The San Francisco Call. Newspaper, October 23, 1901, Page 12

THE SAN FRANCISCO CALL, WEDNESDAY, OCTOBER 23, 1901 WIENER MAKES oERI0U3 GHARGE Member of Clothing Firm Accuses His Partner of Dishonesty. Grave Allegation in Answer Filed in a Suit for Dissolution. Louis Wiener of the firm of Merzbach & Wiener, clothing manufacturers on San- me street, filed an answer and cros: nt yesterday to the suit for disso- of partnership instituted by his A r some time 2go. In the complaint ed by Merzbach he alleged that owing his partner's incompetency as a cutter and as a salesman the business was not ying. A short time after the filing of mplaint a receiver was appointed. took an inventory of the stock and for conducted the business of the He & time vor filed yesterday is a de- rges made by Merzbach, ! s cross-complaint contains many perious allegations against his partner. Wiener alleges that to the dishon- , fraud and connivance of Merzbach business owes its deterforation. He B at his partner sold goods under cost, substituted goods and changed the figures on the cost tags during the pro- gress of the stock-taking. He further al- leges that Merzbach, since January of this year, has used every endeavor to compel him 'to consent to & dissolution of co- partnership at terms that were not fair 10 him. He still further alleges that Merz- bach represented to him that he had $25,- 000 invested when, Wiener alleges, all ths he bad puf in the business did not unt to more than $9500. Wiener asks for damages, leaving the amount to the | dgment of the court. | BURGLARS ENTER SALOON BY DESCENDING ON ROPE Leave Traces of Their Handiwork on | Drawers, Partitions and Nickel- in-Slot Machines. Some time between midnight and 6| o'clock yesterday morning burglars en- a dorf, a saloon at 5 Taylor d a cash drawer and secured ickels and several hundred cigars. | de an attempt to break open a he-slot machine and also to eir way through a partition into v store of A. Aufrichtig ad- They were evidently frightened e completing their work. | J. Hedrick, the proprietor, | e in the morning he found | g from the roof through the < of wine and a bottle of ing on the pooitable. A | from a rear room counter, and a number of n from an adjoining found scattered on the police began their investiga- found that the burglars had | rance into the building ad- is being remodeled, taken themselves down to the Another. piece of rope was i passed through a skylight it was by this means trance and exit. The believe that it was nted with the place ted the burglary. haste to escape the burglars | a considerable sum of money orietor had concealed. ch pro ANOTHER SCHOOL FOUND [ | TO BE GREATLY CROWDED | Deputy Superintendent Kingsbury | Officially Inspects the Ever- \ ett Grammar. Superintendent of Schools | ry made an official inspection yes- | terday of the Everett Grammar School at | chez and Bixteenth streets and found | the classes in an overcrowded condition. In most of them there were not sufficient | desks to accommodate the pupils and every available inch of space in the rooms was taken up with the desks. In Miss Grim's class there were forty-| six pupils in what was once a lunchroom. | Nineteen desks were ranged along the sides against the blackboard, so that chil- dren were forced to reach over the desk to use the board. The desks were only fifteen inches apart. Similar conditions ed in Miss Lindberg’s class. In the g class there were fifty-five Miss Perl had fifty in an out- located in a store, ~with only n seats. The eighth grade had | ight pupils present and forty-six ts. The third grade has sixty-two en- rolled. The Park School has fifty-three a class comprising the third, pupils in ourth and fifth grades, and fifty-one in a class containing pupils of the first and second grades. In all likelthood 2 new class will be formed in the last | named scho e —— ELES GIVE WELCOME TO VISITING BROTHER Meade D. Detweiler of Pennsylvania to Be the Guest of San Fran- | cisco Lodge. | Meade D. Detweiler, past grand exalted | ruler of the Benevolent and Protective | Order of Elks, arrived in this city last | evening from Harrisburg, Pa. He was | met at Oakland mole by 2 delegation from | San Francisco Lodge No. 3, headed by | Exalted Ruler Dunne, and was accorded | come which is characteristic of | the organization of which he was once | the honored head and is still a much esteemed member. Detweller, who has | not been in San Francisco since shortly after the institution of Francisco Lodge, comes to California for & vaca- tion and also to renew old acquaintances made during his previous visit. He will stay in California for some time, during which he will pay visits to_a number of the lodges in the interior. While in this city he will be the guest of San Fran- cisco Lodge, which is making arrange- ments to give him a reception befitting his rank in the order. —_———— Drummer Awarded Damages. John F. Flynn, a drummer, who sued the Oregon Short Line Rallroad Company for $25,00 damages because & train in- spector refused to honor a ticket he had purchased and ejected him from a train at Ogden, was awarded $400 damages and costs of suit by a jury in Judge Hunt's court yesterday. : | | | ) | Congressmen | of the pleasantest. Delicious Cake Daiaty Pastries Fise Puddings Flaky Ceusts NEW WITNESS IN NOME CASES GIVES STARTLING TESTIMONY George V. Borchsenius, at One Time Clerk of Judge Noyes’ Court, Tells a Story of Judicial Dilatoriness and Piles Up Cumulative Evidence Agains t the Respondents and Their Cause X-MARSHAL VAWTER proved & the taking of testimony in [he“ Nome contempt cases was re-| sumed before Judge Heacock. Vawter tilted his chair on the hind legs, looked defiance at the respondents’ attor- | neys and drove McLaughlin to the ice water four times during the morning ses- | sion. it—sometimes so fast that even the court reporter threw his hands upward in de- | spair. The marshal had a grievance and | he didn’t care who knew it. | Vawter went into detail when he came | to the Jim Gaylen and Senator Carter | phase of the cases. He testified to relations with McKenzie Frost, and recit he came to over hear the con between Judge N and other parties, in which the good name of Circuit Court were categ ly con- demned. Much of Vawter’ stimony to the point without any mincing. But Vawter was not the only man on the stand yesterday. George V. Borch- | senius tock the witness chair during the afternoon. He was the clerk of the court | over which Noyes presided, but was re- moved later by Noye: Borchsenius re- ceived his appointment, according to b testimony, on account of the influence of | McKenzie. He did not, however, last long with the combination. At Beattle, where they all rested on their way to Nome, Borchsenius felt that he was in disfavor, and that they wanted to give him the| slip. His lifée was not a merry one at Nome—from his story—and his work nons | % Judges and is Day by day the attorneys drop more and more of their pristine courtesy, Am cus Curiae Pilisbury and Judge McLaug lin have now reached the state of super- heated politeness. well, but they are full of sarcasm and frony. Now and then they have a ml.‘ and then Judge McLaughlin drinks ice | water. Francis J. Heney, second to Mec- | Laughlin. is also in a warlike and argu- | | mentative mood. | The case of Joseph K. Wood came up | before the Circuit Court of Appeals at| the morning session, but the court re- | fused to pass sentence until the testimony was read. | Conversation of June, 1901. The morning session opened with a con. tinuation of Ex-Marshal Vawter's cross. examination by ~Attorney McLaughlin. | The first question propounded was; | ‘‘Referring now, Mr. Vawter, to the conver- sation you overheard in June 1891, in_ which | you said something about Judge Noyes' criti- cism_on Judge Ross, do you remember the date?” “It is either June 9 or June 16, It was either the day before or a week before I went to St. Michael. We were two weeks getting to St. Michael because we were stuck in the ice. We arrived in Nome on the 4th. I made the mem- orandum immediately upon my return to Nome. I made it in case I er asked about it, to specify the time exactly. ““Where was that talk held?" ““That talk was in Judge Noyes' chambers or the room adjoining the chambers. I think Bell was_present.” ‘“Where were you when you heard this?” “In my office, which adjoined Judge Noyes.’ I was about nine feet from the door between the rooms. 1 recognized Bell's voice besides that of Judge Noyes. There was nothing but a thin board partition between the rooms and I could hear plainly.” “You didn't put your ear to the wall, I sup- sir: never at any time.” ow have you related every conversation you have overheard concerning this matter and in which Judge Noyes figures?” 1 think I hav “DId_you state substantially all Mr. Frost said when he handed you that letter?" ““When he handed me that letter and told me I must swear in the posse comitatus and pre- vent these people from getting the gold dust he also said, ‘you must obey this court and never mind the other courts.’ ** Not in With the Gang. “When did you send your resignation to Senator Carter?"” think it was in October, 1900."" ‘Yesterday you testified that Mr. Gaylen had disappeared.”” es, 1 feared for his safety and was organ- a party to search for him."’ 'H'hen did he r!lurén‘.’" q o e went to see Senator Carter and cam back in September.” % ““When did_you forward your resignation?* “Soon after Gaylen’s return.’” “‘Then you sent a second part of your resig- nation, did you not?”’ “‘About fifteen days after I withdrew my res- ignation.” “‘Notwithstanding that BSenator Carter did send in your resignation?” It seems so0. *Did you talk with Gaylen after his return?” hostile. witness yesterday when | & He had his story to tell and he told | g; 4 | to, make 2 raid on me."” | maki Their remarks sound | atol “"Yes, and he said that I was not in with the ang and I must resign.'” *‘Did you find out that Frost had filed charges against you?" 2 some time after—I think it was in Oc- Charges Against Vawter. McLaughlin switched his line of inter- rogation at this point and began o cross- tobe: | examination of Vawter un the differences at arose betwecn the witness on one side and Judge Noyes and C. E. S. Frost on the otker. “Did you connect Judge Noyes with the charges filed against you in Washington?’ “‘Noyes sent Frost to George Lekely. Frost | sa1d to Lekely that Noyes wanted to find out something against me in order to get me out of the way. I knew these things were going on and had been informed that they were trying id you rely on Lekely “Yes, 1 think he was all, right. He was ap- pointed at the instance of Senator Carter.” “When did you first learn that they were ng a rald on you?”’ yme time in October, but I-couldn’t believe it at first. I believed it when Jim Gaylen got back from Senator Carter.’ “When did Lekely inform you that Frost ap- proached him?"" STt ed s0." Do remember having a conversation you about this time in relation to an offer of money in the Jersey Hotel when Judge Noyes and Frost and Wood were present?’ “That was in reference to a conversation I had with another man. I don’t know about Wood being present.” Do you remember knowing at that time that the defendant in these mining suits had made an application to discharge Receiver McKen- 2 , Bir." Did you not have another conversation in front of the Golden Gate Hotel with Judge Noyes that if he would discharge orders of re- ceivership for McKenzle that it would be worth 20,000 to him?"* ‘No, sir,”” flashed the witness at his interrog- “Did you mention that he would get any- thing at all?” “1 did mot.” “Did you mention anything about benefits?’ T did not.” ‘A short time after that did you meet Frost on the street and did he not tell you that Judge Noyes complained about the talk and did you not say you were sorry that Noyes took it se- riously 7’ “No, sir. I said that was a damn lle and that if the Judge said I offered him money he | was not telling the truth.” Do you recollect the next day that Judge Noyes was passing a_house that you were fix- ing, ‘nutty’ should not say would be a good officer thereafter?” “‘No, sir; that's made out of whole cloth. I never had such a conversation. I told him once that I didn’t want to get in a fight with him and that our offices ought to harmonize.' +About the Bribe Offer. “On the next day did you, Wood, Frost and Noyes meet in the Jersey Hotel and discuss th matters?"’ ‘We discussed what a certain fellow had said to me on the street.” anything about it and that you “Did you in the course of that conversation. state that you heard he could get $20,000 1f Mc- Kenzie was discharged; that you didn’t think he would take it seriously and that you hoped he would not let it go further?" o sir. I did not say that even in sub- id you give Frost the name of the man who would furnish the money 7"’ ‘The man 1 suppose you refer to hasn't 15 cents.”” “Did these mien have nothing to do with resignation?"’ o, sir.”’ id not Gaylen state to you In substance that there was a charge filed against you in Washington on account of this very offer of $20,000 and that this was the reason of the demand of the resignation?’ “I saw a letter from Gaylen, written by Carter, in which it was stated that unless I resigned 1 would be summarily discharged.” “Was there anything like the conversation I pictured at the hotel?”” 0, nothing like it. Many times Judge Noyes and I had frlendly confidential talks. He would come to me with anonymous letters and say his life was threatened. I offered him the protection of my deputies.” “Did_you not avow that you would get ven with Noyes after your resignation?” No, sir.” “Did you not say a few days ago in the lob- by of the Palace Hotel that you wanted the opportunity of saying Judge Noyes was a lar?” “I_don’t remember it.”” “When did the defendants dust and when did you get it 0,77 * have the gold Jersey Hotel Talk. LoiDifl yom profer . chiarges. sgatust Frost in ‘Yes, sir.” “Did you not prefer charges against Judge Noyes?’ ““Yes; charges of blackmailing, and filed af- fidavits with them.” McLaughlin went back to the Jersey Hotel conversation and got this explana- tion from the witness: “I told him that this man came to me and said if he could get the recelver djscharged he could make a lot of money. I 'told him that he couldn’t approach Judge Noyes and the man left. I told Judge Noyes, because I was in_the habit of teliing him whitever hap- peped.’ Fecelver? What claim? Who was “What the man T don’'t know what recelver, but his name was May—sometime: onel because he wore a plug hat.’” “Did you ever see May after that “T saw him in September in Washington, where I think he lives. He's a real estate man.” Here ended the cross-examination. Pillsbury then took up the re-examina- tion. ‘‘Was there any thought that you attempted to bribe Judge Noyes?'’ ““Well, Frost seems to think so.’’ what claim, called col- ‘“Was that letter received from Judge Noyes after ar before the conversation in the Jersey Hotel?* “The conversation about May took place in August, 1900, some time before the writs of supersedeas arrived.’ “I want you to state whether you had any other purpose than friendliness to Judge Noyes when you stated that conversation?" ‘‘No other. He didn’t think anything about money at that time.” End of Vawter. 1 At the beginning of the affernocn ses- sfon in response to an interrogation by the amicus curiae Vawter sald he was 4 + = LAWYER McLAUGHLIN CROSS- EXAMINING EX-U. 8. MAR- SHAL VAWTER, 5 A 3 Visited by Judgze Noyes and Frost after the iiling of ‘the charge against himself and both said they were sorry for it. | Then the friend of the court came back to Gaylen, Senator Carter’s nephew. “‘What did Gaylen say?” “‘He sald I balled theawhole thing up and Carter would be very sore over it. Then I missed him and wanted to get a posse comi- tatus to search for him, fearing that he was foully dealt with. When Gaylen came back from his trip to Senator Carter he said, ‘I | have seen Noyes and Frost and both want you removed.' He went ovt to see Carter and an attorney for these cases.’” ““What were the relations between Judge Noyes and Mr. Frost the time these writs ar- rived there?’ “Very thick.” Vawter then told at the instigation of Pillsbury how Frost came to him and asked for a deputy to do some detective | work. He got the deputy, one McLain | by name, but his bills were paid by Judge Noyes. The re-examination was short. Then McLaughlin had his opportunity again. “You gay you were agked to appoint L. D. McLain Deputy Marshal to do detective work by Frost, and you afterward learned that he was engaged to spy upon the defendant's at- torneys in the mining clatms cases?’ “Yes, sir.”’ “You sald he was pald on an order from Judge Noyes?'' ‘“‘Yes, sir. He was paid as a detective, and not as a Marshal.” McLaughlin wanted to prod the witness with personal questions then and said: ““‘How much money did you get to pay your expenses to come here?”’ “T have not been pald any money; I never asked any.” Borchsenius on Deck. Vawter left the stand and the amicus curiae called for George V. Borchsenius, | clerk of the court at Nome. He also had a grievance and he told it without much | coaxing or urging. Borchsenius went into | Nome with McKenzie, Judge Noyes, Dickey and a number of others who have | since arrayed thmselves on one side or the other of this case. “When did you learn of any proceedings be- | ing commenced in reference to receiverships,’ | asked Pillsbury. - ““On the evening of July 23 T went with Mr. | Stenges to Judge Noyes' office and found the papers appointing McKenzie on Judge Noves' | desk. T also found Mr. Dickey there, and he | sald Judge Noyes left them about § o'clock. | They were not file-marked at that time. I | think Dickey filed them after.’” :D1d you see a complaint in the cases?’ “No, I did not. If there was, it was filed afterward.” “Did Judge Noves say anything to you about going to St. Michael 7" “‘Yes; shortly after we came, but I wanted to be on the mining ground and refused to ot Was there any change in his manner to you when you got to Nome?’ “Yes, altogether different were in Washington.”” Then the witness of his own accord of- | fered.some enlightenment. ““They seemed to be anxious to keep me in | ignorance of when and how they would leave | Seattle for Nome.” “Did_you have any talk with McKenzle after the receiverships were bestowed?”’ inter- rogated Pllisbury a few moments later, receiv- ing a positive answer. “Did you go to St. Michael?"’ | ‘‘Yes,"in September for a speclal term of court there.” “Did you hear Judge Noyes say anything about the writs there?” “Yes, he said he did not talked ‘elightingly of them.” Delayed the Transcript. Then the line of questions of the amicus curiae was devoted to the preparation of the transcripts or a record of the proceed- ings in the five cases which were to be appealed to the Circuit Court. John T. Reed, a deputy clerk of the court, had the work in hand and according to the testi- mony of Borchsenius delayed the prepara- tion of the papers in an attempt to miss the last boat of the season. Borchsenius said in answer to one of Pillabury’s questions: ‘‘Mr. Reed had charge of the making of the transcripts and he so delayed it that I was afra{d that we would not get them out on the last boat to send to the Cireuit Court of Ap- peale.” ‘What reasons did Noyes give for the inter- ference in the making of the transcripts?”’ ‘“None whatever.” Another Blow at Noyes. - Borchsenius gave testimony on other pe- culiar methods of doing business then in vogue in Judge Noyes' court and made a statement concerning the calling of a grand jury: ‘In January or February, 1901, Judge Noyes advised me to call a Grand Jury. oy put in a list of 300 names and Joseph K. Wood and John T. Reed selected twenty-three of them. The following day Judge Noyes handed me twenty-three names, saying that he wanted them as a Grand Jury, as it was the custom in the States to appoint in that manner. Borchsenius further testified that he did not wish to pay the bills that McLain, Carroll and Carson put in for detective service, but was ordered to do so. Also that he complained of Deputy Clerk John T. Reed for the manner in which he drew juries and that he received fees, but g}ldge Noyes would pay no attention to m. from when we Jnow Compton and The cross-examination of Borchsenius ‘was undertaken by McLaughlin. “I think I heard you eay that Mr. McKenzie had secured transportation for the whole party, did_you not?"’ 'So I was informed.” “Did you complain to Judge Noyes of Reed's delay in the preparation of the papers?’ ‘No, sir. I didn’t think it would do any ad you done ust started e Anvthing on the transcript?” tion followed and nothing more of any After that a desultory cross-examina- || afa HUSBAND la VERY GRUEL Mrs. Bowhay Files a Sensational Divorce * Complaint. Asks for Oustody of Their Children and Proper Support. Margaret May Bowhay, wife of Leon- ard Bowhay, the proprietor of a ladies’ tafloring parlor at 516 Sutter street. com- menced divorce proceedings yesterday against her husband. In her complaint she alleges that for fourteen years her husband has treated her in a harsh, brutal and inhuman manner. She asks the court to grant her a decree, award her the custody of their four children, allow her §750 a month alimony and for an order restraining her husband from forcing an entrance to the Bowhay home at 40 Twenty-second avenue. Mrs. Bowhay alleges in her complaint that August 10, 1887, she married Bowhay, who at that time was in her employ in the ladies’ tailoring establishment at 41 Post street. Within a few days after the marriage, Mrs. Bowhay alleges, her husband assumed the management of her business and in adadition to compelling her to work for him commenced a course of cruel treatment. On one occasion, Mrs. Bowhay alleges, her husband locked her in the sitting-room at the talloring par- lors ‘and held her prisoner for several hours. She further alleges that her hus- band compelled her to sleep on a cot at the store and that he compelled her to remaln at work up to within a few days of the birth of her eldest child. Ten days after the child was born he made her leave her bed and return to her place in the store. While she was seriously ill in 1893, Mrs. Bowhay alleges, her husband boasted that while she was sick he was spending his time with other women, tak- ing them to theaters and buying them flowers. She remonstrated with him, she alleges, and he cursed her and struck her, thereby making her illness much more serious. Among the many other acts of cruelty which Mrs. Bowhay alleges her husband to be guilty of are: Using pro- fane and vulgar language toward her in the presence of their children; compelling his stepson, her son by a former marriage, to eat in the kitchen; compelling her to practice the strictest economy and making her such a small allowance that she was often harassed by creditors. Mrs. Bowhay also alleges that her hus- band spends $1000 per month in a riotous and extravagant manner and that out of the tailoring business, which, she claims, yields a profit of §1500 monthly, she re- ceives only $250. On October 19 of this vear, she alleges, while she was ill at home, Bowhay called and demanded to see her. She re- fused to see him and thereupon he seized one of the children and endeavored to drag it from the house. CHEAPEST TRIP OF ALL TO MCONTEREY—SANTA CRUZ. For two dollars you can take a fine Oc- tober trip to the seaside Sunday, 27th. Monterey excursion leaves Third and Townsend streets 7:30 a. m., and Santa Cruz, via narrow-gauge ferr: 5 a. m. Five hours at seaside. —_——— Sister of President of Salvador. Mrs. Luz de Reyes, sister of President Tomas Regalada of Salvador, arrived here yesterday and is at the Occidental. Her husband is a delegate from Balvador to the Pan-American Congress in the City of Mexico and she is going there to join him and attend the convention. —_————— Special Rates For side rides to points on the Santa Fe. Open to holders of Episcopal Church Con- vention tickets, friends accompanying and holders of nine months’ excursion tickets. Dates of sale, September 23 to November 10, inclusive. Limit 30 days. For timetables, descriptive literature and full_information call at Santa Fe offices, €41 Market st., and ferry depot. _— e————— Henke Sues Railway Company. C. C. Henke is suing the Market-street Raflway Company for $10,060 damages for injuries which, he alleges, he received September 2, 191, on Market street thrqugh the sudden starting of a car he was attempting to board. —_—ee———— Why experiment with other brands when you | can get Jesse Moore Whiskey at all times and places? - e Ladewig Ordered to Maintain Child. An order was issued by Judge Seawell | yesterday directing Arthur E. Ladewig to pay $25 a month to Adrienne E. Ladewisg, from whom he procured a divorce a short ime ago, for the support of their twos year-old child. e e e o] consequence was educed. The case will go on to-day at 10 o'clock. NOME COURT IS WELL RUN. SEATTLE, Oct. 22.—According to Judge H. A. Day, who has arrived from Nome, the immense accumulation of legal com- plications in Nome has been untangled and is not likely to again assume a threat- ening aspect to the country. Credit for the relieved situation Judge Day gives to Judge James Wickersham, who 1s tem- porarily filling the place of Judge Arthur H: Noyes. “Since Judge Wickersham has assumed control,” said Judge Day, ‘‘he has taken up and rendered decisions in all cases where a question of law was involved. The court docket is practically cleaned up and the Judge announced that he would | hold a term of court beginning October 7 witl. jury service.. The cases set for trial are to be peremptorily disposed of. The fact of the matter is that Judge ‘Wickersham has untangled the badly mixed court calendar and by his severely upright, judicial demeanor has gained the respect and regard of all. If he takes a case under advisement as a rule he renders a decision the next day. “Judge Wickersham's executive ability is something unusual. There is a much more settled feeling exhibited since the people saw.that he was able and intended to be arbitrator in fact as well as in name. “One rule of Judge Wickersham is to allow no lawyer to secure aprivate order. That was brought about owing to the pe- culiar position of affairs previously. Nor does he allow lawyers to reach intimate terms with him. Still another rule pro- mulgated was to the effect that jury ser- vice within a year was sufficient cause for a challenge on a second call to serve.” Avvesmsmwmwrs X We call particular attention to. our display this week of FincWhite and Colored Blan- These Blankels arc Kels. made [o our special order and on examination will be found the best values ever offered by us. SPECIMEN VALUES: 5 cases White All-Wool Blankets for single beds. $3.75. Pair. % cases White All-Wool Blankets for three- quarter beds. $4.25 Pair. 7 cases White All-Wool Blankets for full-size $5.00 Pair. 5 cases Extra Large White Satin Finish Bed Spreads, hemmed readu for use. $2.50 Each. 10 cases Full Size Printed Silkoline Comfort- beds. ers, with pure snow flake filling- $1.25 Each. Best Brands of Sheeting, Pillow Case Cotton and Made Sheets and Pillow Cases at less than present mill prices. CCrmeys WORPOR - 1892 o, u3. us, n7, 19. 121 POST STREET, BLOOD 15 SHED UNDER THE FLAG Lloyd Spencer and Harry Thomas Wipe Out Insults. Blood has been shed under the shadow of the Custom-house flag. It flowed yes- | terday during the progress of a fist fight, the principals being Harry Thomas, a popular Custom-house broker, and Lloyd Spencer, messenger in the office of First Deputy Farley. It is an admitted state of facts that Mr. Thomas went to Deputy Farley's desk to have some papers signed, and, Mr. Far- ley being temporarily absent, Mr. Thomas expressed his displeasure. Messenger Spencer took exception to the remark, and from this point the admitted state of facts diverges into two statements, one being that Thomas applied an insulting name to Spencer, and the other that Spencer called Thomas a_llar and that Thomas resented it in words the opposite of soothing. When Thomas left the desk both parties were at white heat. Thomas and Spencer met on the steps of the Custom-house after lunch, and Spencer peremptorily demanded an apoi- ogy. Thomas refused, and the gage of battle was resorted to. Both pricipals, with several friends, immediately repaired to Oregon street, a cul de sac beginning on Battery street, opposite the Custom- house and running about half a block until intercepted by a fruit-packing estab- lishment. Between an ale house and the fruit house the crowd piled a barricade of empty boxes to cut off the view from the main street, and Thomas and Spen- cer, peeling of thelr coats and vests, sailed into each other with much gritting of teeth and many grunts between blows. Two rounds were fought, at the end of which period both combatants, bleeding and breathless, were separated by the spectators and honor was adjudged to have been satisfled. The end of the bat- tle was hastened by a report that the British and Italian Consuls, whose win- dows overlook Oregon street, had sent special messengers for squads of marines from English and Itallan men of war to stop the gory contest. Petitions in Insolvency. Petitions in_insolvency were filed yes- terday in the United States District Court as follows: John Q. Ackerman, carpen- ter, Towa Hill, Habilities $830 35, no assets: C.'F. Dameron, farmer, Madison, Yolo County, labilities $13,35, no assets: Bd- ward Goepel, Sacramento City, plumber, liabilities $399 34, assets $40 50. BED CLOSED. furnished completely. SPECIAL 20°¢° DISCOUNT Don't miss this opportunity—must make BED OPEN. Cheapest and Best Folding Bed onEarth. Call and examine. g“gR e?J\SHt flolr a slhosrt].a time on legan ne of DR SUITS, CHIFFONIERS, S?DOx BOARDS T TABLES and DRESSING room for our new goods. Houses CASH OR CREDIT. KRAGEN FURNITURE CO. TELEPHONE SOUTH 371, 1015-1017 Market St., Opp. Taylor. | . | 'PORK AND BEAN \BUTTE "Phone Howard 1021 119 TAYLOR STREET. ICED LEMONADE SERVED FREE DUR- ING HOT WEATHER. PATE DE FOIE GRAS, TIN 20e. BUTTER Fancy creamery, 35(: square First-class table butter. None sold to dealers. Wednesday and Saturday. PINK SALMON, 3 TINS 25e. Good ~ California ranch; EGES oz O —_QUEEN OLIVES, QUART 20e. 4 Very best Java and ){° COFFEE Mocha. Pound.. ))c Reduction in price, in quality. Regular 35ec. 3 TINS BEST SHRIMPS 23e. Java and Mocha [ COFFE “Broken.” 3 pounds. DOC Best value in town. Pound 20c. Always special at Faber's. GRAHAM CAKES, POUND 10e. Imperfal. 35¢ tin " of COCOA Ghirardelli's; highest 2)C type of digestible cocoa. GINGER SNAPS, POUND 10e. Kuner's [ best. Tin y( Price cut in half; 1 dozen lmit. Usually c. LUNCH TONGUE, TIN 20e¢. 20c Worth 30c. Elgin creamery. Pound. Cut in squares. No limit on Thursday. BYTHINIA WATER, BOTTLE 20e. Smooth, rich table wine. AR Eallon(.., e e 38(: OWes! possible rice. Regular 65c. T HOLLAND GIN, %c bottle K Jesse Moore AA, Old Gov- ernment, Old Crow, Mono- gram, Old Hermitage. 7- D e e sk i 190 Quart bottles....... MORE MONEY GIVEN AWAY. (not for grocers) leavi Sy o rockm ng orders Saturday 11 o’clock. Two dollars or over. Took over 500 orders last sale. LAS KIDNEY & LIVER 'S B - BITTERS A PLEASANT LAXATIVE NOT . INFOXICATING BRUSHEShaum billlard tables, brewers, bookbinders, candy-makers, canners, dyers, flourmills, foundries, laundries, paper- hangers, printers, painters, shoe factories, stablemen, tar-roofers, tanners, talors, ete, BUCHANAN BROS., Brush Manufacturers, 609 Sacramento St W. T. HESS, NOTARY PUBLIC AND ATTORNEY-AT-LAW, Tenth Floor. Room 1015, Claus Preckels Bldg. FOR BARBERS, BAK- ers, bootblacks, bath- Residence, ifornia st., Residence Telephone Tames 155" *' PERMANENTLY CURED. No surger, S prominent business men suur ug | 2MeS o e s 8 B a3 reference. 50 PHYSICIAN, box 1950. Cali office. Sddress T