The San Francisco Call. Newspaper, December 21, 1904, Page 16

FRANCISCO CALL, WEDNESDAY, 16 DECEMBER 21, 1904, VARIOUS PHASES OF LITIGATION SISTERS OF CHARLES FAIR SUE TO RECOVER TAXES MOTION TO NONSUIT ELECTION BOARD RENEWS OVERRULED BY COURT FIGHT FOR ITS RIGHTS Attorncy Collins in Monnier Will Con- | Notice of Motion Filed to Stop Any |Paid More Than $130,000 Into the | California Girl Says Theatrical Man test Trics 1o Have Case Closed, on the Amended Public Treasury for Their Share Does Not Support Her—Suits Alleging Insufficient Evidence. Accusation. [ in Inheritance. Filed and Decrees Given. The counsel for both sides in When the matter of the amended! Garoutte & Goodwin have started “A divorce was granted yesterday by Monnier will contest that is accusation against the Election Com- | another action moving toward the pile | Judge Kerrigan to Norma L. Smith | NEGLECTED WIFE GETS DIVORCE FROM ACTOR the being tried in Judge Graham’s court spent|missioners, charging them with mal- | of coin that has been dumped into the | from Eddie P. Smith, an actor, who is vesterday arguing over the motion |feasance in office, was called in Judge city treasury by the collection of col- | unable to support hér. She is a Cal- made by Attorney George D. Collins | Lawlor’s court yesterday morning At- | lateral inheritance tax. In this case|ifornia girl. They were married at Spokane in 1899. Smith is now play- ing with a company at Los Angeles. Judge Hebbard ordered Charles Duebel to pay his wife, Frieda, $300 for counsel fees and $60 a month ali- mony pending the trial of her suit for divorce. He is a contractor. They were married in 1875 and she gave him $700 with which to go into busi- ness, and says he has built up a for- tune of $60,000. Decrees of separation were given their clients are Theresa A. Oelrichs and Virginia Vanderbilt, sisters . of Charles L. Fair. For the fortune they torney T. V. Cator, on behalf of the Commissioners, filed a prelimlnuy: motion to set aside the process, which N > | received from their brother’s estate 11 be argued this morning. they were obliged to s i pay $130,330 65 The motion sets forth that the Com- ! ¢, “mreagyrer John E. McDougald. missioners are not under or withinipp, "havment was Ibdbion June “l the jurisdiction of the couri, and, re- |j,g¢ a¢ which time the inheritance tax serving their right to demur against | oo o W R0, (PR I alid by the Su- the illegality of the accusation, the: reme C t. Th aid the money to object to any proceedings by the court | Pretie Court, They pa money C any p edings )‘1 R |avoid the penalty of 10 per cent and against them because no legal or law- |, 050 %60 iie recovery. for the proponent to nonsuit on the! d that the contestafit failed lo| case. After strenuous argu-, ternating among Collins, Sul- and Roche, the court overruled otion to nonsuit, and again sub- ase Lo the jury. er issues brought up by Col- vere also fought over, and the | ill announce its decision this . They are the claims made “ollins that the testimony as to the | : . ful process has been served. For that | & nac Ge e i 4 e — vy Jud; tmacy of George Monn ergdj;_ | and other reasons they move that the | e e oy Jgfinsgae»;:llle130}11255121:??3155 tion record, which was admitted as | CoUTt Set aside the process an | Can now be found in the new artistic de- | B¢nSon G. Lee from Sarah M. Lee, de- evidence, establishes the son’s right | - sertion: by Judge Hebbard to’ James The motion was accompanied by an | signs in picture frame mouldings at very | moderate prices. They come in the lat- | est finishes and shapes, together with ex- clusive styles in ready-made_ frames, in ovals, circles and square. New tinted E. Hall from Nellie Hall, desertion; to Laura P. Gerdrun from Charles Gerdrun, desertion; to Margaret Shonessy from James Shonessy, de- to contest. The other motion by Col- lins was to strike out all testimony relating to the supposed remarks of | affidavit of James A. Devoto, one of the accused Commissioners, who al- leges that none of the accused or their | N THE LOCA the elder Monnier as to what provision he intended making for his son. | ese motions were strongly op-| 4 by Sullivan and Roche, who ar- in case the proceedings Supreme Court with the | testimony of il necessitate a new trial, should the Supreme Court decide that the adop tion record was invalid. The contestant’s attorneys opposed | the second motion on the ground that | only by the remarks made by | Monnler Sr. to witnesses that the| father’s disposition toward his son could be accurately determined. The case goes on this morning at 10 o'clock e A T | Do You Wani a Good Trunk? | It will make your Jjourney doubly | pleasant by taking with you one of our £00d-100 space-saving trunks and | ng_rol s, lap tablets, pocketboc meras. We that makes ur prices are alw: & Co.. 741 Ma | bl e | Olsen’s Injuries Fatal. | Olsen, the seaman who fell| Axel into the hold of the ship Grenada last | of nday afternoon, died in St. Mary sterday from the effect gitimacy out it might | T attorneys were present in court when | the order was made on December 7 placing the case on the calendar for December 20. He also alleges the indorsement of the title of the czuse was omitted in the indorsement de upon the papers served by the eriff and that the return was not annexed to the original accusation. Another allegation is that when the paper dated December 7 there was not existing nor pending in court any accusation in the name of the people against the Commission- ers. He averred therefore -that the issuance of the paper was in excess of “the jurisdiction of the court and was null and void. used Burnett's Vanilla BExtract and ighly indorsed by all leading hotels. S ——— Lawslp Presiding Justice. Justice of yvesterday elected presiding Judge by his four Republican associates, who had expressed their intention of so | honoring him last week. Lawson, feels fiattered at his elevation’ in fact that he is a Democrat highly view of the in politics. —_—a——————— EKATERINODAR, Russia, Dec. 20.—Two ry regiments and six infantry battalions the Caucasus have left here for the front that | was issued | the Peace Lawson was | and colored mat boards, with binding pa- per to match. Sanborn, Vail & Co., 741 Market street. * ————— Reimann Loses His Case. In the matter of the libel of Carl | Reimann against the American ship Shenandoah United States District | Judge de Haven yesterday dismissed the libel and awarded costs against | Reimann. Reimann was injured by falling from the| rigging to the dck, 2 gasket upon which he had been | pulling having given way. He alleged that it was the fault of the master and owners that the line was rotten. Judge de Haven found that the master and owners were not to blame. —————————— When your bowels are constipated, when your appetite is poor, take’ Lash's Kidney and Liver Bitters. . e Thrown From a Horse. Jorgensen, who owns a saloon at | Eighth and Market streets, sustained | serious injuries yesterday while horse- }hauk riding on Market street. His | horse stumpbled and fell under him, throwing the rider violently. The in- | jured man was treated at the Emer- | ency Hospital by Dr. Charles F. Mil- lar. sertion; by Judge Graham to Marion A. Grigsby from Clara I. Grigsby, ex- treme cruelty; to Katherine eid- mann from Albert Weidmann, intem- perance; by Judge Kerrigan to Fran- ces A. Brown from Edward J. Brown, desertion. Jennie M. Brown has flled an af- fidavit declaring that Willilam T. Brown, assistant cashier of the Pagific States Telephone and Telegraph Com- pany, has ceased paying her the $50 a month alimony ordered by the court at the time she was given an interloc- utory decree in November of last year. The payments were to be con- tinued as long as she remained un- married. —_————— A dream of pleasure, the new two for quarter size American. $2 75 box 25. 2 —————————— Petitions in Insolvency. Petitions in insolvency were filed yesterday in the United States District Court as follows: C. C. Jennings. bookkeeper, San Francisco, liabilitles $3951, no assets; Frank Johnson, lum- berman, Fort Bragg, liabilities $140, no assets. BUFFALO, N. Y., Dec. 20.—Attorney Gener- al John \Quneen has decided to apply to the courts r%- receiver for the German Bank, which susPended recently. L COURTS WIDOW OF DR. GONZALES i WANTS VALUABLE LAND | Her Effort in Court to Get Best Part of Ranch Is Opposed by the i Other Heirs. | An effort to have $75,000 worth of | land set apart as homestead is being ' made in Judge Kerrigan's court by Edie W. Gonzales, widow of the late Dr. Mariano E. Gonzales, and the plan is being opposed by Anita Gonzales, : daughter of the deceased. The pro-, ceedings may partly be considered as | O’Connor, Moffatt @ Co. Useful Christmas Gifts Among the many pretty and useful articles which w are showing for the holiday trade are the following: Leather Bags The largest variety of the best a skirmish for a probable contest of | values in the very newest Gonzales’ will by the widow and, styles of Seal, Sea Lion, dnughter. The year in which such a' Walrus, Frogskin and Moroc- movement may be made has nearly elapsed and Mrs. Gonzales is anxious | to determine her .homestead rights. Her application is for the cream of a B5600-acre ranch near the town of- Gonzales, in Monterey County. The | ranch is now divided into several farms, occupied by lessees. The en- tire property is valued at $175,000. Mayor Robert Johnson of Monterey, executor of the estate, was on the stand yesterday to explain the lay of the land. 3 1 . The widow is represented by Charles S. ‘Wheeler, the daughter by Judge Slack and the administrator by Reuben | H. Lloyd. Several grandnephews and grandnleces are represented by T. L. Geary Jr. They are the residuary legatees under the will and say that if the widow’s demand is granted their value in the estate will be injured. As it now stands Mrs. Gonzales is en- titled to a fourth of the income from the land. The hearing will be re- sumed to-morrow. —_—————— It's a Merry Christmas. Even some of our 1905 calendars are funny, some of them are pretty and the California poppy. poinsettia, little Chi- nese and redwoods are very artistic. This is always the best place to buy these li tle things and now is the time. Sanborn, Vail & Co., 741 Market street. * ———— ADAM GRANT'S RICH ESTATE.—The estate of the late Adam Grant, who was a member of the firm of Murphy, Grant & Co. has been appraised at $1,685,374 03 by J. M. Quay, Lawrence Vincent and _Charles F. O'Callaghan, who were appointed by the court to_determine the value. Of the whole amount $472,257 37 s in cash in the hands of the ex- ecitors. The interest In Murphy, Grant & Co. is valued at $309,500, and .among the securities are Bank of California shares worth 000 and Gas and Electric stock worth $52,- re in the proj erty at Bush and Sansome at Geary and Mason streets, $250.000, and Bush and Leavenworth streets, $135,000. ADVERTISEMENTS. i holiday buye FOR M Smoking Jackets..............$5.00 to $35.00 Lounging Robes Bath Robes. Neckwear .. Silk Umbrellas FOR MEN AND WOMEN Leather Goods «Riley” Autc Robes..........$10.00 to Leather Suit Cases..............$500 to $9.00 to " Military English Oxford Bags ...... r. . This question tongue, it is asked a thousand times a day, it is a lem. stantly for you- !iI, Our beautiful store, replete with every SUGGESTIONS E N: Ninety-four Varieties. Eighty-six Varieties. ‘Warranted Fast Colors. Immense Varieties. Plain and Mounted Handles. In Colors to Match. Plain and Fitted. New Shapes. New Shades. Brushes. . . .. Sets in Cases. $5.00 to $60.00 $3.50 to $15.00 5oc to $3.5:) <e-....$2.50 to $20.00 e D30 fo mostly from $30.00 $60.00 $20.00 $5.00 \ . Silk Pajamas. . Mark Cross Co. Ladies’ Shopping Bags..........$10.50 to Pigskin and Morocco. 2 Ladies’ Suit ICages. ... «iv sosvesi . $5,00 to Plain and Fitted. Leather Picture Frames .........$4.25 to For All Size Photos. * ' Desk Calendars ....."...........$4.25 to Yet WE can solve it in- here. convenience v“GIFT BUYING” a “GIFT PLACE,” where hun- dreds of articles combining practical usefulness with artistic beauty await the is on every knotty prob- for is essentially Fancy Suspenders ..o .1 . s scc to “$6.00 One Pair in Box. Just Received. Initialed Handkerchiefs .. ......$2.00 and $3.00 Six in a Box. Full-Dress Mufflers ............$1.50 to $7.00 Latest Models. Gloves and Glove Orders . For Men and Women. Pure Linen. London and New York -$6.50 to $15.00 $1.00 to $4.50 $25.00 $55.00 $7.50 $6.00 reets, $207.916; | Bridge Whist Sets .. $3.00 to $11.50 In Assorted Cases. > Cigar Cases and Magazines.....$1.00 to $13.00 All sizes. 4 81 50 to $10.00 ..$350 to $25.00 Immense Variety. English Coin Purses............$1.00 to $3.00 | “Cross” Monogram Fobs......... .$1.00 | Regular Price $1.50. Xmas Special. Writing Portfolios Desk Sets. . Cigarette Cases English Pigskin. Roll-Up Dressing Cases - . .. Memorandum Books, Wallets, Match Safes, Medicine Cases, Book Sets, Etc. Photo Frames, Work Baskets, Etc. Innovation Trunks for Men and Women ............ 87, and $8> Steamer Trunks Hat Trunks Men’s Trunks Dress Trunks LOTS OF LEEWAY FOR YOUR PURSE—LOTS OF VALUE W EREVER YOU -PUT YOUR Merchandise Orders, Hat Orders, Glove Orders. ROOS BROS. KEARNY AT POST Very Artistie. T /865006 Pigskin, Morocco, Ete. oo 8 52 010$30.00 to 3 Six Pleges. Traveling Envelope Blocks . ..... 3 / Several Styles. .. . Ladies’ Dressing Cases. ..........$350 to 2 Assorted Leathers. Housekccping Book Sets.........$7.50 to ““Cross” Monogram Fobs .. ./...... ...... 4100 : Regular Price $1.50. Xrnas Special. Carriage Companions, Tray Purses, Traveling $20.00 $35.00 $8.00 $15:00 $12.50. . 13.25 t0 FINGER ( Merchandise Ordcré, Hat Ordgrs, Glove Orders. co leather bags, braided and double strap handles; fitted with card case and coin purse. Some have mirror and scent bottle, $1.25 to $13 each Opera Bags Newest novelties in Fanc Japanese Damask, Br Velvet and handsome painted Silk Opera Bags. Fin- ished with Roman gold top frames and silk cords, $1 to $12.50 each Brush and Comb Sets Sterling Silver Sets for ladies or gentlemen, consisting of two, three or four pieces, with ex- quisite raised designs. Also solid Ebony Sets with sterling silver monogram plates, $2.75t0 $17.50 per set Eiderdown Robes ripple Eider- Superior quality 1 down Robes, trimmed with satin. Colors are pink, blue, red and gray. All sizes, ‘ $3 to $10 sach A box of Handkerchiefs is al- ways an acceptable Christmas gift. We are showing a very complete line, embracing many new patterns in Embroidered Handkerchiefs and new styles | of initials. Initial Handkerchiefs in Boxes Umbrellas. A complete assortment of | men’s and children’s Um in silk serge, taffeta gloria. The newest des handles, comprising co: tions of gold, silver, pear metal, horn and natural wo Ladfes’ R1. Mens'. - .. R1. Children’s.. .....51.00 to Silk Petticoats Black Silk Petticoats, accordion pleated with flared fic 3. $5.00 to $20.00 each Colored Silk Petticoats, new shades—all styles— $6.00 to $15.00 cach Plaid Silk Petticoats. . $10.50 to ». 2.50 each Ladies’ Handkerchiefs—$1.00 $1.50, $2.25, $3.00 per box Y4-dozen. Men’s Handkerchiefs — $1.50, $2.40, $3.00 per box of 4 dozen. Children’s Handkerchiefs—28e¢ iancLbox, Y4-dozen in box. | Men’s Neckwear Splendid assortment of the new- 1 est styles of Men's Neckwear 1 in Four-in-Hands, Tecks and f English Squares, | ! 50c, 75c, $1.00. ...NO Cloves. We carry complete assortments in the best makes of Gloves for Men, Women and Children, including Dent’s, Fownes and Reynier Kid Gloves, and Kay- ser’s Silk Gloves. Open evenings until Christmas. Glove or i Merchandise Orders We issue Glove or Merchandise Orders which are redeemable atany time in alldepart- ments 1866 111t0 121 Post Strect 4 SAMUEL NEWMAN LIES ! JLL IN LOCAL HOSPITAL | | Former Prominent Democratic Pol- | iticlan Is Very Low After | | Operation at Waldeck. | | Samuel Newman, one of the best Lnown politicians in San Francisco, lles in a precarious condition at lhei Waldeck Hospital as a result of an| ! operation which he underwent two | days ago. For a time yesterday it was fearad that he would not live through | the day, but last evening the patient | fell Into a peaceful sieep, and at mid- | | night it was reported that he was | showing signs of improvement, al- though still very low. Newman was for many years prom- inently identified with the Democratic party in this city, and was also known | as a confidential friend of Chris Buck- v, the political boss. He served in several political positions, the latest being the secretaryship of the State Koard of Railroad Commissioners. Dur- ing the past few years he has been en- gaged in the railroad ticket business. His lllness was of a sudden nature and necessitated his entering the Waldeck Hospital at an early hour in the morn- ing a few days ago. —_———————— CITY WILL SOON OWN SITE FOR A CEMETERY | | | Supervisors Negotiate for Purchase of | ! Twenty-Five-Acre Tract in San i Mateo for $5000. I Supervisor d'Ancona of the Finance ! Committee stated yesterday that the ! eity will shortly be in possession of a cemetery for the burial of the indigent dead. The comjmittee is at present | negotiating for the purchase of a twenty-five-acre tract in San Mateo | County, which is deemed In every way | desirable for the purpose. The owner | of the tract has offered to sell it to ! the city for $200 an acre. As an ap- propriation of $5000 has been 'made to buy a cemetery site the city is in a position to ac- quire it at once. There are some details to be attended to in the matter, !but it is expected that before two | ! months have passed the city will be | burying its indigents instead of having | it done by contract, which has proven | objectionable in more ways than one for many years. | AUTOMOBILE CRASHES , INTO A STREET CAR | | Two Women Are Hurled to the Street, but Luckily Escape Serious Injury. - ’ The gayvety of an automobile ride for two women was rudely interrupted by 2 collision between the macHine and car 452 of the Jackson-street line at | Market and Powell streets about 11:39 o’clock last night. They were hurled violently to the pavement by the force | of the impact, but fortunately escaped | with only a few bruises. One was ren- | | dered insensible, but quickly revived | in.a near-by cafe. Hartley F. Phillips, who gave his residence as 187§ Market street, was | the chauffeur. He Kept his seat. He | swerved from Market street into Pow- ell at a lively pace, but did not reckon on the sharp turn the streetcar makes to run on the turntable. The left side | of the automobile was mashed. —_—————————— LIEUTENANT RICHARDS CASE WILL COME UP AGAIN TO-DAY 2 Girard, Retired. Lieutenant Richards’ case will come for hearing to-day in the office of E’. judge advocate. The place of Colonel A. C. Girard, who was retired . pyesterday from the board, has been filled by Colonel George H. Torne The other members of the court mx'- Colonel Charles Morris, president of the board; Captain John J. Bradley, (r:eclorde;r;n C;!lonle’l George Andrews, olonel R. H. Patterso: Louis Brechemin. I - General Moore will inspect the general hospital at the Presidio to- day at 2 p. m. This will completa his inspection work of the posts about the bay. The transport Thomas will sail for Manila on Saturday, December 31. She will take 504 recruits to go into the cavalrv and infantry ranks in the islands. —_—— Spend Christmas With the Home Folks The Christmas season will soon be here. If you have ‘home folks’” Why not visit them on the reduced rates offered by the Southern Pacific? It will not cost much to make a trip home or to visit friends, and Christmas will be a happier day for you. Tickets sold December 24, 25 and 26 will be good for return untfl December 27, whils tickets sold December 81 and January 1 will be kood for return untll January 3, 1906, Ask any agent about th ticket office, 613 Market mrect > & ¥ ——— Dead Pauper’s Body Found. Robert Winans, who had been an inmate of the County Almshouse since November 2, was found dead at 9 o’clock yesterday morning in a va- cant lot on Sixteenth street, near Kan- sas. He had been granted four days’ leave of absence, beginning Monday morning, and when last seen alive was intoxicated. A New Testament and a flask that had contained whisky were found in his pockets. Death was dua to natural causes. Winans was a na- tive of Ohlo, 69 years old. ADVERTISEMENTS. ABER' Wednesday, Thursday, Friday. Saturday. XMAS CANDLES, BEST, BOX 100 Best -‘Vac..mt:&”'fii ....... . 12¢ Brand. Corn fed, mild o W ure, swest; any LARGE FARD DATES_ 2 LBS, 2%, Mized Nuts ........ . ..Ib 15e Mammoth in size; bright, ‘worth 20¢ MINCE MPAT, MRS. FABER'S_ 2 LBS. 2S¢ BUTTER, square 30c Clover Valley Creamery, For table and cooking; usual size. ON SALE AT STORE. Coffee, Plum Pudding, Craaberries. Rai- sins, Poultry Seasoning. Popcorn, Pressed TFigs, Shelled Almonds, Pre- served Ginger, Table Fruits, Vegeta- bles, Shrimp, Lobsters, stc. SPECIAL LIQUORS. Kextucky 0. K. Whisky, 4 yr. gal. *2.25 Maryland Rye Whisky. -gal. 82.50 McBrayer Whisky, 8 year. .. .gal. 83. gal 82