The San Francisco Call. Newspaper, October 29, 1897, Page 3

-PECULIAR « METHODS OF LORRIGAN Complicated Aftermathi of His Management | of Hawthorne. PARTNERS WANT AN ACCOUNTING. Said to Have Appropriated Association Funds to His Own Use. BULLDOZING TACTICS TO| KEEP CONTROL. | ljnhn Brenock Tells of Grlevances | That Will Be Aired In an Interesting Lawsuit. Special Dispatch to THE CALL. CHICAGO, Oct. 28.—John Brenock, the well-known horseman, who is highly re- | spected from one side of the continent to theother, and Ed Corrigan, who is equally | as prominent in rucing circles but by no means as favorably known, are being much discussed by local horsemen just at present. Both Brenock and Corrizan, the | latter so long known as the master of | Hawthorne, were formerly closely asso- ciated in the conduct of the Chaicago Rac- Association, under which titie the old Hawthorne track was operated. The partners have been at azggers’ points for some time, their s ed relations grow- out of what Brenock and others inter- ted consider gross mismanagement of rs of the association. These have n in a tangle for four years, during ich time the stockholders, among om are John and James Burke, have unable to get an accounting. Cor- 1, who, according to the testimony of v persons prominently identified | n turf matters in Chicago, has con- | ducted things to suit himself, stopping at | ing to attain his own ends, and bas | secreted the books of the association, and the stockholders have had no means of | ascertaining the condition of affairs. It is declared that Corrigan bas done more to injure sport than to promote it by s peculiar methods. Brenock and the >urkes, whose business standing in the | windy city 1s the very best, were induced | to associate themselves with Corrigan in the Hawthorne racetrack venture by some means not undersiood by the gen- eral public. They say that notwithstand- 7 the large amounts of money they put into it they have never bad a return of a | single doilar. The venture proved to be | very successful and for several seasons | over half a million dollars was cieared, | but the stockholders sssert that Corrigan used the money in various ways, and | none of it was ever turned over to them. | Recently they brought an action for the appointment of a receiver for the Chicags Racing Association, and Corrigan insti- | tuted a counter-suit for the sum of $73,000 against Brenock and the Burkes for | money alleged to have been advanced. | Neither suit has yet come to trial. Bren- | ock ridicules Corrigan’s claim, and says | he is determined to make him show what disposition be bas made of the money of the ascociation. Brenock declares that Corrigan is indebled to nearly every per- son he has had any dealings with, and | that as a consequence he could never have | been in a position which would have en- | abled him to make any such advance. | The last time the affairs of the Chicago Racing Association wers discussed at a meeting in the Great Northern Hotel on Seplember 22 of !ast year, revolvers of giant caliber pleyed an imporiant part at that gathering of horsemen, and Corri- gan, who was first to bring bis weapon into view, was promptly ‘“‘called down” by his old partner, Brenock. When the meet- ing was called to order by Uorrigan, Brenock suggested that the minutes of the previc meeting be read, so that all might be conducted in a business-like | manner. Tothat Corrigan demurred, and as the last meeting of the association had taken place nearly four years before, it probably would have been a hard matter to secure the minutes. Corrigan said the minutes were unnecessary, as Brenock would read a statement of affairs of the track, which would be all that was neces- sary. John Burkesaia he wonld not listea to Brenock’'s statement, as he did not think it was correct. At that Corrigan |ing would be conducted as he wished, or | fair differ. | Cnicago Racing Association held by O. JOHN BRENOCK, the Wel-Known Turfman, Who Makes Serious Charges Concerning Ed Corrigan’s Methods at Hawthorne Track. THE SAN FRANCISCO CALL, FRIDAY, OCTOBER 29, 1897. sprang to his feet and declared the meet- | not all, at the same time drawing a revol- ver of mammoth proportions. That did not flurry the others, but a stormy time followed. From that on stories of the af- It i- s:id that Brenock in turn drew a revolver and muade tne old ‘“‘mas- ter” weaken to such an extent that he dropped his weapon on the floor and of- | fered to talk business. Atany rate Brenock and tbe Burkes left the room soon after | under great excitement and did not re- | | turn. Daring their absence Corrigan him- | self, it is said, elected a new board of | directors. Corrigan started for San Francisco sotae | days ago, to be present at the opening of the winter season at Ingleside. Before leaving he had time to say: “I am tired | with the way racing matters have worked, | and the business of keeping matters | straight and the debts paid of the Chicago Racing Association have made me weary, as instead of aid—financial or otherwise— | from my partuers, John Brencck and | James C. Burke, I have only at their | hands been harassed. Here for two weeks I bave been in Chicago trying to et things fixed up, when I onght to have been elsewhere attending to personal busi- | ness. The start of our disagreementcame | in the fall of 1894. Then Brenock and Burke came to me and asked if the Chi- cago Racing Association could loan them $50,000. Acquiescing, I ned a check for the amount, and with the money Brenock took up the note given by the trio for some cattie deal and relessed cer- | t ficates of stock owned by them of the W. Allercon as collaieral, Le being the in- | dorser of their notes. Abont eighteen months ago I urged a settiement of the $29,000 still due on our books over this transaction, and here our ialling out came. The story isa long one, and pos- sibly not interesting, The pubiic knows what drift affairs bhave 1aken. Johm | Burke ana Jobn Brenock allied them. selves with the Hariem veople, and some months ago brouzht an action for the ap- pcintment of a receiver for the Chicago | Racing Association. Later the stock- | holders brought suit for $73,000 agaiust Brenock and the Burkes. Neither of these suits have come to trial. “The association to-day owes no money, simply because this year { have paid the interest on the $100,000 Trude mortzage, taxes and ruuning expenses, not only my share, but that of the others. Here (show- ing a paper) is a statement of $4100 =0 paid out by me. The note paid by our $30,000 was signed by John Burke, James C. | Burke and John Brenock. The iatter’s | name way on the bottom, bhut it is not there now. Lately 1 made known my willingness to have the property sold 10 the highest bidder, but my partners | would not hear to tkis. Mr. Brenock in a communication said that he had no money to pay his share of our indebted- ness. Btill, I have heard that he could | get the money to buy me out. I could not ihink of ever again conducting racing,and having all the work to do, still split the profits with partners that acted as mine have. Now the entire responsibility is off my bands.” John Brenock was seen to-day by a CaLL correspondent, to whom he said: “Tae last trial balance of the books of the asso- | ciation was made on August 31, 1895, In- cluded in the balance as shown in Mr, Corrigan’s account is a credit made on the books about August 2, 1894, of over $72,000, which he claims to have expended in the interest of the Chicago Racing Associa- tion, but for which he does not and cannot show vouchers or receipts for, and which his partners question his ever having paid at all, as his account has always been overdrawn from the inception of the asso- ED CORRIGAN, Ex-President of the Ch'cago Racing Association, |men as he chose and allowing them to benefit would result in Richard Fitzgerald, ciation. Tuis amount, $72,000, I claim he has unlawfully used for his personal bene- fit and is a violation of the trust imposed as treasurer of the association and for which he has positively refused to ren- der an accounting. Since the opening of Hawthorne Corrigan has managed and run its affairs in a high-handed manper and always insisted upon things being done his way of thinking, employing such mismanage different departments. The books for the first three years are in such a condition that it is almost impossible to make head or taul out of them, his *“secre- tary” not beingan accountant, and as an officer of the association doing the bid- ding of its president in many things that have assisted Corrigan financially, such as conditions of races, handicaps, etc. “The advantage he has taken of other horsemen racing at Hawthorne in selling races is well known, where he has entared and raced hor-es whose value ranged from $3000 to $8000 for $300 and $400. T Then when his actions were guestioned by his partners, to farther his ends in future he employed a manager, whose reckless ex- penditure for improvements cost the asso- | ciation some $50,000, notably, the sum of | over $9000 whicn was expended for a| ‘garbage’ covering on the inside track, ! which was called ‘India rubber' from Indiana. “To secure the controlling vote of the stock ued, under the promise that great snuperintendent of the Union Transit Com- pany, becoming a stockholder, I was induced to part with twelve shares of my | holdings, for which Mr. Fitzgerald has never settied, as weil as not having ren- dered an accounting of his management of the jeed-store at the track, wuich he was opera on shares with the associa- tion. This stock was thirteen shares, and the Burkes gave Corrigan, through Fitz. gerald, a controlling vote of the stock which he has used asa ‘club’ in connec- tion with & very large-sized revolver to conduct the meetings of stockholders. So far as the lease to Messrs, Rose & Co., I know nothing, but think they have loaned Corrigan money on a ‘gold vrick,” and if there is any way by law to prevent the operation of the track by these parties, it will certainly be taken, and their case will ve sitended to at the proper time. Corrigan’s reference to my connection with a $50,000 cattle deal between Messrs, Burke and Allerton is the hallucination of a diseased mind. The facts are that it was a loan made through me from Mr. Walker for the purpose of taking up the land-purcbase note for the Hawthorne properly, whicl: the association did not bave money to meet. At that time Mr. Corrigan and also James C. Burke offered to mortgage their horses, land and other property they had rather than let the note be defanited. The only connection Mr. Allerton had with the deal was that he in- dorsed the note given Mr. Walker, ana it had no connection in any way with a cattie deal. The original note was in pay- ment of a part of James C. Burke's in- debtedness, and when the same was paid by the association it was charged to his account, which shows that he is indebted 10 the association in the sum of $27,000. Mr. Corrigan claims that his hands are | clean of all responsibility. I am sorry his conscience is so flexible, but we wiil see later on as to that part of it.” The announcement was made in these dispatches on Monday night that Haw- thorne track had been leased to George Rose & Co. fora term of three years with the privilege of five. Barney Schrieber is said to be interested in the deal. The lease is subject to discussion among horsemen. Manager John Condon of Harlem track said the deal was an entire surprise to him. He was bardly pr pared to say. so long in advance, whether he would make some arrangements with the Hawthorne track for next year re- garding a compromise of racing dates. “I will say this much,” said the Harlem manager, “Ishould very much prefer en- tering into an agreement with George Rose than one with Corrigan. I will say I1do not believe that track wars are ever profitable.” It was_currently reported to-day that Captain J. H. Rees, who was at Ingleside last year, was to be presiding judge and Joseph A. Murphy secretary of Haw- thorne track under the new management next year. Both of ‘these men are friendly to Corrigan, Murphy having just been appointed 10 the presiding judgeship at the Ingleside track, and the story that they were to be in control at Hawthorne led to comment that Corrigan’s hand was sull to be back of the control of Haw- thorne track despite the lease of the track to otners. EXCITEMEAT I¥ LIMERICK. Police Fatrol the 1own, Fearing That Daly's Departure Will Cause a Disturbance. DUBLIN, Oct. 28. —According to a dis- patch from Limerick there was great ex- citement throuzhout that city this even- ing in anticipation of John Duily’'s depart- ure for tie United States. The polics pa- trolled the entire town in special force, as it was feared there would be a disturbance, and a strong detail guarded the residence of the Mayor. Mr. Daly addressed a large and entnu- siastic meeting of his admirers, and in the course of an impassioned speech de- nounced the Mayor of L merick as the myrmidon of Dublin Casile for having struck his (Daly’s) name off the list of burgesses for current vear on the ground that he had not occupied a resi- Charged With Gross Mismanagement at Hawthorne Tracke dence at Limerick for twelve months prior to August 31 last, thus rendering him in- eligible for election to the mayoralty. 10 ST0P PELAGIG SEALING ments of the W. C. T. U. opened for busi- ness to-day. Miss Willard presiaed at the meeting of the execunve body. women from different States and the gen- eral officers were present. General rules for the covernment of the different branches of the W. C. T. U. were adopted. The economic conference was called to order by Mrs. S. L. Ovperholtzer, national superintendent of school savings banks. Puapers were read bv Miss Lucy Page Gasion, national superintendent of Christian citizenship; M'ss Anna Dow- ney, associate superin: ent of Christain | citizenship, and Miss Mary B. Mitzger. This afternoon these papers were read: “Temperance and Labor,” Mrs. Mary G. Stuckenberg; “Securing Homes for Friend- less Children,” Mrs. Harriet A. Leavitt; “The Relation of School Savings Bank to the W. C. T.:U.,” by Mrs. J. T. Foote, chiool Savings Economically Con- d Conferees Said to Have Zidered.” by Miss B izaborh U ¥ atos. Entered Into an Agreement. GREAT SECRECY NOW MAINTAINED. Delegates From Russia and Japan Have Cabled to Their Governments, GREAT BRITAIN’S CLAIMS NOT MENACED. All Interested Nations Are Ex- pected to Unite In the Pian to Preserve the Herds, Speclal Dispatch to THE CALL. WASHINGTON, Oct. 28.—In reliable quarters it is said that the conference be- tween Russia, Jaran and the United States, now proceeding here, in reference to sealing in the Bering Sea =na the North Pacific, has advanced to an impor- tant stage, and that a proposition has been reduced to writing which, if ac- cepted, will bring about a complete change in the sealing question. The proposition is said to be acceptable o the United States. Itis understood to be acceptable simi- larly to the Russian delegates now here, but in view of the restrictions placed upon them by their credentials it has been thought desirable to cable to St. Peters- burg for final instrucuons. The Japanese delegates are understood to have felt at first that the proposition would not be in their interes:, but, in fuller confidence, Mr. Fujita determined to cable the substance of the proposition 10 bis Government, accompanying it with a recommendatiop for its acceptance. Little doubt is entertained tha: Russia will accept the proposition, and, in view of Mr. Fujita's recommendation, it is be- lieved that Japan also will join in it. * The greatest secrecy is preserved in all official circies as to the nature of the proposition, and it is not officially ad- mitted that any proposition has been made. From reliable sources it 1s under- stood that the proposition has a iar- reaching scope and provides for the material limitation or entire suspension of pelagic sealing or sealing on the high seas. Such a decisive step, if agreed to by Russia, Japan and the Unitea States, wounld, it is understood, not involve any concerted move to menace the claims of Great Britain ana Canada to the rignt of pelagic sealing on the high seas, but wouid rather be a proposition expressive of ihe conclusions of the three most in- terested powers, that in the interests of humanity and the preservation of the seal berds of their respective Governments all nations, including Great Britain and her colony, Canada, should unite with Rus- | sia, the United States and Japan in such effective prevention of pelagic sealing on the high seas as will put an end to 1t and | thereby secure the preservation of the seals. The deliberations of the conferees lead- ing vp to the proposition would be pro- ductive of numerous interesting and im- vortant features. All of the members of the conference were placed under a pledge of secrecy, and they have main- tained this with the greatest care. It be- came evident at the outset that the United Statesand Russia were prepared to go further than Japan. Atall times there was the most cordial sentiment among the conferees and a general desire to reacn a common ground of understand« ing. In the case of Russia it developea that to some extent her action was conditioned by a modus vivendi made between Great Britain aud Russia about the time the Paris court of arbitration was sitting, and covering the course of those two coun- tries concerning the fur seals on Russian islands and surrounding waters. But lit- tle had been known of this modus vivendi until the confererce me: Under it a zone of neutral water was established thirty miles wide surrounding the Rus- sian isiands, within which Great Britain agreed tosuspend pelagic sealing. Whiile this was of materiai advantage to Russia, yet it was felt that any proposition for the entire suspension of peiagic sealing, even beyoud thirty miles, would have to be reconciled with the modus vivendi, It was felt that this could be done, as the modus vivendi was not a continuing agreement, but was from year to year de- pending for 1ts exi-tence on the annual readoption by the British Parliament, Toe last act of Parhiament carried the modus vivendi up to Dscember 31 nex. It was clearly the desire of the Russian delegates to secure the largest possible protection for her fur seals, and this es- 1ablished throughout the deliberations a close co-operation between the United States and Rssia. As to Japan it was not so clear that her interests were for further restrictions on pelagic sealing. On the contrary, one of the Japanese dele- gates made it clear that Japan had more interest in catehing seals than in pre-erv- ing them. An adjournment was accordingly taken until next Monday, by which time it is not doubted the Governments at St. Pe- tersburg and Tokio will have taken final action on this propusition. It was felt that when the three powers owning the seals made such an agreement as to protecting their property Great Britain would be likely to co-operate in this purpose if she could induce Canada, where the sealing fleets are equipped, to aceept it DELEGATES WiTH WHITE RIBBONS. Gathering of Noted Christian Temper- ance Women at the Buffalo Convention. BUFFALO, N. Y., Oct. 28.—The white ribbon, the badge of the Women’s Chris. tian Tem perance Union, is fluttering from the gowns of hundreds of women in this city to-day. Thedelegatesto the great tem- perance convention are coming to Buffalo on every train, and when the convention is called to order to-morrow morning fully 5000 will be present. Miss Frances E. Willard and other officials arrived from Toronto last night. Tne various depart- Mrs. Mary H. Hunt, superintendent of scientific tem perance instruction, previded at the meeting of the national board of superintendents. Addresses were made by Mrs. Hunt and Mrs. Margaret Ellis, pverintendent of legislation. It was stated that sixteen amillion children in the public schools throuzhout the United States are, through the efforts of the W. C. T. U., being taught not to use alcohol. Dr. Mary Wood-Allen presided at a meeting of delegates to the National Pu- rity Congress. Mrs. C. F. Cole, vice-presi- dentof the Iowa purity alliance, read a carefully prepared essay on the work of the society. Maurice Gregory of London, Eng., spoke on the purity work in England. A gen- era! discussion followed his remarks. AN ANGRY TOMULT IN THE REICHSRATH Leaders of the German Parties Oppose Cabinet Im- peachment. Two Statesmen Talk at the Same Tima and Increase the Con- fusion. Special Dispatch to THE CALL. VIENNA, Oct. 28.—1he Reichsrath has had another stormy night session. The leaders of the German varties protested against the policy adopted on the sugges- tion of Dr. Kramerez, the acting Presi- deni, of discussing motions for the im- peachment of the Minisiry at the morn- ing sessions and of devoting the evenings to the bill for the extension of the com- promise with Hungary tor a year. They protested againstit as a violation of the standing orders of the House and of the Austrian constitution and amid loud ap- plause from the Left and the Socialists they declared that they would continue to resist with all their might the decree au- thorizing the official use of the Czech lan- guage in Bohemia. The Vice-President declined to allow a motion for the impeachment of the Cabi- net with reference to the renewal of the sugar bounty law and called upon the Touse to proceed to discuss the compro- mise bill. This provoked an angrv tumult, ren- dering debate impossible. The Vice- President suspended the sitting for ten minutes. When it was tesumed Herr Lucker tried to address the Chamber, but Herr Wo!ff, the German Liberal, clamored for a vote on the motion io close the sitting, and, being ignored by the Vice- President, began to thump his desk violently 'with a ruler. This chaotic state of things continued for hali an hour, when Herr Wolff declared that, as the Vice-Presidsnt refused to hear him, he would proceed withiout permission. The resuit was that Herr Lucker and Herr Wolff were speaking simullaneously, the former almost inaudibly and the latter at the top of hislungs. Finaliy Herr Lucker moved that the sitting should be closed on condition that if the House rejected the motion he should be allowed to con- tinue bis speech. The vote wastaken and the motion to close the session rejected. Horr Lucker resumed his speech, and he was still speaking at 1 o'clock this morning. SANTA ROSA GIHL BRUALLY ASSATLED Choked by a Ruffian While on Her Way Home Just After Dark. By a Despsrate Effort She Frees Herself and Escapas—No Clew to the Scoundrel. Special Dispatch to THE CALL. SANTA ROSA, Oct. 28.—A dastardly attempt was made here just after aark this evening to abduct May Kearns, the pretty li-year-old daughter of J. J. Kearns, a well-known business man of this city. The young lady had been downtown shopping and was returning home with her purchases when a short, heavy-set man stepped out from behird a fence in the neighborhood of Kronck and Park streets and, seizing her by the throat, choked her almost into insensibitity. After a desperate struggle with the ruf- fian the girl managed to free herself from his grasp and started to runacross the street to the residence of M. Doyle, presi- dent of the Exchange Bank, screaming all the while at the top of her voice. The villain pursuea her to the gate, and just as she dashed in kicked her with bruial force in the side, almost disaoling the ter- rified girl. Her screams had attracted the attention of the Doyle family, who appeared at the door at this juncture, and the baffled brute slunk away in the dark- ness. . Tne affair has created the greatest ex- citement here, and officers are searching evervwhere for a possible clew as to the villain’s identity. Owing to the darkness the girl is unable to give any definite de- scription of her assailant. he affair 1s undoubtedly the work of tle same indi- vidual who on Tuesday evening attem pted to assault a well-known lady of this city near the same place. On this occasion when the lady failed to obey his orders to remain quiet the fellow struck bera ter- rific blow in the face and disappeared down a side street. Though every effort was made at the time to secure some pos- sibie identificaiion of the man, it was im- possible, owing to the lady’s excitement at the time, for her to be ot any practical assistance to the officers. For tue past few weeks a number of hard citizens bave been in town, and by some itis thought that the daring burglary of District Attorney Seawell’s houe a week ago was the work of part of the same gang. 1f the brute is caught to-night it wiil go hard with him. . SACRAMENTO'S WAKM CAMPAIGN. Land’s Strength Is Growing and His Success Seeme More Certain as Election Approaches. SACRAMENTO, Oct. 28.—As the 2d of November approaches the strength of William Land becomes more apparent and his election more certain. In the few more days left there is no hope for a change which will alter the situation as it stands to-night., The Hutbird men have cathered together like steep in a storm. The Stephens handful stand steadfast, while Leonard with his three guardsmen declares tuat the “bridge shall not be taken.” In the meantime, however, the Land legions are coming down in a force which wiil exceed any majority ever given a Maycr since genial ““Gene” £rst ran, some moons ago. Tag CALv's announcement that Stephens was goinx to break into the Hubbard “camp” and run away with the few Popu- Iists who are hovering over the burnt embers of a jost cause put a quietus upon it, and Russ has decided to take no chances with the pariy which hasno love for him since he displayed the brains, independ- ence ana manhood to come out against Brvan tweive months ago. Hubbard will be left alone within his little inclosure with his little band of black sheep, while Russ wiil send his heidsmen alon - the great broad highway where the Revpublicans flock, with the hope of hem- ming in a fost lamb or two leit by the wayside on account of their infirmities. | This search for lost sbeep will be in vain, | however, as the Republican band is pretty well bunched this year and satisfied with its feed and its shepherds. TRSTING HIS RIGAT 10 WED A DIVORCER An Interesting Czse Before the Supserior Court at Fresno. Must Divorced Persons Walt a Year Before They Can Marry Again? Special Dispatch to THE CALL. FRESNO, Oct. 28.—The suit of Eli| Vaudement for a writ of mandate to com- pel the County Clerk to issue a license to him to marry Mrs. May Morgan ceme up for hearing before Judge Risley in the Su- | perior Court to-day. The plaintiff had no attorney, but the Clerk was represented by | District Attorney Snow. After Mr. Snow had made his argument, which amounted practically to a discussion of the matter by him and Judge Risley, there was no | contest, the purpose bzing to arrive at a | correct interpretation of the law. Vaudement was refused a license by Deputy Clerk Williams yesterdaay because | Mrs. Morgan was divorced last February, and a year has not yet elapsed since the | separation, as is required by law to allow a divorced person to marry again. Judge Risley to-day expressed an off- hand opinion that the new law which went into effect last April does apply in the case, and the fact that Mrs. Morgan | wuas divorced before the law was created does not exempt her from its effect. But another voint was raised, upon which the couri gave no expression of opinion, and there is a chance yet that the determined | lover and his fiancee may be allowed 1o wed at_once and not be compelled to wait turou h the dreary months that inter- | vene till the expiration of the vear limita- tion that is atiempted to pe imposed on Mrs. Morgan. According to the old statute the County Clerk, when application is made to him for a license, snall swear the applicant and ask of him questions that bear on the identity of the contracting pariies— their ages, their names and residences, and if under age whether or not the con- sent of parents or guardians has been ob- tained. Under one construction of the law tne | Clerk_has no right 10 ask any farther questions. He has no authority to ascer- win if either of the parties has been divorced, nor when. According to this interpretation of the siatutes the Clerk must issue a license when the four ques- tions abovs ted are answered satis- factorily, and it is not incumbent upon him to find out whether or not the parties are affected by the new law. Therefore, he must issue the license regaraless of that act. But the other interpretation of the statutes is that the Clerk must knowZihat the marriage will be a legal one, Tand, though not specifically authorized, it is his duty to inquire into everyibing bear- ing on the legality of the license. Judge Risley’s decisiou will be awaited with great interest throughout the State, the new law having presented knotty problems in many counties, LR YT d Boiler Explosion at Eureka. EUREKA, Oct. 28.—At sbout 9:30 this morning the boiler of J. D. Murphy's pile-driver, engaged in repair work at the north jeity, exploded, the boiler and engine going through the roof and top- pling over into the bay. George Wilson, the engineer, was badly scalded on one arm and about the face and head. Harry Gardner was thrown into the bay, but swam to the cshore and was picked up. The damage was about $1000. 5 REFUSES T0 DELIVER THE MURDERER Demand of San Diego’s Sheriff for Ebanks | Is Ignored. | CASE IN A FURTHER MUDDLE. San Quentin’s Acting Warden Gives Reasons for His Position. | | BACKED BY THE ATTORNEY- GENERAL. Expsc's That Judge Torrence Wil Adjudge Him Gullty of Contemp:. Epecial Dispatch to THE CALL. SAN QUENTIN PRISON, Caw., Oct. 8. —Another complication has arisen in the case of murderer Jo-eph J. Ebanks. This afternoon Sheriff Jennings of San Diego County came to the vpenitentiary with an order from Judge Torrence for the prisoner’s return for the purpose of resentencing the condemned murde Sheriff Jennings saw Acting Warden J. C. Edgar and made a formal demand on him for the maurderer, ana Captain Edgar flatly refused to deliver him up, stating that he was acting under the in- | structions of the Attorney-Genersal, cou- sequentiy he was bound to recognize | them as a higber authority. | “®herift Jonnings could do mothing, | so with the deputy along with him to escort Ebanks back 10 the scene of his crime, he left the prison and returned to San Francisco, whence he will return to San Diego. With every complication that crops up the case of Ebanks becomes more inter- esting, and the prospect lor a clash be- tween the Siate and Federal courts in regard to the murderer is apparent. Since Captain Elgar retused to hang Ebanks becaunse ot (he appeal to the higher court the San Diego officials have been making things decidedly warm. Only a short time ago Judee Torrence issued a citation for Acting Warden Edgar to appear be- fore bim un November to show cause why he should not be punished for con- tempt for not banging Ebanks on October he had brought 8 as ne had orderel. It will be remem- | bered thai Ebanks’ execution was post- poned irom 10:30 o'clock until 2 in the afternoon and that in the meantime At- torney Eugene Deuprey made an applica- tion to the United States courts for a writ He tes Su- siay of the murderer's of habeas corpus, which was denied. then appealed io the United S preme Court, thus securing = execution and saving neck from the galiows. It was believed that the prison author- 1ties would aliow the San Diego Sheriff to take tne murderer back to San Diego, | where Jud e Torgence would resentenca | him, then Ebanks would be brought back to the prison and the Warden would again | refuse to bang him and be cited lor con- tempt. Where this would end is a ques- ion, but all was spoiled by Capiain Edgar's flat refusal toallow the prisoner to be taken from the penitentiary. Just what action the San Diego authorte ties will take in regard to the latest sui- prise in Ebauks’ casc ia & matter of specu- lation, but it 1s believed that anothemcita- tion for contempt against Acting Warden | Edgar, the innocent cause of all the trouble which would have fallen upon Warden Hale if he had not gone East, will be issued. Bolcott Gues to France. LONDON, Oct. 28 —Senator Wolcott of Colorado, cbairman of the United States Monetary Commission, has gone to Paris in the hope of prevailing upon the French Governtaent to agree to fresh bimetallic proposals. It is believed kere, however, that the Government of France will not do anything further in the matter. NEW TO-DAY — CLOTHING. 0tk EXTRAORDINARY REDUCTIONS Are Justified By the Immense Business We Do! e —— When we say reduced from $12.50 and $15.00 to $9.25, be confident our word is as good as our bond. The reduced garments consist of the latest weaves and colorings, styles of single and double breasted Sacks and 3-button Cutaways. Day in and day out, from all parts of the world, sight- seers inspect our great es- tablishment. = * l Our prices and values are not copyrightea— ’ is it not strange others fear to copy them ? x If you want to get 50 cents value for 25 cents, patron- ize our Hat and Furnishing Goods Department. S. N. WOOD & 0., ColumbianWoolenMills 718 and 722 Market Street, —AND— Corner Powell and Eddy.