The San Francisco Call. Newspaper, November 17, 1904, Page 16

SCO CALL, THURSDAY, NOVEMBER 17, 1904. WHITTELL HOME 'GONTESTANT OF the Dolbeer Hearing Cut Short DR JONN W. ROBERTSON WITH HIS BRIDE Millionaire’s Son, Who Mar- ried Young Actress, Seek- ing Peace With Family MAY RELENT FATHER Plea for an Allowance Is Granted and Newly Wedded Pair Feel More Hopeful George Whittell, son of the well- known capitall Josie Cunningham, the actress, brought upon him paternal wrath and who mar- ried the young woman recently in New York city, has returned to San Fran- isco w his bride and has already be- gun (o seek peace with his family. Mr. anéd Mrs. Whittell arrived from New York several days ago and are occupy- ing apartments on Geary street. Young Whittell's departure from San ncisco several months ago was at- ended with considerable speculation on part of his friends as to whether would abandon the vretty woman who had been directly resnonsible for breach between himself and his n father. It was no secret among his friends that his trip to Europe was arefully planned by his father with a ew ntion of marrylng Miss Cunning To safeguard against a matri nial alliance Ray Baker of Oakland nt along with young Whittell as »anion and from all accounts re- ved from Paris the pair had a gay | e in the French canital. Baker, om time to time, reported to Whittell that the son’s infatuation for Miss being rapidly di- Apparently, however, Baker, shrewd he is accredited with being, was de- ved by George Whittell, for one day atter suddeniy disappeared from and the next that Baker learned rge was that he had crossed Atlantic and had quietly married Miss Cunningham in New York city. e then Baker has been in Paris re- a violent attack of and Mrs. Whittell quietly San Francisco a few days ung husband called upon f his friends for counsel, and apon their advice, opened nego- ns with his parents for a recon- Just how far his effort has not generally known, but to believe that the ring to weicome his son ie. According to ad- y young Whittell, his allowance have not been father and as evidence has exhibited wads of substantiate his claim is not entirely relent- n issue orders to the kiil the fatted calf and prnia street mansion i prioting see Edward near Market. ¢ society Adds New Members. ifornia Society of the s American Revolution last ening following were elected W. Sanderson, Super- s red W. Williams, secretary ove Company: Charles ted States du- ster e hats. 1904, ‘ust arrived. nobbler then ever. Tom Dillan & Co.. opp.Palace’ lnttinallu ol ats Funeral of Late Judge Rutledge. Nov. 16.—The fu- 1 omas Rut- St. Rose's Cassin of- ADVERTISEMENTS. BEWARL Of 2 cough, especially of infants and delicate children. Don’t wait until the cough becomes hard, the throat inflamed and the lungs and bronchial passages congested. Avoid cough remedies that contain opiztes, stupefying drugs and dan- gerous anodynes. hey only quiet the symptoms—drug the cough into silence—but that is not curing. A weak place s left to cause trouble later. A remedy wust be used to subdue the in- fammation, stimulate the secre- tions, soothe and heal the irri- tated' membranes and cure . the cough to stay cured. I ——— Irisk: Moss Cough Balsam is such a remedy. It enjoys the indorse- ments of many physicians, who use it in their daily practice. Sold Ey ¥cur druggist’ at 25c and soc ottle. Perfdct Fitting Eyeglasses ki Moterate Cost 642 "TMARKETST CURE SICK HEADACHE. whose infatuation for | of disabusing his son’s mind of | \g of the board of man- | WILLCLD SES HIS CASE :Festimonu in OoR. . E.LUSTIG | | | + - - - s o | THREE PHYSICIANS WHO TESTIFIED Y ESTERDAY AT THE TRIAL OF THE DOLBEER WILL CONTEST IN JUDGE COF- FEY’S COURT THAT A P W ITH SYMPTOMS ALLEGED BY THE ( T AS HAVING BEEN SHOWN BY | | MISS BERTHA DOLBEER WAS OF UNSOUND MIND » £ " > MUST ESTABLISH ITS | At a time when much testimony| BOARD OF PUBLIC WORKS | | CLAIMS TO FRANCHISES | United Railroads Called on to Explain Alleged Forfeiture of Privileges by “Non-User.” The Supervisors’ Street Committee vesterday considered a resolution ask- ing the City Attorney to advise if the franchise granted to the Central Rail- way Company in 1879 has been for- feated by reason of the “‘non-user” of the road on East street from Market to Jackson, to Sansome, the curve at ! Kearny and Post streets, Geary from | Stockton to Taylor, Post from Fill- more to Lone Mountain Cemetery, Baker from Turk to Fell, .thence to Stanyan, Market from Turk to Grant avenue, thence to Post street, Market from Bush to the city front, Pine from Sansome to Market, Washington from | SBansome to East, Powell from Geary to Market. Also as to whether the United Railroads has forfeited its franchises on Twelfth street, West Mission, Eddy from Powell to and across Market, none of these having been used; on Point Lobos avenue from First avenue to the city ceme- tery, and has it any right to main- tain the curves at Eighth avenue and Fuiton street and Presidio avenue and Cali- ifornia street. The resolution was submitted by E. P. E. Troy and the committee decided to ask the United Railroads if it claimed any of the franchises enumerated before submit- ting the matter to the City Attorney. The committee took under advise- ment an ordinance requiring street cars to be disinfected daily and cleaned every forty-eight hours, to give the corporation a chance to be heard on the matter. The committee recommended the ordinance prohibiting the draining of oil from automobiles on the public streets. | The committee explained Yo the at- torney of Gray Bros. that their bills for rental of street sweepers had been | rejected because the rate of $12 per day was considered exorbitant. | —————— THOMAS PAYS A FORTUNE FOR DUTY ON SUGAR | Nearly Two Hundred Thousand Dol- lares Turned Into the Custom- House for a Single Cargo. The second largest sum of money | ever paid at one time for a single shipment of an article was paid to Customs Cashier Perkins yesterday by W. Ford Thomas on behalf of the | Western Sugar Refinery. The sum was $192,237 10, being the duty on a cargo of sugar brought from Java by the German steamship Germanicus.- Sev- eral years ago, when the duty on sugar was higher than it is now, Mr. Thomas broke all records by paying into the | Custom-house more than $200,000 duty on a single shipment of sugar. These two payments hold the record. ——— ‘Well-to-Do Laundress Dies. Catherine Lagrave, a laundress, il years old, was found dead in her bed yesterday morning at 275 Clementina sireet. She had been complaining for sceveral days of pain in the region of the heart and it is likely that her death was due to natural causes. Her husband was absent from the city, but rveturned last night. The neighbors informed Deputy Coroner Meehan that the couple had $15,000 in bank, was looked for, and about a week in advance of general calculations, the contestant in the Dolbeer will case yvesterday announced the close of his case. There was surprise in Judge Coffey’s court, for it had been thought that only the beginning was made in | the attack on the testament of the heiress. The proponents were some- what taken back, for they had not ex- pected to begin the introduction of testimony this morning. It will pos- | sIbly take about four weeks for them | to present their case. The close of proceedings in behalf of the contestants was marked by an offer of expert testimony. Three ex- perienced physicians gave it as their opinion that in the hypothetical case set forth by Attorney Johnson the person was of unsound mind. Miss Etta Warren, the chief bene- [ ficlary under Miss Dolbeer’s will, was not present in court yesterday be- cause of illness. This was her first ‘ahfien«'e since the taking of testimony ;lmgan. Adolph Schander, the other { chief party In interest, did not appear, {being confined to his home with | | rheumatism. He was represented by | his son and his daughter. | Court opened with the deposition |of Gustav Scholer, Coroner of New | York, which was read. His answer | that it would have been Impossible {for a person to fall out of the win- dow in the Waldorf-Astor Hotel, as |is contended Miss Dolbeer did, was ! ruled out. Nor was the account of his interview with Miss Warren when he arrived on the scene of the fatality allowed to reach the ears of the Jurors. Then began the production of ex- pert testimony on insanity. Dr. John W. Robertson, superintendent of the Livermore Sanatorium, = was first called, and he was examined as tq his experience with mental and nervous diseases. Attorney Johnson read a long hy- pothetical statement, wherein was re- lated the contestant's version of un- toward events and'conditions of Ber- tha M. Dolbeer’s life history that were calculated to produce - an unsound mind. With this statement before him Dr. Robertson expressed the opinion that she was insane when she | made her will and when she met her death. He was then led through a detailed description of the symptoms of simple melancholia, which would be his diagnosis of a case as pre- sented. Proponents did not cross-examine. They contented themselves with ob- jections to the hypothetical questions put by contestant. - What was “set forth in it is evidently at variance with the facts as the proponents for the will expect to prove them. Dr. F. W. Hatch, general superin- tendent of the State hospitals for the insane, who had come down from Sacramento to give his testimony, answered, after hearing the hypothet- ical question read. “I think she was of unsound mind in April, when she executed her will, .and in July, when she died.” . Dr. D. C. Lustig, a local practi- tioner, gave the same opiniog. Neither of the doctors was cross-ex- amined. ‘When the testimony of the doctors had been ended Hiram Johnson an- nounced that the contestant ready to close, with the exception of two depositions that are on the way from New York. The testimony APPROVES YORKE'S BILLS | Takes Contra; Action to That Supervisors on Repairs to Bitu- minous Pavements. The Board of Works yesterday adopted a resolution approving the bills of F. M. Yorke & Co. for repair- | ing bituminous pavements during Au- | gust and September, aggregating $5870 70 and $3727. The resolutions were adopted to show that the work was performed to the satisfaction of the board despite the rejection of the | August demand by the Supervisors. The company proposes to sue the last named to compel payment of the de- mands. J. L. Flood was granted a permit to construct an area under the side- walk on the Ellis-street front of the property of the Flood estate at Ellis, Stockton and Market streets. The board ordered the closing of Beach street from Laguna street and | westerly to the pueblo lands. | The board approved the plans for ' an isolation hospital on Thirty-sev- | enth avenue South, and asked the Su- | pervisors for authority to erect the| bullding. | Miss E. Hawkins was assigned to| duty as stenographer in the main of- | of | | fice at $100 per month. i Charles Buckel and O. F. Simpson were apnointed draughtsmen in the City Architect's office. | — e e sl In the Divorce Court. Judge Murasky yesterday granted a divorce to Mabel S. Eddy from Earle D, Eddy, a dentist, on the | ground of desertion. They were mar- | ried in Nevada on May 6, 1900, and nine days later the husband took his departure. Judge Slggs was satisfied with TLucy M. Rice’s prodf that Thomas E. Rice, a soldier, had de- serted her four years ago and an in- terlocutory decree was granted. Suits for divorce were flled by Loretta E. Garrow against Willlam - J. Gar- row, neglect and cruelty; Willlam Shackieton against - Emma Shackel- ton, intemperance; Edward Hummel against Helen Hummel, cruelty; Isa- bella Marian Crawford against John Jay Crawford, neglect. ————— e To Visit San Francisco Without seeing the Diamond Palace would | be like visiting Europe without seeing Par- is. It is a leading feature of San Francis- co, and is the most beautiful jewelry store in the world. Visitors or purchas- ers are equally welcome. 221 Montge ery street. hetween Bush and Pine. piltindah f v L i Reception Planned for Worthy Cause. Seldom has a 'philanthropy galned such momentum in so a short time as has the Girls’ Home of the Catholic La- dles’ Aid Society. On Friday evening Mrs. B. Rankin of 977 Post street will open her home for a reception in aid of the new project, the direct gbject of which is to/help furnish the new Home for Girls. Mrs. Kankin will be assisted in receiving by a bevy of charming. young women, to each of ‘whom the proposed home directly ap- peals. —_— 4 to be introduced during the presenta- tion of the case for the defense is that of Jessie O'Donmnell and Bessie Mason, employed in the Waldorf- Astoria, where Miss Dolbeer died. —_——————— "dm‘dn:;yn and !:ynnd-..‘nnu!l:flt:!y F;“yo- s other Eye troubles cured” u- rine Eye leedyy.. Murine 't smart.* | cLarged | torneys Foreman Lilienfeld and | the indictment. ; Eiection ! swer all requirements. BATTLING WITH TECHNICALITIES Election Commissioners Ob-| jeet to Process Followed | in Regard to Accusation| ARGUMENT IN PROGRESS | Rebstock Files Motion to Set Aside the Indictment | and Wyman Is Arraigned s | There was an animated scene in Judge Lawlor's courtroom yesterday | morning. The case of Charles Wyman, with fraudulently voting at! the primary election; Joseph Rebstock, charged with violating the election law, | and the members of the Board of Elec- tion Commissioners, accused of mis- | feasance in office, were on the calendar. Besides the defendants and their at-| the members of the Grand Jury and Judge | Bloss were present as witnesses in the Rebstock case on a motion to set aside No definite conclugion was reached in any of the cases except the arraignment of Wyman, the others having been continued. | in the Police Court was not yet trans- cribed. The Judge ordered that the stenographer of Police Judge Cabaniss’ | court be notified to Rave the testimony transcribed at once, but insisted that the arraignment - be proceeded with. The defendant was arraigned and the Judge said that if any motion was de- ! sired on behalf of the defendant it could be made when the defendant was asked to plead. The case was continued till Saturday on the suggestion of As- sistant District Attorney Ferral. | When the accusation against the Commissioners was called Attorney Hiram Johnson said that the commissioners were busily engaged every day canvassing the election re- turns and asked for a continuance till after the canvass was concluded. At HALE'S. Hale's—Open Saturday One:Week—Thanksgiving Christmas Next Month: Hale’s To-Day The store is temptingly ready are giving Santa the keys to littl store his goods at leisure until Christmas eve. It's a good way. It fills the child sible to do shopping early. Early shop where_money goes farthest and Sugges est. Put Hale’s on your shopping lis proves. To-day— Candle Shades 25 Candles at 2c On the bargain table to-day, main floor. The Shades at 35c—Are regular * 50c and 60c values, fancy shapes and de- signs. in pink, red, canary and Nile green. The Candles at 3e—Are fancy twisted candles, in pink, red, Nile green and white. They add a finish to the table or the room every woman is seeking and will be glad to pay less far. . The Black Plumes at Nearly Half Price - Are making a big stir this week. If you will buy a plume to-day we will put it on your hat free and make your saving greater yet. This Hale millinery store! is doing all it can to giv hink of you cause to WYMAN IS ARRAIGNED. it whenever you think of hats. The o s ¢ Plumes at 59c—For 10-inch ones, up to 'lh‘ first case called was that of . 5r beautiful black plumes 18 Wyman for arraignment. Attorney inches long. | Edwards asked that the arraignment Anr}_ “iel.!a\'v‘:g;vm?d a.l«rse m‘xm:;; 2 3. =y, v o y- ear , _splen 80 over till Saturday, as the testimony | styles, different shapes; not all col- n every shape, but all colors in Regular $3.00 hats to-day at HALE'S. Nights Till Christmas. to fill your every want. Many e rooms or closets, where he can ren with expectancy. Tt makes it pos- ping is undoubtedly best. and best done tions are thickest and variety is great- t surely, last if you will. Comparison $100.00 as Prizes to 20 Children The Santa Claus contest is awakening even more enthusiasm this year than last. Scores of children have already entered .it that has pictures with a vim and spir sent us scores of good and verses. Every child under 15 can enter. No matter where you live, draw us your idea of Santy and write a four-line verse containing the words Claus” and “Hale's.” Send it to Santa Claus at Hale's or drop it in the Santa Claus picture box near the front entrance. For the best twenty pictures we are going to pay $5.00 each. We are going to print the first wirning picture Sunday Watch for it. NOTICE Ve printed the cand tions of the contest in last Sunday’'s papers and in Tuesday's Examiner. We want to emphasize some of them to-day. . Draw only on white paper and with black ink Draw on 7x9 inches. Don't fold or roll the pictures, and be sure to give your age. Let Us Make Your Winter Skirt Fre Save you wi “Santa next on paper measuring 5x7 to your dressmaker’s bill. buy the material for you skirt length our expert r will make you a plain Food Cil;dpper 95c Bigger—Better Than we have seen sold at more, and now when it will_be most helpful (to chop the stuffing for the Thanksgiving Pay 98¢ for it downstairs. as four different cutters. It will t in no time in saving food. irt free in the very latest style. Market Street, Near Sixth, S. F. as decided by the Supreme Court in a similar case as late as September 30, and it was not therefore necessary to proceed in the name of the people. The accusation, was made and process followed under sections 758, 759 and the proper time he had a motion to| 760 of ghe Penal Code. make and he would submit his author-| “If the process is defective,” said ities to the District Attorney before|the Judge, “the accusation is defec- the next calling of the case so that the | tive.” District Attorney would be prepared to| Byington took exception to that argue it. |view and the Judge continued the Election Commissioner -Voorsanger | argument till this morning. | was asked by the Judge how long it| would take to canvass the returns and | he replied about two weeks. i Attorney Johnson thought that a con- tinuance till November 26 would an- OBJECTS TO PROCESS. At this stage Attorney T. V. Cator, | who is assoclate counsel with, Johnson, sald he had an objection to make to| the process in regard to the accusa- tion. He claimed that the defendants were not in court legally and submitted | a motion objecting to any proceeding | | by the court against the defendants or | to their being placed on trial upon the | accusation or to any judgment against , them because no legal or lawful pro- cess had been issued in said proceed- ing or upon said accusation or been| served upon the defendants or either of | them. | “If the parties are not in court law- fully,” sald the Judge, “‘then you can- | not make a motion for a continuance.” | | oath to | lenged, Attorneys O'Grady and New- REBSTOCK FILES MOTION. In the case of Rebstock, who is charged with violating the election law by refusing while an inspector at the primary election to administer the a voter whose vote was chal- burg filed 2 motion to set aside the indictment on numerous grounds. Among them was the allegation that the indictment was found without the ccncurrence of twelve members of the Grand' Jury and the constitutional ground that prior to the filing of the indictment the defendant against his will was compelled to appear before the Grand Jury and testify as a wit- ness against himself. An affidavit to the same effect by the defendant was also filed. After argument it was agreed that the evidence of Judge Sloss be taken to enable him to leave. The Judge testified that on October 13 members of the Grand Jury came into his court Addressing Cator the Judge said: “I and he was informed they had a com- will hear your motion at once.” | munication to make. The roll was Cator demurred, as he wished to called and only ten answered. Fore- prepare himself with authorities, but the Judge was insistent, saying the de- fendants could not occupy a double position. Cator then argued at considerable length In support of his motion. He contended = that under section 20, | article VI of the constitution, every process, civil or criminal, must be in the name of the people. Therefore the fillng of an accusation by the Grand Jury and a notice annexed-to it by the District Attorney that coples had been served uvon the Commis- | sicners was illegal. The accusation | should have been made in the name of the people. | District Attorney Byington replied | that it was not a criminal prosecution, e/ BrimorEe RYE AN SOR Hunter Whiskey Rich in Flavor Mellowed by Age MERCANTILE CO.. 138144 8¢., San Francisco, Cal. o Private3is. man Lilienfeld informed .him that three members were in the Grand Jury room who had refused to come into court. At the request of Foreman Lilienfeld he instructed the Sheriff to bring the three jurors into court. The roll was agaln called and fourteen an- swered to their names. Thereupon the | foreman presented the indictment and | asked that it be placed on the secret | file. The defendant’s attorneys claimed they had the right to sybmit affidavits attacking the action of the Grand Jury. Assistant Digtrict Attorney Fer- ral argued that if they had such a right then matter could be introduced of an extraneous nature which could not be received by the court. If they had not the right they could not be accused of committing perjury. Argu- ment on this point was continued till to-morrow. —_———————— “Marsicano Writs Argued. Judge Sloss yesterday heard the ap- plications of P. Marsicano for ,writs of prohibition and mandate agafnst | the Police Court and took the matters | under submission. - The petitioner, | representing that he had been ar- | rested several times as owner of the | | house at 1129 Dupont street, used for | immoral purposes, seeks to prevent !the Police Court from trying the charges in the order of filing the com- | plaints, and to compel it to try the ! last of the charges first. His attorney, | George D. Collins, argued that the of- | tense was a continuous one and could | i not be split up into separate accusa- {tions and prosecutions. He said that | his demand upon the Police Judge for | trial of the last case first had been de- | |nied. Attorneys Kuhl and Hanley, representing the Police Department, | would nat concede that the offense was continuous, and contended that the petitioner could find other relief by pleading prior conviciion or aec- | quittal if tried on another case after the first had been heard. ————— e Wescott Defeats Association. Judge Seawell yesterday issued an order restraining California Harbor | No. 15, American Association of Mas- | ters and Pilots of Steam Vessels, from | interfering with William A. Wescott | | in the exercise-of his duties as a mem- ber of the society. Wescott sued last December for an injunction and $10,- 000 damages. The damages were not granted. On November 23 of )ast year Wescott was attending a meet'ng of the society and was impertinent o Harbor Captain D. S. Ames. He was told to “shut up” and at the next meeting was denied admission. On| December 4 he was notified that he | | | | The trial was drawn out and the pe- riod of Wescott's suspension has abo expired. —_——— Sailor Swallows Poison. Harry Randes, a member of the crew of the schooner Abbie, commit- ted suicide last Tuesday night by swal- lowing the contents of a one-ounce vial of carbolic acid taken from the medicine chest. The master, Captain J. P. Larsen, who had been ashore, found him dead in his berth yester- day morning. Randes had been drink- ing to excess for several days. He was a native of Finland, years old. ——— Many Mothers administer P when their children have Spasmodic ———— OUTHOUSES IN BAD CONDITION. —School Directors Boyle and Altmann yesterday visited the Burnett School and found the condition of the outhouses to be s bad as those of the Sheridan School, where the foundations had rotted away to the imminent danger of the lives of puptls. Temporary repairs will be made at once. ADVERTISEMENTS. 39 STOCKTON ST.. NEAR MARKET. Telephone Main 5523. NO BRANCH STORES. WE ARE FULLY PREPARED TO FILL ALL Cl | ORDERS. | | SPECIAL SALE Up To and Including THANKSGIVING MORNING. BUTTER AND EGGS THIS WEEX ONLY. Creamery Butter. .. Fresh and sweet -per square 3J0¢ esoeszsll z \t—Special— 0c, la-gal. B0c used. 1. 15¢ “UNut cracker ase R. & R. or G, & D. brand. London Layer Baisins..per Ib. 12%¢ R-:“zvz Queen Olives....... Seville PackingCo. Reg. 1bc can. Western, 3 for 25c; res. .'u.m. Manhattan, ’v?mnky. 7". Gin, Vermouth. Eastern Beer—Pabst's, Budweiser, ru«‘ ngs“ ot SEIE Y 3 Choice Etnfandel and Golden [ Full assortment and Cigars. of A baby who frets, worries, cries or sieeps poorly is prob- ably poorly nourished unless there is actual disease. Mellin's | had = been suspended for twelve months. The harbor answers the sult with a plea that Wescott’'s actiors were unbecoming a gentleman and in violation of order and good morals. Food provides plenty of good nourishe ment; o -rfl! digestible and does away e Pood, e wih sy A Tey Meke MELLIN'S FOOD GO, BOSTON, MASS.