The San Francisco Call. Newspaper, August 4, 1897, Page 8

THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 4, RELOGTANTLY THEY LET &0 Counsel for the Fair Heirs at Last Proclaim Their Case Closed. Even Then They Vainly Sought to Reserve the Privilege of Reopening, The Defense's Opening Address to the Jury Will Be Made This Morn- ing by Judge Denson. One juror forgot himself and actuslly clapped his hands. It was nearing the usual hour for ad- journment in the afternoon of yesterday’s session of the Fair-Craven trial when At- torney Mitchell, one of the host of talent for the heirs, arose, and with an attempt at being dramatic announced that the case for the plaintiffs in the greatsuit was closed. But even so, the gentlemen who have held the stage these past four months were reluctant about letting go, und_, as had been the case with many a previous announcement coming from their side, this one had a string to it. Mr. Mitchell added to his decree that while their side was closed still it wasn’t, for the examina- tion of Reuben H. Lloyd had been inter- rupted by that gentleman’s illness, and it was the desire of the counsel for the heirs to reopen their budget as soon as Mr. Lloyd was in condition to reappear in court. Mr. Delmas; as the leader of the de- fense’s line, quietly remarked that it was obvious that Mr. Mitchell did not mean what he said when he announced the close of his case. “We will object to opening our case until the plaintiffs bave closed,” Mr. Del- mas added. Attorneys Mitchell, Wheeler and Mc- Enerney indulged in a conference and then proclaimed once more that their case was closed—but once more with that string to it. And, naturally, Mr. Delmas reiterated his determination not to open until the other side had quit *‘on the square.”’ Judge Slack grew impatient and said that something definite wouid have to be agreed to or he would treat the matter arbitrarily. Either the plaintiffs had closed or they had not. He wanted to know just what they meant. Wheeler took the floor and beseeched the-court for the privilege of recalling Mr. Lloyd at such time as he might be physic- ally able to attéend court. Attorney Delmas sought to help his op- ponent out of his dilemma oy proposing that the.questions it was intended to ask Mr. Lloyd be propounded now, just as if the gentleman were on the witness-stand, and maybe the defense would admit that he would haye answered in the manner desired by the counsel for the heirs. . But Mr. Wheeler said he could not take ad- vantage of this offer, because he did not really know just what gestions he wanted to ask the absent witness, The court again interrupted to say that some way out of the difficulty would have to be devised, and that quickiy. ‘This had the effect of bringing the heads of the plainuffs’ counsel together again in con- ference, and when tuey got through whis- pering they announced their surrender. They would close for good. It was subse- quently agreed, however, that the gentle- men cou/d prepare a set of questions directed to Mr. Lioyd, and submit them in court at this morning’s session. As it was rather too late in the day now to proceed immediately with the opening of the detense, the court directed that that 1mportant event be also reserved for to-day’s record. The defense’s opening address to tke jury wiil not be delivered by Mr. Delmas, as seems to have been the general impres- sion. Judge Denson, one of the ablest of Mr. Delmas’ associates, will be the speaker. The attorneys for Mrs. Craven say they will put in their evidence rapidly and will not consume a tenth part of the time taken up by their opponents. Aside from ths welcome declaration of Mr. Mitchell and his associates there was little of interest in vesterday’s proceed- ings. The greater part of the session was given over to proving the value and the income of the property in dispute, and also to an effort to show that Mrs. Craven did not attempt to collect the rents de- spite the fact that she held deeds to the property. This was testified to in part by Charles Stewart, bookkeeper for the Fair estate, who Dhas been coliecting the rents. Mr. Mitciell offered in evidence at the afternoon session a copy of Senator Fair’s assignment of §50,000 worth of Northern Railroad stock, the proceeds of which, ac- cording to the terms of the assignment itself, were to be devoted to probating his “last will and testament.” Mr. Delmas objected to the introduction of the document, on the ground that it affected no issue involved in the suit. The court let it in, however, and then Ed- ward Owens, another Fair estate attache, was called to the stand and asked if he bad not heard the contents of the paper read in Judge Slack’s court on March 16, 1 The object of this was to show that the contents of the document were notoriously public snd therefore must have been known by Mrs. Craven. An argument foliowed as to whether or not Owens should answer. Mr. Delmas contended that Mrs. Craven could not be bound by what took place in court a year ago in connection with a proceeding in which she was not a party. Mr. McEner- ney, for the other side, claimed that tuey had a right to presume that the lady knew all about the contents of the docu- ment, because of its having been pub- lished in all of the morning newspapers and being a matter of general notoriety. The court finaily ruled that Owens could answer, and his response was that he did hear the document read. Under cross-examination by Mr. Delmas Owens said he was not sure whether he remained in court throughout the pro- ceedings of :March 16, 1896. He remem- bered seeing some of the heirs’ lawyers in court on that occasion, but he conid not name them now. Tneonly ones he was sure he saw were Messrs. Shortridge and Lioyd. His memory was very shaky in regard to the general events of that day, but was vivid enough about the reading of the assignment. Owens was permitted to leave the stand and Bookkeeper Stewart was recalled fer cross-examination. Before this proceed- ing got under way, however, Attorney Wheeler made a demand upon the de- fense for the production in court of a ‘‘certain writing’’ by Senator Fair testi- fied to by Mrs, Craven in her deposition 23 being in her possession. The court did not help thie counsel out thouzh, the rul- ing being that he would bave to put a witness on the stand and prove the exist- ence of such a paper before he could call for it. Wheeler bowed and said he would make the call later. Bookkeeper Stewart was next headed off by Attorney Mitchell’s desire to intro- duce in evidence newspaper files for the urpose of showing that the Fair assign- Eur?( heretofore msundncad was published to the world on the 17th of March, 189. But he also met with bad luck for the court refusea to aGmit the files. Then Stewart got his chance. Mr. Delmas called his attention to the fact that he had testified that he never heard of any objection, coming from Mrs. Craven, to the collection of the rents of the disputed property by the special ad- ministrators. The attorney then asked him if he did not know that Mrs. Craven had, prior to the present proceedings, commenced two ejectment suits for the purpose of recovering tha property. “When I testitied to that this morning I bad quite forgotten that these ejectment suits had been commenced,” replied Stewart. “Do you remember it now ?"” “Yes, I do.” Stewart was excused and then came the Mitcnell announcement and the subse- quent debate already detailed about clos- ing the plaintiffs’ side of the case. NED LANIGAN OUT. Deputy Internal Revenue Collector Loupe and Clyde Welburn Have Been Retired. Deputy Collector Loupe of the Internal Revenue service presented himself at the office of Acting Collector Thomas Mon- day afternoon and was warmly greeted by his old frienas. It was his first appear- ance since his severe spell of sickness and he is yet very weak. The reason assignea for his retirement was that he was absent for more than thirty days. Later in the afternoon Mr. Thomas re- ceived a letter from Washington dismiss- ing Mr. Loupe, Ned Lanigan and Clyde Welburn. No charges were made against them, the removals having been made in ihe interest of economy. Mr. Lanigan was a division aeputy and was under the civil service, but the office and salary have been abolisi.ed and there is therefore no way in which he can be of service to the department exceptas a spec- tator without pay. F. D. Fletcher has been transferred from the cigar and beer desk to the division de- partment of Alameda. Williain Gilchrist, clerk and deputy in the office, will taks his place. Tnese changes were recommended by Special Agent Sewell. D. C. Dixon, clerk and deputy, will take charge of the books temporarily, Book- keeper Chinn having been dismissed. SANG FOR JOY, Methodist Pastors Expressed Elation at the Success of the Epworth League Convention. The Methodist preachers were so filled with joy that they broke into song at their meeting on Monday morning when thev heard a report given by Rev. John Ste- phens of the recent conveniion of the Ep- PLANNING FOR COLONTZATION Specifications for the New Homes at Salinas Are Drawn Up. The General Committee Will Be Inoreased From Fifteen to Thirty, Oommander Booth-Tucker Will Prob- ably Visit the Coast Early in September. If the plans of the interested parties are successfully ca:ried out, the old El So- brante ranch, near Salinas, will take on an entirely different aspect. This ranch has already been purchased by Mr. Spreckels, and if the citizens contribute with their usual liberality toward the bet- terment of their less fortunate fellow-men, the whole place will be turned over to the Salvation Army as & starter in their colo- nization scheme. The general committee of fifteen which has been busy planning for the successful carrying out of the enterprise will to-day 1897 BOT AWAY WITH |ROMANCE IN THE |THREE FIRES HIY PRISONER| PROBATE CUORT Sheriff Weaver of Utica, N. Y., Eludes an Attor- ney's Vigilance. He Left for the East Yesterday Afternoon With Harold Marquisse. The Oaptive, Who Is Wanted for Numerous Burglaries, Was Oap- tured in San Jose. Harry Marquisse, an attorney of Utica, N. Y., was secretly taken from the City Prison yesterday afternoon by Sheriff Weaver of Oneida County, N. Y., to the ferry, accompanied by Detective Egan, and the Sheriff and his prisoner left for the East on the overland train. Marquisse, according to the story told by the Sheriff, rented a. office in a large building in Utica a few months ago. Shortly afterward one of the other offices was broken into and the safe forced open and rifled of its contents. This was fol- lowed by several other burglaries in the Some of the Projected Buildings for Colonists at Salinas. worth League held at Toronto, Canada. Rev. Dr. Cantine of San Jose also added his enthusiastic testimony of the conven- tion’s success to that of Mr. Stephens. The paper of the day was by Rev. Dr. S. L. Baldwin on the subject of the growth of foreiga missions. At the Presbyterian Ministerial Associa- tion Rev. Robert Coyle, D.D., read a pa- per on Hobert Burns. Rev. E. H. Jenks tendered his permanent Yetirement on ac- count of his many duties. Rev. G. W. Lyons was appointed to fill the post left vacant by Mr. Jenks. Rev. George Hatch read the paper of the day at the Congregational Monaay Club. His subject was the sketch of a holiday outing and was entitled I Go Fishing.” NEWS BT THE BELEIC. Captain Ross and Six of His Crew Murdered by Achi- nese. Great Britain's Right to Palmyra Dis- puted—Coolies Stone Blue- jackets at Kobe. } The steamer Belgic brings news that on June 14 Captain Ross of the British steamer Pegu and seven of his crew were murdered by a gang of Achinese passen- gers. Sixteen more of the crew were wounded and the ship robbed. TChe per- vetrators of the crime fled to the Achin coast on the island of Sumatra. Luther Wilcox is disputing the right of Great Britain to the island of Palmyra. He claims that he, Fred Wonderberg and Willizm Kinney bought the island from the Pacitic Navigation Company, which secured it from the Hawaiian Govern- ment. The island was discovered in 1862 by Captain Bent, and at present is not very valuable, thongh 1t may be some time, as cocoanuts grow there in abund- ance. At Kobe on July 12 trouble occurred be- tweep the bluejackets from the Yorktown and the Boston and some of the natives. The row originated over one of the coolies stealing a bottle of whisky from a sailor. A fight was the result, which was partici- pated in by a large number of Japanese and all of the biuejackets in the vicinity. A bombardment of stones from the coolies was returned by the bluejackets, and the fight lasted for two hours. The police finally separated the two contending forces and the sailors returned to their ships. It is thought thatserioustr ouble may grow out of the fight. — Charged With Bat:ery. William Browne, 436} Clementina street, who through the effects of a paralytic stroxe has to ride a tricycle, was knocked down at Eighth and Folsom streets on Monday bya horse and wagon driven by Samuel Batt, a liquor-dealer. He was taken to the Receiving Hospital, where it was found that he had sus- tained a'lacerated wound of the eyebrow and abrasions of both hands and cheek. Batt was was arrested on the charge of battery and was released on $40 cash bail. ——————— San Joaquin Gypsum. Artices of incorporation of the San Joaquin Valley Gypsum and Land Company were filed in the office of the County Clerk vesterday. The capital stock has been fixed st $50,000, subscriptions for the same having been maae as follows: D, Samuels, $10,000; John Barker, 510,000: Charles Bronson, $10,000; Maurice . Samuels, $10,000; Marvin Curtis, $10; Joseph M. Wieland, $10. be increased to thirty, and a sub-commit- tee of seven will be selected to raise the necessary funds. So confident are these earnest workers of speedy success that Sergeant-Major Brown of Oakland has already submitted & number of plans for buildings to shelter the colonistsand store the productof their labor. These plans include a model four-room cottage, the cost of which is estimated at $100; aschoolhouse, hotel, stable for eighty horses, carpenter-shop, blacksmith-shop and a general merchandise store. The most of the buildings planned are one story high, but the store will be a two- story structure, with an assembly hall on the second floor. The committee have established their headquarters on the eighth floor of the Mills building, where they will meet from time to time to discuss arrangements. Major Winchell to-day received a tele- gram from Commander Booth-Tucker stating that he would visit this City some time in Septemb r, but if the arrange- ments are nearing complet on before that time he will be here much sooner. CONSULAR INVOICES. | Deputy Collector Farley’s Recom- mendations Adopted by the Department. A letter has been received by Deputy Collector Farley from R. 8. Chillon Jr., chief of the Consular Bureau of the State Department at Washington, stating that a uniform invoice biank has been adopted and instructions sent to all United States Consuls throughout the world to put the same into practice. The consular invoices have heretofore been of all shapes and sizes, with the result that when received at the Custom-houses they could not be readily folded, indorsed, examined or filed. In order to secure a uniform blank, Mr. Farley commenced months ago to im- vrove the form, and his suggestions met with ready approval by Special Deputy Collector Jerome, ex-Collector Wise and Collector Jackson. Not much encouragement was received at Washington, until Mr. Chilton stopped in this City, some weeks ago, from a tour around the world inspecting ihe various consulates. The matter was brought to his attention with the result that soon after his return to the State Department the recommendations made by this Cus- tom-house were taken up and acted upon. —————————— Missionary Reception. One of the largest receptions ever tendered to outgoing missionaries was given at the Methodist Episcopal Mission on Washington street yesterday by the Woman's Board of Foreign Missions. All the missionary guests are bound either for China or Japan and will sail for their destinations next Thursday. Chief among them are Dr. and Mrs. Baldwin, the former a pioneer missionary who thirty years ago founded the first Methodist mission in Foochow. He is going over under the auspices of the board of missions to be present at e jubilee of the mission be founded, as well as to undertake a general tour of inspection of the Methodist missions in China. Among the other outgoing missionaries are Dr, and Mrs, Lowry, Miss Eveiyn Pinkley, Miss L.J. Mull: kin, a1 bound for Japan, and Mrs. Large, Miss Spencer, Mrs. Gerdener, president of the Ca- nadian Foreign Missionary Society, and the Rev. Hunter Corbitt, bound for China, ——————————— Acted in Self-Defense. The charge of attempted murder againstS. L. Braverman, jeweler, for shooting Antone Burgle, who attempted to kill him in his office on Post street about a month ago, was dis. missed by Judge Low yesterday on motion of the prosecution, as he acted in self-delense. The case against Burgle was continued till Monday next, as he is still confined to the Re- ceiving Hospital. building, the offices being stripped of ty pe- writing machines, lawbooks and any thing of value. The burglaries caused considerable ex- citement in Utica and the police were completely at a loss to find a clew to the perpetrator. Finally suspicion fell upon Marquisse and he fled. He was traced to Syracuse and arrested there. An officer was sent from Utica to take him back, but on the way to the rail- road depot Marquisse, who was not man- acled, parted from the officer and made his escape. Descriptions of the fugitive were sent broadcest, and a few days ago he S ar- rested in San Jose. Sheriff Weaver was promptly notified and came West himself to take the prisoner back. When the Sheriff reached San Jose with the papers for Marquisse’s extradition he iearned that Marquisse had employed an attorney to obtain a writ of habeas corpus for his release. Last Baturday the Sheriff quietly re- moved Marquisse from the San Jose jail and brought him to the City Prison, where he was placed in the ‘‘tanks” and the utmost secrecy wss maintained as to his whereabouts. S The Sheriff kept himself in seclusion 20: that the writ conld not be served uron nim and all efforts of the attorney to find him or his client were fygile. Between 4 and 5 o’clock yesterday after- noon the Shernff quietly left the City Prison with his prisoner, accompanied by Egan, and boarded a McAllister-street car for the ferry in time to catch the overland train for the East. It seems that Marquisse’s mother lives in Santa Clara County, and it was there that Chief Leeslocated him. He is a graduate of one of the Eastern colleges, and while a law student in Troy, N. Y., got himself mto trouble for steal- ing lawbooks. He was at that time let off with & fine. NEW GRAND JURY. Presiding Judge Seawell Has Sum- moned Thirty Solid Citizens Into Court. Presiding Judge Seawell yesterday is- sued a venire for the summoning of thirty citizens from whose number the next Grand Jury is to be formed. The names drawn by the court, assisted by County Clerk Curry, are as follow Sol Km}’», 916 Market street; James A. Bnook, 17 Beale; Frank McMullen, 1511 Jones C. 8. Laumeister, 119 Twelfth; H. S. Hagedon, 1730 Ellis; Matihew Nunan, 422 Oak; 1. W. Hellmann Jr., Union Trust Company; William Phelps, 1511 Jones; Arthur W. Spear, Occi- dental Hotel; James J. Loggie, 4 California; Edward H. Aigeltinger, 1722 Eilis; Robert D. Cranston, 1414 Maronic avenue; H. A. Hedgar, 2508 Sacramento; A. W. Scott, 30! Buchanan; Henry 8. Martin, 625 Union; Luke Battles, Ninth svenue, near Fulton street; James K. Wilson, 2196 Pacific avenue; John N. Much, 2232 Broderick; Albert H. Menne, 15738 Fifteentn; George Shafer, 14 Shotwell; Charles H. Stanyan, 2006 Bush; J. R. Howell, 10 Montgomery; Hiram H. Hobbs, 1708 Geary; Daniel O'Suilivan, 1318 Ellis; F. L. Turpin, 14 Bartlett; C. 0. Burton, St. Anns bnl\u&l.: Berthold Kahn, 1108 Market: Hugo D. Keil, 426 Pine; E. T, Donnelly, 518 Oak; John Mal- lon, 2508 Sacramento. The venire is made returnable next Sat- urday morning at 10 o’clock, when the gonn will proceed to impanel the Grand ury. ——————— Peddlers’ Protective Soclety. The Peddlers’ Protective Association has been incorporated, the avowed purposes being to promote social and fraternal feeling, to as- sist one another in sickness or distress, to right oppression or injustice and to use bon- orable means to prevent oppressive legisiation. The incorporators are: Meyer Bloom, presi- dent; Ernest L. Lang, secretary; D. xeefe, treasurer; George F. Casey, Michael Nealon, L. Herold, James Mater and J. F. 0'Connor. Mrs, Susan Scribnér’s Estate Reveals a Strange Story. Dashing Elopement From York, England, Fifty Y ears Ago. Richard Barnes' Wife Came to Cali- fornia With Tom Hogan in 1849, The spirit of romance continues to haunt the precincts of the Probate Court and from time to time the odd experi- ences of some of the pioneers of California are brought to lizht through the legal proceedings that are necessary in settling up the estates of early settlers. The latest illustration of this was pre- sented in Judge Coffey’s court yesterday when the matter of the estate of Susan Scribner, deceased, was called up for con- sideration. In this affair considerable difficulty was encountered by Attorney Charles J. Heggerty, who was appointed by the court to represent the absent and unknown heirs. ‘When the will of Mrs. Scribner was filed for probate the fact was develoved that she had never divulged to any of herac- quaintances the history of her early life and that in truth no one in California could give information on the events of her existence before she came to Califor- niz in 1849. She was accompanied by a man named Thomas Hogan, who was supposed to be her husband, and they continued to live together as husband and wife until his death, which occurred several vears ago, afier which she married John C. Scribner. During the greater part of this time Mrs. Scrioner resided in San Anareas, Calaveras County, this State, and by the thrift of herself and her two husbands accumulated a snug little estate, which at the time of her death amounted to about $30,000. Scribner departed this I before his wife, leaving no issue and she accordingly inherited all his possessions. In her will Mrs. Bcxibuer made a number of bequests to relatives of her husband and to her own personal friends. Bhe also devised the residue of her estate to four persons whom she designated as her nephews and nieces. She spoke of them as Elizabeth, Geor, Jane and Samuel Barnes, ‘‘living n Clifton, Yorkshire, Engiand.” When Mr. H-ggerty began to search for the alleged nephews and nieces ne found that no such relationship had ever ex- isted between the deceased and any other person, living or dead, but that the per- sons mentioned by the testatrix as her nephews and nieces were in truth her own sons and daughters. Then by patient inquiry and research little by little the whole story of Mrs, Scribner's life was gathered up and brought to view, the resuit being pre- sented in the shape of an official report to the court. It appears that in 1845 Richard Barnes and Susan Barnes were a prosperous couple in York, Eng. They haa been married only a few years and it was sup- posed that they were happy, for four charming children blessed their union. After they had been married about ten years Mrs. Barnes disappeared, and it was told by her husband that he did not know whither she had gone. Atany rate, he made no attempt to get her back, and her leaving was treated by him as a subject not to be mentioned in his vresence. There was at the time some gossip to the effect that a dashing young Irishman named Tom Hogan had left town about the same time tnat Mrs. Barnes took her departure, and these tales were current even within the memory of her eldest daughnter, but in deference to their father's wishes the children did not atiempt to draw aside the veil which covered their mother's name and memory. From the day ot her departure until the lawyers wrote to them to ascertain their relation- ship to Susan Scribner, a period of fifty- one years, these chiidren never heard a worda from their mother, and even in her last willand testament she sought to hide from them her identity by styling them her nieces and nephews, instead of men- tioning them in their rightful characters as sons anddaughters. Richard Barnes, the first husbana of Mrs. Scribner, died in 1856, and one daughter and one son died before she did, but of these facts she knew nothing, as she incluaed all of them in her will. She evi- dently did not know their true abodes, as she gave their address as Clifton, whereas they were scattered, and they and their children live in different parts of England. ‘When first communicated with the chil- dren of Mrs. Scribner replied that they had never heard of any such person and were not able to trace any relationship, but by establishing the fact that their mother's maiden name was Weatheriil and by recalling what some of their old neighbors had whispered about her rela- tions with Tom Hogan a1l was made clear, and the parish record showing the mar- riage of Susan Weatherill and Richard Barnes, followed by the birth certificates of their children, the claimants now in coliut supplied the necessary proof of heir- ship. Inasmuch as the childran of the testa- trix were not mentioned in the will they were entitled to claim the whole estate, but in order to obviate litigation and to respect the wishes of their mother the greater part of the legacies will be paid, some slight deductions being made in or- der to equalize the costs of the adminis- tration and to meet certain claims that were presented by Eastern creditors. Attorney Frenk J. Solinsky of San An- dreas had been Mrs. Scribner’s legal ad- viser after her last husband’s death, and it was by this means that h rned of her maiden name, a circumstance that was of value in tracing her relationship to the true heirs. The legatees in this City are the four children of the late Dr. Jones, 1136 Guer- rero street, who will receive $880 each. The little son of Dr. John R. Dorroh ot Angels Camp will receive $440. BROKERS AT OUTS. Trouble Over the Possession of an Office in the Palace Hotel. T Thomas T. Atkinson, a broker, appeared before Judge Joachimsen yesterday to an- swer a charge of malicious mischief pre- ferred by R. C. Clapp, another broke: From the evidence it appeared that At- kinson used to occupy the office, Mar- ket street, Palace Hotel building, now oc- cupied by Clapp. When Clapp took pos- session Monday morning he put a new lock on the door and Atkinson broke open the lock claiming that he had the right of possession. The case was continued tilljto-morrow, Clapp agreeing to allow Atkinson to take his effects away, and it is po:sible it will be dismissed as Clapp said he did not want to prosecute if Atkinson would let him alone. ——. . Home Industry in Lamps- The Dorothy Lamp Company has been incor- porated, with a capital of $100,000, by Daniel R Williams, James H. Jennings, Charles 8 Burnell, Joseph B. Kennedy and Frank J. Burke. It is proposed to establish & lamp fac- this City, tory in IV A MONTH Fire Marshal Towe and the Police Making an Investigation. The Lodging-House 325 Fourth Street Haunted by an Incendiary. A Burglary With Humorous Accom- paniment Also Oommitted on the Premises. Fire Marshal Towe was notified by the police yesterday of three mysterious fires and a burglary that have occurred within a month in the lodging-nouse, 325 Fourth street. He made an investigation last nightand 80 far has been tnable to arrive at a solu- tion of the mystery. He will continue his investigation to-day. Miss Tillie Willard took possession of the lodging-house on July 3. A few days later, about 5 o’clock in the afternoon, fire was discovered in room 5, which was un- occupied. The blaze was extinguished be- fore much damage was done. Room 7, opposite room 5, is occupied by Alfred de Poister, who has the restaurant on the first floor of the building, and his dishwasher, who sleep in separate beds. Mrs. de Poister and her daughter sleep in the restaurant. About the middle of July fire broke out infroom 7 between 2and 3 o’clock in the afternoon. It was discovered by De Pois- tér, who fortunately happened to go up- stdirs about the time, and the applica- tion of a few bucketsful of water extin- guished the flames. No one thought it worth while notify- ing the police or the Fire Marshal about the fires, but they formod the subject of lively discussion among the lodgers in the house. About a week ago De Poister’s restau- rant was entered by some one during the early hoursof the morning. Nothing was stolen except a purse belonging to Mrs. de Poister, containing $4 and some odd change. The intruder must have been of a bumorous turn of mind as he piled Mrs. de Poister's clothing, a ham, some flower pots and other articles in a heap at the in- side of the door of the restaurant. The key of the restaurant was also stol- en, but it was mysteriously returned last Sunday, and Mrs. de Poister’s empty purse was found on the stairway the day after the burglary. The police were notified of the burglary, but strange to say nothing was said to them about the two fires on the floor above. The third fire occurred shortly after 10 o'clock yesterday morning in room 7, oc- cupied by De Poister and his dishwasher. De Poister was in the restaurant at the time, but the disnwasher was asleep in bed. He was awakened by the suffocat- ing smoke, and to his surprise he found De Poister’s bed on fire. He gave the alarm and the flames were speedily ex- tinguished. his time the police were informed of the fire, and they laid the matter before the Fire Marshal, but it was not till he made his investigation last night that he became cognizant of the two previous fires since July 3. He questioned the landlady and the De Poisters, but could not get any clew to the incendiary, as he firmly believes it is the work of an incen- diary or acrank. “The case puzzles me,” said the Fire Marshal last night, ‘‘from the fact that there can be no motive of gain for start- ing the fires, as'neither the landlady nor De Poister is insured. ‘I can so far only arrive at the conclu- sion that the fires and the burglary were done by the same person, and I believe it is the work ofa crank. *I shall endeavor to find out to-morrow who the crank is and what is actuating bim or her in starting the fires and com- mitting the burglary.”” Were Left Destitute. The officers of the Eureka Society for the Protection of Children yesterday made an in- vestigation of a sad case of destitution report- ed to them. The story was that two weeks ago Andrew W. Dolan of 22 Mary street, between Fifth and 8ixth, left his famiiy and since then nothing has been heard of him. The family consists of his wife, Ellen Dolan, and three children, the eldest of whom is not over 3 years of age. When tie officers called they found that the family had only half a loaf of stale bread and half a pint of milk. The chil- dren were placed in the care of Miss Curtis of the Ladies’ holie Aid Society. —_—————— Hoo He Deported. United States Commissioner Heacock yester- day ordered Hoo He deported to China. He had just completed a term in the®an Quentin penitentiary for assault to murder, and under the Federal statutes He, Hoo, beinga China- man, if convicted of felony, must be deported. XEW TO-DAY. JF, CUTTER EXTRA Old Bourhon has been a staple family and medicinal whiskey fora quarter- century. £ NARTIN 411 Market St, San Francisco. B e IE g NEW TO-DAY. GREAT SALE —OF— SCHOOL BOOKS| New and Second Hand. NOTE.—Having extensively canvassed the City for OLD TEXTBOOKS, we now bave on hand a large supply about AS GOOD AS NEW, which .we will sell FAR BELOW COST. SPECIAL NOTICE. Bring your old books, as we take them in part payment for new ones. 600-page Tablet. Brass-edge Maple or. . Dixon’s Lead Pencils... Dixon’s Wooden Slate Pencils.5¢ per dozen 100 Fiag Slate Pencils, in box. 150-page Com position Book.. Reporters’ Notebooks Best Double Strap ever offered. VANNESS BAZAA 1808 MARKET ST. P. 8.—Open till 10 p. M. STATEMENT ~——0F THE— CONDITION AND AFFAIRS ~—OF THE — FIRE ASSOCIATION 0% PHILADELPHIA, IN THE STATE OF Pennsylvanis, on the 31st day of December, A. D. 1896, and for the year ending on that day, as made to the Insurance Commissioner of the State of California, pursuant to the provisions ot sections 610 and 611 of the Political Code, con- densed as per biank furnished by the Comms- loner. % CAPITAL. Amonnt of Capital Stock, paid up in Cash. S ..... $500,000 00 ASSETS. Real Estate owned by Company. $208,800 00 Loans on Bonds and Mortgages 2,138,221 51- Cash Market Value of ali Stocl EBonds owned by Company .. 2,333,208 00 Amount of Loans securs. by pledze of Bonds, toc<s, and other mai ketable securities as coilateral 299,850 00 Cash in Company’s Office 8411 97 Cash u Banks.... . 104,464 94 Interest due - Stocks ;nd L(:i-nu . 2 12,547 29 nterest due aud accrued on Bon pind Mortgages. .. 56,108 15 6 Cou {Ic‘;x‘:'ums 5 u 708,208 55 Due fo on 101 965 85 Rents due and accrued. 1,648 00 Due from oiher Companies for Re- insurance on losses alre: paud.. 7,691 98 Total Assets,.. LIABILITIES. Losses adjusted and unpaid. Losses in process of Adjusti $102,509 23 in Suspense 96,442 40 Losses resisted, including expenses. 30,277 T4 Gross premiums on Fire Risks run- 2 ning for one year or less, $1.956,- 240 40; reinsurance 50 per cent.. 978,120 20 Gross premivms on Fire Risks rune ning for more than one year, $1.854,860 88: reinsurance pro , B eniae oo .. 971,508 18 Amount reciaimable by ‘the in- sured on Perpetual kire Insurance . Policles . 1,934,862 38 All other d. pany.. % 303,365 40 Total Liabilities.............. INCOME. Net Cash actually received for Fh premiums. 3 Received f Mortgages. < 106,285 40 Recelved for interest and dividends on Bonds, Stocks, Loans, and from all other source: 143,632 41 Recelved for Kents. 3,976 70 Received for Commis 1.160 00 Total Income. .. EXPENDITURES! Net amount paid for Fire Losses (in- cluding $291,635 84, losses of pre- vious years) '.... $1,484,248 50 Dividends to Stockhoiders 200,000 00 Paid or allowed f ommission or 5 Brogera, 585,560 02 Paid for Sal s charges for officers, clerks, e 837,484 07 Paid for State, National and local taxes.... 67,670 11 All o.ner payments and ditures .... 4.201 63 2,679,164 33 ar «--.31,404.485 00 RISKS AND PREMIUMS. | _¥ire Riska Premiums. Net amount of Risks | writtenduring the R YORr...............| $269,804,896 $3,283, 1 Netamount of Risks B 8 expired during the, . .| 252484,261| 3,024,677 73 858,711 536| 3,.811.191 28 E. C. IRVIN, President. M. G. GARRIGUES, Secretary. Subscribed and_sworn to Before me this 26th - day of January, 1897 i -THOMAS B. PROSSER, Notary Publlc. n force December 31,1896 T. €. SHANKLAND, State Agent, 219 Sansome St., San Fraicisco, Cal. W. LOAIZA & CO., San Francisco Agents. STOVEL & THEBAUD, Managers Insurance Department, 218-220 Sansome St., San Francisco, Cal Telephone Main 1597. CHAS. W. SMITH, Special Agent. REFEREE'S SALE OF REAL ESTATE, B, JIRTUE OF TWO DECREES OF THE . Superfor Conrt in and for the City and County of San Francisco, State of California (Department No. 10), ihe fira: of which decrees was made and is dated the 22d day of Novembar, 1895, and the second of which decrees was made and Is dated the 25th day of June, 1897, and both of which de- were made and entered in an action peadin; id_Snperior Court, wherein Adam_ Grant 1s Dantel T adurphy and others are de- ndants, being cage No. 49,083 in the said cous the undersign+d, who was by sald court appoint referes in said action, will sell st public suction, at the auction-rooms of 6. B Umbsen & Co., 14 Montgomery St., In sald City and County of San kranciseo, Thuraday, the 2d day of September, A. D. 1897, 12 o'clock noon of that day, to the highest b ddeg for cah. in lawful money of the United States, and su 10 confirmation by sald court all that 105, L of lsud sliuate Lying n the Clty and County of San Frame cisco, State of Californla, and bounded and par tioularly described as follows, to wi 5 Lommencing at a point where the north line ©0f Bush street is Intersected by the easterly line of Bansomu stree-; cunning thence easteriy along tha northerly line Eush sireet one hundred irty-seven d six (6) Inches; &n i y and parallel with San- @ hundred and thirty-seven (1379 X (6) inches; thence &i Tight augles B v S ek e t ven eet a0 inches, the easierly side of Sansome street: Lod riy along the easterly side of San- ° so1 one hundred and thirty-seven (137) feet and six (8) Inches to the point of commence- ment: together witn the bulidings and improve- ments thereo ser shall take the sald lot subject to M and Henry Thorn- dred llz and to I he purchaser @ right of John ay of sale, when the lot I8 kne rchaser, and the balan e on con firmation of sald sale by said court. Dated San Francisco, Cal., July 1, 1897 GUSTAVE H. UMESEN, Referee. NOTARY PUBLIC. A. J.ul"lE‘NRV. NOTARY PUBLIC, ET ST, OPP. PALACK HOTEL ‘Telephone 570. Residence 909 Valencie 'td?.l.n “Church” 15 slrest.