yesterday. the conclusion to cut off the Crocker foot line, but after the job was over I thought this omission would at once convince the experts that Crocker did not.do the job. Then I used the zinc plate of the body of the blank, using type in the Crocker foot line. The type was nota good imitation, so that I finaliy was obliged to photograph the Crocker printing-house foot line and add it to the other plate. “In this manner 1 got a perfect fac- | simile of the blank of January 8, 1896. So you see there is but 500 of the genuine fac- similes, instead of 2000, as Captain Lees intimates. In the remaining 1500 no ex- ert would be deceived, so I think that no more were printed than wou'd be neces- sary for use in the case, with its many witnesses. These blanks are all in my possession now, and bave been so for four days vprevious to the ‘mare’s nest’ Cap- tain Lees professes to have discovered. No attempt was made to circulate them, and no such idea was entertained.” The fact that Crocker's name appears on the foot line was put there, so Cooney’s attorneys say, for the sole purpose of com- pleting the fac-simile. They had a right to use it, they say, for the purposes tuey | intended the blanks. ‘When this affair was precipitated into the hearing of Cooney before Magistrate Cook yesterday morning ratber unexpect- edly the way was opened for the liveliest session in the case up to date.” Ali cay long the proceedings were a wrangle of words and legal fencing. The lawyers for Cooney and the District Attorney bickered and bantered over the right 10 introduce the evidence in the case. Their voices rose high, so high that the echoes rang along the corridors of the City Hall, and the idle and curious mob hurried in great numbers to the scene of the tumuit. When the fun was at 1ts height Attorney George A. Knight jumped into the dispute, and got an op- portunity to interiard a spicy dialogue upon the District Attorney’s declaring that young Fair's legal adviser was also assisting in the prosecution. It was on the card that Expert Max Gumpel should take up the greater part of the day 1n expatiating on defects in handwriting and prir.ting in general, and in particular as far as they referred io the Cooney acknowledgments and their simi- larity to the Crocker blanks. Theodore Kytks, the photographer who made bro- mide enlargements of the certificates on the pencil deeds, got on the stand to nar- rate how this work was done and ran up against a snag in procedure because the District Attorney and his assistant had overlooked bringing the negatives from which the enlarged reproductions were made into court. Kytka was laid on the shelf temporarily to make way for Max Gumpel, who was to unravel a long tale on defects in handwriting. Gumpel did not go further than to say he was a lith- oprapher and an expert in handwriting when he was withdrawn to launch the Barry printing episode. Detective geimour had subpenaed Henry Claussen, a compositor; George S. Barry, the foreman; and William F. Barry, the pressman, in the Star printing establishment, to tell of the printing of the fac-similes of the Crocker blanks and the thermometer prepared to climb. Barnes was evidently feeling his way very carefully as he opened the examina- tion. He kept carefully along the open roadway, apparently dubious of where he would bring up in the end. Claussen had an impediment in his speech and his testimony was very deliber- ately given. He 1old his name, residence and occupation and the prosecution resied for a short consultation with young Fair's attorneys. Then Claussen began by saying that he had visited several establishments in printing supplies within a few days in search of a certain style of type. ‘What kind of type wasit youdesired ?"" ‘A sort ot italic,”” replied Claussen. 'he kind thatis used in certificates.” ‘Dia you have the certificate with you as a sample to compare type with.” Claussen said he had carried a copy of the Crocker blank with him in his search. He failed to get the desired type, and a zincograph of the form was finally made. | Attorney Reddy came to the center with all sail spread to declare that Claus- sen’s testimony had no bearing on the case. 'here was a set-to, but Barnes finally mauaged to get clear and proceeded on bis way. “Where is the zincograph?” In Barry's office.” “When was this printing done?” +“On Saturday and Monday last ?” Reddy came up again, hammer and tongs, and demanded a show of hands from Lees and Barnes. In reply, theDistrict Attorney said he would show that Claussen had been mak- ing the rounds of tie town in _search of a certain kind of typs, and faihng, Barry had printed about 2000 of the forms from a zincograph. Barnes, had been carefully sifted and sorted, those with a water mark being laid aside, “What's this to do with Cooney, any- how?'’ asked Reddy. “Has not the de- endant the right to print blanks to test the ability of these experts who have been hired to identify the Crocker certificate with the pencil acknowledgments. Time and time again haven’t these experts been caught in their own trap?”’ ¥ “But the idea of introducing this evi- dence,” continued Reddy, *is not with a view to connecting it in this case, but to prejudice the people through the newspa- pers against Cooney.” Barnes got clear again and Claussen con- tinued. “How was this certificate printed ?”’ “From a zincograph plate.”” “Is a zincograph made from a photo- graph?” “Yes, sir,” 'Where is that plate?”’ foreman.” ; Did you see delivered the certificates printed from this zincograph?”’ N “Do you know how many of these blanks were Primed ;e I do not.” On cross-examination Claussen said he did not see the printing actualiy executed. He read the impression of the plate, and was satisfied the wording was that of & no- tarial blank. He had first been instructed to see if the form could not be printed in other printing houses. Foreman George 8. Barry added the few missing details in Claussen’s story. “Did you order the making of that zincograph?”’ *No, sir.” as it made in your office?” o, sir.” “When did you first see it?"" “I think within two weeks. I saw it for the first.time on the composing- stone.” “Did you bave anything to do with printing the blanks from this plate?’ “No; my work ceased when I iocked the form up and handed it to the pressman.’ Tne zincograph itself got into court when Barry resumed his story after ihe noon adjournment. Attorney Ready suggestea that James H. Barry, the manager of the priniing- house, would be along in a few moments to facilitate matters by telling who ordered the job. “I can’t see what is the idea of putting this into the record unless it be to assure the experts that they will not be trapped unawares,”” said Reddy. *If the prosecu- tion desire copies of these blanks I in- form them that we have plenty to go around.” . Barnes called William F., another of the Barry family, to give the details of the presswork connected with the reproduc- tion of theblanks. “How were the forms printed ?” “From a zincograph.”. “How many of them did you print?” “Somewhere in the neighborhood of 1000, I think.” The zincograph came in two parts. One section contained the complete wording of a notarial blank. The other was an etch- ing of the trade mark of H. 8. Crocker that generally appears on ihe margin of the forms turned out by that house. Barnes desired to know if the Crocker etching had been reproduced on the blanks, “I don’t think it was,” replied the pressman. 5 ““Who gave the order for this printing?”’ “My brother, James H. Barry."” They let Pressman Barry go to make THEODORE KITK A This lot, continued | In the office, I suppose, in charge of (BB t~/ way for Editor Barry, who said he was a printer and controller of the destinies of the Star. The attorneys gave the newspaper man the right of way and he tald his story without interruption. “About a week ago I received a tele- | phone message that Attorney D. M. Del- mas desired to see me. I went at once to nis office and found there the lawver and Detective Stilwell. One of the Crocker certificates was produced and I was asked if 1 could make a fac-simile of it—" ‘‘Never mind what anybody asked you,” put in Reday. “From whom did you get the copy?’ queried Barnes. 3 I aon’t remember just exactly,” con- | tinued Barry *I don’t know either that any order was given for the work. Mr. Delmas was not in the office over three minutes and I con’t think the entire in- terview; consumed five minutes. I had been in the habit of doing printing for Mr. | Delmas, and I supposed wben he asked me it I conid make a fac-simile of the cer- tificate he wanted it done if possible.” Reddy wanted the whole day’s proceed- ings struck our. It could ir no way con- | cern Cooney if Barry had printed copies | of Crocker forms, for Cooney knew noth- | ing about it. Magistrate Cook was of the same frame of mind. It would be necessary to show a knowledge on the part of Cooney of the | transaction. Foote shied his castor into the ring. “'Suppose,” he began, “these blanks had been printed by others for_the purpose of entrapping these experts—I can see noth- ing that is not legitimate in such a move ? | These experts and Crockei’s witnesses have suid that they couid identify the blank of 1896 wherever they saw a copy of it. We have a right to puttlem to the test.” Reddy branded the whole malter asa scheme to poison the minds of tne jury in advance. ““Tney cannot iry the case of Mrs. Craven against the Fair chiidren here,”” began Cooney’s attorney, “and yet that is wnat they have been endeavoring to do continu- ally. In this matter they are sim ply fishin for evidence that they may use in the e suit. This is their methods continually. Captain Lees has sat here, not as a public ofiicer, but as one interested in maligning this defense in advance by making state- ments and trying the case in, the newspa- pers in advance, instead of reserving his evidence, like a public officer, until the proper time comes to introduce it.” Foote declared that unless District At- torney Barnes could connect Cooney in sowe way with the printing of the certifi- cates the record of the transaction had no business being brought into court. +1f the District Attorney,” said Fool *‘will say that he has of his own knowl- edge information that would connect Cooney with the affair I for one have no objection to this story going in the records. But the District Attorney will not say this. His knowledge comes in the way of insinuation from those who are ‘masquerading behind this criminal prosecution in the hope of bettering their chances in coming clvil litigation. Del- mas, Stilweil and Cooney sav they are not confederating. What'is the purpose of this evidence? Simply to get a display in the newspapers in order that Captain Lees and others may get a reputation for sagacity.” % Barnes declared he belfeved he could establish a connection between the print- ing of the blanks and Cooney, at least he had information that would warrant such a belief. Attorney George Knizht stepped for- ward and asked to be heard. “Hello,” sa:d Foote, “What's Knight doing in this case?” Barnes—Mr. Knight is assisting me in the proscution. Foote—Giad to see that Knight's got into it at last. Knight—Supposing we show that Del- mas is Cooney’s attorney and has brought two suits in the civil courts in bebalf of his client for $200,000?. Supposing we show that Delmus is Cooney's confiden- tial adviser and that this is the first case in which he has not appeared for him, apparently for the reason that he is try- ing to get out from under falling timber? Supposing we establish the relation oi at- torney and client existing between them? Would not these be links in the case we are trying to establisn here? The District Attorney knew yesterday that the printers from Barry’s had been searching the town for type and that an evident at- tempt was made to repro.uce, to counter- teit, these Crocker blanks. Why forge the name of H. 8. Crocker & Co. to a blank printed elsewhere? Why commit a mie- demeanor? Does not this smell of fog? Does not this stink of crime? We must prove our case step by step. We must Erove in the logal chatn tbat Delma's and Stilwell ordered these blanks under cir- cumstances that would show they might be used in & manner not in harmony with justice. Foote in reply proceeded to rake Knight with grapeshot. “'Supposing you do show,” he began, ‘‘that Deimas and Stilwell ordered these blanks, what has that to do with the case? IV’s no argument to say a thing smacks of know who told Knight the name of lcrockcr is printed on the Barry blanks? crime or smells of fog. Iwouid liketo | ‘Where did he get that information? How does ne know this unless he has been guilty of petty larceny and taken some of them witiout the knowledge of their own- ers? What is the District Attorney floun- dering 1t 1n_tbis manner in this case for? What are these d tectives and Cap- tain Lees doing in this case when they might better be attendinz to the work they are paia for by the City? Whydon't they attend to their duties instead of working for the Fair millions? It's not the neople of California, but Charles L. Fair thut is prosecuting this case, solely in the hope thai he may better his case in the civil courts, and that other witpesses for Mrs, Craven and her deeds may be in- timidated.” 3 Reddy and Foote denied that they knew anything of the printing of the blanks until told so’ by the prosecution. Magis- trate Cook reserved a decision in the matter of admitting the day’s proceedings into the record, and peace was restored when Editor Barry was aliowed to retire. The case will be resumed Monday. FITHER CITY MAY GET THE FIGHT Stuart’s Advance Repre- sentative, Wheelock, in Town. Respective Claims of Carson and Reno to Be Considered Later., William Kenyon Wheelock, a con- spicuous figure 1n the world of sport and the advance representative of Dan Stuart, the famous fight promoter, who is at present busily engaged in arranging the preliminaries of the Corbett-Fitzsimmons contest, arrived here yesterday afternoon from Carson, Nev., where he has been working bard in the interest of the bill to license glove contests in that State. ‘When interviewed yesterday at the Palace Hotel Mr. Wheelock expressed the pleasure he felt at the passage of this measure, which has now received the sig- nature of Governor Sadler and so become law. “The sentiment in Nevada,” said M Wheelock, “I found most liberal. The people over there seem to appreciate the fact that the holding of these glove con- tests in the State is calculated to promote the influx of a large quantity of hard cash, for the patrons of the ring are justly cele- brated as liberal spenders.” “Is it definitely settled that the fight will be pulled off in Nevada?’ was asked. “Mr. Stuart,” was the reply, “has de- cided that the Fitzsimmons-Corbett battle will take place in the Sagebrush State. 1 have carefuily examined the ground my- self and have located training quarters at suitable hot springs near Reno and Car- son. Slaughter and Steamboat Springs, in particular, zre admirably adapted for such a purpose, and the weather in Ne- vada during March is said to be all that could be desired and in every respect suit- able for outdoor work. Both Corbett and Fitz have b-en notified by wire that they may begin the work of training right away and that every facility in that direc- tion will be afforded. They have not re- plied as yet, but I expect word any mo- ment that they are on their way to Ne- vada.” “Which city, in your opinion, would be the best location for the fight ?"” “The contest,” replied Mr. Wheelock, *‘will be held in the city whose offer proves the more alluring. Mr. Stuart will hear what Reno and Carson have to say and will make a personal inspection of the ground before finally determining on the Jocation of the batile-ground. As to pas- senger ratesto the scene of hostilities, I have been in communication with some of the railway officials, and thourh nothing definite has yet been decided, I anticipate no difficulty whatever in the way of secu: ing round-trip tickets toa point neare: the ringside at greatly reduced figures. Mr. Stuart will lose no time in visiting Nevada on his tour of inspection—in fact, 1 expect him up right away, and as I said before 1 have advised the two principals to come West immediately so that no hitches are hikely to occur. “I wish to have it distinctly understood, moreover, that all talk to tie effect that Carson or any other place is certain to secure the fight is all nonsense and empty speculation. There is a good deal of jealousy between Carson and Reno, and each would like to convey the impression that the mill is sure to come off in its neighborhood. But we haven’t committed ourselves, and don’t propose to do soyet.” The question of forfeit money or side bets is one with which Mr. Wheelock has nothing to do. DENTHCAME URHERALDED Prentiss Selby of th: Big Smelt- ing Firm Stricken Down. He Had Been Apparently in Fair Health and His End Came as a Sheck. OAKLAND, Can, Jan. 30.—Another prominent man has been taken off with- out warning. Late last night Prentiss Selby was suddenly stricken down at his residence, 1360 Madison street, and in a few minutes he was dead. For some time past Mr. Selby has been suffering from various maladies, none of which, however, were serious, and there was no thought that his end was near. Last evening he was apparently in very good health, but by midnight he was seized with a fainting spell, which re- sulted fataliy. Mr. Selby was the leading partner in the Selby Smelting Works of this city. He entered the employ of the works years ago as a founder soon after he came to this coast from the East. He worked up from that obscure position to be a leader and a stockholder in the company. During his life Mr. Selby, while always a prominent man, was never connected with any public othce, and he had but lit- tle to do with politics. He was essentially a homebody, and his house was one of the most atiractive in Oakland. He leaves a widow and six children, all of whom are leaders in Oakland society. . As to the wealth of deceased it is esti- mated that his estate will amount to sev- eral hundred thousand dollars. He was 50 years old. .- JEWELRY store, 5 and 7 Third street, removed to 803 Kearny street. e Estate ot School Director Halstead. James L. Halstead’s estate is estimated to be ‘worth $14,000. His son has applied for letters of administration. No will has peen found. —_———— BRIEFS and transcripts printed reasonmably; rapid and reliable. Mysell-Rollins, 22 Clay. * CLEARA EW TO-DAY—DRY NCE BARGAINS —FOXR - SATURDAY’S TRADE! OUR GREAT SA_(;RIFICE CLEARANCE SALE closes the week and the month with A GRAND FINAL OFFERING OF BARGAINS consisting of A CHOICE SELECTION OF SEASONABLE LINES AT & SPEGTALLY HBAT SACRIFCE LADIES’ CAPES AND SKIRTS. 750—LAD[ price 75¢ each. BLACK PLUSH Clearance Sale price $4 95 each. x ~ —LADIE CAPES 3 4,95 1ot e Starm coliar edeed with black thibet fur, former » SINGLE CAPES, made of black and navy blue cheviot, trimmeq all around with mohair braid, velvet collar, former price $2, Cleara; ce Sale richly beaded, lined with si| 3 OO—LADI}L" BLACK FIGURED MOHAIR DRESS SKIRTS, lined with $ o percaline, velvet binding, former price $5, Clearance Bale price $3 each. LADIES' NECKWEAR. - $2.5 ¥ ()—CHIFFON, $2-0 FRONTS, accordion pleated or ciennes lace, regular price §3 50, $250 each. —LACE COLLARETTES, in a larze and $6; Special Sale price to-day $2 50 each. MOUSSELINE DE SOIE AND riety of styles, regular value $4, §5 LIBERTY CHIFFON trimmed with velvet ribbon and Vale $450 and $5 50; Spetial Sale price to-d VEILING! _ CHENILLE DOTTED TUXEDO VEIL day at 25¢, 8¢, 50¢, Toc, $1, $1 35 and §1 _ VEILING! . three-quarter width, special values to- 50 per yard. LADIES’ KID GLOVES! 900—110 aozen 8-BUTTON LEN(}T}IifiUSQI!ETAIRE UNDRESSED KID GLOVES. in dark and medium tan Sale at 90c & pair. —100 ¢ $L0 shades, worth regular $150, on Special zen &-BUTTON GENUINE FRENCH KID GLOVES, embroidered backs and large buttons, in dark, medium and tan shades, also black, worth regular $1 75, on Special Sale at §1 a pair. —97 dozen 8-BUTTON LE: $L.0 Sale at $1 a pair. UETAIRE UNDRESSED KID GLOVES, in dark and medium tan shades, worth regular $1 75, on Special MEN’S FURNISHING GOODS. N ,—180 dozen MEN'S AND BOYS' H C ™ white and fancy borders, extra size, price 5¢ each. 1028 dozen MEN'S HEAVY VIC C heels and toes, regular price 25c, Ci N'S HEAVY CAME. > h—35 dozen ME 656 %5 (oda Sule price 65¢ each. RIBBONS! 0.403-INCH SILK TAFFET c, will be closed out at 15¢ a yard. 15¢ ITCHED HANDKERCHIEFS, with regular price $1 20 a dozen, Clearance Sale NA MERINO SOCKS, finished with double nce Sale price 10¢ a pair. ATR UNDERSHIRTS AND DRAW- 7es), warranted thoroughly snrunk, regular price $1 25, Clearance RIBBONS! MOIRE RIBBON, in assorted colors, value RIBBONS! £& STORE OPEN SATURDAY EVENING UNTIL TEN 0’CLOCK. MURPHY BUILDING, Warket Street, Corner of Jones, - San Francisco. MORE ABOUT THE FAUST COFFINS. They Were Not Kept Three Years, but Only Four Months. The Caskets Were Stored in a Barn Away From the | House. There Was No Money in Them, and the Futare Occupants Never Saw Them. Monday, December 28, 1806, THE CALL published & aispatch from Monterey in which it was alleged that Philip Faust had died at his home in old Monterey after an illness of three years’ duration. It was also alleged that ever since the beginning of his long illness he had kept a coffin in his bedroom; that the casket was prepared for burial and that in it was | sufficient money for the funeral expenses. | Mrs. Faust, it was stated, had been par- tially paralyzed for years, and her coffin also haa been kept in the house beside that of her husband. It appears, now, that TaE CALL was in error in stating that the coffins had been in the house for a period of three years. | The two coffins were bought from James Taylor, an undertaker in Oakland, on the 22d day of Augnst, 1896, and shipved by order of H. W. Faust, to Monterey, Cal., where they were stored in a barn some 600 | or more feet away from the honse. It is not true that there was money kent | in the coffins for the purnose of burial. It | is true, huwever. that the names bf Philip | Faust and Mary Faust appeared on the plates of the coffins, with the dates of their birth. It is also true that the coffins Jere not shown to either Mr. or Mrs. Faust. It was held out by the .physician that | Mr. Faust might die at any time, and it was also feared that Mrs. Faust would die from the shock which his death would | produce, she being in a paralyzed condi- tion. The precaution was, therefore, taken of purchasing the two caskets in August, although the death of Mr. Faust did not occur urtil December 21, while Mrs. Faust is still alive. ORUELTY CONDONED. Judge Hunt Withholds a Divorce Where Suit Was Long Delayed. Mrs. Florinda Thomas will have to get along as a married woman for a while, or at least nntil she can offer sufficient proof to convince Judze Hunt that she isen- titled to a divorce from William Henry Thomas. ‘When Mrs. Thomas’ cass was called for trial it was found that her health was so LEVIN BROS. much impaired that she was unable to appear in court. Nevertheless the lady's deposition was read in support of her de- rand for « legal separation. in Mrs. Thomas' deposition she alleged thatin 1881, at the time of the birth of her last baby, be drove {rom the house several ladies who had offered to care for her; that she was left alone with her little one and that ivaied. Two days later her husband returned. She was asked how she obtained fool and other necessaries during those two days, to which she replied that she had to get up out of bed and procure for herself the things that she needed. Mrs. J. Schreiber testified that she was one of the women driven out of the Thomas home at the time of the birth of the child that died. She thought Thomas was exceedingly harsh, and Mrs. Thomas had often complained of his bad treat- ment. Juage Hunt said he was in doub in re- gard to the matter, and asked when Mrs. Thomas and her husband bad ceased to live together as man and wife. On being informed that they had maintained marital relations until a short time ago, he remarked that this made the difficulty all the greater. “The fact that Mrs. Thomas lived with her husband for about sixteen years after nis alleged cruelty raises » Strong pre- sumption of condonement, and I could not see my way clear to granting the re- lief asked for without bearing sufficient testimony on behalf of the plaintiff to overthrow that presumption and explain the cause of her long delay in suing fora divorce.” Accordingly the case was continued un- til Mrs. Thomas is able to appear and tes- tify. ———————— Benevolent Germans. At meeting of the German General Benevo: Jent Society held yesterday by the new board of directors the following were appointed: Hospital committee—Charles E. Hansen (chair- man), R. Finking, C. Goecker, Edmund Kollo- frath, William E. Lutz; relief committee—R. Herold (chairman), Ed_A. Keil, Louis Zeis financial committee—Hugo Waldeck (chalr- man), E¢ A. Keil, C. Goecker, William Dase- king (ex offlcio); cemerery committee—Louis Zeiss (chairman), William E. Lutz, Edmund Kollofrath. NEW TO-DAY. Grocery Stock. Special for To-Day’s Opening Choice Table Butter, squares- - - 25¢ Petaloma Ranch Eggs, dozen- - - - 20¢ Eastern Sgar Cured Hems, ponnd.- 93¢ Eastern Picnic Hams, ponud- - - . 8¢ Cove Oysters, F. Brand, 2 fur- .. 15¢ ‘ 1324 and 1326 MARKET ST. 134 Sixth Street. H. WOLF & BROS., Proprietors. Telephone S. 398,