The San Francisco Call. Newspaper, December 19, 1903, Page 6

THE SAN FRAN( CIStY - © ALL, SATURDAY, DECEMBER 19, 1903 s A WKOWEN CASE SLOWLY DRAGS MR o University Findings of Experts Now at Work on Seeretary’s Books! AUDITOR HERR ARRIVES s St He Believes That Amount of Defaleations Is Much Less Than Has Been Estimated R s Auditor J. J. Herr's arrival from Los Angeles was one of yesterday’s inter- esting developments in the investiga-'| 115n° of Secretary Willlam A. McKow- en’s wholesale embezglement of State University funds, For many vears Mr. Herr has audited the secretary’'s ac- counts and reported his findings to the finance committee of the Board of Re- gents, and it was confidently expected that his presence at the university would serve to bring &o light the exact amount of McKowen’s peculations and his method of pilfering. But from those two very important points there been no lifting of the haze by Mr. Herr. Accompanied by President Wheeler &nd Chairman of the Finance Commit- tee Foster, the auditor spent about two hours imspecting the books at which Norman McLaren and his assist- ant are so industriously probing, but &t the conclusion of the inspection Mr. Herr's report was a repetition of the old story: We experts From his cursory examination, how- ever, the auditor was inclined to be- lieve that McKowen’s total shortage will not turn out to be as much as $40,- 000, the estimate of Regent Britton. McKowen's own estimate of $20,000 is, according to Mr. Herr's opinion, nearer the actual figure. WORK OF THE AUDITOR. The auditor’s last report was submit- the finance committee on Jan- 9, 1903, and it approved all the and vouchers examined by him it has been ascertained that Me- presented no account of the larship « medical col st wait for the findings of the at owen so that the audi- opportunity to ascertain items of income had onestly handiled s been discovered, also, that the peatedly expressed a desire the university accounts wree months instead of once a that he had been prevented cading inabil- for inspec- t the auditor never suspected that s dishonest, but attrib- in getting ready for in- 1e. fact that he kept all the mself instead of intrusting the ny share of it to a subordi- en w Mr. Herr believe that the stem of the university was jouated or defective. No sys- ect. he opined, rated by an honest ms f honest men. blame for McKowen" wuditor does not spare slarship donors who made their payable of following the usual course of sending the money to the treasurer and obtaining his receipt for it. As the gen- eral fund s thus placed in the hands of the treasurer, and is thoroughly safeguarded, Mr. that MrK« vilfered any of that fund. but confined his stealings exclu- sively to the scholarship and feflow- ship moneys and-medical school fees: But that theory does not explain how McKowen managed ‘to “pay .in - the echolarship and fellowship funds “ds they became due and still contrived to embezzie at least $20,000. E AN OFT-HEARD ANSWER. Where did he get the money t6 make good the scholarship, and fellgwship funds_as they became due? That ques- tion stumps every one conmected with the In defaleat the s chee super the visior fixin n the stead ADVERTISEMENTS. YOUR LAST CHANCL T0 BUY KAST'S SHOES HALF PRICE The Creditors say they must have the money right away—no matter what becomes of the shoes. ..COME.. At once and save money on your shoes, as we are going to wind up this sale as soon as possible. A full line of LADIES’ and GENTLEMEN'S SLIPPERS suitable for Christmas Gifts are included in this sale. 104-110 GEARY STREET A. JOSEPH, Receiver ———OPEN EVENINGS____ Officials Await the | has | fellowship funds or the | to him personally, in- | Herr does not believe | 'SMELTERS WILL RECOVER | Development Work and I the Copper Belt Are Activity is manifested on the copper | belt of Shasta County. An account of | | some recent -moves for the develop- | ‘ment of that mineralized section is given by the Redding Free Press. That paper says that there is a great stir, which is felt in Redding, the principal supply point. A new 175-ton smelter is being installed at the Afterthought | mine, near Ingot. The second furnace of the De La Mar smelter is about ready to be blown in. It will be work- ing early in January. The Mountain | Copper Company is running full hand- | | ed and is treating about 26,000 tons of | |ore per month. The plant is being | | gradually improved and enlarged. The | Mountain Copper Company employs in | mine, smelter and railroad 1200 men, | approximately. The Guggenhimes are | | reported by the Free Press to be nego- | | tiating for the Mammoth mine, which | {is near the Kennet property. In casé} | the Guggenhimes take the property | Shasta County would have its Iour(h: smelter operating. The Free Press says: | The Quartz Hill, Stillwater and Old Dis- | gings districts contein many mines that are taking out and shipping ore to the | | Keswick smelter, The mineral output of Shasta County for 1901 was $6,737.571. For 1902 the strike and shut-downs brought it down to $3,730,040. This year the output | will be about the same as the strike con- | tinued until May and the Mountain Copper | smelter 414 not get in full running order for a couple of months later. Next year, with everything running in full | blast, there is no reason why Shasta should | | not send out $10,000,000 in mineral wealth to the markets of the world. The copper belt | | { produces nearly all of this vast weaith. Red- | the business center, and the least | * time | IN SISKIYOU'S MINES. 1 In other sections of California that are not affected by labor troubles pro- | | gress is being made in the mining in- | dustry. The Scott Valley Advance says | that with the opening of spring many | properties that have been known only as prospects will be opened. The King | Solomon mine in Siskiyou County will | | have 100 men at work if the prospect | tunnel strikes the body of ore. A large amount of machinery will be placed in | the Black Bear property. The Medina | Company, operating the Gardner and Eastlick mines at Oro Fino, is pre- | | paring to add largely to its plant. A/ fifty-ton cyanide plant is promised. The Siskiyou Mining and Development Com- | pany has begun to pump out the per- ding 1 enthusf | pendicular shaft which has partly | | filled. One hundred and fifty | coal - were take shaft to do the necessary development | { st | the investigation and finally evokes the | old answer: | ‘We must wait for the findings of | the experts. It has been surmised that the secre-| tary used one scholarship fund to pay | another—operated a sort of endless| chain—and that his total defalcation, | whatever it may turn out to be, will | be found to have been taken from one, | or may be two, of the heaviest schol- arship or fellowship donors. McKowen | had direct and untrammeled access to | about $440,000 from these sources. When any of the university folks are asked | | to state how many of the donors sent their checks to McKowen personally | the inevitable reply comes: { “We fust wait for the findings of the | experts.” | | Considerable confusion has been cre- | ated among the students by the “hold- ing up” of their rebates, with all other | | bills owing by the university except | those for labor. Pupils in the chemi- | eal, -physical and mining laboratories | deposited with Secretary McKowen | sums ranging ‘from $1 to $25 each to secure the university against dam- age to any 'of the apparatus used by | | them in their varieus ‘experiments, and | | now at the end of the term, with the | holiday vacation ‘on hand, they are un- | | able to callect their rebates. McKow- | en issyed vouchers for these deposits, | but “the “vouchers will not be indorsed | until the experts have concluded their | examipation -of . the secretary’s ac-| | ecounts,. unless the treasurer so ar- ranges it that the boys and girls can et “their maney beforé they go home | “for the holidays.. AS TO THE DEFENSE. Attorney Wright, who has been re- *tained with ‘Peter F.-Dunne to protect {“McKowen's interests while that person | is in' jail, stated yesterday that he has | not yet consulted Mr. Dunne &s to what | the line of defense will be. | “Indeed,” said Mr. Wright, “we are Inot certain that any defense will be offered. Mr. McKowen himself does | not seem anxious to put up a defense, and it is probable that a plea of guilt will be entered. Nothing will be defi- i nitely decided, however, until the book- | keeping experts” have concluded their . work and the regents take action.” Meantime the self-confessed embez- zler ‘dwells in the Alameda County Jail and resolutely declines to discuss his { case with ‘any except his invited vis- Berkeley, the man who took him to his ‘home when he was a miserable sailor lad and treated him as a son, obtain- j ing for him the humble position in the | university from which he rose to the secretaryship. McKowen’s conversa- tions with Mr. Smyth are strictly con- fidential. IS THERE A “PLANT"? Among the reports current yesterday in Oakland was one to the effect that McKowen did not squander as much money on the race track as he alleged, {and that the greater part of his piifer- ings is “planted” somewhere. In sup- port of this idea was advanced the argument that such select legal lumin- | aries as Peter F. Dunxé and Harry M. Wright could not be retained for a song, and that the prisoner has no moneyed friende to back his defense. McKowen sturdily maintains that he is penniless, since he deeded his three lots and personal belongings to the uni- versity. Governer Pardee has called a meet- ing of the Board of Regents for this afternoon at the Hopkins Institute. ‘While the McKowen affair will prob- ably be discussed, none of the Regents expect that anything of a defihite chagacter will or can be done in the matter until the mystery inclosed in the gecretary’s books Is solved. But it is just possible that the financial system which enabled McKowen to conduct his peculations unchecked and undis- covered for a period extending over | half a dozen years will be inquired into ! Nine mine at Douglass Flat iters. One of these is W. H. Smyth of { . WEALTH OF SHASTA ORES mprovements to Plants in Enlisting Much Energy. Sections Unaffected by Labor Troubles Prosper work. There is a general closing down of small placer mines owing to the weather in Siskiyou County. The Placerville Democrat tells of work in the mines in El Dorado County as follows: A five-stamp mill is being constructed at Morey’'s foundry for the Witmer & Fuller mine. Work is being pushed forward on the triple compartment ehaft at the Darling mine, The triple compartment shaft at the Eureka- Woodside mine in" this place is down about 90 feet. A pump to handle the water in the shaft will be installed. Operations have been resumed on the Ida Mitchell mine, in the heart of Placerville. Men were put to work onm the shaft 'D. H Jackson intends to thoroughly prospect the property before putting up a mill. The Grass Valley Union says that plans are now being worked out for a consolidation of the Mountaineer and Summit mines, which will mean much for the future of Nevada City. J. C. Campbell has been at work for sev- eral weeks past organizing a company to comtrol the two nproperties. The Summit is owned chiefly by Charles | Webb Howard of the Spring Valley ‘Water Company. It is stated that the proposition is to run a tunnel from Deer Creek to drain off the surface wa- ter from the Summit and to connect the two properties. The work of pump- ing out the Mountaineer is now under way. WORK AT MURPHYS. The Murphys correspondent of the Calaveras Chronicle writes that the { various mines in the immediate sur- rounding are pushing developments and erecting necessary improvements to fa- cilitate progress. Superintendent Stone at the Red Gold mine, one of the Buckhorn group, has men at work in the mine and on top, with a view to the speedy production of bullicn. At the Mayday tunnel, which is located not far distant from the Red Gold, ex- plorations are under way. The Forty- has no trouble to keep out the water, and everything is progressing favorably toward reaching gravel. The old Southwestern tunnel s to be | again opened by Fred Orth & Co. this winter. For years the tunnel has been permitted to rest, while the adjoining property was worked by the present company and others. This tunnel pierced the old Central Hill channel lately worked by Thomas, Bisbee and McCormick. In a collection of mining facts relat- the App has resumed operations. A | new shatt is being sunk on the Alta- | dina. Work has begun at the John: Royal and Star. The shaft at the Santa | Ysabel has reached a depth of 280 feet. | Five more stamps are being placed in the mill at the Vine Springs. Operations will begin at the Mount Lily Monday. ! The Homestake, near the Eagle-Shaw =3 mut, has been bonded to a Scottish | syndicate, according to rumor. The Sierraville Record says that the | mining industry in the Meadow Lake mining district of Eastern Nevada | County continues brisk and promising. | For the first time in many years min- | ing will be carried on this year through the winter. At the Crystal Lake mine the ten-stamp mill will not be used | until the snow leaves next. spring, but | the men will continue to work in the | mine, which is 140 feet deep. It is ex- pected that a large amount of ore will | be got out ready for milling during the | winter. - A large amount of provisions | has been taken into the mining camp. There is three feet of snow between Meadow’ Lake and the outside world, and unless the winter should be a spe- ciglly open one no more trips will be made into or out of the place until next spring. COLFAX HAS LIME. The new lime works on the Bear River, three miles from Colfax, so says the Colfax Sentinel, are nearly com- pleted. The burning kilns have a ea- pacity of from 100 to 125 barrels of lime | daily. The rock from the quarries has undergone a thorough test. The Sen- tinel says the quarries are virtually inexhaustible and the suply of fuel abundant. The company has surveyed for -an aerial tramway to convey the lime from the kilns to the top of the hill, above the works, which is,a dis- tance of 2500 feet, on a gradual upward incline, and the elevation , from the kilns to the end of the tramway is 605 feet. The tramway will intersect the wagon road a short distance from the | Big Oak mine, and from there the lime will be hauled by teams to Colfax, via the county road. Electricity will be used as the motive power on the tram- way. A storage supply for the lime will be erected at the works with a ca- pacity of 100 tons. Coifax will be the distributing point for the northern part of the State of Nevada. A correspondent of the Calaveras Prospect writes that the mining outlook has never before been as good for the Calaveritas district. The Nelson Contracting Company is working. The debris dams are com- pleted and awaiting the inspection of the California Debris Commission. The Foster claim, near Washington ranch, will be operated. A dredger to work gravels will probably be constructed. Work at Brandy Flat will be on quite a large scale this winter. AMADOR OPERATIONS, The Amador Ledger says that parties have been negotiating for the purchase of the Defender mine, and the price of $60,000 has been mentioned. At the Sand Pile mine, where the only cyanide plant in Amador County has been oper- ating, a cleanup will be made directly. The Rhetta mine is reported to have encountered the ledge on the drift east from the 1050-foot level. The mining property adjoining the Zeila:mine on the north has been sold. The Ledger says: The intention, of the purchasers is to com- bine the Pleming and Eudey ranches, embra ing a lar ® th Zeila lode, operate the same. It will t make the necessary arrangements. work will not be likely to begin before six men:hs ut least. It 18 good news, huwever, for the people of Jackson that this portion of the ‘cle line is ) be prespected, With sufh- cient capital behind'the movement to thorousn- Iy explore wha: js regarded as a very promue- g territory. 4 The facts concerning the trouble over CAVALRY WILL GO T0 MANILA i —_— Transport Thomas Will Soon Cany Fresh Men to Do Duty in the Philippines e WEATHER DELAYS GAMES S o Soldiers’ Baseball Sports at the Presidio Are Spoiled on Account of Muddy Field el _The transport Thomas, which is scheduled to sail on January 1 for Ma- nila, will carry two troops of the Sec- 'ond Cavalry, members of the hospital |anfl signal corps, besides a number of detached officers and a few casuals. The two troops of cavalry will come from Fort Sheridan. The remaining ten troops of that regiment go out to the Philippines on the transport Kilpat- | rick, sailing from New York. Yesterday's storm caused disappoint- ment at the ' Presidio, where two fine games of baseball had been arranged. ! The Fifteenth Infantry team from Ord | Barracks, which has been the guest of {the post for a week, expected to play against the Tenth Infantry in the .mornlng, and in the afternoon they were to have crossed bats with the crack Presidio post team. The games will be played to-day if the weather permits, The Presidio post team will go to San EJoae to-morrow morning to cross bats with the All-Professionals, who are now wintering in that city. Captain Marcellus G. Sprinks, who has been ordered to report to the pay- master of this department, is expected | to arrive soon. He will proceed to the | Philippines in February. On December 28 Captain G. P. White will sell at public auetlon at the post a big lot of condemned quartermasters’ | supplies. This will include tentage, | tools, halters, harness and a large amount of miscellanecus articles. It Wwill 'be one of the largest sales that has taken place at the post for many months. < The Thirtieth Infantry, which arrived from Manila last Tuesday, was paid off vesterday at the post and joy reigned. | In all probability the regiment will de- part for its respective posts on next Tuesday or Wednesday. Lieutenant Colonel T. F. Davis and tons of | ing to Tuolumne County the Mother fMajor George R. Cecil, both of the Thir- | n out from the incline | Lode Banner includes statements that | tieth Infantry, are the guests of Major William Stephenson at his hospitable | quarters in the post proper, while awaiting their departure with their reg- iment to the East. Lieutenant Alfred C. Arnold left last night for Vancouver Barracks, Wash- ington, In charge of twenty-four artil- lery recruits who will be mustered into the service at that post. Lieutenant George B. Sharon of the Thirtiéth Infantry, who was placed un- der arrest for a breach of regulations just before reaching port on the trans- port Sherman, has been released. The Presidio Officers’ Club has elected the following officer’s to serve during the ensuing year: Captain Ira J. Haynes, Artillery Corps; Captain (George P. White, quartermaster; Cap- tain F. E. Johnston, Artillery Corps; Lieutenant B. R. Camp, Ninth Cavalry, and Lieutenant O. G. Collins, artillery. The present secretary, Lieutenant W. A. Covington, Artillery Corps, will re- main in office until February. Captain A. W. Chase of the paymas- ter's department has arrived and has | reported at headquarters of this de- partment. —————————— CAPTAIN NEVILLS CALLS BLUFF OF ONE JOHN ROSS Collector of Bad Debts Fails tb| Frighten Mining Man With His i Talk of Fight. Captain W. A. Nevills, the well| known mining man and capitalist, | called the bluff of one John N. Ross, | attorney and: collector of bad debts, at a meeting of the Police Commis- | sioners yesterday afternoon. Nevills was a witness in the case of Charles D. Long, charged with fleec- ing laboring men. Long conducts an | employment bureau and is alleged to | have had a habit of sending men to people who did not want them, in or- der' to get their fees. Ross, Long's attorney, and the min- | ing man engaged in a wordy war and nearly came to blows as a result. Nevills did not seem to frighten at all at Ross’ talk. Long claimed that \ | Nevills sent for the laborers and the fact was vigorously denied by the mining man. Little of note was accomplished at the trial. The trial of James G. Fogarty, charged with clubbing Sol Levitus, one of the strikers of the Cloakmakers' Union, on Taylor street on December 5, was commenced. A number of witnesses were examined and the fur- ther hearing was continued till Tues- | day night. Joseph E. Bennett was dismissed from the department by a vote of 3 to 1, Commissioner Reagan voting no. Bennett was implicated with ex-Ser- geant Wolff in accepting money from Simpson & O'Neill, saloon-kecpers, Seventh and Mission streets. el @ claimants. The protestants named are owTers of the Leraine group of claims and the jrotest is filed on the zround of an alleged conflict of the McKi1ley claims with those of the lar\u!\e group. The conflictéas alleged embrices 16.5 acres and refers especially to the Ruby, Garnet, Japer, Pony, Iren Cap, Spring Gul:h, Coli Springs, Copley, Trail, Sunny South anl Frozen North focations of the McKinley zroup. The claims comprising the Loraine groun owned Ly the protcstants are the Central, Last ( hance, Oregon, IKinet, Blué Crown, Loraine, Nora, Mountain. The matier : proclaimed his house will be carried to the Superior Court for cet- | tlement, The Mining and Scientific Press re- ports that the Alaska Development Company has struck its second flowing oil well on its land near Catalla, oppo- site Kayak Island, Alaska, and that the company has huilt a 1000-gallon tank near the wells and will run a pipe line to the drilling. plants, so that oil may be used under the boilers instead of coal. Three other concerns have drill- | ers at work in the Kayak country, these being the Cudahy Packing Company, the McKinley Consolidated mine in Shasta County are stated by the Red- ding Free Press to be as follows: Copye ¢ for ?,.ugnum et 10 1he ncmw.m- in Creek ‘mining district is ofl:“ rerers were filed by Shazadwm & Braynard 3. Foley and co- the Alaska Petroleum and Coal Com- pany of Seattle and Chanslor & Can- field of California. — e R & . Our fra thrilhovhlvm : L SETS O LAND IN RIVA F HOWLERS POLICE COURT “Fair” and “Unfair” Shouters Block Street and Are Arrested for Disturbing the Peace—Judge Cabaniss Develops Spirit of Yuletide Mercy Judging from appearances in Judge Mggan's courtroom yesterday the storm center of San Francisco labor troubles at present seems to be in front of the Ggqlden Gate Cloak House on Market street, near Taylor, owned by M. Siminoff. The street in front of the place was blocked by a multitude Thursday night listening to rival sets of shouters, one proclaiming that the house was ‘“unfair” and warning all good men not to purchase therein, while the other set maintained in loud tones that the house was “fair” and worthy of patronage. Out in the mid- dle of the street a “sandwich man” bore a banner with the announcement that the cloak house was “unfair.” Sergeant Mahoney and a squad vain- 1y endeavored to clear the way for traffic and as a final recourse arrested all the “spielers” and the “sandwich man.” When the case was called in court it was a matter of great difficulty to separate the different factions so that the various witnesses could iden- tify them to the satisfaction of the at- torneys and Judge Mogan. Finally the Judge solved the problem by getting the “fair” howlers to sit in the lower seats of the jury box, while the “un- fair” clacquers were lined up against the wall. The “sandwich man,” who bore the appropriate name of Eaton and was in a class by himself, was stationed at the railing. Then the tak- ing of testimony began. It developed that Siminoff, proprietor of the cloak house, as an offset to the denunciation of the union pickets who “unfair,” had hired a crew of stentorian-toned shout- ers to how! down the strikers. Both sides were making all the noise they could and the “sandwich man” carried the banner and made more noise than anybody. The “fair’ shouters occupied the stdewalk, the “unfair” men lined up on the curb and the “sandwich man” tramped the street. Edgar Peixotto, attorney for Siminoff, admitted that his clients were probably guilty of disturb- ing the peace and thought that the strikers were also. He believed that the officers had done their duty in making the arrests. The attorneys on the other side were un- willing to admit as much for their cli- ents. Judge Mogan reserved decision in the case, but he warned the warring factions that they must keep the side- walk clear and not interfere with traf- fic and said that if this were not done he would severely punish any member of either “fair” or ‘“unfair” shouters that came before him in the future. Judge Cabaniss fairly beamed with the spirit of holiday beneficence yes- terday. It was manifested in his own court first when two old-timers, Julia Burns and Jane Donahue, appeared to answer to charges of vagrancy. The, two poor old wrecks fully expected sentences of three months at least in the County Jail, but the Judge let them go with a ten-days’ sentence, which under the law will allow their release Monday. At this unexpected leniency they fell into each other's arms and wept. When they went back to the prisoners’ bench they poured forth a torrent of thanks upon the merciful dispenser of justice, and as they were led away a chorus of “God bless you, Judge” floated back through the cor- rfdors. ' Then the Judge rushed over to the court-room of Judge Fritz, who i ill, and found Mary Donahue there awaiting judgment for having disturb- ed the peace of her landlady, Mrs. Mc- Donald, at 120 Eighth street. Mary is another old-time offender that goes on the warpath when she 1ooks upon the wine. In her mind’s eye she saw the gloomy portals of the County Jail closing behind her. An- other package of mercy was handed out, however. Mary was told to go and gin no more. She promised to find new lodgings. John Muillins likewise escaped punishment under the pro- vision that he would take an oath not to drink intoxicants for the space . of one year, which he readily did. “Remember the night before election, | Jedge,” asked Mullins after this little dQifficulty had been adjusted, “that 1 met you on the corner and shook hands with you?’ The Judge remembered. “At that time, if my recollection serves me properly, you ‘accompanied your greeting with the query as to whether 1 had the price,” added the resourceful jurist. “‘Oh, no, Jedge, not that time. I had money in my pocket that night.” Judge Cabaniss apologized and Mul- lins, taking a glass of water from the judicial tumbler, went out intc the mist to battle for a twelvemonth with his thirst. g Joseph Woods wanted a pair of trou- sers. He had one pair, but he wanted two, so that while he wore one he could have the crease in the other pair prop- erly maintained. As he wandered past a second-hand store on Mission street a pattern that suited his fancy was dangling from a hook and he took the garment unto himself. He was con- victed of petty larceny in Judge Mo- gan's court vesterday and will be sen- tenced to-day. Judge Mogan yesterday held Joseph Kloess for trial in the Superior Court in bail of $1000 on a charge of grand larceny. Two months ago Kloess was broke and homeless and met Frank Adler, a sailor from the United States revenue cutter Thetis. Adler fed him and took him to his room to spend the night. Kloess arose earlier than the Jolly tar and left without awakening him. With him went $86 which Adler had in his pockets. During the pre- liminary examination the attorney for the defendant while cross-examining the complaining witness asked him if he had taken any drinks on the day he met Kloess. “Yes,” answered the wit- ness. “How many?" queried the attor- ney. “Oh, about twenty,” was the an- swer. “I thought so,” beamed the at- torney. “Now, was this beer and whis- ky or mostly whisky?" “Neither,” an- swered the tar, “it was lemonade. Im a temperance man and never took a drink of intoxicating liquor in my life.” The attorney gulved a couple of times b any statement. “Well, I would like to get out of this, Judge,” he answered. “You can hardly be callqg daringly original in your desire,” commented the court. Kelley is accused of snatching $3 from the hand of James Sample, who was counting his money at the corner of Mission and Third streets on Decem- ber 17. A policeman saw the theft, pur- sued and captured the robber and re- covered the money. hard luck. He was among the drunks before Judge Conlan yesterday. “How about this, Sutton?” asked the Judsge. “It was this way, your Honor,” said the prisoner. “I work for the Haslett ‘Warehouse Company. Yesterday I was piling firebrick all day and was tired. After I quit work I took a couple of drinks of whisky. I am not in the habit of drinking anything, and the liquor must have gone to my head. I guess I was pretty full, but it is the firgg time I have been that way in years.” It looked like a runaway race for Sutton. “What were you doing up on Kearny noon?” asked the Judge. “Me?” said Sutton. “I wasn't up that way at all.” “Oh, yes, you were,” said the Judge. “T saw yop there myself. You were curs- glg horribly and trying to load a big ox into a hack and drive off with it. When the hackman interfered you fair- ly flowed with profanity. I said then that you would be before me pretty soon, and here you are. I'll sentence you to-morrow.” Now, if Conlan had been on Ellis street—but what's the use of a man arguing about an unto- ward fate? John Guinasso knocked down Kitty Langford Thursday night on Pacific street and took $3 away from her. She screamed for help, and two men that went to her assistance were also knocked down. Guinasso was convict- ed of disturbing the peace before Judge Conlan yesterday and ordered into cus- tody pending a further investigation into the case. It is probable that a charge of robbery will also be placed against him. Thomas S. Wall, a machinist, was be- fore Judge Conlan yesterday charged with battery. The testimony showed that Ethel Roberts, a young girl, re- fused to live with her mother and took a room at 502 Third street. Her mother went there with some food for her while Wall was making a call. The mother upbraided him for inducing the girl to leave home, and as a result Wall choked the mother. Her screams at- tracted Policeman Whelton, who at- tempted to place Wall under arrest. ‘Wall gave the policeman such a tough battle that Whelton was compelled to call in the assistance of Policeman Mec- Dowell before the machinist could be subdued. The hearing of the case was continued until to-day. — e —— FATE OF MRS. WILKERSON NOW IN HANDS OF COURT - Judge Murasky Hears Final Argument in the Suit and Takes Case Un- der Advisement. Final argument in the divorce suit of Maude Amber Wilkerson against Ira Puerl Wilkerson was heard by | Judge Murasky yesterday and the case was taken under submission. A divorce was granted yesterday to | william E. Sharp from Amelia Sharp for infldelity. Sharp is a musician and was formerly leader of an orchestra in a Honolulu theater. A decree was also. granted to W. A. Pickering from Mary O. Pickering for desertion. A suit for divorce was filed by Flor- ence P. Brown against Daniel Brown for intemperance. —_————————— Sues Peltier for Support. The suit for maintenance of Marie Peltier against John Peltier, an asphaltum roofing contractor, was given a heafing by Judge Seawell yes- terday. The woman asks for $100 a month and complains that she was compelled to live in a hovel by her husband. Thomas Sutton is certainly playing in | street, near Market, late in the after-| FICHT OVER MARE ISLAND E.L.Sawyer Takes Legal Action to Have Government Ejeeted From Overflow Tract of Land B. H. MeCALLA DEFENDANT Plaintiff Claims Ground by YVirtue of Grant of Congress in 1850 te California ———in A suit in ejectment day in the United States Cireuit Court, Ninth Division, against Bowman H. McCalla, commander of the naval sta- tion at Mare Island. The suit has been brought by E. L. Sawyer and is in reality a suit against the United States Government to recover 164.55 acres of swamp and overflow land off the north end of Mare Island. Sawyer claims title under the grant by Congress in 1550 of all swamp and overflow lands to the State of Califor- | nia. In 1857 the State patented the | land in question to David N. Darlinton. Sawyer is the successor of Darlinton in the ownership of the land, and wants the Government ejected from what he alleges is his by right of law. It .being unlawful to bring suit against the Government without hav- ing first secured its consent, .the suit | was brought against McCalla, he being in charge of and ruler over the island, | a portion of which is the subject of the | suit filed. | The United States Government will in | all probability contest the suit, claim- | ing Mare Island in its entirely as suc- cessor to Victor Castro, to whom the island was granted by the Mexican Government in 1841. The Government is in possession of the tract of over- flowed land at the present time. Sawyer claims that the Government in acquiring the island only got the high land and that the swamp or over- flowed land belonged to the State by the gramt of 1850. He being the succes- sor of Darlinton, to whom the land was patented by the State, claims title te the disputed acreage. The suit will occasion much interest, as a case similar to it was brought against the Government in the Circuit Court befora Chief Justice Field in Sep- tember, 1883, by the San Francisco Savings Union et al. to secure title to a large tract of overflowed land com- prising 7413 acres. The land then.sued for was that lying directly north af the section now being sued for by Sawyer. Judge Field gave judgment to the plaintiff. The decision was appealed to the United States Court of Appeals and there upheld. Sawyer claims that the Government is now using his tract of submerged land as a dumping ground for rubbish from the island. He has retained At- torney W. M. McIntosh. e RECOVERS JUDGMENT FROM GERMAN BANK was filed yester- Depositor Sues for a Sum of Money That Was Withdrawn by a Man ‘Who Stole Bank Book. Justice of the Peace Van Nostrand gave judgment yesterday for $170 in favor of John Tyler, who sued the German Bank for the amount which he had on deposit. Tyler testified that his bank book was stolen by a man whom he had befriended and the lat- ter drew $160 of the money. Tyler said he was at a loss to know why the bank had paid over the money, as his friend had misspelled his (Tyler's) name when he signed for the money. The bank interposed no defense, but after judgment was given flled notice that it would appeal the case. — e Gets a Hundred Too Much. Major F. L. Payson, paymaster in the United States army, secured a war< rant from Police Judge Cabaniss yes« terday for the arrest of Charles L. Newcomb, a discharged soldier, om the charge of felony embezzlement. Newcomb was entitled to $251, but through a clerical error he was paid $351. The error was not discovered till a few days later, but Newcomb had left the city. It is said that he has been located in Stockton and will be brought back. ADVIRTISEMENTS. A lear ye, the Hundred and Lar, e B2 San Francisco. News Letter, Comprising One Pages will be with all Purveyors of News on- Monday, Surpassing in Artistic Excellence, Profuse Illustration and Original Conception Anything to Date. A ge Supplement, Suit-. able for Framing Ac- - companying. come this Royal Gift. Twenty-five Cents the © Christmas Twenty A Wel.