The San Francisco Call. Newspaper, February 8, 1906, Page 16

THE SAN FRANCISCO CALL, THUR AY, FEBRUARY 8, 1906 For Brea kfast Luncheon or Tea A few small biscuits easily made with Royal Baking Pow der. Make them small —as small round as a napkin ring, Mix and bake just before the meal. Serve hot. Nothing better than these little hot for a light dessert biscuits with "butter and honey, marmalade or jam. You must use Royal Baking Powder to get them right. ROYAL BAKING POWDER CO., NEW YORK UPERVISORS JURIST DENIES ARE AT OUTS Boxton and Gallagher Clash Over Committee’s Power to Complete Crocker School i n were a feature at ng of the joint com- e and Utilities of the | nen the request that $5000 r the comple- Grammar The | up a| nion be- nd Box- the com- | commit- r. The ot pre- rs express- s to what | which 1 Director t of the asked Hut d for Honda ¥ be allowed « wi Box and I don't think w pleasure of the i thus delay the e nsfer or | said Box- “You want to < Com- whole s A the Utllities de better take | wa e chair,” said Gal- | e the assurance | be allowed from | is a matter for Personally I will t straight along. ymebody else a | get | replied Gal- difficulties the func- committee should be Supervisor Nicholas ding Committee should erection of schools Finance Committee the transfer of a fund,” | ashin suggested that | | i yes object. I don’t have to ave a stone wall fall on me to tum- ble Boxton. “Mr. Gallagher even says Utilities Committee has no right the He goes further than the last Finance Committee, which did not assume that ive point the assurancé was the Board of Education that d be allowed to use $5000 to | i | | { i eal estate for schools. | i { | ; | | { and ccunty | the Judge promptly fE 1S BISED Motion of Attorney George D. Collins for« Transfer of Perjury Case Refused e The motion of Attorney George D. Col- lins that the case charging him with per jury be transferred from Department 11 to another department of the Superior Court of this city and county was denied by Judge A. G. Burnett of Sonoma Coun- ty, sitting in Judge Lawlor's court, terday, and the case was continued till this morning for trial the Supreme Court for a writ apply t of prohibition. When the case was called at 1:30 o’clock yesterday afternoon Collins offered a pre: liminary objection that the motion could not be heard by Judge Burnett, as he had no jurisdicticn, and it must be heard by a Judge of the Superlor Court of th The objection was overru it, wh Collins then read his affidavit, a was published in yesterday's Call, and | lly made the motion that the ferred to anothder departmenr. fMdavits were read by Judge i District At- on. Judge Burnett denled the tions that his appointment was de- signed to deprive the defendant o his rig’ or that he would not have a fair and impartial trial, or that the Judge formed an opinion ad to the In- nocence of the defendant. Judge Lawlor also denied Collins’ allegations, and sald th unaware of the fact that the rela between him and the defendant were unfriendly or that he always or at all cherished or entertained toward the defendant & strong or personal antago- sm or hatred. He denied that the de- fendant would not have a fair and impar- trial before Judge Burnctt. District tiat Attorney Langdon recited the facts from the records regarding Collins' different cases. Collins filed an affidavit in reply, and denfed the motion, remarking that he had no blas or preju- dice againsi the defendant and would give him as fair and impartial a trial as any other Judge in the State. He had asked the Governor to relieve him from presiding at the trial, but the Governor had declined. It was not a case that any Judge would wish to try. He continued the case till this morning for trial. —_———————— The Pyrography Fad. Tankards, tabourettes, stools, smoker's ta- | bles, music stands, chairs, etc., artistically designed and ready to burn. The largest line We imported a big lot. Instruo- in the city Sanborn, Vall & tions_and catalogue free. Co., 741 Market st ‘Webster mes His Dutles. Reginald H. Webster yesterday as- sumed his duties as Deputy Superin- tendent of Schools, to which place he was appointed by Superintendent Ron- covieri. The two officlals held a long consultation relative to plans for the improvement of the schools. It was agreed that it would be a wise course to have short methods taught in arith- metic and to depart from the stereo- typed method now in vogue. Other plans were outlined for what will im- prove the course of study and they will be carried out to a successful issue. —_————————— Superior printing can come only from the shop that has that habit. Knowles Co., 24 Second st® 4- complete the work on the Crocker School, which will now be vigorously pushed =0 it can be used by March 1. SALE OF BANKRUPT STOCK OF HE The Biggest Bargains That Ever Your Eyes Beheld Quality—It suffices to say & Co. and other leading tailors. $15.00 S cheviots 20.00 Suits—A large variety of black and blue Serges uits—Fancy Worsteds, Heller & Co.’s stock of cloth- was made by Hart, Schaffner & Marx, Alfred Benjamin Cassimeres, plain and fancy e kD Overcoats and Cravenettes at. Special Reductions $17.50 $9.88% | $11.65 | Cravenettes $20.00 Cravenette: $20.00 Overcoats. . $25.00 Overcoats $14.35 Heller & Co, 's-Young Men’s and Children’s Syits Young Men’s Suits. Ages 14 to 20. Regular $10.00 cheviots .....} Regular $12.50 cheviots Regular Thibets value, mixed mixed $13.50 black value, ...88.45 Knee Pants, 75¢ value Best $3.00 Hat, now....$1.85 | Colored Shirts, soft bosom; Derby Ribbed Underwear; soc value. Children’s Two-Piece Suits. Ages 8 to 15. Biue and Mixtures, reduced from $3.00 to ..81.85 Scotch Tweeds, reduced from $4.00 to .... Homespuns, reduced from $s5.00 ....35¢ . Ha Hat, now.... Men’s Furnishing Goods Dept. Everything Reduced 33 1-3 per cent. Best $3.50 $2.15 Reduced to. Reduced to. 38¢ .20¢ 75¢ value. SUMMERFIELD & ROMAN, CORNER MARKET AND FIFTH STREETS yes- | Collins will now | ity | | | all NEWLY MADE WIDOWER PLACES HIS FAITH IN WOMAN'S WORD' ~ AND NOW ALLEGES BETRAYAL To Save Storage Fees He Lends Her His Furniture. Also Gives Her Keep- ing of Late Wife’s Treasures. Avers That She Failed to Return Goods He Valued. —— BY JAMES C. CRAWFORD. Mrs. Stella Tutsert of 530 Walnut avenue, a plump and pretty little per- son, will endeavor to convince Police Judge Cabaniss that all the household furniture and feminine apparel which Joseph M. Benham accuses her of hav- ing embezzled as bailee were given to her outright by that gentleman. stoutly avers, however, that he never said nor did anything from which she could reasonably draw inference that be was a philanthropist; and his testi- o mony certainly did not belie that aver- ment. Mr. Benham, who is an insurance agent, became a widower last July and found himself the sole occupant of a home containing about $600 worth of furniture and his deceased wife’s per- sonal effects. While trying to decide whether it would be better to sell the goods than to store them, he became acquainted with Mrs. Tutsert, who manifested sympathy for him in his bereavement and released him from di- lemma by offering to keep the proper- ty in her home, and thus save for him the cost of its storage, until such time as he might find renewed use for it. Her proposal was gratefully accepted. Soon afterward he went to Reno, and while there he received notifica- tion from Mrs. Tutsert that she was pecuniarily straitened, her husband having failed to send her remittances from Colorado and she being unable to make both ends meet unless she were helped by some one. Mr. Benham in- vited her to Reno, sent her $20 to pay fare and instructed her to place his goods in storage. When she arrived at Reno he handed to her a bundle of mining shares and told her she would get 50 per cent of the money she could obtain for them. But the demand for that partic- ular stock was not active, and she soon returned to San Francisco. When he came to San Francisco he did not let her know his whereabouts until he had visited the storage ware- house and ascertained that some of the most valuable articles he had intrusted to her keeping were not deposited there. So he sent a request that she meet him at Talt's cafe and explafn. He was dining when she joined him, and it is not on record that he invited her to break bread with him. “The idea,” she sald, '0f you being in town and not ringing me up.” “Why should I ring you up,” he re- sponded, “when I had nothing to ring you up about?” Then he taxed her with having be- trayed his trust in the matter of the furniture, and she uttered this retort: “Don’t you try to hand it to me. It has been handed to me so often of late that I will not stand for it any more. So don't you try to hand it to me.” What she meant by “handing it to her,” Mr. Benham informed the court, he did not know. The outcome of that interview was an agreement to have another meeting In a Market-street candy store the following day, nor is it on record that candy was purchased by him on that occasion. So unsatis- factory did he find her explanation of his furniture’s disappearance that he filed complaint against her, charging embezzlement as ballee. “Didn’t she get away with some of your deceased wife's clothing also?” his attorney asked. “Yes; she kept after me to give some blue satin dress goods fx’n:llh;: last, to relieve myself of her importu- nities, I told her to do as she liked with it.” He & i not to Jose i '502% Third street, and stolen therefrom The accusation that she had taken an opera cloak was warmly combated, but the allegation that the hat she then wore in court was among the effects left by the late Mrs. Benham went unchallenged. Mr. Benham will be cross-sxamined to- morrow. He testified with the alr of & man who was world-weary. €7 i Charles M. Irwin, an engineer at Golde Gate Park, gathered up a lot of olde‘l:rdu: and sold it for $19, and now he is accused of petty larceny before Judge Mogan. His defense is that he considered the stuff among his legitimate perquisites. The case will be heard next Wednesday. . e Private Washington G. Mitchell, an_ in- fantryman, discharged a revolver 'on Baker street, near the Presiuio main gate- way, about 2 o'clock yesterday morning, ;:ui Special Policeman s.cCue arrested £y - The soldier pleaded that he purchased the pistol to accompany him to the Phil- ippines, and was exhibiting its mechanism to some of his comrades when it was'ac- cldentally discharged. g “Your prudence in augmenting the armament with which Uncle Sam has provided you is questionable,” said Judge Cabaniss, “but your plea suffices to jus- tify me in ordering your dismissal.”” Dl S 2 When he borrowed a diamond ring feam o friend of “e o jeweler. A Martin, w o claims (@ le & ca1iasser 1or afternov. yui sroudly .- hibited the gem to Miss Lela Bagby of Stockton, and such pleasure did e e anks v DE PLEE nE DOTED ON DIAMINDS b = =l she evidently derive from merely 8az- her plead- ing at it that he yielded to ing for permission to wear it over night. “Besides,” she urged, “I want show it to marma, who just loves to look at diamonds.” : So he slipped it on one of her fingers with adjuration that she Dbe careful saying it had cost him the pretty penuy of $135. . “My, how wealthy you must be! she said, as she rewarded his confl- dence with—well, they were sweet- hearts. That was thc last time Mr. Martin saw the ring. To say he was horrified when Miss Bagby told him it was lost would be Inadequate description of his feelings. “Lost?" he shrieked. “How? Where?” “Mamma just fell in love with it 1 told you she would,” was the sweetly delivered reply, “and she wore it while she was doing some washing and it slipped off her finger and she must have thrown it out with the suds and we've borh searched high and low for it but it cannot be found and where it has gone to I'm sure is more than I can imagine.” Business necessitated Mr. Martin's return to San Francisco, and from here he wrote Miss Bagby a letter which might be interpreted as a hint that her explanation of the disaster did not quite satisfy him. The communication says, among other things: I don’t want to get pinched over a dashed diamond ring, and I will be dashed if I will to pay $135 for a blanked ring llke that. It seems as if I am hardly out of hot water be- fore 1 become drenched again, but this is through no fault of mine, Outside of your mother and yourself no one has seen the ring to prove the value of it. So even in court, if he said it was worth $500 or $5000, his word would go. ‘As soon as you get this, wire me at once if you have found it vet or not, as I asked you %o look for it vesterday because 1 was afrald this party would think I was trying to hand him the hooks for the ring. ) Tell your mother to look for it, and I will glve her $25, or give it to You to give to her, if_she finds It. Before 1 wouid pay this party the $135 1 would dle in jall a-rotting. Now, my darling sweetheart, as soon as this reaches your hands, wire me at once and tell u have got it and I will send you the But she did not' téll Him she had found it, and that is how she came to be accused of grand larceny before Judge Cabaniss, who continued the hearing till to-day. Mr. Martin and Miss Bagby had been friends about fifteen months when the incident of the ring led to severance of their mutual esteem. She s a pretty giri, and he would never be se- lected to pose for the men's fashion page of a Sunday supplement. DR Among the men who have posed as prizering pets and neglected to become property owners is one “Charlie” Turner (colored), a brother of the still popular “Rufe” of that profession. Once upon a time, and not so long ago, either, “Char- lie” Turner's name was potent as a drager of gate money, but after he had been whipped several times he lost both magnetism and self-respect and went to the slume. That was how he camé to be accused of vagrancy before Judge Ca- baniss. “Do you want to plead guilty or put this court to the bother of proving you guilty?” his Honor asked Mr. Turner. “Ise guilty, all right,”” was the answer. “And what reward.do you expect for re- lieving us of the trouble I referred to?” “Ah specks yo'll gimme ’'bout twenty- fo' hours, sah.” “You ascended in my esteem when you pleaded guilty,” said the Judge, “‘but you returned to the low level when you sug- gested such an inadequate penalty as twenty-four hours’ imprisonment. If you had not pleaded guilty I would have given you six months, but as you have pleaded guilty I'll cut that term fairly in the mid- dle and sentence you to one of the halves.” “Much ‘bliged fo’ de cut,” said Mr. Turner. DR That the nocturnal and surreptitious “1ifting’? of domestic fowl is not exclu- sively an Ethjoplan pastime was exempli- fied when a tall and ungainly young white man, booked as James -.oach, stood ac- cused before Judge Shortall of having burglarized Moses Mai's henhouse, at two live chickens, which were produced in court as evidence. But the defense asked for and was granted a continuance till Friday, so the details of the case were reserved till then for public ven- tilation. . . —_————————— REPORT ON DAMAGE DONE - OFFICERS’ EFFECTS FILED Committee Finds Losscs In Meade Fire Are Much Smaller Than First Supposed. The . committee appointed by the Army Mutual Aid Assoclation to in- vestigate the damage done to officers’ effects during the fire on board the transport Meade made its report yes- terday. It is shown that only eleven members sustained loss by the fire, and the total is estimated at $3877. These figures ~are much smaller than the Yoard expected to find, and the mem- bers ‘are inclined to believe now that the full damage suffered by all the of- ficers - will not reach -$15,000. Dental Surgecon John S. Marshall, now at the (ieneral Hospital, Presidio, has, been ordered to Honolulu for duty at Camp McKinley. Captiin George B. Pond, Twentieth Infantry, has been ordered,to the Pre- sidio,of Monterey for duty pending the arrival of his regiment. —_——————————— Dr. McKanna's treatment for the liquor habit cures alcoholism permanently, 14 Geary,® —————————— Carmenecita Men Fined. W. J. Wood, W. J. Woodside and S. E. R. de Smidt, who were convicted in the United States.District Court last week of having conspired to send the Mexican schooner Carmencita on a seal poaching expedition in the Bering Sea, paid their fines of $500 each yvesterday. ———————— Murine Eye’Remedy—An Eye Food. Soothes and Quickly Cures Alling Eyes, * { WEASURE CONET “BYNEW NETHOD Scientists at University of California Devise an Im- proved Plan for Work L PPN TO SCIENTISTS e Intricate Problem of Astron- omy Declared to Be Solved for First Time BOON BERKELEY, Feb. 7.—An improvement in the method employed by astronomers | to determine the orbit of a comst has been perfected by the astronomical de- partment of the University of California, Professor O. A. Leuschner and Dr. Craw- ford having been specially interested in the achlevement. The first practical method of determin- ing the path of a new comet was de- scribed by Olbers in a publication issued | in 1797. The solution of the probiem | ylelds a parabolic orbit. Astronomers say | that less than one-half of the comets dis- | covered during the last fifty years satisfy | this condition. In the case of the others, | which move in more or less elongated | elipses (and rarely in hyperbolas, differ- | ing but slightly from parabolas), Olber’s | method permits of approximate prediction | cf the path of a comet for at least a few | days after discovery. The university authorities have issued the following account of the discovery of Professor Leuschner and his coworkers with regard to methods for measuring the orbits of new comets: When on the first day of the last century the first minor pianet, which was named Ceres, | was discovered, the need was felt of a method | for determining the path of a body moving under the attraction of the sun without pre- vious assumption regarding the shape of the | orbit—for the orbits of the minor planets or asteroids are nearly circular. Such a general method was furnishell by the famous mathe- matician and astronomer Gauss, who succesded by calculation in locating Ceres, which soon after discovery had become lost to sight. The methods of Olbers and Gauss, with such modifications as were Introduced in the course of the last century, have been used hitherto by astronomers the world over to the practical exclusion of all other attempts in determining the paths of newly discovered asteroids or comets The Berkeley astronomical department of the University of California, through Pro- fessor Leuschner and his coworkers, prin- clpally Dr. Crawford, has lately succeeded in making a slight contribution to this subject by deriving a general method of determining an orbit from the necessary number of three ob- servations, which would give accurate results in every case with less expenditure of time than has been possible hitherto. The imme- diate cause of the derivation -of the new metkod, which has been called -the short method, was the failure of the olde? methods to produce a satisfactory orbit from the lim- ited number of observations available for an asteroid discovered with the Crossley reflector by Director Keeler of the Lick Observatory shortly before his death. A paper on the sub- ject was published by the university a little over two years ago and since then the method has been extensively used in Berkeley. In the course of the last vear it has been improved to such an extent that it has yielded surprisingly accurate results for all recent comets, which number four since April of last | year. In the case of the first of these, dis- covered in April by Giacobini at Nice, France, Dr. Crawford and Mr. Maddrill of the Lick Observatory were able to announce the periodic character of the orbit on the basis of the short method applied to the unusually ac- curate observations from the Lick Observatory weeks in advance of the completion of the more elaborate calculations by European as- tronomers. 1In the case of the last comet dls- covered by Brooks In Geneva, N. Y., January 26, Dr. Crawford and Mr. Champreux’ com- Dleted the solution in five hours. The dls- covery during the past year or more by Perrine of the Liek Observatory and W. H. Pickering of the Harvard College observatory of new satellites of Jupiter and Saturn have led to a very important extension of the short method, which makes it possible to determine the orbit of a satellite from ordinary observa- tions much in the same way as the orbits of comets and asteroids, even If the satellite is strongly attracted by other bodies besides the central body. The known methods of de- termining the orbits of satellites, even if not otherwise attracted, are laborlous and lack in the desirable accuracy, often involving some- what arbitrary assumptions. The problem of deriving directly from ordinary observations the elements of the orbit of a small body moving under the attraction of more than one body is now solved for the first time. Tt should mnot, however, be confused with the famous problem of n bodles which still awaits solution. The first application of Professor Leuschrer's analytical method of determining the orbits of new satellites has been made with great success by Dr. Crawford and Mr. Champreux on the seventh satellite of Jupiter, which s etrongly attracted by the sun. The results of these investigations were sub- mitted by Professor Leuschner in December of Jast vear to the Astronomical and Astrophysical Soclety of America at it New York meeting and will be published this spring in volume VIL, publications of the Lick Observatory. —————————— CAFE FIESTA THE NEW NAME FOR TAIT'S CAFE Manager H. W. Lake announces that Tait's Cafe will henceforth be known as Cafe Fiesta. To give San Francisco the vcry‘pes! Mr. Lake has engaged one of the Kast’s premier caterers, whose name will be announced on his arrival. By special request, the concert “Italian Compositions” will be rendered Thurs- day evening, February Sth, by Bernat Jaulus and his famous orchestra of twelve soloists. The programme is an- nounced in the display advertisement of Cafe Fiesta, on page 4 of this issue.® —_— ————— Eppinger Cases Continued. The cases of Herman, Jacob and Josua Eppinger and James Demings, indicted for obtaining money by false pretenses, were called in Judge Law- lor's court yesterday, the case of Josua having been set for trial. The cases were continued till this morning, but another continuance will probably be ordered, as the trial of Chillion Bowen is not yet concluded. The case against Josua is in connection with the $24,000 loaned by the San Francisco Savings Union on receipts for.wheat. It is al- leged that the firm took up the old re- ceipts and gave new ones on wheat that had no existence. —_—e————— Dabovich Sentenced. Michael Dabovich went to jall yester- day for thirty days and will earn in that time $300, the amount of the fine imposed upon him by United States District Judge de Haven. Dabovich had pleaded guilty to an indictment charging him with having mailed an obscene letter addressed to Miss Minnie Tamm, with whom, he was Infatuated. Dabovich admitted having mailed the offensive letter, but added that he must have been mentally de- ranged at the tim % — e A tiny, chocolate coated tonic laxa- tive tablet, that gives JIGOR and health to the STOMACH, LIVER and BOWELS, thereby curing— 8ick Headaches Bili Sallow Complexion Tor;:xd. nl:l‘v.er Dyspepsia Jaundice Indigestion Heartburn Loss of Appetite Pimples Sour Stomach Dizziness Nausea Foul Breath Take only one “VIGORET” at bed- time and they will move the bowels gently, yet thoroughly each day and permanently cure— P CHRONIC CONSTIPATION They cool, clcanse and blood 'l.nfl are sold :{ all n"né';':»fm‘?; 26e pack: (50 tablets) and 10c trial (15 lets). Never sold in bulk. | ceedings before Judge Morrow, Attor- Skirts—Value Triumph Auxiliary to the Triumphs in White that are making such stirring selling at Hale’s now. ical Skirts of Panama (a typi spring skirting)y of fancy mix- tures, of gray homespun. (Fashion's avowed favorite.) Circular skirts. of them just here the past month. Yet Skirts In the late flounced and pleated effects. ...\r[&ny Skirts Worth $6.75 Now $3.95 That'’s the way we take of making stocks catch up with thg (Did you ever see a more beautiful spring than we're having this weather. Feb- ruary?) You've seldom seen such skirt values before. Panamas, Cheviot, Home- - Panamas, Gray Mixtures, At $2.95 Fanamag, Che e "Bhacs, A1 53.05 Cheviots. Black, ~ Gray, Browns, Grays. Exceptional values. Blue, Brown. Different styles. Fancy Mixtures, Pana- At $5.00 mas.” Homespuns, Gray Skirtings and some remarkably pret- ty circular skirts that were $6.75. Think skirts. Think Hale’s to-day. White Shirts for Boys at 25c¢ Unlaundered. Made of good muslin, with 3-ply linen bosom. All sizes, 12 to 14. A limited number. So don’t wait. 25¢. Go-Carts $4 25 First 1906 new go-carts in their new home, fourth floor. Some of the best news we printed: Reclining folding go-carts, with reed dash, back and foot attach- ments; separate; green enameled gear with springs; rubber-tired tin wheels. Hairdressing YA ‘new section. Mezzanine floor annex. Sanitary appliances. Every con- venience. Expert operators. Sham- pooing. Manicuring. Silk Gloves 42c Over a thousand pairs. 2-clasp, double tipped, made especially for Hale’s. Gray, Tan, Mode, Black, White. 50c values 42¢, Marked “Hale's Special™ to prove our faith in them. 5 Sizes 5 to 81 in black, 5 to 7% in colors. White Sheets Size 81xgo, 50¢. Size 72x90, 44¢. Good muslin. Bedspreads, 60e: _For values. Sin- gle-bed size. $1.10 for double-bed size. 36-inch White Muslin, 6% cx R Hrown Mushin, Se: 1e of the values that are bring- ing big us as small crowds to Floor Annex we to-day. Other savings important, too. New Cottons Are blossoming into greater beauty every day. Some like silk, some like wool. Surpris- ingly pretty. See them, main floor annex, including: Arnold’s Dimity, 15e: Duinty color- ings and patterns A nice wash fabric; ome sure to be a favorite 15e yard. Arnold’s Taffeta, 1Je: Looks like and washes well. 13e ilk; wears yard. Organdie, 10e yard: Pretty light grounds, with dainty figures. Wal it go at 10e yard. Carpet Ends 20c That means bargains, and hurry. 200 pieces ingrain carpet ends. Yard square. Goo rug size. ——— (O0LD LAWYERS STILL ARCUNG Attorney Vaile of Western Pacific Makes Exhaustive] Attack on Aceretion Law | The doctrine of accretion, by which the Southern Pacific claims to own most of the land which the Western Pacific occupied by Its sudden strategic move on January 5, is recelving some | hard blows these days. Tuesday, in the arguments in the injunction pro- ney Cutcheon of the Gould line showed that there had been mo accretions to the tide lines. Yesterday J. F. Vaile, following him, argued that the law of accretions had no effect in California, so that the Western Pacific attorneys have now proved, to their own satisfac- | tion, at least, that the Southern Pacific has no right to the accretions which do not exist. The tearing up of the acgretion doe- trine occupied Vaile several hours, and | was a remarkable bit of exhaustive and | profound argumentation. | In presenta- | tion, however, Vaile has not the grace | and gift of expression of his partner, | Cutcheon. His sentences are somewhat involved, he shouted to the Judge as if he were a multitude, and at times even shook at him two fists, happily | too well padded to be menacing. In the morning,*before Vaile began, Cutcheon finished his opening argu- ment. He attadked the Southern Pa- cific claim of access to deep water. He declared that the right of access that went with the Southern Pacific lands was to the south and not to the west. He based this upon the moving by the Southern Pacific of the training wall from its first position across the south- ern boundary of its lands to the pres- ent position to the west. By this act, he claimed, the Southern Pacific had of itself shut off its right to access on the west. Cutcheon finished his argument with a poetic flight, In which he pictured California in the throes of a desperate struggle for Pacific commerce, with the Gould line rushing chivalrously and unselfishly to its aid. “Already,” he shouted, “we are grading our right of | way through the deserts of Utah. It won't be long before you hear the whistles of our locomotives upon the Feather River. And it won't be lon gentlemen,” he continued, turning toward the Southern Pacific attorneys, “it %flu make us enemies instead of friends, before we pluck your traffic between our fingers from Oroville to the sea. It won't be long before we lead our iron stallions to drink upon the water front of the city of Oak- land.” “Which is very fine, except that stal- lions, even If of iron, do not drink salt ‘water, murmured John Garber, emerging a moment from the study of cases in which, throughout the proceed- ings, he loses himself. —_————————— Involuntary Bankrupt. Creditors of Willlam Thompson, a merchant of Fruitvale, flled a petition in the United States District Court yesterday to have him declared an in- oluntary insolvent. They allege that ;-owumunn $1000, and that on January 22 of this year, while insol- vent, he permitted judgment to be tak- en against him in a Justice’s court for 350 and costs. BURGLAR RECEIVES SENTENCE.—Fred Allen, who was convicted In Judge Cook's court on a charge of burglary, was sentenced yesterday to serve two and a half years in San Quentin. He entered the residence of B. B. Kimball, 3027 Sacramento street, on August 13. Another charge of burglary against him wag placed on the reserve calendar. L. NEWMAN, President and Manager 39 STOCKTON ST.. NEAR MARKET TELEPHONE MAIN 5323, THURSDAY, FRIJAY AND SATURDAY SPECIALS Royal Baking Powder, 1-Ib. T - Reg. 45c and 25¢. "Absolutely pure. Fine Creamery Butter, 2-1b. sq. . 15-Ib. square ................4% Reg. 65c and o New creamery this wk California Ranch Ezzs. per dos..25¢ The very best quality, strictly fresh. Breakfast Cocoa, per tin .......30c Reg. 25c. Ghirardelll's and Lowney's. Crystallized_Ginger, per Ib Reg. 20c. Delicious Orfental o Tomato Catsup, larze bottle. .. .. Ree. Too. Sotder's, Heims sad Sive Laper Crosse & Blackwell's Plekles— Lo-pts. pts. . 2ve Y 2Ze 3se n. Special . Regular 4 D 2Be 10e Toe Onions, Gherkins, Chow Chow, Mixed Plecaltil, Walnuts. French Sardines, per tin. . 10¢ Reg. 1ic. Packed In finest olfve oil, Eastern Sugar-Cured Hams, 1b. 14%¢ I‘nq. 18c. Ideal brand, nome better. meea Olive Oil, qt. bot. 50c: pats 30¢ ‘Rew.60c and 33c. Mtaiian, Fuaranteed purs Mixed Nuts, per 1b. . 13 Reg, 20c. Best grade obtainable. Cal Prunes, per . -G Reg. 10c. Exceptionally good value. Nabisco Wafers, I t Reg. 30c. large tin. Z4e Lemon, Vanilla, Chocolate. Ground Black Pepper, per tin....10¢ Reg. 13c. The Argonaut brand: pure: full weieht Pearline, large size pkx.. 3 for Reg. 10c pkg. A great labor saver. Extra 0. K. Bourbon, bot. 75¢; zal 83 Reg. $1 and $4. A whisky of known quality. 0Old Raven Rye, full at. bot. . 90c Reg. $1.25. Connofsseurs appreciate this brand. - Blackberry Brandy. per bot Reg. 85c. Unequaled for medl Guinness’ Dublin Stout, doz. bot. ‘Why pay $2.13 elsewhere? A nutritious liquid food for invalids. Reg. T5c. Ideal dinner es. Vintage Years.. e Berteling Way of Fitt Glasses has Decn the v teteed Bt We: Sclentific men have admitted public has indorsed it. to you. Open Saturday Eveniags. it—the Let us prove it