The San Francisco Call. Newspaper, November 29, 1903, Page 35

127 \\\" L § the Liviaiy HPagcs_ 35to 48| CLAIOS SHE 15 WIDOW OF CAPITALIST Alexander Boyd's Es- tate Is the Subject of Controversy. | First Wife Now Asserts His Divorce From Her , | Was Illegal. [ —_— | For Forty-Seven Years the Alleged | Relict Has Been Married | to Another Man in Philadelphia. - of the late capitalist, who died on February subject of a controversy o> women figure as widows, | of the vast prop- the deceased. ming a sh; lared competent | his estate to The'wid- bate Court for a sons. Pro te on September fterward the an answer be- ng that she vyd and en- | the case | from | ' weeks ago she | de the di Boyd ag who for Hallowbush ¢ ed ward and yvd secured | technical m e entitled | estate of the dead | s | CRDERS DEPOSITION TAKEN. i ¥ t J ffey has issued an | on of the alleged | be taken and| ibution of the es- | rney and Judge C. Van nsel for the California | Lioyd & Wood eler & Hoeffler repre- | man in Philadelphia who e the legal widow of the de- | t and McEnerney authorized | e of the following statement | disputed facts in the case | of Boyd: as we understand It, ese facts: In December, Boyd, over | oversy arises, Anderson, the Pa., conte 1841 hose estate gar Philadelphia, until about then followed and in 1848, & his conditio ttle property he had and | ceeds over to his wife, | ay his traveling in Philadel- | in delicate | acola, Fla., where nt at his trade | rds at better | in Phila- | until = 1849, | red in Califor- tly to this State and | tled in Sacramento, ! hs after leaving Phila- ed from his wife that rn to them and from her means for her 1 that of their child, who | named Thomas W. Boyd. ED TO JOIN HUSBAND. al occasions after coming to e and during the first years of residence here Mr. Boyd requested come to him and make their ho raia, offering to send her the r to make the journey, but she interposed objections and refused | to come. Thereafter, in 1856, from rela- tives in Philadelphia Mr. Boyd received | the information that his wife had, in | June of that year, entered into a second arriage with one Henry Hollowbush Philadelphia and that she was then ng with him in that city. He imme- diately made investigation and ascer- tained that this information was cor- e and thereupon he at once com- | menced an action against his wife for | divorce on the ground of adultery. This a was brought in the old District Court of the Sixth Judicial District at ramento, and, the wife not being in this State, the summons, as the law red in such cases, was served by on and by sending a copy of :mmons and complaint by mail to wife at Philadelphia. Depositions in the case were thereafter taken at Philadelphia, and personal notice of the taking of the depositions was served upon Mrs. Boyd, as appears from the affidavits on file in the case. These itions show that she had been married to Hollowbush on the 11th day of June, 1856—the marriage having been publicly solemnized at the Tenth Bap- tist Church in that city—and that she was at the time of the taking of the depositions living with Hollowbush as his wife. WIFE FAILED TO ANSWER. “The wife made no answer or appear- ance in the suilt, her default was en- tered and on the 16th day of November, 1857, the District Court rendered its Judgment granting Mr. Boyd an abso- lute divorce. Some six years later—in June, 1862—Mr. Boyd married the pres- at Boyd pr th his his wife tc n m the | imprisonment. | case up as soon as he opened court. As tive Ryan was unable to see the widow. | An effort will be made to have Mrs. Coit swear to the complaint. If both | M, Boyd's death for the first time, is | alleged defects of purely { munity property, GARNETT GGt 15 POSTPONED Attorney Alford Asks Time to Prepare a Defense. Major McClung's Widow Is Asked to Swear to Complaint. A Alexander Garnett, the man who killed Major McClung in the apartments of Mrs. Coit at the Palace Hotel last Wed- nesday night, presented a pitiful ap- pearance in Judge Fritz's courtroom yesterday morning. He was very pale and showed the effects of worry and He sat beside William H. Alford, his counsel, and manifested keen interest in the proceedings. The courtroom was crowded. Attorney Alford was unprepared, as he had been engaged by the defendant at midnight. He was anxious to obtain a postponement. Judge Fritz took the soon as he called the case of the people Garnett, counsel for the prisoner made his motion for a continuance. He based it on the ground that neither the police nor any one else had filed a com- plaint against his client. Mr. Alford further stated that he deeired to con- Mr. Garnett and arrange his de- fense. He therefore asked that the case go over until next Tuesday. Judge Fritz looked over his calendar and agreed to the request. Garnett gave a sigh of relief he left the courtroom. He was taken upstairs and lodged in the City Prison. Detective Ryan was detailed by Chief of Detectives Martin to call upon Mrs. McClung and ask her to swear to a complaint charging Alexander Garnett with the murder of Major McClung. Owing to the funeral yesterday Detec- ve. sult swyomen refuse to do so, the Police De-| | partment will take the initiative. Mrs. Coit is still confined to her room at the Palace Hotel and is unable to see any one. She is highly nervous and has slept very little since the terrible | tragedy Physicians are in constant attendance Major McClung’s body was cremated yvesterday afternoon. The funeral was private, only the immediate relatives of the deceased being present. Rev. F. W. Clampett, rector of Trinity Church, officiated. @ i ent Mrs. Boyd, formerly Miss Jean Mc- Gregor of Sacramento, by whom he had two sons, George D. Boyd and Henry St. Clair Boyd. Shortly after his sec- ond marriage Mr. Boyd removed to San Francisco, where he and his family continued to reside until Mr. Boyd's death, in February last, and where his | widow and her two sons still reside. “After his second marriage Mr. Boyd sent for his son by his first wife, Thomas W. Boyd, then a lad, and reared and educated him in his home here. This son subsequently married and at his death left a widéw and two children, for whom Mr. Boyd made provision in his will. “During the forty-six years between the entry of the decree of divorce from his first wife and the death of Mr. Boyd, his former wife took no proceed- ings to set aside the decree of divorce, and did not in any way question its validity, but continued to live and, as we are informed, has ever since been living, with her second husband, Hollowbush. CLAIM IS TECHNICAL ONE. “The present claim of Mrs. Hollow- bush, now put forward by her since as we understand it, based solely upon the ground that by reason of certain a technical nature in the divorce proceedings at Sacramento, that decree of divorce is vold, and that as a result Mr. Boyd was hever legally divorced from her; that as a result she is in law his widow, and entitled as such to take, as com- one-half of all the large amount of property accumulated by Mr. Boyd during the intervening years, while she has been living with her second husband, Hollowbush. The widow of Mr. Boyd, to whom the estate has been largely left, does not apprehend any real difficulty in de- feating any such claim.” According to the .nventory of the éxecutors of the estate of the late Alexander Boyd he was possessed at the time of his death of the following property: Lot in block bounded by California, Market and Drumm street: v Corner of Market and Front 500,000 00 Corner of Pine and Battery street: X 55 feet and 10 lrrlthel on. Froi gy street, south of Pine. e 14‘.; (-n‘BIllfl')' treet, south of Cal ol ornia ... . 90, Front street, south of Pine. 93;% % Cormer of Battery and California , sireets e 125, Northerty iine.of ‘Califorata, wesi 000 00 of Drumm street .... 145,000 00 Smaller pleces of property. 1,225 64 Total.. et gt LOTTERY BILL PASSES THE CUBAN SENATE Friends of Measure a Veto of 725 64 the President Will Be Un- availing. HAVANA, Nov. 28—The Senate to- day passed the national lottery bill by a vote which is believed to indicate that it will probably pass the measure over President Palma’s veto should he disapprove it. The strongest oppo- nents of the bill were absent from to- day's sitting. /The measure as amend- ed directs that the lottery’s functions shall begin within seventy days after the law authorizing it is promulgated and authorizes the President to issue instructions and regulations for the umll"olt of the lottery plan, SAN FRANCISCO, SUNDAY, NOVEMBER 29, 1908. POLICE WORK BLINDLY IN EFFORT TO APPREHEND THE MURDERER OF BRAVE POLICEMAN 3 land during the last month. 2l AP OAKLAND, Nov: 28.—The burglar that killed Policeman James H. Smith and who escaped last night after the killing is still missing, the dead bur- glar is still unidentified though viewed by hundreds from Oakland and San Francisco, and the mournful arrange- ments are being made for the funeral of the brave young policeman who died in the performance of his duty. These are the results of the work of the day following the duel in the dark that took place on Jackson street last night. The police of Oakland and San- Francisco have been making unusual efforts to locate the escaped man, as he, not the dead burglar, caused the death of Po- liceman Smith. People who think that they know the dead man are beginning to appear, but none of them have furnished anything of any value as yet. L. Blodgett, a real estate dealer in East Oakland, believes that the man tried to buy property from him yesterday, but the police think that the men were hardly looking for investments in real estate. Mary Finley thinks tkat she gave the dead man some food yvesterday at 5 oclock, but when she described the man to whem she had given the food it did not tally with the dead man.in the least. The escape had a considerable start upon the officers and, though Captain of Police Petersen at once threw out on the trail all of the available men at his command and Chief of Police Hodg- kins afterward put nearly every man in the department upon duty at differ- ent points, e must have had fully half an hour’s handicap over the police. EASY TO BOARD TRAIN. Information is to the effect that the man with his wounded companion ran down Fourteenth street to Oak street, and that when the wounded man fell at the corner of those streets he turned down Oak street toward the local train. It would have been easy for him to board a local train and later take an overland train at the mole and make his escape. The first thing that was done after the shooting was to guard against this mode of escaye, and all outgoing trains were watehed, but this could not be done until a description was secured of the man, and that description had to be obtained from the dying police officer. This description was given to Police Captain Petersen, who took the dying man to_the hospital. The young po- licemen, even though he was suffering great agony, used all of his nerve and energy to tell the captain just what was wanted, and the result was a fairly accurate description. Then the watch was put upon every train, but it was neariy 10 o'clock be- fore the description was in the hands of the police and the men stationed. But it takes money to make an escape by overland train, and the lability of such an escape depends upon how much money he had with Him at the time. His dead partner had but $1 60, but there is a fear in the hearts of the Oakland police that he might have had the fruits of t4&eir thefts and that thi might have enalled him to get away, 'There is nothing to support this theory except the belief that these were the men that robbed the Crellin house and that they must have had some of the « | | i JAMES H. SMI T an early hour this morning The Call established the identity of the burglar that was shot nd killed by Policeman James H. Smith in Oakland. His name was Frank. J. Golden- stein. He did not come from the East, as was supposed by the police, but came to Oakland from Southern California several weeks ago. His movements have been traced and it was ascer- tained that after leaving the southern part of the State Goldenstein came to San Francisco. He roomed for some time at a lodging-house on Tenth street, and it is supposed that he and his | “pal,” who escaped, are responsible for numerous crimes committed in San Francisco and Oak- | = Dead Burglar Identi- " fied as F. J. Gol- denstein. ——e Many Suspects Are Questioned by Detectives. PHOTOGRAPHS SHOWING WHERE POLICEMAN J. H. SMITH DROP- PED DOWN FATALLY WOUNDED AND PLACE WHERE THE BODY | OF THE DEAD BURGLAR WAS FouU ND. - o f proceeds of that robbery in their pos- session. STRANGE FEATURES. One of the strange features of the case is the fact that several hundred people from Oakland and San Fran- clsco have viewed the remains of the dead burglar without recognizing him. Half of the detective force of San Francisco visited the Oakland Morgue to-day, but not one of them was able to say that they knew the man or had any clew to his identity. There was much speculation, but no information. Some thought that they saw in his hands the indications of his . having been a railroad man. Others pointed to the fact that his arms as far up as the elbows were sunburned as if he had been working in a field with his sleeves rolled up. But there was nothing found upon the hody that would assist in unrav- eling the mystery save a little plece of white tape on his underwear bear- ing the name “Goldstein” in indelible ink. There was also the laundry mark “H x 1 B The clothing gave evi- dence that the man might have come from either New York or San Fran- cisco. The coat bore the mark, “Al- fred Benjamin & Co., makers, New York.” The red and green sweater was marked “J. J. Pfister Knitting Co., S. F.” This would indicate that the man originally came from New York and refitted in San Francisco. But the police are not paying much attention to any of the clothing marks, and Chief of Police Hodgkins said to- night: . “We are not working upon the laun- dry mark or the clothing mark. They don’t amount to anything.” But while the name on the underwear is undoubtedly correct, the questions the police are trying to solve are: What were his antecedents and what was his record? WERE ACTIVE There is little question but that the men who were stopped by Policeman Smith were the ones who have been doing some it not all of the work in and about Oakland for the last month. There is every indication that they are “porch climbers,” for the marks upon the shoes and clothing of the dead man would indicate this. The fact that the dead man was armed with both revolver and knife and that . age. But even though they were lads they were of the most desperate type. The Oakland police are taking no chances, and more men have seen the interior of the Oakland police station against their will in the last twenty- four hours than ever before in the same space of time. Every man that ap- proaches the description of the missing burglar and murderer is stopped and made to give an account of himself. If that account is unsati$factory or halt- ing he is at once escorted to the police station and made to go into details. At night the vigilance is doubly exerted, and during last night and to-night fully | a dozen men were taken to headquar- ters to prove their identity. The patrolmen of Oakland have been given the strictest orders to stop every- body, particularly after dark, and the man that refuses to stop when he is or- dered by a bluecoat does so at the risk of his life, for the police of Oakland | are in no mood for trifling. WITNESSES LACKING. One of the unfortunate conditions that surround this case is that there is not a witness to the shooting that coull testify against the murderer. The only man that was near enough to the men to be able to identify them was the dead policeman, and he did all he could to give a description of the escape to his brother officers. There was but one witness to the shooting, and he was not near enough to be able to identify the man. He is Walter Withers of 3935 Howe street. He had been delivering a parcel at the residence of Charles E. Palmer, in front of whose house the shooting occurred. He says: “When I came out of the house T saw the two men coming along the side- walk, leading their wheels. They were stopped by the policeman at the corner. He asked them where they lived and where they were going. One man said that they lived in the southern part of Oakland and that they were going omr| the other side of the lake. The police- man said that he would have to arrest them upon suspicion. One of the men stepped back and the firing began. I don’t know who fired first.” Out of respect to the memory of the deceased policeman the Police Court adjourned to-day after a resolution commendatory of the dead man had been presented by Prosecuting At- torney Abe Leach. Police Judge Mor- | timer Smith, brother of the dead of- | ficer, did not preside to-day and his place was taken by Justice of the Peace Quinn. s g At the opening of the session Attor- ney Leach, addressing the court, said: “Almighty Sod has seen fit to take from this earth one of the bravest of- Student P}ays Detective and Lands Burglar in Prison. Walter M..Chord Attempts to Realizs on a Stolen Bank Bock. . Walter M. Chord, who gave his occu- pation as a blacksmith, was arrested last evening by Pclicemen Cullinane and O’Connell and charged with bur- glary at the Central police station. The complaint against him was made by Oran Lynch, a student residing at 200 Turk street. crime and pleads intoxication, although such a defense is not consistent with the facts of the case. Chord entered young Lynch's room last Sunday. He tock a clock and an overcoat containing a bankbcok show- | ing $430 to young Lynch’'s credit in the Hibernian Bank. On Monday the thief appeared at the bank and attempted to draw $295, but his suspicious actions were noted by the paying teller, who refused to mdke the payment and took up the bcok. When Lynch came to the bank later, he was informed of the oc- currence atd made a report to the po- lice immediate! Farly Monday merning, after. com- mitting the crime, Chord visited Lynch in iis room and asked him if his over- coat was missing. Lynch was sur- prised to find that such was the case, but the burglar put his fears at rest by informing him that his uncle, Thomas King, had taken it on the previous aft- erncon. It appears that Chord met King on Sunday afternoon near Lynch’s room, struck up an acquaintance and Jearned the maiden name of Lvnch's mother, which information he used n the attempt to draw money on the bankbook next day. Chord's object in telling Lynch trat his uncle had the coat was to prevent him from makirg a complaint to the police before he had an epperturaty of producing the beok a' the bank. Lynch, his uncle and a friend imme- tective brigade and started t> hunt the thief. They caught sight'of him Friday busbefore they could call an ufficer he made his escare. Last night a2y saw himi or Vddy sireet near Powell, and with the sssistance of the ‘wo cfft Liynch.caught nim. During the ride i the patrol v on Chord made a confes- and Eagued the complaiaing wit- ness to; deal witn him'lightly. - FHe is suppc sedl to-be an old offendey. ——ee———— X Wearing Apparel to Be Distributed. he Needlework Guild of America, San Branch, held annual meet- ing vesterday at Miss West's school, 2014 Van Ness avenue, where a large number of friends, members and directors were invited to inspect the garments about to be given to charity. More than 12,000 pleces of wearing apnarel have been ob- tained by the San Francisco branch alone for distribution and will be given out within a day or two. The section presi- dents held a preliminary meeting on Fri- day and decided to what charities they would make appropriations of garments. Miss West is honorary president of the guild and Mrs. Sidney Worth is presi- dent. @ iimtilmiimii i @ ficers in the service, who was alway courteous and one whom we all knew. I therefor» move that when court ad- journs to-day it do so out of respect to the memory of Policeman James H. Smith, who met his death while in the discharge of his duty.” It was so or- dered. —————— ARREST INNOCENT MAN. Rancher of Walnut Grove Is Victim of a Blunder. H. E. Qaulsbury, a rancher from Walnut Grove, spent an unpleasant half hour at police headquarters yes- terday. He was crossing the bay from Oakland to visit a commission house and to purchase theater tickets, when, to his surprise, Detective Quigley of Oakland, who was on the boat on the lookout for the burglar who fatally shot Policeman James H. Smith at Fourteenth and Jackson streets, Oak- land, on Friday night, placed him un- der arrest. He asked Quigley what he was wanted for and to his greater sur- prise was informed that it was for murder. Quigley took Saulsbury to Captain Martin’s office, where, in answer to questions, Saulsbury said that he own- ed a ranch at Walnut Grove and was also the manager for Mrs. Lord's ranch there. He had bee. stopping with Mrs. Lord at 801 Twenty-first street, Oakland, since last Monday and they could verify his statement by tele- phoning to her. Mrs. Lord was called up by telephone and she corroborated Saulsbury's statement. Saulsbury was at once released, with an apology from Captain Martin. Quigley was asked when taken to headquarters if he had the murderous burglar. He was non-committal, but there was an exultant look on his face that spoke volumes. He said he would reserve any statement till he took his prisoner to Oakland. He went to lunch and when he returned Saulsbury had gone. The most surprising thing about Saulsbury’s arrest is that he does not, except to height, answer, in any way, t4‘ description of the slayer of Smith. Northern Colorado Strike Ends. LOUISVILLE, Colo.,, Nov. 28—The miners of the Northern Colorado coal fields to-night voted to geturn to work on the terms granted by the operators, which embrace compliance with every demand made by the unions. The mines have been kept in good condition and work will be started on Monday. ted that 1270 men will go to work. ? Chord confessed to the | CONNING THIEF - HUNTINGTON Th| - NEATLY GAUGHT| PROPERTY IS \ APRRASED Value of Estate Left by Railroad King $37,000,000. e s Executors Receive as €Com- missions More Than a Million Dollars. FIERASILS S Decedent’s Widow and His Favorite Nephew, Henry E. Huntington, Get the Bulk of the Great Fortune. [ s e Special Dispatch to The Call NEW YORK, Nov. 23.—Great secrecy has been observed ever since the death of Collis' P. Huntington to - keep” a knowledge the exact condition of his estate from the public. While this effort has met with success for some months, the appraisement of the es- tate has af last been ascertaimed and is now published for the first time. It shows that the estimates made within a short time after Huntington's dedath, placing the valuation of his properties as high as $70,000,000 and even $30,000,000, were entirely inaccu- rate and very much greater than the actual value. Russell Sage, who knew somet g about Huntington and his large inter- ests, placed the value of his properties at between 000,000 and $30,000,000, and his estimate is nearer the correct figures than any made. It is shown by the appraisement that Huntington left a gross personal estate of $35,594,586 in this State and gross real estate of $1,- 796,225. The personal estate is reduced by debts, claims, expenses and other ex- penses to $25,505,540. EXECUTORS GET A MILLION. One of the principal items in an es- tate of this magnitude is the amount of cions that the three executors ve, which is placed at $1,088,- 2 < g g 8 407. Although the decedent’s widow, Ara- bella D. Huntington, and his nephew, Henry Edwards Huntington, are his principal legatees under the will, his adopted -daughter, Clara Elizabeth (Princess Hatzfeldt), who was Clara Elizabeth Prentiss, daughter of a poor San Francisco grocer; his adopted son, Archer Milton Huntington, and other relatives were well provided for. Huntington had a fine collection -of paintings, not only in this city, but also in his San Francisco art gallery, and this eventually, in accordance with the terms of the will, is to go to the Metro- | politan Museum of Art on the death of his wife and son. Huntington's real estate holdings in New York are valued at $1,796,225; per- sonal estate, including railroad stocks, etc., $26,505,540. His principal railroad | holdings were Galveston, Harrisburg {and San Antonio bonds, $19,229,220, and Southern Pacific stock, $13,054,978. The executors named in the will are Arabella D. Huntington (widow), | Charles H. Tweed and Isaac E. Gates. BULK OF ESTATE FOR WIDOW. The Union Trust Company is trustee of the several trusts that are estab- lished for relatives by the terms of the | will. The widow receives a life inter- est in the property at Fifth avenue and Fifty-seventh street, together with its contents; a bequest of a $500,000 share in the residuary estate and two-thi of the stock in the Southern Pac | Company. held by her husband at time of his death. This two-thirds share is valued at $8,703,318 and her interest in the estate is placed at $15,- {025,139, Huntington's favorite nephew, Henry Edwards Huntington, receives one- third of the shares of stock in the Southern Pacific Company, which are valued at $4,351,659, together with a share of the residuary estate, placed at $4,888,074, making his total interest in the estate $9,239,734. Prircess Hatzfeldt's bequest is z life estate in $1,000,000, free from the con- trol of her husband, and Archer Milton Huntington’s interests are placed at $404,000, he having a cortingent interest in the Fifty-seventh street and Fifth avenue residence on the death of Mrs. Huntington. In case neither himself nor any of his children survive her, this property Is to go to Yale College. There is an absolute bequest of $250,- 000 to Archer M. Huntington. ——— e Scavenger Causes Woman’s Death. SAN JOSE, Nov. 28.—Mrs. Peter Suz- zalo, who was run down by a scaven- ger wagon last evening at Third and Santa Crara streets, died to-night at 9:30 o’clock. The wheels passed over her body, inflicting internal injuries. F e weas the Wits of & piaises resten rant man of this city and 62 years of age. Professor A. H. Suzzalo, former- ly a member of the Stanford faculty and assistant City Superintendent of Schools of San Francisco but now at Columbia University, is a son. ————— Employes Accept Reduction. PITTSBURG, Nov. 28.—The Dewees- Wood plant at McKeesport will be placed in full operation newt week. The men employed in the plate mill have accepted a reduction of 30 per cent, and others will go back to work at smaller reductions, which take effect January 1. Over 400 employes of the Demmler tin plate works to-day agreed to accept a 20 per cent reduction, and the plant will again start up Sunday night. The 600 employes of the Independemt tin plate plant at Portvue have accepted a 20 per cent reduction, and that plant will resume Monday morning.