The San Francisco Call. Newspaper, December 23, 1903, Page 16

THE SAN ADVERTISEMENTS. ..The Best Sort of Mechanical Toys... FREE: To-Day and To-Morrow With Every Purchase in Frisco’s Biggest and Most Popular Juvenile Department o o surroms | o & & g o & The American .. ... Sailor Lad... ONE of the most pictur- esque of SAILOR SUITS in the highest grade of ENGLISH SERGE, made in RAPHAEL’S inimitable style, beautifully braided; the 1904 model of the SAILOR for lads 3 to 10 years of age, in Navy, Royal and Red. Positively 2 $6.00 SAILOR SUIT, iu[] winter weight fabric and about as jaunty and saucy little SAILOR SUIT as ever was placed beforc o8 3333383 SPECIAL to- day, and with it he gets TOYS— Mechanical ones : ¢ 3 3 the Suit BREAKER BLOTS OUT TWO LIVES ItalianiFishermen Drowned Off Cliff House When a Big Wave Swamps Their Boat CRAFT SINKS LIKE LEAD Brother Toilers Who Attempt to Rescue Them Narrowlyi Escape a Similar Accident P The, lives of two fishermen were blot- ted out yesterday morning in the wa- ters off the Cliff House by acomber, which curled over the side of their boat, sending the eraft to the bottom and | leaving the occupants struggling in the | breakers. The waves were high and the struggle was brief. As the men dis- appeared beneath the surface another fishing boat reached the scene, intent on rescue. It was too late, however, | and while cruising in the vicinity the ! escaped being The victims of the disaster were Jo- | seph and Salvatore Gelardi, aged 22 and 18 respectively. They were sons of Leonardo Gelardi, with whom they re- sided at 531 Francisco street. They | were both single and were members of a family of five sons. Joseph and Sal- | vatore, with their father and brothers, | | came here from Italy about three years | | ago and engaged in crab fishing. The | two boys recently purchased a gaso- line boat, which they painted in gay | colors and named Familia Unita. For- itun#‘ favored the little craft. The Ge- lardis made good catches, which they sold for fair prices. They were pros- pering and looking forward to spend- | ing the happiest Christmas that had | | fallen to their lot since a ldng ago day in sunny Italy. They Jeft home at 4:30 o'clock yester- | day morning and were in the vi of the Cliff House at 7 o'clock. gea was rough and huge combing | breakers made navigation full of peril | THAT clever LONG OVERCOAT for the cockle-shell craft of the crab in the picture opposite, for|fishers. The Gelardis were born boat- o & It's Dressy It's Long and Full of E { | P men and had weathered waters far more | boys 8 to 15, made 2s you see it | inreatening than these scemed. A blow f“ll“) a wave, however, a sudden swerve | pictured and also many styles with nd the boat was wallowing in the | the belted back, which is also one | trough of the sea. Before the helms- | man could make a move a huge roller | of the cleverest OVERCOATS for | broke high over their heads and the | boys of these ages this winter. | little boat filled to the gunwales. | Weighted with ballast and a gasoline | It's a COAT that you can’t find cngine, the Familia Unita sank like a | its like i rock. A succession of breakers poured its hke in town under 57 00 It S tons of briny water on the struggling a Christmas SPECIAL with us, italians, all their youthful brawn was | of no avail, and within a few mmulflsx and with it he gets a very high |}, disappeared. | character MECHANICAL TOY.| Two brothers, Reulice by name, were 5 | crdising in the vicinity. They wit- The OVERCOAT will be marked nessea the swamving of the k‘amnla‘ . ‘lnna and saw the Gelardis drown. for to-day and to-morrow : : 3 | While trying to reach the struggling | | fishermen a breaker struck the Reulice | boat and their own preservation de- $ 50 mandea all their skill and attention un- | & til it was too late to render any aid to | the Gelardis. A knitted cap and an the Overcoat | oar were the only objects in sight when | | they drew away from the scene of the | tragedy of the sea. & o 5t OF MRS. E. K. LORING LEGAL BATTLE | | WILL | -+ CAUSE OF | Purported Last Testament of Eccentric Woman Discussed in Judge Murasky's Court. ‘ The document purporting to be the will of Mrs. Emma K. Loring, the| eccentric woman who was found deadl in her home at 2409 Sacramento street | jast June, was the subject of discus-| gion in Judge Murasky's court yester- day. It came up on preliminary pro- ceedings to prove the document fit for | probate as the last will and testament | of Mrs. Loring. The parties interested in the suit are Martin Rflge'\sberger,] named in the will as executor; Johanna | Reeder of New York, a sister of the | deceased; George Attenborcugh, son- | in-law of the deceased, and the Public | Administrator. Attorney M. H. Heineman, who rep- resents Martin Regensberger, named in | the will as executor, testified that he drew the will in 1888 for Mrs. Loring. He sald, however, that he had not sufficient knowledge of her handw: rIUng to enable him to state whether the; cancellation was written by the de- ceased. J. O'Leary testifled that he first met Mrs. Loring fifteen years ago when he was a boy of twelve. He said he saw a great deal of her and that in his opinion her mind was not sound in 1895, the time the will was canceled. J. M. Newbert, an employe of the Public Administrator, was the first witness examined yesterday. He tes- tified to having gone to the home of the eccentric woman a short time after the discovery of her death was reported and making a search of her effects. He said he found the will of Mrs. Lor- ing in an etagere. —————— Will "Give Musicale and Sale. The ladies connected with All Saints’ Episcopal Mission, at 1224 Halght OPEN EVENINGS . TILL CHRISTMAS street, will hold a musical entertain- ment and sale of Christmas delicacies, useful and fancy articles, etc., this evening in the mission rooms. Ice cream and lemonade will be served. Admission free. The proceeds of the sale will:be applied to the fund for the purchase of a site for a church building which has been recently secured on Masonic avenue, near Haight street. —_——————— Not Kearny-Street Officer. Police Officer Kavanaugh, who is being sued by his wife for mainten- FRANCISEO 'CALL, ' WED | he declined to do so unless | stenographer present. | ot put in an appearance and was ex- i latter made a special trip to this city | plied Cornelius, | by hanging himself with a towel in a ance, is not Patrolman James B. Cav- anaugh, who is connected with the gentral station and whose beat is on Kearny street. Through an unfortun< ate mistake the Kearny street officer's name was printed in connection with the court proceedings as the defend- ant in the suit. . . —_——————— Court Will Reconsider. * The Supreme <Court yesterday granted a rehearing in the estate of Campbell. It was previously decided in this case that the amendment of 1899 to the collateral inheritance tax law was constitutional. Further evi- dence as to the invalidity of the pro- vision has Been discovered by interest- ed attorneys and the whole matter will be given mature reconsideration.. SDAY, DINGWALL CASE IS SUBMITTED Witness Narrates the Conver- sation He Had With President Mahon of the National Order EXPELLED MEN IN COURT) o e Judge Hebbard Called Upon to Compel Union to Reinstate the Alleged Conspirators RIS, Gegrge Dingwall, the former secreta- ry-treasurer of the Street Carmen's Union, and six others who were ex- pelled from the organization had an- other inning in Judge Hebbard's court vesterday morning. The plaintiffs are suing for a writ of mandate to com- pel the local division to reinstate them to membership. The ¢ontention of the plaintiffs has been that the executive committee of the union overstepped fits Jurisdiction when it expelled them from the union. Dingwall has led the fight and claims he was never given a hear- ing. - The case has deveioped the fact that the organization has been rent by warring factions. Attorney Adolph L. Weil, represent- ing the plaintiffs, and H. W. Hutton, attorney for the union, werz in court yvesterday to finish the case. Two wit- nesses were examined and then the at- torneys agreed to submit the case on briefs. 4 At a previous hearing of the case it was shown that Dingwall had been thrown out of the union for alleged conspiracy. He had been summoned to appear before the executive council and he was attorney and This request, he He therefore did permitted to have an | alleges, was refused. pelled from the organization. Dingwall then appealed to John Mahon, presi- dent of the national association. The to hold an investigation. R. C. Cornelius was placed on the stand yesterday morning tp answer a few questions relative to stenographers. “Do you know when the executive committee first had information that there was a shorthand reporter or stenographer that was a member of the union?” asked Attorney Weil. “Well, I am not exactly sure about t. It was some time after Dingwall was expelled from the association,” re- J. H. Fairweather was called in re- bhuttal by the plaintiff. He stated he knew Mahon and was present at the meeting of the executive committee #hen the investigation was held. *‘Was the evidence upon which Mr, Dingwall was convicted considered at that time?” he was asked. “It was not,” replied the witness. “Were the members that were ex- | pelled allowed to make any statements upon the merits of this case at that time?” “Not upon the evidence; no, sir.” he facts. were not considered at all?” No, sir.” ‘‘Subsequent to that time did Mr. | Mahon say anything to ybu about the { merits of the case?” *Yes, sir; he said he had locked into | the matter and he could see nothing to it but hate; that he had told Mr. Cornelius he did not bellieve Mr. Ding- wall was guilty of these charges at all, but that we had been asleep and let Mr. Cornelius do us up.” On cross-examination Attorrey Hut- | ton asked the witness whether Mr. Ma- hnn had taken testimony at some other time and he said he did not know. “Don’t you know that the whole of that testimony was delivered to Mr. Mahen?” asked Hutton. “I don't,” replied the witness. understand it was not.” The attorneys then case on briefs. —_———— Reduced rates on household goods to & from the East & South. Bekin's, 11 Montgomery st. * — e e—————— PHILADELPHIA, Dec. 22.—Charles D. Fenstemacher, aged 48, who was yesterday convicted of using the mails !to defraud, to-day committed suicide o submitted the cell. DECEMBER 23, 1903. TRIES TO KiLL MAN HE WRONGS g Frank Monaghan Makes Unsue- cessful Attempts to Murder Walter B. Kelly and Mother —_——— LOVES VICTIM'S SPOL’SE‘ Turns the Revolver Upon Him- self and Fires Two Bullets ‘at His Heart, but Will Live’ Frank Monaghan, a lineman employ- ed by the Pacific States Telephone and Telegraph Company, made an unsuc- cessful attempt to kill Walter B. Kelly, a stock cutter street. on Monday night and followed it up by an attempt yesterday morn- ing uvon the life of Kelly's mother, Mrs. Nellie Kelly, who lives with her son. .The only reason assigned for the murdercus designs of Monaghan is his illicit love for Kelly's yourfg wife. Aft- er his attempt upon Kelly's mother he walked across the street and, open- ing his vest, fired two shots at his heart, but, the physicians say, neither will prove fatal. Shortly after 7 o’clock Monday night Monaghan rang the bell at the Kelly home, and when Kelly opened the door Monaghan fired a shot at him, the bul- let piercing Kelly's clothing and caus- ing a slight wound on hW right_shoul- der. Monaghan ran away as soor as he fired the shot. When Kelly removed | his clothing the bullet, one of 22 cali- ber, fell to *the floor. He was taken to the Central Emergency Hospital. where the wound was attended to, and | he’ went home. TRIES TO SHOOT WOMAN. About 9 o'clock yesterday morning Monaghan again called at ihe Kelly home. Mrs. Nellie Kelly and her daughter were looking out of the win- | dow and saw him. Mrs. Nellie Kelly had the idea of dragging him. into the house and locking hiin in till she sent for the police and when she opened the | door she grabbed hold of Monaghan's | shoulders. Divining her intention, | Monaghan drew back and pulling a re- volver out of his pocket pointed it at | Mrs. Kelly, but the hammer snapped | and before he could again pull the trig- ger she closed and bolted the door. She was so unnerved that she fell in a heap in the hallway. Monaghan walked across the street | and after gazing up at the windows | of the Kelly residence he opened his vest and fired two shots at his heart. He fell to the sidewalk. The police | were notified and Monaghan was sent | to the Central Emergency Hospital: It was found that both bullets had en- tered Monaghan's left chest, but missed the vital organs. SWEARS OUT WARRANT. Later Kelly, accompanied by his mother and wife, callea at the Hall of Justice and swore to a complaint be- fore Police Judge Mogan charging Monaghan with an assault to commit murder. The warrant was served upon Mo-~ghan at the haspital. Mrs. Nellie Kelly placed the { blame upon her daughter-in-law. “My | son,” she said, “has been married just | one year, and during that time his wife | has left him three times and has gone with this man Monaghan. My son is infatuated with her and has always taken her back. He is as good a boy | as ever breathed the breath of life and | I cannot understand what his wife | means by leaving him. She claims that Monaghan is a far away relation of her mother. but I don’t believe her. I‘ suppose Monaghan got mad because | she concluded to return to her husband | again and leave him. I have not yet| got over the fright he gave me when | he tried to shoot me.” g ——————— Buyers of Christmas Presents Should visit Andrews’ Diamond Palace, 221 Montgomery st. under Russ House, | and see large stock of diamonds, watches | & jewelry at lowest prices. Open evgs. * —_——— Records Big Mortgages. Mortgages were recorded yesterday in favor of the Hibernia Bank cover- | ing the loan of $100,000 to the Italian- Swiss Colony on real estate at the cor- ner of Greenwich and Sansome streets and $60,000 to the Haslett Warehouse Company on property on Spear street, near Folsom, and at the corner of San- some and Filbert streets. whole | ADVERTISEMENTS. Double Green | Trading - Stamps -~ TO-DAY 0’CLOCK UNTIL 12 living at 844 Fnlsnmi . | Court Commissioner Heacock and the | District Attorney’s office, and the flood | | of alleged native born ADVERTISEMENTS. Holiday Goods A Most Complete Stock The attention of our customers 1s called to oup large and complete stock of Novelty and Staple Goods, specially imported of which will be offered at for the hollday trade, all the very lowest priges, Ladies’ and: Gents' Initialed Handkerchiefs in 1inen and linen cambric. Ladies' Lace Collars, -Fancy Neckwear, Liberty Ruffs and Real Lace Handkerchiefs. Ladies’ Hand Embrpid \ scalloped and hemstitched Gents’ Stk Initialed flers, Reefers, Scarfs and ered Linen Handkerchiefs, Handkerchiefs, Stlk Mut- Novelty Neckwear. ¢ Lladies' Fur Scarfs, Feather Boas, Chain Puhes, Fancy. Belts and Novelty O Ladies' Fine Hoslery pera Bags. and Underwear in Silk, Wool, Merino and Cashmere. Gents' Silk Cashmere and Merino Underwear and Half Hose. Ladies’ and Gents' S{lk Umbrellas, with Pearl, Ivory, Silver, Horn and N atural Wood Handles. Ladies’ ani Gents' best makes Kid Gloves, in- cluding Reynier and Dent Brands. STORE OPEN EVENINGS UNTIL CHRISTMAS. Our glove orders make very acceptable Christmas Gifts and are recefved in all departments for ang other goois. °l’°l47 992" %o 114, 118, 115, 117, 119, 121 POST STREEL. HABEAS CORPUS GATE 1§ SHUT o O i Another Federal Judge Hands | Dowh an Opinion Adverse to Chinese Seeking Admission e United States District Attorney Mar- sha]l B. Woodworth received yester- day the full text of an opinion re- | cently handed down by United States District Judge Roy of the district of New York, which coincides with the opinion formerly handed down by United States District Judge Wheeler of Vermont to the effect that in cases where a Chinese person ap- plies for admission to the United States on the representation that he is a native thereof and after a hear- ing by the Chinese Bureau is denied a landing, he is debarred from ap- pealing to the Federal courts on hab- eas corpus, and may appeal only to the Secretary of the Department of Commierce and sLabor. The learned Judges, in t ions, say that the action of the imm gration authorities and of the Secre- | tary of the Department of Commerce | and Labor in such cases is final and | cannot be reviewed by the Federal | gourts, Mr. Woodworth has instructed As-| sistant United States District Attor- | neys Benjamin L. McKinley and Dun- can E. McKinlay to file demurrers in all the habeas corpus cases of Chinese | now pending in the United States | District Court, basing .the demurrers | upon the opinions referred to. Should I Judge de Haven sustain the demur- | rers, a vast quantity of business will | be taken away from United States | citizens of Chinese origin will be effectually | dammed all over the United States. e Chinese Woman Deported. An order of deportation was made yesterday By United States District Judge de Haven in the case of Jeung Lin Hung, a Chirfese woman, captured in the Federal raid of May, 1901, and charged - with being illégally in the United States. —_——— > Tool Thief Sentenced. John Emerson, who pleaded guilty in Judge Dunne’s court to a charge of burglary, was sentenced yésterday to serve two and a half years in San Quentin,” Emerson is known as a tool thief and on September 7 he stole a lat of earpenter’s tools from a building on Sacramento street, between Montgom- ery and Sansome. Pl . northern | eir opin- New Year's Not a Fast Day. WASHINGTON, Dec. 22.—The apos- | tolic delegation has received word from | Rome that the Pope has granted dis- pensation from abstinence on Ne Year’'s day, which falls on Friday this year. The delegation has sent out cir- | cular letsers to all the Bishops, notify- | ing them of this fact. Free! Free! Candies Bonbons Chocolates Given Away Eree WITH OUR Teas, Coffees, Spices Baking Powder ALSO Everything that’s Beautiful in Fancy | China, Crockery, Glass- ware, Ornaments, | Dolls & Novelties , Come See Them You Will Be Charmed WITH OUR EXTRA Liberal Premiums Great American Importing Tea Co. 1819 Devisadero 861 Market. ° 1419 Polk. i 3006 Sixteenth 210 Grant av. 705 Lari 140 Sixth. 475 Halg! 521 Montg'y ave 355 Hayes. 251 Mission. 3285 Mission. 146 Ninth. 52 Market. 366 Third. 2008 Fillmore. 2732 24th. 469 Fourth, P ———— undsirom Hats Please the eye and Dlease purse. They're etylish in sha good in quality and reasonable price. They're —California mas and they're union made-and hon estly made, too. We'd lke to have you wear a “Lundstrom’ hat and see if it isn't a aim for it They're not *che hats, but they're GOOD hats * reasonably priced. $2 50 and $3.50. Wise by Buying a “Lund- strom Hat.' Pacific Coast Hat Works “The Big. Busy Hat Shop,” 1458 Market Street, . Directly opp. Central Theater, and 605 Kearny Street. A Christmas Suggestion: A Hat rder. L ALWAYS RELIABLE Some very swell wedding invitations come from Knowles, 24 Second street. Main 598. Articles Stolen From Barge. J. J. Moule of San Jose reported to the police yesterday that a valise and contents, a coil of rope, a rain coat and a black sack coat had been stolen from a barge in the China basin. The value of the articles is about $50. ————— ADAMS' 1Irish Moss Cough Balsam helps from the first dose, cures in a day. 25c, 50c. * PIANOS FROM Curtaz 16, O rAnRE,., ST