The San Francisco Call. Newspaper, January 23, 1906, Page 9

THE SAN FRANCISCO CALL, TUESDAY, JANUARY 23. 1906. ELL GWYNNE® WINS THOUSANDS OF “C00-EES” MISS STEWART IS A CLEVER ACTRESS e e T | 1, - & Y From the Antipodes Easily Captures| 1 ler First American Audience. as to be startling. At the close during the n Hyde , Mayall v and evoke Henry was, as usual, ef- nd convincing: George P. vas excellent as Dr. Lunyon, same can be said of James s Poole, the butler. True n as Richard Enfi the tive, and Linda de Costa ished the little comedy ; and they did it lliott ‘as the housekeep- Nicholls as the police The piece | The Chutcs. Wahlund and Mile. le who juggle with two ired pound weights as tzels, made their first Francisco at the Tekla, a | ¥ Eng esterday and astounded two s @s. Mile. Tekla is without | gag 1« e most wonderfully developed | = wor who ever appeared here, and | he « lancing weight of 1500 | c afle up of a 300-pound weight | ber of men who stand on ° s rm placed across her, is some- | t at n to be seen to be ap- S! o i ¥ v Doyle, n Irish come- a diences in a good x ngs and trick danc- d Leslie proved a medy coupie. “In Vacation s > mus za_ pre- by Bothwell Browne's G number, repeated its oty - and Nellle Mo, 4 ar singer of 1illus- 5 » 1 the rimatoscope, 1 1sing and interesting . d capital mateurs their 8 e is a Satur- California. Bea is the name ke mo ntly inserted e lesque wheel revolving at the | ; The show is similar to its of a meaning- 1 speclalti fifteen in number. They costu s, in which asing evolutions. spreciated feature may judge | g-punching There is throughout is the name of the | takes the leading part is quite above the her assoclates. Harry | most amusing of the men. onte game in the clos- | the performance is very wh k Seyon is the card Central. sented a novelty last al melodrama, “How nad all odramas, sical | certainly a new one. The y four and made quite | in the It is by Owen includes many | specialties, leading man, Robert Wi numbers to sing. takes care of the comedy role in sinstaking manner. The | 1 undoubtedly do a large busi- wis week. ast musical and two German Theater. { German theater season in this | to haye a notable produc- | t Sunday night when the Arthur | Lustspiel Ensemble makes its | e Columbia in the| comedy, “Die Berubmte Arthur Becker has | gthened his organiza- | now quite perfect and nda night's prodiiction will one of the best to which Ger- cater-goers have been invited seasons back. prove man th for some . Tivoli. “Foxy Quiller,” with its catchy mu- ilicking story and its roman- t having a successfil sec- ond week at the Tivoll. Nightly Teddy Webb, Barron Berthald, Arthur Cun- ningh: George Kunkel, Cora Tracy and Helena Fredericks are repeating the success of the opening. The cho- | rus is well drilled, pleasing to the eyes nd to the ears, the scenery is beau- | and the libretto amusing. { H Orpheum. The patrons of the Orpheum who at- | tended the performance last night voted this week's bill to be above the R | ordinary in merit. Grand. A large audience enjoyed the per- | formance of the old-time Swedish com- | edy-arama, “Yon Yonson,” last night at the Grand. James the Fairfax Stewart play t »ora Rignold brings . nction with her de- | Alcazar. | non. It is a little| The second week of “The Admirable | Crichton” opened last night with the high-bred, rarely individ- usual crowded hodse and delighted au- | e large cast all de- it space forbids. It|dience, Musgrove, who b R shall run a v HOIST RED FLAG. n to repent his Blood Colored Buuting Raised Over Seattle Socialists’ Hail, SEATTLE, Jan. 22—Ten feet of blood red bunting floating daringly all day yesterday from the headquarters of the Socialists, Fourth and Pine streets, reflected the sentiments of aly most 1000 men and women in the hall the first anniversary of a that day of horror and blood which made the hearts of Russeia and the world stand still with agony. Memorial services for the hun- dreds who died for liberty on January 22, 1905, were held. PARTINGTON. Albambra. BLANCHE was crowded and apprecia- of the was a marked his best ef- with Belasco picted the monster rst for blood in a s Dr. Jekyll was w from e pi— view of | Programme at Stelnway Hall. such ra- The Little Women’s Settlement Club | will_give an entertaining programme |in Steinway Hall this evening. Among " | the mumbers will be the farce, “Six | Cups of Chocolate” The characters i will be presented by students of the | Girlsg’ High School, among them being [ | Dorothy Duncombe, Evelyn Cavalli, ira = “ S | Mary Noe, Dagmar Gaines, Marion | Turner and Gwendolyn Powers. | —————————— | v rts | Names New Directors. A Food made of " of | The United Rallroads of San Fran- Wheatand Barley—espec- | cisco has filled a ocertificate in the of- ially selected for rebuilding fice of the County qork announcing tired Brain and Nerves. that it has increased' the number of fts directors from nine to eleven. - Who “THERE’S A REASON.” Read ““The Road to Wellville” in pkgs. GRAPE-NUTS. | the new directors are the certificate jdu- not say. | The song of sympathy never comes until jn.e singer has been to the school of sor- TOW. i | ists that will permit him te set aside | its actual unlawful exercise, | noon. | writ of habeas corpus before the Su- ELLINGHOUSE WILL UPHELD Court Decides the Testament Must Be Sustained on Strietly = Legal Grounds P S A SUGGESTION OFFER Coffey Intimates That the Son Osear Should Adjust! Case With His Relatives While strongly intimating that Oscar Ellinghouse, son of the iate Bertha Ellinghouse, 1s under morai obligation to divide the estate of the deceased with his brother and sister, Judge Coffey holds that no legal reason ex- Mrs. Ellinghouse’s will, in which Oscar was given practically her entire estate, valued at $30,000. A hunchback and suffering for many years from treme physical disabili Mrs. Ellinghouse died on February 14, 1903, from senility. For a year before her death, her physi- cian testiiled, he treated her for senility and it was while so under treatment that she executed the testament in question, it bearing the date of Scptem- ber 15, 1902. Mrs. Ellinghouse died in the home of her son Oscar. After her death her will was filed and in it she devised the bulk of her estate to Osear. To her daughter, Mrs. Emma Stone, and her son, Edward (himself an invalid and unable to work), both of whom lhad al- ways treated her with the utmost kind- ness and showered affection upon her, she devised $50 each. Mrs. Stone and Edward Ellinghouse filed a contest of the will, alleging unsoundness of mind and undue influence. , Judge Coffey, however, while holding that Mrs. El- linghouse mentally weak and that opportunity was afforded Oscar Elling- house to unduly influence her, says that proof that her mental condition incap- acitated her from making a legal will and proof that Oscar actually did un- duly influence her is lacking, with the result that he has denied the petition of the contestants that the will be re- fused admission to probate. In deny- ing the petition Judge Coffey says: As to unsoundness of mind the evidence that at the time of the testamentary transaction the testatrix was incompetent is insufficient to justify a, finding to that effect. The counsel contestant declares that the nature of the intrument vroclaims its falsity and he dwells with indignation upon the wicked character df the Instrument, which, he says, could not have sprung out of the heart guided by a sound The document itself does not demon- strate this theory. The definition of soundness of mind currently accepted by the courts is to be in full possession of one's mental faculties, free from delusion, and capable of rationally thinking, acting and detérmining for one's selr. So far as the language of the will is con- cerned it is couched in the highly artifcial style of lawyers, but If the idea expressed be that of the testatrix the fact that she has chosen to make an invidious dlscrimivation against certain of her children is not in itself enough to suggest mental incompetency or fm- port insanity. The will may be in its terms unjust, unreasonable and even cruel, but if it be the emanation of 4 sound mind ‘and if no apparent restraint or undue Influence ls proved to have induced its execution it must be sus- tained, Such is the law lald down by the Supreme Court. The finding of undue influence must be upon facts proved to the satistaction of the court. The law will not presume, from the mere fact that there was an opportunity or & motive for the exercise of undue influence, that it was exerted; mor does it presume that undue in- fluence was exercised because of the mental or physical condition of the testatrix; mnor be- cause uny one of the children was preferred to others and* practicelly excluded from uny bene- fit under the will. The undue unfluence must be vresent influence acting upon the mind of the testatrix at the time of making her will, and the exertion of the undue influence upon the very act must be proved. Even if it were established here that the respondent had great influence over the decedent 1t would not necessarily be unlawful or undue snd there would be no presumption of merely from the fact that it was®known to have existed, and that it had ménifestly operated on the mind of the testatrix as a reason for her testa- mentary disposition, In this class of cases the desire of thescourt it possible, to adjust amicably the matter out of court, and it has succeeded sometimes in accomplishing its amicable purpose. If'the court pad any influence over the parties to this litigation and it a word of judiclal admonition might avail, 1t would say: *The common- wealth is Interested that there be an end of contention. 1s, B — EAGLE GLOBE TROTTER NOW RESTING IN THIS CITY Sam Goldstein Will Continue on His Three Years’ Journey Next Sunday Afternoon. Sam Goldstein, a member of the New York aerfe of Eagles, will leave this city for Vancouver, B. C.,, next Sunday afternoon. From there he will sail for the Orient. He expects to tour the East on foot, and will go from there to South America and wind up his trip in the United States at the end of three and a half years. Goldstein walked here from Ari- zona several weeks ago, and since that time he has been laid up. He will be given a send-off by the local Fagles when he embarks next Sunday after- He 1s a buck-and-wing dancer, and expects to earn his living with that entertainment while making the circuit of the globe. ———— ‘Weber and Spencer Appeal. Captain Henry Weber and Chlef En- glineer James M. Spencer of the steamer Despatch are dissatisfled with the de- cision of Judge Cook upholding the child labor law and yesterday they surrendered themselves into custody. Their attorney at once applled for a preme Court, and pending the hearing of the argument the prisongrs were re- leased on bonds. They were arrested in connection with the death of the boy, James Mitchell, who lost his life during an explosion on the steamer while scaling the boilers th other boys. The case is still pending before | Polite Judge Shortall, ‘When you have an aversion to food it | is an indication that you should take Lash’'s Kidnez and Liver Bitters. * ACCUSED OF SHOPLIFTING.—Mrs. Mar- guerite Colburn, who resides with her husbana at 1087 Eteiner street, wac arrested yesterday afternoon by Detectives Riordan and Cody and charged with petty larceny. Mrs. Colburn en- tered the store of Weinstock, Lubin & Co, yesterday afternoon, it is alleged, and stole ::.oa:‘t'o ;:m '_::;:u:‘:a of no.hwxun detected in was held unt! - tectives arrived. oo . 4 - aking RUMFORD The_Wholesome £ — PURE AND HEALTHFUL. — ° MEN FAMED FOR HOMOR 10 LECTURR e FAMOUS ENGLISH HUMORIST WHO WILL BE HEARD AT THE Y. M. C A ¥ 4 Jerome and Loomis Will Entertain at Y. M. C A RS Sl Jerome K. Jerome, the greatest liv- ing English humorist, will speak at the Young Men's Christian Assoclation Auditorium to-morrow evening, Jan- uary 24. Jerome K. Jerome Is the man who did more than anybody else to show that there is a sense of hu- mor hidden in the make-up of the Eng- liskman. The author of “Three Men in a Boat” will be ailded and abetted in his conspiracy to make ‘the city laugh by Charles Battell Loomis, an up-to-date” American’ ~humorist who hails from Los Angeles. Jerome is as good at telling a funny story, it is sald, as he Is at writing one. If this is true his entertainment at the auditorium ought to be a quick remedy for acute melancholia. Those who have formed a liking for the au- thor of “The Idle Thoughts of An Idle Fellow” will not be disappointed when they meet him personally. The entertainment will be givea un- der the auspices of the Columbia Park Club. Jerome will also lecture at Ham- flton Auditorium, Oakland, on Janu- PERSONAL. Edgar L. Newhouse of New York is at the St. Francis. R. B. Higbee and wife of St. Louls are at the St. Francls. Dr. George H. Strowbridge of Port- land, Ore., is at the Occldental. R. C. A, Peterson, a stock and bond broker of Honolulu, is at the St. Fran- cis, W. 8. Laton, a prominent business man of Minneapolis, is at the St. Fran- cis. Dom J. Zan, a prominent business man of Portland, Ore., is at the Pal- ace, . F. B. Caldwell, a well-known min- ing man of San Dimas, Mexico, is at the St. Francis. Mr. and Mrs. F. W. Forman and Mrs. F. B. Forman of Minneapolis are at the St. Francis. Colonel Willlam F., Tucker, pay- master U. 8. A.. is at the Palace, on his way to the Philippines. C. BE. Durand and W. E. Yaggy, two prominent business men of Hutchinson, Kan., are at the St. Francis, Rev. G. M. Cutting of Salinas and his wite and Rev. James Simonds of Pa- cific Grove are at the Occldental. Mr. and Mrs. McCourt of Denver are at the St. Francls, on their way to the Orient, where they will remain for about six weeks. * W. F. Bond, a prominent member of the Goldfield Stock Exchange and owner of the Annie Laurfe property in Manhattan, is at the Palace. ———— Professor Stephens Lectures, The sixth lecture of Professor Morse Stephens’ course, dealing with the enlightened despotism of the eighteenth century in Burope, was ‘given last night at Golden Gate Hall. H. | The subject was “Despots and Their Ministers in Northern Europe,” and Professor Stephens dwelt upon the his- toric careers of Gustavus III of Sweden, Struensee and Bernstorff of Denmark and the Margrave Charles Frederick of Baden. FELRSGIGEE e HAS BURGLAR'S TOOLS ON HIM.—Hen Bohm was arrestéd vesterday for riding a (4 cycle on the sidewalk. At the police station a special detective star was found on his pos- session along with a burglars outft. ~Hfs character will be investigated. Powder - |TELLS OF MAN'S DUTY T0 MAN ! | Rev. William Rader Declares the Strong Are to Bear the Burdens of the Weak TALK OF AMALGAMATION SNSRI Congregational Body Hears Suggestion to Organize and Strengthen Churches The Rev. Willlam Rader addressed the Presbyterian ministers’ meeting, at 920 Sacramento street, yesterday morning, his subject being, ‘“The Message of Chris- tianity to the Modern World.” The duty of man to man, he said, was a message of Christianity; the strong are to bear the burdens-of the weak, the edu- cated teach the ignorant and the weaithy are to aid the poor. ‘Those of the pulpit, he said, must show their antagonism to sin and opposition to the worship of mammon. Whether the clergyman likes it or not, he must speak against sin in high places. Mr, Rader here described Watts’ picture of Mammon in one of the great London galleries, in which is'depicted voluptuous- ness, licentiousness and greed, a copy of which he considered ought to be hung in the halls of Congress and in the offices of certain life insurance companies. Mr. Rader said there were other men who were successful preachers besides those who occupled pulpits, and in {llus- tration described President ‘Roosevelt, with one hand on the guns of Russia and the other on those of Japan, saying, “Let us have peace.” President Roosevelt, he said, then loomed up as the greatest preacher of the age. The following officers were elected to serve for the ensuing six months: The Rev. Herbert E. Hays, president; the Rev. John R. Evans of the Welsh Pres- byterian Church, vice president; the Rev. J. M. McElhinney, secretary and treas- urer. 4 At the Congregational Ministers’ Union yesterday the matter of organizing into fewer and stronger churches was dis- cussed. It was even suggested that the time may come when Plymouth and the First Congregational churches will be- come one and the Third and Bethany will amalgamate. There were strong feelings both in favor and in opposition to any such movement. Professor T. F. Day of the San Fran- cisco Theological Seminary addressed the Methodist ministers’ meeting yesterday morning, taking for his theme “Biblical Theology: Its Idea, Method and More Im- mediate Relations.” The Rev.n’?-. G. Keith was elected to fill the position’ of secretary for the ensuing six months. Among the many present was Dr. Homer C. Stuntz, missionary from the Philippines, who bas returned home owing to severe indisposition. The Rev. Dr. J. M. Hoffman of In- dianapolis, representing the National Christian Woman's Board of Missions, is in the city investigating the desirability of instituting missionary work here un- der the auspices of his board. Dr. Hoff- man addressed the Christian Ministers’ Association yesterday on the subject, with the result that a meeting was called of the city evangélization board, together with the local representatives of the na- tional woman's organization, to be held at the Young Men's Christian .Association February 8. —_——— SAYS HIS HORSE WAS STOLEN.—Au Peru reported to_the police yesterday that his horse, valued at $100, had been stolen from his barn, at De Haro and Fifteenth streets, on Bunday night. He gave a description of the animal. Aperfect Remedy for Cons| Hon, Sour Smgach.Dhulz Worms Convulsions, Feverish- ness and LOSS OF SLEEP. Fae Simile S|gnnmrl of 7 ”)Dns)s—‘f',kx NIS D e e i taaisatin] For Infants and Children. The Kind You Have Always Bought In Use For Over Thirty Years GASTORIA AMUSEMENTS. msmm‘ SN FRARCISEOS LEADING THENVZS/ GRAND)ovs: [COLUMBIA =25 THIS WEEK ONLY—SAT. MATINEE. Yo N IN TOWN THE GREAT SWEDISH DIALECT COMEDY' POPULAR PRICES—25c, 5oc, 76¢. o N | ' THE “I've Got Inside Information.” YANKEE CONSUL With Harry Short, Vera Michelena and & BIG COMPANY. Next Sunday Matinee—WAY DOWN EAST. | cppwan THEATER—Next Sum. Night W BISHOR I LESSEE SMANAGER EVERY NIGHT THIS WEEK, Sunday. Matinees Thursday and Saturday. SPECIAL SEASON, NELLIE STEWART And Misgrove's Dramatic Company in SWEET NELL OF OLD DRURY A Superb_Production of a Beautiful Play, A Pertect Company of Players. Reserved Seats—$1 50, $1, S0c and 25c. Thursdey ‘Pop” Matinee—$1 to 2c. In¢luding Mrs. Fiske the great star, writes : o Mankattan Thealye, ew York, Sept. 23, 1905 Messrs. Ben. Levy & Co., Boston : Gentlemen—1It gives me great pleas- ure fo testify to the excellence a} your Lablacke Face Powder, whick has always seemed to me to be superior to any other preparation of the kind. Very truly yours, MINNIE MADi’ERNFISKE. We have thousands of letters of similar character from all over the world testifying to its efficacy. Lablache Face Powder is the greatest of all beautifiers. Be- ware of dangerous counterfeits or substitutes. The genuine bears the {signature of ‘“ Ben. Levy” in red across the label of the box. Flesh, White, Pink or Cream, 5Cc. abox. Sold everywhere, or by mail. BEN. LEVY & CO., French Perfumers 125 Kingston Street, Boston, Mass. Keep Your Liver working. It's a lazy organ and needs to be stimulated occasionally, or it shirks its function. That coat- ed tongue, sallow complexion, sick headache and pain under the shoul-~ er blade are caused by an indolent liver. Liven it up by taking a short course of Beecham's __Pills In boxes 10¢. and 25¢. » Always something new =at the— 'PALACE F HOTEL Belasco & Mayer, ALCAZA TO-NIGHT—MATS. SAT. AND SUN. CROWDED T0 THE DOORS. Becond Capacity Week of the Most Novel, Hu- morous and Picturesque Play That San The AdmirableCrichton A Fantasy by J. M. Barrie. ‘Wonderful Production—Perfect Cast. - DELIGHTFUL WHIMSICAL COMEDY! Eves,, 25c to T50; Mats. Sat., Sun., 25c to 50e. NEXT PLAY—The Jolly College Farce. A STRENUOUS LIFE (James Wobberts, Freshman), RICHARD WALTON TULLY. ALHAMBRA THEATER Corner of Eddy and Jones sts. Phone East 1§77 BELASCO & MAYER, Proprietors. TO-NIGHT AND ALL THIS WEEK. The Favorite Romantic Actor, § i HERSCHEL MAYALL Portraying the Strange Dual Characters in the Most Weird and Thrilling Story Ever Told. OR. JEKYLL AND MR. HYDE A Speclal Adaptation from Robert Louls Ste- venson's Famous Story of the Same Title. [0c to 50c;. Mats., 10c, 15c, 25c. of Mme. Calve at the Alhambra Theater on Thursday ev , Jan. 25, and Saturday Jan. , will be no performances of ‘Jekyll ances will be given as usual ALHAMBRA NEXT SATURDAY MAT., JANUARY 27. Direction Will L. Greenbaum. CALVE AND HER CONCERT COMPANY. SEATS 33, $1.50, Oa sale at Sherman, Clay & Co.'s. COMING—REISENAUER, Planist. JEROME K. JEROME |GAIETY GIRLS cmu'l'lw e Arthur Becker Lustsplel Ensefible i the Comeds, " “PpIE BERUHMTE FRAU® Unusually Strong Cast—Seats Now Ready. Next Monday—Henry W. Savage's Greatest Musfeal Success, . WOODLAND With HARRY BULGER. o TTVOL brouse GREAT COMIC OPERA TRIUMPH FOXY UILLER ONLY MATINEE SATURDAY. HEGINNING NEXT SUNDAY NIGHT Offenbach’s Sparkiing Comio Opers, THE BRIGANDS USUAL TIVOLI PRICES—2Jo, §0c, TSa 5--BIG NEW ACTS--5 Eight Allisonsy Les Brunin; Vernom Troupe; Estelle Wordette and Com- ml?-%m:-nn—.-. THE BEST YET! 25¢—MATINEE TO-DAY-—2%5¢ The Popular Eastern Burlesqaers | The “‘Alcazar Beautigs’ Co. “Pretty Girls and Lots of Them.” The Gevons, the Misscs' Sawtall and Semve Kelly and Bartlett, The Three Marvelous Keeley Bros. in Two Original Burlettas, “MAIDS, MIRTH AND MELODY> ACADEMY OF SCIENCES HALL Market st., between Fourth and Fifth. LECTURES ON CALIFORNIA Datly from 2 to 4 p. m. (except Sunday). BOTHWELL BROWNE’S “IN VACATION TIME,” HOST OF Amnc!‘“‘& A THD GASTORIA