The San Francisco Call. Newspaper, November 23, 1905, Page 7

ARNY OFFICR 5 ON TRAL iptain Robert W. Rose of Twenty-First Infantry Is Before a Court - Martial LIQUOR IS THE CAUSE Charged With Conduct Unbe- coming His Position While in the General Hospital - THE HUBS ANNEX COMPLETED Public Inspection of Hand- some Shop To-Night and To-Morrow Night. of quarters, 1 be afford- afort Ty ar onvenience in uit of their shopping. Light, airy t crowded with e hing upon t the op offers dressers.” Men's be carried in the er-street depart t and overcoats, dress goods and Albert frocks Annex —————————— Mother Sues Children. The Mission-street Cracker and Bis- t factory is not running up to full acity, owing to the fact that the ther is refused the right to work. The ther in this instance is Mrs. Eliza- beth M. Muller, who, joined with her John, filed suit yesterday against Peter M. and George A. Muller and annie Andrews, their children, to se- right of entry to the premises. her complaint Mrs. Muller asserts at she is owner of a half-interest in the factory and that she and John have driven from the premises by the defendants, physical force belng used T ome of the property, says Mrs. is $200 a month, but the de- are dividing up-this sum to exclusion. She asks that a re- her celver be named to take charge of the serty pending the trial of the suft. ————————— oT PUBLIC STREETS_City Attorney v sdvised the Board of Super- tain portions of Eagle, Seward n streets, lying in the San Miguel :ave never been mccepted by the city ess they have been actually used by c they are mot open public streets. the Bahy FOOD The quantity of the food taken is not the measure of its nourishment. The quality is what counts. Many babies take large quantities of food and geta small amount of nourishment. Mel- lin's Food babies take a small quan- tity of food and get a [arge amount of nourishment. Send for our book “Mellin's Food Babies.” Mellin’s Food ot et o e SRLE ot the award of the m& er than & gold MELLIN'S FOOD CO., BOSTON, MASS. v THE SAN FRANCISCO CALL, THURSDAY, NOVEMBER 23, 1905. o b‘ \DANS. CHARGED WITH HUCCING Army Officer Seizes Wrong Woman and Husband Gives Him Into Police Custody i s Adams, U. 8. seri offense by d her husband o e her she at the streets furnishing $5 called in Judge Cabaniss, ac was 1's court by Judge tem. the lieutenant did not ap- rs. Bingham and her indignant hus- t how de- re er, utenant Adam. and wer Adam his ver: He was released im- E on rough here on his He is attached and is on his way the islands. nt on: hav- inclined to agreeable affair. waiting for & be retic about the She declared that she w car with her husband when Adams reeled by. . the husband and wife, According to d oke to Bingham and at- embrace her. The indignant band seized the army officer and him until the arrival of Policeman Mrs. t during the Spanish- American war- and won his commission from the ks. He was given first | commission by President Roosevelt. FRIEND'S COIN Frank Johnson Accuses John | H. Ott Jr. of Stealing Hi Cash, Amounting to $1110 —— John H. Ott Jr. is a fugitive from justice and the police have informa- tion that he is on a Santa Fe train on his way to Chicago. All the cities amd towns on the Santa Fe route have | been notified by Chief Dinan to be on the lookout for Ott, with instructions to arrest him, as he is wanted here on a charge of grand larceny. | Ott and Frank Johnson came here from Chicago about two weeks ago. They were friends of long standing. having worked together for years as brickmasons, Johnson stating that he had taught Ott the trade of a brick- mason. When they arrived here they occupled the same bedroom at 13538 Howard street. Johnson had $1110 in currency in his trunk. He happened to look into the trunk on Tuesday and was astounded that his savings of years had disap- peared. Ott had left the house that morning while Johnson was asleep, and as he_failed to return during the aft- erncon Johnson’s suspicions were | aroused and he notified the police | Captain Burnett detailed Detectives Bunner and Fyeel on the case and | after making an investigation they as. | certained that Ott had purchased a | ticket at the Santa Fe office for Chi- | cago on Tuesday morning and had ap- !paren(ly left by the morning train. i The detectives reported the result of | their investigation to Captain Burnett: and Chief Dinan at once.wired to all| towns and cities on that route to ar-| | rest Ott. Johnson told Captain Bur- { nett that he felt more keenly the be- | trayal of the trust he had in his friend | than the loss of his money, but said he | would have no hesitation in prosecut- | ing Ott. —_——— Wanted for Embezziement. B. W. Rice, manager of the American Mutual Investment Company, Grant building, obtained a warrant from Po- lice Judge Cabaniss yesterday for the | arrest of A. Stelnmitz on a charge of tTelony embezzlement. Rice said that in June last he gave Steinmitz $100 with | which to go to Milwaukee and open an office there as agent for the company, but that was the last seen or heard of him CAPT. R W RPOSE N \_ YV — FRAUD AVERRED BY MKINNON Removal of Administratrix Demanded on Ground That-‘ She Has Deceived Court ATTORNEYS ACCUSED Lent & Humphrey Charged Vith Making False Return of Sales of operty Charging that she has misappropriated moneys placed in her keeping, and that, in conjunction with Lent & Humphrey, her attorneys, she has made fraudulent returns of sales to the Superior Court, John Louis McKinnon yesterday peti tioned for the removal of Leonide M. Mckinnon as administratrix of the es- tate of the late John J. McKinnon, who dled in 1896, leaving real and personal | property valued at $50,000. It is further | charged that since she was appointed to | ofice Mrs. McKinnon has wholly neg- lected her dutles, refusing to furnish ac- countings and failing to-file reappraise- , after she had made various sales of estate property. Mrs. McKinnon's attorneys are sald to | even now hold in their possession arti- cles of jewelry which the return of sales show to have been long since disposed of at sums, the petitioner claims, much lower than their real value. John J. McKinnon died Intestate. He left real estate located on Post and | Geary streets and lots in Tulare County. In addition were corporation stocks .val- ued at $15000, diamonds and jewelry sald to be worth $2000 and $6500 in cash. Le- onide McKinnon was appointed adminis- tratrix in 1901. Some months afterward she filed a return of sale in the Supe- rior Court, signed by herself and attor- neys, which, says the petitioner, pur- ported to give notice of the sale of 1000 | shares of stock in the Cypress Lawn: Im- provement Company to A. C. Hampton for $4500. ALLEGES MISREPRESENTATION. This was a misrepresentation, says the petitioner, the fact being that the stock.| was sold to one George D. Perry, a clerk | | in the offices of Humphrey & Lent, who acted as a dummy. Hampton, it is as-| | serted, never knew there was such a sale as reported in the return made in| the court. Later it is charged that %00 of OFFICER WHOSE AL ORE A COURT-MARTIAL HELD, YESTERDAY. the shares were sold at the rate of $5 a MY OFFICER S I8 DISGRACE of | Company E, Tenth Infan- try, Ordered Into Custody Lieutenant MeClelland ———ae SPOKANE, Wash.,, Lieutenant Donald Company E, Tenth Nov. 22.—Fir: C. McClelland United States officer. An Investigation of the company's a counts to-day disclosed a shortage $440. The funds were deposited in Spokane bank to the credit of Lieuten- The investigation was ant McClelland. conducted in the post hospital, whe: the lleutenant has been since Wedne: d suffering from wounds, made while he was shavin One of the slashes In the neck severed Lieutenant McClelland a small artery. rose from the ranks. He enlisted | appealed from both decisions and his appeals from New York and saw service in |to the Supreme Court were dismissed. He rep- Cuba and the Philippines. He has a |feSents but cne-twelfth interest in the estate, . E | end is opposing his mother, three sisters and wife and child here. ok e LIEUTENANT HUGH KIRKMAN IS CHARGED WITH FORGERY Officer of the Elghth Cavi Philippines Placed Under Arrest. MANILA, Nov. 22.—Lieutenant Hugh Kirkman of the Eighth Cavalry hi been arrested at Fort McKinley on charge of forgery. Kirkman It is alleged th. Lieutenant was short —_—————————— hube | troop funds to the amount of $500 and | that he raised the money by forging names to a note. ———————— “Iteration, like friction, is likely generate heat instead Even an interesting store advertis ment should not be repeated, withos change, too often. —_——————— Monnier Account Settled. The annual account of Mrs. Monnijer, as executrix of the will of tl | late George Monnier, pioneer wine mer- was settled by Superior Judge chant, Graham yesterday. Roche, representing George Jr., who successfully Attorney Theodo: Monni of In- fantry, {s under arrest at Fort Wright, charged with conduct unbecoming an self-inflicted 'y In the of progress.” Annile contested his share. At another alleged pretended sale the | - | petitioner _ claims that George H. Lent of the firm of Hooker & Lent acted as auctioneer, and made a false affidavit, stating that The had sold a gold watch and chain , to Hampton for $20. This jewelry, it is al- leged, like the stock, was later sold at private sale to one D. A. MgDonald, who paid $100 for it. Another charge is that| Mrs. McKinnon obtained an order of the court allowing $100 a month as a family support for the decedent's widow, Sarah McKinnon, the payments to date from March 11, 1897. This money, says the petitioner, never went to the widow. Instead, It is claimed, a large portion of it was appropriated to the administratrix's own use. HUMPHREY MAKES ANSWER. Regarding the charges, William P. Humphrey of; Lent & Humphrey sald: These false and groundless charges are made without even the remotest expectation of sus- taluing them. There are six heirs of John J. McKinnon, deceased; the widow, Sarah Me- Kinnon, her three unmarrfed daughiers, two sons and the widow and minor hlid of a de- ceased son. When Miss Leonide McKinnon was appointed administratrix in 1901, we were employed as her attorneys. At that time the te was practically insolvent, as it was in 6, when Mr. McKinnon died. The widow's st c- of | a 1846, allowance had been stopped. The estate is now valued at about $100,000 and all the creditors are paid. Over J. Louls McKinnon’s objection in November, 1908, hf mother was granted a family allowance of $100 per month. Over his objection the accounts of his sister Leonide M. McKinnon have been | settled and approved by the rt. All the | matters mentioned in this petitiod for her re- moval were then passed on and approved. He re 8- g brother, all of whom approve all that has been done, His fancied grievances led him to employ SAYS MOTHER FEARED SON Attorney Shortridge Asserts That Oscar- Ellinghouse Dominated Aged Testatrix SEAL ON HER TONGUE Story She Would Have Told Her Other Children Never Finished, Lawyer Declares| The trial of the contest of the will of the late Mrs. Bertha Ellinghouse, in- stituted by Mrs. Emma G. Stone and Edward Ellinghbuse, children of the deceased, has been conclyded. The charges of the contestants ' that the testatrix was unduly influenced while weak in mind and body have been heard and the defense of Oscar Elling- house, brother of the contestants and chief beneficiary under the will, has been exploited. Naught now remains but the decision of Probate Judge Cof- fey, before whom the trial was held. Samuel M. Shortridge, counsel for the contestants, closed the argument yes- terday morning and in so doing dwelt upon points heretofore untouched by the lawyers in their analysis of the evi- dence. In part Mr. Shortridge said One point I wish to make clear to your Honor {s that the frail form of this old woman, now at rest in the grave, often trembled in fear of her son, Oscar; wny we can only sur- mise through facts disclosed during the trial now drawing to a conclusion. Frequently, af- ter first warning her daughter and Edward not to disclose to Oscar what she was about to tell them, she would begin to recite a story. This story, bowever, whatever it may have been, was never finished; her courage would fail her and she would cease to talk. This record has further disclosed the fact that Oscar was always hostile to his brother, ward; hostile to the prother that labored and to the good sister that worked that he might have an education. Then when he grew to manhood's estate ingratitude was his most predominant characteristic, but hardly less de- veloped was his avarice and ingratitude. While testitying on the stand in this case he was compeiled to admit that he gave false testimony as to his knowledge, prior to the death of his mother, of the provisions of his will, and on this point was contradicted by his own wife. Your Honor, I-will say to you that when in a man you find cupidity, avarice and | ingratitude; when you' find an unnatural son as we have found In Oscar Ellinghouee, you will be disappointed if in such a person you look for veracity. As he nas admitted that he gave false testimony on one point, 1 shall ask that he be distrusted in all of his testimony, for to this day we have recognized the wis- the Latins as expressed in their max- ‘Falsus in uno, falsus in omnibue.” Mr. Shortridge then spoke of the limitation that confronted the court which prevented it from decreeing that not only justice, but what would be only right in thelcase at bar, retribu- t've justice should be provided for. He said: There should be & law that would permit of the punishment of & person who contrives by scheme and device to steal an inheritance that by right belongs to another; this would only be retributive justice. Should this court find that we are entitled to judgment in our favor, all that the court can do is to give these con- testants one-third each of the estate and award the proponent of this will, Oscar Elling- house, the other third. This should not be; the court should have the right to punish this unnatural son for his unlawful acts, take from him the right of in- heritance and divide that which would have been his had it come to him honestly tween those he has sought to defraud. —_—————— AMES SERIOUSLY ILL.—Owing to the seri- ous {linces of Daniel T. Ames, handwriting ex- pert, the hearing of the contest of the codicil of the will of the late Samuel Davis was con- tinued yesterdey until this morning, It Mr. Ames Bas not sufficlently recovered by this morning to resume his testimony some other witness will be called. BULLET STOPS YOUTH'S FLIGHT !J. B. Duff, a Young Waiter, Arrested on a Charge of As- sault With Intent to Rob| ST A HE .IS INNOCENT | 1 SAYS Accused of Striking H. F. W. Spreen, Hotel Proprietor, | | and Demanding His Money “Don’t shoot me; I didn't know you were an. officer,” ,shouted J. B. Duff as | he stopped suddenly in his flight early yesterday morning on Pine street and threw up his hands. C. M. Donovan, one of Morse’s’ patrolmen, had fired a shot in tha air to intimidate him. Donovan slipped the handcuffs over Duff's wrists and turned him over to Policemen Duffy and Heins, who took him to the City | Prison and booked him on a charge of assault with intent to commit robbery. H. F. W. Spreen, proprietor of a hotel at 606 Geary street, says that wirle he was walking along Stockton street, be- | tween Pine and Bush, on his way home ! shortly before 1 o'clock, Duff jumped out | of a dark doorway and struck him two violent blows on the face with his fisi at the same time making a demand for money. Spreen grappled with him, he says, and while they were struggling on the sidewalk, Donovan observed them and ran toward them. As soon as Duff saw Donovan, he broke | away and ran along Stockton street to-| ward Pine, followed by Donovan. Dufl‘ turned the corner of Pine and was half- | way down the block when Donovan fired | a shot in the air. Duff stopped suddenly | and, throwing his hands up, shouted to| Donovan not to shoot him. | At the City Prison yesterday Duff, who | is 19 years of age, said he had been em- | ployed for a few days as a waiter in a | restaurant at 12 Turk street. He came from Los Angeles two weeks ago. He | denied having attempted to rob Spreen. | He said he met Spreen on the street and Spreen wanted him to go with him. While | they were walking along, Spreen made a | remark that Duff said he did not like, | { and when Spreen repeated it, Duft struck | him on the face. He thought that Dono- van, who was in plain clothes, might be a friend of Spreen and that was why he ran away. He said he had never been | in any trouble before. | —_———————— Falls to Recover .tock Certificate. Justice of the Peace Danlels yester- day gave judgment against W. H. Bar- ton, who sued Benjamin Boas for| $162 50, the value of a stock certificate | of fifty shares issued by the Central Light and Power Company. In his tes- timony Barton stated that he had a| certificate of stock numbered 150, | which he turned over to Frank Pau- | son, secretary of the company, in es- crow in connection with a financial deal. The certificate was returned to Barton, who thereupon deposited it In a safe deposit, as he supposed. Barton ascertained one day that he had lost the certificate and says that he was surprised to discover later that the stock had been reissued to Boas 1nder certificate No. 531. Boas went on the witness stand and positively | denled that he had ever recelved the certificate and denfed that-his signa- ture to the receipt was genuine, so judgment was given In his favor. | CONTEST DISMISSED.—The contest to the | will_of the late George Xoenig was dismissed | by Superior Judge Coffey yesterday, the heirs having reached a compromise. some of the best and most upright attorneys at this bar. To date he has had seventeen at- torneys. The court records show these facts. No attorney would undertake to fnitiate pro- ceedings such as these until he found Nagle & Nagle, late of the estate of Elizabeth Boyne, deceased. Nagle & Nagle were removed as | representatives of that estate by Judge Coffey as | for practices condemned by him. This removal | was based on a petition filed by us on behalf 2 | 5f our cllents, and Nagle & Nagle seek vindi- cation by this malicious attack. The stock and jewelry mentioned in the petition were sold at | Dublic suction and purchased by an agent of | Mrs. McKinnon, the petitioner's mother, as he knew. She became the owner of this stock and her husband’s jewelry. George H. Lent had nothing to do with it. He simply acted as auctioneer. The sale took place in April, 1802, almost four years ago, and although seventéen attorneys investigated the matter no one discovered any ground for uch a. petition untll Nagle & Nagle came tnto e case. ————————— Hagan Makes Serious Mistake. Alexander Hagan accosted Policeman E. J. McKevitt, who was in citizen's dress, on Tuesday night and asked him to buy a yellow metal watch, which he said he had brought with him from Philadelphia, McKevitt questioned him and he gave 80 many contradictory an- at of to o ut he re er father's will, In which he was prac- | swers that he was placed under arrest. tically disinherited, objected to the ac- | He admitted that he had been released count, stating that it contained no |from San Quentin on Monday, but re- mention of the disposition of jewels left by the deceased and a large quai tity of valuable wines known to have been in the cellar at the late home the deceased. trator contain this information. et Who has kidney and bladder trouble? Bris or send this 1177 ad French EI-El Treatment. —————— Young Woman Charged With Insanity, named Caroline | Bauve, aged 19 years, was placed un- der restraint yesterday in the Detention Hospital at the City Hall by her aunt, A young woman Mrs. Margaret Finney, who resides 1015 Polk street. The girl has recently become {rr: tional and talks to herself contin ously and at times makes against members of her family. Lunacy Commissioners, Judge Graham ordered that the final account of the adminis- for free sample New 210 Powell, . 5. * threats She will be examined this forenoon by the fused to say where he got the watch. He was locked up at the City Prison. —_—————— Egan’s Relatives Wanted. Chief Dinan received a letter yester- day from J. B. Doolittle, Justice of the Peace at Colfax, that Daniel Egan was found dead there on November 5. He had a brother in this city who was in the wholesale liquor business, but dled some years ago. Dan Egan left some property in Colfax and Justice Doolittle wants to know if‘he had any relatives in this cit e ——e—————— Burglars Enter House. John Dennis, 96 Chenery street, re- ported to the police yesterday that bur- glars entered his house on Tuesday of Ing at night by breaking the glass of a rear window. They thoroughly ransacked a bedroom, but the only thing taken was $1090, which was In a bureau drawer. 30 years States for what you have done for her, Yours truly, Dr. Wong Woo is daily in receipt of just such testimonials above. If you mlickmd(fincouer‘a’ied and all others failed, DR. WONG W00, 764-766 Clay St., San Francisco. Grateful Husband Writes Letter of Thanks Dr. Wong Woo, 764-766 Clay St., San Francisco. Dear Sir—I want to thank you for what have done for my wife. She had been sick headaches- and without any result. And she began taking your Herb Teas she improve and in 7 weeks she and has been ever since. Again thanking for that THE Overland imitec Oakland, Cal, October 24, 1gos. g% and white doctors all ad treated her for these awful dize I remain, M. HOLMAN, 862 Kirkham St. ials as consult’ § souri River to Chicago. 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Be- hind Folk and his work is public sentiment, which has been aroused by another kind of leaven, and, as one person has said, that leaven began to work with Steffens” stories of political graft and Miss Tae- bell’s papers on commercial graft, published in McClure’s, 10 cents a copy; $1 a year. S. S. MeCLURE COMPANY 44-80 East 23d Street NEW YORK I develop all films purchased of me. I also develop fiims where J am en- gaged to do the photo printing. B CURLI LM at the following prices for rolis of six_exposures: x3l,, 15c; 2433, 2c; J4x4%. 3%4x3%, 30c; 3 x4y, I5c; 4x3, x4 and 34x5% 5x7, S0c. My prices for per print as follows: T4,x3%, de; 2%x: 3%x3% and 4x43,, Sc; 4x3 and 3%x0%, Ge; x7, 1oe. 1 give a discount of 10 per cent » all orders of not less than eix atives of six prints each. Send stamps for postage. Mail orders promptly flled. THAT MAN PITTS, F. W. PITTS, 1008 Market st “APazasis acrenaTvE mmlal% 'RECOMMENDED 3Y MOST EMINENT PHYSICIANS Steamers leave Plars 3 and 11, San Francisco. For Ketchikan, Wrangel, Juneau, Treadwell, Haines, Skagway, ete., a. m., Nov. Dec. 1. Change to company’s steamers at Se- attle. For _Victorla, Vancouver, Port Townsend, Seattle, Tacoma, Everett, Ana~ cortes, South Bellingham, Beliingham—11 a m., Nov. 11, 16, 21 26, Dec. 1. Change at Seattle to this company’s steamers for Alaska and G. N. Fg.. at Seattle or Tacoma to N. P. Ry.: at Vagouver ta C. P. Ry For Eureka (Humboldt Bay)—Pomona, p m.. Nov. 13, 19, 25, Dec. 1. Corona, P m.. Nov. 10, 16, 22, 28, Dec. 4 For Los Angeles (via Port Los Angeles and Redondo), San Diego and Santa Barbara— ‘Santa Rosa, Sundays, 9 2. m. State of California, Thursdays, 9 a. m. For Los Angeles (via San Pedro and Bast San Pedro), Santa Barbara, Santa Cruz, Mon- terey, San Simeon, Cayucos, Port Harford (Saa Luis Obispo), Ventura and Hueneme— Coos Bay, 9 a. m.. Nov. 14, 22 30, Dec. & Bonita, 9 &_m., Nov. 10, 18, 36, Dee. 4. For Ensenada, Magdalena Bay, San Jose del Cabo, Mazatlan. Altata, La Paz, Santa Rosa- T, Guaymas (Mex.). 10 a. m., Tth each month. ALASKA EXCURSIONS, Season 1906— palatial Alaska excursion steamship SPOKANE Wil leavs Tacoms Seattls and Victaria June 7. 21, July 5 further 19, Aug 2 obtain folder. Right information is reserved to change steamers or sailing dates. TICKET OFFICES—4 New Montgumery st. (Pulace Hotel). 10 Market st. and e reight Office—10 Markes st Oak! Broadway. C. D. DUNANN, General Passenger Agent, 10 Market st., San Francisco. AMERICAN LINE. ‘herbourz—Sou ton. h—C thamp: ATLANTIC TRANSPORT LINE. New You HOLLAND-AMERICA LINE. NEW YORK—ROTTERDAM, via BOULOGN® RED STAR LINE. TOYO KISEN KAISHA ORIENTAL S. S. CO. Steamers will leave wharf, cormer First and Brannan streets, 1 0. _m., for Yokohams and ‘Hongkong, calling at Honolulu, Kobe (Hiogo), Nagasakl Shanghal, at Hongkong With steamers sto. No ca recelved on board on day of salling. 8. “America Maru,” Monday, 8. 8. Nivpon Maru,” Tuesday, Feb. 20, 1908 §.8. “Hongkong Thursday, Biound-trip. teketa st reduced oflu.mh' anman, 9ceanics.5.00. 5in o 8. S. SIERRA, for Honolulu, Samoa, Auckland 5.0 PAMEDA, for Honolulu, Saturday. Dee. 0% 5 SRrPosA. for Tahitt, Dec. 28, 11 & m. 1. D. SPRECKELS & BROS. C0., Agts. Ticket Ofice 643 Markst. Freight Office 327 Market St., Pier 7, Pacifie st. instead of r, 1t ;-..D-Pl.‘& jorth River. Forae and Soo GEN- Tickets sold by all Rallroad Ticket Agents. BAY AND INTERURBAN ROUTES. MARE ISLAND NAVY YARD, VALLEJO and NAPA Napa Valley Route 8 8 Co. and Napa Vailey Eleos