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THE SAN FRANC ISCO CALL, DASLAND - JURY RETURNS OPEN VERDICT Fails to.Fix Blame for the Death of Mrs, Marsellis, Dr. Gladdirg Tells of Death- bed Statement Made to Him. —Out of a mass of and contradictory by physicians, the jury ig the death of Mrs. keley on May 16, rendered ht to the effect that the met her death as the result and consequent hemorrhage epatic artery, due an un- In this the jury supports Rowell and Dr. Payne, ysicians, who maintained of the inquest that d only arise as the re- but they fail to fix the perpetration of this vio- who refused at a former of the inguest to divulge the ad woman's deéathbed statement as to the cause of her death, was present after having patched up his differences with ner Mehrmann, and stated that Mrs. 114 | confession that her ili- te autopsy the firs such a rupture cof sult of violence, for the fied that the cause of his visit to the sellis house on the night of May 11 re to gain possession of his 1 some y, which Mrs. Mar- her possession. He denied ed either the dead woman He was certain that s not injured in the fight which took place and her husband that NO TRACE OF POISONING. George Colby, a chemist from University, who had made a 2 of the dead wom- ified that there were no present. the inquest were 2 formal reconciliation ehrmann and his for- Dr. Charles F. tney apologizad and Coroner eceived the fiery good graces. Coroner Mehrman uring any wi the doctor ittle stronger than Monday night. The 1 the consent of the the his en- He to him volu- g. who had taken day with defiance in at beside his former ] stions put IYING WOMAN’S STATEMENT. I 3 g's testimony revealed the statement that she had g and performed an She never mention- eceived in her scuffie s on the afternoon of r refterated his state- in the papers, th howed no bruises or de 3 brakeman on described the d with Mrs. Mar- but claimed that test of streng-h was not injured, her two children on her wrestling wa over. s heard, the jury retired f hour's deliberation ren- g verdiet: find that the name of the W. Marsellis, a native of 5 That she came Pablo avenue, Alameda County, SCHMITT, Foreman. Coey, D. S. Jungek, andsen, W. T. Gillihan. MRS. . M. SMITH DINES CONGREGATIONAL CHOIR Delightful Event Takes Place at Her Beautiful Home in East Oakland. ¥ 23.—Once every year e First Congregational ed by Mrs. F. M. beautiful home in East s ¥ the entertainment m of a dinner, which proved delightful affair. It took ning. The long table, on vers were laid for 56, was placed 1 y, which was tastefully red. Besides the members of *. R. Brown, and s were also pres- mos s eve who enjoyved the hospital- Mrs. Smith were: Miss Fannie Lawton, Miss Alex Stewart, Mrs. Alice V. Hathaway Mrs. ¢ Freeman, Miss Grace Fisher, Mise Helen B Miss Marion Horton, Miss Harriet Davis, Miss Alice Trask, Mrs. Madsen, Miss Alice ehead. Mrs. Lena C. ay Ferrel, s Elizabeth 8. Andrewe, Miss N. F. Henderson, Miss Jessie nsfield, Miss Harriet Sanborn, Miss Helen rt. Miss Martha Ba- . Mrs. Algernon Asp- Algernon Aspland, W. £. Huggins 7. ¥asgar, M Mise and Pettis, H. K. Snow, Char B. Andrews, Thomas S. Atherstone, Amos C. 3 Dingley. A_W. Moore. W. E. E. King _Holcomb, C. N. Burrell, A. Harry 1 g C. H Whitehezd, jam B. King, Alexan- art is director of the ———————— Breaks Ground for Mining Building. _EY, May 23.—Ground was day for the new Mining Build- i first of the edifices to be erected the Benard plans for the new contract was filed to-day ¥ Recorder between Mrs. t and the San Francisco “ompany for excavating the he new building, at a cost THE BREAKFAST CUP Can Bring Joy or Trouble. food Change and drink will some- times make over even elderly people and ore them to natural health. A man of 70 writes that at the age of 60 he began to break down and was a par- tigl invalid until 67, when he concluded that coffec was one of the prime causes of his sickness, and began using Postum Food Coffee in ite place with Grape-Nuts Breakfast Food and some fruit at his meals. He says: “Now at the age of 70 1 am as strong and hearty as T was at 50 I wouid not go back to my old mode of living for @ hundred thousand dollars.” This man was a pioneer in Illinois in 827, later on was an early settler in North Dakota. He requests that his name shall not appear in print. Name given by Postum Co., Battle Creek, Mich. nd with punishment for with- | ROSE SHOWERS - WITH DIPLOWMS Girl Graduates Celebrate Exodus From Head's School. Spell’s Seminary Has Exer- cises in Honor of Twenty- Third Year. BERKEL Y. May 23.—Amid showers of roses, nineteen girl graduates of Miss Head’s school in Berkeley received their diplomas to-day and said good-by (o school days. A unique feature of the af- was a Maypoie gracefully executed by s in dainty summer | ternoon’s performance dany which wa: little mis: graduation address which followed the invocation by Rev. George E. Swan as presented by Professor Leon Richard- n of the State University. Miss Marion Ransome, acting principal, then presented the diplomas, and thé exercises closed with a senior oration by Miss Mattie Mii- d the planting of a tree by the graduating class. voung ladies who were awarded di- ar Miss Roberta Deal. Miss Mary Gilbert, Miss | Leslie Walker. Miss Gertrude Taylor, Miss | Rose Kales, Miss Minnie Walker, Miss Mari Waterhouse, Miss Gertrude Whittaker, Mi Miss Pearl Jones, Miss O s Mary Fitch, Miss Phama: M s Kittie Bard, Miss Madge Kenne- Miss Margery Lynch, Ruby Richards, Miss Amelia Christy and Miss Florence Wil- ron Snell's Seminary celebrated the comple- tion of its twenty-third year yesterday a ternon. A programme comprising musical numbers and literary exercises was clev- erly rendered by the puplls of the school. There being no graduating class the en- | tertainment was left in the hands of the underclasses, which acquitted themselves | ay creditably. The programme was as fol- | iows Piano solo (Hascheman-Heller), Frederica nglish paper, The Story of a Califor- ,"" Laura almers: ~horus,” (a) “‘Sol- datenlied (b) ‘Schlummerlied recitation, Ick bin ein Kind,” Virginia Phiilips; recita- | tion, ““Der Suppenkaspar,” Lamance Hazel- tine; paper, “'Study of the King of the Golden River,” Margaret Hazeltine; piano solo, “Im- provisation” "(MacDowell), Katherine Graves; selection, “‘Der Strumvelpeter”; song, ‘‘Der Bauer,” ' primary class; English paper, “‘A * Eloise Shoe- ““The Story of a Doll,"” Hoffmann; recitation. "Baby Stars,” Smith, Margarey Roberts, Virginia lliot' Boke; plano solo, ' selections Katherine Newhall; “song (Mail- German cl concert recitation, ‘‘Ho- at the Bridge,’ intermediate depart- ft; rencs nglish paper, sent; English paper, “Character Sketch of Portia,”” Katherine Newhall; recitation, ‘‘Die Geschichte vom dummen Haenschen,” 'Eloise Shoecraft; song, Maikaeferlied.” German cla ndma’'s Visit,” Lizzie Rich; recitation. Srkennen,”” Katherine Graves; plano solo e”” (Bruell), Fra cis Chinn; recitation, “'In the Royal Acadel (Dok Helen Dornin; recitation, “‘Kentucl | Bel Shoecraft; song, “‘Die Wacht am Rb Tman class, | REFUSES LIQUOR-DEALER A CHANGE OF VENUE Judge Melvin Upholds Justice Fd- gar’s Decision in Berkeley Mile- Limit Cases. OAKLAND, May —The appeal of Mrs. Mary Thompson, who was convicted of selling liquor within the mile limits of the university, was argued by Assistant | District Attorney Walsh and Richard Lloyd in Judge Melvin's court to-day. Attorney Lioyd first attacked the decision of Justice Edgur of Berkeley, refusing | Mrs. Thompson a change of venue on th ground of bias, but Judge Melvin held that the point was not well taken. He then argued that Mrs. Thompson could rot be punished for offenses except those committed on the day named in the com- | plaint, holding that evidence of offenses | committed on other days could not be admitted. Judge Melvin took that gues- tion under advisement and will render a decision later. Two other appeals will be heard Monda: ————— GETTING READY TO LET MANY LARGE CONTRACTS Beaity Syndicate to Build Wharf at Emeryville and Two Ferry- Boats. OAKLAND, May 23.—It is announced that the Realty Syndicate will open bids on Thursday of next week at their office in San Francisco for the construction of a pler at Emeryville, which is to be the terminus of the Santa Fe system and the local street car system owned by the syn- dicate. The total length of the pier will be 16,000 feet, 3000 feet of which have been constructed. The contract will be let for | the remaining 13,000 feet. Specifications have been prepared for the two ferry-boats that are to be bullt, and the syndicate is pre)[)‘annx to let bids for their construction. The contracts for | the machinery have been let in the East, and it will be out here by the time the hulls are ready. —_————————— Two Alameda Weddings. ALAMEDA, May 23.—Miss Florence Hale of this city and John H. McDanlel of Tacoma were joined in wedlock last evening at the home of the bride’s pa- rents, Mr. and Mrs. C. E. Hale, 1838 Ala- meda avenue. Miss Louisa Hale, a sister of the bride, was mald of honor. The groom’s best man was George Ebright of San Francisco. The Rev. Frank 8. Brush of the First Presbyterlan Church per-| formed the marriage ceremony. Mr. and Mrs. McDaniel have gone to Tacoma, which will be their place of future resi- dence and where the groom is a practic- ing attorney. Miss Lillian Bélle Page became Mrs. George H. Blake last evening at the resi- dence of the groom’s mother, Mrs. Emma Elake of 2427 Central avenue. It was a pink and white wedding. The officiating clergyman was the Rev. E. P. Dennett. | The maid of honor was Miss Ada Blake and the ringbearer was little Irene Blake. | A reception and supper followed the mar- | riage. Mr. Blake is a prominent member of Company G of the National Guard of this city. His bride is the daughter of | Mr. and Mrs. F. E. Page of East Oak- Jand, The couple will make their home on Twentleth street, Oakland. —_————— Veterans Invited to Service. OAKLAND, May 2.—The Rev. E. R. Dille, pastor of the First Methodist Church, will conduct memorial services Sunday evening at the church, to which all war veterans have been invited. The general memorial day committee of the Grand Army of the Republic will be pres- ent in a body. e augie Students Meet in Spelling Match. ALAMEDA, May 23.—Four schools—the Mastick, Wilson, Haight and Longtellow— participated in ‘the semi-annual spelling metch _of the grammar grades held to- Gey. Each school was represented by a team of twenty spellers. In the final spell-down the Masticks won. —————— Policemen at Drill. OAKLAND, May 2.—Chief of Police Hodgkins has resumed a monthly drill in { military tactics of the police force. Thirty men were put through their paces this afternoon by Captain of Police Petersen. Later the manual of arms will be given. e DA S Thinks He Is a Bookkeeper. OAKLAND, May 2.—Jacob Lee Stur- SATURDAY, MAY 24, 1902. YOUNG MEN'S INSTITUTE WILL HOLD FIRST OUTING AT FERNBROOK PARK Combined Oakland Councils and One From San Francisco Prepare for Pleasant Reunion on June 19--Fine Pro- gramme of Games and Athletic Events Is Arranged Prexzrey AKLAND, May 23.—All the coun- cils of the Young Men's Institute in Alameda County and one coun- cil from San Francisco have com- pleted arrangements for an open- air reunion and joint outing to take place at Fernbrook Park, Niles Canyon, on Thursday, June 19. It will be the first time in the history of the order on the east side of the bay that these councils The forenoon will be given over mainly to sccial informal gatherings of the officers and members | of the various councils, their families and friends. During the afternoon a series of athletic events, in which the young and old, fat and thin, will be given an opportunity to display their prowess and win prizes will afford several hours of amusement. There will be dancing in the pavilion all day, Comprising the joint committee direct- ing the arrangements and details of the — ) 4+ HMAUSSLER PHOTO will come together in a fraternal and fes- tive celebration, and the event promises to be a merry and memorable one. Fernbrook Park was selected as the best and most convenient resort for the big, rollicking rally and-peunion because it is centrally located with respect to the councils interested. Those councils are Oakland 6 and American No. 8, both of Oakland; California No. 24 of Alameda, Alameda No. 47 of Livermore and Wash- ington No. 4 of San Francisco. Large delegations of institute members, their relatives and friends, are assured from Midway, Altamont, Livermore, Pleasan- ton, Niles and Mission San Jose, and larger delegations from _Oakland, Ala- meda, Berkeley and San Francisco. Pro- vision has been made with the Southern Pacific to comfortably transport the mul- titude to and from Niles Canyon on June 19 and with the management of Fernbrook Park to furnish every accommodation for the pleasure of the many who are ex- pected to attend. The programme for the day will be in the hands of a numbcr of sub-commit- tees chosen from the joint committee hav- ing the affairs of the reunion in charge. BURY GOMRADE DURING BLIZZARD Nome Miners Lost for ‘Weeks in the Wil- derness. Special Dispatch to The Call. SEATTLE, May 23.—Aboard the steamer Excelsior, which arrived here this morn- ing from the north, were Charles E. Lowe and John Griswold, miners. Gris- wold had not left his berth from the time the steamer left Juneau until he was car- ried into an ambulance this morning and taken to the hospital. His hands and feet had been frozen. One of Lowe’s feet had had been frozen, but-he was able to walk and assisted in the removal of his invalid companion. These men are two of a party of three that started from Nome some months ago in an attempt to reach the outside. While progressing through the northern country in the region of the Kuskokwim they were overtaken by a blizzard and lost their way. They wandered about for days, exposed to the fury of a blinding snowstorm and a temperature that reached 30 degrees below zero. Occasion- ally one or the other of them would be overcome by an intense desire to sleep-— that Arctic drowsiness that knows no awakening—and only by pinching one an- other and resorting to the sternest of measures were they able to ward off the fatal stupor. Finally their food gave out and for days they went hungry. Starvation then com- pelled them as a last resort to sacrifice and eat their dogs. One by one the hus- kies were killed and eaten. But the plerc- ing winds continued, and exposed without any shelter as they were their suffering was Intense. They were near Tiklik Lake when thne severest storm was encountered. It was while there, on the 6th day of April, that one of the party, Dr. Robert Miller of Whatcom, died. The two survivors built a crib as best they could and placed the body of their companion in it, tenderly covering it with frozen twigs and boughs. For weeks the other two men trudged on, nursing what little strength they had left with a daily diet of dog's flesh, They finally reached civilization, more dead than alive, and after days of careful nursing were_able to board the steamer Excelsior at Juneau to come to Seattle. Lowe left for Whatcom to-night. where he will relate to Dr. Miller's relatives the story of suffering and death. — e TREASURY DEPARTMENT . TO PAY BIG CLAIMS Comptroller Renders an Important Decision in a Porto Rico Duty Affair, WASHINGTON, May 23.—The Comp- troller of the Treasury has rendered a gill, a laborer, was taken to.the Receiv- ling Hcspital this afternoon for examina- tior: on a charge of insanity. He thinks ke is a bookkeeper. decision in which he construes the act of April 29, 1902, as making an appropriation for the payment of claims against the Government growing out of the payment (.F.0'BRIER oAmEs PrioTe - - = MEMBERS OF THE COMMIT- TEE OF ARRANGEMENTS FOR Y. M. I. PICNIC. o> + of duties to the military authorities on articles brought into Porto Rico from this country upon judgments against the Unit- ed States and from which the United States has not appealed. Phese judgments, which will ultimately aggregate about $800,000, will be paid upon presentation to the Treasury Department after the right of appeal has expired. This right expires after ninety days from the date of judgment. HOTEL ARRIVALS. NEW WESTERN HOTEL. J McCormick, wf und‘E J Baldwin, wf, L A child, Alton [Mrs A J Kall, Los Ang Miss A Compton, Spok|G A Reed, N Y J G Safler, wf, PortindH Berger, Denver J H de Force, Astoria W S Byers, El Paso C E Robinson, Ark |C B Dentworthy, Mod ‘W Larson, Spokane J Cobbledick, wf, Can J Reld, Astoria |J O Maldonado, Tucson W Clark, wf, Los AngJ J Maldonado, Tucson A Davis, nver |3 M Curry, wf & lady, A, Pellegin, San Diego| Topeka, Kans J'M King, Cairo, 1l S N McEride, wf, Mod Miss Roney, Los Ang |F E Hammond, Kan C Mre Sheridan, Buffalo (W C Rohmeyer, Canton O Bratcher, Angel 1slJ McSarley, San Diego P Merasla, King City H A Bateman. Seattie R Kyle, wf, Log Ang’ |J Rogers, Eureka E G Smith, N Y Mrs M Righy, Bureka J F Hitehcock, N Y |Miss M Hicks, Eureka T H Badollet, Reno W W Hawkins, Pa L Hull, Vancouver, W B Horn, Pa E F Young, Paso Rob[L M Dalrymple, Sacto Miss E Kendall, Fresno —_———————— Late Shipping Intelligence. ARRIVED. Friday, May 23. Stmr Aberdeen, Higging 57 hours from As- o ear Homer, Donaldson, 50 hours from Til- I erge .Santa_Paula, McGovern, 50 hours from Ventura, in tow tug Rescue, Schr Jennie Griffin, Campbell, § hours from Point Reyes. S . Friday, May 23. Stmr Noyo, Ellefsen, Fort Brage. : RETURNED, 2 Friday, May 23. Schr Eureka, Schou, hence May 13, for Fu- reka, returned on account of springing a leak. § . DOMESTIC PORTS. SEATTLE—Sailed May 22—Stmr City of Se- attle, for Skagway. 5 ASTORIA—Salled May 23—Stmr Despatch, for Redond o. AND—Salled May_23—Stmr Iaqua, for P airy: sty Geo W Eider. for Franeisco; sschr Mary Dodge, for Mahukona; ‘stmr Ventnor, for Hongkong. TACOMA—Sailed May 23—Am ship Dashing Wave, for Vancouver. B OCEAN STEAMERS. LIVERPOOL—Sailed May 23—Stmr Ultonia, or Boston; stmr Celtlc, for New York, via an/| Hatman and E. Avis BAscn smove - union outing, and of which M. A. Mcln nis is chairman, are the following repri sentatives from the five councils con- cerned: ‘Washington No. 4—President, W. J. Davis; D. J. Hennessy, J. M. Ross, T. Walsh. Oakland No. G—President, George P. R. Clark; L. P. Snaer, J. F. McVey, M. A. Mc- Innis. American No. 8—President, M. R. Bronner; J. J. Burke, A. J. Flynn, J. H. Long. California No. 24—President, J. F. O'Brie V. A. Dodd, J. H. Schoiten, J. P. Wright. Alameda No. 47—President, Frank Mul- queensy; William P. Martin. © il @ WILL ROOT 0UT MAGKENZIEISM Santa Clara County Re- publican Alliance Is Formed. Special Dispatch to The Call. SAN JOSE, May 23.—Steps were taken this evening which mean the annihila- tion of the Mackenzie forces .throughout Santa Clara County. At a large and en- thusiastic meeting of Republicans the Central Republican Alliance of Santa Clara Courty was organized in opposition to the Santa Clara County Republican League. Club. The alllance starts with a membership of 165. Its object is declared to be “to promote the best interests of the Republican party in national, State and local affairs”; but back of this there is strong antl-Mackenzie feeling, and the organization will fight the boss to a fin- ish, Branches,K are to be organized throughout Santa Clara County and espe- ctally will, the alliance invade the pre- cingts where are Republican League clubs controlled by Mackenzie. The following officers were elected: President, D. F. Graw; first vice presi- dent, J. S. Gage; second vice president, D. F. Dinsmore; secretary, E. G. Perkins; corresponding secretary, Dr. A. G. Ben- nett. The Mackenzie push, which was so com- pletely routed in Monday’'s election, is to make a stand in the last ditch by con- tesfln%‘ithe election of, the three Counci men—H. D. Mathews, Patrick Murray and A. L. Hubbard. Attorneys have been consulted, and through section 9 of article I, chapter 2 of the charter Mackenazie hopes to retain control of the Council for another vear. If this could be done he would be able to head off all nominations made by Mayor-elect Worswick by hav- ing the Council refuse confirmation. The section in question is as follows: The members of the Common Council chosen at the general municipal election in 1898, if prior to that time this charter shall be ap- proved by the Legislature, shall so classity themselves by lot that three of them shail hold from the date-of their election and quali- fication to the first Monday in July, 1802, and two of them from the date of -théir election and qualification to the first Monday in July, 1900 If the first genmeral municipal election be not held until April, 1808, the Counclimen clected shall so classify themselves that three of them shall hold from the date of their elec- tion and_qualification to the first Monday in July, 1903, and two of them from the date of their elaction and qualification to the first Moaday in July, 1901 ° When the new charter was adopted in 1895 the Councilmen then elected drew lots to determine their terms under the pro- viso made in the foregoing section. & ¥ . Chase . drew short terms and James D. Miner, J. W. Macau- ley and Rogers long terms. The provision made in section 9 for two Councilmen holding to 1901 and the re- maining three to 1 was overlooked or eise passed over, as it was regarded as an error. In 1900 D. A. Porter and Joseph Cherrie were elected Councilmen under the first sentence of the section. In the MILK AND MONEY |CITY ESEAPES 15 THE PLUNDER Trio of Higfiwaymen Hold Up Dairyman in Hast Oakland. At Pistols’ Point Barton Smith Is Relieved of Belongings. Oakland Office San Francisco Call, 1118 Broadway, May 25. A trio of footpads held up Barton Smith, a one-armed milkman, at 4 o’clock this morning on Park avenue, between East Tenth and East Eleventh streets. Two of the highwaymen pointed pistols at the dairyman’s head, while the third one held his horse's head. Smith parted under the pressure with $3 50, and as the robbers departed they carried off a can of milk, which they took from their vic- tim’s wagon. g Smith had completéd his rounds for the night and was driving toward home at Fruitvale. While his horse was jogging aleng Park avenue the three highway- men stepped into the street, one grabbing the horse's bridle, his companions order- ing Smith to get off the seat. The driver did not hesitate, for he saw two revol- vers aimed at his head. Quickly his pockets were searched and, that job finished, Smith was ordered back to his wagon and told to drive away quickly and not to turn around. The milkman obeyed, but instead of continuing home he drove to the police station and reported the occurrence. He could give only a meager description of the men who robbed him. MARY ELIZABETH LEASE OBTAINS HER DIVORCE Former Kansas “‘Stateswoman” Leaves Husband After Thirty Years of Marital Life. WICHITA, Kans., May 23.—Mrs. Mary Elizateth Lease, formerly Kansas politi- cien and ‘“‘stateswoman,” but now an author and reporter in New York, to-day secured an absolute divorce from her hus- band and was given the custody of three minor children. The divorce was granted on grounds of neglect and desertion. The parties had been married thirty years. Mrs. Lease claims to have always supported herself. The Leases have lived apart for ten years. Politics is said to have separated them. Lease is a druggist here and takes no interest in public affairs. He did not appear in court this afternoon. The trial lasted fifteen minutes. An effort was made to keep Mrs. Lease's presence here a secret and also the trial, but both schemes failed. She says she will not re- marry. AR S, i TRCLLEY-CAR WRECK TERMINATES TWO LIVES Many Passengers Are’ Hurt. EASTON, Pa., May 23.—Two men were killed and many men and women injured in a trolley wreck a few miles beyond Faston at midnight last night. The dead re: *EDWARD COMMODORE, Nazareth. JOSEPH DERHAMMER, Easton. An Easton and Nazareth car left this city shortly before midnight, carryine eighty-nine passengers. On a steep hill in Palmer Township the brakes refused to work and the car ran away, descending the incline at terrific speed. At the foot of the hill, on a sharp curve; the car jumped the track and fell on its side. e Governor Toole Remains Firm. HELENA, Mont.,, May 23.—Governor Toole, who arrived home to-day from Washington, D. C., where he went to at- tend the ceremonies incident to the inter- ment of the body of his father-in-law, General Rosecrans, denies the report that he has changed his attitude on the mer- ger question. ““The only basis for the pub- lcation,” said the Governor to-day, “‘was a statement by me that, inasmuch as four cases were now pending to test the validity of the merger, Montana, for the present, would be content to await the result, and for the future she would be guided by the facts as they were devel- oped.” At L R Nominations by the President. ‘WASHINGTON, May 23.—The President to-day sent the following nominations to the Senate: Army, Artillery Corps—First lieutenants, Frank E. Hopkins, J. W. C. Abbott, John McBride, Jr., Frank J. Miller, Charles L. Lanham, Albert U. Faulkner; Willis R. Vance, Harry W. McCauley and Charles M. Bunker, all at large; Homer B. Grant, Massachusetts; Harrison 8. Kerrick, Illinois; John Johnston, Indiana; Francis W. Ralston, Pennsylvania; Cleveland C. Lansing, Vir- sinia. . Py Foresters’ Controversy Is Settled. DENVER, May 2.—After a long wrangle, characterized by some bitterness, over the question of whether Colorado was in the Atlantic or Pacific jurisdiction of the Ancient Order of Foresters, the Denver courts have got together and set- tle¢ the dispute by consolidating all the lccal bodies into one big organization— the Defiver Court—and starting out with a charter issued by the authority of High Chief Ranger E. A. Hayes of the Atlantic jurisdiction, approved by the High Court of the World at Barrow-in-Furness, Eng- lard. Kiils His Sweetheart and Himself. SOUTH BEND, Ind., May Z.—John W. Churry, aged 31 years, a carpenter, shot and killed his sweetheart, Susanne Kees- kemeti, aged 16 years, early to-day and then shot himself with the same revolver. The couple evidently had planned to die together. They apparently had laid on the ground beside each other. The man then placed the 38-caliber revolver over her heart and fired twice. He then shot himself in the mouth. There was no indi- cation of a struggle. No reason for the tragedy is known. g Traveler Mysteriously Wounded. GRAND JUNCTION, Cclo., May 23.— Captain Jack Sumner, who left this city on Tuesday for Utah, was found about ncon Wednesday near the town of Green River in an unconscious condition. He was brought to this city last night and taken to St. Mary’s Hospital. Dr. Han- sen was cailed and found that he was suftering from a serious wound in the groin. Word from the hospital this even- ing is that the Captain is resting easy and will probably recover. A e L 0 Beaumont Invites the President. BEAUMONT, Texas, May 23.—A. P. Childress, secretary of the Beaumont Ofl Exchange and Board of Trade,to-day sent the following telegraphic invitation to the President: ‘“Beaumont, whose phenom- enal oll gushers have given her fame and prestige worldwide, extends a most cor- dial and pressing invitation to the na- tion's President to include her among the cities he will visit in his proposed trip to Texas.” & @ ieirimieieiniei i e el e @ election ordinance prepared this year City Attorney Partridge copled the one of 1900 and the election of three Counecilmen vas called for. Two years ago it suited ckenzie because he was the victor. Now that Mackenzie is beaten he is a tempting to” invalidate the election of guu&eflmen Mathews, Murray and Hub- AT ALL LIABILITY Alameda Pays Nothing for Causing Death of Mrs. Davoust. Municipalities Not Subject to Laws That Govern Other People. Oakland Office San Francisco Cail, 1118 Broadway, May 23. The city of Alameda has escaped all lia- bility for the death of Mrs. Edith M. Davoust through the alleged careless ad- ministration of the municipality’s electric lighting system. Judge Greene nonsuited Martiai Davoust, the aggrieved husband, to-day because there is no State law that specificaNy says municipalities are liable for the neglect of their agents. Judge Greene held that in the absence of a statute expressly stating that citles must be held accountable for the acts of their agents in the commission or omis- sion of their duties lability for damages cannot attach to the city. In providing for public improvements a city is employ- ing the money of the inhabitants to af- ford them necessary utilities. Attorney Nusbaumer, for the plaintiff, contended that the city in this case had entered into the business of selling light to private persons and therefore. it was on the same level with other private con- cerns. He urged that the city then as- sumed control and direction of a publie improvement and that it assumed with it the responsibility connected therewith. Judge Greene, however, did not recede from the position he assumed early I the argument and granted the nonsuit prayed for by Attorneys Simpson and Chapman. CENTRAL BANK PUTS IN A COUNTER CLAIM Charges Oliver With Incompetency. Courts Settle Matters of Dispute Amopg Litigants. OAKLAND, May 23.—The Central Bank replied to-day to the $2500 damage suit of D. F. Oliver for architects’ fees by chars= ing the plaintiff with incompetency and putting in a counter claim for $500 dam- ages. The bank alleges that Oliver's plans for the refitting of the Central Bank building were bungiing and that it cost $500 to have the work readjusted. Mrs. Katherine Barlow, executrix of the will of Winifred Crowléy, was cited explain why she does not render an in- ventory. The deceased’s son complains of her. Isaac Kowalsky withdrew his suit against the Oakland Transit Consolidated after the corporation paid him $500. He was hurt in a collision and sued for $25,000. John H. Valerga, one of the family of singers, began suit to-day against his wite, Jessie E. Valerga, for divorce on the ground of intemyperance. Divorces were granted to John Bridge from Marie Bridge, Emma G. Black from W. G. Black, Mary A. Detels from Eu- gene J. Detels, all on the ground of de- sertion. ———— ALAMEDA MAIL-CARRIERS PERFECT ORGANIZATION Officers of a Newly Formed Branch of the National Association Are Installed. ALAMEDA, May 23.—Roland M. Roche, State vice president of the National Let- ter Carriers’ Association, installed the of- ficers of the newly formed local branch of the organization in Odd Fellows’ Hall last night. He was assisted by C. D. La Fentaine, president of San Franeisco Franch No. 214. There were present a number of visitors from Oakland, San Jose and San Francisco branches. After the conclusion of the ceremonies of in- stzllation a banquet, at which Perey R. Fox presided as toastmaster, was held. The officers of the local branch of the Letter Carriers’ Assocfation introduced into their positions last night are; Presi- dent, Percy R. Fox; vice president, J. H. Fleyd; secretary, P. H. Smith; treasurer, Peter Nelson; sergeant at arms, E._ J. Jarratt; trustees—W. C. Forsyth and E. J. Renneli. ————— Licensed to Marry. OAKLAND, May 23.—A license to marry was issued to-day to Joseph Baitx, aged 26, and Yvonne Berit, aged 26, both of Oaklard. JUDGE CONLEY NOT TO SEEK THE NOMINATION Madera Man Curbs His Aspiration to Obtain a Seat in Congress. MADERA, May 23.—W. M. Conley, Judge of the Superior Court of this coun- ty, wno has been mentioned as the Demo- cratic candidate for the nomination for Ccongress in this district, has withdrawn from the contest. He sald to The Call ccrrespondent to-day that he was im- pelled to this step by his many friends in this county, who wished him to serve out his term as Judge. John M. Griffin, Democratic candidate from this county for the Senatorial nom- iration in the Twelfth Senatorial District, has also withdrawn. The. impression is prevalent here that the real reason for Judge Conley’s drawal is the opposition of a Democral faction that is working hard to prevent Judge Conley controlling the county con vention. —_— Forest Fire Causes Alarm. CANON CITY, Colo., May 23.—A forest fire on Sheep Mountain north of this city, burned flercely last night and caused apprehensions for prospectors who are working in that region. The fire subsided to-day and it was learned that all the prospectors are safe. FREE! FREE! Saturday, May 24, 1902, with avery 50c purchase or over, we give free one WIZARD TOP. These togs on “sale 10c each. Peruna, 85¢ bot., 4 for. Pinkham Co., T5e bot., 4 for. Eagle Condensed Milk Duffy Malt Whisky. Cutter's A1 Whisky. THE DRUG OSGOO CUTTER \Seventh St. and Broadway, Oakland, Cal