The San Francisco Call. Newspaper, December 22, 1904, Page 16

16 £ HE SAN FRANCISCO CALI THURSDAY, DECEMBER 22. 1904 GLOVE NEWMAN & LEVINSON, Our CHRISTMAS ORDERS. to know the size or own selections when Are easily purchased gifts—You don't have buying an order. The recipients make their gloves are not desired, the ’or'der will be accepted at any department in the store. We also issue MERCHANDISE ORDERS for any amount, good in all departments at any time. Kearny and Sutter Streets color of glove when they choose—and if FRITZ IS CITED FOR CONTEMPT In the legal game being played in the courts between the Police Department and the Chinese gamblers three moves were made yesterday on behalf of the Orientals. Superior Judge Sloss cit: Police Judge Fritz to show cause why he should not be punished for contempt tion of a writ of certiorari; an » was made to Judge Cook ¢ habeas corpus for the re- Gong, who was let out on Yee Gong sued Chief of Po- 00 damages for | for a wri lease of Yee $100 bail; W false arrest In the matter of Judge Fritz's alleged empt, the affldavit was made by s in Chi- sited $8300 red for- appear Tk , which Judge Fritz d their failure his court to Then, on De- ttorney George D. Collins t of certiorari from Judge h Judge Fritz was pro- proceeding further with ding the hearing on the n the writ was is- r the arrest of 1 the hands of , and it is declared that to recall them that he would make s of the prohibition. n against the Police Judge | “ made returnable on v Yesterday afternoon Mr. had not had it served, and said understood that Judge Fritz the bench warrants, in the contempt proceedings | pushed. | plaintiff in the dam- | on one of the on Tuesday by Offi- | Minnehan mp y that he is one the raid. Judge | n on $100 bail and f habeas corpus return- Special Notlee. drews' Diamond Palace will be t this month. Finest| city at the very 221 Montgomery Gertrude Mernin Gets $2000. i a dentist, must pay | $2000 as damages for | Yy her through the extraction of a h conflict of evi- t's responsibility Dr d in her favor and | e Court finds no reason to Comvicted of Minor Offense. hn McCormick sallor, was tried v in Judge Dunne’s court a charge of grand lar. jury brought in a verdict 3 He will be sen- 2 McCormick Smith, a sailor, t street. Cure tor Consumption gives cases of Coughs and Cold. 25c. e ot a3 SWEDISH CLUB TO ENTERTAIN.—The | . Pleasure Club will give a Christmag aturday evening at vent will last all night, be there and weden danc- s tree will be-one of | ! { | Monnier’s | mental | she | put MRS, MONNIER IPENS DEFENSE After many postponements and de- lays George D. Collins, counsel for the defense in the Monnier will cdntest, | opened his side of the case yesterday morning in Judge Graham’'s court. The first witness was the daughter o7 Mary E. Darling, who said that her | mother adopted_George Monnier Jr., then knewn as Charles D. Dewey, and that she did not believe that George was in any way related to the elder Monnier. Dr. J. Albert Bourne gave expert testimony as to the cause or death and ascribed it to excitement causing cerebral apoplexy. At the beginning of the session Judge Graham overruled three mo- tions made by Attorney Collins and submitted the issues involved to the jury. One was the request by Col- lins to strike out all testimony relat- ing to the illegitimacy of George Mon- | nier, as the adoption record introduced by the contestant precluded the testi- mony. Collins also moved that all tes- timony regarding the alleged state- ments of the elder Monnier as to what he intended doing for his son be stricken irom the record. Jessie Frances Siblette, the daugh- ter of Mary E. Darling, was the first witness called by the defense. She proved very aggressive when cross- examined by Attorney Sullivan, mak- ing several sharp retorts and from | time to time appealed to the court to protect her from answering the ques- tions asked by Sullivan. Mrs. Siblette testified that her mother brought the contestant, then known as Charles D. Dewey, to her house when he was 2 years § months old. She admitted that she had left her employment in Los Gatos to come to the court to prevent falsehood, as | she characterized the testimony that young Monnier was the illegitimate son of the elder Monnier. She also admitted that her mother was known as Mrs. M. E. Meecham at the time gned the adoption record as Mary E. Darling and that later she addressed letters to her mother as Mrs. M. E. Ferrea. In the afternoon Mrs. Monnier was called to the stand by Collins and told of the early life of George Monnier Jr. and his adoption into the family. She said that at no time had the elder Monnier told her that George was his illegitimate son. Sullivan attempted to Mrs. Monnier had taken letters, sent by her to George while in Europe, from the son’s trunk at the time she had the young couple ejected, but the witness denied any knowledge of the whereabouts of the letters. The case will be continued this morning at 10 o'clock. —_—— Murine Eye Remedy. A home cure for Eyc troubles. Wins friends. Used for in- fant and adult. Murine doesn’t smart. * —— PREPARES TO PURCHASE.—City Attor- ney Long erday issued a statement to the t the work of acquiring the parks and o playgrounds provided for in the recent bond issue is being rapidly pushed forward. Within the past few weeks the owners of the property to be taken have all been ascertained, and final arrangements are now being made to | bring about a transfer of their interests to the city. ———— Have it printed by Edward Knowles Com- pacy, 24 Second street. near Market, - —_———— ADMITTED TO THE BAR.—Oakland, Dec. 21.—Harold F. Mills of East Oakland has suc- cesstully pasced his examinations and been ad. mitte: e ba: of California. —_——— A dream of pleasure, the new two for quarter size American, $2 75 box 25. » e ————— t BURGLAR STEALS PURSE.—Oakland, Dec. 21.—A burglar to-day stole a purse and | £20 from W. Hyland’s residence, 3823 Grove strey ADVERTISEMENTS, A delicious sweet for the Christmas Tree’ Get them from Confectioners and Grocers. 10c 25¢ prove that | Arxested for Images Wit flected by BY JAMES C, Signor J. Palechi's hair flicked his velveteen shoulders as with head | art appreciation reflected by his ar- | rest for hawking clay statuettes with- | out lcense. It was a sad commen- tary on the vaunted culture of this | community, he averred, that no dis- ! erimination is shown as between the | peddler of fish or vegetables and the vender of articles promotive of esthet- ic taste. “Whatta da use,”” he demanded, ‘‘of da artist trya ta maka da leev if he + — | | —fe ! peenched when he no hava da lice? Ha, ha! Itta makh me seeck.” It was Signor Palechi’s second ar- raignment on the charge of violating the license ordinance, the first one having resulted in his dismissal with a warning, a fact of which he was gently reminded by Police Judge Mo- gan. falatesta,” was the “Whatta da qdiff, eh? Sella da stat no maka da mon lack sella da feesh. C a da feesh—maka da stat, eh? P da lice " be brok alla da time, eh? Ha, ha Notta mooch! No, sare!” The Judge explained that his func- tion was not to make laws or repeal them, but to aid in the enforcement of such laws as were operative. Re- grettable as was the non-exemption of art works from taxation by license, such taxation must be obeyed by the court until it is wiped from the or- dinance book. Inquiry developed the information that Signor Palechi’s endeavor to ele- vate the art standard of this mater- ialistic city consisted of his manufac- ture at home and offering for sale abroad miniature plaster images of personages famed universally or lo- cally. His collection of molds en- abled him to turn out exact counter- feits of Napoleon Bonaparte, Mrs. Carrie Nation, Garibaldi, Young Cor- bett, William J. Bryan, Aguinaldo and May Irwin. He was preparing casts of “Battling” Nelson and Mrs. Chad- wick, but was uncertain as to whether he would finish the former. Case continued till January 6. & wl Aftermath of the Britt-Nelson com- bat and its effect upon a mercurial public' temperament was visible in three of the departments, Judge Con- | lan being the only member of the magisterial quartet v ho was not re- minded of the greai battle. { Judge Fritz had the cse of Michael | Alden, a little Swede, who bet and lost {on Nelson and then was twitted on his lack of discretion until he as- sailed two of his tormentors. “Ay ban feel-an sore,” he informed the | court, “an’ two fel-lahs yust talked at | may till ay | pinched.” He was fined $5 for fight- ing. Frank Johnson, also of Scandina- vian birth and predilection, was fined a like sum by Judge Cabaniss for dis- turbing the peace of a Market-street car on which he was riding ferryward after the fight. So provoked wag he by the exultation of certain Britt par- tisans that he smote one of them and was in a fair way of being slaugh- tered when the policemen rescued him. “Ay ban one fole toe bet,” he said, “an’ ay bay one odder fole toe fight.” Nels Nelson lost this month’s wages because of the great little Dane’s in- ability to beat the native son, and then he borrowed $2, which he spent for intoxicants until he was so drunk that he offered to tle one hand behind his back and with the free member en- gage Patrolman Curtis in any style of boxing the officer might nominate. He was dismissed by Judge Mogan. “I had a hunch that Britt would win,” said Miss Nora O’Connor to Judge Mogan, “and had $20 ready to bet on him when Lena Larsen told me the fight was fixed for Nelson to get the decision. Well, Judge, you know how the scrap ended and I guess you can imagine my feelings. I may have taken a few drinks, but I was not lcoking for Lena and telling everybody 1 was going to kill her. Anybody who was in the dance hall before this po- liceman came in can tell you that I Miss O'Connor was permitted to wear off her sickness of spirit in free- dom. Robert Erskine was watching the newspaper bulletins from the ringside and commenting thereon, his criticism being freely punctuated with expec- torations upon the bystanders as well as the roadway, when Patrolman Krack snaked him out of the inter- ested throng and booked him for vio- lating the anti-spitting ordinance. Dis- missed by Judge Fritz. Thomas Brennan, a race horse fancier, went out to the ocean beach to ascertain how Britt looked and felt on the eve of battle and found the shifty lightweight splashing in the surf, while a great throng, divided as to sex, stood and admired. Disrobing on the spot and neglecting to don a bathing costume, Mr. Brennan leaped into the billows to an accompaniment of feminine screams and was disport- ing in a way that eclipsed James Ed- ward’s best natatorial stunts when a ART DISCOURAGEMENT DEPLORED BY HAWKER 'Derides Spifit of Materialism Re- . CRAWFORD. aback he derided the public lack of | rejoinder. | yumped them an’ was | wag feeling too sore to say anything.” | Selling hout License. Clay. Ordinance. oliceman happenedalong, and, for ob- us reasons, arrested him. Mr. Brennan did not appear when his {name was called in Judge Cabaniss’ ccurt and the $50 bail which he had deposited has gone to the municipal- ity’s enrichment. . Mrs. Rose Belletti, about 40, buxom ' ad decently dressed, was accused .of shoplifting at the Emporium and the arresting policeman told Judge Mogan llhal her digital dexterity might be en- ivied by Herrmann the Great or any other professional prestidigitateur. She had been detected in the act of palm- ing a ring in Hale's, the officer said. before she visited the Emporium and palmed a silk handkerchief. Her at- |torney asked for a jury trial and its date will be set to-day. . . lan | “ Charles Reynolds and Lester Selig, Young fellows, had “lifted” a number ,of gloves and silk handkerchiefs in | the establishment of Caspar Rainer. | 811 Market street, when they were | | caught and turned into custody. Judge Cabaniss aplece. gave them flve months A John Keenan's brother Pat swore to | abstain from the touching, tasting or handling of intoxicating fluids for a | period of sixty days, the oath being | suggested by Judge Cabaniss and ad- | ministered by Clerk ‘“‘Barney” Conlan |in open court. Pat apparently did not ! relish the pledge, but accepted it as the | lesser of two discomforts, as it was the prescribed alternative of his serving two months in jail, where he would be obliged to practice total abstinence, | anyway. It was for rudely ! invading John's | shoersXer shop, at the Potrero, that | Pat found himself accused of disorder- |1y conduct, including battery. John ‘was quietly pursuing his vocation when Pat burst in upon him like a | whooping cyclone and began to cast | implements of his brother’s craft and | boots and shoes left for repair through | the door to the street. John arose from | his_stool and ventured expostulation, “whereupon Pat vicked a lid from a hot stove and hurled it with accurate aim at John's eye. What other out- rages he would have committed if a policeman had not fortunately arrived in time to prevent them John was un- | able to surmise. | _“I have already sentenced you to one | thirty-day term and one fifteen-day iterm, both for peace disturbance,” sald | 3 the Judge to Pat, “and now I suppose it is my duty to double the largest pre- vious dose by giving you sixty days. ‘Whereupon the complaining brother expressed hope that the court would try some reformatory experiment other than imprisonment, which seemed to have no deterrent effect upon Pat's penchant for drinking to excess. “Why don’t your Honor make him take a pledge of temperance?’ John sug- gested. | “'Tisn't a bad idea,” responded the. Judge. “Barney, swear him off for| two months.” | After the ceremony John and Pat| shook hands and left the courtroom to- gether. . Frank Alquist of 245 b Steuart street Anvmmmu;m‘s. DON'T Don’t simply *‘get a bottle of cough medicine.” Get| Good cough medicine. Ask your druggist for Adams. | ESS TN {Irish Moss Cough Balsam and you will have the best, the kind that cures in a day. It costs you no more than the thousand and one un- known kinds that the dealer tries to sell you because of lzrger profits. 1 | i | posing counsel. LAST APPEALS MADE T0 JURY Dolbeer Will Contest to Be Submitted To-Day, After Court Gives Instruction MISS WARREN IN TEARS McEnerney Eloquently Tells of the Deep Regard Ber- tha Dolbeer Had for Her The Dolbeer will c: the verdict of the jur closed théir orato day afternoon a: Coffey will give the' to the eleven ‘men | tried and true. early in the trial becaus was agreed by couns: for nine votes are s dict. In his closing apps noon Garret W. McEnerney soared into eloquence in describing the affection felt by Bertha Dolbeer for Miss Etta Marion Warren. He said that the tes- tatrix was actuated by sane and worthy motives in bestowing her bounty on the woman whom she de- scribed in her testament as voted friend,” and whom John Dolbeer solemnly designated in his will as “a member of my family.” Miss Warren gave way to tears when the attornev spoke his feeling words. Refined womanhood had fortified her many days during the ordeal of the trial and through the words of reproach by op- But she could contain herself no longer when McEnerney touched the depths of the affection for the girl now dead, whom she had cared for from childhood and reared through the years to womanhood. To drive home his point that there was every consideration of proorietv. of love, of reasonable impulse. and of the motives that usually go to the making of bequests, McEnerney very effectively quoted from the transcriot the declarations that the witnesses sald Bertha Dolbeer had made to them concerning Miss Warren. OVERWHELMING TESTIMONY. To Harry Holbrook she said: “I hooe I shall live long enough to pay back in some small way Miss Warren for all her kindness and all of her goodness to me."”" To Miss Helen F. Wagner Miss Dol- beer declared that Miss Warren would always be well provided for by her. To Willlam P. Horn. who called on her after the death of her father. Miss Dolbeer said ren.” To is all over but| The attorneys | Open _To=Night Few Gift Hint may help you finish your gift morning if you wish to avoid a Vesterday after- | “my de-| “she still had Miss War- Mgs. Horace Blanchard Chsse‘\ Miss Dolbeer had said. in speaking of | herself and Miss Warren, “We are like | two sisters in one family.” To Redick McKee Duperu the testa- trix said she thought Miss Warren was the best friend she ever had in the world, except her father. To Miss Ethel Hager: ‘Miss Warren +* t 4 went a-wooing Miss Kittie O’Connor at the Ferry Hotel on East street, and after an agreeable tete-a-tete and a tender leave-taking he missed three $5 gold pieces which were in one of his vest pockets when he commenced courting. With reluctance he arrived at the conclusion that Kitty had pil- * fered the coins, and his suspicion was verified when two of the golden disks were found concealed in her back hair, which was arranged in a Maxine Elliott puff. The third V could not be dis- covered by the searching policeman, however, nor would Kittie furnish him with a clew to its whereabouts, so she was arrested and charged with petty larceny. More testimony will be heard to-morrow, by Judge Mogan. — ADVERTISEMENTS. fi%t**fim? THE HONOR OF THE GRAND PRIZE AT THE ST. LOUIS EXPOSITION HAS BEEN AWARDED unter Whiskey FOR THE HIGHEST ORDER OF MERIT IN ALL THE ELEMENTS OF A PERFECT WHISKEY 1005 Borond by ReA P bt nd St., 3 Telephons Private S18. None So Economical Price $185 New Bicycles at Prices, | | i | { When one of the jurors was. excused of illness it ' &0 forward, Hent for a ver- | ! witnesses that had been called by pro- which tires some folks. mas postoffice, rear main floor, your packages. Santa Claus Bulletins Christmas everywhere. Wholesale Pr to Churches Charitable Organizations. 1nd s From Hale's It's hurry time. Three more shopping days. To-day’s news -buying to-day. Especially t great part of the enthusing whirl, Even a Christ- where you can register and mai First the Toys And books and games. Nearly two floors, overflowing, spill out some of the best Christmas news yet, to-day. At 50c—“The Night Be=- fore Christmas’’ In a book with lots of pretty ple- tres, In many colors. It has a fine binding and heavy paper. The pub- lisher's price was $1.50. Just in time for the Christmas stocking. 50c. A Blackboard at 95¢ That is a desk and a checker board at the same time. Others 25¢, 45¢ and $1.25. An Air Gun for 48¢c That shoots a rubber ball and shoots it straight and far, but is absolutely harmless. A Tea Set at $1.10 Fifteen pleces, with dainty floral decorations and gilt edges. Big enough for the little girl to use. Suggestive of dozens of other equal- 1y economical sets from 25c to $7.50. Spend a jew min- | Qive a Hale utes in Santa Claus’ Art Gallery It's ;nlrrextmp Nearly 5000 orig- inal pictures of Santa with verses ale: <9900 65055 Market Street, Near Sixth, S. F. There is comfort and ease for him A Smoking Jacket There is more satisfaction for you in giving him the pattern that pleases him most You can choose it here from a splendid variety at from $3.75 to $10.00. They're made of all-w cloth, plaid pockets and cuffs, with sil cord trimming. Fancy Boxes Make Pretty Useful Gifts The prettiest that are here will be taken first to-day. You can have them if you will be first. Collar and cuff boxes, 50c to $3.35. Necktie boxes, 50c to $3.25. Glove boxes, 40c to $3.75. Handkerchief boxes, $1.00 to $2.75. } In celluloid, fancy wood and burnt wood. STERA A MR RSN R I Notice || We will Deliver Free All Pur- | chases amounting to $5.00 | or more /o any railroad or boat shipping point within i0o miles from San Francisco. Glove Order ng the dren to Se2 Santa Claus 4th floor. Morn ings, afternmoons and evenings. No candy Chil- has been mother, sister and brother to me. She has been with me since I was a little girl and has always looked out for me. I consider myself most for- tunate in having her.” To Miss Alice Hager: “I am more fortunate than any one will ever know. | I can never thank Miss Warren for what she has done for me.” Miss Grace Spreckels testified that Miss Dolbeer and Miss Warren were like sisters. To Addison G. Mizner, Miss Dolbeer sald at the time of her father’s death: “I do not know what I should do with- out Miss Warren. She has been moth- er, sister and brother to me, and now she is to take the place of my father as well. Miss Warren is the only one who is near and dear to me in the world.” And to Mrs. Phillips, Miss Dolbeer had declared: “Well, auntie, I am used to Miss Warren and she is used to me.” McEnerney named the long list of ponents to tell of their observations of Bertha Dolbeer and to give the opinion that she was of perfectly sound mind. It would have been imvossible, he as- serted, for any signs of melancholia to escape all of them. To offset the ex- pert testimony adduced, the proponents had brought Dr. who conversed with the testatrix for two hours in Paris and never noticed a sign of failing mentality. MISS WARREN'S ATTITUDE. As to the fact that Miss Warren was not called as a witness, of which con- testant’s counsel had declaimed much, McEnerney said the proponents did not wish to place her on the stand to be baited for several days by Johnson. There could be no other outcome than charges that her testimony was un- worthy of belief if it was not favor-| able to the cause of contestant. Furth- | ermore, the way for admission of af flood of depositions taken in New York | would be opened if her testimony were allowed and the trial would be inter- minable. The policy has been pursued as }val{ the juridical system in this country till | 1865 of closing the witness stand to any | party in interest. The case could be| proved all the more satisfactorily by disinterested witnesses, declared Me- | Enerney, and as such testimony was| abundantly avallable the proponents | chosc this course. McEnerney did not pay much atten- tion to the testimony of Mrs. Elizabeth C. Phillips, the most important witness for the contestant and the only one who testified that Bertha Dolbeer was of unsound mind. The showing that had been made as to her efforts to force Miss Warren to disgorge $15,000, to be added to her bequest of $10,000, was sufficient for the jury, he said. Me- Enerney continued as follows: No man can say whether Miss Dolbeer's Herzstein forward, | jpursuit of happiness? Cynicus—To | sprinkle salt on its tail, my boy. J ADVERTISEMENTS. 39 STOCKTON ST., NEAR MARKET TELEPHONE MAIN 5523 From an immense line of fins groceries at low figures we mention but a few here with our CHRISTMAS GREETING. THURSDAY, FRIDAY AND SATUR- DAY SPECIALS: Honey Lake Creamery Butter..sq. 36c Petaluma Cold Storage Eggs. .doz. 29¢ | Every egg guaranteed. Xona Coffee, Roast or Grouad..lb. 20c This special watched for by all coftee lovers. Reg. 2bc Cape Cod Cranberries. .. Nothing finer grown. | | I | | per qt. 12%¢ Italian Chestnuts. Home-Made Mince . ...per Ib. 15¢ t..per Ib. 12%5¢ wholesome. . .per Ib. 15¢ zils, ‘Pecans, Fil- . ‘Bra: . all best quality. Table Raisins, in clusters. .per Ib. 150 Ree. 20c English Fruit - 1-1b. k. 350 Rex. 33c. Cake. ... Sample it at the store. Large White Asparagus... per tin 8. & W. or Red Ribbon brand. Reg. 3 Plum Pudding, 1 2, 3, 4 1b. cans— 43¢, Reg Richards worth. French Mixed Candy... The best candy made. W Navel Oranges . . Good size and ‘quality. A falr quality at 20c per doz. Family Bourbon...bot. 60c; gal. $2.50 Rez. 3¢, $£3.00, ©. X. Bourbon. ... .bot. 75¢; gal. $3.00 Reg. $1.00, 4 Hermitas .bot. 90c; Fal. $4.00 Reg. ‘l'&..%. . California Brandy..bot. 75¢; gal. $3.00 Reg. $1.00, $4.00. Port, Sherry, Angelica and Muscatel. Reg. d5c, Reg. Tdc. Robinson or Gordon. & Diil- per Ib, 35¢ hy pay mor . Soe. ATl our wines and liquors selected with the greatest care for purity and excel- lence for the holiday trade. Full line of CORDIALS and CIGARS. death was accidental or a sulcide. She left no evidence of a purpose to take her own 1 She had written to San Francisco that would soon return home. She started from Parls with the intention of returning home. In New York she drew $S00 on a letter of credit to pay for the tickets to San Fran- cisco. She called the morning before her death at the railroad office to engage reserva- tions on the train. The day of departure had been fixed. In every way did Bertha Dolbeer sanely make arrangements for the trans- continental trip to San Francisco. The only evidence produced to show that this young woman committed suicide Is the belated testimony. of Alfred Armand, who deposed that he saw her “‘walk out of the window of the airshaft, appearing to him as if making her way out upon a roof garden. The contestant in his opening statement said he would prove that Bertha Dolbeer suffered from insomnia comtinually, but when the wit- ness stand was opeged not a bit of evidence to this effect was. Mrthcoming. On the con- trary we have proved sufficiently by the evi- dence of Miss Grace Spreckels alome that Tertha Dolbeer did not so suffer. You will remember that Miss Spreckels told of the visit of a varty to Menlo and of the days of ex- citement. = Yet Bertha Dolbeer slept soundly, says Miss Spreckels, who occupied the same rocm with her cne night. The following night they slept I separate rooms and on. inquiry by the witness the next morning Miss Dolbeer said she had passed a restful night. This failure of the contestant to prove the assertion made in the opening statement is but one of the many pretensions that have fiimsy foundation in his case, Johnson's final appeal to the jury was about an hour long and he went over ground largely covered in his opening address. He again made much of the allegation that powerful influ- ence aided and abetted Miss Warren in the case. ——————— Sillicus—What is your idea of the Why? Why not get a reliable Salt for your table? Why not get an ab- solutely pure Salt? Why not et & i The quantity of the food taken is not the measure of its nourishment. The quality is what counts. Many babies take large quantities of food and geta small amount of nourishment. Mel- food get a [arge amount of nourishment. Send for our book !