The San Francisco Call. Newspaper, December 21, 1900, Page 2

THE SAN FRANCISCO CALL, FRIDAY; DECEMBER 21, 1900. BROTHER BARONS TELL THEIR STORY OF THE NIGHT REVELS “young Baron™ roof one night fendant that the had crawled out upon tk when attacked by nausea. ONE ESSAY AT Baron's Liverymen Testify to Bad Reputation of Witness Jewe. ed, Witness > influence o “What were you playing?” “Poker. st evening was oxicated then? ors to the pl r? become intoxicated later ked Mr. Maguire R s called to the nder oth? Teams to Baron. with Jewell up e in getting the t it to Mr. Marti- truth br & tected Iying n s rs been attacked in any wi the case.” - ered the team | fr s 11, yes, for longer than Witness That Failed. Sutherland, a harness dealer of vas called. know William H. Jewell?” Ma- id he c smissed him. , owner of the Bay View i that he would not be- Jewell under was bad he employed there during jver a three-seater for you afael at night any time be- those dates?” er deliver a two-seated rig.” not recollect positively.” long have you known the plain- asked Cochrane. Iy ten or twelve years that time he has been a cus- tomer of yo Thre &h the hotel, yes.” teams conveying him back between the hotel and the Guring this trial?” 1 are the father of Joseph Murray?” supposed to beg’ do you say thit?” “No one can s positively that he is the perent of a child.” H. Wilkins was called. u meet plaintiff at a card game sbhouse of the Hotel Rafael dur- ingz the summer of 1886, when the plaintify, hic brother, Alexander, and a lady were sent 7 Yes.” And Carl Schaubye was the waliter in lance i do not remember the waiter.” ‘Was the lady intoxicated?” The Hub (CHAS. KEILUS & C0.) MEN'S CLOTHIERS ONLY; THATS WHAT WE ARE: LATEST PRODUCTIONS OF THE STEIN-BELOCH CO'S, HACKETT, CARHART & CO'S CELEBRATED STYLISH CLOTHES. WE KNOW HOW 70 FIT TO RWAIT ON YOU. TAILORS EVEE TRY US? YOU OUGHT. Exclusive High-CGrade Clothiers ALBERT FROCKS, MORNING COATS, FULL DRESS AND TUXEDOS sE‘MIli‘IS)REAS AND BUSINESS SUITS. GOWN RAGLANS, AUTOMOBILES, - TOP COATS AND SANDOWNS, SLEEVELESS INVERNESS' READY-TO-P! WANT-THEM. PARACON TROUSERS—ONLY HERE. Open Evenings Until Christmas. 13 KEARNY ST. THURLOW BLOCK. Alexis | uld not know every- | t everybody thought. After as to the mean- eral reputation” he said he | Jewell's reputation oath and that | Magutre | 3 3 JUDGE ANGELLOTTI ERIEFE TAYLOR SEARcHES ONE OF THE BlarorN'S SLEUTRS Was she under the influence of liquo: o—that is, she was not intoxicat She had several drinks.” YOUNG BARON ‘ ON THE STAND ‘NU Intoxication or Misconduct at His Brother’s Little Parties. | le der von Schroeder was called on half of the defendant in rebuttal. Fol- g i= his testimony: e: Q—Mr. von Schroeder, where de? en Rafael. ve you resided there? e years. Mr. v , you heard the testi- 1y of Bernard Peters 1 did. 1 wiil ask yo Mr. von Schroeder, if, on i mentioned by Mr. Peters, { there was any in the parttes of which he testified you and Baron o was drunk? oment, tion is objected to upon the nnot predicate a question to understanding_of 1 suppose you would have a right to ask the witness if he remembers the witness | Bernard Peters while employed at tie hotel, 2d you would have a right to ask him whether 1y of the occasions on which he acted as attendant there was— Maguire (interrupting)—I will take that | course Mr. Delmas—To the present question our ob- jection is leveled. | © Mr. Maguire—We will withdraw the question. We were attempting to save time in getting over these preliminary questions. | "Q.—Dfd you know the witness Bernard | ters while he was emploved as an attendant at | the clubhouse of the Hotel Rafael? A.—Yes, sir | Q—You heard his testimony yesterday con- cerning certain parties, of which he stated that von Schroeder | your Honor | Pe- | you and your brother, the plaintiff in this | action, were members? | A.—Tes, sir. | Q'—Was any_woman of any of the parties | | mentioned by Mr Peters on any of those oc- casfons drunk Mr. Delmas—That is the same question to which we have objected, if your Honor please, {and I think the counsel need not be chary of time.. It will take less time to put the question in the proper form. That is the same identical n, ““Were any on ti occasions? ‘the oc s which it may be, and | be assumed, for the purposes of the | estion— Mr. Maguire (interrupting)—I will change the form, then, and say on any o n when Mr. eters waited upon vou, or any party of which you were a member, in the clubhouse of the Hotel Rafsel, or any of the cardrooms con- sected - with the clubhouse, was there any woman of the party drunk? A—No, sir Q.—Was Beron von Schroeder drunk on any of those occasions? A.—No, nev Q.—Were any of the women, or was any woman, of any of those parties under the in- fluence of Jiquor? A.—No, sir. intoxicated? ‘Witness Not Intoxicated. Q.—Mr. von Schroeder, were you .1toxicated? A.—No, =i Q.—On'any of those occasions? A.—Xo, sir. | Mr. Maguire—Mr. von Schroeder, on any of the cccasions on which Mr. Peters waited upon | any party which you and the plaintiffs were | members, ‘were there any glasses broken by the parties? A.—Yes, s Q.—Will you state the circumstances under which the glasses were broken, and by whom they were broken? A.—Sometimes when we drink the health of a lady we break the glaes as a kind of compli- ment to the Iady, that we never drink oul of that gla: again. That was the object of breaking the glasses. Q.—Mr. von Schroeder, I want simply to re- mind you that in this case we desire to go through with the examination without men- toning the name of any ludy who was con- nected with any of the matters under inquiry. Both sides have agreed to that course, and I want you 10 keep it in mind. Were there any glacses broken on any of those pccasions by thr ing p 3 Mr. ng them from the table, anybody throw- hem t‘;m the table? No, sir. faguire: Q.—Were any bottles broken by being thrown upon the floor or against the wall on @My of those occasions? A.—Not that I remember. That Barroom Wager. Q.—1 will ask you now, I don’t know whether it is,in Peters’ testimony or mot, but 1 will ask & ember an occasion on which 2ny be were broken, or any bot was broken, or any attempt made to break ottle In the clubhouse &t which you were resent. Mr. Delmas—When Peters was not there? Mr. Maguire—] am not speaking now about Peters. 1 don't know whether this 18 in Peters’ ony or not. Therc is such testimony. A.—Yes, sir. Q~—~Will you state what that occasion was, and what was done? A.—I: was in the barrocm. It wds a bet between several gentlemen if anybody was able to breek a bottie by throwing it on the floor. Q. —What kind of a bottle? A.—An empty champagne bottle. Q. —Were attempts made to break the bottie? A.—There were; yes, sir. Q—Who took bart in those aWempts—if there were any ladies there, don't mention their rames. —There were no ladies. —There were no ladies there? —It was in the bartoom. “Only gentiemen? —All genttemen. % Q.—Do you remember who attempted to break the bottie? And how the .mmm_yoff..y there was @ bet that nobody could break the bott Dby throwing it on the flogr? That was the bet? ‘A.—That was the bet Q—How many people tried to do {t? A —That 1 don’t remember; perhaps two or three. Q.—DId they break the bottle? No, str. Q"Ana it was not broken? No, sir. Q.—Was there any other occasicn on which bottles were thrown on the floor in that way, or broken? —Not to my recollection. ' Q.—Not to your recollection? A.—No, sir. Q.—Was there any occasion while Bernard Peters was serving any parties there of which you and the plaintif were members when > es we-s thrown on the floor and broken? —I dcw't remember any occasion. Q—Wa- there any occasion when table- cloths were pulled off the table with the dishes, and dishes broken, in the clubhouse, when 'you were present or when you and thé plaintift were members of any party there? A.—I don’t remember that. Q.—Did you ever at night crawl out of a win- dow of one of the cardrooms, in or attached to the elubho to the roof of the bowling alley? A—Yes, sir. Q—Will you state to the jury what that oc- casion was? State the circumstances. Did It for a Joke. A.—T crawled out through the roof for a joke. I disappeared over the roof. They were look- ing for me and could not find me, and I disap- peared on the roof that leads down to the sther side. Then I came back. Q.—You came back the same way, did you? A —Yes, sir. Q.—That was to the roof of the bowling al- ley? Just under the window of the card room, was 1t? A.—Yes, sir. Q—How many times did that occur? A.—That I could not say. Q.—More than once? A.—Perhaps more than once. Q. —Perhaps more than once? A.—1 know that I have been there; that is all I remember. Q.—Was there any occasion, while Mr. Peters an attendant in the clubhouse, When glasses, or a number of glasses were broken. larger glasses called for? Do yow remem- such occasion as that? A.—I don’t remember any such occasion. Q —Was there any occasion, while Mr. Pe- ters was an attendant at the clubhouse, when wine or champagne was drunk by your party, the party of which you and the plaintiff were members, out af beer schooners? A.—I don't remember that. I don't believe it. Q.—Were you present at any card party or supper or other gathering at the clubhouse were ladies present, and the plain- taken {117 sion a lady was 1ll. sion a lady was 1117 1 don’t know. Q.—Was a physician sent for? A —Yes, sir. Q—Who_was the physiclan? A —Dr. Howitt. Q.—0f this city? Yes, sir. —Do you remember the witness, Edward It. Moss as an attendant at any time in the clubhouse at the Hotel Rafael? A.—~I remember him from there. Q.—You remember him from that? A.—Yes, sir. Q. —Mr. Von Schroeder, do you remember any occasion on the porch of the clubhouse when You and the plaintiff and a lady were present When there was any question about the lights? Many times —~Many times? , sir. Moss testified—and I now read, Mr. from page 146, 1 commence with the “Did you ever have any conversa- Mr. Delmas, first line: | tion with respect to the lights with the plain- tf? A.—On one occasion, yes, sir. Q.—Who was present? A.—The Baron, his brother Alex and o lady. Q—What was the conversation? A.—Regarding the turning out of a light on the porch? Q.—Yes. A.—On the porch: The light was turned out and I Lit it again. and the light was turned out again, and I was crdered to turn it down.” I should think that should be “‘on.” Q.—Yes. AT said that it was— Mr. Delmas (interrupting)—I think that that correction might_be made. Mr. Maguire—Yes, it was ‘‘on,” instead of “down.” ; Mr. Delmas—We will correct the record ac- cording] Mr. Maguire: Q.—Do you remember any such occufrence in July, 159, Mr. von Schroeder? Lights Hurt Their Eyes. A.—I don’t remember that there ever was any discussion about the matter. We used to furn them, but because we did not like the bLright light to shine right into our eyes, Q.—Do_you remember any occurrence in which Mr. Moss or any walter in the club- house had such a conversation with anybody in your presence? A sir. Q~About ihe lights? A.~No, #ir. Q.—You_heard the testimony of the witness William F. Ballard? A—1 aia. Q.—Wto testified that he was an attendant at the clubbouge for one month in 1597 and at the jusy season of 1895, that he was there in 159§ from about the Tth of May until the 2ith of Eeptember of that year. Was there any oecca- sion while Mr. Ballard was an attendant at the elubhouse when in any party of which the plaintiff and yourself were members there was any woman drunk? No, sir. Or 'any woman intoxicated? . sir. AL Q—Or any woman under the influence of liquor? No, sir. Q.—Was there any occasion while Mr. Bal- lard was an attendant at the clubhouse and in any of the rooms of the clubhouse where-vou and the plaintiff were present when any dishes were broken? A.—I don’t remember that any dishes ever havé been broken. Q.—1 mean, of course, by any members of the pariy of which you and the plaintiff were mem- bers. You understand that? A.~I understand it. .—Were there any glastes broken by any member or members of any party while Mr. Bailard was an attendant there? A.—Yes, sir. Q—will you state the circumstances under which glagees were broken during that time at any of those gatherings? A.--Well, under the same circumstances as 1 bave stated before. “The Court—1 gnight suggest, Judge, to expe- dite matters, it is hardly neceseary fo call at- tention to the testimony of each witness. Couldn’t you ask in a genéral way whether any of_these particular things occurred? Mr. Maguire—I could, but there are two dif- fculties about that. One is that counsel ob- jects to that method of examination. The Court—Oh, no; I don’t understand so. Mr. Maguire—And the other is that we a liable to overlook something in-that way. have gone through the testimony and a The Court—Well. this.is very slow. Mr. Maguire—I know it is, but — ¥ Q.—Do you remember the witness Lally as an attendant at gl't, clubhouse of the Hotel Rafae] Z1 aia. ! W Q. there any occasion while Mr. Lally was an attendant at the clubhouse of the Hotel Rafael when there was any unusual noise made “a"‘; :luh, by any unv’ot ‘which you e ‘were flflm mA —Nn{lfhng remember. -~ Q.—Was there any cccasion while Mr. Lally ORDERS A RAID IN was a member of the party, when a | DoING A LITTLE “SHABDowWING® was an attendant at the clubhouse when there wWas any nolse other than singing? A.—No, sir. Q. —Made by any party of which you and the plaintiff were members? A.—No, sir. Q.—I mean made by the party of which you and the plaint!f were members? A.—1 understand. Q.—Ido not mean the ordinary noige, as to walking around or moving about. The Court—His answer is, -‘‘No, sir.'" Mr. Maguire: Q.—Did any party at any time eing any songs in the clubhouse? A.—Yes, sir. Who did the singing? Do you remember? A.—All of us; all together. Q—AH jolned in songs? A—Yes, sir. Q 1d the plaintiff join in any songs, your kt:owledge? A —1 think so. Q.—Xou think he aid? A—Yes, sir. Q.—Were any members of the party on any- such occasion under the influence of liquor? to No, sir. Q.—Or drunk? A. fin‘ sir. Q. r. von_ Schroeder, did you testimony of Willlam H. Jewell? AT did. i 2—0Nuemuy last and yesterday morning?; 1 did. J .—Was there any occasion to your knowl- edge or when you were present at or near the stables of the Hotel Rafael when four mem- bers of a party of six returned to the stable, and it was reported that the plaintiff here and éne woman of the party were missing? Do you know the occasion, Baron? A—T know the statement of the witness. Mr. Maguire: Q.-Did any lady member of | any driving party, to your knowledge, return drunk to the hotel? A.—Never. . Lady Was Not Drunk. Q.—Do you remember the witness Schaubye? A.—Yes, sir. Q.—\as any lady of any party, of which you and your brother, the plaintiff, were members, at any time while Schaubye was an clubhouse, was any lady of party while Mr.’ Schaubye was an attendant at the clubliouse, drunk? A.—No, sir. Q.—Or intoxicated? A.—No, =ir. Q.—Were any glasses broken on any occasion when Mr. Bchaubye was an attendant, and your brother and yourself were members of any party in either of the cardrooms in or attached to the clubhouse? A.—1 don’t remember whether it was dur- ing the service of Carl Schaubye. Q.—Well, he states that he served there— you remember of Carl Schaubye being an at- tendant there, do you? A—Yes. Q.—He testified that he was theré from the middlé of March to about the middle of Qc- tober, 18%3. Was there any occasion during that period when Schaubye was an attendant when any glasses were broken in those rooms A.—T don’t think so. Were any bottles broken or any dishes broken by any such party, of which you and your brother, the plaintiff, were members dur- Ing that time? ne that I remember. Q.—Do you remember a card party at which you. the plaintiff here, your brother, and Mr. Wilkins, Mr. O'Connor, some other gentlemen and a lady were members, while Schaubye was an attendant there? A.—T remember. Q—Was the lady, on that occasion, drunk? —No, sir. Wa sho under the influence of liquor? No. eir. Vas she intoxicated? 3 —No, sir. —1 understand you to say you remember the occasion Mr. Schaubye spoke of in his tea: AT do. Delmas_well never mind; he has an- #wered your questl Mr. Maguire—Yes, sir. Mr. Delmas—And that was that vou asked. The Court—The occasion was identified by the parties present. Mr. Delmas—The Interrogator has identified that ‘occasion that he speaks of. Mr. Maguire: Q.—You have already testified about the attempt to break a champagne bot- tle in the barroom. Did that attempt ever oc- cur more than once in the barroom? That you remember? ; A.—Not that T remember. 2 Some More Deniall Q.—Was there any member of an; rty, card party or other party at the clubhouse, of which you and your brother, thé plaintiff, were members during that period, under the in- fluence of liquor? r A.—No, sir. Q.—Qr drunk? £ A.—No, sir, * Q—Or 'Intoxicated? A—No, sir. Q' —Was there any occasion, In any room of the clubhouse during the year 1898, or at any time when any member of any such party was drunk? A.—Not In the preserice of ladles. Mr. Maguire: Q.—Not in the presence of 1adies? A.—No. * . Q.—Mr. Von Schroeder, I will ask you were any dishes broken by any member of a party of which you were a member? A.—Not that T remember. Q.—Did gy hear the answer of the witness, id. hear the not the question aherty, yesterday? there, at any time, a party of la- gentlemen. including yourself and your brother, the plaintiff here, in the billlard Toom of the ‘clubhouse at 1 or 2 o'clock in the time of night? passed through there on the Q. (nterrupting)—T am asking you a ques- tlon about a specific thing. Was there any oc- casion when you ‘and your brother, the plain- tiff here, and ladies were in the billlard room of the clubhouse, and any of % party attempt- 2d to break 8 bottle, or bottles, on the floor of the billlard room? A.—No, sir. Q.—~Was there any such Your brother threw a glass to il room, with lHard Wllhl"h"l hm,“mer - ¢ £ ST UM ase pous thiion dnyde ocea- stons ‘of Which 1 have spoken iready; when 7 .:‘y’-‘glfiz.‘ud party or otherwise, was pres- the influence of liquor in any {durtng the vears f&"‘qm",",.’..“"z"n«. ver A.—No, sir: b A i ] Qj_w any lady ‘Imxle-ua in any such Q.—Or under such < Mr. Maguire—You may take the wit name was Alexander or Alexis von Schroeder 4 Stops the Cough clubhouse of the Hotel Rafael, and present ‘any lady drunk in any such party? Tty A.—No, sir. A.—No, sir. o hat rml: he b A e that the deféndant is gmtitled to show any s SAFE COORED LIKE AN OVERSTOCKED LQuNy eToRE.. BARON'S GUN FIGHTERS AETER THE SEARCKH COURT UPON THE VON SCHROEDER GUNNERS. Baron Alexander von Schroeder. | Dejmas—That is all, sir. You may step down. Mr. Maguire—That is all, sir. NEWS ALWAYS TO BE VERIFIED Instructions &s to Careful In- vestigation Not Modified at’Any Time. John D. Spreckels, the defendant, was recalled for further examination. His testimony was as follows: Mr. Delmas: Q.—Mr, Spreckels, you were not here this morning when his Honor made cer- tain directions as to your being recalled as a ‘witness? A—1 was not. Q.—And you don’'t know what directions were given in that respect? A.—1 do not. Q.—I will, then, call yuur attention to your former testimony, Mr. Spreckels, with refer- ence, first, to the instructions given by you gererally to the staff of The San Francisco Call with reference to the care that they should use in making investigations before ‘they pub- iish any matters of news in the paper. Mr. Maguire—I submit that general instruc- tions are—oh, well, 1 don't know as I care about it The witdess may answer the ques- on (By direction, the reporter reads the question.) Mr. Delmas: Q. (continued)—And asked you, in that connection generally, whether you gave any instructions, and you tan answer that yes or no. A1 aia. Q- —Please state what those instructions were. A.—My instructions to Mr. Leake were that in all cases where news was brought in affecting persons or cor- porations he should be particular to verify all, every bit, before publish- ing any, no matter how good the news might be. And also my instruc- tions were that, in the event of the paper having made a mistake in the matter of having given some news which was not straight, to always re- tract, and do it in as large print as was. the article which first gave the notice. Q.—Have those instructions, Mr. Spreckels, been rigorously enforced in 'that paper and about its management ever since you have be- come the owner and publisher of it? Mr. Maguire—Objected to as Irrelevant, im- material and incompetent, leading and’ sug- gestive. It is not for him to say a matter of judgment that those things have been done. He may show what was done— The Court—I don’t know as I quite appreciate the full meaning of the word ‘enforced” in that connection. Mr. Delmas—I will ask you that, enforced by ¥ou, o far as in your power lay. The Court—That is the question now. . Mr. Maguire—Objected to as irrelevant, im- material and incompetent, leading and sug- gestive. The Court—The objection is overruled. Mr. Maguire—Note an. exception. The Court—You can answer that yes or no, Mr. Spreckels. A.—IL will answer ves. Mr. Delmas: Q.—Have those instructions ever been rigorously and constantly enforced, so far as you have any knowledge? Mr. Magulre—That is objected to as material, {rrelevant and incompetent, and suggestive. The Court—I don’t know as you are entitled to this particular answer, Mr. Delmas. It seems to me that you have gone as far as you are entitled to go. Mr. Delmas—If that is your Honor's opinion 1 will ask another question, then, subject to your Honor's ruling. Instructions Not Relaxed. Q.—Have you ever modified or relaxed those instructions ever since the first time they were given? * A.—1 bave not. Q.—When were they, for the first time, given? When I first became the proprietor of the im- leading A. paer. Q.—And that is, you have stated, some— A’ (Interrupting)—Three years and over. Q.—Some three years ago? A.—Yes, sir. Q.—Now, Mr. Spreckels, with reference to the plaintiff here, you had already commenced to state when you were formerly on the witness stand, some matter, some piece of news that came to the office a coupie of weeks before the publication of the article in question. A.—Yes, sir, Q.—I refer to the time when you were sum- moned from your home—— Mr. Maguire—We object to the question as ir- relevant, immaterial and incompetent and that it does not come within the right reserved by the plaintiff's counsel, namely, that it is call- {ng for matter that Was ruled out on yes The Court—No, it is not calling for matter that was ruled out, Judge. The question that was ruled upon was read this morning by the Court. The question now asked does coms within the rullng made this morning as that ruling was understood by the Court. I general or specific instructions as to the care to be used in the matter of publication. Mr. Delmas—I am endeavoring to follow your Honor's language. The Court—I understand that, Mr. Delmas. I am inclined to allow Mr. Delmas to ask the witness, at this time, as to what instructions he gave on this particular occasion, to Mr. Leake regarding plaintiff. (By direction, the rv‘oru.r reads the last question put by Mr. Delmas.) The Court—That is preliminary and ¥mply to identify the occasion. Mr. Maguire—Well, of course we were look- ing to the substance and not to the form of the particular question. Court—The witness may answer that question. Just yes or mo. . Mr. Delmas: Q.—I merely wish to recall the beErrxem to your mind. Do you recall it now? i ed; and as you have alread: 12" CAll office, “some time after A= 2 —m from your home? R ltmeta 18 ana 1 orlock. Q.—At that time, were you m&mm the connected with the , or by the , With any plece of news that detrimentally affected the plaintiff here, Schroeder—— % = agul) 1 —Objected tmatotial. ielcvant abd Tacomnetens, 1. 2% The Court—I don't think you are-entitled to information that was then given to Mr. %e_l:h. You have already shown by the 53 on 't Eivieier case. structions. THE BARSNS BRAVE GUNNER" FELT BRAVER WHEN HE S A/ THE SAFE FULL - witness what in- Leake concerning the don’t want the subject matter this time, to show by the structiors ‘he Fave Mr. plaintiff. But I of that story. Mr. Delmas—Very well Q.—Mr. Spreckels, with to that story, then, which his Honor has just identi- fled by reading from his notes, what irstruc- tions did you give to the manager of the paper, to the staff, if any were given to the staff, with reference to the publication of that story or any publication referring to the plaintiff here? Mr. Maguire—Objected to as immaterial, ir- relevant and incompetent. The Court—The objection is overruled. Mr. Maguire—yote an exception. A.—My instructions— The Court (interrupting)—Just simply the in- Story Not Published. reterence A.—My instructions were that the article should be killed Mr. Maguire: Q.—Killed? —Yes, sir; or In other words, suppressed. Q.—Suppressed, that s the meaning of “Killed” in newspaper parlance? A.—Yes, s=ir. Mr. Delmas: Q.—Did you give any further {nstructions upon that subject to Mr. Spreck- els? The Court—To Mr. Leake. Mr. Delmas: Q.—To Mr. Leake or any one who had authority there? Mr. Maguire—Objected to as immaterial, Ir- relevant and’ incompetent. The Court—The objection is overruled. Mr. Maguire—Note an exception. A.—It was not necessary to give any fur ther instructions. Q.—And that article— id not appear. t did not appear? A.—No, sir. Mr. Delmas—We think we have gone as far in that matter as your Honor's ruling will per- mit, and therefore turn the witness over to the other side. Mr. Maguire—We have no questions to ask. Mr. Delmas—That is all, Mr. Spreckels. BARON GOES ON WITNESS STAND Denies All Stories of Drunken- ness, Vice and Indecent Conduct. Baron von Schroeder, the plaintiff, was called in his own behaif in rebuttal. Fol- lowing is his testimonv: Mr. Maguire: Q.—Mrw von Schroeder, where do you reside? A.—In San Rafael. Q—How long have you resided here? A.—About ten years. Q_At what particular place in San Rafael have you resided? A.—Mostly in the Hotel Rafael Q—Mr. vor. Schroeder, you heard the testi. mony, of the witnesses—Bernard Peters, Edward R. Moss, Willlam S. Ballard, Gus Laily, Ray- mond O'Neill, Willlam H. Jewell, Carl Schau- bye and Thomas Flahert: A1 aid. Q. —Yesterday and the day before? A—1 aid. “You heard their testimony? A—1 heard their testimony. Q—I will ask you if on any occasion men- tioned by any of those witnesses, or on any oc- casion during the year 1598, you were with a party of ladies and gentlemen, or of ladles, in Which any lady was drunk in the clubhouse, in any room of the clubhouse, at the Hotel Rafael? A.—I was not. Q—Was any woman in such party drunk or intoxicated at any time, when you were pres- ent, in any room of that clubhouse during that year? A.—No. Q—Was there any occasion, in the year 1389, when you were a member of any party of ladies and gentlemen, or of ladies, in which you were the only gentleman present, or at which other gentlemen and ladies were present, and when any lady of the party was drunk, in any of the Tooms of the clubhouse of the Hotel Rafael, Quring the year 15097 A—No. Q—Or when any lady of the party was in- toxicated? A.—No. Mr. Delmas—Well, what is the exact distinc- tion between Intoxicated and drunic? Mr. Maguire—] don't think there s any. The Court—I don't know, Mr. Deimas. Mr. Maguire—1 don't know that there is any, Mr. Delmas, but some people do draw a dis- tinction; some of the witnesses did. Mr. Delmas—All right. Never Seen Drunk in San Rafael. Mr. Maguire: Q.—Was there any such oc- casion, in any of the rooms of the clubhouse of the Hotel Rafael, when you were drunk in the company of fadiés, or ladies and gentlemen, during the year 159 or 15987 A.—Nobody has ever seen me drunk In San Rafael, Q.—Then there was no such occasion? A.—No; never. Q. "Was there any occasion, during either of those years, In a cardroom of the clubhouse, or In any reom of the clubhouse, when, in any party of ladles and gentlemen, or of ladies and sentlemen and yourself present, you broke any lasses ? ST have broken perhaps in those years once or_twice, onl a certain occasion, a glass. Q.—State the circumstances under which those glasses were broken. ‘A.—Like the Scotchman puts his foot on the table when, he drinks a health, so it is the custom in England and Germany on certain occasions, -for instance after-a hunt, if the man who won the hunt, for instance, wants to honor & woman of the hunt, he orders a drink to the special lady, snd on that one oc- casion that you drink her health. yru drink it and you take tRe glass and throw it in the corner. And that has perhaps 8l or lwlvc\t. o o Q.—Were any glasses broken by you under any other cirew any of those rooms ¥ ing hose two at any time du Ko LU T sy not purposely, however. Q.—If such a thing did happen it was acci- ":mx’x was accldental. Q. —Was there any occasion when you were present in any room in the clubhouse either of those years, when you were ":‘ otker parties, when you, or other members of the party with you, ladles or gentlemen, broke ishes ? ~ A.—1 don't remémber that any dishes béen broken. o, Navin Q.—Did you personally break dishes wiltully, Viee Ty of theme gy 1% OF other: Q—At mm?w G=Dia vou ever, with sy sach party, } them on the floor? P Ly R % room of the clubhouse when any made to break any bottles? A.—I have been told of it. I was Q.—Was there any occasion in room of the clubhouse when you with your brother and some ladl haps some other gentlemen. when with a billlard cue, or with your hal a glass to the floor from the table & o n? A.~Thete may be a glass broken; il dor'g remember; certainly I did not do it puiv 4 Q.—Did ‘you, at any party or gathefnz. in any room of the clubhouse, in sither B or 189, have a woman sitting on your Kneg? A.—Most certainly not. Would Not Be Such a Fool. Q.—Did you, on the veranda of the clubh@es, at any time during either of those years, Meve any womean sitting on your knee? A.~1 would pot be such a fool. Q.—You not? Yy Q. —Did you ever walk on the veranda of tha hotel itself with your arm around the wais§ or upon the body of any woman? A.—Perhaps with my daughter, yes. Q—With any other woman? A.—No. Q.—Did you ever, late at night or at all during those years, during either of thos years, go ‘Mto the tower or any part of the tower of the hotel grounds with your arms or your arm around or upon any woman? A.—1 did not. Q. —Were you ever sitting in the grounds of the hotel at night with a woman when the witness Thomas Flaherty gnd & lady, or when any herson came into the sk the maze of A.—No. Q.—Were you aver there In the maze at any time at night with a woman other than your wife or daughter when there was nobody else present? A.—Alone? Certainly mnot. Q—Do you remember any occasion when you were present with any party in one of the cardrooms of the clubhouse when your brother Alex von Schroeder climbed out through the 100f to the roof of the bawling alley? A was Q—Will_you state the circumstances. o. A.—My brother, when other peopls were talking, other guests, jumped out of the win- dow to frighten them, as a joke. And it was most ridiculous when, ail at once. in the dark. his face appeared again and looked in the window, because nobody in the room thought there was & roof right near that window, as everybody can appreciate, If you go on the rcof and prepare to look with your face over the window sill. Q.—And that is what he ad? A.—That is what he did. And it made much merriment. Q—Mr. von Schroeder, you heard the testl- mcny of the witness John Bailey yesterday? A—1 aia Q. —Did any such occurre ever take place? A.—No. Q—He testified that at a point— Mr. Preston (interrupting)—Now he has an- swered the question. Mr. Delmas—He has answered your question. Mr. Maguire—Well, I want to be more spe- cific about it. He testified that at a point rortherly from the hotel, about a mile and a quarter from the hotel, he saw you in a com- Premistng position, which you heard him de- scribe, with a lady. Did any h occurrence ever fake place, there or anywhere clse? A.—It is a most villainous perjury! ce as testified to Q.—1It is not true? A.—It _is not true. Q —You heard the testimony of the witness Willlam H. Jewell? A.—Yes, sir. Q.—Did you, in the month of June or in the month of July, 1888, or at any time, return to the Hotal Rafael with a driving party, or w a divided party, In two carriages. meeting at the stable of the hotel, or mear the corner Bell avenue and Watt avenue, or anywhers near, when any woman of the party was drunk? A.—No. Q.—Or intoxicated? \X _No. Mr. Mr. DELMAS’ OFFER IS REJECTED Defendant's Counsel Willing to Submit the Case Without Argument. Magutre—You may take the witness. Delmas—We have no questions. Mr. Maguire of plaintiff’s counsel de- sired to offer in evidence the books of t Hotel Rafael to show that so far from the receipts falling off during 1588 and 1599 the receipts for 1808 had increased over 1897 and those of 1599 over 1808. Mr. Delmas asked if counsel knew of nis personal knowledge that they were tha hotel books. If so he could testify. In any case testimony would be demanded. Mr. Maguire sald the young lady boos- keeper would have v be called. Later he_decided not to take that trouble in order to get the bogks in evidence. The Baron Alexander was recalled to deny that there was any occasion in the clubhouse when he was present when a lady sat on his brother's knee. “The plaintiff rests,’ said Mr. Maguire. For the defendant Willlam Sales, a fur- niture dealer of San Ralael, was called for testimony in surrebuttal. He testified that the character of Willilam H. Jewell was good. He had sold aim furniture, took contracts for painting and decorating ac his house and had had considerable busi- ness with him. George J. Miller testified to having known Willlam H. Jewell for fifteen years. He knew his general reputation and to his knowledge it was good. Complacency Not Mutual. “That is all,” sald Mr. Cochrane of de- fendant’s counsel. “The defendant rests.’ Judge Angellott! saia: “I suppose it would be profitiess to-commence the ar- gument this evening, gentiemen? “If your Homor is ready to submit the case to the jury now we are,” announced Mr. Delmas. “What is _that?” asked Maguire. “If your Honor is ready to submit the case to the jury we are,” Delmas re- peated. “You are submitting with great com- placency,” said Maguire. “If you will join us in the complacency the jury may return to their homes to- night,” retorted Delmas. “That is a play,” Maguire said. “No, it is not a play, said Preston. “It is_an offer to submit the case. “That is & play to the gallery,” Maguire insisted. “I hardly think that is a proper re- mark,” Delmgs sald. “We are rdady t eubmit this case to the jury If your Honmer is ready to charge the jury. “Perhaps the court bad better take iha responsibility and say that it is not ready to charge the jury,” said Judge Ang lott! with a smile. “1 suggest that some arrangement be made this evening about the time for ar- gument so that the case may be closed to- morrow,” said Maguire. “We will not determine about ment of this mattes until we have what kind of an argument is preser and whether we care lo answer it or 0 Delmas sald. It is understood that Gallagher m the argument fur the plaintiff; ! chrane will follow with the ope argument for the defendant, and Maguire will close for the plain Delmas for the defendant. The co reconvene at 10:15 o'clock this mor EX-SUPERVISOR SMITH TENDERED A BANQUET Mission Residents Appreciate His Efforts in Securing Much- Needed Street Improvements. Ex-Supervisor E. J. Smith was tendered a banquet at Delmonico’s ‘:‘ \-Z T;:uf;:ly Helwig, Metzner, - evening by Messrs. e i v in apprec ger and Shaugnesey in ap! of Torinty- etn & u; the openin A S aat i-‘ntdr ggk:,,;‘;z:.‘:‘...? o> entlemen who "",:lrder\‘i of the neigh- r. Smith are all © borhoc ed, and until the opening cf zh.‘iul::::g:“o( the streets named the resic Jocality were put to con- TESldemts O ibie in Soing to and from ‘T&;T‘;fimw of speeches had been made at the banquet Mr. Smith was E’:n & Duaten safe of much value by his hosts as a token of regard. e ee———— g by Sacramento , residing at 1536 n?.'cf' :::“'un a severe accident last evening. While crossing Kearny street, o fron; of the Hall of Justice, he was ll.lmend down by an electric car. He was taken to the Receiving Hospital, where he 1 being held for observation. Though hav- ing but trifiing apparent injuries it is feared he is ously injured internally. ———————————— Donahue Found Guilty. a Patrick Dondhue was convicted of gr S larceny by & jury in Judge Lawler’s court . On the afternoon of J L'{‘%;ufl@mmu : Kale Dunn Shd valuable pepers: