The San Francisco Call. Newspaper, December 23, 1904, Page 7

THE SA FRANCISCO CALL, FRIDAY, DECEMBER 23, 1904. DOLBEER JURY PROMPTLY SUSTAINS WILLJTOLNG LovER THE ISSUE AND THE VERDICT. Was Bertha M. Dolbeer of sound mind at the time the instrument offered for probate as her last will was scribed by her and witnessed by Douglas S. Watson and Arthur B. Watson? Yes. Answer; sub- Jurors Agree That|? Testatrix Was Competent. MISS WARREN WINS| Schander to Appeal | From Order of Probate McENE R\H 5 PLEA -~ SWEPT DOUBT. ded as AWAY ALL ADVE KTI\L\IL NTS. Brand Evaporated GCream bears the above cap label. Contains fully as much food substance per canas the watery imitations in larger cans. 1t is smooth and perfect because skillfully pre- pared. lts purity is guarantsed. & | | THE WILL Y ISAT AL DOLBEER, WHICH HAS LATIVES OF THE TESTATRIX give testimony testant Whether M the death was accident not proved. As to diate in the contes the question e mental competency of the testa- behalf of the in suicidal rony to prove was absolutely the contestant could do was to argue mere probabil On the other hand the testimony for the propoments on this point was overwhelming. In the | last which to found the contest. While ation of the will, Miss Warren was m in view of the successful outcome the long and taxing trial. A num- her friends who were in the courtroom crowded about her to give congratulations, but she was almost shrinkingly modest through it all. As the jurrmen left the courtroom she bowed her thanks to them, but’ there was nothing of exultation in her man- | ner or loss of control of herself. It was to a woman representative of the press that Miss Warren di d re self- confidence and to her she beamed and miled over the result. It was said in ttempt at disparagement during the ‘na that Miss Warren sat cold and im- ile when the storm rained words n her the fiercest, but no insinua- uld be more unworthy or un- just, for good sense, refinement and { the charm of modest womanhood char- acterized her manmer throughout her trying ordeal. ! Judge Coffey was less than half an hour in giving his instructions. He pointed out very strongly that the sole issue in the case. the question for the ors to determine, was whether Miss | r was competent the day she| Phineas F. Ferguson was the fore- man of the jury and the following were his fellow-members: Sibbert Peterson, ! Charles A. Slack, Edgar W. Briges, | Christopher Branagan, William Henke, | Michael Shannon, Edward Convey, |Jonn Higgins, Emil Lowenberg and | william G. Copeland. They were polled | | after the verdict was announced and | each signified his decision In favor of the validity of the will | William G. Mugan and George D. { Gray were then called to the stand in| proceedings seeking an order admitting the will 1o probate. They testified that the appraisement of the estate totaled $921,000. Douglas Sloane Watson and testament, verified its execution, and Judge Coffey then granted the, order. Johnson & Johnson, for the contes- tant, in their notice of appeal, com- plained that Judge Coffey erred in re- fusing to admit several depositions that | were offered, in den¥ing the request) that Miss Warren be called to testify, | and in failing to give an instruction to| the jury that the suicide of Bertha Dol- beer on July § was to-be taken into | consideration in deciding her mental | condition on April 23. —_—————————— WOULD BE POLICE COMMISSIONER.— Thehtmwlrmlor-m mtment .as Police Commissioner succeed Howell h An.bur Dudley Cross. (}_ i= in_the stock broke: business and was a schoolmate as| 1904, the day she made | insanity | lacking. The best that' analysis there was very little upon | MISS WARREN CALM. { highly pleased with the vin-| Arthur B. Watson, the witnesses to the | | ILTED LOVER Woman Suod for Breach of Promise Settles C(ase Out of Court for $400 ERECRE N Special The Call. GOSHEN, Ind., Dec. 22.—For the first time in the history of this State a | woman to-day was ced to pay for having jilted a lover. Mrs. Susannah Altland compromised by the payment of ready cash the suit for breach of promise brought against her by Ephraim Bickel. Mrs. Altland paid $400 to the plaintiff through her at- torney and the incident was formally declared closed. Both of th declared th persons most interested complete satisfaction in this, the lat urn in the ca Bickel won prom of Mrs. and’s hand in marriage, but a New York traveliug man won M Altland, hand and all. Then Bickel's ardent love turned to hate that sizzled. Finally he filed sait for damaged heart and breach of promise. Bickel is a native of Arkausas and Mrs. Altland lives in Elkhart Coumy, this State. She evidently man or the outcome, for she preferred that the suit should not come to tria: Hence the dismissal of the case to-da —_———— Boon for Married Soldiers. WASHINGTON, Dec. 22.—The Sec- retary of War has issued an order au- thorizing recruiting officers to grant the privilege of living out of quarters to soldiers who were married prior to the last enlistment or prior to their tramsfer to the recruiting service and also to soldiers who hereafter may re- ceive permission from the War De- partment to marry. —_—— Pyrography Outfits And all manner of wooden things and | sheepskins to burn. Hundreds of de- signs not shown elsewhere. Artist Ma- terial Department, Sanborn, Vail & Co., 741 Market street. . life througk — FREE FRI PLUM PUDDINGS —Or— MINCE MEAT. WITH SUNDAY CALL SMALL ADS. ARMOUR PACKING COMPANY’S { FAMOUS BRANDS. Free With Every Small Ad in Sunday Call. See Small Ad P for Further- 4 te of the Mayor. ~+____~q+ feaved the | GIVES BLAIR L G00D NAME ‘h‘m‘ernor-Elect of Missouri s Suit to Cancel 00.000 Insurance Policy ———— ST. LOUIS, Dec. 22.—Governor-elect Joseph Folk was the first witness to- day in the hearing of the suit of a New York life insurance company to cancel the $200,000 policy on the life of the late James L. Blair. Witness said he knew Blair, who Was a leader at the bar, and declared that no man had higher standing as a citizen before reports began to circu- late about him. He told of the efforts of Blair and John D. Johnson to raise | funds for the unearthing of frauds in the election of April, 1901. Witness never saw the original subscription lists circulated by Blair, but said he| turned over $6000. Folk said he first heard fumors about Blair in September, 1903, and had an assistant fnvestigate to learn if they | were well enough founded to justify a |Grand Jury inquiry. Continuing he { said: e After a newspaper had made reference to the fact that the Grand Jury might take up the case, Blair called on me. He said he h: | heard the Grand Jury might take up the m {ter snd he was giad of it. He sald it ha | preyed on his mind for a long time. He sald ke had a r who was very wild and who had given him trouble for a long time. This brother, Blair said, had forged some docu —deeds, 1 belleve, he sald—and that he | had Kapt the matter quiet out of consideration for their mother, 80 years old. Now, he said. he was satisfied for the truth to be known and | said he would render me any assistance he | could. He sent me the name of a Mr. Robert 1 told Mr. Blair that the Grand Jury's tn- vestigation would be thorough and that, If | the evidence showed it ought to be done, he | would be indicted. Blair repiied that he ex- pected no favors. Andrew J. O'Connor, a title examiner, testified that he had been unable to find any record of a large number of deeds of trust, all of which the plain-l tiff company charges were forged by | Blair. B — CHICAGO HOTEL GUESTS ROBBED BY BELLBOYS Nearly $1000. | CHICAGO, Dec. 22.—A gang of bell- | beys, organized to steal the property |ol’ guests in the downtown hotels, has been discovered by the police and money and jewelry amounting to near- ly $1000 has been found in their | Roe- session. The discovery was the result ot the theft of $180 and two gold watches from Edward Combess. His room- mate, Ernest Greenstein, was arrested and confessed to the theft. He then told the police that Frank Barsted, a beliboy in a downtown hotel, could lead them' to the spot where the money had been hidden. ! Hazel ja dollar. TAKES POISON Swallows Chloroform ‘When ilis Plans to Elope Are Thwarted by a Detective DOCTORS SAVE HIS LIFE Miss Whom He Had Hoped to Marry Says She Does Not Desire to See Him Again Epecial D h to The Call. PORTLAND, Dec. 22.—Despondent { because his plan for elopement with | fifteen-year-old | "diugh(er of a building contractor, liv- | ,ing near Arleta Park, had been thwart- Wilson, the ed by Detective Hawley of the Boy and Girls’ Ald Society, Benjamin Boyn- ton attempted suicide last night by drinking chloroform. Boynton is the son of Assistant Superintendent B. F. Boynton of the Oregon Water Power and Railway Company. Boynton, who is 21 years old, had been meeting the girl clandestinely and | they had planned an elopement for last Saturday. Miss Wilson confided to a girl her intention, the friend informed her own sweetheart and he notified De- tective Hawley. The officer had a long talk with Miss Wilson and she sent Boynton word that she did not care to see him again. Boynton, who had been residing with George Richardson at 84 East Eighth street, walked into the parlor last night and shortly afterward feil off a chair, moaning: “I have taken chloroform. Let me} die.” The police were notified and removed Boynton to the Samaritan Hospital. He is out of danger. —_—————— SIOUX CITY ENGINEERS PREPARE THEIR REPORT Devise a Plan for the Reclamation of Overflowed Land in the Sac- ramento Valley. SACRAMENTO, Dec. 22.—The re- port prepared in Sioux City by the board of engineers employed to de-| vise a comprehensive plan for the re- clamation of the overfiowed lands in | the | the Sacramento Valley and for improvement of the navigable water- ways therein reached here this morn- ing. It was accompanied by a large map. The Governor announced that noth- | ing concerning the recommendations made by the Sioux City board would be given out for publication at this | time. The report will be very care- fully considered by him and members of the auditing board and of the River and Drainage Association, in conjunc- tion with Commissioner Ryan and En- gineer Nurse. Then it will be turned over to State Printer Shannon. The map accompanying the report | is a large affair and before it can be utilized for purposes of publication in the printed copies that will be turned out. will have to be photo- graphed and reduced. But even this method would fail to show the colors in which the map is laid off. There remains much work to do in connec- tion with the report and Engineer | Nurse and his assistant, George Ran- dle, will have their hands full for the next few days. — e GOVERNMENT DISPLAYS FOR PORTLAND EXPOSITION Departments Are Making Arrange- ments to Give Exhibits That Will Be Complete in Every Detail. PORTLAND, Dec. 22 Exposition. will be complete in every detail. The lirgesh exhibits will be the fisheries, which will occupy 12,000 | Teet; agriculture and forestry, 10,000 | square feet, and the War Department, with the Philippine exhibit, square feet. Another interesting por- tion will be the Alaskan exhibit, which has been allotted 6000 square feet. The other branches of the Govern- ment’s display will be from the State, Treasury, Postoffice, Navy and Interior | departments, departments of Justice and Commerce and Labor, an irriga- tion exhibit, exhibits from the Smith- sonian Institution and National Mu- | seum, Bureau of American Republics and the Library of Congress. e Y New York Life Policyholders Should read the analysis of the New York | current | Life financial methods in the numbers of the Era Magazine; 10 cents, all mews stands. —_———— Highwaymen Rob a Chinese. REDDING, Dec. 22.—Loule Lock, a Chinese vegetable gardener. living on Clear Creek. six miles south of this city, was held up by two masked men this morning and robbed of less than Sam Song, his partner, was robbed near the same place last Sun- day morning. William Jones, a Red- ding vouth, was arrested for the Sun- day robbery and was held for trial in the Superior Court —————————— VICTORIA, B. C., Dec. 22—R. C. Tatlow, Finance Minister of British Columbla. returned last night from London, England. He reports | that a large number of immigrants are ex- pected to leave Engiand shortly for this prov- inee. —The Govern- | ment exhibit at the Lewis and Clark | TITLE TO LAND [S NOT CLEAR Strange Mistake Made Many Years Ago Is Revealed by Action Begun at Stockton DEED 1S GIVEN | 1 WRONG of Property Situated in Another Part of County ey Sdecial Dispatch to The Call. STOCKTON, Dec 22— that involves a remarkable mistake made many years ago was begun Wednesday. All that appears of record \IS that Public Administrator J. S. | Mouiton has applied for letters of ad- ministration on the estate of Edward William Underdown, who died between 1864 and 1870 leaving an estate consist- ing of the north half of the southeast quarter of section 33, township 3 north, ‘rang 9 east. Some time before his death Under- down sold his land to persons residing in this county whose names are for the present withheld, but in making out the deeds a mistake was made in de- scribing the land so that the deed pur- ports to convey a piece of land in the opposite end of the county from the piece intended. The mistake was not discovered until a few months ago. Un- derdown died leaving no estate and no relatives. The persons who had unwit- tingly received a deed to the wrong piece of land were worried. Underdown had left no kin whom they could sue to quiet title. They were in possession of the right land, but their title was defective. Attorney R. C. Minor was appealed to and he evolved the scheme of having the Public Administrator se- | cure letters of administration on Un- derdown's estate valued at nothing for the purpose of having this official act as the defendant in a friendly suit, | which will now be brought to quiet title. A legal action ‘PRESEA\'TS TWO CONTRACTS | IN SUPPORT OF CLAIM Dr. Zeigler Scores Point in Fight for Part of Fortune Left by Mrs. McVicker. CHICAGO. Dec. 22.—Dr. L.C. H. E Zeigler, in the Probate Court, to-day filed a bill of particulars in connec- tion with a bill of claims filed two weeks ago against the estate of the late Mrs. Harriet G. McVicker, who died recently in California. Mrs. Mc- Vicker was the widow of the widely known theatrical manager, J. H. Mc- Vicker. Zeigler's claim In full amounts to $126,000. The bill just | filed includes copies of contracts, which Zeigler claims existed between | himself and Mrs. McVicker. The bill shows two contracts bearing on the | $100,600 which Zeigler asserts is due him as part of his claims against the | estate, The first contract is dated December 19, 1899, and provides that after the | death of Mrs. McVicker the sum of $100,000 shall be paid to Dr. Zeig- ler as soon after the demise as paos- sible. This money, according to the contract, was to be given for services as medical adviser. The second con- tract is practically a duplicate of the | first one, the exception being a change in signature from “Mrs. J. H. McVick | er” to *““Mrs. Harriet G. McVicker. The reason given for the change in signature was a desire to avoid a pes- sible legal technicality. The contract includes the following information: That the party of the first part. Mrs. Har- riet G. McVicker, being aware that seme un- scrupulous persons have conspired to ruin the doctor’s reputation and business, willingly and | Gnnesitatingly causes this change of sigma- | vure. ——————— | PETITION OF RECEIVERS IS DENIED BY COURT 7600 | | Judge Grosscup Refuses to Order Sale of Streetcar Companies Controlled i < by Union Traction. | CHICAGO, Dec. 22.—Judge Gross- | cup in the United States Circuit Court to-day refused to order a sale of the streetcar companies controlled by the Union Traction Company. THe receiv- ers of the companies had made appl | cation for authority to issue certifi- |cates to pay for equipment, |and improvements. The bondholders | objected and intimated that the court | should sell the property. The court continued the hearing un- til December 31, at which time, it | says, if the Union Traction Company shall not have put into the hands of | the receivers the sum needed January 1 for interest and rentals, and by Jan- | vary 18 the sum needed for rentals January 20, and by February 1 the bal- {ance of the sums immediately needed i | pany’s obligation in that respect has | been defaulted and steps accordingly | will be taken. —————— A dream of pleasure, the new two for quarter size American. $2 75 box . | —_——————— | NEW YORK 'Dec. 22.—It was reported to- | day that $1.500.000 in goid had been withdrawn from the New York Clearing House y for to-da; shipment to South America. The name of the shipper could Dot be ascertained. ADVERTISEMENTS. WALL Mission-street store. It will pay to purchase now ments. REDUCTION SALE To close out a large number of short lots before stock-taking, we shall offer special inducements for the next two weeks at our This sale will be especially attractive to those who desire medium and high grade papers at a very low .price—less than half the regular rates. Tle assortment is large. embracing over fifty thousand rolls, among which are ordinary white blanks, gilts, tapestries, fancy stripes and two-tone effects of all colors. to bear in mind that those who call first will find the best assort- L. TOZER & SON CO. 762 MISSION STREET PAPER for future requirements. It is well Document Conveys a Piece repairs * | for the purposes named, the court will ; consider that the Union Traction Com- | CAUGHT TRYING 10°ROB A SAFE Bnld Thlef Comes to Grief While at Work on Strong Box in a San Jose Office TRIES TO BRIBE CAPTOR Offers to Give Him a Gold Wateh and Diamond Ring if Permitted to Escape ! Soecial D SAN JOSE, Dec ing the name of rested shor attem; the 2—A ohn J ranger giv- Curtis was a s-McMahon Furniture Compa- of Market and Post tected by J. E who held him at the corner streets. O S to release him give him a ring set with a large diamond, a handsome gold watéh and wh ¥ he had. He said he feared arrest, as he had rscent- man isco. n a gold watch and §7 5 n his person. Curtis is believed to be a pro- fessional thief. It is thought the jew- eiry on him was stolen. He is about 22 years age and v ressed —_— e — Christmas Leather Goods. N3 charge for lettering your name in gold on ard cases, cam era ng sets. trunks ases or any other hased at ou re. Sanborn . 741 Market st — e Provides Work for Thousands. CHICAGO, De —Thousands of idle men in South Chicago will have employment on the day following New Year The largest two mills of the Tlin Stesl Company will be started then the entire steel plant, for me in months, will hum wi ADVERTISEMENTS. HOSPITAL o @ Donation AN December22, 23 and24 . @ 114 POST ST. W. & J. SLOANE & CO.’S. Turkey! TURKEY! Turkey! AT CUT PRICE. CHOICE CALIFORNIA TURKEY Order early [ BEST EA HOME-MADE MI KINGSTON COMPANY 110 FOURTH STREET CUTLERY EVERY BLADE WARRANTED H. S. BRIDGE & CO., MERCHANT TAILORS, 112 Sutter Street. Prescriptions 34,406 and 7. ary Warranted to curs cases in a few days. worst cases. NO OTHER TREA' Prevents and Cures Stric- tures. PREVENTS rm- Jess. $2.00 for both botties. For sale only PHARMACY, P. S. KELLY'S 1’).. Eddy.