The San Francisco Call. Newspaper, March 28, 1905, Page 16

16 THE SAN FRANCISCO CALL, TUESDAY, MARCH 28, 1905. EDNA WALLACE HOPPER | SCORES A BIG VICTORY| BILLS REDUCED Dunsmmr / Coffey Annuls For- mer Proceedings in His Court. GIVES REASON| Says Original Will| Should Have Been Filed Here. — The firet skirmish in the local courts r it of the late Alexander has resuited in a significant er the n alented stepdaughter of the Judge J. V. Coffey of the department of the Superior yurt granted the prayer of Mrs. Hop- r that proceedings taken in the urts of Francisco in May, 1900, d null and void, the prayer were void upon their face, s & copy of the decedent’s d testament, instead of the trument, formed the basis The original will in question ried to Victoria, B. C, and d for probate by James Duns- brother of decedent and sole de- see of . his estate. Under Judge Cof- of yesterday this will be taken -from'the .records h Columbia courts and filed y for probate as was o stren- contended for by J. C. Camp- Hopper's counsel-in-chief. its face it would appear that such itself is radical or of far- effect, but appearances are The fact is that the filing hereof Hopper to institute a contest the more favorable laws of Cal- ¥ the ultimate disposi- estate will be here deter- The portion of the estate claim- Mrs. Hopper is that which would her mother, Mrs. Josephine ate widow of the maker of ested will FAR-REACHING EFFECT. ey's appreciation of the g eflect of his decision is im. In acting upon the nguided by precedent, and e him reluctant to proceed nsidering the fact that make it possible for volving millions to be itigation on the same proceeding in such estate in arts of < fornia heretofore be- ely as ancillary. Re- e of the case, Judge hae been reluctant from the first view of a proceeding instituted epparent laches and acquies- formal judy ty righ is void upon its face Californi Supreme C upop its face may notion, and this for opponent ¥ aggrieved uity as the only if this m. here the error ted, and the t be remitted to another be had in probate D IN THIS CITY. of the lace Hopper to probate proceedings from 1bia to this city rested on er or not the je- late Alexander is city. Attorneys r contended that a8 not the recidence of and that he never con- his legal -place of dom- ff however, finds Frederichs A Word to Furniture Buyers We have lishment seven-story estab- containing the finest assortment of Furniture, Car- pets, Draperies and Wall Pa- pers. In order to prove that our prices are no greater than | the Sale Prices of other Stores we a few quote examples: Regular $105.00 Solia Table .. G - | Regular $45.00 Green and Brass Finished Iron Bed- stead, 4-4 and 3-4 sss” Regular $50.00 Brass Bed, ringle size. highly polished, hea d bstantial, 3 - bail . connection and oose m Regular $40.00 Golden Osk Chiffonier. with movable top glass. . $30.00 $25.00 Regular $35.00 Birds- ey Maple Bureau, handsome and durable e Regular $22.00 Solid Mahogany Dressing Table, o S Regular $12.50 massive $0.00 golden oak, Morris Chair 35¢c, 40c beautiful An extensive line of 25c, and 60c" Wall Papers. patterns, 20¢ per roll A fine line of Tapestry Carpets, extra good quality, at 75e¢ per vard, sewed, 1aid and lined. All these goods are absolutely new and of the sterling Freder- icks quality. We carry no hold- overs nor unsalable line. An in- spection is convincing. 2 "] 34-50 ELLIS ST..358%: H of Edna Wallace Hopper, the | g based on the contention that the | e original will in this city will en- | point | WU 1ll012s Near Her C?asfi | | | | | Y - % PEd | POPULAR ACTRESS WHO HAS WON A NOTABLE VICTORY IN HER FIGHT FOR A SHARE OF THE VAST EST EFT BY HER STEPFATHER, THE { LATE ALEXANDER DU 5 that in fact California was the resi- dence, or domicile, of the deceased and that in consequence jurisdiction | over his $7,000,000 estate vests in the Superior Court of this city and count For Edna Wallace Hopper and Mrs. of the Hop- Joan Olive Dunsmuir, mother testator, who is joined with Mrs. per in the proc Sir Charles Hibbert Tupper ria, Edward P. Coyne, A. Heyneman Campbell, Metson & Campbell and V. Bodwell. James Dunsmuir is r resented by Charles 8. Wheeler, drew Thorne and A. P. Lunton An- by Judge Coffey related to the admit- | tance to probate of a copy of the wil of the deceased. The only evidence he- fore him, when the order admitting the copy was made, that the original had been duly probated by:the Vieto- ria court, was the judgment roll of the proceedings. His §nding of yesterday is to the effect that in view of devel- opments the order admitting the copy | was without authority of law, as the | | court was without jurisdiction. | Facts developed at the hearing. | show that the will was duly admitted |to probate in Vi in w i { known there as from “solemn form. e olemn form” permits’ of no action to revoke the probate proceed- ings, and in the proceadings before Judge Coffey the attorneys for James tion of the local court was equivalent {to the “solemn form' under the Bri ish Columbia laws and hence was not the subject of review. CALIFORNIA HOLDING! Judge Coffey holds differently, how- ever. He first points to the fact that | Alexander Dunsmuir: died in New York on April 26, 1900, and in his tes- tament stated that the value of ‘his | holdings in California amounted to | $164,000. He described himself as a resident of California, which fact s noted by Judge Coffey, and set for: that his widow, Josephine D. Dans-/ | muir, was living at:San Leandro and | his mother and brother at Victoria. In | support of his findings and conclusions of law Judge Coffey goes on to s | It appears that the testator ‘was domiciled here instead of abroad-at the tim: of his death, and in such cases thers should have been original probate in the do ary form, which is the principal, . primary, original or chief administration, because the domciie govern distribution of the per- sonal property, while ~that® granted in any other country is anciilary or ayxilfary. It is true the descriptive words are not icund in t the principles are there with Attorneys for James Dunsmuir argued that although the papers said h- was a ‘‘resident of | California.”” that did not mesn he was ,*"domi- ciled’ Chis distinction, although ingeni- elaborated by counsel for proponent, is | | mot tenable under our statutes. 1t should app-ar upon the case of the record that the formalities prescribed by the code have been in all essentials compiled with; it is'a | requsiite that it shall be shown- that the' will ! was executed under som= jurisdiction and un- | der some law, either the law of the place where the will was propounded or the law of Cali- fornia; but this record is silent upon that in- | aispensable point and imparts no information , which would authorize an inference or Indulge |a presumption that the requiremefts of the i statute were fulfilled, even if inferences or presumptions were permissible in the premises. Attorneys for James Dunsmuir | sought to take advantage of the section | of the statutes providing for the “‘pro- | bate of foreign wills,” urging that no i examination could be made of the au- | thenticated documents presented. Re- , Barding this point Judge Coffey said: ; PRINCIPLE SUSTAINED. | _There are numerous decisions in other States | which sustain tke principle of ‘this motion and in all, where the circumstances are analogous, it has been declared that the statute.relating to probate of foreign wills has no reference to & will executed In this State wherein the testator resided at the time of his death, and that the proper place of such a will is fn the domestic forum. In one of these cases. some. what similar to this, it was said by the court that If we give to such a statute the broad | + | the original . { administration, The proceedings set.aside yestérday:! Dunsmuir sought to show that the ac- | laws of the | — construction contended for, that wills which must be executed according to the solemnities of our laws, may, nevertheless, be proved ac- | cording to the law of any other country, we, | |in effect, adopt the law of that country in the . | particular and allow them to decide the | validity of the instrument. This was never designed by the Legislature. the Legislature had precluded probate courts om Inquiring into a fact upon which their iction depends, that where a copy 11 und fts probate in a foreign country | are pregented, no inquiry can be had whether probate, and hence the primary ought to be taken here, it wonld_full litile short of renunciation of the duty which the State owds its citizens to pro- itect them In their rights of property, by sesing [to 1t that th: estats of persons deceased, ner real or personal, ‘situated within our jurisdiction, be: administered according to our e f are sixte:n States, including Califor- in aud. twentyefour others where they are antially similar, that the law of the domi- of the deced=nt is the dominant factor in admitting his will to probate; it must be gov- lerned by the statuté bf the State in which he ||u\.m at theitime’ af his death. e | WITTMAN WILL PROBABLY CONTEST BOARD'S ACTION | - {Has Several Grounds on Which to ! Bring Sult in the Courts. reported yesterday Wittman will It was George W. that dismissing him from the command of | the department. If the appeal to the | courts is made it will be on several | grounds. One of them will be that the board proceeded illegally when it suspended him pending the hearing on the charges, the charter, it being con- tended, investing it with no such au- thority. Another. ground is that the frial before the commission was not “fair and impartial.” It is contended that Commissioner Reagan’s animus was evident. from the beginning .of -the hearing. It is maintained that he was at all times exérting himself to make out his case and on one occasion referred in open session to the testimony of one of the witnesses for the defendant as a ‘“fairy tale.” The bitterness engendered in the Commissioner because Wittman refused to make young Reagan a de- tective will be referred to to show strong feeling of enmity. ————— Trachoma 1s' granulated Eyelids, Mu- rice Eye Remed{ cures this and other Eve troubles, makes weak Eyes strong. * —————— Sncak Thieves at Work. Wolff, Ford & Co., 409 'Market street, reported to the police. yester- day that their stables at 231 Ash avenue were entered and two.sets of double harness, a sealskin robe and two - pairs -of boots stolen. * Frank Moss, 444 Brannan street, reported that his room haed been entered and $2 50, In coin and several articles stolen. -W. S Hughes of the Oaks rooming-house, 119 Third street, re- ported that the cash drawer in the office had been onened during the temporary absence of the clerk and $40 in gold stolen. ————— For a Cold on the Lungs, and to pre- vent Pneumonia, take Piso's Cure.. 25c, * —_—————— Says King Stole: His Ring. James W. King was arrested on | Sunday night by Policeman Hyland and locked up in “the tanks’ at the City Prison gendln‘ developments. J. ‘W. Dollar, 782% Market street, com- plained to the policeman that King had stolen his diamond ring, valded at $185, some time between midnight and 4 o'clock Sunday morning: ———————————— frra | | | | | | TWhen you want something * printing see Edward Knowles Co., which the statutes are almost identi- | probably | | begin suit.in the courts to contest the | | action of the Police Commissioners in | CIY'S WATER |TRY TO FIND WHERE Board Cuts Spring Valley Demands . to. Conform to One-Twelfth Charter Act SCHOOLS TO BE BUILT AL R Cost of Grading Site for New City and County Hos- pital Is to Be Estimated e The Board of Supervisors, acting | yesterday on the recommendation of ! the Finance Committee, cut down the | bills of the Spring Valley Water Com- | pany for hydrants from $65,648 06 to | $33,333 28, and-for water furnished | public buildings from $15,029 60 to! $9333 33. The bills covered a period of eight months and were largely in | excess of the one-twelfth provisions of | the charter. The appropriations for | the purposes were respectively $50,- 1000 and $14,000 and the bills were re- |duced to amounts based on eight- twelfths of the whole appropriations. { Chief Clerk Booker agreed on behalf | of the compéany to accept the reduc- i tions and the bills were ordered paid. The Finance Commitee passed de- mands for groceries for the County | | Hospital which have exceeded the | one-twelfth act during the winter| i months, but a saving will be effected | | in the next three months to offset the | overdraft, | The, ordinance ordering the con- | struction of five additional classrooms | | to the Crocker Grammar Schbol at a cost of $17,500 out of the bond pro- | ceeds was referred to the Utilities Committee, as the Board of Educa- tion has decided to build six rooms in- stead of five, NEW PUBLIC BUILDINGS. The board directed “the ° various | { municipal departments to file archi-| | tectural programmes of the type of | construction,and equipment of the fol- | | lowing public bujldings to be erected | under the bond issue: | 'Board of Health for the new Coun- ty Hospital. | ~ Board of Education for new school- | houses and additions to existing school ! buildings. i ' Public library trustees for the new : public - library. | Sheriff for the new County Jail. Police Department and District At- forney for Hall of Justice additions. The Board of Works was requested | to file the plans and specifications for | the new Washington Grammar School, | . which have already been prépared. The same board was requseted to file specifications and estimates of cost | for the grading of the site of the new | County Hospital on the Almshouse tract. Resolutions_adopted. by Spanish War Veterans were filed with the board reciting that the true pur- | pose of Memorial day has been mis- construed and the day has heretofore | been devoted to picnics and recrea- | tion. The resolutions call on all so-| cieties, unions and citizens to join with patriotic fervor in proper]yi showing their high regard for the ser- vices of the heroes of the nation. The board passed many demagdl for the return of tAx#&& pld in 1903 for schools and hoSbitals which are| now being prepared in the Auditor's office. ) Sidewalks were ordered laid on Hayes street between Devisadero and Broderick, Haight street between Ash- bury and Masonic avenue, McAllister street between Broderick and Baker, Haight street between Octavia and | Laguna, and California street between Fifth and Sixth avenues. DISPUTE OVER DEED. Edgar Peixotto appeared before the Finance Committee and said that his| client held a deed to the property of defaulting Treasurer Widber. The | committee thought the Sheriff's cer- tificate to the property obtained by a| judgment to be applied' to Widber's defalcation of $116,000 gave the city possession of the property. It was| decided to. refer the dispute to the| y Attorney and Peixotto for settle- | ment. County Clerk Greif informed the! committee that he had caught up with | !one and a half vear's back work left as legacies by his predecessors in of- | fice. Greif said that in a few months | he would have all the back work done | by his regular office force. ! City Treasurer McDougald and Au- ditor Baehr were each authorized to! | appoint two extra clerks for the pay- ment of rebate taxes for schools and | hospitals, | Owen McHugh was granted a per- mit to explode blasts for the widening of CIiff avenue, his bond being fixed at $20,000. ———————— NORRINGTON AWAITS ACTION OF THE COURT, | | the United | { MRS Aged Pauper, Victim of a Robbery, Ordered Back to Victoria, Whence She Was Deported. The hearing of the habeas corpus proceedings on behalf of Mrs. Margar- | et Norrington was postponed in the United States Distriet Court until this | morning. Mrs. Norrington is a British subject, 76 years old, and a pauper. She arrived recently from Victoria, C., and as she had no relatives or| friends here to take care of her she was ordered -deported by the immi-| grant office. Seven years ago the un- | | | fortunte woman was robbed in Seat-| tle of $375 and some diamonds, andi | Pat ‘Burns and ‘‘Major” Burke were sent to the penitentiary for the crime. She reappeared in two years with con- siderable money, which she said had been left to her by her deceased hus- band, an officer in the British army. Being weak minded and incoherent, she was sent out of Seattle by the au- thorities. ————————— The World’s Beauties. San Francisco has the distinction of hav- ing within its boundaries the most beauti- ful store in the world. It is simply beyona the power of description, a fairy land of dazzling lights, beautiful paintings and flashing gems. The pleasure of a visit will linger with you always. Col. A. Andrews’ Diamond Palace, 231 Montgomery st. * —_————————— Charged With Grand Larceny. Mark Vogel was booked at the City Prison yesterday by Detectives Rey- nolds and O'Dea on a charge of grand larceny. He roomed at the lodging- house, 405 Post street, kept by Miss Lena Week, and it is alleged that he stole her gold watch and chain and purse containing $25 ana x check for $60 which he had given her. He sold the watch and has been identified by the pawnbroker. Thomas Morella, a tailor, ‘was booked at the City Prison yesterday by Detective Reynolds and Policeman Dougherty on a charge of grand larceny. He is accused of steal- ing a gold watch from Robert Binaci, a fruit dealer at Lybn and McAllister streets, which he sold in Oakland for $20, ——— . Babies on Fire with itching, burning, m_ humors speedily cured by Cuti- ' . ! case that Mrs. i isspe the following statement and give | found strychnine in |of an hysterical seizure in half an - POISON WAS BOUGHT| T Police Busy on the Stanford Case. Full Report of Honolulu Doctors Received. The detectives are still at work on the Stanford mystery, but there were no developments of importance yes- terday. Captain Callundan' of the Morse agency has not yet finished his report to Attorney Mountford S. Wil- son, but other men of the agency are detailed on a search of the likely places where members of the house- hold service may have purchased the strychnine that was placed in the Po- land water in the local poisoning case. Attorney Wilson himself will peruse the evidence and finally decide whether the investigation of the Honolulu case shall be prosecuted further. He will not conclusively ac- cept the statements of the detectives or of President Jordan and Timothy Hopkins that death was due to nat- ural causes. The organs of Mrs. Stanford’'s body that - were submitted to chemical analysis in Honolulu have not yet been analyzed in this city, as planned. “l have not had an opportunity to talk with Mr. Lathrop as to that mat- ter,” said Mr. Wilson yesterday, “and his wishes as to what shall be done will. determine the- course we shall pursue.” The mails from Honolulu yesterday brought the statement in full of Chemist Shorey and the - physicians that they issued in reply to the Jor- dan-Hopkins statement. The cabled dispatches heretofore published con- tained but excerpts from their version. The doctors seek to make out their Stanford died from poisoning, as follows: STATEMENT .OF DOCTORS. “The official statement of David Starr Jordan and Timothy Hopkins published in the Honolulu evening papers of March 15 and the morning paper of March 16, 1905, makes it incumbent upon the undersigned to | it the same publicity. “It is our opinion that Mrs. Jane L. Stanford died of strychnine poison- ing... Our reasons for coming to this conclusion are the following: s She died after a brief illness of half an hour, following the in- gestion of a dose of bicarbonate of soda, containing an unknown quantity of ‘strychnine, in a convulsion having the characteristics of the strychnine convulsion and which was seen by Drs. F. H. Humphris and H. V. Murray. “2 " The post-mortem rigidity was identical with that found in known cases of strychnine poisonins. % The post-mortem examination revealed no other cause of death, the vital organs of the body, the brain, heart, lungs, kidneys, liver and spleen being normal for & woman of her age and habits of life. “4, There was no undigested food in the stomach or intestines, which presented a healthy, normal condi- tlon. “5. The post-mortem appearances conformed in every respect with the post-mortem appearaneces in authenti- cated cases of strychnine poisoning. ~ “Add to these facts, of which we have perSonal knowledge, the sworn statements to the Coromer’s jury, of two authorized chemists that they the contents of the intestines, and in the contents of the bottle arked ‘bicarbonate of soda’ from which the dose that -Mrs. Stanford took was prepared, and there is a chain of evidence that will hold fast under the fiercest assaulf. FOOD WAS DIGESTED. “We affirm that she did not die of acute indigestion because the contents of the stomach and bowels ‘were per- fectly digested, and death was toa sudden to be caused by that com- plaint. “We affirm that she did not die of ptomaine poisoning because that dis- ease Is not so rapidly fatal. “She did not dle of angina pectoris because neither the symptoms of the attack nor the condition of the heart wconfirms that diagnosis. “It is imbecile to think that a wo- man of Mrs. Stanford's age and k',uwn mental characteristics might have’died hour. “Her advanced agé, the unaccus- tomed exertion, surfeit of unsuitable food and the unusual exposure, either separately or combined, could not cause death as Mre. Stanford died. “No Board of Health in existence could allow a certificate based on such a cause of death to go unchallenged. “Until the report of the chemist in San Francisco who found a fatal amount of strychnine in the bottle of Poland water and the presence of the strychnine in the bicarbonate of soda is explained away and until convincing proof has been offered to an unpreju- | diced medical profession that she did not die of strychnine poisoning, our diagnosis must stand. Now as to the astonishing state- ment signed by David Starr Jordan and Timothy Hopkins. It begins as follows: *‘In our judgment after careful con- ‘sideration of all’ the facts brought to our knowledge, we are fully convinced that Mrs. Stanford's death was not due to strychnine. poisoning nor to inten- tional wrong-doing on the part of any: one. We find in the statements of those with her in her last moments no evidence that any of the characteristic symptoms of strychnine paisoning-were present.’ ! WITNESSES CORROBORATE. “Now let us see first of all what were the statements of those with her in her last moments, and then we will look at the characteristic symptoms of strychnine poisoning. The following are the statements sworn to before the Coroner: -~ “Miss Berner said in speaking of Mrs. Stanford: She said, ‘T cannot take it, my jaws are set’ (referring to the hot water). .‘So I rubbed her cheeks, making her face pink.” “2. ‘The doctor came in and pre-! pared some medicine, for a short time | the rigidity of Mrs. Stanford’s muscles | relaxed.’ “The Coroner—And passed away In it? “Miss Hunt—Yes, in the spasm. “Dr. Murray stated: ‘When 1 had hold of her wrist I noticed the position she was in distinctly. The hands were firmly clenched in her lap, the thumbs in the palms, the knees were well apart, the soles of ‘the feet turned up and the feet were very much arched; the pupils were very much dilated and the eyes Lulging.” “Dr.. Humphris stated: ‘(1) Mrs. Stanford then told me that she had been thrown out of bed by a spasm. BODY WAS RIGID. “**(2) She hzd just got it (meaning some medicine) to her lips, when sl said: “My jaws are stiff.” I felt them, and they were. I took the glass from her hand. She then said: “It is a hor- rible death to die,” and iramediately became totally rigid, respiration stop- ping. She never breathed again. The spasm lasted about three minutes. I should add that her face was white, her lips livid.’ “Then the following dialogue ensued: “‘Coroner—When she ceased to oreathe and beca that, what was body? “‘Dr. Humphris—The feet, the soles were turned toward each other, in- ward—that is to say, the instep was very much arched and the toes point- ing strongly forward; the knees in the position of mine now. “‘Coroner—What do you say that po- sition ‘was—separated? “Answer—As widely separated as any one's would be sitting on a chair. Her head was thrown slightly back; her eveballs were protruding—prom- inent, I would say, more than protrud- ing—her pupils dilated, her jaws fixed, her hands—the thumbs were dug into the palms and the fingers contracted. like that. “Dr. Day, on arriving eight minutes after death, in his testimony says: ‘I was impressed with one conspicuous feature, and that was the rigidity and position of the feet. The ankle was in extreme extension—that is to say, the toes were thrown down, so that the arch of the foot was very much exag- gerated, and drawn inward toward the median line—a condition I do not re- call having seen before on any body." DIED IN A SPASM. Coroner—Was this indicative did it r?; rigid, just prior to e position of her ““The of any eause of death—that is, suggest to you—what? “Dr. Day—It suggested, of course, that the patient in all probability died in 'a spasm. ““The Coroner—In a spasm? ““‘Answer--That is a strong contrac- tion the muscles. “So much for the sworn statements of the only persons who were with- Mrs. Stanford in her last mo- ments. And now we will see how they bear out the characteristics of strych- nine poisoning. “In the Reférence Handbook of Medical Science. 1904 edition, volume 7, page 543, in the article headed ‘Poisoning by Strychnine and Nux Vomica,’ the following statements are made: ‘During the spasms there is, in the majority of cases, marked opis thotonos, the head is thrown sharply back, the body bent backward, the abdominal and thoracic muscles firm- 1y contracted, the lower extremities rigid, the soles of the feet bent in-| wird and strongly arched, the lower jaw is fixed, the eveballs are protrud- ing, the pupils dilated, the expression of the countenance distorted, the lips cyanotic, the mouth marked with froth. The spasm gradually passes off, the muscles relax, the eves and pupils become normal, the respiration | is resumed, the patient speaks, usually calls for air, desires.to be held and is in dread of impending death.’ QUOTE DR. POTTER. “In Dr. Potter's book, ‘Materia Medica., Pharmacy and Therapeutics.” 1901 edition, page 390, in an article on strychnia the following passages ap- pear: ‘After a full dose (one-twelfth of a grain) the pupils become dilated., the limbs take on jerking movements, the respiration becomes spasmodic and the. lower jaw stiff a toxic dose (half to two grains) pro- duces powerful and characteristic con- vulsions,of a.tetanic character o % after the paroxysm has lasted ‘a min- ute or two it usually relaxes for a time the convulsions rapidly increase in severity, a breath of wind, the slightest noise, or even a bright light being sufficient to bring them on, and in one the patient may jerk himself out of the bed, at last the respiration stops in the middle of a fit and the heart soon ceases to beat.” “Therefore we cannot agree with the ovinion of Dr. Jordan and Mr. Hopkins wherein they say, ‘We find in the statements of those who were with her in'her last moments no. evi- dence that any of the characteristic symptoms of strychnine poisoning were present.’ “F. HOWARD HUMPHRIS, M.D., “C. B. WOOD, M.D., “H. V. MURRAY, M.D,, “F. R. DAY, M.D.” —e—————— COUNTERFEITER RAY STARTS FOR THE EAST United States Officers Take Prisoners Out of the State to Be Trieq for Crime. Luke Ray, the mulatto murderer and counterfeiter captured by United States Secret Service Agents Hazen and Foster about two weeks ago, will be taken to Louisville, Ky., by Agent Hazen and Deputy United States Mar- shal Dingley. They will start this morning. Ray was leader of a gang of counterfeiters broken up by United States secret service agents in Ken- tucky. The gang resisted capture at Cave City, Ky., and in the melee Ray shot and killed a depty sheriff named Sheppard. Deputy United States Marshal de Liancil and Chief Jailer Sullivan of this city left last night for Portland, Or., in charge of W. H. Miller, who has been indicted by the Federal “3. Then she remarked to the doc- | Grand Jury on charges of subornation tor, ‘Another spasm is coming on.’ ‘4. ‘A violent spasm came on from which she did not recover.” : “Miss Hunt stated, speaking of Mrs. Stanford: She said, ‘She had had a fit which had thrown her out of bed.’ “Then the following dialogue took place between the Coromer and Miss Hunt: ‘“The Coroner—Did Mrs. Stanford have another spasm? “Miss Hunt—Yes. ‘he Coroner—How long did it last, if you know? . “Miss Hunt—I don't know how long it lasted. = . “The Coroner—Did Mrs. Stanford come out of that spasm? “Miss Hunt—No, she did not come out of that spasm. of perjury in connection with timber land. entries. —_—— To Aid Destitute Child. An entertainment and dance will be given by the Universal Service Society in upper Golden Gate Hall on Thurs- day evening, March 30, to raise funds to aild Della Craft, a 18-year-old girl, who is destiti and in very poor health. The father has deserted the family and the mother and_other chil- dren must also be cared fdr. Admis- sion to the entertainment will be 25 cents, 'Mrs. John Petty, manager of the society, has charge of the arrange- ments. . Tickets ‘may be procured at her office, room 318 Emma bullding. Sipreckels COURT QUIETS EIR CLAMOR Kerrigan Dissipates Hopes of Men That Would Care for Aged Juana Marshall DENIES ALL PETITIONS Names Union Trust Company Guardian of the Old Wo- man’s Person and Estate e B SRS After a brief hearing yesterday after- noon Judge Kerrigan decided that none of the several applicants for letters of guardianship over the person and es- tate of aged Juana Marshall showed as great an interest in the personal wel- fare as they did the financial welfare of the old woman. As a result, the court rejected all of ghe petitions and named the Union Trust Company to care for the aged woman and her es- tate. Mrs. Marshall came into court lean- Ing upon the arm of Robert Donahue, who has resided with her since he was a lad. It is apparent that her remain- ing days are not many and that time Bas dulled her intellect. Her nephew, Richard D. Marshall, whose petition for letters of guardianship was on hear- ing, was present with Attorney Tread- well and two assistant counsel. Oppos- ing him was William J. Gray, backed by Attorneys Willlam D. Easton, Alex- ander Campbell and H. L. Bradford. John Arzave was also represented by counsel, as were others who have ex- pressed great solicitude for Mrs. Mar- shall’s welfare. After listening to the wrangling of these opposing forces for some time, Judge Kerrigan impatiently ordered them. to cease their quibbling and di- rected that: Mrs. Marshall be sworn. She could not remember her age or how long she has been in San Francisco, though she said she came here before there were any houses. She said, how- ever, that she wanted a power of attor- ney given to Arzave revoked. She de- nied that her nephew had caused her to sign a will or deeds, but admitted that she had given Donochue §$§1000 with which to go into business. She demnied that Dr. de Travino had ever been her physician, but said he frequently called upon her and she had given him little presents of money. Marshall called Chief Spillane and Adolph Uhl to prove that his reputa- tion was goed, but Judge Kerrigan did not care to express any opinion as to the merits of the claims of the contest- ants and avoided the necessity by ap- pointing thé Union Trust Company her guardian. The trust company will go to work immediately to determine just what papers Mrs. Marshall has signed during the last few weeks. If she has béen taken advantage of it will file action to protect her interests. —_——— Building Trades Council Sued. C. E. Russell has sued the Building Trades Council, P. H. McCarthy presi- dent, for $1000 damages and for an in- | Junction to restrain the defendants | from interfering with him in his ef- | fort to fulfill a contract to paint a building on Seventh avenue, between A and B streets. Plaintiff alleges that the defendants claim he 18 indébteq to the Painters’-Union for $250 and that they are interfering with his business because he refuses to pay the claim, which he alleges is unjust and unrea- sonable. | | | | | et Wants Another Check for Rents. George B. Keane, the Mayor’s secre- tary, yesterday sent a communication notifying Baldwin & Howell that a check for $120 40 for the remtal of premises at 6335 and 637 California street and 24 Quincy street had been mislaid. The firm is asked to substi- tute another check for the amount, Keane agreeing to secure it against loss that might result from the peos- sible cashing of the first check. ATVERETREMEITS, How’s Your Compiexion? If your complexion is muddy, sa low and pimply you are probabiy troubled with a torpid liver and more or less constipation. You must have a movement of the bowels each day: otherwise the bile from the liver and impurities of the body become ab sorbed into the blood instead of being carried off through the natural char- nels, the bowels. Look more after ! your diet, avoiding greasy foods and rich pastries. Partake more freely of vegetable foods. Take one “ATRADE &~ at night before retiring. “VIGOR- ETS” are a tiny, chocolate coated tonic laxative tablet that moves fhe bowels gently, yet thoroughly, each day, curing chronic ¢ i on, bil- and sick They cool, cleanse and purify the blood and are sold by druggists in 25¢ packages (50 tablets) and trial size (15 (ablers) Making Shredded Wheat You have seen them spin cotton, but did you ever see them “spin™ wheat” At 1446 Market street you can see the novel and interesting process of drawing cooked whole wheat ker- nels into fine shreds, and forming the shreds into Biscuit, just as it i3 done in the beautiful Natural Food Conservatory at Niagara Falls. ONLY FOUR DAYS MOZE _--— Do not fail to see how they make shredded wheat while the plant is the city. Open evenings.