The San Francisco Call. Newspaper, April 11, 1899, Page 5

| THE SAN FRANCISCO CALL, TUESDAY, APRIL 11, 1899. NEALL SICK, OVERWORKED, RRESPONSIBLE Trend of Testimony at His Court-Martial. MAJOR EDIE CALLED FIRST P'd Starving, Un- known . and Feared ltal- Sculp- 250 R ORERIRIR L 4RGN N o33 ian tor Sudden- BOOKS NOT KEPT, BUT PAPERS ALL SEEMED RIGHT. .’ ]y Finds . A @ @ ) Accused Suffered From the Effects of | Himeelf Fa- ¢ Grip and Would Not Have Acted * 2 as He Did Had He Been # SIONC and ¢ Well. J B¢ Respec ted With One Thousand Dollars t> His Credit, M Lieutenant John @ o ¢ S ¢ e ——emcmern s s D é ‘i’ - —— 3¢ LR O e R e R S = ] nil; did d h the local Itallan colony. A new respecting Itallans alluded as Zocchl, the anarchist.” Lik chi's fame camse over night. Satur XCITEMENT and jubllation rule artist has been discovered in its very midst, and the strange part of it all 18 that the sculptor to whom all would now do honor was not many days ago a feared and despised creature, one to whom all self- hat many another Ereat man, Zoc- ay last the world that can put its hand into its pocket and draw forth fists full of shining coins knew him not. Yester- day the busy little Itallan colony spoke only “Zocchi,” ‘“Zocchi,” and was dolng its utmost to spread abroad his fame. Zocch! has been commissioned by the committee that repre: nts the Itallan Mutual Benevolent Soclety to carve in marble and granite the monument that is to be placed {n the center of the new Itallan cemetery at San Mateo, and which will be the colony’s tender trib- ute to all who find a last resting place there. Competition for the honor was keen. Eight of the best known local artists eagerly sought for the prize, but the anarchist sculptor's work, by unani- mous vote, was awarded the contract, that calls for a monument twenty- three feet high resting on a pedestal fifteen feet square, and for which the artist’s emolument 18 to be $1000. When the Itallan Benevolent Asso- clation purchased its cemetery lot at San Mateo President Ravenna essayed, by general subscription, to ralse a fund for a monument. Money, however, was coming in but slowly, when J. F. Fugazi, with characteristic generosity, HReeReN R0 R 54N NIRIN S NIREN K+ R+ R+ ReRIRIBANBARIRNIRN+ R+ R+ R RN N 4 ZOCCHI, THE ANARCHIST, IS A MODERN ANGELO | i | B R S s SR e e tietietioti o 13+ %+ 230 e tie o AL G LR + R+ B oGOttt tien L R S O R S S S R e R e = ) 3023 2002002000 RNRNeRNININININE NG N SNELIRERIRNERNENENERNEN + 0+ L0200 50RNERNERRNINENIRNIRER e RN IRIRIRe &oséol offered to bear the entire expense of the monument. Artists were notified and asked to submit designs. Friday last eight designs were submitted and a note received from Zocchi asking the committee to call and view a clay model of the proposed monument he desired to submit. In a little hovel on Vallejo street, be- tween Sansome and Battery, in a tiny dark room that answered for both liv- ing room and studio, Zocchi received the monument committee. In a shad- owy corner the model stood—a model that filled the committee with delight and wonder and made each man turn round and congratulate his neighbor. The work pleased on account of the originality of the design, its tender, ex- quisite beauty and the rare art shown in the modeling of the angel of death, who stands at the right of the heaven- plercing shaft. Zocchi will immediately begin his work, and as soon as the monument s completed it will be placed in the new Italian cemetery. The committee to whom the work,of selecting the winning design was in- trusted consisted of J. F. Fugazi, Dr. Pescia, G. Almagia of L'Italla, F. Pe- drett{ of La Voce, ex-Senator C. Pal- ¢ mieri and G. Costa. * Zoccehi, the sculptor, is a graduate of the Academy of Art of Milan, and is said to be as fine a musician and poet as he is an artist. His assoclation & with the little band of harmless local & anarchists has been altogether a pas- & sive one. His anarchistic theorles are not those usually attributed to the an- archist, but rather the broad, generous theorles of a universal brothérhood. R SRR R RN ReRe N % i had need e had | much ‘time, now that it has started, for | there Is no wrangling between prosecution - what w { eall’s d defense, Mr. Thornton or Captain No- 2 of the officers was | e, the judge advocate, and leading ques- SOme | tions are put numbers to raise the hair . Neall | on the baldest attorney in the local crim- auent | jna) courts. It sa time and every on K the | ynderstands why they are put, and the N Edle was | ¢ are reached when in an ordl @ 0of troop | court the attorneys would still be argu of the | - proceedings aim to get at the wents over the quickest and clearest way possible, and technicalities are not con- sidered. MYSTERIOUS SMITH IS ‘ HE STATES HIS REASON FOR NOT iing in question. This is Smith's ver- sion of the affair: public why I did not meet Green. ve fought > m:-:r the first man to accuse me of be- feker. 1 ha always fought to win, and eard the rumors of the fight being a ame disgusted, and knowing the men d to ntend with, who were running the I made up my mindthat if I caughtthem o anything wrong 1 vul{,\ Zlul“fllgh' ) el n time Alex Greggains told me s d a copy of the articles, and rs. Groom and Gibbs left out the Tt of the agreement—regarding the tary tickets. The first article pro- club should pay for all com- and for all counterfeit Ik fight. that 1 signed. t Groom and Gibbs gave wggains only called for 200 compli- s and did not mention the counterfeft Greggains _accused Groom of rticles, which Groom _denfed. produced a copy of the first set, m sald it was a mistake. Well, > put me on my guard, as I made to instruct the men I had at the keep a sharp lookout for counterfeit te and not to let @ man pass without tak- and putting the coupon in the as_done until the press tickets ead of taking the press ticket and e e e ] q been absen any action of | ¢ ould, in his normal | ® ¢ ?® will take up | ¢ the proceedings v T LICVT JSAN A NCA e e ® ® o D R O S O ! : i The Conrt-Nartial in Session to Try Lieutenant John M. Neall. followed | FIGHTING. stat- | i 0] call | “Billy” Smith, the mysterious pugllist who failed to meet George Green last Friday night tn Woodward's Pavilion, iatts | visited the office of The Call last evening how far | and desired the publication of a story << said | glving his reason for not fighting on the | for the past ten years and I have | | putting half of it in the box, the ticket taker Would only tear oft one corher and give the ticket back, and inetead of putting the torn- off plece in the box he would throw it away and the fighters would get no account of the men passed in on such tickets. I called Mr. Groom's attention to the r he would not allow the ticket taker to put them in the box. My men insisted on hav- ing them put in the box, but it was no use. He told the men he would have them put out if they Interfered with the ticket takers. Then I went down to see what he meant. I saw one Supervisor bringing eight men in without a ticket. 1 asked him why he did not give the Supervisors their tickets. He said he did, but hey gave them away. Then I knew I was get- ting the worst of it, and I told Groom if there was not $ in the house I would not fight. They offered $1500, which I refused, and so did Mr. Green refuse the offer. The first thing I | knew I saw Green in the ring, and he wanted | the club to give him the purse. This was a | funny move on the part of Green, who did not | even have his shoes laced when he entered the ring. | "Now as to George Green. I will meet him | before any club outside of the so-called Na- tional Club, and bet him as much as he wants. { I am ready to meet him inside of ten days. There is another mean trick that Mr. Groom { played on me. He came and asked me to let Jim Jeffords box Collins ten rounds, to which | I consented. After tralning three weeks and | paving Jeffords’ expenees, Mr. Groom got his | club doctor to say Collins had heart fall- | ure. Mr. Greggains had Dr. O'Donnell to ex- amine Collins, and Dr. O'Donnell pronounced him all right—that there was nothing the mat- ter with his heart. I asked Groom who was golng to pay Jeflords’ expenses, but he would not listen to me. The whole difficulty with the match was that Jeffords would not cut the purse for Green. been acting, it looks as though he were inter- ested in this club. | "Now I will let the public judge for themselves | who was at feult. I am not the first fghter | that these men have robbed, and the quicker they are out of the business the quicker the sport will elevate. T will state again that T am ready to fight Green within ten days for a side bet. Another thing, Mr. Groom wanted me to pay the referee—something I never . heard of a fighter doinz before. These two men—Groom and Gibbs—have pulled off all the fake fights, or so-called con- | tests, that have taken place In this city. T will close, hoping this letter will enlighten the public of the kind of men who are running the National Club. I remain, truly yours. BILLY SMITH. e O S — HALF MILLION INVOLVED. Foreclosure Proceedings on the Big Graham Note Commence. The action instituted by John D. Spreck- els & Bros. Company against R. F. Gra- ham, ex-superintendent of the Beaver Hill coal mine and the Coos Bay, Rose- burg and Eastern Rallway and Naviga- tlon Company, to recover on a promissory note of $523,162 50, executed in 1897, went to trial before Judge Bahrs yesterday morn- ing. In the action W. F. Preston and W. L. Pierce are representing the plaintiff and A, Moore of Oakland the defendant. The morning session was taken up in ar- gument on the question as to whether the | action was one in law or equity. It was contended on wvehalf of the plaintiff that the action was equitable and this view | was taken by the court, and an order de- nying a trial by jury was entered. More legal "points together with the reading of the pleadings in the action oo- itu fed most of the afterncon session, but before an adjournment was taken W. D. | K. Gibson, secretary of the plaintiff cor- rorallnn. was placéd on the stand. He dentified the note and testified that in- terest due to date on the note amounted when to $32,174 50, and that there was due on the date sult s flled, June 13, 1898, the sum of $6277 M. During the course of the tes- timony argument was advanced by coun- sel for the defendant that the present ac- tion could not be maintained, as in the at- | tempt to foreclose on the pledges, with- out consideration of the mortgage, a split- ting of demands resulted, a condition clalmed to be obnoxious to local statutes, | The court held otherwise, however, and the case proceeded. few flgures were | given by ‘the witness, after which the | case went over till this morning. —_— e “99"" Cleveland bicycles, $40 and $30; Crescents, $35. Leavitt & Bill, 309 Larkin. ————— The State’s Safeguard. The meeting of the State Board of Trade this afternoon promises to be more than ordinarily interesting. The princi- pal matter to be discussed is that of ir- rigation. For weeks past the president, General Chipman, has been making a study of this subject, and he is now prepared with a report containing much valuable information. — e Harvester King Binders and Headers. Hooker & Co., San Francisco, ® From the way Mr. Green has | These tickets were sold on the outside, and | | choruses were given out with splendid ANOTHER WEEK OF COMIC OPERA AND VARIETY All that the Southwell Comic Opera Company needs to make a success of the fifteen-weeks' season at Morosco's is a serfes of comfortably sized audi- ences. The singers live up to the fa- vorable impression secured at the open- ing performance. Last night they even more than duplicated the success of “The Black Hussar” in a lively, well- dressed, well-staged and well-sung production of the “Queen’s Lace Handkerchief.” Under almost any cir- cumstances the performance would have been creditable, and it was es- peclally so considering that the occa- sion was the first night. As a rule the stock companies of San Francisco are not very fortunate on first nights. But it is the business of a new broom to sweep clean, and certainly the South- well people started their second week with a tidy and skillfully managed per- formance of an attractive opera. The ensemble was notable for its bal- ance and unanimity. The smaller con- certed pieces were sung with telling pace and enthusiasm, and the big volume and accord. The fa: cinating waltz-time finale of the second act was smashingly sung and vigorously en- cored. These choristers not only sing 4 good sturdy note, but they act, get in gnd out of place with refreshing free- om. The opera, although it has not been given here in several years, is too well known to demand detailed description. The book is as good as most of the old books and the music is Johann Strauss at his waltzful best. Daisy Thorne had the part of the Queen last night and , proved quite equal to itg light difficul- ties. Miss Edith Mason®was the Irene, and an excellent one in both song and action; and Miss Hattle Bell Ladd figured handsomely in His Majesty's snug tights. Mr. Persse, the tenor was not In the best voice, but as the melodized Cervantes he was the mascu- line most of the show. Mr. Wolff found large vent for his comic and vocal pow- ers in the part of the prime minister and made a better showing than he did last week; and Arthur Wooley was in- offensively bumptious as the Sancho Panza. 4 The company will make a stronger bid for favor next week with “Erminie’” for the bill, and a still stronger one the week after with “El Capitan.” Several serfous operas are in prospect, includ- ing Puccin!’s “La Boheme.” Columbia. De Koven and Smith’s ever-popular opera, ““Robin Hood,” was presented at the Columbia last night by the Bostonians to a crowded house. The occasion was note- worthy, as it marked the three thou- sandth performance of the opera, a rec- ord that has never been equaled by any other composition in this country. It was staged with the usual effectiveness and all the popular numbers had to be re- peated again and again. Helen Bertram made a charming Maid Marion and met with a flattering recep- tion. William Broderick scored a success as Will Scarlet and sang his two num- bers in such a manner as to call forth enthusiastic applause. The cast also comprised Henry Clay Barnabee as the Sheriff of Nottingham, W. H. MacDonald as Little John, Willlam Lavin as Robin Hood, Jessie Bartlett Davis as Alan-a- Dale, whose ““Promise Me"” was thrice en- cored; George Frothingham as Friar| | The Railroad Commissioners Postpone | FORD ACCORDS ADVICE TO THE COMMISSIONERS Blackstock’s Plan to Be Reconsidered. FREIGHT RATE REDUCTION EDSON WILL FIGHT AGAINST RESCISSION. - the Southern Pacific Case Until Their Next Session on the 24th of April. The Railroad Commission held a ses- sion yesterday and that is about the extent of what was done. It was ex- pected that the Blackstock resolution | rescinding the resolutions of the former | board on the 25 per cent freight reduc- | tion on Southern Pacific rates was to be discussed anew on a motion of E. | B. Edson for reconsideration. The en- | tire matter was postponed, however, until the next regular meeting, April 24. | The Commissioners had sent a serfes | of questions to Attorney General Ford, | W. W. Foote and Robert Y. Hayne, covering the legal aspect of the matter | and these gentlemen attended the | meeting armed with typewritten an- swers. The questions propounded by the commission were as follows: L4 ® 1 Can the board legally adopt the & entire Blackstock resolution, fe- ® scinding the action of the former © board, while the sult now against & the board is pending? 2. Can the Board of Railroad Commissioners rescind the 25 per cent resolution without rescinding the entire resolution of the former board, the 8 per cent resolution in- cluded? 3. Would it be to the legal advan- tage of the State of California to have the board rescind the entire resolution of the old board, even if they have the legal right to do so? 4. Can the present board legally & serve any rate on grain on the railroad company while the ques- tion is in its present standing in the courts? 5. Should the Board of Rallroad Commissioners rescind the action of the old board, as proposed by the Blackstock resolution, what would become of the costs in the suit of the railroad company against the commission that is now & pending? & CICTORCICRCR ORORCRCR TR ORCRCR X PPPOP09000® ©® The Attorney General's report reads: Referring to question No. 1, T should say that the board may legally adopt the entlre Blackstock resolution re- scinding the action of the former board while the suit now against the board is pending. There is nothing in the law or in any order made by the court that would prevent such action upon the part of your body. Referring to question No. 1 would gay that inasmuch as the resolutions in question appear to be separable, in that they involve two propositions— one looking to a 25 per cent reduction of freight rates in general, the other to an immediate reduction of 8§ er cent upon grain rates—and the goard itself having acted upon them separably, and the court having held that the respondents (the Board of Rallroad Commissioners) ‘“‘are entitled 10 have the graln rates considered separably from the 2 per cent reduc- tion on other freights,” I am of the “rescind the 25 per cent resolution without rescinding the entire resolu- tion of the former board.” Referriug to question No. 3, wherein you ask {1 it would be “to the legal advantage of the State of California to have the board rescind the entire resolution of the old board,” I would say that “advantage,” accordin to the lexicographers, means “to obtain a gailn or vantage over the other party.” (See Century and Standard dictionaries.) “Legal advantage' would, therefore, mean ‘to obtain a gain or vantage in point of law over the other party.”” A rescission of the resolution in question would destroy the cause that gave birth to the pend- ing suit, and with the destruction of the cause the sult itself must fall, ex- cepting as to the matter of costs. The direct result, therefore, of the suggested action would be a termina- tion of the present litigation. It could scarcely be sald that the State of Cal- ifornia would thereby ‘‘obtain_a gain or vantage in point of law.” In fact, a present termination of the pending litigation would leave the parties thereto precisely as they are now, so far as the law Is concerned. I am, therefore, of the opinion that no “le- gal advantage” would accrue to the State by a rescission of the resolu- tion to which you refer. Referring to question No. 4, I would say that under the order of the court as at present existing your honorable body is prevented from serving or en- forcing any rate upon grain transpor- tatlon that would involve a reduction of 8 per cent of such rates as they existed on October 12, 1895. Until this order shall have been modifled or set aside it must be obeyed by your hon- orable body. Referring to question No. 5, I beg to state that the question of costs (Y matter for determination by the court upon a consideration of all the facts and conditions relating to such ques- tion. There is no statutory rule gov- erning the matter of cost in sults {n equity in the Federal courts, their tax- ation being left to the chancellor who tries the cause. It is, therefore, im- ossible to state at this time what the udgment as to costs would be under the conditions named in your letter. The report of W. W. Foote and Robert Y. Hayne is more elaborate than that of the Attorney General, but they both agreed in the sauent features of the case. On motion of Blackstock the entire matter was laid over for the next regu- lar meeting. E. B. Edson wished to explain his vote when the Blackstock resolutions were adopted. He stated that his affirmative vote at that time was for the sole purpose of moving a reconsideration of the rscinding resolu- tions. Before adjournment and before voting for the postponement of the grain rate matter he obtained an oral guarantee from the two other members | of the commission that he would be al- lowed to call for a reconsideration at the next meeting. [ e e e o e e B Tuck, W. H. Fitzgerald as Guy of Gis- borne, Josephine Bartlett as Dame Dur- den and Carolyn Daniels as Annabel. Orpheum. Mile. Clara Lardinois and Miss Lillian Burkhart were the attractions at the Or- pheum last night. Both were valuable ad- ditions to an entertaining programme and they earned their numerous recalls. Mile. Lardinois is possessed of a birdlike and very sympathetic voice of wide range. Miss Burkhart was assisted by James K. Macurdy in a nnemct’r%la.y, “The Lady | of the Rowan Tree.” e scenery was | appropriate and Miss Burkhart's ideas of | tfl:e fairy and the mortal maiden with an | appetite for wine were very amusing. lgnek and Kollins. the banjoists, the Hengler sisters, and Marshall P. Wilder were at their best, while Kara upheld his enviable reputation. Josephine Gassman with her pickaninnies and Pantzer broth- ers successfully brought to a close a thor- oughly Interesting programme. Olympia. The Olympila has an extra strong bill | | opinion that your honorable body may | | | | DR. *KILMER’S REMEDIES. KIDNEY TROUBLE MAKES YOU MISERABLE 5 TR RSB, Lo e v HOW EVERY ¢“CALL” READER, TO PROVE THE: TRULY WONDERFUL EFFECT OF SWAMP-ROOT, MAY HAVE A SAMPLE BOTTLE SENT ABSOLUTELY FREE BY MAIL. Do you suffer pain in your head, back, hips or joints? Are you neuralgic, dizzy, tired, worn-out, sleepless, hysterical, short of breath, irreguiar heart, generally weak ? ful, Are you nervous, anxious, irritable, restless, fret= melancholy, blue, or out of sorts? Whence all these symptoms ? | Well kidneys keep your blood free | from poison and filter all the impurities | eut of the system. You can be well by keeping your kid- neys well. 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If you take advantage of this gener- ous offer and write for a free sample hottle. be sure and mention the San Francisco Daily Call when sending your address to Dr. Kilmer & Co., Binghamton, N. Y, —_——— . the knockabout comedians, who are They have success last a new act which { night. two new songs, “‘On the Day When Dewey Comes Home," by Joe Hayden, and "If Only Had a Job.” ing favorite. Other acts that scored well were Charlton and Royce, Marie Wood and Antonio Varg: Alcazar. At the Alcazar Haetings gave an acceptable impersona- tlon of Jack Luster, the character in “‘Humbug’ made famillar by Roland Reed, while Miss Adelaide Fitzallen gave some new, original and rather startling faclal effects descriptive of the various emotions. For instance, sorrow was de- picted by the lady by throwing back the head, enlarging the mouth with accom- panying dots, dashes and dimples until it looked llke a torn pocket, a series of sound ripples, half suppressed, that re- | minded one of an anxious hen calling to her brood, while her form quivered with | the grief she fain would express. Horror at the duplicity of her husband was mani fested by what in people—not on t boards—would be a snicker; surprise was illustrated by a closing of the eyes, turn- ing her back to the audience and covering her face with her hands. There was no mistaking the surprise—in the audience. In truth, Miss Fitzallen was afflicted with a severe attack of ‘‘giggles” that proved 80 disastrous to Miss Lyons not long since. 'When she recovers “Humbug” will prove most delightful to the Alcazar Pal?ons. for all the subordinate parts are n capable hands. Although the perform- ance was slightly marred in places on this account last night, the audience was highly entertained by three young wome: Querita. Vincent made a hit in her | She is still the reign- | last evening Ernest | contracted the “giggles” from Miss Fitz- allen, but unlike the actress, made no ef- fort ‘to suppress them. ‘Humbug” will continue through the week. Tivoli. After a week of combing and smoothing the Tivoli's “Beautiful Goldenlocks” are now in the best of shape. A good-sized crowd was in attendance last night, and the encores were numerous. Edwin Stev- ¢ns shows an entirely new phase of his vi ility in the magician act, and the others of the cast do therr usual good work. From a scenic standpoint the show is one of the finest ever produced here. The Chutes. Ola Hayden, the girl barytone, sang “On the Day When Dewey Comes Home” at the Chutes Free Theater last evening, the large audience joining in the refrain. An- other musical hit was made by the How=- ard brothers, banjoists, who responded to Six encores. Way and Maitland give a good negro sketch. Miss Waitland imi- tates a clever wench and sings with much dash. Martin’s dog circus has improved since it was last seen here and the wise canines have learned many new tricks. The rest of the bill is good. The ama- teur Trilby dance will be repeated Thurs- day night. Steeplechase. Captain Adolph Freitsch, the daring navigator who crossed the Atlantic alons in an open boat in 1884, is drawing thou- sands to the Steeplechase at Central Park, where he is_exhibiting his thirty- foot vessel, in which he proposes to make | a trip around the world. —_———————— Ocean Water Tub Baths. 101 Seventh st.. corner Mission. Salt water, in one of the boxes, who seemed to have | direct from ocean. _— ESTABLISHED ments. this week, headed by Sherman and Mor-i ADVERTISEMENTS. SPECIALISTS FOR ALL DISEASES AND WEAKNESS OF MEN. “We have such faith in our ability that we will let patients deposit the price of a cure in any bank or with any responsible busi- ness house or newspaper in San Francisco, to be paid to us only when cure is made. If preferred, we wili accept monthly install- (Signed), “DR. MEYERS & €0.” 18 YEARS. 731 MABRKET STREET, SAN FRANCISCO. TAKE ELEVATOR.