The San Francisco Call. Newspaper, July 27, 1897, Page 9

THE SAN FRANCISCO CALL, TUESDAY, JULY 27, 1897. MHPEL AND § CONTRACT | i | Will* Be Well Paid if the| Heirs Defeat Mrs. | Craven. Attorney Wheeler Chided for | Arguing While Serving | as a Witness. | sses Again That He and His| Associates Believed the " Penoil” Will to Be Genuine. Fidgety Max Gumuvel, the handwriting | expert, had the first place on the pro- | gramme yesterday upon the reopening of the Fair-Craven litigation. But happily for Max he was not put throu very severe course of sprouts this time, being called merely for tne purpose of exhibii- ing and identifying the coatract he has with the Fair estate to serve itasan exj and witness. The contract wasduly produced and rec- n to the was Cor- ms when several ogniz: Iis contents w court and jury before, as G nered into confessing to th be was under cross-exa weeks ago. Under this cont bim §$3000 first for b then §2050 more if . Cr in the htigation, Gumpel was excused and the cross-ex- amination of Charles S. Wheeler, one of the aitorney is o] A Craven's , was commenced. Mr. Delmas of the cefense did the question- i e know 1m pe. o 1ation sct the estate ces an is beaten aven first made to acknowl- with the Mr. Wheeler w edge his conne petition of the of the so- now teing was taken to during the first of m that | He b, that her “‘papers’ were | relerred ral time In a subsequent | conversation she did teil lim that she had | deeds. } “Did at that time tell Mrs. Craven | that joodfellow had her deeds they | would be le niess Senator Fair 2 with him for her?” asked Mr. | ubstance I did,” repliea Mr. 1 eler said 1n answer to further that he could recail hav- his possession but one letter of | r's n eariierdate than 1880, at one, he thought, bore date of 1858, | e handw thisdocument differed ¥ irom the later specimen e | possessed, showing that the Senat | metuc yle of writing gradually | grew older. | questioned the testifying regards the first time | 's let to Mrs. | change:d Mr. De a he heard of Sern C n written in 1824. Mr. Wheeler said | be did not see it until in March, 1896, shortly after the beginning of tte pro-| ceedings 10 probate the *‘pencii’’ w ¥ ored the prabating of t will | on tbe ground that it _was asked by an Len, did you not?'” Kir. Delmas asked. | outsider, when Joe McAuliffe, a local | Objections welled up from the plaintiff's | man, could not get permission to hold an tab nd thecourt rujed that Mr. Wheeler | exhibition. e declared that Dan Lvnch, should be spared the annoyance of having | 10 makKe the admission. Wheeler's penchant for arguing to the jury and interjecting evidence calculated to the cause o plaintiff while serving simply as a wi nettled Mr. Deimas and that gentleman finally ap pealed to the court. | “The counsel on the stand places the cross-examiner in a very embarrassing position,” he said, **by going on here wits an argument instead of answering the | gustions put to him. We willinsist upon | fairness here.” | knowledge of Mrs. ! Mr. Wheeler's Craven’s trip to the Eas. was the uext| e of questioning. In re:ponse he said be had hearsay information to the effec that when she started East the lady as- sumed a name not her own. The witness | thought the name she adopted was “‘Car penter,” but he wasnot sure. *Is it not a fact that your information on that subject was to the effect that was Reuben H. Lloyd, one of your associ- ates here, who suggested that Mrs. Craven | go East to get the pencil will, under an assumed name?” «I had no information to that effect. It was Stechen Roberts who told me about her trip.” “Didn’t Mr. Lloyd know anything about it? 1 “I daresay he dia. Tue conversation took place in his office, and he may have heard some of it. I do not recall, how- | ever, whether he did or not. But 1 think it was understood that he knew about it.” | Mr. Wheeler was asked if he had not re- ceived some telegrams from Mrs. Craven while she was East, but he said he could recollect nothing of the kind. He did re- member that a man named Mulholland was to join the lady and take charge of the pen-writien will which she was to bring back from the East. W neeler was now taken back to the con- versation he had with Mrs. Craven, in which she said that Senator Fair told her when he execnted the pen and pencil wills that be intended to provide for her in apother manner. Mr, Delmas wanted the witness to be positive as to whether the Senator said “I will” or “I intend,’ but Wheeler could not be sure about it Both expressions, be thought, gave the supstance of what had been said. Wheeler said he examined Mr: Craven | and Mrs. Haskins thoroughly regarding | the information they possessed prior to | their going on the witness-stand in the | robate proceedings. g | “During that conversation did you tell | er of the ladies that you would take | eat care while they were on the stand | 1ot to ask them »ny questions about the nk will?'"’ asked Mr. Dalmas. | “I told them that my examination | would stov with the execution of tne pen- | ¢il will. My worcsdoubtiessty implied that | I would ask them nothing about the ink In answer to further questions Mr. Wheeler «aid he thought at that time that | if the ink will were ‘taken into court it would complicate matters and give those who would oppose the document an op- portunity to appeal. He did notintend | 10 tell anybody about the existence of the ink document, because be considered the latier merely a duplicate of the pencil will. He =aid he was sorry that Mrs. Craven hzd found out that the heirs had drawn up a contract agreeing to psy her the promised $500,000 in return for the sur- render of Ler ciaims. He was sorry be- cause she would probably be asked by the opposing counsel if she nad any interest | in the probating of the pencil will. Toat would bring out a statement from her that she was interested 1n that contract, lnd' the enemy could ask for the production of the contract. The contract would disclose the existence of the ink will, the very thing that Wheeler did not wish to have occur. An'adjournment until to-day was taken at this point, b R PR e The British Isles comprise no fewer than 2000 separate islands and islets, without counting the jutting rocks or isolated pin- nacles MEN MAY HOT LABOR T00 LONG Contractors Warned to Obey the Law on City Work. Dan Lynch Could Not Get a Permit for a Boxing Show. The Supervisors Asked to Bituminize Market Street From Montgom- ery to Ninth, The Board of Supervisors passed a reso- lution yesterday calling the attention of all contractors and proyeriy-owners to the provisions of the law gaverning labor em- ployed on City work. It was introauced by Supervisor Britt, | who stated that the legal day for City work was eight hours at a compensation of not less than §2. He stated that the law being violated, and that if con- tractor s were not careful they would in- validate their wor The resoiution was passed unan:mously. The board deci ied to send a formalinvi- tation to President McKinley to visit this City, the leiter to ve signed by Mayor Phelan and Clerk Russeil. The San Francisco Gas Light Company was inst ructed to remove ys all of the unused gas- in the Gity. It was decided to ask the Government to erect new poles as resting-places for the maii-boxes. Supervisors Clinton and Rivers and Su- perintendent of Streets Ambrose were granted days leave of absence ecach with permission to leave the State. Joseph Dunn was reappointed an As- ant District Attorney at $250 per month. The Western Addition Funeral Di- rectors, contractors for the burial of tne indigent dead, were directed to procure, after January 1, 1898. a place to make the interments outside the City limits. Jonn J. Lynch, clertk of Police Court 3, sent 1 his resignation Reid Bros., the contractors, asked for permission to construct a tunnelfrom a power-house on Stevenson and Third streets to the Spreckeis bu:lding on Third and Market streets. The matter was re- ferred to the Street Commitzee. Supervisor Smith made a vigorous pro- test against permission beine granted to parties owning properiy at 31 Bacon place to improve their properiy. He declared that it was the intention to use the im- provements for immoral p and that it should not be ailowed. The ver- mit was granted, nevertheless, by a vote of 7 to The progress of the preparations to im- prove Alamo square were staved until the tax levy shzll have been made in Septem- ver. The California Association of Cycling | s Clubs petitioned the board to provide the next levy for the paving with bi; tumen of Market street, from Montzom- ery to Ninth, The matter was referred to the Sireet Committee. The Bear Club was refused a permit to iuct a boxing entertainment, by a r vote. Supervisors Smith and opposed the graniing of the permit cor pe. Brit who was the mansger ana responsible for the Fitzsimmons-Sharkey fiasco, was be- hind the k several members who had agreed to vote for the permit asked to be excused from votin The re: was a vote of 6 for, 3 xeused, the Mayor declsr- ing the resolution defeated. —_—— STREET IMPROVEMENTS. Summary of the Week’s Work Acted On by the Board. The following is a complete record of the sireet improvements which passed ¢ | the Board of Supervisors at yeslerday’a’ session: AWARDS OF CONTRACTS Clement s'r ers, e1C., L0 Philbin & McCartby. ond aver regrading, sidewalks, exc, to J. J. aul- t, Twenty-sixth 10 Army: wer, ¢ 0 Joha W. Pierce. ¥-second 1o Twenty-third—Grading to H. A. Whitiey. Faraliones stree rading, curbs, Capitol to Plymouth avenue— miziog to J. R. Blanchard. e wud Faraliones sireet—Grading, to J. B. Blauchard. *apitol aver curbs, etc. “utter an <10 F. Lefllor. 0N ORDERING STREET WORK. Potrero avenue 1o Kansas—Curbs asto Arkansas— ame. Arkansas to Missis:Ippi—Same. uc-y to Tennessee—same. Tenriessee—Same to Minnesota—same. 10 Indlans—Same. nesoia—same Union to Fiiberi—Cobbles. yeamore and San Carlos avenue—Curbs, storm- waier inlet, grating, eic., and paving for southerly Lt Svcamore and Lexington avenue—Same. Cole, 0 Frederi -k— Scott, Lombard to Ch 4 Grove and Frankin—Artificial stone sidewalk on northeas. corner. na, Sixii to point 100 feet northeasterly— Artificia; sione sidewalk on northwesteriy iine. RESOLUTIQN OF INTENTION TO ORDER STREET WORK. Franklin and Filber.—Curbs, paving and side- walks, et avenue, Bay to North Point gomery avenue to Leavenworth— third, Guerrero 1o Dolores—Curbs and pavin, w to Lombard—Curbs and paving. Minnesota, Nineteenth to itieth—Grading and pipe sewe Filbers place. Union to Fil bert—Plpe sewers, etc. iwenty-ibiid, Chattancozs 10 Church—Curos, paving and gutier Laussot avenue, Filimore to Steiner—Pipe sewer, etc. V alparaliso, Jo: s 10 Roach—<ame. (." Farrell, <UDa W nuchanan—Same. Valparaiso and osch—1 ipe ~ewers, eLe. cramento and :pruce—Ariificlal sione side- walks on northeast and southeast (orners. Golden Gule avenue, Jutes (0 Leavenworih— BSlone sidewalks ou southerly side. Jones, McAllister o Goldeu Gate avenue— Stone sidewalks on westerly side, Mason. Post (0 Suttei—same. Post, Mason to Taylor—>ame on north side. dl 1lis, Leavenworth to Hyde—Same on southerly side Kllis, Hyde to Larkin—Same. «Leavenworth, Goldea Gate avenue to Turk— Same on westerly side, Turk, Leavenworth to Hyde—Same on south- erly side Leavenworth, Go'den Gate avenue to Turk— me on westerly side. Turk, Leavenworih to Hyde—Same on south- erly side. Tweot,-first and York—Storm water Inlet, grating and culvert Army, San Bruno aveue o DeHaro—Plauk sidowalns. Army, Mission to Alabama—Same. Bay aid La: unia—Pipe sewers, curbs, etc. ny, Laguna to Buchrnau—Lipe sewer, ote, Pay and Buchanan—Pipe sewers, culver:s, grat- c . Buchanan to Webster— 8rick sewer, etc. 7 srick sewer and pipe sewer, cesspoois, culverts, 3 Webste', Bas 1o North Point—Brick hewer, ete, RECOMMENDED PASSED T0 RESOLUTION ORDER- %6, Clayton and Waller—Curbs, paving, etc. Montgomery avenue, Bay to North Pofat street—Grading. STRMET WORK RECOMMENDED mY TENDENT OF STREETS. Nineteenth, Folzom to Harrison—Curb and pav- SUPERIN- ng. Twentietn, Folsom to Harrison—same, Twentleth, Howard 10 Folsom—Sawe. and Electric | It was accepted. | ar Club, and on hearing this | G Seventh o kighib avenue—Pipe | Cleme..t L0 Point Lobos avenue— | . southeast corner—Artificial | Twenty-first and Harrison—Paving. Twenty-first, Harrison to Bryant—Curbs and paving. Alabama, Twentleth to Twenty-first York, Twenty-second to T wenty-third Memphis, Iwenty-second to Twenty-third— Same. O'Farrell, Broderick to St. Joseph’s avenue— Same. |, Twenty-sixth Valencia to San Jose avenue— Artificial stone sidewalks. Jo es, Washiugton to Jackson—Pipe, sewer, etc. Har:json, First to Fremont—Pipe sewers, etc. Lombard, Gough to Octavia—Curbs and paving. Lombard. Lasuiaio Buchanan—same. Lombard, Buchanan to Webster—Same. Lombard, Webster to Fil more—Same. RESOLUTION OF FULL ACCEPTANCE. Falr Oaks, Twenty-second to Twenty-third—Bi- tumen. Erit avenue, Clay to Washinzton—Bitumen. Green, Hyde to Leavenworth—Busalt. Fuiton, Shrader to ~tanysn— Bitumen, Sacramento, First avenue to CLerry—Same. Sacramento aud Spruce—Same. Page, Cole to Shr. der—Same, Page, Clayton to Cole—same. Sacramento and Cherry—~ame. Sa ramento, Cherry 16 Mapie—Same. Laguna, Haight to Waller—sSame. Fourteenth, oe to Castro—Basalt. Shotwell, Nineteentn to I wentieth— Situmen. Tremont avenue, W alier to | rederick—Same. Treat avenue, | wentieth (0 Twenty- first—same. RECOMMENDED FOR FULL ACCEPTANCE. Linden avenue, Vau Ness 10 Fraoklin street— Bitumen. Firsi avenue, California street to Sacramento— Same, enue and Sacramento street—Same. uo, Sacrrmento street to Clay—same. First avenue and Clay sireet—Same. Lombard. Octavia 10 Leguna—Same: Uctavia aid Laguna—Sume. Lombard and Oc. avia—Same. Lombard and Gough—Sawe. Cole, Beuish to Waller—Same. Cole'and Beula—Sawe. Fage and Devisadero—Same. Cole and Waller—zame. RECOMMENDED FOR CONDITIONAL ACCEPTANCE. ; Jansen, Greenwich Lomtard—Basait. ORDER REDUCING WIDTH OF SIDEWALKS. 5 Dearborn piace—HKeduced 2 and established at teet. OBDER ESTABLISHING GRADES. enue, 300 feet northe Poiut Lobos—Estabusied at 182 feet. Thirty-first avenue, Foint Lobos to Clement street—Established to conform ou true graiients 10 crades abov. uamed. Thirdeih svenue, 300 feet northerly from Point Lobos—Establisued at 164 feet. Ihirtieth avenue, Foint Lobos to Clement street—cstablished to conform on true gradients y from 10 those above named. EXTS sanche: SIONS OF TIME GRANTED. I'wentietk to Liberty—1To J. W s on grading. aucuez—To Currier, ninety days on . Smith, | erick, Union to Fiibart—To Buckman Cop- | tracting Company, thirty days on sume. | Geary, Kearny to Poweli~To Fliun & Treacy, | thirty Gays on paving. Buker, 1onquin to Lewis—To Warren & Maliey, Dius ty days on gradinz, macadamizing, ete. |~ Broderick, J efferson to lonqain—>ame. Lyon, Unlon to Chestnut—10 bauiel Harney, on suker 10 Lyon—Same. Francisco to Beach—To Flinn & ¥ days on brick sewer, etc. Union und 11 vior—same for paving. Cheners, Mateo 1o Miguel—~ame. Roanoke (0 Castro—sume Eddy and Gough—To J. J. Dowlings, sixty days \iforiia, Cherry to First avenne—To Union Compans, ninety days on paving. California, Mapie to Cherry FXTENSIONS OF TIM Twen aveny grac OBIECTIONS TO STR+ Eugenle str Lob: s avenu © WORK SUSTAINED. termination to Point ank sidewn ks. Wood sireet, northeriy termination Lobos avenue— Same PETITIONS REFERRED TO STREET COMMITTEE. Stockzon, O'Farrell to Geary—Business men for better ment of condiiion to Grant avenue—W. O’B. Mac- 15, for removal of raflway rails. | | ! i Cheuer, | i | | | { | | | | to Point Miguel uul improvement Club for con- struction of Steel bridge over Souihera Pacific oad. Kai o avenus, Fourteenth to Fifteenth—Prop- ~.woers for board to rescind its action posi- McCormick to repair » and Ca ifornia — Property- by Drivate contract. ue to N inch—Cailfor- iig C.ubs fr acceptance of pou repRITing. hird to Twenty-fourth—Prop- n of widih of sidewalks. est of Tnird, to point on 7 of Third, tunnel to north side of § +ven teid Bros. tor pe:misy connect CALL butidin Broadway, Tayier v wich cchbles, and then e Lo Jones \ireet w Proper y-owners to pave by pri y-fourth, Gue rero to Fair Oaks— Property- owners (0 puve by private cONLract. Twenty- m L0 ‘lieat avenue—Same. unset Sunset District 1mprovement | Club for muin interc-pting se T. | FIrs inth &na Tenth avenues and adjacent | region"Sunset District: Improvement Club, for | macadamizivg. Valparaiso, Jones to Roach—Property-owners, for pipe sewer by private contract. | Hil aud Castro—Same, 10r s ormwater inlets on northeast and southeast corie M. er, Lyon to Centrsl avenue—Property- | owners, for de-iial of protest agains pnving. |~ Prosper. Sixteenth to senth—Property- owne.s. L0 pav= by private contract. *sabury, Uak to Page—Sam Twentie b, Folsow Lo Harri:on—Same. Channel, Kansas. Eighth nd Tow.usend (Inter- section)—<outhern Pacific Kailroad Comp .uy, to erect and mainiain a tower for the sufe uperation | of gates. PROTESTS REFERRED TO STREET COMMITTER Mason, Post to Sutter—Thomas Emery Sons, agai_startificial stone sidewa k.ilis, i1yde to Larkin—M. Smith, against same on sauth side. Lyon, Ouk to Page—Property-owners, paving. | rt, Plerce 10 Steiner—Same, against paving agains: Kearny and Bush—Merchants and ers, against granting A. Valentine priviiege of ng pole, electric Light and sign. < liist-r, Lyon to Central aveuue—Property- | owners agains: paving. | " Toureks, Nneteen:h to Twentleth—Same. O’ Farreil, Laguns to Buchanau—Same. Saa Jose avenue, Tweniy-fifth to Twenty-sixth— Same. ~eventeenth, Kansasto Arkansas—Same against o | macadamizing, etc. | “seventeenth, Mississippi to Arkansas—Srme. Cluyion, USK to Page—>ame agalnst paving. Waller, Cole to Clayton—sSame. Guerrero, Twenty-elghth to point 213 feet south- erly—~ame. REPORT OF STREET CCMMITTEE ON MATTERS SUBMITTED AT PREVIOUS MEETING. Maple, C.ay 10 Washingion—Ail bids recom- | menden rejected. Puc fic, F'ront to Davis—Boar] wiil recommend basiit paving when property-owners are willing 10 pay haif the expenses. Twenty-second, Folsom to Harilson: also Tweaty-second, Harrizon 10 Kiorida; also Twenty- second and Harrison—Property-owners may pave by private coitract. Central svenue, Oak to Page—Laying of side- walks postponed six mGuths. Fifceenth, Valencia to Guerrero—Same. wuerrero, Thir.een:h to Fourteenth—Same. Firsta street—superiniendent 0f Streels may remove | trees. | " Lompard, Webster to Fillmore—Same Maple, Clay to Washing on—Property-owners ¥ CONSLIUCE Sewer by private contiact. | uerrero, ‘I weniy-fifth to I'wenty-sixth—Prop- | erty-owners may pave by private contract. ty-third, Guerrero o Lolores—same, | Guerréro und Tweaiy-third—Sume. | Lyon, Hayes to Grove—Same. | Guerrero, T'wenty-fourth toTw | Geary, Stockton to Fowell- granite curbs. Geary, Powell to Kearny—Superintendent of | Streets may sign contract with Filun & Treacy to pave between railrca { tracks. | ¥lorian, « wenty-tbint to Pwenty-fourth—Projp- | erty-owners may pave by | rivate contract, | " Lombara s re-t—Laying of gas mainsin same | | | | m aty-fiith—Same. ame for resetiing recommend-d vefore sirest WOr 18 becun. ivy aveuue, Lagune to Buchanau—Artificlal stone curbing may ve retained. Tyde, Vaiiejo to Green—Michael Douns may re- cousiruct sidewalk, | “'Noe and rili—Sewer should be constructed. MeAilister, Broderck 10 Masouic avenve— | paving recommended. | “iwenty-fifth and Herrisor — Property-owners 4 may do s -wering. E ~an Jose aveuue and Thirtteth—Against pay- ‘Eolden wate avenue and Taylor—Grade recom- mendel changed Lomberd. Hyde to Leavenworth —Property-own- ers may pave by private contract. Harrison, Maln to Spear—Same for curbs. Harrison, Fremont to Beale—Same for sewering and paviog. Fremont and Harrison—Same for paving. Sixteenth, Sanchez (0 Markei—same 10r grad. tng ana luy(og sidewalks. Shrader, Huigh: to Wa ler—Against paving. Other petiiions and protests reported o ad- versely or olaced on file THE NEW TARIFF. Into Effect Last Saturday Morning. The Collector of the Port received two dispaiches from the Secretary of the Treasury yesterday, which sertles the questior as to ihe time of the gcing into effect of the Dingley tariff. They are as follows: Department holds that new tariff law covers and includes all cusioms business of July 24. New tariff Is a law and has gone 1nio effect unless hereafter modified or revoked. The new tariff applies also to all goods in bond last Saturday. granite It Went property-. | enue, Puint Lobos avenue to .a ifornia | SAAG HOFFNAN' HANDWRITING i Its Peculiarities Pointed Qut by Expert Reich- man. He Receives a Sethack at the Hands of Ex-Judge Louder- back, Vexatious Delays Cause the Trial of Theodore A. Figel to Drag Painfully Along. The defense in the case of Theodore A. Figel charged with cmbezziement had handwriting expert Jobn Reichman on the rack nearly all of yesterday. They probed him for hours for some weak point upon which to base a motion to strik» out his testimony to the effect that tne $95000 receipt is a forgery of the name of Isaac Hoffman. The unbappy expert was made to tell his history from his birth, give an Ckla- homa exhibition of bis ability as an im- itator of writing, and many other things disagreeable to bim, butapparentiy pleas- ant for a half dozen other writing experts who are to be called by the defense later on. George Goelinger was the first witness in the morning. He is the clerk of the Rothehild & Achfirm of attorneys. He { simply idenufied the $9500 receipt handed by Theodore A. Figeljto Joseph Rothehild. Charles F. Hunt, accountant for the London, Paris and American Bank, testi- | fied-only as to the correctness of the tags, checks and other papers already pro- duced in the case. Expert Reichman said: *I was born in Fraakfort on the Main, Germany. I came to this country and lived for twenty-two vears at Houston, Tex. Later I went to Fresno, and I have been a resident of that city ever since— sbout ten years. In Fresnol was cashier | of the Farmers’ Bank. At onetime I was City Treasurer of Houston, Tex. “My vusiness required me to study handwriting. I was called upon very fre- quently in court cises to give my opin- ion as to handwriting. I never made a special business of being an expert. In this case my examination was made with a microscope. I used a microscope 1n just one other case. The W. A. Sanders case is one I specially remember. John Wootton, who bad dicappeared, and who has never been heard of since, was said to | have left a wiil, which proved to be a for- | gery. I wasan expert in that case, and I | used the microscope as I have in this case. Sandersis now serving a term in the peni- | tentiary.” o Witness, led on by Judge Louderback, recited a dozen minor cases in which be nad been cailed as an exypert in hand- writing. There were a score of cases, nowever, of which he had nothing to say, as the parties who emploved him out of court did not care to have him testify. Witness expressed a desire for a’ black- board, as he could betier illustrate the difference he observed in signatures of 1saac Hoffman as submitted to him and the signuture on the $9500 ~eceipt. “There are certain cumaracteristics in the handwriting of Hoffman that I do not | observe here,’” said the witness, *For | instance, Hoffman made a peculiar stroke of the pen in the connection beiween tne capital letter H and the letter 0.” Judge Camnpbell said he had been eight | years on the bench and he had never yet | had to call in a blackboard. However, if | it was blackboard that was wanted, biack- board would be had. Then ensued a haif- | hour’s delay whiie the bailiff, the clerk, a | coujple of policemen and ex-Judge Murphy went foraging. When the desired board was secured, there was no chaik, and another hali-hour passed. So moves on the trial of Theodore A. Figel, the most peculiar case ever heard in the Police Court, it being a conglomeration of em- | bezzlement, forgery and murder all rolled | in one, the entire testimony, according to | agreement between counsel, in the em- bezzlement and forgery cases to be ac- zpted in the more serious case. Taking his place before the blackboard, the expert explained that I.a:c Hoffman had two ways of signing Ho, the two first letters in his last name, and that in all the exemplars placed before him as genuine not a single one showed the cross stroke of the letter H connected with the Jetter o, as in the signature of the receipt. Again, the last the lastthree ietters, m, a, I'n, in the name on the receipt were spread cepted signatures, | " The ex;ert witness was quite in earnest of the ““Ho'’ connection that never oc- curred in any of the genuine signatures. Ex-Judge Louderback immediately be- gan running over a bunch of several hun- dred canceled checks and produced one made in favor of Heineman & Co. for $30, in which tue connection showed as in the | receipt. The witness will be heard again this | morning. THONTING FOR WELBURN. | His ‘ Bondsmen to Have Him Examined as to His | Sanity. The bondsmen of ex-Collector Welburn on the criminal charges azainst him in the Federal Court have been looking for him for a day or two for the purpose o having bim examined before the Commissioners on Lunacy as to his sanity, It is said that he hasbeen acting queerly for the last few months, and his friends | say that they beliave his mind has become affected by excessive drinking and dissipa- tion. Should the commission find that Mr. Welburn is insane, he will be committed to some one of the many asylums in this State and contined there until he will have recovered and will have been legally dis- charged. This proceeding, however, will not af- fect the proceediags in the courts against him. He wiil be indicted by the Uniied States Grand Jury now in session and the proceedings against him will be carried on up to the point of actual trial. Should he be discharged cured the indictments will hold and he will be placed on trial. Baut as de- lay is everything to the accused his Iriends hope that the matter may be squared in some easy way after the public memory Lias passed over his misdeeds. | The continuation of his examination on the two charges of embezzlement has bsen set for this morning at balf-past 10 o’clock, but it is believed that his counsel will waive further examination and wiil allow the sccused to be held over. Louis Loupe, the deputy of Mr. Welburn, is confined to bis bed in his home in Gilroy and wili not be able (o appear at the examination this morning. T signature of is on every mm;u _of CASTORIA, over more space than in any of the ac- | | and em phatic, esvecially when speaking | A UESTION OF LEGAL NEGLECT Close of the Important Semi-Tropic Liti- gation. 8, M, Shortridge Presents the Case of Bonebrake and Merrill, Plaintiffs Pierce, Pope & Talbot Said to Have Neglected Their Own Interests. Attorney E. 8. Pillsbury opened the ar- gument in the Semi-Tropic Land Com- pany’s litigation yesterday morning by calling Judge Trouti's attention to what he considered the original and continuing intention of the contracting parties in the disposition of the indebtedness. Mr. Pilisbury thought that when Samuel Merrill, George H. Bonebrake and F. C. Howes signed the guaranty to pay $50,000 if the Semi-Tropic Land and Water Com- pany should fail to do so it was intended that the persons who advanced the money, Henry Pierce, Emily F. Pope and W. H. Talbot, should not press the guarantors until the resources of the property under morigage had been exhausted. He in- sisted that after the failure of the Semi- Tropic Company to meet its obiigations the defendants bhere asked for leniency and that indulgence was erantea by the plain- tiffs 1n this action. He said the delay in bringing the suit was occasioned by the representations of the defendants in this suit and that, therefore, they cannot be allowed to take advantage of their own acts in this regard. £. M. Shortridge, attorney for defend- ants, Bonebrake and Merrili, replied that the guaranty signed by the defendants was absolute and simple in its terms; that it was unconditional, and that the instant the Semi-Tropic Company failed | to pay the defendants were bound 1n law for the amount of the debt then due, and were so held by the plaintiffs, who ex- pressed themselves plainly in that way in their letters to all of the uefendants. The guaranty was executed on June 1, 1889, the terms of the instrument _being that if | the Semi-Tropic Company should fail to pay the debt on June 1, 1891, the obliga- tion would be discharged by the guar- antors, who are the defendants here, ac- | cording to the conditions snd terms of the | note and mortgage of the Semi-Tropie Company. These words were set forth in pleaded, so that when the defendants de- murred to the complaint the court said there might be somethin: in the mort- gage that would be construed to extend the fterm of the guaranty, so that the statute of limitations would not begin at once to run as against tbe claim of the plaintiffs. The demurrer was therefore overruled and the case was calied for trial. | The gentleman on the other side declined to introduce the mortgage in evidence, =0 when be rested his case the record was the same as it was when the demurrer was overruled. The first thing the defendants did was to put the mortrage i evidence. On its face the document showed that it was a plain, unconditional guaranty, guarantees having agreed to pay the claim according to the terms of the mort- gage, their liadility accrued the moment the debt of the Semi-Tropic Company be- came due. At that instant also the stat- ute of limitations began to run. beginning of this suit, Mr. Shortridze contended that there was no legal claim against the defendants, “I do not stop to discuss the question of the pleading of ths statute of limitations-— whetber it is an inequitable defense or not,” saia Mr. Shortridge. termed a statute of repose, so that no one shall be allowed to spring stale claims on an individual or a corporation after a legal term of time has elapsedt, and after the available property has been, perhaps, dissipated, so that the party sued has no recourse. But there here that show how equitable is the posi- tion taken by the defendants in this action. ence, by ihe letters read by themselves it 1s plain that their own neg'ect caused the loss and that they were warned in time for them to protect themselves and the guarantors from loss if they had exer- | cised proper caution. In that event there would have been no deficiency judement and all this litigation would have been avoided. If the plaintiffs had sued on the zuaranty at the time they were by law al- lowed to do so and had obtained jude- ment, they at least would have assigned 1o us the note and mortgage of the Semi- Trojic Company so that we could have looked to that source for reimbursement. But they elected to pursue the security of the mortgage, and® by their own careless- ness having failed to guard and secure NEW TO-DAY. MANLY! True manliness depends cpon a Electricity is a nerve tonic—an invigorant. It is healthy nerve power. akin to vitality in man. Would you § 4 be manly ? Then fill your system B with electric energy. Get ELECTRICBELT| It builds up vital energy. Not a drug, but nature’s remedy, It has cured thousands, Call and see 1t or send for book, “Three Classes of M Men.” Free by mail Address SANDEN ELECTRIC CO., 632 Market st, opp. Bl Paiace Hotel, San Franasco. Office hours=8 .. to 5. m.; Sendays, 1010 1. Ofices at Los, Angeles, Cal, 204 South Broadway i Portland, Or, 253 Washington st.; Dent ver, Calo,, 933 Si® tecath the complaint, but the morigaze was not | are other defenses | ‘‘According to their own correspond-i and the | More : L i than four years having exvired before the | “It has been | | | | i their rights they cannot legally or equita- bly complain against the defendants in this action.” Mr. Pillsbury responded that all the acts of the parties to the transaction | showed that they looked to the fore- | closure of the mortgage before any other steps should be taken. He thought there was good ground for the position taken ty the defendants, either in respect to the | statute of limitations or of laches, and | therefore asrzed that judgment be given for the plaintiffs. Judge Troutt ordered the matter sub- mitted for consideration, the lawyers being granted time in which to file papers necessary in the case. | FOUND MANY EXTRA CARS| License Collector Bonnet Discovers a New Way of Increasing the City’s Revenue. License Collector Bonnet has found another means of increasing the City’s revenue through his office. He had rea- son to believe that more streetcars were in use than were stated by the various com- panies, and recently placed deputies at the ferries to check the cars as they came arnd went. He stated yesterday that he bad ascer- tained that there were 170 more cars ran- | ning on the Market-street system than shown in the last quarterly statement of the company. Nine more on the San Francisco and San Mateo route, four more on tbe Presidio and Ferries line, and cer- tainly more on other lines. When his work on this ‘ubject is finished he expects to increase the City’s revenue by about $3500 per year out of the. licenses that must be paid by these extra cars. Mr. Bonnet is also looking into the mat- ter of free licenses granted veterans of the war and others to see whether or not all | that are given out are put to proper pur- | poses. - —_—e- FELL DEAD. Frank Quigley. Arrested for Drunken- ness, Stricken With Heart Disease. Frank Quigley, a prisoner at the Cali- fornia-street station, died at 7:10 o’clock | yesterdsy morning while proceeding to | clean some cuspidors. He was arrested by | Policeman H. G. Smith at half-past 5 | o’clock on Sunday aiterncon on Dawvis | street for being drunk. It is customary for the “drunks” and “tramps” to clean the cel!s every morning. Quigley was walking toward the rear of the building with two cuspidors in his arms when he suddenly fell to the floor and died instantly. The body was taken to the Morgue and an autopsy revealed the fact that disease of the heart was the cause of death. Tie deceased was a blacksmith, aged about 50 years and a native of Ireland. e A Schooner Libated. | James Miller and Charles Herlihy yesterday | filed & libel in the United States District Court against the schooner Energetic to recover $78 each, wages alleged o be due them as seamen, and $20 65 as their one-third share of the earnings of the schooner while hauling gravel recently. NEW TO-DAY. | and the most beautiful ever Just when you |Three great bar- @ | need them most. zains are brought [ DISSOLUTION OF PARTYERSHIP § ' i and stripes—the 15-centkind will be sold for 8c Extra Quality of Japanese Matting, in satin damask and inlaid de- . | The latest, the | | RI tt 01 coolest - looking M| attings turned out by Ori- ental experts. 1 out this week by our SALE. ‘ Fancy Mattings—handsome checks Fancy Reversible Mattings, linen warp, reduced from 25¢ to....15¢ | signs. From 35c the price has been reduced to...20 and 25¢ K)OO Rolls of Fine Matting, worth ~ from $10 10 $15 perrol, will be sacrificed ar §5 50 per rol. We | make this 0w price because there is | but one roll of each pattern. Each roll | contuins 40 yards. | | 'WE ARE HEADQUARTERS FOR OILCLOTHS AND LINOLEUMS. Pattosien’s, Sixteenth and Valencia Sts.—-S. F. TO-DAY'S SPEGIALS! —aT— FIGURES THAT REPRESENT ONLY A FRACTION S OR— REAL VALUES GLOVES! 10 n LADI SUPERIOR 0 A GLOVES, in dark and medium shades of tan, brown and gray, extra good value for 2 on special sale to-day at 10¢ a pair. - GLOVES! —200 RIBBONS! RIBBONS! —1000 pieces ALL-SILK, COLORED SATIN AND GROS-GRAIN RIB- BON, in assorted co.ors, vaiue 12}4c, will bs cios2d out at 614c a yard. 6 LADIES’ WAISTS! ~LADIES’ LAUNDERED SHIRT WAISTS, detachable coliars, regu- lar price $1, will be closed out at 35¢ each. 336 BLACK SILK! (¢ 100 yads BLACK BROCADED 0 GROS-GRAIN SILK, latest designs, iormer price $iznd $125, will be closed out at 70¢ a yard. - BLACK DRESS GOODS. 1500 yards 39-INCH BROCADED 20 ZUC ENGLISH MOHAIRS, wor:h s0c, will be closed out at 20c a yard. ©-0-0-0-0-C-0-C-0-0000 AN EXCELLENT always be obtained in THE GRILL ROOM OF THE Decidedly the PALACE Properiy prepared and Most Popalar Dining Apart- ment n town. & is_a non-poisonous for_ Gonorrheea, permatorrhma, unnatural dis charges, or any inflamma- tion, irritation or ulcera- Gleet, S ¢ not to striesare. Prevents contagion. tion of mucous mem- THEEVANS GHEMI2L 0o, branes. Non-astringent. Sold by Dragyists, or sent in plain wrapper, by express, prepaid. for &x ), of 3 bottles, §2.75. cbiar sent on request. DR.MCNULTY. THIS WELLKNOWN AND RELIABLE OLY Spevialist cures Private, Vlood wnd Skin Di s Over Book, free. Putients Hours. 9 to3 P. ROSCOE McNULTY, M. D., Hearny Street, San Franciace. Cal, MaszL.. I expect you'll think me a crank on Ripans Tabules. want to tell you the latest case. 1 Roswell was here from Schenectady. You know he’s Emily’s husband: he was looking as yellow as saffron, and I went right over to the drug store opposite and bought a supply of the Tabules, and made him take them according to the directions—three a day. Lucy. Did he doit? MABEL. complexion cleared Yes, and you ought to have seen the change in him; his up in the week he was here, and . Em writes that she neyer saw such a change in a man in all her life.