The San Francisco Call. Newspaper, June 13, 1905, Page 4

THE SAN FRANCISCO CALL TUESDAY, JUNE 13, 190 “THE USURPER” SUTS CODDWIN ~ THE ARMY F Play Proves to Be Pleasant} DisgPfiCBd Camfim to Summer Melodrama That| 4 Enables Comedian toShine| BE Given Severe Sentence. BILL AT GRAND 5 Must Pay Penaltp for Mand Williamson Is Clever in “The Gates of Bondage,” HIS SCfiHdfilOUS Behavior. Which Delights Audience B GOOD ke 1 Diepatch to The Call. eyes, Nat OMAHA, Neb., June 12.—Captain G. W. Kirkman of the Twenty-fifth Infantry re- cently brought into prominent notice in connection with the scandal, which re- sited in the suicide of Mrs. Bessie dier, the wife of a fellow-officer, is to serve a term in the penitentiary, after which he will be dismissed from the army. according to statements made at headquarters here to-day, is the f the second court-martial, récently concluded at Fort It is understood that the sen- tences passed by both court-martials will receiye the approval of the President and the Secretary of War. audience 50 ¥ Mr. Good- more viva- e third Af ter the g * + charming personality and at once pleased her audience. She showed emotional qualities of a high order and n the role of Mona Mylrea had ample scope to show her abilities. Alfred s was the big hero of the play, in he was compelled to run the mut of almost every kind of emotion known in the modern melodrama. He satisfied the demands of the audience, 1g by the liberal applause he re- eived. W. R. Abram as Davy Fayle an excellent bit of character acting. Barrett as Jarvis Kerrish was a n of the deepest dye. The rest of | 1e cast, which is a long one, was ac- ceptable. *The Gates of Bondage” will run to the end of this week. Next week A Woman’s Sin” will be the bill. Alecazar. There is a laugh in about every line in last act of “Mistakes Will at the Alcazar this week, and is frequént and genuine all the play. One reason is that abounds in the drollery of s Dickens, with some American ms and more horse play than a thrown in. The other reason is he fun is so evenly distributed the several parts that all the Happen, the k company has a chance to shine. .ast evening was the opening. The iudience was large. The players were in excellent mood. The result was a performance to drive dull cgre away from all who were present. Mary Young did a nice bit of dialect work. Adele Belgarde had the eyes and ears auditors, especially their eyes. Lillian Lawrence, Ruth Allen, Scott, John B. Maher, Hilliard | and Henry D. Byers were all in the ast. Cleverness was the rule. The opening performance was good. To the Alcazar for laughter this week. How Central. Scenic effects in abundance, strong heart interest and laughable comedy are the elements that make “The Fast Mail,” as produced at the Central last evening, one of the best successes that theater has ever scored. One of the best bits of acting seen at the Central last evening was con- tributed by Grace Hopkins, the young |leading woman, who has already be- come a pronounced favorite. Gamble is well cast and greatly adds to his ir g to elope explaining | the even e for popularity. Corrigan gives a good -haracterization as the old Italian, Shumer was as wusual the s realistically mean and Miss Ellsmere was graciously t in a light role and afforded much sement as the bothersome wife of detective, played by George Web- ster to much advantag: Tivoli. comedy, “The Tender- entered upon its last week at the Tivoli Opera-house last night to a | delighted audience. The musical foot,” Majestic. Fiske and her clever company in Kleschna” began their second st week at the Majestic Theater t night. h The Chutes. Harry Milton and the De Long sis- rs made their first apearance at the Chutes yesterday in their comedy mu- - | sical sketch, “The Constable,” and made pronounced hits at both performances, The La Vails, sensational aerialists, rilling and daring exhibition, g told a lot of stories, new nd Van Fossen and McCauley clever black-face singers and Sterling, a versa- Les Dahlias, the Parisian v I PARTINGTON atoscope, showing a | very Grand. amusing moving picture, “The Wood- faud W g chopper,” completed an unusually de their f strong programme. At their perform- ance on Thursday night all of the ama- las The play these Engli i teurs will appear in tights. Francesca introduce themselves in was a roman- | Redding will appear with her company | tic melodr titled “The Gates.of | ir e Man From Texas” at the Chutes Bor was roduced on | next week. ny different TN IS T ally band-| General Frederick Funston spent yes- i terday morning at the Presidio watching Williamson is an actress of | the artillery practice. Is the verdict of those who have become acquainted with the virtues and beauties of Lablache Face Pow- der. It so completely protects the skin against the unkind attacks of sun and wind, and then repairs and makes better than new any defects in the complexion, ;.);at every woman of taste considers it her friend for ife. PRISON AND DISMISSAL FROM IR KIRKMA OFFICER WHO WILL BE IMPRIS- ONED AND THEN DISMISSED FROM THE ARMY. % - MUST BUY PERUNA IN A LAWFUL WAY United States Court Opp: Purchase of Product Un- der False Pretenses. S Samuel B. Hartman vs. William O. Fenaughty et al. On application to compel witne to produce documents and to answer questions. Thompson J. (orally). Samuel B. Hartman, who is the plain- tiff in an action in replevin brought in the United States Circuit Court in the Western District of New York against Loveland and others, has presented an application to this court for an order to require and cempel the witness, Ambro R. Park, whose deposition is now being taken before the clerk of this court under section 863 of the United States Revised Statutes in that cause, to answer certain questions and pro- duce certain documents. He refused to answer the questions and to produce the documents upon the ground that they were.not material or relevant to the matter.in controyersy and on further ground that the an- swers to the questions would disclose’ trade sccrets. I have tead the testimony, so far as it has been taken, and bave in mind the questions that were ‘ssked, which the witness refused t0_answer. In the first place, as to the relevancy of the testimony sought to be elicited by these ques- tions: The case sought to be made in the re- plevin sult is this: That McKessen & Robbins and Charles H. Loveland and Joh D, Park & Sons Company, conepiring together = for that purpose, fraudulently obtained % carload of Peruna ' from plaintiff, and that the plaintiff, when he discovered thé fraud, promptly repudi- ated the contract of sale, tendered back the purchase price #which had been paid and re- plevined the goods. In order to maintain the suit, therefore, it Is mecessary to show gthat the ‘possession ‘of these goods was obtained by fraud practiced upon the plaintiff, which justi- fied hium in repudiating the contract, 1 do not care to discuss the question of the right to repudiate the contract; I_think there can be no question about that. McKessen & Robbins and Loveland both had contracts.with Hartman to enable them to procure Peruna, and the claim is that in violation of these contracts, they entered into a conspiracy with John D. Park & Sons Company to obtain Pe- rura from Hartman and ship it to that com- pany, (he company being engaged quité exten- sively in the business of selling Peruna, and bhaving no relation or contract with Hartman which would enable It to obtaln Peruna in any other way. If this be true, undoubtedly Hartman had a right to repudiate the sale and retake the property. But it is said the contracts with Me! n & Robbins and Loveland are execu- and that Hartman must look to them for damages for the wrongful disposition of the goods, and cannot attack the sale. The charge, however, as I understand it, is that this partic- ular carload of Peruna was obtained by a fraud practiced upon Hartman, and In furtherance of the scheme by which John D, Park & Sons Company sought to obtain Peruna, when they could not otherwise have obtained it. The represertation of McKessen & Robbins to Hartman was this: ‘‘Under our contract we want to buy this Peruna, put it upon the market and cell it as your agents, as we have been deing heretofore,” when in fact that was a misrepresentation; they did not want It for any such purpose, but wanted it for the purpose of selling it to John D. Park & Sons Company, in violation of thefr con- tracts with Hartman. Therefore, in the opinion of the court, the testmony fought to be <licited from this wit- ness, smbro R, Park, 15 relevant as tending to ehcw this fravdulent scheme by which the Peyuria was obtained from Hartman. The witness repeats over and over again thet the answers to the questions put to him will not fncriminate him or will not subject him to a penalty or forfeiture: but, as I have already stated. his sole ground for refusing to answer is that the questions are irrelevant to the iseues in the case pending in the New York courts, and that the answers thereto would discloge trade secrets. The court s of the opinion that the testimony is entirely relevant, and that there are no trade secrets disclosed. The suggestion is that this firm of John D. Park & Eons Company is fighting Hartman and the trust organizations, as they are called, which are engaged in this business; that this firm ic outside and independent; but at the same time are trying to get these goods by indirect methods, and the trade secret set up here fe that if Park discloses the names of tne men he uses to fraudulently obtain goods from Hartman it will prevent him in the fu- ture from fraudulently obtaining goods in that way. Wi, that is hardly a trade secret that should be protected by the courts. The line of examination here, in the opinion of the court, was legitimate. and counsel for the plaintiff in the case has stated to the { court here that it is his purpose and intention to keen within the rule of relevancy and mot to call out or seek to call out from this wit- ness anything that would not be entirely relevant to the lssue in the replevin suit. It has been suggested that the court should Instruct counsel as to the line of questions to which the,examination should be confined. The court cannot do that. Counsel on both sides are able: they know WHat*ir relevant to the issue. It is a simple issue, and they know Lablache Face Powder | Is scientifically prepared. Its peculiar perfume is ex- tracted from flowers and plants which possess sooth- ing and healing properties and are - also powerfully antiseptic in their nature. Beware of dangerous coun- terfeits or substitutes. The genuine bears the sig- nature of “Ben Levy” in red across the label of the box. There is none “just as good.” “If unable to' ob- tain it from your druggist, we will mail you a box on receipt of soc. Flesh, white, pink or cream. Address BEN. LEVY @ CO., French Perfumers, 125 KINGSTON ST., BOSTON, MASS. et eressresetere +| order. s what is relevant to the issue, and the court expects them, of course, to keep within the rule and not go outside of it to ask im- pertinent questions which may be annoying to the witness, but wonld not contribute any- thing to throw light on the matter under in- vestigation. T take itjthere -will be no trouble on that score. . Whiit this’ witness knows rel- ative to-the transaction under investigation in the Federal court at Buffalo should be. cloped, and' any doeuments’ or papers in his poflexnlon. ‘which may thi light on it, shouls e produced. He should answer the questiong and luce ‘papers and docu- mepts, if he hes them, @nd the court will so Mr. Reed—As t67thé sibpena—do you not want us to issue a The Court—Well, T had forgotten that. T am in doubt as to Whether it is necessary, but it seems to have been the practice, and I will | conform to the practice and make an order dirécting the clerk .of court to issue a nd%papers cof this for the books a: subpena duces tecum called for. Mr. Shroder—I do not insist upon the fs- sulng of the subpena; I am satisfied with the order, your Honor. The Court—Very well, then. Mr. Shroder—There is one line of questioning the had been authorized to the di - The PLANS CIGANTIC TRUST CONPANY Ryan Proposes to Unite the Equitable With Mercantile, and Morton Banking Housé CLEVELAND’S WARNING In Accepting Trusteeship He Speaks Against Frenzied Finance of Present Day o Ll N NEW YORK, June 12.—The organization of the largest trust company in the United States and one of the largest financial institations - of the world was said to-day to be a part of the plan of Thomas F. Ryan in negotiating the pur- chase of the stock of the Equitable Life Assurance Soclety” held by James H. Hyde. Ryan's plan was reported to-day to be to consolidate the Equitable Trust Company, the Mercantile Trust Company and the Morton Trust Company, all of this city, with the last named in control. It is stated that this would result in creating a flnancial institution with de- Pposits second only to those of the Nation- al City Bank of New York, which has deposits of $185,000,000. The deposits of the proposed consolidated trust company would amount to $169,000,000; the capital stock $7,000,000 and the surplus $22,000,000. Ryan’s plan was reported to-day to con- template also the elimination of the con- trol of subsidiary companics by the Equit- able Life Assurance Soclety. Former President Cleveland has writ- ten a letter to Thomas F. Ryan concern- ing the trusteeship of the stock of the Equitable, which he accepts. The letter was made public to-day and is as follows: “‘After a little reflection, I have deter- mined I ought to accept this service. I assume this duty upon the express con- dition that, so far as the trustees are to be vested with discretion in the selectian of directors, they are to' be absolutely free and undisturbed in the exercise of their judgment; and that so far as they are to act formally in voting for the di- rectors conceded to policy holders, a fair and undoubted expression of policy hold- ing choice will be forthcoming. “While the hope that I might aid in improving the plight of the Equitable So- ciety has led me to accept the trustee- ship you tender, I cannot rid myself of the belief that what has overtaken this company is liable to happen to ether insurance companies and fiduciary organ- izations as long as lax ideas of respon- sibility in places of trust are tolerated by our people. The high pressure of specula- tion, the madness of inordinate business scheming and the chances taken in new and uncertain enterprises are constantly present temptations, too often successful, in leading managers and directors away from scrupulous loyalty and fidelity to the interests of others confided to their care. “We ean better afford to siacken our pace than to abandon our old, simple standards of honesty; and we shall be safer if we regain our old habit of looking at the appropriation to per- sonal uses of property and interests held in trust in the same light as other forms of stealing. “Yours very truly, = = ;g o “GrOViR {g#VELAND Nine policy holders to-day filed suits of intervention in the United States Circuit “Court asking to be made party plaintiffs with J. Wilcox Browne of Baltimore, who recently filed a Suit in the Federal courts' asking that a receiyer be appointed for the surplus of the Equitable Life Assur- ance Society. Browne also asked for an accounting, claiming the policy holders, of which he was one, had not received their just proportion of the surplus, as provided for in their respective policies. SECURITIES STOLE DURING SEA TRIP Boston Man Loses Papers Valued at Over Hundred Thousand Dollars. wd BOSTON, June 12.—A robbery, involving the loss of $120,000 in securities by Henry W. Comstock of Boston, which occurred on board the steamboat Puritan during her trip from New York to Fall River last night, was reported to the police au- thorities of this eity to-day. The secur- itles, which included twenty-two certifi- cates of stock of various railroads and of the United States Steel Corporation, were taken from under a pillow in Com- stock’s stateroom by some one, who, it is believed, had climbed through a window. The securities were received by Com- stock in a business transaction at a New York hotel on Saturday and it is sus- pected that some one who witnessed the incident followed the man on board the boat and then committed the robbery. Shortly after Comstock reached this city he received a telephone message from New York telling him that he could re- | gain the lost property by paying a suit- able amount of cash, Comstock was told that the person talk- ing over the telephone was a lawyer who did not care to give his name. He said indicate to Comstock how the latter could secure from a third person in New York the papers which he had lost. —————— TWO SAN FRANCISCO GIRLS SCORE AT MUSICAL RECITAL Miss Christine Labarraque and Miss Gertrude Norton Make Brilliant Showing in Boston. BOSTON,' June /12.—Two San Fran- cisco girls, Miss Christine Labarraque and Miss Gertrude Norton, made a bril- liant showing at the New England Con- servatory recital this evening. Miss Norton gave the romanza from Mas- cagni’s “Cavalleria Rusticana” and Miss Labarraque a selection from Gounod. e e, American Police Chief for Guatemala. WASHINGTON, June 12.—At the re- quest of the Government of Guatemala, made through the State Department, Superintendent Sylvester of the Metro- politan police has selected Albert L. Lamb, a “Washington policeman, to be Superintendent of Police of the city of Guatemala. Lamb goes to Guatemala City on a two-year contract and will have a force of about 600 men. e T P g which I would like to have defined 80 as to avold any future controversy, if possible, and that is, those questions that relate to what John D. Park & Sons Company did with the Boods after they received them. I submit that g lplunly frrelevant to the jssue and immate- al. The Court—Well, I do not see the rele- vancy of that, Mr. Reed—I do not intend to pursue that, your Honor, or to ask for any names. The Court—There is one feature of the case that justifies ccunsel in going further than he would otherwise be entitled to go. This is an unwilling witness, and in a measure might be dealt with as if upon eross-examination: but counsel should keep strictly within the line of relevancy and not go into the private business of this firm, which has no reference to the matter_now under investigation. Mr, Reed—I do not intend to examine as to isposition of the goods at all ly. Court—As now advised not see what relevancy it would have to show what the goods afterward. they did with i \ | their devotion to the trades union move- RAILS MAY JOIN ASIA TO ALASKA Company Proposes to Connect New York and Paris by Tunnel at Bering Straits AT WORK ON SCHEME Omaha Capitalists Prepared . to Undertake Project of Unprecedented Dimensions Bpecial Dispatch to The Call. OMAHA, June 12.—The proposed Alaska railroad, for which Omaha capitalists have applied for a charter, appears now to be part.of a huge undertaking which alms at no less an achievement than the Joining of the two continents of America and Asia, so that it may be possible to board a train at New York and leave it at Paris. Among the signers of this ap- plication are General Manderson, former United States Senator, and J. E. Kelby of the Burlington legal department. The railroad as proposed includes a tunnel under Bering Straits from Alaska to Siberia. The project is being promoted in Paris by Baron de Lobel. In a letter to Andrew Rosewater, City Engineer of Omaha, who is also interested in the un- dertaking, Baron de Lobel writes that soundings have proven that the bottom of the straits is solid rock and that of- ficlal surveys are now being made to de- termine the exact route of the road. He asks for Engineer Rosewaer’'s signed in- dorsement Of the feasibility of the pro- Ject! to be presented to President Loubet. ““The undertaking is not’fanciful,” said Engineer Rosewater. “If the bottom of | the straits is solid rock the cost of boring | 100 miles, which would be all that is necessary,” would be comparatively small. And think what a great thing it would be to have a tunnel whose east end is in the ‘West and whose west end Is in the East.” LABOR FEDERATION COUNCIL IN SESSION President Gompers Recounts | the Growth of the Organization. | SCRANTON, Pa., June 12.—The execu- | tive council of the American Federation | of Labor opened its sessions here to-day. President Gompers submitted a report of the organizing and lecturing tour which | he recently made through the West, re- | counting the growth of the organization | and the splendid spirit of unity obtaining among the workmen of the country and ment and the American Federation of Labor. It was decided to arrange for a lecture tour and itinerary for the various mem- bers of the executive council through different sections of the country. Secretary Morrison submitted his finan- flfi;??n‘, for the eight months ending 7 81° 'The balance on hand on October 1, 1904, was $103,018, and the income for the eight months $141,074, making a total of $244,092. The expenditures were $148,356. The report shows that $70,32 has been | received for per capita tax of one-half a | cent per member per month. One hundred and ninety charters were | issued for the eight months—one State braneh, forty-six central labor unions, ninety local trade unions and fifty-three | federated labor unions. | There are now affiliated with the Amer- | ican Federation of Labor 116 international | trade unions, 33 State branches, 604 cen- | tral labor unions, 1043 local trade feder- | ated labor unions, the 116 international | unions having approximately 25,000 local | unions attached to them. | —_—————————— DEFUNCT SHIP YARD TRUST SETTLES WITH INVESTOLS Suit of Mrs. Idn Woods to Recover Nearly Two Hundred Thousand Dollars to Be Adiusted. NEW YORK, June 12.—Counsel for Mrs. Ida E. Woods of Mineola, who brought suit to recover $195,000 al- leged to have been lost by investment In the securities of the defunct United States Shipbuilding Company, an- nounced to-day that the suit would be ! settled out of court. Herbert L. Satterlee secured to-day a dismissal of the suit so far as he was concerned, Mrs. Woods giving him a statement that her complaint against him was groundless. — - STEAMSHIP SENATOR MAKES PORT AT CITY OF NOME Pacific Coast Company Notified of the Arrival of First of Its Fleet. SEATTLE, June 12.—A cablegram was recetvel. by the Pacific Coast Steamship officlals to-night from Nome announcing | the arrival yesterday afternoon of the | steamship Senator, the first of its liners | to reach that port. No ice was encoun- tered in Bering Sea. The Oregon, Ohio, Victoria, Olympia, Zeelandia and Valen- cia are due. ROSENTHAL'’S $3.50 SHOES FOR WOMEN SHOESFORMEN ... The $3.50 Shoes of Highest, Quality and Elegance ARE $3. 15 NOW 107-113 Kearny St. LADY SMITH COMING 20 GOLDEN STATE Journeys From England to Denver to Place Flowers on a Grave. Special Dispatch to The Call. DENVER, June 12—Lady Smith and her husband, Sir Charles Evans Smith, colonel in the British army, stationed at Montreal, are in Denver, whither Lady Smith came to visit the grave of her brother, .Captain Alexander, who was an officer in the British army also and who died here eight years ago of lung trou- ble. She had never seen the grave, and to-day she covered it with flowers, for which purpose she had journeyed 3000 miles. The Smiths have with them Mr. and Mrs. W. R. Webster of Philadelphia. They will go to California, thence north- ward and eastward across Canada to port from which Lady Smith will sail for Europe. _—e—————— FRESH WASHOUTS REPORTED IN TEXAS AND NEW MEXICO Sante Fe, Rock Island and the South- ern Pacific All Suffer From the Flood. EL PASO, Tex., June 12—Heavy rains have again swollen the Rlo Grande River and fresh washouts on the Santa Fe Railroad between here and Rincon, N. M., have delayed trafic. Rock Island trains have been held up twenty-seven hours by a washout north of here. Eight cars be- longing to a wrecking train, which was dispatched to repair the damage, were ditched at Cairrizzo. At Pecos, Texas, several hundred feet of track were car- ried out of the Pecos Valley road. The Southern Pacific has also suffered from a severe washout west of El Paso, where a freight train was wrecked. ALRUQUERQUE, N. M., June 12—A great area of land in the vicinity of Isleta, twelve miles south of here, has been inundated by the nood waters of the Rio Grande River. The dyke near the town of Ranchos de Atrisco has been repaired and the town is now belleved to be safe. —_————— BIGELOW IN THE HOSPITAL AT LEAVENWORTH PRISON His Nervous Condition Such That the Doctor Fears General Breakdown Will Follow. LEAVENWORTH, Kans., June 12.—F. G. Bigelow, the former Milwaukee banker, who was brought here last night to begin his ten-year term in the Federal prisen, is in the hespital. His nervous condition is such that Dr. "homas, under whose care he is, fears a general physical breakdown. After Pigelow had been photographed early to-day his condition was found to be such that it was decided not to put him through the other preliminaries until later. Bigelpw utters no word of com- plaint. —_———————— Fear Plague on a Steamship. GUAYAQUIL, Ecuador, June 13.—The Board of Health refused to admit the British steamship ¢Chili, which arrived here vesterday from Iquique, Chile, and she later departed for Panama. While the Chili was on the way here three per- sons died on board and it is believed that bubonic plague was the cause of their deaths. FLOOD IN SUBWAY DISTURBS TRAFFIC Through Trains Will Not Be Run Until This Morning. NEW YORK, June 12.—It was stated by the management of the subway to- night that under the most favorable conditions t..c road, which was blocked yesterday afternoon by the bursting of a water main at Forty-second street, could hardly be opened for through traffic before the rush hours to-morrow morning. During the day underground travel was practically suspended, although some trains were run below Fourteenth street and above the point of blockade, leaving a gap of over a mile In which the tracks were under water and the tunnel filled with the fumes of charred insulation and ties. Powerful steam pumps installed yes- terday are still at work to-night and have materially reduced the depth of the water, but not sufficiently to determine the full extent of the damage to the roadway. The few trains that were run were scantly patronized and as a result traffic was diverted to the ele- vated and surface lines, whose capacity was taxed to the utmost. During the afternoon the elevated rallroad running through Fulton street, Brooklyn, was put out of commission by an accident similar to the one that disabled the subway. Heavy rains poured such a torrent into the subway extension in course of comstruction in Fulton street as to threaten the stabil- ity of the pillars of the elevated struc- ture. Traffic was suspended until the flood had subsided. ———— GENERAL BARON FEJERVARY NOW HUNGARIAN PREMIER Stormy Session of Parllamentary Depu- ties Probable When He Assumes Office. VIENNA, June 12.—General Baron Fe- jervary was received in audience to-day by Emperor Francis Joseph and was definitely appointed Hungarian Premier in succession to Count Stephen Tisza. He will assume office on June 15, when the parliamentary deputfes assemble, and a story session is expected. Baron Fejervary's Cabinet will be com- posed of neutrals and will not be selected from the majority party, in which case the deputies will at once pass a vote of no confidence in it. Is a beautiful passenger train like the WABASH CONTINENTAL LIMITED, running from Chicago to New York and Boston. No extra charge made on this train for its superior accommodations. Ask your agent. - Banks Givem Further Time. WASHINGTON, June 12.-~The Secre- tary of the Treasury to-day announced that the payment of the second install- ment of public deposits called for from depository banks will not be required by July 1, but may be paid by tne banks en or before July 15. The pur- pose of this date of payment is to separate the transfer of funds of the treasury from the heavy payments of dividends and interest falling due on the 1st of July. The unpaid portion of the second installment to be paid by the banks to the treasury is about $12,- } 000,000. lfapmideliciouls’nerh appeals to you, Beer. - Yosemite Its light, mellow and genuinely health- ful make it, a table beverage d the choice of dis- criminating people €