The San Francisco Call. Newspaper, September 22, 1904, Page 6

ol Ot MAREIAGE LAW MUCH MUDDLED ja st The Supreme Court Is to Be Asked to Settle a Fine Legal Technicality SEPARATED CROWLEYS Wife Is Given the Decree, Awarded the Children and $150 Monthly Alimony HESEETS Oakland Office San Francisco Call, 1016 Broadway, Sept. 2L In order to settle the guestion of whether he is entitled to a final de- divorce for his client, upon & cree of nunc pro tunc divorce granted P. Claudius from Ge- sipe Claudius by Judge Melvin last Thursday, Attorney Asa V. C r for a writ of mandate 2l Judge decree fina Claudius is a traveling salesman, and was granted a final decree of divorce & year ago. upheld the constitutionality of the present law and the final decree was considered void. Last Thursday Men- denhall, after walting a year, asked for an interlocutory decrée in the place of the finel decree. Judge Melvin signed an interlocutory decree as of the same date as the final decree he had signed on September 4, 1903. The record then showing an Interlocutory decree had been signed a year ago, Attorney Men- denhall asked for his final decree. This Judge Melvin has declined to sign, stat- ing that a » qust elapse before the intersocuto decree has rum out. As it was signed as of the date of a| year mgo, Attorney Mendenhall does not see why his client should wait a day longer, and will take the matter to the highest cour Mrs. Aima A. Crowley was grant- ed an interlocutory decree of divorce this efternoon from Dr. D. D. Crowley on the ground of desertion. She was ewarded the custody of their two boya and $150 a month alimony. Fred Miller, sexton of the Evergreen Cemetery, was granted a divorce from Rosa Miller this afternoon by Judge Ogden on the ground of intemperance. He was also awarded the custody of their three children. A final decree of divorce was granted Mary J. Johnson to-day from Edward P. Johnson, a civil engineer on the ground of cruelty. for divorce was begun by Mary Smith against William H. Smith, and plumber, to-day. He ree days’' sentence inthe for being drunk and was a copy of the complaint f divorce granted Ida n A. J. Hebert a year ago e to-day on petition of At- ney W. H. L. Hynes and an inter- cutory decree granted in its stead. She wait another year to get her final decr Ada L. French has dismissed her di- vorce action begun against F. W. French IR e NATIVES GIVE INDOOR FAIR AT HAYWARDS Hon. Joseph Knowland, President of Grand Board of Trustees, Deliv- ers Opening Address. OAKLAND, pt. 21.—The indoor fair of the Native Sons and Daugh- ters of Haywards was opened this evening and Native Sons’ Hall was crowded. The opening addresses were deliv- ered by Senator Joseph Knowland, president of the grand board of trus- tees, and by Miss Laura J. Frakes, grand secretary of the Native Daugh- ters. The fair will continue until Sat- urday night and an entertainment has been arranged for each evening, in- cluding sketches by C. J. Heeseman of Oakland, the Elks’ Quartet and other well-known entertainers. There will be dancing every night in the gymnasium attached to the hall ———————— EAN FRANCISOO COUPLE SECRETLY WED IN OAKLAND Young Folks Slip Away Without Tell- ing Their Friends of Their Intentions. OAKLAND, Sept. 21.—The secret marriege of Miss Gladys Moss, the danghter of a prominent manufac- turer of San Francisco, and Dr. Mun- roe Marx, a well known dentist, also vesiding in San Francisco, has just been made public. The ceremony was performed in this city September 17. George A. Moss, the father of the bride, says that while the event was entirely unexpected, there is no ob- jection to the young lady’'s choice of 2 husband, zlthough it was expected that she was about to leave for the Past to complete her studies in music. el ROBEERY CHARGE NOT SUSTAINED. Oakland, Sept. 21.—J. C. Baxter and J. O’ Connor, by E. 5. Sinal, & § with robbing him of 16 eents, wers freed to- y _after examination before Police Emith. The evidence showed that Sina! had voluntarily ivén the men momey with which to buy liguor. ADVERTISEMENTS. HUNYADI ONLY, BuT, HUNYADI JANOS, THE ORIGINAL, ONLY GENUINE AND RELIABLE HUNGARIAN NATURAL LAXATIVE GONSTIPATION L2 interlocutory decree of | Menden- | to the Supreme Court] Melvin to give him a| Then the Supreme Court | SEEK MURDERER |ATHLETES WILL [CITY CAN TAKE |MAYOR PLEADS [ARGUES AGAINST OF POLICEMAN It Is Thought That the Slay- er of Patrolman J. H. Smith Is at St. Louis et R DETECTIVE GIVES IDEA Says Only Three Suspected Men Have Been.Arrested During a Year of Search SR A Osakland Office San Francisco Call, 1016 Broadway, Sept. 21 David Kiniry, the suspected slayer lof Policeman James H. Smith, is supposed to be in St. Louis. The police have made a special request | through the department there to keep | a close lookout for the fugitive. It is the belief of Detective Denny Holland that Kiniry will be located in the | neighborhood of the Missouri metrop- olis, which was his home. An even $1000 awaits the person who shall cause Kiniry's arrest. For nearly a year the Oakland police have ‘been working to find some trace of the mur- | derer. Not a substantial clew has been | obtained during all of the months that | have passed since Smith was killed { after placing Kiniry and his compan- | ion Goldstein under arrest as suspected | burglars in the Lakeside district. | In the battle Goldstein and Smith both lost their lives. Kiniry, an athlete | and expert wheelman, mounted a bi- | eycle and disappeared. This occurred | last November. Only three arrests have been made of suspected men in the | United States since the excellent de- scription of Kiniry was sent broadcast among the police departments and to many other peace officers throughout the country. | Kiniry, according to Detective Hol- land, had a fondness for mingling in city life. Holland thinks that the St. Louls attractions have been too strong | for the missing man to withstand. Quietly a hunt has been made and will be continued. UNIVERSITY EVENTS | BERKELEY, Sept. 21.—Ben Greet's ocom- pany of English players will return to the | coast fn time to play ‘“Hamlet” at the Greek | Theater on Baturday, October 1, and to follow | with an extended engagement In Ban Fran- | eisco, where ““Hamlet,”” *“‘Everyman’ and “‘As You Like It” will be given. The version of *“Hamlet” to be presented at the Greek The- wter is that published in 1603, mot the one of 1623 that is known to all theater-goers. Jackson Gregory, editor of the ‘08 Blue and Gold, has appointed B. 5. Norton, Willlam S. Andrews and Miss Gladys Meyer as & board the Greek play, the nas been definitely set Ajax” for October 13 in the Greek Theater. *“The Open Shop” will be the subject of the | contest this year for the Bonnheim prize. The | contest will be held on a day yet to be an- | nounced in the first week of December. of Sophocles, The Prytanean Soclety, the honor soclety for senior women, has elected to membership Misses Effie Kroll, Harriet Smyth, Flora Frickstad, Nellie McCarthy, Greta Augustine, Sue Rose, Alice Johnston, Helen Weeks, Alma Sybil Jones and Gertrude Davidson. | Walter J. Burpee, ‘03, has entered the | d law school. Burpee is well known the students for his activity in de- ating contests. A bureau designed to aid graduate students in agriculture to find positions is about to be established by the Experimental Station Bureau of the United States at the College of Agriculture. The register will include three general classes—administrative officers, includ- ing the presidents or dea of the varlous agricultural colleges; members of the scien- tific staffs and members of the graduating classes who are recommended by the faculty for places @s teachers or inyestigators. The post of assistant fnstriictor in civil en- gineering has been given Fred H. Tibbets of the class of '04. The annual meeting of the Alumnas Assocla- tion will be held at 1620 California street, Ban Francisco, on Eeptember 24. A luncheon will also be given in honor of Mrs. Earl Wil- son de Moe of Wisconsin. Garrick M. Borden, staff lecturer in the university extension department, has returned from Harvard University and & tour of the New England States and is prepared to re- sume his work as lecturer. Bowers Wants Wiese's Scalp. ALAMEDA, Sept. 21.—Superintend- ent G. A. Wiese of the municipal elec- tric light department and City Trustee William M. Bowers, chairman of the committee in charge of Alameda's illu- minating plant, are at outd. Wiese affirms that Bowers has demanded his resignation. The City Trustee asserts he simply told the superintendent that if he did not operate the department the way the Trustees desired he might as well quit. There has been friction Pbetween Wiese and Bowers over the plant and this was brought to a head recently when Bowers “docked” the salary of the superintendent $15 for going on a vacation without the ccnsent of the chairman. Wiese de- manded the money and filed a signed statement by Dr. H. M. Pond, a mem- ber of the Board of Trustees, that it was necessary for Wiese to take the vacation. —_————— Dance for Benefit of Fair. OAKLAND, Sept. 21.—The Five Hundred Club of St. Patrick’s parish in West Oakland will give an enter- tainment and dance to-morrow even- ing at Alcatraz Hall for the benefit of the jubilee fair of St. Anthony’s par- ish, which will open about the middle of October. Among those who will take in the programme are Miss Rose Thilbon, A. Cosgrove and Joseph McVey. The members of the com- mittee in charge of the entertainment | Are Miss Rose Shortt, Miss Marie Cunningham, Miss L. Cunningham, Miss M. Thilbon, Miss R. Thilbon, Miss Frances Stroinski, Miss Clara Stroinski, Miss M. Kane, Miss Agnes Harrington, Miss K. Carroll, Miss K. Abern, Miss M. Shortt, 5. P. Kane, J. J. Connally, Lioyd Sterling, George Shortt, Henry Shean, Leo J. Cuddy, Andrew Flynn and M. L. Carroll. —_—— Teamster Guilty of Assault. OAKL‘A.ND. Sept. 21.—Christopher qurphm charged with assault with a deadly weapon on J. R. Lewls, was Itmd guilty by a jury to-day and will come up for sentence next Friday. He is a member of the Teamsters’ Union in San Francisco and assaulted Lewis because the latter acted as a special -policeman during ‘the strike. Lewis was assaulted at the Oakland mole on the night of July 4, when the picnick- ers were returning from Shell Mound [ Park. He was knocked senseless and beaten by a number of men who en- gaged in the assault. —_—— Young Mother Not Prosecuted. OAKLAND, Sept. 21.—Mrs. Bertha ‘Williams, the young mother who told baby, was in the Police Williame 15 7 demented. LEAD CATTLE Students to Reproduce the Greek Sacrificial Proces- sion Shown on Parthenon AT FARMERS’ INSTITUTE Garlanded Kine Will Fig- ure in Opening Ceremony of Agriculturists’ Session Berkeley Office San Francisco Call, 2148 Center street, Sept. 21 There will be a great gathering of farmers, active and scientific, when the California Farmers’' Institute meets next month at the University of Cali- fornia. The session will extend over three days, October 25, 26 and 27, and Wi Mayor Holds on Any or All of the Realty Syridicate Holdings ——— AT IT WANTS| FOR THE BONDS an Option| Urges Oaklanders at NextjAttorney Wheeler Makes the Tuesday’s Election to Vote for the Entire Issug WILL VISIT THE PARK|RESOLUTIONS ADOPTED Superintendent McLaren Is|Civie Educational League Asked to Give His Opinion on the Price and Quality e . On.kl'.nd Office San Francisco Call, 1016 Broadway, Sept. 21 Mayor Warren Olney holds an agree- ment by which the city of Oakland may purchase any or all of the Sather tract or any of the surrounding lands owned by the Realty Syndicate at the actual cost of these lands to the syndi- farmers will come from every corner cate. This statement was made by of the State to participate. A unique feature of the institute wil be the faith- ful reproduction of the sacrificial pro- cession as it appears upon the frieze of the Parthenon, the celebrated Athenian temple of Minerva at Athens. In this procession the athletes of the univer- sity will lead the garlanded cattle of the university herd, just as the Greek heroes of two centuries ago led their herds for sacrifice upon altars to pla- cate the gods of war and destiny. The Greek department has agreed to assist in the reproduction of this antiquity. The procession of Greeks is designed as part of the ceremonies on the open- ing day in the Greek Theater. Pre: dent Wheeler and Governor Pardee will participate in these ceremonies and there will be music and songs by the student organizations. Following the entertainment will come the sober work of the convention, which will in- clude discussions of such subjects as these: “University Extension,” “Agri- cultural Organization,” ‘Agricultural Research,” “Agricultural Development” and “Agricultural Economics.” The complete programme for these discus- sions is as follows: Tuesday evening, 8 o'clock—General subject, “University Extcnsion.” Professor H. Morse Stephens, “‘History, Purposes and Methods of University Extension’; Professor E. J. Wick- son, ‘“‘University Extension in_Agriculture W. T. Clarke, “‘Reading and Correspondenc Courses.’ Wednesday morning, October 26, 9 o'clock— General subject, ‘‘Agricultural Education.” President Benjamin Ide Wheeler, “‘Recent De- velopments in_Agricultural Edugation’; Pro- fessor E. W. Hilgard, “‘Evolution of Modern Agriculture’”; Hon. P. J. Shields, Superior Judge. Sacramento, ‘‘Material, Social and Edu- cational Value of Instruction in Agriculture; Dr. Leroy Anderson, director of California Polytechnic Bchool, San Luis Obispo, *AgTi- culture in Secondary Schools.” Wednesday afternoon, 2 o'clock—General subject, ‘“‘Agricultural Organization.” A. R. Sprague, president California Fruit Exchange, Sacramento, ‘‘Essentials of Agricultural Or- ganization”; J. H,_Reed, Riverside, ‘‘Need of tion for Closer 'Study of ' California Professor A. J. Cook, conductor of institutes {n " Southern California, 8" D, T. Fowler, conductor of farmers' institutes in Central and Northern California, ‘‘The Roch- dale System in California.’’ Vednesday evening. 8 o'clock—General sub- ject, “‘Agricultural Research.” Professor C. W. ‘Woodworth. ‘‘Progress in Agricultural In- vestigation™; short addresses upon special lines of investigation by Professors M. E. Jaffa, E. W. Major, A. V. Stubenrauch, R. E. Smith and G. W. Bhaw. Thursday morning, October 27, 9 o'clock— General _subject, ‘‘Agricultural Development.’ W. V. tafford,’ State Commissioner of Labor Statistics, San Francisco, ““Farm Labor in Cal- ifornia’; Professor Elwood Mead, chief of ir- rigation’ and drainage investigations, United States Department of Agriculture, Washington, D. C., “The Need of Training in Agricultural Engineering’”; C. H. Markham, vice president and general manager Southern Pacific Com- paty, San_ Francisco, *“ er and the Raflroad; Their Relation.” Thursday afternoon, 2 o'clock—General sub- ject, “‘Agricultural Economics.” B. F. Adams, agricultural editor the Chronicle, San Fre cisco, “The Farmer as a Busness Man Charles H. Bentley, manager sales department California Fruit Canners’ Assoclation, ‘“The Merchant as a Factor in Marketing''; Profes- sor Carl C. Plehn, “‘Taxation”; John Tuohy, Tulare, ““Taxation for State and County Reve- nue.’” Thursday evening, 8 o’clock—Professor El- wood Mead, “Irrigation Abroad,” an account of recent observations in forelgn irrigated countries, fllustrated by lantern slides of mot- able irrigation structures, etc. For the further edification of the visitors a regimental drill and parade of the university cadet command will be held at 11 o'clock on Wednesday morning. B Tried to Blow Up Safe, PLEASANTON, Sept. 21.—A bold attempt was made by burglars early this morning to blow open the safe in the store of Philip Kolh, a general merchant of Pleasanton, but the crooks were discovered at their work by Victorino Silva, who was passing through the town on his way to Oak- land, and he notified the proprietor. When Kolb reached the store the burglars had escaped without securing any plunder. —,——————— To Give Benefit Entertainment. The ladies of St. Joseph’s booth, under the direction of Mrs. Willilam R. Walsh, are making extensive prep- arations for an entertalnment and dance to be given next Wednesday evening at St. Rose’s Hall, Brannan street, between Fourth and Fifth. The affair promises to be very successful. It is for the benefit of St. Rose's fair, which opens in October. The pro- gramme contains some of the city's best amateur talent. & ——————— LATE SHIPPING INTELLIGENCE. ARRIVED. ‘Wednesday, Sept 2L Bktn Gleaner, Schmebl, § days from Wil- lapa_Harbor. Schr Jobn A, Olsen, 7 days: from Eureka. SAILED. ‘Wednesday, Sept 21. Stmr Noyo, Jobnson, Eureka. - Sime Breakwater, Seaman, Cood' Bay. Ger stmr Hero ——, Taco Brig Geneva, Chase, Grays AL DOMESTIC PORTS, L e Rt 10 et e Tt nce d 3 : Melville Dollar, hence ‘Sept. 18, A Arrived Sept' 2i—Stmr Oity of Beattle, from Skagway. : ‘Salled Sept 21--Stmr Olympla, for Nome. NEW YORK—Arrived Sept 21- r Koenis gen Luise, from Naples and S wtnir Nekar,, from Bremen; stmr Tentonic, , from Liverpool and Queenstown. 3 Sailed Sept 21—Stmr Cevie, for L 3 stmr Byrian, for Hamburg; stmr Oceanie, f Liverpool. ‘2 3 - DON—Arrived Sept 21—Stmr Lancas- T iatied Sept. $1-Bimr Cambrian, foe B alle 3 QUEENSTOWN—Arrived Sept b,sm Jestic, from New York, for lechlmot Sailed Sept 21—Stmr Carpat! erpool, for New York. ¥ DOVER—Satled Sept 21—Stmr Moltke, from Hamburg, for New York. p LIVERPOOL—Salled Sept 21—Stmr Baltla, York, Queenstown ;. Queenstown. Seot 20— Stmr Sylvania, for Boston. 20—Stmr Westernland, trom Sept 21—Stmr Kaiser fihel from Bremen priy ol 5 ACQUITTED Mayor Warren Olney at the meeting of the general committee of citizens j held this afternoon to discuss the bond issue that will be voted upon next Tuesday. The meeting was of the sub-commit- tees from the Board of Mer- chants’ Exchange, the trads jons of Oakland and other organizations that are interested in the advancement of the city. Judge John Yule was made chairman and John T. Bell secretary. Those present were: Board of Trade— Hugh Hogan, J. Tyrrell and Emil Len- hart; Merchants’ Exchange—A. Schlue- ter, W. H. Weilbye, D. C. Brown and G. W, Arper; Progress Federation—Dr. E. R. Tait, John Yule, W. BE. Gibson and John T. Bell; bankers—L. G. Bur- pee; trades unions—C. W. Petrey; real estate dealers—E. P. Vandercook, R. A. Jackson, E. C. Sessions and W. J. Laymance. It took very little time to get down to business. It was at once decided that in view of the recent assertions about the bonds there were two ques- tions to be answered: “Is the land pro- posed for Central Park suitable for park purposes?” “Is the price asked reasonable?” Those present decided that the peo- ple of Oakland wanted the best evi- dence to be had upon the subject and a telephone message was sent to Su- . perintendent McLaren of Golden Gate Park asking him if he would visit the proposed park to-morrow morning with the general committee. McLaren’s an- swer was received while the committee was in session. He promised to visit Oakland to-morrow morning at 9 o’clock, go to the proposed park site and give Oakland the benefit of his ex- perience, gathered in the making of Golden Gate Park. Meanwhile the real estate men of Oakland are preparing a table of the values of land in that neighborhood. This table will be issued to-morrow and will show that the actual sale price of land in this neighborhood in the last | five years has been from $800 to $1200 an acre, During the meeting Mayor Olney came in and was asked to make a statement. The Mayor said: It may be of interest to know that the Realty Syndicate has given me a guarantee that 1t will sell to the city of Oakland any or all of the land In that nelghborhood for exactly what it cost, this cost to be deter- mined and appraised by experts from the Board of Trade, Merchants' Exchange or simi- lar organizations, who-will put experts upon their books. It may be well for me to re- mark here that the Realty Syndicate con- siders that it is eelling to the city of Oak- land the land embraced in the proposed park at less than it cost them, and I believe that thie land can never again be purchased so cheaply as it is now offered to the city. In other words, the people will be asked to vote $300,000 for bonds for a park site and it will be left to the city government to select from ail of the land in that neighborhood just what is wanted. Those who wish to visit the proposed park site may secure tickets by calling at the headquarters of the Board of Trade at any time during the present week. The Good Government Club will hold a pro-bond meeting at the corner of Cypress and Fifteenth streets to- morrow evening, to be addressed by P. M. Fisher and J. J. Victory. The Pied- mont District Improvement Club has come out in an earnest indorsement of the bonds. The Northwestern Improve- ment Club was addressed by Edwin Stearns in behalf of the bonds last night and has indorsed the entire is- sue. —_—— SCHUSSLER TALKS ABOUT SIERRA NEVADA WATER Spring Valley’s Engineer Explains What Should Be Done to'Tap Mountain Supply. Difficulties in the way of supply- ing this city with potable water from the Sierra Nevada Mountains were set forth yesterday by Chief Engineer Schussler of the Spring Valley Water ‘Works before United States Commis- sioner Heacock. He said that without the ownership of the Crystal Springs reservoir prop- erties it would require, besides the headworks and canals in the rra, not less than five irfdependent 'pipe lines, each forty-eight inches in diam- eter, having a daily capacity of 30,- 000,000 gallons each, accompanied by at least one additional safety line of the same dizmeter and capacity. The electric pumping plants would also have to be correspondingly in- creased in number and capacity, so as to bring them up from 30,000,000 gallons over one pipe line to an aver- age of 130,000,000 gallons per day. In ‘| order to have this average supply ca- ty additional carrying capacity of vided for to meet the fluctuations be- tween the average and the maximum daily consumption. For this purpose not be‘able to carry this average quan- tity, but it would require five lines to do it. —_——— ‘DEATH BY ASPHYXIATION.—Henry livan, a lumber laborer from Idaho, was found dead In & room at 1300% Stockton street yes- from 15 to 20 per cent must be pro-! four forty-eight inch pipe lines would ¢ Selo—' Holds Enthusiastic Rally and Pledges Its Support Oakland Office San Francisco Call, 1016 Broadway, Sept. 21. Mayor Olney delivered an address at the “Booster Ball” and bond rally of the Alumni Association of the Oakland Polytechnic High School this evening, explaining the items of the proposed bond issue, and calling upon the mem- bers to. use their influence to aid in carrying the improvement bonds. He spoke particularly of the Polytechnic school, but said that no effort should be spared to make the entire issue a suc- cess. “The Influénce of the members of this association, if rightly directed, will be of the greatest help to the bonds,” | said Mayor Olney, “and every member should use his hest effort to insure suc- cess at the coming election.” P. M. Fisher, principal of the Poly- technic school said: “The Polytechnic High School is in a critical position at present, and to insure success in its work, the school must have a modern, building, more teachers and better equipment. The bonds, if carried, will insure this improvement and the mem- bers of this association should see to it that they are carriea.” School Director C. D. Rodgers also spoke in favor of the entire bond issue. The Civic Educational League. held an enthusiastic bond rally this evening and adopted the following resolution in favor of the bonds: Whereas, The Civic FEducational TLeagus stands for all that will aid in the advance- ment along every line of the city of Oakland; and whereas, the bond issue to be brought before the public on September 27 stands for these ends; therefore be it Resolved, That the Clivic Educational League pledges itself to the support of the bonds, and its members to work for thelr success. The following officers were elected: President, A. P. Stiefvater; vice-presi- dent, E. A. Huglll; secretary, Ellis E. ‘Wood; treasurer, D. E. Bernays; pro- gramme committee, C. A. Strong and E. D. White. ENGAGEMENTS. By Zoe Green Radcliffe. OAKLAND, Sept. 21.—Another engagement! Two of them, in fact. Really, affairs of the heart geem to be continually on tap in Oak- land, much to the gratification of the eociety reporter, who would ssarch the mocial nooks in vain, sometimes, for dainty tid-bits of gos- sip if the ever-present engaged, girl did not furnish perpetual inspiration. The engagement of Miss Martha Coffin and Aldrich Barton has become known, in spife of thelr efforts to keep their secret for awhile— happy secrets have such a habit of proclaim- ing themselves from the housetops. Both these young persons are prominent socially and really popular as well, 80 the announcement of thelr engagement gives another impetus to the merry whirl of dinners, teas and dances al- ready planned for the winter. Miss Coffin is the daughter of Mr. and Mrs. A. F. Cotfin and is highly accomplished. Her father is the well known San Francisco broker and the very artistic home on Vernon Heights has been the scens of many a charming social function. Both Aldrich and Willard Barton, brothers of the bridegroom, are immensely popular here, both being university men and members of the Delta Kappa Epsilon fraternity. Mr. Bar- ton is a son of Mrs. W. T. Barton,” who is well known for her active work for Fabiola Hospital, of which she is one of the lady managers. The.Bartons are wealthy and have always ocou a high soclal position here, 50 for which no-date has yet been set, will be one of more than ordinary intergst. Mies FEthel Mott's engagement to Phlillip Rosenheim 1s also a subject of much disous- sion. The daughter of Mr. and Mrs. Robert Mott, she is a girl of “‘stunning’ appearance, with'a crown of Titian hair. She is a daring equestrienne and ie frequently seen riding a beautiful horse. “Phil”’ Rosenheim is prominest here in ath- lete circles, being & member of the executive committee of the Rellance Club. He and Percy. Mott, the bride-elect’s brother, were mem of the racing team years ago, ‘and also nent wheelmen of the club, and it was assoctation that the romance that come to light had its beginning. A _receng bride, Mrs. Stuart the hon guest last evening at & given by Mrs. Walter Hughes Henry. Mr, and Mrs. Alexander V Mr. and Mrs. George Hammer, Mr. and Robert M. Fitzgerald, Mr. and Mrs. Wil Hamilton Morrison, Mr. and Mrs. Page Cutting, Mr. 'and Mrs Heary Nichols, Mr. and Mrs. Rawlings, Miss Rawlings, Mrs. Frank McLaughlin, Miss Anita’ Wx!ney. Pugene B. Beck, Charles E. Town- serltl and Brnest Dyer. Miss Letitia Barry, who is to be Miss Ken- dall's maid of honor in November, was hostess yesterday at a pretty affair complimentary to the bride-to-be. Asters and carnations, in au- tumn tones, formed a charming background the bevy of daintily gowned girls in the re- ceiving party, the young guest of honor being ly attired in a pink em- a8 Miss Barry Noelle de Golia, Miss Lillle Reed, Miss Effie ‘Wade, Mrs, Philip T. Clay, Miss Myrtle Sims, Miss Lucretia Burnham, Miss May Coogan, Miss Vi Nicholson, the Misses McEirath, Miss Cornela Stratton, Miss Eieanor Gelssler and Miss Lillian Isaacs, Three very Interesting addresses were de- livered before the Oakland Club_to-day by Mrs. John Bakewell, Miss M. R. Babson and Miss Eva V. Carlin. Mrs. Bakewell was a delegate to- the recent biennial at St. Louis and gave a review of her trip. ‘‘Reciprocity” was Miss Babson's formidable sounding topic and Mise Carlin spoke on ‘‘Municipal Art and Economy in Europe.’ Mrs. Moore was chairman of the committee on music and under her direction the follow- g excellent programme was give Solo—""Ave Maria!" CHARITY TRUSI Opening Attack on Validity of Clause in-Sutro Will RICH PROPERTY IN ISSUE Contends That Tying Up of Great Estate for Years | Is Against Public Policyl —————— The first volley from the legal bat- tery trained against the charity trust created by the will of the late Adolph Sutro was heard yesterday in Judge| Coffey’s department of the Superior ! Court. Attorney Charles 8. Wheeler de- { voted the entire afternoon to argument | in behaif of the contention of the Sutro heirs (excepting Dr. Emma Merritt) that the trust is vold, their purpose be- ing to secure a partial distribution of the $700,000 worth of property now tied | up. Dr. Merritt, who is the executrix Lot her father’s will, is opposing the, ‘other heirs. She is represented by’ Bradley & McKinstry, Morrison & Cope | and R. D. Silliman. The attack upon the will is in the hands of Bishop, ‘Wheeler & Hoeffler and Garret McEn- erney. Mr. Wheeler sald that the “testa- mentary scheme” contemplated by the provision in Sutro’s will was against public policy and would not be sanc- tioned by right-thinking men, notwith- 1 standing the popular encouragement of charitable bequests. He pointed out that Sutro had placed the San Miguel Rancho and Sutro Heights into a trust, directing that the two parcels, consist- ing of 1200 acres, should be conveyed to a board of trustees composed of the Governor of the State, Mayor of this city and other high officials, to be held by them until the death of the last of his children. Mr. Wheeler said that the 1200 acres constituted about one-fifteenth of the entire area of San Francisco and is| practically in the heart of what will be | a great city. Under the terms of the will none of the land can be sold, and | not a single trust duty in relation to it is imposed for the first ten years. All the rents and profits during the life- | time of the survivors are to be used for taxes and improvements of the| property and none of the income is to go to charity. The will, said Mr. Wheeler, was made in 1882, at which time the prospect of life ahead of some of the children was fifty or sixty years. The idea of rolling up a great fortune for the benefit of generations unborg, the tying up of so large a property and the restriction of its sale for so long a time, declared the lawyer, were hostile to public pol-| icy. If property could be tied up for fifty years, said Mr. Wheeler, for the benefit | of charity, it could as well be tied up| or 100 or 500 years and the vast ac- cumulation then devoted to charity, but such a scheme would not hold in law. ‘Wheeler argued the law of the case at length and cited many authoritles. McEnerney will continue the argu- ment Friday morning. —_———————— FOULK CHARGED WITH CRUELTY TO CHILDREN His Wife, Who Has Disappeared, Is Said to Be Iresponsible From Lack of Food. George H. Foulk was arrested yes- terday by Corporal Lyons and Secre- tary White of the California Society for the Prevention of Cruelty to Chil- dren on a charge of cruelty to a minor child. Foulk is a cement stamper and is 6 feet 2 inches tall. It is said that his wife, through a lack of proper nourishment, has become temporarily deranged and has disappeared. She | and the three children, two girls and | a boy, have been dependent for some time upon the neighbors for support. When Lyons and White visited the Foulk home on Farallon street, Ocean View, late Tuesday night they found the three children alone in the hcuse and in a deplorable condition. Foulk came home early yesterday morning under the influence of liquor. This, the neighbors say, is his normal WS OF THE COUNTY OF ALAMEDA o P A S LA ? BRANCH OFFICES OF THE CALL IN OAKLAND. 1016 Broadway. Telephone Main 1083. 2148 Center Street. I Telephone North 77. i ALAMEDA. [ 1435 Park Street. Telephone Alameda - REAL ESTATE TRANSACTIONS, . same tr Same to same of Thirty-third S 100, portion erty Central L. Compa Maria M. Jones et al 8 line of Jon § 100, cor o. to 133 E of Grove cted map Jones Tract, street, E 60 by Oukland; Eastman (widow) lot on NW to Mark and ne of Seventh ave- NE 4 by 130, arranty deed and Luke and Lucy Parish (wite) to Mark Parish, undivided one-half interest in same; $1000. Charlotte Lacey (widow) to Phitip H. Lacy m), lot on W an View avenus, 1125 8 of F . W 100, N 50, W 10 g, lots 9 to 11 and 2 & Tract, Oak- land Townshio; $10. e g James Walter Dashwood to Arabella Dash- wood (wife), lot 1, block. 10, Herzog Tract te Golden Cate, Oukland; $10. James Moore to same, same, Odkland; $10. Benjamin and Lillie M. Brunk to Johm Mueller, lot on S line of Rose street, 200 E of Cailfornia, E 50 by S 140:7, lot 3, block 1, map Willlam Schmidt Tract, Berie 5000 J. D. and Ivy H. Bennett (wife to F?:na;m-l gran:, lot 21, block 9, Shaw Tract, Berkeley: T. Sharman Downar to Williany Axford, lot on SE cprner of College way (now Hearst avenuo) and Milvia street, E §0 by S 100, lots 5 and 6, block 2, amended map Sea View Park, portion plat 19, etc., Berkeley; $10% South San Francisco Land and Improvement Co. to L. L. Dennett, lot on NE corner’ First and Brush streets, N 100 by E 125 lots ! to 4 27 and bioek 1, Keilersberger's map, Oakland: $§1 Sarah E. Bowman (Bogart), wife of Andrew ., to Woodberry Hughes, lot on¥B Itne of Webster street, 606 N of Fourteenth, N 100 v 0, Oakland; $10. . N 50 by E Gibbon's property a $10. Sarah A. Mc: to Robert J. Benton or Six E 40:8 by S 135, block Tract in plat 46, V. and D. Peral land: $10. Madeleine Connor (stngle) to Rob phy_(single), lot N line of Fou 90 E of West, B 50 by N 117 portion block H, map block 207, North Oak- land Homestead Assocition, Oakland; $10. E. F. W. Philpot (single woman) to Ed- ward Eccleston, lot 5, b 5, reyised map of Oakland Heights, Oukland; $10. Andrew and Sarah Gant to Johm J. Abel, Iot on B line of Kennedy street, 90 8 of Frederick, S 10 by E portion lot 43, block A, map of Camden Twenty-third Avenue Tract, East Oakland: $10. James A. and Celia M. Johnson to George W. Atkinson, all interest in lot on W _cormer East Ninth street and Fourth avenue, NW 78 by SW 25, portion lot 1 block 5 map resabdivi- = blocks 4 and 5, Clinton, East Oukland; 10, George M. and Flora Hunt to J. O. Foster, lot on E line of Oak' street, 150 S of Prospect avenue, S 50 by 1 130, betng portion of lot 10, biock 17, map Lake View subdivision of plats 16 to'18, Watson tract, Kast Oukland: §1 . Andrew J. and Julla M. Johnson, Mary and Annle Black, et al. F. Kroll, com- missioner) to- Continental Buflding and Loan A ation, lot on S corner of Twentieth ave- pue and East Twentieth street, SW 28 by SB 100, being portion of lots 21 to 24, block 49, Sen Antonio, Fast Oakland; $1168. Continental Building and Loan to Willlam W. and Eliza S. Smith, lot on N line of Bonton avenue, 60 E of Fourth street, E 50 by N 140, being lot 8, block I, Klinkner- ville tract, Emeryville, Oakland Township: 0. Mountain View Cemetery Association to Ella K. Lee (wife 0.-0. W.), lot In cemetery, Ouk- iland Township; $120. Charles A. and Marfe C. Fey to Wilhelmina Peck, lot on W lime of Tenth street, 100 N of Bancroft way, N 26:8 by W 180, being portion of lot 13, block 119, map tract B, Berkeley L. and T. L. Assoclation, Berkeley. §10. Jobn C. and Mary F. Lynch t6 W. J. Mar tinez, lot on S lne of Hearst avenue, 187:6 W of Grove street. g;;uon of range 2, Hardy tract, Frank M. and Rose B. McMaba Park, deed and agreement, Berkeley: § Conrad and Meta Lucht lot om N. lfne W _37:6 by 8 125, being Berkeley ; (wite of Joseph, Oregon street 115 W of Milvia, W 40.by N 120.83, being fot 22 block 20, map Ne 3. Shattuck tract, o o Nellle apd Charles Cafn tg Moses Annie K. Aromson, lot on N line of Dwi way, 100 W of Fulton street, W 50 being portion of lot 4 biock 3. property Col- lege Homestead Associagjon. Berkeley: $10. e ——— L and t ondition. The children will be placed public institutions and an effort will .made to find the mother. —_——e———————— Sons of Revolution Meet. \ A meeting of the board of managers the California Society of the Sons of the American Revolution was held ,f'" night, Colonel A. D. Cutler pre- sding. It was announced that the executive committee of the national society would not decide until De- cember as to whether the next na- tional congress of the society would be held in San Francisco in 1905. The committee in charge of arrangements for the banquet of October 19, to com- memorate the surrender of Lord Corn- wallis, reported that the following men had consented to deliver speeches after the dinner: Frank H. Gould, Judge Henry Melvin, E. H. Hart and Colonel E. H. Hindes. The following having been found eligible to mem- bership were admitted to the society: McCollough Graydon, William Jay Loveland, Clarence E. Washburn of Los Angeles, Marshal Hale, Herbert Le Baron Smith, Maurice A. Hall, Joseph Alonzo Sheldon, Howard Rus- sell Hurlbut, Hugh St. Clair Sommer of Manila, James Bruce Marvin, Hugh Shafter Aldrich, Albert Terrell Derby, George Warren Hooper, Martin Col- lins Polk of Oroville, Ridgway L. Rowley, Joseph Reno Mayhew, James Buchanan Miller. ———————— The German-American Republican Club held a spirited meeting at 8 O’'Farrell street last night. Great en- thusiasm prevalled. The following of- ficers were elected: President, Colonel Robert Wieneke; first vice president, C. B. Rod; second vice-president, B. Blanert; third vice president, Carl J. Kuss; secretary, Carl W. Mueller, and treasurer, Willlam Plagemann. The president was granted time to appoint executive and finance committees. It was decided that all members of the club—and they number some- thing like 1400—shall be assessed $1 each to defray necessary expenses of - the campaign. Short ‘ches were made by A.Van der Naill Jr., W. de St. P. Seitz, B. Blauert and Alfred Fuhrman.' Charles Alpers gave a number of humorous recitations. Judge M. J. Waldheimer spoke elo- quently of the fine condition of the country and of Roosevelt's splendid career. Colpnel Wieneke will leave next week for a month's visit to the East, but the wark of the club will be during his absence. | pushed with vigor A o JOHN BLACK, WHO ASSAULTED E. J. TREESE, FOUND GUILTY Robber and Burglar Who Worked in the Mission Last Winter Will Go to Prison. John Black;’alias Thomas Callahan, was found guilty of assauit with in- tent to commit robbery last night in Judge Dunne’s court. Three other charges are pending against Black— two assaults to commit murder and an attempt to commit burglary. On mmmwmmmmu:.-u'{u— ture. T Black held up and shot B J. “fle when Treese resisted being robbed at Twenty-second and Dolores strests.on March 20. He also robbed th at Twenty-first Folsom after serving an eight-year sen- tence ending on February 8. When on trial Black denied a previcus con- viction and was proved to be an ex- convict. A Of our work will be the many we have AlL are well pleased served. OUR TEETH ON PLATES Are the highest branch of wu"“‘f #_*Pa( e ~