The San Francisco Call. Newspaper, November 28, 1901, Page 12

12 @ SEAWELL HOLDS AGAINST DUPRAT Says Fish Commissioners Have Right to Seize Quail Pronounces Game Preserva- tion Statutes Consti- tutional. The two suits of L. Duprat against the Board of Fish Commissioners were de- cided by Judge Seawell yesterday. The court sustained the demurrers to both suits interposed by the board. About a month ago Duprat, who iIs a desler in game in the California Market, commenced two suits in the Superior Court against the Board of Fish Commis- sioners and certain deputies. One of the cases was a suit at l]aw on behalf of Du- prat for $505 damages for the seizure of twenty-five quail; the other suit was in| equity, alleging that the seizure by | deputies of the commission of quail and | ducks in transit was unlawful and that | the law for the protection of game was unconstitutional. Judge Seawell at that| time issued ap order that the commission | and its deputies show cause why an in- Junction should not issue to restrain the deputies of the commission from seizing such quail and ducks without a search | ‘warrant. 3 On behalf of the commission and its | deputies demurrers and affidavits filed, claiming that the court had no juris- | diction to interfere in the subject matter | of the actions, because the game was seized by the deputies as public officers the execution of the State laws for the | ervation of game, and that the game | werer pr seized was being shipped for the purpose | of sale, contrary to law. | Last Friday the matters were argued | before Judge Seawell and this morning he rendered his decisions in the cases. In | the suit for damages against the commis- | sion and its deputies he sustained the de- murrers upon the ground that the court had no jurisdiction of the subject matter of the action. In the equity suit for an| injunction he sustained the demurrers up- | on the grounds that the laws for the preservation of game are constitutional, and therefore that an injunction could not issue to restrain the deputies of the com- mission from the execution of such laws for the preservation of game. He also discharged the order for an injunction; | and thus it has been determined by this decision that the commission and its dep- uties cannot be prevented from seizing | without a search warrant game which is being shipped for the purpose of evading the laws of the State Ohio Society of California. The entertainment to have been given at Native Sons’ Hall next Saturday night | o Society of California has beern | owing to the death of General | M. Gleaves, president of the so- | | | | | i { OUT OF MONEY | D. Appelbum Wanted to | Answer a Charge of Felony. etta Jones, 404 Golden Gate red a warrant in Judge Ca- | sterday for the arrest of a charge of obtain- The pret. comp that Appelbum r pelbum, who is about about three years,” shment at 111 h in Appelbum | g him money the amount ag sold out to my left e returned to a m arrested and pun- | his dupiicity I took no notes | im for money advanced, as I trust- ed Detective Cody has been detailed to find Appelbum If he is in the city. | ADVERTISEMINTS. Diabetes and | Bright’s Disease Interview With Edward Short of the San Francisco Call. Mr. Edward Short, connected with the | business department of the San Francisco | Call, interviewed: Q.—You are reported to have been cured | of diabetes? A.—That is right. Q.—Are you sure it was diabetes? A.—I was rejected for insurance, and later failing rapidly, our physician told me I had diabetes and to put my affairs in shape Q—Have more than one physiclan? A I had another confirm it. He, too, said I could not live long. I had dropped from 200 to 135 pounds and was | very weak. A neighbor told me of the ton Compound. | Q.—How Jong Gid you have to take it? | —About & year before I was perfectly | ians then test for| | A.—Both did. Both reported normal. | They were very greatly surprised at my | recovery, for they had told me diabetes | was inctrable. | Q.—Know of any other cures? [ A.—Several. 1 told my friend, William an 8. P. conductor of Stockton, | T He had diabetes and was abouf | to give up his position when I told him. | He got the same results 1 did and was | well when killed & year or so later. Q.—Any others? | A.—1 told William Hawkins of the Cus- tom-house and Captain Hubbard of the | barkentine 8. N. Castle upon hearing they | had diabetes. Both of \fiem were cures. | I also told a neighbor who had dropsy. In 2 month it was ; recollect all I've told. Q—Did it fail in any case? —Not one. It is a positive cure in| Bright's_disease and diabetes. Go aver | and see Hawkins and he will tell you the | same thing. (Note—Mr. Short is not only conserva- tive but scrupulously honest and consci- | entfous, as inquirers will learn at The | 11 office.) edical works declare chronic Bright's Siscase and diabetes incurable, but 8 pes | cent of all cases recover under the Ful-| ton Compounds, and the cure and recov- | ering are in every ward in this city. Send 1 for free descriptive pamphlet to John J. Fulton Co., 420 Montgomery street. | girl the butt of a eliminated. 1-can't|9f - e EVERAL witnesses were called yesterday in the Wilson murder trial before Judge Dunne, but the facts they testified to were few | and in the most part cumulative. During the morning session two young | girls, playmates of murdered Maggle Hartwell, took the stand and. despite their youthfulness told steady stories of | the fatal Fourth of July night on Shipley | street. Ba Geghen was the first witness of the day. He was standing near the railing of the fence in front of his house on Ship- | ley street and saw the children playing | in the street. According to his testimony, | & flash of fire seemed to come from the | right hand of Wilson and Maggle Hart- | well immediately dropped to. the ground. Lily Hollman saw the flash of the pistol s THE SAN FRANCISCO CALL, THURSDAY, NOVEMBER 28, PROSECUTION CLOSES AGAINST EX-POLICEMAN WILSON Former Playmates of Maggie Hartwell, Who ‘Was Murdered on Fourth of July Night, Give Testimony Tending to Fasten the Crime Upon the Accused—Defense Will Open To-Morrow — ot TWO PLAYMATES OF MAGGIE HARTWELL, WHO TESTIFIED YESTERDAY MORNING AS TO FACTS SUR- ROUNDING THE SHOOTING ON:THE NIGHT OF THE FOURTH OF JULY, AND ON ACCOUNT OF WHICH ~ R. G. WILSON IS CHARGED WITH MURDER. 5 and heard the report. the report of a pistol,” she said, “and! not like any kind of a firecracker.” She also testified that Wilson had come down from the porch of his house an hour_be- fore Maggie Hartwell was shot. ‘“Just before the shooting I'saw Mr. Wilson leaning on the post with his right hand flat on the top of it,” sald the witness. Laura Chessman Testifies. But of all the youthful witnesses Laura Chessman was_the most positive In her answers. With fluffy flaxen hair on both sides of her face and dressed In her Sunday best, Laura went at testi- “It sounded like | meny giving as if it were an every-day habit with her. The cross-examination aid mot worry her in the least. During the dav she had seen Wilson on several occasions. Once he was coming down the street from the grocery with a can that looked like the condensed milk va- riety in his left hand. His right hand was in the pocket of his short cardigan jacket, which was pulled downward in the front and upward in the back, so that it disclosed what seemed to the young pistol in Wilson’s hip pocket. On cross-examination the wit- ness was sure that it was a pistol. “My brother dropped a firecracker out | of his pocket,” said the witness in course | of her examination, “and just as ‘he| stooped to pick it up I heard a .ringing| noise, different from that of a firecracker, and Maggle doubled up and fell to the ground. Previous to this I saw Mr. Wil- son come down from the porch to the street and place his right hand flat on the post.”” T. I Fitzpatrick, who is in the Dis- trict Attorney’s office, testified as to a conversation withthe murdered girl in the Receiving Hospital on the night of the Fourth. He said: I first asked her where she lived. In regard to the shooting I asked ner who fired the shot, and she said: “‘Mr. ilson.” 1 asked her if she could identify him. She then looked at ‘Wilson and said: ‘‘Yes, the man with the white hat.”” Wilson did not say anything.at this time. Saw Wilson Wave the Gun. Mrs. Anna Chessman, the mother of Laura, gave testimony as to Wilson's posgession of a pistol. She says that he was on the porch brandishing a pistol and revolvlng the cylinder some time in the nelghborhood of 6:30 o’clock, and that Miss Johnson was with him. Willie O'Neill came on the stand after Mrs. Chessman. He saw both Mrs. Chess- man_at _her window and Wiison on his porch. Wilson flourished a pistol and aimed it down the street somewhere in ‘Willie’s_direction. “I screwed behind O’Brien’s fence as fast as_I could,” said Willie. This was before Willie’s supper hour. Willle came back to play later on in the evening. ‘hen he saw Wilson on the porch he said he was alone. The case for the prosecution closed with testimony from the officers of the law. Policemen Eskew and Beaman and De- tective Wren went upon the stand in suc- cession and - made statements of facts concerning the arrest and their actions in searching the house. Wilson, when asked by Eskew if he had a pistol, replied in the negative. Returning. to the Wilson house Eskew made a search for a pistol, being directed to the basement by _Mrs. ilson, who said that her husband formerly owned a istol and that she thought it was in the asement. The pistol, a.38-caliber Colt's, was found in a box containing scrap iron on the left hand side of the door in the. basement. Three of the chambers were loaded, one was empty and the other two had empty cartridges which bore evi- dence of havmfi been recently used. At the Receivin ospital Wren and Eskew asked the defendant if the pistol was his. He said it was, according to Eskew'’s tes- timony. They then asked him about the cartridges, and Wilson admitted that he fired cne shot at the fence at the end of the street about 7:30 o’clock, but had no recollection of the other. The prosecution has finished its case. On Friday morning at 10 o’clock the de- fense will be begun. MILITARY LAW-BREAKERS GET SEVERE PUNISHMENT Two Deserters Sentenced to Dishon- orable Discharge and Imprison- ment at Alcatraz Island. The sentence of the general court-mar- tial now in session at the Presidio that Willlam H. Chamberlain, private of the Eighteenth Battery, Field Artillery, be imprisoned one year at Alcatraz and dis- honorably discharged from the service of the United States was approved yester- day by the department commander. Chamberlain’s offense was breaking ar- rest and desertion. Patrick M. Sweeney the same organization, convicted of a like violafion of military ‘regulations, re- ceived a similar sentence. Corporal Henry Acker, found guilty of drunkenness on guard, was sentenced to pay a fine of $60, six months in prison and reduction to the ranks, Lieutenant John A. Murtagh of ithe medical department has been ordered to New York to sail on the transport Bu- ford for the Philippines January 15, 1902. Captain Americus Mitchell has been as- signed to the discharge and detention camps on Angel Island, and Captain W. B. Summerall, assistant surgeon, has re- ported at headquarters and been attached to_the general hospital at the Presidio. Four companies of the coast artillery, accompanied by the artillery corps b:;x, and under the command of Major B..H. Randolph, were out on dress parade yes- terday. 'his was the first appearance of soldiers at the Presidio in the dress uni- form for many months. - —_— e ——— Richard Pahl, 324 Kearny Street. For over twenty-five yvears Mr. Richard Pahl, a German shoemaker, selling the Douglas and other celebrated makes of shoes, has now retired, selling his entire stock to H. H. Chase, who will dispose of it in a very short time. The sale of | these shoes will commence Saturday and last just thirty days. Store to let and fixtures for sale. Possession of premises will be given on Dec. 31, 1301 To start this great shoe sale going on Saturday will sell 2000 pairs of men’s and women's shoes, all worth $350, for $165. The $20,000 stock of shoes will go at Pu'hl's shoe sale, 824 Kearny street, near Bush. - e Insane People Sued. Attorney General Tirey L. Ford filed two suits yesterday against inmates of the asylums for the insane at Stockton and at Napa. He seeks to recover $840 each from Emanuello Dosso, confined at Napa, and_Caspar Staehle, confined at Stockton. He claims they owe the State this money for care and maintenance. — e———— Jerse Moore Whiskeys are famous the world over for purity and flavor as well as for all the other qualities thet make good whiskey. * ENJOYABLE EVENING FOR PUBLIC CHARGES Kindly Disposed Young People Plan a Thanksgiving Entertainment at the Poor Farm. A number of young ladles, headed by Miss Lilllan M. Quinn, have arranged to give an entertainment at the Poor Farm to-night in order to make the holiday a pleasant one for the unfortunate public charges.. After the dinner, which is furnished by the city, a farce entitled “The First Time” will be presented by the young people. Those who will take part are Miss Mary J. Inglis, Miss B. M. McKay, Miss Lillian M. Quinn, Frank Scully and Walter Radius. At the close of the phf' a pleasing programme of specialties will be presented, embracing readings, recita- tlons and vocal and instrumental music. The visitors will mingle with the inmates of the institution and endeavor to make the occasion an enjoyable one. —_—————— More of Them. Another large shipment of our superior ‘gold-plated clocks, candelabra, candle- sticks, ' candle vases, ornaments, etc. E:;l; 1meoed 'wl;runtgedbtor fl%llll;. &wnrk- an 3 2 TUL Market strest o ® ! School sent a communication, expressing ‘company with the Immigration Commis- Plath. 1901. SCHOOL BOARD RESCINDS RULE Priority of Service No Longer Observed in Appointments. Teacher Zimmerman to Stand ‘ Trial on Charge of Incompetency. —_— The Board of Education made another and final attack on the chronological order in the appointment of teachers yes- terday by repealing a resolution adopted September 26, 1900, requiring assignments from the day substitute and evening eligible lists to be made chronologically. All orders and resolutions requiring as- signments of teachers to vacancies, to be made in such order were also repealed. This will enable the board to select in- discriminately from their-eligible lists in making assignments to regular positions and puts the *‘priority service rule” under the ban. The board adopted a resolution fixing Monday, December 2, as the date for the trial of William Zimmerman, on charges preférred by Principal Bush of the Poly- technic School. This action was taken at Zimmerman's request. | The pupils of, the Polytechnic High regret that their conduct had prompted | Principal Bush to prefer charges of in- | competency against Zimmerman. The pupils petition the board to overlook the complaint and promise to maintain the strictest. order in the future and help to Clevate the standard of the German class. Peter T. Riley was assigned to the Humboldt Evening School, vice A. J. Dannenbaum, on leave. Miss Belle Croyland, now substituting in the Girls’ High School, was elected a regular teacher in the Girls’ High School, subject to the two years' probation. * Leaves of absence were granted to Miss Helenr D. Conlon, Miss Margaret Lahaney, Miss E. Macdonald and A. J. Dannenbaum. Miss McKinney gave notice that she would accept her assignment to the eligible list_only under protest and peti- tions that she be reinstated as teacher in the John Swett School. Superintendent Webster gave notice of an amendment to rule 8, to read as fol- lows: Teachers desiring to be absent from duty mustgive notice thereof to the board, stating the cause and duration of such absence. Such notification, made upon offictal blanks, and ap- proved by ‘the principal, must be sent to th» secretary for consideration by the board. In cases of sickness, or other emergency, teachers may absent themselves temporarily without permission for a term not to exceed one day; but such teachers must, upon returning to duty, give notice thercof in’the manner above pro- vided. Teachers absent from duty without such notice and approval must be reported at once by the principal to the secretary, who shall report the same to the board. L e e e S e e ol ) ANARCHISTS MAY ~ BE DAIEN 00T Immigration Laws to Be Changed So as to Exclude Them. United States Immigration Commission- er Hart H. North has returned from ‘Washington and brings with him an in- teresting story of his experiences. In sioners at Boston, New York, Philadel- phia_and Baltimore, Commissioner Gen- eral T.'V. Powderly and the United States Industrial Commission he attended a meeting held in Washington to consider the immigration laws, the best means of rendering them more effective and to sug- gest such changes as seemed to be de- manded_ by experience. They held an- other meeting a week later and framed an act to take the place of ‘the present laws, covering the same points and patch- lrvfi up loopholes that had been found to exist. The new act to be submitted to Con- | gress by the department will prohibit the | immigration of anarchists or that class | of revolutionists who are opposed to all gcvernments, and will require the depor- tation of all anarchistic aliens found in this country. North made some inquiry into the pro- posed Chinese exclusion legislation and found that the Geary act, with some changes and modifications, was most fa- vored. It will be introduced into Con- gress as a department bill by Senator Perkins, and the recommendation will be [ made by the Industrial Commission when it makes its report that the restriction act be passed. ‘The members of the convention called on President Roosevelt, and he expressed himself in hearty accord with their work. He informed North that he had just re- ceived a letter from Governor Gage, in- viting the President to visit California. President Roosevelt sent back a reply stating that if nothing unforeseen occur- red to prevent he would come to Califor- nia next summer. . The labor question will be taken up by the industrial convention at an early date. Accused of Forging Checks. E. C. Kalben, ex-Supervisor, swore to a complaint in Judge Mogan's court yes- terday for the arrest of D. B. Walker, ex- secretary of the Imperial Oil Company, on a charge of forgery. He is accused of forg- ing Kalben's name to a check for $§10, which he passed on E. C. Fraser. Kalbe is the president of the company and al- leges that Walker has been cashing a number of similar checks. Detective Whitaker has beenr detailed to find Walker. —_———— Death of Thomas Hoey. Thomas Hoey of 2440 California street died at the Central Emergency Hospital yesterday- afternoon of injurles received last MondaH afternoon by falling into an apoplectic fit at the intersection of Cali- fornia and Fillmore streets. Hoey was a widower, about 70- years old, and had been employed as a bartender by Willlam R G R S L LR e A Tale of Love and Adventure ILLUSTRATED $1.50 ROBERT W. CHAMBERS HARPER & BROTHERS and these exceptional values; Hosiery Ladies all Wool CASHMERE HOSE, spliced heels and double soles, in Black and Natural, special value for, per pair SOC Ladies’ BLACK SILK HOSE, in Plain and Richelieu Ribbed, that are well worth $l35 $2.00 special at, pair Boys’ Heavy BLACK COTTON HOSE,high spliced heels, double soles and triple knees, ver~ strong, excellent for school wear, all sizes 7 to 10—good values, per pai 8 25C Children’s BLACK CASH- MERE HOSE, fine ribbed, three thread heels and toes, all sizes 5 to 834 $] OO special at 3 pair for Full size, WHITE COTTON FILLED COMFORTERS; Underwear ] In these lines we positively excel—with the greatest care we have built up a department which now posseses one of the | finest assortments in America— embracing all qualities in || Cotton, Lisle, Merino, Wool and Silk-all thoroughly dependable, not only for style but for reliability of construction—To-morrow Sale of Comforters { Hosiery | Underwear Ladies’ White Fleeced Cot- || ton Ribbed VESTS and | PANTS ; Vest with silk cro- | cheted neck and front, 5 | special value at, each.. OC | Ladies Fine Ribbed Un- shrinkable Cashmere VESTS and PANTS —White and Natural—one of the best values ever offered at,.”75c Ladids® White Cotton Ribbed | COMBINATION SUITS — For winter wear, silk crocheted neck and front, long sleeves and ankle length, ex- tra valce at, a suit $]25 | Ladies’ Ribbed Australian Wool COMBINATION SUITS, full fashioned, perfect fitting, natural color, excep- tional value, for, ) =4 a suit $3-7D Full size, WHITE COTTON FILLED COMFORTERS, Sy e S0 $1.00 a pair. department in our store. Ladies’ Crocheted Slippers | Made by hand of the best quality Germantown Wool, with fleece lined soles and finished with pretty ribbon bows—colors Pink, Blue, Red, Gray, Brown and Black, while they last Shoulder Capes at $1.85 Handsome Circular Capes, made by hand from the best quality of Shetland Floss—full size, being 17 inches deep and 30 inches in length, in pretty shades of Rose, Light Blue, Cardinal and Pink, also White—a very superior cape for !1,35? We Sell; Transferable Glove Orders By Transfera e we mean that if the recipient of one of our Glove Orders do€s not desire gloves, it will be accepted in any Silkoline and Sateen$1 covered; sale price..¥ 1. fii Kearny and Sutter Streets RALSTON FAILS TO GET GLAD HAND FROM MINERS All the members of the California Con- gressional delegation will probably be in ‘Washington next Monday. Senator Per- kins left Oakland night before last for the national capital and Senator Bard left Hueneme day before yesterday. Rep- resentative S. D. Woods started for the East yesterday. Representatives Loud, Metcalf, Coombs, Kahn, Needham and McLachlan may be in Washington before the Senators arrive. A conference of the delegation on the subject of Chinese ex- clusion will probably take place mext week. The death of J. M. Gleaves causes a va- cancy in the important position of United States Surveyor General for the District of California and before the middle of next week Senators Bard and Perkins will have received by wire many applications for the offige. The Senators, in-accord- ance with a rule adopted last summer, may insist on naming Gleaves’ successor Without asking the advice or suggestion of the other members of the delegation. It is said that Perkins_desires to waive the rule in the case of John C. Lynch’s suc- cessor in order to keep himself poised on the fence. He wants Lynch ousted, but at the same time he wants the little as- sistance that Herrin and Lynch may be able to give to a candidate for the United States Senate at the next session of the slature. Le}{‘;n-ln has so much work cut out for him on the ofl schedule before Rail- road Commission that he cannot get an opportunity to do much to help Lynch or find time to inspect the Gage fences. Ralston as Fence Inspector. -Assethblyman W. C. Ralston was sa];:nxa time ago appointed repairer of the Governor's fences in the mining counties, but the reception which he received dur- ing a recent tour of inspection in Amador, Csavems and Nevada counties was any- thing “but encouraging. Ralston had a notion that he could make a clever turn for himself while taking care of Gage's interests. His own desire is to represent in the State Senate the mountain district which is now ably represented by John F. Davis, and which for many years prior to Senator Davis’ incumbency was so creditably represented by E. C. Voorheis. On his recent trip Ralston found that Senator Davis was invincible. He found also that his own chances of going back to the Legislature as the representative of an Assembly district were slender. Ralston at the last session lost the con- fidence of the miners by his. efforts to ob- struct important legislation recommend- ed by the California Miners’ Association. He lost prestige also by his betrayal of ‘Alden Anderson, candidate for Speaker of the Assembly. His constituents took note of his pecuilarities as an Assemblyman and observed that he really accepted the orders of the Gage-Herrin machine. He saw enough on his recent trip to convince him that his aspirations for the State Senate might as well be put aside. He will, play politics in great luck if he suc- ceeds in getting back to the Assembly. Gage, percelving that San Francisco and Los Angeles are likely to send anti-ma- Chine delegates to the next Republican State Convention of 1902, is making stren- uous efforts to rally the mining countles to his support. In sending out Ralston to round up -the miners the Governor dis- plays more energy than judgment. ‘Herrin Is Not in Good Form. Herrin at this time is not in form to help any of his political chums. In fact, he is making plaintive ap; s on his own account for assistance. @ realizes that the loss of the oil case before the Rail- road Commission, following the municipal election reverses, and coming on the heels of his slated retirement from the Market- street Railway, would accomplish his un- doing as a political manipulator for the so'l"‘li ml l’m:m"(‘hl dof: in_ the ere is something dof in_the boss camp. Martin Kelly and‘iu henchmen had a function or housewarming Tuesday night in the new and elaborate head- quarters of the bwly boss in the Ven- dome, at the intersection of Mason, Turk and, Market streets. The activity of the bosses at this early stage of the guberna- torial campaign should suggest to good lc’l:laens the necessity for anti-boss organ- lon. SOLID 0AX OR MAHOGANY ROOKER, STAMPED LEATHER SEAT..$2.00 ‘We turnish homes, flats, hotels and rooming-houses complete. We Rhave all the latest designs in furniture. carpets, curtains and draperies and will gladly give you an estimate. Credit if you wish it, and free de- livery within 150 miles of San - clsco. We close at § except on Saturday. T. BRILLIANT FURNITURE CO., Opposite Union Square. World Famous Mariani Tonic REFUSE SUBSTITUTES. Vin Mariani is on sale at drug stores throughout the world. The public is especially cautioned against substitutes and imitations attempted owing to the popularity of Vin Mariani. WHIPS, ROBES, BLANKETS FOR THE HOLIDAYS. Noveltifes—many of them im- por new—most any price. STUDEBAKER BROS. COMPANY e e OF CALIFORMIA. Market and Tenth Sts. NEW SIGHT For Xmas to your friends. are the . and rernment officials, and can be had only at 10714 Market st..ae. Tth. lcsonce MAYERLE,