The San Francisco Call. Newspaper, February 5, 1899, Page 15

THE SAN FRANCISCO OALL, SUNDAY, FEBRUARY 5, 1899 by the Rev. T. H. Woodward, Edward P. Norwood of San Francisco and line Greenwald of Summerville, Or. {OEBERER—In this city, Febru- = Rev. J. Fuendeling, Her- k of Sacramento, Cal., and er of San Francisco. In_this city, February 2, v. J. H. Schroeder, Henry B. ma Martens. DIED. Bistrup, Hans W. Hale, Lydia M. Bowman, Mrs. Hennessy, John 3 Henriksen, Sarah N Holland, John ., Willlam G. Hattle Thomas C. . A n, E Rose rrimai Metzendorf, Mrs. A. Moraghan, Julla A. Moylé, John Musladine, Katle Pattison, George F. Ryan, Elster Mary anderson, Luther C. Manuel Caroline E. on, John | Youngman, George | February 1, 1889, Hans | A of Mary Bistrup, a el 61 years 8 months of Golden Gate Lodge Knights of Pythias, and Verein Ein- ends and acquaintances are respect- ted to attend the funeral this day 1 o'clock, from his late resi- between Stockton and racht Hall, on Twel , where the 'funeral 2 o'elock, under the Eintracht. Interment = c v, February 4, 1899, Mrs. y, February 3, 1539, Be) f Margaret Bradle: adley, a native of the County Donegal, Ire- s are respect- +al to-morrow ross Cemetery. BRIDGE and County F s Bridger, Hospital, a native Lappin and Mrs. MeQuade £ Granemore, Armagh, Treland, aged 70 years. A | of the Third Order of St. Francis. is und acquaintances are respect- ted to attend the funeral this day | t ock, from her late re om street, thence to Si where a requiem high mass | will be celebrated for the repose of her soul, at 9:30 o'clock. Interment Mount tery. s city, February 2, 189, Cath- sved daughter of Joseph F. and rooks, a native of San Francisco, 5 months and 26 days. (Massa- please copy.) nd mcqueintances are respect- 1 » attend the funeral services (Sunday), at 1 o'clock, at the M E. L. Brooks, 950 Poplar privite. 1899, Lorenzo Mas: aged 70 | ermen ‘ebruary Lowell, quaintances are respect- | funeral this day | the parlors Ness avenue. igh mass of re- (Monday), at h, for the re- homas Cain. ebruary 3, ther of N. t Campbell 1893, ive of Cardinge, ged 40 years. (Bos- ase copy.) ances and members | \e Firemen's Union the funeral | from the | 31 Eddy | Pebruar: ife of Alex. Camp- A. M. de la Rosa, | a, a native of Mo- | ars 6 months and 8 | r of Mrs. of Frank A Cal., aged 25 ) riends and acquaintances are respect- i to eral to-morrow 8134 Greenwich of Nuestra Senora_de Guadalupe, Broadway, re a solemn requlem high mass will t e of her soul, | Interment Holy | v 4, 1809, Mary, arey, a native of County Kllkenny, I hereafter. February 8, 1899, | aughter of Stephen | 1 sister of Tresa, . ral to-morrow from the parents’.| eet, San Bruno road. | Lawn Cemetery. t Fabiola Hospital, | d of Carrle M. b Genevieve and .a native of Oakland, aged 38 | 3 months and 2 days. Friends and invited w nday) nue, Alameda. CORICH—In the City a % 4, nces are respect- ounty Hospital, , a native of ears. NGHAM—In Oakland, February 4, 1899, Rose Cunningham, a native of Kil- Ireland, aged $3 year Iy invited to at- Monday), at 8:30 o' clock 1640 Tele- repose of her soul, Interment private, metery. this_ city, February hus in-law of Mrs. York, age ¥ 5 months and 25 days. G Friends and acquaintances are respect- fully invited to attend the funeral Tuesday, Februar: at 2 o'clock, from the residence of his mother-in-law, Mrs. Webster street, between Turk and Eddy. terment Laurel Hill Cemetery. DUNSENBERY—In this city, February 4, 189, Hirsch, beloved husband of Rosalia” Dusen- Anna Bening, 1114 In- Yotice of funeral hereafter. DWYER—In this_city, February 3, 189, Ellen Marie, only and dearly beloved daughter of George A. and Mary Frances Dwyer (nee Corbett), and slster of George and Robert Dwyer, ' native of San Francisch, aged 8 months and 24 days. {7 Friends and acquaintances are respect- invited to attend the funeral this day (Sunday), from the residence of her parents, 445 Tenth street, at 1 o'clock. Interment Holy Cross Cemetery. EARLE—In this city, February 4, 189, Mary §., beloved mother of Cornelia Earle, & na- tive of Ohio, aged 48 years. ERRATT—In this city, February 4, 189, Mu- sette A., dearly beloved and youngest daugh- ter of Fred A. and Mary E. Erratt, only sis- ter of Myrtle L. Erratf, and beloved grand- drughter of George E. and Elizabeth H. Brandt, a native of San Francisco, aged 1 year 11 months and 21 days. FLEMING—In this city, February 4, 189, Ed- ward C., eldest and dearly beloved son of Tdward J. and Kate Fleming, and brother of Willle Fleming, a native of San Francisco, | rears 9 months and 9 days. ds and acquaintances are respect- | 4 to attend the funeral to-morrow | ), at 2 o'clock, from the residence of | ts, 4164 Seventeenth street, near Eu- | n Berkeley, Mitchell J., beloved. son | hell and Sarah Ford, a mative of | ¢, aged 1 vear 4 months and 7 days. In Los Angeles, February 3, 180, S. | aged 42 years. | Los Angeles, January 31, 1899, | rly beloved son of Willlam and | alley, and brother of George Gal- | of 'Los Angeles, aged 1 year and | GRE In this city, February 4, 1599, George, beloved husband of Annie Green, and father | of Mre. L. J. Ginder and the late John, Ed- mund §., Charles T. and Marguerite Green, | a native of England, aged 50 ars. 7 Friends and_acquaintances are respect- | fully invited to attend the funeral to-morrow (Monday), at 1 o'clock, from the undertak- | fng parlors of James Hagan, 44 Valencia | strect. Members of Friendship Lodge N 17, U. W., are invited to attend. In- terment Cypress Lawn Cemetery. | HALE—In this city, February 4. 1899, Lydia Marie, beloved daughter of John T. and Lydia Hale, and granddaughter of ~Mrs, Lyala Roberts and the late John B. and DeliaHale and Willlam Roberts, a tive of San Francisco, aged 1 year § mont and 18 days. HENNESSY—In this city, February 4, 150, John, beloyed husband of the late Catherine | Hennessy, ‘father of James, Edward, Charles and Joe Hennessy and Mrs. John Woodall, HENRY J. GALLAGHER CO,, (Buccessors to Flanagan & Gallagher), FUNERAL DIRECTORS AND EMBAL “TR& %0 Fifth st., efimflu Liacoln schook Telephone South t I and brother of Mrs. Margaret Gallagher and Mrs. Annie Buckley, a native of County Cork, Ireland, aged 72 years. [7Friends and acquaintances are respect- fully_invited to attend the funeral this day (Sunday), at 1:30 o'clock, from his late resi- dence, Zoe street, thence to St. Rose’s Church for services at 2 o'clock. Interment Holy Cross Cemetery. N—In this city, Februa: 3, 1899, Sarah, beloved wife of . P. Henriksen, mother of W. J. and E. J. Rorke, daughter of Manuelita McNeil, and sister of W. Me- Nell, a native of San Francisco, aged 39 years and 10 months. HOLLAND—In this city, February 2, 1899, John Holland, a native of Holland, aked 73 years. [> Friends and acquaintances are respect- fully invited to attend the funeral to-morrow (Monday), at 2 o'clock, from the parlors of Charles J. B. Metzler, 636 Washington street. Interment Laurel Hill Cemetery. HUNT—In Oakland, February 4, 1899, Wil- liam Gaston Hunt, a resident of Woodland, Yolo County, aged 70 years and 9 months. | JONES—In this city, February 3, 1599, Hattle, beloved daughter of George and Lizzie Jones, a native of San Francisco, aged 4 years and 1i_months. (7 Friends and acquaintances are respect- fully invited to attend the funeral this day Sunday), at 2:30 o'clock, from the parlors the United Undertakers, 27 and 29 Fifth street. Interment Laurel Hill Cemetery. KNIGHT — In_ this city, February 3, 189, Thomas C., beloved husband of Mrs. T. C. Knight, a native of Michigan, aged 3; years. [ Friends and acquaintances fully invited to attend the funeral to-morrow (Monday), at 11 o'clock, from the parlors of Charles J. B. Metzler, 638 Washington street. Interment Laurel Hill Cemetery. LANDER-In Sacramento, February 3, 18%, T. e funeral will take place this day (Sunday), at 1:30 o'clock, from his late resi- dence in Sacramento. GRAND LODGE KNIGHTS AND LADIES OF Honor—Members are requested to attend the funeral of our late brother, Past Grand Pro- tector T. A. Lander. LIZZIE J. WHEELOCK, Grand Protector. H. J. QUITZOW, Grand Secretary. LYCETT—In this city, February 4, 1599, John, dearly beloved husband of Annie Lycett, and father of Frank and Bernard Lycett, a na- tive of Boston, Mass., aged 60 years. LYNCH—In this city, February 2, 159, Mary, beloved wife of the late James Lynch, and dearly beloved mother of Mary, Teresa and the late Katie and James Lynch, a native of Ireland. = Interment private. McCARTHY—In this city, February 4, 1899, Charles McCarthy, beloved father of D. J. J. T., Frank, Louise and C. J. McCarthy of Honolulu, a native of Bandon, County Cork, Ire , aged 73 years. {7 The funeral will take place to-morrow (Monday), at §:30 o'clock, from his late resi- dence, 325 Tenth street, thence to St. Jo- seph’s Church, where a' requiem high mass will be celebrated for the r at § o'clock. Interment Holy se of his soul and dearly beloved mother of Martin, and Katle McLaughlin and Mrs. Mary fert, a native of County Galway, Ireland, aged 53 vears. 7 Friends and acquaintances are respect- fully invited to attend the funeral this day (Sunday), at 9:30 o'clock, from her late resi- | Pat- In- dence, 317B Tehama street, thence to St. rick’s Church for services at 10 o'clock. terment Holy Cross Cemetery. MAGNUSEN—In this city, February 3, 1899, Bdward Magnusen, a native of Sweden, aged 35 years. [ Friends and acquaintances and officers | and B. Union of | and members of the B. P. California_are respectfully invited to attend the funeral of our late brother, Edward Magnusen, to-day (Sunday), at 1 o'clock, from the parlors of the United Undertakers, 27 and 29 Fifth street. Interment Laurel Hill Cemetery. By order of GAP! HENRY P. ANDRESEN, Rec. Sec. MERRIMAN—In this city, February 4, 1899, Rose, beloved daughter of Isaac and Nieves Merriman, a native of San Francisco, aged 6 ears 3 months and 17 days. ZENDORF—In Napa, C 1599, Mrs. Anna Metzendorf, Herman Metzendorf, and mother of Mrs. A. Johnson of Mount Eden and Fred, Herman, Dave and Lizzie Metzendorf, Pres. DRESEN, 2, February F. C. Hansen, . F. Hoops and Mrs. H. Steffens, a ive of Cappein, Holsteln, Germany, aged 60 vears 9 months and 28 days. = Friends and acquaintances are respect- | nyited to attend the funeral this day /), at 2 o'clock, from the parlors of Theodor Dierks, 957 Mission street. Inter- ment Odd Fellows' Cemetery. 18 MORAGHAN—In this city, February 2, Julin A., beloved wife of the late Moraghas, and mother of John, James, Elsie, harles, Eugenia, Francls, Milton and Eugene aghan, & native of New Orleans, La. [ Friends are respectfully invited to at- tend the funeral this day (Sunday), at 10:15 o'clock, from her late residence, 431 “Thirteenth street. Interment Cypress Lawn Cemetery, by train from Twenty-fitth and Valen streets at 11:40 o'clock. MOYLE—In this city, February 4 189, John Moyle, a native of England, aged 65 years. MUSLADINE—In this city, February 3, 1599, Katie, beloved wife of Louis Musladine, and mother of Peter, John and Lewls Musladine, & native of Ireland, aged 3! T8, @ Friends and acquaintances are respect- tully fnvited to attend the funeral this day (Sunday). at 1 o'clock, from her late dence, 1309 Castro street, thence to St. James Church for services at 1:30 o'clock. Interment Holy Cross Cemetery. PATTISON—In Alameda, George Frederick, {;\hbn\nd 1899, Patti- B. February. of M.V V. Clark, 4, —In this city, February 4, 1899, Sister > Victorine Ryan, a native of San Fran- clsco, aged 27 vears. 7 The funeral will take place to-morrow (Monday), at 9 o'clock, from the College otre Dame, Dolores street. Inter- Cross Cemetery. February 4, 1899, n, a native ot Bos- and 9 months. ctfully unday), from his tend his funeral late residence, 1 street. SILVA—In this city Jruary 4, 1899, Manuel, dearly beloved husband of Lida Silva, father of Alice Silva, brother of Mrs. Mary Gill, Mrs. Annie Phillips and Joseph, Mike and | Rose Silva, son-in-law of Mrs. Mary Demar- tini, and brother-in-law of Mrs. Charles Ross- back, Mrs. F. Messine ana . Mike Silva, a native of Boston, aged 36 vears 1 month and 27 days. SMITH—In_East Oakland, February 4, 1893, Caroline E. A., beloved wife of Charles H. Smith, a native of England, aged 36 years 1 month and 21 days. THOMSON—In Juneau, Alaska, January 27, 1899, John Thomson, late of Oakland, beloved husband of Annie C. Thomson, and father of Herbert and George Thomson, a native of Portessie, Banffshire, Scotland, aged 01 years 4 months and 20 days. YOUNGMAN—In this city, February 4, 1899, | George, beloved husband of Mary Youngman, and father of George and Willlam Young- man, a native of Germany, aged 67 years. 7 Notice of funeral hereafter. P AROUND THE CORRIDORS. C. M. Bruce of Arizona is at the Occl- dental. John Link of Tesla is registered at the California. R. H. Baxter of Bath, Me., 18 registered at the Palace. Judge N. O. Bradley of Visalla is a guest at the Lick. Attorney C. A. Stonesifer of Modesto is staying at the Lick. James Muir of Franklin Tunnel is a guest at the Grand. Attorney Arthur L. Levinskey of Stock- ton is at the Palace. T. A. White, the well-known banker of Fresno, 1s at the Lick. J. G. Burgess and wife of El Cajon are guests at the Occidental. R. E. Jack, a banker, from San Luls Obispo, is at the Palace. John Arnold, a rich land proprietor of Capay, is staying at the Grand. Ex-Mayor B. U. Steinman of Sacra- mento is registered at the Palace. R. W. Harrison of New York and Don- ald Fuller of Portland are staying at the Palace. N. Wines of Santa Barbara, who s in- terested in the stage lines of that county, ig at the Grand. D. Tiffany of New York 1s a guest at the Palace. Mr. Tiffany is related to | the Vanderbilts by marriage. 1. N. Peyton, a rich mine owner, of Port- 1and, and Austin Corbin, a capitalist, from the same city, are among the guests at the Palace. Dewitt B. Lowe and wife of Salt Lake City are at the Palace. Mr. Lowe is a rich banker of Salt Lake and also a prominent citizen. Miss Blanche Jones and her brother, Gregory Jones, of Blackfoot, Idaho, ar- rived at the Palace last night. They are here to visit their father, Colonel J. W, Jones, who recently returned from Ma- nila. Colonel Jones commanded the Idaho battallons which went to the Philippines as @ part of the Elghth Army Corps. —_—— CALIFORNIANS IN NEW YORK. NEW YORK, Feb. 4—J. L. King of San Francisco is at the Netherlands. Miss Emma Butler of San Francisco is at the ‘Windsor, are respect- | L, wife of the late | and sister of | resi- | invited to at- | CREDITORS MOURN HIS | DEPARTURE Mannie Clayburg Has Left Suddenly. WINE, WOMEN AND SONG | HABITUES OF THE TENDERLOIN LOSE A “G0O0D THING.” | “Gay” Monroe, a Transient Butterfly, | Said to Be at the Bottom of the Butcher’s Disap- 1 pearance. The gilded paths of the tenderloin have claimed another victim. E. P. Clayburg, | club man, good fellow and junior mem- | ber of the wholesale butcher firm of Clay- burg Bros. & George, after a few years of gay life along the cocktail route, has finally become invplved in difficulties | which caused him to leave town suddenly. | His unexpected departure is mourned by a host of creditors, but it is claimed by his family and intimate friends that his financial difficulties played no part in his | sudden leave-taking. Young Clayburg left the city last Bat- urday night and went direct to Sacramen- to, where it is sald he was met by *‘Gay" Monroe, an exceptionally beautiful wom- | | an, who boasts of more than several yvears | | of butterfly existence on the tenderlofn. | “Mannie” Ciayburg, as he was| | familiarly called by the habitues of the | tenderloin, on whom he lavished his | | money, met the woman in this city in a | | Powell-street cafe about tw) months ago | and became infatuated with her. They | went driving together, enjoyed wine sup- | pers, and in short cut a swath on the line | s wide as Market street. Another woman, | a friend of the young butcher, who occu. ies a swell flat on Jones street, heard of er lover's escapades with the Monroe | | woman, and she is said to have made ugly | | threats' of reprisals if the intimacy was not discontinued. “Mannie’s” intimate friends assert that he desired to rid him- | self of the Jones-street woman, and for | that reason he left town. This solution, however, does not account | for the many debts Clayburg left behind, most of which were incurred at the poker table, and other pastimes which = part | wealthy young bloods from their money. | The young man's father denies abso- lutely that “Mannie’s” sudden departure | was “caused by any financial difficulties | | which he may have had with the firm. | In fact, Mr. Clayburg Sr. asserts that his | | son still has money to his credit on the | books of the firm. Clayburg was known on the tenderloin as both a good fellow and a ‘“‘good thing.” On_the Monroe woman he lavished money and jewelry, much to the discomfiture of other women who claimed “Mannie” as | their own private property. “My son is no longer a member of the firm,” sald Moses Clayburg, the young man'’s father, when seen at his home, 1810 Bush street, last night. “It is true that he left town rather suddenly, but he does not owe the firm a dollar. I understand that he owes several little debts down- town, which if presented to me will be paid; that is, of course, if they are legiti- | mate debts. I will not liquidate any of | my son’s gambling debts. 1 don’t know | | where he has gone, and I have not heard | | of him since ne left. Several persons have | informed me that my son took with him | money belonging to the firm. Now, that is all nonsense. Mannie does not owe us | a penny.” 'GAINES’ AMENDMENT ‘ IS RECONSIDERED INTERIOR CYCLERS CANNOT | RACE FOR CITY CLUBS. | | The regular meeting of the California Cycling Clubs held last night {n the Par- | rott building was largely attended. Every club belonging to the body was represent- ed by its delegate. The cause of the big meeting was the in- terest taken in certain legislation brought before the January meeting, which has | | been termed the *“Gaines amendment,” | providing that any member of the asso- ciation may ride In interclub races | whether he be a resident of the city whence his club hails or not. . The kernel of the question is this: | Whether or not a rider living in an out- side town can ride for a San Francisco club. The law was passed at the last meeting, and a motion for reconsideration | came up last night. The adherents of the law urged that a man should be permitted to ride for any club he pleased. The op- ponents argued that that discouraged the organization of clubs in small interior tow that any good rider developed in an outside town should ride only for the club existing in his locality. The debate on the question was long and heated. The fight for the reconsid- eration of the amendment was led by | Charles Albert Adams, followed by J. A. \]“'lmdsun of Sacramento and T. G. Spil- ane. The opposition forces opened with Judge | Frank H. Kerrigan, followed by Dr. Thomas L. Hill and Percy N. Long. ‘When the question was finally voted on, the motion to reconsider was carried by 16 to 11. The amendment itself was then _\'o‘led upon, and was lost by the same vote. Under the rules as they now stand, a man must be a resident of the city in which his club is located €60 days before any interclub race. | A motion to require every man riding in any event sanctioned by the association to belong to the body itself, whether a club member or not, was voted on and[ carried by a vote of 17 to 8. Mr. Woodson of Sacramento proposed that at the March meeting the delegates discuss whether it would not be better to have the association composed only of individual members and no clubs. The resignations of the Olympic Cyclers and California Cycling Club were read and accepted. Chairman W. L. Loos of the racing board reported that at the coming indoor tournament a trophy race would be rid- den, for a valuable cup to be known as | the Bushnell Trophs'. e stated that the following rules had been laid down for the event: 1. The same shall be an unpaced amateur two-mile pursuit race, contesting teams to start at opposite sides of the track. 2 A team shall consist of two riders from each club competing. 8. Two clubs only shall compete at one time, 4. The first man finishing in each race shall be declarcd winner, and his team shall count one point. 5. Each team shall compete with every other team once only, except in case of a tie between the clubs having the largest number of points at close of contest. When an extra race shall | be run to decide said tie, the winning team of said_heat shall be entltled to the trophy. 6. Should more than two clubs be tie on points each club may select a rider to represent it in a scratch final. In case of any rider becoming disabled in such a manner that he cannot compete, his club may select a substitute. Any other rule necessary shall be hereafter annexed by the track racing committee. The following clubs were represented at the meeting: ‘Acme Club Wheelmen, by T. D. Whit- man, W. H. L. Hynes; Bay City Wheel- men, by Frank H. Kerrigan, Dr. Thomas L. Hill, BHarry Larkin; Capital City Wheelmen, by J. A. Woodson; Encinal Wheelmen, by M. E. Gaines, C. A. Danly, W. W, Thompson;” Fagle Cycling Club, by Daniel J. Scully, A. M. Mcgunlg; Gar- den City Wheelmen, by J. B. Lamki Olympic Club Wheelmen, by Charles Al- bert Adams, T. G. Spillane; Reliance Club Wheelmen, by E. Lehnhardt; unattached, Stanley G. Scovern, Paul M. Nippert, W. J. Kenny, Percy N. Long. ———————— Advances made on furniture and planog, with Lor without removal. J. Noonan, 1017-1023 Mission. CORDELIA BOTKIN HEARS HER DOOM PRONOUNCED Sentenced to Life lmprisonmefit by Judge Cook—N: tice of Appeal Is Given—Condemned Woman's Counsel Are Still Confident. UDGMENT has been pronounced against Cordella Botkin. Yesterday morning this monstrous criminal, condemned by a jury to a life of penal servitude, stood before Judge Cook and with voice trembling fear, protested her innocence. “I should not be sentenced for this cruel crime,” she sald, “because I am innocent of its commission.” She then took her seat. “Stand up, please,” sald Judge Cook, and the weary, nervous woman, supported by her sister, Miss Dora Brown, again rose to her feet. The indictment was read and the facts of the trial and conviction cited. Then in a low tone Judge Cook said: “It is the juds- ment of this court that you be taken to the State Prison at San Quentin and confined therein for the term of your natural life.” Judgment had been pronounced and with it hope seemed to desert the condemned woman. Still she was strengthened by the memory of her lawyer's words when he closed his last plea in her behalf: “If this court decides that we are wrong in our contention that this court has no jurisdiction we will not be dis- mayed, but will take our exception and with it go to the court of last re- sort, where we have no fear of consequences.” When Mrs. Botkin’s case was called by Judge Cook at the opening of the morning eession Mrs. Botkin expected that the passing hour would ses her on the road to freedom, but she was in error. Her counsel rose and made a formal motion for a new trial. A similar motion had been argued the preceding week, the court had prepared his decision and it was against the prisoner. Judge Cook took up the manuscript and read it in its en- tirety. In part it reads: The only question presented on the argument of the motion for a new trial herein was the question as to whether this court had jurisdiction to try the de- fendant for the crime charged In the indictment. All other questions included in the written motion for a new trial were passed and submitted without argu- ment, and no affidavits were presented In support of such grounds as were based on affidavits. The question of jurisdiction was not raised on the arraignment of the de- fendant elther by demurrer or otherwise, neither was it raised at any time during the course of the trial, either by objections to evidence offered or in the instructions requested by the defendant, or at all. Now for the first time since the flling of the indictment herein the jurisdic- tion of the court to try the cause is questioned, and in questioning the same the court is asked by defendant's counsel to say in one and the same breath that it hl}:dno Jjurisdiction to try the cause, but nevertheless will order the same re- tried. The Bupreme Court has held that *a motion for a new trial presupposes a sufficlent valid indictment upon which, with sufficient legal evidence in support of its allegations, a legal verdict and a valid, binding judgment may be pro- nounced. The statute does not contemplate or authorize a retrial upon an in- sufficlent or invalid indictment; hence a motion for a new trial cannot properly be based upon any objection to the sufficiency or validity of the indictment, or any errors or irregularities occurring in the proceedings before issue of fact joined by plea to a good and sufficient indictment, the object and purpose of a retrial’ being simply to enable the trial court to avold the errors and irregu- larities claimed to have occurred on the former trial to the prejudice of the rights secured to the defendant.” Section 1181 of the Penal Code enumerates specifically the grounds upon which a motion for a new trial may be granted, and “want of jurisdiction” not one of them. ““There being no other grounds upon which a new trial can be granted, it necessarily follows that unless some other reason than an alleged want of jur- isdiction exists the motion made must be denied, and as no other reasons have been called to the attention of the court and the court is satisfied that the evi- dence given at the trial is sufficient to sustain the verdict rendered, the motion for a new trial is denied.” An exception was taken to the court’s order and without delay Attor- ney McGowan, who, with Attorney Heggerty, represented the prisoner, made a formal motion for an arrest of judgment. Such a motion—its purpose be- ing to attack the jurisdiction of the court—was anticipated by Judge Cook and a decision denying the motion was read. Stripped of {ts legal verbiage and citations the decision reads: The indictment in this case charges a murder perpetrated by means of poison, not by personal violence. On the face of the indictment it appears that the poi- son was prepared in this city and county and, so far as the defendant could personally administer it, was delivered and administered here, all with the willful and maliclous intent to kill. The deceased, however, was not here in person at the time of such delivery and administering of the poison, but subsequently par- took of the same and in consequence died. Her death and the actual swallowing of the polson by her occurred in the State of Delaware. Defendant contends that no murder was committed here, and consequently that there is no jurisdic- tion in this court to try the cause. After the polson had been deposited where defendant deposited it with the intent to murder and to have deceased manually take the poison and eat thereof, had the deceased come to San Francisco and from such place taken possession of it, returned to Delaware and there partaken of the same and died, would this be the contention, or would defendant so contend had the poison been delivered into the hands of deceased or placed within her reach (with the Intent that she should partake of the same and thereby die), and thereafter deceased should have taken it with her into another State, there partaken of it and died? In either of such cases there would have occurred within this jurisdiction the two main elements of the crime of murder—the act, so far as the defendant could act, and the intent would have united, and all within this jurisdiction. In a poi- soning case, where the deceased recelved, ate and died all in the immediate presence of a defendant and within the confines of a room, the defendant would be gullty of murder if he handed to the deceased the poison, having at the time he so handed it the intent to kill; no further act would be required of him. That the deceased with his own hand conveyed the poison to his mouth would not lessen the defendant’s’ crime. The law would not require the prosecution, in such a case, to prove that the defendant not only delivered and handed the poison %o the deceased but also that he by his own hand poured it down the throat of the deceased. Suppose this case: Jones, In a kitchen, believing that Brown is dining alone in an adjoining room, and intending to kili Brown, places pofson in food sent from the kitchen and placed before Brown at the table where he sits. Unknown to Jones, a guest against whom Jones has no evil intentions is dining with Brown. Both Brown and his guest partake of the poisoned food and as a result dle. Jones has not left his kitchen. He did not place the food to the mouth of either. His act consisted merely in placing, with the intent to kill, poison within the reach of one of them. Their eating and their death were but the consequences of his act, which was coupled with an Intent to kill. Could it be claimed that Jones was not guilty of the complete crime of murder and that, too, regardless of whether Brown, his guest, or both of them dled? As further examples of my meaning: A willfully and with Intent to kill mixes poison in a flask of liquor and hands it to B, who, by his own hand, places it to his lips and dles. This is murder. The act of A was but the delivery. Tt was the act of B himself that actually produced the result. Yet, the act of A made it possible for B to partake. The act of B, as well as his death, were but the consequences of the act of A. The act of A having been coupled with the intent to kill constituted the complete crime of murder—what followed was but the consequence. If these thoughts be logical, it would hardly seem necessary to consider any of the many subtle arguments and supposed precedents which have been pressed on the court’s attention by counsel on the motion in arrest of judgment, as well as on the motion for a new trial, argued herein. All of the murderous acts which the defendant (in this or any case) could herself commit, were com- mitted in San Francisco, and with the intent to kill existing here at the time of the commission of such acts, all else is but the sequence to such acts. Every one is presumed to intend the ordinary consequences of his acts and is unquestionably responsible therefor. Murder by violence, as by a blow, or a bullet, and mur- der by poison are clearly distinguishable. In the first personal contact and an act by the hand of the accused is required to accomplish the crime, while tn the latter it is the act of the deceased that operates as the immediate cause of death; the act of the accused is complete when he has made it possible for the Feceu}?‘od “t) do that which produces the result which he 1ntendedpby, and to fol- ow, s act. The case is, therefore, distinguishable from the Hall case, which was by violence and the long line of cases which hold that the place where 1s inflcted or the poison administered is the locus of the crime, support the jurisdiction of this court. It would seem, therefore, that it is unnecessary to a tion of section 27 6f the Penal Code. e Miemptian interpreta It is claimed by the District Attorney that if jurisdiction by reason of the facts themselves, it does attach by reason o?"g’e’u?é’:f.’é'“&'& and 656 of the Pegal Code, when read together, giving them the liberal ton. truction required by section 4 of the same code. It is claimed that such seo- tions mean sim l{ hat all crimes created by the laws of this State which are in art committes y persons within this State, may be prosecuted under ous aws. The defendant claims that section 27 does not create a crime, but vides for tho punishmont of crimes crentcd by other atatutes, and hasrely bro tion can only be found in the chapter of the code relating to jurisdictlon. The Supreme Court of this State has held In the case of People vs. McNult: (98 Cal., 438-9) that a statute referring exclusively to laws creatl; 3 ¥ cluged i statute provided for punishment only. e crimefin n a very recent case (People vs. Black, 16 Cal., Dec. $3) the Supri algo held that in looking for statutes conferring jurisdiction other x;gcmu?:ncsougs the code than those found In the chapter relating to_the subject of jurisdiction could be Invoked, and that although jurisdiction could not be found in a certain case under that part of the code devoted to such subject it was given by a statute in another, part of the code, which provided that a person doing a cer- tain thing might “be convicted and punished” in the same manner as if such crime had been committed in this State. The word “punishable,” used'in sec- tion 27, Is even a broader word than either of those used in the section there con- strued. Punishable inclfes not only the extent of punishment possible to be inflicted, but the liability to trial, conviction and punishment. The question here presented belng to a certain extent a new one and there being absolutely no case capable of being produced as a precedent which 1s, as the saving is, “on all fours” with it, and involving as it possibly does an’ in. {erpretation for the first time of section 2 of the Penal Code, It ohouls bo passed upon by the Supreme Court, the jurisdiction of which extends over the entire State and the decision of which will govern all trial courts in the State in which the question might In the future arise. 1 do not feel justified under my views, as hereinbefore expressed, fn r to pronounce judgment on a verdict of guilty, rendered in a l{flase of muredf:flgg monstrous and diabolical as the verdict in this case stamps this homicide to have been. The crime is almost unparalleled, Our code requires that its proyis- fons are to be construed according to the fair import of their terms, with a view to effect its object and to promote justice. It would not be the promotion of justice, but rather the promotion of a failureof justice, to so construe the statuta as to permit a crime so diabolical as this to go unpunished and the criminal un- whipped of justice. The motion in arrest of judgment i3 denfed. An exception was taken to the second ruling of the court, and verbal notice of appeal was given. Mrs. Botkin’s lawyers will not busy themselves prepn.rinf a bill of exceptions. The bill will be settled by the court and then a writ of probable cause will be granted together with a stay of execution. In the meantime Mrs. Botkin will remain in the branch county jail, a guest of the Sheriff, with time sufficient before the Supreme Court disposes of the matter to think over her past and sorrow over her future. Although Mrs. Botkin seems resigned to fate, her attorneys are pleased with the decision of Judge Cook. They state that the opinion, although dwelling on the fact that such a crime as charged should be punished, cites no law upon which it can be based, and they say that they can read be’tween the lines that Judge Cook is of opinion that the prisoner must be released, still he leaves the responsibility of freelng the murderess in the hands of the Supreme Court. They are satisfled with the holdings of the court and are confident of success when the higher tribunal is reached. killin, Q‘e blog would seem to SALARIES FOR NOVEMBER AND DECEMBER LOST No Hope of Their Be- ing Paid. NO SURPLUS CAN BE USED COMPARISON OF HALF-YEAR EXPENSE BUDGETS. Consolidating the Incompetent and Ancient Teachers Out of the BSchool Department Rolls. Relative to the chances of the teachers recovering their November-December sal- arfes and the merchants their merchan- dise bills a prominent attorney said the only method was for the victims to ap- ply to the Legislature for a relief appro- priation. However desirous the present board may be of paying the November-December sal- arfes they cannot legally do so, even if they ever have a surplus of funds. The year must become a part of the funds of the subsequent year. President Bergerot of the Board of Bd- ucation stated yesterday that he was sat- isfied that the court would decide as it did. By law the Board of Education can | not have and never had the authority to pay the indebtedness of one year out of | the appropriation of a subsequent fiscal | year. By reason of the constitutional pro- vision, he sald, the court was obliged to hold that the Auditor had no right to pay the $100,000 deficit of 1897-98 out of the school fund provided for the fiscal year 1898-99. “The entire appropriation,” continued Mr. Bergerot, “amounts to $1,217,140, and the Auditor's books show that up to Jan- uary, 1898, $572,899 was expended. This leaves avallable on January 1, 1899, a sum of $644,240 97. Now, under the one-twelfth act, the present board is entitled to six- twelfths of the entire appropriation, to wit, to the sum of $608, By subtract- ing this last amount m the amount available January 1, 1899, we have a bal- ance of $35,670 97, which must be credited to the first six months of the fiscal year. Out of the sum of $35,670 97 should he paid probably $19,000, the November-December | salaries of ‘teachers and janitors, and | about 388,000 for miscellaneous demands | already audited.” Director Holbrook, chairman of the Finance Committee, with Superintendent | of Construction Walker and a building pert, has visited a large number of the hoolhouses, and he finds many of them a wretched and shameful condition. in | He states that the $71,000 asked for by the building committee is not too much for needed work in the seventy-seven school buildings of the city, but it must be cut to not over $30,000. The plumbing in some of the buildings is almost useles and the sanitary condition of many out- houses and sheds is such that the Health Officers are liable to come down on them any day. The following i3 a comparison of the expenditures of the last board with the proposed expenditure of the present board | Tor a period of six months: July 1 to Dec. 31, 1898. Jan. 1 to July Committee. 1, 1899, The amount of the salaries of the old board, including November and December, | is $743,194. Auditor Wells has declined to audit the January salary warrants until he has received legal advice from his at- torney, General Dickinson, who is in Sac- ramento. This will prevent the salarles | being paid to-morrow. With February | salaries will be paid the 20 per cent held back from the January money, and_ all months hereafter will be settled in full. As the work of adjustment goes on, the incompetents who have burdened the teachers’ pay roll for years are gradually being brought into notice. In the reclas- sification system they were _shifted around, but no effort was then made to investigate their fitness. “I knew there was eligibles,” said Superintendent Webster yesterday, d that their cases . would come up for investigation in good time. The method now being pursued is to let their new principals report upon their competency, or even virtually refuse to recelve them as teachers in their respect- ive schools. Such reports will, of course, contain reasons for such rejections, and | 8o the question of professional fitness will | come before the board. One paper has published a list of elghteen alleged to be old and otherwise incompetent. Prob- ably six or seven of them will be sub- jects of investigation, while among the others are some of the best teachers of the department. “Every teacher's qualifications will be weighed and only complete fitness will keep them on the rolls. But few com laints have come to my office to-day and am pleased to see that affairs are ge ting down to a smooth condition again. The Taxpayers’ Educational League will hold a mass-meeting in Department 6 | of the City Hall next Wednesday even- ing. The object of the gathering Is to advocate the passage of the San Francisco Normal School bill through the Legisla- | ture and especially for the adoption of an | amendment for the immediate estgblish- ment of the school in temporary buildings here. The contributions from the pupils of the present Normal School for the month of February—S$ per girl—are ready to be paid into the school fund. Miss High, who was appointed sten- ographer at the last meeting of the old | board, replacing Miss Cusick, and who was dismissed at the first meeting of the new board, will be ‘pa.ld for one day's la- bor at the rate of $75 per month. The 20 rer cent, however, will not be deducted rom her salary. Next Monday the com- mercial class from _the Mission High School will enter the Polytechnic School. WIDL REPAIR COUNTY JAIL. tary Condition at Once. The Health and Police Committee of the Supervisors met yesterday and among others matters considered the communi- cation sent them by the Grand Jury re- garding the Insanitary condition of the Branch County Jail on Broadway. It was decided to reco T deguen 0 Tecommend to the board the bn{)lding habitable, in the way of permanent work will - ed.” It is intended -to conver?etfi;‘eb'gs:;- ment of the City Hall into a jail upon the completion of the Hall of }usme thus doing away with the building that has done duty for nearly fifty years. The gommittee agreed with the Grand Jury as scessity of re - wtlvl‘y lnstnumm}. Delis the Broad epresentatives of the Western Addt Development C mRauy presented gdp'éi’fl tlon asking that the board pass an ordi- nance prohibiting burials in the city after January 1, 1902. "It was declded to post- pone action in the matter for two weeks. —_———— The Lincoln Anniversary. The Junfor Order of United American Mechanics will on Sunday next observe the anniversary of the birth of Abraham Lincoln by atténding divine service in the Howard = street ethodist Episcopal Church, on which occasion the Rev. John A. B. Wiison will deliver a patriotic and appropriate sermon and W. Lord will 've a talk on the order. The members of e order will attend in regalia. e The Moore Investigation. The investigation into the charges pre- ferred against Major Moore by ex-Cus- toms Collector John H. Wise proceeded merrily yesterday before Special Agents Smith and Linck. Nothing new was elicited. Mr. and Mrs. Thayer, the land- lmo;z‘i\ay o'thaM'r"sfi ]PIcl}enal.“ u\;le thelr testi- 3 ole of which has been pub- | lished i The Call heretotore. 2 Nothing law says all surplus money of a fiscal | a number of these in- | be made to malke | TWO GREAT GUNS UINED BY FIRE Uncle Sam’s ,Loss at Marrowstone Point. WORKS LEFT DEFENSELESS FLAMES DESTROY THE BIG ENGINES OF WAR. Coating of Tar and Lampblack Put on to Prevent Rust Is Ignited By Sparks From a Furnace. Bpecial Diepatch to The Call SEATTLE, Feb. 4—It has just leak- ed out that through an accidental fire last Wednesday night the two great guns intended for the principal defense for the fortifications at Marrowstone Point were ruined, causing a loss to Uncle Sam of $200,000. People who have been near the Port Townsend point recently have noticed that the mammoth guns were no longer lying in the sand on the beach fronting on the fortification, but had been haul- ed up close underneath the high bluff and raised on a bed consisting of heavy dry timber cribs, three in number and twelve feet high. These cribbing sup- located at the muzzle, ports Wwere breach and center of the forty-foot guns. As soon as the cribbing had | been completed and the guns mounted several workmen were detailed to cover the pieces with a preparation of tar and lampblack to keep them from rusting. and it was from this work that the guns went to destruction. A small temporary furnace was bullt some distance from the cribs, where the coating was prepared. Several nights ago, when the workmen had ceased work, a strong wind sprang up and fanned the embers in the furnace into a blaze, and carried it across to the cribbing under the guns. The mid- dle crib was soon afire, and In a mo- ment all were burning flercely. The guns were red-hot before the men at the point arrived. Without thinking of the consequences, the bucket brigade deluged the guns with water. The ordnance remained all that night and for two days longer at a red heat, | and when they cooled and an exam- | ination was made a long crack was | found near the muzzle of one, and both | were robbed of their high temper, ren- dering them useless. HERMANN’S SONS. | More Than Fifteen Hundred Persons } Attend Their Masquerade. |” The tenth annual prize masquerade ball glven last evening in Eintracht Hall on | Twelfth street by the united lodges of the | Order of Hermann's Sons was attended by more than 100 persons. At 9 o’clock Prince Carnival summoned his people around him and delivered a poetic address in the German language, at the close of which the grand march as formed. It was led by J. Hohn, the | floor manager. The affair was under the | | charge of the following committees: Arrangements—O. Simon, Frank Mat- tow, E. A. Groezinger. | _ Floor—W. Bierbaum, R. Duttke, R. | Miller, Ch.” Wachter, Bugene Dents, J. | Juergénsen. Reception—W. Poehler, W. Cron, Ed Barwich, F. Voigtlander, Albert Jantzen, J. Pope, Alexander Krause, M. Demon, H. Bouc, E. Ehron, H. Heppert, Helmuth | Wrage, F. Herman, P. Otto, Ch. Kruec- | kel, J." Lippert, L. Bechtel,’ R. Rechen- | bach, J. Pope, Fritz Hoefinghoff, W. Rose, | R. Strauss, John Loesch. ‘At midnight the committee on Igrizes. | consisting of Fred Lux, Judge E. A. | Groezinger, Charles Hanselman, Super- | visor_Edward_Aigeltinger, J. F. Brendel | and William Knapp, awarded the prizes | to those who, in their opinion, were en- titled to them. —e———— Slipped on the Ice. James. Ward, Mission street, was | walking along O'Farrell street yesterday | morning and when between Franklin street and Van Ness avenue stepped on | an lcy part of the sidewalk and fell. He |wns taken to the Recelving Hospital, | where it was found that his right shoul- | der bone was fractured. Some one had | used a hose on the sidewalk and the | water had frozen. —_— e———— Internal Revenue Collections. | The following collections were made during | the month of January by Internal Revenue | Collector Lynch: Lists, $5011 18; beer, $71,820 70 | fruit spirits, $30,468 79; grain spirits, $41,668 89; | cigars, $15,388 19; cigarettes, $2002 20; snuft, $26 45; tobacco, $4653 54; specials, $3401 42; play- ing cards, $3; documentary stamps, $66,575 17; i stamps, $8737 09; export stamps, | 8 249,708 12 January, 183, collecs | tio /ADVERTISEMENTS. SENT FREE TO MEN State Medioal Institube Discovers a Remarkable Remedy for Lost Vigor. Th ARE SENDING FREE A TRIAL PACKAGH TO ALL WHO WRITE, Free samples of a most remarkable remedy are being distributed by the Bui Medical Institute, Fort Wayne, Ind. It cured so many men who had battled for years against the mental and physical suffering of lost manhood that the insti- tute has decided to distribute free trial packages to all who write. 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