The San Francisco Call. Newspaper, September 23, 1903, Page 7

THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 23, 1903 atest of E qual ( e ( e ( ( A ARAB h nwnwn COUCH extra FRENCH Fren velin 23 AMUSEMENTS. COLUMBIA N i LEADING N st une COMEDY, Savage A MUSICAL & wy rs, Authors of King Dodo. NT FORME-Y OPER 4 HOLISF SUNDAY. with & sou- at Satur- v and La - Pix OU HAF SE SRANDS lady resen Last Four Nignts. POLLARD LILLIPUTIAN OPERA CO. LAST NIGHT ! DOROTHY ORROW NIGHT FRIDAY & MURDAY MATINEE, | Gilbert and £y # Comic Opera, L, .S. PINAFORE Saturday Night, THE BELLE OF NEW YORK SUNDAY MATINEE, JAMES NEILL in A GENTLEMAN OF PRICEE 5 M s, UNPRECEDENTED SUCCESS OF FLORENCE ROBERTS Appearing To-night, Saturday and Sunday Tvenings end Saturday Matines in The Adventure of L.ady Ursula. MAT. and THURS. and FRIL EVGS. D'ANNUNZIO’S GIOCONDA. Evenings, 25c to TSe; Sat. Mat., 15c to 50c. Night Prices at Gloconda Matinee. Next Monday—Last Week but One, MISS ROBERTS IN ZAZA. TIVOLIRSSEe HOUSE. O-NIGET— Fridey and Saturday Nights. BIZETS GREATEST OPERA, “CARMEN” Adelina Tromben, Emanuele \CE Belasco & Mayer, prietors D. Price, eral Manager. Ge rHURS Cloe Marchesint Ischierdo, Giuseppe Zanini. Thursdey and Sunday Nights, Sat. Matinee. Verdt's Lyric Drama, “LLA TRAVIATA” (CAMILLE) Tina @e Spads, Gluseppe Agostini, Adamo Gregoretti. Prices as Usual—25c, B0c, TSc. Telephone Bush 9. CENTRAL = p Props. Market st., nesr Eighth. Phone South 53. TO-NIGHT—ALL THIS WEEK, SATURDAY AND SUNDAY MATINEES, Boucicault's Famous Melodrama, AFTER DARK. SEE The River of ¥ Water! The Plunge for a Life PRICES 305 Train! The Lightning Express Dicey Morris' Dancehall! Great Specialties! The Underground Rail MATI y. Beptember 285, Opening of L. R. KW ELL Engagement in Hoyt's “A Tem- . Tow Weekly Call,$1.00 per Yeac ADVERTISEMENTS. = ery special, unequaled val- pes in home necessities. You have never before seen prices so fow in Madras Curtains,Couch Covers, Comiforters and Arabian Lace Curtains. This Is the first generai introduction of our Drapery Depariment to you and we want the impression to be a good one. MADRAS CURTAINS g 1 line of color vair, striped Madras, special 90c. r pair, striped Madras, special $1.26 COMFORTERS ity Silkoline Comforter, filled stton; pretty designs and color- al for the wi LACE CURTAINS ru and White Lace Curtains, ity; 3 yards long by 30 N LACE CURTAINS Arabian Lace Curtains, r the week, special. $1.75 r the week, special . $2.75 panels, patterned “THE CREDIT HOUSE,” =235=237 Post Street. Attrac- | iped Madras s; shipment just effects in eck, 8be. special per pair .75¢ 1 per pair...$1.75 cial per pair...82.00 special per pair...$3.00 in special special , special . special. ... COVERS material, good us colors. wearing PORTIERES r Eastern designs 1 weaves Sar- PANELS fter the les. Price £50.00 Mills of Marsei WAY BACK! u_Don't Buy Your Seats Barly J PACKED TO THE DOORS rous Unprecedented Success. Greatest Comedy Opera in Years. The | Chaperons “We're All Good Fellows ” { | \ The Talk of the Town | ] ORIGINAL ALL-STAR NEW YORK e Chorus. Unsurpassed Male Dazzlinz Beauty Chorus. This Week Only- Matinee Saturday. MATINEE TO-DAY, WEDNEEDAY, Sept. 2 Paraquet, any seat, 25c: baleony, 10c; child- any part excent reserved, 10c ren, Falke and Semon; Marlo and Aldo; Wood and Ray; Frederic Bond and Company; Arnesen; James Richmond Glen- roy; Princess Losoros and E. Roubsy’s Latest Epectacular Novelty, “IN PARIS” An Electrical Review in Four Tableaux. Peiclsig The last big Double Bill of Burlesques, Our *All Star” Including, KOLB AND DILL BARNEY BERNARD WINFIELD BLAKE HARRY HERMSEN R ELEANOR JENKINS Reserved Seats—Nights, 26c, 50c and Tdec. Baturday and Sunday Matinees, 25c-and b50c. Children at Matinees, 10c and 28c. SPECIAL! “THE PARADERS,” our next great Musi- cal Comedy, Monday, Oct. bth. JOHN LE CLAIR The Artistic Comedy Juggler. and a GREAT SHOW EVERY AFTERNOON AND EV ING IN THE THEATER. CABARET DE LA MORT.” ——VISIT THE ““MYS" MIRROR MAZE." LION SLAYING BABOON IN THE ZOO! ADMISSION, 10c; CHILDREN, be. When honing Ask for ‘‘The Chuts Inepect MISCELLANEOUS AMUSEMENTS. Charles Ernest; | || “The Glad Hand"” and ‘“The Con-cure | JUDGMENT GNES HER A FORTUNE Charming Little Girl Is Suddenly Made Wealthy. Supreme Court Fractically Nullifies the Will cf Joseph Ross. s by Little Ethel Ross of 1123 Sanchez street dld not have a penny she could call her own yesterday morning. Yesterday after- noon the Supreme Court declared ghe was | the rightful owner of San Francisco real estate worth more than $50,00. Her mother is married to Carl Jansen, who has been struggling hard for several | | years to make a living in the city's tatloring shops. The family will soon be | placed in a position of affluence. Yester- | day they were wild with joy when they learned of the decision of the Justices of | the State's highest tribunal. It all happened through a mistake on the part of Joseph Ross, who died in this | city five vears ago. Deceased was pos- | sessed of a fortune worth a trifle more | than $150,00. He had two sons and two | daughters. He became ¢stranged from | the boys and cut them off with a pittance. | Ross, however, did not know that one of | them had been married and had a daugh- | {ter. On that account the little, durk-eyed girl is an heiress. | Joseph came to San Francisco a poor | | man many decades ago. By dint of hard | | work and an occasional of good for- | tune he became essor of much { valuable real estate in the heart of the | city. His sons, Joseph and John, disap- | pointed him and he set them adrift. * ! Joseph married the present Mrs. Jan- | sen in 1887. A vear later he went to the | State of Washington for his health. For | ¢ight months he wrote frequent endearing | letters to his wife and then he was lost | sight of. Diligent inquiry on the part of | the wife failed to reveal anything in re- | gard to his fate‘and after several years he was given up for dead. The little girl, | | Ethei, was born shortly after his depar- | ture for the north. MOTHER MARRIES AGAIN. Finally the mother had herself declared | a widow by the courts and subsequently | was quietly wedded to Carl Jansen. She kept the little girl with her always. Jo-| seph Ross passed out of this life October | 18%8. On March 12 of the same year | ) had made a will in which he devised | his fortune to his daughters. He pro- | | vided that his sons, Joseph and John, ! | should each recelved $10 and expressly | stated that they should get nothing more. ‘ The will was offered for probate by the | | executors and the court issued a decree of distribution on October 20, 1899. | "Mre. Jansen and her daughter never had any idea that they were entitled to | any part of the rich estate until some one | told the mother that the little girl had a claim to a fortune. Two months after | he issuance of the decree of distribution | | a petition in behalf of Ethel Ross was filed at the County Clerk's office request- ing that the previous order be annulled. | The court granted the petition in spite of the protests of the executors of the | estate and the beneficiaries of the will and | when the case had been heard declared | that the child was the rightful owner of | | one-third of the property left by Joseph | Ross, the father, An appeal was taken | to the Supreme Court by the litigants. 4 Meanwhile the Jansens and the little | girl continued to live in straitened cir- cumstances, but hopeful of some time | | coming into possession of the property in | | 1itigation. The case has been before the | SBupreme Court for about two years. | | CHILD'S CLAIM IS LEGAL. | | The court holds that the will of the | { elder Ross has no bearing on the case of | | the minor litigant. The capitallst sup-!| posed that his son was still living and did | | not know that he had been married. He | knew nothing of the existence of his granddaughter and erred in not recogniz- ing the possibility that his son might bave an heir. The court holds that the | little girl had a claim on the estate and | the fact that her deceased father had been bequeathed $10 was of no Import from a legal standpoint. _ | The two daughters of Joseph Ross Sr. | argued that the granddaughter had ap- peared in the matter at too late a date. | The Supreme Court agrees with the lower | tribunal that it Is not justice to apply too stringest rules In cases like the one | at bar and that a mere technicality should not deprive the little girl of her | fortune. John, the second son, is not af-| fected by the decision, but otherwise Jo- | seph Ross might just as well have dled | intestate according to the decision of the court | The opinion is written by Justice Lori- | gan, with whom Justices Henshaw and | McFarland concur. The property belong- ing to the estate of Ross is on Third street, hetween Market and Mission, and on the lower part of Eddy street. ithel Ross, the little heiress, Is just 15 | | vears old and unusually pretty. The fam- | ily was preparing to move to 312 Elizabeth street when they heard the joyful tid- | inge. They did not expect to hear from | the case for several months yet and were | pleasantly surprised at the information | that the fortune had at last come to the child. She has just finished a course at the James Lick Grammar School. She 1s | very fond of music and states that she will now cultivate her taste in that di- rection. . | e—————— NEW ADVERTISEMENTS. SCIENCE SETTLES IT. Dandruff Is Caused by a Germ That Saps the Hair’s Vitality. It is now a settled fact that dandruff is caused by a germ. Falling hair and baldness are the result of dandruff. Dr. E. J. Beardsley of Champaign, I, got hold of the new hair preparation, New- bro’s Herpicide—the only one that Kkills the dandruff germ. He says: “T used Herpicide for my dandruff and falling hair, and I am well satisfied with the result.” Dr.J. T. Fugate of Urbana, Iil., says: I have used Herpicide for dan. druff with excellent results. I shall pre- scribe it in my practice.” Herplelde kills the dandruff germ. Physiclans as well as the general public say so. Sold by lead- ing druggists. Send 10c in_stamps for gz‘mfifle to The Herpiclde Co., Detroit, ch. CASTORIA For Infants and Children. The Kind You Have Always Bought Bears the M——: : Sigunature of 'LYRIC HALL | I Greenbaum ) 1rection NEXT MONDAY AND TUESDAY, September 28 and 29. Matinee Next Tuesday, Sept. EVERYMAN ANY Special 20, In an Elizabethan Production of SHAKESPEARE'S TWELFTH NIGHT RESERVED SEATS—$1 50 and $1 now on sale at Sherman, Clay & Co.'s. DON'T FAIL TO see the beautiful COURT Loungi Eflflu EMPIRE LOR, the ALM ROOM, the LOUIS XV PAR- LOR, and the LA- DIES’ WRITING ROOM. WORGE THEIR JINGLE THOUGHT Michael and Beatrice Otway Agree on One Point. P s 2 Complaints Against Each O her on the Samz Day. page < File It sometimes happens, and it is a pop- ular idea, that marriage is ths bringing together of two souls with but a single thought. The marriage of Beatrice and Michael Otway Is an instance. They were married in May of last year, but it was not until yesterday that they dis- covered that thelr minds were running in the same strain. Perhaps the fact that they separated just & year ago yesterday had something to do with thelr oneness of mind. It may also have been brought about by a knowiedge, mutually possesged, that when a wife leaves a husband, or vice versa, a year must elapse before an ac- tion for divorce can be brought. At any rate shortly after 11 o'clock yesterday morning an action for divorce was filed with Mrs. Beatrice Otway as plaintiff and Michael Otway defendant. The charge was desértion. Two hours later the name of Otway was again placed on the slip in the County Clerk’s office con-! taining the names of mismated couples who desired freedom from matrimonial bonds. In the second action, however, the husband was the plaintiff, though the charge was the same. It now remains for the court to determine which of the Ot- ways is gullty of desertion. SAYS MAGEE IS BRUTAL. Frieda Magee, who on October 12, 1901, was married to Roger D. Magee Jr., the son of Rodger D. Magee, is seeking a di- vorce on the ground of extreme cruelty. In her complaint she alleges that two months after she became Mrs. Magee her husband cruelly beat her and that in the months of January, March and October of last year he did likewise. He also chas- tised her in a most strenuous manner, she says, at least once during every month from October, 1802, to August of this year, when she left him. She says that three times during thelr married life she grew tired of her husband's alleged brutal- ity and left him, returning to him on two occasions on the strength of his promise to treat her decently. When she became Mrs. Magee she a Miss Schnibbe. She was only 18 years of age and her hus- band was 22. Josephine MacDonald, who is being sued for divorce on the ground of cruelty, answered her husband’s complaint yester- day with a general denial of all his charges, except that in which he accuses her of flling an afdavit with the of- ficers of Hesperian Parlor, Native Sons of the Golden West, in which she charged her husband with being a drunkard and a loafer and an associate of the lowest ot the low. She admits the truth of this charge. With her answer Mrs. MacDon- ald flled a petition for alimony pending the suit. She says she is penniless, lack- ing even funds to defend herself against her husband’s charges. An order was is- sued directing young MacDonald to ap- pear before Judge Sloss Friday next and show cause why he should not be com- pelled to furnish his wife with funds to defray the cost of defending his suit and to enable her to subsist without appealing to the charity of relatives and friends. DOES HIS OWN WASHING. In a cross complaint filed by Peter Mitchell in the divorce proceedings brought by Therese Mitchell he accuses her of being a cruel wife. He says also that she is an unfaithful one and addicted to the excessive use of intoxicants. He charges that because of her love for liquor she has neglected her 15-months-old child and has so managed or neglected to manage her household that he has had to | very frequently prepare his own meals | and do the family washing. A suit for divorce on the ground of fail- | ure to provide was filed by Anne A. Northrop against Melton Northrop. ‘An_amended complaint for divorce was filed by Amber Wilkerson, le#ding lady at Fischer's Theater, against Ira Puerl Wil- kerson. The amendment consists of tech- nical changes in the original complaint and was filed with the consent of the de- fendant. PREFERS SINGLE LIFE. Though Annie McNeil has been a wife for less than half a year, sl single blessedness to that of a matron. | In accordance with this belief she filed a suit for divorce against George McN She charges him with cruelty il. and says that from a few hours after the wedding | | up to a few days ago he treated her in- humanly. She says that he has been so brutal to her that a few days ago she came to the conclusion that if she contin- ued to live with him her life would be | | endangered, and left him Mrs. McNell charges in her complaint that McNeil, on the very day of their marriage, March 17 of this year, gave her a cruel beating. He used his fists and his feet, she says, and cursed her between blows and kicks. This performance, she says, was repeated on May 24 and again on June 7. On June 13, she says, he agaln beat her in a most brutal manner, wind- ing up the affray by firing two shots at her. Judge Kerrigan annulled the marriage of Ada Johnson to John R. Melburn, she learned that he had a wife in Swi den from whom he had never been di- vorced. Divorces were granted to Augus- ta Miller from John D. Miller for deser- tion, Lucy A. Tilli from Carlo Tilli for desertion and Richard F. Dawson from Elizabeth Dawson for infldelity. —_———— HARRISON’S PETITION MEETS WITH OPPOSITION Sarah McKinnon Claims She Should Be Appointed Guardian of Her Grandson. Just who shall be the guardian of the person and estate of Francis Eugene Me- Kinnon, a Seattle youth, aged 12 years, is the question that will shortly be de- termined in the local courts. There are two people who desire the care of the boy and his property. They are Sarah McKinnon, his paternal grandmother, and E. C. Harrison, a local attorney. They have both filed petitions to be appointed his guardian. Harrison’s petition was flled several weeks ago, and with it was filed a con- sent to his appointment signed by the boy’s mother, Mrs. Mattie McKinnon. Yesterday the grandmother filed a peti- tion claiming that she is best fitted to care for the little fellow. She also ad- vances as another reason for her appoint- ment the fact that the vouth’s mother was adjudged insane some months ago and at the time she signed the docu- ment filed by Harrison she had not been restored to competency. Desire Heavy Vote. The board of directors of the Merchants' Association has issued a circular request- ing that all of its members and all other employers allow their employes who vote plenty of time to cast ballots on the days of the approaching bond elections. > is already | of the opinion that she prefers a life of | She | complained that after she became his wife | ll(n Alaska, will begin in Judge Graham's | | W. J. Gilbert, J. H. McCloskey, Paul | Keyser, J. F. Steimke, B. H. Weiners, T. Jenkin, N. Denvir, W. A. Peake, C. ADVERTISEMENTS. Herlile lleyeDeen, /7 Two-thirds of the inmates of our hospitals are women. They are in most cases either for treatmen® or for an operation, made necessary by advanced stages of female troubles which have resulted in ovaritis, a tumor, or displacement of the womb. “AN OPERATION NECESSARY.” How these words after the examination strike terror to a woman’s soul, and with what regrets she hears them, when she considers that the operation has become necessary through her own neglect. Female derangements cannot cure themselves, and neglecting the warnings of nature only means putting it off until there is no cure. The woman who lets her trouble make headway pays the penalty of a dangerous opera- tion and a lifetime of impaired usefulness at the best, and the operation often proves fatal when her life might have been saved by Lydia E. Pinkham’s Vegetable Compound. When women are troubled with irregular, suppressed or painful menstrus ation, weakness, leucorrhcea, displacement or ulceration of the womb, that bearing down feeling, inflammation of the ovaries, backache, bloating (or flatu= lence), general debility, indigestion and nervous prostration ; or are beset with such symptoms as dizziness, faintness, lassitude, excitability, irritability, ner- vousness, sleeplessness, melancholy, and ‘‘ want-to-be-left-alone "’ feelings, and the blues, they should remember that there is one tried and never-failing remedy; Lydia E. Pinkham’s Compound at once removes such troubles. READ THE FOLLOWING LETTERS. ®Dear Mes. Prxgnas:—I cannot tell you how much good you have done me and how thankful T am to you for it. For five years I have not been free from and those awful dragging sensations with leucorrhcea, an in for a day. I have had backaches, headaches, when menstruation appeared I was in such a condition I could hargl ly sit up. I doctored all the time, but nothing helped me, and I was told that am operation was necessary. “ Two months ago a friend suggested that I try Lydia E. Pinkham’s Vegetable Compound. It brought me the first well days I have fiar& It did for me what doctors could not do, and I want every suffering woman to know UISE NAUER, 751 E. 166th St., New York City. one knows what it has done for me had for five about it.” — and how thankful I am for it. No “DEAR Mrs. Pinknay:— I wish to thank you for what Lydia E. Pinkham’s Vegetable Compound lacerated from the birth of my child. The doctor told well and strong. I submitted to it, but was worse than Finally a friend advised me to try your Vegetable Com; und ; I did has done for me. I had terrible hemorrhage‘:I being me that if I would have an operation I would be before ; no one knows what I suffered. 50, and commenced to feel better; I continued its use, and it has done for me what doctors could not do. I am strong and well. If women with any kind of female troubles would onl; to an operation they would be spared many hours of { what you have done for me.” — AN~a KiromnoFF, 156 100th St., New in and suflering.’ o consult you before submitting cannot thank you enough for rk City. S$5000.00 FOREE!T, ! rocunnct forthwith produce the original letters and signatures of above testimonials, whieh will prove ute genui edicine Co., Lynms, WISE IS THE WOMAN WHO HAS FAITH IN Lydia E. Pinkham’s Vegetable Compound. JURY WILL DETERMINE MERITS OF DUFFY’S SUIT Twelve Men Selected to Adjudicate the Rival Claims of Two Alaska Miners. The taking of evidence in the suit of Thomas Duffy, involving $900,000, brought by him several months ago against Jafet | Lindeberg, an owner of mining properties | court to-day before a jury. The twelve men who are to pass upon the merits of the case and who were impaneled yes- terday are Robert Broad, W. H. Nason, Fleming and D. Swannack. Attorney J. C. Campbell represents Lindeberg and George D. Collins s the attorney for Duffy. In the opening state- ment made by Collins yesterday he said that his client was entitled to recover by right of interest in the claims clalmed by the defendant. Campbeil in opening his case said that he would prove that Duffy was not en- titled to any of the yield of the claims because his client possessed a deed made by Duffy giving to him all his interest in the properties. The deed, according to Campbell, is a release of all the plain- tiff's claims for the sum of $20,000. —_—————————— George Castner Killed by Gas. George Menaugh Castner is the latest victim of gas in a lodging-house. He came to this city from Seattle three months ago and secured employment to work as an electriclan for the Western Union Telegraph Company, taking rooms at 743 Eddy street with his wife and child. For the last week Castner had been complaining of pains in the region of the heart. He retired in excellent spirits at 9:30 p. m. last Monday, and at 6 o'clock in the morning his wife Minnie awoke and saw that her husband was not in bed. She smelled {lluminating gas escap- ing and on going to the Kkitchen found her husband lying on the floor in his night clothing, dead. The key of the burner of a gas stove was partly open and gas was escaping. The Northwestern Personally Con- ducted Excursjons. The tourlst sleeping-car service from San Francisco to Chicago, via the Chicago, Union Pacific and Northwestern lines, offers many advantages to those who desire to make the journey In a comfortable manner and at small expense. The cars are neatly upholstered and similar in general construction to first-class gleeping-cars, and the cost of a completely equipped berth from Pacific Coast to Chicago is only $6. They leave San Franclsco at 8 a m, Wednesdays and Fridays by Union Pa- cific and Chicago and Northwestern rallways, at 7 p. m. Thursdays and Saturdays by Rio Grande route, For further particulars apply to your nearest ticket agent, or R. R. General Agent Pacific Coast, Chicago Northwestern Railway, 617 Market street, B.nn Francisco, ———————— Says Health Board Is Wrong. Fannle Angela May, who owns a bufld- ing on Dupont street, near Washington, that has been condemned by the Board of Health, filed a suit yesterday for an in- junction restraining the board from tear- ing it down. She charges that the board Is acting without right and not within the authority of any law. Ely Stern Co. Bankrupt. The Ely Stern Company filed its sched- ule in involuntary bankruptcy yesterdayI in the United States District Court. Its | liabilities are $23,856 and it has no assets. | Its principal creditors are City and Coun- ty Bank of San Francisco, $9950; Schoss | Crockery Company, $4285, and M. A. Frank, $2000. The remainder of its credi- tors represent less than $500 each. ————— Issues License for New Bank. The Board of Bank Commissioners i sued a license yesterday for the gstab- lishment of the Pacific Savings Bank in Los Angeles. The institution, which is capitalized at $25000 will open its doors for business October 1. The officers are Ralph Rogers, president: W. P. Wilson, vice president, and H. L. Lunt, treasurer. —_—ee———— Buy your watches at Lundy's, 4 Third street and 752 Market street. L, —————— Chinaman Attempts Suicide. A Chinaman named Ah Lee made & desperate attempt at self destruction in his home on Waverly place yesterday by drawing a razor across his throat. He was found by Officer M. C. Mahoney of the Chinatown squad and rushed to the Emergency Hospital, where the gap- ing wound was closed. It is thought the Chinese will recover. ADVERTISEMENTS. Fancy Vests $1.85 Faney vesf will be worn more than ever this season. They are certainly neat and dressy, and furthermore tone up a suit consider- ably. e $1.85 line. have fancy vests of all kinds. They are made of pure worsted In particular we mlention our wool or silk matelasse, either goods with woven silk figures in some color that harmonizes with the ground; the ecolors are gray, tan, brown, black and navy. Grl‘; is very popular this ests are make—hence the low price. Our price is $1 Qut-of-town orders filled atest single-breasted ecut with button $3.00 is the customary pi SN'Wo0D (0 ear—we have it in a number of shades. r‘)utkel flaps. Our ce for such vests. Mail orders filled—write us 740 Market Street