The San Francisco Call. Newspaper, February 16, 1898, Page 12

THE SAN FRANCISCO CALL, WEDNESDAY, FEBRUARY 16, 1898. 12 i S L ——__ FLOOD’S LIPS ARE UNSEALED The Aged Cashier Says He Did Not Gain by Donohoe=Kelly Books, Coogan and Fox Are Thought to be the Men Who Made the Money and Pardon Will Be Asked. According to a confession made to Attorney W. W. Foote, the lips of James W. Flood, the convicted cashier, who is serving a term at San Quentin for embezzling funds of the Donohoe-Kelly Bank, will be unsealed at a meeting of the prison directors to- day. He will ask for a pardon, and the aged cashier’s defense will be, in short, that he was a partner of the firm, and that he acted as he did in the matters that caused him trouble because he w a partner, therefore without criminal intent, and that he did not have a fair trial. It will be contended that Flood, in the capacity of partner of the firm, loaned an amount exceeding one hun- dred thousand dollar: He advanced this amount to James Coogan and one Fox, who married daughter of Sen- ator Stewart of vada. hese men had h a number of tra ctions at nd their credit had always been Coogan was asphyxiated soon the transactions that caused Flood trouble and Fox was never found afterward, from which it was inferred that he made a sudden exit froin the country. Whether Coogan committed suicide or was acci- dentally killed has never been ascer- tained A significant fact about the appeal for mercy is that if the convicted cashier had told all he knew long ago, owing to the fact that he was in no r benefited by the crime, it is that he would never have been lled to serve in the penitentiary. cording to Flood's story he ad- i the money in question without : wledge or consent of the bank. At the time of the alleged crime the bank had just sustained a shortage Altering the owing to bad loans to a man in Contra Costa County whose name is unknown to the general public. Flood, it seems, did not desire to have his bank know | that he had advanced the money which got him into trouble, so he hoped | nst hope that he could in some way retrieve the losses that occurred by re: n of his unauthorized lendings. If the story of his confession is to be believed Flood took considerable money of his own and put it into a sort of | hotch-potch fund so as to hide his loaning transactions from the knowl- edge of his partners. In seéking to hide the knowledge of what he had done from his partners the cashier was finally forced to falsify his books. One of the strong points of the case will be that Flood’s conduct was wholly without criminal intent. It is alleged that he did nothing for per- sonal gain and that he was driven to act through fear of involving himself in trouble with his associates, and be- | cause he, as cashier and a partner in the transactions, was not to be judged on the basis of a criminal. Seen at the penitentiary though quite reticent regarding transactions that involved him trouble and disgrace, said: “I am as innocent of the crime as you are, but I cannot talk about it. I have no right to do so and I shall not. “Will you deny that a man named | Fox received about $50,000 of the money which it is alleged you embezzled?” he Flood, | the in was asked. For the moment he thought and then said: | “I will say nothing whatever. I am | innocent, and that is all.” | He asked the reporter to realize the position he was in and said he did not see how he could say anything. To-day the Prison Directors will meet in special session. The regular meet- ing should have been held last Satur- | day in San Quentin, but owing to a | lack of attendance it was adjourned. | A NEW FEDERAL VOLCANO RUMBLES Former Clerks of Collector Welburn Demand Reinstate- ment Without Fine. United States Senators Will Enter the Lists and Make Their Fight. That there is another volcano nearly ripe in the old red Federal building there is no doubt in the minds of those who know what is going on in political circles. The present perturbations and rumb- lings hover about the former precincts of ex-Collector O. M. Welburn, and af- fect three clerks who were his tried and trusted friends during his term of office. These clerks are at present on the sus- pended list, owing to the evidence of W. H. Dillard, the strange colored clerk, who was contradicted by all of them, and owing to the recommenda- tions, so reports go, of Captain Thrash- er, the relentless sleuth of the revenue department. If current reports be true the odd feature of the case is that the row caused by the action of the local de- partment involves the reinstatement of more Democrats than Republicans, though Republicans in power seem to be more eager for the reinstatement than the Democrats themselves. The | general opinion is that the matter will soon reach a determination. The sus- pended clerks feel sure that they will all be reinstated without loss of salary for the many months they have been idle since tbe trouble first began. According to current reports Miss Alice Davidson, J. H. Zemansky and E. T. Lennon, clerks who were sus- pended because Dillard swore that they authorized him to sign their certifi- cates, though all contradicted him, are making Rome howl. They have friends in Congress and out, and they are bending every energy to have the dis- mantled clerks reinstated without any loss of salary and without disgrace. “It has been rumored in Federal cir- cles for several weeks,” said a well-in- formed officlal yesterday, “that Collec- tor Lynch at one time received specific orders to reinstate all the clerks with- out loss of salary. Captain Thrasher, who has been trying to make a record, objected, and for that reason there has been a delay in the execution of the order, but for which circumstance all the clerks would have been back to their places long ago, and the trouble growing out of the Welburn affair, so far as it affected others than he, would have been a matter of the past.” Messrs. Gllchrist, Zemansky and Lin- non denied the story told by the colored clerk Dillard, while Miss Jessup, who also knew of the story, was not called at all. According to reports current in Fed- eral circles Senators White and Perkins have decided that if the suspended clerks are not soon reinstated they will introduce a resolution in the Senate asking that the entire case affecting the Collector’s office be investigated by proper Federal authorities, in which event there would be more of a stir over local Federal politics than has been heard in half a generation over matters of even far greater import than the status of a few clerks in a sub- ordinate position. Though Collector Lynch has studi- ously avoided mention of the fact it is now known that all of the clerks who lost their places by reason of the evi- dence of Clerk Dillard some weeks ago filed a spirited reply to the charges against them. This was on record soon after the trouble though this fact and the contents of the reply have been carefully suppressed by the Collector. The clerks who are ‘on the inside say that the present Collector is almost | wholly under the domination of Captain | Thrasher. They are not opposed to the captain, but they say he is so pugna- | cious and so angered because the jury found Welburn not guilty that he can- not for a moment tolerate any of the former Collector’s friends. BACIMANY IS BADLY WANTED He Was Treasurer of the San Francisco Grutli- Verein. The Society Defrauded Out of Over $1200 and His Creditors Left Unpaid. The police are making diligent in- quiries in different parts of the State for John Bachmann, a saloon-keeper at 10 E street, but they have small chance of locating nim as he has had several days’ start of them. Bachmann besides carrying on the business of a saloon-keeper was treas- urer of the San Francisco Grutli-Ver- ein, an organization established for benevolent and social purposes. It has a membership of abcut 300 and has its headquarters at 421 Post street. The secretary is Charles Mueller. The organization gave a masquerade ball on February 5 at Saratoga Hall It was a great success, and after pay- ing all expenses there was a sum of over $600 to be handed over to Treas- urer Bachmann. Bachmann got the money the following day and the offi- cers of the scciety congratulated them- | selves upon having money in the treasury, as a few days previgus Bach- mann had drawn out $600 to pay a death claim to the widow of one of the members, but, which it was found, he failed to do. Their joy was short-lived, as the ru- mor reached the ears of the secretary Monday that Bachmann has abscond- ed and that his saloon was in the hands of the Sheriff. It did not take long to satisfy himself of the truth of he the rumor,’ and sulted the truste that Louis Hauser, a dairy and pro- duce dealer, 2216 Fillmore street, as one of the trustees, swore to a com- plaint in Judge Joachimsen's court yesterday morning charging Bach- mann with felony embezzlement in get- ting away with the $1200. Bachmann's downfall is attributed to gambling on the races and to his fondness for fast women. About a month ago his wife obtained a divorce from him on the ground of failure to provide. His friends say that when he left the city a few days ago a well- known woman of questionable char- acter acccmpanied him. Besides the police several creditors are very anxious to ascertain his whereabouts, as it is said he has left a considerable amount of unpaid bills behind him. — e —— CAPTAIN GOODALL ARRESTED. Charged With Cruelly Beating and Wounding Seamen on the Cottage City. Captain Harry Goodall of the steamer immediately con- The result was Cottage City was arrested vesterday by | United States Marshal Baldwin on a warrant charging him with beating and wounding seamen. The captain was at once taken before United States Court Commissioner Heacock and was released on his own recognizance until February 25, when he will appear for examina- tion. The complaint was made two weeks ago on the arrival of the Cottage City by August Tode who brought five or six other members of the crew to verify his statement. Their story as told to Dep- uty United States Attorney Bert Schles- inger was to the effect that Goodall kept the crew at work jon several occasions for twenty-four hours at a stretch with- out any interval of rest, and that on one of those oc ions, when they asked for half an hour's rest, the captain refused to grant their requeést and ordered them to “turn to,” which in sallor parlance means some kind of work. The crew at once mutinied and would neither turn “to” mor “from.” In fact, they would not turn at all. Tode, as spokesman and ringleader, was put in irons, and he and the seamen with him asserted that while ironed he was beaten by the captain. Captain Goodall denies the charge. The saflors at the time they made the com- plaint were Inmates of the Sailors Home, ut they informed the United States At- torney a few days afterward that they had removed to a sailor boarding house on Mission street. It is belleved that they, or many of them, have gone to sea. e A Sovereign Remedy. Dr. Parker's Cough Cure,1 dose will stop cough; never fails; 2c; all druggists. ¢ ATILETES AT THE NN FAR lBrawny Young Men Help to Entertain the Visitors to | the Exposition. | High Jumping and Springboard Div- | ing Included in Last Night's | Amusement. An athletic exhibition was the feature | of the entertainment at the Mining Fair | last night. Athletes from the San Fran- | cisco Young Men’s Christian Assoctation, the Mission Young Men’s Christian A ciation, Academic Athletic League, Lur- line Swimming Club, Verein Eintracht | Turn Section, and the Union Athletic Club entered for the contests. An arena was roped for the events in the center of the floor. The first event was a running high jump. 8. Macdougal of the San Francisco | Christian Association was the winner, | with a jump of 5 feet 6% Inches. D. J.| Grant of the Mission Christian Assocla- tion was second, making the same jump, | and L. Scheppler of the Verein Eintracht | Turn Section third. A. Hinton of the| Union Athletic Club won the three stand- | ing broad jumps contest, with W. Lamont | of the Mission Y. M. C. A. second. A | quarter-mile potato race was won by W. | Lamont of the Mission Y. M. C. A., with | George Shaw Jr. of the same organization | second, and F. W. Burgess of the Union Athletic Club third. F. W. Burgess of the | Union Athletic Club was the winner of | the springboard high dive. Charles Stew- art of the San Francisco Y. M. C. A. was second. The Payilion was crowded all yesterday. | During the afternoon there were no spe- | | cial attractions and the exhibits of the mining counties came in for most of the | attention of the visitors. The fair is be- | coming more popular and attractive as the days go by, and never before has an exhibition in the Pavilion been favored with such an attendance. 1l The programme of music for to-day is as follows: | lé\_l:'x‘zzrn‘m).v S0- Overture, “Fes Leutner Brahms Strauss Messrs. Bridges and Paulsen Melodies from ‘Paul Jones’ -Planquette | “Dying Poet™” -Gottschalk | Solo for cornet B. Rogers | Collection of Mexican dances. Waltz, * March, *Ne EVEN. | Overture, “Fingal's Cave" Idyl, ““The Mill in the Fore Scenes from ‘‘Macbeth . Solo for trombone ... : | Comic tat ‘A Musical Strike’.... | Fantasta, “‘Shamrock, Rose and Thistle”.... Solo for cornet Melodies from ‘“Masco ‘Sketch on the Levee' | March, *Mount Shasta Granted a Divorce. Mrs. M. S. Henderson was granted a divorce from J. S. Henderson by Judge Hebbard yesterday on the ground of cru- elty. Henderson originally filled suit against his wife, alleging cruelty as a cause of action, and Mrs. Henderson flled a cross complaint. A decree was given | Mrs. Henderson. The plaintiff was or- | dered to pay Mrs. Henderson $30 a month | alimony until further order of court. —_————— Fatal Coal Oil rumes. Luke Stark died yesterday in the City and County Hospital from the injuries received by inhaling the fumes of a smoking coal oil lamp while asleep in his room at 829 Stevenson street. The deceased was a native of New York, 52 years old. He was a butcher by occu- pation. ———— | Y. M. I. Lecture Bureau. The committee of arrangements for the annual lecture to be given under the auspices of San Francisco Council No. 7 at Metropolitan Temple Thursday even- ing, February 17, on “The Practical Side of City_Government,” has selected Hon. i‘lx::‘llus Kahn as president of the even- L LR i New Supply Association. The Co-operative Supply Assoclation of California incorporated yesterday with a capital stock of $500,000. The directors are Frank Cornwall, John W. Butler, S. H. Strite, Alfred K. Jones and A. T. King. —————— Candlemas Entertainment. The Ladies’ Aid Society of the First English Lutheran Church on Geary street, near Gough, will give a Candle- mas entertainment to-morrow evening. EVICTION 0N COMMERCIAL STREET. ° Secretary Kane Takes the Dockerill Children From Their Mother, Who Is Unfit to Be Their Guardian. Down in front of 20 Commercial street there is a little heap of rubbish that no one but a junk man would stop to look at twice. The junk men do stop to look at it, but. they glance rather disdainfully at the single mattresses from which the straw is leaking, at the three chairs, the battered kitchen stove, the big empty demijohn, and the odd bundle of clothes tied up in the hurry of evie- tion. Dockerill, a one-legged drummer who supplies ships with sailors, his wife and his three children—the youngest a year old, the oldest 6 years—were put out of their home yesterday morning for non-payment of rent. On Steuart street they tell a similar tale of The only difference is that this time Secretary Kane of the Society for ence is not the first of its kind. eviction. Thelr unhappy experi- the Prevention of Cruelty to Children has possession of the bables, and to make the family misery complete, Dockerill and his wife are at outs. It's a common enough story down on the water front, tragically common. The only thing that relieves the gloom and the squalor of it is the fact that even here there is a difference of opinion as to the respective merits and demer- its of Dockerill and his wife. Mrs. Dockerill is not to be seen. But the neighbors, who are on the lookout from the backdoors of the saloon, will give you their version of the tale. “You know how thim wan-legged men is,” says a stout, gray-haired woman with a red shawl over her shoulders. “They’re mea seem to be mad 'cause you've got two legs and they They ought not take her children away. an’ said she didn’'t care about the furniture, but she wanted her children. D've know what I'd do if it was mine? I'd get a junk man to take it were all right. furniture! all aff for 5 cints. That's what I'd do.” hat's what they are. They e got but one. The children She cried this morning The Mr. Dockerill, on the contrary, tells you that he stood “it” too long, that the children should have been taken from such a home yvears before. “The lady,” he said, alluding to his wife, crutches, “‘the lady’d been sober for t'ree mont’s. and steadying himself on his She’'d took the pledge. An’ last night at wan o'clock, when I came home, there she was out on the streets yet, not fit to take care of herself, and the children at home crying. “I'm glad Mr. Kane's got the children, 'n’ that they're being properly cared for out at the Catholic Orphan Asylum. fixed em best way I could. She’s no right with the children. They're better off. In that dingy, poverty stricken household, which longed for Surely they are. I dressed 'em myself this morning an’ the dignity of a water-front lodging-house, and never attained it, there was endless quarreling; and the demijohn bought for one often sufficed for two. It would be difficult for the yéuthful Dockerills to find a worse home, and they might just be fortunate enough to stumble upon a better. FRAZIER MAY GET THE PLACE The Position of Western Di- vision Superintendent Lies Between Him and Wright. Nothing Definite Will Be Known Until After the Return of General Manager Kruttschnitt. The one topic of conversation in rail- road circles at present is the identity of the man who will succeed to the place in the Southern Pacific left vacant by the death of A. D. Wilder. Though nothing definite will be known until after the return of General Manager Kruttschnitt from his present tour of inspection over the southern division of the road, yet it is a foregone conclusion that the honor will fall either to the lot of J. B. Wright, at present and for many years past super- intendent of the Sacramento division, or to J. L. Frazier, superintendent of the coast division, with every indication in favor of the latter. Mr. Frazier has the reputation of being one of the ablest men in the employ of the Southern Pacific. He first attracted the attention of Mr. Huntington by the thoroughness of his management of a division of the Chesapeake and Ohio when the president of the Southern Pa- cific was interested in that road. Mr. Frazier had 330 miles of track under his control there, and such was the ability he displayed that when Mr. Huntington turned his attention to Western railroad- ing he brought Frazier out here and put him in charge of the Wadsworth divi- sion. His stay there, however, was of short duration, and it was not long before he was managing the coast division, a posi- tion the next in importance to that held by Mr. Wilder. The coast division now embraces the narrow-gauge system, which includes the ferries, and was originally called the Santa Cruz division, but was amalgam- ated_with the coast division soon after Mr. Frazier assumed the superintendency. —_————— In Childhood’s Realm. An entertainment will be given by the Simpson Memorial M. E. Church to-mor- row evening, the feature of which will be “An Evening in Childhood’s Realm.” O’'Brien’s patent spring; best and easlest riding buggy made; rubber or steel tires. O'Brien & Sons, Golden Gate avenue and Polk street. . MORE WORK FOR THE GRAND JURY It Will Investigate Some Bonds Submitted in the Police Court. They Had for Sureties Alexander Campbell Jr. and Thomas King. It is claimed that the Grand Jury will have some work to do in the cases of the two bondsmen for J. W. Boardman and George E. Brown, the druggists who were prosecuted for unlawfully affixing a counterfeit trademark on goods. The defendants were to have appeared in Police Judge Joachimsen’s court on the 5th inst., but when the cases were called for trial it was found that the druggists had jumped their bonds, Boardman is sald to be in Mexico at the present mo- ment, and Brown is still in the city. Tne two bondsmen were Attorney Alexander Campbell Jr. and Thomas King of 764 Mission street, and they both qualified on real estate of the alleged value of $2000. It is now reported that neither of the bondsmen owns real estate of that value, and that the city stands a very poor. chance of collecting the amount of the defendants’ bonds. It is alleged that Judge Carroll Cook has taken a hand in the matter, and pro- poses to bring Attorney Alexander Camp- bell Jr. before the Grand Jury on a charge of obtaining the release of a pris- oner on defective bonds, and it is said that the jurors will take some action in the case to-day. ————————————— The North Pole Project. Lieutenant R. E. Peary, U. 8. N., the Arctic explorer, delivered a most inter- esting lecture at Metropolitan Hall last night, and those who were present list- ened to a vivid destription of the hard- ships experienced by the hardy explorer in penetrating the region of ice which is supposed to lead to the hitherto undiscov- ered North Pole. What made the lecture doubly interesting was a series of stereop- ticon views collected by the Lieutenant during his travels in the land designated by him as the Arctic Sahara, and'the pic- tures were received with the liveliest ex- pressions of satisfaction and demonstra- tions of applause by the audience which ?.u.hel'ed to hear him. He will repeat his ecture to-night. —_———— For throat, lung troubles, Low’s Hore- hound Cough Syrup; » | their rivalry. | did the same thing, simply because we WILL FIGHT COMBINE Miners Will Have Their Own Works If Necessary. Why the Price of Blast- ing Powder Suddenly Advanced. The Manufacturers Become Weary of Competing Against One Another. PROFITLESS COMPETITION. Capital Now Interested in the Fight Between the Producer and | Consumer. The powder trust on the Pagific Coast will shortly be broken if the plans of those opposed to it do not fail. An at- | tempt will be made to disrupt the com- ibine, and the indications are that it will succeed. The greater part of the output of the powder factories on the coast is bought by local miners. For a time, when the rival powder com- panies were fighting one another, the | miners had no cause for complaint. The powder necessary for blasting pur- poses could be bought by them at | prices that gave to the manufacturers but small profit. Among the manufacturers it was a matter of cutting prices to get trade, { and the miners received the benefit of After a time, it came to the minds of the owners of the several powder factories that the fight, if con- tinued, would mean a loss to all of them. There were several meetings held, and it was finally decided to quit the fight and agree on a uniform price for blasting and giant powder. While the war was on the miners were bene- fited. When the combine was made the miners found that they were ex- pected to pay what had been lost by the manufacturers during the period of op- position. The prices were raised about 25 per cent, and it was then that those en- gaged in mining determined to battle with the trust. Within the past few days several meetings have been held by mine own- ers and superintendents of mines, and the determination arrived at to not quietly submit to the combine. The mining men found that they could in- terest capital in their fight, and it is their intention to have a new factory established in this State. They have agreed to enter into con- tracts with any company that will fur- nish them with giant powder at a rea- sonable price. None of the contracts is to be for less than ten years nor more than fifteen years. All the min- ers will ask is that powder be fur- nished them at reasonable rates. If they do not succeed in getting a plant of their own they will subscribe to- ward the establishment of one. The powder manufacturers at pres- ent engaged in the business claim that the trust was formed after they dis- covered that their competition in busi- ness caused them all to lose money. They say that the combine would never have been made had it not been that self-preservation required it. J. F. Nesmith, secretary of the Cali- fornia Powder Works, gave the fol- lowing explanation yesterday of the advance in prices: “Some time ago we advanced the | price of giant powder about 20 per cent, and all other works on the coast were tired of manufacturing powder for nothing, and decided to make a little profit ®ut of it. About three years ago the various manufactories began cutting rates until the matter finally went so far that while we were selling powder for just what it cost us, the other concerns were selling it for a trifle less than the cost of the manufacture. Of course this thing could not go on forever, and we finally decided to raise the price sufficiently to make a safe profit which would in- sure us against loss by possible cas- ualties at our works. “As far as any agreement between the manufacturers is concerned it amounts to just this: If you go into a business house of any kind in the city and ask the price of a certain commodity, then go out to another you will find their prices practically the same, although there may be no agree- ment between them. So it is with us. If you visit the offices of the various powder works in this city you will find that fifty pounds of giant powder will cost about the same in one place as an- other, and it was this way when the rate war was on. Of course, we being the largest works on the coast, gener- ally set the price, and whatever lead we take will be almost unquestionably followed by the others. “I do not believe the prices will ad- vance any further, unless, of course, there should be a heavy advance in the price of raw material. Sulphur, for in- stance, recently took a jump of about 20 per cent, but we did not advance our prices any on that account, as it fluc- tuates very much and the next.move may be a correspondin~ drop. Should the price continue high for a great length of time, however, or should it increase much we may be obliged to slightly raise the prices. We very much prefer to set a fair price and sell the goods at that, as it is much more convenient for us. There has been no advance in the price of granulated powders, nor is it at all probable that there will be.” SOLEMNLY LAID TO REST. Last Rites Performed Over the Body of Miss Annie Gottlob. Grief-stricken relatives and sorrowing friends solemnly laid to rest the body of the late Miss Annie Gottlob vesterday morning in the Hills of Eternity Ceme- tery at San Mateo. Just previous to the departure of the funeral rocession from her former home at Bush street, hundreds of friends visited there to pay their respects to the dead and take a last look at the oung and beloved face ere it was locked or all eternity within its narrow con- fines in the grave. Many floral tributes had been sent to ADVERTISEMENTS. : PO THEPOWDER| PRINTED e DRESS FABRICS We beg to announce the opening of a very large and elegant stock of the very latest productions of Foreign and Do- mestic PRINTED DRESS GOODS. We call special attention to our new lines of French Printed Challies, French Printed Organdies, Irish Printed Dimities, French Printed Jaconets, Printed Percales and Genuine Cheviots and Madras Cloths. SPECIALS! PRINTED FRENCH ORGANDIES, exqulsite de- signs, 31 inches wide— AMERICAN PRINTED 25c Yard. ORGANDIES, 31 Inches wide, beautiful designs— 15c Yard. GENUINE MADRAS ZEPHYRS, 31 inches wide, very latest styles— 15c Yard. OUR MAIL NOTE. ORDER DEPARTMENT is most complete, and our patrons residing in the INTERIOR are requested to write for samples of our NEW WASH DRESS FABRICS at once. All orders from the country will receive prompt and care= ful attention. ooy 1892, m, u3, us, 1T, 19, 121 POST STREET. DNISSIONS OF THE DEFENDANT Figel Had an Account With the First National Bank. The Defense However States That Embezzlement Charges Will Be Leit for Proof. Testimony of many descriptions was given In the Figel case yesterday. One witness would be called to speak of blood stains and loud words, and again the | evidence would rest on checks, blank- books and receipts, for the purpose of proving a motive for the alleged murder following the loud words testified to. General Barnes was rather late making | his appearance, as he had been called as | a witness in another department, but when he took his seat by the side of the defendant, Henry L. Smith, secretary of the Board of Trade, was called to again testify to the ‘“Board of Trade"” check for $436 36. He was followed by Clarence M. Post, a clerk in the employ of _.offman, Rothehild & Co., who testified that Figel had been in the habit of opening letters addressed to the firm, but always in the presence of Isadc Hoffman, and that other clerks in the employ of the firm | had been given the same privilege. Joseph M. Rothchild, brother of Ed- ward 8. Kothchild and a partner of At- torney Henry Ach, was next called. His testimony touched upon business trans- actions here and there, and also reverted to the keeping of an account by the de- fendant in the First National Bank, which the witness stated was contrary to the orders of the members of the firm. The defense admitted that the defendant had received moneys cnarged and nad deposit- ed them to _his own account in the kirst National Bank, but it was stated by General Barnes t..a. the offense of em- bezzlement would be left for proof. The admission was accepted by the prosecu- tion, but it proceeded to show that Theo- dore Figel had received and misappro- priated the funds. Henry Jacobs, a drayman, was then called, and his testimony as to his having seen Lauer, the drayman, on the even- ing of June 1 was twisted in with the testimony on embezzlement charges and allegations. Just prior to the noon recess Attorney Ach was placed on the stand, and at the opening of the afternoon session the wit- ness was recalled. He went over an interview he had with Theodore Figcl concerning various checks which con- cerned the firm, and on which hinges the charges of embezzlement. Eigit checks on the London, Paris and Ameri- cen Bank, calling for from $1000 to $3000, were spoken of tending to prove that the defendant had drawn the checks for his own use, and had afterward forged the name of Isaac Hoffman on a receipt for $.500 prior to the alleged murdar for the furpcse of diverting suspicion from him- self. 'The cash books, etc., wera pla in evidence and much testimony at the preliminary examinal here was no cros: M. Zirker, a Merced merchant, told of &nymen!s made to_the firm of Hoffman, othchild & Co., for $750 and $1300, and that he had received full value for the amounts. ~ S. E. Cornell, also a clothier of Merced, was called concerning a check for $294 46 and the defense admitted that the defendant had signed checks and re- ceipts and would continue to do so when- v slv&nfln]i chance. saac Geillert testified that he had re- celved $1300 from Mr. Zirker and had the home as marks of esteem from the many friends who mourned the loss of the dead woman as that of a sister. Over the casket was thrown a pall con- sisting of gentle folds of smilax and lilles of the valley. Surmounting this beautiful covering was a tribute placed there by her two brothers, consisting of immense bunches of pink orchids and maiden-hair_fern. The Rev. Jacob Voorsariger of the Tem- ple Emmanu-El conducted the religious ceremony, delivering a beautiful ute 10c. 417 Sansome st.* | of the de in honor of the pure and exe.mpln'y life given him a receipt for it. Bernard Jo- e e seph was called to the stand, but had not brought his books with him. long it would take to get his books and he said an hour. Gen- [ | thought to be a CASTORIA For Infants and Children. ™ atle is o overy — he It was asked how eral Barnes said: “He lives out on Sut- ter street by the graveyard, where I wish was.” The witness was excused, but will be called this morning at 10 o'clock to give testimony in regard to his busi- ness relations with the defendant. The letter written by Isaac Hoffman, ad dressed to ““Dear Ed.” was placed in evi- dence by the prosecution. Late in the afternoon pieces of bone and bullets were offered in evidence. After the jury had been excused Judge Cook called the coun- sel for both prosecution and defensesand said that as many witnesses giving tes- timony as to having received receipts signed by the defendant had come from the country, some plan should be adopted to hurry matters up. The idea was good one and court ad- Journed until 10 o'clock this morning. e S, GOOD NEW§ FOR FRUIT MEN. A New Market to Be Opened for Cal- ifornia’s Products. J. A. Filcher of the State Board of Trade was in high spirts vesterday. He was just in receipt of a letter from Zu- rich, Switzerland, which contains good news for the fruit growers of Califor- nia. The letter in quesiion was from the late United States Consul, Eugene Germain, and announced that a Euro- pean market would be especially thrown open this year for California fruits. It is thought this will have the effect of raising the price on those fruits quoted, and in consequence there may beagreat dealof localspeculation that will tend to liven the home market. The let- ter informs the State board that the rul- ing prices of the European market will govern all exportations. One particu- larly bright fact is that a demand will be made for that class of fruit which heretofore has not even been put upon the market. The letter is as follows: ZURICH, Jan. 28, 1308. Secretary State Board of Trade, San Fran- cisco, Cal.—Dear Sir: Will you be kind enough to call the attention of the California fruit- growers to the fact that I will have a market this coming season for any quantity of sun- dried apple cores and peelings, packed in bar- rels; also for sun-dried and evaporated apples, quarters and halves, unpeeled, uncored and un- seeded, also packed in barreis? Upon receipt of samples and quantities to be had, mot less than carload lots of 24,000 pounds, I will name job_prices on the ruling market in that part of_Europe where these goods are wanted. I write at this early perfod to enable growers to prepare and save what otherwise is usually hrgom sway. If you have any Eitane to ot fon_to fcate this information to the peorte, of T am. sir, yours most GERMAIN, tl mt California, Oregon and thank you to do so. respectfully, BUGE! Late United States Consul. 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