The San Francisco Call. Newspaper, September 15, 1897, Page 12

) 2 1 THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 15, 1897. DEEDS, 1 have followed the evidence word | by word as it has come from the lips of the defense. I have read the ex-| hibits the case. 1 the testimony. 1 3o0ked §a wain for some vindication'by | the t of the terrible charge | that bas been made agairst her; the record does not disclose any. If it were a case of doubt in w Y should be only too glad to submit the | There is abso- in have read have studied it. I have | defen but | v mind | iscues again to a jury. lutely mo doubt whatever as to Ihej truth of the cause of the plaintiffe in | my mind as to the first two issues which have been submitted to the jury. I say this with respect to the counsel for the defendant. I do not question the fact that they have be- | lieved in the honesty and integrity of | the defendant’s cause ; nor have 1 any- thing to say against those jurors who | the defendant her | claims in this ease | It is absolutely without doubt in my w mind that the pencil will is a forgery; | that the so- letter | of December 16 is a forgery. Any one | who has given a patient attention to | the writings wf those instruments and have upheld in called republication compared them with the genuine writ- prejudice, it | se ms to me ought to reach such a con- ings, who is free from clusion. They having the connection | which they have with the deeds question, the deeds are stamped with in the same brand. So far as the second interrogatory is | concerned, it seems to me conclusive that the certificates attached to the deeds had prior to the 6ith day of January, 1896, and so far as form is concerned, so far as wording had prior to the latter part of 18¢ no existence is concerned, they no existence The evidence of the Cro ker bianks, | that | convinces | with all the careful considerat 1 have been able to give it, me that of the fact that those certifi- | cates were not printed until long alter | death, and, therefore, | that Senator Fair did not ackuowledge | the document of December 27, 1894. And with respect to the third interrogatory as alieged in the com- the Senator Fair's plaint in intervention, evidence does not establish that there w:s a con- spiracy. What the relations were be- tw the defeudant and the other per- sons the evidence does not show, ex- cept by remote inference and c njee- | g down on the on. Judge anceilor in a court | declared that the Craven eries pure and simple. | dren of the | to break the famous | 1 that the lawyers started nplish will be marked with n the clate. as a ¢ r Slack in bLis decision spared th: rod. While declaring that the so- called pencil deeds and their supple- mentary attendants known as the pencil wili and the republication letter are orgeries, and that the deeds were never owledged before Notary Cooney, he declines to say tbat there was uconq\-\rzry | Craven Documents So Declared by Judge Slack. JUDGE C. W. SLACK, Whose Decision Yes{erday Marked a Long Sep in the | Tangled Fair Litigation. WILL AND LETTERS ARE FORGERIES. ments in the jury-room which convinced me of it. I can take & piece of paper and t1 as well as that was done. ames F. Ford, with whom Judge Slack did mot agree—! was influenced to render the veruictas I did for the reason thut 1 did not believe that so many witnesses as appeared for Mrs. Craven would go upon the witne-s- stand and deliberately perjure themselves. Mr. Mattison would not express him- self. He had given a verdict for Mrs. Craven, but he did not care to give the reasons which impelled him to vote as he bad done. J. F. Martinoni, another of the eight jurors who gave a verdict for Mrs. Craven, said that ne was too disgusted to say any- thing about the case. Captain C. D. Douglass, one of the eight jurors who decided in favor of Mrs. Craven, said: -Nothing has ever hap- | pened 1n my life that has surprised me more than Judge Slack’sdecision. I have the codes in my home and have read them, and [ cannot see why any human being conld give suck a decision as was given by him.” FIGEL RESTS HIS CASE. | The Prosecution Begins With the In- | troduction of Its Testimony in Rebuttal. The attorneys for the defense in the zel examination rested their case yes- terday after introducing considerable evi- dence in rebuttal of the testimony of J. G. | Maloney, who claimed he passed the store of Hoffman on the evening of the shoot- ing and that he saw Figel and another man in a heated controversy. He also said he knew a merchant in Stockton named Hoffman. J. W. Willy, a deputy Assessor at Stock- ton since 1879, said there had been no merchant named Hoffman there. Jared B. Dean testified that Maloney had workea for him under the name of J. G. Burnett and that his reputation for truth was bad, and tkau aiter he was par- alyzed he had “lost his head.” The wit- ness told of several instances to support this statement, among them being one that for treatment for kidney trouble Ma- loney had & womun weighing 190 pounds walk up and down on his body. Charles Bliss, the tailor for Figel, said the defendant had an engagement with him to try on a suit on June 1. On cross- examination he was asked if he had not told a reporter he had no appointment with Figel. He replied he had not. Dr. W. F. Dudlev, Charles Eisnor and Dr. A. M. McLauehlin, all of the County Hospital, testified that Maloney had been in that institution irom May 13 to 24. Dr. Bunnell of the Receiving Hospital said Maloney had been treated by him for ps_udo paralysis. In the afternoon the prosecution began with its testimony in rebuttal. John Rathom, a reporter, testified thatthe ac- count he wrote of an interview with Figel was correct. The story told in this inter- view differed materially frcm the state- ment made to the Chief of Police and | Figel when on the stand denled having told Rathom the things written, Henry Jacobs denied the statement made by Figel that they metnear the middle of the block on the night of June 1, but said 1t was about twenty-five feet from the corner. In the block on the corner of Twelfth and Mis- sion. These she laid claim to under what is known as the pencil deeds, two instru- ments bearing date of the Sth dayv of Ssprember, 1894, and purporting to be acknowledged beforej James J. Gooney on September 27, 1894, Fair died December gnqnnxnmmwnxmnmmnmmrnxmw& s a mo himself t and unw inst a maj should put jeopardize t I cannot understand. i ag berty r, as the weight of the eviden ju confi us a fair trial. 1 consider that my the eyes of the citizens of San Franc would have not held up two wee o QKKWTU?X‘G’U“KIU‘D’HU TEEEETIT O to rob the dead man’s estate. Lawyers | affirm that this is a matter for the Grand Jury to determine. As it happens Charles L. Fair lodged a complaint of perjury gainst Cooney some time ago in the criminal courts, and that action 1s now awaiting hearing before Judge Carroil Cook. The stake Mr: aven vlayed for and lost on the first deal was worth $1,500,000. It consisted of two pieces of property in the heart of the city; one located at the er of Pine an ansome and covered with a five-story building bringing in a thly ren 5000 ; ial d the other a half- | NEW 7TO-DAY. in at midnight to rob and slay. gualm thesc same people face the deadly advances of a foe of crime did not s as consumption kills in a single year. sixth of the population of the world di this deadly pe its victims. There is but one protection against it. microbes of consumption may be safely defied by those who keep their blood rich in tissue building elements and free from impurities. The lungs, supplied with pure blood, furnish no foot- hold for the germs of consumption. Dr. Pierce’s Golden Medical Discovery is the greatest of all known blood-purifiers. It is the best tonic and igvigorator. Asa flesh- builder it has no equal. It has cured thou- sands of consumptives who have been pro- nounced incurable by physicians. the arteries with rich, red, tissue- ®lood, and driv ease germs. Thousands have testified to fts merits, Mrs. Ursula Dunham, of Sistersville, Tyler Co., w.Va s: I should have been dead had it @ot been for your m 1 was nearly dead when I began taking Dr. Pierce’s Golden Medical Piscovery. 1 had a pain in my side all the time, had but fittle appetite, and grew very thin. This was before I was ed — five years ago. My Paby is now ne ear old March, After she was born I had local weakness. T could not stand up long enough to wash the dishes. In September I began taking Dr. Pierce’s Favorite Prescription. I took three if,omes and it cured me. I can now doall my work. When my baby was two months old she fook a bad cold and had phthisic. She wheezed all the time till I ave ‘her about a third of a bottle of ‘Golden Medical Discovery.' She does not wheeze any more ex- cept when she has a bad cold.” ) Mrs. Margaret Koehler, when seen at the Palace Hotel yesterday, good name of so He did not decide the case upon a preponderance nce, for, had he done so, he certainly would have decided in our that he was prejudiced from the first. trial, which should have been ours by right, because we were that the Judge was thoroughly prejudiced and could not give | yesterday. BELIEVES IN HER MOTHER. arranted decision. That one man ority of a jury and by his decision ny people is something ce was on our sid>. My opinion is We fought so bitterly for a plain 3 g mother has been fully vindicated in isco. I am glad it is over, because ks longer if the worry had lasted.” : : : E E E E, 28 of the same year, bequeathing his mil- lions in trust to his children. There was produced early in the following year a will written in lead-pencil, which has since gone into history as the ‘*pencil will,”” which was a direct contradiction of the provisions of the trust document. Under this will the children of the dead millionaire were entitled to a division of the property outright without respect to trust or trastees, This was the beginning of the drama that culminated in Judge Slack’s court The children of the dead man seized upon it asa refuge from the arbi- trary provisions of the trust document | for a portion of the millions of the dead | man. | The nature of these claims_ was long | denied the Fair heirs. In to M Craven. | placed on file by Attorney George W. Wil- Jiams and Stephen Roberts, her business ‘fld\'l:effi. and then began the battle that | was decided in yudge Stack’s court yester- day. Charles L. Fair pronounced the documents forgeries, and went a step fur- | ther than his sisters by a declaration that | the pencil will was also a bogus document. The courts were invoked to settle the row. Half the legal talent of the town was em- ployed by the opposing forces. A contest was instituted in behali of the pencil will, but at the last moment it was withdrawn and the battle royal reserved for the es- 1ablishment of Mrs. Craven’s claims under | the vencil deeds. Thus 1t happened that Judge Slack was cailed upon five montns ago 1o determiue issues that involved property worth $1,500,000. The Fair heirs charged that the documents were forgeries. ‘Then from the mysteries Mrs. Craven produced a marriage contract declaring that she had been weddea to the dead man on May 23, 1892. Possibly now that she has been de- teated at the hands of Judge Slack she may a-k a widow’s portion of the millions of the dead man. The proceedings in Judge Slack’s court vesterday were tae sequel 10 what had taken place the day before, when the jury, while failing to disagree, zave Mrs. Craven | 4 on all ballots. All the attorneys in the big case foregathered early in the court- | room in anticipation of the final struggle. ginning of tue case. were confident of victory, for the at- torneys opened the fun at once with a re- uest that the Judge give a decision 28 a chancellor. Attorney R. B, Mitchell made the iormal request. The Craven forces, re- lying on the encouragement of the jury and her deeds the benefit of a vote of 8 10 | The crowd was the largest since the be—[ 1t was evident that the Fair interests| midsummer, | forgeries was | 1895, there were recorded in the Hall of | woman or man would keep in her or his | Records two deeds purporting to convey | possession deeds amounting to cver a mil- | two very valuable pieces of the Fair estats | lion dollars and which represented prop- | The documents were ieny that was brinzing in a revenue o Without a | 1t lurks in every | home and in every public place, waiting for | she was born last | a | | a a g 3 MRS. CRAVEN IS ILL. Mrs. Craven, the principal defendant in the case, was seen at the Palace yesterday. The effects of the long battle were plainly visible on her face. Judge Slack’s decision had prostrated her and compelled her to seek her bed for much needed rest. When asked for her views on the decision, she said: ““The decision does not come as a surprise. From the very start of the case I felt that he would decide as h= did. 1 cannot understand how, when eight men out of twelve proclaim for me, he should decide against me. | have instructed my attorneys to fight this case to the end, but just what steps they intend to take I have not been advised. Although | am not a strong woman, vet | hope to have the strength to fight this case to a finish and stand on my record and good name.” D. M. De'mas, Mrs. Craven’s chief counsel, refused to discuss Judge Slack’s decision. He said he did not think it proper for an attor- ney to say anything about a suitin which he was interested, and as he had always adhered to that rule, would not do so now. W. W. Foote said: “Judge Slack’s decision has not only aston- ished but it has almost paralyzed me. Without refl=cting upon any- body, and probably feeling a little sore at this time, my own idea is that the only wav to beat $15,000,020 in California is to have $16,000,000 to contend with.”” LR LA LR R R R R LR R LR R R R R AR R R AR L Stephen Roberts said: “To my mind the verdict of eight men, which amounts to two to one, is stronger than any decision thatany one Judge could make, and I therefore feei that their judgment was a suffi- cient vindication. Mrs. Craven’s friends have the utmost confidence in her case and will fight it to the end.” 1200200202988 22202922202222222022022222R88222989299928 o tnmn.nmmuunmxu wmnmum&uuufi lwh:ch lticd their milliTn: up lin the con- | ballot, were for & new trial at any cost. trol of three men. This will was first | Attorney Delmas narrated at length the | brougit to light by Mrs. Nettie R. Cra- | virtues of the jury sysiem in brilliant | ven, then principal of the Mission Gram- | metaphor and hyperbole. He contended | mar Echool. It was received at first with ’ that it was not a cause for the Judge but enthusiasm by the neirs and representa- | for a jury. W. W. Foote and Judge Den- [ tives of the dead millionaire, but when | son bleaded the same cause, while Ai- u.:e :o:n:m wh‘o prodnct? it declared that | Earney» Ckmrle-]-z = Wlheeler, G:irrati Mz | she had deeds to some of the most valu- Enerney and R. B. Mitchellcalled for a able pieces of city properiy Senator Falr | decision with success. The Craven people | owned the barometer had a tendency to | manaced to get a stay of proceedings for fall. The pencil will went into history. ‘ thirty davs. It was_supported for many months by S. Rosenbaum, the foreman Mrs. Herman Oelrichs and ber sister, | of the jury, and one of those Miss Virginia Fair, and might possibly | who gave a verdict for the Fair have been probated but for the rumor | imterest—I do not see how Judge Slack that Mrs. Craven had behind it aclaim | couid decide any otuer way. The ev.- course of an argument on an objection Mr. Ach remarked to General Barues in reply to a statement he had made “We only have the word of the defendant for that.” Figel resented this and retorted: “My word is as good ss yours.”’ Detective Crockett was called to identify f|a bunch of keys belonging to Figel. He dence was, to my mind, all in favor of the Fair estate. One reason for believing that the deeis as well as the will were the fact that no sensible Dr. Marc Levingston said: *‘No fight becomes interesting until three or four knock-downs have been accomplished. This case will be fought to the bitter end, and I am of the opinion that at the end there will be a different phase on the case. Of course we cannot tell, but from all conditions there will or should be a reversal of the decision. ““I most certainly believe that the will and pencil deeds are genuine, or else | should not have taken the trouble to petition for their probate. I am satisfied in my own mind that Mrs. Craven is a thoroughly honest woman. She has not reached the point of degradation of the forger, We will await further developments with interest.” $5000 a month. I believe if she hao these | said he had received them from Gellet and deeds she would have put them on record | had put no keys on the ring. Figel claimed long ago. that one of the keys had been put on Louis Markus, one of those | aiter they left'his possession. whose verdict favored the| Shesa P re Craven side—l1 don’t wish to discuss | the maiter. AllIcare tosay is that i be- lieved that tne will and the deeds were all right. [examined the writing closely and paid no attention to ths testimony of experts, for 1 ¢ neider that valueless. Barron VMish, whose opinion ! was coincided in by Judge Slack—Judge Siack decided that case accorulng to the testimony. The jurors Not Properly Cared For. The Society for the Prevention of Cruelty to Children has taken notice of the condition of little Frank Tolly, who wes fonnd living with his grandmother, Mrs. C. Moffit, in a small room in the rear of 116 Eddy street. Those who know the people there say that the littie fellow does not have proper care and food The parents are not living together, and no one seems to know where the father js. Mrs. Moftit gave but little satisfaction when the who agreed with him also decided it on | oaicir B0V ne wociety called upon ner and the testimony. I am satistied that the | made inquiry as to how she provided for her will is a forgery, for I made some exveri- | li.ile grandson. EW TO-DAY. ! DOCTORS HAD GIVEN HER UP. A Oonvincing Letter From One of Mrs. Pinkham’'s Admirers. No woman can look fresh and fair who is suffering from displacement of the womb. It is ridiculous to suppose that such a difficulty can be cured by an artifical support like a pessary. Artificial supports make matters worse, for they take away all the chance of the ligaments recovering their vigor and tone. Use strengthens; the liga- ments have a work to do. If they grow flabby aud refuse to hold the womb in ) Dlace, there is but one remedy, and that is tostrengthen their fibres and draw the cords back into their normal condition, thus righting the position of the womb. Lydia E. Pinkham’s Vegetable Compound is designed especially for this purpose, and, taken in connection with her Sanative Wash, applied locally, will tone up the uterine system, strengthening the cords or liga- ments which hold up the womb. Any woman who suspects that she has this trouble —and she will know it by a dragging weight in the lower abdomen, irritability of the bladder and rectum, great fatigue in walking, and leucorrheea —should promptly commence the use of Lydia E. Pinkham’s Vegetable Compound. If the case is stubborn, write to - Mrs. Pinkham, Lynn., Mass.. stating freely all symp- toms. You will receive a prompt letter of advice free of charge. All letters are read and answered by wo- men only. The following letter relates to an un- usually severe case of displacement of the womb, which was cured by the Pinkham remedies. Surely it is convincing : . ~ “Lydia E. Pinkham’s Vegetable Compound and Blood Purifier cured me when the doc- tors had given me up. I had spent hun- dreds of dollars searching for a cure, but found lit- tle or norelief until I began the Pinkham remedies. 3 I had falling and displacement of the womb so badly that for two years I could not walk across the floor. I alsu had pro- fuse menstruation, kidney, liver, and stomach trouble. The doctors said my case was hopeless. I had taken only four bottles of the Vegetable Compound and one of the Blood Purifier when I felt like a new person. I am now cured, much to the surprise of my friends, for they all gave me up to die. Now many of my lady friends are using Lydia E. Pinkham’s Vegetable Compound through my recommendation, and are regaining health. It has also cured my little son of kidney trouble. Iwould advise every suffering woman in the land to write to Mrs. Pinkham for aid.”—Mgs. ExMA PANGDORN, Alanson, Mich. NEW T0-DAY—DRY GOODS. New Silks FALL - - = 1807. We announce the arrival of an elegant variety of NOVELTY SILKS for Fall Wear, and call special atten- tion to the following. FANCY BROCADED DUCHESSE, feather design (extra heavy). e e $|.50 Yard NEW ROMAN PLAID TAFFETA—Small Patterns for Shirt Waists...... $|.35 Yard CHANGEABLE CHECKED TAFFETA— Fancy grounds...... $l.25 Yard ROMAN STRIPED TAFFETA—Extra heavy qualily: e T Sl A $l.15Yard ROMAN STRIPED TAFFETA—New color- ings . i $l.00 Yard FANCY STRIPED TAFFETA—Changeable effects ..... : - $1.00 vara EXTRA SPECIAL! 150 pieces Extra Quality 19-INCH CHANGE- ABLE TAFFETA, 100 different combina- tions, all new colorings— *Z S5 PER VARD. SAMPLES SENT FREE TO ANY ADDRESS. 111, 113, 115, 117, 119, 121 POST SThnr-l". MISSIONITES WELL PLEASED Joy Over the Stand of the Members of the Board of Supervisors, STATEMENT —OF THE— CONDITION AND AFFAIRS —OF THE— STAXDARD MARINE Insurance Company, Limited. F LIVERPOOL, ENGLAND, ON THE 315T v of December, A. D. 1896, and for the year endine on that day, as_made 10 the In- surance Commissioner of the State of Calliornia, pursuant to the provisions of sections 810 and 611 of the Political ¢ ode, condensed as per blank iur- nished by the Commissioner. CAPITAL, Amount of Capital stock, paid up 1o Cash.. . All Feel That a Notable Vic-| tory Has Been Won From the Land Schemers, $500,000 00 ASSETS. Cash Market Value of all Stocks and Bouds owned by the Com- i SRR R #1,281,578 00 Amonnt of Loans secured by pledge of Bonds, Stocks and other marketable securities as collateral.. Casp 1a Banks Premfums in d "“The Call” Receives Hearty Commen- dations for Its Battle for 8,000 00 168,662 U0 2 . 21680000 ; g o atured, Right and Justice. taken for Fireand Marine Risks. 12,423 00 Stamps on hand... A 855 00 Total Assts... 1,687.858 00 The expression of the members of the Board of Supervisors on the park and LIABILITIES. zoological garden question was received ; Lpates In process of Adjusimeniof o)) 0 g with pleasure among the residents of the | Gross Premiums on Marine a M ssion district. It was fell to beanota-| I'land Navication Risks bl viator mgainst " the. schmers wie | qlasarazes 100 per cont 154770 00 were trying to sell worthless land to the | city at an exorbitant price. All spoke in praise of the members who were standing between the people and the jobbers. Angelo Beretta, 1631 Clay | street: “For thiriy years | have re- sided in this city, during which time I | have never seen taxes as high and prop- | erty so low as now. The city has no| money to buy land for parks or wild ani- mals for menageries. T believe the Super- visors will keep their pledges for a reduc- tion of the tax levy, and will defeat the attempts to rob the city forthe benefit of a few real estate dealers.” Max Goldberg, president of the Collateral Bank, 1238 Mca. | Allister street: "I have large lenued | interests in the Mission, but Iam glad to | see in THE CALL this morning t at a large | majority of the Board of Supervisors have come cut boldly against the attempted rad on the city treasury. The scheme was a false prelense from the start, and the taxpayers owe a debt of gratitude to THE CALL :or its fearless fight against the | attempted fraud.” Henry Eickhoff, a: rney, 530 | California siree Tue taxes in this city are higher than they ougnt to | be. Thestand taken by the majority of | tne Board of Supervisors, as stated in Tug Cavr this morning, 18 in accordance with | public sentiment. No more parks or zoos | until we bave beiter streets.” A. P. Van Duzer, attorney, 530 California street: ““Tug CaLL | has won its batile, strange as it may seem. No other newspaper but it has bad a word to sav against one of the Lig- | cest frauds ever attempted in this city. We are proud of tie opinions expressed in THE CALL this morning by the ten members of the board who have outlined | their course on the question of public ex- penditures. The promoters of the zoo boodle have proclaimed thata majority of the board favored their scheme, but it is not and never was true. The taxpayers all over the city applaud the ten mem- bers who have boldly announced them- selves against this grab ou the treasury, They mean what they say and will stand by it.’ Lawyer Foltz Sues Golonel Trumbo. Clara Foltz has been granted five days’ ad- ditional time to furnish a till of particulars in her suit against Isaac Trumbo for $8000 on count of services as attorney and counselor atiaw. ! Risks axp PrEMiOMS | Time Risks, reinsurance S s S All other demands against the Company........ Total Liabilitles. . INCOME. Net Cash ac'ually received for Marive Premiums $557,193 00 Recolved for interest wnd divi dends on Bouds, Siocks, Loans, and from all other source: 36,288 00 Total fncome. . EXPENDITURES. e PR i L P;.n':mrhrcns-'rl;cr;u' for ot e 2 Piid tor State, Nationsi and local Py taxes.. . - 1,712 00 A:‘u:::!. 10,147 00 486,107 00 Total Expenditures.. Losses incurred during the year. Marine Risks. | Premiums N 57 | amount of risks written during - he year| $77,413,260 $537.193 Net umount of risks ex- b | X pired during the vesr 75.031‘5“\‘ 518,478 Net amount in force e & cember 31. 189 | ssesasol 134770 J. WILLIAMSON, President. JOHN GIVK, (ary. . Subseribed and sworn to before me this 24 day of February, 1827. M. 4. SULIS, Unlted States Vice-Consul at Liverpool. J.D. SPRECKELS & BROS. (0., 6n'l. Agts., J. B. F. DAVIS & SON, M'grs., t, San Francisco. DR. WONG WOO, RINESE PHYSICIAN AND surgeon, graduate of the most famous medical <oliege In Chinm bas practiced his profession in San “Francisco for over twenty <ed success. Thou- 1 medicines used. No minerals, He, cures, not atiempis to cure, Rheu- matism. Puralysis, Piles, Dyspep- sla, Consumption. Astuma, Bright's and all Kid- ney Digeases, Biinaness, Heart Disease, Diseases of the Throat, Cancer, Tumors and Blood and Skin Diseases. Male and fem.le maladies suc- cessively treated and cured. Cousultavion free. Offce, 77 Clay st wherehe may be consulted % any time during the day or evening, Hours=9i30 10114 x,1:30108 709 R AL