The San Francisco Call. Newspaper, August 20, 1897, Page 12

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THE SA FRANCISCO CALL, FRIDAY, AUGUST 20, 1897 HR. KELLOGG ON THE STAND Does Not Think Ex-Judge Levy Treated Him Fairly. Says That He Cannot Remem- ber How He Signed a Big Contract. Had Taken Seven Drinks of Whisky and Was Somewhat In- toxicated. Judge Hebbard resumed consideration of the case of Charles A. Mau vs. Levy yesterday morning, in which Edward E. Kellogg, son of the late Calvin W. Kel- loge, is the real party in interest, seeking to recover $3000. The claim was assigned to Mau for collection. e complaint is that ex-Judge Walter H. Levy took undue advantage of Kellogg in securing a con- tract calling for haif of all that might be recovered by the young man from the estate of his late father, C. W. Kellog whose property was worth about $500,000 and who left his son only §125 a day for “necessary expenses.’’ Judge Le acting as his own attorney, yesterday k occasion to object to the | application of the doctrine laid down by | Supreme Court in the lead- x vs. Delmas, which 13 per- sistently quoted by Attorney Warner Temple, who associated with L. E. Phillips for the plaintiff. Young Kellogg was the most important witness of the da; He substantialiy cor- roborated the testimony given on Wednes- day by A. E. Taylor, who is mentioned in the pleadings “a ruaner for Judge Levy.” Kellogg { he went with Taylor the Californ ing case of to Judge Levy s office and that the contract was arran -ed at that place. bered Taylor Meugass paid. tare. He remem- taking some drinks of whisky with and S. M. Meugass, for which Meugass also paid the car- He thought he took seven drinks of before be signed the contract, but v how drunk he was at the z the important visit to aid : we went to vada block. the Mr. Levy's office in the Mr. Meugass took the con pocket and asked me to sig clined to do <o a' first. I said I wanted to | sea my friend, Mr. Donnallen, so I could | consult with him, so I asked Taylor to go | get D len. He said he would do | 8 out to get my friend. nile he was out I went to Collins’ sa- a drink. When Taylor re- he couidnt find Don- loon and took turned he said llen.” In one essential particular Kellogg dis- puted the testimony of his friend, Taylor. id he thougnt he signed the docu- ment first, and he rememoered the per- sons who were present. It was true that Judge Levy waus not there. “Idon’t ex- actly remember who signed first,’”’ added Kello, “pecause I was so drunk at the time.’ Being asked to give his account of the transaction, Kellogg said: “Mr. Meugass took the paper out of his pocket and I w asked to sign it. I wanted to look it over and Taylor saia to | hurry up, as be hed an engagement. I asked him if he couldn’t wait till T had a chance to read it. We had some more talk | and I signed it.”’ “When did Judze Levy give you a copy | of the contract?’ asked Mr. Temple. "About itwo years alter,” was Kellogg’s | reply. “Did you read the copy that he gave you?” *“What did you do about it? Were you satisfied 2 “No. Af I had read it 1 went to Judge Levy and asked nim togivea re- linquishment. He finally did so, and he signed his name on the back of my copy of the contrac:.” Mr. Temple (turning to Judge Levy— | ‘Whers is that paper? Judge Levy (warmly)—You know where it is well eno It was prepared in your office and s me and I signed 1t. Itis in vour possession now. Mr. Temple responded that Judge Levy was mistaken so far as he was concerned, as he had no knowledge of the document. At this point Mr. Puillips came to the rescue of all parties and produced the pa- per. Handiug the copy of the contract to the witness Mr. Temple asked what he did with it, and he said he took it to Judge Levy and told him everybody was saying he was a fool for making such a contract. *I told Judge Levy I wanted a release since I thought he had done nothing for ! the halt of my money from the estate.” On motion of tue defense the remarks of outsiders that he ‘*had- made a fool of himseli” were stricken out and the wit- ness continued: *I went to see him many times before I got him to sign the release. The people at the office would shut the | door in my face and say 1 couldn’t see Judge Levy; that he wasn’t there, when I knew well enofigh that he was there. But he finally gave me the relinquishment.’”” Kellogg was very deliberate in giving his testimony and insisted on taking notes for hisown use. He was asked to ex- amine the statement of account which Judge Levy presented at the time of their settlement and gave it as his opinign that it was correct. So far as he could remem- ber he received tue money charged against him. He thought he had been fairly dealt with in that regard. At one time he received §942 60 and signed a paper which confirmed and fully ratified the original . contract which he had made with Judge Levy. This was shown to him and he acknowledged his signature, but insisted that ke did not understand the paper, though be said he read it be- fore signing it. Further hearing of the case was post- poned until rext Monday morning at 10 o’clock. GERMAN HOSPITAL. Dr. Conrad Weil Appointed the New Resident Physician. The board of directors of the German Benevolent Society met last night and unacimously appointed Dr. Conrad Weil a resident physician at the German Hos- pital. Hitherto there has been only one resi- dent physician, Dr. M. Saiomon, and at the general meeting of the society last month a resolution was passed that the time had come when it was nece-sary to have two resident ppysicians instead of one. Tne board of directors was author- ized to make the appointment of the new resident physician. > It was arranged that the hours of at- tendance of the resident physiciap should be from 12 to 4 ». M. and from 7 to 8 r. M., each alternating. Dr. Weil is the police surgeon at the Re- cewving Hospital. Evoglish Estate Contost Abandoned. In the Probate Court yesterday, when the of the estate of Sarah A. Euglish was called for trial, and before a jury was im- paneied, the coutestant, Michael Hawkins, through his attorney, announced that he wished to abandon the contest, and Jjudge Coffey ordered the contest dismissed. Attor- neys {or the estate said that no compromise was made. i JUMPED INTO THE TROUGH Rare Presence of Mind of Maggie Guegersnoh, a Servant Girl, Her Dress Caught Fire From| 0il and Turpentine She Was Heating. She Rushed Out of the House and Plunged Into a Watering Trough | About a Block Away. Maggie Guegersnoh, a servant-girl, 19| years of age, in the employ of Mrs. | Varent, 179 Noe street, showed rare presence of mind last night and saved herself from being burned to death. Between 9 and 10 o’clock she was told to warm some sweet oil and turpentine to be used upon one of the family. The girl put the oils in a tin cup and held :t on top of a gasjet to et warmed up. The oil caught fire, and in ber excite- ment she emptied a portion of the con- tents upon her dress, which immediately caught fire. The girl ran shrieking from the room with her clothing ablaze. Recollecting that there was a watering-trough at the corner of Noe and Fifteenth strects, she rushed downstairs and out on to the street, making for the trough as fast as she could run. As soon as she reached the watering trough she threw herself into it and the flames were extinguished. The girl was carried back to the house and the S:venteenth-street station was no- tified to send the patrol wagon to take her to the City and County Hospital, but as she was suffering intense pain Dr. Car- penter was summoned and he attended to her injuries. The doctor found that she was severely burned about the back chiefly, but that she was not in a serious condition. A few minutes more and she would have been fatally burned, as every particle of her clothing on her back was burned to a crisp. ARR SURE OF LUMBER. The Citizens’ Colonization Com- mittee Guaranteed All They Need. Colonists Are of Every Class and Every | The Prospective Religion, | It will afford the three hundred appli- | cants for farms some consolation to know that one important step has been taken which brings the colonization day a little nearer at hand—the lumber to construct the buildings has all been guaranteed. D. L. Westover and F. A. Hihn have been busy for the last few days interviewing lumber merchants throughout the C and the result is that the most of the 60 000 feet of lumber has aiready bsen pur- chased, and in every instance, when the committee explained what it was wanted for, very liberal reductions in the prices have been made, and one dealer has made the offer that, if enongh lumber cannot be obtained elsewhere, he is willing to fur- nish the rest on very easy terms, Although many of the applicants are tradesmen, still there is a slight sprink- ling from the professions. One clergyman, | whose voice has failed him; a chemst, who is in poor health, and a newspaper reporter, who wishes to try farming, have applied. It is also noleworihy that among those of the applicants who pro- | fess any relicion at all almost every faith is represented, there being a good scatter- ing oi Protestants, Catholics and Jews. | Only five Salvationists bave applied so | iar. | It also augurs well for the new colony that at least two-thirds of the prospective | colonists are more or less familiar with | farm work, and all appear to be fairly well educated and intelligent—two im- portant qualifications for successfal farm. ers. TWO DEPARTURES, Cassius M. Coe to New York and M. G. Jonas to Chicago for ““The Cal? Cassius M. Coe of the reportorial staff | left for New York City last evening, in | which city he wiil act as THE CaLv's | special corréspondent and will have charge of its news service at that end of the line. Mr. Coe leaves many warm | friends behind who wish him success in his new sphere. The Press Club passed a resolution last night complimenting Mr. Coe, its president, upon its success unaer his administration. This evening M. G. Jonas will leave for Chicago, in which wicked city he will act as THE CALL's special correspondent, Mr. onas is u capable newsgatherer and proved his worth wtile acting as local manager of the United Press. These two departures are but the pio- neers in the movement which THE CaLn is inaugurating to improve its news service and to make it the best newspaper west of the Rocky Mountains. A DRIVER'S NARROW ESOAPE. | Philip Moholy Meets With an Accident at a Fire. Pnilip Moholy, the driver of fire engine 13, narrowly escaped with his life last evening while driving to a fire at San Bruno road and S.lver avenue. When on San Bruno road but a short distance frcm the scene of the fire the horses quickiy swerved from the road and went down the embankment, and the horse nearest the embankment was almost entirely sub- merged in the softloam in the cut. Before it could be extricated from its position it was seen that it had died from suffoca- tion, having fallen head first. I'ne driver was thrown from his seat, but luckily re- ceived no injury. Itis supposed that the horses became frightened at a load of hay which was standing at the side of the road. The fire started in a one-story dwelling- house, owned and occupied by D. Irvine, at the junction of San Bruno road and Silver avenue. An alarm was turbed in from box 546 at 9 o’clock, but owing to the scarcity of water in that district the fire was not under control for over an hour. The blaze was caused by the explosion of ;lcsoul oil lamp. Theé damage will exceed ————— ZiTyrone, Fermanagh and Donegal. A varied programme has been preprred for the Tyrone, Fermanagh and Donegal Benev- olent Society’s seventh annual picnic and games, 1o be heid ot Snell Mound Park on unday, August 29. There will be games ana jig dancing. The dance music will be. by th Home Rule Union band, sifelo s 1 | and ra IS WARDS ARE THE TREES Arrival of Binger Hermann, the United States Com- missioner-General. He Will Talk Officially to Sur- veyor-General Green To-Day. Benson Surveys to Be Disoussed—A Policy of Forest Preservation Adopted. With a map of California spread before them on a table in a room of the Palace Hotel yesterday sat Binger Hermann, Commissioner-General of the United States Land Office, and B. F. Alien, Special Agent and Suvervisor of Forests of Cali- fornia and Arizona. The shaded sections THE STATEMENT FIGEL MADE What He Told Chief Lees He Did On the Night of June 1. Otto H. Heyneman Reads His Shorthand Report of the Conversation. The Prosecution Will Conclude Its Case To-Day and the Dofense Will Begin Monday. The case of the prosecution in the ex- amination of Theodore A. Figel on the charge of murder is about finished and the proceedings yesterday were ratherdull. The only witness of importance was Otto H. Heyneman. He testified that he 1s the stenographer for the Chief of Police, BINGER HERMANN, Commissioner-General of the United i States Land Office. of the map designated the Government reservation of forest area. Itisnow the policy of the United States to preserve the forests of the Sierra from fire and de- vastation in order that the dense under- growth and foliage of the higher branches | may hold in reserve for gradual distribu- tion to the mountain sireams the snows s of the region. The impo:rtant truth is now appreciated that natural for- ests are great conservers of the water sup- ply of the country. It is known, too, that the destruction of forests tends to precip itate floods from the highlands to the valleys during the rainy season, and | so greatiy diminish the natural supply of water to the valleys and plains when the moisture in summer is most needed. The forest reservations oi California, in- dependent of the sections reserved for the Yosemite, General Grant and Sequoia National parks, embrace 6,000,000 acres of The San Gabriel reserve contains acres, the Sierra reserve 4,096,000 . the San Bernardino 737,280 acres, acres Stani:laus 691,200 acres, San Jucinto 737,- 280 acres and the Trabuco reservation, 0 the north yesterday and was greeted on his arrival at the Palace Hotel by his old associate in Congress, Warren B. Hooker They served together on the Rivers and Harbors Committee and had much in common to talk about. Mr. Hermann served twelve years in Congress, rerre- senting an Oregon constituency. Last March President McKinley appointed him to the responsible position of Com- missioner of the General Land Office, and Mr. Hermann is now here in an official capacity. In conversation with a CALL reporter yesterday Mr. tiermann said: “The Government has adopted a policy for the preservation of the foresis of the country, and I regard the subject as one of vast importanee to the people of Cali- tornia. Money was appropriated at the range County, 49,920 acres. Commissioner Hermann arrived from | | last session of Congress whicn will permit the employment of speciai agents and for- est guardians. The laws were amended so as 1o permit mining prospeciors to enter the reserved regions and prospect for mineral deposits. Where precious metal is found thé finder may lay ciaim to and secure patent to the land. “The rights of settlers in the reserved area have been guarded, but the utmost vigilance will be exercised to prevent the destraction of timber by fire or by the negligence of individuals. In some re- srects the German system of forest ad- ministration has been copied. Agents will be authorized to dispose of fallen timber and to designate where certain standing trees may be cut down for use. In this manner a considerable revenue may be derived without injury to the forests.’* When asked if any questions affecting the administration of the land offices in California would engage his attention the Commissioner said: "'l shall see the Surveyor-General, Mr. Green, to-morrow | and talk on the subject of the Benson survey. This is a question of long stand- ing and one of much concern to settiers in California. For many years patents have been withheld by reason of the mistakes in the original stirvey. Surveyors are in the field, snd among them s one who pointed out many of the errors of the Benson survey. ““When these surveyors finish the re- survey their work will be examined and corrected by special examiners. Yes, I am confident that the whole work of re- adjustment will be completed within the next twenty-four months, and that every settler entitled to a patent of land will receive his title from the Government.’’ The Commissioner did not enter into discussion concerning the stories of fraud in connection with the Benson survey, but mentioned that the matters in dis- pute, which had been unsettled for twenty-five years, were in process of final adjustment on the basis of true and veri- fied surveys. As the mineral-land bill was not passed at the last session of Congress, the Com- missioner said he would not be called upon at present to make a segregation of mineral and agricuitural lanas embraced 1in the grants to the Southern Pacific and other railroad corporations. Commissioner Hermann expects to leave S8an Francisco for Portland to-day and within a sbort time reiurn to his yon'. of duty in Washington, D. . In France there are far more fem than male bicyclisis, ermale and that on June 2 he took down in short- hand a statement made by Figel to Chief | Lees. Mr. Ach asked him to read from his notes the statement. General Barnes ob- jected to this and was sustained by the court. By a series of questions Mr. Ach then got the witness to tell what Figel had said at the interview. The statement made to Lees was an ac- count of the defendant’s movements on | the night Hoffman was shot. Figel told the Chief that he left the store | a short time before 6 o'clock and went to the safe depo-it to put a private paper in his box. When he reached there he found that he had forgotten to bring the paper with him. He tnen went down Sansome to Market, where he met Mr. Schulte at 5 minutes to 6. At Allen’s gunstore he bought a revolver, which he piaced in his valise. He left this valise and a pack- age of books in a saloon and went’to a tailor's suop near the Lick House. Then he returned to the store to get a small bottie of ink, and on the way he met Drayman Jacobs end Officer Ferrenbach. In front of tne store he found Mr. Hoff- man talking to Mr. Friedman. He told Hoffman that he had come back for a boitle ofink. He got Hoffman's keys and opened the door. The two wentinto the store and they had some conversation about business in the room near the teie- phone. Figei returned the keys to Hoff- man and left him in the store. He was only at the store.about ten minutes, and ieft between 6:20 and 6:25. He ran 10 the ferry to catch his boat, and if it had not been late he wouid have missed it. That night he bought a bottle of ink at Kellner’s. He said his books were all right and he was willing to have them examined at any time, On the cross-examination Heyneman was permitted io read the notes. General Barnes attempted to follow them on a transcribed copy of the notes and found that the two did not compare at all. The statement as read by the witness contained, besides the facts brought out in the direct examination, the declaration that the nurzegirl had said Mr. Hoffman had left the liouse that morning in an ugly mood. Figel had also referred to some letters which Hoffman had and which his wife wanted. These letters were in reference to some family trouble of Mr. Hoffman's, Figel had been with the firm for ten years, and thi: year was the most prosperous. The profits for the year were about $32,000. Hevneman further stated that this statement of Figel’s was entirely volun- tary. Capain Moran, the property clerk, was called and prodtuced the clothes worn by Hoffman the night he was shot. The clothing was offered in evidence. To show a motive for murder witnesses who testified in tbe examination on the | charges of embezzlement were called. By consent the testimony thev had given at that time was read to them, and they were asked 10 reafirm it. Bernard Jacobs, Isaac Gellert and E. 8. Rothchild were the witnesses who testified in this manner: Mr. Rothchild identified a letter be had received from Hoffman. This was dated June 1 and was offered in evidence to show that the deceased was in good spirits at that time. A telegram found on Hoffman’s body was also identified by Mr. Rothchild asa message he had sent him in care of Mr. Meyerstein. Tuis telegram told that the profits of the New York concern for the vear had been §41,986. Rothchild gave as his reason forsending the telegram in care of Meverstein that he thought Hoffman might be out of the City and he did not want it opened by any one in the office. Mr. Ach announced that the prosecu- tion had but a few more witnesses, and that 1t would close its case to-day. The defense will begin with its evidence Mon- day. ——— Captain Baines Must Be a Juror. Captain Thomas Francis O'Malley Baines had a shock in Judge Hunts court yesterday. As he left the jury-box, being excused on ac- count of not being ou the assessment roll, he remarked he always kept off the roll in order to get out of servingon the jury, Judge Hunt cailed up the geutleman and informed him that he would write to the County Assessor and have Mr. Beines put ou the roll if only for his clothes, so that he could no ionger get out ol jury duty on the score of not being on A the assessment rolle 0L SHRT 5 N0 MORE Death of a Well-Known Character in the Sport- ing World. Was Once Wealthy and Came of a Good Family in Baltimore. Addicted to Drinking Raw Alcohol He Lost Everything and Died in Want, A R ) A ey e R R e ) 2D D ) SN 2 S22 RSN NG5 “Sport” is dead. *Old Sport,” as he was sometimes called, who knew every sporting man from New York to San Francisco, who ran more and | bigger gambling games in his time than any man in the West, and who befriended more ‘‘dead ones’ than | any man in America, has made his 1asz; bet and told his lastlie. He was almost | as notorious for his lyin- propensities in his latter days as for his big winnings and | corresponding losses in his earlier days, but his lies were always, harmiess and were merely ‘‘big stories.” They never had the sting of malice in them. In a little room up on Stockton street, clothed in rags and most likely hungry, forsaken by bis former friends and broken by dissipation and want, “Sport” bade farewell to his earthly troubles. But in | the hour of death he did not forget the teachings of his childhood. On bended knees and with bowed head—in an atti- tude of humility and prayer—he awaited the angel of death, and was glad when the summons came to appear before the tribunal of eternal juagment. Comparatively few of his acquaintances or even his friends for that matter ever knew ‘‘Bport’s’ tesl name. From New York to New Orleans, through Arizona, New Mexico and California he was known simply as “'Sport.” When asked he said his name was Martin Bates. He never | told his true name, That came out after | his deatn and wasan unpronounceable | | German one spelled Kleinveibst. His | reiatives in the East uefrayed the ex- | penses of burial, and his remains were vesierdey interred 1n the Jewish | cemetery. He was born in the city of Baltimore, Md., where his father | is yet a prosperous furrier. Not much is | known of his early life and he first came | into prominence in the sporting worid in | the city of New Orleans about twenty y' aTs ago, He was then a young man of between | 25 and 30 and soon became known as one ! of the coolest and most expert card play- | ers of the Southern metropolis. He ac- | quired considerable money and property | and for a ime forsook the card-table for | the rac:course. Here, however, he was not so forthrate as with cards and soon | 108t everything he had. Then he went farther west and was next heard from in the mining camps of Arizona. He soon got together enough money to start a game of his own and became kuown as | the dealer vbo never played a limit. No ! matter what sized bet a man desired to | make ‘‘Sport”’ alwaysaccommodated him. | As a re-ult his game became known | throughout the Territory as the biggest game in the West. “Sport’s” nerve was never questioned, a5 least in those days, | | and an instance of it may be related: 1 . One night, when running his game in | Tombstone, a miner came in and, deposit- ing a great sack of dust and nuggets on the table in front of him, asked what the limit w; “No limit,” said “Sport.” “You kin bet your life if you want to and I'll call you.” The miner started in and won from the | start. He had soon cleaned out the bank | rol1. | | | “Wait a minute,” said “Sport,” “I'll git another one.”” In five minutes he was back. The mineracquired this even faster than h~ had the first. Then *‘Sport” went | forth agam. His credit was almost without | limit in the town and back he came with a th “stake.” But the miner's luck | was still with him and soon the third stack of money had changed hands. “How much have you won?” said “Sport,” without a tremor in his voice. Tne miner made a hurried calculation. “*About twelve thousand,” he returned. “I'll tell you what I'll do,”” saia **Sport,”’ | diving in:o his inside vest pocket and bringing forth a thick roll of bills, a kind | of money seldom seen in Arizona in those days. *I've got just $12,000 here thata friend of mine give me to-night for safe ki eping. Its too late to borrow any more to-night, but 1 kin make it good in the mornin-. I'll make one more deal. Play your whole stack in, and win or lose I'il quit.” *“It’s a go,” said the miner and the deal | | commenced. When it was finished | “Sport” had won back about $9000, and the zume was closed. ! Every one who suw the game congratu- ted “Sport” on getting back so much of his money, but nota man knew what a chance he had taken to get it, for his wanner and speech were as calm as though he had been shaking dice fora drink. His story about having $12,000 in keeping for a friend was a lie, and the roll of money he had exposed to view was a lot of Confederate greenbacks. Had he lost and been unable to make good his wagzer his life would, in all probability, have paid forfeit. After several years of varying luck in Arizona and New Mexico ‘‘Sport’ finally committed some act of the consequences of which he was evidently in great fear. Just what he did he would never tell, but he was never punished for it. It must have been of a grave character, however, for, to hide his identity, he enlisted in the regular army. For two years he saw act- ive service all over the Southwest, and it was while in the service of the Govern- ment that be formed the habit which eventually ruined his constitution and | cost him his life. Liquor was a scarce article at that time with Uncle Sam’s troops, but not much difficulty was found in obtaining plenty of raw alcohol, and many of the soldiers drank it. Here it was that “Sport” be- came a slaveto the “alcohol habit,”” which robbed him of his manhood, his energy ‘and destroved almost every good instinct in bhis nature. After two years of service he resolved to et out of the army at any cost, and_at the first opportunity he de- serted. He was soon captured and sen- tenced to three years’ imprisonmentat Al- catraz. After about a year's confinement he was released, probably through tne in- fluence of FEastern relatives, though “8pori’’ never communicated with his family after he came West, and on one occasion after he came to San Fraxucisco when he heard that a cousin of his was in town he went into hiding for a week. After his releass from Alcatraz prison he came to San Francisco and soon found a position 1n one of the poolroomson Leidesdorff street. Here he became known to every man of sporting tenden- cies in town and is said to have sola more mutual pools than any man on the coast. After awhile he neglected his duties and lost his place. Then he became a sort of hanger-on around the poolrooms, where be picked up a precarious living by doing errands and getting change for the book- makers. His honesty was never ques- tioned, and he was often given several thousand dollars to carry to the Mint and the local banks. He was never known to L 1 | On pushing, before. cases. at any price. We don’t have to beg for trade dur- ing this great sale; we compel it, aggressive, always forward-marching style is put- ting in your way now such Clothing bargains as have never been offered Every garment in our present stock must move out before we move into our new store (now occupied by the Golden Rule Bazaar), which we intend to open with an entire new stock. We are selling our regular $9 and $10 single and double breasted Sack Suits for $5.60. All-wool trousers, for- merly $2.50 and $3, for $1.85. Our entire stock is reduced to cost in all instances, and below cost in many Uncalled-for garments will be sold S. N. WOOD & CO. (COLUMBIAN WOOLEN MILLS), 541 Market Street, Directly Opposite Sansome. Our never - sleeping, % § % | | be a cent ghort in his returns or to take a bad piece of money. Finally “Sport’” became so degraded and shiftless through excessive aicohol drinking that be was unab.e to make even the poorest of livings and was wurned out of the little Toom he had occupied on Fourth street. He always managed to| have a bottle of alcohol though and treas- | ured it more highly than money. He| would seldom darink whisky, but would borrow a glass from a barkeeper on the pretext of wanting to take some medicine and go to the washroom or toilet, where be would satisfy his nnnatural craving by indulgence in his favorite beverage. one occaslon he left his bottle of | alcohol on the washstand, w.ere the bar- keeper found it soon after. *‘Sport’’ also missed it and learning that the bartender had found it the poor creature begged for its return with tears in his eyes saying that he would surely die without it and that he had no money with which to buy more. It was returned to him, and his joy was childish. ‘After he lost his room and had no place to sleep *‘Sport’’ became still more shi less. For a time he had no coat or vest and would go about the streets with an old overcoat buttoned up to his chin on the warmest days. He spent thenightsin barrooms where they permitted him to enter and the days in searching for his favorite stimulant. At last “‘Sport” evidently made up his mind he had lived too long, or, at least, long enough, and he made preparations for making his exit from this worid. He could not bring himself to die without one last ‘‘good time,"” and he awaited the op- portunity to gratify hiz desire. One day hie was given $60 at Corbett's tor which to get change. That was the last seen of “*Sport” arouna his oid haunts. He had never before been known to commit a dis- honest act, and his first one was com- mitted on the verze of the grave. What be did -with the stolen money no one knows, but he urdoubtedly invested most of it in atcohol, as some time elapsed be- tween the date of the the.t and his death. Corbett made no effort to find him and he was allowed to spend his last days in be-| sotted biiss. ‘When the money was gone and the time to die came “Sport” did not flinch. With his last $2 he sent out to a pawnshop for a revolver, with instructions that it be loaded. But he was not destined to take his own life, for the Grim Reaper came before the pistol and *‘Sport’s’’ soul had left his emaciated, bloated body before he could puncture it with a leaden ball. He must have felt that death was com- ing, for when they found him the unfor- tunate man was on his knees, his elbows resting on the seaiof a chair, his hands clasped and his head bowed as if awaiting the executioner whom he could not elude. A MURDERQUS BURGLAR. Herman Boehn Arrested on a Charge of Assault to Murder. Herman Boehn, a matiress-maker, was brought from Benicia last night by Po- liceman J. J. Crowley ani was booked at the City Prison on a charge of assault to murder. Boehn is accused by James Mclntire, 760 Church street, of being one of the Lwo men who broke into his house early Sunday morning and who were disturbed by bim while ransacking his room. * Mclntire 1s an athlete and was getting the better of the two men, when one of them, said to be Boehn, fired a shot at him, which fortunately mis<ed him. ————— JUDGE BLAKE IMPROVING. The Aged Jurist Recovering ¥rom His Stroke of Apop exy. Gr,ntl_y to the surprise and gratification of his friends and family Judge Maurice C. Blake, the aged pioneer jurist, is rap- idly recovering from the stroke of paraly- sis that attacked him on last Sunday night. For several days nis condition alarmed his friends, for ihey argued that h\'s advanced years were against him. Thursday night and yesterday he began to show !IEns of a rapid improvement. Judge Blake was jeeling so well yesterday thal, accompanisd by one o f his relatives, he was able to go downtown to his office. Itis believed that If no serious charge takes place he will be good for several years yet to come. Sl Reunion of Christian Workers. Last evening the ladies connected with the Young Men’s Christian Association gave a complimentary dinner to their general secre- tary and the young men more actively en- gaged on the committees in the dining-ball of the association building, Mason and Ellis streets. Covers were spread for about 100. F. A. Jackson responded to a toast in behali of the ledies. After remarks by H. J. McCoy there were several short addresses on different aepartments of the work. The occasion was one of special enjoyment, and fittingly in- augurated the large undertakings of the as- sociation for the present season. —————————— Trip to Switzerland, Rev. Charles W. Wendte will lecture this evening at Metropolitan Temple on the sub- jeet, “Afoot in Switzerland.” ‘L'he lecture will be iilustrated by appropriate views. 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