The San Francisco Call. Newspaper, June 15, 1897, Page 9

e i THE SAN FRANCISCO CALL, TUESDAY JUNE 15, 1897 9 A FEW COINS AND OLD CLOTHE All That Remains of the Once Large Personal Estate of Boogar. Litigation Has Eaten Up Most of the Murdered Man's Fortune. rt Orders Everything to Be So'd So That the D.bis Can made to-day foretelis last of the once erson and Pat- granted permission to estate 1o pay debts t deal to sell to raise inventory states that there are s worth §175, s e we 3 85, a trunk ot old clothes, worth perhsps $3 50, and $411 In addition to ihis there area few pieces of real estate, but it is hardly sed that there will be a very heavy idend to pay on the debts should the ost faney prices be obtained. Wien Philip Boogar first came into no- toriety several years ago he was a wealtk man. His fortune was variously es mated at from $60,000 to $100,000. Then gaton began. Boogar married a young fe und soon afterward it was alleged he attempted 1o poison She had him arrested for being insane, and then divorce proceedings were begun. Boogar was de- clared competent, suit after an- s brougnt, & hber. one other w. d us the suits pilsd | up the estate dwindled When he | was shot by Collins, his father- in-law, there litigation. Mrs. Boogar stood her ther, and procurel him such adequate co hat at two tr 7 disagreed. Mrs. Boogar secured a family allowance ng the litigation an homesiead e got notn e estate. worth $£000, bt g from her hus- dent in the sensational suit of John Losher, a 3 against the estate for $1800 for services alieged to have been ren- dered to oid Boogar in shadowing his w According 10 Mrs. Boogar this detective made life miserable her, and now he t s ment from the estats which the widow 1 would remain for-her. As:oon s possiole t e property will be riminal charge year or so, and when George Kn ) witn the Fair will case he w 10 the charge of murder against his client. 10 CAWP 1 BOHEMIA, The Advancs Guard of the Boys’ Brigade Leaves for the Rus- sian River. st Col Many Companies Wiil Folow To-M r- row for the Anrual Encampm nt Ladies’ Aux: iaries to Camp. Oax: xD OFFICE SAX FRANCISCO CALL,) 908 Broadway, June 14, The advance guard of the Second Cali- fornia Regiment, N. B. B., consisting of Colonel A. W. Taylor, Lieutenznt J. A. Hanley and about ten privates, left on his morning’s train for Bohemia on the Russian River. The famous caterer, Hal cook will again accompany and thus insure first-class commissary line. The advance guard will thing in readiness for the regiment ana the auxiliary, which will follow on Wed- nesday morning, June 16, Major Moore's company of San Fran- cisco will also accompany the regiment, Laving been invited some months ago. The camp has been named after its popular Colonel, Taylor, ana friends ad dressing mail to the boys will have to be careful and not l1aylor, a station on the same line. Tne camp will be in chargs of Colonel A. W. Taylor of Alameda. L eutenant C. G. Bird will have iull cuarge of the quartermaster’s department, and Lieuten- ant J. H. Cobbledick will manage commissary derartment. Lieutenant J. A. Haniey is in charge of the advance guari. Major H. Fine, M.D., of East Oakland will again act as surgeon, and it is hopei that he will not be requirea to dress real wounds this tinie. The following companies will probably thow up in goodiy numbers: Company A, Alamedu, Captain E. Jones; Company han, and his the regiment service in the have ever Alemeda, Captamn E. J. Waiker; Com- pany t land, Lieutenant H. Woodcock; Company E, Alameda, Cap- tain Victors; Compsny G, Sacramento, Captain — Company H, West Berke- Jey, Capain W Joddy ; Second Regi- ment, Hospital Corps, Alameda, Lieuten. tenant B. Eliot; Company I, San Fran. cisco, Major Moore; Ladies’ Auxiliary of all 1he churches in charge of Mrs. Jones of Alameda. GROCER AND FOOTPAD, The Milkean of the Former Proves Too Much for the Revolver of the Latter. ALAMEDA, CAv, June 14 —Late Satur- day night Ludwig Warnke, a grocer doing business at Railroad avenue and Willow street, was clo ing his store when a man crossed the street and stood for some min- utes watching him. Warnke glanced at bim, but paid no farther attention until suddenly as he was in the act of locking the door the fellow thrust the muzzle of a revolver into his face and ordered uim to yut up his hands. % z Warnke happened to have a milkcan in his hands, and, though greatiy surprised, without stopping an instaat to think of the risk, he raised the vessel bigh in the air and brought it down with all bis strength on the footpad’s head and shoul- ders. The blow aimost knocked him down \nd also stagg red Warnke. By the time ihe latier recovered bimself the fellow was running down Willow street at the top of his speed, and thougu pursuit was made he was not overtaken. The police were notified, but can obtain no clew to the identity of the highwayman. Attempied Suicide ALAMEDA, Can, June 14 — Dennis God.:ey, who tried to cut his throat with a pocket-knife while *‘crazy drank” tn the strect last night, was sent to Jail for the murdered Philip | confuse it with Camp | the | ALAMEDA COUNTY NEWS. five days this morning. bad not the faintest recollection of tue | occurrence. He had been working very hard and josing his sleep and thought he would take a drink. After the first drink he remembered nothing, It is known Godfrey said he bowever, that be visited & number of piaces and got more liguor, until he was craz thits eff cts. He then tried to cut bis throat. Thereis a striugent law against selling or giving liquor t0 a person aiready under the influence and itis sug- gested that this would be a good cus> {0 ake an example of the violator of that Notes. ALAMEDA, CAL, June 14.—The Tisdalo party returned from iheir tour to the Yosemite | tis morning, after a two wesks' trip. withon an accident or mishap of any kind. The ouly ng incident was the killing of a ratte e with fifteen rattles and measuring over r feetin length. The Encinal Yacht Club enjoyed a moon- Light sail on the bay to-night. The Alameds Boating Club has added twenty-six members to its roll within the last fou of school teachers and frier the next steamer lor Oregon Lo pass scetion. The funersl of Augus Graves, the de- | ceasea pic + Christ Church | 1n this efty to-morrow aiternoon at 2 o’clock During the past werk the poiice arrested | twenty-four drivers of wagons for not 4 &p ay- ing the numbers on their vehicles, as required by law SIDEWALKS DBSTRUCTED A Priviege That Has | Grossly Abused During Late Years. Stores Will N ver B: Rented Whil Business Can Be Done on the Street. Been | OaRLAND OFFicE Sy Fraxcrsoo CALL,] | 908 Broadway, June 14. { The Merchants' Exchenge is anxious that the Street Superintendent enforce the ordinance which was passed for the pur- pose of keeping the sidewalks freo for pedestrians, For many years encroach- ments have been made on the rights of foot passengers, until now it is impossible in many instances on a fourteeu-foot side- & for two people to walk abreast. Street Superintendent Miller has re- | ceived & communication from the E change g bim to look into matter. People who have occasion to use sidewalks have for years bsen making complaint that the ordinance was not en- ask 1k aski the and convenient s chants have erected turesome mer- gular shops on the | | forced. The last crusade against street | obsiructions was carried on in such a }hm azard, discriminatng fashion that it aroused as much »athy for the vie- | tims as commendation for tbe officials. | Nothing csme of it, however, and the | crusade’'ended where ‘it began.' Its cffect | was bad, because it made offenders more | bold, and instead of ma g harmless | | sidewalk, some of them ending out five or «ix feet, and keep a stcck and manufaciory on the public street. A notable instance of this can be seen at Thirteenth and Washington streets. A man built a store on ihe street ich he manufaciures his candy ar i has fitted it up with a he. counte nd rows of | sheives Under or- | dinary conditions store would be worth a good rental in such a locality, ana the taxpayers intend, if possible, that suen | | | violati n of law to their detriment shall {Bog bs permitted. | | In the district occupied by the commis- sion men is also a great desire shown to the sidewalk, and frequently more than a there monopolize not liberty. All over the city there are small stand<, many of which have no legal right to beon the sidewalk, and a general en- forcement of the order will be very diffi- culr. The ordinance covering the matter say that no one cau monopol.zs more t an | eighteen inches of the s:dewalk from the | frontof the store, anc if this be carried out the corporation yards will be filled with fruitstores, candy-stores, tamale- stores, bootblack-stands, news-stands and {all manner of signs, 8s well as wooden | Indians and large blocks of coal. Sk e -~ GOT THE FEVER. Sentiment in Favor of Merging Berke- | ley Into Greater Uuk- land, BERKELEY, CaL., June 14.—Berkeley has to some extent become interested in the annexation scheme, and many cit zens are anxious to see the college town come under the wing of Greater Oakland, Those who are particularly interested in | the scheme are the residents about Ash. | ey avenue, near ihe new Oakland border | line. In the more densely populated sections, | especially near the university grounds, the sentiment seems to be thatsimple Berkeley is good enough for the present, and thot if tue town were merged into Oukland the *university community would lose its individuality. Will Bo Closed. BERKELEY, CaL., June 14.—The Uni- tarian church at Berkeley will be closed during the summer until the tnird Sun- | day in Aucust. I The society has no regular pastor. Alger, who has bsen supplying for everal months, preached bis last sermon | ves erday and {o-day left for his old home | in Boston. SWALLOWED CA Mrs Rev. RBOLIC AQID. Thompson Is Driven to Attempt uicide Through Drink Mrs. Emiline Thompson, wife of Chris Thompson, a laborer, attempted 1o com- mit suicide at her residence, 722 Brannan streat, last evening by swaliowing a dose of carbolic acid. pital in the ambulance, and Dr. Thomp- son administered the usual remedies. She will likely recover. Her husband said she was & confirmed drunkard and had reached such a stage that life nnbearabie, so she resolved to die. Five years ago she made an at- tempt by jumping into the bay. She has three chiidren by her former husband, who are living in the country. MANY MEETINGS ARRANGED. Varions Dates Set for the Sub-Fourth of July Committeo The finance commitiee will meet at 7:30 o’clock this evening. The carriage com- mittee will meet at 8 o'ciock Monday night. The invitation committee will meet to-micrrow at 9 A. M. The literary committee will meet at 8 o'clock this evening. The decoration committee will bold a meeting at 9 o'clock to-morrow evenin d all bidders for decorations are requested to be present. The regatta committee will meet at 8 o’clock Friduy eveniug, and the commitiee on printing Tue:day next at 8 p. x. g, - The First Conviction. The first conviction in tae penny.ourchas. ing swindles was obtained yesteraay in Judge Jouchimsen’s court, Mrs, Jane Kennedy and M. S Gill of the Co-operative Penny-Pur- chasing Club were arrested a week ago at the instigation o Mrs. Ida Hughes, who had Leen swindled out o1 $25 by the two worthies. For some remson or oiuer ihe court did not im- pose the penaity of imprisonment, althongh the charge upoin whicn the conviction was had was that of petty larceny. Iustend, s fine of $20 was deemed suficient in cack case. third is at | Sie was taken to the Receiving Hos- | SAYS THEY TOOK HIS GYMNASIUM | Rev. James Blackledge Said to Have Formed a Conspiracy. George Bates Alleges That He| and His Sister Were | Victims. Miss Caroline Bates Said to B: Starv- ing When Rescued by Her Surprised Friends. OAKLAND OFFICE SaN Fraxcisco CALL,) 908 Broadway, June 14. | | A year ago George Butes was principal of the schocl known as the Berkeley Gym nasium and Rev. James Biackledge and | Jenn J. Moran were teacheis. Now Rev. Blackieage and Moran are joint princi- pals and Bates is a humble teacher. In & sensational complaint brousht by Bates against Moran end Blackiedge the vlaintiff asks for $72,850 and costs fora variety of causes which he alleges have | deprived nim of his school and his finan- ic.ul standing and nearly bronght about | the starvation, lunacy and death of his 1 beloved sister Caroline. | | Several years ago Bates established the Berkeley gymnasium. He cmployed Mo- i ran us a teacher and somewhat later em- ployed the Rev. James Blackleage to teach physical sciences and to act as vice- principal of the gymnasium. 1In this po- sition Mr. Blackledge had recourse to =il tne private books and letters of Principal Bates, and the confidence reposed in the minister by Bates is now alleced to be at the bottom ofall the trouble that followed. | thouznh on several occaxions Black- | ledge gave plaintiff his word of honor as a gentleman and us & minister of the Gos- | pel that he would never disclose anything connected with the private or otuer af- faire of said piaintiff to any one whatever, still, it is alleged, that “through the de- ceit, fraud, conspirac; wrongful acts, treachery and wrongful design, intentand purposes,”’ the Rev. Mr. Blackledge did, | in conjunction wich Moran, do damage 10 | the piaintiif of the value of $72,8 The plaintiff states that the false stories about him tnro: | meda County, wni ¢ spread ghout Ala- | n led some of his cred- | itors to attach the gymnasium. This Senator Lynch of Southern California, visited Oakland yesterday and was greete. by some voung fellows who subjected him 1o the ‘‘rush sct.” They “had known nim before,” and while in conversation one of them grabbed his money bag. Mr. Lynch fought with the robber and suc- ceeded in saving his money. The matter was reported 10 the police, and thev think ; | the thief is a member of {he sporting-li/e gang and a warrant for George Kelley has been issued. A Frightened Farmor. OAKLAND, Car, June 14 — John Schneider, a' farmer from Dixon, was stood up late t night. He went out with a couple of friend« to see the sights, and at Sixteenth and Hood streets z man with a white mask showed him a pistol d asked him to passout hiscoin. He only had afew dollars, but the thief took all and Schneider was so scared that | he cannot say whether the man was tall or stiort, fat or thin. i Oficials Must Make Inventorie OAKLAND, Car., June 14 —Sapervisor Taicott surprised the board by reading | the act r quiring certain county officers to file an amended inventory of the proverty under their charze berore July 1. This section is from the county government | w not known until the re<olu- as pre-ented. It will entail a lot nf extra work oa the officials, as the time is 85 short. turglars Steal Clothes. June 14.—Burglars lmer, on y , and car- reé overcoats, some -buitons, an embroidered center- and two new silk hats. Owing to the fact that all th valuables had been | ecurely locked up before the family re- tired the thieves did not make the haul they expected. Court Vacation Begins OAKLAND, Car., June 14.—The court vacation commences to-morrow and con- tinues until August 6. Each of the Judges will be on hand two weeks of the time by turns. The Probate department must be kept running continuously. but | J. G, SENDERLING CEMEFROM AFAR Bringing a Witness 3000 Miles to Testify in Court. H: Was Present When the Lace Jacchb Z, Davis Breathed His Last. Dececsed Tried to Dictate a Deed After His Palse Had Appar- ently C ased. who came 3000 miles to testify in the Jacob Z. Davis wil contest, was on the witness-stand in Judge Coffey’s court yesterday. The courtroom was thronged with interested spectators, who naturally supposed that a man who was sent for to come all the way from Philadeiphia ought to have a message of great importance to deliver. In response to George A. Knight's ques- tions Mr. ¥enderling told of the manner in which he came to meet the late Mr. Davis during the last visit of the deceased to the Eastern States in 1806. He also re- lated the circumstances of the sickness that culminated ia the death of the man whose will is offered for probate. After meeting Mr. Davis in Chicago Mr. Senderling went to his home in Puiladel- John C. Senderling, v forced Insolvency upon Bates,and when | he was discharged irom his debts he de- | clares that he had neither a school nora | | financial standing. Caroline Bates, a sister of the plaintiff, | also appears to be n party to the com- | plaint. Moran is said to have obtained irom Bates and his sisier apraratus and furniture reasonably worth $1500. Caro- line Bates was engaged as a teacher i school established by Moran and Biack- loige, known as the Peralta Hall Acad- | emy, and as part payment for her services | agreed 10 provide her with reasonable board and lodging. This part of the pro- | gramme was not carried out, for the heulth of Caroline was gradually undermined be- cause of the poor quality of the iood, and | | she was further injured by the unmanly | threats made by Moran to her. It is ai- | | lezed that Moran toreatened that if she | | persisied in pressing her just claims against him she would be deprived ot tne little property the law had left her, and | would be discharged from the school. Ihis treaiment must have gravely affected Miss Bates, for it is alleged that she ‘‘became seriously and permanently ill, utterly collapsed, physically and men- tally, and for a time was entirely withoat sense or feeling, and that defendants neglected to care for her properly, did not notify plaintiff of his sister's condi- | tion, refused to send for necessary medi- cines and gave food of any kind to her | only at long intervals, ana plaintiff on in- | formation and belief alleges that Caroline was prevented from starvation and dea'h only by the acc.dental visit of a friend.”’ | Georze Bates deciares that he has now been “‘compelled to secure employm nt as a teacher in the City of San Fraucisco,” and thinks that the sum mentioned, with | fcost for his attorney, H. D. Talcott, will | adequately recompen=e him for nis mental { and physical sufferings and those of his sister. 'SHEETS FOR A LADDER, Two Berkeley People Escape From a Burning Buil¢- | ing. Mr. 2nd Mrs. E. C Hili Make a Trust- worthy Lifeline of Their | Bedclothes. BERKELEY, CiL, June 14.—With a lifeline consisting of sheets tied together Mr. and Mrs. E. C. Hill of Cedar street, North Berkeley, escaped from the second- story window of their burning dwelling yesterday morning. The couple were awakened from sleep by the roaring and crackling of the flames about them, and arose to find their room clouded with smoke. Gatbering together what few ar | cles of clothing they could they siartea | for the stairway, but this mrans of exit | bad been cut off by the blazing fire and the | dense smoke. The window was their only means of | escape. Tying the corners of two sheets together and fastening one end to a por- tiere, they lowered themselves to the ground. Inspector Wooster of the Ala- 1neda Water Company was one of the first to arrive on the scene, and he lent to the escaping couple what assisiance was possible, By the time they had made their tragic €ecape from the burning building by means of the impromp:u life-line a fire company was on the scene. The firemen did effective work, and saved the building from absolute destruction. Tue loss of Mr. and Mrs. Hill is placed at about $300. ————— PATRIOTISM HELPED DEATH. Ralph Pierce Dying as the Result of Last Campalgn. OAKLAND, Cau, June 14—Ralph Pierce isdying of consumption at Fruit- vale which was largely aggravated by bis display of loyalty to the Republican cause at the great Tom Reed raily last No- vermuber. Oa_ that occasion there was a meeting at Fruitvale, and Ralph Pierce and Arthur Turnbull volunteered to at- tend to the loading and firing of the can- non. W hile stooping over an open box in which the powder was kept it was ex- vloded by a spark and both men were se- riously burned. Pierce, who is sixteen years of age, has been confined 10 his bed ever since. ~ He was previcusly subj-ct to consumption, but the flimes aggravated it and he is not expected to survive much longer. Lynch Mot a Robber. OAKLAND, Car, June 14 — George Lyneh, a mining man and brother of JOHN C., SENDERLING, Who Came 3000 Miles to Testify in the Jacob Z. Davis Will Contest. no other business will bs considered. The | department clerks will also be given two weeks' salary each. The Festival Chorus. | OAKLAND, CAL, June 14.—The festi- | val chorus, which is practicing classical music for tbe Caristian Endeavor Con- vention in San Francisco next month, | met in the First Congregational Church | to-night. ~ Alameda, Berkeley, Golden | Gate, Oaklana and San Franciscs was repres=nted, there being 635 voices. This is the largest choius ever heard in this city. Consequently, the galleries were well fillea by the musically inclined. Acme Boxing Contests. OAKLAND, Car, June 14.—To-morrow evening the first boxing contest of t e | Acme Club in its new hesdquarters will be brought off. The first men to contest will be E. J. Smith of the Acme and J. Sears of the Manhatten. Charley Tye of | the Acme and M. Egan of the Manhattan | also appear in an eight-round contest, | v. Mr. Beatty Was Fined. | OAKLAND, CarL., June 14.—Rey. George W. Beatty did not appeur in the Poiice Court to-day 1o defend himself from the charge of riding a bicycle on the side- | walk. The usual fine is $2, but because the minister had threatened to fizht the case and declared he was not guilty the ordinary bail of $5 was not reduced. ASA FISK'S ESTATE. Only the Small Sum of $165,528 02 Found for Appraisement. Asa Fisk’s estate has been inventoried, the list inclading only a part of the prop- erty hela by him while he was in active business. Just prior to his death he deeded several vaiuable pieces of real estate to members of his family, and these tracts are not down as part of the es- tate in probate. The appraisement is as follows: Money, $26,579 69; Life insurance, $21, 808 59; jndgmenu 244 35 stocks, $ loaus on iife in<uran $5010 97; notes oured, $11,063 87 chaitel mortgages, £1221 41; notes sceured by real estator %98,871 98; notes secured by pledges, $535; miscellaneous proper!y, $1483 10; nousenold furniture, cic., $1373 00: real estate, $76, 660. Totsl, $165,528 02. e ——— Senator Jones’ Mine. Senator John P. Jones of Nevada has put the stamp of his approval on another mine by neading a corporation for its management and operation. He has uamed the new property the Milkmaid mine. Those associaed with him in the venture are: H. M. Gorham, W. E Lester, D. B. Hunt, Thomas Anderson, J. B. Low and August Waterman. The capital stock is fixed at $10,000,000, and the property is located in Shusta Couuty. e Vgt They Touched the TiNI, Magefe Thornton, & man named John Thoraton, who is supposed to be her hus- band, aad Jumes Mulcahy are all booked at the City Prison on charges of grand larceny. Tae trio is accused of having mude a raid on the till of Daniel Donovan, & saloon-keeper at Third and Bryant streets, clJlIlrlml therefrom e the sum of §12. The al larceny was the finale of & arunken debauch. phia and Mr. Davis went to Boston, ac- | companied bv Mss. John M. Curtis and Miss Lizzie Muir. He received a telegram to meet M:. Davis in Boston and pro- ceeded thither, where he joined the party Mr. Davis app-ared in his usual health except that he was grieving intensely on account of the death of his wile, until one day he complained that he was suffering from a_severe pain in the abdominal re- gion. He said that he always felt bad when Le visited Boston. H went to a drugstore and asked a clerk for a dose of castor oil, which he took, and the day afterward the party left for New York. In New York they stopped at the Fifth Avenue Hotel. He was still suffering and called in a pnysician named Dr. Keys, who prescribed some pellets that proved 10 be compounded of a poweriul astrin- gent. At any rate the action was too severs and Mr. Davis decided to resort again 1o the use of castor oil, a remedy that has been in favor in California since the days of 1849. The oil brought hack the old trounle and he had the prescrip- tion of the pellets duplicated by the drug- gist without further con uitation with his physician. The medicine again performed its office too suddeniy, cansing the patient much pain. In the meantime the party had started for Pniladelphia, where they arrived on Saturday. Mr. Davis was still feeling bad, though he did not complain much. In Philadelphia Mr. Davis thought it his duty to take another dose of castor oil, and informed Mr. Senderling that it was again causing him annovance. When they arrived in Philadelphia Mr. Davis and the ladies went to the Continental Hotel while Mr. Senderling went to the Windsor House. He saw Mr. Davis on Saturday night, and, though he was not well, he was not noticeably worse. On Sunday_they went to church together, and on Monday he was abie to walk about some. Tuesdav he remained in bed all day, and on Tuesday nigh: he became so much worse that Mr. Benderling sat up with him all night, or at least occupied a lounge in his room in order that he might administer the medicine that had been prescribed by Dr. Curtin, who had been called in to aitend him. Mr. Senderling gave a dramatic recital of the circumstances attending tue death of Mr. Duvis. *‘About 6 o'clock in the morning the iadies knocked at the door and asked m it I wished to go to breakfast,” said Mr. Benderhng. *Itoid them that it was too early for me, and asked them to go first, saying that I would wait and go when they retnrned. A few moments later [ asked him if he would Iike to bave some clam soup. He was very fond of that and always carried a spint lamp with him to heat it. I had procurea some bottled clam juice for him and was about to pre- pare Some soup for him, having put the galvanized cup over tie blaze, when he complained of another attack of pafn. 1 took the hot cup and put it in a towel and had h'm hold it over the place where the pain was located in order to give him some ease. All at once he said to me, “My pulse has stopped.” 1 felt, and ft seemed that he was right. He The fac-simile signature of 7 is on every wrapper _of CASTORIA. Auction Bales CHAN, LEVY & C balesrooms—1135 Warket Str THIS DAY, Tuesda, - Ab 10 o'clock x. X., at saiesroom. 1135 MARKET ST., BET. 7TH & STH, _...WE WILL SELL AN ELEGANT LINE OF FURNITURE, Carpets, | Square Piauo, une 15, Of 50-room house, removed from Tayiors Warehouse for coaventence of sale. ..COMPRISING. .. One Square Piano, Mantel Mirrors, § Plash Patlor Sets, 50 Onk an | wn Bedro ts, Bedding. rds Carpe:s. Wardrob. g Beds, Dishes, Stove, Extension Tab es, Chairs, Laco eboards, Croc « vsually had a strong pulse and often boasted of it, so when it stopped it was all the more noticeable. He said to get pen and paper quick, as he wanted me to write something for him. I went into the and got some paper. It wasin a box, us i3 usual with paper used by ladies. They were not in the room at that moment, as they had gone to breakfast. When I went buck I closed the door, as I did not know what Mr. Davis wanted to say, and as it was a deathbed statementI did not pro- pose that anybody should hear it unless he wanted them to do so. 1 could not get a pen, and so used my pencil, holding the paper on my knee.” Mr. Senderiing gave the contents of the writing, reading from the original, the purport of which has-already been pub- lished in ThE Cart. Itisin the form of a bargain and sale aeed, purportinz to con- vey to Mrs Isabelle Curtis and Miss Elizaveth M. Muir the property known as the Duvis nome on Post street, and the valuable piece of property on Kearny street that is generally called the Thar- low block. Before this could be finished he grew too faint to speak, and Mr. Send- eriing opened the door und called in the young women, telling them that he be- lieved their uncle was dyine. He recog- nized them, and Mr. Senderling hastened to the hotel office and sent a carriage for a doctor. On his return he found Mr. Davis unconscious. A short time afterward he passed away. That was at 7 o’clock on Wednesday morning, the latter part of October, 1396. Mr. Sanderling testifi~d that he read the writing made at Mr. Davis’ dictation to the iadies immediately after the deatn of Mr. Davis. He could not remember all that was done and said for the reason that he was so much excited that he did not take notice of all that was passing. The contestants of the will contend that Mr. Senderling’s testimony is important, as tney think that th= sick man knew that he was dying and that if he had made a il and leftitin the urn containing his wife's ashes he would have been apt to have to.d his friend where it was de- posited, instead of attempting with his Inst breath to deed to the persons men- tioned in the will a portion of the prop- erty bequeathed to them in his last docu- ment. To offset this_presumption it is pointed out that after Mr. Davis made a will be- queathing all his property to his wife, who, however, aied before he did, he also made adeed conveying to her his entire estate, justas he had begun to do in behalf of nis nieces, when death put forth the cold hand and ended the transaction In seeking a motive for Mr. Davis’ ac- tion in this regard, it is explained that he preferred to have bis property transierred by deed if he could so arrance it, as he feared that would be wastefully handled if it got into the hands of the lawyers, concerning the majority of whom he had an_opinion not any too complimentary. On cross-examination, the will offered in probate was handed to Mr. Senderling, and he was asked if it was in the hand- writing of the late Jacob Z. Davis. He re- plied that he thought 1t was, but he was not prepared to swear positively. Replying to Mr. Knight, the witness said he had never seen a letter from Mr. Davis in which the name Jacob was used. The signature was usually made “J. Z. Davis.” FLORENCE IN COURT. Beginning of the Trial of Attorney Bergin’s $50,000 Suit for Legal Services. Bergin aguinst Florence Blythe-Hinckley for the recovery of $50,000, said to be due for attorney’s fees, began in Judge Hunt's department of the Superior Court yester- day. The fair defendant was present, sur- rounded by an array of legal talent that Mr. Bergin. She was represented pri- marily by ex-Attorney-General W. H. H. Hart, who has called to his assistance ex- Attorney-General A. L. Hart and Azlett R. Cotton. Mr. Bergin has retained ex- Judge J. F. Sullivan and Matt L Suliivan, and, as he is a veteran lawyer himself, he 20es into the fray with a fair amount of confidence. Judge J. V. Coffey of tne Probate Court where the case was tried was the first witness_examined. He identified mass of documents tuat had been intro- duced in the litigation, and said that he remembered that Mr. Bergin was present during the hearing of the motion of cer- tain defendants for a new trial. He was also of the impression that Mr. Hart was there, but said that his notes of the trial would show the facts in that regard. tried.” AUCTIONERRS. | 1897, | next room, that was occupied by the ladies, | The trial of the lawsuit of Thomas I | SPECIAL AUCTION SALE. 2 M b = At “Tattersall’s,” 721 Howard Street, THIS DAY. Tuesday....... June 15. 1897, At 11 o'clock a. 3., By order of D, McCormick ot Stockton, We will sell §) Head of Horses from 900 to 1300 1ts, neariy ail broken to harn-ss: several Hoad Matched cer; ieams: Mik-wagon Black Single-footer, gentle for ns Buggies, Carts, Harness, e:.c. 0 Heserve or Limit. A. L. CRESSWELL, Lives ock Auctioneer. Horses; the fact that some exceptions had been taken to bis opinion in denying the mo- tlon for a new trial, whereas, in fact, the words ohjected to were transferred from one of Justice Story’s decisions, and it ated in the paper filed by him. umstances were similar, and he had quoted Justice Story’s remarks as ap- propriate. A subsequent Coffey’s notes of examination of Judge the trial revealed the fact ‘ihat Mr. Hart was present only a short time, and that Mr. Bergin had almost entire control of that branch of the lingation. Mr. Hart, it transpired, was in Washingion, D. C., fighting for the rizhts of his client in another direction. Georgs W. Miller was_called as a wit- ness and identified & large number of briefs and pleadines tnat were drawn in Mr. Bergin’s office or a: his dictation. Following are the names of the jurors selected to try the issues presented: Samuel Harris, Morris Rafael, H. H. Heckman_Sr., Albert R. Gunnison, E C. Fowler. James Hawk, K. J. Reynolds, Emil Kehrlein, Jumes C. Blair, Charles E. Lang, L. Elias, M. H. Mobrdi urther hearing of testimon this morning. e Divorces Granted. Judge Hebbard yesterday granted the follow- ing divorces: Abbie Gregory from William G. Gregory, for extreme cruelty and intemperance. Elenda Johuson from Martin Johnson, for extreme cruel William Do from De. severed th will begin T was yesterdar granted a di- a Doerr for desertion. Judge uptial knot. Divorcs Suits Begun. Suits for aivorce were begun as follows in the Superior Court yesterday: Robert C. Stevenson vs. Minnie Stevenson, for desertion. Millie Wratten against Frank Wratten, for cruelty. Mrs.” M. V. Kirketerp against W Kirketerp, for infidelity. e ¥ell Through a Skylight. George Tavlor, a painter living at 2612 Fol- som street, isund r ireatment ut the Kecely- ing Hospital. He is: uffering from a lacerated lip, & broken nose axd finger, as well as a frac- iam C. tre of his two grent « vs. Iy 6 Uuforiunate min was at work cn ther 1of of u three-story building at Dio st-et, when he sunb t esk:ight,8 dis RU —IN ACCORDANCE WITH the terms and under the anthorliy of a certain deed of trust, duly executed by WILLIAM G. WATIRS. party of the first part, o H @ CAMPEELL and THADUEUS 'B. KENT. trus. tees, parties of ihe second part, and the SAN FRANCISCO SAVINGS UNIUN, party of the third part, dated July 23d, 1891, and recorded in the office of the County Hecorder of the County ot San Luis Ubispo, State of California, in liber 10 of trus: deeds, at pages 95 and follow- ing, and in pursuance of a resolution passed on the 13th day of May, 1897, by the board of direc- 10rs of said SAN FRANCISCOSAVING: a_corporation, and the holder of the 11.102). to secure payment of which the aforesaid deed of trust was executed, declaring that default bud been made in the paymenc of the principal sum and other rums due under sald note and deed of trust, and requesiing and directing sald HENRY C.'CAMPBELL and THADDEUS B. KENT, trustees, to sell the real esiate described therein to satisty sald indebteancss. We, HENAY C. CAMPBELL and THADDEUS B. KENT, trustees, do hereby givo notide that on TUESDAY, the 15ih day of Jure, A. D. 189 12 o'clock noon of that day, and a: _the auction # Easton, Eldridge &Co., No. 638 Mar- . in tne Gity and County of San ¥ rancisco, alifornta, we will sell at puilc aucs:on, to the highest bidder. for cash in goid coiu Of the Unitea Siates, the pieces or_parcels of ianda situate in the County of Sap , uis Oui po, State of Callfore nia, described as follows, to wit: Lots or subdivis.ons numbers fifty-four (54) and flity-seven (37). as the same are laid down and shown on the map en'itled “Map of the Su:di visions of the Ranchos Canada de 1.0s Osos and L una, San Luis Ubispo County, Cal. sur- Veyed by James T. Sir.iton, May, 1838, file1 October 1st, 3859, 1n the office of the Coanty Re- corder of sald County of San Luls Obispo. and now of record In liber B of deeds a: pages 636 and 657, special refereuce being hereby made 10 said map and the record thereot and the field notes from which the same was compiled, for further or | more particular description of safd lots: would daunt a less doughty litigant than | huna the | | | Judge Coffey made a passing ellusion to | Dr.Jd. ¥. wABBON. Box 1957.5an said lot number fifty-four (54) contaning sixiy-one and seventy one-hundredehs (61.70), and sald lot number fifty-even (57) contal lug ove hundred and twelve and sevesty-five oue- dihs (11£75) ne es of Iand: Saving and excepting, however. from said lot number fifiy-four (54). a strip thereof twenty- two (2.) £'6L In width along the north line of sald 1o, #nd exteading from the west iine of lot num- ber firty-two (52) as shown on said map, (0 the jublic rosa oii the west line of said lot humber £if y-four (84): together with the appurtenances. TELMS OF SALE—Cash in goid coin of the United States, 10 per cent payabie to the under- signed on the fall of the hammer, talance on d livery of deed, and if not so paid, unless for we; of title (ten days being sllowed for search), the said 10 per cent to be forfeited, and the sale to ba Void. Acts of sale at purchaser’s expense. HENRY C. CAMPBELL, THADD. Dr. Gibbon’s Dispensary, 625 KEABNY ST. Established in 1854 for the treatment of Private Diserses, Lost Manhood. Debility or aring on bodyaud mindand in Diseases. The doctor cureswhen othefs fail. Try him. Charges low, Curesguaranteed. Cullorwrite, 4l Mr. F. A. Franklin, a traveling salesman, says: * About six months ago I bought my first box of Ripans Tabules and was so pleased with the result that I have since bought them in various parts of the State. a traveling man, and compelled to drink all kinds of waterand eat all kinds of food, I find the Ripans - Tabules are the best aid to digestion I have ever Being e o e — e S