The San Francisco Call. Newspaper, February 13, 1902, Page 9

THE SAN FRANCISCO CALL, THURSDAY, FEBRUARY. 13, 1902 - [EAVES CHURCH DANIELS LENVES ~ [KENTUCKIANS AND COLLEGE, Professor Pearson Cre- ates New Sensation in Chicago. Northwestern University Fac- ulty Receives His Resignation. AGO, Pearson, the Feb. 12.—Professor Charies whose recent utterances infallibility of certain por- Bible occasioned wide com- Methodist church circles, to-day as professor of English litera- Northwestern University. on, it is stated, was voluntary. r Pearson also asked for a let- al from the Methodist Epis- The letter was given, but ward was recalled, as its possession Dr. Pearson would indicate that he in good standing in the church. The essor s to continue in _charge of his s until a successor is found and his to “continue until January 1, s letter follow: £ hereby tender m) n nt ix resigned ture at resignation as pro- 1 am very vespectfully vours, W. PEARSON.” given out by Secretary men the trustees point out the ex- lence ‘of Professor Pearson’s services the thirty years he has been con- with the faculty and aver that reat regret at the severance In regard to his seeking a missal from the church, Pro- irson sa e an attempt to inaugurate a cy. but the changes proposed, I do not doubt that they will be -d n the comparative near future, 1 deemed it my in duty the church and in plea having been re- sems equally my duty to with- both. I expect, as opportunity e the work upon which ed, it w from offers, T have enter THE PRESIDENT Special Dispatch to The Call 0, Tex., ¥ b. 12.—A well-known tablishment of this city, an agency in the City of Mex~ ived information to-day from its that President Diaz intends s office within six months and already been arranged for ardo Reyes, Minister of War, him. ews was gathered by the agent | sources and is considered au- he newspapers here, which it to-morrow. to the informant, Diaz h ed the fear that if he died so well, Diaz desires to see his r peacefully inaugurated and hly established while he is yet alive. Reyes was made Minister of War about a_vear ago. He was formerly Governor ‘the State of Nuevo Leon and is said 1o e popular and progressive. Private advices from Chihuahua and s Mexico C going report REWARDS FOR DETECTIVES. Fifty-Nine Thousand Dollars if the Modoc Lynchers Be Convicted. REDDING, Feb. 12.—If all the men in- dicted for participation in the Modoc lynching are convicted the persons who se their conviction can claim reward tend to confirm the fore- 000. The Governor of 3.8 e reward of $5000. The In nal Council of the World, a se- cret order having branches throughout ted Kingdom, Canada and the States, offers additional rewards The sum of $500 for the ap- and conviction of each and n whatsoever implicated in f Calvin Hall.” Then follows he other persons lynched, ards offered. This means w of $500 is offered for each men Iynched, making a_ total ach and every person impli- hteep men were convicted ield to the detectives the sum Anti-Mob and Lynch Law Associs~ D rporated), with headquarters in Springfield, Ohio, offers $500 for each per- son_convicted of participation in the Icokout lynching. This will add &wfl to the sum already mentioned, the whole, with the Governor's reward, reaching the m of $59,000 for the conviction of the i GRAPE-NUTS. MANDARIN OF THE Precious Ruby Clasp. An ilustrious Chinese mandarin was put on the famous American food, Grape- Nuts, and he and his wife cured of stom- ach and kidney trouble and heart dis- | order after he, in particular, had been pronounced by his physician incurable. His letter is written by his interpreter end signed with his Chinese signature. It recites: “For three years I was under the care of the best physicians in Russia, Germany, France, America, as well as my own country. I had tried baths and weter cures almost without number. I grew worse until finally my physician pronounced me incurable and I was doomed to dfe in from three to six morths. “A friend prevailed upon me to change my food and take up Grape-Nuts. This I éid more to gratify my friend than from any benefit I expected, but within twenty-four hours the resuits were gratifying as to astonish and delight my- seif end family, ly improvement continued without re- lapse until at the end of thres months I| was well and sound, welghed more and was stronger and had a better appetite and more perfect digestion than at any other time in my life. “My wife was also a victim of serious stomach trouble from which she had suffered for several years. She has been restored to good robust health by the use of Grape-Nuts. “I have recommended it in about half a dozen families, and it has never fafled to benefit. I will be pleased to reply to ell Jetters having stamped envelope en- cosed.” Pak Gaw Mun, Mandarin of the Ruby Button, member of the Literati, magistrate of the Order of the Manchu- rian Crane, Order of the Girdle of the Jede and Precious Ruby Clasp, servant to his Imperiel Majesty, the Son of Heaven, etc., etc. His interpreter and secretary, E. b, civale Baker, adds to the lette “IP:;‘ familiar with all the facts reig by Professor Pak and know them to have been moderately stated. I also, and my family, have received much benefit from the use of Grape-Nuts.” 5 The | £ of English literature in North- v Unives With the kindliest | 1 toward all and best wishes F: future welfare of the institution t I have given so many yvears cf 3 WITNES3 STAND Deflantly Walks Away to Avoid Answering a Question. Court Commissioner Babcock Cites Him to Appear for Contempt. OAKLAND, Feb. 12—At the third ques- | tion propounded to G. B. Daniels, presi- dent and general manager of the Oak- land Enquirer Publishing Company, at the continuation of the taking of his deposi- tion before Court Commissioner Babcock to-day Daniels clapped hi head and walked out of the room with a | “Good-day, gentlemen,” without answer- | ing the question. | The result of this act was that Court | Commissioner Babcock cited him to ap- i pear before him to-morrow and show | cause why he should not be punished for | contempt of the Court Commissioner. And | 80 by far the most dramatic Incident in |a long series of sensations in the now | famous Collins-Pardee-Dalton-Daniels-En- quirer suit occurred. It was a day of surprises and sensa- tions to all the parties in the case. The | defendants in general and Daniels in par- ticular were resting easily last night, and this morning under the decision delivered by Judge Ogden. | there was absolutely no further use of trying to take depositions, for Judge Og- den had held that there was no method of punishing a witness for refusing to an- swer questions propounded before a no- tary public or a Court Commissioner. Judge Ogden had frankly stated from the bench vesterday that he would be com- | | fused to answer could not be punished by | appealing to the Superior Court which the Court Commissioner or notary public was supposed to represent, even though su a ruling would maké the taking of deposition impossible. And so the defendants wer happy, b cause they felt that there was no longer any necessity of making any more ap- arances in these distasteful proceed- ngs. Daniels Is Cited for Contempt. ‘The surprise to them came when Henry | Ach and J. B. Richardson, the attorneys Tor Collins, produced a lot of law and de- cisions to show that if the Superior Court could not punish, the Court Commissione: was & judicial officer under the constitu- tion and that he could punish for con- tempt of himself. This upset the feeling of security of the defendants, and when Court Commissioner Babcock said that he belicved he had the power to commit for contempt of himself and he would or- der Danieis to appear to-morrow gnd show cause why he should not be pun- between the attorney are going to fight the matter out and, if necessary, carry it to the Supreme Court, for upon this ruling of Judge Ogden res the possibility of getting any more info: mation through the means of depositions. The proceedings this afternoon opened with_a fight. Daniels was called to the stand, and the first question asked was whether he had brought the books that have been demanded. “We decline to go further. E. Snook, Daniels’ attorney. Snook fAnally said Charles consented io allow Dan- jels to answer, and the witness replied that he had not. When asked for a rea- son he said that he saw no reason for bringing them. | Ach then made a formal demand that | the Court Commissioner order the produc- tion of the books. It was while Ach was making his demand that Daniels took his hat and left the room with the simple | statement, “Good-day,-gentlemen.”” *The | the battle of counsel and the demands o | attornevs followed fast. Ach Quotes the Law. Mr. Ach—Make the order. 1 want to see that subpoena. Mr. Ach—And here note, Mr. Reporter, that the witness, G. B. Daniels, left the courtroom while upon the stand, saying good-day with- out being excused by interrogating counsel or by the Court Commissioncr or court, and upon that conduct we ask the Court Commissioner, the matter court and in the presence of the Court Com- missioner, to find him guilty | cour*, under provisions of th | Mr. Snook—I want to say further in regard to these books I want to extend every cour- tesy to counsel for plaintiff, and that any di- recto- or any stockholder may View the books at any time at the office of the corporation and any transcripts can be taken during bus ness hours that they desire from those boo that they are now in the custody of the book- keeper of the institution. Mr. Ach—I move to strike out the statement of counsel as irrelevant and immaterial, and under chapter 4. sections 177 and 178 of the Code of Civil Procedure, which provide as | { follows: “Every judicial officer shall have power: 1, To preserve and enforce order ir. his framediate presence and in proceedings be- fore him when he is encaged in the perform- ance of of 1 duty."” Says Witness Is in Contempt. 1 ask your Honor to find Daniels guilty of contampt of court and impose the sentence and issue the warrant for his arrest in that he did violate your order in your immediate presence and while you were engaged in the perform- ance of your official duty, nameiy, that of taking & deposition under the constitution ana the statute of this State, in leaving your pres- ence without <o much as “If you please,”” and while he was upon the stand. And in subdi- vision 3: “To compel the attendance of per- sons to testify in & proceeding before him, i1 the ceses ani manner brovided in this code,” in that he did attend in obedience to & sub- poens and left the courtroom declining to pro- uce books which were in his possession: ana under section 178, which provides as follows: “For the effectual exercise of the powers con- ferred by the last section a judicial officer may punish for contempt in_the cases provided in this code.” That your Honor is a judicial of- ficer, I call your attentlon to article 6, sec- tion 14, of the constitution of this State, and section_ 15. Sectfon 14 is to the effect that he Legislature shall provide or may pro- vide for the appointment by the several Su- > Courts of one or more commissioners in their respective counties, with authority to per- form chamber business of the Judges of the Superior Court, to take depositions and per- form stch other business connected with (he admin’stration of justice as may be prescribed by law.” The polnt being that the constitution is mandatory and self-acting, and that the | power to take the depositions comes from the constitution itself, and by section 15 of article { 170f the constituiion it exvressly and directly recognizes Court Commissioners as judiclal of- ficers, and judicial officers as mentioned in chapter 4, sections i77 and 178: “No judicial | officer, except Justices of the Peace and Court Commissioners, shall receive o his own use any fees or perquisites of office.”” This con- fempt having occurred in the immediate pres- ence of this court, we @sk that this court adjudge G. B. Danlels guiity of a contempt of court and imnose the punishment and direct his arrest. and that he be brought before you for | that purpose, and 1f you haven't any power let the Supréme Court say So. ; | Commissioner Reserves His Decision. he Coramissioner—Well, §t would be very strange, of course, to me if 1 should be called upon to decie at tl op of the hat a vexed question like this w i you gentlemen were diecussing all vesterda: fternoon. 1 heard a portion of Judge Ogden's opinion, but only a { portion. 1 commenced investigating this ques- tlon this morning and have had hardly time to arrive at & definite conclusion. My impres- sions are with the counsel for the plaint.f here, but I don’t Want to put any unnecessary hardehip upon Daniels or any unneccssary ex pense and trouble. Instead of passing upo. the question @s to whether Danfels is guilty of contempt this atternoon, I will ask if it be convenient for counsel to postpone that Geciaion until to-morrow, and then I will ren- der my opinion about it. My imoression, [ am frank to say. Snook, is that I have jurls- aiction_to punieh for contempt. Mr. k—Now, of course, if you dre going to throw the burden upon us of this litigation, it strikes me that if there is any burden to bé it ought to be thrown under intimation Ogden the attorney for the upon ou dre's Judicial officer then they o1 you made. Mr. Ach-1t certainly comes with bad grace from a defendant in an action who is charged ‘with willful suppression of interest in books, is_chargzed—— r. Snook—Which we are willing to show you at any time. Burden Belongs With the Contemnor. " Mr. Ach (continuing)—Who is charged Ly a plaintiff in a case wl has equal rights with himself, of doing acts for the purpose of defranding him, and has not only done the acts, but ie continuing to do them, to appear before & Court Commissioner in such a case, and decline to permit the fullest investigation hat on his | Under this decision | pelled to decide that a witness who re- | ished there was a long and wordy battle | It is evident that the parties in the case | The Commissioner—Let me see the subpoena; | occurring in the presence of the | of a contempt of | e code. FALL IN DUEL Six Men Killed in a Ter- rific Battle With _ Officers. w Y, Mountaineers Fight Desper- ately in a Blazing Fortress. MIDDLESBORO, Ky., Feb. 12.—Six men are dead and as many more are dy- ing as the result of a battle between offi- cers from Middleboro and mountaineers. The battle, which was one of the most desperate in the history of mountain war- fare, occurred between 4 and 6 o’clock this evening at Lee Turner’'s “Quarter House™ saloon, three and a half miles from Mid- | dlesboro. Last month some mules and other goods of Turner's were levied on in payment for a debt and a few nights ago, it is alleged, he, with others, went | to Virginia, where the property had been taken, ured what was formerly. his and returned to the “Quarter House." To-day Deputy Sheriff Wat Thompson summoned a posse of ten or fifteen men for the purpose of arresting Turner at his | saloon. ~The Louis ille and Nashville | Railroad refused to convey the officers to the saloon and they walked through the mountains. Turner had heard that an at- | tempt would be made to arrest him and he and his men, fifteen in number, gave the officers a warm reception. The saloon was well suited for an attack like this. It was built of Jogs and was surrounded by a thirty-foot fence in which loopholes were cut o that the inmates could shoot at outsiders. Turner’s surrender was demanded. His v was a round of shots. Charley 1 of Middlesboro was riding a pony in ain view of the Turner men. Some one raised a window of the loghouse and shot Cecil, who fell dead. Instantly the man at the window fell back, pierced by half a dozen bullets. Then the firing began in earnest. The officers scattered and, hid- | ing behind trees, poured a galling fire ! into the mountain Tortress. In the fight | John Doyle, a railroad man, was shot in the hand. | “Tne town men gathered closer around Turner's place, undaunted by the shots which whizzed around them. "As soon as | Cecil was_killed his companions deters | mined to burn Turner’s rendezvous, and | in the midst of the battle a man applied a torch to an exposed side of the building. | Soon the building was in flames. Several { of the mountaineers came to the window and were immediately shot down. The members of the posse surrounding the barricade were determined to let none es- cape. Lee Turner and several of his friends, however, in some manner escaped and he is now at the Mingo mines, eight miles from Middlesboro. Several of his | men perished in the flames. : All sorts of rumors are afloat to-night, | one being that five Turnerites were killed | by the rifies of the attacking men and that five more perished in the flames. It is also believed that the posse lost more men than one, and that some of the Mid- Glesboro fighters may now be lying dead or dying in hollows surrounding the “Quarter House.” Some of the deputies came in to-night with their rifles over their shoulders. They state that half the men are still at the “Quarter House" and that they will return with reinforcements. 1t is feared that the trouble is not at an end. ; Tuarner is mot a man who is easily cowed nd elieved that he will or- b | Sanize a band and avenge the deaths of | his friends and the burning of his saloon. | Turner is a brother of “Wild Bill” Tur ner, who was killed some years ago. 'Tuc | “Quarter House” is known far and wide because of the number who have been Kkilled within its confines. Placing to-day’s number of deaths at six, fiftv-nine per- sons have been killed there and twice that number wounded. Organized Cycling Vanishing. TORRINGTON, Conn., Feb. 12—Twen- ty-ome delegates, Tepresenting twelve States, were present at the opening ses- sion of the National Assembly, League of American Wheelmen, here to-day. The national president, H. S. Earle of De- troit, presided. In his report President Earle referred to the downward slide of the membership of the League of Amer- | jcan Wheelmen. He advocated the adop- tion of divisions and the substitution of local organizations similar to that tried with success at New Bedford as the only safeguard for the organization, the exist- ence of which is hanging in the balance. Secretary Abbot Bassett of Boston said the affairs of the league are in a condi- tion for_careful consideration and wise action. He compared membership figures of a year ago with those of to-day, which showed that the membership had de- creased from 24,328 to 10,529. LOS ANGELES, Feb. 12.—John Coligan, a lineman of the San Gabriel Electric Company, was killed by a fall from a pole to-day. in the presence of the court, and in the pres- ence of the public for the purpose of purging bimself, if that is not true, to ask this couft to put the burden upon the plaintiff. T] Dburden should rest where it belongs at t time, upon the defendant, and the witness who'cavallerly picked up his hat and without %o much as “if you please” to this court Walked out of it and left his counsel to battle for him, The burden belongs with the con- temnor if there is a contemnor; and I venture to assert that I have mever séen a more ab- solute contempt committed in the presence even of a motary public, than was committed by Mr. Daniels, and 1 think that if this Com- missioner has the power that the courts will 50 announce; and it is simply a question of power; and if that is the only question it is the only question for your Honor to consider, | because the contémpt was committed in your immediate presence. The question— Mr. Snook—Mr. Mr. Ach—One moment, please. The question ag to who should stand the burden cuts nq figure with this court. If a contempt was committed, and that cannot be dented, if any- body can commit a contempt against a Com- imissioner at all, then it was committed in the immediate presence of the court; and it is the duty of the court to immediately adjudge the party guilty of a contempt of court and force him to take action, if he wants to go at lib- erty—not the plaintiff in the action. It is a. matter for the court and not for the plaintiff.' Attorney Snook Makes Reply. Mr. Enook—Let me suggest on that line that Mr. Ach is rather adrolt in some things. After we haa announced the position defendant had taken, through his counsel, there certainly was no intent to commit any disrespect to this Court Commissioner— The Commissidner—I don’t so understand it, Mr. Snook. Mr. Snook—By his going out. The question was asked if Mr. Daniels could asked a question so that it could go into the resord, which was consented to. Now that certainly doesn’t show disrespect here. I am willing to iry the question at jssue here in a proper pro- ceeding, and I say the burden ought to be upon them and not upon us. If a plaintiff in a case brings an action in court and flies to the southern portion of the State to avold giving 4 deposition as to what his rights or privileges are or testimony would be in a case, Which the statute alfo gives to us, 5 though counsel called it sharp practice to get the deposition set at an eralier day than that at which he has set through his delay, he calls that sharp practice to bring a man into court to bave his deposition taken under sueh cir- cumstances; after he had circulated broadeast throughout 'the community these allegations which he s afrald to support by his testimony tn_a deposition, and fies and seeks to &vold subpoena under such clrcumstances; and par- ticularly after the matter has been brought to the court, the question of contempt here— and the court has practically sald from the bench that he himself would not have power to puninsh for contempt under such circum- stances if he was taking the deposition—it seems to me that under such a view it would Dbe an outrageous abuse of the Commissioner's power to throw upon us an additional burden ‘which they themselves ought to bear, if thers is any bearing to be done in this case, after the court has threshed it over as thoroughly as he did yesterday afternoon. Commissioner Takes a Hand. The Commissioner—Mr. Snook, the sioner savh this: A% 5 WhAT Counsel he threshed over there, it has no relation to my of contempt here I should procs Same ‘s thoush Sou had mo ‘precect Mr. Snook—But I do eall onot's at- tention to {-‘I:e uh{ly p-ug ot’ mtll;en i when 0 Court Eammissioner. ab the.cass Ry R ers as & | the answers that you want.”” Jas b gentiemen act on my opinion i ings own. been he would take the ferred 1o you, as you say, and counsel fterated = morrow afternoon. AIRSHIP AOPE HURTS A PRINGE Monaco’s Ruler Bruised During Santos-Du- mont Trials. Young Brazilian Makes His Record Trip Near Monte Carlo: Speclal Disnatch to The Call. MONTE CARLO, Feb. showers this afternoon made a fourth ‘“sortie” drome with his airship. At 2 o’clock, the rain having ceased for a moment, the aeropaut sailed away in the direction of Cape Martin, being pre- ceded by two boats from the Prince of Monaco’s yacht Princess Alice, and fol- Jowed by a steam launch commanded by the Prince. Half-way between the aerodrome and Cape Martin, the and the wind suddeniy rising, the aero- 12.—Between Santos-Dumont from his aero- d’Hercule, where the | steam launch were able to seize the gulde Tope and conduct the airship near th aerodrome. At 2:35 p.m. the maneuvers became very | aifficult. ~Some of the suspension wires | had been broken and the Prince had his arm bruised by the guide rope, which swept rapidly over the stern of the launch. It is not thought that the Prince’s injury is serious. When the airship was ten meters from shore guide ropes were passed from the launch to a small boat and then to workmen on the jetty. This is the longest trip that Santos-Du- mont has accomplished with his airship, both as to time and distance. After a landing had been accomplished the Prince received Santos-Dumont and the Duc de Dino on board his yacht and arranged with the aeronaut various plans for landing maneuvers during the next excursion. The Duc and Duchess de Bassano and Mile. Marie de Bassano, who with ex- Empress Eugenie had been watching the operations from Cape Martin, came to the aerodrome to present the aeronaut their felicitations and those of the Empress. SIGOURNEY DISPLAYS SOME BRILLIANT FORM Opponent of Oly-m‘plc Club Billiardist Joins in the Applause Over His Clever Playing. NEW YORK, Feb. 12—One of the best games in the Class A amateur billiard tournament at the Knickerbocker Ath- lethic Club was played to-night between Dr. L. L. Mial of this city and Charles | Threshie of Boston. Score: Mial 400, av- | erage 9 4-44; Threshie 238, average 5 23-44. W. H. Sigourney, the San Francisco Olympic €lub amateur, played a good game, the fourth of his series of six, dur- ing the afternoon. His opponent was | Charles 8. Norris, formerly champion of the Chicago Athletic Association, but now | champion of the Knickerbocker Athletic fiéh? where the tournament is being much better form than when he met John A. Hendrick, the former champion of Connecticut, last night, and some of his -rk was of a gilt-edged character. It s so good, indeed, that his opponent joined in the applause for his frequent brilliant plays. Summary: | Sigourney—1, 1, 30, 1, 1, 1, 1, 0, 4, 0.0, . 0,0, 18,36, ¢ . 1 5, 2, 1 4, 6,0, 4, 8,5, 0, 17 80, 1, 10, 1. 1, 0, 2,5, 0‘ 44, 4, 6, 3, 13, 30 Total, do0; averase, 0, 15, 2, 1, 3, 8,6 1 3, 4, 4, 0—Total, 815; average, 6 3-57. Following is the standing of the players up to date: Mial won four, lost one; Si- gourney, won three, lost one; Norris won three, lost one; Conklin won two, lost Treshie won two, lost two; Hendrick won one, lost five; Miller won one, lost five. Sigourney and Conklin will play to-morrow night. Portland Club Wants Jeffries. PORTLAND, Or., Feb. 12—At a meet- ing of the managers of the Pastime Club of this city to-day it was decided to in- struct Managers Day and Grant to offer a purse of $15,000 for a twenty-round con- test"between Champion Jeffries and “Den- ver” Ed Martin, the contest to take place some time in May. A certified check for $5000 will be deposited by the club as a guarantee of good faith on the acceptance of its proposition by both men. S STOCKTON, Feb. 12.—Chal 5 man on the Tesla coat road. who shot it several days ago, died to-day in St. Joseph's Hospital, L e e e J w wa a aa a a a and reiterated dozens and dozens that you had no_ other power than ‘::It“o!?g:. notary public. The court so held yesterday afternoon, 1 inform you, so that you may be advised. 'The court held that he would only have such power if such a proceeding was brought before him; and 1 say mow that a person occupying the position that your Honor does that would exercise power ‘which the court has practically held he has not got, it geems to me in view of the circumstances of this case, would simply be attempting to im- prison a man without due authority of law, particularly as there is no authority under the ute for excrcising any such pow, CO)I;H Cammllslor!hh ¢ Py the r, Ach—Well, that Is disputed here, a dispuited absolutely. Now, 8o far s proving our case was concerned, We were doing that most beautifully through Mr. Danlels when ho quit, and his responses to questions which would tend to prove the fssue, the statements made in the complaint, that he didn’t remem- ber and he didn’t know, Were doing it in first class style for the plaintiff. We don’t expeot to prove all of our case by Mr. Collins. Mr Collins certainly Is not expected by the de- fendants in the case to prove the fact that these things are not so, because we have proven that they are so by Mr. Daniels. We have proof, for instance, that there are mo stockholders in that corporation except Dan- jels. We have proof, for instance, that no- body had anything to do practically with ac- quiring that stock, except Pardee and Dalton, all through Danicls. Then when it becomes convenient to hide the books and suppress them, and prevent them coming Into this court, he does 50, When a gentleman of honor and integrity against whom these charges ‘were made would throw them open to the public and to the court and say, “I am inno- cent; here are the books; examine them to your heart's content. and 1 will give you all 1 sa; it poor grace 1 such & géutistn o Ben this court to put a burden upon the plaintift in_contempt proceedings, when it there s any conterpt it is committéd by the other party. Want the Books Produced. Ach made some observations upon the law and then followed a lively colloquy between him and Snook, Mr. Snook—First you Were willin us in jail vesterday, then you \ver!slo'xo khe‘:vt ing us out of jall, And now You are trying fo ny. e are trying to get you to get_us in jail to Mr, Ach—Now, jall for a differént purpose. I still say th there 1s no destre on MY part to put Mr. Dan. fels in jail. I want answers to my questions, and want those books produced. That is ali 1 want. 1 want to prove the truth or the faleity of those allegations out of those books and out of thé mouths of these peopl ¢ ook —Why don't w2 r. Snook—" lon’t you go ul:“ Acx?h 2 Yt i €0 and see them, r. ch—I wan 0 _lave you bring here, in court. 1 want Danlels under oath Mr. Sngok -But you want the books. v, Ach—I want to ask him qu v questions and . Snook—! iy don’t you of_the books_then? il oy “Mr. Ach—I want to ask him T,am’ entitled to the original at. Mr. Snook—See how silly the propos yhon you are talking to the P ch is. Mz Ach—No, I am talking to you, not to the gallery. You are not allery. ME Snook—Now, T Wmllghl'!ie & Nittle time, quest]c Books: you know duties whatever. 1t 1 find that thi |t o e et | o eass ARIR bty BUIIty of & contempt upon the i fi Rtioktae | Tcme Axe e plBEL, L O e b K RN s R L e ment confirms e in the vicw that he 16 guilyy | ML Snook—Well, vou thought so befors. m afraid e il "Mr. Snook—Well, he would bo f ago it we did that. Lo Commissioner Babeock announced e matter up at 1:15 fl::f sky becoming cloudy | naut wheeled about and returned to Port | occupants of the | The Pacific Coast champion was in | FOR PLAV-GOERS Theaters Are Presenting Entertainment of First Order. “Rogué’s Comedy” an Alcazar Hit—Tivoli to Essay “The Serenade.” The next production at the Columbia Theater will be the pastoral success “Way Down East,” the interesting drama of New England life that met with so much favor on its first presentation here last | year. With the company comes Miss | Grace Craib Hull, a former San Francisco girl, who has been steadily winning fame | before the footlights. Misxs Hull arrived in town on Tuesday evening, and a large contingent of friends will be at the Co- lumbia on Monday night to welcome her, | “Way Down East” is a William A. Brady | production, and, }ike all shows stamped | with his name, the scenic arrangements | will be of the best. i | y ! s are crowded nightly. .04 “The Sign of the Cross,” at the Califor- | nia Theater, will begin the sccond week | of its engagement on Monday night next. ! It is a strong play of powerful religious interest, and is being very well given at ((he California Theater. There ate many of the people of the orlginal production | | at the Columbia some three years ago (o | R Viola Allen ends her highly successful engagement at the Columbia on Saturda; evening. The house: be found in the cast, notably Charles Dal- | ton, who in his original role of Marcus Superbus is a virile and graceful figure. Mignon Shattinger as Mercia also adds | | much to the success of the plece, with | Agnes Scott and Marcella Hudson. DEED { There is a very good production of the Augustin Daly piece, “The Rogue's Com- edy,” at the Alcazar Theater this week. The clever company at the Alcazar is par- ticularly well cast in the play, many of the players finding unusually grateful op- | portunities in its lively predicaments and | well-drawn _characters. Margaret Wych- | erly and Marion Convere among the | women and M. L. Alsop, Frank Bacon and George Osborne among the men are especially enjoyed. Next week “The Ori- | ental Express” will be put on. i Lee This, the last week of Edwin Arden's engagement at the Grand Opera-house, is given over to a play by Mr. Arden him- | self that the actor-playwright calls “Rag- lan's Way.” The play is not lacking in interest and has a grateful flavor of orig- inality, but it is not possessed of the | marked strength of the other play of Mr. Arden’s that has been given here. Thé | company does good work in the drama, more particularly Mr. Arden, Miss Terry, Gardner Crane, H. D. Byers and Laura Nelson Hall. Next week George Ober be- | gins a limited engagement in “"A Temper- | ance Town.” i P Next week is the fourth and last of “The Ameer” at the Tivoli. In addition | to the many attractions of the opera as | given so far at the Tivoli an altogether exceptional feature will be introduced next week in the shape of some new songs fresh from the pen of the composer, wrif- ten especially for the Tivoli production. Next will come the favorite of the Bos- tonians, ~“rhe Serenade,” to be given here for the first time at popular prices. PR | | | i | | | | The Central has a good attraction in the strong melodrama “A Young Wife” this week. As the bill says, it is “full of thrills ‘and sensations” and is giving the the usual clientele. frican King.” sy The Steindorff symphony concert, {hat is dated for Friday afternoon next at the Grand Opera-house, promises to be par- ticularly interesting. The progress of the orchestra has been remarkable, from good to better rlghl. along the line, and the programme for Friday is also one of the best that the society has yet offered. It will comprise the Glinka overture, “The Life of the Czar;’ the B minor éymphony (unfinished) of Schubert, the symphonic poem, “Phaeton,” of Saint-Saens, and a couple of lesser numbers. The Jong expected Nordica recitals will take place on the evenings of Monday and Wednesday, February 17 and 19, and on Baturday afternoon, February 22. The re- citals, as before announced, will be given at Metropolitan Temple and the pro- grammes before announced for the series remain the same and will be given in the announced order, The first prosramme, for Monday evening next, is as follows: (a) The Robin Sings .. .MacDowell (b) Thy Beaming Eyes ~MacDowell (c) ANl For You d’Hardelot (d)Song of Thanksgiving . Allitsen Voi Che Sapete (Nozze de Figaro) (a) Ariette ......... (b) Si Mes Vers Avaien {usual pleasure to | Next comes “An Al . Polonaise (C sharp minor). MR. SI . SIMMONS, (a) Ich Liebe Dich (I Love Thee) (b) Im Kahn (Boat Song). (¢) Lotusblume ;............ Schus (@) Es Biinkt der Thau (The Glistening Dew) ... Rubinstein (¢) Serenade -Richard Strauss Brunhildes Call (Die Walkure) ‘Wagner o W It is also announced that the talented songstress, Emma Nevada, will come to this city for a single concert early in March. The diva will be accompanied by European artists of great ability, among them being Pablo Casals, the noted violon~ cellist; Maquarre, the flutist, and Moreau, a superb pianist and an artist of great popularity in Paris. Mary Norman, the Dempsey and Mack company, the three marvelous Merrills, ‘Winchermann's_bears, Rose and Jean- nette, Adelina Roattino, Reichen's hand- balancing dogs, Victor Jerome, Lottie Fremont and Harry W, Welch 'are the clever folk who make up the Orpheum's b}ll tg{stw?iki Miss Nonntu;n‘sbimlta;.:ons of society girls are among the best of the kind that have Fcen seen here, Which may also be said of the perform- ance of Reichen's wonderful little dogs. . A fat ladies’ bowling match, with the amateurs in vaudeville, will be the spe- clal attraction the Chutes nr‘d Zoo this evening. Miss Blla Burt is still coasting the chutes on her bicycle. Hofmann Piano Recital. The Hofmann piano recital last night at Métropolitan Temple brought out a large and representative audience to hear what was the best recital so far given by the young virtuoso. The pianist was in excellent form, and a very attractive pro- g:nmme was giyen, among the numbers ing the B minor Concerto of Chopir, accompanied on a second piano by Casi- mir Hofmann. The ‘“Marche Militaire” of Schubert-Tausig was splendidly ren- dered, = with _the ~altogether delightful “Alceste” of Gluck-Saint-Saens, the Ligst ‘‘Gnomenreigen.” ~Mr. Hofmann was most enthusiastically received and applauded to the echo. He will give an- other recital at the same place on Satur- day afternoon, and will give a farewell programme composed of favorite num- bers in_his repertoire on Sunday evening at the H,tropolm.m ;l‘erzupleA n will give his farewell re- cital in this city at the Columbia Theater on Sunday night and will render -a pro- gramme made up of the most successful Josef Hofm: numbers of his large repertoire, including among others| the grea; hauser overture. Following is the fine pro- gramme: also give a matinee re- olitan Hall on Saturday filed a suit for the Pa- cific Box Factory yesterday for injuries re- celved by his ward at the factory last October. OF PISTOL BALL Leaden Pellet Extracted From Footpad’'s Back. ‘Will Be Compared With the Ones That Fit Robinson's Revolver. Frank Woods, allas “St. Louis Frank.” had a bullet exiracted from his back yes terday. The operation was performed by Drs. Bunnell and McElroy of the Emer- | gency Hospital, and Dr. Bacigalupl. A 38-caliber steel-jacketed bullet was ex- tracted and is now in the hands of the police. It will be compared with the bul- lets taken from Policeman Robinson’s belt, and if found to be the same will be used as evidence against the footpad. Detectives Wren and Dinan brought | Woods to the hospital. found the wound to be superficial. experienced no trouble in finding Jeaden missile. It was extracted in quick order. Woods was wounded twice, but one bullet found an exit. After the operation Woods was placed in the insane ward of the Detention Hos- pital. where 5t was easler to watch him. A policeman was stationed outside the door to keep guard over the prisomer. Information was received from Victoria yesterday that Kauffman, one of the men implicated in the murder of Policeman Robinson, had been seen in that vicinity. It is stated that he walkéd from Pori- Jand to Tacoma and stowed himself away The surgeons | on the Oriental liner Victoria, with the in- tention of making the voyage to China. Before the steamer arrived at Victoria he was discovered and landed at that port. His identity was unknown _until several days after, but by that time he had escaped inte the interior. — e JAMES w. BYRNE IS THE HOST AT A LARGE DINNER James W. Byrne was host Tuesday | evening at one of the most thoroughly delightful dinners ever given in San Fran- cisco. The dinner was given to twenty- six guests preceding the Mardi Gras ball. The carnival colors, red and yellow, pre- dominated in the decorations of the din- ing-room, and the table was lavishly ar- ranged with apple blossoms. Masks were 1aid at each plate and looked out from the follage. A large parasol was suspended over the table, and lanterns in carnival colors were hung about the room. The candelabra shades were also red and yel- Jow. Dinner began at 7:30 o’clock and lasted until 9:30. Mr. Byrne enjoyed giv- ing the dinner on the night of the Mark Hopkins Mardi Gras, he having taken great interest in the carnival prepara- tions, being president of the art associa- tion.” The guests were: Mrs. Margaret Irvine, Mr. and Mrs. Joseph D M Grant. B and Mrs, Mountford 5. Wilson, Mr. and Mrs, Robert Oxnard, Mr. and Mrs. Horace Blanchard Chase, Mr. and Mrs. Horace D. Pillsbury, Mr. and Mrs. Alfred S. Tubbs, Mr. and Mrs. Chauncey .Rose Winslow, Mr. and Mrs. Clinton E. Worden, Mrs. Hyde Smitn, Mrs. A. E. Garceau, Miss Ethel Hager, Miss Carrie Taylor, Horace G. Platt, George E. P. Hall, Lansing Kellogg and L. F. Michael. ? L e Mr. and Mrs. Joseph Sadoc Tobin en- tertained at dinner before the Mardi Gras ball Tuesday evening. The d Were unique and covers were laid for six- teen. The entire party afterward attend- ed the ball. . . Mrs. H. E. Huntington was hostess at a charming luncheon _at her home, Jackson street, on Tuesday. Mrs. J. L. Frazier was guest of honor. Spring flow- ers were chosen for table decoration, and the effects obtained were very artistic. Those who enjoyed Mrs. Huntington's hospitality were: Mrs. A. N. Towne Mrs. Isaac Lawrence Requa, Mrs. Qscar Fitzalon Long, Mrs. John Waterman_Phillips, Mrs. William H. Mills, Mrs. R, E. Q Mrs. Henry J. ker, My . Van ' Fleet, Mrs. Norris, Mrs. Charles Stetson Wheeler, Mrs. . Butler, Mrs. Jullus Kruttschnitt, Mrs. Edward Pond and Miss Coleman. ‘. & e Miss Jane Gallagher and Dr. Edwin O. Cochrane were married Tuesday at_ the home of the bride’s parents, Mr. and Mrs. B. Gallagher, 1133 Ellis street. The mar- riage was performed by the Rev. Father Prendergast at high noon, after which breakfast was enjoyed by the friends present. The drawing-room was decorated with pink roses and foliage. Dr. and Mrs. Cochrane left for Del Monte, ‘and_upon their return will live at the Palace Hotel. CRE Dr. and Mrs. Gardner P. Pond (nee Painter) left for the north yesterday. After returning from their wedding trip they will live in their new house on Green street. —_———— NiGHTvIS S0 LONG THAT SHE BECOMES AWEARIED Hilda Matson, a Domestic, Leaves “Regards to Mamma” When She Goes to Death. Miss Hilda Matson, a servant girl em- ployed by Mrs. John Pettigrew at 2099 Pa- cific avenue, was found dead in bed yes- terday. Death was due to asphyxiation. It is believed the girl committed suicide. Deceased had been in this city only three weeks. She came from Finland. On February 11 she was employed by Mrs. Pettigrew, who was living with a Mrs. Huston, 1916 Broadway, while her own house was being put in order. Two nights ago Mrs. Pettigrew directed Miss Matson to sleep at the house on Pacific avenue. Yesterday afternoon Mrs. Pettigrew, ac- companied by Mrs. Huston, went to her residence and rang the bell. She received no response and an entrance was forced. As soon as the ladies entered the house they detected the odor of gas. Thy traced it to its source and found the servant girl in bed, dead. On a desk a note was found addressed to Sofla Kugler, a domestic employed by Dr, Taylor. It was translated and is as follows: Remember me, my friend Sofia. Now I sit down to write. This night is awful, awful long. Give by best regards to mamma. The letter ends abruptly. It is believed she committed sulcide. Deceased has & brother in this city. She was 22 years of age. Sad Case of Destitution. Assistant Sanitary Inspector Bryant reported to the Board of Health. yester- day a sad case of sickness and destitu- tion at the home of Mrs. Woods, 1298 Jackson street, corner of Leavenworth. Dr. Bryant says that the case is worthy of the attention of the charitable because the mother is utterly without means and has three children sick. A baby is now with friends who are caring for it. Mrs. ‘Woods kept a lodging-house, but her lodg- ers have left on account of the sickness of the children. e e S SR Petitions in Insolvency. A. Moseley and I A. Moseley, as indi- viduals and as the firm of Moseley Broth- ers of Lolita, Humboldt County, filed a petition _in insolvency yesterday in the United States District Court. They have it Gie 8 Tl 1< te B OWS (oseley $8109, Moseley Brothers $69455. Rebecca Jones, a widow, residing at 426 Stockton s also flled a petition. She owes | $1275 and has no assets. — g Claimed He Was a Detective. Charles Hatch, who at the prison said he was a salesman, was arrested last night by Officer Cullinane and charged with impersonat - Ty, TR Caimen that o acaday night Hatch Char! 1 asked him to show g::ehm‘ ick him on the head umbrella. They | the | ecorations | CLEVER PIECES ~ WOODS RELIEVED |CLARK T0 FIGHT IN THE GOURTS Battle for Los Angeles Franchises Is but Commenced. Senator Holds Controlling In- terest in the Traction Company. Special Dispatch to The Call. LOS ANGELES, Feb. 12.—T. E. Gibbon gives it out officially that Senator W. A. Clark of Montana has bought a controll- ing interest in the Los Angeles Traction Railroad, with which enterprise the name of Hook has hitherto been almost the only one associated. That Senator Clark should invest some portion of his vast capital in this enterprise means that the traction company will become even more of a thorn in the side of H. E. Hunting- ton, who had hoped to buy the rival. With | Senator Clark back of the traction road that property is not likely to be gobbled up, even by o rich a corporation as that of the Huntington syndicate. “Mr. Hook and his associates will not ton this contest until they have ex- ed the last expedient of the law,” s . J. Thomas, with respect to the &sle between the Hook-Clark and the Huntington-Hellman syndicate for the ric freight franchise. *“We are not ready to indicate the methods we may pursue in prosecuting the warfare, but | the public may be assured that_there will | be no faltering on our part. We are in | the fight to win and we have the law en our side.” It is known that papers in the proposed legal proceedings are already in course of preparation. A mew complication Is injected into the pénding contest. owing to the fact that the certified checks tendered by the Hunt- ington-Hellman syndicate in payment for the franchises were not cashed until this morning. The law expressly states that | cash must be tendered at the time the | franchises are awarded and the Davis- | Clark people had $139,000 in “good red gold” piled up in the City Hall to cover their bid. Local lawyers assert that the failure of the Huntington contingent to put up coin invalidates their purchase. The “solid six” in the Council have been grilled to a turn to-day for their refusal yesterday to give the Clark interests an opportunity to raise the bid of their rivals, after that privilege had been ~ranted to the Huntington-Hellman syndicate. CHARITY EXPERTS WANT A STATE BOARD FORMED | the Conference Which Opens To-Morrow. ‘The charity experts who will gather this week in attendance upon the State Ccnference of Charities and Corrections, which opens in the auditorium of the ¥. M. C. A. building, corner of Elils and Mason streets, to-morrow, are going to talk of many things which are of vital interest to the welfare of the community. The subject of a State Board of Chari- ties, a bill for the establishment of which was lost at the last term of the Legisla- ture, is by no means a dead one. It Is engaging the thought and study of a good many people. Dr. Samuel G. Smith of St. Paul is announced to speak on th. subject of a “State -Board of Charities vs. a State Board of Control” on the open- ing evening, Friday, and there should be enough people interefted in learning about the matter to flil the auditorium. The Saturday afternoon meeting at the South Park Settlement will attract many. It is to be semi-social in its character, and after a discussion of “The Child Sickness” by these experienced in that work, a_ reception is to be held. e OFFICER J. L. CRACKBON DISMISSED FROM FORCE Police Commissioners Find He Was Not Justified in the Killing of Jose Pedro. Officer J. L. Crackbon was found guilty of a disregard of the rules of the Police Department and dismissed from the ser- vice last night. The finding by the board was as follows: Under the rules of the Police Department that the officer is charged with violating he would be permitted to fire under two states of facts, to wit: First, if his life is in danger; sec- ond, if it was necessary to stay the progress of an escaped felon. Neither of those conditions existed in this case. The board found that Crackbon had no reason to fear his life was in danger, so was not justified in using his pistol. It had been the intention of the board to suspend Crackbon, but the Commissioners were informed by the City Attorney that they had no power to suspend. There were three things left for them to de: Reprimand the officer, fine him or dis- miss him from the service. They did not feel justified in doing either of the first two 20 were compelled, much as they re- gretted it, to dismiss him from the de- partment. All the Commisisoners voted for Crackbon's removal, ADVERTISEMENTS. KIDNEY TROUBLES. Mrs. Louise M. Gibson Easily Cured by Lydia E. | Pinkham’s Vegetable Com- pound. “ DEAR MRs. PINxmAM : —I felt xlimnnfed two years ago, I had fered so with kidney troubles and other complications, had taken so much medicine without relief thas I to think there was no hope for me. Life looked so good to me, but what is life without health ? I wanted to be well. write you this, and six bottles was fll‘l took, has cured and is euring cases of female trouble.