The San Francisco Call. Newspaper, November 2, 1904, Page 14

THE SAN FRANCISCO CALL, WEDNESDAY, NOVEMBER 2, 1904. MANY POISONED BY ICE CREAN Healtli Officials Find the| Cause of Sickness at Pres- entation - Convent Jubilee e TESTS DEVELOP GERMS; One Half of the Assembled| Guests Succumb to Eating | Pink Variety of the Dish | P — | | of sickness among one | & at the golden jubiiee cel- e Sisters of the Presenta- | on October /18 last was | sterday to be due to poisoned jed by a local firm for of the icecream, an- mical and bacteriolog- | Chemist A. C. Bothe logist Frederick C. at the icecream con- | | ctive germs and a bacil- s, which were iden-| | ro-toxicon poison. | g of the jubllee celebra~ high mass was cele- Church, the preach the sermon. guests repaired to the r was served. a e stricken. Many Mary’s Hospital, | | s in carriages, | | at the convent| | physicians hur- here were no fatal re- many are sick even to “ 8 Deputy said the additional icecream s the The action against the the poisoning Sisters Officer Levy, who f had taken e event th of W - report Deputy s working r whether to eat. The the firm’s not h boiling water au- re NOW TV use the : i am o ————— FAMILY WITNESS CORROBORATE TESTIMONY ut- CHEW Bing Quoia Tells and of Slave Purchase. Chew Chew Ming. nd said he ina when Quoia He described the ed three days, in ’ ] s he was prese p bought G sen sent t of Ng Shee.” He and ‘was positive court was the —_—————————— insane . Finn Deported. nt Inspectors | s ( la T York 1} Juho 3 X 8 » by using Lash's 2 er Bitters . cu et — Injured by.a Fall E C E who was slightly un- @er pence of jnto: s, fell d s of stai his resi- - Z es which may té nate y he fall produced a frac- 1 of his skull, two broken .wrist lac s of the scalp and a| tie brok | e e { Burnett's Ectract of Vanilla—In purity strength pre-eminently superior. * - Charged With Burglary. Timc Law years of age ¥ morning nd Grunwald and | v Prison oh a .charge accused of entering pl, in the Ahl- Grant avenue, and NO CHAMPION FOR THE MATOR loom for Special Speaker | The Merchants’ Association has de- clined to change its dinner programme at the behest of Mayor Schmitz. Mayor hav asked defend tors of cede is | Hon u fairs is largely ers whose experience what tney prim it sirab cf this < a subject arrangements and the speakers already CHANT! ANDREW M. DAVIS, President L. M. KIN F ——.——— When 11l with pains and exhaustion Parker's Ginger Tonic is your surest relief. Parker's Halr Baleam alds the hair growth.s —_—————— SUES FOR DAMAGES.—H. Jobann Becker day begun suit against the United Rafl- for damages In the sum of $25,560 for e5 alleged to have been sustained by his horse and himself in a collision with a car. The collision occurred on November. 11 of jast at the corner of- Ocean and Holllday | avenues. Association Po- to Make Declines | ——— | The that .he be allowed to | an offical representative among | peakers of the evening who would | the municipal anticipated the a his administration attack. The direc- socjation decline to ac- request in the following | to his Honor yésterday: October 31, 1904 | of San Francisco, ty Hall— ( r letter of the 20th inst. has board of directors and | nication -would seem to imply uncement of our annual dinner’” > of add scheduled ivalent to an ‘‘open d attack upou ‘'the San Fran- trully to say annual din- Citizen's Duty- at gramme of addresses are felt by you to against “‘the present | ation of San Franelrco,” regret. The speeches e to deal with the citizen's city, what a_good citizen ¥ of practical politics and the itizen at the primary elec- | been charged and admitted | d other citizens inter- | nt do not take as active | and general eiections | that this conditon of af- for many abuses oc- amme at this dinner n a greater interest among our to inform them, through speak- qualifies them to do so, , aid good government at elections, and how to do -minded citizen questions the de- and there can be no debate for the evening are provided | the time avallable, the board t any change can be made in me. Respectfully, ASSOCIATION OF SAN 500, 3, Secretary. ADVERTISE Children’s joys include toothsome FLICKS Deliciouws. Nourishing. | daughter of Colonel and Mrs. Draper, | gracing the eloth, while soft red shades f] . HIZIIER 5, | “ g i | THREE GUESTS AT THE DINNER | AND DANCE GIVEN IN HONOR | OF MISS DRAPER. +> By Sally Sharp. If not for debutantes, for whom, then, do roses grow? And who, pray, more than a debutante loves roses?—for they breathe of life and love and joyousness, the three eternal gema of youth. And thus it was last night when pretty Elsa Draper received the hom- age that is the due of a debutante— and a fair one—in a bower of roses. Few maids are honored as was this for in glad bumpers at a royal good dinner was her good health drunk— and her future. For rarely does the Bohemian Club red room know smart- er dinners than that of last night, with roses red of cheek and sweet of breath sent abroad a glow of ruby warmth. Mrs. Draper presented her daughter, fair to look upon in her diaphanous frock of white, and both received, un- assisted. After the dinner, to which thirty-five guests’ had been bidden, came the dance—the rarest joy as yet unfolded to the debutante—the blessed dance. And to this over one hundred invita- tions had been isued, among which were: Miss Elsie Dorr, Miss Florence Gibbons, Miss Gassaway, Miss Maud Payne, Miss Alice Treanor, Miss Mabel Watkins, the Misses Charlotte and Emily Wilson, Miss Mabel Luce, Miss Ethel Short, Miss Alice Miller, Miss Etelka Williar, Miss Burnie Owens, Miss Dorothy Dustan, Miss Edna Davis, Miss Florence Yates, Miss Sibyl Hodges, Miss Edith Redding, Miss Alice Andrews, Miss Elsle Clifford, Miss Edith Berry, Miss Febiger, Col- onel and Mrs. Andrews, General and Mrs. Austin C. Coolidge, Mr. and Mrs. Harry Willlar, Miss Gertrude Russell, Miss Ursula Stone, Miss Edith Maus, Miss Corbin, Miss Erna Hermann, Lijeutenant and Mrs. Clarence Carri- gan, Edward M. Greenway, Ralph Rey- naud, Hugh Owens, James Cameron, Cook-Duval Moore, Herbert Jones, Paul Jones, Dr, James Pressley, Mr. Green, Leslie Harkness, Mr. Barber, Mr. McCou, Philip Paschel, Mr. Her- rick, Dr. and Mrs. Spaulding, Joseph King, Enrique Grau, Mr. Hall, Mr. Scutton, Jack Polhemus, Mr. Hale, Mr. Bates, Mr. Corbusier, Sidney Pringle, Mr. Allen, Mr. House, Mr. Chandler, Charles Ellingwood, Dr. Verge Sweazey, Captain Faison, Captain Frank L. Winn, Mr. arrison, Mr. Davenport, Mr. Barton, Mr. Shawl, Mr. Ord, Jerome Landsdale, Percy King, Dr. Hoag, Arthur Owens, Mr. Fenni- more, Dr. Crittenden Van Wyck, Mr. Brown and Miss Draper. And thus, to sweet music, the dance was on and merry young hearts beat high with joy—for where else in all the world can such joy be fo e joy that beats in the heart of a happy young girl? And may it never be dim= med by the long gray shadows of earthly things, nor by the prognosticad- tions of warped cynics! & e Retail Clerks Hold Meeting. The Retail Clerks’ Association met last night in the Alcazar building for | the purpose of bringing the clerks of | different unions together and combin- ing their strength in a general body. Emma Lamphere of Chicago, general organizer of the Retail Clerks' Asso- ciation, addressed the meeting. She re- viwed the present conditions of thel retail clerks and told them of the ne. cessity of consolidating. There were other speakers. WINSOME MAID_ENTERS SOCIETY NEF, In Bower of Roses Muss Elsa Draper Receives Homage Due a Debutante. MISS DOLBEER ENTIRELY SANE Dr. Gibney 8dys She Gave No Signs of Lack of Mental: Balance asFar as He Knew NEW YORK, Nov. 1.—The hearing | before Commissigner Robert P. Lee, | appointed by the ¢ourts of California to take the testimony of New York witnesses in the suit brought in Cali- | fornia to set aside the will of Miss | Bertha M. Dolbeer, who was killed by | falling from the ninth floor of the| Waldorf-Astoria Hotel last July, was cogtinued here to-day. Dr. Homer Gib- | ney was the only witness. He testi-| fled that he was well acquainted with | Miss Dolbeer and also with Miss Etta | M. Warren, her friend, to whom Miss | Dclbeer. in her will left a large part| of her fortune. He said that he had | known Dolbeer two years inti-| mately and had had letters from her, although not a regular ¢orrespondent. | He had been intfeduced in 1902 at the | home of a mutual friend in San Fran- cisco. ° The aequaintance beginning then continued until Miss Dolbeer’s death and the doctor said he consid- | ered that he knew her very well. He regarded her as perfectly sane and in normal health during all that time. Dr. Gibney said that he was not an insanity expért, but was willing to | declare that Miss Dolbeer was per- fectly sane; that there was absolutely | no difference between her demeanor | when in New York and when he first | saw her., He said that she had never | been morose, peeyish or melancholy. On cross-examination he admitted | that people may be perfectly normal at times and insane at others. He said this might have been true in Miss Dolbeer’s case. Dr. Gibney said Miss Warren never told him that Dolbeer had com- mitted suicide. hat she told him was that they.had been together in their room talking of going out for a drive, the weather belng oppressively hot. They then went into the hallway and walked up and down slowly. At Miss Warren's suggestion and because they thought it would be cooler, they went back inte‘the room. Miss War- ren thén went Into an adjoining room. A few moments later Miss Warren thought she heard the door slam and | the large and inc o+ * | The result is as | N P { not know—but it seems not improbable, | one great evil resulting from this unfortunate TRIBENALS. IR NECESSARY Chief Justice Beatty Gives Reason for the Need of Distriet Courts of , Appeal e WOULD OBVIATE DELAY ‘Work of Supreme Bench Two Years Behind, Owing to the Increase of - New Cases Several days ago W. 8. Goodfellow, chairman of the committee of the Bar Association, wrote to the Hon. W. H., Beatty, Chief Justice of the Supreme Court, in relation’to the proposed con- stitutional amendment for the crea-, tion of District Courts of Appeal. The communication requested the Chief Justice’s views on:the question, which, it says, is of grave public importance, with a’ view to furnish-information to voters not conversant with the meas- ure. In reply Chief Justice Beatty “mL the following letter: SAN, FRANCISCO, October 31, 1904. W. 8. Goodfellow, Chairman of Committee, San Francisco Bar Association— Dear Sir: for an expression of my views regarding the proposed amendment to the constitution estab- Iishing District Courts of Appeal I cannot with the time at my disposal enter into details, but must content myself with a general statement of the reasons why, in my opinion, the people of the State would act as wisely in adopting the present amendment as they did in rejecting the | amendment proposed four years ago. The necessity of providing tribunals for the enforcemen< of private rights and the redress of private wrongs as well as for the punish- ment of public offenses is universally recog- | nized. It is perhaps not so generally recog- nized that justice delayed is in many instances justice denled In the case of the private liti- gant, and that undue delay in criminal pro- ceedings ‘Impairs the efficacy of penal legisla- tion, but those who have the best opportunities of observing know that such is the fact. Assuming, then, that few desire (what no one has proposed) to abolish ‘the right of ap- peal in those classes of cases, clvil and erimi- nal, in which appeals have been allowed ever since the first establishment of our State gov- ernment, and recognizing the fact that until some radical and utterly improbable change i made in_our fundamental law, appeals will continue to be taken with the effect of holding in suspense the rights of private parties, and the punishment of wrongdoers, until they can be finaily disposed of, it is a matter of grave concern that the Supreme Court of the State has been for years steadily falling behind with its work untll now an ordinary civil cause cannot be heard, much less decided, until more than two years after the record has been sent up. 'The ~preference given to certain classes of cases—criminal, probate, election and eminent domain—only makes matters worse for the others, and if the court did npt feel constrained in the exercise of its discre- | tion te make special orders advancing the hearing of cases ut peculiar hardship the in- evitable delay would resuit in an absolute fail- ure of justice. Appeals to this discretion are, however, a precarious and insufficent remedy | for a growing evil even as things are, and as they are progressing must soon cease to afford adequate relief. i So far as I have observed this unfortunate condition of the business of the court has not been attributed to any lack of industry- on the | part of the Justices, and yet from the first organization of the present court they have never been able, unassisted, to keep its dock- | ets clear, It was in 1885 that the assistance of three Commissioners was found necessary, | and not long afterward this number was in- | creaed to Ave. For a time, with their help, | the court made some gains wpon its arrears | and If the business had not largely increased | it might at least have kept even. But its business has increased in full proportion to the growth and. develop- | ment of the State, not only in the number_pt appeals and original proceedings, but in ihe complexity and difficuity of the questions pre- sented for solution. - This is especlally true of | sink class of cases arising puted watér rights. out of d years behindhand, and new cases are coming in faster than the old ones can be decided. It s asserted—with how much truth I do that conditfon is that it encourages appeals for nc Durpose except for the consequent delay and the opportunity of fdrcing the compromise of just claims' by litigants who cannot afford to walt. In criminal cases there is no doubt that appeals are often taken for delay and as Mttle doubt that such appeals are a source of heavy expense to the counties of the State besides the added expense indirectly - resulting from the impaired efficiency of punishmient long de- layed as a means of deterring others from the Con‘u'nh!lon of offenses involving the like pen- alties. So much for the evils of the situation. That the proposed amendment if adopted would af- ford an adequate remedy ters have been under discussion, and various plans for relief have been thoroughly consid- ered. To every plan suggested there have been objections more or less substantial or plausi- ble. The plan proposed four years ago and defeated by the people was, in my opinion, open to grave objection, and the voters of the State were well advised in_ refusing to ratify it. The present plan avoids those objections and is recommended by experience of the suc cessful working of substantially the same amendment to the Federal system, and to the constitutions of some of our sister States. It is undoubtedly the best plan so far suggested that hes the least chance of success either in the Legis defeated leaves the situation hopeless of relief. The objection that it involves some Increase of expense is an objection which applies with | equal force to every scheme ever proposed— except the plan of limiting the right of ap- peal, which has thus far met with no favor. But' this obfection is exaggerated. The ad- ditional outlay might easily be kept within $60,000 per angum, and this would be largely compensated by the diminished expense to ths counties in criminal prosecutions. But if there ‘were no such compensation the speedy ending «of private controversies would be well worth the entire cost. The further objection that litigation would ! be protracted by 'second appeals from the district courts to the Supreme Court is, I be- | lieve, fllusory. No doubt there will be pe- titions for rehearing in the Supreme Court after decision by the district courts, but there is no reason to suppose that such rehearings will be allowed in any larger proportion than ADVERTISEMENTS. went to investigate. oing through the door her dress caught in some- thing and she had to stop to unfasten it,» She got out just in time to see Miss Dolbeer vanishing from the win- dow. 5 Dr. Gibney said he had never form- ed the impression that Miss Dolbeer committed suicide, had not so re- ported to the police and never used the word aulcidfi.jin connection with the case. % Mr. Reilley then read from the rec- ord the direct examination, in which the doctor had referred to the case as “suicide.” .Dr. ney said this must have been a mistake. © A New Art Gallery. | 'We have converted our picture room | into & beautiful gallery for the exhibi- tion and sale of moderaté priced paint- ings, water colors, ’;;utels. etchings and fine photographs. nspection cordially invited. Sanborn, Vall & Co. . ——————— Seeks Damages for Dog Bite, The suit of Henry Barton against Mary J. White for $299 damages zl- leged ‘to have been sustained as the Fox Stoles $15.00—$16.50 $18.50—$20.00 and $25.00 result of being blttezlh:x‘l‘ tthe a:nnd by a dog belonging to. efendaat was .tzréhl vesterday before Just:ce the Peace mn. As all (he wit- ol A mass-meeting of the Jourmym;x: I'ne-u in the case were not prasent it butchers and their families will held at Carmen’s Hall, 310 O'Farrell ch 2 L street, to-morrow night for the p pcse’ of listen to ad m prominent uni resenta 03: F was agreed to set it for trial at some future date. In complylng with your request ' I have little doubt. | Jt is now about twelve years that these mat- | ture or before the people, and if | AD O 80 Inches Wide, hi lig | | material; exera high luster; shades of brown, champagne, 'CONNOR, MOFFATT & CO. New Dress Goods, Chalys and Samite. IMPORTED. FRENCH CHALYS Neat, small designs in floral effects, with here a wreath and there a garland—dainty bits of femininity, as it were. They are here in cream, blue and pink . harmonizing perfectly. Suitable for misses’ and children’s wear, house gown, kimonas, etc. We call particular attention to the following lines of Dress Goods, which will be found to be the newest and most fashionable materials for street and evening wear. CHIFFON EOLIENNE A new imported French fabric; soft and clinging texture; hly finished in shades of browns, champagne, tan, helio, ght and royal blue; ALSO BLACK. ¢6 inches wide sz.m ydo CREPE SAMITE An entirely new and very popular crepe weave in 2 silk ¢5 inches wide s I .75 ydo CHECK SUITINGS A new line of imported all-wool green and blue Rob Roy and Shepherd checks; a splendid wearing material, very much in demand for shirt-waist suits. g0 to 44 inches wide $ l .00 yd 60 Cents. rounds—colors will not crush or wrinkle; gray, royal and navy blue. NOTE-Mail Orders Promptly Fllled. New Furs, ? Our stock of Fur Neck- ‘wear is com- plete for the fall season, - fine Feather ' com prising ~EFPORATE, Boas'in gra¥, all newest [ black, white 2 and natural, shapes. from 40 to Prices from 21 P S > $150 to 111 to 1 ost Street. $1050 to $35.00 each $35.00 cach G Feather Roas. We ars showing a beautiful as- sortment of | in the causes decided by the departments of the Supreme Court. The experience of many years has shown that petitions for rehearing in this court are flled in somewhat less than one-third of the cases decided, and that they | are granted in about one case in twenty. The unanimous decision of a district court will carry no less weight and command no less respect than the decision of a department of the Supreme Court, and If so there will be as few applications for review and as few granted; that is to say, a rehearing would be granted in about one case in twenty, ‘and those no doubt would be cases of general in- terest to the people of the whole State. Other objections, so far as I have observed, are less substantial than the two which I have found time to consider. In concluding this hasty and isadequate dis- cussion of a question so important I feel war- ranted in stating that it is not only my opin- fon but the firm conviction of each of my as- | sociates that the amendment in question is | wisely framed, is necessary, and deserves the | support of the people of the State. 1 hope sincerely that they will manifest their ap- preciation of your efforts to provide a remedy | for a crying evil by Vnfll;ll for its ratification. main, yours respectfully, 5 ? » W. H. BEATTY - STOLEN JENELS | Mrs. Grace Squire, Arrested for Burglary, ApparentLy an Old Hand at Business| —— | The suspicion that Mrs. Grace Squire, | arrested on Monday afternocon on a charge of burglary at 123 Taylor street, was not a novice in the business was partly confirmed yesterday afternoon. What gave rise to the suspicion was the large quantity of jewelry which she carried in a 'chamois leather bag. | Yesterday afternoon Mrs. Charles ' Oldag, 1291 Turk street, called at police headquarters and was taken to the property clerk’s office where the jewel- ry found upon Mrs. Squire was" kept. i It was shown to her and she at once picked out a diamond ring, stick pin and diamond sunburst as her property. They were stolen from her apartments on October 20. Strange to say about $200 worth of jewelry that was in the same box with the ring and pin was not taken. Mrs. Oldag will swear to a complaint charging. Mrs. Squire with b‘:fl‘.‘wwmeus of the Hotel Neth-| erlands also called and identified a | | handkerchief as her property. It| was stolen from her in the Emporium on October 9, with a purse containing two $50 bills and a gold watch. Two $50 bills were among the money found | upon Mrs. Squire, but Mrs. Willetts could not swear they belonged to her. Neither of the watches found on Mrs. Squire was identified by Mrs. Wil letts. Other women who have lost jew- elry will be asked to call at head- quarters. Mrs. Squire’s husband has a mine about eight miles from Downieville. The family has lived there for years, but nothing has been heard against Mrs. Squire’s reputation while living there. Detective Bainbridge had a con- versation with her yesterday morning and he confesses that she is a puzzle | to him, notwithstanding his long ex- perience with criminals. S Mrs. Squire appeared in Police Judge | Cabaniss’ court yesterday morning on | the charge of burglary for entering the room of Mrs. Verlie Campbell, 123 Turk | street, on Monday afternoon. The case was continued till Saturday and she was released on $500 cash bail. She was immediately rearrested on another charge of burglarv. Mrs. H. Wallace, who lost $5000 worth of jewels from her apartments {in the El Cerrito apartment-house at the corner of Larkin and Washington ' _ streets a few days ago, visited the po-| | lice station last night. She came with H Detective Dinan in an attempt to iden- tify Mrs. Squire. * | Mrs. Wallace failed to recognize ! Mrs. Squire. She will come to the Hall of Justice this morning to see whether any of the jewelry found on | Mrs. Squire belongs to her. The prop- | erty was in the property clerk’s office | last night and could not be seen. | The police last night intercepted a ' telegram received in answer to one gent by Mrs. Squire Monday to her husband at Downieville. Mrs. Squire’ . message read, “Come at once to city; .am very sick.” The reply was signed /by the operator at Downieville, who | ]| said that it would cost $7 to delivar the te] m to Mr. Squire, as he was | some l:h‘t':nca in the country. CAPTAIN JOHNSON MUST TAKE ENFORCED VACATION Given Sixty Days’ Lay-Off for Allow- ing the Coos Bay to Strike Bottom. The license as pilot master held by Captain M. C. Johnson of the steam- ship Coos Bay as suspended for sixty days yesterday by Captains O. F. Bolles and John K. Bulger, United States local inspectors of. steam ves- sels. The Coos Bay struck bottom near Cayucos, California, on October 23. The findings of the inspectors are as follows: After a_careful conslderation of the evi- dence we find that Captain M. C. Johnson was negligent and unskiliful In navigating the steamer Coos Boy on October 23, in that he did not use proper precautions in approach Ing the port of Cayucos before daylight, whici is difficult and dangerous, as there are sunken | rocks there which when the sea breaks heavily, and in relying entirely on the sound of the bell buoy to locate position of the steamer, especially as there was a strong northeast wind blowing, which would have a tendency to make more uncertain the direction and distance of the bell buoy from the steamer. Had he used his lead, stopped the vessel a ance off and waited for a rlight he could have tered the port safely ADVERTISEMENTS. _ : Record Cofi'ees Breaking O 35 & 40c Coffees are so good that you will want more. Fresh Coffees 15, 20, 25, 30 cts. We are giving Free 3 Double Premiums. Come early _ just to look. Great American Importing TeaCo. 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