The San Francisco Call. Newspaper, August 24, 1897, Page 12

2 1 THE SAN FRANCISCO CALL, TUESDAY, AUGUST 24, 1897, BUSINESS MEN FAVOR FAIR TAXED. State Equalization Board May Be Asked to Prevent a Raise. “CALL'S™ SUGGESTION POPULAR. Property of Decreased Worth Assessed Above Its Income Value, IN CONSEQUENCE OWNERS PROTEST. Declare That Rates Are Higher in This City Than Elsewhere in the Union. Without an exception the representa- tive business men who have so far been | seen indorse THE CALL's suggestion that | the taxpayers appear before the State | Board of Equalization with the object in | view of preventing a raise in the City’s assessment. The idea of having a special committee of the Board of Supervisors ap- pear beiore the equalization board in be- half of the City isalso looked upon with favor. The general impression seems to be that if business men and taxpayers would watch their interests more closely and cease to leave them in the hands of par- ties who are only interested in their own affairs taxes would be paid in proportion to the commercial value. Considerable comment is made concern- ing the taxes paid on property which now produces but from one-third to one-half of the amount of rent collected but a few yearsago. Theimpression thatsuch vrop- | erty is being assessed higher than the in- come or the value of the property war- rants calls forth bitter protestation. S. Sachs of Sachs Bros. & Co. spoke of | the high rate of taxes already being paid throughout the City. He said: “Argu- ments and not threats must be laid before the Board of Equalization, and a splendid | medium for the purpose is THE CALL. I heartily indorse the movement, and hope that the result will be not only beneticial to the heavy property-owners, but to the | taxpayers at large. Property values are assessed as high or higherthan they were five years ago, while the rates are propor- tionately lower. This is one of the main reasons why the matter should be cor- rected. The tax rates are higher here than in anyother part of the Union, and the reason for this has always been a source | o wonder to me. The impression that | th e City has the wealth of the coast may account for it toa certain extent, but the in terior parts of the State cannot get along without us and vice versa. We should show fight against this outrage, ana the resalt may be beneficial, but when the taxpayers remain in the background and | do <r say notning, what can be expected? | “} am willing to pay taxes on four or | five million dollar bonds issued by the City for general improvements, but the idea. of having to pay general taxes on property which is assessed far above the sellizn ¢ price or the price which could be collected at a forced or auction sale is rather discouraging to me. I hope the good work will go on,’” Mr. Goldberg of Goldbere, Bowen & Co. said: “I mo-t assuredly indorse the movement of THE CALL in this matter. I am NOW Paying taxes on property in the outside lands blocks which amounts to more, taken from an assessment accord- ing to valuetion standpoint, than the property is actually worth in the market to-day. Property is going. down, down, down, and the taxes are rapidly going the other way and there seems no help for it. Irecently sold some flats on California street which were actually eaten up by taxes. I firmly believe that I paid taxes there and in other places on property 25 per cent above the market valuation. “Now is the time to make a decided XEW TO-DAY! Our competstors—ihe high class tailors. fioas BROS 27-37 Kearny corner Post Fence up; prices down. ““How is it, you claim your cloth- ing to be so good.”’ Yes, we claim and prove it. It’s like this ; we’ve sold clothing on this corner since most of you were boys, have a good name and must keep it. Know no better way than to | give good value. | Put every piece of cloth to a | severe test before making up. ‘ Then have the making done carefully, each garment being ex- | amined for defects before leaving the factory. On top of all that we offer to give your money back cheerfully if dissatisfied. Boys’ combination suits, fast color, all | wool; I coat, 2 pants, I cap, all same | material, for ages 8 to 15 years, worth | $4.50. Now $3.50. . Boys’ long pants suits for ages 11 to 19. Exceptional value. Worth $5.00. Now $3.50. Sixty all wool suits for men, worth $10, $11, $13. Now $7.50. One hundred and ten suits for men, all | wool, thoroughly well made, in sacksand | { and County stand, and [ would like to be in the front row. Those outin the Mission and out- side land districts suffer more than the property-owners on the principal streets of the City, and if either party should be unjustly taxed it should be those who have a chance to rent their property and not those who build houses for domestic and not business purposes.” 3 A. Nordman of the Standard Optical Comvpany is ther representative busi- rses THE CALL'S move- ment, We have formerly left it all to the politicians and not interested ourselves in a maiter which most assuredly interests us as much or aore than any other thing connected with the successiul carrying on of business. Property is as- se-sed higher and rents are becoming lower and lower as the years go by, which is a condition of affairs hard for me and, I suppose, for others to intelligentily solve. We should put our shoulders to the wheel and heip THE CALL in a matter vitally important to ali business men and taxpayers. I am in favor of lower assess- ments on depreciating property, and hope that the result attained will be in har- mony with the wants ot us all.” L. C. Meyer of C. H. Meyer & Bro. is of the opinion that taxes are too high for the | commercial value of all property in tne City and County and hopes that the move- ment of THE CaLL will meet with the hearty approval ot all taxpayers. He said: ‘‘Taxes are high and are spent in the wrong direction. It is not so much the question of having the taxes reduced as it is to prevent them from being yearly raised. We should use the money paid out for taxes in the improvement of our ‘poor sewers, our school system, plumbing system and our disgraceful streets. Our streets are in a terrible condition, and yet the taxes on the property on the streets which seem to be the poorest actually get larger and larger as the streets get p-orer | and poorer. “It is a condition of affairs which should arouse the business men to action in sup- porting THE CALL in a manner not soon t6 be forgotten by those who should do the work themselves.”” A. Roos of Roos Bros. said: “I heart- ily join THE CALL in a movement which should have been taken up by the business men years ago. Let such good Work go on and our City will be improved in more ways than one.” J. Taussig said: “I don’t see how any one can help indorsing a movement which will b beneficial to_all property- owners if successlully carried out. I with others believe that property is being as- sessed far above its commercial value.” Raphael Weill said: “THE CALL'S move- ment is a splendid and just one, but as far as I am concerned I would be satisfied to leave my interests in the hands of the admirable committee of Supervisors which has been appointed to go before the Board of Equalizaiion in connection with our Mayor.” Henry Lyonsof the Eagle Clothing Com- pany said: “I wish THE CaLL unlimited success in their admirable venture. I will anxiously: await the resuit and also hope to give my support to the movement. It is of interest to all taxpayers throughout the State, especially those in this City. Sixty-five to 95 per cent is burden ,enongh for a peaceable community. Naturally representative citisens be- fore the Board ot Equalization would tend | to place the matter in a proper light, and 1 hope the resalt will worked for.” be as wisned and PAINTED ON IS HAND. A Mongolian Uses Palwistry in Selling Lottery Tickets. A TUnique Method of Foiling Police Officers Who Look for Evidence. Officers O'Cennell and Meridith of the DESERTED, BLIND AND EVIGTED Sorrowful Fate of Unfortu- ‘ nate Mrs. James Kelly. | Her Husband and Children Leave ' Her Helpless and in Poverty. | Compelled to Camp in a Lot While a Son Hunts for Shelter for Her. Blindness has cast its blighting pail over her life, husbaud and children have deserted her in her hour of affliction, and to make the saddest of sad stories com- plete the stern arm of thelaw has been invoked and bas cast her homeiess into the street. Such is the mournful fate of Mrs. James Kelly, who uniil yesterday lived at 2519 Harrison street, but who is now camped in an empty lot at the corner of Four- teenth and Folsom streets until she can procure a house, no matter how humble, under which to shelter a weary head. Up to two months ago Mrs. Kelly had a husband, an able-bodied son and two healthy daughters to aia her in bearing the burden of life, but all dropped away and left her to her fate. First the hus- | band lefi, ostensibly to look for work in | the mines, and then one of the grown-up | daughters went away, saying that she had | procured work in the Western Addition, | but never came back. Soon another chair was vacant st the family table and the last prop fell away. A son on whom the mother had relied to keep the wolf from the door disappeared and was seen no more. A second daughter was the next to go, and the unioriunate woman was leit with one son, who is out of employment, a daughter on whose face a wasting dis- ease has placed its awiul stamp, and three small children who are dependent on these unfortunates for bread. When rent day came around a month ago there was no money with which to pay and Mrs. Kelly was compelled to ask for time. Tue dreaded day came again and still the rent was delinquent, and the landlord began proceedings to have the family ousted, the suit being granted be- cause the poor woman had neither money to pay for rent or hire an attorney. She was given the customary time to vacate, and yesterday the Sheriff’s depu- | ties were reluctantly compelled to place | her belongings 1n ilie street. When they | saw how really unfortunate her condition | was the kind-hearted officers tried to in- | duce the iandlord to allow ner to remain for a day or two until she could try to procure other lodgings, but he was obdu- rate, and they were obliged to obey in- structions. When the goods were finally on the street the remaining son went to see whether a friendly exprassman would not | convey the furniture to a place where it | would be free from danger of being smashed by passing teams, and, as he lefr, the mother, with tears running from her sightless eyes, begged him not to desert her but to retura and help her along until her earthly troubles were over. The goods were finally landed at the lot J The Latest Device of the Wily Mongol for Concealing a Lottery . Drawing. Chinatown squad made an arrest of a dealer in lottery tickets yesterday which breaks the record for unique arrange- ments to foil the officers. They entered a store whbere it was believed that tickets were sold, and, just as they went in the door, they noticed a Chinaman make a peculiar movement and close his hand tightly., When the hand was forced open 1t was found that a marked ticket was painted on the palm. The man was taken to the California- stree station and Gong Dong, the police interpreter, said it was a perfectly marked ticket. Since the squad has pushed the ticket-vendors so closely they are com- pelled to use every subterfuze possible,and in this caseitissupposed that the man was afraid of being seen writing on paper, so had a fac-simile ticket on his hand. When a purchaser came he would mark the hand and then go to his room, where he would make a ticket to correspond with it. ——— - —— VETOED TILTON'S BILL. Mayor Phelan Wants Its Validity Set- tled by the Supreme Court ol the State, Mayor Phelan has decided to reopen the question of the payment of fees to the City Surveyor for engineering work done for the City, claiming that the Surveyor has no right to any emoluments beyond the specified salary allowed him as such officer. To bring the matter to an issue he has vetoed a demand for pay for engineering work presented by Mr. Tilton, and thus places that official under the ne- cessity of taking the matterinto the courts for gecision. Judge Hebbard in the case of Daywalt vs. Widber, Judge Hunt in the case of Til- | ton vs. the City and County and Judge Seawell 1n the suit of Tilton vs. the Board of Supervisors have decided that the Sur- veyor is ex-cfficio engineer of the City and County. The matter has never been taken to the Supreme Court,"however, and the Mayor is desirous of having the legal questions involved seitled by the highest court in the Stat-. Sl e Jennings Must Answer. Judge Seawell has overruled the demurrer frocks. Mixed colors, black and blue cheviots, Worth $12, §14, $15. Now #2080, 3 l in the case of Attorney C. M. Jennings against charges for disbarment which are pending and has alkowed ten days in which to answer. mentioned and the son started out to find some one who would give them at least temporary shelter, “I am deserted by all except those now about me,’’ said Mrs. Kelly, “‘and if it were not for the little ones I would pray for death to end this hopeless struggle.” TEACHERS REORGANIZED. A New Constitution, New Officers and New Plans for the Ensaing Year, The San Francisco Teachers’ Club held an important meeting last evening at which a reorganization was effected which the members feel will materially aid in | carrying on the work of the coming year. Milton E. Blanchard, the retiring presi- dent, read his annual report in which the work of the last year was reviewed, and the plans of the future were briefly touched uvon. Thesecretary, A. C. Mark, presented a report covering the same field in more detail. | A committee of fifteen, on reorganiza- tion, reported a new constitution, which was adopted. A list of lecturers and class leaders jor the year was also presented and approved. Officers for the ensuing year were elected »s follows: A. Kellogg, president; Mrs, L. K. Burke, vice-president; Mrs. M. M. Fitzgerald, recording secretary; S. A. White, treasurer; Miss E. A. Keating, li- brarian; Miss M. E. Donnelly and Miss Frank Hodgkinson, directors. A resolution pledging the support of the club to the approaching State Teach- ers’ Convention was adopted. ——— Bennie Miller Free. The case of Bennie Miller, the 8-year-old boy charged with manslaughter in shooting Lizzie Adami, his playmate. last Friday, at Third avenue and J streets, South 3an Fran- cisco, was called in Judge Conlan’s court yes- terday morning. The Judge dismissed the case, as ne said the shooting was - dental. € purely acci Ingleside Coursing Citation. | M. J. Donov surviving partner of the late | Jack Dalton in the Ingleside coursing park, has been cited to appear in Judge Coffey’s court and give an acconnting of the receipts o‘l‘fl:e bu‘nhl::llli‘ ”é):llllol\: complains tha she is not fairly treat the alvision profits, o THE BAIL OF A M LAWRENCE Power of Police Judge Campbell to Forfeit the Bond. Extended Argument Heard by Judge Wallace on the Writ of Prohibition, Saturday Next the Last Day for Talk. A Decision Will Then Be Rendered. A demurrer to the writ issued by Judge Seawell to restrain Police Judge Campbell from forfeiting the bail of A. M. Lawrence, one of the Examiner defendants in crim- nal Jidel proceedings, was argued before Judge Wallace yesterday. Judgze Campbell, Grove L. Johnson, Waiter Linforth, Gar- ret McEnerney, A. J. Clunie and W. H. L. Barnes were present. At the outset Mr. McEnerney, counsel for Lawrence, wanted further delay on the ground that he had just received notice of the demurrer. Mr. Johnson briefly called the conrt’s attention to the fact that the question presented in the demurrer was the same as that set forth in the petition to dismise the writ ana that McEnerney himself had suggested demurrer as the proper proceeding. Judge Wallace decided to let the argu- ment proceed and give counsel for Law- rence opportunity to reply at another time if they desired. The Judge also reminded counsel that the case had been arbitrarily assigned to him by the Presiding Judge. The constitutional right of the Presiding Judge to make the assignment was not disputed. 2 & Mr. Jonnson then recited the history of the case, setting forth the arrest of Law- rence for criminal libel on complaint sworn to by Ciaus Spreckels, and all the intermediate incidenis leading up to the issue of the writ of prohibition by Judge Seaweil to restrain a forfeiture of Law- rence’s bzil bond by the Police Court. The question, alter considerable skirmish- ing on the part of Lawrence's counsel to avoid the main peint, turned on the prop- osition as to the jurisdiction of the Police Court to decide whether tbe defendant should be actually present in court during the examination. . The court asked Mr. McEnerney if the proposition of jurisdiction was disputed, and he said it was not. Mr. Johnson contended that it made no difference how erroneous the ruling might have been, the defendant had a speedy and adequate remedy. The couri suggested that when the question arose somebody had to decide it, and that Judge Campbell was the only one to render tne decision, Mr. McEnerney said: *Suppose he made a void order? Our contention is tkat he did.” Many_incidental questions were raised; the sufficiency or rather the application of the bond was discussed, and much time was consumed in argument or talk until the proposition was again narrowed down to the question wnether the Police Court had the power 10 comvel the per- sonal attendance of the defendant. Mr. Clunie insisted that Judge Campbell had no power to decide either one way or the other. Mr. Johnson directed the court’s atten- tion to the law as expressed in thestatutes that the delendant must be personally present before the trial can proceed, and that the witnesses must be examined in the presence of the defendant. The elabo- rate argument was sustained by the cita- tion of numerous decisions bearing di- rectly on the question at issue, ana many replies weie made to inquiries from the conrt and opposing counsel. Mr. Clunie in reply contended that the provisions of the statute requiring wit- nesses 10 be examined in the presence of the defendant was placed there to benefit the defendant and could be waived if the accused so desired. He cited authorities on the point. It was further contended that the bond could not be forteited until the defendant refused to appear in the court before which he was finally held. So much was said about the peculiar features of this particular bond that the instrument of beil was sent for ara care- fully scanned by the court and all the lawyers present. Judge Wallace thought it was plain enough that the bond required the de- fendant’s presence at the examination in the Police Court whenever such presence was required by the court. The discussion took, a wider range. Mr. Clunie said it was not right that the de- fendant, Lawrence, should be compelled w0 attend the Police Court day alter day for weeks and neglect the paper which needed hisservices as editor. *‘This ques- tion,”” said Mr. Ciunie, *is of great import- ance to the defendant, who is the manag- ing editor of a daily paper, and I hope your Honor will give the subject the most careful examination and consider all the authorities vresentea. Tuhe question is great in importance. It may possibly in- volve the suspension of a paper. Jadge Campbell may harrass the editors and bring them one by one into court.”” Grove Johnson did not betray any alarm or agitation at the possibility of this great calamity, but calmly proceeded with the legal argument 1o t.e effect that the Pulice Court had power to determine the question whether the defendant should be present. At the expiration of three hours’ talk and after numerous authorities bad been cited and carefully noted Judge Wallace said he would permit further argument any day this week between the hours of 120’clock noon and 2 p. M. until Saturday at 10 o’clock in the morning, when he would listen to final argument and decide the case. Mr. Clunie remarked that his leading associate, Mr. McEnerney, would be en- gaged elsewhere all the week, so he ac- cepted Saturday as the day for final argument. EUGENE KENNEY ASSAULTED, Beaten by the Brother of the Man He Killed. There was an exciting scene in Judge Dunne’s court yesterday when Eugene Kenney, the slayer of Patrick Dolan, was taken into court that he might be form- ally committed to the insane asylum and tha jury summoned to try him for murder be discharged. Michael Dolan, the brother of the mur- dered man, was in tne room, d upon Kenney’s appearance furiously attacked him and began beating him about the head. Dolan was promptly seized by officers and taken down stairs to the City Prison, where he was charged with battery. Judge Dunne subsequently requested that Dolan be dischargaa from custody. —————————— A Small Fire. At half-past 2 o’clock yesterday afternoon a fire broke out in the storeroom of McCabe's lodging-house at 1025 Market street. The Fire Department was called outand the flames were prevented fiom spreading. The dumage will not exceea $200. The origin of the fire is unknown. BEATEN, ROBBED, HALF DROWNED George Graham, Deckhand, Relates a Strange Experience. Says He Was Deliberately Thrown Overboard, but Swam Ashore, He WasPicked Up Unconscious at the Presidio and Taken to the Receiving Hospital. George Graham, a deckhand on the steamer Sonoma, had an experience yes- terday that he will not forget ina hurry. He was paid off vesterday morning, re- ceiving §50 in coin. To celebrate the acces- sion of 50 much weaith he went into a sa- loon on the water front. Five men were standing at the bar and Graham invited them all to drink with him. They had a number of drinks and Gra- ham foolishly began to brag about his money, which aroused the cupidity ef his guests. They invited him to have a sail on the bay, and Graham jumped at the bait. A boat was hired at one of the wharves, Graham does not remember which, and be paid the fee. They sailed along till they got almost opposite the Presidio bar- racks, when he was thrown to the bottom of the boat and beaten about the face and body till he was almost insensible. While two of them were beating him the others were going through his pockets. He yelled for belp, and to drown his cries he was lifted up and deliberately thrown into the bay. The cold shock somewhat sobered him, and being a good swimmer he struck out for the shore, which was not a great distance away. He succeeded in reaching the shore, but was so_exhausted that he became uncon- scious. One of the soldiers at the Presidio hap- pened to pass along the shore two or three hours afterward and found Granam. He thought at first he was dead, but finaily succeeded in rousing him to con- sciousness. The North End police station was noti- fied and the patrol wagon was sent for Graham. He was taken to the Receiving Hospital and Dr. Weil attended to his injuries. Both eyes were blackened, his lips were cut and swollen and he was bruised all over his bodyv. When searched $12 10 was fcund in his pockets, and he thinks he had been robbed of between $30 and $35. He knows one of the men, ne tninks, and has given a description of him to the police as well as of the otherfour. Itisexpected that they ‘| will all be arrested soon, as the man from whom they hired the boat was also able to describe them. NO STATE RIGHTS. Collector Jackson Ignores the Authority of the Quaran- tine Officer. He Orders Ships to Land That Were Prohibited by Quarantine Officer Chalmers. When Captain Sealby, master of the Coptic, attempted to go through the Cus- tom-house yesterday be had some little trouble owing to bis having broken the envelope containing the health certificates of the Federal quarantine officer, in order to meet the peremptory demands of the State quarantine officer. Deputy Farley called attention to the broken envelope, and suggested that ths master of the Cop- tic go and see the Collector. When Captain Sealby reached the Col- lector's office he was asked to make an explanation. The captain sai. that he had not heard that there had bi:n any friction or disagreement bLetween the Federal and State officials in the matter of the quarantine. At the timethe vessel was boarded by Dr. Chalmers she had just come out of a bank of fog. and another fog bank was looming ahead. There was an opening between the two, and the cap- tain was very anxious to take advantage of that so that he might have no difficulty in landing. Impelled by the impatience of the pas- sengers, who wanted to land as early as possible, and his desire to keep his ship safe from injury, in a moment of haste, having no one to advise him, he took a paper-cutter and cut open the envelope on the edge so as not to injure the Gov- ernment seal and took out the bill of health for the inspection of the State Quar- antine Officer. “Had I known that there was an issue at stake,” aaded the captain, *‘I would have obeyed the Federal authorities a¢ all hazards, and I will hereafter do so.” The agent of the O.and O. steamship line assured the Collecior that such a thing would never happen again, and that he would give official notice to the masters of every one of the ships of that line so as to reach them before they came into port that they must obey the order of the Federal Quarantine Officer. The explanation was satisfactory to the Collector and he waived further proceed- ings that he might have taken against the master of the Coptic for breaking open the official seal of thedepartmentand directed the officers toallow the vessel to1and. The Umaulla and the ship Loch Cavron from Newcastle were directed by the Collector of the Port to land. notwithstanding the order of Quarantine Officer Chalmers that tney should not land until they had allowed him to lock over the bill of health, the Collector having promised to stand between them and harm. —————— BLISS BEFORE BARS, Charles Schmidt Prefers Marriage to Being in Prison, Charles Schmidt, a nurse at the German Hospital, was arrested yesterday after- noon by Policeman P. Whalen on a war- rant charging him with betrayal under promise of marriage. The complaining witness was Margarette Voss, a handsome woman living witk her aunt at 18178 Howard street. She met Schmidt last December, and they soon be- came engaged to be married, but lately he had shown no disposition to carry out his promise. Schmidt did not relish the idea of being locked up in the City Prison, and ex- pressed his anxiety to marry Margarette. She had accompanied him and tha officer to the prison, and the marriage license was soon procured and Justice of the P:ace Kerrigan made them man and wife, Jadge Low thereupon issued an order re- feasing Schmidt from custody. The fac-simile signature of is on every wnppor 9f CASTORIA, AYPNOTISN NOT A GOOD DEFENSE Japhet Ebanks Must Hang for the Two Ocean- side Murders. The Supreme Court Sends the San Diego Murderer to the Gallows. He Killed Mrs. Stiles and J. B. Bor- den While They Were Camping Near the Beach. The Supreme Court yesterday affirmed the judgment of the Superior Court of San Diego Coun:y in the celebrated mur- der case of the People vs. Japhet Ebanks, who murdered Mrs. Harriet Stiles and J. B. Borden at Oceanside on September 6, 1895. The case went up on the point that the conviction was on circumstantial evi- dence and that the lower court erred in refusing to allow a hypnotist, B. A. Stephens, to testify that he hypnotized the defendant after the murder and that the latier denied the crime when under the hypnotic spell. Commussioner Searles investigated the case and gave the opinion, which the Supreme Court affirmed. He held that the circumstantial evidence was clear and convincing and that there were mno grounds for changing the opinion of the uial court, In all this the Supreme Court affirmed the aecision. Commissioner Searls took occasion to say, while passing on the question of hyo- notism, that the law did not recognize bypnotism and that he would not fora moment entertain that point of the de- fense. In passing on the case the Su- preme Court agreed, but Justice McFar- land took occasion to say that he did not quite agree as to the attitude of the law toward hypnotism, but he added that it was not necessary to dizcuss that point in detail in the case at bar, as the hypnotic evidence offered in that case was emi- nently improper, irrespective of the fact that the law mizht recognize it in other cases. The Ebanks murder mystery created a great deal of excitement at the time, for the old man and woman, who were spend- ing an outing season at the ocean, were kilied without apparent motive. Defend- ant had been under great religious excite- ment a short time before the murder, ata Seventh - day Adventist camp - meeting, and had followed his revival experiences with a heavy debauch. The Bupreme Court remanded nim to the Superior Court to be sentenced todeath in accordance with the original verdict. WHO OWNED THE MONEY? The Charge of Grand Larceny Pre- ferred Against Ex-Pastor Kenneth Duncan Dismissed. The charge of grand larceny against Kenneth Duncan, the ex-pastor of How- ard Presbyterian Church, was dismissed by Judge Low yesterday morning. The complaining witness was Mrs. John Axtell, wife of the keeper of a restaurant n Sixth street. Duncan was employed in the restaurant for a few days and Mrs. Axteil alleged that he stole $85. Duncan left the City and went to San Jose, where he was arrested. Mrs. Axtell was too ill to appear in court, but her husband went on the wit- ness-stand and asked, for the sake of charity, that tie case be dismissed. Tne money, he said, was his and he was will- ing that the ex-pastor should not be prosecuted as he believed he was insane and not responsible for his actions. Detective O’Dea informed the court that Mrs. Axtell claimed that the money stolen belonged to her and she wanted to prose- cute the case. She had requested him to ask for a postponement of the case until she was able to appear in court. The Judge expressed the opinion that in view of Axtell’s statement he could do nothing but dismiss the case, although Mrs. Axtell could secure the rearrest of Duncan 1f she so desired. Attorney Nagle, who represented Dun- can, asked the Judge to surrender kim to the custody of ihe police that he might be examined as to his sanity, but the Judge refused and suggested that a warrant could be obtained from any of the Su- perior Court Judges. QUESTION OF VERACITY. Charge of Asmault With a Deadly Weapon Against Antone Wilson Dismissed. Antone Wilson,a cook living at 4105 Eighteenth street, appeared before Judge Low yesterday afternoon to answer a charge of assault with a deadly weapon. The complaining witness was C. T. Lindwald, who aileged that Wilson on the night of August 3 pointed a revolver at him and threatened to shoot him. Lind- wald had to defend himself with a chair, and Mrs. Angusta Boyens, who lived in the same house, jumped outof the win- dow and sustained injuries that have since confined bLer to her bed. Wilson in his defense denied that he used a revolver. He had supported Mrs, Boyens for the past five or six years and when he found Lindwald in her room they n-ddsoma angry words, but no weapon was used. As it was a question of veracity between Linawald and Wilson the Judge gave the defendent the benefit of the doubt and dismissed tbe case. ——————— Deputies Farley and Jerome Thanked. The Secretary of the Treasury sent & letter which Collector Jackson received yesterday extending the thanks of the department to Deputy Collectors Jerome ana Farley for their suggesiion that consular certificates should be made uniform in size and style. The letter announced also that the aepart- ment had adopted the suggestion and had notified all the consular officers of that faet. XEW TO-DAY! In Tirelessly Waging - the Battle the worst sufferers. Dr. Miles' New Sys- tem of restorative Remedies have sustained many weary men and women when physical and mental exhaastion seemed imminent. When the brain 1s all in a whirl, when the dead, oppressive pain at the base of brain is slmost unbearable, or when the eyes are {airly dancing from shooting neuralgic agony Dr. Miles’ across the forehead from temple to tem- Sold by all drugzis ple, get » bottle of on guarantee to ben- efit. Book on heart Nervine. and nerves sent free. DR. MILES MEDICAL CO., Elkhart. Ind. NOTARY PUBLIC. A. J. HENRY, NOTARY PUBLIC, 63 l’x’o‘lofi‘“ o QPE FALaOE gorul. sirese Telepbons 3 KEW TYO-DAY. © 0000000000000 000000000000 Our Sale of -Black Shoes IS THE GREATEST SUCCESS OF ANY SALE WE EVER HELD. % % % | The reason of the popu- larity of this sale is that we have all kinds of Shoes —all styles, all sizes and all widths. We have such a tremendous overstock of both Men’s and Women’s Shoes that in order to close them out we are going to let them go at almost any price. No matter what you want to pay, we can fur- nish you with Shoes. WAY DOWN We have marked the prices of Shoes down to one-half their real values. For $1.00 S$1.25 $1.50 $1.75 $2.00 $2.50 AT THESE PRICES You can get fine Men’s Shoes that are worth twice as much. Ladies’ Shoes at the same prices. We sell Shoes and nothing else and can always make you the lowest prices. Our force of clerks has beenincreasedand every- body waited on promptly. % % 2 % % % % % § % We Have No Branch Stores. NOLAN BROS. SHOE cCo., PHELAN BUILDING. 812-814 Market Street, 8. F. We are the prompt matl-order house. Write for new Catalogue. ©-0-0-0000-0-0-0-000-0-0-00-0 0-0-0-0-0-0 0-0-0-0-0-0 0-0-00-00 0 0-0-0-0-00-0-0-0-0-0 000000 000000 000000000000 000000 000000 000000000000 % % % % % % § | NSNS NNNN {{§ s.flPerfect s N Zatant Food§ Condensed Milk APerFeCT SuBSTIVUTE FoR MOTHERS MiLk. FOR 40 \ YEARS THE LEADING BRAND. ‘\ . @noensED MiLk ©: NEw Yor: § c R AY or FADED HATR RESTORED to youthful colof and beauty. by DR. HAYS' HAIR HEAL Re- Vi 0 1 o Lol fomens AR ot Al IR ()-OIIEE_!CET‘\' AGE PHARMACY, 953 Murket st AELS; COFFIN, REDINGTON & CO. PELS \\'On:u IN LESS - \ TNEANT HEALTH Sonr FREE. moves dandruff and scalp disease. Don't stain MACK & O LANGLEY & MICH: THAN 2 HOUKR: VER FAILS; sent free on receipt of $5 by Medico-Chemical Co., P. O. box 201, Oakland, Cal. 1f desired r. Martin, author of this tr-atment, 574 15th st., msy be consulted. Properly prepared anq THE GRILL ROOM OF THR Popu! Apart- Baja California ot oo RS A G ‘..,.‘mpflf etoe i :&D::L\g AND Loth sexes, orxany the kidoeys and bladde:. invigorator and Nnrvln:l 5'";..5"-':;-,5-“-“-".2'.2 AN EXCELLENT T i g PALACE Damiana Bitters ey L K et als ne NABEK, ALFS & BKUNE, a9 Markes Bies B, Fom(ond oF him #