The San Francisco Call. Newspaper, August 14, 1900, Page 12

12 ADVERTISEMENTS. Prevent Baldness And Cleanse the Scalp of Crusts, = -~ cales, and Dandruff by Shampoos with And light dressings with CUTICURA, purest of emollient skin cures. This treatment at once stops falling hair, removes crusts, scales, and dandruff, soothes irritated, itching surfaces, stimulates the hair follicles, supplies the roots with energy and nourishment, and makes the ,hair grow upon a sweet, wholesome, ‘healthy scalp when all else fails. Millions of Women Use Coricora Soar exciusively for preserving, purifying, and beautifying the skin, for cleansing the scalp of crusts, scales, and dandruff, and the stopping of falling hair, for softening, wh ©f baths for annoying irritations, infl perspiration, in the form of wash antiseptic purposes which rea d for mothers, persuasion ca preserving great skin care for ulcera ily suggest themseives to womeén, and especially 1 the purposes of the toil indnce those who have once used it to use any other, especially for fying the skin, scal CURA SOAP combines delicate emollient propert h the purest of clean , and ¥ ning, and healing red, rough, and sore hands, in the form inflammations, and chafin 1gs, or too free or offensive nesses, and for many sanative e wea bath, and nursery. No amount of of infants and children. CuTr- derived from CuTiCURA, the z ingredients and the most refreshing of flower odors. No other medicated soap ever compounded is to be compared with it for preserv XNo other fore iomestic toil rifying, and beautifying the et soap, however expensive, is to be compared with skin, scalp, hair, and hands. it for all the purposes of the toilet, bath, and nursery. Thus it combines in ONE Boar at Oxx Price, viz. (@iticura a t , TWENTY-FIve CENTS, the BEST & soap the ERST toilet and BEST baby soay Complete External and tnternal Treatment for Every Humor, 1 of CUTICURA S0aP (25c.), to cleanse the akin of crusts and soften the thickened ¢ ay itching, 1p! SUTICURA RESOLVEST (0c.), 1o c0ol and cl is often euf 7 Linden ave- , two It head | nson of the rough this n ) in- stem for the y while the —— e ANGELUS Techatical Piane Plo Many homes heve a plano, yet v few people play. i‘hey either have not -ths ability or he time to Jearn. Although there be no:musidat in the home. it need not despair of music now. - The An. device that 1o any plano- renders music_equal to'that of the masters of the planoforte, T‘he;’ Anpgelus H].';-.r paper rolls, which are records of the musj to ed. - by pump pedals apd -u: Ini ie SLODE, 25 On An ofgan. mere child can learn to play the Angelus in a few lessons. Prices of the Angelus range from 35 to 2 Call and bear this wonderful Sherman, Clay & Co., Steinway Plano Dsalers, ¢ i= manipulatea ‘= in and gomplexion n the world. icle, Curicuna O 0t 10 cure the most tortaring, distiguring, bair, when all clse faile. Porrem Fair, Hands. and Skin.” free CHOIR SINGER CAPTURES BOLD CHURCH THIEF John Worth Beoples Catches a Culprit the Police Are After. During Rehearsal in Sacred Edifice a Crook Enters and Steals Basso’s Valuable Overcoat. P e | | | John { Grace E Cal Worth Beoples, a bass singer In iscopal Church, at the-corner of and Stockion streets, distin- mself in the role of a detective on Saturday night. He was robbed while rehearsing with the choir in the evening, and after reporting the matter to the _California-stre ahead of the detectives, captured thief and recovered his property. Beoples went to the church early In the evening for rehearsal. He left a valuable 4 k of ‘a chalr in the m and thought nothing more of it until about § o'clock, when he was ready 10 take his departure. He was startled to 'C that the ¢ t was gone. Before ises he obtained the de- 2 man who had been seen inking away from the church some time before. This information he conveyed to the California-street police station. Sergeant John Duncan made a report of the matter, and then advised Beoples to | Teturn to Stockton street, find the officer Lon the beat and in his company visit the { pawnshops. In the meantime detectives | bad been put on the case. _ The singer then started out on.a lttle investigation of his own. He watched in the neighbornood, carefully surveying each person whom he met. In'a short time { he caught the thief and got his coat back. | He sert the crook on his way and the | sent word to the police station that the the s serviecs of detectives were no longer re- Lo SR ik For the Convenience of Passengers “An office has been established in the Oak- {land Ferry Depot (on the ground floor in the cent. et the building), whers passen- gers can leave thelr baggage checks, thereby saviug In the transfer of their on ,our x;ues being lower. Don’t o glve up your checks on the trains. Mor- 21 Delivery, 408 Taylor 60 aricet st Pt ';‘ e _ Building Association to Dissolve. Apstision . by for dissolution was filled yes- g the Co-operative Mutual Bulld- l are and Assoclation. T VR t station he hustled out | THE SAN FRANCISCO CALL, TUESDAY, AUGUST 14, 1900. MURDERER ALBERT HOFF GRANTED A NEW TRIAL BY THE SUPRETIE COURT Four Justices Say Judge Cook of the Superior Bench)| Went Too Far in His Charge to { Decision May Have an Important Bearing on the Cases of Mrs. Cordelia Botkin, Convicted of the Poisoning of Mrs. Dunning, and of Former Constable Albert Brandes of Berkeley. HE Supreme Court has again de- cided that Albert Frederick George Vereneseneckockockhoff, otherwise I known as Albert Hoff, the murderer of Mre, Mary Clut®, shail have a new trial It is believed that this decision will be B B e R S S far-reaching. There are now before the court two important cases, in which | the charges to the jurles were based | upon the same lines as those given |in the Durrant and Hoff cases. Mrs. Cordelia Botkin is under sentence | of death for murdering Mrs. Dun-| ning by the means of poisoned candy sent to Delaware from this city. Brandes, the ex-constable of Berkeley, is likewise un- der sentence of death for murdering his daughte: Both cases are on appeal be- fore the Supreme Court, and it is certain that in the Brandes case the decision of vesterday will be tak: vantage of, as Attorney Shaw is interested in both the Brandes and the Hoff appeals. The Bot- kin case comes up for hearing in the| course of a day or so in the Supreme Court. | The conviction of Hoff was based prin- cipally upon circumstantial evidence and in his instructions to the jury Superior Judge Cook dealt at length with the law | of this sort of evidence, motive and in- sanity. An appeal was taken to the Su- preme Court. | After considerable delay the highet tribunal handed down a decision giving Hoff another trial. The reversal of the judgment and order of Judge Cook was caused by the latter’s instruction to the | jury. The Supreme Court held that the | Superior Judge had gone too far in his the Jury. Sl Ik Q0400600 0000-+0+Q ALBERT HOFF, THE SLAYER OF MRS.' MARY CLUTE. . ject of circumstantial evidence; that his construction by truc- tions of the court dealt with facts, in- words were capable of mi the jury, and further that the ir stead of wholly with the law. The Attorney General representing the lower court succeeded in haying the Su- preme tribunal give a rehearing of the + [ L e e e e St ] appeal. He maintained that Judge Cook had not exceeded his prerogative in his charge to the jury, as he had followed | along the same lines as those In_the | charge to the jury which convicted Dur- rant, to which no exceptions were taken | by the higher court. He further cited Eastern States of the Union. terday, affirming its | first decision, re- | views those cases at length and still Judge should deal exclusively with the the facts, and that instructions and charges going elaborately Into matters which the jury alone should deal with | were infractions of the rights of the ac- cused, being likely to make impressions upon the minds of the jurymen. . The’ prevalling opinion was written by Chief Justice Beatty and concurred in by Justices Harrison, Henshaw and Temple. Justice McFarland dissented. Justice Ga- routte wrote a dissenting opinion, which was concurred in by Justice Van Dyke. Thus' the court was divided by four to three. Justice Garoutte says that the that the jury was wrongfully instructed as to the law of circumstantial evidence. He regards the charge simply as too long and too analytical. warrant a second trial of Hoff. Judge taken therefrom. He thinks the conclu sions reached by the majority of the Jus. tices are too technical and that justice should not be defeated upon such grounds. discourse to the jurymen upon the sub- BATTLE MGAINST BOSSES SHOULD BE CONTINUED Kelly and Crimmins Ought to Be Opposed in Every District. —_— Republican Harmony and Success in | Campaign Cannot Be Promoted by Recognizing Unclean and Treacherous Peliticians. it T The success gained by the anti-boss Republicans last Saturday night is not suflicient to_insure the defeat of Kelly, | Crimmins, Herrin, Dibble and Woife at the primary election, The warm baule: for the election of decent delegates to the | nominating conventions must be fought | at the polls of the primary. The anti-boss Republicans should not make the mistake of conceding a single Assembly district to Martin Kelly and Phil Crimmins, If the bosses are con- fronted with resolute and skillful opposi- tion at all points, they will not be able to detach rounders from the Twenty-eighth and Twenty-ninth Districts to confuse or embarrass the It of the Fortieth and Forty Politicians who Vi the Republican State Central Committee and talk of recognizing Crimmins and Kelly for the | sake of promoting harmony in the party and L n their guard. Kelly é‘;‘l’;fiuns ‘;:' uld knife McKinl Bryan as readily as they knited _L Budd, or Davis for Phelan. The Mint Saloon bosses are in politics for percent- obs and aividends on crime. Théy eannot be trusted on any proposition. The mere sight of a ballot box awakens in each an uncontrollable desire to stuff it it. Or(}ig‘ra;eh Stone, chairman, and William M. Cutter, secretary of the Republican State Cenfral Committee, have sent the following message to the chairmen- of every Republican County Committee in California: Dear Sir—While by the annulment of the Strattap Primary Law proxies are made per- missible, this committee carnestly urges the election gates to the State Conven- tion who can and will personally -attend. The convention will be held just preceding a great event in the history of our State. It will Tiot only constitute the opening of the campaign on the part of the Republican party and be con- ducted in such manner as will arouse the full- est interest and enthusiasm, in which the com- mittee will be aided by the people of Santa Cruz, who are proud that a State convention is to be held, for the first time, in their beautiful city, and who will spare no endeavor to sur- pass the attractions and hospitality of other Jocalities in which similar political gatherings have met in the past; but, aside from this, it will antedate but a few days the fiftieth an versary of the admission of California into terhood of States, of which she is the bright- est star. Under the auspices of the Native Sons of the Golden West, this anniversary, marking the half century mile post in our pro- be celebrated in the city of San befitting the | Secasion, and no Californian who can thould | tatl to be present and participate. The rallway rate will be fare one way for | the round trip. Return certificates for dele- gates will be furnished you, which will include The privilege of a stop-over at San ncisco | until and including the 16th of September. We reiterate our request for the personel at- t delegates. Yours very truly, . GEORGE STONE. Chaitman. WILLIAM M. CUTTER. Secretary. age on Don't start on your journey without putting s bottle of Jesse Moore “'AA’ in your grip. e Board of Supervisors Sued. The Stanley-Taylor Company has peti- tloned the Suverior Court for a writ of mandate to compel the Board of Super- visors to award contracts for printing to the plaintiff corporation. An alternate writ was issued on the filing of the con- laint and was made returnable before udge Murasky on the 24ith inst. ——————— Ladles' taflor-mads suits, silk skirts, fus capes; liberal credit. M. Rothschild, 626 Sutter. —_— : Bierworth Again im Trouble. Albert Bierworth, who was four times tried for the murder of Arthur Brown, whom he killed during a row and who was finally discharged, was arrested last night on a warrant charging him with battery. The complaining witness is! Charles Noe, who accuses him of assault- ing him with a club, without provocation. Blerworth was released on nds. —_—— Horsemen Charged With Theft. OAKLAND, Aug. 13—Henry Nelson, well known among horsemen, has been arrested on a charge of stealing a horse and a buggy from Charles McCleverty, ‘proprietor of the Fashion stables. Nel- Son was caught at Santa Cruz. He is % of having sold the outfit at San Torses at tne Tecs track, et lost Hhens e race ut los lem dissipating - - T S ——— LAST RITES WILL BE SIMPLE AND PRIVATE Funeral of Miss Bessie Warren to Take Place From Family Resi- dence To-Day. SLOT MACHINE MEN WIN A VICTORY IN COURT Jury in the Case of Frank Woenne Charged With Paying in Coin Acquits Him. ses of a similar nature in many of the The Supreme Court, in its decision yes- maintains that in charging a jury the law and allow the jurors to be judges of second trial is ordered upon the ground | He sees nothing: to Cook’s charge should have been taken | as a whole and not by isolated sentences for thirteen days this business has been outstrip ping all past August records, but you'd never gu that this sale was not starting bright and new ss is € th morning, so fresh are the goods and so complete the planned for a month more noticed for many days yet. fancy ribbons the rain- bows were not clipped close by yesterday's great selling. there is a splendid variety to-day. all are new ribbons, in this season’s choicest styles and colorings — and every piece is pure silk. the low prices are remarkable—but the qual- ity and beauty. of the ribbons are their greatest attraction. assortments. that is because new lots are brought for- ward as fast as the earlier lots are sold. this sale of busy days, and no of lessening variety, no abatement of values, will shirt waists_not made waists—not ugly un- salable patterns old styles. all are fresh and new; of this season's most popular fabrics and most authentic fashions. they were not made to sell cheap; they were made to be the best of their k the removal sale is alon sponsible for the shrunker prices. cheaply | PLEADS FOR OPIUM BUT REFUSES TO TAKE FOOD | Leon Strassman, Who Tried to Kill The funeral of the late Miss Bessie | Saloon-keepers and others who use His Father, to Be Examined Warren, who was drowned in the bay | nickel-in-the-slot machines and pay in| T s Sani waters, will take place at the family res ‘l coin will be jubilant over the decision of | . .. . a:o“,nrjwm‘l e:yt bt ate dence, at 2215 Van Ness avenue, at 2|a jury in Judge Cabaniss’ court yester- |, s . ’ | : The o s | in peace, for God knows that T have suf- o'clock this afternoon. The ceremonies | day afternoon in the cagaw of “Frank | @ Peacs 9% €00 E0OW will be very simple. There will be no| Woenne, saloon-keeper, 1075 Market street, | {20, €ROUER QUERCYS 0 b0 music. Only the intimate friends of the | charged with conducting a game of |y oo, Strassman, who shot his father family will be present. Rev. Edward B.|chance. A policeman played the machine | (G300 1o porina"inder the delusion that the Church, principal of the Irving pupil, will read the the dead. The inte asonic Cemetery Rev. Mr. Church ‘w E ment will_be 1d_will be 1 offer prayer. The wish of the family is to have the earers will be near {riends of the family. —_————————— National Guard Outing. Companies C and G of the First In- fantry, N. G. C., will on Saturday have an outing to Fairfax Park. They will be joined by Company D of San Rafael and will make a day of it. Insti- tute, of which Miss Warren was a former iscopal service for at the private. and was pald in coin. The evidence of the policeman was di- rect, and after the arguments of counsel the Judge charged the jury and explained explicitly what constituted a game chance. The jury retired and brought in a verdict of not guilty. The jury was composed of Willlam Cronin, Arthur ceremonies as quict as possible, but|Voight, Lyman V. Foster, J. 8. Carberry, personal friends, including possibly form- | George Roberts, Paul Ottman, E. Sellon, | er fellow students of Miss Warren at the | James Desmond, . Levy, Thomas e, will attend. All day | Donegan, J. A. Meyer and F. W, Farren. iges of condolence were | One or two of the jurors expiained to the 5 Van Ness ayenue from | judge that they were not sure that the | many friends in this city. Messages of | defendant knew that money was paid at | tief also came from abroad. The pall- | 16 bar, and gave him the bemefit of the doubt. Henry A. Thom Worthen, who was arrested at the same time as Woenne, and fined. seized by the pclice over a year ago were yesterday returred to their ownerg, as they hacd all taken out licenses and had agreed to corform to the law. of | was convicted by Judge Coflan last week | A number of the machines which were | old man was trying to poison him, thus ‘pleaded with Steward Kahn in the ReA: | ceiving Hospital last night. Kahn had entered his cell, where Strassman is con- | fined pending an examination as to his | sanity, to give him his supper. Strassman ordered him out after declaring that he would never eat in. = Since his arrest Strassman has not par- taken of a particle of food. He frequently | calls for opium, but in vain. The doctors at the hospital are satisfied that Strass- | man is felgmnz insanity in the hope of Leing saved from being sent to jail for | | his awful erime. | ———e——— { 40% discount on tailor-made suits to order; 30 days on'y; fit gua R. Sideman, 107 Hayes.* —_————— Charley Hing Convicted. | | Charley Hing, a Chinaman, was convict- | ed in the United States District Court yes- | terday of selling unstamped yen shee, or | optum scrapings. -~ ROYAL Absolutely Pure Makes light, flaky, delicious hot biscuits, rolls; muffins and crusts.- Makes hot bread whole- some. 'These are qualities peculiar to it alone. 1 have found the Royal Baking Powder (ING POWDER CO., 100 WILLIAM ST, NEW | involving three cases, all | and John Garber, who spoke 1 | testato: to all others, ~q.comua¢.new y YORK. TRUST CLAUSE AGAIN BEFORE HIGHER COURT Hayne and Garber Take Up 0ld Fair Will Case Once More, One Day Given Over to Dry Ques- tions of Law and Another to Be Similarly Filled Is in Sight. DR The Fair case with its att gent of attorneys came up before t reme Court yesterday in 1 1 trust clause of the Fair will.' ° all on appeal from Judge Slack’'s { breaking the trust clause. All the Justices of were present and atto fill all the chairs and overflow on to th benches around the walls of room. Those active in the case d the day were R. Y. Hayne, who spok the morning In favor of the trust cl noon against it. Each side ited by the court to five hou dispose of its hours as it sees Hayne's contention was tk clause was valid beca not be among the tru: statutes of this State, it was trust as would be valid und t mon law. He contended that the co law governed. There had been a stat defining “powers” of conveying land ways similar to that adopted by Fai but that statute had been repealed, in repealing the statute Hayne cc ed that the common law, upon the statute was built, then obtained that under it the Fair trust was val Attorney Hayre contended furth even if the trust clause be declared valid then ghe words of the not be construed into a declar intention of the testator to property in the manner stat trust and therefore it was province of the court to direct € tance in the manner set forth, regardless of the validity of the trust which it was aimed to form. In answer Garber took up the question of intention, advancing the idea that the best evidence of the was the words his will. There cou of the fact that he to create a trust, Garber that trust was an invalid o of bequeathing property w herent right, lawyer privilege allowed by la when a man wished to bequeath erty in any other way than according to the law's doctrine of the descent of prop- erty, he must do S0 in' the manner pr scribed by law or his bequests could not be considered. Judge Garber contended that trusts were limited by the Legislature of this State to certain kinds and a trust to ¢ vey was not among those set forth. continued in Ha an effort to demonstrata that the Fair trust was a trust to ¢ 1 The trust was formed by through the lives of t after Fair, and it was dir the trustees must convey to the second generation, - dren of Fair. This, . was a trust to convey to the grandchildren of Fair and as such was invalid under the laws of this State. On the other points advanced by Hayne Garber will touch more fully this morne ing and then McEnerney will reply. The doctrine of trusts involves some of the most intricate points that lawyers can bring into court, There have beén volumes upon volumes written upon the subject and the arguments are inter. spersed with quotations from all the legal writers from King Alfred to the last book of California reports. They were just such points as lawyers like to listen fo to sleep over and they will be arg: nedrly six hours more. — Sons of Exempts. At a megting of the Sons of Exempts last evening the following named wero elected directors for the current term W. P. Humphreys, Traube, F. Edwards, P. M. Grief, Willlam ¢ Graves was elected pres: Clark, vice president; W Kibben, secretary; P. 1. and G." Fenstermacher, -~ o m: ‘Women’s Republican Club, mn!:: :‘l’l?mh:‘;; Republican State C. u 1 Vlv : p> an important meeting Clubrooms of the California Hotel. women interested in political y can questions are mp'(:‘“: L evening at 8 o'clock at the All