The San Francisco Call. Newspaper, December 11, 1898, Page 7

THE wm N FRANCISCO CALL, SUNDAY, DECEMBER 11, 1896, IN THE WAKE OF THE HIERCE NORTH WIND All Classes of Vessels Moved Quarters. A SILLY STORY EXPLODED THE SEAWALL WAS NOT BUILT WITH CONCRETE. Repairs to the Seawall, Grain Sheds and the Spear-Street Shed Will Begin Early To- Morrow. 1t was moving day on the water front to the norther that s that were going 1 one berth to an- d not be andled, so the work vesterda Those that were d during the storm were b nd the Harbor Commi ang of men at work on the sea- wall and the Spear street s During the day the wind veered com- t Point Reyes and went 1 Friday d and frc A BOUND FOR SNUG QUAR number of vessels were to be moved to Oakland Creek and berths south of the ferry last Friday, but ow- ing to the norther they could not be handled. Early yesterday morning the tugs got to work and foran hour or so it looked as though every ship in the bay was changing quarters. All sorts were on the move, from the man-of-war and ocean-going steamer down to the humble little coaster. TERS. nd the compass at Point| t 8:30 a. m. it was still blowing | pictures will appear. ‘inere was not an enanllih anihois Sron he o cih| ounce oricond d in the construction 5 of the seaw om Meiggs whs Point Rey while at noon the| o0t of Cla very inc S six miles an hour from the| was built w r Telegraph Hill, At 6 a. m. it was blowing | and the facing |\'_“\ practically (!\e same les an hour from the northeast | condition now as It was when built, - The Poi Lobos, and at 3 p. m. as | only portion of the front built of con- owinnt (Lobos, and at & p. m. 1t was| Grete 'block was from the foot of Cle west. During the night it is expected to | ,"Nfi to :|h-[\m where l]hu }\{_u(rl{ir: Receiv- eer around to the So S L 10| ing Hospital now stands. Need rorn faround to the southeast and bring | {ha¢ the foundation of the ferrs ts track. n coasts southeast storm sij flying all of yesterday, and t is expected to work its y down Along the Oregon :md; is still there, and it forms part of the all. acific Coast | steamer Curac: ports yest | ten ste nals were gale 3! Steamship Company’s arrived from Mexican Triv h fourteen cabin and was g vessels that had to re- their wharves on account of the moved vesterday: The Bri be- ada. orm age passengers. She hind time Ir(kl{\\‘l. dt‘lmn(‘fl) at Ei T Captain von Helms savs that t well went into the stream, the | paPthn, Y08 SEMS (SETE oy Tis v irk Haydn Brown, British | heing behind time, as he did not nd Afon'Alaw and | there had been a norther until he reached asiaaiwEn 0RO n_ Ena and Dr. Humphries, of amer Walla Walla | Hawaii, made the round trip on the Cur- the brig John D.|acao and had a very enjovable time. They Pacifi the | will return to Honolulu on the Australia. m went 1 Spre sct went to Y Falcon went to Berr | “The river steamer Napa City. had a 3 Se man-of-war Chitose went ! peculiar experience in Friday’s norther. dock to the Union | Her captain would not face the gale, so ve her prelim- | he Xt week, channel for | stil It will thus be seen that | the close in to the Marin s ble. While the wind was g the tide went out and left amer high and dry on the mud. ssengers and crew had therefore t until the tide came in again and the vessel from her bed of mud. anchored to Santa Barbs al test. of ves | shc s from the man-of-war | Both to amer down ster were on the move tting into snug quart. the | to w relea: nxi. that the H. J. Corcoran was This vessel proved a_surprise to v and passengers. During the part of the storm she stood up the wind like an ocean going , and came down at almost her ed. She was very d no vibration to s more than pl ade by the new City of dre ar roofed over In conse- nte; rnin ly as f the over the seawall yesterda llow sheet the wi wall from Meig, will be and the possit gent v _been washed | China, Japan and Hawaii, will be due to- up its day. She was delayed at Honolulu to staff 1ke aboard 300 members of the New he ta & York Regiment, w hether The transport Tacoma will be delayed ADVERTISEMENTS. THE MERCHANT OF THE MISSION AND THE MISSION OF THE MISSION MERCHANT! A DRAMA OF REAL LIFE. DRAMATIS PERSONA : MR. FEWCHER POPINLAW, MR. AD-VISES STRAIGHT, POPINLAW—Oh, my! Straight, you should have seen the crowd of young couples going to commit it that I saw last Monday. STRAIGHT—Going to commit what? POPINLAW—Marriage. STRAIGHT—Where? POPINLAW—Why, at Pattosien’s Breat two-acre store in the Mission. STRAIGHT—Yqu are talking through your hat. The foolish crowd wasn’t going to Pattosien’s to get married. POPINLAW-—No, but they were going there for the furniture. STRAIGHT—I take back the word foolish. They were wise virgins who Jed their intended husbands to that famous store. I suppose you were there on a similar errand? POPINLAW—\ 'hat! To get married? Not much. It's my niece who is go- ing to get married, and I went, on your advice, to buy the furniture for her. STRAIGHT—DId you see the bric-a-brac there, and buy some, as well as chairs and tables? POPINLAW—Did I see the bric-a-brac? Why, if Cyrano de Bric-a-Brac himself had poked his nose in_there he would be tempted to buy. STRAIGHT—Stay! Stay! If you get off such jokes as that I'll cut you at the club. You found the place ail right? POPINLAW—OR, yes. I simply said to the conductor of the Mission-street car, “Put me down at the Great Two-Acre Store.” “Pattosien’s, you mean,” gaid the conductor with a grin. ‘“What are you grinning at?” I said. ‘“Why, 1 set down no less.than six young couples there my last trip.” STRAIGHT—It isn't much of a ride out there, is it? POPINLAW—It didn’t seem more than ten minutes before the conductor gaid, conductor fashion, “Hereyear; ;PATTOSIEN’S,SIXTEENTH STREET ND MISSIOD A'\!’lr')R;SGI{T——What did you think of the Great Two-Acre Store and its ex- position of goods? POPINLAW—It is a show - “WORTHY OF THE IMPERIAL CITY 01‘? THE GOLDEN GATE, «wWORTHY, INDEED, OF THE GOLDEN 'STA'I:E; “WORTHY TO RANK WITH ALL THAT'S BEST o “IN ALL THE COASTS OF THE GOLDEN WEST. STRAIGHT—What did you buy? POPINLAW—Well, I saw a dining-room set marked In plain figures $57, the exact duplicate of one I had been asked $83 for at the High Price Fur- i Store. mé"lrrle;.A]GHT—How about carpets? POPINLAW—I bought carpets, but the gran'd thing was a magnificent wilton rug for my own library. My stars, it’s a corker! I let Mr. Pat- tosien choose it. I was so bewildered with the variety and beauty of the stock that I stood just like the donkey between the two haystacks. They were just unpacking a new shipment, and when I saw the colors I was so impatient I helped to rip open the bale myself, and I exfla(med s0 loud as to make all the customers tumn round and stare at me: “Oh, my, but they are beautiful! You must love beauty, Mr. Pattosien, to deal in such glori- ous things!” E HT—I suppose while there you selected some pieces for presents, asSEfiAsle(;x!s.[ible fask‘l)ion of géving furglture at Christmas, instead of toy B S ining ground everywhere. 3 %Bpg?;:qi;swg—fl’rhefhad on the floor for parlor furniture such a lovely line of beautiful and odd pleces, {it to show in a glass case at the Worid's Fair, that I have taken Mr. Pattosien’s advice and let him make a selection for me to look at next week, and then I'll tell you all about it. STRAIGHT—So0 vou liked Pattosien’s and their goods? know | It was this incident that gave rise to the | | in sailing for some time, as glanders has | broken out among the horses she was to take to Manila. VETERAN PAID FIREMEN. | Steps Being Taken to Effect a Perma- | ment Organization of Those on Duty From 1866 to 1876. Next Wednesday evening there will be a meeting at 121 Eddy street of those mem- bers of the paid fire department -vho | served during the first ten years—Decem- | ber 3, 1866, to December 3, 1576—for tne purpose of organizing an association of veterans of the paid department. At a previous meeting a temporary organiza- tion was effected with the following nam- ed as temporary officers: S. McDowell, president; Richard Cox, first vice-pre | dent; Thomas Sawyer, second vice-presi- | dent; George W. Kennard, treasurer, and | W. G. Cue, secretary. At that meeting it | was decided that the old boys hold a ban- quet on January 7, and for the purpose of | making arrangements to that end P. H. { Fleming, George W. Kennard and J. T, | Bonnifeld were named a committee of ar- | rangements. | WHEAT MARKET IN A SLUGGISH CONDITION ALL WATCHING FOR A CHANGE | IN THE WEATHER. d/'A Sudden Advance in Barley Puts the Shorts on the Anxious Seat. Sluggishness and disinterestedness of | the outside public has characterized the grain markets for the past week. Re- | ports from the Argentines during the early part of the week gave glowing ac- counts of the crop. Later on, when Ant- werp cabled its advices from the Ar- gentines, things were less encouraging. This, together with a fair demand for gpot wheat at the seaboard and North- western millers also reporting a brisk de- mand for flour, gave the market a firmer undertone. Eastern interests, together with Armour, sold December wheat free- ly. This pressure caused December to sell 2 cents under May, as against 1 cent premium two weeks ago. At 1% to 2 cents spread Armour’s brokers were good buy- ers of December and sellers of May. The market acts purely professional. Large outside traders are doing nothing and will probably not enter the market again until after New Year's. The marketing of Argentine wheat will begin within ten days and may cause further depression in prices temporarfly. January generauy ULriuss auvu.. conditions which control speculation to large extent. The local conditions, while not extremely bullish, are by no means bearish. The drought prevailin, if it continues, must affeci prices. 1. ks of wheat posted on December 1 are much larger than the trade figured on. Sec- retary Friedlander of tne Proauce change makes the stock of wheat in Cali- fornia on hand December 1 340,000 tons, about one-third of which represents Washington, Oregon and Utah produc- tion. Very little wheat is being export- ed from the State. Should good rains come no doubt a large amount now in store would go for shipment. The week has’experienced quite an ad- vance in_barley. December sold at -$1 35, against $129 a week ago. The market gives every indication of being oversold and seems determined to corner itself very much against the peace of mind of the lonely short, who draws a sigh from the bottom of his stomach every time barley is called up. He livesinhope. Ifde- spair results he can always say he took a chance. Many are talking $1 50 for barley before the *‘day of judgment”—December 31. Just where the tide of events will land the shorts no one cares to predict. By no means have the longs a cinch. The brain of a short is very productive and he many times gets out of a small hole and afterward makes matters interest- ing. The longs are taking the spot goods with no signs of weakness. If they con- tinue to do so it will be all off with the shorts. They will go up to the colonel’s office and settle. Many of them dislike a Christmas present in this way, but what can’t be helped must be endured. Much interest is being shown in the deal by the trade in general. The finale is a conject- ure. R. 'ULCA —_—— From Chicago, New York, Boston, we deliver to all points Cresta Blanca wines. Order Xmas presents nbw. Wetmore- Bowen Co., 410 Po.* st., 8. ¥ . —————— DRINK AND THE NOOSE. Timothy McQuaid, an Intoxicated Hostler, Hanged Himself With a Hay Rope. Timothy McQuaid, a hostler until re- cently employed in Joost’s stables at 505 Gough street, was found hanging by a bale rope to a beam in the rear of the sta- ble yesterday afternoon at a quarter to 2 o'clock. ‘McQuaid had been on a spree and had been discharged the second time for drunkenness. Delirium tremens and the fear of poverty are believed to have been the cause of his suicide. The body was removed to the Morgue and an inquest will be held. He was 56 years old, a na- tive of Treland and unmarried. He roomed at 600 Gough street. —_—— Ladies' tallor-made suits. Fur capes, cloaks, credit. M. Rothschild, 211 Sutter st., r. 6 and 7. —_———— WINE IMPORTERS HERE. Two Prominent Germans Who Want to Introduce Local Wines Into Germany. Wilhelm and Paul Lehment of Berlin and Kell, Germany, wholesale importers of wine, are at the Palace. They have come to this State for the purpose of mak- ing observations concerning the w?uanuty. quality and price of California wines. The main object of théir visit is to look into the business of importing native wines to Germany. Paul Lehment is of the opinion that if the wines of this State can be imported to Germm{ at such a reasonable price that a great business can be built up Germany will become one of P L. —Well, I should say sc. I have furnished my nieces’s flat with thleolel';\vn;)gx‘t”goz%es for 80 per cent of what they would have cost elsewtere, 1 TELL YOU IT PAYS TO TRADE IN THE MISSION, AT THE GREAT TWO-ACRE STORE. MISSION AND SIXTEENTH STREET. the largest importers of California wines. — Advances made on furniture and pianos, with or without removal. J. Noonan, 1017-1023 Mission. MRS, FENNELL 1S BECOMING IMPATIENT Would Hurry Up Her Divorce Suit. DEFAULT NOT YET ENTERED PLAINTIFF APPEARS BEFORE JUDGE HUNT. Makes Inquiry Regarding the Prog- ress of Affairs—The Fresno Collusion Case Re- called. Next week the default of Gerald M. Fennell in the action instituted against him for divorce by his wife, Mrs. Amanda J. Marceau-Fennell, will be entered, the case will be set for hearing and doubt- less determined. For two weary months Mrs. Fennell has been impatiently wait- ing for the fulfiliment 6f the requirements of the law. As Fennell is not within reach of service, his exact whereabouts at present being a mystery, it is said, to the woman who is so anxious to sever the tie that binds them, summons was had by publication. For two Lionths the readers of the daily papers have been ap- prised of the fact that Mrs. Fennell was seeking a divorce. As a cause of action she alleges desertion, and in the event that Fennell fails to make an appear- ance, proof will be required simply to es- tablish the contention that the plaintiff has been abandoned and is left alone. Mrs. Marceau-Fennell appears to have recovered from her attack of apppendi- citis as well as her nervousness. riday afternoon, doubtless feeling that her in- terests were not receiving proper atten- tlon at the hanas of the court, she ap- peared in Judge Hunt's department to make inquiry regarding the progress of affairs. She was accompanled by a boyish escort, who acted as spokesman. The escort approached the desk and in- quired if the court was ready to proceed with the case of Fennell vs. Fennell. He was_informed that the default had not vet been entered, that counsel had made no motion to set the case for hearing and that in consequence proceedings were not in a condition to proceed. The youthful escort, gallant as Chesterfield, assisted the disappointed litigant from the court- room and the incident was closed. Mrs. Marceau-Fennell has not as yet made public her plans for the future in event the suit for divorce is carried to a successful issue. There is yet a poss'- bility, but an extremely small one, that Fennell may put in an appearance and 8poil matters, as he did at Fresno, by making it appear that there is_collu- sion existing between husband and wife. Mrs. Fennell fears such an &R earance very little, however, and Is confident that when the case is heard she will again be free. Then for the future. Will she join the Baron with the difficult name and be- come his bride, or is there another suitor whom she will make happy or unhapp; as fickle fortune might decree, or will she remain the master of her own house- hold? These are a few of the questions that are occupying a multitude of minds, but no matter; she who has linked hands with three may in the fourth find a cher- ished ideal. Who knows? R. H. McDONALD ESCAPED. Suit of the People’s Home Savings Bank Against Him Dismissed. The case of the People’s Home Savings Bank against R. H. McDonald, to recover payment of $66 66 a share on 385 shares of the capital stock of the bank was ordered dismissed yesterday. On_August 5, 1889, -the capital stock of 4he bank was increased from $300,000 to $1,000,000, divided into 10,000 shares of the ar value of $100 each. On the 28th of geptembcr, 1891, McDonald subscribed for fifty shares of the capital stock. Subse- quently he subscribed for 335 additional shares. There was paid into the treasury $33 33 1-3 on each share. The bank failed rior to the settlement on the stock of 66 a share, and suit was brought to enforce payment. Yesterday F. S. Strat- ton, attorney for the bank (for what rea- son is not set forth), ordered a dismissal entered in the action, which was done. . Annual Class Dinner. The dinner given last Wednesday even- ing at Marchand's by the class of 'I7 of the Boys’ High School of this city to their old classmate, Dr. Washington Dodge, was probaoly the one to be best remem- bered of the many reunions held by this coterie of schoolboys. For yearsthey have kept alive the associations and friend- ships of their boyhood, and when they as- sembied last week to celebrate ‘their twenty-first regular annual reunion it was not only to exchange personal friendly reetings, but to extend to Dr. Dodge their congratulations at his recent election to the office of Assessor of this city. \While it required the earnest efforts of those ns- sembled to do full justice to the excellent repast set before them, they still found time to revive old schoolboy tricks and stories and to maintain a continued run of hilarity until early morn. Of tze firaduut ng class of sixteen in 1877 the fol owlnl‘g were fireflent: Dr. Wash- ington _Dodge, Frank H. Suter, Fred Baruch, Willlam Greenebaum, Thomas T. Fraser, Louis Straus, Robert R. Vail, Henry S. Manheim, Henry M. Block and Willlam H. Wiggins Jr. ————— A Woman’s Xmas Gift. Sensible people will not buy knicknacks ;nto = for Xmas presents. A handsome tailor | liveryman, to replevin a string o A jued at y good place to leave orders is E. Me-ug:r, x:z::éxdx:yu alleged to be due by McCarthy for suit or a jacket is the thing to buy. corner Post street and Grant avenue. e Widber, Danicl | the Sheriff’s office against George P. HE WILL NOT GIVE UP THE WEDDING 0T Harold Courtenay on Record. CUTTING’S FRANCIS SuIT SEEKS AN ACCOUNTING WITH HIS SON-IN-LAW. Avers He Has Expended a Fortunpe on His Insane Daughter and Now He Seeks to Recover. ‘While TIsabella S. Courtenay, daughter of Francis Cutting, the millionaire packer, wanders aimlessly through her rooms in New York, a mental wreck, under the watchful eye of a woman who claims to be her legally appointed guardian, Mary N. Patterson, her father and her husband, Harold Courtenay, are occupying many of the passing hours preparing to battle in court for the estate of the unfortunate young woman that was placed in her hands when she became a bride. Not many weeks ago Francis Cutting made appearance as plaintiff in an action. in which his daughter, her husband and Mary N. Patterson appeared as defend- ants, In the action he asked that a re- ceiver be appointed to take possession of the estate named, which consists of stock in an Arizona railroad company; that the court determine how much of the stock still remained in his hands, and that the proceeds from the estate be applied to the payment of a claim he held against the defendants for the sum of $17,500, for moneys expended on behalf of his daugh- ter over and above the income of the stock in question. Harold Courtenay was married to the plaintiff’s daughter in New York on De- cember 31, 1891. On the day of the wed- ding Mr. Cutting, wishing to provide for his daughter and son-in-law, set aside for their benefit the stock mentioned by the following instrument: ‘Whereas, a marriage has been arranged and is about to be had between my daughter Isa- bella S. Cutting and Harold Courtenay, and whereas, 1 am desirous of making provision for her support and for the support of her hus- band and any family they may have. 3 Now, therefore, 1, Francis Cutting, of the city of San Francisco, State of California, do hereby certify and. declare that I hold in my possession and have set aside for the account of my said daughter, Isabella S. Cutting, fifty bonds of the Maricopa and Phoenix Railroad Company of the Territory of Arizona, and out of the income and interest thereof. I undertake and promise to pay the sum of $200 per annum in equal monthly payments, to her, my said deughter, her husband and their family,” so long as ‘'my said daughter and said Harold Courtenay, if married, shall live in amicable relations -with each other. I reserve in myself the power and right from time to time, in my discretion, to substitute any other bonds or sureties of the par value of $0,000 in place of the bonds above specified, the income or in- terest therefrom, to the amount of $2500 per annum, I undertake and agree to pay and ap- ply as hereinbefore stated. In case of the death of my daughter I under- take to deliver to her executor or administra- tor such bonds and securities as I shall at such time have set apart for the purpose hereln declared. The income guaranteed b the contented father of the bride was paid from month to month without demur. Finally Courtenay ceased to live with hit wife.. Her father was informed that her mind was becoming clouded, and that she had been placed in care of competent phy- sicians. Courtenay still held the stock and with the income from it cared for his unfortunate wife. Finally she was placed in the care of Mary N. Patterson and not long since Mr. Cufting complained of the drain upon his purse. Although the in- come of his daughter and son-in-law was not small, he avers that at the direcuon of the Patterson woman he paid out on behalf of his daughter the sum of $17,500. Then came a time when he saw fit to put an end to the drain, and he began suit as above stated to recover for the amount3 expended. Yesterday Courtenay filed his answer in the Superior Court to the complaint of his father-in-law. Contrary to the pro- visions of the instrument by which Cut- ting guaranteed his children the annual income of $2500, Courtenay admits that he is not living with his wife, but defends his course by citing the fact that his wife is not mentally competent, is unable to care for herself, her business or the busi- ness of others. Just a week after their marriage, Courtenay alleges, his wife's mind began to fail, and he placed her in the Home for the Feeble Minded. As she did not improve he took her from the in- stitution and placed her in the care of Mary Patterson, in hopes that her care, treatment and attention would re- store his wife's reason. As to the alle- gation that since that time Cutting has paid out $17,500 on behalf of his wife, he states that he has no information on the subject, and as a matter of law denies it. In conclusion, like the plaintiff, he asks 'aat a receiver be appointed and an accounting had, but in opvosition to the Rmver set forth in Cutting’s complaint e asks that the court direct the receiver to pay him personally the income from the railroad stock, instead of applYing it to the s.]\eied account held by Cutting, as he avers that by virtue of the agreement he is still entitled to the income, as the unfortunate condition of his wife has not Invalidated the instrument conferring the marriage dotal. ——————— OCEAN VIEW’S TROUBLES. The Burg by the Sea Complains of Official Neglect. y Ocean View, that little “burg” by the big sea, is in the dumps, so to speak. In other words, the residents and property owners are not overpleased with the con- duct of the munictpal authorities, particu- larly the Supervisors. It is set up as a cause of grievance that the streets are neglected, there is a lack of sewerage, scarcity of electric lights, and last, but by no means least, a woeful scarclty of water for domestic vurposes. Between the inattention of the Supervis- ors and the Spring Valley Water Com- iy there are no mains laid in the streets then which the houses can be suoplied, A ilar nefilect is apparent in the lack of ydrants along the streets most :nhabited. In case of a fire on any of those out: streets nouung can be done by tha Department because there are no hy- drants available. In consequence of this condition of affairs premium on insurance is so high that very few of the poor pec- le can afford to protect their homes by nsurance. The Improvement Club for Ocean View has repea.tetgf etitioned to have these needs supplied, but so far no attention nas been paid to the plaint further than that made by the candidates who biennially visit Ocean View when in search of votes. Then all manner of promises are made and exchanged, only to be forgo‘ten after election day. It was promised to the innocent voters at one time that a road- way would be constructed from Inglusi-ie through their burg to Mission road. But. notwithstanding the necessity for such a thoroughfare, it is as far away from com- pletion to-day as it was in the fall of '49 or the spring of '50. As soon as the new city officials take their seats another and. if possible, a stronger plea will be made to have a nor- tion of the public mone{,expended in the improvement of Ocean View. —————————— Attachments Filed. The First National Bank of Oakland yesterday flled thirteen attachments in e a3 Morrow & Company, hay and grain com- mission merchants, doing business on Clay street. The attachments cover an indebt- edness to the bank of $2400 advanced on overdrafts. “Whitehat’” McCarthy has got back the . courts again in a suit brought G. Lapham, the Eddy-street horses Lapham for gainst held fi 924 to 930 The most remarkable Clothing, damaged by SMOKE OJOJOXOXOIOXOXOYOROXOXOYORO OO oY OO YOO XSO OXOXOOXOXOROXOROROROXOROXOROORORQROJOJOJOROOJOROJOROYOKO} | | Men’s Cheviot Suits............ | C | @@@@@@@@@@@@@@@@@@@@@@@@5@@@@@ Telephone Main 5654. THE TALK OF THE TOWN! Sale ever held in San Francisco. $100,000 worth of Men’s, Boys’ and Children’s Hats and Furnishing Goods slightly AND Must be sacrificed to be disposed of. Sale will continue Monday morning at g o’clock, and every day unti] the entire stock is disposed of. Men's Cassimere and Tweed Suits.......... $ I i 7 5 Men's Blue and Black Worsted Suits....... $ 4, Q 5 Men'.s Blue, Black and Gray Kersey Overcoats. s 4, 4 5 Boys’ Reefer and Josie Suits, double breasted. ..... .. Q 5C Men's=DashyeHats. . X500 loc Men's Merino Undershirts and Drawers.............. I 50 THE BALDWIN LOTHIERS 924 to 930 Market Street, BALDWIN ANNEX. foXoRoXoXoXoJoXoYoROROXOROROROXORO RO RO RO RO ROXOROROROROROROROROROYOROKC ————————————————eeeeeee e ADVEETISEMENTS. [ORCXOROJ OO OROR RO O OR RO OROR OROR R CJOJORCROROROR R OROROROROOR O Of The Great Fire Sale — AT — THE BALDWIN LUTHIERS Market St. and successful Clothing WATER Mail Orders Filled. xororcroreroIoloreIcIclo oo e RoRe o ReRe oo Joxo X Roxo XoXo RexoyoJosc Roxo oo RoYool ool cYoXcofceoloRofofofoJof oY oX ol o oY OROROXONORCHOXOROJOXORONOXO) ) THE LAW OF LIBEL ARGUED ELABORATELY Responsibility of an Absent Publisher. SPRECKELS AGAINST HEARST MANY AUTHORITIES WERE QUOTED. Judge Mogan, After Listening to Five Hours’ Argument, Finally Takes the Case Under Advisement. The arguments of counsel in the libel case of Claus Spreckels against W. R. Hearst of the Examiner were made be- fore Judge Mogan yesterday, and they occupled the attention of the Judge for nearly five hours. Attorney Grove L. Johnson appeared for the prosecution and the defendant was represented by Garret M8Enetney. Both had stacks of law books in front of them, and elaborate quotations were made from them. Every point bearing upon the law of libel was argued pro and con, and the Judge has a host of decisions to look over before rendering his decision. Attorney Johnson, in his opening argu- ment, characterized the article com- plained of as ‘the most baseless. most atrocious and most contemptible libel that could be compressed in so_few words in the English language.” He argued that section 253 of the Penal Code, which provides that ‘“‘each author, editor or pro- prietor of a book, newspaper or serfal is chargeable with the publieation,” clearly made the defendant responsible for the libel, although it was published without his knowledge or consent or.during his absence. He read numerous decisions and opinions in support of his contention. Attorney McEnerney argued that there must be malicious intent to injure or de- fame, which was lacking in this case. A man could not be held guilty of a wrong- ful motive unless cognizant of the act, and_there was no evidence that the de- fendant intended to inglure Mr. Spreckels. He also argued that the meaning of sec- tion 253 of the Penal Code was that the author, editor or proprietor was prima facie chargeable. The decisions of courts in different States and in England were quoted to back up his argument, and he moved that the case be dismissed, In clpsing Attorney Johnson sa}d his learn friend wanted . the Judge to change the meaning of section 253 of the Penal Code, but that could only be done by the Legislature, and the Judge had to take the law as it stood. The crucial oint was, Did the defendant publish the fibel? and there was no difference of opin- ion on that point. It would not do for the defendant to come hypocritically into court, play_the ‘‘baby act” and say that he was in New York when the libel was published, and throw the blame of its publication upon a reporter. He was the publisher of the paper and must stand the consequences. In conclusion Mr. Johnson said: “‘Let it not be a reproach upon Califor- nia that a man owning a newspaper here can live in New York, publish atrocious articles against the best citizens of the State and go unwhipped of justice.” The Judge took the case under advise- ment. ———————— ANCIENT ORDER OF FORESTERS. Court Lincoln will, commencing at the second meeting in January next, inaugu- rate a series of whist games for the mem- bers. 'The one at the end of the month who shall have the greatest number of points to his credit will be presented a valuable gold badge. —————— William Ede Company. The William Ede Company, organized for the purpose of conducting a general business, was incorporated yvesterday with a capital stock of $1,000,000, all of which has been subscribed. The directors and subscribers are: Catherine Ede, William Ede, Clara Louise Ede, J. C. Bates and J. C. 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