The San Francisco Call. Newspaper, March 20, 1900, Page 12

12 THE SAN FRANCISCO CALL, TUESDAY, MARCH 20, 1900. WILL FIX RATES ON TELEPHONES Supervisors Will Submit a Charter Amendment to the People. Southern Pacific Must Remove Mission Tracks by July 1, 1901—Spring Valley Asked to Sell Its Plant. Supervisors yesterday what promises to t to bring telephone, umatic service com- ‘ )1 of the municipal the fixing of rates to be he public. A resolution was which is intended to in that section of the to kindred concerns, sed to submit an ualified electors of the he resolution was re- liciary Committee to as- s phraseclogy and rvisors Board of S of Ban Francisoo ar £ the city Francisco be amend- prescribe the quai- the attention and s L R R N R R R RS FHEEE440 0444440004009 44 menp ing pool selling was to final passage, but poned until next r McCarthy addressed ished accoun ast Sun the clergyman said: the final vote for mark my vote against it nended who is not said malicious lie. 1 s order, not be- in poo ing, for I think e regulated, but bec: e well directed rder when it f st 1 will now g ve that there are nore liberal minded pel sharps, who a public nui- ed by the South- along Harrison to_Twenty-sec- hence 1o the the city and . The ordi- ment of the days from date of the Pa- Iway Company d maintenance of without hind- y 1, 1891 acks and rails without de- nce further provides that if files the agreement men- s shall not have been the lst day of July, Public Works shall p the rails, and that it or the company or its ate the rvad thereon a asked that the mat- City Attorney to as- rd of Supervisors has rails, but the motion sor Maguire, chairman ce, stated that the se from Sixteenth et on Harrison, t of way to Twen- attorney of the cor- admitted to the com- justice to them not has been endea- to get a double- ause it did not po: track. Many school- iged to travel in the vicin- and the street car lines »ss the ralls at various ged to’erc Reed, chairman of the Public “ommittee. presented a resotution he Spring Valley Water er for sale to the city on y OISCOVERY > [N PURE BLOOD LDEN MEDICAL’ “DISCOVERY, MAKES THE BLOOD PURE. AND PREVENTS DISEASE. A CLY R 1T GIVES STRERGTH TOTHE STOMACH AND LIFE TO THE LUNGS. 1S NOT A WHISKEY MEDICI =7 the official advertis- | McCarthy, | | or before the last day of June, 1900, at the lowest possible cost, all of its property for | supplying water, together with a detafled statement of the cost of construction. Such an offer of sale must be accompa- nied by the placing in escrow of a deed to ite entire s ery upon the acceptance of the offer by the people voting at a special election to be held in the year 190L The resolution calls the attention of the water company to the fact that any over- valuation of the system will compel tl to look elsewhere for its water su ply, and that the withdrawal of Francisco as a market for the sale of the company’s water will reduce the value cf | the lands owned by it for agricultural | purposes, Reed also introduced an amendment to his first ordinance regulating boxing ana sparring entertainments, which was passed to print. The two ordinances do not differ in any essential particular, and define the status of amateur and profes- | stonal clubs. Amateur clubs must pnf a license of $100 for each entertainment they | glve, and professional clubs an annual li- cense of $1200, and they will be allowed but one exhibition a month. The Evening Post was awarded the contract for the city printing. The Mayor will meet the contractors this evening to sign the contract and approve the bonds. IH ghting adopted_with the following amendme: : Arc lights burning twenty- four hours, $5 per week; from sunrise to | sunset and Vice versa, 3330 per week; | from sunset to midnight, $1 % per week; for six nights from sunset to $:30 p. m., $1 65 per week. | "The ordinance imposing a license of 50 cents per quarter on each telephone oper- | ated in the city and county was reintro- duced to comply with the law governing ‘nrficla.l advertising and passed to print. Similar action wae taken with the order closing cemeteries within the city limits. Consul General Ho Yow was granted | permission to decorate certain streets to e designated by the Street Committee of the national Chinese festival in the month of June, 190, and to hold parades on said streets. | The ordinance imposing a license of $§ | per quarter on peddlers was passed to also_an ordinance directing the d of Publjc Works to examine all with their exits and other means case of fire and to report to the Board of Supervisors, so that proper legislation | may be adopted. Miscellaneous Business. A resolution was adopted requesting Shea & Shea to furnish an estimate of the expense hed to fitting up the City Hall tower for order that provision therefor may be made in the next tax levy. An ordinance was passed to print imposing a c of $3 per year for carrying cencealed £ om the Police Commission. endment to the license ordinances im- posing a license of $20 per quarter on runners | and soliciting agents and fixing the price of badges at $1 50 was passed to print. | The Tax Collector was instructed not to issue | free license without the approval of the | Charities and Correction Committee. The City Attorney was asked for his opinion | a# to whether under the charter merchandise | brokers, restaurant keepers, slaughterers who | kill and sell cattle an | exempt from the payment o Roth, Blum & Co. were allo: license. ed $137 50 rental h for the Harbor Police Station until , 1900, after which the rent will be $150 \ The protests of various improvement clubs against Gray Brothers' brickmaking plant on y | State street was referred to the Fire Marshal. The Health, Police and Fire departments rere notified of the Master Horseshoers' As- ciation petition in the interest of union or. An ordinance making various changes in the fire limits and fire rules recommended by the , | Fire Marshal was passed: The San Francisco Gas Company was di- rected to keep nine ac lights situated in Chinatown lighted after midnight at an ad- ditional cost of $1 91% each per night. | An ordinance was passed omitting two half- | @ays per week from the street sweeping sched- | ule as ag upon by the City Street Im- vemeni Company and the Board of Public 5. The Tax Collector was directed to receipt in bandwriting for money received for taxes. The Board of Public Works was authorized to investigate all applications for permission to do stre work under private contract and | grant the same if advisable. e tract of land known as the Hospital Park ituated at Waller, Steiner, Thirteenth and Scott streets, was dedicated as a public park nd placed under control of the Park Com- | missioners. | The City Attorney was requested to decide | 12 the preliminary steps for changes in grades | should be taken by the Supervisors or Board of Works, The Police Judges were authorized to ap- point an additional stenographer for duty in their courts. Petitions Received. The following petitions, communications and protests were read and referred to the proper | committees: From the San Francisco Novelty i Piating Works, Paraffine Paint Company, ham, Carrigan & Hayden Company, Joost s., Alonzo Coffin, George dman and | others, giving notice that said firms have fur- nished to Bateman Bros. labor and material in | the Hall of Justice and Morgue buildings | amounting > various sums and remaining un- | paid, and notifying the board to withhold such | funds due Bateman Bros.; from ing depositions of S. |s urn in the matter of a | contention over cutside lands; trom the Fidelity and Casualty Company of New York, setting forth that an order of grant in favor of Mrs. T. Jennings now in the hands of the Mayor be transferred to the company subject to the exacution of & quitclaim deed to the city; from Sutro Rallway Compeny, inclosing report of i 1, 1500, to be $31672, 2 per cent of which has been delivered to the city; from Pavers' Union, stating that of the three pavers employed in the Street Department only one is a union man, and asking that the a intment of the two nop-union men be revoked; from the Cali- fornia Lunacy Commiseion, inclosing demands amounting to #4800 from the Mendocino, Ag- news, Stocl and Napa Hospitals for the keep of in criminals committed from this city; from G. C. Brooke, offering to paint Lot- ta’'s Fountain for $185 or for nothing if permit- ted to maintain an advertising fence around the fountain for two weeks; from the Southern Pa- cific Company, to erect a gasoline engine on premises bounded by Kentucky, Iilinols, Merri- mac and Alameda streets; from various individ- uals and corporations, for the return of dupli- cate taxes paid; from newspaper men and others, requesting that the city light each al- ternate gas lamp all night instead of shutting off all lights at midnight; from A. Garnler, for permissiop to conduct a dyeing_and cleaning business in building located at Stevenson and Brady streets; from Manuel J. Pues, requesting permission 1o improve Gates street, between Courtland and Virginia avenue, by grading, macadamizing and sewering; from the Califor- nia Demokrat Publishing Company, for permis- sion to erect and maintain a sign at the south- east corner of Jessie and Third streets; from Bay View Improvement Club, to extend the ound limits; from residents of the Excelsior Fiomestend, for water facilities in that districe: from Precita Valley Improvement Club, re- questing that the Spring Valley Water Com- pany be directed to place necessary mains to supply Bernal Heights residents with water; from James Roseberry, calling attention to the accumulated school funds of $5,000,000 in the State Trepsury and suggesting that this sum be used to purchase the bonds issued by this city: from Federation of Mission Improvement Clubs, requesting that the petition of the City Hail Sanitors for an increase of wages be granted; from H. Choynskl, protesting against the passage of the anti-poolroom ordinance. Official Communications. The following communications from city of- ficials were read and referred to committees: From the Board of Health, recommending that the streets of Chinatown be bituminized at an early date; from Tax Collector, calling atten- tion to the fact that taxes will be delinquent in a short time and that as his force of clerks {s emall the public be notified through the ity Attorney, stating that it would be inad- visabie to appeal from Judge Seawell's decision regarding fees of stenographers; from School Superintendent, inclosing his eetimate of the nditures in his department for the ne; year; from the Board of Public Works, that an applicati a step sidewalk on premises on Geary street, near Larkin: from Hagan Bros., re] ing dieposition of bodies of indi- gent dead for January; from the Sheriff, that the inmates of Whittier and Preston schools are committed by Buperior Judges and that his Auty ends with the delivery of the prisoners at (:- 1n'lél‘lut!onl: from Board of Health, asking that ordinances be adopted providing that garb- age wegons be lined with zine and the which must be ob- | ress that taxes are now due and payable; from | em, dependent for deliv- | The ordinance fixing the rates for city | BOLD ATTEMPT TO ROB FRENCH SAVINGS BANK Cracksmen Frightened Away Before Finishing the Job. Cut a Hole in the Floor Over the Vault, but Fail to Reach the Treasure. 0+04049+0+0+0+0+0 EBB OT. Wi i R S S S S S [ e e e o e e e Y ] BOLD attempt was made during Sunday night and early yesterday morning to rob the vault of the French Savings Bank at the corner of -California and Webb streets. Considering the fact that the California- street police station 1s situated next door to the bank, it is plain that the would-be robbers were not lacking in nerve. Yesterday morning William Koehler, a collector, who occupies an office in the bank bullding directly over the vault, on entering his office found a large strip of carpet torn from the floor and a hole cut through the flooring large enough to ad- mit the body of a man. Koehler immedi- | ately notified the police at the station next their facilities for escape in | police telegraph system in | dealers in oplum are | !and I do not wish to modify the state- | that their colleague, Mr. Tobin, has fully gross receipts for the year ending February | } | 1 gsterdny after a three weeks' door, who in turn reported to the chief of detectliv Captain Bohen detailed De- tectives Byram and Whittaker to investi- gate the robbery, and the officers worked all day on the case without gaining any clew that would lead to the capture of the baffled robbers. In their report to the captain_the detec- {ives sald the men had evidently forced the door of Koehler's office and by driving a bit into the casing fastened the door in such a manner as to prevent it being opened or unlocked from the outside. The crooks were evidently acquainted with the premises, as was shown by the aperture made in the flooring, it being directly over the vault and in such a position that ac- Qo+ oeoedeoeebeded hinged cover which can be tightly closed, that hereatter no garbage be collected or transported within the city limjts except between the hours of 10 p. m. and 6 & m. ———— CORRECTLY QUOTED. Bev. J. A. B. Wilson Maintains His Position on the Tobin Ordinance. Dr. Wilson, being interviewed to know whether he considered himself falrly represented as to remarks, published in yesterday's Call, upon the Tobin resolu- tion, as to whether he wished to modify his statement, said: “You reported me with perfect accuracy ment in any particular. “The remark was based upon a possible contingency—or rather upon an impossible one, for 1 do not for a moment Suppose that a vote by any Supervisor against the resolution upon its final passage is a pos- sibility. Especially after the frank ac- knowledgment of one of their number that, though not_a betting man, he should feel constrained to vote against it lest, he feared, the sporting traternity who sup- ported hig party might by such action be driven from {t. This is an ac- knowledgment of everything charged in my severest statement. And the statement was made to show the logic of this un- tenable position. It is due the gentleman 1o say he spoke without preparation and upon the spur of the moment. In other words, this was a severe case of ‘talking through his hat,’ and was the premise furnisned by himself of my conclusions. That he means to thus sell out to ‘sure- thing gamblers’ for either past or future support at the polls I do not believe. I have a better opinion of him and the others than they seem to have of them- selves. My conclusion is a perfectly legi- timate Inference from such.a speech. I belleve I voted for the unfortunate speaker and for almost all the others. believed them to be honest men who would give to the city an honest adminis- tration. I know that they know that there is only one side to this resolution that an honest man can by any possibility take, and I believe that every one of them will take that side next Mcnday. “I expect to be there and see them honor themselves and the city which has honored them, and so serve notice upun dead-game gamblers to move on. These men Enow that in every poolroom, upon every racetrack and in every gambling- house and cafe every game is a cinch game. These people have long enough held up the youths of this city and broken the hearts as well as robbed the wives and mothers and children. We have no chance gaming here, but sure-thing gam- bling, and the Supervisors know it, and they know, when they think it thoroughly, covered the whole situation in his resolu- tion, and, like the honest men I believe them to be, they will support the rasolu- tion. If my remark, which I still maln- tain, was {rritating, it was a legitimate conclusion from the premise furnished by one of their own number bringing them face to face with the logic of the speech and of the situation. th the spoaker and his collea%ues on the last analysis will not stultify themselves nor shame their constituents by playing into the hands of cinch cut-throats.” Savings and Loan Society Solicits loans on mortgages or trust deeds at lowest market rates. 101 Montgomery. * —_———————— NATIVE SONS’ BABY. Army and Navy Parlor Organized and Installed in Native Sons’ Hall. Army and Navy Parlor of the Native Sons of the Golden West, the baby parlor of the order, was instituted In Native Sons' Hall last night by Grand President Frank Mattison, Grand Organizer John A. Steinbach, Grand Secretary Lunstedt and a number of other grand officers. The petition contains the names of 176 men who served in the volunteer army at the Philippines and of this number nlnetx-two were initlated. The following named offi- cers were _installed by Deputy Grand President J. W. Lewis, assisted by Judge Frank H. Kerrigan as grand marshal and J. J. Jamison as grand secretary: C. P. Deitrich, past president; qu'lx’ F. Mc- Gurren, president; P. L. Badt, G. C. Knacke and F. S. Drady, vice presidents; C. L. O'Donnell, recording secretary; R. J. Cline, financial secretary; George T. Ballinger, treasurer; J. P. Marshall, in- side sentinel; D. Mann, outside sentinel; Dr. Theodore Rethers, surgeon; W Swan, M. J. Sheehan and E. D. Crowley, trustegy. After the installation there was | an rnment of members and of visi- tors, o numbered above a hundred, and there was a collation and programme of music and songs, Grand Organizer Stein- bach acting as master of ceremonies. Anyvo Theatrical Cold Cream, Makeup and Rouge Gras. Sold by al] druggists. * ————— Postal Personals. Alexander Grant, assistant superintend- ent of the railway mail service, arrjved from Japan iesterdsy and left in the even- lnB for Washingten. aniel 8. Richardson, superintendent cf the San Francisco postoffice, ::Itmctd o ashington and other Eastern points. ————— Dr. Parker's Cough Cure. One dose will stop bave a|a cough. Never falls. Try it. All drugsists. + Entered an Attorney’s Office and Worked in Safety. OO0+ 0@ cess to the big safe could be had without CALIFORNIA® ST @+0+0+0+0000-+0-+9+0+0@Q fear of being seen from the floor below or from the street. The vault reaches to within four feet of the - cefling, and' from its top a wooden casing surrounds it. When once in the | frame the men were covered and out of | sight. When they quit work, whether through being frightened away or other- wise, they took time to pack most of | thelr tools with them, as the only things | found by the detectives were a small bft.‘ll a bundle of wire and a small “Jimmy." The bank building has many means of exit, and the men found no trouble in making their escape. In their search for a clew the detectives found a boy who volunteered the informa- tion that he had seen a man prowling about the roof of the building at 5 Kearny street, which adjoins the bank building, and when asked his business he sald he was a line repalirer. At another house on Kearny street a similar report ‘was made of a strange man on the roof. It is more than likely that the men found the job a longer one than they an- ticipated and were compelled to give it up for lack of time. The damage done is nominal. | | 3 \ 1 i + | 3| Growrio pravior B0 ¢ b i Fivo bl X 31 % ¢ B g II ! ‘ Z 3 § N~ -\‘_4' b L4 ¥ * + $ be BURGLAR HORTON TRIES 0 KILL N FELLOW-CROK Row Over Division of Spoils Leads to a Shooting Scrape. —_—— In a Moment of Anger He Whips Out His Revolver and Fires Three Shots at His \ Pal. T B e George Horton, ex-convict, crook and all around bad man, made a desperate effort yesterday afternoon to add murder to his already long list of crimes. Sus- pecting that his pal, a crook named Mc- Callum, had given him the ‘“double cross,” Horton fired three shots at him, but without effect. The shooting occur- red on Minna street, near Fourth, and was witnessed by a number of people. Horton seeing his intended victim dis- appearing unharmed down Minna street, passed his revolver to a confederate named Edward Hawthorne and started to make his escape. Both he and Haw- thorne were captured after a short chase, but McCallum got away. The prisoners were taken to the City Prison and booked on charges of assault to commit murder. The revolver which was used was not found by the police. It is supposed that Hawthorne, seeing his escafig wn&lmpo!slble. threw it away in the hope that it would not fall into the hands of the police. Horton a short time ago was arrested for having counterfeiters’ tools in his ossession, but was acquitted after a trial n Judge de Haven's court. His confed- erate, a man named Gray, who was ar- rested with him, was found gullty of the offense. After his release Horton picked up with a desperate crook, who is known to the police as the *‘Squirrel,” but whose right name is said to be McCallum. It :as the latter that Horton tried to mur- er. According to the detectives Horton and McCallum are the men who have been op- erating ‘in the Western Addition durin; the past month. Horton was recognizes while leaving a house on Sutter street a few nights ago after having ransacked it with the aid of the ‘“‘Squirrel.” The po- lice were at once notifled, but Horton managed to keep out of thelr way until yesterday. The priice say that the attempt of Hor- ton to ruurder his pal was the upshot of a quarrel between the two men over a division of booty. Horton positively re- fuses to make a statement, and in the ab- sence of McCallum, who u&eto midnight had succeeded in eluding detectives, the real cause of the shooting could not be ascertained. Some time ago Horton had a row with a fellow housebreaker and was shot in the foot. His assallant was convicted of an assault to commit murder and sentenced tc ten years' im- prisonment in Folsom. Late last night Horton confided to a friend that he would set up the defense that the ‘“‘Squirrel” slashed at him with a razor and thinking that he intended to kill him he drew his revolver and fired. A short time before the shooting Police- man Tillman saw Horton and the man ‘whom he tried to kill quarreling at Fourth and Minna streets. ey were about to come to blows, when Tillman crossed over to where they were standing. They at once disappeared,in opposite directions, but evidently returned to the spot after the officer left, and the shooting resulted. MORE MELANCHOLY ESCORT DUTY FOR THE SOLDIERS Over Thirty Bodies From the Duke of Fife Placed in the Presidio Storehouses. More ies from Manila brought over on the transpott Duke of Fife were laild away iIn the storehouses at the Presidio yesterday. There were over thirty of them. The usual escort of a squad of men accompanied the bodies and the wagons bearing the bodies were draped with flags. The number of dead in the storehouses has been steadily decreasing in the last few weeks, but the thirty-two from the Duke of Fife have brought the total up again to more than the caj the storehouses. Consequently ti are being Pfled two deep in the old Y. M. C. A. building. Al 3‘ bodies that over on the Peking have been dis) . When the hes of all those 'hr.dnflm f the bodies were h od twenty-six to GOt 0+ D 000000000000+ 9+0+0-0000000040-+06 PHED I SEEIEIEDE D ED e buried, and these were Interred in the Na- | tional Cemetery at the post. They were | kept awalting ‘orders from relatives for | over two months, and they were buried | only after an order trom Washington, Of | the 500 that came on the Hancock and In- | diana there remain but a few, and these will probably be buried by the'end of this | month. | Target practice, either for small arms or for great guns, will not form a prominent art of this year’s post routine. Hereto- ore the special attention of the depart- ment headquarters and also of the army | headquarters has been given to this branch of the service. Range work with small arms has been especially fostered, but this year, by orders from headquar- ters, all target practice will be under the direction of the post commanders and at thelr discretion. This order has been caused by the un- usual scantiness of the various garrisons. There is not a post in the country that is | even fairly manned, and many of them have no more than’ just enough men to care for the property. At the Presidio just now there are only about men enough to keep the guns clean and not enough even to mount the new ones that are being brought in from the East. There are two big twelve-inchers on hand now waiting to be mounted at Lime Point, but the garrison at that place is not equal to the task, as it is not large enough, and the guns will therefore be mounted by contract. . In the order regarding target practice it is directed that as much carbine and revolver practice as may be practicable be held by the cavalry before flay 1, and as much rifle practice for the artillery as mafl be practicable before October 31. The duties of post chaplain at the Pre- sidio will be temporarily attended to by Chaplain J. A. Potter, who has been on duty at Angel Island. ~ For some time Chaplain Macomber, who was retired in the middle of February, remained at his work, but he has been relieved by Chap- lain Potter. It was reported_that Chan- lain Plerce, who came from Manila with the body of General Lawton, would be the permanent chaplain to succeed Chap- lain Macomber, but it looks now as if Chaplain Potter will get the assignment. —_————— Let's print your catalogug. Our printing sells your goods. Mysell-Rolling, 22 Clay. « EDWARD W. WAINWRIGHT HAS PASSED AWAY Edward W. Wainwright, a prominent and popular young business man, aged 37 years, passed away at his late residence, 3 Tremont avenue, yesterday, after a short illness. . Mr. Wainwright was taken ill on the last day of February with typhoid fever, which was the cause of his death. He ‘was one of California’s native sons and while not identified with any of the local parlors, yet he took a warm interest in all things that pertained to the welfare of the order. Mr. Wainwright was the senlor member of the firm of Wainwright & Easton and a member of the Merchants’ Exchange and Board of Trade. He left a widow and two children—Dorothy and Emily—besides his parents, two brothers and two sisters. The funeral will take place from his late residence to-day at 1 o’'clock. Interment will be in the family vault at Laurel Hill Cemetery. —_—— The whiskey that touches the right spot is Jesse Moore; to be had from first-clase dealers. —_—— Boys Who Stole Newspapers. Thomas Meagher and Robert Graham, the boys who were caught stealing news- papers Sunday morning on Leavenworth street by’Special Officer Mahnke, appeared before Judge Mogan yesterday and the cases were continued till to-morrow. The four small boys who were caught on Oak street were reprimanded by Judge Fritz yesterday and sent home with their par- ents, as they had spent the night in prison. CONTRACT NOT - MADE TO SYLVA Agreement Between Mrs. Craven- Fair and Duna nd Produces a Sensation. Secretary Rock of the Grand Jury and Mrs. Gilleran Were the Star Witnesses of the Day. FTER a tedlous morning session of | the Fair case yesterday, with Mrs. | Gllleran on the stand, a bomb ex- | ploded in the afternoon when E. R. Rock, secretary of the Grand Jury, was called to produce the famous contract entered into between Mrs. Crawen-Fair and Louis F. Dunand. Mrs. Gilleran, dressed in holiday array and ready to present an ever ready armor of resistance to the cross-questions of Garret McEnerney, proved the same im- pregnable witness as he battled with last Thursday. But Mrs. Gilleran was not the sensation of the day. The afternoon ses- sion, rich in developments, compietely overshadowed the morning, and once again the contract of Mrs. Craven and Louis F. Dunand was brought to the fore- ground, this tine to be read in open court and produced for the cognizance of the attorneys of the Fair heirs. When the afternoon session began a sur- prise was sprung by Garret McEnerney, who has lately taken the helm of cross- examination, relieving Skipper Plerson, who formerly distinguished himself as chief among the Fair forces. ° “We would like to have E. R. Rock put upon the stand,” sald McEnerney, and that gentleman mounted the witness box to the call. This was unexpected and the sensation that followed was in keep- ing with the looks of supreme importance affected by the Falrecounsel. All that was obtained from Rock, secretary of the Grand Jury, was the contract entered into between Louis F. Dunand on one side and Mrs. Craven-Fair on the other—a paltry $30,000 was the consideration. The docu- ment was not entered in the records, sim- ply because McEnerney and his auxillary force of counsel did not wish it. When Mrs. Craven-Fair appears upon the scene —Thursday is the day set for her reap- pearance—the court will be asked to label this contract among the exhibits of the case and then the fight over Silva, Du- nand, Mrs. Craven-Fair et al. will begin anew. The Falr attorneys promised to anni- hilate Mrs. Gilleran when she appeared upon the stand yesterday morning. That witness, smiling, with a candor that was outsticking, buffeting the tide of a se- vere examination by McEnerney, cling- ing steadfastly to her testimony given last week and holding her own fort with a resolution that did not pale, was the same intractable person that the defense at- tempted to submerge at the last preceding session. Nothing came of the morning session but incontrovertible dissatisfac- ion for McEnerney. One thing, however, he did elicit from Mrs. Gilleran, and that was the admis- sion that Fair asked her to conceal the knowledge of his admitted marriage. This seems to be the new tack of the Fair at- torneys. Evidently they have the Sharon decision in mind, which postulates the law of contract marriage, declaring that not only is the contract an essential, but that the parties must be living in open and notorious wedlock. This single fact was_established by McEnerney in his rigid cross fire, but he seemed satisfled with it and allowed the witness to go her way soon after his questions secured the desired answers. E. F. Rock, bright star of a dull day, was the next witness called. All that was wanted of him, was the contract which Louis F. Dunand and Mrs. Craven-Fair, by their joint efforts, worked out for their own mutual benefit. McEnerney, Pier- son, Wheeler, Heggerty, et al. were blis- tered with a redhot anxlety to see the doc- [ et S SRR S S PRISONERS ESCAPE ON A MERE TECHNICALITY Mrs. Dora Fuhrig, Samuel Newman and Stephen Vaccari Dismissed by Judge Cook. By virtue of a decision rendered by the Supreme Court, in which it is held that “a dying declaration is not admissible in evidence in a criminal prosecution unless the circumstances show it to have been made under the belief of impending death,” Mrs, Dora Fuhrig, a notorious midwife, under conviction on a charge of murder in the second degree, and Samuel Newman and Stephen Vaccari, under in- dictment for the murder of Su Ela Tyson, were dismissed from custody by Judge Cook yesterday. The dismissal of the risoners was the result of a motion made gy Assistant District Attorney Deuprey, who stated that it was impossible to se- cure a conviction of the defendants under the recent Supreme Court decision in the case of Mrs. Dora Fuhrig, in which the judgment was reversed on the grounds named. Mrs. Fuhrig was convicted of the mur- der of Anna W. Walmsley on December 29, 1898. The deceased made a dying dec- laration in which she said that Mrs. Fuh- rig caused her death, but as the declara- tion was written by O. H. Heynemann and only subscribed to by the deceased, whom the circumstances proved was not in im- mediate fear of death, the Supreme Court held that it was insufficient upon which to base a verdict of guilty and reversed the judgment of the lower court. As the prosecution depended solely on the dying statement of Su Ela Tyson in the cases against Newman and Vaccari the court granted the motion to dismiss and the three defendants are now at liberty. Although Mrs. F“hflieh“ escaped pun- ishment on what may termed a ‘“‘tech- nicality,” her convictlon has to a certain extent frightened those eng: d in a sim- flar criminal occupation, and for a time at least they will refrain from practicing their chosen vocation. Superfluous hair—removed without tor- turing, blistering, discoloring or leaving any sign or ill ‘effects on the skin; treat- ment 8¢ and up. Ladies’ Hal 4 Olame. A Pt ot | TN, Phys The Chinese John Fryer, LL.D., Agassiz professor of Oriental languages and literature at the University of California, lectured at the Academy of Sclences last evening on “The Language and Literature of China.” His lecture was a trite description of the con- struction of the Chinese tongue, its writ- ten characters and characteristics and its varfous and numerous dialects. He then took up the literature, dramatic and oth- erwise, and tl literary sentiment, or what there is of literary sentiment among the people. The hall was crowded and the lecturer was given marked attention. Cente W. M. SMITH, Agent meri 200 Post Street ument and they did see it. Much nyh ous argument was wasted upon Judge Troutt about the propriety of having the paper read before the court. McEnerney explained that all he asked for in the wide, wide world was to get a copy of this document. He hoped the court would ad- journ long erough to allow the reperter to copy it, as counsel on the other side had agreed. The Pence freres were very much opposed to the reading of the con- tract, but it was finally settled by the courtesy of one side and the forbearance of the other, so the contract was copled and read off for the respondents, that they might know just what was the condition of things. g The arbitrament resulted ig the contract being read. It ran verbatim: Louis F. Dunand, attormey at law, 58 Calitornia street, Clunie building. corner Montgomery, telephone Main 5502. SAN FRANCISCO, Aug. 8, 189. This agreement, made and eutered into this Sth day of August, A. D. 139, by and between Mrs. Nettie R. Fair and Louls F, Dunand, witnesseth: That wheéreas, Mrs. Nettie R. Fair, the widow of James G. Fair, deceased, claims certain portion of his estate, and Whereas, said claim is denied and the same In litiga- tion, now, therefore, for and in considera- tion' of the services heretofore rendered and to be rendered by Louis F. Dunand aforesald, as counsel and attorney for sald Mrs. Neitle R. Fair now pending in the * courts of the State of California, the said Nettie R. Fair will pay, and by these presents agrees and promises to pay to said Louis F. Dunand, or his order, upon Judgment or recovery, compromise or other- Wise by her of her clalm or claims as afore- said, the full and true sum of $30,000. NETTIE R. FAIR. In_consideration of the foregoing. Louls F. Dunand promises and agrees to render such legal services in the above entitled matter as may be necessary to enforce the hts of said Nettie r. s o LOUIS F. DUNAND. (Indorsement.) This belongs to A. Sylva, Sausalito, Marin County, Cal. ‘When Mr Rock nmshed his labors on the stand he left with a haste that even the bailiff could not equal when he tried to bring him back at the call of attorneys. The contract is in writing and is signed by both parties, Mrs. Nettie R. Fair and Louis F. Dunand. It is said that Dunand testified before the Grand Jury that he was not a party to the contract, but that he acted merely in behalf of Sylva. The indorsement which it was claimed was a bona fide assignment to Sylva is written in lead pencil and is unsigned by Dunand, but without signature. And so the com- lication becomes more and more muddy. uis F. Dunand will have much to ex- plain when he appears before the court, especially as his former testimony was to the effect of an absolute assignment. Mrs. Craven was not present yesterday when the c was pending. Had she been there would have been called upon to identify the instrument. The at- torneys for the Fair heirs have asked for her presence again and she will soon make her reappearance on the stand. The case will go on to-day 11am CAPE NOME MACHINERY and SUPPLIES. SAND CENTRIFUGAL PUMPS: KROGH eaiic ady ™ S5t e line engine cheap. 9 Stevenson . . st, 8. F. SAND CENTRIFUGAL PUMPS. In Overation Daily, 625 Sixth Street. BYRON JACKSON. DREDGING PUMPS. Ofl, Gasoline, Steam Hoists, Centrifugal Pum; Engines& Bollers. HendyMach. Wks.,4 Fremont. EXPFRIMENTAL MACHINFRY & MODELS. L. PETERSON, 54A Mission, S. F.; communi- cations from 'inventors strictly confidential MARSH STEAM PUMPS Supply fresh or salt water for slulce boxes: high ar low lifts. Simonds, 33 Market st [FUMPS AND GASOLINE ENGINES. All kinds of Pu and G i Engines. WOODIN & LITFLE. 712 Market st.. 8¢ 9 BEACH GOLD CONCENTRATOR. SAVES All the Gold by Gravitation, = Silver. “Hand or power. In operaion 1 Spest BOSS GOLD SAVER. 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