The San Francisco Call. Newspaper, November 15, 1904, Page 16

16 THE 'S AN FRANCISCO CALL, TUESDAY, NOVEMBER 15, 1904. STIR IN DOLBEER WILL CASE/DASILYAFEARS |COOK OF FRENCH VESSEL Mrs. Phillips, Disappointed Beneficiary, Says the Testatrix Was Mentally Unsound. HE IS BETRATED Chinese Bondsmen of Foi- mer Interpreter Surrender Him for Safe Keeping Admits She Sought Bonus From Proponents|ms parrser av vares 4“ | | sel announced her conclusion un- equivocally that Miss Dolbeer was of unsound mind when she made her will on April 23, 1804. The cross-examination opened brisk- ly with the attempt of the proponents to show that the witness tried to force a bonus of $15,000 from the executors, to be added to her beauest of $10,000. George D. Gray, one of the executors, and his attorney, W. F. Williamson, | were the persons she had approached, | and the examination proceeded as fol- i lows: { Did you not on August 8, 1904, at ‘the office | of George D.,Gray, 421 Market street. say in the presence of Gray and W. F. Willlamson that you wanted $25,000, the amount Miss | Warren's mother received, and if you aidn't/ get it you would help out the contestant? | I did hot say I would aid the contestant. I| demand to be exonerated by Mr. William- son. When 1 went to see Mr. Gray, whom I regarded as a lifelong friend, about the mat- ter he asked if his attorney, Mr. Williamson, might not be present. I acqulesced and when Mr. Williamson arrived he remarked that what we should talk about might be used some | time, but that he thought we could agree to hold it confidential SCORES WILLIAMSON. 1 Mr, Williamson assured me that anything I would say would be regarded as strictly con- n nd here to-day It appears that | Willlamson has small honor with his word 1 remarked that I certainly ought to have had as much as Mrs. Warren, whom Miss Dolbeer barely knew. I begged and implored S VUl \,j | [ | T | LLIPS, C DER THE WILL OF BERTHA DOLBEER, WHO TESTI- { ESTATRIX T WHO ADMITTED ON CROSS-EXAMINATION THAT SHE | ) INDUCE THE VE HER $25,000. ; | - . | Mre C ips, bene- |justly and that she ought to have at) Mr. Gray to effect some settlement. I told | ficiars r Bertha Dolbeer's will to s much as Miss Dolbeer left to | that the Johnsons, attorneys for the con- ici i T of Miss W o ok stant, might hear of the testimony I could the amourt of $10,000, declared to the mother of Miss rgen, with whom garding Miss Dolbeer's mental condi- | n Judge ( s e s of was the father f the ess remembere as on he contestants ca om the the wi jury—shoul law of blue. will succession to the and the Mrs cent of the $1,000,000 words ked as if to destr her legacy nd she stated frankly that chief ambition was now to enough for herself and husb; live on. But she had been comp to come to court, she said, s nee on the stand must tell the truth c Miss Dolbeer’s condition, N0 matter the consequences. The proponents were not taken by surprise, however, and in the cross- examination, which was pressed with vigor, Mrs. Phillips admitted that she had tried to induce the executors to .make allowance to her of $25,000. She felt she had been dealt with very un- con- | { Dolbeer, Mi Phiflips would not | testatrix ha barely an acquaint- witness denied that she had threats, although she virtually nitted that she tried to force a set- with the executors. She had over to the camp of the con- however, she asserted. neither bought nor sold: I am miliated,” the aged woman was oved to declare in voice that was quavering ACTED PART OF MOTHER. Mrs. Phillips also testified that Mrs. made 1 tlement not sane when she took her own life in 1879 and that a brother of John Dol- beer, who lived in Massachusetts, was mentally unsound. The court refused to entertain depositions of others in | regard to these matters. ADVERTISEMENTS. Upon the death of Mrs. Dolbeer, John Dolbeer sent for the witness, who thereupon took charge of and con- ducted his household for gix years, tak- ing care of the children, Chase and Bertha, the latter being about two years of age at her mother's death. In the last vear of her life Miss Dol- beer developed much seemed very, much depressed, com- plained of pains in the back of her head and of insomnia. Mrs. Phillips related a number of circumstances ana then in answer to a question of coun- GHIRARDELLI’S FLICKS Dainty little choco- Jates for dainty little mouths. At Confectioners’ and Grocers’. s Dolbeer’s mother, was in- | restlessness, | and compel me to testify, under which | ymstances, 1 said, 1 would have to tell the | h | m neither bought nor sold. I am only | humiliated in this case. Did_not Mr. Williamson peint out to you that !f the will were broken you would get did you not answer that nothing at all and vou could easily arrange that matter with the { contestant, who would do far better by you | than $10,6007 Yes, Mr. Willlkmson did tell me that if the will were broken I would get mnothing at all, bute 1 never said 1 would get anything n the contestant. Not a word was sald that. Mr. Gray said John Dolbeer ought | ve given me $100,000, but he himself could do nothing for me, although he said if { the opportunity should present itself he would speak to Miss Warren about it. Mr. Gray | advised me to talk as little as possible and | not_to go near the Johnsons. | _ Did you not ask him to speak to Miss War- | ren in vour behalf? { X not. 1 deny it. Did not say to Mr. Gray and Mr. Wil- lamson that you proposed to have $25.000, that it was money you wanted and that you would get it? T never sald it; T never said it. 1 did say that the world had gone against me and that in my old age there was nothing left for me | to care for other than money. Mrs. Phillips will be further cross- | examined to-da i NS ENTERTAINMENT | Dances, Songs and Recitations to Be | Given by Professional and Amateur Talent. Much interest is being taken in the vaudeville entertainment to be given by the alumnae of St. Vincent's Col- | lege on Wednesday evening. The| members have worked arduously and | prepared an excellent programme. Music will be furnished by St. Mary’'s College orchestra and holh! professional and amateur talent will| be seen on the stage. | The evening's exercises will be| opened with remarks by Judge Frank | J. Murasky, followed by a barytone solo by James Maguire. Montague | Barton will give an exhibition of toe dancing and recitations will be given by Marie Kenny and little Ethel Priest. Among the professionals to appear are Mme. Caro Roma and Genie Fletcher, who is just now mak- | ing a hit at the Orpheum. Mrs. Mc- | Glade will give a soprano solo, Miss | Genevieve Sullivan a contralto solo and the sweet tenor voice of George Kelly will also be heard. S. Samuels | will display his skill on the zylophone | and Gaelic dancing promises to be one | of the interesting features of the even- ing. The proceeds will be devoted to | charitable purposes. —_—— ! Official Copnt Begins. In the official count of ballots by the Election Commissioners yester- | day afternoon a gain of five votes for | Judge Troutt in the third precinct of | the Twenty-eighth District was re- corded.~ The difference in the official | count and that of the election officers was due solely to clerical errors. The election officers of the seventh pre- cinct of the Twenty-eighth . District and the second of the Twenty-ninth failed to certify to the returns and were cited to appear before the Com- missioners* to explain. —_—— Murine Eye Remedy cures sore Eyes. Makes weak Eyes Murine doesn't smart: it soothes and q y cures. * | $48,7 | pany has been making money. Lee Toy Enjoys Liberty and the Man in Prison Hints at Double Crime H. A. L. da Silva was brought be- fore United States Commissioner Man- ley yesterday by Judson Brusie, agent of a surety company, which had gone on his bonds for $5000 on the charge of importing Chinese women to this country for immoral purposes. Mr. Brusie _wanted to surrender the prisoner and have the bonds released, but Mr. Manley took the stand that the prisoner should be surrendered to | Judge de Haven in open court. Judge | de Haven had already adjourned the District Court until this morning. Da Silva was then taken before United States Commissioner Heacock, who also refused to receive him, and Da | Silva was taken back to the City Prison for safe keeping. “I don’t see why they want to keep | me locked up during the Christmas | holidays, for my trial can’t begin until | January said Da Silva. “I" think| I've been given the double cross.” Lee Toy, who was arrested at the same time and on the same charge, is out on bail. —————————— RUBBER COMPANY ATTACHED BY ITS FORMER PRESIDENT H. W. Goodall and J. H. Bennett Are Principal Stockholders in the Corporation Involved. George Fredericks filed an attach- ment against the West Coast Rubber | Company yesterday for the sum of | . part of which he claims |is the value of stock owned by him in the concern. The rest he says is back salary due him as president and manager. The other stockholders in the company are H. W. Goodall and J. H. Bennett, of the firm of Goodall & Bennett. Goodall makes the fol- lowing statement: “In February, 1902, my partner and | 1, thinking Fredericks knew all about | the rubber business, went in with him | |in the West Coast Rubber Company, at 32 Fremont street. Fredericks was made president. We soon began to think that he was not competent. In | May the board of directors appointed {Don A. Sutherland manager of the concern and found that the com- pany was out to the extent of $19,000. We took steps to remove Fredericks from office. He got an injunction re- | straining that move, but it was after- and | the Since Com- | We suppose that Fredericks' chagrin at the removal inspired his action. He| did not ask us for any settlement or atement. He has advanced to the ward vacated by Judge Seawell we removed Fredericks from presidency of the company. then the West Coast Rubber | corporation about $22,000, and my partner and 1 haye expended about the same amount. Attorney T. C. Van Ness, acting for Fredericks, was confident the matter would be adjusted tisfactorily. e e——— PERSONAL. John McNaught of Liverpool is reg- istered at the Palace. J. E. Stubbs, president of the Nevada State University, is at the Palace. Grant Snvder, a well-known mining man of Kennet, is at the Palace. Adjutant General J. B. Lauck is| down from Sacramento and is staying at the Occidental. . Charles 8. Hardy of San Diego, who is prominent in politics in his home county, is at the Palace. He {s here | for pleasure and to look over the sit- uation as developed by Tuesday’s elec- tion. ¥ ! Jules Clerfayt, local agent of the | Trans-Siberian Railway, has returned | from a business trip to the East, which included a visit to the St. Louis Ex- position. —_— Californians in New York. NEW YORK, Nov. 14.—The follow- ing Californians arrived in New York to-day: From San Francisco—D. C. Bloom, at the Herald Square; W. J. Wayte, at the Hoffman House; C. Bruck, at the Hotel Astor; P. A. Buck and wife, at the Herald Square; L. H. Butcher, at the Hoffma C. A. Cum- berson, at the Hotel Astol *. G. Fol- lis, at the Holland House; R. Green- wald, at the New Amsterdam; Miss H. M. Harding, at the St. Denis; Mrs. J. H. Hemingway, at the Spalding; J. James, at the Ashland House; F. F. Knewine, at the Victoria; C. A. Stewart, at the Gilsey Hous J. M. Vermeher, at the Astor House. From Santa Rosa—J. C. Kinslow, at the Grand Union. From Los Angeles—E. E. Fraser and E. T. Fraser, at the Hotel York; | Mrs. A. F. Rose and Miss B. A. Rose, at the Navarre; Miss F. L. Shaw, at the Hotel Astor; F. Shurt- leff, at the Woodward. i S Sl Californians in Washington. WASHINGTON, Nov. 14.—The fol- lowing Californians arrived here to- day: . At the New Willard—George Hooke and wife, San Francisco; Mr. and Mrs. Button, E. G. Green and Calvin Green, Los Angeles; E. M. Winship and wife and Miss Blanch Beamer, San Francisco. At the Raleigh—H. K. Hall, Mr. and Mrs. Daniel Murphy and Miss S. Sinnott, Los Angeles; H. S. Shelbon, San Francisco. —_————— Reaches Port Short of Food. MARSHFIELD, Or., Nov. 14.—The whaler: William Bayless has arrived from the north short of fuel and pro- visions, having but fifty pounds of { flour with which to feed forty-eight men. She had on board 10,000 pounds of whalebone and 400 barrels of oil. . All on board were well. —_—ee—————— A Liberal Store. A coupon worth from 25c to $7.50 free is the remarkable holiday offer of the Great American Importing Tea Company, whose ad. appears in to-day’s paper, e —e———— Held Up Near Vallejo. VALLEJO, Nov. 14.—Last night Fred Lehmann, a resident of this city, . was held up on the Napa road. He was stabbed three times in the arm and shoulder by an unknown man. Lehmann was stopped by four men, who demanded his money and watch. One of the gang used a knife to en- force the demand. Lehmann will re- cover. 4 —_—————— Some swell invitations come from Edward Knowles Co., 24 Second st., nr. Market. 2 | ment of that. | was thus honored. SHOCKS SKIPPERS. Diolates a Cherished Usage ‘v With tongue, hands and shoulders simultaneously expressive of indigna- tion, three French shipmasters in turn informed Police Judge Mogan that the charge of assault with a deadly weapon was not the most serious ac- cusation provoked by Gaston Sentiell, cook aboard the bark Guetary. In addition to brandishing a large and sharp knife and slightly wounding | Captain Charles Sawtrell of the bark Marguerite Dollfus, they averred, the | defendant had committed the less | pardonable offense of deliberately vio- | lating that code of hospitality which is cherished more than life itself by every true Gallic son of the sea. The knife-flourishing — aye, even the blood-letting—might be overlooked, but the attempt to extort money from those who were invited guests of his captain—there could be no condone- It is the wont of the French master mariners in port to assemble for so- cial intercourse each Sunday after- noon aboard some vessel flying their nation’s flag. Day before yesterday the Guetary, moored to the Filbert-street wharf, With pipe and glass and yarn and chanson the skip- pers were hugely enjoying themselves when Gaston, the cook, suddenly shocked the amenities by demanding that each gentleman present hand over to him the sum of 50 cents. When the guests recovered sufficiently from their astonishment to realize that the custodian of the galley was not joking they advanced upon him as one man to wreak punishment for hig outrageous breach of the keystone principle of seagoing soclal usage. "Twas then he drew his knife to de- fend himself. Captain Sawtrell, in the vanguard, had a small slice of cuti- cle removed from his hand ere the cook was disarmed and turned into the custody of a harbor policeman. Gaston pleaded that he failed to see his offense in the light of enormity cast upon it by the prosecution. *Zey eat an’ zey dreenk an’ zey has ze dam ,"" he said, “while I do all ze Sacre! Vy should not al-so 1 has ze good time? I has not ze monee an’ I ask for ze feeftee cent. Pouf! Zey try to keel me. I de-fend mineself. Vy not? Eh2?” The question will be judicially an- swered next Friday. . 5 - After four female adults had suc- cessively talked until Judge Cabaniss silenced them, Miss Kate Robbins as- cended the witness stand and tempo- rarily dumfounded the court by an- nouncing that she had nothing to say. When the Judge falteringly asked her why she had nothing to say there | came no answer and there was won- | der mingled with the admiration ex- | pressed in his Honor's glance as he told her she might step down. Mrs. Kate Reardon, relict of a po- liceman and occupying the second story of 522 Capp street, was accused by Mrs. Hattie Hinkle, her downstairs neighbor, of maligning character. Miss E. Hippenbacher also complain- ed of having been slandered by Mrs. Reardon. Of all the ladies Miss Rob- bins was the only one afflicted with reticence. The case was dismissed. - iy B Mary Napoleon, accused of vagrancy and sentenced to thirty days’ impris- onment by Judge Fritz, confessed that she had adopted the surname, not be- cause she was of French nativity or even descent, but because it had a nicer sound than either her maiden name of Budd or her husband’s cognomen, which was Mack. “For what's the use,” she asked, “of a girl having an ugly name when there are so many nice ones to pick from? P Mrs. E. C. Campbell of 119 Jones street, whose 14-year-old daughter, Lo- rella, was shamefully treated by 20- year-old W. A. Proll of Oakland, was averse to making formal complaint be- cause of the undesirable notoriety it would bring upon the girl and herself. Judge Mogan, however, considerad the case too serious to be thus disposed of, and informed the woman that if she did not prosecute the defendant the po- lice would do so, as the evidence showed that his betrayal of the child was un- usually reprehensible. On pretext of taking her to the theater last Saturday night he enticed her to Golden Gate Park. Finally the mother consented to swear to a complaint and the case will be heard to-day. The girl's father is ip Alaska. Kate Atherton and May Harris be- came so mutually attached while in the County Jail that they decided to con- tinue the sisterly relationship when re- stored to freedom, and a few hours after their release last Saturday they were arrested together for drunkenness. Kate, being the oldest offender, got six months from Judge Fritz, while May's punishment will expire at the end of thirty days. John Preston, a barber, created so much confusion while he was at work last Saturday evening in Mose Harris’ tonsorial parlor, 250 Eleventh street, that he was arrested for disturbing the peace. In jocular spirit, alleged to have béen of alcoholic inspiration, he shout- ed “Next!"” and when response was made by one of many waiting custom- ers he laughed heartily at the ensuing | embarrassment, as no chair was emp- ity. It was also testified that he| “sassed” his employer and “joshed” the helpless ones who fell into his clutches. ‘When he expressed sorrow for what he | had done and promised to abstain from repeating his unprofessional conduct Judge Mogan dismissed him. ° € TSR Charles Rupert of 20 Sutter street, Joseph Meyers of 105 O'Farrell street and L. Allen of 101 Ellis street will be tried before Judge Mogan next Friday | on the charge of poolselling. ' P S John T. Brennan, a fish and game peddler, permitted his spirit of enter-| prise to override his sense of discretion| when he sold “suckers” to an unsophis- | ticated housewife by representing to| | her that they were mountain trout. The | fraud was discovered, he was arrested { and Judge Fritz gave him thirty days. | The prosecuting policeman hinted that | Mr. Brennan was also strongly suspect- ed of having palmed off sea gulls as wild ducks. Mrs. Josie Ingersoll. absconded with $35 worth of black silk goods belong- ing to her landlady, Mrs. E. J. Paulson of 32 Fell street, and then deposited the | stuff with Mrs. Green, a dressmaker at | 20 Fell street, with instructions that it be made into a dress of the latest fashion. Mrs. Paulson discovered her loss and had the silk seized on a search warrant, but neglected to pursue Mrs. Ingersoll for the theft, and Judge Cabaniss ordered that Mrs. Green com- plete the costume, sell it to the highest | bring desired result. BEGS MONEY FROM MASTER'S GUESTS BY JAMES C. CRAWFORD. —— bidder and hand over to Mrs. Paulson whatever money might be received for it over ‘and above the cost of dress- making, which must not exceed §: Charles Moore, Willlam Kirby and Frank Quarn, infantrymen, violated sections 6 and 11 of the rules and regu- lationg of the Strasburg dancehall by mocking the floor manager and sprink- ling beer dregs upon the piano fighter. Roundsmen Skain and Holmes mag- nanimously refrained from charging the defendants with resisting arrest, but for belittling the dignity of the | caller-off and the instrumentalist Judge | Mogan fined the soldiers three $5 aplece. W o H. Katchkuri, a gigantic Japanese, had three of his compatriots down and out and was lulling a fourth vne to sleep by battering his head against a curbstone on Dupont street when a policeman stopped the fray- An in- terpreter explained that the fight de- veloped from an oral dispute as to| whether Japan should sue for peace while Port Arthur is virtually within her grasp, Katchkuri taking the affirm- ative. Judge Fritz fined the defend- ant $10. Judge Mogan sent four defendants to the Superior Court, with bail in each | case fixed at $500. They are Mrs. Fran- | ces Delphian Forsyth, who fatally shot | the Japanese proprietor of a Montgom- ery avenue shooting gallery; George | Fzrmer and J. H. Umbach, who stole a | quantity. of clothing and jewelry from | J. H. Glocker at 2 Eighth street, and James Michens (colored), who pilfered a watch from a room in a Pacific street lodging-house. . . Mamie Jackson, a waitress, informed | Judge Fritz that she was tired of sup- porting in idleness one David Robb, | who once was a waiter, and Judge Fritz transferred Mr. Robb's maintenance | from the complainant to the county, in whose prison he will spend the next six months. | e Miss Aileene Hill, who accused To- maso Felepedas, her recreant para- mour, of vagrancy, testified he was kind to her while she was ill and un- ' able to pursue her vocation of an aec-| tress in “continuous,” but he seemed to abhor manual toil, the only honest means of money-getting for which he was qualified, and had a weakness for helping himself to the contents of her pocketbook. With intent of weaning him from that pilfering habit by redue- ing its necessity she escorted him to the Union Iron Works and emotionally pleaded that he be given employment, but although her appeal visibly im- pressed several foremen it failed to Judge Mogan will hear some more of Miss Hill's troubles this morning. . Thomas Maloney, a racetrack hab- itue, was trying to smatch forty winks in Union Square when the drowsy god was routed by C. D. Kelly, an ex- pounder of political economy, rehears- ing a speech which he intended to de- liver to an assemblage on Grant ave- nue. Mr. Maloney abandoned his bench and smote Mr. Kelly's face with a clenched fist. The assault was wit- nessed by a policeman, also of the name of Maloney, who pressed the charge of battery so firmly that Judge Fritz fined the defendant $10. ——e—————— DREDGE ING CAUSE OF ARGUMENT IN NORTH Citizens of Marysville Call Meeting to Discuss Question of Great Importance. MARYSVILLE, Nov. 14.—A public meeting has been called for Saturday afternoon at the City Hall for the purpose of considering the dredge mining question. _George Hutchins, Howard Reed, T. B. Hull, B. F. Wal- ton and Cline Bull, all prominent farmers of Yuba and Sutter counties, signed the call. If sufficient cause is found legal steps to stop this method of mining or place it under restric- | ticns will be undertaken. It was here the fight against hydraulic mining | started. The people are apparently | not yet very decided whether dr?dgp‘ mining is injurious, but the steps now being taken are expected to settle the | matter. \ Recently several million dollars | were invested by capitalists in dredge | mining lands along the Yuba River, from four to nine miles east of Marys- ville, where vast quantities of gravel and sand from the hydraulic mines | filled the old river channel. To get at the former channel the dredgers, moved all the accumulated debris. It is feared by some that much of this debris will drift down stream and add | Upon your ADVERTISEMENTS. 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