The San Francisco Call. Newspaper, November 9, 1897, Page 3

THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 9, 18 | » DURRANT’S | . LAST HOEE " & | HAS GONE | Now the Demon of the Belfry Must Pay the Death Penalty. | | ALL THE TRICKS TO CAUSE DELAY | FAIL. The Supreme Court of the United States ecides That the California Tribunal Did Not Err in Refusing to Grant 5 a Writ of Habeas Corpus. | i | exhausted their resources, feel that the cision of the Supreme Court is indica- tive of the utter futility of any endeavors | to save the neck of their client. District eci- ates Attorney Barnes is confident that there will be no more appea's taken to prevent the execution, and th if there should be would not be entertainea by the| deral courts for an instant, and thata | cited | persistency along these lines might bring There | forth a rebuke from the Circuit Court that the court- | would cause the lawyers for the aefense no ecision was announced, | Jiitle worry. me, all of thoss wWho| By the decision of the United States Supreme Court the case is now relegated to the same condition it occupied before Judge Hawley refused to granta writ of habeas corpus in June last. . Durrant is now toall intents'and purposes under Tue Cavr, which ar- | sentence of death, the appeal to the I see that its|eral courts aciing simply as a stay of ex- that the de- | €Cution, but in no way annuling the order | Bt anaithatl of death. But it not probable that the | strict Attorney will let any such tecnni- had gained some | calities endaneer the case in its present | . Attorne; 1 to TE CALL cor- the court’s decision | condition. The prisoner will be resen- r b to prepare | tenced, and at once, which means as| it You hit the nail on | 00n as the District’ Attoruey receives We expected this decision ana | 9fficial notification of the action of the Supreme Court. Just to facilitate mat- t would be handed down to-day. urse we had no positive information, we felt 80 sure of it that Warden Hale ought he had better start for San Quen- he senta dispatch to Atiorney-Gen- eral McKenna yesterday afternoon asking for the gist of the decision. But Barnes will not bé kept waiting long in su-pense. Deputy Attorney-Geu- eral Carter received a dispatch from his chief, who is now in Washington, convey- ing to him official notice of the action of | = *‘I, of course, feel very much gratified at the prompt action of the court, though I an d and pre- | the Supreme Court with instructions to | &s you | convey the news to the District Atiorney | o from a f the [at bhnce. Attorney-General Fiizgeraid | stated in his dispaich that be necessary to await the arnval of formal remittitur from Washington order to have Durrant resentenced. This precedent was established in the eme Court this morning was | famous Jugiro case, which was an appeal | ce of that order and was made | from the death sentence pronounced on a | my motion to dismiss or affirm ana | New \u!}flfilme lcohn death sentence on . y : % "t | grounas identical with those upon which upon tne grounds stated by me in that | B or S, N o T R T om motion and advanced by me in my arsu- | he gallows. Jugiro was hanged fortn. | of that motion. The ‘ it would not the 1 t Court of the North- nia, denying an ap- t for a wr f ited Siates Cir District of d upon in with upon the decision of the higher | courts refusing to entertain his appeal and without the formality of a death sen- tence. | Deputy Attorney-General Carter imme- diately transmitted Fitzgerald’s instruc- by letter to Barnes, and this morn- | will see a conference between that and Judge Bahrs over the matter | t held that the appeal was merit, and this notwith- that Durrant’s attor- mo- thout fact nevs hac tion and ¥ deci br.et, however, I n opvosition to my th a view to further delay a brief of 113 printed pages— in which nothing new tion its fhic offici i and which was simply a|Of fixing aday for the death of the pris- | eut of questions that | ONeT- It is in the power of Barnes to | e o }ea' There | °TdeT the prisoner into court to-day for re- ™€ | sentence, but he declared lust night that | is now no should not be whatever why Durrant ly executed. any further delay by rest solely with dges in Californi 3 on, fully authorized ne decisions of the Upited States Su- | ne Court to bsolutely to enter- rder upon the sscond t of habeas corpus in it has been repeatedly heid nd notably in the case of . 8., 670, that the United t and District courts may in | on in cases of this character te prisoner the remedy by ha- beas corpus and put him to his writ of he would not be guilty of such haste. It is this phase of the situation that| has set Durrant’s attorneys by the ears. | They realize that their ciient is in ex- | treme danger of being hanged whi'e they | are planning new ways to postpone the | execution. They deciare that if ahy snap | game of this kind is piayed on them they will resort to injunction to prevent the execution. | .awyers generally say that about all | tricks ‘of the law available have been ex- | hausted in behaif of Durrant. Of coursa | his attornevs will ask for a writ of p)un-‘ able cause from the courts at once, and it may be safely said that such a writ will be refused, as was alresdy done by Judge Bahrs when he fixed the day of deaih iast April. From this refusal | there is, of course, an sppeal to the Siate | error. Supreme Court but this appeal will not | “I am iniormed that in the United | stay the execution should the prison au- | “tates courts in other portions of the | thorities proceed to conform with the Union where the habeas-corpus practice | order of the lower courts in carrying out counsel for State prisoners was sub- | n.fiwn:n sentence. “‘“, appeal would be 1 %o the same oharacter of abuse thay | le2rd in due time, of course, as the cale dtot RS 4 dar was reached, but there is no known | tis now receiving in California it isthe | rule of law that prevents the execution | ractice of the Federal Judges to refuse to | going on at the appointed time. | ertain or make any order upon a sec- | This aspect of the case recalis the tac- | application if the first were denied | 11CS ’“‘0"1“.‘ by J.‘"’EEI Blackburn, who | 2 ] e ispensed justice in the early days of | its denial affirmed by the Supreme | PRI &0 N0 M Blatkburn learned Court of the United States. They ever | it John I McDcugall, who was then uct their clerks not to receive or file | Governor of the Staie, was preparing to papers upon & second appiication, reprieve a prisoner who_had been found Such a course of procedure by the Federsl | guilty of murder in tbe Monterey courts. Judges of California would not only be | He ulrected the Sheriff to bring the pris- | justifiable under the law and tne de- oner into cour! and at once sentenced him | but would be in keeping with the eed f a to pe hangzed forthwitn. The Sher:ff was equal to the occasion, and when the gub- | practice of other Circuit and District | ernatorial reprieve arrived the prisoner | courts of the United States, and would | had already paid the penalty of his crime. most effectnally balk any further attempt lelay the execution of Durrant’s sen- Blackburn in making bis report to the Governor of the affair declared that the jail fund was exhausted and that in the less those Judges do adopt some interests of economy he haa deemed it e the execution of condemned | best for the taxpayers to have the rs in California will be out of the | prisoner go to his doom at once, hence Knowing those able and dis- | wWhen the reprieve arrived the prisoner A incist | had crossed the bourne from which no s = 8 Lo T Ravs o fenc | murderer returneth. will not adopt some course to tthe further thwarting of the execu- | un example of the futility of an appeal io | tion of condemned murderers in Cali- | the Supreme Court of the State from the fornia. Durrant's case is the second one | refusal of a lower court 1o grant a writ of of this charactir on appeal from Cali- | probable cause in the interests of a con- fornia which hag b i in | demned man. ¥redericks went to his 2 8 been disposed of within | 5., "hile . Jus sase was pesding bofore such co dery et The case of murderer Fredericks affords | a week. The Worden case, the Hill case |\ Supreme Court, and that august body and the l:fu. @i case still remain for dis- | was informed when the matter was reached The 'Worden case and the Hill | on the culendar that the subject maiter of vosition. case were this moriing advanced upon |it no longer exisied. and accurdingly the ¢ docket upon my motion and will come | ise was dismissed at the request of the » December 6. All of these cases will, [ 7 i OST oo0 wil hold a confer- my opinion, bs as promptly disposed | eice to-day, and if they decide to continue f when reached as were the Durrant and | the effort to delay the execution they will N A probably pin their hopes on a motion to judge Fiizgernld said that the Superior | have the S"“’nddcnl_me of murder against jurt mieht resentence Durrant imme- | their client tried. Such a legal precedent g is founded upon a well-known i diately, and that his execution under the | .4 down by Justice - Coke : in low might occur on any day alter the | which the theory is advanced that mechar | arrangements had been made | wnen a man is charged with two crimes he may ask that he be tried for both on the ground that the second trial might reveal evidence that would tend to at San Quentin. - TO BE RESENTENCED. establish his innocence of the first. Dur- rant was convicted of the murder of District Attorney Barnes WIill Lose | Blanche Lamont. His attorneys have No T me in Causirgithe EXx2cu~ |striven 10 'ave the case of the death of tion <f Durrant. | Minnie Williams heard and advanced | this as one of the grounds for com- It would seem that the end is in sightfor | myiation of the death senience’ when Theodore Durrant. His attorneys, al- |they interested Governor Budd in the though declaring that they have not yet | case last June, They may urge this again | | action. | of San Diego 1n | land. He will as a ground lor securing time for the pris- oner, bu: the District - Attorney can cir- cumv such - tactics by dismissing the charge of murder a; f«r as Minnie Wil- hams is concerned against Durrant. This action would not outlaw the charge should the emergency arrive that it would be necessary to revive it, for an indictment for murder does not outlaw. Eugene Deuprey, who is the leading attornev for the condemned man, de- clares positively that he has not vet de- cided on any course of action to further postpone the execution, and he intimates that the effort may stop right now. Deu- prey complains bitterly that there were no funds available to have Durrant repre- nied by his regular attorneys before the npreme Court. He thinks that had he or some of the other lawyers who have taken an active part in the defense been at Washington the result might have been different. We have worked hard in the case, hampered as we have been for lack of money,” said Deuprey. *The case was on the calendar of the Supreme Court for de- cision on November 15, and I cannot un- dorstand why the court has returned its verdict before that date. 1 have not yet learned the purport of the de- cision beyond the matter contained in the telegrams to the newspapers, and until I hear officially from Washington I caanot speak of our {uture plans. It is a mistake 10 think that we have not yet left some re- sources to save Durrant. More appeais on other grounds than those we advanced be- for: Judge Hawley last summer for a writ of habeas corpus may b» made. [do not mean to intimate that we may adopt this | course, but simply to convey the idea that this plan is avaiable yet. Of course, we would not advance any appeal on frivolous grounds. *I contend that it will be necessary for the courts to re-sentence Durrantand that will give us at least ten days after his ap- pearance in court. No other course would be open to the District Attorney. The pioceedings b-fore the Federal courts acted as u cancellation of the aay of the death sentence and for that matter of the sentence itseif. 1 have not yet seen my mssociales to discuss any plan of future action and until we have a conterence I have an appeal pending before the State Supreme Court against the judg- ment pronounced by Judge Bahrs, on the ground that the sentence is a double one, inasmuch as it condemns the prisoner to imprisonment as well as death. OI course, Ido notcontend that the appeal will nec- essarily act as a stay of execution, but we hope tust the authorities will give us the courtesy to await the decision of the court on the pleadings we have ad- vanc=d.” District Attorney Barnes says that as soon as he is formally notified of the action of the Washington court he will consuit with Judge Bahrs about the mat- ter of fixing another day for the deatn of Durrant. He ridicules the idea that the aitorneys for the prisoner can longer suc- ceed in adopting dilatory tactics. “Techniczlly, Durrant will not be re- sentenced, but the former death order will be set for a new date. It is possble for Durrant’s attorneys to again invoke an appeal fora writ of habeas corpus when the new day is fixed, but I think such acourse would gain rhem a stinging rebuke from the Circuit Courts, and I do not anticipate that they will resort to such a plan of Such methods would defeat the ends of justice if successful and in the end it would be impossible to secure the death of a convicted murderer in this State, and the lozical end of the matter would be that some means would have to be aiscovered whereby the Federal courts would hear murder cases.” The Supreme Court might possibly emulate the example of Judge Torrance the Ebanks case and direct the Warden to hang the prisoner if further appeals were made to the Federal courts. This would precipitate a muddle that would probably be the means of placing on the Federal statute-books some new law regulating the grounds upon which appeals of the sort Durrant made might be founded, Captain Lees says the decision of the Supreme Court is a triumph for justice and he expects that Durrant’s attorneys will make no further fight. Warden Hale arrived trom Washington last night, but went into hiding in Oak- meet District Attorney Barnes this morning for the purpo-e of di-cussing the case previous to his de- partare for the prison. Should an imme- diate execution be decided upon there will be no delav on the part of the prison authorities. The scaffold has aiready been built and Durrant could be sent to his doom on an hour’s notice as far as the Warden is concerned. Attornev-General Fiizzerald will re- ain in Washington until the cases of Worden, Hill and other conaemned men are ¢isposed of. As the appeals in these cases are identical with that of Durrant it is very probable that they will be simi- larly cecided. 2 DURRANT iNFORMED. Displ-ys th> Usual Narve When Told the Supreme Court Has K lled His Last Hcpa. SAN QUENTIN PRISON, Nov. 8.— With that degree of indifference that has marked his action from the first, Theodore Durrant to-day learned from the lips of Acting Warden John C. Edgar what action had been taken by the United States Su- preme Court. It was near 12 o’clock when the news was broken to the young mur- derer. A dispatch to the prison had in- formed the authorities that the highest court in the land had sealed Durrant’s fate. Shortly aiter the news was confirmed and it devolved upon Captain Edgar to tell Durrant of it. The captain went up the short flight of stairs leading to Murderers’ Row and walked along the balcony until he came | to cell 21. Then he stopped, and peering through the wicket calied the condemned man, Durrant has been looking forwara ith considerabie anxiety for the news from Washinglon, and when Captain Edgar went to his cell and called him to the wicket he responded with alacrity. The task was not a pleasant one and Captain Edgar, wishing to have it over as | auickly as possible, told Durrant that the United States Supreme Court had dis- missed his case. The licht which made its way through the wicket and fell upon the face of the youthful murderer was dim and it was impossible to study his features and note the impression that the news made. As Captain Edgar told Dur- rant the murderer stood so that only his side face showed and no emotion was visible. Atter the official had finished speaking there was a pause of about thirty seconds, | during which time Durrant moved not a muscle. Then facing Captain Edgar, the murderer said: *'I didn’t expect anything different under the present condition of affairs. 1 put my dependence now en- tirely in the Lora.” Nothing further was said. Captain Edgar’s unpleasant duty was over and he left, wh.le Durrant moved away from the wicket. This afternoon Durrant exercised in the yard with the other condemned men, as usual. From his appearance no one would have suspected that the murderer had only a short time previous been apprised that the date of his execution was draw- ing near. It was not as cheerful in the yard to-day as usual. The sun did not shine on the walk where the murderers are allowed 1o exercise, but despite the adverse conditions and the hopeless out- look, Durrant held nis head erect and chatteu with as much v'm as usual. If anything, his manner was more cheerful than customary. e e PARENTS DISAPPOINTED. Father and Mother of the Murderer Had Hcped Their Son Wou'd Ee Saved. Durrant’s fatber ana mother have not at home last night, but neither of them would discuss the ruling of the Supreme Court ot the United States, except to say that they were disappointed. “We have every confidence in the attor- neys of Theo,’* said Mr. Durrant, “and know they will do all they can to save him from the death vpenalty. We were over to San Quentin to see Theo on Sun- day, and he was hopeful and cheerful, bearing up bravely snd hoping for a chance to prove his innocence.”” ————— TAKEN TO SAN JOSE. Aliender Removed From San Quen- tin for the Purpose of Being Rasentenced to Death, SAN JOSE, Nov. 8.—Harvey Allender, who shotand killed Walburga Feilner and Venanz Crosetti in this city on August 9, 1896, was brought here from San Quentin this evening by Sheriff Lyndon, 10 be re- sentenced to death for the murder of Miss Feilner. Judge Lorigan will set the date of the hanging to-morrow morning. Allender will be returned to San Quen- tin immediately after sentence. Allender appeared alout the same as when last here, and expresses a willingness to die to expiate his crime. —a SETTLES WORDEN’S CASE. It Is Belleved That the Condemned Train Wrecker Must Soon Face the Gallows. SACRAMENTO, Nov. 8. —The action of the United States Supreme Court in re- fusing & writ of habeas corpus to Theo- dore Durrant for the murder of Blanche Lamont, is taken here as an indication that the court will act in a similar manner in the case of Salter D. Worden, the con- demned train wrecker, now confined in the penitentiary at Folsom. Charles Aull, waraen of the State prison at Folsom, where Worden 18 confined, said to a Bee reporter this afternoon, that he anticipated that the matter would be settled by the Supreme Court one way or_another by Monday next. Worden is under sentence to hang on the 19:h of tbe present month. After Worden escaped the noose in June last he bacame very mean in his disposition, causing the prison officials considerable trouble. A few weeks prior to the date tixed for execution he was a very pious man and spent nearly every moment reading a Bible, but one day the officers found some fine saws hidden in the cover of the good book and it was taken away from him. Then he gave way to violent bursts of temper and cursed every person who drew near him. Now that the second date fixed for his execution approaches Worden 1s becom- ing pious again and as meek as a lamb, BULLY OF JULIAN MEETS IS MATCH Whipped by the Rev. Stanley Wilson, Preacher and Athlete. Attacks the Young Circult-Rider and Is Roughly Handled for His Trouble. Spectal Dispatch to THE CALL SAN DIEGO, Nov. 8. —Rev. Stanley Wil- son, editor of the Ramona Sentinel, preacher and all-round athlete, occupied the pulpit of the Baptist church at Julian vesterday morning. He preached a ser- mon full of gospel and good sense, with just enough pepper thrown in to season it. The veople up i1n the mountains liked the sermon and it strengthened their good opinion of the young circuit-rider, bat it was not a circumstance to the esteem ex- pressed for him later. According to a telephone message re- ceived from the mountain metropolis, the Rev. Mr. Wilson was forced into a fight on the n street with one Dave Patnam, who ook exception to an item lately ap- pearing in the Ramona Sentinel. The item stated that Putnam, who has been in serious troubie in and around Julian, had whipped a young fellow balf his size, and thac the day would come when the big buily would get his deserts, or words to that effect. Putnam met the young preacher after the service was ended and wanted to know if he was responsible for that item. Re- ceiving an affirmative reply, Putnam struck at the preacher. The latter doffed his plug hat and the fight begau. The town of Julian turned out en masse. Rev. Mr. Wilson is considered the best boxer in that part of ihe county, but he could not avoid a clinech, so both men rolled over and over on the ground, get- ting in a lick whenever the opportunity presented itself and kicking up a terrible dust. 3 When they were finally separated Put- nam was blowing hard and the preacher was only in his firstly. He was anxious to go ahead and give Putnam a sound thrashing. This tickled the mountaincers immensely and they cheered the fighiing parson. ACCUSES THE WIFE WHON HE KILLED Steffan Baumann’s Account of the Murder Charged Against Him. Says the Crime Was Not Committed Until He Had Been Attacked and Wounded. Special Dispatch to THE CALL SACRAMENTO, Nov.8 —S8teffan Bau- mann, charged with the murder of his wife, made the following statement over his signature to-night: She threw me out and nad other men in the house. A couple of duys ago I came in and she threw me out. She said there was a man boarding in the new William Tell House that she wanted to come and live with her. She did not want me any more. She wanted to throw me out sgain. Iwas sitting on a chair. She threw my overcoat outand siapped Iy face. She safd she bad & pistol aud would shoot me. She went iuio another room. I %oid her I had & pistol if she wanted to shoot me. 1 laid my p:siol on the table. She came out und picked it up and shot me. I went oui in the back yard and blood was ruuning down my face. I calied with my fingers 10 sonie of the neigh- bors and went into the house. The pistol was lying on the tebie, and I picked it up and shot lier und fhen laid on the floo: where she was. 1 told her L wanted her to live with me, but she said she would not; thatshe did not want me any more. I told’ ber that I would take care of her and she could have what she wanted, but she would not have me, but waunted another man. I was living on the ranch and she was here doing as she pleased with other me1. City Attorney Brown said to Baumsnn before any explanation of the shooting was made: *“"You need not make any state- ment unless you wish. Anything you say may be used againstyou. If you wish to make a statement it mnst be voluntary on your part. I will read what I have written, and you will feli me if it is cor- rect. s that correct?’ asked the City At- ney, after reading Baumann’s statement. “Yes, 1t is correct,”’ was the reply. Baumann was tnen asked to sign his name to it. - He said that he could not yet given up hope of their son escaping | write in English, and was then told to the gallows, Mr and Mrs Durrant wers make his mark, which he did, TR DVOACE ARGTED Controversy of Husband | and Wife Aired in { Court. } LAWYERS HAVE AN INNING. ' It Is Alleged That the Fickle Colonel Was a Spendthrift and Profligate. SCHEMED TO SECURE HIS SPOUSE’S WEALTH. On the Other Hand Counsel for the “Drummer Boy” Ciaims That He Was Meanly Treated, "Special Dispatch to THE CALL. BOSTON, Nov. 8.—The trial of the di- vorce case of Mary N. Walker against Myron P. Walker was concluded in the Superior Court at Northampton to-day. Colonel Walker was not present. Mrs. Walker was called for further cross-examination and also gave some re- diract testimony, She said in substance that she had no knowledge of infidelity on | the part of Colonel Walker prior to 1894 | €XCept mere rumors. | There was trouble in relation to the Belchertown house. May 14, 1897, Colonel Walker wrote to the witness that he de- sired to protect himseif, and he sent to | her a copy of the bill in equity that he proposed to file and with it a letter sug- | gesting that compromise was preferable to fighting 1n the courts. | Proprietor Ham of the old Glendower | Hotel in Springfield testified to seeing Colonel Walker and Mrs. Skiff together several times, and Richard J. Griftin, a messenger-boy of that city, told of seeing | Mrs. Skiff in the colonel’s rooms at the Haynes about 7 ¢'clock one morning. i\ This concluded the evidence, and Attor- | ney Bumpus made his argument. Some | of the more important points to which he | alluded are these: That this was the most | unfortunate case he had ever been called | on to conduct; that this case had caused | the colonel’s friends to desert him, his standing, which had been of the best, | had been damaged, and only the assump- | tion of his old position could repair it. Bumpus claimed that he had been meanly treated by this woman, that when he suc- ceeded 1n politics there was no better man, but when he was defeated she cast him off, took all his money, gave him =2 mere pittance, and that he was treated as a toad that could be pulled hither and thither. She wished him to be depen- dent, and wanted to deal out to him his | carfare. He reviewed theevidence to show that she deserted him and in closing held that she had no ground for divorce under the circumstances. | Mr. Lathrop, counsel for Mrs. Walker, closed with a brilliant argument, He re- futed the claims of the opposing counsel | as to rights the court had to refuse to grant the libel as sued for on the ground | of adultery if the libelee had been guilty | ot desertion, and’ maintained that no de- | sertion had been planned or attempted. He said: i “My brother lawyer would have the | court believe that a woman must of ne-| cessity supply the funds for the man to do ased, If she happened to be his “In hisbill of complaiot Colonel Walker made as nasty a threat as was ever made to a woman and in the politest way and | most polite language. He would have the court believe, as my brother has put ; it, that she, his wife, would make him but the mere appendage of a rich woman. There was no vulgar quartel. The letters | show this, and the appearance of Mrs. | Walker on the stand has so disclosed her | nature as to make it apparent that this WO be impossible for ber. “it wasa terrible crucifixion of her sensi- bilities, when in 1886 Colonei1 Walker com- | menced a career, without cause and through caprice, which was unnatural and unwarranted—a total refusal on the part of Colonel Walker to mainiain a mar- riage relation as man and wife with Mrs, Walker. From that year on Mrs, Walker was consumed with apprehension. The honesty and_sincerity of the woman can- not be questioned. But through all the years, from the time in 1886, when Colonel Walker first saw the 1nevitable result of his deeds, he was attempting to fortify his position and | come out of the trouble with something | for himself, that something to be money. There was a glowing symmetry and con- sistency in all his acts as viewed from the | present. | “The ingonuity of Colonel Walker worked with the intention of forcing a de- seruon. This conclusion must be arrivea at from the evidence. He desired eman- cipation coupled with the money. Judge Bumpus cleverly wishdraws from any at- | tempt to defend his ciient from the charges of adultery, and sets up the coun- tercharge of desertion. Not a single word in defense is offered. Colonel Walker evi- dently has a ramnant of the gentlemanly nature which was formaliy his, for he has refrained from appearing in court. “Colonel Walker, once a gentleman, was in 1892, reeling from his cups to his concupines, openly and before people he knew. He was a profligate. Toere is no refuge for him in the contention raised that his wife deserted him. No, not even if Mrs. Walker did accomplish a desartion. I do not consent to the granting of a| single prayer to tne defense.” Judge Gaskill then took the cese under advisement, and decision will be given later. Pacific Coast Pensions. WASHINGTON, Nov. 8.—Pensions have been wranted as follows: California: Original—James Smith, Soldiers’ Home, Los Angeles; Robert T. Axtell, Zrato. Increase—James R. Jewett, Diamond Springs. Original widows, etc.—Elizabeth A. McCarty, Sacramento; Elizabeth Friesel, Napa. Oregon: Restoration and increase— Austin Mann, dead, Alphia. Original widow, etc.—Minors of Austin Mann, Alphia. Washington: Original—John W. Dean, North _Yakima. Original widow, etc.— Louis J. Harper, Vancouver. s i i Catifornia Po:tmasters Appointed. WASHINGTON, Nov. 8.—The following California Postmasters were appointed to- day: S. P. Giacomini, at Capetown, Hum- boldt county. vice R. Giacomini, resigned; Mis. May Frembd, at Earl, Humuoldt county, vice W. J. Asbill, resigned; Silas John S. N. Sulton, at Sea View, Sonoma county, vice C, B, Cone, resigned, THE MOST NEW TO-DAY — CLOTHING STUPENDOUS SALE EVER MADE IN "FRISCO. PRICES THROWN TO THE WINDS! Only once before have we ever paralleled this marvelous offer and Clay’s Worsteds Mixed Worsteds in dark shades. The Suits are made in Single and Double Breasted Sacks and 3-Button Cutaways. During this sale our for the above descriptive Suits and Overcoats is $10.00. will acknowledge worth double. Our special lines of they price You are Suits are wonders, and as such are fast disappear- ing. Your money never went so far before in purchasing clothing. Of their fine J. side. Corner Powell a fashioned. all over the city at $2.00. for $10.00. The fly- front Overcoats and Suits are gems. Beauti- ful effects in grays and browns. Cheviots in blues and blacks ; Kerseys and Beavers, all shades; pretty $7.50 and $8.50 All-wool ’ our $1.85 All-wool Trou- sers we have several lines left. After this sale they go back to regular price of $2.50. We place on sale the well- known Medlicott Underwear— gray natural wool, full- Price $1.35. Sold B. Stetson’s world-re- nowned guaranteed Hat $3.95. Established price $5.00. elsewhere The largest number of tail- ors on the Pacific Coast are employed by us, and work in full view on the Geary-street N.W00D; e Columbian Woolen Mills), 718-722 MARKET STREET nd Eddy Streets. T0 TAKE THE PLAGE OF JUSTIGE FIELD McKenna Preparing for the Vacancy in the Supreme Court. Runnels, Counsel for the Pullman Company, to Be A~ torney-General. Special Dispatch to THE CALL NEW YORK, Nov. 8.—A special to the World from Washington says: It is gen- erally understood that Attorney-Gesneral McKenna will retire from the Department of Justice about December 1 to take the place on the Supreme bench to be made vacant by the retirement of Justice Field. The man now most prominently men. tioned for the attorney-generalship is Jobn 8. Runnels of Chicago, general counsel for the Pullman Palace Car Com- pany. Mr. Runnels has a high reputation as a lawyer and was suggested for the attor- nev-generalship by several irfluential voliticians when the Cabinet was being formed. He was seriously considered by the President and might have been ap- pointed had not Mr, Pullman, hearing of the situatisn, informed Mr. McKinley that he did not wish to lose Mr. Runnels, and Lis request was respected. | _Now that Mr. Pullman is dead and Mr. Runnels is no longer under obligations to the head of the corporation, he will doubt- less feel free to accept the p.aceif it is ten- dered him. He is a persona! friend of Speaker Reed, Senators Quay. Al'lison, Gear, Platt and many other well-known leaders, A P LAST SPIKE TO BE OF GOLD. Will Be Driven at the Sierra Kailway’s Terminws on Wedn -sday. OAKDALE, Nov. 8.—The driving of the last spike, celebrating the completion Of the Sierra Railway, will take place at Jamestown, the terolinus of the road, on Wedxxe§dny morning at 11 o'clock. Prince Poniatowski, the president of the road, will drive tbe golden spike. Ex- cursions will be run from Stockton and Oakdale, Preparations for a gala day are being made at Jamestown. - FEOST ELECTED TREISURER. Discovery of an L the Count of Sacramento’s Vole. SACRAMENTO, Nov. 8.—In canvassing the returns to-day the City Trustees dis- covered an error which completely changes the situation so far as City Treasurer 1s concerned. The Trustees official canvass increases F vote 51 ana decreases Carmichael’s 31. This gives | Frost, Republican, a total guin of Car- michael's majority of 8 tuken irm the 62 leaves Frost a majority of 54 The canvass is uoc compleced, but 1t is not probable that Frost’s present majority will be affected,