The San Francisco Call. Newspaper, June 17, 1897, Page 5

s —— ) / THE SAN FRANCISCO CALL, THURSDAY, JUNE 17, 1897 WILL POWER i MAIN SUPPORT Mrs. Craven Is Iil, but She | Refuses to Quit the Stand. BADGERED THROUGH AN- OTHER SESSION. | | | | “Russell Wilson Was the Only Honest Qe of the Whole Crowd.” THE LITTLE COUP M'ENERNEY ATTEMPIED. A Msn Who Looked Like Him Offzred | Her a Large Sum to Suppress | the Informatioa. I Rather than undergo anticipated jibes | of derision for outright crawfishing the | attorneys for the Fair heirs did not iusist upon their request yesterday to withdraw Mrs. Nettie R. Craven from the Witness- stand. While it is more than apparent, not only from their statements in open court | but’ from their actions as well, that these gentlemen bave found their promite to vrove conspiracy out of the lady's own mouth rather too hot to hold, still it is equally evident that they are making a ar play to cover their retreat and have appear that they have other ana far more important conspiracy evidence up their sleeves and wish to produce it. They undoubtedly rely for the greater part of this upon the possibility that John R. Aitken, the attorney who was dismissed by Mrs. Craven, will go on the witness- | stand and testify that he negotiated with her to give false testimony regaraing the | disputed deeds. And although having | mitted that they want to get rid of Mrs. Craven—and would have released her! had her attorneys permitted it without themselves having an opportunity to | cross-examine her— they badgered her ughout yesterday’s session were palpably unimportant and and sometimes almost brutal questions. Mrs. Craven was quite ill and they took k advantage of this fact, as well as of e appeais o her counselfor fair treat- t, to renew their request to take her | with what | irrelevant | n'the stand betore completing their direct examination. But despite her feeble condition Mrs. Craven would not consent to this, Sheinsisted upon seeing ihe ordeal out, come what may. There mar ngs the wishes to discuss he cross-examination of her own attorneys—matters which, sne says, will expose the utter fallacy of the accul sations of conspiracy and forgery—and she prefersto remain on the stand until Should the r the heirs have n eiven their way it might be weeks re her counsel could have her as their esy, and in_the meantime she would bave to live under the suspense, suspicion 1nd prejudice of those practically un: swered accusatio ns. The lady fainted during the noon recess | 1 it was feared that she would be able to r. , but thr gh the force of r own indomitable will power she ral- ied sufficient strength to resume the chair Siack opened the session of the Fair-Craven trial with a ruling that &p sof Mrs. Craven's handwriting could not be admitted as evidence for pur- | poses of comparison with the pencil inter lineations found on an alleged duplicate of ner contract with Attorney John R. itken. This was the point that was un- | r debate when conrt adjourned Tuesday ning. The ruling was a knockout for the counsel for the heirs and their only tisfaction was to formally except to the | cecree. | Attorney Wneeler, being instructed to the case proper proceed, cailed Mrs. Craven back 10 the witness-stand osten- £ibly in order to make the way clear for him to offer in evidence another exnibit, T bappened to be the letter which This Judge’ Aitken wrote to Mrs. Craven at the ti hat he comz: with her re- quest to return the iypewritten contract entered into by them. ~ The attorney made the off right enough, but when Mr. Delmas nded to know the purpos ce the explanations were not of this evide satisfactory, and the court shut it out. ttorney Mitchell made a long argu- ment in the bope of securing a reversal of the ruling by the court, but his Honor held bis ground firmly. The Fair atiorneys gave putiing «xhibits in evidence, Wheeler elected to ask Mrs. up the idea of and Mr. ven a lew more questions about her knowledge of | Ait n. | Will you swear that you saw Judge ken in Sacr:mento between the 1st and h of February, 1895?" he asked. It was either in January or February,” was the reply. “But will you ruary?” “I” will swear, I tell you, that it was either in January or February. I cannot fix the exact date.” Wheeler circled around with 2 number of odds ends of questions with the hope of getiing nearer to the exact date that the lady got acquainted with Judge Aitken. The Governor Budd interviews, the lobbying st tne capital for the teach- ers’ pension bill, newspaper interviews and otuer like incidents were recalled but Mrs. Craven could not find anv assistance in these in brushing up her memory. There were many things happening at that time and they crowded upon each other <o rapidiy that she couid not defi- nitely fix any of them in her mind as re- | gards dates. s Mr. Wheeler wanted to know if George R. Williams was ever the lady’s attorney, and, receiving a negative reply, looked up with an _expression of joy such as has not graced his classic countenznce during the past two iroublous days. But he onty fell upon anotiier mare’s nest. Seizing the deposition made by Mrs. Craven many months ago he thumbed over the pazes until he came to a place where the lady di-cussed Williams and the druwing up of the contrac: by which it was intende! by the heirs to buy her off. Itappeared in t.e deposition that she spoke of Mr. Williams as ber “‘ad- viser.” This, Wheeler seemea to think, proved that the lady was equivocating. Mrs. Craven explained, bowever, that Mr. Williams was Stephen Roberts’ attorney, and in that capacity she considered him her adviser, but not her regularly em- ployed atiorney. Being shy of pertinent questions to hurl at the wiiness at this moment, Wheeler sought to have 2 black eye touched up, so 1o speak. Thiz was the “shanty” Mrs. Craven erected for the Fair attorneys last Friday, when she told in open court how swear it was in Feb- | Dean’s Moondyue, W. the very attorneys who are now opposing her were once so enthusiastic over the palpable genuineness of the “‘pencil” will that they offered her $500,000 for it. What Wheeler wanted now was to have this injurious matter expunged from the rec- ord. It was an eyesore. He asked to have the evidence stricken out, on the ground that it was hearsay and not re- sponsive. Mr. Delmas objected to this method of retreat and the court denied Wheeler's request, Mrs. Craven was on hand again when court reconvened for the afternoon ses- sion, and was plainly indisjo ed. She expressed herself as being willing, how- ever, to cont nue answering questions, provided the attornevs for the heirs had any more to ask. Mr. Waeeler did not in reality have much more to probe into, but it was part of a plan adopted by his side to miake it appear that they had not quit on Mrs. Craven altogetuer. The lady’s attention was called to the fact that she had already testified that she bad told George A. Knignt something | about ber deeds, und she was ssked to | give something more in detail regarding ; | that conversation. “L told Mr. Knight that Senator Fair had deeded some properiy io me,” replied. *“I did not intend to tell hi that I had the deeds, because I was afraid they would get away from me.” ““Was that your reason for not telling him that vou had any deed: £ “ThLat was pretty close to bsing it.”” Mrs. Craven added that she purposely gave evasive answers to the attorneys for the heirs and estate reparding her posses- sion of the deeds, because she did not want to take any chances on losing the documents. hen she was ked if it was not a fact | that she had withh-id all knowledge of the deeds from the attorneys for the Fair heirs, Her reply was in the negative. This could not be so, she added, because the attorneys must have known she bad the documents wh thev offered to com- promise with ber for $500,000. She remem- bered particularly of having discussed the deeds with Russell J. Wilson. It was he who advised her to file them with the Re- corder. How long before you filed them did ‘you tell Mr. Wilson about the deeds?” asked Wheeler “I can’t say exactly. It might have been a month or six week. I know I spoke to him about them. 1 want to do Mr. Wilson justice. He was the only honest one of the whole crowd.’’ The “‘crowd’’ she referred to comprised the attorneys for the heirs and estate who were at that time trying to compromise with her. This last rap she administered to them brought Wheeler to his feet with a bound and with a protest. He wanted ber re. mark stricken out and toe attention of the jury called to it as being “‘miscon- | duct, Mr. Delmas softly said that in order to ease the gentleman’s feelings he would not oppose this request. “Did you ever tell those deeds?” ‘Why, how can you ask that, Mr. Wheeler? You know we talked about Senator Fair baving made decds over to This was another answer Wheeler did not like, and he had it stricken out, too. He asked the question again and got this repiy: “Why, you and I talked about the deeds repcatedly. Idid notsuppose it was ne- cessary fo tell you what you aiready knew.” The lady's voice wss so faint at this time that the jurors could not hear her. | Mr. Delmas asked the court to bear with ber on account of her condition, and this zave Mr. Wheeler an opportunity (o again | prociaim that he wished to be lenient and would therefore suggest the withdrawal of the witne: ““We are asking for nothing here,” said | Mr. Delmas sharply. “Mrs. Craven wants to go on and_have this examination fin- ished. s ngto stay here until | she droy The examination was resumed, this time Wheeler directing the lady’s atien- tion to the story about Garret McEnerney’s call at the iady’s house and his alleged offer of $100,000 for the suppression of her claims. “Mrs, Craven said that Reuben Lioyd showed her a number of pictures of lawyers and asked her if she recognized the man who calied on her. Sne picked out McEaerney's picture and said that looked like the man. T'he lady then went on to describe the visit of the man who locked like Mc- Enerney. She said he represented himself | as appearing before her as the representa- tive of one of the Fair executors, and offered her $100,000 if she would not pro- ce her information and papers. She would not treat with him because he | would not tell her bis name. | “Did not the man who looked like Mr. | McEnerney say it would be wortn $100,000 | 10 you tosurrender the pencil wili?" asked | | | | | me that you had Wheeler. He did not.”” “D.d be make the offer for the deeds?” “Hedid no:. He simply mentioned in- formation and papers.” Did you ever tall any of the Iawyers re- tained for the plainuffs in the case that Senator Fair deliverea deeds to you at the time that the pencil will was executed ?" *“1don’t know that I ever particularized as to the exact date. I svpposed they all understood that—they talked of them fre- quently. Iknow I iold them the Senator nad deeded property to me." Attorney Wheeler clung to this line of | questioning with the evident hope that something would be dropped by the wit- ness which he could use as a ciub. He asked next if she ever tola any of the at- | torneys that Senator Fair had “delivered’’ the deeds to her on September 24, 1894, or - | “handed” them to her. The reply was | that she could not be certain as'to the | date. She stuck to her former statement ; that she had told them that Senator Fair bad made deeds for her. Wheeler asked this same question over | and over again in every conceivable form, | but the answers were uniformly the same. “Did you ever tell any of the attorneys | that you iad deeds that had been ac- | knowledeed before a Notary Pablic?” was the next question. Mr. Delmes objected on the ground that the matter was immaterial. To his mind it could be of no possible moment. No great inferences could be drawn because Mrs. Craven bad not told everybody about her deeds. The question was allowed, however, and Mrs. Craven’s reply was that she did not think she had told the attorneys about | the acknowledgments. | There was some more fritterinz about the acknowiedgments and then an ad- | journment was taken at the request of | Mrs. Craven, who had found her strength | failing her once more, THE GAMBLERS DEFEATED. They Cannot Collect Poker Debts From Joe Spanier's Estate, The Supreme Court yesterday gave an important decision in the case of Charles Frank and others againct J. C. Pennie (now deceased), as administraior on the estale of Joseph Bpanier, deceased. The plaintiffs sued the then Pubiic Adminis- trator 1o recover ceriain sums of money which were slleged to huve been de- posited with Spanier upon the latter's promise to repay upon demand. Spanier kept a cigar-siore, in the rear of which were poker gambling-rooms. The defense denied the justness ol the claims, and upon the trial ‘was allowed to intro- duc: evidence showing that the debis were gambling debis. Suverior Judge Hebbard gave judgument in favor of the defense. The judgment was sustainea by the higher court. C——— Coursing Drawing. The following s the draw for Ingleside Saturday next (ladies’ day): Champion stake—W. C. Peyton’s Flying Buck vs, Grace & Peyton’s Carmen vs. E. A. Sul-ivan’s Fire Bail, T. Butier's Susie vs. Bartel & Rosset:r’s Firm Friend, A. Sulli- van’s Pre.ender vs. Bartel & Kosseter's Way- farer; purse, $200. Ladies' Derby—J. Byrne's 11ié vs. Barier & Rosseter's Gallant Foe; E. A. Sullivan’s Jester vs. Bartel & Kosseter's Douglass; purse, $40. e ADVANCES made on furniture and pianos, with orwithout remoygl. J. Noonan, 1017-1023 Mission, | Mr. McAllister’s repri WIDOW HINCKLEY WAS NOT BLITHE When Mr. Bergin Re- minded Her of a San Anselmo Party. It Was There, H She Signed the Contract Re- engaging Him. Manner in Which the Fee Was to B Divided Between Himself ard Mrs. Hall McAllister. Mrs. Florence Blythe Hinckley smiled yasterday morning when Attorney Thomas I Bergin described the lit- te vparty she gave at her resi- dence at San Alselmo, Marin County, on the occasion of her reaching her ma- jority, for it was at that time, according to Mr. Bergin's statement, that she signed a contract by which he seeks to bind her for the payment of $50,000 additional com- pensation for his services in the Blythe estate litigation. There seemed to be & tinge of bitterness Said, That| in the Federal courtroom at the Appr building in this City STREET PEDDLERS, Retail Merchants Case in the Their Institute = Test Tolice Court for Suppression. Joseph A. Goldstone, a fruit peddler, who selis from a wagon on Montgomery street, between Clay and Washington, ap- peared in Judge Low’s court yesterday to answera charze of obstructing the street. Goldstone’s attorney moved for a dis- missal of the case on the ground that the ordinance under which the complaint was made was unconstitutional. Judge Low, afier listening to the arguments reserved his decision. he arrest of “mldstone was caused by L. E. McLellan, secretary of the Retail Grocers’ Protective Association, with the intention of putting a stop to the compe- tition of peddlers. The retail grocers comp'ain that an injutice is done them by the municipal autborities by granting permits to peddlers, who are thereby en- abled to compeie with dealers who pay taxes, rent and =1l other expensesincident | to the regular retail busines: | Peddlers’ permits are, as a rule, issued for the purpose of affording aid to the in- | aigent, but the position as-umed by the | retuil 'dealers is that as they have their | money investe siderations sh thorities Ttis the inte ma purely sentimental con- uld not influence the au- ta 1njure them in their business. | tion of the retail dealers 1o | e this a test case, and should the Su- | ‘ preme Court sustain them a general cru- | | sade agamst pedalers will be inaugurated. | - ! BRUTAL BARTENDER. Convicted by a Jury of | ‘aunie Carroll. John Kriess Battery Upon Mrs | ! A jury in Jud:e Campbell’s court last [e\‘en:ng found John Kriess, a bartender, guilty of battery upon & womsn, with a | | ported that all the arrangements were READY FOR THE DIAMOND JUBILEE Final Meeting of the Com- mittee of Arrange- ments. Full Programme for Saturday’s C:lebration Sub- mitted. Proceedings Marked With the Utmost Enthusiasm acd Votes of Thsnks Passed. The final meeting last night of the com- | mittee having in charge the celebration of tbe diamond jubilee of Queen Victoria at the Chutes on Saturday eclipsed all the others 1n the enthusiasm that marked tke whole proceedings. The chairmen of the sub-committees re- | complete for Saturday, and gramme was submitted as follow. Clan Macdonald of Oakland will be met | at the ferry at 10:30 o. M. by Clan Fraser | of this City, and headed by a military the pro- MRS. FLORENCE BLYTHE HINCKLEY Looked Sad When She Thought of the San Ansclmo Party. in the young lady’s smile as she recalled the events of that minor social fu It came out that several attorneysem- ployed in the Biythe estate contest were present, and that they at the time secured the signature of the claimant of the estate whereby she confirmed the acts of her guardians in making contracts with law- vers for the carrying on of the litigation. Attorney A. L. Hart, representing Mr: Hinckley, objected to the introduction of letters from Mrs. Hinckley to prove the existence of & contractto 2o ahead with the litigation. He said that as the piain- tiff had chosen to rest his demand on the claim that he shouid bs paid a fair price for his services, what the lawyers call set- tling on the basis of quantum meruit, he would ask that the agreement be pro- duced. This seemed to require that the plaintiff amend his pleadings, and under leave of court the amendment was made. It sets up the existence of the contract and the facts of the service being rendered by Mr. Bergin; further, that though Mrs. Hinck ley had agreed to pay the claim, she now refuses to do so, though he bad requested ner to keep her promise in that regard. At one stage of the procecdings Mr. Bergin blurted out that he expected to prove that the 'ady had repudiated every engagement that she had made with him That was said before he was called to the witness-stand and so it did not count with the jury as testimony. he San Anselmo contract was read to the jury and in regard to it Mr. Hart con- tended that it was only a confirmation of the original contirect by whicu McAllister & Bergin wers to receive 7} per cent for their services in the case; that the only change in the terms of the document was that the shares of the two partners had been separated ; that Mr. Bergin’scontract read that he was to have 3 per cent and that the other 41¢ per cent was to go to Mrs. McAllister, widow of the late Hall McAliister, who was Mr. Bergin’s partner when the litigation started Mr. Bergin places a different construe- tion on tue act of Mrs. Hincklev at the time of the San Anselmo party. He holds that the contract signed by her then was for hiscompensation up 1o that time; that niatives were paid on that basis, and that he was treated the same. When an attempt was made to show that a contract had been mude by which Florence had a:reed to increase the com- peusation of Mr. Bergin objection was in- terposed by Attorney A. L. Hart. He said the law would not permit this; that the relation of an attorney to 1is ciient was one of the highest trust, and that the at- torney could not take advantage of his position ae legal adviser to advance his own interests in regard to the matter un- der litigaiion. After ihe jury had been dismissed in the evening Judge Huut said that if the plaintiff contended that his original em- ployment was terminated by the signing of the San Anselmo contract then Mr. Bergin must prove the jayment of a 1etainer and the making and carrying outof another contract as contemplated by the law. Ex-Judge J. ¥. Sullivan, counsel for Mr. Berzin, took until this morning to file authorities and to decide what further sieps he will take in the matter. 0. Judge De biaven's Lus allation The installation of Hon.J. J. de Haven to the office of United States District Court Judge will take place this morning at 10:30, instead of 11 0'clock as bas bee. announced. The oath of office will be administered by Uniiea States District Judge Thomas P. Hawley of Nevada, bis re-engagemen, | ) recommendation to ordered into cus‘ody to aj tence this mornina. Monday Kriess 100k Mre, roi, wf: of a bartender, to a saloon on Turk street and beat ber unmercifully. The woman is a cripple. Her nose was broken, her eyes blackened and her face battered and bruised. The woman wasfound in an nnconscious condition in a rear room, where she had | been beaten. She was taken to the Re- ceiving Hospital and he was r for sen- mercy, Fannie Car- VETS T0 HAVE A UTING Volunteer Firemen Will Picnic| To-Day at Shell Mound 1 Park. | { | | | Many V.luable Przes for 0'd and Y ung Will Eelp to Make the | Day a Success. The Veteran Volunteer Firemen will hold their tenth annual prize picnic to-day | at Shell Mound Park. Colonel A. Andrews and his co-workers on the reception com- | mittee have done everything to make the | outing one of the most enjoyable ever | given by the association. i Seventy-two valuable cate prizes have | been cflered in addition to the prizes | nsmed for the winners in the following | | race: > for girls, 6 10 10 years of age—five- pound box candy, boxX crackers; race for boys, 6 10 10 years of age—boy’s hat, ring; race tor giris, 10 to 15 years of ags—bottle coiogne, gold ring; race 107 boys, 10 10 15 vears of age —spring lamb, ham; race for married ladies— | ham, box of scap (the babics during this race | wiil be in charge of Thomas Sawyer E.g.); race for fat ladies—cheese, hau; race for | young dczen cabitet photos, pair logae b cr Veteran Volun.eer | | Firelnen—pair of shoes, case of wine; handi- | , Tace for Vetcran Voiunteer Firemen over | ase of wine, case of whisky; race for veterans over 200 pounds—case of wiue, case | of whisky; race, open to ali, case of wine, box of cigurs (winner to have cunoice of prizes); | huuting the pig, “‘Black Jack,” winner to have | the pig. Following are the committees in charge | of the day’s enterteinment : Reception committee—Colonel A, Andrews George R. Pohl- | P. Con- (ctn rman), Jeseph S. Marshall, Pidgeon, Jumes Aitsen Jr., Hoa. mann, Siephen Bunner, Fied | ner, James Havden. James P Harrold, W, D. Satchwell, H. Koh reeland, Thomas Sawrer, George Carlisie, Thomas Cornell, Jonn Short, James McEuoy, Cbris Dunker, O H. Keyes, . kaufmann, Thomas Morton, Jobn B. Luuda, P. Crowles, v. D. Farrell. | “Prialing commitiee—James James Clark, Richard Harrold. Music committee—Stcphen Bunner, W. Y. Dougles, Willlam Fahrenkrug. | Gumes' commitiee—Colonel H.J. Burns, W. D. Kr.uner, John MeGreevy, William . Mil er, Fred A. Will, James D Pow -rs. Commitiee on distributing prizes—Colonel | A. Andrews, John Fe John atcnwell, | Henry Kohn, John McGreevy. | Fioor manager, J. Beiolzaime Fioor comumitiee—M. M. Baker, Hon, Gus- | tave Pohlmann, Al Harris, Frank F. Terra- | morse, Wiliem Sushman, J. C. Carroll. | et ey Counterfeiting Cases Postponed. | The Willlams and Gilroy counterfeiting | | cases, to have been heard before Commissioner | Heacock yesterdsy, went over for a week. ustav . Wil Penuycook, ‘alcm: Market street as far a | who would not be present wouid be de- | tained through illness or unavoidable ab- | sence. band of pipers and drummers will march City Hall avenus. The apprentice boys and sailors from the British ships will meet at the Seamen’s Institute in time to join the | procession, and al! others willing to take | part in the parade will be welcomed and bands of mysic will be provided. | At 11:30 A M. the games will be com- | menced at the Chutes and following are the events: | Grand Highland recl in costume—Exhibi- | 1056 a just and kind friend in George | Barnes, for no z0od manacer fears honest | tion. i Obstacle race in lake—First prize $5, second | thira §2. | Highland fling for young ledles (from 12 to | 18 years of age) in costume—First prize $5, secoud §3, third Footbail meten 1o lake—Prizes for winning | team. Boys and girls 1n costume—Prizes for all. Walkiug on greasy pole in lake—Prizes. ! Maypole dance—Frizes. Saslars hornpipe in costume—First prize §5, | , thira Exhibition wrestling, any style. | Irish jig and reel—First prize $10, second ¢ Broadsword exhibition by Unit=d States ca alrymen. u Trinbhais in costume. First prize, §5: | second, £3; third, $2. Tug of war by Dritish ters, Sausalito and | San Francisco Bay. Medals to winners. | nce for meu in_costume. First| $5; second, $3; third,$2. Chanties by Eritish sailors. | land fling for men in costume. First priz secoud, $3; third, $2. Judges' 1or all competitive events to be selected on the grouads, and their decisions | 1o te fina. Winners in dancing cempetitions can cash their ehecks after taking part in the | exnibiiion dancing in the evening. The ever popular dramatic and spectacular | play ent tled *“Punch and Judy” will be ren- | dered continuously day and evening. | At2:30 p. 3 the literary exercises will\' be hela as foliows { Grind Naticnal overt < Orchestra | Introductors address by William Greer Hurrison, chairman of the commlttee oa literary exer-ises. Prayer...... The Rev. Joon Hemphill | Jubiiee ode, *Victor S For sopravo seio. chiorus and orchesica: | comuosed especiaily 1or this celebration by H.J Stewart: words by Geo.ge A. Adam 80l iaz, Mrs. Mil.ie Fiynn-Wrat.en. g Oration....... _.General W_iI. L Barnes | Recitative and aria. “The Deatn of Nelson”" pri. the H <o .. Brabam “The Queen’s Leiter Donald de V. Graham | Poem, “Jubilate Deo? ouls A. Robertson | To be read by Protessor K. Knowlton. American National A hem.. ... = -.....“The ~tar-spaagied Banner” | irs’ Miliie Flynn-Wratten and chorus. Benediction...................... Rabbi Jacob Nie British National Anthem. .+ G6d ~ave the Queen: Doowd de V. Graham and chorus. Musical Director iee uisemeess H, 3 Stewart The grand cnorus is composed nf members of the Apoiio Chora seiy (H. 8. rasmore, direc- tor) ana other musical orgunizations, all o whom Lave kindiy volunteered their services. Immediately after the literary exercises | the following programme will be given: Oxford minnet. by young Enslish ladies and gentlemen in coy ume. S Engand—Kecitw: (a) ~0Gs 1o {he Qe (Tennysom), (3) ~Charge of the Lisht Bri- gade” (1e0OYNOD)........ W Scotland - Duet, *Com: c My {Scotch). e e Mrs. Jennie Stewart-Segar and R, Howder G teeoee......(iD cosiume) | United Staies—Orizinal poem, “Vicioria, Em- press, Queen” (Knowlion). Protessor Knowlton £ i iitie Shamrock” vaa | “The Laud of M (Loweil). . iss Elsie s and string bards, and by the vand of pipers beaded by Piver Major I. S. Tevendale. | In the evening there will be a grana ball in the casino; exhibition dancing by win- ners in the day competitions, including ilors' hornpipe, Reel o' Tulloch, and_reel, sean Triubtais and | other events, band music, animato:cope | exhibition and & magnificent exhibition | of fireworks of twelve set pieces, including the Victoria cross, Queen Victoria, Wind- sor Palace, “Land of Sunshine and Flowers,” Niagara Falls, flags of all na- tions and others, concluding with the siege of Gibraltar. More than 200 apprentices and sailors from the British ships will sing their chanties and take part in the aquatic | events, i Consul-General Warburton reported that | all the arrancements were complete for | the Sunday services in the Metroplitan | Temple. He had extended invitations to the Consuls of other countries to be pres- | ent and about thirty would attend. Those W. Greer Harrison, chairman of the banquet committee, reported ihat Consul- | General Warburton would preside and give the toasts of “‘The Queen” and ““The President of the United S.alex.”” Then would follow other appropriate toasts, the speakers being General Barnes, Rabbi Voorsanger, Horace G. Platt, Robert Bal- four and Henry E. Highion. This would conclude the official lisi, and a toastmaster would then be appointed. General Shafter and an officer from the navy would also be present and probably speak. There would be music, <pecially arranged by H. J. Stewart, and elaborate deco:ations. The editors of the three morning and three evening papers had been invited. The banquet would be heid iu the main build- | enzaged as ing of the Palace Hotel, and will com- mence at 7 P. M. sharp, Monday. A sjecial voie of thanks was accorded the represeniatives of the press for the re- rts of the meetings, and the Merchants’ ugboat Company was also ihanked for their offer to supply tugs to bring the ap- ,n;gn!ica! ana sailors from the different ships. On motion of W. J. Callingham a hearty vote of thanks was passed to Chairman Doxey, Vice-Chairmen McNab and Wilkie, Secretary McGaughey, As- sistant Sacretary Freeland and chairmen ©of ihe sub-committees. Suitable repiies were made by Doxey, McNab, Harrison and McGaughey. LIABILITY OF SURETIES. The Supreme Court Gives a Decision in the Scranton € The Supreme Court has affirmed the 3o, judgment of the lower court in the case of | George Summerton against E. H. Hanson and C. G. Atkerton, who were bondsmen for George Scranton, a building contrac- tor. Scranton contracted to erect a build- ing for Summerton and guaranteed to de- liver the building free of sll lieps. The contract was recorded, but the plans and gpecifications were not and the contract became void. However, Scranton liens were fiiled and which Summerton was obliged to_make good in the sum of $4052 40, or $1972 40 more than the contract price. He sued the sureties, Hanson and Ath- erton, for $1920 40 and obtained judgment. Their arguments were that the contract being void the liability of the principal upon the contract was extinguisied, and upon this followed the release of the sure- ties, for their obligation could in no event be greater than that of the principsl. The Supreme Court held that this point had many times been decided and that it was of no avail and the judgment was afiirmed. NOTES OF THE THEATERS, D:ath of George E, Barnes Re-| gretted in All the Foyers. “The First Born” Still Proves & Mascot—How the Lions Are Fed. The subject most discusssd round the theaters last night was the unexpected and regrettea death of George Barnes, the dean of dramatic criticism on the Pacific Coast and up to the day of his death the best known writer on dramatic subjects west of the Rock! Managers who have passed their lives in the business were wont to speak of George Barnes as an encyclopedia of theatrical knowledge, and he was always ready to impart his wide experience for | 4 the benefit aad assistance of others. Ask George Barnes, he is sure to know,” was a common expression when debates respecting the early dramatic life of California were in progress. sand instances of George Barnes' kind- | ness_of heart, his readiness to extend a helping band to struggling talent and his generosity to ihose in want were cited in the foyers last night. The managers will criticism acd the public will lose a writer whose word was regarded as law by many experienced theater-goers. The Liliputians will close their engage- ment at the Baldwin Theater iz “Merry Tramps” on Sunday night. Next Monday evening an important theatrical event takes place at the Baldwin in the appear- | ance of Daniel Frohman’s Lyceum Thea- ter Company in *“The Prisonerof Zenda.” At the head of the organization will be James K. Hackett and Mary Mannering. The former is alrzady known here by his performance lust fall of the triple role in “\The Prisoner of Zenda.” It will be Miss Mannering’s first appearance in this City. She will play Princess Flavia. Lorimer Stoddard's satirical comedy | “The Question” is drawing satisfactory houses at the Columbia. It is excellently played and the last actis full of strong dramatic interest. If the preceding two acts were on a par with the third the play would be one of the iew great successes of the year. Ae it is, the first two acis are apt to be taiky, but the exceptionally good acting and staging ao much to redeem them. On Monday the well-known war drama an elaborate scale. That Chinese mascot, ““The First Born,” is coninuing 1o make standing room at a premium at the Alcazar. The Oriental piece is preceded iy the good old farce, “Bagshot’s Blunders,”” which is emus ingly acted. *In the Hi at the Grand this week, abounds with fresh sen- sations from start to finish. The scenes are chiefly laid in Florida and the villains are picturesque Cuban smugglers. The first act, with its lake and wealth of tropical foliage, and the second act, an exterior view of the Ponce de Leon Hotel, are both elaborate piecesof staging. The members of tie stock company are all doing good work in the pluy. Mrs. Ann von affords pleuty of amusement. rt. of the Storm.,” Kioober, *Miss Frisco” is in its last nights at the Tivoli. A numberof the songs have be- | come popular on account of their catchi- ness and are whistled and sung exten- sively on the streets. Next Sunday aiter- noon a special per.ormance of this amus- ing work will be ziven in aid of the f.mi- lies of the deceased heroes of the late fire. Many accomplished volunteers have offered their services. On Monday even- ing Edwin Stevens will inaugurate his season with an elaborate produciion of the spectacular oriental operetta **Wang.'’ Josephine A. Sabel, the little woman with the big voice, is.the latest attraction at the Orpheum. She succeeds in accom- plishing the difficult feat of making the audience join with her in singing the chorus to & coon song. As a general rule | the andience remains mute and inglorious when requested from the stare to break into song. The lions, who did not take their meal on the first night of their public feeding with any zest, are now brcoming accus omed to being looked at while they eat, and the way in which their food arouses a good deal of iaterest “Aladdin and H's Wonderful Lamp,” at the Auditorium, is drawing good houses. Many of the songsand specialties are nightly encored, and the spectecular part of the production is going smoothly. On Monday R. C. White's *Mazeppa” will be produced. NEW TO-DAY. Why Not Remove of shortness of breath the Cause when going up siairs, ing or rapid taiking, smothering or sinking fast walkine, sweep- epeils (especiily at might). fluttering or pal- | pitation, irregular or intermitient pulse, faint- ing, weak and hungry spells, oporessed feel- Ing in the chest, pain or tenderness in the leit breast, side, shoul ler or arm, or under shoulder biade; as they are all sure symproms of a weak or disensed 9 heart which shou.d be D Miles: e nioans Nerves free. g% Heart Cure rt snd DR. MILES MEDICAL CO,, Eikbart, Ind. con- | structed the building, upon which several | A thou- | ‘Shenandoah’’ will be produced on | A. Forde, esvecially | they devour | XE¥ TO-DAT! $100,000 WORTH OF 50c on the $1 OFFERED BY THE 1 LARGEST | SHOE HOUSE ‘ ON THE COAST. All New,Up to Date Standard Goods, Bought for Cash when Market was Depressed. We are Overstocked on the Lines here quoted and must sell $100,000 worth before Sep- tembear 1. | Lot 1—Ladles’ Tan Goat Oxfords, narrow | uare toes... Former price $2—sale price 75¢ Lot :—Ladies’ Dark dan Goa: Russet Ties, | " coln toes Former pr.ce $2—sale price 95¢ | Lot 3—Ladies’ Fine Dongoia Oxfords, coin and | 7 opera toes, patent tips... 2 <o ... Former price $2-Saie price 85¢ | Lot 4 "Same grade shoe in narruw square toes at 95c Lot 5—Ladies’ Viei Kid “Souihern Ties to.s. patent tip...... S _Former price #3-Salc prics #1 15 Fine Vici Kid, Hand-turned | " "Sou hern Ties, narrow square tocs, patent | tps.C. s heels, an elegant shoe. sold formerly ai 83 5U—Now slaughieréd at 980 Lot 7—Lad es’ Fine Dars Tan ~outuern 1les, fine vesting, cloth top, new colu toes. .....; Former price 32— Now $1 08 Lot 8- Ledies' Fine Cocolate Kid Ox ords, seal brown, cloth tops, narrow, square toes, soit and comfortable for te- der feet..... . Former price, §5—Now $1 30 coin | Loz 61 aie | Lot 8—Ladies’ Fine Russia Calr Oxfords, dark ox-blood, Bluchereit cut, narrov square to . .. Reduced fiom $3 50 to $1 20 Lot 10—Ladies’ Fine French Kid, chocolate color, tie, BATTOW cottage toe, very genteel From #3 50 to $1 45 Ox ords, choco- arrow square toe,witu (1o of the ...From $3 10 $1 20 Treneh Kid Cxfords, ow square toe, patent a very dressy 8hoe. .......Former price §5, now $1 45 dies’ Fine Vici Kid Oxforas, hund- ned soles, coiu toes, with patent lesther heei foxings and iips. ... From $3 to 81 25 Lot 1i—ruvpu ur French Kid N ullifiers, narrow, 1ad OpSTa .0, patent t pi easiest tice »nown »m $3 50 to $1 25 Lot 15— French Kid Southern Tie, cclu 1028 snd |~ patent tips, cloih top, hand-turned s les. | Lot 11-Ladies’ Fine Vici K.a | 7 lute coior, same. S Lot 1z—Ledies’ " Fine | 7 Louts XV heels, nas | tip, hand-turned sols % ... Formerly 85 50, now §i 95 Lot 16— Newburyport 3-Buttun Uxfors, cofn ed soles, ..-¥3, cut to £1 28 | " Fine Vici Kid Button Boots, | “eloth or kid 10ps, new Detender toe, patent | tips. hund-turned soles. C. 5. heels 2 [sss -....... Former price 86, now 82 65 18 Fine French Patent 1e | ck_cloth top:, Louts Lot coin {0 s, turned soles; sold everywheze at $5: our price....... .. 3245 | Lot 19—iadiey Fine 'Kid Bution Boots, | 7 ful Loois XV neels, new c.in toes and ure toes, all sizes and widih: $5; during sale at. Chee la uis XV heels, seal Kid 'L , Coin toes, very genteel; were soid ut i Sale price. S TR T sies' “Fine Kid ‘furned Bviton rench last. pacent t v + with C. S heels; 10rm e price. .. +->-2.83 45 Lot 22— Ladies’ Fine Chrome Kid, Choco- late Oxiord Ties, nar Ow square toes. turned soies, fine' cloth tops: formerly $i:_now ) : $2 45 Lot 017—Ladies' Fine French Bronze Kid Ox- s, with fine siik vesting iops, cola toes, 'turned soles and tull Louis XV heel very sty.ish and dressy, used to sell at $6. ooiooo..........During sile at §3 60 | Lot 805 Laira, Schober & Co.’s Fine Chrome | XKid Tanned Boots. turns, fine French tan tops. circular foxed.........From $6 10 84 —Ladies’ lan Kid, Ian ¢ loth Top La Boots, turned soles, coi1 0es............ 2 -Cut irom 410 $2 50 Lot 5,7 Ladies Ox-Blood Russia Cali Lace £00.3, new coin toes, welt soles. ... 3 = Pric- 35, on sa e at 84 Ciir' me Kid, Cloth Top welt soles, on new Cuttiom $1 50 10 $8 Tan Chrome Kid Lou V heels, | Ladies” | 7 Luce and Button | last | dies Tios, Lot 1503 Southern turu; narrow square or pointed & 2 ..~0.d every whe:e at $3 50, sale price $2 60 Lot 100—Ladles’ Ox-k.00d Kid Uxfords, with fine corduruy 10ps (0 ma.ch. new coln toe, | Louis XV heel, very stylish..cu_fr.m 85 to $8 A large variety of zeritee; Lxiords aud Souih- |7 ‘ern 1is, in small sizes, suitavle for misses’ | wear: rigutar pri ¢ from $2 0 $3 50, now | . offered, 1n small 3 zes ouly, ac...............180 Infants’ kine Doi.gola =hoes, Lirn Soies and pai- ent tips, sold everywhere st duc and 60., | ourpii S R AT Child’s tine Dongola Shows. with patent tips: cut from $1 25 to. 1500 ves. sizes 0, Dig and b, 0 Child’s £ine 180 Goaz Oxfords, With tips, tarn | o, s.les, cai from 81 2510 : .....75¢ Child’s "\ an Builon Shoes, ail Sizes, greatly re- | _duced in price. | Misses’ Fine Black Dongola Oxfords turn soles, | * patent tiis. very nice, reduced 110m $2 to |, 31 a e Sosvesatasant s sdveecs Bl 8O Misses' Fine Dongoia Shoes, with patent tips, former v 50:d (L $2 50, nOW........... 3125 | Ladies’ Tai Canvas Leggins, best shape and materiai £ Ladies’ Bluc matena. ........ | Ladies' ~ummer wei 350 s Legsing, best shape and erscy Leggins. new £U0ds, 1u black, navy biue sod seal brown, firmerly scld ac $1 50, now Ladics’ Scotch 1 weed Leggins, cut Ladies' +ine Corduroy Leggins, in black, biue, drab Ladics’ 1 ck Cloth Over-Gaiters, cut from 50 (Better grades reduced iu price propor- tio.ate y). | Men’s ussia Uait Laco and Congress Shoes, | 7 very desi abie, ‘iormer proes $350 10 | . $420, vow offered at $1 45 to. ...5195 | Men's kine Kussia Calt ~hoes, lace and con- Eress, new toes, Goody ar welt o es, siyl- | . isb offered at.'..................82 9510 §3 48 | Boys’ Real Calf Hition Shoes of best giade wnd g.od shapes. formerly sold at $2 60 2.4d 83, we offer 100 pair at $1 per palr | Boys' Five Calt Button Shees, Goodyear welt | 7 scles, new ard stylish, formerly -0 at | 350 ana $4, 100 paircuc to.........$1 per palr Boy.’ 1an Soes, lace. and_ vuiton, in different oes, iormer price $2 60, $3 and 3 dU. now offered aL.. #1t05195 Boys' Best Patent Leather Shoes, Guodyear weit soles, dressy, did sell at $4and $4 5J, our sale price........ reenenn Bl 95 | We have many other leading lines not here qu: tea. Ask for them by letter or | telephone South 785 Cut this list out ior further reference. | See our windows. Iispect the stock as displayed by lot numbers in our stor. | . #180aua 8210 | | if out of city, mail orders. Goods ull | warrated as vejresen.od. | _These bargairs ca.’t last always. | | Make your purchuses as soon as cone Venient. R petent and obliging salesmen to show you the greatest of all bargains in Shoes ever oftered on this coast. |SAN FRANCISCO SHOE HOUSE 1 | AND THE OAKLAND SHOX HOUSE, 1059 Washington S ., Oakland. GEO. E. FAIRCHILD, President and Managen, - H—