The San Francisco Call. Newspaper, July 12, 1904, Page 16

16 UNDERTAKERS STILL AT WAR William Hagan Declares His | Brothers Are Trying to| — 7" "7 = Have Contract Rescinded l ROW OVER PAUPER DEAD ek EPPINGER One Owner of Sunset Lots Says Force Will Be Used to Stop Burials There - There is still trouble between tha | Magans, but William has not been ar- | for placing the pauper dead in | belonging to his brothers, and Joseph, in San Mateo Coun- Villiam says his two brothers are : to have his contract rescinded Board of Supervisors of San because they want the con- lves. The two brothers, Joseph, deny that they indigent dead of San $5 50 per corpse, but they at their brother William , Kelley, shall not de- bodies In their rested the ht James Hagan said his brother Willilam and er, Kelley, arrested the Monday morning, but he make good his threat. He reason that the lawyer with to consult did hot come at the time agreed upon. | ns at 9 o'clock the matter en up and the opinion of ssed as to the rights | | Hagan was busy yesterday | see hin m preparing boxes to receive the dead | boc of the city’s peor. He stopped ! lor ugh in his work to say: i rs are anxious to keep this; | the burial of the poor of San then divide the work. The > have been §10 for each corpse, but ‘we learned of the scheme 5 which is enough o the public through the news- 3 prejudice the minds of the B rvisors of San Mateo County a gsetting the permit T in the ground which 1 latted as Sunny- | | va he fac f the case are that m and David Kelley fixed up | | . put in only one bid to the s F P adu an idergble expense in ace for the care of bodies and Trial Again Delayed, the Defendant, After Lile Session With His Attorneys, Being Unable to Remain in Court. Physician Says Aged Grain Broker Is a Very Sick Min. | THE SAN FRANCISCO CALL, TUESDAY, JULY 12, 1902 CITY EMPLOYE , (M DEATH MAY TERMINATE PROSECUTION bu & poor and v t with the city Ke e money with the hat I buy him out when I c 1 act from the city wyer to Kelley and of- REPR {. WHOSE PHYSICIAN CHARGE OF OBTAIM ATT turn the contract over to,| to do =0 and mow they'| us turned down in San occurred in Another delay pinger trial yesterday, owing to the ill- | the Ep- for the lots we have asked Supervisors to allow us to nd and have had the the title examined. That expenses which we have had | ment of $1000. Yes, part d as attorney fees to get the he San Mateo Supervisors general expenses. The per- rom the Supervisors within and then we can bury in bought ness of the defendant. The prosecu- tion is inclined to the opinion that this illness is only feigned, as the aftacks | | come at most convenient periods for | the defense. From time tq time dur- ing the trial the attorneys for Ep- | pinger have been protesting against | the long hours in the courtroom, argu- ing that they had not sufficient time | to read over the transcripts and pre- pare their case. Meanwhile the prose- | cution was busily engaged in forging | link after link in the chain of evidence | with which it expects to convict the | head of the once prosperous grain firm. Last week, when the note. book of | the firm was introduced in court, a | new line of inquir s opened, which, it was thought, might occupy several days, but, much to the surprise of all, Attorney Campbell, special- presecutor, rested the cast Friday afternoon. ! Yesterday morning Jacob Eppinger, accompanied by his sons, Joe and Mor- ris, appeared in court apparently much the worse for wear. Instead.of occupy- ing his usual seat behind his attorneys he took a place near a window which could be opened for air in case of a serious collapse. After the roll call of the jurors, Attorney Ach stepped up to Judge Lawlor's desk and informed the court that the defendant was very made by the neigh- ng of bodies here, as | donger than the law I the permit is granted for us and we bought and have platted n the lots adjoining. WILL USE FORCE. Hagan is waiting to learn | wyer has to say regarding n firm's use of land be- himself and his brother called at the Health Office y and protested that no per- ould be issued to the mew firm the gro that they had no land in which to inter the dead. Deputy Health Officer Levy said he would is- permits, as the Supervisors ded the contract to Kelley & Hagan, and they claimed they had a place of burial. No other complaints have been received by the Board of Health, hence Levy concluded: that | the trouble was a family one and that he would keep aloof from such a row. | When asked as to the real cause of the complaint James Hagan said: » Hagan, my ther, and his so- will not' be allowed to o | Gallwey, but he was attending a pa- ill and suggested that an adjournment be taken. Judge Lawlor in reply said | that he was averse to a further con- | tinuance and would like the opinion of | Dr. Gallwey as to ths physical condi- tion of the defendant. The jury was | excused and a message sent to Dr. tient in San Mateo and could not re- spond. As it was represented that Ep- | pinger was in a serious econdition Judge Lawlor advised that his own | physician be summoned, making the | proviso that no extended continuance of the case would be granted until a, doctor summoned by the court had | given an opinion. Dr. L. D. Whitney, Eppinger's physi- cian, was called in and after a brief examination said the patient was suf- ! fering from a spasm of the heart which | might at any time prove fatal and it | was dang-rous to keep him longer in| the close air and under the nerve-try- | ing conditions of the courtroom. An! adjournment was accordingly allowed until 10 o'clock this mecrning and the ! aged defendant, supported by his two sons, left the courtroom. Eppinger’s attorneys declare that he is very feeble but that in their anxiety | to finish the trial he stayed np with them until midnight on Sunday aiding | them in preparing the defense. This,f they believe, partially accounts for the collapse of yesterday. g SUPREME INJU pers in our lots, even 1o stop them. We have re now and he will sce to it X is buried in our ground without &n order from us brother William says nch fence between us. nch fence between our nd adjoining. but he has nut & ] He says he is to get a permit from the San Mateo Board of Supervisors. He he Dietrict Attorney of San Mateo County Tmit to bury the Indigent ikco in the lots he says he ic county, but the permit has 3 gronted yet, even if he did pay $25 to COURT HEARS 5 CTION ARGUMENT | ! Application to' Restrain Lake County | Court in Gopeevic Case Is Un- der Advisement. The - Supreme Court listened yes- terday to the argumenys advanced by } Judge James G. Maguire for and by George Wheeler against the issuance | of a permanent imjunction to restrain | M. M. Gopeevic from assuming con- trol of the estate of Harry A. Floyd, his deceased wife. The matter was taken under advisement. : fact that my brother Joe did offer Kelley $500 to turn the business over to him, ¥ have taken William in with him _matter was to be talked over Kelley said $1000 had been used that amount. My brother would pay that amount provided and they Joe maid he the land was all turned over to him, but not otherwise. Keliey was putting up all the money. My brother William did not have any SlE LS BANK BOOK AND ! FORGES COMRADE'S NAME A. R. Bratton, Member of the Coast | Artillery, Arvested While Present- ing Check at Bank. Horace T. Rutherford, who is a| member of the Sixtieth Coast Artillery ! and of a saving disposition, has money | on deposit in the Market-street Bank | at Seventh and Market streets. Last| Friday he missed h's bank book. Yes- | terday when he went to the bank to deposit $10 he explained that his bank ' book had probably been stolen’ undl he was told not to worry, as the thief | plied ‘at-arms to locate | Garter's aid. Garter, however, was un- | able to identify any of the employes in IS UNDER FIRE R. G. Garter Charges Attempt to Influence Him to Use Sidewalk Safety Device ACCUSE D NOT LOCATED o R Ordinance Regulating the Conduet of Dairies Is De- ferred Until Next Monday e e e While the Supervisors’ Finance Com- mittee was investigating vesterday the complaint of J. G. Smythe that the or- dinance requiring safety devices on sidewalk elevators was not being com- with, R. G. Garter, a plumber, employed by the Sharon estate, de- clared that he visited the office of the Roard of Works to secure a cony of the ordinance and that some one whom he | thought was employed by the city (handed him a circular telling of the merits of a device made by the Griffith machine sho». Chairman Brandenstein of the committeq thought the charge a serious one, and directed the sergeant- the employe with the office of the Board of Works as the {one who had recommended the device, and so informed the committee. Should the one accused be discovered it will go hard with him. J. P. Martin, agent of the Sharon es- tate. had been summoned to explain why no safety device had been attached to the sidewalk clevator at 607 Market street, where a man had been seriously {injured. Martin said he had received notice to install the device on June and the accident had occurred while he was preparing to comply with the ordinance. He had let a contract to | some iron works for the attachments. LAW TO BE ENFORCED. “This in a penal ordinance,” said Brandenstein, “and whenever we find that it is being violated we will call the attention of the District Attorney and the Chief of Police to the matter.” The committee directed Inspector i Holman to file a statement of the own- ers who have complied with the or- dinance and those who have not. The vroposed ordinance providing | regulations féF the sanitary conduct of | dairies was deferred one week with the eonsent of the Health Board. A num- ber of dairymen were present to protest against some of the rules as being too | drastic. A resolution was referred to the Fin- ance Committee directing the Tax Col- lector to bring suit against Wells, Far- go & Co. for various delinquent taxes and penalties on personal property in view of the fact that the real estate | | of the company is insufficient in value | | to pay the taxes due. A resolution directing a_ compromise with the San Mateo Railway Company in the suit to recover $3107 99 in taxes and penalties, so the company shall pay 2589 99, was referred to the Finance | Committee. The petition of the Concrete Steel Construction Company that the build- ing ordinance be amended to permit the erection of concrete steel struc- tures was referred to the Fire Com- mittee. The Sheriff was authorized to em- ploy an additional van driver at $75 per month. The Mayor was authorized to lease the premises at 461 and 453 Polk street for a detention station for juvenile offénders. The Mayvor was authorized to lease a lot on Twentieth street, near Mis- souri, as a site for a fire engine house. PETITION DENIED. denied. The vpetition of the San Francisco Railway Company for a franchise to | operate the Geary-street road and a new cross-town line from Bay and Franklin streets to Bryant and Elev- enth streets was referred to the Pub- lic Utilities Committee. The petition of the Police Commis- sioners that an ordinance be passed requiring private detectives to make application and obtain from the Po- lice Commissioners a permit as a con- dition bprecedent to their engaging in busiress was referred to the Police Committee. The Finance Committee bvassed the demands for the payment of the pre- | The petition of J. H. Kruse for per-' | mission to install an engine and boiler | { in a planing mill on Treat avenue was | | quisite individual charm. money. We are going to have a conference in the morning t i&. my brother. our attorney At the time Mrs. Gopeevic died she was receiving the revenue of an es- would be at once recognized if an at- ! miums on the official bonds of the ISS BARRYMORE CHARMS IN DAVIES’ “COUSIN KATE” Bright Comedy Presented With belightful Snap by Young- est and One of the Clevesest Membe of Drew Family. Local Society Indorses N=w York Theater-Goers’ Verdict Out of the theatrical wrack and ruin of last season in New York only a few plays survived. “Cousin Kate,” pre- sented last night at the Columbia for the first time here, was one of them. Small wonder! It.would be difficult to imagine so severely disastrous season as that in which this pretty trifle could not float gayly to success. It is of com- edy the airiest, gay, fanciful and poetic, running lightly through a charming story to a too early ending. Again, it is deliciously acted by Miss Ethel Bll'-' rymore and her associates, and San Francisco—all of its bluebook folk that are atihome, that is—saw fit last night| to indorse New York’'s verdict. And I doubt if patriotism had any-| thing to do with the matter—or re- morse. Both sentiments were very| properly in order. Hubert Henry Da-| vies, author of the comedy, was one of our local prophets that found no honor ' in his ‘own country. Even New York.: would have none of him—until Lm'ldonI persuaded. Now the erstwhile critic of . the News Letter is sending his made-i in-London comedies to his old stamp-: ing ground and conquering with a; “Cousin Kate,” and, like Oliver Twist, | one asks for more. i “Cousin Kate” is for the purposes of ! amusement only. The author poses no problem, . preaches no gospel Cousin Kate is a charming young| woman novelist who falls in love at| first sight with her cousin's fiance. The attraction is mutual. She meets the gentleman on the train that takes her to her cousin’s house for the wed- | ding, and unaware of each other’s identity they recognize themselves as twin souls. It is very sudden, but Mr. Davies makes the contingency suffi- ciently plausible for the purposes of comedy, and is admirably aSsisted therein by the actors. How Cousin Amy, the voung woman who is the original owner of Cousin Kate's affin- ity, is provided for and the happiness of all attained need not be related. It is worth the price to find out. Very wittily, lightly, Mr. Davies has handled his dialogue, and his situations are ‘charmingly unhackneyed. Few pret- tier scenes will be remembered than the one between Cousin Kate and her would-be lover, where they take tea together—still unconscious of each other's identity—and weave nursery stories about the fire in the man's home. 2 Mr. Davis owes much to his inter- preters. It is not easy to imagine him more deeply in debt to any cast than the one Mr. Frohman has given to the play. It is almost [bsenish in size, by the way, Miss Barrymore and a half- dozen others sufficing for the present- ment. As charmingly individual as Maude Adams is the delightful young woman that heads the cast. She is as natural, as archly spontaneous, as quickly humorous, as Maude Adams herseif, and, like all of the Drew fam- ily, John Drew’s niece has “manner’— tons of it. She is beautiful again, in a lean, willowy, ultra-fashionable fash- jon, and i§ vciced deliciously. But that she hardly looks the twenty-nine years that Cousin Kate owns to, Miss Barrymore's portrait is all its author paints it. In her rare girlishness she however fails to suggest sometimes the experienc€d woman of the world that is intended, but in the tenderness, romance, lively humor of the character Miss Barrymore is charmingly con- vincing. She is at all times a picture, and her naive, gracefully awkward bows at the curtain call are alone worth going to see. Altogether, (hls’ youngest member of the Drew family is found an admirably accomplished actress and a young woman of an ex- Miss Barrymore's support is of the best. As the lover Bruce McCrea is picturesquely and emoticnally satisfy- ing. He has the impulsive accent that makes his “chuting” into love emi- nently plausible and a virile, romantic note that fills in the rest of the char- acter with entife conviction. His brogue is most ingratiating. Cousin Amy is made a dainty and priggish little perscn, a mouthpjece of other people’s opinions, with careful .stupid- ity, by Beatrice Agnew. The concep- tion could not be bettered. Grant Stewart as the curate who takes charge of the family comscience is excellent and Fanny Addison Pitt is drolly clever as the weak little motner of Amy. There is a small son of somebody who should not be forgotten, Augustin D, Wilks. “Gus” is all right. He as- sumes the role of Amy's schoolboy |to the occasion in the while George Webster, as a tramp printer with a heap of useful knowl- edge; Julia Blane, as the proprietor of a village boarding house, and Edna Ellsmere, in a fine ingenue role, com- pleted an excellent cast. A crowded house showed that it enjoyed the play. Alcazar. ‘White Whittlesey, assisted by the Alcazar stock company, gave last night a highly creditable production of ‘“‘Hearstease.” Whittlesey’s interpre- tation of the role of Eric Temple was both intelligent and painstaking and in his conscientious work throughout the performance he showed himself the clever actor that he is. He read his lines with consummate skill and rose impassioned Scenes with which the play abounds. John B. Maher was well cast as Cap- tain Jack O'Hara and contributed to the comedy of the play with his usual ability. The return of Miss Oza Waldrop in the part of Alice Temple was the signal for much applause, showing the appreciation in which the little actress is held. Nor was that appreciation misplaced, for she played with a rare grace that is all her own. Harry D. Byers was eminently satis- factory as Lord Neville, who is a king- pin of irascibility, although he amiably helps to set things right in the last act. Miss Marie Rawson was not happy in the character of Miss Neville, albeit she may improve. Adele Belgard was admirable as Lady Neville and Luke Conness was himself as Sir Geoffrey. Howard Scott gave a delightful imper- sonation of Peter Padbury and again demonstrated his versatile talent in acting well any part that is assigned to him. Richard Vivian and Marie Howe were all that could be. desired in small parts, Curtain calls were frequent and ‘Whittlesey's charming little speech was not the least entertaining part of the production. Chutes. Belle Gordon, a comely young woman, astounded both audiences at the Chutes yesterday with her exhibi- | tions of bag punching. She manipulat- ed all the way from one to five bags at once and with the greatest ease. Brandow and Wiley, the clever colored couple who made such a hit here a short time ago, returned and duplicat- ed their former success. Carl Reiter, the original monologist, told a lot of new stories and Lotta and Belle Tobin, instrumentalists, continued their pleas- ing act. The three sisters Kelce singers and dancers, Hershal Stein, the barytone song illustrator, and the ani- matoscope, showing the latest novel- tiee in moving pictures, completed a capital programme. The amateurs will appear on Thursday night. — PERSONAL. F. Homer, a mining man of Nome, is at the Lick. Rev. J. F. Quinn of Sacramento is at the St. Francis. ‘W. H. Holabird, a lumberman of Los Angeles, is at the Palace. Congressman J.-C. Needham of Mo- desto is stopping at the Palace. William Bayley, a mining man Los Angeles, is at the St. Francis. Walter Maxwell, the well-known capitalist of Los Angeles, is at the Pal- ace. of Geological Survey is registered at the Palace. = Captain John Cross, the well-known railroad promoter of Los Angeles, is at the Palace. Dr. A. F. Edwards and Dr. J. A. Sutherland of Nome are among the lat- est arrivals at the Grand. State Surveyor General Victor H. Woods and wife are down from Sacra- mento and are registered at the Lick. John MeDermott, chief clerk of the St. Francis Hotel, who has been in Southern California for two weeks, re- turned yesterday. Dr. William Martin, United States navy (retired), has returned to San Francisco. He visited London, Paris, Berlin and, St. Petersburg in his ex- tended journeys abroad. Judge J. W. McKinley of Los An- geles arrived in the city yesterday from Chicago and St. Louis -and is at the Palace. 'He was chairman of the Cal fornia delegation to the Republican National Convention. —_—————— Disapprove Appointments. The - Civil Service Commissioners R. B. Marshall of the United States 58 myudii—to: decife what steps 0 dake. tate valued at $700,000 and after her JOSEPH WANTS PEACE. | death it was found that she had left Joseph Hagan says he does not want ! a will bequeathing the estate to Gop- any notoriety over the dispute which |sevic. He filed the document with the has arisen between himself and broth- | Superior Court of Lake County. and er, but substantiates all James Hagan | asked Judge M. S. Sayre to turn the says about the offer to buy out his | property over to him. ‘Before that re- brother William and Kelley. Regard- |quest could be complied with relatives ing the refusal to allow any more|of the deceased retained Judge Ma- bodies to be buried by the opposition | guire to look out for their interests tempt was made to draw out the oy , 80 Of | o) erift, Auditor, Tax Collector, Treas- Rutherford had-left the bank not|Urer and County Clerk dating from brother and you feel like throwing him—a bag of peanuts for it. He's a real, truly boy. at a meeting held last night disap- proved the action of the Election firm in Sunset Cemetery he says: ! 1 think the law is plain enough and good enough 1o handle this matter and I certainly ' would not consent to the use of force to pre- | vent my own brother frem burying the dead, ! mithough 1 have told him not to use our ground | for that purpose again. If it should come to a point where the law could mot prevent it, would just let the matter go, but I think the | proper way to do will be to get an injunction. | The matter will be talked over in the morning | and we will then decide what to do. In the meantime Wiillam Hugan, as a member of the firm recognized by the city as the official undertakers, is gathering the city’s dead and preparing the bodies for burial. The barn back of 3620 Nineteenth street is the firm's headquarters. A gentleman is & man made right and im- ved with ege. y that test to vou have “Old Glit Edge Whl:k:y.'"‘“ .. Mrs. Botkin Mrs. Cordelia Botkin nppe-red be- and an application was made to the Supreme Court to restrain Judge Sayre from granting the application of Gep- cevic. The question of jurisdiction of the Lake County court will come up before the Supreme Court to-day. The coptestants, who reside in the BEast, are Mary Floyd McAdoo, Rosa- lie Humes and Isabella Matthews. —_—— MASTER PAINTERS' AND DECORATORS’ MEETING Important Gathering of the State Or- ganization to Be Held in This City Next January. Master painters and decorators ali over the coast are displaying a great interest in the newly organized State Association and its annual convention which-will be held in this city Jan- vary next. This great gathering will fore Judge Dunne yesterday and was|be attended by prominent master arraigned on the charge of murder in | painters from all sections of the State. connection with the death from poison At the last meeting of the Master ©of Mrs. Ida Henrietta Deane at Dover, | Painters’ and Decorators’ Association Del., in August, 1898. She was repre- | held in their hall, 584 Parrott build- sented by Attorney Reece Clark. The |ing, the San Jose association was ac- case was continued for two weeks for | cepted as a member. The application the defendant to plead. The decision | was made through George Kornig, the of Judge Cook on the motion for a |secretary of the San Jose organization. |’ new trial of the charge of murdering Mrs. Elizabeth , Mrs. Deane's sister, will not £. The defendant looked the picture of good health. X S e Swell booklets are a habit ®onowies Company, printers, 24 more than ten minutes when A. R.! Bratton, a member of the same com- pany, presented Rutherford’s book at | the bank with a check for $25, which he asked to be cashed. The check purported to be signed by Rutherford. The bank officials told Bratton to wait and telephoned to police head- quarters. Detectives Ed Gibson and Silvey hurried to the bank and placed Bratton under arrest on a charge of forgery. He protested for a time that he was Rutherford, but finally admit- ted having stolen the bank book and forged the name of Rutherford to the check. . — e, WILL PROTEST AGAINST THEIR ANCIENT ENEMY Mass Meetings of Poles, Lithuanians and Rousines at Golden Gate Hall Next Sunday. 4 A joint mass meeting of the three societies of Poles, Lithuanians and Rousines of this city will be held next Sunday afternoon at Golden Gate Hall, 625 Sutter street. Its object will be the expression of sympathy for Japan in her present conflict with Russia. The call for the meeting issued by the committee of the three organizations announces that the gathering is for those who are protesting against the Russian Government’s treatment of the Poles and other smaller nations that have been kept for centuries under the yoke of the Czar. Among the speakers will be Gen- tyrannical ‘July : 3 Expert Williams filed a report show- ing that the deficiency in the fires men's pension amounts to 43. There is available the sum of $2272 77 to pay the deficit, besides $394 27 in the urgent necessity fund. The committee’ recommended that ! the demand of Thomas Price for $150 | for analyzing blood stains in the Leon | Soeder murder case be cut in two. Price said that he had spent thirty days in the work, but Supervisor D’Ancona- believes the charge to be excessive. o/ The board adjourned to meet this afternoon at 2:30 o'clock as a Board of Equalization to hear applications for reduction’ of assessments. —_———————— Body Is Still Unidentified. Several persons called at the Morgue yesterday to identify the re- mains of the man supposed to be J. H. Hanley, who committed suicide in Golden Gate Park last Saturday after- noon, but they were unable to do so. In the afternoon Deputy Coroner Michael Brown received a telegram from Willlam Hanley at Hoquiam, ‘Wash., asking for @ description of the decedent. { DT 4 R - Prize Winner Sues “the Elephant.” R. T. Gift has brought suit in the Justices’ Court to obtain $100 and in- terest, which he claims is due him as the thirty-fourth prize winner in th 5 3 ant dot guessing con- t and that,when he called with the identity the |, BLANCHE PARTINGTON. Tivoli. "Phe fourth week of “Robin Hood” at the Tivoli was greeted by a packed house last night and the De Koven production promises to retain all the drawing features' with which its in- auguration was greeted. . Central. A whole printing office, with a cylin- der press rolling off paper at light- ning speed, gre features of the climax of the beautiful, picturesque and wholesome comedy-drama, “Along the Mohawk,” produced last night at the Central Theater for the first time in San Francisco, and played in a man- mner that merits almost unqualified praise. Herschel Mayall, as Old Still- water, editor ofi the Mohawk Beacon and the hero of the drama, has a part that ranks well with the Sol Smith Russell role in “Peaceful Valley.” Mis- fortunes bring out the manly quali- ties of this country editor, whose hon- esty of purpose is as fixed as the plan- ets, and whose heart beats for human- ity. It is a strong part, effective in its candor as well as in its undercur- rent of emotion. As the girl reporter, who fights life’s battle alone and in trying times proves true as steel, Eugenie Thais Lawton gave one of her most creditable im- personations, Lawrence Griffith, as an aspiring politician, and George Nich- | olls, as a rival candidate who seeks to control the editor through the instru- _mentality of a mortgage on the news- _paper plant, acquitted themselves with o of the sefpent of the Mohawk para- ‘dise, gave a keen interpretation of the and Ernest Howell, in the part || Commissioners in appointing twenty- five non-civil service deputy registrars on the ground that the positions should have been filled from the eligible list of cletks. The Election Commission has taken the stand that inasmuch as the list of those qualified to fill the posittons of deputy regis- trars has been exhausted the appoint- ments were made pending the holding of another examination of applicants for the positions. Until a decision by Judge Sloss, before whom the matter was taken on injunction proceedings, no further action will be taken. The commission approved the temporary appointments made by the Board of Health to several new positions pend- ing examinations. SATS SHOOTING WAS JUSTIFIED Fred Issendorf Uses Revol- ver After Being Struck on the Jaw With a Roek SELF-DEFENSE CLAIMS Percy Sexton, the Wounded Youth, Is Believed to Be in Dangerous Condition — { Percy Sextonm, clerk in the Southern Pacific Company’s storekeeping depart- ment, who was shot by Fred Issendorf at Page and Lyon streets early yester- day morning, is in a critical condition at the Southern Pacific Hospital. As- sistant District Attorney Louis Ferrarl was sent to the hospital yesterday to take his ante-mortem statement, but he said he thought he would pull through. He made a statement in the presence of Issendorf and witnesses signed it The statement is as follows: I think Fred Issendorf did the n:oounz. I am not sure. About 1:30 this morning, at the corner of Lyon and Page streets, about twenty-five feet up Lyon, Judas Delcasso, James and Harold, his brothers, Frank Cusick and Willlam Harvey went down with the in- tention of getting those fellows. I did not want to go, but they finally got me to go. I don’t know who the fellows were. We walked down and got off a car and got in a doorway. Then we all walked up and we saw Fred von Issendorf with a gun. I walked up the hill fifteen or twenty feet and stood there. They then began to tell him to put in the gun and throw rocks. and one of the rocks hit him in the jaw. He began to shoot and I got hit. I could not tell how many shots were f four, I belleve. I did not participate in anything at all. I don’t think he knew where he was shooting himself. One of those fellows had hit one of our boys and we were going down to make things even. Issendorf claimed that he shot in self- defense, as he and his brother Henry were being pelted with rocks and pleces of wood. One of the rocks struck him on the jaw, knocking him down, and when he appeared in Police Judge Mo- gan’s court his face showed the effects | of the blow. He was charged with as- | sault to murder and the case was con- tinued till next Monday. His brother Henry was struck on the mouth with a plece of scantling and his lips are | cut and swollen. The brothers have a | grocery at Page and Lyon streets. Detectives O’'Dea and Mulcahy and Policemen McTevitt and Kerrison, who are working on the case, arrested James and Harry Delcasso, Frank Cusick, William Harvey and Eddie Me- Elroy. With the exception of McElroy they are being detained as witnesses. McElroy was a friend of the Issendorfs and was also a target for the rocks and pieces of wood, but was not hit. He was released from custody. The row commenced on a car from the Cliff House, and at Haight and | Stanyan streets there was a general | mix-up, and it is claimed that Henry | Issendorf struck Cusick. According to | Sexton’s statement that was the rea- | son Cusick and his friends made the attack upon the Issendorfs at Page and Lyon streets. —_——— | HONORING A PROMINENT FRANCISCO | At the national congress of the Sons of the American Revolution just held in St. Louis Colonel A. D. Cutler of | this city was signally honored by be- | ing elected one of the vice presidents | general. The following is a list of the officers |elected by the national -congress: ‘ President general, James Denton Han- | cock, Franklin, Pa.; vice presidents | general, George H. Shields, St. Louis, ;Mo.; John Paul Earnest, Washington, | D. C.; Colonel A. D. Cutler, San Fran- | ciseo, Cal.; Edward Payson Cone, New York City; Charles Kingsbury Miller, Chicago, Ill.; secretary general and | registrar general, A. Howard Clark, | Washington. D. C.; treasurer general, | Isaac W. Birdseye, Bridgeport, Conn.; historian general, George William | Bates, Detroit, Mich.; chaplain gen- eral, Rev. Julius W. Atwood, Colum- !bus, Ohio. —_——— Optometrists Hold Meeting. | The California Association of Op- tometrists, that being the new name assigned by the State to the Ophthalm- | ological Association, met at the Cali- fornia Hotel last night at 8 o'clock and listened to interesting papers by S. G. Marschutz of Los Angeles, G. A. chneider of Stockton and President Charles H. Wood of Oakland. The ! association intends to make elaborate arrangements for the entertainment of | ophthalmologists among the Knights | Templar, one of whom is the national president, John C. Eberhardt of Day- ton, Ohio. —_———— Soldier Hits Man on Head. 8. C. Lewin, a soldier, became en- d in an altercation with Fausto asante in the Headlight saloon on Pacific street and struck the foreigner in the forehead with a piece of iron, inflicting an ugly scalp wound. Sev- eral other soldiers entered into the fight and were arrested and charged with drunkenness. Masante was treated at the Emergency Hospital. ——————— Buffalo Is in Port. The United “tates cruiser Buffalo, Captain Everett, arrived from Pana- ma and Magdalena Bay early this morning. NEW ADVERTISEMENTS. L dandruff microbes. exquisite fragrance of GOING! /