The San Francisco Call. Newspaper, October 26, 1898, Page 12

St HE SAN FRANCISCO CALL, WED SDAY, OCTOBER 26, 1898. 12 3 o ADVERTISEMEN%S. E L. FITZGERALD ACCUSED OF FRAUD, FORGERY AND THEFT The “Hefting” Mayor’s Pro- tege Is Pilloried by His Former Associates. Phelan’s Candidate for Public Ad= ministrator Charged With Mal- feasance=Miller’s Wrongs. The Call, in its purpose to best inte Frane the duty another subserve the | false oath to obtain $95. These are serious co, accepts | g s and the proof of them The i its this morning. & all pre 5 Stewart was a friend of Fitzgerald in of cal friend that he could but the remuneration Stewart accepted the terms. He w. people of dead, the would be “small. seek- dren are, absolute istrator. In more the st personal honc tance a fitness fc a aduty, little mon something b He now says that Fitzgerald »s{ demand on the State s a record in the office of itroller that the money was ned. r office. therefore, ic what manner of man is t t for publ favor and con- that Stewart received it. C. °d of theft. He is charged | L. Dam, the deputy of Fitzgerald, placed He is held up to public | his signature to an assertion that he had jolator of his oath | Placed Stewart under oath when the money was signed. These that Stewart of public confidence. - g used a public and now he asks ¢ fo possess the He is office to had rendered cert. | months of May and June, 159 On the other hand Stew he rendered no services, except for a few that he received not one cent he $95 1 he State to E. L. Fitz- gerald. Mr. Stewart says that Fitzgerald employed him in the Labor Bureau for a riod of three wee to collect and tabu- property h makes helpless ther to present Edward L. tatistics. When the emplovment o° Before. the 4 0 given there was no stipulation in e Eemation: o) | reference to salary. Stewart says Fitz- AR he maintained | Eoraia fave him for his work not more ey oAl | than $30 in sums of one and two dollars at n a voung contest at the Mid N s : o X But this is not the most serious allega- ion made by t st the aspir- Publi The real rts that he ren ervice to the Labor Bureau af ¢ ter May 1 when he obtained employ- ment the Mint. The records show that E. L. zgerald gave his sworn indorse- of the man | ment to a claim that Stewart was em- ¥, of Mayor b ployed "in the Labor Bureay for tho s co t f one hun months of May and June, 15%. The State s the public of San Francisco to paid 3% te E. L. Fitzgerald for that ser- m control of the tes of the dead. | vice that was never rendered. False In his obligations to the living he 1896, Btewart signed a o B P the people of this city to be- | vou 3 . e y to be- cher for $95. He declares that E. M. Jleve that he will be true to those of | Greene, a Deputy Labor Commissioner, so ek S the voucher that the sum signed for o more serious allegation has been | could distinctly be seen. Stewart ade agalnst B. L. Fitzgerald than that | succeeded, however, in seeing’ that the preferred by B. J. Stewart, who is now | sum was greater than he had earned or Sonnected with the Laymance Real Estate | that he had received from Fitzgerald, Agency of Oakland. ° Mr. Stewart de- | Stewart subsequently confided the details clares that Fitzgerald used him as an in- strument with which to obtain dishonest {1;\11:\?9) from the State. Stewart charges | The Call. When confronted with the rec- at as a public officer Fitzgerald took a | ord Stewart admitted the truth of the af- 000000000000 0000000000000000000000O0O STEWART'S ARRAIGYMENT OF E. L. FITZGERALD. E. J. Stewart, who is associated with the Laymance Real Estate Company of Oakland, was interviewed last night in reference to a voucher dated June 30, 1896, against the State Labor Bureau for services performed during the months of May and June, 1896, amounting to $95. He ex- plained the transaction as follows: : “I was appointed to a position in the San Francisco Mint on May 7, 1896, and performed no services whatever f“f' the State Labor Bureau after that date.. Before 1 re- ceived my appointment in the Mint I was out of employ- ment, and E. L. Fitzgerald, Labor Commissioner, sent for me and informed me that he could give me temporary em- ployment in his department and that the pay would not be much, but would assist in paying expenses until 1 received my appointment in the Mint. “I accepted the offer and engaged in gathering some statistics for the State Labor Bureau. During the time I was em]'rk.:ye(l by _\IAr. Fitzgerald he advanced me money for expenses in sums of $1 and $2 at a time, but not to exceed, all told, $20. After I received my appointment to a posi- tion in the Mint Mr. Fitzgerald sent for me, and as I came into his office he left me in thepresence of Edward M. Greene, his deputy. Mr. Greene had a number of vouchers on the desk and he requested me to sign a voucher for the services performed by me. Mr. Greene's actions indicated to me that he was trying to conceal from me the amount of money for which I was signing, but while I was signing my name to the voucher I noticed that the amount was for $9s. Of this amount I am prepared to say that I received no part of it ex- cept, as I before stated, small sums at different times, but not to exceed $20. “I am positive that I performed no services for the State Labor Bureau after my appointment to the Mint, which was on May 7, 1896. I am positive that C. L. Dam, the Dep- uty Labor Commissioner, was not present when I signed the voucher, therefore it was utterly impossible for him to have sworn me as is indicated by the voucher you have just shown me. The voucher you have just shown me reads: For extra work for the months of May and June at $47 s0 per month. When I went to work for the bureau there was no stipulated amount per month that I was to receive, and I am certain I did not work three weeks all told. There is one thing I am positive about, and that is I did not receive the amount that I was requested to sign for, namely, $95. (Signed), of the transaction to his friends through whom the facts were communicated to T 00000000000000000000000000000000O0V0DO0O0O0O0O000O00000OVDOOO00OO0O000O00OO0O0O0O0O00000O00O0O0O00OO00OODO 00000000000000000000000O00O0O000O0O0DODODOODOODOO0O0O0O0DO0DO0DOD00ODO0DOO0O000OODOOO0VOO0D00DODODOODODO0DODOOODOO00O0O00OO0O 000000000000 00000000000000000000000 ' wce in the Mint and realized that | his needs | used_him | rtification by E. L. Fitz-| Ntod S ! | voucher for the s fri nds. He is | > matters of record. Fitzgerald | to dishonor i e T before the 1 then he | State Board of Ex. swears that | | | had a hobby of investing in bonds and | mortgages, and well guarded investments fair an up to i In doing so he recalled another circum- stance of moment. He declares positively that C. L. Dam never placed him under oath and was not even in the room when the voucher was signed. These facts, in all their severity, are given to the public for its consideration. It has been shown before that Mr. Fita- gerald has no conception of the solemnity of an oath. On two occasions during the past }'ear he has made affidavit before deputles in the office of Registrar W. J. Biggy that he has resided in this city five years. In 1896 he made an affidavit, now on file in the County Clerk’s office of Alameda, stating his place of residence to be Berke- ley. The directory of the same year gives his address as Berkeley. He has been the associate of one Ole C. Vinzent in many disreputable transac- tions. During the Midwinter Fair Vinzent was in charge of the Examiner booth in which voting was conducted for a gold cup to be awarded the county securing the most votes. Toward the close of the contest it was found that votes, once cast for Alameda County, were stolen and were then cast for Solano County. Mr. ? explained the incidents that led wa sentative of Solano County. had a residence on Adellne street, Oak- land, and when in this city registered at the Grand Hotel. Upon the death of Miss Valeria Hicke- thier of Oaklanad, in 1895, a joint note signed by E. L. Fitzgerald and Ole C. Vinzent for $40 was found among her ef- D! The latter tForm 1263) L. Fitzgerald is| 1465, when the Democratic nominee for | nominee for the position | Public Administrator was in charge of the ator, a trust more | Labor Bureau. Stewart needed work i‘illd * in the gift of the | Fitzgerald played upon his necessities. s (e BIft of the | The®Labor Commissioner informed his give employment, | B —————— THE STATE OF CALIFORNIA fects. Payment of this note and accrued interest was fought bitterly until the eve of the present campaign. It was then settled for fifty cents on the dollar. Mr. Fitzgerald was the man who bought the ring and arranged the details of the al- leged contract wedding between Miss Hickethier and Shelby Martin, the banker. Frank Miller, a resident_of Fitchburg, Alameda County, accuses Mr. Fitzgerald of sharp practice while acting as his agent. ayment was demanded of Mr. iller on two notes, one for $250, made payable to E. Fitzgerald, and the other for $100, made payable to Ole C. Vinzent. When these were presented Mr. Miller repudiated them, saying his signa- ture was In each case & forgery. He was sued In the Justice’s Court, Oakland, but the proceedings were quashed. Mr. Miller never paid the notes. Mr. Fitzgerald might, if in an explain- ing mood, tell of the disappearance of 300 chickens, a cow, horse, some furniture and farming utensils from a ranch pur- chased through him by Mr. Miller, near Elmhurst in 1893. Six years ago Miller was a prosperous butcher in Oakland. He owned a beau- tiful home on Filbert street, and was en- vied by his acquaintances. Mr. Fitzger- ald and Ole C. Vinzent, his companion in many escapades, cultivated iller's friendship and spent many hours in his office. e introduced them in his house, a trust which they basely betrayed. While in Mr. Miller’s office Mr. Fitzgerald often amused himself copying Mr. Miller's handwdllns’. in imitating which he be- came an_adept. “E. L. Fitzgerald and OleC. Vinzent em- bittered my life and robbed me until they made me a poor man,” sald Mr. Miller yesterday. “They took advantage of my good nature and of the confidence I re- posed in them. They had the entree to my home and abused that privilege. I had a beautiful home on Filbert street, Oakland, and they finally induced me to exchange it for a ranch near Elmhurst belonging to Charles Thorn. 1 was to se- cure possession on a certain day, hut they ut me off for another twenty-four hours. _ate that night they went to the ranch with wagons and carried away everything of value. This included over 300 chickens, a Jersey cow, which I understand is still at Mr. R QuallD CO C4L, A Fitzgerald’s home in Berkeley; a horse and a lot of furniture and farming im- plements. It had been stipulated I was to receive all these articles. The chick- ens were sold to Jake .Pantoskey, and when I charged Mr. Fitzgerald with the sale he laughingly acknowledged that he had done s0."” “These men used to sit in my office at night and often imitated my handwrit- ing, showing it to me and saying: ‘See, we can write just like you.’ One day Ja- cob Greenhood, at that time F‘resldem of the California (Oakland) Bank, drove up to my store. “He asked me to go to the bank with him. I jumped In his buggy dressed as I was_in ‘my butchers' apron. When we reached the bank he asked me to sign my name on a blank sheet of paper. I did s0 and he said: “I thought so, the signa- ture to this note as a forgery. We can send those fellows across to San Quen- tin, “He then showed me a note purporting to be signed by me. It was drawn in favor of E. L. Iitzgerald. “Suit was afterward brought against me to recover $250 on this note and $100 on one drawn in favor of Ole C. Vinzent. After the case was submitted, the Judge took it under advisement. Further proceed- ings were quashed and I have never been called upon to pay those forged notes. I asked Mr. Greenhood afterward as to whether he secured his money. He gave me an evasive answer, hinting that some one narrowly escaped a trip to State’s Prison.” This scathing indictment of E. L. Fitz- gerald by the men with whom he has been assoclated reveals his actions in private life and his conduct in public office. With this record and as the protege of Mayor Phelan this man asks the votes of decent citizens. Accused of serious crimes, thrust upon the Democrats of the city, dragged from his Alameda obscurity by Mayor Phelan, Fitzgerald impudently seeks the suffrages of self-respecting peo- ple. The Mayor, boss and “hefter,” could find, in his opinion, no Democrat in five wards honest enough to stand the test of public criticlsm. But E. L. Fitzgerald accused of shameful offenses, was carried from Alameda, a discredited sharper in his dealings with the living, to seek as Phelan’s favorite, to obtain control of the sacred Interest of the dead. ol /@‘K 1894 i State Labor Bureau to \ “County of faut % i - May and June at 47.50, per month. ceieecsconns was actually fiaz’d, or is to be paid, as therewn mentioned, Subseribed and sworn to before me, this Cg San francisco, E..J. Stewart, Dr. Ca]. June 24,1896 . For extra work for the months of (Oé""‘z:‘/ o collichion W Catbutation of cfiwm‘a > Recewved paymn't, i , being first duly sworn, deposes and says, that on the o P eteai s aTiv e claim herel"o at'tac)wd the services therein mentioned were actually rendered and the money or the benefit of the State, A L7189 The $956 Voucher Signed by E. J. Stewart, to Which He Says He Never Made Oath, and of the Amount of Which He Had No Knowledge. WILLIAM EDE HAS Body Will Be Cremated at I. 0. O. F. Cemetery To-Morrow Afternoon. Is Now Lying at Masonic Temple. Captain Willlam Ede, the well known millionafre street contractor, died in this city yesterday. The hour of his death marked the passing of a wonderful old man, whose life has been well sprinkled with eccentricities and whose business pursuits have often been interesting. He placed the figures of his fortune in the milllen spaces. At the beginning of this year he sud- denly realized that this city had a future and commenced placing large sums of money in real estate. He immediately made a number of deals and they were consummated with apparently little con- sideration. The Auzerais property was purchased in January, and two weeks later he secured for the sum of $150,000 the property at 1016 Market street, which ex- tends through to Eddy. He was what might be termed a ‘“‘speedy” buyer, and the Auzerals deal was made in three days’ time for a consideration ef $152,000. Most of this property he immediately deeded over to his son, William Ede Jr. At his request the body will be reduced to ashes. 'he cremation will take place at 0dd Fellows' Cemetery to-morrow aft- ernoon. The funeral services will be con- ducted by Mission Masonic Lodge No. 169, of which he was a member. ———— In the Divorce Courts. George Larsen has been granted a di- vorce from Elisa C. Larsen on the ground of infidelity. Decrees of divorce on the ground of neglect have been granted atherine Rustad from Willlam Rustad and Matilda L. Orr from Charies P. Orr. Suits for divorce on the ground of infidel- ity have been filed h% Alfred Kahn against Mary Kahn, and Fred W. Bennett against Margery H. Bennett. Barbara H. Rushworth has sued William V. Rush- worth for a divorce, alleging crueity as a cause of compiaint. ——————— Charged With Grand Larceny. Henry Raymond, a newsboy, 14 years of age, was booked at the City Prison yesterday by Policeman Driscoil on the charge of grand larceny. He is suspected of being the boy who entered Julius Van Viiet's jewelry store, 752 Market street, Monday, and stole a valuable diamon stud which a man a few minutes previ- ously had selected and promised to return for. e boy denies that he had any- thing to do with the stealing of the stud. ——————— William A. Deane Indorsed. At a meeting of the Colored KEqual Rights Union League, held last evening, ‘William A. Deane was indorsed for Coun- 34 Clerk, He was warmly eulogized by the members of the league, and his many friends, and he will receive their unani- mous support. The Glee Club Quartet rendered the usual musical entertainment of the evening. The le: e adjourned to attend a meeting of the Jullus Kahn Club on Howard street. —_————— Yorke Counectl, ¥. M. I Yorke Council No. 508, Y." M. L, will give its second entertainment in Union- spare Hall this evening. Miss Pauline Upham will render some of her new se- lections. The affair will be under the di- rection of the committee on entertain- ment consisting of H. McNesby, Willilam Gill, D. Hanlon, James Reilly, M. J. Mc- Dermott and T. Horan. The Heinrichs To-Day. The fifth of the Heinrich recitals will be given at Sherman & Clay Hall this after- noon at 3 o'clock, and at 11 o’clock in the morning Mr, nrich will give an “In- tellectual Music Lesson. COLONEL IRISH FOR GAGE. Colonel John P. Irish will r his volce this evening in Metropolitan Temple against Maguire and the fusion ticket in general. Colonel Irish’s ability as an or- ator is so well known as to need no com- ment; it is also known that he has many times stood on the platform in Metro- politan Temple, where he has so often worked for the success of the gold Demo- cratic ticket. Two years ago he joined the ranks of the Gold Democrats and worked hard for Bryan’s defeat. He now considers that the old battle of 1896 Is to be fought over again, and wiil do his best to make Maguire feel like an icicle in July on the day after election. Another meeting will be held this even- ing in Odd Fellows’ Hall. Hon. E. T. Preston of this city and Frank H. Short | of Fresno, both good speakers, will ad- | dress the meeting. e e Immensely improved. Superbly illustrated. Price cut to 10 cents. Buy a copy to-day. Edition limited. —_———— All Are Republicans. A meeting of Republicans was held last evening at 83 Howard street. A delega- tion of fifty members of the Holland Club of the Forty-fifth District visited tne | meeting. Many speeches were made and much enthusiasm shown. Only a Superior Court Decisi There Will Willlam F. Costley nominal damages badges of the nation’s necessity. as a differential Instrument and has still compelling his patrons to pay th mitting Judge Troutt’s findings to the ages of Willlam Costley, Mr. Valentin may result in the diminution of his co: than would the righteous paying of its upon its refusal. The minimum amo of this sort is $5, and he stands ready action. To the young man out of a job may bebegun for every package hemay five dollars at least in sight for each thirty days. decision of the Supreme Court of the tine, and a Supreme Court decision is, in coming to hand. people. He said: “No, of course we war stamps. we think rightly compels us to pay th preme Court renders a decision again: ing war stamps. We paid Costley his them to him, but we did not conside: stamp matter settled that question.” under a hundred, but for a larger exp ager demand the leverage of a highe; nounced in The Call of Friday mornl the State Board of Examiners, whicl ‘With this refusal as a basis for hi: of the Michigan Circuit Court, and of bbb blpb bbb bbad pi e EREEEEA AR AESA NS E A AR A AR E LR R R R R R AR AR R P Notwithstanding that Superior Judge Troutt has decided Wells, Fargo & Co. must pay its own war tax and upon his decision has awarded to action, the company still refuses to aflix to its receipts ‘'the little blue In fact, President Valentine looks upon the decision of Judge Troutt mitted its justice and equity by malling to Willlam Costley a check cover- ing his damage and costs, but he denles this same justice and equity by agents are affixing no stamps, nor, despite the plain written law, will they. This upon the order of the manager of the company himself. As the case stands to-day the merchants of this city can add several hundred per cent to their profits by offering their freight to Wells, Fargo & Co. for shipment without a war stamp and bringing ing else to burden his time here is a profitable employment, for a new suit There need be no rush into this new El Dorado. Mr. Valentine proposes to glve ample time to all who will. The decision of no court of this State will change his present course, be it Justices or Supreme. L. F. Rowell, the manager of Mr. Valentine’s company, sald as much yesterday when he was asked as to the company's intentions toward the There has been no decision yet that we consider final or that “Yes, Judge Troutt decided that Costley case against us, but then that is only a Superior Court decision, and there have been two or three like 1t in different Circuit Courts in the East, but until the United States Su- In other words, Judge Troutt’s law is all right when it costs anything Despite Mr. Valentine’s small opinion of Superior Court and general California decisions, Attorney General Fitzgerald is proceeding with his plan to bring the company to time by a writ of mandamus. Anderson presented at Wells, Fargo & Co.’s office a package addressed to declining to pay for and affix the necessary stamp. poses to apply to the Circuit Court for a writ of mandate, compelling the company to accept and transmit his package. Attorney General Fitzgerald is preparing a digest of the recent decision he can find that have any bearing upon the case. AR RRENRRREERURRBABNRNERURIRNRRIRS RNUURBRARR{RERURRRIRRRARAIRIRIRINRS STILL WELLS-FARGO SELLS ITS STAMPS on, Says Mr. Valentine, but Be Others. in the sum of $5 and the costs of his acceded to it as such. He has ad- e company’s tax. Wells-Fargo’s But in ad- extent of acknowledging the dam- e has established a precedent that mpany's coffers to a greater extent taxes. suit for damages unt allowed by Mr. Valentine in cases and willing to pay the costs of the or the frugal citizen who has noth- care to wrap and have refused, with refusal at the end of not more than Nothing but a United States will do for mr. Valen- , as a general thing, some little time are not going to begin paying for the is tax. st us I don’t think we will begin buy- damages because the court awarded T that Judge Troutt's decision on the enditure Mr. Valentine and his man- r decision. % As was an- Ing last. Assistant Attorney General 'h was refused transmission upon his s action the Attorney General pro- all other decisions and opinfons that ChE R EREEEESEAA AR EEEEEEREEEEEAEEEEREEEEEE LR RS EEEEEE PR R AR R AR A FRANK LESLIE'S POPULAR MONTHLY, 10 CENTS. | P et BLANKETS, BEDSPREADS, COMFORTERS! A Special Values This Week ! size.... signs. . 3 cases FINE WHITE BLANKETS, all pure wool, # bed i 2 SPBTS Pair 5 cases EXTRA SIZE WHITE BLANKETS, made from Australian wool. ....cevvenn. ... 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She arrived off port last Monday morning, and as Captain Fraser did not know the port very well, Captain James Carrol, re- celver of the Boston-Alaska Commercial Company, owners of the steamer, went out in a tug and brought her in. He docked her at Section A of the seawall in a berth reserved for the British ship Ga- lena. The latter vessel was towed over from Sausalito yesterday, and when the berth was found to be occupied the trouble began. L rhE Pl Assistant Chie; arfiinger Scott was summoned and he ordered the Laurada into the stream. The mate, in the ab- sence of Captain Fraser, refused to move. Mr. Scott summoned a tug and then the mate sald there would be trouble if any- body touched the ship. Then Mr. Scott summoned a policeman and threatened to arrest the mate and move the ship with- out him. Then the mate gave in, the Laurada was moved into the stream and the delayed Galena was docked. The Naval Rendezvous at 10 California street, has been abolished. No boys or men are wanted for the navy, as the re- cruits for Dewey’'s fleet are being sent from the East via the Suez Canal. Lieu- tenant J. C. Burnett, Assistant Engineer J. H. Snow and Sallmaker Willam Red- stone, who were in charge of the rendez- vous, have been ordered to Mare Island and Assistant Surgeon William Bell has been ordered to the Marine Rendezvous at 20 Ellis street. . The Seamen’s Institute is to give a con- cert in its hall at 33 Steuart street to- night. The affair is being engineered by H. J. Stewart, organist of Trinity Church. Captain Ryder of the ship Elwell will, on his arrival from Puget Sound, take command of the ship Florence, and First Officer Ellis of the Elwell will succeed him as master. First Officer Warner of the Wilna will take command of the Bundeleer, vice Captain Rice, who re- mains ashore to look after his business interests. The revenue cutter Hartley was exam- ined by the Inspectors of Hulls and Boil- ers yesterday and new machinery will have to be put in if she is to be continued in the Government service. ——————— ODD FELLOWS’' JUBILEE. A Meeting to Be Held To-Night to Make Arrangements for the Grand Event Next Year. There will be a meeting to-night in O0dd Fellows’ building for the purpose of tak- ing the preliminary steps for the golden jubilee of Odd Fellowship in California, to be held in September of next year. There will be present the majority of the rand officers and delegates from subor- Slnale lodges, the Rebekah lodges and the encampments. The meeting will be under the auspices of California Lodge, which lnnuiurn!ed the movement. Among those who have expressed willingness to 1 C. Breuck, grand be present are Kar) euck, grand master; J. L. Robinette, gral Geo! s , grand secretary; Judges e ‘W. Morrow, ghd B en and W. . JEl‘z:e.Hf:cob H. Neff, Willlam Henr; Barnes, W. T. Galloway, B. W. Day, J. 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