The San Francisco Call. Newspaper, August 6, 1902, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, AUGUST 6, 1902. MATINEE TO-DAY, WEDNESDAY, AUG. 6. Parquet, any seat, 25c; Balcony, 10c. Chil- dren, any part except reserved, 10c. EUROPE'S GREATEST SENSATION! CLARA BALLERINI, —In Conjunction With— MMET AND ANNA MORTLAND; AR- BALLERINI'S MARVELOUS CA- : MAZETTI TROUPE; GRATTAN, E AND COMPANY; KATHERINE ELOODGOOD; ZARA AND ZARA; LEW HAWKINS, AND THE BIOGRAPH. COMING—M. JEAN MARCEL’S FAMOUS LIVING ART STUDIES. 25 Gelebrated Parisian ¥odels. e O'Farrell st., bet. Stockton and Powell. Tel. Main 231. FOR REAL | THERE ARE PLEASURE | TWO THINGS ONE IS OUR GREAT TRIPLE BILL. ««POUSSE CAFE,” “ANTONY AND CLEOPATRA,” And <A ROYAL FAMILY” THE FUNNIEST EVER. The Otber Our Cozy. Cool, Delightful Theater | For Real Enjoyment. | TAKE OUR WORD FOR IT. | YOU WON'T BE HAPPY OTHERWISE. | SAN FRANCISCO'S COLUMBIA & The greatest production of this play ever seen. UNIVERSALLY PRAISED. TO-NIGHT AND ALL THIS WEEK. MATIHEE TO-DAY A @ Sar>" SATURDAY. CHARLES FROHMAN Presenting HENRY MILLER, MARGARET ANGLIN And SPECIAL COMPANY in “THE ONLY WAY.” HENRY MILLER as SYDNEY CARTON. MARGARET ANGLIN appearing for the | here in her original role of MIM# GRANDS | HOUSE 4 GREATER SUCCESS THAN EVER! | THE FRAWLEY COMPANY | In an Elaborate Revival of | “TRILBY.” | WILTON LACKAYE as SVENGALIL THEO- DORE ROBERTS, ALICE JOHNSON and | T OTHERS in an UNEQUALED | -10c, 15c, 25¢, 50¢, 7t Matinees Saturday and Sunday. Seats, 25c and 50c, all Matinees. Week—Frawley Company in “LORNA DOONE.” TIVOLEs E—Performances commence at 8 sharp! day at 2 sharp! ht, Friday, Saturday, FAVORITA. Debut of AGOSTINI, Tenor. Next Thureday, Sunday Nights and Seturday Mat., = ARMEN. e only COLLAMARINL 11..NORMA” and “'CARMEN.” SAME POPULAR PRICES—25c, B0c, 75c. | Telephone Bush 9. | LAST WEEK BUT ONE. FREDERICK WARDE | nd his SPECIAL COMPANY. ght and Thursday Eves., Sat. Mat. “THE MERCHANT OF VENICE Thursday Matinee “THE MOUNTEBANK.” Friday and Saturday Eves., “OTHELLO.” Week of 10—Elaborate Production of “DAMON AND PYTHIAS.” SEATS READY. ALCAZA MATINEE SATURDAY. LAST FIVE NIGHTS. FLORENCE ROBERTS Supperted by WHITE WHITTLESEY. “CAMILLE” T, AUGUST 11 “SAPHO" | PHO MATINEE THURSDAY, | JGUST 14. —15c, THEATRE seiasco & PRICES DRUSA WAYNE.” In Preparation, CENTRALZZ Near Eighth. Phone South 533. NIGHT, ALL THIS WEEK, EE SATURDAY AND SUNDAY. Great Military and Sporting Drama, HUMANITY. | to see this Stupendous Production. | iting Sword Combat on Horseback | rof. Clements, Champion Broad- swordsman of America, and Lieutenant Cran- bourne. = Eveniogs, 10c to 50c. PRICES—Rrmie: 16 8% Next Week—'"'A NIGHT AT THE CIRCUS.” ug. 18—Rob't. Fitssimmons in *THE HON- EST BLACKSMITH.” Seats on sale to-day. A GRAND THANKSGIVING AND CORO- NATION CONCERT Will Be Given August 7th, 1902, at 8 o'clock, HATIVE SuNS HALL, 414 MASOA ST, Director, Dr. H. J. Stewart. NATIONAL MUSIC. Reserved Seats, One Dollar; General Admis- =ion, Fifty Cents. Tickets can be obtained at Consulate Gen- ercl, 506 Battery st.; Clarke-Wise Company, 41 Gegry st.; Balfour, Guthrie & Co., 316 Call- : George Moss Company, 116 Geary : Harrison, 305 California st.; J. J. " Flood bulding; F. W. D'Eveiyn, n building; British and American | reckels bullding. Desirable location, unsurpassed cuisine, unequaled service and modern conveniences are the attributes that have made these two hotels popular with tourists and travelers who visit San Fran- cisco. fiotels | the Nevada line and legally wedded, im- | vauled at about $1,000,000. It had been ; evidence, and the denial of the family allow- | in the State of Nevada? | Section 61 1= as follows: | sinning, unless, | penaity MAY LEGALLY MARRY RS NEVADR LI California Supreme Court Fixes Status of Reno Weddings. Statutes of Sister State Must Be Recognized Here. ‘Widow of Attorney Joseph M. Wood Will Secure Share of Es- tate for Which She Fought. R S R T Reno marriages are valid, even though either or both of the contracting parties may not have been divorced for the year required by the statutes of this State. Such is the effect of a decision rendered by the Supreme Court yesterday. Hun- dreds of couples residing in California have been waiting for many months in | feverish anxiety for this final settlement | of the perplexing problem. Once across | | patient lovers are bound together as ef- fectively as they can be under the laws of the United States. There is now no rea- son why the Southern Pacific tracks to | Reno should not be as freely traveled by swains and their sweethearts and as much tinged with romance as the old stage road across the Scottish confines to Grewna Green. Abbie Rose Wood was divorced from Robert B. Smith on August 19, 1897. On | January 1 she went to Reno and was mar- ried to Joseph M. Wood, a prominent lawyer of ‘this city. He died a year or two after this marriage, leaving an estate previously stipulated between the couple that in case it should be held that they were illegally wedded, the wife should re- ceive $10,000. As a widow she will receive about $25,00. An attempt was made to secure the 310,00 for her also, but the court refused to consider the contention. The opinion was written by Justice Garoutte, with whom Justices McFarland and Henshaw concur directly. Chief Jus- tice Beatty writes a concurring opinion. | Justices Temple and Harrison dissent and Justice Van Dyke does not appear in the case. . The salient portions of the decision fol- ow: MARRIAGE GOOD IN NEVADA.} | | This appeal is prosecuted from an order de- nying eppellant’s application for a family allowance, she claiming to be the surviving widow of deceased, Joseph M. Wood. The appeal taken on a judgment roll without the ance was based solely upon the ground that appellant’s marriage with the deceased was & nullity. The appellant, Abble Rose Wood, and the deceased, Joseph M. Wood, were married at Reno, in the State of Nevada, on January | 1, 1888. ' The marriage was by license and soi- | emnized in all respects according to the laws | of that State. At the date of the marriage Jo- seph M. Wood was an unmarried man, and the appellant, Abble, had been previously di- vorced. Her divorce took place in the courts of the State of California August 19, 1897, and the deceased and appellants were residents of California. The divorce upon its face was absolute in form and had not been appealed | from at the time of the second marriage, a period of four and a half months after the decree was rendered. Aside from the question aforesaid decree of divorce, the marriage in the State of Nevada was a valid, binding mar- riage These parties were entitled to enter Into & contract of marriage in the State of Nevada, 1f | appellant upon January 1, 1898, had been pre- viously divorced from her former husband by the decree rendered in the State of California. The question 15 then presented: Was she a single woman at the time she married Wood For if she was a married woman in California at that time she was also a married woman In Nevada, and, therefore, could not contract this second mar- riage. The answer to this question demands a construction of section 61 of the Civil Code, and other sections of the same code bearing upon the subject matjer must be considered in passing on this qffestion of construction. ““A subsequent max- riage contracted by any person during the life of & former husband or wife of such person with any person other than such former hus- | band or wife is fllegal and void from the be- (1) the former marriage has | been annulled or dissolved; provided, that in case it be dissolved the decree of divorce must | have been rendered and made at lesst one year prior to such subsequent, marriage.” NOT THE WHOLE REASON. The court does not find it necessary to seek for the moving cause actuating the Legisia- | ture in amending this section by the recent addition thereto of that provision containing | the one-year clause. It is argued uon the | part of the respondent that it was enacted in | line with a sound public policy, which should | prohibit marriages of divorced persons within the period of time given by the State for an appeal from divorce decrees. Yet it is evi- | dent that this was not the whole reason for | the legislation, for the evil to be avoided would | still remain until the appeal from the decree wes finally affirmed or reversed—a result | which would not be determined within the | one year period. It also may be mentioned | that the time to appeal from a divorce decree | has been shortened recently to a period of six months, and yet the one-year clause found in this section has not been changed to accord therewith. .But whatever may be the public policy which demanded the law, the construc- tion of that law can be arrived at regardless | of that particular policy. It is the contention of respondent that by | virtue of the provisions of this scction of the code appellant was not absolutely di- vorced until one year aftgr the decree of di- vorce was rendered. In’other words, it is | claimed that this section is to be construed as part of the decree by operation of law, and | S0 reading the decree it is not absolute and | not effectual until one year after its rendi- tion; and therefore it is contended that it Was not absolute in this case when the mar- riage took place in Nevada, and consequent- ly appellant was not then a single woman. That the Legislature had power to protide | for the rendition of a decree of divorce by a court which should mot be absolute for the pericd of one year after its rendition we have no doubt, but that the Legislature has falied to so provide by section 61, or even at- tempted =0 to do we also have a doubt. The obvious meaning of the section is that neither of the divorced parties shall marry within the period of one year after the decree of divorce is rendered. The statute is a prohibi- tion pure and simple upon the marriage of either party for one vear, and declares the for a violation ‘of this prohibitory provision to be the rullity of the marriage This is the obvious construction of the sec. tion, testing it by its face; and when it is tested in the light of other sections treating of the same general subject the soundness of this construction is made more certain. AS TO WORD “DISSOLVED.” Bection 81 declares that the subsequent mar- riage 8 void from its inception unless - the former marriage has been annulled or dis- solved, provided that in case it be dissolved the decree of divorce must have been rendered and made at least one year prior to such sub- S T Ofe year prior to such sub- AMUSEMENTS. THE CHUTES! Fulton Street and Tenth Avenue, HIGH-CLASS SPECIALTIES EVERY AFTERNOON AAD EVENING. GEO. B. ALEXANDER; LEANDO BROTH- ERS; JESSIE DALE; DEAS AND DBAS; LEONARD AND LEONARD; HUGHEY EMMETT AND NEW MOVING PICTURES, Dally and Nightly! Don’'t Fall to See Hardy Downing Loop the Loop. TO-NIGHT! BENEFIT FOR RELIEF FUND OF Su.Pi COUNCIL NO, 7, AMATEUR NIGHT THURSDAY. .......... 10c Children Phone for Seats—Park 23. SUTRO BATHS. OPEN NIGHTS. Open dally from 7 a. m. to 11 p. m, CHILDREN 5e. Bathing, including admission, 25c. Children 20c. | last three years as professor in the Hono- | she was on a pleasure trip two years ago | ing to the first marriage, it means and only mean a dissolution of the marriage—a | Again, when a decree of divorce has | the marriage is | | solved one year before either party may mari | to operate upon or effect & decree of divorce. | vorce, can oniy | people intermarry again? INUIRY BEFORE COMMI3GIONERS Police See Evil in the Chinese Watchman Scheme. Necessity of a New Squad Must Be Proven to the Board. The Police Commissioners will investi- gate the scheme of the Six Companies to appoint a squad of watchmen to replace those now doing duty in Chinatown, whok are employed by popular subscription | among the Chinese. An attorney repre- senting the manipulators appeared before the board last night and asked permis- sion to arm the watchmen with revolvers. The attorney stated that but five watch- men were in Chinatown previous to Thursday of last week and that these had since been discharged. This state- ment was inaccurate, as there are nearly twenty of. the old watchmen doing duty | in the section at present and there has | been but little decrease in the number of | patrons. | Commissioner Newhall wanted to know | the necessity of the new watchmen and | postponed the hearing until next Tues- day night. At that time the old watch- men will be called as witnesses and many | policemen who are acquainted with | xChim&mwn will be asked for their opin- | ons. The scheme was opposed by some of the board on the ground that it was dis—; criminating in favor of a certain class of people; also that there had been no | showing made that the regular police force did not afford sufficient protection. The commission fined Officer Hartley $25 | for allowing a prisoner to escape from the | Central station on July 13. HENRY M. LULL MARRIES MISS MARY ALICE WOOD. Happy Bride and Groom Will Make | Their Future Home in Honolulu. Miss Mary Alice Wood, daughter of the Rev. E. A. Wood, was married last even- ing to Henry Morris Hull of Honolulu. The wedding, which took place at the home of Miss Wood's father at 2622 Gough street, was a very quiet one, only a few | friends being present. Mr. Lull, who has been engaged for the | lulu High School, met Miss Wood while{ and they became engaged. He arrived in this city on July 12 last on the Zea- landia. i After a trip to the Yosemite the newly married Fair will sail for Honolulu, where they will make their future home. L i Y ] sequent marriage.”’ Thus the year provision | in direct words applies to marriages already | dissolved; for it declares in substance that the marriage must have been dissolved at | least one year or the second marriage will be | void. The section thus speaks for itself, and | when the verh “dissolve” is used, as relat- | divorce. been ‘‘rendered and made’ dissclved, and the section by the use of those words thus declares it must have been dis- again. The meaning of the word ‘‘rendered, as applied to decrees and judgments, is well | settled; and when a decree or judgment is rendered it has full force and effect. Even the entry of it does not go to its validity. It bas full force and effect, regardless of the merp ministerial act of entering it upon the | judgment book. * * * Section 61, subdivision 1, does not purport It deals with divorced persons. It affects them after the decree of divorce has been rendered, It deals with them after they have become un- married. The article of the code under which this section is found deals with the validity | of marriages. Under the article dealing with the dissolution of marriages we find section 91, which declares: ‘‘The effect of a judg- mént decreeing a divorce is to restore t parties to the state of unmarried persons. By this section the effect of a judgment de. creeing a divorce is lald down; and sections | 90 and 91 substantially declares that when a | marriage s dissolved the parties are restored | to the state of unmarried persons. The word “dissolved'’ is used In the same sense in se tions 61 and 90, and thus it is made plain | that the proviso found in subdivision 1 of sec- tion 61 contains legislation affecting unma. ried persons alone Again, section 194 of the Clvil Code pro- vides: '*‘All children of a woman who has been married, born within ‘ten months after the diseolution of the marriage are presumed to be legitimate children of marriage.”” The words “'dissolution of the marriage,” as bear- ng upon a dissolution of marrjage by di- refer to the time when the decree of divorce is rendered, and the ten | months period mentioned in thé section begins to run from that time. And it would be a contradiction of terms to say that the de- | cree of divorce does not take until one year | after its rendition and at the same time say | that the dissolution of the marriage takss | place when the decree s rendered. If the decree does not take place until one year | after its rendition then the dissolution of the | marriage does not take place until that time. | And it would follow that this ten months’ time l referred to in the statute would not begin to | run until one year after the decree of divorca | was rendered. It is quite apparent that the | statute should not be so construed. BECAME UNMARRIED WOMAN. Let us make a closer examination of this section. It says, in substance, that after the marriage is dissolved the former husband and wife may contract a subsequent marriage with each other immediately. Thus the section itselt recognizes that the first marriage is dissolved by the decree. For, if not dissoived by the | decree when rendered, how could Lhese two It the decree when rendered is but an interlocutory or nisi de- cree, that s, a decree which does not take effect until one year after its rendition, then the former husband and wife could not inter- marry within that period. In answer to this legal dilemma it is said, in substance, that | the decree dissolving the marriage is com- plete as to the husband and wife, but not full and complete as to any other person. This presents another dilemma, for it would be in- consistent to hold that these two people were entirely and completely divorced as to each | other, but not divorced to the extent that either could marry a third person. Surely if they are completely divorced as to each other by the decree then by all law they are com- pletely divorced as to the whole world. This must be so, for the decree is inter partes, and, as far as its binding effect is concerned, the world at large has nothing to do with it. Section 61, being general legislation prohibit- ing marriages between certain persons, has no extra territorial operation. * * * Hence, if a statute, silent as to marriage abroad, as ours s, prohibits classes of persons from mar- rying generally, or from intermarrying, or de- clares veid all marriages not celebrated accord- ing to prescribed forms, it has no effect upon marriages, even of domiciled inhabitants, en- tered into out of the State. Those marriages are to be adjudged of by the courts of such State just as though the statute did not exist.” Bishop on marriage and divorce, section 867, de- clarcs the same rule. Therefore, when section 61 uses the language, ‘‘a subsequent marriage contracted by any person,” etc., it only refers to a subsequent marriage contracted in the State of California, by any person; and the sec- tion should be read as though the Words ‘‘in the State of California’ followed the word ‘*‘con- tracted.”” It can not be possible that the Leg- islature by this section attempted to declare what particular marriages contracted in the State of Nevada, or any other place In the whole world, would be invalid and vold. Sec- tion 63 of the Civil Code, hereafter quoted, ghows that the Legislature never thought of such_legislation. By Inserting the words “in the State of California” in the section, words which it is perfectly apparent should be in- serted by construction; then there is nothing left in this case for respondent. For the mar. riage here contracted and which we have here under consideration was not contracted in t! State of California, but in the State of Ne- vada, and. therefore, section 61 has no appli- cation to it whatsoever. Section 61 refers to marriages contracted in this State exactly as does section 60, which de- clares: “’All marriages of white persons with negroes or mulattoes are illegal and vold.”” In the face of that law, this court held that a mar. rlage between a white man and a negro woman, contracted in the Territory of Utah, being valid there, ‘was a valid marriage in’ this State. ¢ +'¢ It follows from what has been said that when the decree of divorce was rendered, August 19, 1897, Abbe Rose Wood became an unmarried perfon, and belng an unmar- ried person, and otherwise competent to marry outside of the State of California, she could contract a valid marriage with J. ‘Wood in the State of Nevada, under its laws. And the marriage being valid in that State, it was valld in this State. (Pearson vs. Person, ; Civil Code, Section 63), 4 the foregoing reason the order s re- sup) For versed. | to his employment with the Rio Grande WINS THE LOVE OF A CHARMING YOUNG STUDENT Attorney Hess Engaged to Wed Miss Keys of Berkeley. o BERKELEY GIRL WHO IS EN- GAGED TO MARRY ATTOR- NEY WILLIAM T. HESS. * HE engagement of Miss Katherine Frances Keys of Berkeley to Wil- lam T. Hess, the well-known at- torney of this city, was announced a few days ago-and both have re- ceived the congratulations and best wishes | of their many friends. The engagement | is the outcome of a friendship that began when the young couple were attending the University of California. Hess was a member of the class of "9 and Miss Keys was a graduate/of the class of '02. Miss Keys is a daughter of John B. Keys, a prominent broker of this city, | and is very popular among the residents | of the college town. She is vivacious, | talented and prepossessing. She graduated | from the State University last May, hav- ing previously completed her full course | six months ahead of her class. i Hess is a graduate of the Hastings Col- lege of the Law and s now a member of | the firm of Harris & Hess. He is a son | of Frederick Hess, proprietor of the Cali- fornia. Demokrat, one of the leading Ger- man dailies of San Francisco. A reception will be held at the Hess residence, $21 California street, Sunday, August 17, between the hours of 2 and P m. WILL APPOINT DIRECTOR OF PHYSICAL CULTURE | Board of Education Assures German Citizens That Exercises Will Be Resumed onImproved Plan. The members of the Board of Education held a conference yesterday with repre- sentatives of the San Francjsco Turn Vereln and other German organizations for the purpose of outlining a new plan for the study of physical culture in the public schools. After a long discussion | the board decided to employ a competent supervisor of physical culture to succeed | Max Magnus, who was compelled to re- sign. The position will pay a salary of $250 per month. After the conference the School Direc- tors visited the Washington Grammar School for the purpose of inspecting a lot in the rear of the building. The lot is 37:6x137:6 feet and if it can be bought | for a reasonable price will be utilized as a play ground. Director Denman says that the new ‘Washington Grammar School will not be | built until the schoolhouses have been erected in the outlying districts to replace | some sixty _rented rooms used for school purposes. Denman says the Washington School is a good building, an opinion | whllch‘ is not shared by Director Ron- covierl. —_——— POPULAR RAILROAD MAN IS MADE WESTERN AGENT | Fred W. Thompson Will Again Enter Employ of the Rock Island Railway. Fred W. Thompson has been appointed | general Western freight and passenger agent of the Chicago, Rock Island and Pacific Railway. Clinton Jones, who for many years has been general passenger agent of the Rock Island in this city, and | Harry W. Adams, general freight agent, will_report to Thompson, as will also C. E. Smith and Jnrgest Ci glark, respective- ly passenger and freight agent Fock Isiand at Los Angeles. = s Thompson is one of the most popular raflroad men on this coast, and his ap- pointment comes as a pleasant surprise to his many friends. He has been for the past two years general agent of the Ric Grande system in this city. Previous he was general agent for the R in Southern California. Serhe: —_—— Fiesta Week at Richmond. Commencing Monday, Adgust 4, and during the Richmond Carnival season, the Santa Fe will have boat and train service as follows between San Francisco Richmond: Leave San Francisco, Ea’:flg Fe ferry—6 a. m., 9 a. m,, 11:05 a. m., 1:05 p. m., 4:20 p. m., 6:15 p. m. and 8 p m. leave Richmond™7 a. m., 9:58 a. m. 11 g m. 135 p. m. 5:02 p. in. and 6:45'p. m. dafly; 10:20 p. m. Tuesday and Friday: other days the last train will leave Rich- mond at 11 p. m. Round-trip ticket, good for ten days, 45c. . Mrs de la Guerra May go Free. Mrs. Francesca Maria de la Guerra, who was arrested at the instance of Wallace Fitzgerald, her fifth husband, on a charge of bigamy for marrying Carlos de la | Guerra, her sixth, will probabl; rosecuted. Fitzgerald has goflen&t %‘i 'aso, Tex., and has begun_ suit for di- vorce, the papers arriving here by mail yesterday. De la Guerra is named as co- respondent. Police Judge Mogan will call the case to-day. To-Morrow Morning at 9 0’Clock The Lyceum will give its patrons the greatest opportunity ever offered. Men's all-wool suits, worth $15, will be placed on sale 1ort5485: this sale to last only 3 days, viz: to-morrow, Friday and - day. 1000 suits will have to be dlg:::erd of in this short time; they are st; lishly made of all-wool material by Ag'ler & Sons of Chicago. $485 will be the price when the sale begins to-morrow Lyceum, 915 Market streats opposite N scn. . —_—— Food Inspectors Are Suspended. The Board of Health yesterday suspend- ed for ten days Food Inspectors O. §. Mish, F. T. McGinney and T. P. Lydon for neflect of duty. Their offense con- sisted in not coal oiling a small quantity of condemned fruit and seeing that it was removed from the premises, WARRANT [33UED | TAKING VIGTIMS FOR HUGD ASHER| AGROSS THE BAY Accused Attorney Is Re- leased on $250 Cash Bail. Detective Bailey Also Swears to a Complaint Against Mrs. Newman. Corroborative testimony was given be- fore Judge Mogan yesterday helping to sustain the accusation made by Mrs. Mattie Peck against Hugo K. Asher of the City and County Attorney’s office that he had persuaded her to accept $30 fgom Simon Rodriguez and take her daughter, Hazel Kelly, out of the city 80 that she could not testify against Rod- riguez’s son, who was charged with as- saulting the little girl. The matter was thereupon passed over by the Judge to the Police Department and the District Attorney’s office, and yesterday afternoon Detective T. J. Bailey swore to a com- | plaint before Judge Cabaniss charging Asher and Mrs. Margaret Newman, 1211B Bush street, with a misdemeanor in “will- | fully and unlawfully using means to pre- vent and dissuade Mrs. Peck and her daughter from being witnesses in a fel- ony case.” MRS. NEWMAN’S DENIAL. ‘When the attachment proceedings against the little girl were called De- tective Bailey testified that she had not been present at several callings of the case. Mrs. Peck swore that the statements made by her to Captain Martin last Sat- urday as to the reason why she took her daughter out of the city were true. She had been persuaded to do so by Attorney Asher and had received $50 from Rodri- guez's father, she said. She added that Hazel had told her that Mrs. Newman had asked the girl to tell her mamma that if she kept the girl out of the city she would get 330 from the lawyer. Hazel corroborated her mother in this latter particular. Mrs. Peck was recalled and denied sending any note to Mrs. Newman offering to take $200 to take the girl out of_the city. Mrs. Newman denied that she had told Hazel to ask her mother to take her out of the city and that she would get $30 from the lawyer. She again asserted that she got a note on Monday, July 28, pur-| porting to come from Mrs. Peck, to the effect that if the attorney or the attor- ney’s friend would give her $200 she would leave the city with her daughter. She had searched for the note but could not find it. She did not tell Detective Bailey about the note because he had never asked her. She could not say if she had signed a receipt to the messenger boy for the note. She denied ever hearing any- thing sald about money. SAW ASHER AT HOTEL. L. A. Folsom, day clerk at the Hotel Francisco, gave damaging testimony against Asher. Asher had denied in an in- terview that he had ever seen Mrs. Peck more than once, and that was on_the Saturday night of July 26, at Mrs. New- man's, and at that time nothing was said about money or not getting the girl to testify. Folsom swore that on Tuesday, July 29, Asher calied at the hotel with a man, whom he afterward learned was Rodriguez’s father, and inquired for Mrs. Peck. Just then Hazel came to the of- fice, asking what time it was, and Asher spoke to her and the girl took them up- stairs to her mother’'s room. Asher re- turned to the office after some minutes and got some string and paper, which he took upstairs. Folsom did not see the two men leave the hotel. Attorney Gallagher moved that the at- tachment proceedings against the child be dismissed, because she was bound to obey her mother and also because she was too voung to be convicted of contempt of court. The Judge asked Attorney Asherwif he wished to make a statement, and he an- swered huskily “No.” “I will dismiss the attachment proceed- ings against the girl,” said the Judge, “and Mrs. Peck’s sentence will be contin- ued till Thursday, but I wish her and Hazel to be in court to-morrow.” Asher surrendered himself at the Hall of Justice last night and was immediately released on $250 cash bail. LARGE CROWDS WITNESS EXCITING BULL FIGHTS. Toreadors at Point Richmond Have Narrow Escape from Being Gored to Death. POINT RICHMOND, Aug. 5.—The sec- ond day of the fiesta was considerably more successful than the first. The crowd of visitors which has taken possession of the town is steadily increasing. Every- thing passed off smoothly to-day. The town, with its flesta ‘colors and its multi- colored electric lights illuminating the streets at night, presents a very attrac- tive scene. The most exciting spectacles to-day were the bull fights. They were not bloody and brutal, as those conducted in Mexico, but nevertheless they proved exciting enough to satiate any one’s craving for thrilling scenes. About 2000 people witnessed the fights, which were pulled off in the arena on the Santa Fe grounds. The fights were principally noted for the narrow escapes of the toreadors. One of the attendants had a narrow escape from being gored to death. —_———— Typothetae Club High Jinks. The members of the San Francisco Typothetae Club held a high jinks last evening at their rooms on Clay street. A most enjoyable programme of music and recitations was given. Besides a great deal of San Francisco talent there ‘were many visitors from Oakland who assisted in adding to the musical part of the programme. The high jinks was one of the most successful that has been given by the club. The visitors at the conclusion of the entertainment extracted a promise from the San Francisco men that they would respond to an invitation to cross the bay. when a return festive gathering shall be held in their honor. ——————— Damage Suits Filed. . Mrs. O. Sheehan and her husband, T. D. Sheehan, filed a suit for $3000 damages against the United Rallroads yesterday, alleging that through the carelessness of a conductor on a Page-street car, Mrs. Sheehan was severely injured. She al- Teges that the car was started before she had safely alighted therefrom, and was thrown to the ground. Mrs. Mary Mellin, mother of Edward Mellin, who was Kkilled last August in an elevator_accident on the premises of the Union Lithograph Company, filed a suit for $10,000 damages against the com- pany yesterda; ——e————— New Divorce Suits Filed. Sults for divorce were filed yesterday by Julla E. Riedl against Wenzl Riedl for cruelty, Clara A. Weihe against Charles H. Weihe for desertion, Julla A. Randolph against Samuel Randolph for neglect, and John Arata against Lottie Arata for desertion. Divorces on the ground of desertion were granted to Lewis A. Brown from Nettie Brown, and Mary Tilmany from Frederick 'many. ——————— Bail Money Is Not Attachable. City Attorney Lane filed an opinion yes- terday that bail money in the hands of the City Treasurer is not subject to at- tachment. The opinion is the result of a writ of attachment served by Attorney Augustus Tilden on $100 bail deposited by Louis Levy, who was arrested on a charge of alleged fraudulent conveyance of prop- erty. Spokane Elopers Are Di The cases of W. W. Hubbard, sigar dealer at 419 Kearny street, and Mrs. Mary E. Stamm of 81 Pine street, who eloped from Spokane, Wash., and were arrested here, were dismissed by Judge Cabaniss yesterday. Mrs. Stamm’s hus- band did not remain to prosecute the cases, but.returned to Spokane with his daughter. Barbary Coast Robbers Desert Drugged Man in Oakland. Expose by Ths Call Frightens the Thugs From Their Old Haunts. Another victim of the Barbary Coast thugs who kill for money was found in Oakland last night. The local police know that as late as 4 o’clock yesterday after- noon he was in the district where so many mysterious deaths have occurred. He was found lying insensible in the Oak- land depot at 8 o'clock by a couple of passengers, who took pity on a supposed drunken soldier and tried to arouse him. He was in a stupor and was finally taken on board of the boat and brought to this city. At the Harbor Recelving Hospital the surgeons pronounced him sufféring from either chloral or laudanum poison- ing. At an early hour this morning he | was still unconscious. On his person was found $130 in bills and a United States treasury check for | $1284. It is the theory of the police that he was taken to Oskiand for the purpose of robbery but that the thieves became | frightened at his helpless condition and | left him to avoid detection. The exposure in The Call has evidently frightened the | thugs from doing any more work in the city, and they evidently are taking their | victims across the bay to rob them. It was learned early this morning_that the soldier's name was Joseph J. Kral aie has been at the Presidio but a short | me. JUDGE COOK SELECTS THE NEW GRAND JURY { William Broderick, Former City Au-| ditor, Is Appointed Foreman by the Court. The thirty citizens whose names were drawn from the Grand Jury box in Judge | Cook’s court Saturday appeared before the Judge yesterday and out of the num- | ber nineteen were selected. Willlam | Broderick, former City Auditor, was | appointed foreman by the court. The names of the grand jurors are as follow: B.KATSGHINSKI PHILADELPHIA SHOE €O, (0 THIRD STREET, SAN FRANCISCO. . SMART, SWELL, SNAPPY. LADIES’ COLONIAL TIES. Colonial Ties are certainly the tad, and no article of footwear makes a better appearance. The best dressed ladies wear them, and they certainly do look rich and swell. Why not wear them? Here is a special offer: Ladies’ Patent Leather Colonial Ties, with gun metal buckles, plain coin toes and Cuban heels, REDUCED TO $1.90 A PAIR; sizes 3 to T%; widths A to D. LADIES* GLORIA SHOES. PINGREE GLORIA SHOES ARE WORLD FAMED. Real merit has made the Gloria Shoes for ladies popular. One trial convinces a lady that they are cer- tainly in a class by themselves. They are the best shoes for $3.50 ever offered, and you never hear ladies who wear ‘them complain that they slip on the heel, nor burn the feet, nor lose their shape. They are made right, and every pair is guaranteed. We carry them on every last—broad or narrow toes, light or heavy soles, high or low heels; in patent leather, vici kid or velour calf; all sizes, all widths; E. Dalley, Ellis and Powell streets; Matthew _O’Brien, 401 Twenty-third street; S. W. Dennis, 416 Parrott building T. P. Andrews, 109 Montgomery street: John Bennett, 25 Sansome street; T. Cary | Friedlander, 431 California street; Alfred ! Lilienfeld, 908 Market street; John J. Mc- | Grath, 1617 Mission street; Charles L‘ Field, 1230 Geary street; Willlam Brod: erick, 1233 Guerrero street; Marion Leven- tritt, 1950 California street; P. McG. Mec. Bean, 1358 Market street; 1. W. Lees, 1022 | Pine street; H. M. Black, 838 Howard street; Frederick K. Bushnell, 1510 Market street; Orville D. Baldwin, 3700 Wash- | ington street; William J. Golcher, 538 Mar- | ket street; . Russ, 14 Columbia square; Joseph Black, Lombard and Bat- | tery streets. WISCONSIN SYNDICATE BUYS TIMBER LANDS. Million Dollars Is Paid for Rich A Wisconsin syndicate has purchased an extensive tract of land in Del Norte County. The deal is said to be one of the biggest ever consummated in this State. The purchase price was $1,000,000. The land is covered with redwood and is | chiefly valuable for its timber possibil- ities. The land belonged to Isaac Minor, whose holdings are so extensive in Hum- boldt County that he is known as the | Humboldt redwood king. Negotlations | for the sale had been pending for several | months. The Wisconsin capitalists were | represented in the gigantic deal by N. C. | Foster, president of the syndicate. | The property comprises about 25,000 | acres In Del Norte County and includes | the harbor at Chetco, sawmills and four | miles of railroad extending through the | timber land to the shipping point. ' —_—— Institute on Firm Basis. The trustees of the Mechanics’ Institute met last night and transacted a great deal of official business and decided that the | drawing classes shall be discontinued temporarily until better accommodations can be obtained. The financial reports | showed the institute to be on a firm basis and an_exhaustive account of inspection into the workings of the libraries throughout the astern States by the llbra{ian was listened to with intense in- terest. ————————— Former Soldier Goes to Penitentiary. George Schubbert, a former soldter, who was convicted of passing forged checks on E. A. Aigeltinger and Smith’s_Cash Store, was sentenced by Judge Dunne yesterday to serve seven years In San Quentin. ADVERTISEMENTS. MRS, HULDA JAKEMAN Wife of President Jakeman of Elders of the Mormon Church, Salt Lake City, Utah, Recom- mends Lydia E. Pinkham’s Vegetable Com¥|md For Wo- man’s Periodic Pains. ““DEAR MgRs. PINKHAM :—Before I knew of Lydia E. Pinkham’s Vi etable Compound I dreaded the approach of the time for my menstrual period, as it would mean a couple of MRS. HULDA JAKEMAN. days in bed with intense pain and suf- fering. I was under the physicians care for over a year without any relief, ‘when my attention was called to Lydia E. Pinkham's Vegetable Compount several of our Mormon women who had been cured through its use. I began its systematic use and im- proved gradually in health, and after the use of six bottles my health was completely restored, and for over two ears I have had neither ncl;::':rm ou have a truly wonderful for women. Very sincerely yours, _HuLDA JAREMAN, Salt LakeCity,Utah.” —$56000 forfeit If above testimonial is not genuine. Just as surely as Mrs. Jake- man was cured just so surely will Lydia E. Pinkham’s Vegetable Conipound cure every woman suffering from any form of fe- male ills. Mrs. Pinkham advises sick wo- men free. Address, Lynn, Mass. ONE PRICE—83.50. WHAT S5e WILL BUY—Ladles” Tan or Black Vici Kid Lace Shoes, French stitched or leather heels, loin toes and tips; odd lines in sizes 8 to 415, widths AA to B; formerly sold from $2.30 to $4.00. We do not guarantee to fill country orders on the S5¢ shoes. New Illustrated Catalogue just out. Send for ope. B. KATSCHINSKI, PHILADELPHIA SHOE CO. 10 THIRD STREET, San Francisco. ...SHAVE YOURSELF THE ORIGINAL AND BEST Every Razor fully warranted to REFUSE IMITATION. ence. For sale at leading Cutlery 8-12 Reade Street, New York. IT IS PLEASURE WITH THE SAFETY RAZOR RAZOR IN THE WORLD. Shaves Clean and Never Pulls Shave any Beard. ONCE TRIED—ALWAYS USED is a little higher in price, The sm but well worth the differ- Departments all over the world. KAMPFE BROS., Mfrs., FAVORITE FOR WEAK WOMEN HICHESTIR' PTURE] Dr.Pierce’s W. NOTARY PUBLIC AND ATTORNEY-AT-LAW. T. HESS, ornia st., below Powell, Residence Telephone, James 1501. DIRECTORY OF RESPONSIBLE HOUSES. Catalogues and Priee Lists Malled on Applieation. COAL, COKE AND PIG IRON. & CWILSON & CO.. 20 ot FRESH AND SALT MEATS. JAS- BOYES&CO g opnm e OILS. LUBRICATING OILS. LEONARD & ELLIS, 418 Front st, S. F. Phone Main ITI& PRINTING. E C. BUGHES, 511 Sanscme st A My