The San Francisco Call. Newspaper, February 21, 1906, Page 16

16 THE SAN FRANCISCO CALL, WED VESDAY, FEBRUARY 21, 1906. SIYS THE JURY WAS INFLUENCED Public SCHOOLER MUST MAKE DEFENSE Under Instructions of Judge|Attorney - Declares Murasky Charges Will Be| Opinion Caused Convic- Filed Against Attorney| tion of Amador Uxoricide BENSON XNOT INVOLVED : STAPLES CASE HEARD Court Announces That His|Doctor Who Poisoned Wife Order Conecerns Investiga-| to Take Neighbor’s Spouse tion of but One Lawyer| Appeals, for a New Trial | Superior M. Hoef i The case of Dr. F. Staples, the | young physician of Amador County, who has been convicted and sentenced e August 31, 1804, wa the Supreme Court yesterday morning and t n under advisement. The Dis- trict Attorney of Amador County did not argue before the court and allowed se to be submitted. Attorney Mc- ed that in opinion Staples victed more from the force of nion that from the weight of Ge w pu evide The case of Willlam H. Bone against | the Ophir Silver Mining Company was argued at 1 and finally submitted. | Bone was fe plosion at t stock mine in 1900, ded damages amounting in the lower court. The de- cision s afterward reversed and the present appeal is for a rehearing. Mateo County was submitted without There was a lively argu-® he Mendocino case of Kimball Kee, a suit for the value of bark and timber alleged to have trom the r n of survey it was found that one line, alleged to have been the | starting line, was really at some point in the Pacific Ocean. The case was finally submitted. ¢ The Supreme Court will listen to the e case of Adolph Weber this morning. ! - | Weber is the Auburn youth who has b4 been convicted of murdering his entire i family and then burned them in the b | firlng of his home immediately after. » 1 “and | ng has gone out | way to re- | be had forjonly § at Herman fie | Lesser's, 1057 Market op. Jones, * ir e e i ne | CONTRACTOR BYROX S flltam E t Byron, contract n “rancisco. y in the leg He owes $1350 q ing solvent credits. M —————————— ce Burnett’s Extract of Vanilla pre- . pared from selected Vanilla Beans, warranted.® + e ed hypnotic influ- hie d that Bab- to = cock ilifully false and S for the sole purpose of injuring me reputation of the attorney that thr dared to espouse her cause in a & = cc of justice. f . e Murasky then postponed the presence, € case for argument next Friday. The The el of the scandal will be written in v sme a nt of the Bar Association € ed S harges to be preferred against who t th ooler der instructions of the t In previous advertisements we have discussed the Wave Motor and Iis Operation This space will be devoted to the company’s stock and its possibilities. Quite a considerable number of those who have not given the matter due consideration have said to us within the last two weeks, “Your motor is all right, but your territory of usefulness is restricted to seashore cities.” But that is not at 2ll true. Our territory is restricted only by the distance beyond ~which the transmission of power by electricity fails to be eco- nomical. The Bav Counties Power Company is now supplying power in 8an Francisco, the trans-bay cities and San Jose over wires a distance of about 200 miles—the longest power transmission in the world. But it cannot be said that this distance approaches the limit of economical transmission. However, THIS DEMONSTRATED RESULT assures for us the production of power in unlimited quantity for all cities within 200 miles of the seashores of the world. STUDY THE MAP OF THE WORLD AND SEE WHAT THIS MEANS. Another thing—in offering this Wave Motor stock for sale WE ARE NOT ARGUING ON PROSPECTS of the success- ful operation of the motor. We present the incontrovertible argument of facts. EVERY DAY. IT WORKS IN ANY AND EVERY KIND OF WEATHER. It is doing all that we claim for it and all that is desired of it—PRODUCING STEADY, RELIABLE POWER AT A MINIMUM OF COST. If you are of middle age, within your lifetime you shall see the Starr Wave Motors supplying electric power at every city of any size within reaching distance of all the seashore. This Parent Company will receive one-half of the net revenues from every power company in operation. Get the reliable published statistics and total the horse- power used in San Francisco, Los Angeles, Galveston, New Or- leans, Mobile, Atlanta, Baltimore, Philadelphia, New York and | Boston—only these ten cities—you will find the total runs into the millions. 1,000,000 horsepower at $25.00 per horsepower means a gross revenue of $25,000,000 per annum. Deducting the cost of operation, one half of the residue represents the por- tion of the Parent Company. As a matter of fact the resultant revenues are well nigh beyond computation, overshadowing the great reve- nues of the telephone and telegraph. IT IS THEREFORE SOMETHING OF MOMENT TO BE EVEN A SMALL SHAREHOLDER IN THE PARENT COMPANY. Stock is for sale at One Dollar per share—no more, no less—until the present small allotment is sold, when no more | to hang for the murder of his wife on | concluded before | y injured in an ex- | The case of Frank S. Knowles t the Crocker Estate Company egal entry on his land in San | pondent's land. | | interrogator | Mogan’s promise, that he would sign the | WARRANT AND Has Been in Getting Assa BY JAMES Among the innovations that mark a new regime in the office of the Bond and War- rant Clerk at the Hall of Justice is one that virtually usurps the primary function of the Police Magistrates—that of hearing complaints and thereby deciding whether orders of arrest shall or shall not issue. The recently inducted incumbent of the | office has taken unto himself this very important task—which, by the way, is conferred by the charter on the Judges— and during his absence any of his subor- dinates who may be on duty is apparently under Instruction to exercise his own dis- cretion in the matter of granting or refus- ing an application for a warrant. This extraordinary mode of procedure was demonstrated when two |_women known in cheap. vaudeville as the | ["Griffin sisters, Emma and Mabel, sought | | i | to have one “Billy” Pratt, a Mason street saloon-keeper, arrested on their charge of battery. They unfolded their complaint to Deputy Clerk George M. Kelly, sable- whiskered and very voluble, who informed | them that the best he could do would be to request the accused to appear before i him and opine whether or not a warrant should issue. And to show that he could do that much Kelly wrote a politely worded note to Mr. Pratt and gave it to the women to | deliver, despite their assertion that they wer® afraid they might be battered again if they confronted him. Then they were told that if they did not desire to convey the message they might entrust its deliv- ery to the policeman on the beat. When a bystander questioned Mr. Kel- ly’s authority to act as he did the ex- planation was given that Judge Shortall had been asked to issue the desired war- rant, but had declined to do so on the ground that Mr, Pratt was one of his per- sonal friends and that he could not try the case without prejudice. ““Then,” “why don't you advise the women to lay their case before one of the other Judges?"” Mr. Kelly sald a great deal in reply without giving logical answer te the ques- tion, and he was still talking when the went and obtained Judge warrant. When this was stated to Mr. Kelly he declared that he would not frame the warrant unless he recelved Judge Mo- gan's written order to do so. Instead of going back to Judge Mogan, however, the busybody escorted the wom- en to Judge Cabaniss, who heard their story and ipstantly signed an order that the warrant be issued. But when the trio returned with the order it was the chief of the office, Instead of Mr. Kelly, who took it and after considerable delay com- plied with it. | “By what right,” Mr. Kelly was asked, “does this office undertake to decide whether a warrant shall be issued?"” “We do it,” replied Mr. Kelly, “‘to re- lieve the Judges from the trouble of hear- ing applications for warrants.” “But it is the prescribed duty of the Judges to experience the trouble you al- lude to, isn’t t?" “Well, we have made a ruie and we are sticking to it,” said Mr. Kelly. “We don’t issue a warrant for misdemeanor until we have given the accused opportunity to tell us his or her side of the story.” “Thereby you constitute this office a tribunal and usurp the work of the Police Judges, don't you?”’ “We have made the rule and we're sticking to it,”” replied Mr. Kelly. Thus it has come to pass that charges of misdemeanor are tried and declded by the Warrant Clerk or any of his depu- ties instead of by a magistrate duly au- thorized by the charter to perform that duty. The Grifin sisters are evidently al ters in stageland only, for Emma’ countenance is several degrees duskier than that of Mabel, whose hair is slightly “kinked” and deeply dyed a beautiful antique gold hue. They claim to have delighted large and cultured audiences in almost every city and town of considerable note on the Pacific Coast and that they are always head- lined on the bills as “Character Change Artists and Entrancing Vocalists.” They were en route from a theater to their joint abode night before last when a masculine admirer of their art invited them to partake of liquid refreshments in Mr. Pratt’s saloon, and their accept- ance of the invitation led to the al- leged battery by Mr. Pratt, who ap- parently drew the color line in his treatment of patrons. Mabel displays a lacerated lip and alleged that it was caused by Mr Pratt striking her with: a wine glass as he forcibly ejected her and Emma from his refectory. . . Edward Kennedy, accused of having robbed Willlam H. Cdombs of $15 while the twain were engaged in fistic combat one recent night in a Third-street sa- loon, was triumphantly vindicated by Mr. Coombs, who apparently did not know when or how he lost the money, if he Jost It at all. In dismissing the charge against Mr. Kennedy the Judge took occasion to roundly reprimand Mr. Coombs for his reckless arraignment of the defendant’ character. . e e Mrs. Brigid Smith of 207 Eighth _street was disturbed by a commotion at the side entrance to her domicile in Sun- will be offered at any price by the company. There is not much left. Wave Power and Electric Co. MUTUAL BANK BUILDING 708 MARKET STREET RoOMS 604-605 shine court at a late hour Monday night and when she investigated and found Sam Daisley vociferously reciting ten- der appeals to a young woman, both being seated upon the doorstep, she commanded them to depart. The lady obeyed the mandate, but Mr. Dalsley's response was a blow upon Mrs. Smith's chest that felled her. She screamed “po-leece!” and he fled up Eighth street. Patrolman King heard the cry and -of a masculine colored | | said the meddler to Mr. Kelly, Judge Mogan’s sharp examination of | BOND CLERK USURPS FUNCTION OF JUDGES Rgfuses to Issue Order of Arrest Until Accused Consulted. Two Colored Women Experience Difficulty ilant Into Court. C. CRAWFORD. = form, to which he gave chase. In a gar- den the capture of Mr. Daisley was effect- ed. He was lying under a rose bush and seemingly asleep when the officer nabbed him. Attired in an emerald-green sweater, Mr. Daisley appeared before Judge Con- lan and declared that he was not Mrs. Smith's assailant, but had stepped into the garden to tie one of his shoestrings and while doing so fell asleep, he having been deprived of slumber the previous night. “Tut, tut,” said the Judge. “I accept as a personal affront your evident belief that I would attach credulity to such a trans- parent falsehood as you have just con- structed. You are guilty of battery, as charged, and your flimsy tale will not inure to your advantage when I sentence you tomorrow." Mrs. Smith identified the green sweater. s e e As he reclines upon a hospital cot and nurses several ‘knife wounds, Adolf Whitney doubtless wishes'that his pen- chant for practical joking would heal apace with his physical Injuries, for ft was indiscreet indulgence of the former that brought upon him the latter. Having spent a very agreeable even- ing in . Frank Feustel's saloon, 436 Fourth street, Mr. | to his host’s preliminary symptoms of closing shop and betook himself to the street, where his ever-active {ngenuity | in the making of mischief conceived a prank to be played at the expense of Mr. Fuestel. “Id~vill be der gread choke,” solllo- quized Mr. Whitney, as he concealed himself in an adjacent alley to await the exit of the intended butt of his humor. | No sooner had he uttered the words than out went the lights in the saloon and a moment later Mr. Feustel, key in hand, emerged and proceeded to lock the door. Then sprang Mr. Whitney from hiding and rushed upon Mr. Feu- stel, exclaiming: “Pud opp der hends alretty yed!” of them, grasping a knife, immediately came down again and burled = the weapon in a shoulder of Mr. Whitney, | who yelled in pain and affright: | “Don’d shteb no more!"” | But the vallaht Mr. Feustel continued | +* - | to' ply his weapon until he ascertained whom he was cutting, and by that time Mr. Whitney was more than fit for a hospital, though, fortunately, none of | his wounds were necessarily fatal. As soon as the surgeons pronounce Mr. Whitney fit for court Judge Mogan will examine Mr. Feustel on the charge of assault to commit murder. . e Soon after his marriage to Miss Rinaldo of 429 Green street, S. Satrino went to his father-in-law and requested him to imme- diately frame a last will and testament bequeathing his entire earthly possessions to him,”the penalty of non-compliance with the request being instant death. “For since taking your daughter as my wife,” added Signor Satrino, “I have as- certained that my current expenditures are more than double what they were prior to the wedding, and in addition to making me your sole heir you must supply me with quite a sum of ready money." “Go to,” was Signor Rinalde’s intrepid sponse, “‘and work for your wife’'s main- enance.” Signor Satrino at once proceeded to In- flict the fatal glternative waich he had threatened, but Signor Rinaldo was first to land and blackened his son-in-law's eyes and knocked him out. Judge Cabaniss very promptly dismissed the battery charge aginst Signor SBatrino filed against Signor Rinaldo. . e e 1 The Croops, Eva and August, were given six months aplece by Judge Mogan for having battered Mrs. Josle Berenstein's head with the Fren€h heel of Mrs. Croop's right shoe, which had been deliberately doffed for that purpose. The Croops were boarding with Mrs. Berenstein at 11 Victor place, and the heel taps were administered in rebuke of her Tequest that they vacate their apart- ment, thelr drunkenness and brawling having made their further tenancy unde- sirable. ¢« s . ‘Walter Willlams hurled a large punch bowl with intent to Injure a bgrt:nder. but so faulty was his alm that the mis- sile struck the cranjum of Nick Kellet Wwho filed complaint of battery, and Judge Shortall fined Mr. Williams a sum of $20. —————— Guardian Is Appointed. Presiding Judge Graham has appoint- ed Edward Mills as guardian of the es- tate of Mary Conway, an aged incom- petent. Petition for lettérs of guardian- ship was filed by Mrs. Conway's son, Henry, but upon her assertion that he wag morally deficlent his petition was dented and Mills named in his place. ————— Boarding Houses aud Hotels Can be furnished with good plotures for a . song during the 0dd lot picture sale at job lot prices. Thousands of good subjects to choose from—all framed—trom 10c to §6 each. San- born, Vail & Co., 741 Market strest. . ——————— VALUE OF WATER PLANT.—The Ba; | Shore Water Company yesterday flled wil ion ot o, Saiomen ghoripe Jpar the s plant ls $02.907, of w! $28,027 is the value of a concrete reservoir, & capacity of 500,000 gallons. Work is being done on a tunnel and a second reservoir in block 54 of the Rels Tract Is yet to be turned over to the company. —————— r. John C. Newton has removed his offices to the St. Paul bldg, 293 Geary. * DISCUSS CHINESE ngau!!ou.—m‘ Chew, managh tor the Chinese paper of thie o 'flwm dmvg an ad- TO Poon daily ————————— Colton gus for palnless extraction Whitney responded | Up went Mr. Feustel's hands, but one | COLLINS MAKES USUAL DENLS ments When on Witness Stand in His Own Behalf SAYS PRIEST “ERRED” Gi;es Back With Equal Snap Questions of Relentless Counsel for the People George D. Collins was his pwn main witness In his trial for perjury before Judge Burnett of Santa Rosa, sitting in Judge Lawlor's court yesterday. The ‘woman whom the records and the sworn testimony of many witnesses declare to be his wife, Charlotta Newman Collins, was not present. The defendant, in- scrutable puzzle to his brethren of the profession and a study to all who have followed his case, swore again that Char- lotta was not his wifte, that he had never been wecued to her and that in fact the woman he married at the time Charlotta is said to have become his wife was Agnes ‘M. Newman, now in her grave, from which subpena cannot call her. ‘With all the keen alertness that has been his ally from the start, but with a more worn look than he has shown here- tofore and with his hair perhaps a trifle grayer than when he first returned from | | Chicago and declared Clarice McCuiy his wife, Collins made his same cold, al- most fanatical, onslaught under cross- examination on all that had been ad- vanced to prove, his marriage with Char- lotta Newman. As before, this man de- nied the truth of the sworn words of the witnesses who had seen the ceremony, | of the gray haired priest who had per- formed It and signed and flled the mar- riage certificate, of the records in black and white of the city and county of | San Francisco, some of them bearing de- | fendant’s own signature. Further than | this he denied what was shown him as the officfal record of his own sworn testi- mony at Victoria. If at any time there was one shade of | tremor in his veice it was while he was telling court and cpunsel and jury and the sea of intent, mystified listeners out- side the rail that the holy man of the church had given tongue to missstate- ments. His volce seemed to lose the tinge of acrimony that it bore when other wit- nesees and records of the prosecution | were being denounced and more softly he | Baid that Father Connolly was “in error.” Collins responded to the swift, accurate questioning of Hiram Johnson,~who, with District Attorney Langdon, represented the people, in just as quick, snappy man- ner, but he showed some desire to equivo- cate and argue, which was promptly sup- pressed. He denied that he had obtained | the marriage license from Clerk Dan- forth, or that he had given him any de- tails concerning the parties who were to wed, and then denied the Victoria record that he had said under oath there, “I told Mr. Danforth I was to marry Agnes Newman.” Danforth's testimony that he had taken the oath before him was a mistake, he said. Neither he nor Agnes looked at the license from the time it was obtained up to the time Father Connolly took it. If Father Con- nolly had testified that he had asked for and been handed the document by Col- | lins before the marriage he had wrred. | He gave the ring to Agnes, not to Char- | lotta Newman. When ti.2 error of the | names was discovered he made no effort | to rectify matters, because it could only | be done by a sult In equity, and as there had been a valid marriage it was not a matter 'of deep concern to him; and dur- | ing all this the close packed crowd of | spectators almost gasped incredulity, but there was wothing in the witness’ man- I ner or tone to say he told aught but truth. He speaks almost as an autom- | aton. Henry W. Bradley and Willlam Koehler were called to testify that Agnes had been known as Collins” wife, but objection to their testimony was sustained and the cade went over until this morning, when similar witnesses will be called by the defense, ADVERTISEMBNTS. DISHGURING - SKIN HUMOR Impossible to Get Employment, as ace and Body Were Covered With ltching Sores — Scratched Till Flesh Was Raw—Spent Hun- dreds of Dollars on Doctors and Hospitals and Grew Worse CURED BY CUTICURA IN FIVE WEEKS i —_— “Since the year 1894 I have been troubled with a very bad case of eczema which I have spent hundreds of dollars tocure, and I wen to the hospital, but they failed to _gure n:tem‘and it Wwas ge ‘worse all the time. Five ‘weeks ago my wife t a box of Cuticura Oint- ment and one cake of Cuticura Soap, and I am pleased tosay that I am now completely and well. “It was impossible for me to get enJ)luymen',, as my face, head, and body 'é::t covered wimmu. Th eczema- peared on the top -of ,my head, md.pn. had worke :llpthn way around down the back of fhy neck ©O’Connor, Moffatt & Co. N roideries ||’ New Embroid | A very extensive and complete line of our Spring importation of Fine Em- broideries is now on sale. They include Cambric, Nainsook, Swiss, Batiste, Baby Irish and Applique Edges; insertions, allovers, bands, medallions and galoons to match. Nainsook and Swiss Flouncing. 27 to 45 inches wide; trimmed with lace and tucks, 15¢ to $3.50 per yard. Hemstitched Demi and Full Flouncing. 27 to 45 inches wide; in Cambric and Swiss, 15¢ to $2.00 per yard. forset Cover Embroideries. 16 to 20 inches wide ; plain edge and lace trimmed, . 40c to $2.00 per yard. Allover Embroideries; for Shirt Waists. Small and dainty, as well as the large and heavily em- broidered and open patterns. 20 inches wide, 05c to $7.50 per yard. 2 tf,u\B L""‘o 866 - = I’ H1to 121 Post St;cct new bill allows the use of raisins in making such new brandy. of the amended act will $250,000 annual o th DANIEL MEYER SAYS CODICIL IS GENUINE Banker Favors Proponents in the Davis Will (Contest. The proponents of the codicil of the will of the late famuel Davis have rested their case and the contestants are putting in their evidence in rebut- tal. Danfel Meyer, the prominent b.nker, was the last witness for the proponents. Mr. Meyer was intimately associated - ith Davis for many years, and he testified that in his epinion the codieil is genuine. It Is the theory of the pro- ponents that the bequest to charity in the Davis codicil was inserted at the sugpestion of Meyer, which theory was strongly supported by Meyer in his testimony. “I told Davis,” sald Meyer, “to pro- vide for charity in his will; to die like a Cl ~istian, : ot like a dog. He agreed to make such a provision and I be- lieve that in this codicil he did so.” Handwriting Expert Kytka was then called by the contestants to further explain the reasons that Jed him to the | conclusion that the codicil is a for- gery. It is probable that he will oec- cupy the remainder of the week on the stand. A Dollar Down 2“Dollar a week | gives you| ihe grealest| labor & fuel| saver of thq cenlury. Fully duar: :mh:ei]_g CORDES FURNITURE CO. 2 S E ———————— FIVE NUNS CELEBRATE THEIR SILVER JUBILEE One of the most unusual celebrations that ever took place in San Francisco occurred on Saturday aftermoon at St Rose’s Convent, when five nuns, Sister Mary Andrew, Sister Mary Bertrand, Sister Mary Resginald, Sister Mary Am- brose and Sister Mary Rose, celebrated their twenty-fifth ordination. The beautiful new convent on the corner of Plerce and Pine streets was in gala dress for the reception that celebrated the happy event and flowers transformed the community home into a blooming paradise. Mass was celebrated In the chapel in the morning by the Rev. F. Welsh of St. Dominic’s, and the Rt. Rev. Arch- bishop Riordan gave benediction at 4 p. m., the white-robed nuns singing the Te Deum—the service never to be for- got for its beauty and impressiveness. The nuns who for twenty-five years bave served their fellows as daughters of the church received many exquisite gifts, Archbishop Riordan presenting each with silver crucifixes brought from Rome during his last visit to the Vatican. Besldes oceans of flowers. pletures, altar pieces of silver, rare books, many telegrams of comgrat >4 I'HE SQUAR ORDINARY DEPOSITS The tion were recelved from 'far-away frrendm’ " L - B Renters’Loan & Trust ——— . - SWEET _WINE BILL MAY i Co. Savings Bank around to my throat, down m and around the hips. It itche s0o I would be obliged to seratch it, and tho flesh was raw. “I would t wash the affected with , and then ly Cuticura Qint- ment and let it on all z-nd in the morning I would u-:’& Soap. I am now all well, which all mygflmdamufllyh,mdlwfilbo Rl‘eued to recommend the Cuticura edies to any and all persons who ‘wish -p.ay permanen L 290 Mar. 30,1905. = East Complete and N.J. e e BE PASSED BY CONGRESS 422 Montgomery St., Saa Francisco Califorats Receives Deposits of $1 up . .::::l.'l- ot c-:'m . Interest Compounded Semi- United tes Internal Revenue Col- “Banking by Mail” an Nustrated lsclzr hynse‘; yut:td-y received a tele- Booklet, Seat Froo. TERM DEPOSITS of the 1 ‘Washin the the interest of th of California was 9%