The San Francisco Call. Newspaper, November 10, 1905, Page 16

16 “BUSTER BROWN" WILL REACH TOWN SUNDAY DUNSMU AR R Gigantic Fun Made by Miniatare Actor. SRty Master Rice Clever in His Role. Is Bright Dog Tige | Takes Part in Play T ELE R g - EpEEYO4Bns g g TS TERE PICE- A MILLIONS THE STAKE SR Edna Wallace Hopper Opens Final Battle to Secure One Half of Immense Es- tate of Her Stepfather | | HIS MOTHER ASKS | FOR THE RESIDUE iBill in Equity Follows De- | cision of Supreme Court | Denying a Rehearing of | Proceedings in Probate | bt Rl s, Edna Wallace Hopper, of comic opera fame, has marshaled her forces for a last fight for half of the $8,000.000 estate left by her iate stepfather, Alexander | | Dunsmuir. Joined with her in an effort | | to secure the other half is Jean Olive Dunsmuir, mother of the dead capitalist. On behalf of the claimants, a bill | equity was flled in this city yesterday to declare v0id the will of the deceased, ad- mitted to probate in British Columbia, and to set aside the proceedings in this city whereby an authenticated copy of | | the testament was admitted to probate by | | Judge Troutt and letters testamentary tssued thereunder. The filing of the bill in equity was the sequel of a decision handed down by the Supreme Court denying a rehearing of the proceedings in which a writ of pro- hibition was issued against Probate Judge Coffey, commanding him to forever stay the proceedings in his court, in which he set aside Judge Troutt's order admitting the authenticated copy of decedent’s will | to probate, and directing that the origi- nal will be removed from the records of VHO WILL APPEAR AT THE GINNING WITH MATINEBR British Columbia and offered here for probate, The sensational feature of the action instituted yesterday is that Attorney | Mountford Wilson of the firm of Wilson WANY TECHERS CRANTTE SHFT T0 ST 0 entertainment » e in memory of the crew |lace Hopper, the plaintiff, is the daughter and i . [ heir at law of Josephine’ Dunsmuir, deceased, e o tates steamer |and is a legatee and devisee under the will blown up in the harbor of | of Josephine Dunsmulr and interested in_the t Eekil Sanatis ¢ | estate of Josephine Dunsmuir and as suc veral months ago. Part of | jegatee and devisee Is interested in the estate | The affair will Alhambra Theater on and an excellent w are being planned rts of the State, and army and have taken a deep interest r’letter issued:b; Goodrich he s that amen rest. e met the | as practicable, moun estimated that 5000, and an additional $1000 will needed for the caring of the graves. ot committee est were selected not 1 > has nervous wea Chicago, committee. headquarters 0 HERDES ng planned by tly to help raise | 1 erecting a monument | will go to the Sailors’ | No- programme Comman- should be erected in | where the bodies He be- anite shaft, as lofty ed on a commanding | hips entering the harbor, appropriate way of honoring the shaft will cost | ss? See Drs. Bolte & | card under “Physiclans” classified ads.* fon came yester- of the The next twenty days will be the most profitable time to buy your winter furs, suits, skirts and coats from the Golden Gate, as we have a CUT RATE PRICE on many garments in our house. A CUT RATE PRICE means a saving of from 25 per cent to 35 per cent on all purchases. LONG COAT SUITS—AIl shades and fabrics— 815, $17.50, $20, $25 JACKET SUITS—In tweeds and homespuns— $12.50, $16.50, $25 ETONS—In great varieties— ' $17.50, $20, $25, $30 THREE-QUARTER TAN COVERT COATS— 8$8.50, $10,v§l2.50, 815 60-INCH CRAVENETTES—Fancy tfimmed— $10, $12.50, $15, $20, $25 EVENING COATS—Of a light-weight kersey cloth ; silk lined ; fancy trimmed ; regular $32.50 value. Cut rate Price................. $22.50 This week we will continue our Retiring Sale on Fur Coats and Fur Capes. Fur Coats at New York wholesale cost. Fur Capes at one-third less than New York cost. 1230-1232-1234 Market. Street, UT RATE PRICES - ° | muir, sole devisee under the will of his deceased brother, Alexander Dunsmuir, is directly accused of fraud and flagrant violation of the ethics of 'his profession. After setting forth in detail the facts surrounding the admission to probate of | | | the original will in British Columbia and a copy of the same in this city, the complainants say: FACTS OF LITIGATION. At the time of his death Alexander Dunsmuir left him surviving as his.next of kin and heir mother, and his wife, Josephine Dunsmuir, the mother of the plaintiff, Edna Wallace Hopper. Josephine Dunsmuir died 2, 1901, testate in the State of California. of Alexander Dunsmuir, deceased. Subsequent to February 24, 1900, the defend- ant, James Dunsmuir, procurred an authenti- cated copy of the alleged will and the probate thereof in British Columbia and transmitted | the same to Messrs. Wilson & Wilson, attor- in | neys at law in San Frandisco, who were then acting as legal advisers for Josephine Duns- | muir, with the instructién to file the same in the Superfor Court of the city and county | of San Francisco with the petition for the probate thereof as a forelgn will and for the appointment of the defendant as executor of the will in the State of California. Messrs. Wilson & Wilson thereupon filed the authenticated copy of the alleged will and | the probate thereof together with a petition | for the probate of the’ copy in California as a | foreign will and for the issuance to the de- fendant of letters testamentary, which petl- tion was signed by James Dunsmulr as peti- | tioner and by Wilson & Wilson as attorneys for the petitioner. This was on the 26th of April, 1900, INCOMPETENCY 1S ALLEGED. Alexander Dunsmuir at the time of his death and at the time of making the alleged will was & resident of California and domiciled therein. At the time of the filing of the coples Josephine Dunsmuir was in the City ‘of New be | a be | York. While there she was visited by Rus- ———————=F | sell Wilson, one of the firm of Wilson & _ | Wilson, with whom she consulted as to her ce was given the wisit Portland. Official an- | rights to the estate of Alexander Dunsmuir. She was advised by Russell Wilson to apply for & revocation of the probate of the alleged will on the ground that it had not been duly execut- ed and that the decedent was incompetent to execute a will and that the will had been ob- tained from him by undue influence exercised by James Dunsmuir. Josephine Dunsmuir | thereupon directed Russell Wilson that it was | her intention to so apply for such revocation | of the probate of the alieged will. | Immediately subsequent to the _interview, Russell Wilson left New York for Europe and Josephine Dunsmuir came West to San Fran- clsco for_the purpose of applylng for the pro- posed revocation. On her arrival in this city she interviewed Mountford Wilson, a member of the firm of Wilson & Wilson, ‘then acting for the defendant, James Dunsmuir, as his at- torneys. She was advised by him that she should apply for the revocation. Thereafter the defendant, James Dunsmuir, conspired with Mountford Wilson and the lat- ter, acting on his suggestion, advised and false- ly and fraudulently represented to Josephine Dunsmuir that she should not apply for the revocation of the probate of the will by, reason of the facts stated to her by Mountford Wilson— that if the probate was set aside and the will declared vold on the ground of incompetence of the testator the marriage of the testator with Josephine Dunsmuir, solemnized on the same day that the will was executed, would also be declared Invalid and void on the same ground. WILSON IS ACCUSED. Acting upon_the advice and representation ot Mountford Wilson, Josephine Dunsmoir did not take proceedings to have the probate of the will revoked. After the probate of the alleged will in this State the defendant, James Dunsmulir, in order to ward off any suspicion hat Josephine Dunsmuir might entertain, em- loyed the firm of Wilson & Wilson to act as his attorneys but unknown to Josephine Duns- muir. They were retalned to obtain a release of the claims of Josephine Dunsmuir against the estate and pretended to enter into an agree- ment in writing with her whereby she, in consideration of the sum of $25,000 per annum, to be pald to her by James Dunsmuir during her lite, purported to waive helr at: law and widow of Alexander Dunsmuir all Inter- ests in bis property. The advice given by the defendants through Attorney Mountford Wilson was false and fraudulent and the defendants well knew it to be false and it was glven with the intent to defraud the plaintiff. As the heirs at law of ‘Alexander Dunsmuir the plaintiffs would each ———— ADVERTISEMENTS, NO SLEEP FOR MOTHER Baby Covered With Sores and Scales. Could Not Tell What She Looked Like. MARVELOUS c@m CUTICURA “‘At four months old my ba!K’l face and body were so covered with sores and large scales you could not tell what she looked like. No child eyer had a worse case. Her was caten away, and even her finger lel off. dtf itched so she oonlflhmt eep, and for many weary we oonl?iget no rest. At last we got Cuti- cura Soap and Ointment. The sores T o gt ot s o chomts ahe one she h?::mt ;n‘:r m’aan er m; or bugty.. — Mrs, pring Camden, N. J.” v b in | & Wilsen, representatives of James Duns- | at law the plaintiff, Joan Olive Dunsmuir, his | | | | THE SAN FRANCISCO CALL, FRIDAY, NOVEMBER 10, 1905. We say it is a mistake. Give him a fair show. |that don’t need patching. APHAEL KEARNY ST. AND UNION SQUARE AVE. AUTHORITIES ON FASHIONS® Please don’t let that boy of yours look like the rear elevation of a crazy quilt. ‘ His habits are forming NOW. Don’t let ’em be PATCHED habits. Don’t make the good natured mistake of saying: ‘‘Oh, let him have his fun while he’s a kid. It’ll be time enough to think about his looks when he grows into the fussy- lip period.’’ " He can’t have any more fun in ragged clothes than he can in un- ragged ones. But, as sure as you’re born,; if 1 you let him grow up in patched clothes he’ll have patched tastes when he’s your age. Give him reinforced clothes The Seat of Trouble Never heard of such a thing? Tut! and pshaw! Look at this little fellow on the right. clothes. wearing - cap, shirtwaist, S say? He’s wearing You can’t see the rein- forcement, of course, but it’s there. derwear (every- thing but the shoes and gold stick) and we’ll ask you only 45 What do you reinforced Here’s a proposition: We’ll take your youngster and fix him up with a $10.00 outfit like this fellow on the right is suit, stockings, un- |BRIEF CITY NEWS. | TEACHERS GET CERTIFICATES.—The Board of Bducatlon yesterday granted gram- J‘mar school certificates to Artus Metzger, Frank M. Carr and Miss Kathleen C. Horgan, and a ’-*he(lal high school certificate to Miss Rebecca M. E. Dcnahue. LIGHTS N GRANT AV 'UE.—The Board of Works yesterday directed Light Inspector Tupper to make arrangements for Installing ornamental electric light poles on Grant ave- nue from Market stree to Bush. Tupper will endeavor to Interest the merchants on the street in the scheme. “HARGED WITH BURGLARY.—William | Zakrewski was arrested yesterday by Detect- {ives Graham and Harrison and booked at the | City Prison on a charge or burglary. He is | accused of brezking into the shop of Arnold Laven, jocksmith, 1686 Mission street, on Mon- day last through a rear window. DISAPPEARS WITH COIN.—Mrs. Lourella Montijo, who is connected with a’dyeing com- pany at 869 Gelry street, obtained a warrant from Police Judge | arrest of Paul Verdier on a charge of misde- | meanor embezzlement. . She alleges that Ver- dier collected $24 on Tuesday and disappeared with the coin BOARD AWARDS CONTRACTS.—The Board of Works vesterday awarded a contract to Daniel O'Day for grading the rear vard of the Crocker Grammar School on his bid, of $850. Contracts were also awarded for stleet work on Masonic avenue between Congress and Pledmont streets and on Seventh street be- tweea South and Hubbell. VICTIM OF CARBON-MONOXIDE.—A man who gave the name of J. Reed was found dead in a room at the lodging-house at 781 Mission etreét yesterday morning by L. W. Boggs, the bedmaker, Reed rented the room on Wednes- day night. Gas was escaping from a wide open jet. The body was taken to the Morgue. It is that of a man about 45 years of age. SOLICITS VOTE. OF GHAND JUROR.—A. G. McFarland, a Grand Juror, swore to a coni- plaint before Police Judge Cabaniss yesterday charging “John Doe with a felony in solicit- ing his vote on election day for the Union Labor party at a polling booth at Miesion street and Cortiand avenue within the 100-foot limit. | It Is alleged that McFarland:complained to Po- liceman Stanton and asked him to arrest the man, but Stanton refused. MESSENGER BOY DECAMPS. —W. K. Lewls of the California Messenger Company, 204 O'Farrell street, obtained a warrant from Police Judge Mogan vesterday for the arrest of J. E. Howard, one of his messenger boys, on a charge of felony embezzlement. Lewls al- leges that Howard on October 26 was given a check for $200 by a customer to cash. Howard cashed the check and disappeared with the coin., TROUBLE OVER LODGING-HOUSE DEAL. Thomas Roy, 18 Ellis streét, obtained a war- rant from Police Judge Mogan yesterday for the arrest of ¥. P. Kopenhaver on a charge of obtaining money by false pretenses. Roy hat he purchased the lodging-house at street on August 19 from Kopenhaver )0 on the representation that it was un- abered, but he had since discovered that was a mortgage of §600 on the place, AISTRUF WILL BE HRELEAS] Adolf Afstrup, the young Dane who . was arrested jast week on a circular from the police cf Shanghai, China, that he was wanted there for embezzling about $13,000 from his employers, the East Aslatic Company, received a cable- gram from his father In Copenhagen yesterday through the Danlsh Consul here which reads: “I ask you to go to Copenhagen instantly. You do not risk anything.” As Captain Bu: nett has not heard fromithe East Asfatic Com- pany or the Danish Government, Alstrup will probably be released to-day That merchant who was first to de- cide that it was better busimess policy to sell two suits of clothes at a profit of one dollar on each than to sell but one syit at a profit of two dollars—Ilaid the corner-stone of the edifice of “mod- ern retailing.” Bvery store advertised in these columns acts upon this policy. ———————— Towboat Libeled. The Western Repair and Supply Com- pany filed a libel yesterday in the Unit- ed States District Court against the gasoline tdwhoat George R. Bailey to recover $551 balance alleged to be due for ship chandlery. P lme e have been entitled to one-half of all of cedent’s property if the will had been set aside; whereas, under its provision erty of the decedent was devised to James uir and fs now in the possession of James Dunsmufr. VALUED, AT: MILLIONS. The property of Alexander ~Dunsmuir s valued ~at $8,000,000 and reason of the fraudulent ntations of -the defendant of $4,000,000. In conclusion Edna Wallace Hopper and Joun Olive Dunsmuir ask that the court set aside the admission of the probate of the authenticated copy of decedent’s will and that .ames Dunsmuir be declared trustee of the estate for the benefit of the claimants; that the Pacific Improve- ment Company, which joined with James Dunsmuir as a defendant, be re- strained from removing beyond the juris- diction of the court stock n the Esqui- malt and Nanaimo Railway Company and the Wellington Colliery Company, val- ued at $8,000,000, and now held by the im- provement company, and that the last will of the deceased be declared vold on the ground that it was written by the deceased when he was of unsound min and under the undue influence of the de- fendant, James Dunsmuir. Olive Dunsmuir John M. Burne Mogan yesterday for the | all of the prop-. represe! each of. ua%o plaintiffs was damaged in the sum | by T B X Gommac ent| PARTY LEADERS ARE IN DOUBT It will be six months before the Demo- cratic and Republican parties really know whether or not they are entitled to have place on the ballot at the next muni- cipal election. Of course there is little Coubt that both of these parties received the necessary 3 per cent of the votes cast, and will be seen on the next official bal- lot, but such might not be the case. The fact that the Republican ticket came first on the voting machine, and that igs candidates were the same as those on the Democratic ticket, which appeared just below, may have caused the Democratic voters to have carelessly neglected their own ticket and to have turned the top lever. In this way the Democratic party may have failed to secure the necessary 3 per cent. If such should be the case the Democrats would be forced to peti- tion for a place on the ballot. Because of the negligence of the elec- tion clerks no tab was kept of the sep- arate votes of the two parties. As the figures of the two tickets were called off they were added together and the total vote alone put down on the tally sheet. Even at the official count, which begins next Wednesday, it will be impossible to get these figures. The two parties will have to wait until the election machines are opened before they can determine their strength as polled at this election. Part of the machines will be opened at the Registrar's office and part will be opened at the warehouse. Meantime, the leaders of the parties will be kept in suspense. —_————— The Great Election Fraud. Frank Jordan tells all about it in this week’'s Town Talk. The Saunterer tells why the Greenwood ball was a frost and gives a list of “Those Not Present.” He explodes the story of the sifting of the smart set and discusses the aftermath of the campaign. As usual, this newsy weekly abounds in exclusive stories of general interest concerning individuals and events in the political, social and art worlds. If you do not read Town Talk you cannot keep in touch with those activities that interest the cultured. . Garbage Sult Dismissed. United States Circult Judge Morrow yesterday dismissed the sult of the Pa- cific Incinerating Company vs. John Trucce et al. The company is inciner- ating garbage In Oakland. The dis- missal was reauested by both parties. | of COSSIP ABOUT | IPPOINTHENTS There was a well-defined rumor around the City Hall yesterday that P. H. Me- Carthy will succeed Alexander O'Grady as Police Commissioner in the event of O'Grady receiving the appointment of chlef assistant under City Attorney-elect Burke. O’'Grady is associated with Burke in the law business and the position, which pays $300 per month, may be his for the asking. If McCarthy is not made Police Com- missioner by Mayor Schmitz the gossips say he will receive a fat billet in the De- partment of Public Works. The position Superintendent of Construction of Buildings under the bond issue may be created for McCarthy at a munificent salary. Dr. George Drucker, who championed Mayor Schmitz’'s cause on the Lilienfeld Grand Jury, is likely to be a}v..nted on | some commission, If a vacancy occurs in | the event of shift in positions. Drucker was an aspirant for a vacancy on the Police Commission a year ago, but had to give way,to O'Grady. The rumor is current that Police Com- missioner Thomas Reagan is not in faver with the Schmitz administration. but his term dJdoes not expire until January 8§, 1907. It is net likely that he will be dis- turoed, and Drucker may have to wait a year for the vacancy to occur. The wiseacres are expressing doubts as to whether Fire Commissioner John S. Parry will be reappointed when his term expires next January. Parry’'s friends scout tne proposition that he will not succeed himself, and point to the fact that he was very active in the support of Schmitz in the recent campaign. . There is reason to belleve that John Ryan, the veteran clerk of the Board of Supervisors, will’ be retained in his posi- tion, and that Cyril Williams, expert to the board, will also be reappointed by the new Board of Supervisors. B Burnett's Extract of Vanilla is the best. perfectly pure, highly concentrated. * —_——————— New Postxl Money Order. The Postoffice Department has adopt- ed a new strle of postal money order blank to prevent “raising™ by. erim- inals. 1In the left-hand ;nargin of the order is a strip of figures representing dollars from $1 to $40 by leaps of fives, and from $i0 to $100 by leaps of tens. All numbers above the sums named in the order are cut out by the postmaster issuing the sae. o OUR ONLY STORE ‘Telepho ast 864. POLK AND BUSH STREETS Mrs. ber's Mustard, 3 bottles 25c Fresh Butter, square ... A0 High grade creamery Red Saimon, and Costa Riea, Ib Costa Rica—Usually bottle tall 1b cans 10c 2ye ili Sauce, Currants, 1b. pkas Seeded Raisins and eaned Currants—Ne 5 ock. Mrs, Faber's Jel or Jam, % Boiled Cider, large bottle Best Eastern boiled Cider—Gallon pri Sour Mash Whisky, quart bottle 68c. Mince Meat, Mrs, Faber’s, Ib A2 Made as you would make it at home—best ma- terials, skill and cleanliness. Quart jar 40c Marquette Whisky, bottle T3c. Cooking Brandy, Good strong Grape Brandy—Gallon $2.50. Phone East 664. Souvenir Wines, gallon ... ... FTWE Ten-year old tonic wines—Port, Sherry, An- gelica, Muscatel—Usuaily §$1.75. Extra Table Claret—Gallon ide. Friday Ounly, Armour’s Bacon, Ib. . Mild Sugar C Lean medium sides. To-day only POLK AND BUSH STREETS. —_— €. C. U. €. GIVES SPLENDID MUSICAL ENTERTAINMENT Miss Ruby Stuart, Dainty Young Voenl- ist, Pleases Audience on Her First Appearnnee in Publie. . A large crowd was preseat night to make' the rally at @ Howard-street Methodist Church a success. The rally was given un- der the auspices. of the Howard C. C. U. C. and the members of the organization presented a wonderfully good programme of entertainment the many.listeners. After the evening's entertainment was finished dainty freshments were served. Of especial promise was the singing of Miss Ruby S This young woéman appeared for the first time be- fore an audience and her vocal ability won her hearty encores. The rest of the programme was also of exeellent merit. The Life Insurance Of the Future Is The Pacific Mutual Policy of To-Day Death * Acgident Disease Disability | All Are Provided For The California Company The Bank Account The Best Returns The Mortgage Y Happiness Established 1868 General Ageats for California KILGARIFF & BEAVER 509 Montgomery Street