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10 EWS OF 'k COURT HOLDS | CONTRACT VO Gives Anna Pereira Big Slice of Hushand’s Estate, Not- withstanding Agreement SHE GETS $34.586.85 : Judge W. H. Waste Decides | That Compact Entered Into | Was Against Publie Morals y by Judge W. » which he gr: from Frank cruelty and ( had signed | divorce and | $34,- ty prop- | the was vold custody proces aban- 3 | Al wed was ADVISES FREEHOLDERS. hands | 1a taat | t popu- | lized in f power be w centr would the C 50- rovement | b provid, —————i WANTS MARRIAGE PREVENTED. AKLAN —Asserting that i >ped, J. Morrissey uested the | e to fssue | Miss Mary Mor- t ss Morris- Her mother de- | has gone to the home of | at Buy street and Van n Francisco. Objec by the g | based on thelr e prospective bride- een married and Js the ce children. The Morris- statement that he 1s | { MRS. LOHSE LAID TO REST. 1 | 1 Loh: Feb. 22—The funeral of a well-known charity leader of this city, Francisco, was held at morning from the he Immaculate Conception, being conducted by the mpsey, pastor of the ® Rev. Father Ramm of The funeral was at- v of the friends of the the casket was hidden 1 offerings. The pallbear- Richard .Kennedy. Felton nith, Roy Mauvals, 1d Dr. B. Bakewell ther MRS, VAN HORN TO APPEAL. OAKLAM , Feb, 23 —Attorneys for Mrs. Marion Van Horn, whose hus- | band, Pi BT her relat) essor Ross Van Horn, was orce from her on account of s with Adolph Knop?, peti- tioned the court today to cure a defeot the proceedings, so that they ean ke a motion for a mew trial prelim- to an appeal to the,Supreme ¥ were granted a week for PROFESSOR NOT STRUCK. BERKELEY, Feb. 23— Professor h of the engineering department reproved two students, not demtifon who lighted cigarettes in the engineer. € building. The incident gave sise to a rumor that they had defied hin | nd had thrown a coal scuttle at hl.] d. Professor Gerleth declares the ry without foundation. ——— COMPROMISE BOOK CLAIM. OAKLAND, Feb. 23—W. §. Leake, administrator of the estate of the late »sephine Dunsmuir, has petitioned the Probate Court to be allowed to com. promise the claim of E. Holloway & Co. for $15,192. ————— FHICAGO RABBI TO PREA .—Oakla Feb 55 Rabbi lasdore Mendsioon of [ cago, & moted centor, will preach morning st the Congregation Beth Jacob egopue, Harrison street, near Fourth. | within all her right in|? | ests of either | cutter "oul, and after drifting for days with the {1t will be taken up at a time agree- HE AN FRANCISCO CALL, SA JRDAY, FEBRUARY 24, 1906. WESTERN PACIFIC MOVES ITS TRACKS FROM IFEAISING FUNDS e L Shoves Them Fairly on Disputed Strip of Land. , | Obeys Order of Uncle Sam by Consent of Rival. OAKLAND Feb. 23.—In obedience to an | r issued by the War Department, ! the Western Pacific Raflway to remove its tracks from the aining wall of Ogkland - harbor | s, the company this the removal of th thirty feet farther in land now in dispute Pacific ' and the | ng e th afternoon tracks to the fill, and on the Western Pacific n »oint between Southern 1y fifty laborers was set »on, and before dark- ness fell ile of the track had | { been placed in its new position. The | work was begun on the east end of the | fill, and will be tinued until the entire | stretch of tr been removed from | that portion of the fill which covers the base of the tr wall. ) Before the rn Pacific began !‘h(‘{ | removal of the tracks the attorneys of that company and the Southern Pacific Company agreed that, as the, order of the War Department was arbitrary, and | must be complied with, the move should be prejudice to the inter- mpany. This agreement was reached Wednesday, and a stipula- on that nefther slde shail take any ad- ge of the been filed in rcuit Court. This the Western Pacific might to remove the track without temporary injunction issued = Morrow, restraining the West- ern Pecific from doing any work on the | made with untilpafter the case had been settled in court. | The of the rival companies agreed that the move should in no way affect the rights ot the Southern Pacific | 1 its claim of ownership of all | land ¢ de the low tide line ul" Western Pacific in its con- | . entire strip outside th J erty of the State. These ms are being fought @t in the courts. he Western Pacific ~ Company still its guard of armed men on the w of the agreement reached tide by the attorn of the two companies there will be no clash during the removal | of the tracks to their new resting place. | The work continued until darkness put a | to the work of the laborers, and will newed tomorrow morning. | srder to vacate that part of the fill | I covers the base of the north train- g wall of the harbor, on which the tracks were laid when the Western Pa- vany seized the fill a month ago, ! by the War Department | W. H. Heuer, United | tates Engineer in San Francisco, a few | s after the first struggle between the | began. Thirty days was made | of time allowed for the re- and as that time has almost ex- work will be completed as rap- | possible. | e —— - | STEAMSHIP DORA | IS SAFE IN PORT Vessel Missing Since Christ- mas Puts Into North- ern Harbor. | and derby hat. Special Dispatch to The Call. ATTLE, Feb. 23 —The steamship | Dora of the Northwestern Steamship | Company, arrived at Port Angeles la this afternoon under sail from the west- ern coast of Alaska under command of Captain Zim Moore. The Dora left Ko- diak on December 2, and from that day until this afternoon no word has been re- ceived of her or the crew of more than fitty men. The United States revenue Rush and the Santa Ana have been out searching for the boat many days, but their efforts have been confined to the coast. as it was thought that the Dora had put into one of the Alaskan ports to escape a severe storm or to re- plentsh her coal supply. During & severe storm after leaving Kodiak the coal supply of the Dora gave wind and tide Captain Moore decided to run for port. e AGED ARMY OFFICER IS ILL | AT A LOS ANGELES HOTEL Brigadier Gemeral W. S. McCaskey of Denver So Sick Visitors Are Dented Him. LOS ANGELES, Feb. 23.—Brigadier General William S. McCaskey of Den- ver, Colo., 18 seriously ill at the Lan- kershim Hotel, where he has been spending the last few days with his wife.” The Allness of the general is ascribed to general debility and to a slight cold which he contracted en route to this city. At the hotel last night he denied himself to all visitors and word was given out that he was unahle to leave his bed, Major General Lloyd Wheaton of Chicago called to see General McCaskey, but owing to the latter's low state admission was de- nied. The latest report is that he is resting easy. SANTA CRUZ SUPERVISORS’ RECORDS IN ROAD CASE Make Return to Writ Sued Out by Op- ponents of Claim for Work on Highway. SANTA CRUZ, Feb. 23.—The Super- visors of this county were in court to- day to file their return to the suit of certiorari in their action to prevent the payment of the F A. Hihn Com- pany’s claim for $15,600 for the High- land road. The board filed a demurrer and the transcript of the records in the case, The matter was then continued. able to the attorneys on both sides. —_————— ‘Would Raise Price of Lumber, % TACOMA, Feb. 23.—The joint price list committee of the three lumber manufacturers’ associations of Oregon, Washington and Southwestern Wash- ington has agreed to recommend to the Pacific Coast Manufacturers' As- sociation, in session here today, an ad- vance of $2 on all grades of the.present schedule except railroad ties, which are advanced Sl: Santa Fe Switchman Loses Legs, SAN BERNARDINO Feb. 23.—George Durbin, a Santa Fe switchman, fell frdm a moving boxcar in the local yards to-night and was run over. Both legs were crushed and later amputated. Serjous wounds were also inflicted on his head. He was hurried to the Los Anfel« company hospital on a special train. WALL FOR THE WIDOW OF JAMES TAIT BERKELEY, Feb, 23.—Professor Putzker of the State University has begun a movement for the raising of money to be given the widow of James Tait, the university gardener, Who died of blood polsoning last Ronday. The widow of James Tait is penniless. University people are subscribing to_a fund for her re- lief, and alumni “who knew *“Jimmy Pota- 105" will be asked to join in the movement. Professor Putzker's appeal, now in circulation, is as follows: “‘Poor Jimmle Tait is dead. For twenty years he has faithfuly worked among uk being known to everybody as an honor- able and steady man. He dled as he had lived in the service of the university. Let us show our appreclation of his labors, How can we best do this? By helping his widow, an ex- céllent womlan, who needs help to educate her children. Faculty and students will be glad 10 share in the act of humanity.” An interesting Illustrated lecture, to which the students and public are Invited, 1s to be given by Professor Edwin B. Clapp, professor of Gresk language and literature. The lecture will be delivered at the Students’ Observatory at 4 o'clock Wednesday atternoon, February 28. Professor Clapp's lecture is not chiefly to re- call to mind the glories of anclent Greek art and architecture, thought these are not over- lcoked, Its purpos: is rather to present in pictorial form, the actual observations and ex- periences of thé modern traveler, especially in outlying regions not commonly visited. The numerous stereopticon views are taken from phdtographs made during the lecturer’s recent visit to Greece, and include not only the more familiar ground, Athens, Corinth and Olympia_but also pictures of Delphi, the moun- tain wilds of Arcadia, the Greek Islands, Asia Minor and Troy jtself, with many {lustPa- tions of scencry, the dress and ‘appearance of the - people, modes of traveling, and many other interesting view: ALAMEDA COUNTY NEWS RAISE WATER RATE.—Haywards, Feb. 23, The minfmum water rate for houses occupled by not more than two persons has been raised from 75 cents to $1 & month. OAKLAND'S RAINFALL.—Oakland, Feb. 23— Rainfall for twenty-four hourg ended at 1 o'clock this afternoon was .89 of an Inch, making a seasonal total of 13.92 inches, as compared with 20.76 inches to the correspond- ing date last year. DONATES MONEY TO CHARITY.—Oak- land, Feb. 23.—The Bullding Trades Council today pald to the West Oakland Home and St. Joseph’s Home for the Blind $180, which was recently donated by the organization to aid in the work of these Institutions. BERGER'S WILL FILED.—Oakland, Feb. 23.—The will of the Rev. Martin L. Berer, obtained under a court order from the safe deposit box in San Francisco, leaves his es- tate 1o his wife and son and the children of a deceased son in equal shares. The estate i valued at $50,000. DECR| ARE GRANTED.—Oakiand, Feb. Leona E. Lord has been granted an inter- jocutory decree of divorce from Leslie H. Lord on the ground of cruelty; Mary G. Pozzo from Frank Pozzo, for desertion; Loulse Corey from Wesley J. Corey; Maria Horton _from Frank W. Horton, and a final decree to Harry P. Eilis from Bertha Ellis, for crueity. LABOR COUNCIL BAKERY ATTACHED.— Oakland Feb. ~The Pledmont Bakery and staurant. recently purchased by the Central bor Council to be operated on the Co-opera- tive plan, was closed last night, an attachment having been levied on the place by the Mer- chants’ Protective Assoclation on an agsigned claim lof Frank M. Ferguson for supplies. RAILWAY SUITS.—Oakland, Feb. 23.—The Western Pacific Raflway today brought con- demnation procesdings agaipst the Southern Pactfic Railway for u stfdp of land near its depot at Pleasanton, running from Neal to Angela streets. Proceedings were also begun against H. B. Goecken to condemn a right of way through his lands between Niles and Pleasanton TEST ( 23 —Form ang John 1 ES CONTINUED.—Oakland, Feb. Chiet of Police Louls Schaffer Daly, who conduct livery stables and who were arested for placing vehicles on the sidewalks, stated today that their attor- neys were not yet ready to test the ordinance under which the afrests were made, and Po- lice Judge Samuels continued both cases until March 7. FAILS TO RETURN RIG.—Oakland, Feb. 23.—A. J. Woolsey, who' conducts a livery stable at 570 Ninth street, reported to the police today that a young man hired a horse and buggy yesterday morning and has not yet returned it. The man is described as being of dark comvlexion and wearing a dark suit He was about 24 years old and of medium heigh! NOTED EDUCATOR TO LECTURE.— Berkeley, Feb, r. W. J. Tucker, presi- dent of Dartmouth Coliege, will give a_course of six lectures at the Pactfic Theological Sem- inary on “Modern Christlanity.” The course will begin on the evening of March 27 and will end on April 9, the beginning of commence- ment week at the seminary. The Rev. Robert J. Burdette will deliver the annual com- mencement address. FIGHT FOR STORE.—Oakland, Feb 23— A. Ambrose, a bicycle degler on Thirteenth street, near Franklin, had protested arainet the granting of a permit to Charles Jurgens, the capitalist, to erect a high board fence around his place of business. Ambrose asserts he holds a lease from V. D. Moody, former owner of the property. Jurgens bought the proverty and desires to rebuild. The Board of Public Works will rescind the permit if Am- brose proves his case. CHARGES ARE DROPPED.—Oakland, Feb. 23 _—Two cases of embezziement against W. T, Krigbaum were dismissed this morning by act. ing_Police Judge Quinn—one because of a faulty complaint and the other because he a stockholder of the firm ccused of embezzling cused by D. M. Morris giving clothing to creditors to settle his Krigbaum agreed to sell his stock to and the matter was dropped. WOMEN COME TO BLOWS.—Oakland, Feb, 23.—When Mrs. C. F. Sanders, who conducts a lodging-hovse at Emeryville, undertook to eject Mre. J. Whitehill, Who had been living in the house with her husband, she recelved a blow on the jaw that knocked her down and dis figured her cumely features. At least that i the story she told the Emeryville authorities this morning when she procured a warrant for Mrs. Whitehill's arrest on & charge of battery. The latter admits quarreling, but denies that she struck any blows, MARRIAGE LICENSES.—Oakiand, Feb, 23, The - following marriage licenees were issued Dby the County Clerk today: Elmer G, Morton, 27 Petaluma, and _Nettfe E. Rolilns, 27, Fresno; Ralph S. Heaton, 29, and Gertrude tone, 20, both of San Franclsco; George W. Freeman, 21, Ban Francisco, and Margaret Singleton, 26, Eureka; Charles W, Penning, 28, and Theresa Bermel, 26, both of Berkeley: Frank W. Herberth, 22, and Frances 1. Judd, 23, Loth of Oakland; George L. Sykes, 42, Cot~ tonwood, and Olive A. Murray, 82, town; Heynold Barberi, 24, and Edna Jacobs, 21, both ot Oakland; Charles C. Cunningham, Kland} clothing. ot 2Z_and Fiora C. Pearce, 17, boih of Oa Oscar J. Stenbach, 34, Ban’ Jose, and Krabel, 20, Alameda. d Martha i £ S S SPIRIT OF COMMERCIALISM RULES WASHINGTON SCHOOLS —— Company of Nan Patterson Sleeps Beneath Costly Shaft MONUMENT WORTH $3030 His Shortcomings Are Buried With Him and Mossy Mar- i ble Tells of Forgiveness ., OAKLAND, Feb. 23—The final account of Margaret B. Young, wife of “Caesar” Young, the well-known bookmaker and horseman, shows that there was no stint in the funeral arrangements and that she spent $4254.50 in giving him a burial. The incident of his death in the cab in New gotten and forgiven, and she pald $3030 for a monument to be erected to his memory. His estate warranted no such expendi- ture. He owned 100 shares of the Cali- fornia Jockey Club stock, for which Dun- can Cameron pald $10,000. He also had a membership in the Metropolitan Turf Club, which was sold to M. Mannheimer for $3000. Thirteen thousand dollars was the amount of his estate, and he was in- debted to his wife for the sum of $19,000 After all his burial expenses and other debts had been paid she received 36212 on her claim. What became of the money he used in running his books and the string of horses, including Eonic, winner of the Burns handicap, does not appear. PRIZE WINNERS HRE ANNDLNCED Committee on Awards Com- pletes Its Work at the Cit- rus Fair at Cloverdale - - CLOVERDALE, Feb. 23.—The commit- tee on awards completed its work this afternoon at the citrus fair and this evening announcement was made of the winners of the prizes for the various classes of displays. Following are the prize winners: Class C, most artistic ex! “‘dump cart,” Mrs. Charles E. ond, water wheel, Miss Pauline Brush; third, golden stairs, Fred W. Brush; fourth, tower, E. A. Cooley; fifth. Ferrls wheel, Mrs. Carl A, Yordi; eixth, Presion sicre, Teddy Carnell and Lee Green; seventh, Native Sons’ bear, W. E. Harris; elghth, church home and school, la- dies of the W. C. T ninth, shamrock or four leafed clover, Miss Hessle Graham; tenth, gold mine, John Menihan; eleventh, 'Italian harp, Mrs. George B, Baer; twelfth, gold fish pyramid, Mre. John Flelds: thirteenth, Egyp- tian pyramid, Henry J. Crocker. Clas! wines—First prize, Itallan-Swiss Colony; nd, A. J. de Hay of Cloverdale. Class F, greatest number of variety of fruits —First, Markell Baer; secand, G. Hagmayer. Class A, best frult in quantities—Washing- ton navels, first prize, H. H. Hubbard; second, George B. Baer. Lemons, In quantity—H. H. Hubbard, only prize. t—First prize, Humbert; sec- Class B, best two dozen Washington navels—First, Mme. Preston; second, Wil- llam Leist; _third, Mrs. W. _Appleton; fourth, Jane Whitaker. Mediterranean Sweets—First, Mrs. W. Caldwell. Pomolos— Pirst, Mrs. Rosa Haehl! second, George J. Ja- cobs. Japanese oranges—Mrs. W. T. Brush; Malta bloods—Mrs, Fedora Poole. Citrons— Mrs. C. Worth. Lemons: Villa Francas First, Mrs. H. H. Hubbard; second, Madame Preston. Lisbons—First, Mrs. H. H. Hub- bard; second, Mrs. Fedora Poole. Siclly— First, J. J. Barnes; second, M. J. Saviers. Class pickled olives—First, Dr. A. M. Coomes; second, G. Hagmayer; third, Mrs. H. McKoon. Best olive ofl—Mrs. J. A. Kleis Class J, jellles—First, Mrs. George B, Bae: second, Mrs. Etta Smith. Marmalades—M:; George B. Baer. Apples—First prize, Mrs, S. Beasley; second, D. J. Dunham. Best fruft in jars—First, Mrs. William Cald- well; second, Mrs. Carl A. Yordl Best vegetables—A. Luchetti. The fair closes tomorrow, after one of the most successful seasons since the falr was organized, fourteen years ago. Despite consgiderable rain there has been a larger attendance than ever before and the displays are considered of much finer character this year than on any previous occasion. DECIDE TO REOPEN THE POISON CASE Mrs. Barnett’s Brother to Be Summoned From Yuba Count; STOCKTON, Feb. 28.—The authorities decided this evening to send for Elmer Ramsey, brother of Mrs. J. Barnett, who was at the Barnett home when James Barnett and two children died from mer- cury polsoning. Ramsey is in Yuba County, and on his return will be ques- tioned by the District Attorney. It was also decided tonigt to exhume the body of little Vera Barnett/ the first child to die. Mercury poison was found in the stomach of James Jr., whose body was exhumed yesterday. —————————— Rain in Several Towns, FRESNO, Feb. 23—The fall of rain this afternoon was .11 of an Inch, mak- ing 5.66 Inches for the season, which is up to the normal fall for a season. The sky is still heavy. SAN JOSE, Feb. 23.—Another storm came up suddenly last night over a clear sky and rain has been falling in considerable quantities all morning. The total rainfall for the season to Anniversary of Birth of First Presi-|date is 8.11 inches. dent Unobserved Because Holiday ‘Would Affect Income. TACOMA, Feb. 23.—The high school students who struck yesterday for Washington’s birthday holiday are be- ing suspended as fast as their names are learned. About sixty boys signed a manifesto and they will be dropped. Students who did not visit the school in the morning will not be suspended, but those who tried to stampede the pupils in the otler rooms must make amends. The city draws a bonus of about 5 cents from the State for daily, school attendance and to have granted the holiday would have cost $700. Ta- coma offered last year to observe the day if Seattle and Spokane would ob- serve it, but the plan fafled. ——— Drops Decd in Theater. ST. HELENA, Feb. 28.—Mrs. L. M. Davies dropped dead tonight of heart failure at the opera-house while wit- nessing a play given by high school students. Mrs. Davies was married but two months ago. ———— Since his return to Spain, King Alfonso has become ly known among the subjects as ““Alfonso the Brave,”, on ac- rn of the coolness with which he be- LV in Paris. when the bomb was th_row’n at him SANTA CRUZ, Feb. 23.—There has been a very heavy fall of rain here for the past twenty-four hours, about two inches falling in that time. The pre- cipitation for the season amounts to more than fifteen inchs —_—————————— LATE SHIPPING INTELLIGENCE. ARRIVED. Friday, February 23. Stmr Santa Cruz, Hall, uyhourl from Mon- terey. Bark Abby Palmer, Petersen, 15 days from Ladysmith, via Port Townsend 13 ‘days. ISLAND PORTS. HONOLULU—Satled ~ Feb 28—Jap stmr H Maru, for San Francisco; U 8 stmr Lawton, for San Francisco. _, KAHULUI—Sailed Feb 23—Stmr N for San Francisco, EAN STBAMER. } NEW YORK—Arrived Feb 23—Stmr Cedric, from Liverpool, Arrived Feb 23—Stmr Main, from London; e T -Arrived Feb 23—Stmr Baltic, trom New York. S QUEENSTOWN—Arrived Feb 23—Stmr Lu- canla, from New York for Livernool. FAYAL—Salled Feb 23—Stmr Celtle, for Naples, tmr Koenigen Albert, from AT B Kenin At 'ew, York for G hfrnyfuong‘n—x"mw’ m" n—m‘“ Blue- cl , from gher, from New York for Cherbours and Hem- MEMORANDUM. Per bark Abby from Lad: - DULDS TONB] VER DA SITE ‘Man Who Fell by Bullet in!Attorneys Open Legal Fight|Judge HE COUNTIES ABOUT THE BAY YOUNC'S WIDOW [BATTLE BECINS IBRADBURY MUST WICKED YOUTH FACE A JURY] CETS 14 YEARS Lennon Overrules for the San Pablo Creek| Demurrer to Indictment Ranch in’ Martinez Creek AFFIDAVITS ARE FILED Both Syndicate and Contra Costa Water Companies Offer Sworn Statements MARTINEZ, Feb. 23.—The battle of two big corporations for possession of the Clancy ranch, the only natural reservoir site on San Pablo Creek, began today at Martinez. Superior Judge Wela took up the injunction proceedings of the Contra York City with Nan Patterson was for- | Costa Water Company against the Syndi- cate Water Company to restrain it from continuing its operations® of building a dam in the creek. Today was devoted to filing and reading affidavits on both sides; tomorrow will begin the battle royal of oratory and the raising of technicalities by the array of attorneys on each side. . The objective point of the two corpora- tions is the control of the Clancy prop- erty, whereon is situated the only natural eservoir of San Pablo Creek. The Contra Costa Water Company claims seven- ninths of the Clancy ranch, disputes the Syndicate’s claim to the other two-ninths, disputes the claim of the Syndicate to an option of purchase held by W. J. Lay- mance on the ground that the option has expired by reason of non-performance, and, finally, disputes every claim that the Syndicate has any right or title to the property. It was on a motion of the Syndicate ‘Water Company to dissolve the injunction secured by the Contra Costa Company ‘that the matter came up this morning. The Contra Costa Company was repre- sented by Attorneys M. C. Chapman, George Cope, E. 8. Pillsbury and W. I Brobeck, while representing the Syndicate Company were Harmon Bell, E. W. Engs, A. A. Moore, Stanley Moore, George W. Reed and W. S. Tinning. Among the in- terested spectators in the courtroom were E. W. McGary, manager of the Contra Costa Water Company; W. H. McKinnon, John Nicholl of Point Richmond, John Ferrin, claims adjuster of the Oakland Traction Consolidated; Louis Titus, man- ager of the Syndicate Water Company, and J. H. Spring of the Spring Construc- tion Company, that was engaged in build- ing the dam on the Clancy ranch when the work was Interrupted by the injunc- tion. As soon as the case was called the Con- tra Costa attorneys presented a number of affidavits, and this action called for a vigorous protest from A. A. Moore, Who declared that the documents should have been filed at least twenty-four hours be- fore. But at the suggéStion of Judge Wells the Syndicate attdrneys retired to his chambers to examine the affidavits and hold a consultation., These affidavits were made by McGary, who denied that he knew of A. M. Souza's claim to the Clancy property; Henry Scanlon and Mrs. Emma Scanlon, who gave the detalls of the sale of the latter's interests to John Foster, who deeded the property to Me- Gary, and denying that 8. P. Skow held a lease to the property, as alleged; by W. A. Clancy and Mrs. Harriet Clancy, to the same effect as that of Mrs. Scanlon. It was the purpose of most of the affidavits 40 show that the option given to Lay- mance had lapsed, while the Syndicate at- torneys claim that owing to an imperfect title this could not be. At the afternoon session the Syndicate attorneys filed counter-affidavits to show that McGary should have known before he purchased his interest from Foster that Laymance’s option was on record and that the Contra Costa Company had no riparian rights or irrigable lands ex- cept an interest in 287 acres on the Clancy ranch and a portion of the Sobrante, which is claimed to be insignificant com- pared to the Syndicate’s holdings of 10,000 acres above and 5000 acres below the pro- posed dam. The affidavits had been read and Attor- ney Moore was beginning his argument when court was adjourned for the day. The arguments will be resumed tomorrow morning. CAPTAIN PATTERSON 0T TOPEKA SKIPPER Real Master Says He Would Not Allow Official to Interfere. SEATTLE, Feb. 23.—Captain T. H. Cann, master of the steamship City of Topeka when that vessel was at the scene of the wreck of the steamship Valencia, testified before the Federal Commissioners today. Captain Patterson, port captain of the Pa- cific Coast Bteamship Company, and J. E. Pharo, who was assistant general man- ager at the time, have both been accused of taking command of the Topeka, and it was desired that the Commissioners should learn just who-gave orders for the Queen to return to Victoria. Captain Cann eaid that he was in com- mand of the Topeka at all times, and that Mr. Pharo was in charge of the ex- pedition. He received suggestions from both Captain Patterson and Mr. Pharo in regard to the best means of saving the passengers from the Valencia, but was in absolute command of his ship at all times. Captain Cann continued that if Captain Patterson had attempted to run the ship and give orders regarding the navigation he would have sent him off the bridge, and if he had persisted have ordered him in frons. His answer provoked mueh laughter. IDAHO TWINS PLAY JOKE ON THE SHERIFF Innocent Youth Goes to Jail in Place of Guilty Brother. Special Diepatch to The Call, SPOKANB, Feb. 23.—Brotherly love and & sense of humor are so strongly devel- oped in the young Hays twins of Troy, Idaho, that Harry Hays secured his nv’u arrest for assault and battery, when the officers were after his wicked brother Henry. The latter, a barber, had a small row with a Troy hotelkeeper, which re- sulted in his giving a drubbing to the boniface. Mine host set out for revenge and #cked the minions of the law on the innocent Harry, who is a peaceful rancher. Henry and Harry kept the se- cret of mistaken identity to ves until the Sheriff hauled Harry to court at Moscow, miles away. Meanwhile Henry, the wicked brother, stepped in and secured a warrant for his own arrest at Troy. He pleaded guilty before a jus- tice of the peace and was fined $L. . Filed by the Millionaire / “NOT GUILTY” IS PLEA Bench Announces That It Will Call In Another Jur- ist to Try Perjury Case —_— SAN RAFAEL, Feb. 23.—Judge Thomas J. Lennon today overruled the demurrer of Willam B. Bradbury to .the Grand Jury indictment charging the aged mil- lopaire with perjury. James W. Coch- rane, Bradbury’'s attorney, took an ex- ception to the ruling and his client en- tered a plea of not guilty. Judge Lennon postponed the setting of the date of trial until Friday, March 2, and announced he would have another Judge act in his stead, as he would not try the case. Judge Lennon tried the suit in which the perjury is alleged to have been commit- ted. DAMAGING EVIDENCE GIVEN AGAINST TYREE Accused of Juggling With Books in Making His Report. SALT LAKE, Utah, Feb. 23.—The pre- liminary examynation of Hiram Tyree and Cameron C. Wylle, president and secre- tary, respectively, of the Continental Life Insurance and Investment Company, charged with certifying to the Secrefary of State of Utah a false report of the company’s business, was continued today in the Police Court. » The most important witness was F. M. Raiff of San Francisco, former manager of the Western Agencles Company, a San Francisco adjunct of the insurance com- pany. Ralff testifled that in a recent con- versation at Sacramento, President Tyree had admitted to him that when the report was made to the Secretary of State of Utah there was a deflcit of $28,000 in the company’s treasury and that to avoid showing this deficit it was necessary to keep the books open after December 31, 1904, which was the date of the report to the Becretary of State. It was some weeks after this date before the report was filed. Through Raiff the prosecution intro- duced a letter from President Tyree to Raiff, written since the institution of the criminal action. in which Tyree stated tnat he hoped to influence the County At- torney to dismiss the action and that in this effort he had the assistance of the leading business men and financiers of Salt Lake City. Wiillam E. Block, private secretary to Samuel Newhouse; Philip Harding, for- mer bookkeeper of the insurance com- pany, and Dr. H. N. Mayo Identifled checks drawn in favor of the insuranee company subsequent to December 31, 1504, but which appear in the company’s books as having been received prior to that date. When the evidence was in the prose- cuting attorney admitted that he had failed to make a case against Wylle and the charge against him was dis- missed. Argument as to the evidence against Tyree will begin to-morrow. OF INTEREST TO PEOPLE OF THE PACIFIC COAST Kahn Makes Inquiry as to Investiga- tion Into the Pear Blight in California. WASHINGTO! Feb. 23.—Represent- ative Kahn today had an extended inter- view with Chairman Wadsworth of the House committee on agriculture with reference to the investigation of the pear blight in California. Wadsworth said that the Bureau of Pomology of the Department of Agriculture had made many investigations on the sub- ject. Certain remedies had been sug- gested, and Wadsworth said that the men whose orchards are affected should apply the remedies that have been placed at their disposal. Kahn has filed in the House petitions signed by 500 laboring persons of the Pacific Coast in opposition to the Fos- ter amendment to the Chinese exclu- sion law. The national banks of California, outside of San Francisco and Los An- geles, had total resources amou.ting to $57,903,354 at the close of business on January 21, according to the report of the Controller of the Currency. Loans and discounts amountd to $24,- 341,047, gold coin In reserve to $2,817,- 090 and individual deposits to $38,183,- 104. Chief Constructor of the Navy Capps has Informed Representative Know- land that the Navy Department does not ask for a speclal appropriation of $100,000 for the equipment of Mare Island navy yard for the construction of colller there, but will provide equkment for regular appropriations. Knowland expects to secure ample pro- vision in the naval appropriation bill for the Increase in the cost of the col- liers under construction, an increase made necessary by changes in the bullding plans and by the higher prices of materials. Rural postal delivery route No. 1 will ge established at Corona, River- side County, on April 15, the 5 tion served being 451. gy John B. .Thorp has been appointed rural carrier at Stockton. . The Controller of the Currency tod: issued a certificate .uthnfl::’n‘ g;: First National Bank of Colville, Wash.. to bej business with a capital of $25,000. —— MORTON SPEAKS FAVORABLY OF THE LEGISLATIVE REPORT Says Members of Arn Society to-day made the following statement concerning the report of the Armstrong committee as made to the Legislature yesterday: ;h‘ u;mh; of a l:fl‘lfl-t m‘&'—':-" ore John B. Sloat at Monterey, Cal., & cost of $10,000, - o e Wayward Santa Rosa Lad Who Assaulted Aged “May- or” of Greenbrae Sentenced ATTACK WAS COWARDLY Young Villain Leaves Vie- tim Unconseious in Path of a Train About Due —_— Epecial Dispatch to The Call \ SAN RAFAEL, Feb. 23.—Judge Lennon today denied the motion for a new trial of Terence Fitts, who was convicted of an assault with the intent to commit rob- bery on “Mayor” Felix Sands, the aged drawbridge tender at Greenbrae, last December, and gave him the maximum Ppenalty of fourteen years in San Quentin. Fitts is the son of Perry Fitts, a well known and respected haradware merchant of Santa Rosa. He has led a wayward life for many years. He has served time in the State of Washington penitentiary and in many county jails. While testity- ing in behalf of his associate in the Green- brae holdup he admitted that they left Sands lying unconscious across the track on the drawbridge, although a freight train was about due. His companion, John Woods, was convicted last Tuesday and will come up for sentence on March & CHANGE PRECINCTS OF MANY DISTRICTS Take Steps to Prevent Con« gesting of Voters at Polls. At the meeting of the Board of Elecs tion Commissioners last night it was de- cided to change the election precinets in order that they might be more uniform. A resolution was passed in which each district was allotted the following number of precincts respectively: Twenty-eighth Assembly E'?l:sflv t) inth A bly Di enty-nf ssem] ist 1 Thirtioth. Assembly. District, 12 procimers Thirty-first Assembly District, 11 precincts. Thiry-second Assembly District, 12 precincts. Thirty-third Assembly District, 11 precincts. Thirty-fourth Assembly District, 14 precincts. District, 10 pre< Thirty-fitth Assembly Distriet, 12 precincts. Thirty-sixth Assembly Distriet, 12 precincts. Thirty-seventh Assembly District, 15 pre- clncta hirty-eighth Assembly District, 14 precincts. Thirty-ninth Assembly District, 14 precincis: Fortieth Assembly District, 11 preeinets. Forty-first Assembly District, 11_preeinet Forty-second Assembly District, 14 preeincts. Forty-third Assembly District.” 13 precincts. Forty-fourth Assembly District. 13 precincts, Forty-fifth Assembly District, 10 precinct: The following resolution was aiso adopt~ ed by the beard: Whereas, In accordance with section 3 of article 6 of the charter of the city and county of San Franeisco and seetion 1904°0f the Politi- cal Code, the Board of Election Commissioners must provide for the precinct registration; therefore be it Resolved, That the Registrar of Voters be di- rected to make necessary arrangements for the holding of precinct registration on Tuesd: November 4, to Saturday, November §, tween the hours of 10 a_m. and 9 p. m. and that the compensation of said preeinct regis- tration officers be. fixed at $5 per day. Commissioners Voorsanger and Cator were appointed to enter a demurrer against the suit brought against the Elee- tion Commissioners by W. W. Wilson, in which he asks the court to prevent the board from spending money unnecessari- ly. The board recommended that the sal- ary of J. F. Musgrove, storekeeper, be raised from $100 to $125 a month, and the Supervisors will be asked to give him the increase. After an investigation the board de- cided that Inspector Blankton had not ceeded his authority when he assisted Charles F. Moore, a voter who was un- familiar with the workings of the voting machine. —_———— CALEDONIAN CLUB HAS MOST / ENJOYABLE LADIES' NIGHT Members With Their Wives, Sweet« hearts or Daughters Make Merry in Scottish Hall. The Caledonian Club had a “ladies night” in Scottish Hall last night. The hall was crowded with members and their wives, sweethearts or daughters and an enjoyable time was spent. The affair opened with a concert after a brief address of welcome by ef D. D. McRae. Songs were contributed by Miss King, Mrs. Daisy King Gillog- ly and Malcolm S. Morrison: -vlolin duet splendidly rendered by Misses Gladys and Audrey Munro; duet by Malcolm 8. Morrison and D. G. Rich- ards; sword dance and Highland fling by Master Kenneth McRae; whistling solo by Mr. Altman: number by the Saxonia Male Quartet; music by the club pipers, Neil Lindsay and R. McD. Murray, and violin solo by J. A. Cam- eron. All the numbers were encored. After the concert dancing was com- menced and kept up till an early hour this morning. The lower hall was reserved as a refreshment-room for the ladics, and ia a smaller room off the maln hail stronger stuff was dispensed to the sterrer sex. The literary commitiee of the club had charge of the arrange- ments. It consists of First Chieftain D. J. McFarland, William Mitshell, R. McD. Murray, Peter MclIntyre and J. A. Cameron, and they were congratue~ lated vpon the success of the wnilair. —_—————— TWO ITALIANS HURT BY BLAST AT PLANT NEAR SANTA CRUZ Injured About the Hend by Belmg Struck by Flying Pleces of Rock. SANTA CRUZ. Feb. 23.—Two Italians were brought to town from the Pert- land cement plant camp of Healy & | Tibbits, suffering from scalp wounds inflicted by flying rocks sent skyward by a premature blast. They are under treatment at the Hotel d'Italia.