The San Francisco Call. Newspaper, December 11, 1903, Page 16

16 FRANCISCO CALL, FRIDA DECEMBER 11, 1903 HIGH OFFICERS CLAIM POWER Both Gowernor Pardee and Mayor Schmitz Would Ap- pointwa Justice of the Peace Wt i LONG'S PLACE THE PLUM Questions Arises by Merging of County @nd City, as Decided by the supreme Court —_— The Governor of the State of Califor- nia and the Mawor of San Francisco are embroiled. Gowernor Pardee claims the appointing power to name the suc- cessor to Percy V. Long, who was re- cently elected City Attorney in place of Justice of t Peace, which he now fills. Both dig: appointment, and each is uncertain of | his ground. Under a recent decision of the Supreme Court it appears that the county of San Francisco has en- | tirely lost its idemtity in the city of San Francisco. This gives the Mayor the power of appointment, but there are several aspirants who say that previous decisions of the Supreme Court will bear them out.in the claim that the Governor has power to-appoint in this case Governor Pardee’s attorneys were not ready to render a decision yesterday. Abe Ruef, in the absence of the Mayor, who went thought, that Mayor Schmitz had the appointing power for the new Justice of the Peace i The appointment is much sought for and is regarded as a political plum Whether Mayor or Governor shall hand is a matter of moment to politi- Niegality of Emergency Tax. City Attorney Lane yesterday ad- vised the Board of Supervisors that it will be unwise to accept the deter- mination of the Superior Court that the so-called emergency tax for new schoolhouses and hospital is invalid until such time as the bonds recently voted for the some improvements have been sold and money obtained with which the work contemplated can be done. e e————— Christmas Presents. Dress suit cases, traveling sets, pocket and bill books. cigar and card wrist bags and lap tablets all\ma‘kf‘ orn, Vai . cases, at popular Co.. 741 Elected Potentate. After a spirited election by the mem- bership of 1slam Temple, Ancient the M bic Order of Nobles of Wednesday night Major Filmer, captain of the Arab was elected illustrious potentate of 106, Shrine, last George Patrol, by a majo ADVERTISEMENTS. P Oriental Goods ? At Wholesale Prices We Offer Our Exntirc Extra Fine Col lection of . Oriental Rugs AND CURTAINS At 25 Per Cent | —=— | —eooose ‘We are sole agents for JOBN CROSSLEY & SON'S CELEBRATED ENGLISH CARPETS Cor. 9th and Market Sts. | PPV LAY 2 2SS PSS A S e Friday. Saturday, Saturday Night. OPEN EVENINGS HOLIDAY SROZERIES AND LIQUORS Meirose brand Was 45 WORLD'§ FAIR TOOTHF Good Banch Eges, dozen. .. XJVK‘_\\VHU Guaranteed r _,VFA“ Y !{I"HM“.\'I' 20c Table Pruits, 3-1b. cans. ™ Cutt peaches, pears, apri- oot Assorted, dozen, § BEST RICE POPCOR 350 Coffee, Best Java and Mocha, 1b. .25¢ Rich brown ‘,“ color Full flavor in strength. GOLDEN DATEE, pac Be. 50c Teas, All Kinds, 3 1bs. .. $1.00 English Breakfast, uncolored Japan, green Oolong. Ceylon or mixed. Single poun: STILE SOAP, Good, sweet creamery butter. 22 T ¥ mea Worth 20c FIN HADDIES, pound, 15c. Dollar Whisky, qt. bottle........ All brands—OM Crow, Hermitage, Old tle, Monogram, McBrayer. All good and 2 saved 73¢c XXX TABLE CLARET, gal., #0c Fresno Wines, 6-year-old, gal. Pt . Tk T s o docble? " ETRONG NUTCRACKERS, fie Xentucky 0. X. Whisky, gal. . $2.25 Mellow lquor. Sample at store. Usually $3.00. HORSESHOE WHISKY, gal., $2.00, Einfandel, gal “*Asti”_ vineyard. An Usually 70c. r is a beautiful tweive-page work | The Calendas of art. The Flour is strictly the best. Bee Calendars in our windows. 1001 FILLMORE ST. 119 TAYLOR ST. aries are striving for the| to Stockion last evening, | Chas. M. Plum & Co.| - | the Philippine service, which should be CHORTS GIRLS AS WITNESSES | Tell Conflicting Tales Regard- ing the Alleged Gay Conduct | of Maude Amber’s Spouse PLAINTIFF TAKES STAND | Soubrette Demands Her Fee | | From Defendant’s Attorney | Before Giving Her Testimony e Miss Anna Gorman, soubrette and witness for the defense in the divorce | suit of Maude Amber against Puerl ‘Wilkerson, now on trial before Supe- rior Judge Murasky, refused to testify | vesterday until she received the $2 | due her as witness fees. Attorney New- representing Wilkerson, was | put in a condition of temporary finan- cial embarrassment. He reached into | brough, his pocket and besides his keys | brought up only 80 cents. Another reach brought only a knife. Miss Gorman shook her head and kept her | lips shut. Newbrough borrowed $1 10 from a friend, gave the young woman | the $2, and the case proceeded. Judge Murasky's courtroom re- sembled a matinee performance when | the theatrical bunch lined up to par- | ticipate in Miss Amber’s divorce suit. | There was a soubrette on the stand, a | collection of them under Miss Amber | wing, and only a few feet away, | the front chairs of the courtroom, the baldheaded fraternity -stood out in bold contrast to ‘the dreamy-eved | sweet things with the picture bonnets. Every one expected that something | sensational was about to cccur |in the chamber of justice, but they waited and waited in vain for the startling thing that didn't make an entrance. During the day two chorus girls and Miss Amber mounted the stand and the deposition of Samuel Davies, a Seattle landlord, was taken, but there | | was no sensational testimony. Attor- | ney Newbrough, acting for Wilkerson, | asked for a nonsuit, but Judge Mu- | rasky overruled the motion. | WORE PINK PAJAMAS. | Mrs. Ovita Hawes, the star of Wed- | s proceedings, was hurried to | the stand as soon as court ‘opened. On cross-examination by Newbrough she related some stories that were very much the same as the ones she told on the previous day about the conduct of Wilkerson and Miss Myrtle Rosedale. | In addition, she told of calling at the artments of Miss Rosedale in a Ma- | 1 street hotel and finding Wilker- son there. The girl, according to Mrs. Hawes, was attired in pink pajamas and looked “too s * The pair re-| ceived Mrs. Hawes cordially and she stated that Wilkerson asked her not | {to tell his wife about the incident, | | adding, “I have always been a good | { friend of yours.” | | | nesd | Next the deposition of Davies was | taken. He swore that the three mem- s of the “Fiddle Dee Dee” company, Hawes, Miss Rosedale and Miss Gorman, occupied apartments at his | place on Third avenue, and that he had often seen Miss Rosedale entering #nd leaving Wilkerson’s room in negligee | attire. Maude Amber Wilkerson was then | put on the stand. She swore that she | | had heard rumors of her husband’s | misconduct fully a vear ago, but she | | had no proof of their truth till las\i | summer, when, she said, she was re- | 1iably informed concerning it. 1 | MISS GORMAN IS Wi | Then Miss Anna Gorman swished up | to the important seat for the defense. | She is a winsome mite, but confident | and not afraid to speak her mind. | As soon as she was sworn the young woman informed Attorney Newbrough | that a little coin would please her. “Two for me, please; 1 always get my | witness fees in advance,” quoth she. Newbrough went through his pockets but he only had 90 cents. He hastily | surveyed the ground and finally nego- tiated the amount, and the trial went | | on. | Miss Gorman contradicted everything | that Mrs. Hawes had said on the pre- | vious day. Aeccording to the shrewd little soubrette, Wilkerson had always acted in a proper manner toward Miss | Rosedale and the other girls of the | company, and never once did Mi Rosedale leave her apartments during the many nights they spent on the road ’ in the Northwest. Attorneys Humphreys for the plain- | | tiff and Newbrough for the defendant occupied much time in legal tilts dur- ng ‘the afternoon session. The trial will be resumed on Saturday morning | at 9:30 o’clock. Stenographers Wanted. | | The United States Civil Service Com- mission announces that an examina-| tion for the position of stenographer and typéwriter in the United States | and Philippine services will be held at | San Francisco on January 5. The only | other cities on the Pacific Coast where | this examination will be held are Seat- | | tte and Portland. Age limit, United | | States service, 18 years or over; Philip- | pine service, 18 to 40 years. This exam- | ination is open to males and females, | | from $840 to $1200 per annum, and in | the Philippine service at $1200 to 511001 | per annum. Apply to the United States | Civil Service Commission, Washington, D. C., or to the secretary of the Con- | solidated Board Civil Service Exam- | iners, 301 Jackson street, San Fran- cisco, for application form 304 for the | United States service and form 2 for | properly executed and filed with the | commission at Washington. Applicants ! may apply for both services. —_—— Issue License for New Bank. The Board of Bank Commissioners ; issued a license yvesterday for the es- | tablishment of the Bank of San Di- mas. The new institution, which is capitalized at $50,000, will open its doors for business January 2. The bank officers are W. A. Johnstone, president; D. C. Teague, vice presi- dent, and J. P. Roberts, treasurer, secretary and cashier, —_————— Buyers of Christmas Presents Should visit Andrews' Diamond Palace, 221 Montgomery street, and see the la stock of diamonds. watches and Jewe:!; at lowest prices. Open evenings. L 2 | other parts of the State. PLACES BLAME [HARBOR BOARD ON ROBICHON Madden Names the Lieutenant as Co-respondent in His Suit for Divorece for Infidelity CAPTAIN BREAKS SILENCE fedhiatib ks Accuses Wife of Receiving Attentions of Many Others Whose Names Are Unknown e e o The many accusations that have been hurled against Captain John F. Mad- den by his wife, Mrs. Edith Partello Madden, against whom he brought suit for divorce some time ago, have at last caused him to break the gallant silence | he has maintained since the filing of | his original complaint. Yesterday he filed an amended complaint that direct- | ly charges the fair defendant with in- fidelity and for the first time the name | of Lieutenant Hector A. Robichon, who was court-martialed for his alleged misconduct with Mrs. Madden, has been connected with the Superfor Court end of the case. Attorney Charles K. Moser filed the amended complaint in which the young army officer is named as the man who caused the rift in the matrimonial hap- piness of the Maddens, and the man | upon whom Mrs. Madden has said to have lavished a large part of her af- fections during the absence of her hus- band in the Philippines. The amended complaint contains the allegations that Mrs. Madden was too friendly with Robichon at the Benicia Barracks and that he was visited by the pretty defendant while he occupied quarters at the United States General Hospital at the Presidio. It is also alleged that she svent a great deal of time in his company in this city and From July 1, 1902, to July 1 of this year it is al- leged Mrs. Madden gave freely of her love to the dashing infamtryman. OTHER MEN FAVORED. Robichon, according to the amended complaint, is not the only ane who has enjoyed Mrs. Madden's favors since her marriage to Madden at Fort McPher- son, Ga. “Other men, whose names are unknown to the plaintiff,” are alleged to have been established in her good graces. In this new document Madden also asks to be awarded the custody of the child born to them a little more than a year ago. The little one is now un- der the care and controt of Madden's parents. W. A. Samuel, butcher, wants a di- vorce from Catherine Samuel on the ground of cruejty. He says that for vears he has béen a much-abused man, and that for many months his wife would speak to him only when she wanted money. He accuses her also of taking the savings of years and denying him a share in them. She con- tracted debts,” he says, refused to pay them out of the income from their community property and finally caused his butcher shop to be attached. He lso charges that one night a short | time ago he came home'with his brother and his wife refused to give him any- | thing to eat but tea and bread and that che gave to his brother large portions of cold ham and numerous delicacies. The Samuels were married twenty- three years ago and have four chil- dren, only one of whom, however, is under age. MORE WARRING COUPLES. Mildred M. Gardner is seeking a di- vorce from John R. Gardner of 933 Eddy street on the grounds of cruelty and neglect. She says that though he has an income of $220 a month he has not provided for her since last June, when, without giving her any explana- | tion, he packed up his wearing apparel and left her. She further charges that almost continuously since their mar- riage in July, 1887, he has used vile | language toward her and that once, in the year 1899, in the presence of her mother, he struck her. Suits for divorce were also filed by Josephine H. Adams against Joseph H. Adams for neglect, Gustave Lindee against Nita Stone Lindee for deser- tion and Olivet Blote against Frederick Blote for neglect. Interlocutory decrees of divorce were granted to Estella Fitzgerald from W. H. Fitzgerald for cruelty and Fannie Forsen from Ferdinand Forsen for cruelty. ————— CLERK FROM VALPARAISO TO GO BACK FOR TRIAL Edward Morgan Herrera, Captured by Detective Cody, Admits That He Embezzled Money. Edward Morgan Herrera, formerly a clerk in the governmental paymaster's office at Valparaiso, Chile, was arrested vesterday by Police Detective Cody and turned over to the Federal authorities on the request of the Consul for Chile. Herrera is charged with having embez- zled $1050 from his Government. The prisoner admitted his guilt and ex- | pressed his willingness to be taken back to Valparaiso for trial. First Assistant United States District Attorney Ban- | ning filed a complaint against Herrera for extradition. i There is no extradition treaty be- — | but males are preferred. Salaries range | tween Chile and the United States, but refugees from each country are ex- tradited as a matter of international comity whenever the defendant does | not make a fight in the courts. Her- rera has spent almost all the money he stole in Valparaiso, and says he has no further use for residence in the United States. ———— Vernon Pleads Guilty. Richard E. Vernon pleaded guilty in Judge Dunne's court yesterday to a charge of grand larceny and was or- dered to appear to-morrow for sen- tence. He was employed as a bellboy at the Colonial Hotel, Pine and Jones streets. and on September 28 broke open the trunk of Walter Beck, the porter, and stole Beck's gold watch and other articles, including a book showing a deposit of $250 in the Hi- bernia Bank. ——————————— Judge Hanford Coming. [ United States District Judge C. H. Hanford of Seattle, Wash., will arrive here on Monday to preside over the United States Circuit Court during the absence of United States Circuit Judge Morrow. Judge Morrow is expected to | return about January 1. IS ENJOINED AR o First Step to Make Test of Woodward Law Is Taken by Firms Deprived of Permits ——— ASK AID OF THE COURTS el s Commissioners Cite - Several Other Concerns to Answer Charges Made Against Them i A temporary injunction was secured vesterday from Superior Judge Muras- ky restraining the Board of State Har- bor Commissioners from carrying into effect the decision and order made on December 3, by which the permits of L. Scatena & Co., Wolf & Sons, Wet- more Bros. and McDonough & Runyon to sell perishable products on the State's property in this city were re- voked. Attorney J. B. Reinstein ap- peared for the firms mentioned. A part of one complaint, the four being iden- tical in general terms, is as follow: That by the terms of the said application, act and permit sald permit was and is valld for the period of one vear from and next after said date of the issuance of said permit. That by the terms of said application, and permit eaid permit shall not be revoked, canceled or annulled, except upon a hearing by and before eaid board in the matter of eaid revocation, cancellation or annullment and after the giving of duc notice to all parties concerned. That pursuant to the terms of sald permit and ac- cordanc: therewith the sald plaintiff, imme- Qiately after the issuance and delivery thereof as aforesaid, preceded to and did sell upon certain portions of the property of sald State, subject to the jurisdiction of said board, per- ighable products, and made such sales regu- larly and continuously up to and including the 3d day of December, 1903, and desires to con- tinue such business. That eaid plaintiff_ has never received any notice of any violation by it of the provisions cr agreements contained in said applicaticn or permit or act, and that no hearing has ever Leen had concerning any such vioiation. That plaintiff has never violated the, or any of the terms or provisions of said application, act or permit, f That nevertheless, on Decémber 3, 1903, at sald city and county of San Francisco, ~the «aid defendants, acting as such Board of Har- bor Commissioners, and the sald board, wrong- fully and unlawfully and without any right or reason and without any notice or hearing what- soever, made an order of said board revoking, canceling and annulling said permit to said plaintiff, and on December 4, 1903, sent to sald plaintiff a letter which was received by said plaintiff on December 4, 1903, wherein and whereby sald board notified said plaintiff_that the said permit granted to said plaintiff to sell perishable products on said property was revoked and canceled. That said board has notified said plaintiff not to sell any perish- able products on any of the property of the State of California. Notice of the suits was served upon the members of the Board of State Harbor Ccmmissioners yesterday after- noon. Prior to thts the board had sent out notices to four etner firms to appear next Tuesday morning to answer to a complaint contained in an affidavit made by N. Fundas. The firms s¢ notifled are L. G. Sresovich & Co., Garcia & Maggini, Mitchell & Goodall a; G. Berti & Co, SRR LG RAL LANEL ME DUTIES HERE CONSUL TO Successor to Dallemagne, Local Rep- resentative of French Government, Arrives From Paris. E. Lanel of Paris, who has been ap- pointed French Consul General to this port to succeed Henry Dallemagne, re- cently removed to Spain, arrived in this city last evening and is registered at the Palace Hotel. The new French official comes direct from Paris, where for a number of years he has been connected with the Foreign Office as one of its directors. Consul General Lanel is compara- tively 2 young man, but familiar with the affairs of the West, to which he has journeyed with full confidence of receiving the support of the entire local French colony in the administra- tion of the affairs of his office. Short- ly after his arrival last evening he started out with a friend to see the city, remarking that he was eager to get acquainted with his new surround- ings and did not desire to waste any time in doing so. “It is a trifle too early for me to make any statement regarding my fu- ture policy in this city,” said he in re- sponse to an inquiry relative to his plans. “I have not even met the mem- bers of the French colony or .the chancellor of the consulate. It will be several days before I will be ready to enter upon my official duties.” The French people of the city will give the new Government representa- tive a reception within the next week. e VRO AT BT Rebekah Minstrels. Jubilee Lodge of the Rebekah branch of the Odd Fellows will give a min- strel entertainment to its members and friends in Scottish Hall this evening. B —— Ladies’ Hats. Over 200 hats, very latest models, at greatly reduced prices. Lease expires Feb. i. Entire stock sacrificed. Mme. Dosch, 207 Post street. . —_————————— CHICAGO, Dec. 10.—The police to-day ceased their search for Iittle Georglana Andros. the seven-year-old child taken from the Goethe school by her father, Lewis Andros, yesterday. It developed to-day that the child was taken on the advice and with the help of an attor- ney. ADVERTISEMENTS. r m o TR \ RESIST DANCING lo the cnirancing movement of a waltz produced with the grace and marvelous accuracy of the = Apollo Piano Player It- requires no praclicc to enable onc to play anything in music from the simplest mclody fo the most inlricate composilion. The APOLLO is the only piano player (Iflh)vuflpkysmmm' nens GUItAZ 5500 B gt Open Evenings. 16 O'Farrell St., San Francisco. ST W P SRS W wholesale | Looks All Over a Winner{ And It Is a Winner 5 N 4 That OVERCOAT in the piclure above— cvery line in it is gracciul, in fact il’s one of the smarlest Winter COATS that we have ever shown in our big Dcpartment devoted o MEN'S OVERCOATS. The slecves ar¢ lined with satin. It's one of those big, long affairs like the piclure above shows, with Velvel Collar or with- out, just as your lasic runs. A COAT that hasn'l its peer in appearancc, make eor good looKs at $20.00. With vus il’s 3 $12.50 IN A PRETTY SHADE BLACK MIXED OXFORD {Some Exquisile i Winler Ideas oo . 4