The San Francisco Call. Newspaper, April 16, 1904, Page 5

THE SAN FRANCISCO CALL, SATURDAY, APRIL 16, 190a. MATURES PLAN |REPEAT STORY OF WIDE SCOPE| OF POISONING Manager A.R.Briggs Evolges| Witnesses Testify at the New Scheme for Dissemi-' Preliminary Examination Y About State, of Mrs. Cordelia Botkin nating Faets INSTRUCTS MIDDLE WEST | DEMANDS NEWSI'BPEA\'AS‘; rade Tnaugurates System to Insure Aceurate Information Miilions Attorney Clark Makes Sur- prising Statement That He Requires Their Evidence | | —_—— | | | 1o f Trade uch with The preliminary examination of Mrs. Cordelia Botkin on the charge of mur- dering Mrs. Ida Henrletta Deane by sending Mre. Dunning, her sister, & box of poisoned candy to Dover, Del, in August, 1898, was continued before Po- lice Judge Conlan yesterday, but noth- ing sensational developed. The defend- | ant was alert vesterday. She had on the table before her a transcript of the testimony taken at her recent trial before a jury in Judge Cook's court, portance le West of of readers exact nla. Mar isfied that w know rea Hundreds have already received their first Iment of California facts, certified | and she followed closely the testimony | «1 cap appreciate the hereditary in- to by the California State Board of ©Of the witnesses yesterday and severallgynct that prompted ,yqu, Robert Ac letter has been sent times prompted her attorney. | Burns, to ‘lift’ the mutton,” said his Tr?d;‘ When the case was called Attorney ¥ Reese Clark surprised the District At torney and the Judge by saying: * want subpenas for the three witnesses examined yesterday—Miss Lizzie L. Kemp, Miss Josephine Bateman and Harry C. Pennington. I will require them for the defense.” “That's your own business,” quietly replied the Judge, who ordered the Dis- trict Attorney to call the next witne: Thr terday—Miss Lefla Deane, daughter of Mrs. Deane; Miss Ethel J. Millington and Dr. L. H. Bishop. Miss Deane ate one of the candies and was sick, Miss Millington had a similar experience and Dr. Bishop was called in to attend the members of the Pennington house- hold when the poison began to take Manager Briggs in which are ments from the t N. P. Chip- owing ex- en forwarded maen tc planato to the offi the M PURPOSE IS EXPLAINED. alifornia 1 was aade, and he had missed sev- al important points favorable to the defe: d He could not recall them for fu cross-examination, and he had no er recourse but to subpena em. He declared he was acting in h and meant to subpena every witness District Judge could recall witnesses for further cross-examination and could then ex- Attorney Byington said the them from attendance. If the Delaware witnesses were compelled to stay here till the conclusion of the pre- liminary hearing it would be expensive to the people Mrs. Botkin will appear in Judge Cook’s court this morning to be formal- Iy sentenced to imprisonment for life for the murder of Mrs. Dunning. Her attorneys will make a motion for a new trial, which may delay the pronouncing of the sentence. B ——— The new Observatory is at Fulton and ff at Stanyan, and n, COURT DENIE OF THE PETITIONS HIBERNIA BANK Holds That Corporations Other Than Trust Companies Cannot Admin- ister on Estates. Judge Coffey decided yesterday that corporations, except those acting un- der the statute providing for trust companies, cannot act as administra- tors of estat and refused to grant the petition of the Hibernia Bank for Jetters of administration upon the es- 1903 was | tate of Caroline Robinson. He de- o of the Californts | €ided that such corporations cannot | 'forni® | nominate an administrator, and re- days in Sa~ | fyged to grant the bank’s request (ol‘ appoint Public Administrator M. J.| Hynes. Both petitions were filed to ferestall the efforts of Charles Robin- son to secure the appointment of ad- | ministrator. The bank will now op- | pose Robinson’s apointment on the ground that he is unworthy. | The Robinson estate is the cause of | the trouble that led to the filing by | Attorney George D. Collins of charges | against Judge Kerrigan of the Supe- | rior Court and the commencement of | disbarment procedings against Col- lins by the Hibernia Bank. C. W. Pur- | rington, former administrator of the estate, was removed by Judge Coffey | on complaint of the bank for “grave | neglect” of his duties. —_————————— HOLD EXERCISES AT THE FRANKLIN SCHOOL § SPITEFUL.—Theo- sued David Wagner for licious prosecution. He ember on a warrant in which he was was the result of was dismissed by Police DR. PIERCE’S REMEDIES. Pupils and Teachers Celebrate the Decoration of the Assembly Hall by the California Club. Exercises were held yesterday in the Franklin Grammar School in con- | nection with the inspection of the as- sembly hall, which the California Club has decorated. Principal R. D. Faulk- | ner welcomed the guests and a pro- gramme of speeches and music was rendered. There was singing by the pupils of the seventh and eighth grades, led by Miss Bertha Roberts. Mme. Emilia | Tojetti of the California Club sang | charmingly, accompanied by Miss | Grace Williams. Addresses were delivered by Mrs. George Law Smith, president of the California Club; Alfred Roncovieri, | president of the Board of Education; A. B. McCurda, Deputy Superintendent | of Schools, and Mrs. J. W. Orr, chair- man of the educational department of | the California Club. Tea was served | by Miss Rose de Yoe. —_—— To Conclude Engagement. | Mrs. Fiske will conclude her en- | gagement at the Grand Opera-house | | to-night, when an attractive pro- gramme, containing selections from | | the chief successes in her repertoire, 1 will be introduced. She will present | | the second act of “Hedda Gabler,” | the second act of “Divorcons,” the | first act of “A Doll's House” and the ‘lhrflllng fourth act of “Tess of the | @Urbervilles,” in which as Tess she | created such a sensation during her |last visit to this city. At to-day's ! matinee Mrs. Fiske will appear in “A 'Doll'l House” and “A Bit of Old i Chelsea.” i | were emerging when caugnt by a vig- | mariners pleaded that they were in- itnesses were examined yes-| effect. Their testimony was the same 3 as at the Dunning trial. The case will| W. J. Cameron, of shrewd eye and iatesll SniNEboRRy Sning military mien, recounted some of his Attorney Clark, explaining his (‘hjnrl‘(xplnlls as a volunteer in the Boer in subpenaing the witne said he | army during the late unpleafamness had been nlace a disadvantage in|in the Transvaal, and Judge Cabaniss cross-examining them owing to the | listened attentively to the recital, which jumbl r in which the tran-| Was incidental to Mr. Cameron’s de- script of the testimony at the Dunning | ferse on charges of carrying concealed to Park. Take McAllis- | all right,” was Mary's answer. | upon the head by an unseen robber at JUDGE MOGAN FINDS EXCUSE FOR A LARCENIST OF SHEEP | Hereditary Instinct Ascribed as Partly Responsible for the Felonious Act of Robert Burns, Whose Ancestors Probably Lifted Mutton From the Hills of the Border U DG R | Sheep stealing is such an innovation in San Francisco's criminal happen- ings that Judge Mogan glared incred- ulously at Clerk Gray when that func- tionary announced it as the charge | against Robert Burns and Frank Stack. But the prosecuting testimony proved conclusively that at an early hour yes- terday morning the defendants, who are men of the sea, did felonicusly carry away two defunct bleaters from the meat market of Mr. Shenson, 955% Folsom street, and deposit the same in an adjacent hallway, whence they ilant patrolman. In defense the two toxicated and did not know what they had done while in that condition until they recovered their senses and found themselves in prison. The policeman |also said they were drunk when he took them in. | Honor, who is'a voracious reader of | Crockett and Stevenson, “for in your | veins courses the blood that in the lang syne ran red In the clans of Burns, famed for its raids upon the fleeced flocks that ranged the border | hills. The illustrious poet whose name you bear has sung of those brave ex- ploits. May I ask if you are a direct descendant of that immortal bard?” “I dinna ken,” replied Defendagt Burns, who looked as sheepish as the carcasses he had purloined. “Aweel, aweel,” sighed the court, “I hardly ken what tae dae wuth ye an’ Meesther Stairk till 1 find oot some- thin' mair aboot the pair o' ye, sae I'll e'en continny the case till the mor- row’s morn.” weapons and threatening to slay. “In three months I killed many hun- dred bloody Saxons,” he stated with due modesty. ) “And that was going some,” com- mented the court, admiringly 5 “Well,” said Mr. Cameron, “I didn’t go to South Africa for fun.” Two policemen testified that one evening not long ago they were called upon by mneighbors of Mr. Cameron, who resides way out Point Lobos ave- nue, with a request that he be re- strained from shattering the peace of the neighberhood. When they ap- proached the dwelling of the offender, which is on the side of a steep hill, he ascertained they had no warrant, and then bade them begone and fired three shots. They retired to devise legal ways and means of storming the domiciliary fortress, but when they at last scaled the heights the defender of the garrison had fled. He came down- town the next morning and surren- dered himself into custody, and in court vesterday he denied having aimed at the invaders and proved that when the shots were fired they were at least seventy-five yards from his house. So that charge was dismissed. Then an inn-keeper named M. Mars- ton took the stand ard complained that on a separate occasion the same de- fendant had presented a pistol at his body and threatened to shoot him be- cause he (th€ witness) had expostu- lated against the rough manner in which the defendant rode a horse at him. To this charge Mr. Cameron pleaded that he had simply “bluffed” Mr. Marston by pulling from his pock- et a monkey-wrench in a menacing way, because he thought Mr. Marston intended to assault him. Mr. Marston smiled ironically at this defense, and said to the defendant, ‘Cameron, you are a good man with a durned bad temper, and you know you are.” “And you,” retorted Mr. Cameron, “would be a better man if you didn't drink so much of your stock-in-trade.” Mr. Marston’s quickly framed retort was never uttered, for the Judge ab- ruptly dismissed that case, also. . s Ellen Kelly, an aged vagrant, defl- antly informed Judge Fritz that she would not go to the almshouse, as she had money enough to purchase for herself all the comforts of a sanitar- jum, but she preferred keeping the cash to spending it for luxuries. “How would three months in the County Jail suit your idea of econ- omy?” was the court’s considerate query. “Oh, I guess I could get along there She is there, . “Edward Selzer, M. D.,” he was reg- istered on the 4dacket, and he looked the part as he stood before Judge Mo- gan and heard himself accused of vag- rancy by a policeman who found him intoxicated and helpless at Clay and Kearny streets. His vandyke beard was a black-gray effect, and his coat was the conventional somber frock of the medicine man. “What’s your defense, quired the Judge. “Ten days ago,” began the defend- ant, in the slow, measured tone that suggests pulse-counting, “I was struck T doctor?” in- Fourth and Brannan streets, and since then I have been subject to intermit- ten attacks of torpor.” “I think about ten days in a quiet cell, with no liquer obtainable, would restore you to old-time immunity from brain inertia,” quoth the Judge; “the clerk will write out the prescription.” “I hope you don't insinuate that I was drunk?” said the defendant, inter- rogatively. “To the tanks, doc, to the tnnks,"l was the judicial rejoinder. S ETHE™ “Another butter-in,’ remarked Judge Cabaniss = reflectively as Thomas Thompson recounted how he was en- gaged in argument with a colored lady in a Barbary Coast saloon, when Edward Parker interfered and smote him on the head with brass knuckles, inflicting four deep incisions. Mr. Thompson said he was mildly reprov- ing the dusky siren for having plainly hinted that he was of canine ancestry, when Parker “biffed’ him from be- hind. “Butting-in is at the bottom of most of the troubles that are ventilated in this court,” said the Judge, “and I wish it ‘were a punishable offense. But the use of brass knuckles is, for- tunately, prohibited by law, and next | Wednesday I'll inquire more fully into | this case against Mr. Parker.” ! » el e Dime novel reading was at the bot- | tom of" 17-year-old George Druskin's | act in equipping himself with a re- | volver, a “blackfack” and a false | mustache and dogging the footsteps | of E. Nelson of 41812 Fulton street until his suspicious behavior attracted | the attention of Patrolman T. J.! Ward, who arrested him. The boy ! told Judge Mogan yesterday that he | had an insatiable appetite for yellow | HIS MARRTAGE Alleges That Woman Who Is Suing Him for Divorce for Cruelty Is Not His Wife MRS. CORWIN, WINS SUIT |Judge Graham Makes Order Direeting Her Husband to Pay Her Monthly Alimeny Clarence Kling, who is being sued for | divorce by Della Kling on the ground of cruelty, filed an answer yesterday, in which he denles all her charges and avers that the plaintiff was never mar- ried to him at Grand Rapids, Mich,, in 1900, or at any other time or place. He says they simply lived together. Harry Emerson Corwin, defendant in literature, and his father, a business ! a suit for maintenance brought by his man of San Jose, vouched for his in- | wife, Josephine Corwin, has been or- herent honesty. There was no gain- | dered to pay her $20 a month. He must saying the charge of carrying con- cealed weapons, however, and for it he will be sentenced to-day. « s » An 18-year-old offender, named Jacob Philer, was sentenced to sixty days’ imprisonment by Judge Fritz, and it was the defendant’s mother that pressed the charge of vagrancy. He had stolen about $100 from her, but she declined to prosecute him for felony and at her request he was booked as a vagrant and punished as stated. . J. B. Schooner was manipulating the grip of a McAllister-street car when his progress to the .ferry was .ob- structed at the intersection of Sutter and Market streets by a two-horse team managed by Arthur Kernan. After the exchange of ocmpliments that is usual in such cases, the grip- man abandoned his post and met the teamster on the pavement, where they engaged In fisticuffs when a policeman arrested them. As it was proved by the testimony of passengers on the car that Schooner was the aggressor from start to finish, his case was continued till to-day, while Kernan was charged from custody. P Patrolman J. P. Maloney made his second sprifig collection of vagrants on the water front night before last and the result was ten lusty hoboes before Judge Fritz yesterday morning. They were given twenty-four hours’ apiece ahd advised to hie them to the country when they are again at liberty to tramp. L s ok, Bill-posting on tlegraph poles was the charge against Yung Him, and the prosecution proved his guilt. The bills consisted of yellow sheets covered with black hieroglyphics, and the Chinese interpreter stated that they notified debtors in the Celestial quarter that now is the time to settle up, as the an- | nual exodus to the Alaska canneries | soon be on and the merchants need all the money they can get to lay in outfitting supplies. Judge Mogan fined Yung Him $5. s e e Miss Elise McEwen of 1935 Jackson street, whose automobile knocked down dais- | 80 pay her $30 to pay her attorneys. George Beck was given a little | fatherly advice by Judge Graham. Beck | was present to explain why he should | not be punished for contempt for fail- ing to comply with a court order di- | recting him to pay alimony. He sald he | could not make payments because his | little daughter was taking music les- i sons at his expense. He said he would do the best he could, however, after | Judge Graham had told him what his { duty was, and also promised to pur- | chase a piano for his little girl. | "Judge Murasky has overruled Wil- | liam Gillingham’s demurrer to Rose Gillingham's suit for divorce. He must | answer her complaint within ten days. Mrs. Gillingham says she is a divine healer. | The marriage of Cynthia Reymolds 'to Stephen W. Reynolds was annulled by Judge Kerrigan yesterday on com- ‘plaint of Mrs. Reynolds, she having shown that wheh she married Reynolds in Stockton in 1895 she had a husband living in the person of C. L. Gillett. She married Reynolds while under the impression that Gillett was dead, and only recently learned of her mistake. James Fisher must pay Maria Fisher $20 a month pending the termination of her suit for divorce. The order direct- ing him to do so was made by Judge Kerrigan. Suits for divorce were filed by Nellie McDonald against Albert E. McDonald for neglect, intemperance and cruelty; Alice E. Rainey against Clarence E. Rainey for desertion, Maximillian Ro- bles against Agripina Robles for deser- tion, Jennie A. Gayetty against Edward | P. Gayetty for neglect, C. F. Weldon ! against Victoria Weldon for desertion and Bessie Vivian James against M. Bertram James for desertion. Mrs. + James, who became a wife a year ago, alleges that her husband for no cause whatever abandoned her fifteen days after their marriage. s Op S A | ‘Want Fences Removed. | al | = Property-owners on Beacon street ! petitioned the Supervisors yesterday 'to cause the removal of fences lately | bullt across and now obstructing Bea- ‘con street, at Castro and Diamond. ‘The petition states that the fences cut off access to Diamond street and pre- and injured a child on Market street,' vent residents on Beacon and other assured Judge Cabaniss that she is!streets from obtaining water from the willing to do anything that might pro- | Spring Valley Company's main on Dia- mote the comfort of the little one, and that the accident conveyed to her much E distress of mind. The case will be heard next Wednesday. . . John T. Kelly was an able sea.man! and Thomas Barton (colored) the cook ! aboard the good ship Argyle during one was paid off John and Thomas parted | in rr\:‘ndsmp. Before his Honor Judge ' 2 Mogah yesterday, however, John was accused by Thomas of petty larceny. The colored man stated that night be- fore last he met some of his former | shipmates, who had just returned from | Central America, and while acting as| their cicerone at Third and Minna streets he was boisterously hailed by Kelly, who demanded that he be sup-| plied with 25 cents. The complainant | declined to furnish the money, and| Kelly then struck him on the jaw and | forcibly took from him the sum men- | tioned. i “Don’t you believe all that this coon | tells you, Judge,” said Kelly to the; court. “I know him better'n you do. He was sassy and showin' off he{ure; hig friends when I hit him, but that yarn about the 25 cents is all rot.” The policeman that arrested Kelly | stated that“a careful *Search of the prisoner immediately after he wasf taken into custody resulted in the dis- covery of only two dimes. Then the | Judge took the case under advisement. | & U | B. J. Brun could not prove that his $100 St. Bernard dog was stolen by S. | Barnett, and Judge Fritz dismissed the | larceny charge and informed Mr. Brun | that his only legal means of recover- ing possession of the animal is by civil action. The dog had been missing for seven months, when Mr. Brun, who is one of the proprietors of the Poodle Dog restaurant, found a canine he believes to be it among the exhibits at the bench show in the Mechanics’ Pavilion, where it had been entered by S. Bar- nett of the College Kennels. Mr. Bar- nett declared that it was a case of mistaken identity on Mr. Brun's part, but Mr. Brun declared that the dog recognized him the moment it saw him. To which Mr. Barnett retorted that the dog is of such genial temperament that it has a tail-wag for any cne who speaks kindly to it. . A live gooese is the bone of conten- tion between Steve Burke and Tim Foley. The last named charges Steve with having stolen the bird from the Foley poultry reserves at Twentieth street and Railroad avenue. A war- rant is out for Steve Roach, who is alleged to have been with the other Steve when the goose was purloined at 6:30 o’clock Thursday evening. Policeman Callahan told the straight of the story to Judge Cabaniss. He said that while he was patrolling his lonely beat Tim Foley rushed up and, pointing to two men, breathlessly in- formed him that they had just taken without his permission a goose that he treasured more highly than its age and appearance would Indicate, be- cause it was a household pet. Acting promptly upon the information, the of- mond street. — e A Pleasant Day Trip. These are pleasant days for short trip to Sausalito, Mill Valley (the miniature Switzer- land), Ross Valley and San Rafael, the most charming suburban districts around the bay. Sausalito Ferry, foot of Market street, con- necting with third-rail electric system, departs 8:00, 9:00, 10:00, 11:00 a. m. 4:15, 5:105s_6:15, . 8 D. m. Meais on boat. Fare, round trip. Mount Tamalpais, grand v, overland and water, $1 0. Call ticket office, 626 Market street, for copy of hort Scenie Trips.” » + ficer made a dagh for the suspects and succeeded in nabbing Steve Burke, un- derneath whose coat le found the gag- ged and manacled bird. The other man ran away, but was recognized as Steve Roach, and his capture i~ only a mat- ter of brief time. The case was continued until the two Steves can be jointly arraigned. The goose is again with the Foley family, and will be produced iu court if its presence there should be deemed essen- tial to the conviction and punishment of its abductors. KLING DENIES |MINISTERS WAR ON CITY EVILS Lively Crusade Is Begun by the Presbyterian Clergy- men in Oregon Metropolis SERTOUS CHARGES MADE Meetings - Are to Be Held and the Discussion.of the Campaign Plans Begins ! PORTLAND, Ore., April 15.—Meet- ings were held in the Presbyterian churches of this city last night for the purpose of inaugurating a campaign to purge the city of the vice which ' the workers in the cause assert is: rampant. The principal subject under discus- sion was the immorality existing among boys and girls of tender years. Witnesses, including special officers, told of degrading sights seen on the streets and in glaces of ill repute in- volving the sons and daughters of re- spected parents. Gambling and other features of the vice of the city were taken up and discussed and the ad- ministration of the city was severely condemned for its alleged laxity in the enforcement of the laws of the municipality. Meetings will be held on Thursday evening next for the purpose of fur- ther discussing the question and res- olutions expressing the feeling of the people in the matter will be presented to the various congregations for adop- tion. Fifteen Presbyterfan churches held meetings last night, 3000 people attending. —————— DEWEY BOULEVARD IS EXPUNGED FROM MAP | Judiciary Committee Recommends Re- enactment of Ordinance Regulat- ing Right of Way of Vehicles. The Supervisors’ Judiciary Commit- tee yesterday granted the petition of the executors of the Sutro estate that Dewey boulevard be excluded from the official map. The land for the boule- | vard was donated on condition that it | be improved, but the city failed to carry out the agreement. The land will now be assessed to the Sutro | estate. 3 The committee again heard the pe- | tition of Bush Bros. that the city con- | sent to a digmissal of the suit whereby they were ordered to remove a stair- | case projecting eighteen inches on the sidewalk in front of the premises at Eddy and Franklin streets. The com- | mittee decided to hold an executive session on April 29, when action will be taken on the petition. The committee granted the petition of Maude Treadwell McNutt as suc- | cessor in interest to James P. Tread- | well for a city deed to certain outside lands. Litigation over the land has | been in process for many years, but | the Supreme Court finally decided in | Mrs. McNutt's favor. Maxwell McNutt | informed the committee that all the papers in the case had m¥steriously disappeared, although the judgment was on record. The claim of Mrs. Henney for the death of her daughter was’ denied for want of jurisdiction. The ordinance regulating the right of way of vehicles was ordered to be re-enacted to comply with the charter. | No one appeared to protest against the ordinance. S R “Be it ever so humble, there is no place like home,” and the home can be furnished with pretty and artistically framed pictures at a very moderate price by calling on Sanborn, Vail & Co., 741 | Market st, € —————— Howls During the Night. i William A. Small imagines some one is trving to kill him and his howls during the night keep the inmates of the City Prison awake. He says he is becoming crazy and his talk is irra- tional. He is awaiting his preliminary hearing on three felony charges and will appear in Police Judge Fritz's court this morning, when he may be sent to the Insanity Commissioners. Miss Josie Sinkie, 912 McAllister street, one of the complaining wit- nesses against him, secured a search warrant from Judge Fritz vesterday to | obtain possession ol a trunk and its contents, which she alleges are de- tained by Mrs. Small at 117} Oak ADVERTISEMENTS. T EST. in the case of women). = For pains in the n‘:r thelmnyl.orbfn eak Back, the plaster ied as shown above. ver there is pain apply Allcock's Plaster. of be | elsewhere. Stiffness Achl; to abov COC ' POROUS PILASTERS Are a universal remedy for Pains in the Back (so frequent They give instantancous relief. Wherever there is a pain apply a Plaster. - DIRECTIONS FOR USE Feet, cut_plaster :ln;fi m{:‘ required ::d‘ 1847. K's etc., and for Rheumatism, Colds, Coughs Weak Chest, Weak Back _Lumbago, Sciatica, &c., &c., Rt:.d hflll.—'fl{lz::k‘u Plasters are the original and genuine porous. ave never equalled absolutely as they do not ) hi.fl'.d. as pain-curers. orn'y““ | g8an with the firs | in any way that you | you there. 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