The San Francisco Call. Newspaper, December 29, 1897, Page 14

14 THE SAN FRANCISCO CALL, WEDNESDAY, DECEMBER 29, 1897. LICHTS OF THE BENCH ARE AT WAR Police Judges Low and Campbell Dif- fer on Bonds. The Matter Is to Be Test- ed by the Superior Court. Sidney Kellet’s Release Causes a Rupture Between the Magistrates. ETHICS NOT OBSERVED. Alma Osborn's Case Recalled by the Matter That Has Caused the Trouble. There is war to the knife between Police Judges Low and Campbell, and | the ex-journalist has pulled legal lore | on his bewhiskered opponent to prove that the latter has Infringed not only the statutes, but the ethics of the bench. The trouble all arose over the bonds | in the case of Sidney Kellet, who was | taken into custody by the police be- cause he happened to have a kit of burglar tools in his possession. Judge Campbell released the young man immediately after his arrest, on bonds that were alleged by an even- ing paper to be of a straw character, and the matter became so warm that the Grand Jury took the matter up | and held an Investigation. Judge Campbell made out so strong a case that he finally charged Fremont OIl- der, editor of the evening paper, with criminal libel because of publications regarding the case, and announced his intention of pushing the case to a finish. The last Grand Jury was called upon { to adjourn before the matter could be cluded and in the meantime the case came up before Judge Low for trial. Kellet was found guilty on the two charges and sentenced to six months’ imprisonment in the County Jail on each charge. Judge Campbell releas appeal bond of $500 on e: then the trouble began. Judge Low alleges that Judge Camp- bell had no legal or other right to ad- mit Kellet to bonds and brings law to prove his assertion. He relies on sec- tion 1291 of the Penal Code, that pro- vides that bonds in appeal cases from the Police Court may not be accepted except by the committing magistrate or a court having the right to grant a writ of habeas corpus. Judge Camp- bell has no right to grant a writ of habeas corpus in a matter of this kind, and therefore Judge Low looks upen his porition as secure. To make certain that he was in the | right, Judge Low applied yesterday to Chief of Police Lees and after the vet- eran head of the department had had | time to look up the law he announced | that he thought the Judge Low was right, and that Kellet should be held. Judge Low is firm in his intention of testing the matter and the Superior | Court will be given an opportunity of | passing on the merits of the law on | which Judge Low relies. The police and Judge Low call at- | tention to the case of Alma Osborn to show the danger of allowing any but a2 committing magistrate to accept bonds in Police Court cases. In this case the defendant was arrested for grand larceny and on a bond issued by | & Judge other than the one issuing the commitment regained her liberty and | immediately left the State, and has no been within the reach of the police since. TRICKS PLAYED 0N LIVERY MEN The Police Searching for J. R. Gavin, Alias Spencer, Alias Green. Subsequently | d Kellet on an ch charge and His Speciaity Is to Hire a Horse and Buggy and Sell the Rig to the Highest Bidder. A man known sometimes as J. R. Gawin and at other times as J. R, Spencer or J. R. Green is wanted by the police on a charge of felony em- bezzlement. Gavin’s specialty is in defrauding Mvery stable men by hiring a horse and buggy and selling the outfit to some dealer on the pretext that it be- longed exclustvely to him. On the morning of December 15 he ‘went to the Club Stables at 409 Taylor street and hired a horse and buggy. He sald his name was J. R. Spencer and he was collector for Knox & Co., real estate agents. He did not return with the rig and an investigation showed that he had driven to Newell's stables on Fourteenth and Mission streets and sold the rig for $25. About an hour later he called at the livery stables of R. E. Cole, 246 Third street, representing that he was J. R. Gavin, a collector for Knox & Co., and asking for a good turnout as he wanted to make a good impression upon the people while driving around for his collections. He got a turnout that Cole values at $215 and failed to return it to the stables. Cole reported the matter to the po- lice, and after a patient investigation it was ascertained that Gavin had crossed the bay with the rig and sold it. to a tea dealer named Nash on Twelfth avenue, Oakland. He told Nash that his name was Green and that he wanted to dispose of the rig as he was leaving for the East. He sold it for $55. Yesterday morning Cole swore to a complaint in Judge Conlan's court for Gavin’s arrest on the charge of felony embezzlement, and the police of Oak- land and this city are looking for him. —_———— Foresters’ Entertalpment. Court Bay City of the Foresters of America will give an entertainment this evening in Native Sons’ hall, and the committee having charge of the affair promises an interesting programme. —_———— Cure your cold with Low's Horehound Fough Byrup; price 10c. 417 Sansome st. ¢ | doubt as to the complete success of the WORKING 10 CROWN KING GOLD His Scepter and Royal Paraphernalia Be- ing Made Ready. Scenes of Activity at the Headquarters of the Executive Committee. Preparations for Adorning the City in Honor of the Semi- Centennial Event. THE INTERIOR RESPONDS. Assurenee of a Successful Fair—All the Pavilion Space Now Reserved. A vast deal of preparatory work for the golden jubilee celebration is already done, but much more must be accom- plished in order to execute the elabor- ate programme laid out for the event. The headquarters of the jubilee execu- | tive committee at the Palace Hotel pre- sent scenes of constant activity. The work of preparing for the miners’ fair at the Pavilion is keeping pace with the vast preparations for the street pageant. All the space in the commo- | dious Pavilion has been reserved. The joint board of trustees of the California | Miners' Assoclation and the Meachanics’ Institute is now assured of a most suc- cessful exposition. The displays will consist largely of outfits nccessary for mining expeditions, and will represent the various kinds of merchandise de- manded by the miners. The collections will be displayed in a style that will engage the attention of observers. The fine exhibit which Nevada sent to the World’s Columbian Exposition will be brought intact to the Pavilion. The Mining Bureau of this State will make an exhibition of merit and attraction The entire exhibit of the State Board of Trade will be transferred to the Pavilion. The last lingering vestige of fair has been dispelled by the respons recefved from the mining counties of | California during the past week. Fifty | tons of ore from celebrated ledges of this State will be shipped to the Pavil- ion, and there the processes of re- duction and manipulation will be illus- trated for the enlightenment of vis tors. At this time the largest degree of public interest pertains to the golden | jubilee parade and celebration. A large sum of money will be required to carry forward the jubilee on the lines proposed, hence a heavy share of the responsibility now devolves upon Ed- | ward Coleman and his associates of | the flnance committee. Conferences | with leading men who are recognized | as the exponents of public spirit and the advocates of progress have been arranged for an early date. The col- lections so far from the miners and the Native Sons are encouraging, but more money than has yet been con- | tributed or promised must be secured | in order to make the celebration credit- able in the highest degree to the city. An Interesting event of the Jubilee week will be Native Daughters day, January 25. At the Palace Hotel last evening the Daughters met to confer with the executive committee in re- gard to tableaux and floats. Mrs. C. S. Baker, the president of the delega- | tion, presided and received the sugges- tions of the meeting. tendance and the spirit manifested The large at- of progress | indicated that the Native | | Daughters are fully alive to the im- portance of the half-centennial event. | The Daughters of California will keep | open house at Native Sons’ Hall on | Januery 25 for the | visitors. A number of designs for the pro- posed arch to span Market street dur- ing Jubilee week were submitted tothe Golden Jubilee parade committee yes- terday afternoon. Among them was one exhibiting admirably the progress reception of | achieved by California during the past fifty years. This contemplated arch | will measure fifty feet from the pave- | ment to the top, which consists of a | figure of the Goddess Eureka stand- ing on the summit of Telegraph Hill. The thickness will be from sixteen to | eighteen feet, and the height of the clear space will measure thirty-six | feet from the street below. The right- hand half of the arch, as one approaches, is covered with pi tures characteristic of the year 1848; primitive houses, casting a dim light at night; an old-fashioned war frigate entering the bay; a pioneer train crossing the plains, and a miner at | work. On the left hand side in cor- responding position are houses of to- day, brilliantly illuminated with elec- tricity; a modern warship with its at- | tendant searchlight; steam railroad | trains rushing across the once deso- late plains, and a native son in the act | " DR. JAMES 1. STANTON, the Well-Known Physician, Who Succumbed to Preumonia. Dr. James I. Stanton, the well-known physiclan and surgeon, and mem- ber of the State Board of Railroad Commissioners, dled early yesterday afternoon of pneumonia after a desperate battle with the dread disease. Dr. Stanton had been ill for some days, but up to Monday night hopes of his recovery were entertained by the physicians in attendance. Yesterday, however, the malady took a turn for the worse, and in spite of the efforts of the best medical skill he succumbed. The attack that caused his demise was contracted while in attendance on a brother who died a few days ago, and had attained a strong hold on the physician before he gave up and took to his bed. Dr. Stanton’s father, James Stanton, the capitalist, prostrated by the death of his two sons, is himself now in a serious condition. Dr. Stanton was noted for his charitable acts as well as his learning. No man, woman or child ever went to him In distress .without being re- lieved to the best of the physician’s ability, whether the patient was able to pay or not. He was one of the chief supporters of many charitable institu- tions, and gave his money as well as his time whenever they were asked. As a physician and surgeon he ranked high, being the favored pupil of Dr. James Murphy, his uncle, and Dr. S. S. Stambaugh, the well-known sur- geon, both of whom recently died. tice. He enjoyed a large and lucrative prac- Dr. Stanton was born at 1838 Mission street, this city, in May, 1860. As a boy he attended St. Ignatius College, which then stood on the site now oc- cupfed by the Parrott building. Later he attended college in Santa Clara, where he was graduated with high honors in 1879. He then took a course in the medical department of the University of California, which he com- pleted in 1882, Not seeking for political fame, he was fairly forced into politics by his friends, and in 1887 he was elected Coroner by a large majority. In 1893 he was appointed by Mayor Ellert to fill the unexpired term of Supervisor Montgomery of the Third Ward, and in 1894 he was elected Railroad Com- missione: In this position he made an enviable record as the friend of the people, and was in line for other honorable positions, having been offered almost any nomination he might be willing to accept. His demise will be mournea by a large circle of friends. The funeral will take place to-morrow morning at 9 o'clock from the deceased’s late residence, 1833 Mission street. From that place the remains will be taken to St. Ignatius Church, where a solemn requiem mass will be celebrated for the soul's repose. metery and will be private. beneath the Goddess Eureka, ‘‘Pa. beneath the frigate, and *Pres beneath the warship will be {llumin- ated by electric light, as well as the dates 1848 and 1898 on the right and left sides respectively. The two sides of the arch will be similar. A meeting of the Golden Jubllee parade committee was held yesterday afternoon with J. H. Grady in the chair. A committee of representatives from the San Francisco Turn Verein, consisting of Albert Furth and E. C. Fleischer, was present by invitation. It is the intention of these gentlemen to confer with the various turner so- cleties of San Francisco with the pur- pose of entering a turners division in the Jubflee parade. Father D. O. Crowley, chaplain, and Patrick Broderick of the Ancient Order of Hibernians were also present at the meeting. They reported that on Mon- daynight last an enthusiastic meeting was held of the representatives of the twenty local divisions of the order. The invitation of the jubilee parade com- mittee was unanimously accepted, and the Hibernians plan to communicate with the other Irish societies, including I | the Knights of the Red Branch Rifies, Knights of St. Patrick and St. Pat- rick’'s Mutual Alliance, In order to make plans for the formation of an Irish division in the parade. The An- | cient Order of Hibernians will meet next Monday night, in conjunction with theYoung Men’s Institute, to dis- cuss parade matters. Colonel Smith, chief of staff to Grand Marshal Morse, reported that Colonel John Koster had accepted the position of chlef aid in the parade. Colonel Smith was appointed a committee of one to confer with the United States army officers in regard to the list of military games to be held. It is the idea of the parade committee to hold such events as wall-scaling, bridge- bullding and equipment races in some The interment will be at Holy Cross the cavalry and artillery maneuvers executed at the Presidio. Sequoia Parlor No. 160, in response to a request made by the parade com- mittee, has furnished the names of A. C. Pistolesi, James B. Tyson and George Hasselbach to represent them in the cavalcade of aids at the head of the parade. The committee decided to offer the following prizes for the best-decorated house, store or building during jublilee | week: First prize $100, second $75, third $50, fourth $25. Letters were sent by the executive committee to Lyman T. Gage, Secre- tary of the Treasury, and to James A. Gary, Postmaster-General, requesting them to order that theemployes of the | Federal departments in this city under their direct supervision shall be grant- ed a holiday on January 24, in order to enable them to participate in the jubi- | lee_celebration. Frank G. Rohner, the well-known organist, has written and published the music of the March.” The title page, handsomely illustrated, bears the announcement that the composition was written in commemoration of the fiftleth anni- versary of the discovery of gold in Cal- ifornia, and dedicated to native sons and daughters of this State. Instead of a fioat the Native Daugh- ters have decided to embody In the parade an original idea which they have partially decided upon, but which they desire to keep secret in order to Insure its effectiveness. The committee chosen to carry out this idea consists ¢f Miss Mamie E. McCarthy, Mrs. E. ‘W. French, Mrs. N. Rader, Mrs. M. H Greene, Mrs. L. A. Carlye, Mrs. Laura Champion, Miss Rosa Day, Mrs. Fan- nie De Roos. It was decided last even- ing that all the N. D. G. W. parlors In Ban Francisco, Oakland and Alameda shall be present at a joint meeting in N. S. G. W. hall Sunday, at 2 P. M. DESIGN FOR AN ARCH ON MARKET STREET. “Golden Jubilee | SAILORS WORSTED - FOOTPADS A Christmas Episode in Which Outlaws, Were Matched. Attempted With a Revol- ver to Hold Up Two Seamen. A Terrific Struggle Followed and the Bold Robbers Turned and Fled. KNIVES VERSUS PISTOLS. Two of Them Are Ex-Convicts and They Are All Locked Up in the City Prison. Christmas morning three footpads attempted to hold up two sea-faring men who live at the Sailors’ Home. They did not succeed, and are now in Jail—for two of the trio, at least, not a new experience. The prisoners are Barney Haskins, E4 Fennessy and | John Collins, Haskins and Fennessy being ex-convicts. Powell Rlemer and John Tove, the sallors, were on their way home at 2 A. M. They had reached the corner of First and Howard streets when the robbers confronted them, Haskins dis- | playing a revolver and ordering them |to hold wup their hands. They did not obey. Riemer sprang | at Haskins, grasped the arm that | extended the weapon, forcing the muzzle downward. He had suc- ceeded in wrenching the revolver from Harkins, when Fennessy jumped at of it. A terrific struggle fol- lowed, and Fennessy was getting the | worst of it, when Collins went to his | assistance and seized the revolver. | Harkins meantime had drawn a knife | and kept Tove at bay. As soon as | Collins took the weapon from Relmer, | who is a powerfully built man, Riemer | saw Harkins with the knife in his hand | and drawing a knife from his pocket he made a rush at Harkins. The | three robbers turned and fled, disap- | pearipg in Ryan's saloon on the oppo- site corner. Riemer and Tove reported the at- tempted robbery to Policemen Long and T. C. Murphy, but they could not find the three men, and Detectives | Ryan and O'Dea were detailed on the | case. | “They were able to obtain a good de- | scription of the men from the sailors and also from Ryan, the saloon-keeper, and Sunday afternoon Collins was ar- rested. Harkins and Fennessy Kkept out of the way, but yesterday after- | noon the detectives caught them and | locked them up in the City Prison. | The three men were identified by the | two sailors and were charged with an | attempt to rob. Riemer declared yesterday that if | | Harkins had not turned and fled he | would have made him a subject for the | Coroner. HALF-INTEREST DEAL. J. M. Kennedy of Santa Cruz Wants H. Wehner Arrested for Embezzlement. J. M. Kennedy recently came to the city from Santa Cruz with theintention of investing his money in some lucra- | tive business. He saw an advertisement in The Call that a partner was wanted In a paying | | real estate business at 24 Third street. He called there and was received by H. Wehner, who has been in trouble | before. After talking about business pros- pects, Wehner offered to seil Kennedy | a half-interest for $250, which would in- | clude the fixtures. Finally it was| agreed that Kennedy should pay $100 down and the balance when he satis- fled himself that Wehner's representa- tions were true. Kennedy made an investigation and discovered that very little business was being done, and that the fixtures be- longed to Riordon, a printer, next door. He accused Wehner of swindling him, and Wehner promised to return the $100, but since then Kennedy has been unable to find him. Yesterday morning Kennedy swore to a complaint in Judge Joachimsen’s court charging Wehner with grand lar- | ceny, and his bonds were fixed at $1000. | R | @ Soverelgn Remedy. Dr. Parker's Cough Cure—One dose will stop a cough; never falls; price 2c; all druggists. - THREE BAD BOYS. Judge Campbell Ha® a Difficult Problem to Solve Regard- ing Them. Three bad boys, Julius Monterichard, Edward Kerby and Joseph Fountain appeared before Judge Campbell yes- terday to answer a charge of petty lar- ceny. Last Thursday Monterichard, the oldest of the trio, gave Fountain 25 cents to go to a cyclery at the park and hire a bicycle. He did so, and the three went to a second-hand store with it, Kerby going in and selling it under the name of Herring. They all swore that an unknown fourth boy hired the bicycle and sold it, but the evidence against them was too strong. The Judge was puzzled to know what to do with the boys. The Boys’ and Girls’ Aid Society refused to take either Monterichard or Kerby, as they had been with them before and were incorrigible, but they agreed to take Fountain, the youngest of the trio. Monterichard has been arrested for robbery, burglary and petty lar- ceny. He is only 14 years of age. The Judge continued the case until January 38, and meantime he will see what is best to be done with the boys. —_—— W. H. Gagan Is Very 111 Willlam H. Gagan, the well-known druggist and ex-newspaper man, is lying dangerously 1ll at his home, 2605 Folsoms street, and the physicians in attendance give little hope of his recovery. Mr. Gagan, who was at one time the fore- man of the Grand Jury, has been suf- fering from compiicated lung troubles for some time and about a month ago was him and tried to obtain possession | own | forced to Eive up his busi e p ness and take iliness of NEW TO-DAY—DRY GOODS. o e SPECIALS —FOR— The ¥Holidays. An El egant Stock Very Low Prices. SILK AND SATIN EIDERBOWN COMFORTERS ceeeeee--$8.00 t0 $25.00 each SILK AND SATIN EIDERBOWN PILLOWS LADIES’ FANCY SILK SKI LADIES’ FANCY LAWN APRONS... ...... $150 to $6.80 each coieen$5.00 10 $25.00 each LADIES AND GENIS' SILK DN ers— DERWEAR—shirts amd draws $3.50 to $5.00 each LADIES’ AND GENTS' SILK UMBRELLAS......$2.00 to $9.00 cach LADIES’ SILK HOSE. .. GENTS' SILK INITIALED HANBKERCHIEFS 175 to $350 pair LADIES' AND GENTS' PURE LINEN INITIALED HANDKERCHIEFS - 163c to 50c each o, u3, us, 1T, 19, 1 21 POST STREET. SAID A WITNESS WS A LIAR President McMullen of the San Francisco Bridge Com- pany Fined. The Big Man Wanted to Fight a Little Fellow in Judge Heacock’s Court. John McMullen, president of the San Francisco Bridge Company, was fined $250 for contempt of court yesterday morning by United States Circuit | Judge Hawley. In addition to paying the fine McMullen was obliged to pay the costs of the court for fining him, which increased the amount he had to pay to $274 40. The offense for which he was fined took place on Monday af- ternoon before United States Commis- sioner Heacock and it was for using language unbecoming the dignity of a gentleman in the presence of the court. Testimony was being heard in the suit of A. B. Bowers against the San Francisco Bridge Company for in- fringement of a patent on a dredger. John H. Miller, one of the attorneys for Bowers, was on the stand as a witness, and in the course of his evi- dence he said McMullen had been in doubt about seeing a Mr. Theller, an official of the Bowers Company, in re- gard to the disputed patents. McMul- len interrupted the witness, and jump- ing to his feet said: “I don’t know Theller from a side of sole leather. You are a dirty liar. Resent it If you | want to here, now or anywhere.” The rest of his remarks were lost in the confusion. McMullen wanted to fight and the witness whom he picked out for a foe paled and cringed in the wit- ness chair. McMullen was in a rage, and it took some time for the officers of the court and his friends to calm him. He is a big man, heavy and muscular, while the man he wanted to fight was a little fellow. Commissioner Heacock adjourned the hearing and sent an account of the pro- ceedings to Judge Hawley, who ordered McMullen to appear before him yester- day morning to show why he should not be punished for contempt. McMullen excused himself on the plea that he was of an excitable tempera- ment and that he was extremely sorry for what he had done. He apologized to everybody concerned in the incident and the-Judge, taking the sorrowful aspect of the offender under consid- eration, imposed a small fine of $250 and costs and remanded him into the custody of the Marshal until the fine was paid. McMullen soon redeemed himself from custody. —_—— Richmond Halls the Day. The Rev. A. Anderson, with his lttie flock of Methodist worshipers, were not unmindful of the Christmas joys. In the little hall dedicated to worship In the Richmond district were assembled last night those who take delight in seeing the little children made happy over their Christmas tree. This small but earnest congregation has so increased in num- bers as to justify the pastor in the bellef that there is room for a growing church of the Methodist denomination in the Richmond district. The meeting last Most Complexion Powders have a vulgar glare, but Pozzon:’sis & night justified this conclusion; the little hall was nlled to its utmost capacity. The children under the training ot John , Lee, the SabBath school teacher, sang and recited their parts very safisfac- torily. — e AWAITING DR. NANSEN. Scandinavian Societies Preparing to Give Him a Royal Reception. The Nansen committee has com- menced its work with a vim and the movement has caused a general stir among the Scandinavian people of San Francisco. A letter has been sent to the various Scandinavian institutions and organizations brifley stating the object of the committee, which is to provide a suitable reception for Dr. Frithjof Nansen on the occasion of his expected visit. All Danish, Swedish and Norwegian societies and churches have been re- quested to appooint a member of a committee on programme and recep- tion to be known as the National Com- mittee. Dr. Nansen's arrival may take place at an earlier date than supposed, and the committee is therefore anxious to have everything in rewdiness. The next regular meeting will be held on Mon- day evening next at the office of Oli- ver Olsen, 14 McAllister street. The committee so far consists of: Elias Ruud, John Feren, John S. Lindtner, A. Biolstead and Oliver Olsen. NEW TO-DAY. The only genuine Hunyadi Waten. Hunyadi Jinos BEST NWATURAL APERIENT WATER consnmrfifon— DYSPEPSIA, LIVER COMPLAINTS &HEMO RRHOIDS ““The prototype of all Bitter Waters.” Lancet “‘Speedy, sure, gentle.” British MedicalJournal CAUTION: Sec ibat the labels bears the signature of ihe firm Andreas Saxlehner. Wise Men Say “‘Health is better than Wealth.” WILBOR'S Consumption, Coughs, Colds, Bron. chitis, Debility, Wasting Diseases, Asthma, Influenza, Scrofulous Humors, etc., ete, Physiclans vrescribe It All druggists sell it, Ask for WILBOR’S and take no other.