The San Francisco Call. Newspaper, April 23, 1897, Page 9

THE SAN FRANCISCO CALL, FRIDAY, APRIL 23, CTURES 1897 court and asked that Mr. Delmas bs in- | “Not until aiter the document has been structed to announce whether or not he | introduced in evidencs,” said the court. had withdrawn the cross-complaint. | “We don’t believe it ever will be,” spoke Mr. Delmas was fairly twinkling with ‘ up Mr. Denzon, one of Mrs. Craven’s at- satisfaction over the discomfiture and | torneys. worry of the other side, and when pressed | Mr, Plerson cut his address rather short | by Wheeler for a statement referred him | after tuat. He told the jury that he and | 8gain to the answer as being sufficiently | his associates expected to prove that the NEW TO-DAY—CLOTHING. THE DAY SPENT I MRGUMENT Taking of Evidence in the | Fair Case Not Yet Started. MR. DELMAS ALARMS HIS OPPONENTS. He Filed an Anoswer That Was Most Difficult to Down. THE INTERVENOR'S POSITION DEFINED. When the Debite Finally Ended Mr. Pierson Mads ths P aintiffs’ Openinz Address. That particular array of attorneys who have gatiered in Judge Siack’s court to dispute Mrs. Nettie R. Craven’s claim to ciear for the average man of intelligence. | | Judge Slack, doubtless with the view of | | drawing Mr. Delmas into making an ex- tended statement of his position, eaid that | he was not quita sure, but he had an idea that the answerand theamendment would not disturb the cross-comoiaint. Sure enough, this had the effect desired, for Mrs. Craven’s chiet legal champion at | {once took the floor. The original com- 1 , he declared, was to quiet rty at Sansome and Pine streets, of which property, the plainuiff- claim, Senator Fair was at the time of his | death the owner in fee simple absolute. That complaint averred also ihat the de- ndant, Mrs. Craven, had made an ad- verse claim to the property and a suit to | | quiet titie resuited. |~ “Itisnow discovered,” continued coun- | sel, “that an error was commiited in de- | scribing the property mentioned. To | their amended complaint we have the irightto reply as we see fit, and we have | done so. This is now a simple action 10 | quiet title.” The debate now became general, and | authorities were quoted liberally. It | came to a close at 1 0’clock, when a recess was ordered. Judge Slack said, in conclusion, that he thougat Mr. Deimas was right in his claims, but he preferred to consider his books before deciding the point finall At the opening of the aiternoon s Attorney Delmas announced that altera | conference with his associates during the | Tecess the decision had been reacbed that | under the amended complaint the defense | und he therefore notified the court thati that instrument had been withdrawn. | Counsel for the plainuffs evidently an- | ticipated this move, for no sooner had Mr. | Delmas finisbed speaking than Wheeler popped up, lawbook in haj | right of the defense to make the desired withdrawal. Judge Stack mas and himself. He had not heard it apparent Mr. Delmas intended. d be feared that & mis- | derson will cases. | understanaing existed betwsen Mr. Del-|‘those of the New York Commonwealth ‘lead-pencii” will was a forgery; that was the sum and substance of the ‘whole story. One of their strong points, he said, would be the showing that Senator Fair on the 26th of November, 1894, republished his will, and also provided a trust fund with wiich any contest of his will should be fought. Finally it would be proved, he declsred, that the deeds beld by Mrs. Craven wera also invalid. 1t was remarked as & significant fact that in his opening address to the jury Mr. Pierson bad nothing to say about tue forzery of the deeds. The Fair people had said again and again that they would place their fingers on the forger, and tell where, and how, and why ana when the crime was committed, But they did noth- ing of the kind. | about the facts, or alleged facts, that are aiready familiar to the public mind, and on the subject of the forgery and the forzers was mute. Mr. Deimas asked for and was granted the privilege of making the defense’s open- ing address before tue taking of evidence began, but as the hour was now late an adjournment was taken until Monday morning, at which time he will speak. =g JUDGE CURTIS—ARRIVES. |An Eminent New York Lawyer Here to Ald In Defending the Pencil Wiil. Ex-Judge George M. Curtis, an eminent iawyer of New York, who has been en- had no furtber use for its cross-complaint, | #28ed in connection with Delmas & Short- ridge in the Fair will case, arrivea here last ni ght and is at the Paiace. The Judge is avout 60 years old, with gray bair and an expressive face and en- i‘({:;glgmg appearance. He has been con- | The Discovery Is but Awaiting 2 and said tbat the plaintiffs denied the |Dected with some of ths greatest will cases 1n the country; as for instance the Friedman, Boudon, Leslie ana Johna An- Other noted cases are against Riddle, the case of the Atlas intimated, he said, that aflirmative relief | Steamship Company, case of Kentucky | was asked for in the answer, as it was now | against Buford and the well-known Coffin case. m BB / 7 0 ! Mr. Pierson spoke only | TAKEN IN COLORS A San Francisco Genius Has Won the Sscret, Too. |MAY SOON STARTLE THE WORLD. He Can Make Nature Put All Her Varied Hues on Paper. METHOD SIMPLER THAN THE FRENCEMAN’S. Final Perfection, for Which Hs Is Struggling. San Francisco is about to startle the world with that long-cxpected marvel, | photography in natural colors. M. Chassagne, a Parisian, has really accomplished this scientific feat by pro- cesses that are his own secrets. Two months or so ago tbe success of Chas- sague’s invention became the scientific | sensation of Evrope, and the sensation is | | still on. Yesterday some of these pictures | were thown for the first time in America, TELEGRAM From New Yor LR L L LLLLLLL LA New York, April 15, '97. S. N. WOOD & CO., 541 Market St., g 3 San Francisco. Made arrangements with Riverside, Globe, Oswego, Rock and Hawthorne Mills to purchase o their stock at old tariff rates. Force entire stock ready-made clothing; must have money to meet obligations. Ce 29 M. WOOD. 2299999299292 292922922929229929992000999292922902908 Our unprecedented success in this great Tariff Clothing Sale is not the child of chance, but the ripened fruit of ever- lasting lowering of prices. Our prices have always been at the lowest notch, but during this great issue we have pulled the throttle clear out to the last notch, and the low-price train will run through to the last station until we have clothed the entire community in one of our garments, sold at one-half reduction—so per cent off regular selling price. = i M Sale Price $4.85. Single and Double-breasted Sack Suits, in new fabrics and in all the latest shades; regular price $9; guaranteed pure wool. Sale Price $5.65. Single and Double Breasted Sack Suits, in shades of brown, Havana, slate Sale Price $6.00. Single and Double Breasted Suits, in cassimeres, cheviots, tweeds and wors- teds; $12 is the regular price; guaran- teed pure wool. Sale Price $7.50. Exceptional values in Single and Double Breasted Sacks, comprising all /. TTORNEY DELMAS Interrupts Mr. Pierson’s Opening Address in the Fair Case. two valuable pieces of property which she asserts w deeded to her by the late Senator Fair, were treated to something of a scare yesterday when the proceedings in the great case were med. It was D. M. Delmas of Mrs, Craven’s counsel who exploded the shell that caused the consternation, and it tcok the opposing side the entire forenoon and a zood part of the afternoon to wriggle out of their dilemma. And it was all over an inuocent-looking litile document that Mr. Delmas_filed with the clerk as soon as Judge Slack declared court open, and asked ti at it be made a This document was the answer of the defense to the complaint in the case as it was amended Wednesday afternoon by the counsel fur tue plaintiffs. True, the Jatter only essayed to correct a little error in the complaint, but it gave the defense the opening desired, and it was taken advantage of in a twinkling. The answer was not what the plaintiffs’ expected, for instead of being an elaborate reprodaciion of the defense’s cross-com- plaint, it was merely a denial of the charges in the complaint. It was mc- knowledged to be d clever stroke, foron its face, it seemed to deprive the legal champions for the Fair estate executors of the best part of their threatened thunder. It would narrow the great e down to a simple little trial to quiet title. When these gentiemen had recovered from their surprise sthey assumed an air of nonchalance, and Ar, Pierson, just to show that he was not alarmed, remarked 10 the court that nhe supposed the trial would be proceeded with immediately, “But what about this change in the sit- uation ?” asked nis Honor. *“We ses no change, your Honor,"” said Mr. Pierson. Judge Siack devoted at least ten min- utes of careful study to the documents-in the case. “My impression is,” he said finally, “that the situation here 1s very wmuch changed.” Mr. Pierson said he hoped not—in fact, Le thought he could convince his Honor that he was mistaken. The attorney then proceeded to elucidate by declaring that the issue was unquestionably the so-called equifable defense to Mrs. Craven’s cross- complaint. “How do vou make it out that under the present circumstances there is stilla crosi-complaint,” slyly asked Mr. Delmas. Attorney Charles Wheeler was up in an instant with en inquiry as to whether or not the defense had withdrawn its cross- complaint. “Our answer to your emended com- plaint is quite clear,” replied Mr. Delmas, Wilh a tantalizing smi Mr. Wheeler turned sppealingly to the pha'n to the jury. art of the record. | e bad | The stenographic report of the morning proceedings was called into requisition to show that the court had practicaily told the attorneys for the defense tha: they could withdraw the cross-complaint. | " “I did think this morning that counsel had the right to withdraw 1t,” interposed Judge Siack. *But I have since consuited the code, und I find that such a course is not permissible.” would not change its ruling. So the cross- complaint will stand. Attorney Pierson then made the open- ing addre-s to the courtand jury for the plaintiffs. For a long time prior to his death, said the attorney, Senator Fair was the acknowledged owner of the two parcels of property now in dispute. Upon his death he left a will in ch he be- queathed this property along with others to his children. In this will he also made the avowal that he was not married, and was the jather of no children other than those mentioned in the document, and declared further that ail of the property any claim on it. on September 21,1894, On December 28 | of the same year Senator Fair died. Mr. Pierson began to warm up now, apd was going on to relate that Senator Fair, just before his death, gave instructions that his will should be filed “the moment the breath left his body,” when Mr. Del- de an empbatic objection to any ions being made in court. and promptly injormed Mr. Pierson that he was slepping over the bounds and must desist. “Gentlemen of the jury,” said his Honor, rning to the twelve men in the box, “you will understand that_this is merely an opening statement. You must not look upon it as evidence.” 58 ‘When Mr. Pierson resumed he devote: his remarks by telling the jury what en awfall prove Mre. Craven to be, Mrs, Craven, he said, went to Reuben H. Loyd and George A. Knight and said she hag in her possession a will executed by Senator millionaire’s executors. Phis wilt did not leave the heirs so seriously handicapped as did the first one, 50 a contract was drawn np whereby Mrs. Craven was to be paid $500,000 if she would produce tue will and it abould be found genuine, Mr. Pierson at this point grew argumen- tative again and was once more taken to task by the court. In fact all througn his address he had to be continually inter- rupted by Judge Slack and cautioned by him to be more fair. Mr. Pierson got into deep water again before he bad said a dozen words. He auempted to have the “lead-pencil” will Mr. Delmas argued again, but the court | enumerated was his own and nobody had | This will was execated | Judge Siack agreed with Mr. Delmas | bad woman they were going to | Fair later than the document filed by the | The Judge is a native of Massachusetts. He was a member of the New York Legis- | lature from 1863 to 1865 and afterward | served for six years as Judge of the Ma- rine Court. He has since then been re- | peatedly offered judicial and Congres. | sional nominations, but always declined. | His attention has been given unreservediy to the practice of law. | “He said last night that he had been trying for twenty-five years to get to Cali- | fornia for pleasure, and now, aftec all, | business had brought him. He added | that ho did not this early like to say very [ much about the case. % OB, HUBERT'S MISSION, [ 1 ;Wfll Lecture to Raise a Six- Thousand Dollar Mortgage. Rev. Philip Aklis Hubert, D.D,, finan- { Salisbury, N. C., has arrived in this City | and is making arrangements to deliver a lecture here, the proceeds to be avplicd to | & mortgage indebtedness of $6000 on the institution, which sum will be due June 1. The coliege is a free school for colored boys and girls, and is a literary and in- dustrial institation, the trades taught | being brickmaking, bricklaying, carpen- | tering, cabinet-making, shoemaking, cook- | ing, dressmaking, printing and agricul- ture. Kach pupil is required to pay $8 per_month for his board and loaging, or perform that amount of labor on the six(y-acre farm attached 1o the college. Tiie institution cost, including the $100,000, and consists of four large ings, Stanforda Seminary, Dodge Hall, Huntington Hall and Ballard Hall, named after Leland nford and Coliis P, Huntington of California, and W. E. Dodge and St-phen Ballard, each of whom donated $10,000. The colliege is under the auspices of the African Methodist Episcopal Zion Church. The bricks used in the builldings were made and laid by the pupils and the lum. ber was cut and prepared by them. All the buiidings were erected by the pupils. ——————— Tn Germany the census is taken every five years. ety TO CURE A COLD IN ONE DAY. Take Iaxative BromoQuinine Tablets. Alldrug- 1 isls relund the money M it lails to cure, 250 cial secretary of Livingstone College at | , | crank, had bit upon the secret of aud had | when they were exhibited on Broadway. | New York, and with the appearance of the pictures everywhere the semsation will be | intensified. | | Here in San Francisco a young scientist | s making photographs in natural colors by a method that will make Chassagn | wonder get off the eartn into the historie when it is got to working jnst exacuy | rizht. This assertion is made on the authority of T. P. Andrews, a well-known photo- c dealer and expert, and one or two The inventor's name is a secret, | as is his process, but the fellow has nailed | the principle and has producea colorea | vhotographs tbat are wounderful, it is | said. | "By Chassagne’s method an ordinary | senaitized plate is first treated by immer- | | sion in a secret so!ution. Then It is used in the ordinary way, and when developed | cannot be toid from an ordinary negative. | The print is made from this negat | the oriinary way, but on a se paper trealed wilh (hat same mysterious solution. This prini, again, shows noth- ing different from tne ordinary one. This | print is then passed successively through thiee colored soiutions-—blue, green snd | red. The mysterious soiution with which the paper was treated has given it a power of selection by which it takes up the exact amount of eac color present in the subject of the phutograph. So perfectly is this done that every tint and shade is | reprodaced. | “-Our man is working on an entirely | different principle,” said Mr. Andrews, | while speaking cantiously yesterday, and his method is vastiy more simple. He | says that his discovery is -based on prin- | ciples of light and chemistry quite differ- | ent from those of the Frencliman.” A year ago, as the reliable story is gath- | ered, this local inventor who had for many | vears been an expertamateur photographic made photograpbs 1n colors. He was pen- | niless, wanted capital, and went to Mr. Andrews, who talked with one or two m of large means. It was a business propo- | sition wholly. The pictures were crude nd the process complicated and uncer- | tain, though the principle and possibility were there. The French invention bas already been sold to an English syndicate, which will upply the plates, paper and liquids and sell territorial rights to sell them. The | value of the invention may be judsed | from the Iact that the company has just refused £30,000 or nearly $150,000 for the right to Germany, besid, on all sales. The l.qui factured exclusively in Paris by M. Cha: sagne and shipved thence 1o the branch establishments all over the world. and overplaids ; regular price $10 ; guar- anteed pure wool. the latest colorings in exclusive designs ; regular price $15 ; guaranteed pure wool. Sale Price $8.50. Cutaway and Sack Suits, in serges, tweeds, cassimeres and worsteds. Former price $17 co. Guaranteed 1 gray and olive shades, Verydressy. Sale Price $10.00. OVERCOATS AND Cutaway and Sack Suits, in fancy TROUSERS. Scotch cheviots, in the new brown, Overcoats in latest styles from $3.75 to $10. Trousers, guaranteed Regular $20 value. pure wool, at half cost, $1 75 to $3. Guaranteed | pure wool. Remember, the Government estimates an increase on wool alone of $25,000,000, and we could not run any chances, so overstocked our warehouses in New York, and now we must have money to meet the obligations extended us by the banks. Our success was so great that we advertised to keep open our doors till 8 P. M. to accommodate the throngs, but the crowd was so large that we found it impossible to close the doors till g P. M., when our force of help was worn out, and we cried halt till the morrow. Come éarly if you can. SNWOOD:sCo (COLUMBIAN WOOLEN MILLS), 541 MARKET STREERET DIRECTLY OPPOSITE SANSOME. By Special Request Wo Will Keep Open Every Evening Until 8 o'clock During This Sale; Saturdays Until 10 P. M. MAIL ORDERS FILLED DURING THIS SALE.