The San Francisco Call. Newspaper, July 9, 1902, Page 4

THE SAN FRANCISCO CALL, WEDNESDAY, JULY 9, 1902. GAGE SECURES FURTHER DELAY IN THE TRIAL OF THE PROPRIETOR AND THE MANAGER OF THE CALL ON CHA "RUFE” TURNER 10 FIGHT GANS J Stockton Lightweight Will Have a Shy at the Champion. His Showing With Lewis of New York Gives Him Confidence. Turner, the Stockton lightweight make a bold bid for the mpionship. He has agreed to fifteen rounds before the , on the night of the is will be the eve of the -Fitzsimmons contest, and is ex- t act many of the sporting here at that ttme. between the two colored men a good one. Turner seems at | ow and will show off Gans' to good advantage. He is fresh, and a clever boxer, and. should »n a harder argument recent opponents. Tur- fig as with Lewis, the | whom he stopped in two ish himself at Croll's ile Turner the day of fight scheduled_for | limit allowed in Oak- ve agreed to weigh 135 ide FHILADELPHIA SCORES TWENTY-TWO TALLIES Each Nine Uses Three Pitchers, All of Whom Are Hit Hard Except Waddell. AMERICAN LEAGUE. y 8—To-day's game was the | g maich ever played on the n this city. Three pitchers am and all were batted Attendance, 3611. Score: R. H E 9 18 2 . 22 27 3 foung, Adkind and Cri- e, Powers and 8. —St. Louis won a double- to-day. In the first game Burkett off the grounds Scores: R H E | 5 12 o . .es & 9 o Harper and Donchue; Miller, | low and McGuire. H E. 1 0 8 0 and Donohue; Mercer | 8.—Baltimore defeated venth inning of to-day’s R H E 8 13 1 - ¥ B and Robinson; Orth and | rke EVELAND, tele to-day. July 8.—Chicago won & pitch- ers Score: R. H E Cleveland 1 8 3 Chicago o e Batteries—Berohard and Bemis; Garvin and nd McFa NATIONAL LEAGUE. 8.—New York and Chicago batties to-day, each | Scores: | "HICAGO, July tchers ut R H B .0 6 3| 1 L] 1 Matthewson R H E g4 3 0 4 8| d of seventh inning on ac- <ling; Taylor and n. ¥ 8.—Chesbro was too much e hits so well scat- | ne. Score: | R."H. E | 5 11 o .0 6 0 nor; Fraser and ATIL July 8.—The Cincinnati and yed an eleven-inning game RN .E 5 15 S B Kitson and —Power and Brown. 8.—Two games were k this afternoon and Bos- Sco; jes—Wicker and Rya Umpire—0’ Day LLADDIN FINISHES FIRST IN THE DREXEL STAKES | The Bennett Colt Leads Out Hunter Raine and South Trimble at Washington Park. July §.—Washington Park sum- ADVERTISENENTS. SENT FREE T0 MEN! 4 Most Remarkable Remedy That Luickiy hestores Lost Vigor 10 Men, £ Free Trial Package Sent by Mail 10 Al: Wno Write, trial packages of & most re write o the State Medical Institute red so many men who had bay. amst the mental and of lost manhood that decided to distribute free all who write. It is g and all men who suf- m of sexual weakness n youthful folly, premature th and memory, weak bacic emaciation of parts, cay mselves at home. 7 The remedy has a pecullarly graterul ree effect of warmth, and Seems oo go rect to the desired location, ‘givios #trength and development just where it Is needed. It pures all the ills ang o colt Lies that come from years of misuse ar the matural functions. and has been o absolute success in ail cases. A re to the State Medical Institute, 825 Bice: tron bullding, Fort Wayne, Ind., sl‘:li_ ing that you desire one of their free tria mpt- ruckng(—; will be complied with pro; y ching The institute is_desirous of rea. that great class of men who are uie sble to leave home to be treated, ang ihe free samples will enable them to see how easy it is to be cured of sexual weakness when the proper remedies are emvleyed. The institute makes no restric- . Any man who writes will be sent & ‘ree sample, carefully sealed In a plain peckage, 50 that its recipient need have go fear of embarrassment of pubiicity. eaders are requested to write without | opponent from the first. | H. Cloutte, TITUS FAVORITE FOR THE SGULLS American Oarsman May Win the English Classic. Henley Coronation Regatta Continues Under Good Conditions. HENLEY, July 8.—Given a continuance of the prevailing fine weather the corona- tion Henley regatta promises to be a record breaker from the view point of those who regard it as a society picnic. Launches, drags, motor cars and trains emptied a great concourse of people at the riverside to-day and the town ac- commodations were taxed to provide shelter even for those willing to pay the exorbitant charges. The heat was oppressive, the sky was cloudless and there was little movement in the air. Consequently everybody able to obtain any kind of craft was on the river. The Americans’ interest in the regatta was enhanced by the fact that a rumber of their countrymen were mem- bers of the various English crews. D. Milburn of Buffalo, N. Y., rows No. 3 in the Leander crew and Jack White, son cf Henry White, secretary of the United States Embassy, pulls No. 3 in the Eton crew. heat, Grand Challenge cup—Leander Rowing Club beat the Kingston Rowing Club easily by a length and quarter. Time, 7:34. d heat—Argonaut Rowing Club of To- at University College, Oxford, by two and a quarter lengths, Time, 7:25 ‘lub Third heat—London Rowing beat Thames Rowing Club by a length and a quar- ter. Time, 7:58. Fourth heat (first of the day) for the dia- mond sculls—C. S. Titus, Union Boat Club, New York, beat W. W. Field of Oxford by three lengths. Time, 9: This race attracted the most attention, as the result was expected to show the Americans’ chances of carrying off the coveted trophy. Titus’ easy victory over Field, holder of Oxford University sculls, has increased the alarm for the safety of the diamonds. Titus, who was in the Berks Station, had the measure of his The Oxonian stuck to his work manfully for three- quarters of a mile. At Fawley Court, ralf the course, Titus was only a foot ahkead, but thence the American drew further and further away, - Field being 'mpletely exhausted. Titus' performance made such an impression that even money \\as1 laid on his winning the diamond sculls. Fifth heat, diamond sculls—J. Beresford of Kensington Rowing Club led his opponent, St. George Ashe of the Thames Rowing Club, from the mark, and paddled in the easiest of win- ners in nine minutes. Sixth heat, diamond sculls—R. B. Ethering- ton-Smith beat H. T. Blackstaffe easily. Time, 9 minutes 1 second. Seventh heat, diamond sculls—E. S. Kelly of Balliol Coliege, Oxford, easily defeated A. London Rowing Club. Time, 8 minutes 4 seconds. First heat, Thames challenge cup—Thames Rowing Club beat London Rowing Club by three lengths. Time, 8§ minutes 16 seconds. Second héat, Thames challenge cup—Trinity College, Dublin, beat Molesey Boat Club by a length. Time, 7 minutes 45 seconds. First heat, ladies’ challenge plate—Radley College Boat Club beat Jesus College, Cam- bridge, by & length. Time, 7 minutes 37 sec- onds. Second heat, ladies' plate—University College, Oxford, beat King's College, Cambridge, by four and a quarter lengths. Time, 7 minutes 6 seconds. First heat, Wyfold challenge cup—Kingston beat Thames by three-quarters of a length. Time, 8 minutes 53 seconds. Titus rows Kelly of Palliol College, Oxford, to-morrow First heat, for the silver goblets—Ward and Third Trinity, Cambridge, beat Som- -ombrugge, Club Nautique of Ghent. inutes 45 seconds. Zibia second, Rubus third. Time, 1:18. Second race, one mile—Vuicain won, Bronze Wing second, Fairbury third. Time, 1:47 3-5. Third race, the Drexe] stakes, for three-year- olds, $2000 added, one mile—Aladdin won, Hunter Raine second, South Trimble third. Time, 6 one mile and fifty yards—Ed dack won, Ben Chance second, Lady Chorls- r thicd Time, 1:50. Fifth race, six furlongs—Gold Bell won, Leudin second, Glendon third. Time, L8 i-. xth race, one mile and fifty yards, selling iyn Byrd won, tton second, Vin- cennes third. Time, . NEW YORK, July S.—Brighton Beach sum- mary. First race, six furlongs—The Amazon won, Belle of Lexington second, 1:13 1-5. Star of the West vear-olds, selling, five Fort Wayne sec- Time, 1:00 3-5. ace, one mile and a furiong—Biues igent second, The Military third. urlongs—Cinquevalli ond, Yardarm third. Third won, Th <ime, 1 5 Grth race, the Jamaica stakes, selling, one mile and a sixteenth—Ethics won, Kilogram second, The Rival third. Time, 1:45 4-5. Fifta race, for two-year-olds, six furlongs— First Born won, Prediction second, Atheiroy third. ~Time, 1:i3 2-5. Sixth race, for three-year-olds and upward, selling, one mile and a s'xteenth—Potente won. Henry Clay Rye second, Lone Fisherman third. 3-5. , Mont., July 8,—Results: First race, five and a half furlongs—Blanche Sheppard won, Aunt Mary second, Chapple third. Time, 1:10 Second race, .ve furlongs—Cathello won, Jennie Hughes second, Budd Wade third. Time, 1:02%. Third race, one mile—Kitty Kelly won, Me- Nemara second, Katle Wolcott third. Time, “Fourth race, five and a half furlongs—Feb- race, seven furlongs—Portus Halmetta second, Royalty third. Time, Sixth race, won, 30%. three furlongs—Judge Thomas won, Queen T second, Abba L third. Time, ST. LOUIS, July 8.—Delmar summary: First race, five furlongs—Nimble Nag won, Harry Griffith second, Harold Parker third. Time, 1:03. Second race, six furlongs, Wagner won, Satchel second, Time, 1:16. Third race, six furlongs, selling—Sir Chris- topher won, Weird second, Verlfy third. Time, 1:16%. Fourth race, one mile, purse—Salve won, Dewey second, Brewer Schorr third. Time, 1:41%. Fifth race,_six and a half furlongs—Joe Martin won. Four Leaf Clover second, Lunah third. Timé, 1:21%. Sixth race, one and an eighth miles, selling —W. B. Gates won, Federalist second, Tickful third. Time, 1:55. BUFFALO, July 8.—Fort Erle summary: First race, six furiongs—Bob Baker won, 101:,!,5 Brooks second, Little Chico third. Time, “Second race, four furlongs—Heroine won, Hallucination 'second, Enhance third. Time, selling—Louis Madabel third. Third race, six and a half furlongs—Taxman yom, Carrie O second. Cad Hazel third. Time, “Fourth race, six furlongs—Oconee won, Ara- chue second, Ecome third. Time, 1:16%. Fifth race, five furlongs—Spinet won, Ol Souls second, Sir Gallant third. Time, 1:023. Sixth race, one mile—Sprung won, Opununtia second, Brissac third. Time, 1:428. Trotting at Detroit. DETROIT, July 8.—Windsor summary: 2:17 pace (unfinished Monday)—The Roman won three straight heat: Time—2:12%, 2:10%, 2:14. Prince Selma, Sybil H, Nut Bear- ©r_and Silver Heir also started. 2:15 pace—Frank won three straight heats. Time—2:10%, 2:128. 2:12%. Major C, Miss Delmarch, Schiey Pointer, Biack Joe, John H, Juckmont, Don Sphynx, Jjapo Jr. alsg started, 2123 trot—Wentworth won second, third and fourth heats and race. Jurash was withdrawn ter winning first heat. Time—2:15%, 2:14%, 5%, 2:15%. Miss Brock, Judge Cullen, Dalton. McCarthy and W J also started. (PSinl match race, trotfing-—-Dan Patéh won v eats and race from Harold H. Time2:00%, 210 5 : pace—Irene McGregor won second, third and fourth heats and race. " Almwed [ | OVERNOR GAGE has at last dropped the mask which he has worn ever since he announced that he was very anxious to have his record lnvestlgated and has He took refuge behind a legal technicality yes- terday and secured the delay in the proceedings brought by Louis P. Boardman against John D. Spreckels, proprietor, and W. S. Leake, Manager of The Call. “Anxious-to-Be-Investigated” Gage, through his attorney, A. A. Moore, effectually clogged the wheels of justice yesterday by securing from Judge F. J. M’ura.sky an alternative writ restraining Judge Fritz from proceeding with the trial of Messrs. Spreckels and Leake on charges preferred against them by Boardman. The writ is made returnable before Judge Sloss Friday at 10 A. M. appealed to the law for delay. RGES THAT HAVE BEEN PREFERRED BY ATTORNEY BOARDMAN Wrrit Is Issued Prohibiting Police Judge —_— itz From Proceed- Fr ing With the Trial of the Editors. HE sincerity of Gage's claim that he is most anxious to have his career | as Governor investigated is shown | to be without the least semblance of | depth by the move made by him yes- j terday in suing out a writ prohibit- ing Judge Fritz from proceeding with the trial of the libel suit against J. D. Spreckels and W. S. Leake. He preferred criminal charges against Mr. Spreckels | and Mr. Leake at Wilmington Township, crying as he did so, “I court investiga- tion.” Perhaps he did, but he was not in a| hu; to .get investigated, for when | Louis Boardman, a citizen of this State, | preferred charges against Mr. Spreckeis | and Mr. Leake and had them arrested for ! attacking the name of the executive of | the State, Gage commenced fighting shy | of the examination into the doings of himself and his appointees. He objected to the trial being held in | San Francisco and charged Boardman with being in collusion with his alieged traducers. “Investigate me at Wilming- | ton or not at all,”” became the cry of Gage and every effort of his army of | legal advisers was bent in that direction. | TO SECURE DELAY. | The action taken yesterday was an at- | tempt to secure a delay. It succeeded | and the investigation is estopped for at | least one week. The writ was issued on | a plea made by Gage's attorneys, backed by affidavits bearing Gage's signature, in | which it is claimed that Judge Fritz has not the power to proceed because the ac- tion brought by Gage at Wilmington acts as a bar. Gage's affidavits showing the alleged | reasons for delaying the trial of the| Boardman case embrace twenty-three pag:s of typewritten matter and are a complete recital of the legal steps taken ! by kim since the filing of his complaint. | The complaint filed by him at Wilming- | ton, the warrant issued thereon by Judge | Downing and. the proceedings had in this | city before Judge Fritz are all incorpo- rated therein, They are signed by Henry | T. Gage and A. A. Moore and W. W.| Foote as his attorneys. | Judge Murasky as Acting Presiding Judge issued an alternate writ of pro- hibition returnable before Judge Sloss Friday at 10 a. m. = Attorney for Governor Gage Gets Writ on Plea of Collusion. The petition for the writ of prohibition was presented to Judge Murasky for his signature by Attorney A. A. Moore early yesterday afternoon. Immediately after it was signed the document was filed with the County Clerk and later sent to the! Sheriff’s office for service upon Judge Fritz. The petition and the accompany- ing affdavits are as follows: Henry T, Gage, being duly sworn, says: I am now, and for more than twenty years last past continuously, 1 have been a resident of and residing in the county of Los Angeles, State of California. On the 14th day of June, A. D 1902, H. C. Downing was, and he is yet, a Justice of the Peace of Wilmington Town: ship in the county of Los Angeles, State of California. On the said 14th day of June, 1902, the said H. C. Downing, Justice aforesald, was in the discharge of his duties as such Justice, and as such Justice so actinx. On the sald ldth day of June, 1802, affiant appeared before the said H. C. Downing, Jus- tice of sald Wilmington Township in said coun- ty and State, and before the sald Justice made complaint under oath, in and by which said complaint affiant accused and charged one John D. Spreckels and W. S. Leake, alias Sam Leake, with the crime of publishing and circu lating in said county of Los Angeles a mali- cious libel and distorted pictures and defam- ation of and concerning affiant. The gaid | complaint and information was then and there | in writing signed and subscribed by atflant and sworn to_on the said 1ith day of June, before the sald H. C. Downing, Justice of the Peace of Wilmington Township, in said State and county, On the 14th day of June, 1902, and after making and filing of said complaint hereinbe- fore set forth, the said H. C. Downing, Justice of the Peace in and for Wilmington Township, in sald county and State, issued a warrant com- manding and_directing that the said John D. Spreckels and W. S. Leake be forthwith ar- | rested and brought before him at his office at San Pedro, In sald township, county and State, or, in case of the absence or inablity of said Justice of the Peace to act, then be- fore the mearest or most accessible magistrate in Los Angeles County, | Thereafter, on the 19th day of June, 1902, the said W. A. Hammel, Sheriff of the said Los Angeles County, at the city and county of San Francisco, in said State, served the said warrant of arrest on the therein named de- fendants, John D. Spreckels and W. S. Leake. Before' service of the said warrant and ar. rest of the accused by virtue thereof, the sitd warrant was stamped and indorsed by A. J. Fritz, who then and there was a Judge of the police _court in and for the city and county of San Francisco, Department No. 3 'thereof, which said indorsement was and is in the words and figures following, to wit: ‘“This warrant may be served in the city and coun- ty of San Francisco. A. J. Fritz, Judge of Police Court, Department No. 3.” CHARGES COLLUSION. Neither of the defendants, Spreckels and Leake, has ever, since the said 14th day of ; June, 1902, been in the said county of Los An- geles, nor has either of them since the said day or at all appeared before the sald Justice | livelous, at sald Wilmington Township, or in the sald Justice court, but to the contrary, as afflant is informed and believes and so states, each of sald defendants has steadfastly refused to ap- pear In said court, or before said Justice, and has remained absént from the sald county of Los Angeles, giving out and asserting that he would not so appear or submit to examination or trial, notwithstanding, as the fact is, that the said Justice on June 24, 1802, after the fil- ing and return.of the said warrant and the said bail bonds, by order duly given, made and en- tered upon the docket of sald court, fixed the | 30th day of June, 1902, at 11 o'clock a. m. of said day, for the examination of said charges and ‘ordered and directed the said defendants then and there to appear; and notwithstanding | due and timely notice of the said order was siven to each ~of said defendants. Petitioner (affiant) is informed and believes, and so avers, that on’or before the 23d day of June, 1902, the defendants, Spreckels and Leake, combined and confederated with one Louis P. Boardman, who was and is a stranger to affiant (petitioner), merely on speaking terms, acting without authority from and against the wish of affiant (petitioner), and fraudulently schemed and con- trived by trick and device to defeat the juris- | diction of the said Justice and prevent any ex- amination of said charges against said defend- ants in the said Justice's court and any trial | thereof in Los Angeles County. Affiant, on in- formation and belfef, avers as charges to that end and that purpose by collusion, preconcert and agreement between said _defendants and said Boardman, the said Boardman on June 23. 1902, appeared before A. J. Fritz, a Judge of the Police Court _of ' the city and county of San Francisco, who was and 1s the same A. J. Fritz who admitted the defendants to bail, and there and then made complaint against the said Spreckels and Leake, and in and by complaint the said Boardman, without the knowledge or consent of affiant, petitioner, and agalnst his will charged the said defendants with the pub- lication of the same matter charged as afore- said In the complaint made by affiant, peti- tioner. The said complaint was entitled: “'In the Police Court of the City and County of San | Francisco, State of California’’; the same peti- | tion set forth the fact that on June 14, 1902, affiant did appear before H. C. Downing, a Justice of the Peace of Wilmington Township, State of California, and make complaint and depose under oath that the publication charged as libel In the complaint of Boardman was and did in_his complaint charge the said Spreckels and Leake with having com- mitted the offense of libel by publication there- of. The sald complaint of the said Boardman set out in full a certified copy of complaint of afflant made and filed in Los Angeles County, and charged the same identical matter described in afflant’s complaint to be a libel on affiant. The said complaint of sald Boardman did not charge any circulation or publication of the Itbelous matter within the county of Los An- geles, but averred the publication of the news- Paper containing the libel to be at the city and county of San Francisco, with the averment that the defendants published in the said news- paper the libelous article described in the com- plaint of affiant, without other statement of where they published the libelous matter. And said complaint of the sald Boardman further falsely and fraudulently set forth that at all the times charged afflant was a resident of the city of Sacramento, State of California. Upon the sald charge so fraudulently and collusively made as aforesald a warrant for the arrest of the defendants named was at once issued; the defendants were arrested and gave bail, and on the same day, on request of defendans, the said Police Judge set the examination of the said charges for 10 o'clock a. m. of June 24, 1002, the following day. On June 24, 1902, in the ‘said Police Court appeared the said de- fendants and their counsel and the sald Board- man, who then and there assumed the position of prosecuting attorney and prosecuting wit- ness, and this inasmuch as the proper officer of the court had never been advised with or consulted, as afflant is informed and believes, and knew mnothing of the facts. On said 24th day of June, 1902, the said court called the cause, whereupon defendants by counsel suggested to commence the exam- ination on June 25, 1902. The prosecuting officer stated to the court that he knew ab- solutely nothing of the case and that it had been instituted by the said Boardman. There- upon counsel for the defendant announced that he and the sald Boardman would agree to take | up the said case on the following Friday morn- ing, June 27, and thefeupon by such agree- ment between the sald counsel and the sald Boardman the said court set the examination for Friday, June 27. APPEAR IN COURT. On Friday, June 27, 1002, the defendants, with their counsel, appeared in said court, and | there came also the said Boardman. The de- fendants announced themselves ready, as like. wise did the sald Boardman. The prosecuting officer of the court stated that he had not | been consulted by Boardman with reference to the fact or any witness; that Boardman had brought witnesses, and he supposed Boardman would examine them. The said Boardman stated that the prosecuting officer had said that he wished to have nothing to do with the matter, which statement was denied by the sald prosecuting officer. Thereupon the said Boardman called a witness in the employ of the defendant Spreckels, which witness was examined, but not cross-examined. The said Boardman then announced that he had ° no other witness save one Martin Aguirre. The said Boardman had no acquaintance with the said Aguirre, and had never conversed with or obtained from him any information upon the subject of the said charges as affiant is informed and believes. Thereupon, the sald Aguirre not being pres- ent, the sald Boardman asked for a continu- ance, which, by agreement between the court, sald Boardman and counsel for the defendant: was granted to the first day of July, 1902, In continuing the cause, the court directed attention to the complaint of the afflant peti- tioner filed In Los Angeles County. incorporated in the complaint of Boardman aforesaid, and stated that before going into the case deeply, thle guezunn of jurisdiction should be deter- mined. On the 1st day of July, 1002, the said cause was again called for examination in the Police Court, at which time and place this petitioner affiant, through counsel employed by him for that purpose in open court, protested and ob- jected that the said court had mo jurisdiction 1o proceed with any examination upon the said charges, first, by reason of the antecedent jurisdiction attached in the county of Los An- 1 geles, and second, for the reason that the juris- | diction had been 'sought and purported to have been obtained through collusive and fraudulent | actions and combinations of the defendants and i the said Boardman with the purpose to prevent | the defendant from being examined upon the | said charge, or tried upon the said charge in | the county of Los Angeles, and thereupon de- | fendant, through his counsel, requested to be allowed to examine the said Boardman under | oath touching the said charge of collusion and fraudulent imposition upon the court. Both the said Boardman and the defendants, through their counsel, objected to the said examination and the said Police Judge A. J. Fritz ruled at that time he would require the same. At the same time the said Boardman refused in open court to state for or in whose behalf he acted and joined with .the counsel for the defendants in asserting complete jurisdiction in the court. Thereupon, without the taking of further testi- mony, the case was by the court adjourned to the following afternoon at 2 o'clock (July 2, | 1902), at which time appeared the counsel for | the defendants and the said Boardman. The i court thereupon announced its decision that it | had jurisdiction of the cause and continued -the same for further hearing to Wednesday, July 9. 1902, at 10 o'clock a. m. RELY UPON IGNORANCE. Upon his information and beliet affiant and petitioner avers that on Wednesday, July 9, 1902, unless prohibited by order of this honor- able court, the sald defendants, their counsel and the said Boardman will uppear in the said court before the said Police Judge A. J. Fritz, and there, in form, proceed with an examina- | tion of the charge of libel against the said de- fendants, Spreckels and Leake. TUpon his information and belief afflant avers that the said Boardman has no knowledge what- ever of the subject-matter of the charges other than that obtained from or through the instru- | mentality of the said defendants. Defendants | give out that they propose to examine one hun- | dred witnesses for the defense, and as affiant | believes and so avers it is the intention of de- | fendants, unless so prohibited, to proceed in their purported defense with immaterial and | incompetent matter, relying upon the ignor- ance of the said Boardman of all material facts in said cause to secure their discharge. And further, affiant avers upon his informa- tion and belief that unless prohibited by order of this honorable court the defendants will by subpoenas and process attempt to hold afflant petitioner at the city and county of San Francisco under the pretense of his being a witness in sald cause, keeping him from his home and business' to his great loss of time necessary in his affairs. Affiant’s residence for many years past has been the county of Los Angeles, in which county he {s well known to many people. He has there resided among his neighbors for more than twenty years continuously. Upon the publication of the libel charged in his complaint in the Los Angeles court, he elected to prosecute for the same in the county where his home was situated and where he lived and actually was at the time of said publication. Affiant and petitioner avers that such elec- tion was and is & matter of right of which he is sought to be deprived by the pretended jurisdiction in the Police Judge's court in the city and county of San Francisco. And fur- ther, that that same is mmtter of public right to himself in common.with the people of the State of California, Affiant petitioner avers that he is bene- ficlally interested in the matters herein set forth and in the matters herein complained and for the redress of the same’he has no plain, speedy or adequate remedy in the ordi- nary course of law. . All_averments herein contalned concefning complaint against said defendants at the city and county of San Francisco and proceedings in said court subsequent to the same are made upon the Information and bellef of affiant petitioner. PRAYS FOR WRIT. Wherefore, afflant petitioner prays that, by the writ of prohibition issued by and from this court, the said A. J. Fritz, respondent Police Judge of the city and county of San Fran- clsco, In the State of California, be prohibited from’ proceeding on Wednesday, July 9, 1902, or at any time, with the or any examination of the charges made by the sald Boardman | against the defendants Leake and Spreckels; or taking any testimony therein; or entering any order of continuance therein; or any order either holding or discharging the defendants, or either of them; and that he be prohibited and restrained from in any way or manner en- tertaining jurisdiction of the sald cause or matter. (Signed) HENRY T. GAGE. Subscribed and sworn to this 8th day July, A. D. 1902. (Seal) NEAL J. McKEON. Notary Public in and for the county of Ala- meda, State of California. A. A. MOORE and W. W. FOOTE, Attorneys for petitioner. State of California, County of Alameda—ss. Henry T. Gage, being first duly sworn, de- poses and says that he is the petitioner in the above and foregoing petition by him sub- scribed; that he has read the same and knows the conténts thereof, and that the same is true of his own knowledge except as to those matters therein stated on his information and bellef, and that as to those matters he be- lieves' it to be true. HENRY T. GAGE. Subscribed and sworn to before me this Sth day of July, A. D, 1902, (Seal) NEAL J. McKEON. Notary Public in and for the county of Ala- meda, State of California. ORDER OF PROHIBITION. Let an alternative writ of prohibition issue on the flling of the within petition returnable before the Hon. M. C. Sloss on Friday, the 1ith day of July, 1902, at 10 o'clock a. m. of of daid day. FRANK J. MURASKY. Dated July 8, 1902. SR Indorsed: Filed July 8, 1902 ALBERT B. MAHONY, Clerk. By WILLIAM A-~DEANE, Deputy Clerk. won first heat. Time—2:15%, 2:15%, 2:13%. 2:17%. Lithopolis, May Sharper, Billy A and Clarence B also started. REGATTA FOR STOCKTON. Efforts to Be Made to Attract Oars- men There for Admission Day. The Stockton oarsmen who took part in the Independence day regatta at Oakland are desirous of promoting one at the Slough City on Admission day. George Eckhardt of Stockton discussed the matter yesterday with President W. B Hinchman of the Pacific Association of the Amateur Athletic Union. The lat- ter assured him that a number of clubs from this city would send enough repre- sentatives to make up a complete pro- gramme. Mr. Eckhardt will endeavor to raise the amount of money required to provide prizes. He has confidence he will be able to do so readily. The registration committee of the Pa- cific Assocfation will take up the Sherry matter to-night at its meeting in the Olympic Club. Both the Olympic and the Dolphin boat clubs claimed Sherry as a member and insisted that he compete un- der their colors at the recent regatta. The matter was referred to the assocla- tion officers. They decided that under the rules the Olympics had first claim on Sherry and that if he took part it must be_under their colors. Sherry ignored this ruling and appeared as a member of the Dolphins. It is ex- pected steps will be taken to-night to punish him. —_—— Nominated fo? Supreme Judge. SPRINGFIELD, Mo., July $.—Gavin D. Burgess was nominated for Supreme Court Judge by the Democratic judicial committee to-day. ————— Leibold Harness Co. Has just received a large assortment of dog collars. License put on free. 211 Lar- kin street, oppoe.te City Hall. 4 STAIKERS AGREE 10 A GONFERENGE Freight Handlers Will Meet the Railroad Managers. CHICAGO, July 8.—Through the efforts of Chairman Job, of the State Arbitration Committee, a series of meetings have been arranged for 10 o'clock to-morrow morning between the general managers of each of the roads and a committee of five men from the striking freight- handlers of the same line. Chairman Job went to each railroad separately and asked the general man- ager If he would receive a committee of strikers. In an instant he was informed that the committee would be received it it came from the employes of the road and not from the Freight-Handlers’ Union. Then Job reported to the men his success with the railroads and secured their consent to the meetings. It was arranged that each committce should consist of five strikers. The con- ference will be held at 10 a. m. These committees will not of themselves be em- powered to settle the strike and, what- ever the agreement may be, if any agree- ment s reached at the meeting, it will be reported back to the officials of the unfon at 2 p. m. for approval and no action will be taken until it has the sanction of the officers of the union. Chairman Job said to-night that he thought he had inserted the entering ;@igge for the settlement of the strike. He The men have all along insist would Aot meet. the managers Bmicss {hes wech received as members of the union. The man- agers have sald that they would confer with the men at any time, provided they came as employes of the road with a grievance to b» adjusted. Ot course, T cannot tell what will come from the meetings, but the differences in the demands of the men and the concessions of the roads are so slight that the recognition of the union {s practically the only thing at issue. The men show a disposition to be less Stff in this respect, and I hope that we have entered upon the beginning of the end. President Curran, of the - Handlers, sald to-night: Taew The reports of the varlous committ decide the duratlon of the strike, 1 ef::l‘:"l-l sured, however, that the difficulty will be amicably adjusted before to-morrow night. The teamsters decided this afternoon not to aid in the strike. They Issued the fol- lowing over the signature of E. L. Hur- ley, secretary of the union: The Teamsters' National Union of America, in reply to John C. Driscoll, secretary of thé Associated Teaming Interests, who called upon the officers of the Teamsters’ National Union at 2 p. m. to-day. stated over the signature of the secretary, E. L. Hurley, of the Team- sters’ National Unlon, that under their agree- ments now existing with the team owners of Chicago they cannot take part in the present strike of the freight-handlers, and that they ere Powerless to assist in any manner in the strike. The Teamsters' National Union will carry ou to the fullest extent the orders they receive from their employers as to.the handling of gel‘h‘t afl;d daetuver:nlg of the same. They nnot afford to violate the existing - ments and conditions. s The freight-handlers cannot consistently call upon them for assistance in this matter, as without consultation with or advice from the Teamsters' National Union they called this strike. ok A SITUATION IS CRITICAL. Union Pacific Employs Pinkerton De- + tectives to Guard Shops. OMAHA, July 8.—Passenger trains into Omaha were late on nearly every road ' BIG GATHERING OF PEDAGOBUES Fully Fifteen Thousand Teachsrs Are Now in Minneapolis. Real Work of National Edu- cational Association Begins To-Day. RS SEEE £ MINNEAPOLIS, July 8.—Fifteen thou- sand more delegates to the Natlonal Ed- ucational Association’s convention are in Minneapolis to-night and it is predicted that by to-morrow noon the number will reach 20,000. The meetings yesterday and to-day were confined to the national council, the In dian department and the general sessions; to-morrow the real work in detail will commence. The first general session of the ia- tion was held this afternoon at the Ex- position building. Wallace G. Nye of Minneapolis lntrodgt,:- H e | ed W. C. Martindale of Detroit as chairman of the meeting in the absence of President Beardshear, who was con- fined to his room_ by illness. Governor' Van Sant and J. W. Olsen, Superintend- ent of Public Instruction, welcomed the vistors. Acting Mayor D. P. Jones spoke for the city, and Charles M. Jordan, su- perintendent of the Minneapolis public schools, welcomed the delegates on behalf of the Minneapolis teachers. Superintendent J. A. Foshay of the city schools of Los Angeles; Dr. T. C. Noss, principal of the State Normal School at California, Pa., and Professor Joseph Swayne -of Indiana University responded to_the welcoming addresses. President Nicholas Murray Butler of Columbia _University spoke on “Some Pressing Problems.” The national council finished its work this morning and the Indian department will hold its closing session to-morrow. The directors of the National Associa- tion met this morning. The report of Charles H. Keyes showed receipts of $32.- 200, and disbursements of $29,979, which, r‘;li!l":i last year's balance, leaves $8174 on and. The American Society of Religious Edu- cation presented a petition asking to be taken into affiliation, but it was laild on the table. Gossip is already rife as to the next president of the association. But two names are yet mentioned, those of Pres- ident Charles W. Eliot of Harvard and Superintendent James A. Foshay of Los Angeles. The cities In the race for the next con- vention so far are Boston, Portland, Me.; the north Pacific Coast cities, which are zurlydng together, and Nlagara Falls, Family Is Murdered by Robbers. ENID, Okla:, July 8.—Near Prudence, thirty miles southwest of here, the bodles of a man, a woman and two children, ap- pzrently members of one family, all muti- lated into almost unrec izable shapes, were found to-day. The ies had been stripped of all clothing, leaving no means of identification. It is supposed that the family were strangers traveling overland and that they were robbed and murdered by men who made off' with their team and belongings. PSS Two Deaths From Heat in Pittsburg. | PITTSBURG, July 8.—Two deaths and seven prostrations were added to the heat victims in Pittsburg to-day. Of the seven cases of prostrations the majority were mill workers, and it is reported that all are in a serlous condition. i s Police Chief Ames Is Acquitted. MINNEAPOLIS, July 8.—The jury in the case of Superintendent of Police Fred A. Ames, charged with accepting a bribe, returned a verdict of not guilty to-day after having been out eighteen hours. R e e to-day. The Rock Island is specially un- fortunate, as its tracks south of Fair- bury, Neb., are in bad shape and no trains have been able to get in from the West or depart for the West to-day. All other roads in Nebraska are suffering from like trouble. The excess of rainfall has been so great for the past two weeks that every road running West has many miles of soft track. Freight is beginning to pile up in many places, and only a season of sunshine will prevent a more serious congestion. James O’Connell, president of the Inter- national Association of Machinists, spent the day in the city with the Union Pacific strikers and had a short talk with Presi- dent Burt. He says the strike has settled down to a long drawn out contest and that it will be fought out on its merits. DENVER, July .—The situation at the local Union Pacific shops is more critical than at any time since the strike was in- avgurated. A force of Pinkerton detec- tives was to-day put in charge of the shops and the city has supplied four po- licemen for protection. Trouble is not ex- pected from the strikers themselves, but from sympathizers who work in the thir- ty or more contract shops in the city. ——— Painters’ Union Makes Protest. OAKLAND, July 8—Local Union No. 127, Painters, Paperhangers and Decora- tors’ Union, has made a protest to the Board of Education against the practice of using janitors in the public schools to revarnish and paint school desks. The union claims that such work should be done only by journeymen mechanics. The protest is signed by A. H. Hetherington and T. H. Pratt, respectively president and secretary of the union. The board ordered the communication to be filed. ADVERTISEMENTS. Age at Which Men BEak Dow The statistics in my business, cov- ering a period of twenty-two years. show that more men break down between thirty and forty than between forty and fifty. This might seem odd to you, but the reason is plain. It is between thirty and forty that na- ture begins to ~de- mand a squaring of accounts with the man who has abused her laws. The things done against Nature in youth have to be paid for before man reaches his highest standard, which is when he is about forty years old. If a man passes fodty without seeing evi- dences of early decay he has a good chance for a vigorous old age. I want to talk to those men who be- gin to lose their grip on the pleasures of living, whether under or over forty. I have perfected a method of reviving waning vitality by pumping a gentle stream of Electricity into the body while you sleep. Electricity is motion, heat, life, and restores inactive nerves to life. 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