The San Francisco Call. Newspaper, November 3, 1897, Page 3

THE SAN FRANCISCO CALL, WEDNESDAY, NOV. MBER 3, 18 3 PURCASE T FlkT MORTEAGE Reorganizers Complete the Union Pacific Sale. AGAIN THERE IS NO OFPOSITION. Only One Bid and the Price Encumbrance Paid for the 1 7,435. [ BIG- F MADE BY THE MAS- TER IN CHANCERY. For a Few Hours’ Work Mr. Cornish Vil Receiva About One Hundred Thousand Vollars. ecial Dispatch to THE CALL The reorganization Union Pacific, which tae Government lien, on the property of to- purchased the the same property, by on bonds were se- OMAHA, minittee erday Nov. 2. of ‘th bouglit the second mortg e Union. Pacific, st mortgage ch the consir on w paid for the morigage was e amount name the minimum bid cepted—$50,637,435. The property v as was tue second mortgage in he name of Louis Fitzg ala and Alvin Krech as purchasing trus- o sale was, if possible, more than that of yesterday, not ople being present at the price yesterday, in lock to the minute when ncery Cornish mounted the e sters in front of the Ninth-sireet 10 Union Pacitic freight stot and began reading the notice of «e and the description of the property b= sold. Tois consumed just thi ix minutes, > then read the same notice of pro- rom the Union Pacific, Denver and ad against the sale c k of the Cheyenne and Northern road, ciaimed by the Union Paci )enver and Gulf, that he read yesterday. He announced that the purchaser mu-t ake the propariy subject to the protest, ked for bids for the property, the ion of which he ha read. peated his ¢ coming out $30,6: ster in Ch ce e ch is neral ,435."7 peated ‘Are thee any sanybody else desire Apparently nobody cared to avail him- seif of th elege, aud then Mr. Cornish ntinued: 1uasmuch as the bid of Louis Fitzeer- d and Aivin W. Krech, purchas - r property to g is finished,” rt of the sale mude yesterday ed to-day in the office of the clerk United States Cour Tue report cited the order of sale issued by Judge Sanborn, and. in accordance | with the provisions of that order, men- tions that representatives of the pu chasers deposited with the master within t1- proper time a ce:tified check for §2,- 000,000 as.a guarantee on the bid 1c proverty and another certified chel $1,264.525 to cover the sale of thes fund bonds The masier says that when the propertv was offered sale Louis Fitzeerald and Alvin W. Krech, reuresenting its iran- chises, bul $13 883, for the railroad and its franchises 3 645,250 for the sinking fund bonds; that these bids were ye only ones offereli and were accepted, agents for the purchasers depositing the master a ceruficd che 0 000 0 guarantee the iulf 1 vid e certified checks were drawn upon the United States Trust Company.oi New York. The iee which the master, who made the sales of yesterday and to-day, will receive for his work is generaily esti- mated at $100,000. It mav be over that amount and i may be something under but it is zeneraliy conc:ded that it will be close to that re in either direction. ALL OFFICE#S ARE RE-ELECTED. Women’s Christian Temperance Union Satisfisd With the Leaders of the Organization. BUFFALOQ, N. Y., Nov. 2.—The election of officers was the principal event of this morning’s session of the Women's Chris- tian Temperance Union.. The present otficers headed: by Miss Frances E. Wil lard were re-elected unanimousiy The other officers re-elected were: Vic president at large, Miss L:llian Stevens of Massachusetts; corresponding secretary, Mre. Catharine Stevenson of Massac: set recording ssc Mrs. Clara Hoffman of -Missouri; \rer, Mrs. b M. Barber ot liiinois; Miss W unced the appointment oi Mrs, vens as vice-president and Mrs. 1 announced the Beauchamp as assistant inutes of yester- sed 8o as to inciude Matilda B: Car-e wiih ard in a resolution y's session be the name of M Miss wus adopted declaring that d for tue construction of th ct on -Miss Carse, her her faith in the 1anagement, but the contrary we iereby express our ation of her faltering faith and her tireless labors in ine interest of the AGAI.ST AN /RMOR FACTORY. #he Special Eoard Considering the Question Is Opposed to - Such an Establishment. NEW YORK, Nov. 2.—A special to the Sup from ‘Washington tays: The special board considering the armor question will not recommend the establishment of a plant in the South ar anywhere else, but will confine its report to the presentation of the cost ol building a factory, with pians for its construction. A separate res two miles of | i | & lodging-house run by Mrs. A. Nicholson, reappoiniment | e temple was lost | I port will be prepared upon observations ie by the board while on’its recent | Soutnern tour in whicn ihe resources of t section will be set forth for supplving sel of all qualities. The board 1s op- d to the navy undertaking to manu- fucture armor, and if the department asks its opinion it will be strongly against the establishment of a factory anywhere. | — - AN OVERTHR.W PREDICTED. The Coming Elections in France May Cause the Downfall of the Aepub ic. NEW YORK, No —A crble to the irom Ipondon The Paris corre- spondent of the Daily News indulges, ap- parently with all gravity, in the surprs- | ing speculation that the overthrow of the | republic is within the limits of possibili- ties as u result of the coming elections for | members ot the Chamoer of Deputies. The correspondent ssys: *Oa all sides I near that the next eleciions are likely ve us, if not a Parliament of Royal- ists, one in which they will be upper- most. Should this rappen they might think it weli to withdraw their alleciance |m| tie republic. The Pope would not % 1e is in favor of a practicable course, whatev may be. There wouid be ally very litiie difficulty to iurn this re- public irto a kingdom or an emptre. If bere was a cons tive majority an em- ire would be of easicr achievement. *In view of uture events the Monarcha- have not rallied, and the Bonapartists have fused. Were Prince Victor to step aside and Prince Louis Napoleon to be placed at the nead of this amalgamated | party there might be striking resalts.” e LYING Dz4D I¥ THE BED. !Stl-ange Suicide of Jessie K. Parsons of Yonkers at the Fotel Hanhattan. NEW YORK, N | battan was the scene of some tme Morday might. Miss Jessie K. Parsons of 120 Locust place, Yonke:s, | came to the city and engaged a room in | the hotel. S.e was comparatively well known to the managers of the hotel, as she nad | stayed there fully haif adozen times since | the hotel opened to the public. She ai- ways came alone and was well supplied with money. The next day a maid found Miss Par- sons Iying deed o the bed. She had evi- deutly been dead for several hou as the dy was perfectly coid. There was a buliet wound in the mouth and a smull | bool of blood on the counterpane. On a sing e sheet of paper was a note resse! o the manager of the hotel, .:d B. Patch. It read as follows: “Pleass notify lcus Werner, Tarrv. town, N. Y., ana Herbert Barrett, Bighth avenue, near Thirty-fourth street, | New York.” | [y | It v. 2—The Hotel Man- a strange suicide | | E —_———— FEVER SITUAIIGH IMPROVED. !I{ Cooler Weather Continues for Sey- eral Days the Disease May Be Stamped Cut. NEW ORLEANS, Nov. 2 —The fever sit- { nation is most encouraging to-night and | the Board of Health physicians state that | if the cool weather shall continue for sev- | eral davs the disease will d>crezse and may | be easily stawuped out. The official report to-night shows thrty-four new cases and six deaths,as fol'ows: John Grasto, Artbur Bar J. T. Jobnson, Leopold Pin- cus, Mary Picornde, Martha Shaw. lses are announced at other places t. L uis, 5; Bilox:, Miss., 6; Mon mery, Ala., 2 MOBILE, ALa, Nov. 2.—A list of | twelve new cases to-duy shows that the coid weather has ncot yet made any im- pression upon the virulence of the yell i iever. The death rate remainslow, how- being no deaths Sunday, Mon- ! ay, which seems to con irovert the theory toat cold weather a:gravates the violencs of the disease. Sl Sty T Two Tiger Hunicrs on the If | CHICAGO, Nov. 2.—Counts D= Mery and De Begassiere passed through this . city on their way from Paris to India, where they will hunt tigers and other jungle game. De Mery has world-wide lame as a hunter, having 200 tigers to his | credit. They left on the overlana limited to-night for San Francisco, where they will secure their out | WAS 0UT OF MONEY. | An Unknown German Commits Suicide | on Account of Financial | Difficulties. A German whose name is supposed to Merten commitied suicide yesterday by sbooting himself in the left temple. | He came here from New York about | three weeks ago, and has been rooming at | | at 82614 Mission sireet. At 6:30 o’clock yesterday morning a pistol shot was heara by James R. McClosky and A. Nicholson, who were roomingat the house. Nothing was thought of it until 8 o’clock in the evening, when some one jokingly told Mrs. Nichoison of it and asked her if there had been a suicide in the house. She | then told him she nad gone to Merten’s | room in the morning and found him lying | on the floor, as she supposed, drunk. Tney went up to the room and dis- | covered Merten lying at the foot of the | bed dead, with a_revo'ver near his hand. | Merten was abont 35 years old and lived in New York until recently, when he failed in the liquor business. He came here with a friend looking for work, and 8s no properiy of any value was lound in his possession it is supposed Lhe commiiied suicde on account of his | straitened circumstances, S ) | ACCORDING TO HIS ABILITY. | Professor Plehn Details His Ideas on Taxation. fessor Plehn of Berkeley interested ze audicnce at Y. M. C. A, Hall last on the subject of “Taxation.” He first dwe!t on the methods of State and local taxation now in vogue in this coun- trv, which he criticized severely, as he | |a said it is anything but equ “Taxation,” when he said, “is equal only it places the individual citizen in tly the same position relative to his ws as 1t found him. The contribu- 1u8 to the support of the Governmest rouid be in proportion to the ability of e taxpayer. “The general property tax as the maln source of revenue is a failure irom every | point of view—practicailv it is the worst | system known in the civilized world. It | debases public morals, presses hardest on | those least able to vay, changes natural lines of tue distribution of wealth, and asa special indictment it adds materially to the sources tending to destroy the farm- ing population o. the country. The American farmer is overtaxed and ihis is one of the principal canses of the | depopulation of toe rural districts. Tax every man according to his ability and a better state of affairs will ba the result.” e i Nashville Colored Students. On Monday evening next, November 8, the original Nashville Colored Students will give onc ot their unique coucer's under the auspices of the Youug Men’s Christian Asso- ciation at their auditorium, Masou and Ellis streets. It has been many vears since this company sang in San Francisco. They will give some of their choicest music: ‘Hail, Jerusalem Morn,” *“Gospel Train.” *Down on REPUBLIGAN TRIOMPH N SACRAMENTY William Land Elected Mayor by a Clear Majority. HEADS A VICTORIOUS TICKET. Pennish, Lipman, Wachhorst and Frost Alone Meet . Defeat. LITTLE EXCITEMENT AT THE POLLS. The M:yor-Elact Thanks *“The Cail” for its L=bors in Behalf of His Party. Special Dispatch to THE CALL SACRAMENTO, Nov. 2.—The captain’s story in Mark Twain’s “Following the quator,” which told of an Arctic voyage to a region where it was 8o cold that “‘the mate’s shadow froze fast to the deck,” has been dup icated in Sacramento to-day. There are thres shadows frozen to the deck. One is a long, siim, narrow, wil- lowy shadow; the second is a little, short one, while the third is as broad as it is long. It has beena very cold day for the tnree and it is feared that they, like the mate in the story, will have to be *‘ripped loose by main strength,” and then they wili only get about two-thirds of their shacows back. As was predictea in THE CALL the Re- publican candidate for Mayor has swept everything before him. Land received 1094 more votes than Hubbard, and 149 more than his three competitors com- bined. Young R., for Auditor and Assessor, defeated Martyr by a majority of 500 or 600. Carmichael D., for City Treasurer, won over Frost R. by 5. De Ligne R., for City Attorney, has a a plurality of 60. s Tebbetts Ind. defeated Wachhorst R, for Trustee of the First Ward, by a major- ity of from 200 to 300 Paine R. for Trustee in the Third Ward won by a plurality of 97. rhit Douglas R. for Trustee in the Fiftn has a plurality over Tozer, Newman and Mayo of 110. N. K. Johnson R. for School Trustee in the Sixth Ward won without opposi- tion, as did Atkinson R.in the Fourth Ward. Doian Ind. for Trustee in the Ninth de- feate! Pennish R. and Uhland Wood- men Iads. by a plurality of 40, Sec amenio’s official famly for the en- suing term will be as followss Mayor—William Land R. Collector—C. C. Robarison R. Treasurer—D. W Carmichael D. Auditor and Assessor—J. D. Young R. City Attorney—A_ A. de Ligne R. Trustees—First Ward, F. F. Tebbetts Ind.; Fiith Ward, Phil Douglass R.; Seventh Ward, H. P. Brown D; Ninth Ward, K. H, Dolan ond Ward, George P. Stack R.; Fourth Ward, F. L. Atkinson R.; Sixth Ward, 1. K. Johnson R.; Eighth Ward, E. E. Panabaker R. ‘The election passed off very quietly, but 2 votes being polled. In no ward was there a single wrangle or dispute. Down inthose wards where thereis usually great commotion and excitement on a day of eiection, the crowds <tood around in little groups, good-naturedly cheaffing an oc- cus ons! Stephens man, and Russ himself seemed lighily concerned over the over™ whelming avalanchie of votes cast agains' bim. Mayor Hubbard viewed the sitia- tion “‘down town” from a distance, and did not seem to enjoy the turn things tock as beartily as be migut. Mr. Land in speaking of his victory, said to-nights “] want tomake a public acknowiedg- ment of my gratitude for the bearty sup- port and aid of the San Francisco CALL. “TaE CALL did heroic service for the en- tire Republican ticket, and I snhall never forget the kind and generous support it accorded to me personally. With such a vaper us THE CALL standing up for our regular nominees it will not'be long be- fore Sacramento, city and county, will again be piling up the old Republican ma- jorities which were at one time her pride, profit and renown."” Dr. Tebbetts, who defeated Wachhorst, sald to THE CALL correspondent to-night: “You can say one thing and thatis I am still a Repub.ican.” BLOWN DOWN BY THE WINDS. Destruction of the Stons House at Tappan in Which Major Andre Was Imprisoned. YACK, N. Y., Nov. 2.—The 1776 stone house at Tappan was blown down by the wind this morning. Tois is the house where Major John Andre was imprisoned and from which e was taken to his exe- cution on October 20, 1780. It was owned by Dr. Stephens of Tappan and has been visited by people irom a!l over the world. L e INTEREST 10 IHE COA4ST. oF Transfer of Signal Sergeants and Patents For Inventors. WASHINGTON, Nov. 2.—By direction of the Secretary of War the foliowing transfers of sergeants ol signal corps are made: Sergeant Capron to Presidio of San Francisco to relieve Sergeant Fred C. F.agg; Sergeant Fiags when thus relieved to Fort Mason, California. The sergeants thus transferred will be sent to the new stations designated, and will report upon arrival to their respective commanding officers forduiy. Pacific Coast patents have been issued as follows: Caiifornia—Wilber T. Adel and 8. F. Leb, San Jose, pulverizer; Cbauncey B. Johnson, Los Angeles, gate operating and locking device; William Johnson, Mott, support for window awn- ings; Egbert K. Masters, Sacramento, combined sash holder and fastener; Oito Otson, Redding, file or rasp; Paul J. Stuparich, San Francisco, photographic mouant. _Oregon—John J. Malloy, Port!and (as- signor to Pacific_Car-coupiing Company), car-coupling; William 8. Overlin, Port- land, automatic fire-lighter. S Nl Pacific Coast Pensons. WASHINGTON, Nov. 2.—Pensions have been granted as follows: California: Original — Samuel Smith, San Francisco; Scott Dome, Red Bluff; the Old Camp Ground,” “Roti, Jordan, Roll,” “Swing Low, Sweet Chariot.” 'There is also'a maie quartet connecied with the company. Thomas Malony, Veterans’ Home, Napa; Benjamin J. Fleck (deceased), Butte Meadows; Generat W. Asher, Soldiers’ Home, Los Angeles; Lewis C. Alvord, | Vailejo; James A. Barrows, Los Aungeles; James A. Wardwell Newton, Ouakland; Patrick Lyons, Soldiers’ Home, Los Ange- l-s; John Reynolds, Soidiers’ Home, Los Angeles. Increase — George Saunders, Veterans Home, Napa; Solomon Ager- term, Santa Cruz. Orezon: Ori-inal—Alyis Deringer, Sol- diers’ Home. Douglas. Washmuton: Original — David = W. Odell, Seattie; James Hogue, New What- com; Peter barreit, Sorague. Original widow, etc.—Elizabeth Burrows, Bellevue. o R Transfer of Naval Officers. WASHINGTON, Nov. 2—Lieutenant- Commander J. B. Bridges is detached from the Philadelphia and ordered to che Baliimore at Honoluln as executive offi- cer; Lieutenant-Commander C. Block- tinger and Lieutenant William Brauener- senther from the Baitimore to Mare Isl- and; Lieuienant W. P. Elliott detached from the Philadelpbia ana ordered to the Bultimore; Ensign W. 8. Whitied from the Baltimors to the Benniugcon; Chief Engineer J. Lowe irom the Puiladelphia, and given one month’s lesve; Paymaster W. J. Thompson from the Philadelpbia to the Monterey. Longstreet Asxumes Office. WASHINGTON, Nov. 2 — General James Longstreet took the oath of office as Commissioner of Railroads to-day snd began his new duties, succeeding General Wade Hampton. BYANGELIZING THE CITY The Christian Ministers Hope to Hold a Monster Re- vival Meeting, It Is to Last One Year—Dr, Ford of the Ohristian Church Doing a Large Work An effort is being made among the Cnristian churches of the State to thor- oughly evangelize San Francisco. The State board has taken this work up be- czuse it believes that in itsefforts to evan- gelize the country the city has been neg- lected. So it has planned a revival meet- ing that i- to last one year, with services every night. ‘I'be work is to be carried on after the plan Moody has adopted in Chicago. A large bullding 18 to be rented in some cen- tral location, just where has not yet been decided. Several acvantageousoffers have already been made, and the officers of the board will decide upon a location in a few davs. Rev. William Gardner of the West Side Christian Church of this city has been ap- vointed superintendent of tue work. He has issued a letter to be sent to the mem- bers of the congregations asking for their belpand co-overation in the matter. These letters includ : pledges, and ask that they be signed tor a~ much or as little as the recipient can afford to give. The mem- bers ol the Christian church in Vacaville nave in this way agreed 10 pay $150. Rev. Meivin Putman bas been selected as evan- gelist. On Monday at the meeting of the Chris- tian Ministerial Association Dr. Gardner rought the matter up, and the associa- tion promised its hearty co-operation. Rev. Frank ¥ord of the First Christien Church has adopted another way of evangelizing the city. He has divided fifty square blocks surrounding the church into different sections, and takes one section for each mouth. This will take altogether protiy nearly three years and is a larges undertaking. Some large building is rented and services are held every evening. lf a suitable building cannot be rented, a large tent which the church has purchased for tne purpose is to be erected and the services held there. Dr. ¥ord hopes in this way to form the nucieus for nineteen Christian churches. He 1s very enthusiastic about his work, preaching when he can spare the time and using every effort his power to help the work aiong. ——————— MUST GO BACK. United States District Judge De Haven Orders Another Coolie Home. United States District Judge de Haven on Monaay rendered another decision on Chinese exclusion in line with those here- tofore given by him, and similarlv broad and just. It was the case of Gut Lung, a Chinese woman of the casie of which chat- tel slaves are made. The following ex- tructs from tle decislon show the legal points involved: The judgment rendered by the District Court of Arizons was one whicn the law authorized it to pronounce in that proceeding upon its general finding that this petitioner was found unlawfully within the jurisdiction of that court. Nord:d the speclal referee in the pro- ceeding now before this court errin refusing to permit the peitioner to introduce in evi- dence a certificate of residence such as is re- quired by section 6 of the act oi Congress of May 5, 1892, and the act of Congress amendsn- tory thereof, approved November 3, 1893 This certificate purported to have been issucd to her vy the Coliector of Internal Revenue for the’ First District of Californis, prior to the commencement of the proceeding, which re- sulted 1n the judement of deportation under which she is now held. This offered evidence undoubtedly tended to show that the petitioner hus fuily com- plied with the acts of Congress above referred to, butin its juigment above referred to the District Court of the Territory of Arizona de- termined the fact to be otherwise than as is shown by such certificate, and this court is not authorized to retry that questton. (In re Tsu Mee, 81 Fed., 702.) The judgmentof the District Court ot the Territory of Arizona be- ing valid it cannot be re versed or set aside in this collateral proceeding by proof showing a different state of facts froin those found by the court in that case, and upon which its judgment was based. The proposition that the judgmentof a court having jurisdiction over the controversy and the parties to itcannot be impeached 1or error either of law or fact except in a dircet proceeding for that pur- pose is so well settied that it may be consid- ered ome of the maxims of the law. (Cooper vs. Reynolds, 10 Wall, 308)) The woman was ordered remanded into custody for aeportation. e — SET FREE AT LAST. Governor Budd Pardons Ramon Her- rera, Charged With Robbery. Governor Budd has at last granted a pardon to Ramon Herrera, who was sen- tenced to serve twenty vears in the State prison at 8an Quentin for robbery. Over four years ago a Uhinese was robbed by two men on the corner of Stockton and California straets, and Her- rera, who was ihen oniy 18 years of age, was arrested with Isadore Baldevia for the crime. The victim identified the men as his assailants because of the siyle ol their dress. A fellow named Manue! Por- tillio was also arrested for the robbery, but as he had influential and wealthy relatives he managed to escape his deserts, tor he was Baldevia’s companion, us was proved later. The police and the lawyers who had the ¢ knew that Portillio was the other guilty party, for the former recovered the Chinaman’s watcn from the pawnshop where the fellow had sold it. Portiliio alsoacknowledged his guilt after he was acquitted. He leftthe city and went to Mexico, where he was killed while trying to rob a railroad train. The Prison Directors were made aware of these facts and they recommended the boy’s pardon. The story was first made public by The CALL, and all of the details were frequently presented to the Governor, but for some reason he never acted upon the case until yesterday, when he opened the gates of the prison for tne youngster. Itisto the efforts of Georze Morse ana Georee Jewetlt that the pardon was granted, for they worked fir mouatbs, their only object being the desire to have jus- tice dons. DURRANT'S APPEAL 10 bl FUTILE California Officers of the Opinion It Will Be Dismissed. WARDEN HALE ON THE WAY HOME. Returning to San Quentin to Be Ready for Any “Emergency.” SUPREME COURT DECISION EXPECTED MONDAY. No Tims WIll Be Lost in Executing the Belfry Murderer After Resentence. Special Dispatch to THE CALL. Cavy, OrFFice, Rices House WasHINGTON, D. C., Nov. 2 Warden Hale of San Quentin peniten- tiary left rather unexpectedly for home this afternoon, althougn he stated to THE CALL correspondent a day or two ago that he would remain here until the Durrant case was decided by ithe Supreme Court. He said to-day that ‘‘Judge Fitzgerald thouzht he had better get back to be ready for any emergency.’’ His sudden departurs, coupled with the confident and most positive tone which Attorney-General Fitzgerald speaks of the Supreme Court’s coming decision in the Durrant case, creates a suspicion which amounts to a belief that Fitzgerald and Warden Hale have made up their minds the Supreme Court will dismiss Durrant’s appeal on next Monday. Fitz- zerald said to THE CALL correspondent to- night that he “‘woula not be surprised 1f the decision was handed down on next Monday.” Of course neither Fitzgerald nor Warden Haule has any means of anticipating a de- cision of the court, and the probabilities are that their prediction of a decision against Durrant is based upon Judge Fiizgerald’s contidence as a lawyer that the court cannot decide otherwise. The Judge said to-night that it would be un- becoming to him to say in o many words that the court in following its previous decisions must dismiss the appeal, but, continuing, in a casual way, he could not help betraying his confidence that the decision would sustain the California courts. He alluded to the case of Hutardo vs. California, in which a similar question was disp osed of by the United States Su- preme Court, and aiso referred to the de- cision announced as late as Monday a week ago, in the case of Kramer, on ap- peal from toe Oregon courts. Warden Hale, it is believed, has gone home to prepare for Durrant’s execution. Lastnight he said to THE CALL correspond- ent, in discussing the case, that on the whole he was rather in doubt whether capital punishment was deterrent of crime, and he regreted that, as Warden of San Quentin, he had unpleasant duties to perform, “You do not execute these prisoners yoursel{?” *No,” replied the Warden; “but I have to be present and see that everything is attended to properly.” “Ifa decision is rendered against Dur- rant, when is he likely to be executed?”’ Warden Hale was asked. He replied: *‘The law says that conderaned murder- ers shall not be executed within sixty days, nor shall ninety days elapse after sentence; but when an appealis taken they may be executed at any time after they are resentenced.” It appears probable, therefore, that the Supreme Court will on next Monday dis- miss the appeal and that Durrant will be immediately resentenced and his execu- tion will follow soon after. The Durrant case is exciting consider- able interest in Washington and the East on account of the proceedings in the United States Supreme Court and the question now penaing before it, for recol- lections of the cburch murders are still fresh in their minds. When Warden Hale called at the White House the: other night the President alluded to them, and regretted that such murder cases were not speedily settled instead ot dragging their way through the various courts of appeal. ‘Ihe Supreme Court to-day rendered a decision in another c which will fur- nish an unpleasant tack. for the Warden. The appeal of Harvey Allender, who mur- dered a woman at San Jose, was dis- missed because the records of the lower cour: were not filed. Judge Fitzgerald had been watching this case careiully. Yesterday was the last day in which the records could be filed, so when court was opened to-day the motion of the Attorney- General to dismiss was granted. Thus Allender’s last hope was destroyed by the default of his attorneys. Judge Fitzgerald was ready to make a motion 1o dismiss the case of Murderer Ebanks of San Diego for the same reason, but the records in the case reached herein the nick of time and were filed this morn- ing with the clerk. The brief prepared by Attorney Louis P. Boardman of Susan- ville, one of Durrant’s lawyers, in reply to Fitzgerald’s argument, was filed in the Supreme Court to-day, It is a rather voluminous document, but the salient points may be stated as follows: It is al- leged that the California courts erred in refusing to grant a writ of habeas corpus, and the claim 1s made that the California Penal Code and section 8 ot article 1 of the California constitution are in contra- vention and conflict with articles 5, 6 and 14 of the amendment to the Federal con- stitution in that the said provision has deprived tha petitioner of the rig t of in- dictment and presentment by a Grand Jury, and that he has been deprived of his liberty, and is threatened to be deprived of his life without due process of lew; that he has been deprived of the right ot an impartial jury trial according to com- mon law. Copious extracts from California’s con- stitution and Penal Code are given, as well as numerous citationstending tosup- port their contentions that a formal Grand Jury indictment and presentment is nec- essary, nmong them being the following: 1. Toe KFederal constitution which says *“nor shall any State deprive any person of life, liberty or property without due process of law.” 2. Justice Field, who said, in charging a Grand Jury in the California Circuit Court: - *“You owe a duty to the ci.izen to see that no man 1s persecuted upon acci- sations having no foundation than public clamor or private malice. And from Blackstone, who said that ‘no man should be convicted of a capital offense unless by unanimous voice ot twenty-four of his equals and neighbors. A quotatior is given from Daniel Web- ster, who said: “By the law of the land is most clearly intended the general law which hears before it condemns, which proceeds upon inquiry and renders judg- ment only after trial. It means that every citizen shall hold his Jife, liberty and property under the protection of gen- eral ruies which govern society.” MYSTERIOUS DEATH. A Young Woman Dies on Her Way to the Hospital. Tina Severance, otherwise known as Mrs. Gibson, was taken to the Receiv- ing Hospitai early this morning, but when she arrived there she was dead. She had been taken from the Orlando House, 989 Mission street, in an uncon- sclous condition. She had come there from the streetin the company of a young man, who said she met him in the street and asked him to show her some place where she could g0, as she was sick. The landlady of the Orlando says the woman had been drinking heavily before she came to the house. THE STERNBERG PARDON The Governor Gave Due Con- sideration to Phelan’s Protests, The Petition for the Release of the Prisoner Was Signed by Many Leading Men. i Governor Budd was in the city yester- day, and spoke without hesitation on the pardon of Louis Sternberz, who was con- victed in February, 1895, and sentenced to serve a term of three years in the State prison. The Governor said the petition for the pardon of Sternberg was signed by many prominent men of the State. “‘After the Board of Prison Directors recommended the pardon,’”’ said the Gov- ernor, “I received a message from Mayor Pielan, requesting that executive action be delayed untl I should receive a coun- ter petition. I waited two weaks and re- ceived the protests against the granting of the paraon. The Mayor's protests, three in number, contain but 113 names_out of the 70,000 voters and 350,000 inhabitants of San Francisco. “There has been no departure from the usual proceeding in the case. The peti- tion for the release of Sternberg was signed by thirty-nine of the forty State Senators of California and a large number of As- semblymen. Moreover, Sternberg’s term of imprisonment will expire nine months hence. Were he allowed credit for the time that be was imprisoned in the Connty Jail the full term of servitude would be reached. “The protest was feeble, showing thatit was not possible 1o awaken public senti- t against the exercise of executive clemency in the case.’’ FRED BELL CONVICTED. Judge Conlan Finds Him and His Com- panions Guilty of Disturbing the Peaces Fred Bell, son of the dead millionaire, and his five companions. Charles Hall, A. C. Pheips and F. A. Phelps, and Alice Bailey and Alice Smith, both colored, ap- peared before Judge Conlan yesterday morning to answer a charge of disturbing the peace on the morning of October 28, at Pacific avenue and Laguna street. Sergeant Price and the other officers, who made the arrests, testified that the defendants were all drunk and using vile and vulgar language. Bell testified thut he and his friends at- tended a birthday party at the residence of Joseph B. Overley, on Greenwich street, near Fillmore, and they were on thelr way home when the police arrested them. He denied thathe was drunk, or that any unusal noise was made. He ad- mitted attemnting to sing *‘Ben Boit,” but as none of the others joined in the song he stopped. All the other defendants testified that they were not drunk, nor were they mak- 1ng a noise, but they were convicted and ordered to appear for 3entence tiis morn- ing. .- NATIVE TOBACCO. Litigation Growing Out of Putting It on the Market. J. D. Culp, a tobacco-grower having his home and plantation near San Felipe, San Benito County, has filed his answer to the suit instituted against him by F. W, Beardstee and W. W. Boughton, doing business as the San Felipe Tobacco Com- pany. The plaintiffs complained that Mr, Culp haa broken his contract to supply them with tobacco and cigars, and asked for $5000 aamages. In his reply Mr. Culp says that Beardslee and Boughton fraudu- leatly induced him to make the tobacco agreement by falsely representing that they had $8000 to invest in the business, whereas in iact they were impecunious. David Miller was about to go-into the business, but withdrew when he learned that Beardslee and Boughton were with- out funds. As Beardslee and Boughton were not able to go ahead with the matter accord- ing to their agreement, a formal release from the coniract was.signed by both sides; but even after this a suit was in- stituted to mulct Mr. Culp in damages. He says he did not decline to furmish the supplies until after the original contract was signad, wherefore he asks for judg- ment for his costs. ——— ROE ESTATE LITIGATION. Allegations That Valuable Stock Was Not Delivered. The suit of the California E «ctric Light Company against the estate of the late George H. Roe is on trial in Judge Slack’s department of the Superior Court. The dispute grows out of the consolidation of the rival electric lizght concerns of this city several years ago. It is charged that Roe received from the California Electric Light Company 500 shares of the Edison Electric Light and Power Company which it was understood he was to pay to John C. Henderson of New York for services in securing the amalgamation of the com- panies, and ibat he had no contract with Mr. Henderson to pay any such sum. As a consequence the Cslifornia E ectric Light Companyg has made this demand for return of the stock. Attorneys McEan- erney and Goodfellow represent the plaintiff and McCutchen and Eells are for the defense, M:. Henderson recently filed a similar suit against the Roe estate and the Cali» fornia Electric Light Company laying claim to the $75,000 worih of stock or its equivalent in cash. ——e DATES FOR NOMINATIONS. Parties Must Name Their Candidates for Freeholders by November 27. The Board of Election Commissioners at its meeting yesterday decided that nominations for Freeholders by party conveniions must be filed with the Regis- trar not later than November 27, and that nominations by petition must be on hand by December 7. : The books for the registration of voters for the charter election will be open irom November 27 to December 11, iaclusive, at the City Hall. Parties that failed to poll 3 per cent of the total vote at the last election will have to register their candidates by petition. ————— Personal Baggage Free of Duty. Collector Jackson received yesterday & dee ciston from the Secretary of the Treasury with regard to personal baggige of tounsts. The ‘?.‘13;‘;"“‘ extract coutains the gist of the de- cision: In regard thereto I have to Inform you that under Pparagraph 697 of the act of July 24, 1897, such wearing appare! atd other simiiar personal effects ssshall ‘mctually accompany” their Owner are en- to «Xemption from duty. 1f, however, it shall be shown that the applicani was in pos- session of passengers’ checks for Daggage in ques- tion and can satisty you that hiis stopping Off At Victoria was merely an incident of his life, you are hereby uuthorized to regard the same as com- ing within the couditions named iu the 1aw asd 10 grant free entry to the effec —_———— Revenue Keceipts for October. The following collections were made during the month of October by Internal Revenua Collector Lynch: Lists $1,148 64 Beer 53,015 50 Eruit spirits. 44,541 99 Grain spicits. 38,985 T4 Cigars 14,530 76 Cigar 1,858 00 ‘Tobacco. 1471 92 Specials 4,840 42 riaying-cards 60 26 Export. 2 30 $1568,758 5 NEW TO-DATY. Death is looking in at the window at thousands of suffering, pain. Nracked women, '\)whom the proper » measures would _ render healthy and \happy. Everywo- ‘\ man should know \~\ the importance | of keeping in a \;\\\ healthy condition those organs that make her a wo- man. If she neglects this, she will be a burden to herself, her husband and her children. She will grow old before her time. She will lose happiness and love and life. It is easy for a woman to keep herself well and strong in a womanly way if she will only take the proper care of herself and use the right remedy for her peculiar troubles. Dr. Pierce’s Favorite Prescription is a boon to suffering women. It cures all dis- ease and weakness of the organs distinctly feminine. It acts directly on those organs and makes them strong and healthy. It allays inflammation, soothes pain and stops weakening drains. Taken during the pe- riod preceding motherhood it does away with the usual discomforts. and makes baby’s coming easy and almost painle Druggists sell it. Substitutes arc dangerous. Miss Edith Cain, of Clinton, Allegheny Co., Pa., writes: “Itake pleasure in expressing my faith in your : Favorite Prescription. ' After two years of suffering 1 began taking Dr. Pierce's medicine and now I am entirely cured. 1 had been troubled with female weakness for some i i ne drain on the system, but now I am happy and well. T will cheerfully recommend Dr. Pier: avorite Pre- scription to all invalid ladies.” ; o _ Biliousness, in- Dr. Pierce’s discstion, and constipation are cured in a thorough, natural, scientific way by Dr. Pierce’s Pleasant Pellets. They clear the superfluious bile out of the blood; tone the stomach and canse the h%vlvels tg Pl act mlmrnn. iy and Pleasant peuisny. sour stomach, foul taste in the mouth, biliousness, pimples, and palpitation of the heart are all caused by constipa- tion, and constipation is cured positively and permanently by Dr. Pe“ets o Pierce’s Pleasant Pellets. LADIES’ DESK. NOVEMBER PREMIUM SALE, LET US EXPLAIN, DURING NOVEMBER, to every CASH purchaser we will deliver any article in our establishment, useful or ornamental, of their own selection representing one- eighth of their purchase. JUST FIGURE THIS OUT. It applies 10 eyvery CASH sale, large ur small, IT WORKS LIKE THIS: With urchase goes a handsom Every s l 0 ug, a Tabourette, 3 Pair of Lace Curiains, i With purchase goes s large Cob. Every $20 bler Rocker, a Parlor Tabie, etc. With purchase goes an Oak or Ma- Every sso nogany Ludies’ Desk, a Parlor Chair, ete. With purchase goes an Oak Hate Every $75 rack, a Mahogany Tea Table, or Gilt Chair. And so on up. Make your purchase large enough and you can get a $125 Parlor or Dining Set. Our low prices and good values should make this offer of unusual interest to the buyer. INVESTIGATE IT. ALEX. MACKAY & SON, 715 Market Street. CARPETS AND FURNITURE. WHE OTHERS FAIL CONSULT DOCTOR SWEANY, THE MOST SUCCESSFUL. In the cure of all Nervous, Chronic 8nd Sps- cial Diseases of hum nxind. veffect s CURE in every case he undertakes. esjecially. when others fail is his special deiight and ihe secreg of his immense success. NO ctirab e case baftes his marveious ability. 1f you canno. call confidence and receive his opinlou 0: your-cuse and a valuable Book of Informa:ion Free. - F. L.mSWEANY, M. D, MARKET BTREET;