The San Francisco Call. Newspaper, November 24, 1904, Page 5

THE SAN FRANCISCO CALXY THURSDAY, NO VEMBER 24, 1904. WITNESSES WHO MET BERT IN PARIS DECLARE THAT SHE WAS SAN y S— to the same effect. was perfectly sound at that time. HA DOLBEE R. MORRIS HERZSTEIN met Miss Dolbeer at a dinner party in Paris about six weeks before her death, and he was positive in the opinion he expressed to the jury yesterday that her mind Miss Mary Josselyn, who was also in Paris last June, gave testimony e e A number of intimate friends, who often came in contact with the young heiress in this city, testified that they never noticed the slightest indications of insanity. | l | | — — About six weeks before Miss Dolbeer | AS Rat|0na| as One met her death in New York Dr. Morris Herzsteln of this city attended a din- C ]d B _S ner party with her in Paris and he tes- | | ou e’ ays tified yesterday that she was unques- | - D H = tionably of d mind at that time I erzstein. The opinion had the weight,of one e e who has had experience in treatment i . e e o ’ Miss Josselyn Tells testimony was strongly reinforced by, | . Miss Mary Josselyn, who wac with | HOW the SOjourn Miss Dolbeer every day in the French | & capital and in her company enjoyed | Was EnJOyed many of its attractions. 2 The trial of the will contest is at- = tracting more interest and the court- room was crowded yesterday to its full capacity. Society was again well rep- resented, and a good beginning was made in taking the testimony of those | | with whom Miss Dolbeer soclated. | | L — Judge Coffey’s sallies of wit and the | Fere Ll Pre- %,,_4«.( eharp conflict of the attorneys tend to alleviate the distr ccasfoned by | == ez b BRI the stuffy atmosphere of a room in | 7 o which praper ventilation is impossible. | | % . An adjournment was taken to Mon- | day morning while Miss Josselyn was | | 2 I~ still on the stand. No one ventures to | | predict when the trial will be ended. | | « eze Counsel for proponents declare that the | =7 - % cross-examinations are unnecessarily | ey long, but the attormeys for the com- | | testant are prompt with the retort courteous that Pillsbury has no regard for time in the conduct of direct ex- aminations Besides the t~stimony of the two wit- | | nesses concerning the health and men- | | tal ¢ of Miss Dolbeer during | | h Paris just before her life | | am end in New York, there of three witnesses who | | £ood mental poise and the in life dur- gt preceding | | T trip to Eu- | \ ¥ were John D.| | Spre and Miss | CONVERSED INTELLIGENTLY. first called in | | tified that in| | May or early | | r vear he met | | Dolbe a c.nner given by | | H in Paris. Miss Dolbeer s his on at the table and he | | ersation with her for| | yurs on general topics, | | San Francisco. | = intelligently on all doctor, “and was —as rational as any : : »n that Miss Dolbeer | | ¢ e g . of sound mind when I i //\'.h\/// 188 MAARY X Herzstein's answer | i 3 ) 055£LYN d he said tha - TS ntal and nervmu) 25 he was could usually dis- | g », g oo Roue or SOCIETY GIRL WHO TESTIFIED YESTERDAY THAT MISS BERTHA M. DOLDEER SHOWED NO EVIDENCES DURING was any weakness ALLT UNSOUND AND'A'FACSIMILE OF THE CLOSING PARA- | much of the | %~ insanity that the at- studying for the case. reckels he knew Miss Dolbeer for years, met her frequently home, automok and picnic parties in participated and ntinued till her de- was certainly of sound lared the witness in response on. “I never had reason to I met her often and s rational indeed. She was iss Dolbeer r ¢ quest therwise lisposition in be quiet and be lively.” ving an automobile Miss Dol- was an expert, the witness sal Qualifications for which are nerve, self- ssession and vigilance, LIVELY IN SOCIETY. Miss Grace Spreckels followed her | father on the stand. She was an inti- | mate f 1d of Miss Dolbeer and often went into society with her. Their homes being but a block apart, they were often together. To combat the allega- tior Miss Dolbeer suffered from cholia severely me the last year of her life, Miss Spreckels was asked to tell of the numerous social affairs they both attended during that time and into which, saild the witness, Miss Dolbeer at all times entered with zest. Miss Dolbeer continued to enjoy herself so- clally up to the time she left for Eu rope. Miss Spreckels had always regarded | Miss Dolbeer as of perfectly sound‘ never had the slightest occa- mind, ADVERTISE WHY EXPERIMENT ? | If You Want to Be Cured of the Liquor Habit Go Straight to Dr. McKanna. one treatm ® a success b e are hundreds of claims r. but the fact re- McKanoa's treatment is the 1 stand the test. It has - t of time and the test of the most opeless victims of alecholiem that th of y»r... ¥ gy ey “nd other cities whbere Dr. tfices covid sroduce. Dr. Me- ky':l:- bas also cured any number of victims c * liguor habit who had been ex; upon and given wup by 1 % g cures, whd he stands to-d accepts a come, 5o m: stege they are in. There is 5o ,..:‘c‘.?’u"'m" habit bie treatment will not cure, and he nos phe indorsement of county and city officials, . the police, the newspapers, railroad ‘companies, . everywhere Le is known You don’t take chances with Dr. McKanna's 1 dangerous hypoderinics or bad afir el _Dr. McKanna Kiven his three-day liquor Soreg openfigen Years and in that time ‘has een thousand peo, I or address. R "" DR. J. J. McKANNA, P ey S EEET, FPuone 1037. McKanne has as not familiar | who was the next was one of the ciose | She was of a | but at times would | for the iiquor | res whose owners and managers | | sion to think otherwise. In the cross- examiration she said she never knew that her friend was afflicted with in- somnia, pains in the back of the head |or any p al ills, as is alleged by | the contestant. Miss Dolbeer had com- plained of headaches, but the use of glasses cured the ail Miss Mary Jolliffe gave testimony to the same effect as that of Miss Spreck- els. The witness received a letter from Miss Dolbeer that was written in mid- ocean and mailed at Queenstown, and the testatrix happily described inci- dents of her trip. Miss Warren was | referred to as “auntie” in a statement that she was proving a good sailor. Miss Mary she and Miss Dolbeer both stayed at | the Regina Hotel in Paris and saw »| each other every day. They went out | together often. Among other things they participated in _the .“battle of roses” a lively part in the fete of gayety. They were both being treated by Dr. Gros | for anemia. Miss Dolbeer had also con- tracted a cold in crossing the Atlantic, but she was not in serious ill health nor were her spirits at all depressed. Miss Josselyn described her as “very cheerful” while in Paris during - the weeks immediately preceding her death in New York on July 9. “Miss Dolbeer was perfectly at all times, and certainly of sound { mind,” said Miss Josselyn. Cross-examination of the witness will be resumed on Monday. —_— | DIVIDED CITY THAT HAS Calexico and Mexicale the Center of [ Business Activity Newly Opened on Mexican Border. | It is a scriptural saying that a house | divided against itself must fall, but it | does not logically follow that a town | divided against itself must go to pieces. There is a new town partly, in the United States and partly in Mex. ido, the boundary line between the two countries running along the middle of the principal street. The part of the town in the United States is in San Diego County. It has been christened “‘Calexico.” The other | half is in Mexico and has been called | “Mexicale,” both names being formed from the words - “California” and | “Mexico.” In Calexico there is a United States custom-house, under jurisdiction of the Collector of Cus- toms at San Diego; in Mexicale there is a Mexican custom-house. From the vicinity of Saiton Lake the Southern i fifty mijles to Yuma. Considerable cus- tomg ¥usiness is being done in the new town. ————————— | Sues Police Chief Wittman. Spit was filed yesterday in the Jus- Grace Squire to recover $220 16 from Chief of Police Wittman, alleged (to be unlawfully withheld by the latter. Mrs. Squire is now under arrest for buszlory rational | STOM-HOUSES | Pacific Company has extended a | branch line to the twin city and thence | tices' Court by Norman H. Squire and; Josselyn explained that; | i | | | in June, and the testatrix took | i praised at $20,627 4ng In borses and WYMA LOSES ON DEMURRER Contention That the Prim- ary Election Law Is Un- constitutional Is Rejected The argument on the demurrer to the information charging Charles Wyman with fraudulently voting at the last primary election was resumed before Judge Lawlor yesterday afternoon. At- torney Countryman contended that in the act of 1901 the Legislature did not intend that any penalty should attach to violations of the primary election law and where there was no penalty there could be no crime. He also argued that section 64% of the Penal Code regarding primary elections was un- constitutional because the act of 1899, in which it was incorporated, had been declared unconstitutional. Countryman took the further ground that section 21 of the State constitu- tion regarding primary elections was in conflict with the Federal constitu- tion. He cited as an illustration the fact that in view of the preponderance of Republicans in the Legislature and their percentage being high the Dem- | ocratic party could not hold another convention. That party could not go on the ballot again by petition because the Registrar had the right to strike out all the names of those who voted at the last primary election, and they would not have the necessary percent- age except Republican voters came to their gescue. nformation had been drawn up under the wrong section of ‘the Penal Code. Attorney Hosmer in reply contended that the State constitution does not conflict with the Federal constitution, inasmuch as it was left to the State to establish its own system of voting and qualification of voters. He argued at considerable length that the informa- tion was drawn up under the proper section of the Penal Code. The de- fendant had been guilty of fraudu- lently voting the name of S. H. Mann, although the other side had contended that the defendant could only be charged with false personation. 4 The Judge held that the primary elec- tion law was constitutional and disal- lowed the demurrer. Wyman pleaded not guilty and the case was continued till December 12 to be set for trial. The argument on the demurrer to quash the indictment charging Joseph Rebstock, election officer, with violat- ing the primary election law was also concluded, but the Judge reserved his decisfon, —_——— HURST EETATE.—The estate of James Hurst, a deceased liveryman, has boen ap. nearly the entire value be- carriazen. He also argued that the | LOW PRESSURE CAUSES DEATH Coroner’s Jury Censures Gas | Company for Delay in; Answering a Complaint Alleged delay on the part of the gas company in answering complzints of low pressure gas and fluctuating supply impelled a Coroner’s jury yesterday to censure the company for the death of Martin Ehrlich and to recommend reg- ulating legislation on the part of the Supervisors. Ehrlich was accidentally suffocated in his bed at 3342 Sixteenth street on November 3. The evidence was that the fixtures were leaking, and that when on one occasion, according to the statement of Mrs. Ethel Thiessen, a plumber came to repair o leak he pumped water into the pipes in order that the iron might become rusted and stop the escape. It was also in evidence that Mrs. Jennings' complaint to the gas com- pany about low pressure was not at- tended to until @bout a week after she had notified the company. The follow- Ing was the verdict: During the course of investigation, it hav- ing appeared that the fixtures in the house were so flimsy s to invite leakage, we recom- mend_that the Board of Supervisors require that fixtures of certain standards be placed in all buildings; also that an ordinance be requiring that all gas pipes and fixtures in new buildings be thoroughly inspected. We also censure the San Franclsco Gas and Electric Company for their dilatory methods in re- sponding to the complaints of leakage and other trouble with the gas in bulldings. —_——— Bernard McNinnie’s Body Found. The body of Bernard McNinnie, a house-mover, formerly living at How- ard and Sixth streets, was found float- ing in the bay yesterday afternoon off Meiggs wharf. It had been in the wa- ter from one to two weeks. McNinnie was without family and his friends say that he had often threatened sui- cide. S FREE FREE FREE WITH ~ SUNDAY CALL SMALL ADS. ! A BOX | CONTAIang} 3 CAKES | HIGHEST QIJALITY TOILET SOAEL. Your Choice of Four Odors.. Free With Every Small Ad in Sunday Call. I Boesm-llM?:rioerthcr S e el FREE ORANGES AT THE FAIR fb-wmmento \.1110\ Supphes Fruits and Flowers to! GREAT CROWD IN LINE Ay AT Easterners Given Example of Possibilities| of Northern California . PAUL EDWARDS. CALL BUREAU, WORLD'S FARR, ST. LOUIS, Nov. 23.—The golden glow of Sacramento Valley oranges filled the mammoth Palace of Agriculture at the ‘World's Fair this afternoon, and surg- ing thousands cast delighted glances upon the flowers and fruits of Califor- nia, and when formed into an orderly line ate of the luscious fruit as it was passed out to them. California, and |.especially the Sacramento Valley, has received a great advertisement. The real productiveness of the northern part of th State is known to-night to the peo- ple of more parts of the world than it ever was before. Though the distribution of oranges did not begin until 3 o’clock, there was a Jjam in the aisle facing the Sacramento | Valley exhibit before noon, and it grew | ereater as the hours wore on. It seemed as if half the people who had visited the fair were there to witness the un- usual scene and get an orange fresh | from the California groves. The crowd | did not show the wolfish propensities usually manifest on such occasions, but was reasonably well behaved. At 3 o'clock some speeches were made. Com- missioner J. A. Filcher spoke of the beauties of California and the Sacra- mento Valley. Ed E. Leake of Wood- land told the people that fruits and flowers of every description grow from | end to'end of California, and that not jonly oranges, but strawberries, were | being picked in the Sacramento Valley. | Roy Brooke also made some remarks, and the distribution began. The exhibit space was roped off on BY | the main corridor and the Jefferson | Guards forced the forming of a line. It} | extended from the center of the build- {ing clear outside the south end, and | | was made up of thousands. When the | fruit | mums were handea ofit to the people, | who again formed into a surging mob |and scrambled wildly for bunches of flowers thrown to them. Judge J. H. Wills superintended the | distribution. The ladies of the exhibit { worked as hard as the men in attend- ving to the crowd. Secretary Beard |of the Sacramento Valley Devel- opment Assoclation was also present| and was much pleased with the success | of the affajr. Others who assisted are| hop- | | W. E. Lovedall, a Sacramento grower; Supervisor Morris Brooke of Sacramento and Mr. Cozzens of Fair | Oaks. The fruits, vegetables and flowers all ‘arrived in fine condition, and the Tour| i rallroad companies that sent the car xl;rough so fast—in four days—and free | | of charge were highly complimented. Several boxes of oranges were given to| | the St. Louis Orphans’ Home. a5 R R WESTERNERS AT THE FAIR. San Franciscans Who Have Recently Visited the Exposition. ST. LOUIS, Nov. 23.—The following | San Franciscans are among the recent | visitors to the fair: A. C. Kerrel, M. C. Shuier, W. A. Wise and wife, Mrs. L. Brock, T. Pathres, Mrs. L. H. Reed, A. C. Hovey, A. F. Adams, S. A. Adams, E. Longmore, C. H. Wood, M. Brooke, E. A. Giren, M. Block, C. A. | Westenberg, Mrs. J. N. Carthy, Mrs. E. Dutchey. —_——————— MURDERER’'S WIFE ASKS COURT FOR SEPARATION Robert E. Glaze Is Serving Life Term in Penitentiary—Divorces Granted and Suits Filed. Ellen E. Glaze, whose husband, Robert E. Glaze, Is serving a life term in prison for murder, yesterday sued for divorce. They were married in 1899 and Glaze was sentenced on January 14, 1901. Richard Bucking asked for an annul- ment of his marriage wjth Sophia Bucking, which took place on Octo- ber 18. Joseph A. McLaughlin, who got an his wife, Carrie, on August 31, on the ground of cruelty, yesterday had -th decree set aside and the case dis- missed. Mrs. McLaughlin had bespattered his countenance with a lemon cream pie, and another that she had cut his face open with a collander. Maud C. Potter yesterday asked the court to order her husband to show | cause why he should not be punished | for contempt for not paying her $100 due on alimony. He is a gripman, earning $75 a month, and she says he shook the money in her face, hut told her he would never pay her. Divorces were granted yesterday by Judge Hebbard to Mercedes B. Lind- say from Robert H. Lindsay for neg- lect; La Chappelle from Emille La Clere La Chappelle, desertion; to Pedro A. Guerrero from Rosie L. Guerrero, de- sertion; by Judge Troutt to Lena Parsons from Dan A. Parsons, agent, whom she married at Healds- burg, desertion; to Laura B. Arthur from Edwin Arthur, desertion. Suits for divorce were fileg by Cath- erine Nolan against Willinn Nolan, ! desertion; Vonia Waldier against Al- | ! pert Waldler, desertion; Mary Kl { beth Leak against Benjamin A. Leak, neglect; Jeanne Cavey | guste Cavev, desertion. —_————— | + Wants Her Clothes Back. | Rose Decker, 326 Mason street, isworé to a complaint before Police ' | Judge Cabaniss yestarday charging TFey Buck with grand larceny. She al- | ]h-xes that Miss Buck, who had been; one of her boarders, took her depart- | ure on November. 18 unexpectedly and carried away with her furs and cloth- ing belonging to MiSs Decker of the value of $540. Detective Bell has been detailed on the case Thousands at Exposition | { . Conerete ! distribution ended chrysanthe- | Block, H. E. | Kentfield, Mrs. T. W. Baker, L. P. Mc- | interlocutory decree of divorce from | Among his charges was that | by Judge Kerrigan to Pierre A. | a book | against Au- ! NEW CRUISER 1S A « | ; The Pennsylvania Exceeds Her Speed Requivement by a Plentiful Margin BEATS 22 Remarkable Feature of the | Vessel Is Graat Economy | Possible in Use of Fuel| { BOSTON, Nov. 23—The armored ! ¢gruiger Pennsylvania in her official trip | off the New England coast to-day made the highest speed with the small- est relative expenditure of fuel of any armored vessel so far bullt for the United States' navy. Her contract called for 22 knots, and her average speed for the four hours’ trial was 22.43 knots per hour, while her coal consumption was 2.2 pounds per horse- power per hour- Her builders, William Cramp & Son of Philadelphia, made no attempt throughout the trial to push this, their greatest vessel, but on the other hand bent their energies to exceed the Gov- ernment requirement with the most economic expenditure of fuel possible. Her trial was therefore the first of the numerous tests over the Cape Ann course where speed was not the object sought for. The day was perfect for the trial, a’ moderate breeze at the start falling to a flat calm at the finish, while the sea throughout was very smooth. Al-, though the Pennsylvania started slo ly, being nearly a quarter of a knot below her requirement over the first two legs of the course, she gathered headway as she went on and over one leg of five miles of the forty-four to the turn averaged 22.53 knots an hour. There was much interest in compar- ing her effort to-day with that of her consort, the Colorado, which preceded her from the Cramps’' yard only a month before. While the latter made a 6.6-knot spurt at a rate of 23.294 per hour, her average for the entire course of eighty-eight miles was 22.26 | knots, compared with the Pennsy vania’'s 22.42 knots. The economy of the fuel consumption, according to E¢dwin S. Cramp, was due to the rigid discipline in the fireroom and the excellence of the boilers. The firemen distributed the coal regularly and evenly with the result that the | boilers steamed freely. At no time was 1 there an attempt made to race the boat, although Cramp stated at the end of the trip that he was confident that the Pennsylvania could have made an aver- . age of 23 knots. e ACCUSED OF OBTAINING COIN BY FORGED ORDER KNOTS | SHE Manager of Western Union Telegraph Company Gets Warrant for Ar- i i rest of Arthur Coleman. | J. V. O'Brien, local manager of the | Western Union Telegraph Company, | swore to a warrant before Police | Judge Fritz yvesterday for the arrest| of Arthur Coleman, an ex-convict, on a charge of forgery. Detective Ed | Gibson has been detailed 6n the case. | Coleman has been in the habit of hanging around the barber shop of Ovide Gervais and on Augusr 19 Ger- vais sent a telegram to Joseph Gervais of Fargo, N. D., asking him to send {360 at once. The money was forward- ed through the Western Union. The ! following day Coleman called at the { cmpany’s office, representing himself as Ovide Gervais and asked for the { money. He was informed that he “would be required to be identifled. | Coleman ,was taken by H. W.| Knowlton, better known as ‘‘Rebel George,"” 0 Bush street, and was introduced 4 to Smith as Gervals. Smith was asked | to identify Coleman and the trio went | to the company’s office. After Cole- | man had signed the name of Ovide | Gervais to the order and Smith and Knowlton had indorsed it the money was paid to Coleman. The forgery was discovered a few days ago and Smith paid over the $60 to the tele- | | graph company. | e~ | DISTRICT ATTORNEY SUES ! TO ABATE VILE RESORT | Action to Put an End to Immoral Use | of Marsicano’s Dupont-Street Property. | The abatement of Marsicano’s place | at 1129 Dupont street is sought in the | name of the people of California byj | District Attorney Lewis F. Byington, | with H. W. Hutton of the Police | Commission as associate counsel, in the suit filed yesterday. The action is | directed against P. Marsicano, owner of" the property, his lessees, P. Vin- cent, Jean Pon, Emil Kehrlein, August | Hughes, George Sellinger and Henry | Lair and a dozen or more women of | the locality. A temporary order re- | straining the immoralities complained | of during the trial of the abatemeut suit is asked for. The two-story structure facing a “T court is described in great par- ticularity and it is sald “the premises have acquired a public and notorious reputation and by reason thereof a large number of thieves, vagabonds, idle, dissolute and criminal persons and minors of tender years congregate about the place.” Pon's “restaurant” is designated as a ‘“subterfuge, sham and fraud.” It is declared that the place is an obstruction to the use and enjoyment of all the preperty bound- ed by Jackson street, the water front and Larkin street. —_———————— . Reopens Dowie Case. Judge Murasky yesterday granted a motion for the reopening of the case of Hugh Craig against John Alexander Dowie, Zion's Elijah, to whom Craig loaned $1764 90 in 1888, when Dowie | was conducting a mission in this city. | | The case had been heard and was ready for argument when Dowie tele- graphed his attorney, R. S. Gray, that the had found some missing letters | from Craig and C. K. Cadman, the let- ters being circumstantial and neces- | sary to the case. Cadman was to have | paid half of the money advanced by | Craig, but never took up his note. His | letter to Elijah, from references to it |said he would receive the $89 50 in real estate. to H. Le Baron Smith, taflor, | in the trial, probably dealt harshly with Craig’s attitude. WOULD CHECK FEVER IN CUBA State Department Sends trong Note Asking That Prompt Aection Be Taken | DENIAL FROM AND Asserted That Reports as to Appearance of Yellow Jaek Are Without Truth ——— WASHINGTON, Nov. 23.—It was said to-night that the communication of the State Department to the Cuban Government regarding the frightful sanitary conditions at Santiago and elsewhere is most emphatic In char- acter and is intended to impress the Cuban Government with the desire of this Government for an immediate remedying of this condition. It is learned that the reasom for the energetic action of the Staté De- partment was that the marine hospi- tal service had reported that yellow fever had appeared in several places in the island of Cuba and it was feared there might be an outbreak in some of the large cities if prompt preventive measures were not taken. NEW YORK, Nov. 23.—The offi- cials of the Cuban Government to-day officially deny the reports published in this country that there is yellow fever in Cuba. The denial was given out through the Cuban Consul General in this city. Consul General Zayquas said that his Government was considerably dis- turbed over the widespread reports in this country that yellow fever had broken out on the island. Such re- ports, he said, had a tendency to keep away tourists and hamper the trade | between this country and Cuba. ANOTHER FRAUD ORDER Continental Realty Company Denied Use of the Mails by the Postmaster General. The Continental Realty Company, | with offices in the Phelan building, is the subject of a fraud order issued by the Postmaster General. Postoffice Inspector James O'Connell says that the company started In business on the “diamond contract” system. The company later switched off into a “real estate contract” system. The buyer was to pay $1 25 per week for a period of forty weeks, the total amount being $50. At the end of that period it was value of —_———————— EXECUTOR WANTS MONEY.—Christopher Kleineberg, administrator of the estate of Carl Kruger, alleges that John Bollman fis concealing $2000 in cash and Jeweiry and clothing which were given to him in trust by the deceased. Boliman has been cited to show cavse why he sheuld not produce the property. Are You Thinking he cold, nasty, disgrecsble WEATHER T OMING. when Jupiter Pluvius commences to get in his work this Coming Winter ? While it's true that the tempeeaturs i in this vicinity ideal mow, BUT ! in abont 30 or 40 days it will be COLD IT WILL RAIN We want to keep house ARM ¢ e e 1 They do the work, keep you wait till it's cold befors you dosen of these Radiztors. that helps some. }H"“‘ for particulars or CALE AllI SER IASTEAM in operation at our (Reating department In b-o-n Dat 1t you haven't time to do that. phome us_and we will send our Gasteam man to call on you with full Information. PRIVATE EXCHANGE 3. THE GAS COMPANY 415 POST ST. THE KING OF BIRDS Dofts his crown to the excellence of United States Laundry work, because he knows it's always pleasing to refined tastes and its promptness of delivery is ble. 2y m:rhbzuer judgment will have the same tendency after one trial of our work. No saw edges. ONTE T AN malanhone South 430,