The San Francisco Call. Newspaper, July 30, 1902, Page 2

o THE SAN FRANCISCO CALL, WEDNESDAY, JULY 30, 1902. LLEGAL OBSTACLES ARE SWEPT ASIDE 3 < PENAL CODE ELIMINATES ALL DOUBT ¥, under the authorities cited, any doubt were Jeft as to the correct so- lution of this gquestion, such doubt, in my opin- by iomn, is removed 794 the Penal which provides that “when an offense is within the jurisdiction of sec- tion of Code, two or more counties, a conviction or ac- guittal thereof in one county is a bar to a prosecution or in- dictment therefor in another.” It ix clear that the legislative intent was that only the con- ioe., conviction or acquittal, should bar a prosecution in the other tingencies designated, county, and it is equally clear, from the language quoted, that such bar would result from a conviction or acquittal in either of the counties, and not merely in the one whose juris- | | | @iction haa first attached. 1t | | is true that, even though there had been mo conviction or ac- quittal, the accased could not be twice put in jeopardy, un- der the constitutional provis- but, has been alrezdy pointed out, that question is not invelved here, | | since jeopardy has at- tached. Extract from decision by Judge | Sloss. | ion above cited, as not Continued From Page One. as where they are in different counties. But even if we do not regard the Johnson case ax determinative of the exact proposition here involved, the decided weight of anthority is 1o the efiect that the pendency of a | criminal prosecution is no ground | for the abatement of a prosecution | the for same offense | doubt were left court of concurrent jurisdiction. I have been referred to but one case (ex parte Baldwin, 59 Jow: 502) bolding that, where jurisdiction of a crime is concurrent in two courts, and one obtains jurisdiction of the person of the accused, the other is thereafter without jurisdiction to try the accused for the same of- fense, Opposed to this, however, I find the fol- lowing cases: State vs. Tisdale, 2 Dgv. and B. N. C., 159. State vs. Bowers, 8¢ N. C., 910. State vs. Roberts, 9-N. C., T56. Handley vs. State, 16 Tex. App., 444. State vs.-Osborn (Ind.), 58.N. E., 490. Peters vs. Koepke (nd.), 59 N. E., 33. In State vs. Tisdale it was held that a conviction in the county court might be Dleaded in bar of a prosecution in the Superior Court for the same offense, | notwithstanding the fact that the indict- ment in the Superiorf Court was first found. In State vs. Bowers it was held that where two courts have concurrent jurisdiction of an. offense the judgment of that one which first passes judgment, | though 1t acquired jurisdiction later,-in point of time, is a good defense against a prosecution in the other court for the same offense. State vs. Roberts and Handley vs. State rests on the same principle. In Peters vs. Koepke and State vs. Osborn it was held that the pendency of an indictment in one court constituted no defense to the prosecution of accused for the same offense in another court. See also Dutton vs. State, 5 Ind., 531, and Hardin vs. State, 22 Ind., 347, in each of which a prior indictment pending in a county to which it had been removed was no ground for abating a subsequent prosecution commenced in the county in which the first indictment had -originally | been found. The correct rule appears to be, therefore, that where prosecutions for the same offense are commenced in different courts having concur- rent jurisdiction, both courts may proceed with the trial of the ac- cused, at least until the accused has, in one court or the other, been put in jeopardy within the meaning of the constitutional provision protect- ing persons against being “twice put in jeopardy for the same of- fense.” Const. Cal. Art. I, see. 13. But an accused is mot in jeopardy until he is placed on trial upon a valid indictment (or information), hefore a competent court and a jury (People v. Cage, 4S Cal. 323); certainly not where he is merely brought be- | fore a magistrate for examination, |nor even if he had been examined and discharged. 77 Cal. 183, If, under the authorities cited, any to the correct so- Jution of this question, such doubt, in my opinion, is removed by section 794 of the Penal Cgde, which pro- Ex parte Fenton, in the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another.” It is clear that the leg- islative intent was that only the contingencies designated, i. e., con- viction or acquittal, should bar a | prosecution in the other county, and it is equally clear, from the lan- guage quoted, that such bar would tal in either of the counties, and not merely in the one whose jurisdiction had first attached. It is true that, even though there had been no conviction or acquittal, the accascd could not be twice put in jeopardy, under the -constitutional provision above cited, but, as has been already pointed out, that question is not in- volved here, since jeopardy has not | attached. |ALL CRIMINAL | SUITS BROUGHT ’ BY THE PEOPLE Alleged Injured Party Has No Right to Name Trial Place. ¥ T s arsued, however, that the ef- fect of the constitutional provi- sion fixing the venue, in cases of | libels published in newspapers, in either of two counties is to | give to the person alleged to be libeled the choice or elec- | tion of the county in which the proceed- ings shall be had. There is no contention that in any of the other cases of juris- diction concurrent in two or more coun- ties the party claiming to be injured by | the alleged crime has any such choice, | and-no authority is cited in support of | this doctrine of so-called “elective juris- diction” in any class of criminal prose- cutions. Certainly such right of election is not to be found in the language of the constitution, and I see no reason why it should be thought to exist in the case of libel rather than in the case of any other crime punishable in more than one county. | 'The prosecution of all criminal | offienses is conducted in the name of “The People of the State of Cali- fornia” and by their authority. | Const. Cal. Art. VI, sec.20. I take it | that, in cases of concurrent juris- | diction, no election 1s necessary, | but such right of election, if it ex- | ists, must reside in the authorized representatives of the people of the State of California, in whose name and by whose authority the pro: tion is conducted. result from a conviction or acquit- | T e MUST PROVE COLLUSION IN LOWER COURT | T was claimed in the lower court that its ju- risdiction had been ob- tained by ¢ollusion. That i. el question, i. e., whether not the prosecution was collusively instituted, was a question of fact which the lower court had jurisdiction to determine. And, having juris- dicgion so to determine, it haa to determine it Even if it question or jurisdiction rightly or wrongly. determined the wrongly, it was none the less acting within its jurisdiction, and this court cannot interfere by prohibition. The writ of prohibition is not intended to correct mere errors on mat- ters within the power of the lower court to decide. The remedy for such errors must be sought in some other form of proceeding. Extract from decision by Judge Sloss. e o4 tention that if both prosecutions may proceed simultaneously the accused might be subjected to double punishment. The same result might follow if he were twice proceeded against in the same county. And such result could and would follow umless he pleaded his prior con- viction. People vs. Bennett, 114 Cal., 56. Assuming, then, that the proceedings pending in the Justice's court of Wil- mington Township do not deprive the re- spondent of jurisdiction, there remains the question whether the collusive -and fraudulent character of the proceedings in this city and county furnish a ground for the issuance of a writ of prohibition. That courts will not hear and decide causes not begun in good faith to deter- mine a real controversy between the par- ties is well settled. People vs. Pratt, 30 Cal., 223. People vs. Leland, 40 IIL., 118, Judson vs. Flushing Jockey Club, 36 N. Y. 8., 126. And it would seem, further, that the objection that a proceeding was not instituted in good faith, but collu- in .no(her‘\“[del that “when an ‘ense is with- Nor is there greater force in the con- | sively, goes to the jurisdiction of the N CONSILS IRE THRENTENED g Unorganized Mob Makes Life Uncertain at Cape Haytien. i WASHING The following cablegram, dated to-day, was received at the Navy Department this afternoon from | Commander McCrea of the gunboat Ma- | ich arrived at Cape Haytlen rs are very much disturbed at| Haytien. ‘norganized mobs in| Foreign Consuls have been Will give protection on board. | prevent bombardment without due | - State Department has no hesitation | oving the energetic and suf- | of Commander McCrea in taking care of the foreign Consuls and in a bombardment without warn- The American and foreign interests Haytien are large, and an Amer- 2 captain s required by the unwritten fter the life and property of other foreign , as well as Amer- jcans, in such c it is said that the rules of international law, as well as the dictates of humanity, require that proper notice before a bombardment, in children and non-com- he town and carry off gings. tment feels that the ica law to look oint, though if there merican gunboats in ibbean a quieting and | e luence would be exerted ! over these quent rebellious outbreaks, i lving viol of the rules of war suffering. However, there is no save those now actually en- uch service as the Machias, iles of the various seats of ‘entral and South America, Indies. The Machias is a tons, carrying eight four- inch rapid-fire guns, a crew of eleven officers and 143 men. While not many men could be spared for a landing party, the vessel undoubtedly could lie in the anchorage and cover the town with her guns. It is not believed that there is the slightest danger of an attack upon her by any of the Haytien gunboats, loyal or | rebel raining - vessel of 1177 Vandals Mar Plate Glass. GRASS VALLEY, July 20.—Vandalism perpetrated some time last night has aroused every merchant in Grass Valley. Some unknown person marred and scratched every large plate glass window on either side of Mill street. In several | places new plate glass fronts are ruined. Both sides of the street were treated alike. It is supposed the guilty perscn did the work with a piece of quartz cr: tai, which cuts like a diamond, only leav ing a larger furrow. The merchan offer a reward for his arrest. ts will | Portugal’s Wines in Danger. LISBON, Portugal, July 30.—The con- | | tinued bad weather threatens to ruin the | Portuguese vintage and the vines have | | ing away | in" the opinion that the been seriously injured by mildew. LIBERALS WIN A BIG VICTORY North Leeds Seat Lost to the Balfour Ministry, LONDON, July 20.—The bye election for members of the House of Commons to rep- resent North Leeds resulted in the elec- tion of Rowland Barren, Liberal. Barren received 7539 votes to €761 cast for Sir Ar- thur Lawson, Conservative. The seat was made vacant by the elevation to the peer- age of William T. Jackson, Conservative, who had sat for North Leeds since 1880, The loss of the seat for North Leeds in the House of Commons has filled the sup- porters of the new RBalfour administra- tior. with dismay. The utmost ingenuity of the editorial writers of the Conserva- tive press is quite ineffectual in_explain- the conversion of the Tory ma- jority of 2517 in 1900 into a Liberal majori- ty of 758, The Morning Post, which is the frank- est Conservative critic of the Govern- ment, admits candidly that outside of the Birmingham area, which it says is a “Chamberlanite” preserve, there is seem- ingly no seat in the House on whose loy alty the present Government can abso- lutely rely, and the paper believes the country is dissatisfied with the Govern- ment’s. education bill and its coquetting with protection. ’ The Liberal papers this morning concur rain taxes and the education bill won the North Leeds seat, the election having been fought on these two points. The result was re- ceived with great jubilation in the House of Commons, the members crowding to congratulate Herbert Gladstone, the Lib- eral whip. It is expected as one result of the elec- tion that Balfour, the Premier, will as far as possible avoid making changes in the Cabinet and inviting more bye elec- tions, Gerald Balfour’s seat among others being considered rather unsafe. Another incident which is adding to Conservative discomfiture is the decision of John Cath- cart Wason, Liberal Unionist member, to rejoin the Liberal party. Wason says he supported the Government during the war, but that he is now so dissatisfled with the Government's policy in the mat- ters of army reform, education and the Irish land question that he cannot longer support it. e — San Jose’s Greeting to Gompers. SAN JOSE, July 2.—Organized labor gave a rousing reception to Samuel Gom- pers, President of the American Federa- tion of Labor, and his assoclates at Turn Verein Hall to-night. A committee from the Federated Trades and 600 union men, headed by a band, met Gompers and party at the station and marched to Turn Ve- rein Hall. Gompers and others delivered - | addresses. E. G. Perkins, President of th | Federated Trades, presided. Mayor War: wick gave the addess of welcome. After the meeting the labor leaders were sere- naded at Hotel St. James st ami WASHINGTON, July 29.—The War Depart- ment has been notified of the death of p;;x:- ford G. Baker, a clerk in the Insular service, at Manila,-who died on the 27t] At Mant h inst. of Asfatic Is an instrument worthy of a plac any home or palace. Lo dn It is equal to any occasion and its high qualities in construction, tone and dura- bllity compel approval. In all, The Hard- man is one of the world's most satisfac- tory planos. Sold under our guarant. terms that please. . e vcfi,‘m’t fail to learn our proposition to THE WILEY B. ALLEN (0., 931 MARKET STREET, San Francisco. All Market St. cars stop in front of our building. BRANCH, 91 BROADWAY, OAKLAND. KING 15 SURE OF GORONATION ~ Edward Improves and Date Is Announced Officially. LONDON, July 20.—The latest and most reliable information indicates that King Edward's doctors were not mistaken in fixing August 9 as the date upon which his Majesty could be crowned. The sin- ister rumors which have pervaded all classes for the last few days now appear to have lost that semblance of probabil- ity which made even the members of the Cabinet nervous lest another postpone- ment of the coronation might be necessi- tuted. A The apprehension that King Edward would be unable to stand the strain of the coronation ceremony has been great- ly lessened by the announcement that his Majesty is now permitted to use his feet and, with the aid of a stick, has done a little walking. Another ' late telegram from Cowes, saying that nearly all the restrictions upon the King's diet have been withdrawn, has been welcomed as evidence that the recent ominous deduc- tions were drawn without due allowance for the doctors’ extreme cautiousness. While the King was testing his ability to walk two jackies stood at his side. Af- ter this experiment, which boded well for his fulfilling the necessary _coronation functions at Westminster Abbey, King Edward sat smoking on the deck of the royal yacht and watched the races of the small yachts off Cowes. Those who drew inferences from the fact that the invitations to Westminster Abbey were not dated have had their fears dissipated by the proclamation pub- lished in the Gazette to-night, fixing Aug- ust 9 as the date for the cornation, which post dates and is altogether more import- ant than anything that might or might not have appeared upon the cards of in- vitation. & According to the present arrangements King Edward and Queen Alexandra will leave Cowes either August 7. or 8 for Buckingham Palace and will return to the roval yacht August 18, when the en- tire fleet will pass before King Edward and salute him, thus making a second na- val review. After his return to the yacht the King is expected to take an extended cruise to the northward and subsequently to spend some weeks at Balmoral, where preparations for the arrival of their Maj- esties have already been commenced. Sir Joseph C. Dimsdale, Lord Mayor of London, expects King ldward to visit the city of London the week ending Oc- tober 11, when a great luncheon will be keld in the Guildhall, which is to be fol- lowed by a royal procession through the south of London. All these plans may not be carried out to the letter, but their arrangement, combined with the emphat- ic optimism of the King's physicians, is generally taken as reassuring. It is per- haps_significant that Queen Alexandra, the Prince of Wales and other members of the royal family were all ashore to- day playing lawn tennis. The Gazette to-night contains a royal proclamation fixing August 9 as the date for the coronation, which, it says, “we were constrained to adjourn to a day in August,” and. adds “which we have re- solved by the favor and blessing of Al- l&nf:;hly God to celebrate on the aforesaid ate.’” ANTI-GAGE FACTION WINS THE PRIMARIES Entire San Bernardino County Dele- gation Will Be Opposed to the Machine. SAN BERNARDINO, July 20.—Republi- can primaries were held to-day to elect delegates to_the county convention, which will- be held a week from to-morrow. A large vote was polled, and the ticket nom- inated at the caucuses went through with practically no opposition, except in Pre- cinct 6, where there was a lively fight hinging on the Shrievalty. The prediction is warranted that the caucus nominees will be generally elected throughout the county, which means the subsequent choice of an anti-Gage delegation to the State convention. =Rl e Bricklayer “Shoots Up” a Hospital. BEAUMONT, Tex., July 20.—Declaring that he wanted to put the patients out of their misery, James Burke, a drunken bricklayer, “shot up” Dr. Sefres' private hospital at Port Arthur last night. of the patients were slightl ded. 1 Burke is in jail here. T RIOTERS LOSE THER STRENGTH Agitation France No Longer Serious. PARIS, July 29.—The agitation in con- nection with the circular issued by Pre- mier Combes with regard to the closing of the unauthorized congregationalist schools has abated greatly, even in Brit- tany, owing to the circumstances that none of the recalcitrant schools will be foreibly closed until special decrees to this end have been signed for each de- partment. In many departments such action will not be necessary, as the congregations have submitted, and, moreover, the de- cision of the Government not to close those schools for which authorization was not asked owing to misinterpretation of the law, has had something of a quiet- ing effect. The leaders of the agitation still talk of organizing popular protests, but the life seems to be out of the movement, so far as Paris is concerned. The Socialists have determined upon counter-demonstra- tions to every clerical meeting. Some disturbances in the provinces, es- peclally in Finisterre, are probable when the police close the schools, but there 18 evidently a lull in the exeitement for the moment. The only incident reported to- day was that a group of women at Rodez, in _the Department of Aveyron, attacked 2 lay teacher and compelléd him to take refuge in the Communal school. teacher was followed by a crowd shouting “Down with Combes!” " The arrival of the gendarmes prevented further mischief. BERLIN, July 20.—The Taglische Rundschau asserts thAt the Vatican has refrained from protesting against the ac- tion of the French Government in the matter of closing unauthorized congre- gationist schools because France has threatened the Vatican that President Loubet will visit King Victor' Emmanuel of Italy if the Pope interferes. L e e o S s e e WIRELESS NEWS ~ FROM THE POLE Bernier Plans to Estab- lish Stations in the Arctic. SEATTLE, July 20.—Bernier, the famous Canadian explorer, who is to go in quest of the North Pole, will establish a Mar- conl wireless telegraph communication between ‘his party and Dawson. Detalls of the project are given by Governor Ross ©f Yukon Territory, who met Captain Bernier and discussed it with him. The Governor said: “Captain Bernier intends to sail for the north by way of the Bering Sea. It is his opinion that he can catch a current by taking this course that will carry his ship to within 150 miles of the pole. he short remaining stretch between the ship and the pole is to be covered by a trip.over the solid fce. For this he has made spe- cial arrangements for supplying himseif and his assistants with food, both ‘coming and going. “They will take long metallic tubes, sharpened at one end and hollow and with an opening at the other end. Into these tubes will. be placed coricentrated foods of a wide variety. By their use one will be enabled to live and be well nourished for a _long time. The food poles will be E‘:“" in the ice pérpendicularly and will ar flags. Every so far and within a reasonable range of vision one of these poles will be placed. In this manner the course of the trail pursued from the ship will be followed easily, and the return ;‘2& will be made by going from pole to each pole the party will there find food nwnmni& “The Marconi scheme is to have an in- strument in full sympathy in Dawson and to send news of the progress of the ex- Bedmon right from the front back to awson, thus. keeping the world inform- ;g: fyt ,the fortunes or misfortunes of the The ! Not only this, but on arrival at | court. Dinsmore vs. Central R. Co., 19 Fed. R., 153. It does not follow, however, that pro- hibition will lie to restrain the action of the lower court on this ground. Where the jurisdiction of the lower court de- pends upon the determination of a ques- tion. of fact, which fact the court has power to determine, prohibition will not lie because the court may have determin- ed such questions erroneously. State vs. Superior Court (Wash.), 39 Pac. R., 818; State vs. Withrow (Mo.), 41 S. W. R., 980; People vs, Seward, 7 Wend., 518; Murphy vs Superiar Court, 84 Cal., 592. In the case at bar the Police Court had jurisdiction of the subject matter and of the persons of the accused. It had juris- diction of the subject matter, viz., crim- inal libel, under the provision of the con- stitution hereinbefore cited, Art. I, sec. 9, and jurisdiction of the persons of the ac- cused by the service upon them of war- rants, duly issued upon a sworn com- plaint alleging the jurisdictional facts. It was elaimed in the lower court that its jurisdiction had been ob- tained by collusion. That guestion, 1. e., whether or not the prosecution was collusively instituted, was a question of fact which the lower court had jurisdiction to de- termine. And, having jurisdiction 80 to determine, it had jurisdiction to determine it rightly or wrongly. Even if it determined the question wrongly, it was none the less acting within its jurisdiction, and - this court cannot interfere by prohibi- tion. The writ of prohibition is not intended to correct mere errors on matters within the power of the lewer court to decide. The remedy for such errors must be sought in some other form of proceeding. The foregoing views would, of them- selves, necessitate the sustaining of the demurrer. In addition, there are other ob- jections to the issuance of sthe writ scught, and these objections will be con- sidered briefly. It is urged that the petitioner is mot, as required by section 1103 of the Code of Civil Procedure, a ‘person. beneficially interested” in the issuance of the writ. 1 think this point is wel taken. EVERY CITIZEN HAS THE EOWER TO PROSECUTE HE purpose of a criminal prosecution is to punish the individual for a wrong done to the community, or to organized society, and, in a broader sense, to dis- y courage or prevent the fu- ture commission of like offen: In such prosecu- tions every cf n, every inhabitant of the State, is equally interested. FLEES EASTIWARD WITH RER CRILD in Cities of|Professor Ventura’s For- mer Wife Abducts Daughter. Special Dispatch to The Call. SAN RAFAEL, July 29.—Mrs. Jeanette Muiford Conrad, of Minneapolis, Minn., left this city yesterday afternoon, taking ‘with her little Lillian Ventura, the daugh- ter of Prof. L. D. Ventura’ of San Fran- cisco. Mrs, Conrad is the divorced wife of Professor Ventura, and, according to the decree of divorce, the father was given custody of the child. The divorce was granted about four years ago by a Judge in Des Moines, Iowa. Mrs. Ventura objected to giving up her jonly offspring and for scme time prevented the father seeing the child. Professor Ventura, who at the tine of the legal separation was chief instructer of the St. Paul School of Languages, gave up his lucrative position, and, according to the mother’s allegations, surreptitiously spirited the little giri away. Several months ago Mrs. Ventura traced the professor to San Francisco. Mrs. Ventura was married in Denver to E. A. Conrad, a prominent business man of Minneapolls. About three months ago she came west, ascertained that her child was in this State and ultimately located her in San Rafael. Arriving here, she took up her residence near the home of her former husband and established her- self as a teacher of music. She sought a reconciliation with Professor Ventura, in 80 far as to be permitted to be with little Lillian a short time each week. This wish was finally granted, and two days out of each week her daughter would live at her apartments. On_Sunday, Professor Ventura went to San Francisco and left the child, who is 9 years old, with her mother. On his return to San Rafael he ascertained that mother and daughter had left town. To-da; sought to swear out a warrant for Mrs. Conrad’s arrest on a charge of abduction. Upon' the advice of District Attorney Mc- Isaac, Justice of the Peace George Rod- den refused to grant the request on the ground that, according to the decree of divorce, Mrs. Conrad had been granted the custody of the child one month out of each year. Later to-night Attorney Thomas Boyd appeared before Justice Rodden and, on behalf of Professor Ven- tura, cited a long list of authorities to prove that the provisions of the divorce decree would not hold in the State of Cali- fornia. After a long argument a warrant for kidnaping was issued and placed in the hands of Constable Agnew. rs. Con- rad is supposed to be en route to the East. Mrs. Conrad is the daughter of H. J. I Mulford, a manufacturer of Minneapolis. The Mulfords are very prominent in so- clety. She is an accomplished and beau- tiful_ woman. She has many friends in San Francisco’s smart set, and, according to the statements of her former husband, they conspired with her to gain possession of the child. Professor Ventura is a na- tive of Florence, Italy. He was for many years private secretary and interpreter for Salvini, the actor, and subsequently was chief instuctor in the Boston School of Languages. Great Log Raft Soon to Start. PORTLAND, Or., July 20.—One of the monster log rafts which A. B. Hammons and his associates have been building at Stella, Wash., will start for San Fran- | cisco in two weeks. The raft will be in ,charge of Captain Bailey of the tug | Tatcosh and another of the Puget Sound | Tugboat Company’s boats will assist in | getting the mass of logs down the coast. There will be no delay in getting the raft i started, as the water at Stella is very i deep at present. Difficult @l_'ye:fl'on That is dyspepsia. It makes life miserable. Its sufferers eat not because they want to—but simply because they must. They know they are irritable and fret- ful; but they cannot be otherwise. They complain of a bad taste in the | mouth, .a tenderness at the pit of the stomach, an uneasy feeling of puffy full- The effectual remedy, proved by perma- | nent cures of thousandsof severe cases, is \Hood’s Sarsaparilla { * Hood's Pills are the best cathartic. | terest. ness, headache, heartburn and what not, | W[ The ultimate end sought is the pro- tection of the entire community, If a burglary has been committed, the man whose house has been entered has as great an interest as hix neighbor, but no greater, in sceing the burglar punished, to the end that the houses of all persons with- in the State may thereafter be more secure from the attacks of burglars. The prosecution is not vonducted in order to gratify any personal de- sire for vengeance on the part of the injured party, or to afford him re- paration. So, in this case, the peti- tioner has no greater or other inter- est than any other person in thix State in seeinz the perpetrators of the crime of libel punished. It is true that if such crime has been committed, the petitioner has sus- tained an injury, but redress for such injury is to be smought in =a civil action, not a criminal prosecu- tion. Both proseccutions are com- ducted by the people of the State of California. The petitioner is not a party to either, and has not, as com- plaining witness, the right to con- trol either. The nllegations that petitioner may be called as a wit- ness and detained do not, of course, show any special or beneficial in- Furthermore, even if petitioner has the beneficial interest required, the writ will issue only ‘‘where there is not a plain, speedy and adequate remedy at law.”"—C. C. 1°, 1203, ‘White vs. Superior Court, 110 Cal., 54. Jacobs Superior Court. 133 Cal., 364. Agassiz vs. Superior Court, % Cal., 101 Mine, etc., Soc. vs. Superior Court, 91 Cal., 101. If the petitioner be right in his conten- tion that the Police Court is without juris- diction (and, of course, the issuance of the writ is dependent on such want of Jjurisdiction,) he has a plain and adequate remedy. What he desires is to have the accused examined and tried in Los Ange- les County. If, by reason of the proceed- ings in Los Angeles County, the Police Court in this city and county had no juris+ diction to examine the accused, a convie- tion or acquittal in this county would be no bar to a trial in Los Angeles County. People vs. Hamberg, 84 Cal., 463. Commonwealth vs. Peters, 12 Metc., 387. Commonwealth vs. Goddard, 13 Mass., 455. People vs. Tyler, 7 Mich., 161 Montross vs. State, 61 Miss., 429. Similaxly, if by collusion, the accused procure a conviction or acquittal of them- selves in this county, in order to avoid a prosecution in Los Angeles, such convic- tion or acquittal would be no bar to the prosecution in Los Angeles County. ‘Watkins vs. State, 6 Ind., 427. Halloran vs. State, 80 Ind., 586. Commonwealth vs. Alderman, 4 Mass., 477, Commonwealth vs. Dascom, 111 Mass., +* IS A MATTER OF INTEREST ‘ TO CITIZENS HE purpose of a erim- inal prosecution is to punish the individual for a wrong dome to the community, or to organized soclety, and, in a broader sense, to discourage or prevent the future commission of like offenses. In such prosecutions every citizen, every inhabitant of the State, is equally interested. The ultimate end sought is the protection of the entire com- munity. If a burglary has been committed, the man whose house has been entered has as great an interest as his neighbor, but mo greater, im ° seeing the burglar punished, to the end that the houses of all persoms within the State may thereafter be more secure from the attacks of burglars. The prosecution is not con- ducted in order to gratify any | personal desire for vengeance on the part of the injured par- ty, or to afford him reparation. So, in this casc, the petitioner hus no grester or other imter- est than any other persom In this State In seeing the perpe- | trators of the crime of Ibel punished. 3 Extract from decision by Judge Sloss. —-—m- e e e e e e e e McFarland vs. State, 68 Wis., 400. If it were conceded that the court is without jurisdictio either ground stated, ry ecounld therefore be dome by the proceed- ings before the respondent. - murrer alternative writ discharged, is so ordered. Thomas vs. State (Ala.), 21 So. R., T84 State vs. Smith (Kans.), 77 Pac. R., 541 ECTURER BELL 6OES 0 PRION Legal Wife Accuses the Former Clergyman of Bigamy. Special Dispatch to The Call. SANTA CRUZ, July 20.—Dr. Charles Frederic J. Bell is under arrest here, charged with bigamy. Bell has been here for the past ten weeks and during that time has lectured before many large au- diences. He advertised himself as “The Famous Author, Lecturer, Sclentific Palm- ist, Psychologist, Practical Occultist, Phrenologist and Electro Mental Healer.” His lecture topic was “Why I Left the Ministry,” Dr. Bell claiming to have been a Methodist minister. Dr. Bell has attracted much attention, being a raan of striking appearance. From the story as told to-day he is a much- married man. By birth he is an English- man and about 55 years of age. His first matrimonial venture occured in England, his wife afterward dying. His second wife was a lady named Cook. He married her in Columbus, Ohio. Later they were divorced. On June 30, 1899, Dr. Bell married Flora Allen, the wife who now brings the charge of bigamy against him. He was then a Methodist clergyman. Rev. A. C. Mar- shall performed the wedding ceremony in Corunna, Mich. Shortly afterward Dr. Bell told his wife he had business out West. He is alleged to have formed a partnership then with a Miss Holman, and they traveled through New Zealand and Australia on a lecturing tour. Beturn- ing to this country he saw his Michigan wife in Chicago, and then, with Miss Hol- man, went to England on a trip. They afterward parted company, and at Clay- ton, Mo., it is charged. Beli married Mrs. Mary C. Jennings on March § of this year. ‘With her he came to California and has spent most of his time In Santa Cruz. Miss Holman heard of his marriage and it_was she who informed his legal wife. Mrs. Flora Bell, the . complainant, is_highly connected and is a woman of culture and refinement. She has arrived here with her father and mother from Minnesota. Mrs. Bell is represented by leading attorneys of that State, Colonel Trowbridge of Minneapolis, prom- inent in Republican politics, and Senator H. F. Stevens of St. Paul. She has a letter of introduction from Governor Van Sant of Minnesota. District Attorney Knight has been at work on the case for some weeks and, all of the necessary papers having arrived, the complaint was sworn to is after- noon. Shortly after 4 o'clock Dr. Bell was placed under arrest. He was taken before Judge Craghill and, being charged with bigamy, his bail was fixed at $1000. Bell owns very valuable jewelry and dia- monds and is seeking to raise bail money by offering them as security. The time | for his preliminary hearing will be set | to-morrow. % Dr. Bell is prominent in fraternal cir- cles and is a member of many of the or- ders. He says he is willing to meet all the charges, declaring that he had reason to believe his legal wife was dead. OAKLAND MAN DRUGGED AND ROBBED BY THUGS Edward Johnson Loses His Money and Valuables in Los Angeles. L0S ANGELES, July 29.—Edward John- son, whose home is at 1661 West Eleventh street, Oakland, and who is captain of the steam lumber schooner San Pedro, was found unconscious on South Broad- way this morning at 3 o'clock, suffering from the effects of some drug and from a wound on the face, in which it was necessary to take several stitches. When searched at the police station nothing was found on his person. After he re- vived he said that he had had $50 in cash, ; a gold watch and chain, a Shriner pin ! worth §150 and a dlamond stud worth $150. | He remembered having been out with a party of strangers, one of whom took him | into a hack to go to some saloon. There he took a drink which had a pecullar taste and all that he remembers of what occurred after that time is that some ?erson struck him a violent blow on the ace. The detectives have learned that John- son was out with two men who have been ! suspected of drops.. Both of these men have disaj peared. Their names have not been made public, but inasmuch as Ji son says he would not be able to identify them it | geles, administering _ knockout | ¢ €. SLOSS, Judge. Dated July —, 1902. S o ] is improbable that they would be con victed if captured. s B Flames Near the 0il Wells. UMON Tex., July 20.—After threatening for a few moments to destroy the best part of Spindle Top, a fire start- ed by lightning went out of its own ac- cord early this morning. Lightning ig- nited the derrick over the Palestine Beau- mont Company’s well, spread to a small settiing tank, but affer it had scorched the derrick and burned the gas off the ofl in the tank- it died away before a ter- rific downpour of rain. The well is lo- cated in the midst of a veritable forest of derricks and the ignition of several wells would have been inevitable had the fire gained much headway. JOHN J. FULTON CoO. CRUCIAL TEST. The Patient an OIld -School Physician of This City. Bright’s Discase and Diabcies Arc Positively Curable. ( ¥ FEBRUARY 18 LAST DR. A. J. HOWE of 933 Market street, this city, an old- school physician of nearly ‘hirty vears' active fpractice, came Into our office.” He was near'y in_convulsions as the result of Bright's Dis- ease. He was certain he was near the end— had that day talked to a member of his family about cremation and told us he cnly called for the comfort it would give his family. We told him that cases had recovered that were as serfous as his and that we would give him the ccmpound without charze it he, as a physician, would, if he got the usual favorable results. admit it over his signature, A test for albumen made under the doctor's observa- tion coagulated nearly the entire contents of the tube, depressing him still further. How- ever, he’took the compounds, agreeing to put it to the test, but it was plain he had little if any confidence in it. Just one week later, on February 25, J. A. Csmeron of 2221 Clinton avenue, Alameda, where the doctor and his family were re- siding, called for more of the compound and left the first report, viz., ‘Marked improve- ment." On March 11 more was sont for.and tha following report mad “‘Improvement con- tinues. The doctor is clearing up all around.™ Two months later the doctor called at our office in person and said that he was getting better the time, and 4 month later he returned to active practice. Pursuant to hi promise we asked him to sive us a state- ment of his case to date and we are mow im receipt of the follgwing letter from Los Ane geles, where he had gome for a perfod: LOS ANGELES, July 24, 1902. JNO. J. FULTON CO.-OentleZen: e For several years I have been afflicted with chronic interstitial nephritis—a lingering form of Bright's Disease. Considering myself doom- ed, I gave little thought to my condition un- ul' forced to do so by the development of pronounced uraemic symptoms in Feruary last. At that time my system became thoroughly saturated with polson generated within the bcdy, owing to the incapacity of the kidneys to_eliminate it This poison "spent its force pri the nervous system. 1 becams o wreck..betng unable either to waik or talk. except with it culty Muscular twitchings were, 50 frequent that T feared convulsions. Insomnla was my most distressing symptom. I was unabla fo sleep for three weeks, and it wae fully three months before I got sufficient sleep. I had no appetite for weeks. The breath was from the excretions that were retained in tha circulating fluld. I became snaemfe and lost 25 pounds in weight. My friends urged me to try Fulton Compound. citifig numerous recover. fes. I was skeptical, but finally interviewed Edito R . Wood of 520 Montgomery strect, who cured. The Tased T To U e Teport he gave in- I have been on the com, over since "1 am. guining in screngin "ag My appetite is better than it for, mentha. T slev':l‘. eight nours .‘varh;‘n?:: men sreat parently 1 am rapidly overtng F nave gained more the past t: Ry previous time since 1 commenced tho irac house at the helght pf Se foror £ 02 S 'g m"{ t‘lucl for over four lcta nurse, yet I continued tl e SR o e leve iton Company will do an 1 deserves amount of good. It success. A. J. HOWE, The doctor can be "&u?'m confirmation of the above by address; Mimosa street during his visit -o"xf,.‘ :!11-’3 ment, 1 omitted to say that I was confined to Amiong several hundred cases Bt Db e St niy four ot these e mpem, e Yery one of them is getting the: able results. None of them, however. e eiatpadvanced as Dr. Howe's case, aithough Was in a very serious condition. Medical works agree that Diseass aro_positively recor P ratton Compounds, Price: $1 for Botieres e S0 $1.50 for Diabetic Com Free ‘mads free. Call or address John J. e o - . Fultom Co.,