The San Francisco Call. Newspaper, January 24, 1899, Page 12

THE SA F RANCISCO CALL, SDAY, JANUARY 2 1899, W, i, STACKPOLE COMPLAINS OF CORONER HILL Trouble © Over Remains. Orr’s RELATIVES’ DEMAND IGNORED WANTED TO SEND THE BODY TO PORTLAND, ME. The Coroner Finally Delivered the Cadaver to His Undertaking Friend—A Replevin Suit to Follow To-Day. The disposition of the body of Frank E. Orr, who Ic life in the collision between a and the ferry steamer Oakland, has resulted in a sit- uation th but a credit to | the ew & ation of the Coro- | ner's office. The young' man was a | cousin of W. H. Stackpole, an attorney of this city, who is in fact the only relativ the deceased on this coast. with hi; C )anied b, whom the Mr. office y C. S. Chamberlain, ung man had made Stackpole went to the ves ay morning and 1 the head of | y in Portland, Me., instruct- g the oner to turn the body of Orr over hamberlain. They were told | t the matter was in the hands of the | Public Administrator. Stackpole stated | that the estate of the deceased was too | 1l to make it an object to adminis- | he roner’s presented a dispatch frc Orr's f to ¢ bpon it. It was finally stated that | : difficulty would be adjusted after | jury viewed the body. The | lic Administrator put no particular tacles in the way, but by reason of the acts of the administrator’s attorney and the Coroner's office Stackpole was kept dancing back and forth between the C office and the office of the iministrator until late in | the He urged upon Coroner | Hil ice of having the body er that it w 5 i tackpole, “that | Administrator waived | letters he thought | wanted to give the | ) a friend who occasionally from the office free of | again appeared and I mer > e Hill charge called his ntion to the statement | of Ruef. ¥ aic he certainly wan ¢ 1ess to the clty under- | whom he ‘owed everything.'} that Chamber! the ral hund prepare and forward the that I had had an under- since morning waiting remains; that 1 saw no rea- rous delay and want- ready d dollars tion. ill finally said he had no ion to my claim, but that procure an order from the Pub- strator before he would de- body to me. went to the| I e of that gentleman and he would act until he saw his attorney. He ‘said he did n what he had to do th the case, anyhow. After con- wi d e further delay Ruef learned by ne that the remains of my had been sent to the California Parlors. me it is the intention of that | to force me to pay their utting the body in shape to ! Howev the Coroner n these premises, and I levin the remains to- To me this conduct ms scandalous, and a matter of com- no right 1 to re m propose was made a bone hawked about be- s office and an un- ent. I consider it "e to the Coroner and an out- the feelings of the relatives s of the dead man.” of rage and frie DUE TO A LIGHTED CIGARETTE. | T. A. Riordan, a Young Man, Se- verely Injured in a Gas Explosion. T. A. Riordan, an employe of the new 1y, was seriously injured ye: ; afternoon by a gas explosion. Ri- and several assistants were sent ordan to Stockton street, between Sutter and Post, to make a connection with the gas main. By the time they had reached the spot an excavation had been dug so as to allow them to make the connection. Riordan, who is an expert gas fitter, en- . tered the excavation and at once proceed- ed to tap the main pipe. There were a number of people present, who were at- tracted to the scene by idle curiosity One of them was smoking a cigarette, and it is supposed that he accidentally drop- ped it in the pit. The next instant there was an explosion, and as_a sheet of hot upward Riordan was seen crawling out of the excavation. His face and hands were badly burned, and as he emerged from the pit he was at once geized by the assistants, who took him to a drug store a short distance away. feared that he was fatally friends _subsequently d d to_the Receiving Hospital, Police Surgeon Weil applied the usual remedies and then had the injured man taken to hi me. To a reporter Riordan sald he was in | the act of making the connection when the explosion occurred. “After I had entered the excavation, emarked, “I noticed a man smoking te, and called his attention to er. Thinking he would throw away the cigarette, I paid no further ate tention to him, and proceeded to make the connection. The usual amount of gas was escaping from the pipe. and as I led to one of my a ants to keep the crowd back, there was an explosion and 1 found myself hurled against. the side of the excavation. After considerably effort I crawled out of the pit and was e sisted to a drug store and from to_the Receiving Hospital.” e Riordan belleves that the stranger whom he had requested to s accidentally dropped the light igar- ette into the ‘excavation, with the wiiars that the explosion followed. —_——— The Saturday and Sunday Hospital Association. The above society held its final meet- ing Saturday, January 21. The executive board wishes to thank most heartily those merchants who So generously re. sponded to the request for permission to place the boxes In thelr stores and places of business, also the churches which set apart for this object the offertory of the first Saturday and Sunday of November (that day having been named for now and the future “‘Hospital day”). The reports showed the following amounts received: top smoking From business houses, $471 from churches, $450 70; expenses, $36 83; leaving a balance of 38362 The Institutions henefited by this association are the Call- fornia Women's Hospital, the Children's Hospital, the Home for Incurables and the Mount Zlon Hospital. ' W. E. Brown, president; P. N. Lilienthal, treasurer, He Was Not » Hichbinder. Louie Lee, who was arrested Sunday night on Washington street for battery upon Hong Sing, a_member of the Chi nese Educational Society, appeared be. fore Judge Mogan yesterday. that he was a cook at 2327 Buchanan street and had no connection with any hibghbinder soclety. had | He proved He happened to| jostle against the complaining witness, ut did not know anything about the two other men, who were supposed to be high- binders. The Judge fined him $10, and as he could not pay the fine he was ordered into custody. D ——— e —— A NEW RAISIN GRAPE. California’s Viticu:ture Increased by a Product From Chile. California s soon to have a valuable raisin producing vine added to her al- ready varied viticultural products. It is known as the Huasco grape, and comes from the Huasco Valley or District in Chile. When J. A. Filcher, manager of the State Board of Trade, was at .the World’s Fair in Chicago he saw an ex- hibit of these raisins and with several other Californians, was much pleased with their appearance. The raisin is as | large as the product of a muscat, and is | of a beautiful light color, an almost | transparent white, and the’ scarcity of seeds makes it a very marketable artlcle. When cured wit} means it looks and tastes like a gla Three years ago Mr. Filcher wrote to several of the United States Consuls in | Chile. asking them to send cuttings of | the vine, but nothing came of the corre- | spondence until yesterday., when a letter | was delivered to him by Captain Thomas | Motley of the British ship Wallacetown, | which arrived recently from the south- | ern coast and is now at the Oakland long wharf. The letter was from Andrew Kerr, | the present Consul at Coquimbo, Chili, | who stated that the letter sent to Consul J. M. Dobbs several years ago had been given to him to answer. The answer was that_there were about 100 cuttings of the much_desired vine on the Wallacetown. Mr. Filcher has sent the cuttings to a | vineyardist at Auburn, and as soon as the time is ripe cuttings will be distrib- | uted by the State Board of Trade. IR S S e | 5 ON ASPHALT COURTS. Sunshine Has Tempted the Lawn Tennis Players Out Again. | Now that the storm has blown over and the sun shines once more, the lawn ten- nis players have come out of their hiding and the asphalt courts again resound to the crie: ' “love all.” Saturda; v several interesting games were played, the principal of which are glven her R. N. Whitney beat Grant Smith three straight sets, the scores being 6-2, 6-2 and 9-7. George F. Whitney and Grant Smith beat Arthur Chesebrough and George Bradshaw three out of five sets, the scores being 6-2, 3-6, 6-4, 4-6 and 6-4 Dr. Root and R. shaw and Harvey . 8. McGavin beat A. Chesebrough straight sets. Bliven beat George Brad- Walter three sets out of three Yesterday R. N. Whitney beat George Whit- | three straight sets, the scores being 6-4, and 6-4. Ralph Bliven, a well-known player on the California Club's courts, has just re- turned from Manila, having received_his discharge from the First California Vol- ill_health, He is ney unteers on account of not playing very well as soon pick up form. ve been on the courts in_the last three days, among_them being Misses Eckert, Bowman, Clarke, Middleton, Chese- brough, Foster and Bisen A speclal event will probably be ar- ranged for next Saturday and Sunday, the details of which will be given later. e TOOK JEWELRY AND COIN. Morris Windt’s Residence on San Bruno Avenue Entered by a Thief. A thief entered the residence of Morris Windt, the tanner, at 1424 San Bruno av nue, on Sunday evening while the family was at dinner, and managed to get away with quite a haul in money and jewelry. The thief had a good knowledge of the house and its contents, as he went direct to where the val were and took such articles as were secreted on his per- son. He took an excellent pair of diamond earrings, a_diamond pin and a lady's gold watch and chain, belonging to Mrs, Windt; a heavy gold chain belonging to Mr. Windt, and $60 in money. The police were notified, and after mak- ing an examination of the premises ar- rested the Japanese servant pending fur- ther developments. No charge has been entered against him. He is held on sus- picion. The value of the property taken is rated | at over §700, as the diamonds were of good value, and the watch, which was a birth- | day present from husband to wife, cost | over $150. | —_————— | TURNER WAS LIBELED. Recovers a Ju&gment Against W. R. | Hearst of the Examiner. For the second jtime John W. Turner, | an attorney of Eureka, Humboldt County, | | has been awarded damages in his ac- On | | | | tion agalnst W. R. Hearst, proprietor of | the Examiner, for libel. In December of 1893 a story was published in the Examin- | ner sued for damages, and a jury award- |ed him a judgment of $00. The judg- ment was reversed by the Supreme Court, | however, and the case was remanded for a new trial. Daingerfield yesterday morning, was sub- | mitted shortly after 3 p. m., and an hour | later_the jury awarded Turner a verdict | of $150. —_— e Pacific Ocean Exposition. The committee on permanent organiza- | tion of the Pacific Ocean Exposition met | vesterday afternoon at the office of J. B. Reinstein to prepare a plan of organ- | zation which will govern the great ex- | position to be held in this city in 1901 | The plan of the World's Fair at Chicago | was before the committee, and was ten- | tatively ~ adopted, with some _slight changes. A director general will be | made manager, with assistants to be ap- | pointed by himself, not exceeding three. | The director general’s salary will be | $10,000 a the dalarles of the assist- | ants will be fixed by the executive com- | mittee. Every branch of business will be represented, and there will be six committees. The committee will meet again to complete its work to-morrow | afternoon. 1t is hoped that the citizens’ | committee, consisting of 200, can be | called to meet next Friday afternoon at half-past 3 o’'clock in the rooms of the Chamber of Commerce. | —_——————— The Marriage Bureau Swindlers. The case against Isaac /. Bain and | Mrs. Grace Allison, indicted for using the mails for the purpose of defra:ding gul- lible country people who re_ort to matri- monial bureaus, was called in the United | States District Court yesterday and was | continued to Januar: sence of H. C. Frank: a defauiting wit- ess, who is_believed to have been | “shooed” off. It was stated that Franks | was at El Paso, Texas, on his way to | Mexico, and the United States Marshal at El Paso was notified by wire to catch | Franks and hold him as a defaulting wit- | ness until an officer can be sent for him | from this city. _— ee———— Called on Rev. Mr. Bercovitz. The Mission of Israel of this city paid | an informal visit to Rev. M. Bercovitz | last Tuesday. Rev. Mr. Bercovitz has al- | ready occupied the pulpit of the Mission for the past two months. verted Jew, and has been doing mission work for the past thirty years. His terri- tory has cxtended into many countries of the world, and he was the first person to introduce hymn books, translated into the Indian language, among the Indians of New M | | | In the Divorce Courts. Nettie Joseph has been granted a di- vorce from Maurice Joseph on the ground of willful neglect. Suits for divorce have been filed by Anna Toomey against John Toomey, for desertion; Lucy E. Dykes agalnst Hugh Dykes, for crueity; Hor- tense J. Coons against Alonzo F. Coons, for desertion; Antone Marone ~against Lizzie Marone, for Intemperance, and Henry E. Bowman against Jennie H. Bowman, for cruelty. —_———————— Short Orders at Campi’s. Any two lic dishes, with small coffee, 25c. 106108 O'Farrell, opposite Orpheum. . ———————— Shaughnessy Arraigned. John Shaughnessy, who shot Willlam Hughes, saloonkeeper, In the City Hall corridor, was arraigned in Judge Mogan's court vesterday on a charge of assault to murder. The case was continued for a week, as Hughes is no!‘f‘et able to leave his bed. Ex-Judge Louderback appeared as special prosecutor. W. A. Strohmeler & Co.’s candy kitchen, ure home-made candles, caramels, taf- es, etc. Our celebrated cough candy best in the world. 1006 Market street. * 2 | er reflecting on Turner's character. Tur- | The second trial came up before Judge twenty- | 30, owing to the ab- | He is a con- | | s ties30 0150 i tae s ¢ %5+ 5 o0 s ol EPISCOPAL GONVENTION OPENS TO-DAY. Interest Genters in the Consecration of Rev. William Hall Moreland as Bishop for Sacramento. JOHN MiLS KENDRICK DO % HisSIonARY: afiln» oF (EEEIZERA 1 MORRIS BAmWE MISSIONARY 5'5‘::-. SF oLvmos *ev006000°? OSEPH LJOHN: Wasnseioo, MLoS ANGELES, fnlablom_ny BIBNOP OF (SALTLAKE | DISTINGUISHED DIVINES WHO WILL ASSIST. HE opening services of the Episcopal Convention to be held in this city during the next five days will be held in St. Paul’'s Church on California street, near Steiner, this morning at 10:30. This convention will be the most important ever held in the history of the Episcopal church on this coast. Distinguished divines from all parts of the world will be present to lend their counsel to the impressive deliberations. Prominent among these is the Right Rey. Willlam Willcox Perrin, D.D., the Lord Bishop of Columbia, B. C., who represents the Canadian church. This dignitary has his residence in Victoria, and his pres- ence here v be said to be one of internation: significance, tending to bring Great Britain and the United States into closer relation- ship. Additional distinguished visitors are here in the persons of Right Rev. Joseph H. Johnson, D.D., Bishop of Los Angele: ight Rev. William Morris Barker, D.D., who was consecrated ‘Bishop of Western Colorado in 1883 and translated to Olympia, Was n 1896; Right Rev. Abiel Leonard, D.D., Missionary Bishop of Salt Lake; Right Rev. John Mills Kendrick, D.D., Mission- ary Bishop of New Mexico and Ari- zona, and Rev. Charles L. Miel of Secramento. Great interest centers in the con< secration of Rev. Willam Hall Moreland as Bishop of Sacramento. He will be ordained by.the Right Rev. William Ford Nicholls, D.D., Bishop for California. The cere- mony will take place to-morrow RastietiefieNe N [ R PR A R A R SR PR S SR SR R S AR R R S g R R R R A R R P N RS S morning at St. Luke's Church. Rev. R. C. Foute,rector of Grace Church, will be masterof ceremonies. Bishop Tikhon of the Graeco-Russian Church with four attendant priests, will be present, and all the clergy- men of the Episcopal denomination will assist. Last night at St. Luke’s Church services of intercession for Sunday- schools were held. Short addresses were made by the Lord Bishop of Columbia, Rev. H. L. Duhring of Philadelphia and Rev. William Hall Moreland. Representatives from all the Episcopal Sunday-schools of the city were present and received some excellent advice in regard to the ennobling of their work, which was described as a life vocation. As the Rev. Mr. Duhring aptly ex- pressed it, “They were engaged not in the lower blessedness of receiv- ing, but in the higher. blessedness a + I Y b + e + s + Ed + * 8 ; $ 5 e i # 25 b of giving.” é + B DANIELS AND THE GIRLS IN A HEW SUCCESS The Wizard A_nother Dude’s Delight. BELLE ARCHER'S RETURN RICE'S RAG-TIME OPERA AT THE ORPHEUM.' “Men and Women” at the Alcazar and a Bret Harte Drama at the Comedy Theater. The girls of the Daniels company have made a deep dent in dudedom, and every Johnnie in town -worthy of the name was on hand last night to see them in the new costumes and capers of “The Wizard of the Nile.” From Ned Greenway in the frontest row. smiling enough to swallow. the trom- bone, to Ward McAllister in a box for- getting to be . bored " for fully fifteen consecutive minutes, it was a grand, glad night. The girls' were at their loveliest,"Daniels at his funniest,-colors were bright and costumes gay, the band played on and everybody except a stray Shakespearean student or two from the press had a gorgeous time. Just why they had a gorgeous time 1s even harder to answer this week than it was last. Perhaps it was the flippant music, perhaps the gaudy ‘robes and scenery, perhaps the condensed comi- cality of the star, or, what'is more likely, the swing and swish and spell of the girls. Whatever the cause the show was a success. Before it com- menced you could see that it was going to be a success, for the crowd came with its mind made up. “The Wizard of the Nile,” which was written by Victor Herbert and Harry B. Smith, makes about the same great drain on your analytical powers as did these gentlemen’s masterpiece of last week, “The Idol's Eye.” The plot is carefully guarded by jokes and com- plicated stage business and the serious music invariably concealed by absence. Horseplay, girl-gambol, silks, scenery, props and jingle are whipped to the very froth of nonsense, out of which perpetually bubbles the funny little personality of Frank Danlels. This time Mr. Danfels is a Persian magician by the fatal name of Kibosh, less girl. But even then Cleo was de- | veloping those ardent qualities which afterward made her famous; she al- most ran away with her music teacher, | an Egyptian barytone, with an emo- tional tremolo. Kibosh comes when the Nile is run- | ning low and a water famine threatens the land, and Cleopatra's papa, Ptol- emy, is o at his wits’ end that he of- fers his daughter's hand to the first magician who can conjure up a flood. Kibosh stands in the way of being kill- ed, anyway, and willingly makes a few s, which cause several eggs to appear at the indignant lips of Ptolemy and also.an overflow of the Nile, such an overflow that the good King and his court are driven to the tops of the pyramids to keep their san- .dals dry. I shall not trifle further with the mysteries of the plot. As Kibosh, Mr. Daniels is just as funny as he was last, week as Able Conn; in fact, he is just as funny in just the same way. Alf C. Wheelan plays the Egyptian monarch with the same plaid-plaited brogue he wore last week as the Scotchman, and ‘Will Danforth is. the royal weather prophet with only the Svengali glare as a holdover souvenir of his fiery Cu- ban of the former production. Miss! Helen Redmond, proud, beautiful and: empress of all she surveys, is the youthful Cleopatra—as lovely a morsel as ever was set before man or asp. ASHTON STEVENS. Orpheum. Not since Black Patti's Troubadours has the town seen a coon show as tropical @as the one now play- ing' at the Orpheum under the name - of “Clorindy, or . the ' Ori- gin ' of the Cake Walk.” The skit is called’a rag-time opera and the com- pany .numbers thirty dusky dancers and singers, who are mot colored but born that way. They sing their orig- inal song, “Darktown Is Out To-night,” which we have heard only feebly pi- rated by other rag specialists, and a “Chicken” song, a real rag-timer of real dusky syncopation, to say nothing of half a dozen others of sentimental and breakdown variety. The. liveliest feature of “Clorindy” is the concluding cakewalk, in which the whole company takes part. . Papinta, who has made a record hit in her illuminated dances, is in her last week, and the rest of the bill is well up to the'average. California. General Shafter, the hero of Santiago, receilved ‘a popuiar ovation last night at ‘the California Theater that must have pleased him even more than the formal reception accorded him a few evenings ago. . “A Contented Woman” is one of Hoyt's cleverest satires, and the company that played it last night is one of the cleverest that has been seen here for & long time. Belle Archer, the Grace Holme of the lay, is a fine looking figure and knows it. he also lets the spectators know that she knows it. This is the only draw. back; but she dresses harmonfously and :tctui well, barring the self-conscious strain. 2 Henrietta Lee, the Mrs. Ebbsmith of' the play, received the larger share of the honors last night. She is a handsome wo- man with a good figure, and gives to the role all the snap and abandon that make it even more popular than that of the heroine. Mrs. Fanny Denham Rouse as Aunt Jim, and Arthur Gregory as Uncle Tody, who visits Egypt in that remote period which knew Queen Cleopatra as a guile- treated the audience to an excellent bit of. character acting, the make-up of bo! e th | singer of being side splitting without on the probabilities. ne: infringing The variety busi- introduced into the comedy s first led by Miss Bonnie Lottie, whose ongs and dances called forth encore af- ter encore. Her singing of “If 1 Can't Have the Drink That Pa Had Yesterday T Don’'t’ Want Any Drink at All,” was fetching, and her acrobatic dancing was a revelation of black stockings coming just below the knee and meeting flesh- colored tights and lace lingerie. All the characters are good. The play could not have been better suited to the cast nor the cast to the play than it is in the present company. It should draw great houses. New Comedy. The familiar comedy drama ‘‘Tennes- see's Pardner’” was presented at the New Comedy Theater last night by Arthur C. Alston’s company to a crowded house. It has lost none of its attractiveness. The company is well balanced. Alcazar. Belasco’s “Men and Women' ‘filled the Alcazar Theater last evening, and the comments of thosé who attended, as they left the place, showed that :all were greatly pleased. Special mention is due to Miss Adelaide Fitzallen, who for the first time since her engagement in this city has had a part in which she could appear to advantage. Miss Laura Crews was placed ¥n a comvaratively new role last evening, in which she showed that she is capable of something stronger than “little girl” parts. The efforts of Ernest Hastings, George Osbourne, Frank Deni- tshol;l:e, hClsrgncfi Mogtalne and Howard cott showed that they appreciated the work they had in hand. 3 Tivoli. “The Wedding Day” is a new and lively comic opera that fits the Tivoli players closer than their cuticle, and it is making a steadily increasing run. Ed Stevens’ song about ‘the maids of various nationalities, with characteris- tic dances, is encored half a'dozen times at every performance. The piece will continue’ until further notice. Morosco’s in-Oakland. Oaklanders have in prospect a two weeks’ engagement of the Morosco Company in plays picked from the sea- son's 'successes at the home house. “Trilby” was the opening bill at the Dewey Theater last night, and its re- ception augurs a prosperous fortnight across the bay. “Held by the Enemy"” will also be given this week. Chutes. ‘Weston and Herbert, who have the largest” assortment of unique musical instruments ever played upon in this city, made a great hit at the Chutes Free Theater last evening. Pianka ap- peared with four performing lions, and the rest of the bill was well received by a crowded house. William F. Sapp, the ossified man, was hard to look at, as his interested admirers were constantly crowding around him. Thursday night the amateur Amazon march will be re- peated. Carreno Coming. ‘Teresa Carreno, the “‘Lioness of the Planoforte,” will be here week 'after next. She is meeting with ereat success on her Western tour. = Olympia. Not In a long time has the Olympia had an act that has made such a hit as did Violet Dale, the acrobatic dancer and “‘coon’” songs. 1 of Porto Rico. WOULD ESCAPE A LIFE I * DURKNCE VILE Mrs. Botkin Asks for a New Trial. MANY GROUNDS SET FORTH| THE JURY AND COURT ALIKE WERE IN ERROR. | The Matter of Jurisdiction Is Touch- ed Upon and It Is Alleged That New Evidence Has Been Discovered. Mrs. Cordelia Botkin, stoical, as usual her eyes half closed, her lips pale an compressed, sat before Judge Cook yes- terday morning while her counsel plead- ed with the court to grant her a new trial, to give her another chance to prove that she .¢ what she pretends to be—an outraged woman, persecuted by her enemies, not a murderess destitute of feeling or conscience. Her case was called before Judge Cook at the opening of the morning session. Attorney Knight immediately moved for a new trial, and handed a bill of excep- tions to the judgment of the court to the clerk, which was ordered submitted. After the matter of the bill of excep- tions had been formally accepted, Knight stated to the court that he wished more time in which to prepare and file affidav- its in support of his motion for a new trial. Would the court grant a stay of | proceedings until Saturday? asked Mr. Knight. - At this point District Attorney Murphy arose and inquired how long it | would take to put the affidavits in shape for presentment. Judge Cook ended the | debate by granting the motion for a stay, and the incident was closed. care of her sister, Mrs. Dora Brown, a in charge of a Deputy Sheriff, Mrs, Bot- kin tripped from the courtroom to return to her cheerless cell in the Branch County Jail. Summarized, the grounds upon which the defense seeks a new trial are these: The verdict is contrary to law. The verdict Is contrary to the evidence, The court misdirected the jury as to matters of law. The jury received and considered evidence out of court other than and not resulting from a | view of the premises. | The jury was guilty of misconduct, by which a fair and impartial consideration of the case | was prevented. | The verdict was decided by means other than | a fair expression of opinion on the part of all | the jurors. The court erred in the, decision of questions | of law arising during the trial of the case ! New evidence has been discovered by the de- | | fendant materfal to the case, and which could not, with reasonable diligence, have been dis- covered and produced at the trial. | The court has no jurisdiction or power to try | the defendant for the crime charged in the in- dictment or to render judgment upon the ver- | dict. The evidence proved and established that the | defendant did not commit the crime of murdér | or kill Mrs, defendant have any part in such alleged crime. The crime was committed in the State of Delaware and not in the State of California, and the defendant was deprived of her right of trial by a jury of the State or county or dls- trict where the alleged crime of murder was committed. | There is no law of the State of California under which the crime of murder committed out of the State of California is made a crime within the State of Callfornia. The indictment of the defendant was in vio- lation of article 3, section 2 of the Constitution of the United States, which provides that ‘‘th trial of all crimes shall be by fury, and tha such trial shail be held in the State where the | crimes shall have been committted.” | For the alleged crime of murder and killing | by means of poison in the State of Delaware | the defendant could not be tried or convicted | except by an impartial jury of the State of Delaware. Wherefore the defendant asks the court to set aside the verdict of guilty of myrder heretofore rendered against her, to grant her a new trial of sald criminal charge in order that the in- dictment be dismissed and she released from custody. The document bears the signature of the prisoner, and bears date of January 23, 1899. Whether or not it will result in' a new trial and the ultimate freeing of ‘the condemned murderess rests with Judge Cook. Pending his decision, ~the | falr prisoner will remain in her cell and hope for the best. HE LEFT NO FUNDS TO BE LEVIED ON Capitalist Wells Deser.s His Young | Bride, Leaving Her Perniless | Away From Home. 1 Mrs. Bertha V. Wells, the six-day bride | of Thomas J. Wells, the aged Chicago | capitalist, has taken heroic measures to | secure some solace for her wounded heart. i She sued out an attachment yesterday in the sum of $3000 against money she | supposed_he had on deposit at the | Crocker-Woolworth Bank. A Deputy Sheriff hastened there to levy on the money, but was met with the answer that | no funds were on deposit in the bank in | the name of Mr. Wells. | The husband is supposed to have started for Chicago, taking with him all the| wearing apparel of his young bride. —_——————— An Unhappy Marriage. Albert Ryder, a teamster, was arrested January 2 on complaint of Lizzie 0'Con- nor, 45 Jessie street, for betrayal under promise of marriage. Two days after- ward he married the girl, and Judge Graham dismissed the charge against him. Sunday he was arrested on com- plaint of his mother-in-law on the charges of disturbing the peace and vagrancy. The cases were called before Judge Tread- Well yesterday, and Mrs. Harkins, the mother-in-law, testified that since the marriage Ryder had been living with Mrs. e Donnadieu at 28 First street, who had been engaged to be married to him. He refused to live with his wife and was constantly annoying her. The Judge dis- missed the charges, but warned Ryder to keep the peace. e Death of Ernest Howard. News has been received in this city of the death of Ernest Raymond Howard, which occurred in Los Angeles Saturday,.| January 15. Howard was the son of the | late Colonel Howard, who was prom- | inently connected n the early history of | Los Angeles. He was 22 years of age and gave promise of noble manhood. He was a student of St. Vincent’s College and was for some time connected with the Throop Polytechnic Institute at Pasadena. His gentleness and affability of disposition and “kindly, courteous manners endeared him to all, and his death will be regretted by a large circle of friends. —_———— Gave Away his Transfer. Michael Freeman, a boiler maker, was arrested at Haight and Stanyan streets on Sunday on complaint of an employe of the Market-street Rallroad Com- pany for giving away his transfer ticket, which is a misdemeanor according to an ordinance of the Supervisors. The case was called In Judge Mogan's court yesterday, and the Judge expressed his surprise at such a charge being brought against a respectable citizen. The case was continued until to-day. | Shall Porto Rico Be a State P Our public men are trying to decide what action should be taken regarding the status We have never before had to deal with a similar condition where nearly a million people of a forelgn tongue have been annexed. Neither have we ever had be- fore such a reliable medicine for malaria, fever and ague as Hostetter's Stomach Bitters, It drives the poisons out of the system and establishes strength to resist future attacks. 1 FINE ANTIQUE ADVERTISEMENTS. A GREAT “G0” In every particular, that's the honest, unbiased verdict up to date. People are buying bet- ter Shoes for less money, and it is quite evident that they find in our store attractive bar- gains that irresistibly appeal to them. Third installment list full of prices greatly reduced. 1100 pairs Ladles’ French Kid But- ton cloth or kid top, lma.Tv : in toe and pat- ent-leathe tip; our own Take, at $1.75 900 _pairs ladie: extra quality French kid foxed, fancy silk vesting top, lace shoes, Iatest s coin toe and patent-leather tip, flexible sewed &0l our own make. Going at - $2.50 650 pairs ladies’ fine patent-leather 1ace Shoes, fancy silk _vesting top, latest style, coin to Dur- ing this sale, at - $2.25 FOR THE LITTLE FOLKS 1500 pairs misses’ and children’s fine box-calf lace Shoes, heavy soles, latest style coin toe; the best and soft- est school shoes made— 6 to 10 12 to 2. K1.00 - BL2S OUR BARGAIN COUNTER IS A GREAT DRAWING CARD. Shoes worth_ $4.00. pair put out for S$i. pair. Men's French caif, Shoes ~ worth $7.00 on bargain counter at 450 pairs men’s French-enamel lace Shoes, calf lined, genuine hand- sewed, double ' soles; - regular price $8.00. To be closed it e $3.50 800 pairs men's calf, lace and Con- gress Shoes, sewed koles, stretched edges, square toe or London oo worh 3500, Going ato.. 51,50 1200 pairs men’s fine viei kid lace Shoes, hand-sewed, welted soles, lat- est coin toei a 'fine dress Shoo, worth $.00. To be sold oot at $3.50 750 pairs boys' fine calf button Shoes; sizes 11 to 5. AL e Nothing old or antiquated in this lot of Shoes. All new and best styles. We satisfy you or return your money. Mail orders filled promptly. NOLAN BROS., 812-814 Market St., Phelan Building, San Francisco. THE AUCTIGN SALE OF R TURKISH ugs 128 GEARY STREET, WILL CONTINUE POSITIVELY ONLY TWO DAYS, TO-DAY AND WEDNESDAY at 2:30 p. m. For the Benefit of BANKERS and BUSI. NESS MEN I Will Hold a Speclal EVENING SALE TQ-DAY, TUESDAY at 8 p. m. Sale ABSOLUTE, UNRESERVED. A. W. LOUDERBACK, ‘Auctioneer. “PEGAMOID” TRADE MARK. ALUMINUM PAINT, for decorative and general uses,.on wood or metal, washable, un- tarnishable. LOOKS LIKE FROSTED SIL- VER. 3 PEGAMOID LEATHERS WATERPROOF, GREASEPROOF, STAINPROOF, superior in all respects to natural leather. Send 2%c for SAMPLE BOTTLE PAINT, or enough leather to cover dining chair, desk or footstool, and pamphlet. WHAT IS PEGAMOID ? PEGAMOID LEATHERS AND PAINTS on Exhibition. We Cordlally Invite Inspection. Come and See a PEGAMOID ROOM. On Sale—EMPORIUM and WILL & CK. WESTERN 61 and 62 Chronicle building, COKE! COKE! COKE! P. A. McDONALD, 813 FOLSOM STREET, ‘Telephone South 24. and Importer of all brands of COK®E. HOWARD AND BEALE 8T& AG Dealer Yards at