The San Francisco Call. Newspaper, June 5, 1897, Page 9

¥ ¢ SHOULD NOT A\ THE SAN FRANCI SCO CALL, ATURDAY, JUNE 1897 | cisions of the courts that such an nfor- | mation is perfectly valid. | . There might also be a race between the | State attorneys ana those of the defense. | If the Supreme Court does not_intervene |in the case the State’s attorneys might | bave Durrant senteuced to Le hangea j#gain. Then the Federal Judges migzht | desert the City, as they left New York to avoid the issuing of writs in the electro- cution cases. Then before the applica- | tion could be made for a second writ Dur- rant might be executed. In other words, there might be a race to execute him be- tween writs. DEATH WATCH REMOVED. Durrant Visited by His Attorneys * and the United States Marshal. Nps | In Good Splirits. Mrs. Durrant Tells Whyj SAN QUENTIN PRISON, Cat., June 4. She Would Attend Her Theodore Durrant came out of the grew- Son's Exscution. some death chamber this afternoon to SEVER TH breathe once more the fresh air and face a prospect of many months, possibly years, of life. Warden Hale was served wiih the officia! notification of the granting of the HE, ALSO, EXPLAINS HER | #bpeal by the Circuit Court this afternoon | { and promptly ordered the death watch re- | DEVOTION. moved. Ten minutes later Lurrant -vas standing in Captain Edgar’s office chatting ———— cheerfully with his attorney, Eugene F. Deuprey. | | Afterward he was removed to his old DS | quarters in the condemne ¢ row. 3 | " United States Marshal Barry Baldwin | was the master of ceremonies to-day. Baldwin arrived in company with Attor- | | neys Deuprey, Garter and Boardmau at 0 and promptly proceeded to serve on Warden Hale the records of Judge Gil- bert’s court. Some of the Queer Ques Arising in His Case and That of Worden. |and embrace’ his mother again.. M window, and this afforded him a favoriie | pastime. At otner times he wouid listen | intently to the chirping of the sparrows | that reached him through the open win- dows. On Tuesday the prisoner and Death Waich Miller struck up a decided ac- quaintance when they pot to discussing a bicycle trip Durrant took some years ago in Calaveras, Tuolumne and ~ Amador counties. Miller was born in that neigh- | borhood, and the two talked for almost an hour, recalline incidents and-localities familiar to both of tnem. Since his receiving the news yesterday that his case would go to the Supreme Court Durrant manifested_impatience to leave the death chamber. The time of his removal was the consiant burden of his inquiries of the death watch. He told | the guards that he would give his life | readily to shake hands with his father Durrant did not v:sit the prison to-day as expected. Attorney Tubbs put in an ap- pearance this evening and spent an hour | with the prisoner. | Durrant said to a CALL reporter: | *“‘What were my sensations in the death cbamber? They were not pleasant, of | course, but 1 hoped and prayed even in the darkest moments. The guards were kind and obliging, and 1 tried to be as pleasant to them. There was visible through the window a small pateh of the biue ocean, and it was the one bright spot in the gloom. The twittering of the spar- rows was music. No one can appreciate the music of birds until they have been in my position. It was very warm @p there | at times, so warm that I thought I should have fainted, buf,of course, my lot was made as pleasant as possibie. t “‘Guard Miller was espevially good to me. 1 found that he and I were almost acquaintances when we got to talking JUDGES MIGHT HAVE TO FLEE | FROM TROUBLE. Deuprey then_ asked - permission to visit the prisoser. The Warden order-Durrant | brought down from the deatb-chamber 10 | Captain Edgar's offices. | | Baldwin, Boardman and Garter were | present at the interview, the first purely The Condemnsd Mea Might B: Hanged | in the capacity of a curious spectator to g e | see the prisoner for the first time. Dur- | Between Writs or in Spits of ant was overjoyed to see Deuprey. He | Frivolous Appeals. shook bands cordially with the other three guests und thanked his attorney re- (‘ peatedly for his efforts in Lis behalf. | Deuprey told him that he was & itfe until after the October term of th vreme Court ana zaded the prophecy that he would live to yet walk out of prison. | Durrant controlled his emotions with | e of Su- hore was mnothi; portance in ether case y g of startling im- he Durrant or Worden esterday, the attornev$ on both | WHY MRS. DURRANT WOULD ATTEND HER SON’S EXECUTION. l ‘ I have received m. how | have m y letters, d Mrs. Durrant last evening, “inquiring ged to bear up under the awful experience | have passed more especially, my reasons for intending to be present at son. To explain in full my reasons for determining to be | to the last would require more space than need be given to d have to give an account of his boyhood and his home life. r of minor reasons might be given, they would all be included e with which it would be my duty to comfort my poor child. hy my determination to attend my son’s execution should Why should 1 not be with him to the last? If a boy an engine, and carried to a house near by, would to come to dying bedside and comfort him? | be wrong and unnatural if she should. not do so? | I know that he is innocent, and if he h him to comfort him with a mother’s manner of his death. , if my sor. should wish or permit in case the execution takes place, I would e with him and comfort him all I could.” e led to survey the situa- | difficulty. There was nothin, the the reul fight lateron, | Young man who beard the news of his > es, Assistant D strict At.|Dew lease of life to suggest the despair- - Sacramento, claims to have dis. | iBE Man who two nights agn lay on b b N e > | couch under surveiliance. Tuen he w: made by the pizture that o s. can frame, for aside f thorities and & death-cham ber »m all reports ¢ 1lated by his varents that their son w: ng for the | bearing the ordeal bravely these four days here woula | bebind the gallows’ screen tore away the g mask of immiobility from him. e court 10| "1y prison parlance Durrant 1it Judge could | hayly as his chances lessened. After the | order aeclining | visit' of the father on Wednesday last be an appeal | there was & complete collapse. He <ent | e writ, but the | his evening meal away uniasted, and | o consider the | withdrew to the privacy of his couch, not | fused to make | to slsep, but to moan in anguish 1he en | tire night. The death watch ook a chai; flunked to award WHY DURRANT WOULD HAVE DESIRED | HIS MOTHER'S PRESENCE AT | THE EXECUTION. | J SAN QUENTIN PRISON, Cal., June 3.—Durrant would have wished his | ther to see him die if the end had not been postponed. “‘Her presence at the | Looking back | r days | spent in the d=ath chamber | would have had her by my were possible. As a good son and an innocent man I would have my er see that | would not die like a coward. My dear mammais | It has broken her heart to see me in prison, but it would kill her, I | eve I could not face the end with an unfaltering face after the | ve suffered. Mr. Deuprey and other frisnds have been but after all there is no comfort like sympathy from one’s own flesh th chamber it was not the fear of death that worried me e anguish | knew my father and mother were suffering. My father chr than I at our last int:rview, [ believe, but he has been brave in the hour of his suffering. He has always told me there was still hope even v = world seemed determined to crush m:. Itwas the same with mamma. When | felt that I would be glad if it were over, her and her whisperings f love in my ear haVe lifted the clouds. obody likes to see his mother cry. | When she said ‘My darling Theo, I wili be with | ma 1 brave woman. you to eer you up at the very last,” | felt then that death had lost haif its terrors. would have created no scene at the scaffold. E s too brave and too good to fqrego an ordeal, however trying, that | 11d have been of aid to her broken-hearted boy. Not every one has such a other as . Everybody believes theirs is the best mother in the world, I sup- pose, but to me mine seems almost an angel.” Mamma is not that d States Attorney Garter and | close to his bedside in 5 there could be a multiplicity of { very lonely vizil. The prisoner lay on his writs of babeas corpus in the event of [ail- | stomach for hours at & time as still asa e in the Supreme Court; but if the Su- | dead man, with the exception of the eme Court ever pusses on tne case ad- | groans that escaped bjs lips constantly. ly once Aitorney-Genera! Fiizeera:d To hide his weakness he repeatedly at- the cage to keep a | will advise the hangman 1o proceed with | tempted to cover ins head with fhe cove: is work. In other words, if the Supreme | lel, bui this movement the guaids inter. | L once passs on the Darrant case | preied as affording a possivle opporiunity es u writ the State autnoriiies | lor some elt.rt at seli-destruction, and &s hang tne doomed min in ~pite 0! the | often thwaried it | hinical point in the Federal 1aw. Th: death waich say he was a model question that seem e Durrant case is th wge. He was o ssivgly cbedient to | ot their every wish. Fot hours at a time ne constitutionality of tie double | would aimlessly pace his narrow quarters, sument. The conténtion that an in- | but not once did a cross w.rd escape bim. rmation by a Disiriet Atiorney is not is laughed at by most lawyers, for they say it is one of the best settied d In spite of the :creen tnat e death veloped tne mber e could ge: a glimpse of patch of sky through the prison « sma NEW TO-DAY. Effervescent—Palatable Superior in action and’ : effect to all [4 other aperients, g ¢ [4 ® A refreshing remedy for the cure of Con- stipation, Biliousness N and Sick Headache, soc. and $1.00. All Druggists,” TARRANT & CO. Chemists New York about Tuolumne sad Calaveras counties. | I used to go bicycling in that country, and it seemed like old times to hear Miller talk of localities I had visited. | *Have I hope of final acquistal? T be- lieve s0. My mother savs she now hopes | to see me walk out of prison a free man. My attorneys tell me I will yot get a new trial, and I can but wait and hope.’ { Durrant closed with expressing his ap- preciation of the invariable kindness of the prison authorities. D S MRS. MARTIN’S DEFENSE. She Speaks to a Small Audience in Favor of Durrant. Mrs. John Hoffman Martin spoke to a small audience at Metropolitan Temple last night in behalf of Durrant. She said some uncomplimentary things about Cap- tain Lees and the press. Mrs. Martin's losses on her lecture will be about $150, as her expenses amounted to that sum, and the receipts were but $1 -— WORDEN REPRIEVED. Governor Budd Has Postponed the Hanging Until July 8. SACRAMENTO, CAL, June 4.—Gov- ernor Budd telegraphed his offic y that he would grant a reprieve to Salter D. Worden until July 8 He deems it wise to reprieve him in view of the At- torney-General’'s opinion, and it the up- peal to the Federal courts ac's as a stay of proceedings no harm is done. If not, the Teprieve saves complications and uncer- y. In either case it may prevent the ssity of resentencing and tue grave question connected therewith. The Governor says that the matter affects ali criminal procedure in this State. Fire on San Jose Avenue. A larm calied outibe enginesat 1:30 o'clock vesterday morning for a fire in the residence of Paul Schultz, st 1620 San Jose avenu The bu . F. Ferres, and Paul Sc were badiy ng a loss of § No iusur The cause of the fire is uuknown. MRS, THERESA ABELL AND THE DIMOND CASE. The peculiar suit of the Penn Mataal phia against the Union Trust Company of plaintiff company shall pay the $10,000 p General W. H. Dimond, was called in the United States Circuit Court yesterday The parties in interest in the suit were present in force, before Judge Morrow. 1%z daughters of General Dimond, Mrs. paced the gloomy corridors of -the Federal Theresa Abell, with Mrs. L. Barry, occupie room. The case, although called, was not taken up in the morning, but at2 o’clock Mrs. Barry was placed on the stand with the purpose of showing the relationship said to have existed between Gen- in tue afternoon tiie battle was Begun. eral Dimond and Mrs. Avell and also as to Genera! contrary to the practice of the United Stat jec ed to the introduction of the policy, an. up t e entire a{ternoon session, with 1o te The policy under dispute was made ou made it “irrevocuble.” It w ing. Mr. Platec! one partv to the contract had committed the change in the contract without the to it. Had both been parties 10 the error t eriy asked to correct i'. W. M. Cannon snd Frank Freeman, vosition, and Judge Morrow took the question under advisement. The case went over until Tuesday morning. imond in favor of Mrs. Abell, his fiancee. Horace Platt, as counset for the trast company. estate, objected 10 the witness being allowed to test however, revoked later in the zeneral’s hanawrit- imed that the attempt of Mrs. Abeil to have this contract “re- formed” inits terms could not bs done under the As it was, Lowever, this could not be done. those who must take upon tneir shoulders the burdens whicu have come suddenly upon them. “Let us offer sympathy, assistance and 1ove, with the determination that those who bear his name may have no cause to bear with it anything that is hot of iair repute. “O God, resolve all doubts in their hearts in' due time, and be thou with them in their darkness to cheer and guide. Cause us to turn toward them in their sorrow in a spirit of brotherly love that has no room for cruel questionings.’’ The Knickerhocker Quartet, Messrs. Lawrence; Elliot, Crane and Larsen, beautifully chanted the foliowing se: mental ‘funeral hymns: The cha “How Dark the Road We Go, “Sleep on, Good-night, it is Morning Now le THE GRAVE Isaac Hoffman Interred. awakened anew the saduess in the hearts His Death Clouded in | °'fjs™mgaiaine relatives and friende Mystery. 5 BODY CARRIED TO t, honorary pall-bearers: Julius W. Rapbae Sig Greenbaum, Joseph M. Rothchiid, Joseph Navhtaly, Henry B. Harris, B. Joseph, J. Platsbei and Sol Leveck. The floral tributes to the memory of the deceased were magnificent, ana all but hid from view the somber casket. Among the most striking was a broken lilies, white carnations and roses, the tribute of the broken-hearted widow and her children. It was marked ‘“From Dora and the children.” A broken wheel of choicest blossoms was placed near the casket by the em- ployes and was inscrived, “Gone but not forgotten.” Smilax and immortelles were strewn in profusion, and their dark hues enhanced the bold relief of the great masses of snowy lilies ana delicate tinted blossoms. At tne conclusion of the services the re- | mains were taken to the cemetery, Hills of CAPTAIN BOHEN'S VIEWS ARE WAVERING. | Eternity, at Emanuel station, Sth Mateo County, aund consigned to tae grave. While the impressive services were be- | ing held over the body the detectives, en- 2 5 2 deavoring to unravel the coils of mystery, He Is Not Fositive Now That the | labored on, Merchant Was Re:ponsib e for His Owa D:ath, HIS FUNERAL SERVICES IMPRESSIVE., While the Mourners Wept, the | Detectives Continued Their Labors. ‘that the impression given out to the pub- lic by some of the newspapers that Lis de- partment had ceased all investigation ir the Hoffman case was not founded on fact. “The night the matter wasrey Captain Ben Bohen was busy elsewiere and unon a personal request of ther tives I took the case in hand.. I worked The funeral services were neld in Od1 | on it until the next day after the autops Fellows' Hall at 10 o’clock. Many friends | I then turned the entire sff.r over to of the deceased merchant attended the A ehildien S| T want this to be well understood alco, forted the wi anc nerchildren. The | ang that is that tois office is not m services were conducted in a solemn and | of a lot of boys. At Ro time wa | given out that the case was rs. Rabbi Nieto’s funeral er. We have not yet concluded ess was an impassioned one, a plea | OUF Investization and until we do arrive a: g the belief that the man who lay | ® P 2Nl MOt Hexprbans an in death in the mids: of his mourn- Isasc Hoffman, whose tragic murder is | veiled in derkest mystery, was yesterday laid in bLis grave. on the case. impressive manner that moved the con- gregation to te add ser tain of Detectives Bohen, who at first ng friends had with bis own hands | was positive that the merchant had ended severed the thread of hfe. With swaying | his own life, yesterday wavered from that body and a voice softened by emotion the | OPinion and confessed that many of the rabbi told of his desire 1hat his people | Circumstances of the case point to murd-r. e ‘I may say with perf, candor that the idiate now and always any | 4. o implication that Issac Hoffman met death | gerio by his own hand. “No one,” s saw Isaac Hof the morning lopments of us doubt in m | Hoffman met his death,” he saia. d the rabbi, “who ever |are many things that point 10 s an leaving his home in | while, on the other hand, th are certain his beloved little chil- | phases of the case that indicate m dren clinging to him to the last moment| *It would be eminently unfair fc that any actof his has brought | express a positive opinion now. about this great sorrow and bereavement. | new fact cropping up every « that concerns us now in onr | I can possibly heip it, there will b hits of the man is what we ourselves | quest until afte nave known him to be—whnether he in his | possible clew to-da have raised ind as to how Isas if possible, to reiations with us was honorable. { bave tne books experted beiore going “ refal world the integrity | into the inguest. of was never questioned | “I when he n Let us then draw | the book=, speara the curtuin before unjust suggestion now, | should say th: was not as it nC t the iale gossip thatisunwortny | should ve. O it will take an of this solemn hour vert to determine the exact condition of “We can o hi for the dead. But | aff if one of you has in your heart any grain | _Yesterday mor at 9 o'clock, at of ect for the brother who lies before [ Chief Lees' bidding, Fizel, the firm's you . let him show it in good and | bookkeeper, calied at tne Batte eet turned ceriain papers ov | the detectives. Chiei Lees is extrer reticent as to just what bearing t | have on the case, but as he goards them they hav some imypo-tant link | An expert accountant is now en on the books of the nirm and it is probable that the investigatio light on the motive that lea to Hoffman’s murder. Captain Bohen was present | whiie the experts worked and intently | watched the proceedi | Figel was present and from time to time explained accounts, labor whica wil fali to hislot for severul d st w take some time to complete the work Harrv Morse’s men are busily engaged in getting facts to her on which to build afirm theory before they commence the inside investigation. The employed detectives, it is said, are working on the belief t ata murder committed, the majority of the circumstances of the death pointing that way THREW FRUIT OVERBOARD Chief Food Inspector Dockery Made a Raid on the Commission Men Yesterday. kindly offices 10 those who remain—to |Store and jea evidently div Chief Food Inspector Dockery of tne Boara of Health made an important raid yesterday that resulted in a jarge amount of decayed fruit and berries being thrown into the bay. He visited a number of commission- houses in the business portion of the City, and in places found cherries that were so far gone as to be deleterious to nealth. In one house thirty-two boxes of cuerries were seized and 1n another place twenty- one chests of strawberries were found moldy and foliowed the cherries into the water. Wherever dirty boxes were found they were broken up and the mangled r-mains consigned to the bay. The dealers were compelied 1o use their own wagons in con- veving the siuff to the wharf. Tnese raids will continue as long as the Iruitand berry season lasis. A MATTER OF DUTY. Euling of the Late Collector Wise. ‘The appeai of Claus Sp-eckels from the ruling of the lat Collector Wise in the matter of the levying of duty on farming machinery imported from Germany will | be forwarded to the General Board of Ap- praisers. Mr. Spreck:is purchased a complete plant of farming machinery in Germany, consisting of vlows, hoes, harrows, ete., to be operated by tno engines. Itarrived some 11me azo on the British ship Howth. There is mo duty on farming touls, but Collector Wise ruled that this plant did uot come under the provision. Np excep- tion was taken to the leyy on the engines, e | but the appeal was taken from the sssoss- ment of $4805 on the other machinery. —_———— BLAZE AT SUNN{SIDE. Two-Story Building Destroyed — row Escape of the Tenants. The two-story frame buiiding located at 1620 San Jose avenue, owned by Mrs. V. Ferrea und occupied by Paul Schult grocery and saloon, was totdlly aestroyed by fire yesterday morning between 1 and 2 0’clock. The flames were first discovered by the motorman of the lastcar of the San Ma- teo eleciric line, which passes the duor, and he immediately aroused and family, who used the upper as a dwelling. The tire : aised sucu headway that the occupants of the ing bar-ly escaped with their lives, engincs from Ocean View responded to a cali, but owing to a 'ack of water and the inflammable nature o! the buildin:- their eports were of no aviil. Loss $2400, in- surance $1600. Life Insurance Company of Philadel this City to determine to whom the remium on the life policy of the I Paul Jurboe and Mrs. Joseph Tobin, building with their husbands. Mrs. d sats with their counsei in the court- Nur- the making of the insurance policy by which is the trustee of the fy, on the ground that it was es courts in such cases. He also ob- d & long argument ensued, which took stimony tazen. ton a printed form, the terms of which ted States laws where only the vrror. General Dimond ha! made owlzdge or consent of the other party he Uniled States court might be prop- counsel for Mrs. Abell, opposed this The fac-simile signature of Bloved,” and “Good-night, | column of | & Chief of Police Lees stated yesterday | ;i s | & Bohen, who is still working with his men | | MARKET ST, €0k TAYLOR AXD GOLDEY may throw some | Bookkeeper | asaj| B W TO-DAY—DRY GNOn ¢ THE SELLING OUT, g 2 SHUTTING UP AND § WINDING UP *THE MAZE? ol ng individual o L items or their value, for there isn’t an article in our stock ol o that isn’t under value, marked down from our original & s selling price to one lower than any merchant in business e l"" can afford to sell them. This is an unusual occasion—we L ’fs? need not tell you that. It is probably the first time in the ots =" history of San Francisco that a concern of our magnitude 'b has voluntarily retired from business and offered the !‘?‘ stock at prices such as ours A variety of Silk and Wool | ¥ Scotch Tweed Effects and Knotty Wool Dress Fabrics are | #9 offered at 29c. These identical 1abrics you’ll find in every dress goods stock at 50c. As a sample of how notions are sold during this sale 5c buys a velvet finished Dress Shield, sold everywhere at 19:. In Wash Fabrics we are showing at 5c a yard Handsomely Printed Fine Lace Lawn or Dimity Effects, that were 10c before this Big #* drives in Towels, Table Linens and Muslins. This the “* way we sell veilings: The Large Colored Chenille Dot e Veils, that are 50c and 65c around town, while they last are 25c. The greatest bargain in Men’s Suspenders, at 15¢, you ever saw is here. Ladies’ Short Back Sailors, at 25c and 3oc, that we formerly sold at 75c and $1; they are up to date and ' hummers in millinery value. All the leading brands of Corsets at slashed closing-out prices—Warner’ ty’s, W.B,,C. P., P.D.and C. & C, Ladies’ Lawn and Percale Shirt Waists at 3oc, 45cand 55c that are genuine bargains at 75¢c, $1 and $1.25, i 3 » Her Majes- % BARGAINS IN BLACK SILK DRESS SKIRTS. STORE OPEN "8 -A. M. TO 10 P. M. POSUCSCOIBTBOTO g&%fimfw@efi , 2 ¢ 9He Movze last night with ¢ nited and were bei s of th n and boys we ames. The people ed WO HIT TWELET, THE CONDUCTOR? SWINDLERS ABROAD. Warning to Patriotic C; ens From the Grand Army of the R puablie. he ollowing CO. N io: - A Strangs Case Wihero a |, .., 250k Sbitaion, e Manvs Double Caused It has con head- Trouble. (s or the G. A. 0 e act that gr that y Joseph Shackleford Arrested for James McC usky’s Pugi- listic Blows. s cauti y sum wh Assista; e NEW TO-DATY: Juige Joachimsen Struggles With a Mystery as Grave as “Wbho | Struck Billy Patterson ?” The question, “Who thumped Con- | ductor Twelet?” promises to become as | big a mystery as the old problem, “Who struck Billy Patterson ?” | Poiice Judge Joachimsen had about de- | cided to convict Joseph Shaekleford of verely battering Streetcar Conductor Twelet, until a mystery arose in his court yesterday morning. This was owing to vresence of one James McClusky, Shackle- ford’s doubl £ Now it comes to pass that Shackleford | and his wife swear that he was in bed at his home on the night of May 17, and at the hour when he is charged with having punched the conductor’s nose auring a dispute about a transfer, Shackleford is an honest, harc-working | teams:er, ana McClusky, who says he | properly “put out”’ the conducior in a | lively bout, 1s a salesman in a furniture- { | store. | McClusky dropped into the case itke a good angel just before the time set for the sentencing of Shackleford yesterday morning. He could have told more than he did tell, yet he told enough tocloud the judicial mind, and Judge Joachimsen will ponder over uis verdict until Monday. McClusky's evidence directly contra- dicied that of the unforturate conductor, | who ran amuck wi'h somebody’s fists. He said: “I was present and saw the fight just as the car was nearing Twenty- fourth street. I know that Shackleford is not the man who punched the conductor.’” ““Who hit the conductor?” asked Attor- | ney Edwin M. Sweeney. i decliue to answer on the ground that my reply would incriminate me.” Then ihe attorney called the attention | 4L Froseut Tnsunty’ end ‘Conus of the court to the remarkable resem- | tagen s iy Theizue shows immodiate | biance between o Stackieford and Mc- | g pon havineg tho gencine itz usky, whereup: e cuse was con- = - SRd The conductor had positively identified | package; or six pkges (fall Shackleford as the man who thumped | @ail. inplain wrappor, upon re will build you right up from a condition of lowest vitality to strong, robust health. Contains the highest percentage of nutri- tive matter of select malt in liquid form. Is a Non-Intoxicant. All Druggists. VAL BLATZ BREWI:G 50., MILWAUKEE, WIS, U. S. A. 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