The San Francisco Call. Newspaper, December 22, 1903, Page 16

FRANCISCO CALL, TUESDAY, DECEMBER 29 ==, 1903. SPIRITED AWAY BETWEEN ! \\RITSN Sheriff Baird of (‘r-lm'ado Out- wits Attorneys for Man Who Is Wanted on Charge of Arson | CHANDLER ACCUSED —_— J. E. Acts Twice in Valuable Time Is| Prisoner’s Lawyers — Supreme Court but by Case, Lost secretary of the Min- ear Creek Cou morning in Los An- mber 11 by les County, eived from the claimed that rty that plot- cator mine, in Clear Creek ( Colorado, which res ion of property an An E e the time of s t the extradition nd retained counsel to de- reme Court is- and geles County s city i him before corpus. vester- and F. H w08 Angeles appeared for Sheriff White of Los presented by At-| was re James preme Court ATTORNEYS MAKE ERROR. n for the writ of habeas t Chandler was not € 1 Colorado, to give his f Ju was blo ie a fatal er- t They illegally Governor of dered the sur- Colorado ngs issing the the d that i in custody that it wa k relief from Sur « t county be- ? ng to the Supreme Court £ e left the Supreme Court r with his prisoner and later on ed Chandler over to Sheriff Baird rs after the decision of the | P Chandle ond spplication for habeas corpus for their client CHANDLER SPIRITED AWAY. the meantime the writ of extradi- | by Governc Pardee a few s served on Sheriff White, | too pleased to turn his attorneys | writ of \ habeas dler was detained by | ernor of California, | but the joker then er and the Colorado | n)r\'1= as the Supreme Court | he second writ of habeas | Thompson of Los An- | to hunt up Sheriff | ) and serve him with | nd Chandler had dropped out of sig owever. Thompson hunted | at all the downtown hotels, but eould | find trace of the Colorado Sheriff | or Chandler Thompson enlisted the aid of private ast night to try to find 4 his captor from Colorado, met with no success thought that riff Baird of do took Chandler out of this city | on an evening train and then boarded | an overland train some time during the | evening Thompson was determined last night to prevent Sheriff Baird from taking | | Hotel | State FAILS T0 GET HER DIVORCE Decision Rendered by Judge Cook in Suit Brought by Mrs. Violet ALLEGATIONS NOT PROVEN PR P Question of Her Residence Does Not Form Part of the Reasons for the Judgment — e The attempt of Mrs. Violet Aubrey Butler, a former actress well known in the East, to obtain a divorce from her husband, Guy T. Butler, has falled. Judge Cook handed down a decision | vesterday afternoon in favor of the de- fendant. Mrs. Butlér arrived at Hotel from the East about the end 6f September, and a colored maid. She created a sen- sation by the magnificence of her ward- robe and the luster and extent ef her diamonds and jewelry. FILES SUIT FOR DIVORCE. After being here a few days she filed a petition for divorce from her hus-| band, and on October 2 she and her sis- ter testified in Judge Cook's court, the | husband being represented by Assist- ant District Attorney Porter Ashe, who | informed the court that Butler was in| and would not op-| San Antonio, Tex., pose the suit. That afternoon Mrs. But- ler left for Monterey, and a few later the case was taken from the court calendar, to be replaced when the neces- sity arose. The evidence of Mrs. Aubrey was to the effect that she and her husband were married in New York on January 12, 1895. They tame to this city and lived for a short time at the Palace She claimed that her husband had deserted her some years ago. She said she was born in this city and con- sidered it her home. The only other witness was her.sister, who gave cor- mony as to the deser- JUDGE'S DECISION. Judge Cook’s decision is as follows: this case there is considerable doybt in e swears she has_ alwayséresided in this but ‘admits she has been long rer she can be considered a is ‘very doubt v fails necessary to con is asked e to provide, grounds— second, deser- as also nd ntiff herself testifics, . that ever since sne and her separated has eupported herself. evidenced that. she was able to self as well, if not better, than The earnings of a wife ¥ property as are the and where a wife is even if she does Herself means =0 to do, she cannot secure re to provide. There is to provide for her. no defendant’s desertion, there is no n corroboration of the DIRINtIfT's tes- at the desertion was willful or that the Adefendant A divorce orated had no intention of returning. cannot be granted on the uncorrob- estimony of the plaintiff. the foregoing reasons the divorce r_is denied and it is ordered that ff take nothing on her complaint and nt be entered in favor of the de- —_———— Chinaman Weds Japanese Girl. Lew Bow, a Chinese merchant liv- ing at 1024 Jackson street, was mar- ried yesterday afternoon to Hart Doe, 1 Japanese girl. The ceremony w: performed by Justice of the Peac Van, Nostrand. The groom is 25 years old and his bride just 20. ding is unique from the fact that it is but the third marriage between a Chinaman been recorded in this city. Usually the two races do not love one another to distraction. Chandler out of California if possible and sent telegrams in all directions to | head the Sheriff and his prisoner off. If Sheriff Baird and Chandler pass the line the writ of the Court will be of no value whatever. Attorney . Thompson learned last evening that Sheriff Baird and his pris- oner had left in theafternoon for San Jose, intending to take the overland traln some hours later. Attorney | | Thompson took a late train for <|1n‘ Jose, hoping to intercept Baird “and his prisoner. ADVERTISEMENTS. Aubrey Butler| the Palace | accompanied by her sister | days | JEALOUSY ENDS. bIG MILLMEN IN A" TRAGEDY| N CONFERENCE B s s Dan O’Hare fi‘rles to Slay a|Lumbermen of the North Send ‘Woman and Her Escort, Then| ' Committee Here to Effect Dies in Shadow of a Church| Settlement of Differences PRODUCERS ARE AT OUTS EL o Local Exporters Want Rules of the Coast Combine Re- | STORY ONE OF LOW LIFE il s Ethel Penny, Variety Actress; | and Jake Shebina, ‘‘Spieler,” | Lie in Receiving Hospital garding Production )Iodlfl'ed’ | A tragedy in low life occurred on R. L. McCormick, co:.fidential man Dupont street, between California and | Bush, late last evening. Dan O’'Hare, | jealous of Eth&l Penny, a variety ac- tress with whom he has been living, | shot the woman, then Jake Shebina, a “spieler” for a resort, and then sped a bullet into his brain. O’Hare died nstantly, but Mrs. Penny and Shebina were not fatally wounded. Ethel Penny is 20 years of age and claims to be the wife of “Major” Pen- ny, who is said to have been in the | army at one time. She hgs been liv- ! ing with O'Hare for the last month. {for Frederick Weyerhaeuser, head of | the biggest Jumber concern in the | world, accompanied by Richard Alex- ander, representing the principal lum- 3 ber mills along the Columbia River, ar- |rived from Portland y!;lerday and is | registere@ at the Palace Hotel. The | coming of the Weyerhaeuser Timber | Company’s representative has been ! looked forward to with considerable | interest by local lumber men, for his | presence in San Francisco at this par- | ticular time has much to do with the future conditions of the lumber busi- | ness on the coast, and especially the ! She said that she deserted Penny be- | export trade, on which the Weyerhaeu- cause he objected to her aspirations|sers have lately been steadily éncroach- for the stage,sand then found employ- ling. | ment in a variety theater at 406 Du- | The export business of the coast has pont street. Recently O'Hare became | P8¢l Manipulated for two years by a { 2 combine in this city, in which are rep- | | Jealous of a piano player in the resort, | ogenteq the majority of the mills of | who paid attentions to the woman,, Washington, Oregon and California. and several violent quarrels have been | Through their organization they have the result. Early last evening O'Hare | pro rated the amount of lumber that went to the theater and during a dis- | cach mill shall send to foreign ports, Penny on the head | paqing the apportionment on the indi- He then left the | yiua] capacity of the mills. In this | manner the output and the price of lumber produced on the coast has been regulated. { | | pute struck Mrs. with a loaded club. place and avas heard ‘of no more until nearly midnight, when the tragedy happened. | When the theater V\as about to close 3 | Mrs. Penny and Florence Sales, an- LOCAL MILLS OBJECT. other actress, started in the direction| The existing. agreement expires on | of California street, it being the inten- | the first day of the new year and, with | tion of the former to go to Penny's|the intention of renewing it for an- | residence at 32 Lynch street. Mrs. Other year, the members of the com- Penny, fearing that O'Hare might mo- | bine met in Portland last week, but | lest her, asked Jake Shebi: “spieler” | failed to accomplish their purpose. | While the existing agreement was sat- | for the place, to accompany her as far | isfactory to the millmen of the north, | as the car. and the trio started in the | | direction of California street. They had | the California manufacturers refused | gone but a short distance, when a shutfin sign for another year. The feature | was fired from behind and Shebina, ‘ of the agreement to which the millmen struck in the shoulder, fell to the pave- | of this State object is a clause which | ment. Mrs. Penny turmed, and when | provides that where a producer exceeds she saw O'Hare with the smoking re- \me output appertioned to him by the [volver in his hand, started to run up |organization lLe shall forfeit the pro- the hill. She passed Pine street and | ceeds of the excess. The California the chase lasted to the ccrner of Cali- | millmen have declared in favor of a fornia street. In the flight O'Hare fired | modification.of this provision, so that | | four more shots and the last one struck | a mill may produce more than its quota her husband a divorce on the ground of | The wed- | and a Japanese that has| Supreme | the woman in the side, \in districts where the demand exceeds the supply without suffering the penal- | ties prescribed by the combine. | Failing to effect a compromise on this | point, the Pacific Coast Lumbermen, as | O'Hare crossed to the north side of | California street and finished the trag- | edy in the shadow or old St. Mary's Church. He stood undetermined for | a moment until he saw Pclicemen Reed, Cannon, McShane, Connor and Special Officer Paul Schmidt hurrying toward him. As Réed was about to seize his | hand he turned. the revolver in the | direction of his head and the only bul- | let that remained in the weapon crash- ed through his brain. He died in-| stantly. O'Hare's mother, Mrs. lives at 368 South Court | Mary O'Hare, n Jose. The suicide and the Penny woman lived a'.\ | 3191, Mason street. The body of the | | man was taken to the Morgue and his ! victims to the Emergency Hospital. — | ACTRESSES ARE WAYLAID AND ROBBED OF VALUABLES ‘While on Their Way Home From The- ater Two Men Relieve Them of Cash and Jewelry. Miss Marquita Dwight and Miss Fleurette de Mar, members of the the- atrical troupe now playing at the Cal- | ifornia Theater, suffered the humiliat- ! ing experience Sunday night of being held up and robbed of their valuables. According to their story, related to the police yesterday, they were on | their way home from the theater shortly after 11 o'clock Sunday even- | ing and were walking along, Stockton | street, between Post and Sutter, when | they were suddenly halted by two | men. The latter placed their hands over the young women's mouths to prevent them from making an outery and then relieved Miss Dwight of a purse con- taining $45, and from her frightened | companion they. took a diamond pin, | which decorated the bosom of her dress. The robbers then released | their fair captives and disappeared in | the darkness of a small street. | Yesterday Miss Dwight and Miss de | Mar reported the matter to the police, | to whom they gave a good description | of the robbers. | e | TEST OF WOODWARD LAW TO BE MADE NEXT MONTH Counsel on Both Sides Are Agreed That Hearing Shall Be Hastened to Final Conclusion. It is probable that the hearing of the case of Wetmore Bros, which may decide the extent of the jurisdic- tion of the Harbor Commisisoners un- der the Woodward law, will take place before Judge Sloss in the Superior Court on January 8. An earlier day was sought by coun- sel for the Harbor Commissioners and | by Mr. Reinstein, on behalf of the | wholesale produce dealers whose per- mits to sell have been taken away. On the date mentioned it is expected | that the proceedings will go as far as possible and that they will be con- tinued to a conclusion. The decision in one case will be ac- cepted in all. —————— s Bethel Church Holds Bazaar. Bethel African Methodist Episcopal Church at 1207 Powell street is giving a holiday bazaar all this week in #he church parlors. The bazaar was open- ed last night. There were a number of booths containing many pretty things to be sold at a reasonable fig- ure. A large crowd attended and the bazaar is bound to prove a great suc- cess. It will be open every evenlng until New Year's night. —_—— Falling Rock Injures Him. i Frank Foster, who resides at 1000 | Indiana street, a quarryman, working in Warren's quarry, at the six-mile divi- sion on the San Bruno road, was caught under a falling boulder yester- day and suffered a fracture of the right leg. The fracture was set at the Emergency Hospital. | the export combine is known, delegated | present differences. ! oped a lively war among the exporters. |\ RL. a committee comnosed of E. A. Skin- ner of Port Blakeley, Richard Alexander and R. L. McCormick, to come to thi§ eity and confer with the local lumber- men with a view toward settling the If the conference fails of the purpose of the committee it is expected that there will be devel- The latter have been selling at a basis rate of §14, but a dissolution of the | | present combine will knock this price several points lower and, it is feared, demoralize the export trade in so far as the millmen are concerned. * McCormick is regarded as one MARKS BROS. Marks Bros.” Prices Make Buying Easy] GIVERS OF USEFUL PRESENTS WILL NOT MISS THIS SALE OF Mercerized Sateen Petticoats 950 CHRISTMAS SALE PRICE $1.25 PETTICOATS i 8’ 20 CHRIS s, 45 CHRIS s, 75 CHRIS 81.95 cHris TMAS SALE PRICE CHRIS { 3 2 -2 5 $2.75 PETTICOATS LE PRICE $0.45 CHR T e icohrs | $2.75 These Petticoats are made from an excellent quality of mercerized sateen. Some are trimmed with narrow ruffles; others have a deep accordeon plaited § flounce with an extra deep dust ruffle. Great variety of pretty styles to from. TMAS SALE PRICE $1.50 PETTICOATS TMAS SALE PRICE $2.00 PETTICOATS TMAS SALE PRICE $2.15 PETTICOATS | TMAS SALE PRICE $2.25 PETTICOATS | CHRISTMAS SALE PRICE | $3.25 PETTICOATS Petticoats are all made extra. wide and extra full. *‘They are Practical Christmas Gifts.”” PRICES AND QUALITY TO SUIT EVERY TASTE. 7 We carry an extensive lit Handkerchiefs, Belts, Novelties, Mufflers and Green Trading Stamps with all purchas MARKS BROS. 1220-1222:1224 WARKET ST. . Bet. Taylor and Jones. { short conference with the _ ADVERTISEMENTS. CHRISTMAS CLOTHING From Brown’s is a gift worthy of giving because it, represents the highest. quality and the most, up- to-date styles. MAN / Fancy Vests Wash Vests Smoking Jackets Here are a few hints: BOY ‘Two and Three Piece Suits, Double Breasted Warm Woolen Over- Single or coats Tuxedo Suits Full Dress Suits ‘Overcoats Cravenette Proof Coats CHILD Rain- Eton and Sailor Suits Russian Blouse Suits Reefer Auto and Brown Buster Overcoats You will know right. clothes when you see them, and you can’t. help appreciating right. prices. MIILLE: TO MATMN. BROWN G 516518 MARKET ST.mévicones An Xmas gift toevery pur- chaserinthe juveniie de- partment, ONTGOMERY of the best informed timber and lum- ber men in the United States and with the backing of the Weyerhaeusers he naturally wields a $trong influence. Not long ago the Weyerhaeusers, who have millions of acres of timber lands on the coast, including the Navarro property in the northern ‘'part of this State, which they purchased a year ago and reorganized under the name of the Pacific Coast Lumber Company, com- Plain®d to the Pacific Coast Lumber- men that they were not receiving a fair proportion of the export business and threatened that if they were not given a better pro rating tRéy would with- draw and carry on a business independ- ent of the combine, a move that would necessitate their putting on a number of vessels and entering into a general shipping business. Whether the de- mands of the firm are to be acceded to in the renewal of the coast agree- ment remains to be determined after the troubles between the northern and the California préducers have been set- tled. “ The committee from the north held a local ex- porters yesterday afternoon,. but no | progress was made toward the settle- ment of the existing difficulties. To- day's meeting, however, is expected to | be more productive of res — e . MILL OWNERS DUBIOUS. Opinion Expressed That the Export Combine Must Break. PORTLAND, Or., Dec. 21.—That the combine between the lumber manufac- turers of the Pacific Cbast relative to export interests is bound-to go. to pieces is the expressed opinion of some prominent millmen. They assert that the agreements which for two years past have held export prices up have served their usefulness and on account of the condition of the home market there must of necessity be a disruption of the export combine. It is alleged that some of the mills have been guilty of cutting prices :nd have continued ‘until the market is undermined. The looked for result is a great shak- ing up in the foreign market. that will cause a hedvy loss not only to-the mills in the combine but to those out- side of the organization. The latter - mills would like to see the combine re- main intact, because its-agreement pro- tects them also. A prominent lumber- man said to-day: “I see no other possible result but a breaking up of the export combine. At the time this organization was made there was a good-demand for export lumber and a still heavier demand upon the home market. The latter demand was go great that many mil made no attempt whatever to ship their pro- ducts to the foreign markets. Under these conditions the mills that entered the eXport combine were enabled to maintain almost any price that was desired. Since then the home market has gone to pieces and as the foreign market is still good everything pos- sible has been directed in that channel. The: result is that there has been an overcrowding and some of the mills | have been quietly cutting prices. This rate cutting has been getting more bold all the time and it has been discovered. ‘“The California people are scrapping about the penalty clause and other con- ditions make it almost impossible for a settlement to be made.” Murine Eye Remedy cures Sore Eyes. Makes weak Eyes strong. Murine dmn t sman. it wnthes Eye pain. WILLIE O'CONNOR FOILED BY HIS CLEVER SISTER Attempt to Have Her Adjudged Guilty of Contempt. Miss Lily O'Connor, trustee of the estate of her father, Cornelius O'Con- nor, yesterday foiled the attempt of her brother, “Willie,” to have her ad- judged guilty of contempt of court for to allow him, as co-trustee, to gaze upan the O'Connor bric-a-brac, furni- ture and silverware. | account and also informed the court time to go with “Willie” the furniture. She sai keep her brother to the safety vaults where the silver- | ware was stored, but that her efforts were in vain. ‘“He cannot even keep a key,” she said, gazing at her brother with a look of scorn. ——————— Triplicate mirrors, standing mirrors and hand mirrors. Beautiful and inex- pensive Christmas presents at Sanborn & Vail's ———— Court Punishes Darrow. Alden C. Darrow, freight agent of the Colorado Midland Railroad, was adjudged guilty of contempt of court vesterday by Judge Troutt and or- dered into the custody of the Sheriff until such time as ha compligs with the court order directing him to pay his wife, Florence C. Darrow, $170 accrued alimony. ' The contempt pro- ceedings are the result of a suit for maintenance filed some time ago by Mrs. Darrow. At a preliminary hear- ing Darrow was ordered to pay his wife $30 a month for her support, pending the final determination of the suit. He neglected to go so, hence the order sending him to jail. —_———————— Toilet cases, in buckhorn, celluloi@ and leather. Handsonfest line ever shown. Sanborn, Vail & Co., 741 Market st. * ————— Merchant’s Estate Appraised. The estate of Samuel Foster, the merchant, was appraised yesterday at $185,740 58. realty worth $65,450 and personal ‘property worth $119,715 58. His in- terest in the firm of S. Foster & Co. is appraised at $37,500. —_————— Just received, latest Parisian novelties, Xmas glove orders. Danichelf, 121 Grght ave. —_——— Confers With the Mayor. Harry M. Kelley, chairman of the committee of the Grand Jury investi- gating the accounts of the County Clerk’s office, had a lengthy confer- ence with Mayor Schmitz yesterday morning. The Mayor.refuses to give out anything thdt took place or was said at the conference at this time, but it is understood that the two discussed the course it would be advisable to adopt in view of the Tecent crooked disclosures in the Clerk’s office. P ADAMS' Irish Moss Cough Balsam the safe, sure, guaranteed cure. 25c, 50c, Druggists. * ————— Petition in Insolvency. Peter Anderson filed a petition in insolvency yesterday in the Unifed States District Court. He owes $332 and has no assets. He is a dairyman and resides in Oakland. Children like Piso’s Cure. It is plegsant to take and cures their coughs. At druggists 25c.* She Appears in Court and Frustrates | failing to file an account and refusing | She appeared in court and filed her | that she was ready and willing at any | to look at | she tried to | supplied with keys| It consists of $625 cash, | | | | | POLICE WANT DRIVER OF DELIVERY WAGON Lewis St. Armont Accused of Selling Trunks He Should Have Delivered. The police have been searching for some _time for Lewis St. Armont, a driver for Morton's delivery, but have failed to find him. It is supposed that he has fled from the city to aveid ar- rest. St. Armont is accused of selling to second-hand dealers trunks and th contents that he had agreed to de- liver to their owners. At least fc complaints were made to the pol against him, one from a school teac er of Oakland, one from a woman from Portland, one from a visitor from New York and another from a stranger from Louisiana. Detective Armstrong was detail on the case and he ascertained Armont had sold two of the trunk to a dealer on Washington street a the other two to a dealer on Mission street, the sum obtained in each stance being $1. Armstrong als learned that St. Armont had had a account at the Hibernia Bank and has withdrawn the amount on depesit. ed St. scientific lincs developed during hall a century of piano cxperience. To this 3 fact is due their delightivl g lonc and excellenl con- siruction. Denj. Cui'—[az &Son (SOLE AGENTS) Open Evenings 16 O'FARRELL ST, 8. F. San Jose, Fresno, Alameda, Stockto: Is at 76 Geary St. With a fine stock of Dllwnd., Watches, Jowelry, Cut Giass and Solid St “No mors 50 per cent profit on m“""‘\ EVATT & HINKLE 76 Geary Street. OPEN EVENINGS.