The San Francisco Call. Newspaper, February 1, 1906, Page 4

THE SAN FRANCISCO CALL, THURSDAY, FEBRUARY 1, 1906. ATTORNEYS IN WAR OF ROADS ATTORNEYS WAR HOLD A TRUCE ON WATERS. in dispute on the Oakland side of the bay. \"it}t results at times humorous. AMICABLY INSPECT Dl Judoe the Scene of Struggle. Jurist Seems Loved of Both Parties. 1/m row Views | Well| |ud~r Morrow, with the rfpresentahves of the Sou(hem Pacific and of the Westem Pacific railroads, inspected yesterday the teritory The atforneys of each company tried to show the situation to the jurist as each sees it, ———} i+ }‘ r EVALLE | MG ENERNEY J/DCE i CGARBER attorneys fic; and there were Garbs for the there were a George of the . FORMING POOL was more t vy the pleasing scene that took J Morrow arrived < the fir: s wa himself im- friends _{ing an- was ADVERTISEMENTS, THE VALUE OF CHARCOAL. Few People Xnow How Useful It Is in Preserving Heulth and Beauty. eve know: body present breath after ea or clears 1ly tic disinfects the poison 1l d sell charcoal her, but probably d the most for rt's Charcoal Lozen- wposed of the finest | v_charcoal, and other | the charcoal ;reath And purer is, that ian ‘in _speaking arcoal says: “I ad: mouth efited by daily a patent preparation, lieve 1 get Stuart’s C1 of the ordina arconl Lozenge: ry charcoal tablets.” that cbar- | lance. nd carrf after odorous vegetables. and im- whitens the ts as a natural and | rious gases which | h and bowels; h and throat from in one ptics in tablet form or | form of large, pleasant | being e lozenges will improved condition better complex- blooa, no possib, their continued . great benefit. e complex- and 7 'sls0 believe the liver is Ereat- the hough in some yet I be- ore and better charcoal in than inany Dot | HOTEL ST. FRANGIS Sunday Evening Table d'Hote. e Will be served in the white and £0ld room every Sunday Evenmg st 6:30 o'clock. £2.50 per plate, Huber's Orchestra Reservations may be made with the Maitre d’Hotel - T0 TAKE ROAD been taken in this formation of a pool the California-street urged to deposit their shares is of $255 a share. That this an offer for the road has regarded as certain by although it is vigorously de- iders that there has been any ise them to ente Whatever is going on is kept cret as sible. It is rumored that the United is after the California-street i that seme of the money to be om the increase of the capital the United Railroads from $10,- 000,000 to $25,00 the pool. may 2 meeting in Jersey City yesterday a ion of the be expended for the California treet properti res of Califor mber but 10,000. street Railroad The company corporation. Its lines are so that the stockholders get dividends. This situation results 1 making the sale of any of the stock open board a rare occurrence. There reported board sales of the this city in December. Yester- asking price on the local stock was $250 a share, which is $5 less | @ share than the price offered for pool- The road is bonded for $300,000. On |a basis of $255 a share the stock would | by $2,550,000. | — announced Moore proudly. ‘Oh, that's where you get off and walk, isn't it?” asked McEnerney. This was llusion to one of the afdavits pre- by Moore, in which the affiant t it was his customary hy- ‘exercise to walk upon the flats end of the training wall clear land, and ’\doore disdained to DIFFER AS TO LOW TIDE. The party landed upon the training wall, Moore ostentatiously holding up his hands and hiding behind Judge Mor- row as if in awe of the armed guards, who, at the sight of the visitors, had taken on attitudes of picturesque vigi- An excursion was taken along the wall to the bulkhead line. The tide was . low. but seemed to the taste of neither party. The Western Pacific con- tingent was inclined to call it an extreme and exaggerated low tide: Moore thought it a little bit of an gld tide and with a wide sweep of the arm that took in Goat Island, indicated where a self-respecting low tide really.receded. The party then re-embarked and visited the Southern Paecific lands at the Per- |alta slip. There Judge Morrow was | n(-arl)’ run down by a switch engine, but was most gallantly saved by everybody. | From there the inspection was contin- ued along the Western Pacific lands and | ended at the Broadway wharf, from { which point a train was taken back to the city. The perils of travel on land | and sea had tired every one by this time, | and Judge Morrow kindly announced that the adjournment of the hearing would | be lengthened to the next morning. The parting was affectionate almost as {that of seminary girls at graduation. | But to-day they’ll be fighting again. — | MILx sampLES sHOW BIG INCREASE IN BACTERIA City Chemist Files Report That Some Milk Does Not Come Up to | Requirements. City Chemist Gibbs.yesterday filed a report on his analyses of fifty-five sam- ples of milk. The bacteriological ex- aminations show that the number of bacterial colonles has sensibly in- creased since the last report, due to the fact that the dry atmosphere has caused considerable dust to arise which is precipitated in the milk. In many cases the limit of 500,000 permitted by | the Health Department has been nearly reached and In several instances that limit was found to be exceeded. A sample from G. C. Hardesty showed 3.1 per cent butter fat, or one-tenth . less than the ordinance requires. There were 660,000 colonies to the cubic cen= timeter in this sample. A sample from Martin & Co. contalned streptococci and | pus cells; one from Berg & Co. had a | few red blood cells; a sample from F. Schwartzenbach had streptococel and | one from J. Nessum had 660,000 colon- !fes. Of the fifty-five samples analyzed nine were taken from restaurants and on these no reports were made in jus- tice to the proprietors, as the samples were improperly taken. | —_——————— | Santa Fe Sued for Damages. { A damage suit for $287 42 was nled {In the "United States District Court yesterday by the owners of the gaso- line schooner Topo. It is alieged the s;mTa Fe steamer San Pablo ran into the Topo on February §, 19047and dam- aged her to that extent. 2 | > b JURIDICAL* PARTY THAT . VIS- ITED THE SCENE OF THE RAIL- ' ROAD WAR YESTERDAY. SIY BCELOW SPIRE TRULY ‘Among the passengers who & arrived vesterday on the City of Peking were some from Panama, whose stories of conéitions on the isthmus afe more in harmony with the Poultney Bigelow view than with the Taft picture. According to these people the higher officlais on the isthmus are living i comfort. Their homes, bullt on the healthies: sites, arc equipped with the best of sanitary ar-, rangements. The best that the world’s market affords finds its way to their tables and there are enough of the high and comfoitables to make the soclal sid: of life varied and pleasant. Tor the men that are doing the work, Lowever, inadequate provision is said to Lave been made. In certain parts of the isthmus’ the model cottages {n which Sec- retary Taft takes such pride do actually exist, but in other parts the shacks de- scribed by Poultney Bigelow still furnisia the sole shelter for a majon'y ot the laborers. Sanitary conditions are lmpmvlng. say these latest arrivals from Panama, and the provisions made for taking care of the sick in the commission's hospitals could not be better. But it is on the food question that most complaint is heard. The high officials whe have their own cooks have no complaint to make™ The young engineers, mechanics, clerks and others fillilng modest positions and keeping bachelors’ hall are dependent for thelr food upon public eating-houses, where charges are exorbitant and where the quality of food Is most unsatistac- tory. Alexander R. Nicoll, a New York banker, spent a week on the isthmus. He sald yesterday that unless the building | of the canal is taken out of politics it will not be finished for fifty years. Mrs. Marion E. Keeler, a New York woman who has been traveling in Bu- rope, devoted the week she spent on the isthmus to investigating the condition of the laborers. “They are ill-housed and poorly fed,”} " she sald yesterday, ‘“‘most of the food served them is unfit to eat, and while there are some good houses many of the men’s quarters are unfit for human habi- tation. Mr. Roosevelt should go and see for himself and then I think there would be a big change.” J. R. Miller, who is in the canal com- mission service, says conditions arg im- proving, although the isthmus is yet far from being a health resort. Miller says the commission has the fifiest lot of ma- chinery ever gathered in one place for any purpose and when the work really begins it should fairly hum. ————————— The Use of Tipo Chiantt Of the 1tallan-Swiss Colony does more the cause of temperance than an {g: u::pen.nce mhzfl- combined. * UER 70 A I ASSISTANT Colonel Willlam H. Heuer, United States engineer in charge of the rivers and harbors of Northern California, will soon have an assistant in the person of Captain Charles. H. McKinstry, corps of engineers, who will take charge of the < | works for the defense of San Franeisco Bay. Since the railroad war has broken out on the other side of the bay Colonel Hcuer has discovered that his office force is too small to keep tab on the railroads and at the same time devote the time necessary for the many other matters piaced under his supervision. Captain McKinstry is at present in charge of the fcrtifications, river and harbor work at Los, Angeles. The officers at the Presidio gave another of their pleasant hops In the hop room last evening, to which many invitations were extended. Lieutenant Gilbert M. Allén, Nine- teenth Infantry, has been granted per- missicn on account of bad eyes to re- main over for the transport salling on February 15, at which time he will joln his regiment in the Philippines. The transport Buford reached Naga- saki . yesterday on her homeward trip, having on board elght troops of the Sec- ond Cavalry. Corral No..3 of the Military Order of the Carabao ‘nitiated seven new membexs at its last regular meeting. The Corral will give its annual banquet at the Oecci- dental Hotel on February 3. All those eligible to become members are invited to attend. The 'army transport Meade, which safls for Manila to-day, will carry the following passengers besides the Second Infantry and the Eighth and Thirteenth batteries of field artillery: Colonel ¥. W Mlnlfl X nl:hlé’mllmt Oolonnl dlu‘h(efl lllior E H, Browne and wlte' Major W. H. Cotfin, wife and mother-in-law, Mrs. Mansfield; Captain John Conklin; Captain G. C. Saftarans, wife and child; Captain John T. Martin, Captain P, E, Marquart and wife, Captain H. J. Price, Chaj A. A. Pruden and wite, Captain C. 8. Lincoln and wite; Captain, _Robert McCleave, wm- -nd’ child; Captain H. S. Wygant, Captain A. J. Harrls, Captain J."E. Beil and’ wite, uaumunt M Cullisan; Liegtenant G.W, Barber wife and Lieutenant D. Chamberiin, Lieu- t K. D. Mitchell and wife, Lileutenant P. J. Lauber; Licutenant W. H. Burt, wife and child; Lieutenant J, C. Kay and_ wife, Lieutenant F. P. Jackson, Lieutenant W. G. Ball; Lieutenant A. J. Booth, wife and thres clldren; Tiontenast J. L. Cralg, Lieutenant James F. Barnes, Licutenant H. G. Stahl, Lieutenant W. G. Peace and wife, Lieutenant W 4y Loushlin, Licutgnagt W. H. Brerton and wife, Lieutenant G. m. n and Wl(l. Lieutenant H. Lieut W, Moseley Lieutenant William 'Bryden, Lieut Gnane 3 A um\ndrew, Lieutenant G. H., Wright and wife, Lieutenant L. Gruber, Lieutenant B. R. Campbell, Lieutenant G. 8. Caffery, Lieu- tenant A. W. Gullion gnd wife, Lieutenant Basil G. Moon; G. F. ‘Dickenson, wife and child; Contract ‘Surgeon Albert H. Eber, m-. E. Williams and child, Miss Stre. genste B, Roe, Wallace Roe, Miss C!m- berlin, Mrs. J. S, Payton and two children, Mrs. W. G, Garie, Mrs. John T. John E, Stitzer, Mrs, R. W. O.wen Salmon, Mrs. Peter Convery, Mre; Rich: ard Lunsford, William T, Haftey, Mrs. Seifert, Mrs. Reeves. D CARRRESRPA f s o ST In the Divorce Court. Decrees of divorce were granted yes- terday to E. H. from et Paney for intemperance; Mary J. from Albert C. Potter for failure to provide; Mig- non from Louis Butler for cruelty; Charlotte from James K. Polk for will- ful neglect; Alvelda from M. Kuren for extreme cruelty; Elizabeth N. from Jo- seph Leibly for willful neglect, and 8. trom Albertine N. Grifith for desertion. Suits for divorce were filed by Minnie L. against Willlam E. Hig- gins for fallure to provide. DY OF SON.—Fred nledn mmymmlu(w hml ‘dh. ufiufl ears. ml-hm‘“l' "'".'.‘:’.-r.mx""' e he his '.Fn fulness ,of opposing counsel INDAWIS CASE PN e Oscar Sutro and T. €. Van Ness Clash and Accusations of Falsehood Are Made D]SP UTED TERRITOR Y [KINSIEY LEAVES s1AND New York Expert Makes Reec- ord in Litigation, Being Cross-Examined Nine Days ‘War has broken out in the Samuel Davis will contest and from now to the finish it promises to lend sufficlent ex- citement to at least keep the jury awake. For several weeks half of the jurors have been enjoying the rest cure, dozing peace- fully, lulled by the droning of handwrit- ing experts, but yesterday just at noon they all sat up with a start prepared to enjoy what promised to develop into a combat of fists. Handwriting expert W. H. Kinsley of New York was on the stand driving home his points in favor of the codicil in question. He pointed out what he sald were unquestionable evidences of the genuineness of the codicll to Davis' will, ‘which is in question, when Attorney T. C. Van Ness for the contestants lost his temper and said that “he thought the faking of the witness had gone about far enough; that the witness was simply ar- guing, not demonstrating.” In an instant Attorney Oscar Sutro, who has been conducting the examina- tion of Kinsley on behalf of the propo- nents, was on his feet and to the great astonishment of Van Ness said: “I move that the remark of opposing counsel be stricken from the record. It is insulting and unprofessional, and when he says that this witness is faking Mr. Van Ness knows that he is giving utter- ance to a deliberate falsehood.” Now falsehood is synonymous with lie and it was too much for Van Ness to stand, so back he came with: “When my youthful opponent says that I have ut- tered a falsehood he utters a falsehood himself. He cannot rely upon his youth- ful brawn to further his own ends.” EXCITEMENT PLEASES JURY. “Mr: Van Ness should be compelled to cease his methods,” answered Sutro an- grily, “and if the court cannot control hims I will. His constant references to my youth are tiresome. However, I wish to say that if I ever become so old and weak that I have to rely on the youth- instead of upon the facts and the law to Impress the jury with my learning I will admit that my days of usefulness have ended.” Van Ness, ltvid with anger,. sprang to his feet, but the order of Judge Kerrigan that counsel cease thelr quarrel was obeyed. An adjournment was then taken and the jury hurried out to lunch, over- Joyed at the prospect of exciting times to_come. Expert Kinsley completed his testimony in the case yesterday, having been on the witness stand for nineteen days, nine days under cross-examination, making another record for this remarkable case. This is the longest cross-examination a hand- writing expert has ever been subjected to and exceeds by five days Mr. Kinsley’s record in the Molineux murder case in New York." KINSLEY’S CONTENTIONS. Mr. Kinsley presented the case from the handwriting standpoint for the pro- ponents, contending that the codicil is a genuine writing of the late Samuel Davis. He took up the criticism of the contest- ants’ experts one by one, and showed that every peculiarity pointed out by the contestants was a characteristic found in the handwriting of Mr. Davis, and some of these characteristics were so pe- culiar and so marked that he claimed no forger would be so idiotlc as to incor- porate them in a forged document be- cause they would attract atfention to it. Some other characteristics were so in- frequent, so inconspicuous, and so elusive that in the opinion of the expert they would not have been observed by any or- dinary forger, their significance would have been lost upon him, and he would not have had the skill to have imitated them successfully. He divided the char- acteristics into thestrongly marked and obvious ones, and the inconsplcuous and elusive kind. He found both of these classes of characteristics in the hand- writing of Samuel Davis and also in the codicil. In addition to.this he accounted for every stroke in the codicil and pointed to the standard writings of Mr. Davis, where the same pecullarities were found. Mr. Kinsley stated that hendwriting experts, in the examination of disputed writings, considered, among others, eight things; alignment, movement, .speed, pressure and tremor, form, proportions, spacing and slant. He pointed out that the experts for the contestants had omitted some of these tests in their com- parison, notably alignment and propor- tion, which furnish the strongest evi- dences of genuineness of the codicil. ARGUE FOR GENUINENESS. Among the things pointed out by Mr. Kinsley as being in the handwriting of Mr. Davis and being duplicated in the codicil—all of which argued for the gen- uineness of the codicil—are four different styles of the capital J. two styles of the capital F, three styles of the capital B, two styles of the capital E, four styles of the small e, two styles of the small & two styles of the small ], two styles of the small r, lnd several styles of small t, etc. In his concluding statemeént Mr. Kins- ley picked out forty from among the large number of characteristics in the codicll that are also found in the hand- writing of Mr. Davis and harnessed ‘When buying an infant’s food, every mother wants a food that will not only’ tide over present troubles, but give results. You ‘want a food Ihnvmleod.‘foodlhn '-m-‘mhlbym strong, with rosy umu«gguy. Sead for & ree sspls for your baby. s MELLIN'S FOOD CO., BOSTON, Mass, umn , Notses i Ears The Gonnecticut Mutual LIFE INSURANCE COMPANY Y HARTFORD. PURELY MUTUAL. ASSETS. Loans upon Real Estate, first ifen. !23 76[ M&l Bonds, at cost. Stocks, at cost. ANNUAL DIVIDENDS CONDITION JAN. 1, 1908. —_— LIABILITIES Amount required to insure all out- standing Policins, net, C. pany’s s tandard, bigher lP'.\n that required by any State......$59,841,368.00 Liability om account of lapsed Dolicies not surrendered....... 136,911.00 State of New York, Cumptmuerl Policy Clalms i process of Ad- justment ..... Premiums pald in advance. hf::.::\c:;:-"d forkia- &gfifl‘ Dividends credited and left with LS Tatts' Gaaiaind Sooraed. 2:._,83‘3, the Company at Interest.. 1.436,309.50 Market value of Stocks mq Bonds Real Estate contingent deprec: s c:"l;'; tion account.. 500,000.00 g e Surpius to Polley-hoiders. . 4,897,847.21 . Total Assets. Tota! Liabilities. 1905. THE YEAR’S BUSINESS SHOWS:— S An Increase in Cash Income, An Increas: in Assets, An increas: in An Increase in An Increase in Numlnr of Policies in Force on Surplus te Policy-Holders, lasurance Written, Insurance in Force, paid for basis, 71,307, Insuring $169,412,783.00. SINCE ORGANIZATION. Received from policy-holders Paid to policy-holders JOHN M. TAYLOR, President. HERBERT H. WHITE, Secretary. Excess returned over amount received. ... . $238,241,239.24 . $240,738,252.78 $2,497,023.49 HENRY S. ROBINSON, Vice-President. DANIEL H WELLS, Actuary. ALAN MURRAY, General Agent, 330 Mills Building Active Agents Wanted. Salary and Commission. these together in pairs to make up a FILES STATEMENT OF ITS forty-horse team of Davis characteris- RECEIPTS AND EXPENSES tics. These included many of the points mentioned here, also the mechanical ar- rangement, margins, date line and the significantly peculiar spelling of “‘Chis” for Chris in the name Chris Rels and “Francesca”; peculiarities, and also forms of letters in combinations. When all were harnessed up he questioned the ability of any forger-driver to guide them along the mountain road of the cod- icil even if he had'the patience, ability and discernment required to get them out of the corral and into harness. Kinsley was followed by Charies A. ‘Warren, the well-known contractor, who engaged In business deals with Davis for many years. Mr. Warren sald that in his opinion the codicil was genuine and showed all of the characteristics of the admittedly genuine handwritings of the deceased. ————————— Carlotta Crabtree Is Sued. Carlotta Crabtree, the famous ac- tress of early days, was joined yester- day as defendant with John Flournoy in an action instituted by nie S. Fretwell to restrain execution of a judgment recovered by the defendants agalnst the plaintift in April of 1902. The judgment is for $19.055 10, a total of prindipal and interest. At the time the suit wa¥ filed it was alleged that the plaintiff borrowed $16,000 from the defendants, and Attorney Edgar M. Wilson, representing Annie S. Fret- well, belleving that she had borrowed the sum in question, inadvertently per- mitted judgment to be entered against her, she being out of the city at the time and no papers having been served upon her. Mrs. Fretwell now says that ehe did not borrow the money and asks that execution of the judgment be per- San Francisco Gas and Electric Com- pany Pald $792,421 68 in Divie dends During 1905. The San Francisco Gas and Electrie Company yesterday flled a statement with the Board of Supervisors showing that the revenue of the company dur- ing the year 1905 agsregated $4,857,- 463 19 from all sources and the cost of operation was $3,677,7% 13, leaving a net profit of $979,678 06, out of which divi- dends amounting to $792,421 68 were paid, leaving a surplus of $157,256 38 for the year. The original cost of the plant is placed at $23,338,856 73 and the present value of the plant is estimated at $26,342,105 79. The capital stock ougs standing is $15,794,284 35, the bonds outstanding amount to $9,813.000 and the net amount of the floating debt is $237,400 28. The light and power plant belonging to Mrs. Virginla Vanderbilt took in $4297 35 in 1905 and the expenses ag- gregated $8588 32. Mrs. Vanderbilit's light and power plant at Pacific and Front streets cost 33,003 33 to operate Front streets cost 38003 33 te ‘operate $5305 91. The total revenue of the San Fran- cisco Gas and Coke Company in 1395 was $29,521 156 and the expenditures were $56,55164. The cost of the plant was $4,667,959 56, the capital stock out- standing is $4,255,500, the bonds out- standing $766,000 and the floating debt $56,980 08. —_—————— NAMES NEW CLERKS.—County Clerk Mulcrevy has appointed James Crichton to be clerk of Judge Coffey's department of the Superior Court, to succeed J. Boyle, who has been named secretary to the Mayor, has also named the following copyists. rick H. Coyle, James 1. Nolan, Harry edict and Harry Jomes. Bither of These Two Handsome Electric Both styles are new des! chain pull sockets and ring You may have either shade gnl. finished In old brass; ade holders, with four-inch fringe. llustrated or choice of two other h..ndA the: have some designs. Standard length of cord and Edison attachment plug egular price 3$7.50. Special for a few days, $5.00. $1.25 Gas Portables for $1.15. with each. These have ornamental black base, with brass Argand Burners that do not require mantel plete with 6 or 8 feet of tubing, $1.15 instea illar, Standard and white shades. Com- of $1.765. THE Ove rl and Limitec R!verandChfi%lNew anfietand Elzctrichghtcd O CHICAG Viathe Chicago, Union Pacific & North-Western Line. Over the only double-tn:krall'ay between the Missouri Car, Dlmng-Cr Meals a la Carte, Booklovers Library, ala At Somdsoy, SRS EL S The Best of Em L T Se ottt In Less Than Three Days. Pullman, Room for Dt':n'm‘.imou m“d ies’ Parlor Observation u&vh‘t and steamship