The San Francisco Call. Newspaper, September 3, 1897, Page 8

CISCO CALL, FRIDAY, SEPTEMBER 3, 1897. HOT TIME OV A RANCH AT NIGHT Bloody Combat on the Mis- sion Road Near the Six Mile House. ITALIAN GARDENERS AT OUTS. A Challenge Given the Martellos Is Promptly Accepted and Executed. SILVESTRI AXD MIBELLI CHALLENGERS Martello and His Son Arm Themselves With Sword and Ax and Place Their Foes Hors de Combat. Thers was a hot time on a ranch on the Mission road near the Six-mile House Wednesday Fillippo Marteilo prides himself on the beauty of the violets that grow on his ranch, and his bcastfulness roused the ire of Joseph Silvestri and Joseph Mibelli, who own an adjoining ranch, and also pride themselves on the beauty of their violets. Martello has a son Joe, 18 years of age, and a pretty daughter a year younger. Both Silvestri and Mibeili were smitten with her charms, but she gave neither the slightest encouragement. This added to the bitter feeling existing between the ranchers, and when they met words far from complimentary were exchanged. Weanesday afternoon Silvestri and Mi- belli met Joe Martello and hot wo:ds passed. Finally Silvestri and Mivelii told | Joe to gather all the Martelios in the dis- trict and they would meet them in open combat and exterminate them. Joe when he got home toid his father, and the old man’s blocd boiled as he pondered over the indiznity of such a challenge. He comes of a fighting stock and he and Joe decided to go themselves that night to Silvestr1 and Mibelii’s rancn and uLave it out. They got Louis Nessier, a boy 16 years of age, (0 accompany them as reieree. They waited until midnight and then saliied forth in the darkness to do battle for the honor of the name of Martello. Old Martello armed himself with a sword which his father wore while fight- ing side by side with Garibaldi in sunny italy and Joe took possessiou of the ax used for chopping wood. Young Nessier, to be prepared for an emergency, armed himseif with a piece of lead pipe. When they reached the cabin of their foes old Martello struck the door a re- sounding whack with the hilt of his fath- er's sword, and dared them to deadly combat, There was no answer, and again the hilt of the sword struck against the door. Martello was getting angry, and used lan- guage that men with any pluck would ly resent. You cowards!’” he yelied. **‘You are afraid to come ou Therz's_only Joe with me, and we’ll t you' till there's not a drop of blood left in us.” While the old man was pummeling on the door and calling Silvestri and Mibelli all kinds of bad names th peared out of the gloom. They had been visiting another rancher, and were re- turning. home. Hearing old Martello’s words of vituperation, they hurried on, eager for the conflict, although they were unarmed, not having expected such an early reply to their challenge. Silvestri rushed at old Martello and Mibelli made for Joe. The old man swung his father's trusty blade round his head and made aslash at Silvestri. The keen edge of the blade swished across Bil- vestri’s forehead and cut a piece out of his head, but fortunately did mnot penetrate the sknll Siivestri, noching daunted, made for the old man again, when Ne sier, getting excited, strack him on the head with a piece of lead pipe, knocking him down. Martello placed his foot upon his falien foe’s chest and raised the sword aloft as if to strike, but Silvestri yelled for mercy. Spurning him with his foot the old man turned to see how Joe was | getting on with Mibelli. Mibelli was on the ground with the edge of the ax imbedded in his skull. Joe had struck him after a tew passes and knocked nim out. The Martellos and Nossier returned to the former’s rancn in triumph and cele- brated the event in copious draughts of wine. Some one telephoned to the Seven- teenth-street police station that murder had been committed on a ranch near the Bix-mile House, and Captain Gillen sent Sergeant . Campbell, Corporal Shanahan e2nd Policemen Graham, Stanton and Griffin with the patrol wagon to the scene. Lhey founa Stivestri and Mibelli bleeding from their wounds, and Mibelli with the axin his skull. The patrol wagon was sent with them to Dr. Baumeister, Twen- ty-ninth and Dolores streets, who at- tended to their injuries, and they . were taken bome again. The wounds are not considered dangerous. The posse went to the Martello ranch ; and found that the occupants of the house had retired and were sound asleep. Ser- geant Campbell knocked on the door sev- eral times hefore it was opened by Joe. **You have Leen having a picnic around pere to-night?” suid the sergeant. ‘“Yes,” said Joe, “there’s been a hot time on the old ranch to-night.” The old man appeared and he and Joe told the sergeant about the challenge and the combat and their trinmph. Tke sergeant placed father and son and Nessier uuder arrest, and they were taken 10 the Seventeenth-sireet station. A charge of assault to murder was booked against the Martellos and Nessier was char ed with battery. Jjudge Low will hear the case next Wednesday, as Silvestri and Mibelli will not be able to appear in court till then, TRIED TO HANG HIMSELF. Ah Jim, a Cook, Wants to Die Rather Than Serve a Sentence. Ah Jim, a cook out of employment, was sentenced by Judge Conlan yesterday morning to pay a fine of $100 with the alternatve of 100 days in the County Jjail for playing a lottery game. As he was unable to pay the fine, he was locked up in a cell by himself in the City Prison pending his transportation to the County Jail. Sergeant Bidwill, about 4 o'clock yesterday afternoon while making * his rounds of the cells, found that Ah Jim bad torn a long strip from his cloth- ing, tied 1t in a loop and attached it to the | from Oa ddenly ap- | | gzte post of the cell with the intention of hanging himself. The sergeant took possession of the strip of ciothing and Ah Jim was placed in a icell along with other prisoners. He saia he had been out of work for_three weeks, and both he and his wife had been starving. He had no money to pay his fine, ana he preferred to hang himseif rather than serve his sentence. DR. MATZKE TO LEAVE. Head Professor of French at Stanford Going to Paris for a Year. Professor John Ernst Matzke, head of the department of the Komanic ianguages at Stanford University, will leave here next Monday, over the Central Pacific, on his way to Faris, where, during a year’s leave of absence from Palo Alto, he will pursue advanced studies in French litera- ture. While he is away Professor Davidson, who was added to the department last vear from Toronto University, Canada, wiil be in charge of the work at Stanford, and a new assistant professor of French has recently come on from Bryn Maur College to take the place made vacant by the resignation of Assistant Professor Jacques Braun, who, after many years of teaching, has . returned to the protession of law. Tnre new professor is O. M. Johnston. Of him Professor Matzke said yesterday: “He is a man of high scholarship and he comes highly recommended as a teacher. I consider him 2 strong addition to the department.”” Dr. Matzke, who is about to leave, has beid the chair of the Romanic lanzuages at Stanford for the last four years. He received his A.B. degree in 1882 from Hops College and his Ph.D. degree in 1888 from Johns Hopkins University. He was professor of French at Bowdoin Col- lege from 1589 to 18%), professor of the Romanic langusg-s at Indiana University irom 1890 to 1891 and associate professor of the Romanic languages at Johns Hop- kins University from 1891 to 1893, just prior to his cali to Palo Alto. SAW A VEILED WOHAN. A Witness Says She Was Near the Hoffman Store the Fatal Night. Defense Will Rest Its Case To- Day and It Will Be Argued Next Week. The General Barnes announced yesterdar that the defense in the Figel case would rest its case to-day. Rebutisal testimony will be put in by the prosecution, the ar- guments made and the case submitted to the court next week. The first witness called yesterday wgs Rupert Manuel. He testified that he came kland on ihe evening of June 1 He leit the ferry 6:25 and walked up past the Hoffman-Rothchild store. In front of the door, which was open, he saw two men arguing. One man was about four inches taller than the other. The smailer one had an auburn mustache; the other was of dark complexion. He heard the larg- er man say, “Come inside and 1 will settle with- youn. The witness walked on up Bush street, where he met a veiled woman dressed in black. 8 e was rather stout and was walking up and down along the nortk side of the Hoffman store. This was about 6 Mr. Ach gave the witness a severe cross- examination to -test his credibility. He said he was born on a boat in the Mediterranean Sea. His parents were na- tives of British India and he had spent a part of his life in China. At present heis alawyer'sclerk. Closely questioned as to his movements on the day and evening of June 1 he became rather angry at Mr. Ach, and by this his estimony was weakened to a certain extent, as he would give evasive answers, Tupper S. Maloney, a druggist of San Rafael, testified that he sold Figel a bottle of ink about 9 o’clock the night of June 1. Charles F. McAllister said he toid the d fendant that night that he could ge: ink at Kel!lner’s. C. H. Hilbert saw Figel on the boat that evening and thought that he appeared as nzual. William Hatteroth, a dealer in surgical instruments, swore that he had noelectric beits in his window on June 1. On cross- examination he said that he had some trusses. Hatteroth’s store is where Ma- loney claimed to haye stopped to look at some belts. Tnomas Turnbuli of Fruitvale said that | he knew Mr. Hoffman, and on the night of Hoffman’s death saw and spoke to him in front of the store at 6:32. Mr. Ach brought out tie fact on cross- examination that the witness had been sued several times, and asked if he had not at one time made the statement that fe would swear falsely if there was money in it. Mr. Turnbul! denied this emphati- cally, as well as some other crooked ace tions attributed to him. CHARGED WITH BURGLARY, | The Preliminary E ation of “Tug?”’ Wilson, ¥Frank Howard and J. Courtney Commenced. The preliminary examination of “Tug” Wilson, Frank Howard and Jonn Court- ney, ex-convicts, on a charge of burglary, was commenced before judge Low yester- day afternoon. Policeman C. M. Barnes testified to see- ing the three deiendants breaking open the basement door of the house of C. W. ‘Wilkinson, 2016 Baker street, on the after- noon of August 24. He took up a position behind a fence in a vacant lot and waited for developments. One of them came out and remained on the sidewalk, evidently as a lookout. Barnes got from behind 1he fence, and when the lookout saw him he threw 2 chisel at the basement door and the other two csme running out of the house. Parnes pursued Wilson and Howard, and Wilson wheeled round and ihrew a chisel at him, which narrowly missed him. Sergeant Christiansen then ap- peared on the <cene and Wilson and How- ard were quickly overtaken and hand- cuffed. Barnes pointed out Courtney, who was about a biock away, as the other burglar, and the sergeant arrested him. When searched a file, <aw and piece of canale were found in Howard’s pockets. Sergeant Christiansen testified to assist- ing in the arrest ot the defendants and finding the file, saw and candle in How- ard’s pockets. E. W. Wilkinson, the owner of the house, testified to lccking all the doors when he left home that morning, and when he returned in the evening the base- men: door was open and there was a mark on it showang it had been forced open. As a fireman named Dunn, a witness for fhe prosecution, was not present in court, the case was continued till nexi Tuesday. —————— Main’s Circus Parade, The parade whicn will take place this morn- ing at 11:30 o’ciock is said in one important particular to be superior to other street pageants, and that is the great number of superb horses, consisting of imported Nor- mans, Belgian, French coach and pure Ara- bien horses,as well as Kentucky thorough- breds in the finest condition. X Theyy never l‘llgl 1o create great admiration and interest, The curved and gilded animal cages, vans, tableau wagons, chariots and_open dens of wild ani- mals. in which ride their keepers, are said to be magnificent. The gay trappings of the ani. mals and ihe gorgeous costumes worn by the p::lt;x;merla and :lldexs‘nlill g0 toward making 1 reet parade a sight wo: ihe strest g rth going a long Starting from the grounds, Eighth a e rison streets, at 11:30 4. m., lhkgrouxe"\?il{ITJ: as follows: Eightn street to Mission, to Spear 10 Market, 1o Sansome, to Jackson, {0 Mon.. gomery, to Market, to Kearny, to Monigomery avenue, to Dupont, to Market, to Valencia, to Sixieen'th, 10 Folsom, to Eighth and Harrison.» an DOBBERTIN’S LATEST. Otto Dobbertin has just finished two pieces of sculpture which, he expects, will add greater fame to his name. One isan excellent likeness of Ralph C. Harrison, Associate Justice of the Supreme Court of California, and the otherisa bust of the late Cnarles F. Crocker. Mr. Dobbertin has succeeded in repro- ducing the Jusiice’s features in a bas- relief, and all who have seen the work con- sider it very fine. The bust of Mr. Crocker was made from a death mask taken by Mr. Dobber- tin and from photographs. The sculptor's handiwork has pleasea a great many of the late Southern Pacific official's friends. Charles E. Green, who acted as secretary to the late first vice-president, saw the bust and was very favorably im. pressed with it. He said, *“It is an excel- lent likeness of Mr. Crocker and the sculptor has done justice to the subject.’” Irving M. Scott, a connoisseur iu mate ters of this kind, and whose opinions are very well thought of in art circles, was seen yesterday, and when asked about the bust, spoke very highly of it. Hesaid: “1 have seen Mr. Dobbertin’s work and think it very fine. The artist has caught the expression, the tempera- ments and pose of his head, and, take it all in all, I de not see how it could be better.” THE END SEENS CLUSE AT HAND The Fair Case May Go to the Jury in a Very Few Days. Judge Slick Has Decided to Put a Time Limit on the Closing Oratory. Another Session Consumed in Weary- ing Talk About Those Irrepres- sible Notarial Blanks, Btatements were made to Judge Slack vesterday, by tiie attorneysengaged in the Fair trial, which furnish grounds for the hope that the vrotracted litigation will come to an end within the next few days. Attorney Mitcheil proclaimed on be- half of the plaintiffs’ side that this fore- noon would see the close of the rebuttal, | and Mr. Delmas added to this the happy information that the sur-rebuttal would be blissfully brief. Now if they only keep their promises, Tne arguments which will follow the clo-e of the evidence will consume four d If the attorneys were given their way these arguments would doubtless go on for a month or more, but Judge Slack has announced that he proposes to have somet.ing to say about that matter him- self. He has notified the opposing sides that they can have two days each and no more. The session of yesterday was sleepy and uninteresting. It was devoted for the greater part to hearing what the em- s of the Crocker stationery establish- had to say about the manner in unotarial blanks are made, stowed and disposed of down at their store. arto, a printer, was put upon the stand as an expert to rebut the evi- dence given a fortnight ago for the de- fense by Printer Woodward. The latter said that the notarial blank found in Gen- eral Dickinson’s office early 1n 1896 was identical with the blanks which Coopey used in acknowledging the disputed deeds. This had the effect of puttinga damper on the plaintiffs’ claim that the Cooney blanks were not in existence at that time, Barto, with the aid of one of Max Gum- pel’s spyglasses squinted at all the blanks and said that Woodward was off color as an expert. He talked at length about stone proofs, planer proofs, briars, shoot- ing-sticks, quoins and even the print-shop towel—all, except probably the towel, fur- nishing nothinz but awe and mystery for the jury and yawning lobby. Barto was cross-examined by Delmas, but nobody woke up. The attorney found that a little, retiring comma, which ap- peared in the printer's proof of one of the bianks did not show itself in the finished blank, which Barto had said was identical with the proof. An explanation of this discrepancy was dewanded, and Barto said he guessed that the evasive comma must have “dropped out.” The expert was then excused, and that happily ended the talk about notarial blanks. Attorney Mitchell now offered certain parts of Mrs. Craven’s original deposition in evidence for t.e purpose of disputing some of the defense’s testimony regarding the allezed deiivery of tne deeds. According to the deposition, Mrs. Craven last saw Senator Fair alive at noon on the 22d of December, 1894. That was on a Saturday. Hennesey, the jani- tor, who says he got the package contain- ing the deeds from Fair, told on the stand that he did not get the package until fter the 224—at least he said he thought so—and Le was quite sure he did not see the Senator on the Sabbath. Herbert Clarke, the millionaire’s valet, was then put on the siand. He testifiea that the Senator was taken ill on Satur- day night, the 23d of December, and never left his bed again, dving on the 27th. Huntington Home Again. H. E. Huntington, representative on this coast of and assistant to President C. P. Hunt- ington of the Southerr Pacific Company, re- turned from Southern California Wednesday night from one of his periodical visits of in- spection of the compuny’s roads. He made a particular examination of the branch lines about Los Angeles. HOSPITAL FOR RAILROAD MEN Objections of the Streetcar Men to a Compulsory Tax Removed. The Donahue Mansion on Bryant Street to Be Leased for the Purpose. A Pet Project of the Late Colonel Orocker Delayed by His Decease. A proposition was made to the employes of the Market-street Railroad several months ago to allow a deductionof a monthly rate for the support of a hospitai from their salaries, but the objection on the part of the men was so strong that the project was all but abandoned at that time. Recently the project was revived, and the streetcar men consented to the monthly tax. George T. Willcutt, secre- tary of the company, stated yesterday that the new railroad hospital wouid be in operation in about sixty days, and, in relation to the new institution, said fur- ther: “The project of the establishment of a railroad hospital in this City was favored by the late Charles F. Crocker, and but for nis untimely decease would have been in operation several months ago. The necessity of a hospital for sick and maimed employes of the Southern Pacific has been demonstrated. Thereare several hundred persons engaged in the service of the corporation in this immediate vicinity who have hitherto been treated at their homes ‘when disabled, or in case of severe injury been sent to the Oakland or Sacra- mento hospital to the great dissatistaction of parties who objecied to being sent away from their homes or famili “For along time the managers of the Market-street Railroad have endeavored to convince the thousand or more of its employes to join with the railroad men in the support of a hospital, but until recent- ly without success. “A very large number of the streetcar men objected on account of being already members of organizations paying benefits in case of disability, and could not be con- vinced of the necessity of paying the nos- pital dues, but thair objections have been overruled, and at a recent conference be- tween the officers and employes 90 per cent of the latter agreed to allow the fifty cents per month hospital dues to be de- ducted from their salary and effect a com- bination with the railroad men for the suppgrt of an institution exclusively their own.” Dr. M. Gardner, surgeon-in-chief of the Southern Paciiic, is now at the East and is expected to return in about three weeks. During his absence be is visiting a num- ber of railroad hospitals snd will apply his observations in the fitting up in the most scientific manner the one decided upon here. The location of the new hospital has been a matter of consiuerable aiscussion among the officials, and the decision has been reached to lease the old Peter Dona- hue mansion at Bryantand Second streets as being of ample size, with the additiona! advantages of ample grounds and accessi- bility to both railroad and streetcars. The fee of fifty cents monthly collected from the employes is compulsory, though patients may be treated at home it they so prefer. For the present the hospital will be allowed $2500 per month for ex- penses and fitting up. The Donahue mansion affords ample accommodations for about fifty patients. . —_— Violating the Game Laws. Game and Fish Warden Mogan swore to & complaint yesterday charging es Branter, steward at the Baldwin Hotel, with selling queil out of season. Mogan on Wednesday went to the Baldwin griliroom aund ordered quail, which was supplied to him. Judge Campbell and his prosecuting attoruey, Spi- netti, were present at the time, and they will be called as witnesses. 5 Two Small Failures. John Engelland has failed for $1242, and C. Hughes has become insolvent for $627. an | assets LEGATES NOW COMING First Contingent of the Letter-Carriers’ Con- vention. The Local Committees Have All Preparations Made for Visitors. Aside From the Regular Business There Will Be Banquets and Receptions. The local executive committee of the National Association of Letter-carriers nas established headquarters on the first floor of the Baldwin Hotel, and in fact one entire floor has been reserved for the arriers. There all of the delegates will be registered as fast as they appear. The premises are in charge of Louis Boivine and an able corps of assistants. A side- board containing all of the good things that will cheer the travelers will be main- tained while the convention lasts, and every opportunity is to be preseated for those from the East to sample the prod- ucts of the Golden West. At the headquarters active preparations are being made to carry out the pro- gramme of business and pleasure for the coming week. The executive committee makes the particular request that all people along the line of march of the parade decorate their places of business. I'be parade will be held at 3 o’clock on next Monday upon the zrrival of the dele- gates from the East. The line of march will be along Market street from the ferry to California, to Kearny, to Market, to Golden Gate avenue, to Van Ness avenue, where the body will countermarch back to Odd Fellows’ Hall. The commiitee is particularly desirous that as many National colors be displayed as possible along the route. The letter-carriers are greatly pleased with the success that has attended their efforts in the line of collecting money for the entertainment of the guests. In the iast two days over $780 has been collected. The first lot of delegates to arrive came from Portland, Or., yesterday morning on the steamer State of California. There were sixteen in all under the charge of F. R. Bingley. Shortiy after the second con- tingent arrived from Los Angeles, ia charge of E. F. Richards, who was accom- panied by hi: wile and children. e re- mainder of the delegation will come in to- mor:ow or next day. They will be amply provided with one of the finest assort- ments of fruits and wines that was ever taken oat of the county. The main body, however, will not arrive until next Monday, when fully 500 are ex- pected to come in on ghe overland train. A commitiee of three will meet the travel- ers on their arrval in Sacramento anu escort them to this City. The commitiee coasists ot Frank E. Smith, chairman of tne committee of arrangements; U. A. Wisewell, chairman of the hotel commit- tee, and Conrad Trieber, the correspond- ing secretary. These w.ll leave to-night for the capital. These arrangements were made yesterday upon the receipt of the following telegram to Secretary Trieber from Chicago: Just left Chicago on special train. I stayea to the last. SAMUEL F. STEVENS. Mr. Stevens is the chairman of the Na- tional excutive committee, . Secretary Trieber states that the follow- ing dispatch from Chicago is misieading: CHICAGO, ILL., Sept. 1.—The Southern Pa- cific bas announced that it wiil not be a party 10 the reduced rates to Sun Franeisco for the meeting oI tue letter-carriers, and that it will insist upon.its full proportion of the rates west of tue Missouri River. The lines of the Western Passenger Association who have made low rates for the meeting are now in a rather unpleasant situation, as they will be compelled tostand the reduction, and they can hardly do this and carry the business at a profit. he executive committee called upon . (. Stubbs, one of the vice-presidents of the Southern Pacific Company,” said Mr. Trieber, ‘‘and we were informed that the company will not stand in the way of rates. He said ghat the company will ullow a one-way rate—that is, $6250 for the round trip. That is very fair and we are satistied. From the first Mr. Stubus was willing to make reduced rates with us, and we are satisfied that if there isany trouble it lies with the Eastern roads. The Southern Pacific is not a member of is willing to co-operate with 1t in the mat- the Western Passenger Association, but it I ter of giving rates.” 2 One of the principal entertainments for the visitors will be the banquet that is to be held in Odd Fellows’ Hall on the even- ing of the 9th. A large number of promi- nent people will sit at that board, and sev- eral interestinz addresses for that occasion are in process of incubation at the present time. Another entertainment preparation is a reception by the Califor- nis State Board of Trade. At the last meeting of this body a committee of two— J. A. Filcher, the manager, and B. N. Rowley, one of the aciive members—was appointed to make every arrangement and spare no pains in making the recep- tion a grand success. They are carrying out the instructions to the letter, and when the visiting letter-carriers go to the exposition rooms at 16 Post street they will be greeted as they never were before. Of course they will inspect the fine ex- hibits, but that is not ail. Every delicate product of the orchard and the vineyard will be brought forth for the benefit of the visitors. b There will be a meeting of the commit- tees this evening to receive the complete reporta relative to the work that has al- ready been accomplished and to make further plans for such work as will add to the success of the convention. This meeting will probably be held in one of the Federal courtrooms in ihe Appraisers’ building. At the Letter-Carriers’ Convention head- quarters in the Baldwin Hotel word was received yesterday that an advanced special train, with a delegation of fifty- nine men from New York City, is on the way and will arrive here Sunday fore- noon: The main Eastern delegation will arrive Sunday evening. Three delegates from Los Angeles reported at headquarters vesterday evening. OLYMPIC RACE MEET in course of |Programme of Events to Take Place at the Velodrome October 3. Bay City-Imperial Meet Is Off—An- nual Meeting of the Bay City Wheelmen. With commendable promptness the Oiympic Club Wheelmen have already announced the programme for their race meet to be held at the Velodrome track Sunday, October 3. The events will be a half-mile scratch and a mile handicap, professionai, one-third mile scratch and one mile handicap, amatear, and a mile novice race. . The committee which is directing this meet is composed ot Frank W. Fuller (chairman), George H. Siratton (secre- tary), Lewis C. Hunter, John Elliott, H. W. Tuckey and Chester S. Myrick. Tue race-meet committee proper included Captain Hermaun D. Hadenfeldt, J. H. Nash (president), Charies Albert Adams, W. L. Loos and C. §, Myrick. 1t appears now that all the talk about there being another breach between the Oiympics and Bay Citys, because of the proposed Bay City-Imperial meet on Sep- tember 19, bas been warteq, if there was anything 1n it st all, for the reason that this latter meet cannot be held. The proposition was to match Krait and Bozio for a twenty-miie race on this occasion. Buzio tried for the twenty-mile road record, now held by Kratt, last Sunday. and met with an accident not far from thd start. It seems his injuries are much more severe than at first reported, and not only will he be unable to ride the vroposed match, ‘but it is doubtful if he will be able to appear on the track again this year. So that as far as a meet in this City is concerned the Olympics now have the field all to themselves. There is some talk of postponing the Capital City Wheelmen’s race meet, scheduled for September 12 at Sacramento, until October 10, as the professioual racers now in the Northwest will not be back here until about that time. This will be definitely decided later this week. The Bay City Wheelmen held its annual members’ meeting Wednesday evening at the clubrooms, 441 Golden Gate avenue. | Tue reports of the various officers showed the club to be in a very substantial condi- tion. The foliowing committee was appointed to nominate a board for the ensuing year, and will make its report t0-morrow night: W liam H. Toepke, Thomas S. Hall, Ja ob M. P.ke, Joseph Nye, Dr. E. T. MMervy, Robert Reid and A. E. Kellom. Lieutenants Kellom and Pike, in the ab- sence of Captain Day, have called a run of the Bay Citys for next Sunday to Laundry Farm. Robert L. Long, the old-time racing man, returned yesterday from a prolonged vacation in the northern part of the State. Captain Lewis of the San Francisco Road Club will pilot the memoers next San Leandro. The club has elected a new board of directors, comprising Ed Sands, J. O’'Malley, E. Lewis, L. Silverman and J. M. Liebert. \The regular monthly meeting of the California Associated Cycling Clubs wiil be held at the rcoms of the Acme Club Wheelmen, Oakland, to-morrow evening. ————-— Robert Acton’s Will Contested. When Robert Acton died he left an estate of | $7320, which he bequeathed to his widow, Catherine Acton. A contest was filed in Judge Coffey’s court by Richard Actov, his brother, anc Mrs. Fannie McTigue, his sister, on the ground that the testator was of un- sound mind. Testimony was heard Wednesday, and further consideration of the case wus coi- tinued for the purpose of argument. ALLENDER GETS A REPRIEVE His Attorneys Follow the Precedent of the Dur- rant Case. They Go Before Judge Morrow and Appeal to the Su- preme Court. More Than Twenty Similar Cases Have Been Sent Up From Southern States. Harvey Allender, who was to be hanged to-day, has been, or will be, reprieved in the same mann¢r and by the same pro- cedure as that adopied :n the cases of Durrant, Worden and Hill. Yesterday Attorney Frank Bhay, with Thomas Ailender, futher of the Pprisoner, presented in the United States Circuit Court a petition fora writ of habeas cor- pus on grounds similar to those men- tioned in the Durrant petition, with an additional grouna in the matter of the vroof of insanity. It was alleged in the petition that the prisoner was restrained of his liberty and was about to be hanged without due pro- cess of law and in disregard of his rights as a citizen. The first point is that Allen- der was proceeded against by iniormation without a preliminary exammnation by an inferior or committing tribunal. Inother words, that the committing magistrate had no jurisdiction. It s alleged that the courts of California deny 10 persong within its jurisdiction the equal protection of the law providing for an inquiry and indictment by the Grand Jury of all per. sons charged with infamous crimes and particularly with capital offenses, It is contended that prosecution by in~ formation isin conflict with and in viola- tion of the fourteentn amendment of the constitution of the United States; that iv is within the arbitrary discretion of and power of the District Attorney to file or not to file an information against the accused, and that such discretion denies to persons in California accused of capital offenses the equal protection of the con- siitation providing for indictment by Grand Jury. Thus far the petition follows the lines laid down in the Durrant peution, bat a new point is made with relation to the vrocedure to be followed when insanity is pleaded as a defense, That portion of the Judge’s charge to the jury on the defense of ihe plea of in sauity is quoted and objected to: 1 therefore instruct you that the burden of proving that the deiendant was insane at the time of the alieged nomicide is upon him, and the presumption that he was saue and in his right mind, and able to discern right from wrong, must prevail until he suows by a pre- ponderance of evidence that such presumpe tion is false. The petition recites that the Supreme Court of the Siate of California upheld the instruction,*'notwithstanding the fact that the bumanity of all law requires that the prosecution in every case of public offense must prove the deiendant guilty beyond a reasonable doubt, and therefore upon the defense of insanity the defend- ant was deprived of the law of reasonable doubt.” Judge Morrow denied the application for the writ, and on a bond bBeing given for $500 signed the citation. The neces- sary papers were placed in the hands of Deputy United States Marshal Gailagher, who proceeded to the penitentiary at San Quentin Jast night and served them upon Warden Hale. The Warden said he would take the first boat in the morning and come to this City for consuitation with Attorney-General Fitzgerald. Tt is be- lieved that the result will be the same as in the other cases, and that the execution will be postponed toawait the action of the Supreme Court of the United States. Since the appeal in the Durrant case many other States are following the same course, and the prospects. are that there will be a ful calendar of convieted and sentenced murderers awaiting the de- cision of that august body, It is said that no less than twenty mur- der cases have been appealed to the United States Supreme Court from the Southern States alone, and there are lawyers who predict that something heavy wili drop when the court reaches the first on the list, which is that oi Durrant. The decision of the court will seitle the matier for all tme, and it is not at all likely that there will be any more appeals on similar grounds when the court hasspoken on the subject. Miners for Peru and Bolivia. The Cochambra Mining Company has besn: incorporated to operate in Peru and Bolivia, with stock subscribed as follows: George W, 000; George W. Platt, Charles H. M. McKenzie, 50,000 each; Alfred 5,000. Mr. siiver is a resident:of in the other shareholders live in' Sacramento. 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