The San Francisco Call. Newspaper, August 14, 1906, Page 14

14 THE SAN FRANCISCO CALL, TUESDAY, AUGUST 14 1906 * Primary Elections Today e the Fati of Candidatq’,]ljflfl[fl{flflflfl[ll [ RIMARY elections will be held today, under the State law, in the larger | communities of the State. | Delegates will be chosen for the State, Congressional and judi- | cial conventions. The Repub- lican and Democratic machines have the situation completely in hand, and to the delegates elect- ed today will add those already selected in the good, old-fash- joned way so dear to the heart of the practical politician. In this eity the vote in the burmed district will constitute ome of the freaks of politics. | —— Ruef Will Triumph Without Effort in Most of the City Districts. Opposition to McNab Must Struggle Without an Organization. as B. Sullivan the today the men By Thom N the ities of s conven- | guberna- | 3 In ng parties the machine The State has cramento can machine point of could be ooked out umph to Her dominate for the Con- | | et S ROTTEN BOROUGHS. R city sentation of District the | will give battle to | ish one of the few di- e day. In the Thirty- | Frank French is re- ories of a very sad affair elect a delegation that the audacity to nominate for the State Senate. The three-cornered one, with Ruef has no squabble of tal concern to him- AGAIN. ict John is one of a that DALY WILL TRY that is unpleasant nmentionable, is ony as to the value | The assoclation of | sought to pre- leges to its own mem- one loud, ang! howl | Ruef, as attorney, made vor to obtain licenses tration for people who had been in a saloon ex- | expensive side of the bar. | een the rush to en- | rative branch of retail | n real estate dealers ving salognists. The 3 whisky sellers looks blames Ruef for not protect- terests, and will punish him | Eggers has taken the con- | the Thirty-siXth and will have uncertain support of Phil Crimmins in his fight. FISK YIELDS TO RUEF. the rty-seventh District Pest- er Fisk has agreed to accept Ruef's date for Assemblyman, but insists t the State package must be deliv- by him to Herrin. The quarrel be considered trivial from any of view, except the possible shock Fisk's finer feelings. In the| inth District is the Maestretti- | Wheelan-Keane row, with no chance of | s to Ruef. In the Fortieth Dan| would like to keep Jesse Marks ry Ach where they belong. ocal Democratic field the sit- gives no concern to the regular ganizetion, which claims a good rking majority ae a result of the In the burnt districts the of course, be absurdly light e simply a colonization. In e Assembly districts there | tubborn resistance to the su- | y of Gavin McNab. | NO PATRONAGE, NO POWER. | The opposition argues that McNab actically all of his patronage | that his power. Where once | ad the support of every man in the| f of the Recorder, Sheriff, Coroner, Assessor and District Attorney, now he | has nothing. Indeed, the head and front of the opposition to him are in the Assessor's office in the person of Chief Deputy Bill Eagan. The weakness of the opposition is the utter lack of any attempt at concert of | action. Each district is making its own fight. Each opponent hopes tha#l he may become the local boss. Eagan has the bee in his bonnet, “Little Dick™ O'Con- nor knows that the mantle of leadership ‘will fit him, and one or two others, fear- ful of fighting in the open, have light- g rods down their backs. It is pal- pable that the disaffection is more widespread than it has been in years. It is probable, however, that it will de- Velop nothing to make the regular or- ganization uneasy. ac RUEF, ORATORY AND BEER. Delegates in Opposition to Postmaster Fisk Submitted for Suffrage. The Ruef Republicans of the Thirty- seventh District held a meeting last night-thet must make Ppstmaster Fisk feel sad. Oratory there was in plénty, and, although the hall was crowded, | Garoutte, !ton, D. W. Bu | man’s Fund, beer and sandwiches enough to feed an army made glad the hearts of spell binders and spell bound. After the | usual preliminaries the following tick- | ets were submitted for suffrage today: Republican State convention—C. H. Frank McGowan, C. J. Hous- ?prd. John Tuttle John Bouse, R, W. Dennis, William M. ili er, Tke Tuchler, Frank L Mahoney, n W. Hume, S. Osterhout. Republican Fifth Congressional Dis- trict convention—H. Heagerty, Dr. Ben- jamin Apple, H. R. Robbins. D. C. B. McCarthy, H. C. Caldwell, Ben Levy, James Crichton, Horace Jackson JrI.. Leo McDonald, Dr. T. B. Roche, J. F. Jens Leo Bearwald. publican local convention—Thom- as F. O'Neil, T. V. Eddy, G. . S. Dry- den, J. F. Anderson, Emil Hildebrand, J. C. Cairns, E. H. Coffee, J. F. Quane, Hammond_Iberg, Marcus Lewis, J. H. Costigan, H. E. Coffey. THE MACHINE IN RED BLUFF. Polfticians Seek to Be Delegates Independence Is Tolerated. RED BLUFF, Aug. 13.—Calls have been made by both the Democratic and Republican central committees for meetings to select delegates to the State conventlions. The unknown atti- tude of the Republicans of this county regarding the gubernatorial contest has developed a strong desire in many of the prominent politicians to secure tments as-delegates. The rank le are for Pardee, but the ma- seems to lean toward Gillett, was here a few days ago and in making a good impres- chine who succeeded sion with the bosses. Chairman Coffman of the Republican Central Committee is said to be a can- idate for State Senator, and it is yet unknown what effect his candidacy may have in the selection of a dele- gation to the State convention. James Matlock, the secretary of the commit- tee, also desires to wear a Senatorial toga and his ambition may also result in the formation of a combination of delegates in favor of his interests, as the officers of the committee will have iuch weight in the selection of the delegation. TIME 15 GRANTED * FIREMAN'S FUND. | Policy-Holders Give the Company Two Weeks to Get on Its Feet Half a hundred policy-holders gath- ered at 811 Turk street last night and publicly voted their confidence in the honesty of the Fireman's .und by agreeing to wait at least two weeks longer before any one of them would begin an action bringing the affairs of the crippled insurance company into This vote was recorded merely as an adjournment until August 27, but the understanding among the assured s that the vote was an expression of confidence in the company for another two weeks, It showed that the body of i lders belleve the statement of Dutton that the Fireman's is doing all in its power to straighten out the fearful tangle caused by the destruction of its records and the fall in value of many of its most prized securities. A few of the policy-holders rebelled against the long delay, declaring that they ought to be paid at once. T. Cary Friedlander, secretary of the Merchants’ Exchange, and Attorney C. E. Kinard carefully explained the financial prob- lem that faces the directors of the Fire- and those who were dis- satisfied quickly jolned the ranks of the court. | policy-holders who had confidence in the final ability of the company to pay | dollar for dollar. President Dutton sald yesterday that the Fireman's Fund would soon be able to make a statement to the public ex- plaining the condition of the company. He said he was positive that the company would not be compelled to go into liquidation, but would be able to pay all its losses dollar for dollar. The large policy-holders of the city are helping the Fireman’s Fund finance its securities, so that the greatest sum possible may be realized. ASK DISMISSAL OF MOORE. Traders’ Assured Dissatisfied With the Work of the Adjuster. The organized policy-holders’ of the defunct Traders’ Fire Insurance Com- pany have written a letter to the re- ceiver, the State Bank of Chicago, ask- ing that Adjuster L. A. Moore be re- lieved immediately from his position in Ozkland and that another be appointed to take his place. The assured say in this letter that Moore had tried to bull- | doze many policy-holders into accept- ing shaved adjustments, and has at no time exhibited a spirit of fairness and good will. They point to the recent charges that Moore has been sending policy-holders to an Eastern specu- lator who was buying claims against the Traders for 65 cents on the dollar. They declare in plain terms that his work oh the coast is not to the best in- terests of the receiver or the assured. The trouble between the policy-hold- ers and Adjuster Moore has been fester- ing ever since Moore came to the coast three months ago. Policy-holders com- plained then that his actions were rough and that he treated them with al- most no consideration. The climax was reached when F. Thoms reported that Moore had adjusted his policy and then told him to go to an Eastern spec- ulator named Hiram Haas, who would pay cash for it. Although the assured had no proof that Moore and Haas were in league, they felt that Moore's actions were compromising and that he should no longer be tolerated. The letter of complaint was sent yes- terday by Secretary John S. Partridge, after a conference with the directors of the Traders’ Policy-holders’ Assocla- tion. Three Insurance Sults Filed. Hannah Keesing commenced suit yesterday in the Superior Court against |the American Fire Insurance Company to recover the full amount of a $2500 policy. The policy was on bulldings at 500-506% Bush street and 403-407 Dupont street. . The Rosenthal Company sued the North German Fire Insurance Com- pany to recover $3000 on the company’'s stock on Kearny street. Bertha Cohnreich has sued the Will- tamsburgh City Fire Insurance Company for $2000 on hotel furniture in the Miramar Hotel, Geary and Leavenworth streets. ——— University of Pacific Term. SAN JOSE, Aug. 13.—The University of the Pacific fa. term w..l open to- morrow with two important faculty changes. Professor Henry Stager takes the place of Professor H. C. Tillman as principal of the academy and pro- fessor of mathematics. Miss Grace Holladay will have charge of the violin department of the conservatory of mu- sic. Professor Stager is an A. B. and an A. M. of Stanford. bt b e SR M Eyes Strong—Sootbes Eye 't Smart.* THREATENG T0 KILL Jurist Receives Anony- mous Note About | George Collins’ Case 'PERJURER BALKED “If you release this scoundrel Collins | you will meet with instant death. I am writing on behalf of the children.”— From an anonymous letter received by Judge Hebbard after his order admit- ting George D. Collins to bail was made some weeks ago. George D. Collins is once more to be considered as an indefinite guest of Sheriff O'Neil. Judge Hebbard, who on July 24 declared in no uncertain terms that Collins was entitled to bail, yes- | terday rescinded his order admitting the convicted lawyer to bail and an- | nounced it as his opinion that the Su- | preme Court will turn down the writ of error granted by him. In announcing | his decision Judge Hebbard declared | that ‘he was swayed neither by anony- | mous communications, in one of which his life was threatened, nor by articles in the public press. When seen in chambers Judge Heb- | bard admitted that a letter in which he | was thyeatened with death if he al- lowed Collins to go at liberty had been received. He stated that he attached {no impertance to the communication, |and as a matter of fuct had torn it up immediately upon its receipt. HEBBARD GIVES REASONS. — Judge Hebbard now declares that while he finds from the record that a Federal question was involved, he did not pass upon the question either for or against the defendant. He says that | because of this he is satisfied that the | Supreme Court will deny the writ of | error, and therefore it would be unwise to grant Collins his liberty under bonds. But the writ of error cannot be re- called, having been signed by the Judge and certified to by the Clerk of the Su- preme Court. Collins is now in a po- sition to force the issue in the highest court of the land, although he will be | unable to appear in person, should he have so desired. Collins declares that Judge Hebbard did pass upon the Fed- eral question involved. To prove it, he cites a part of the record. In the trans- cript it appears as follows: Willilam Hoff Cook—There is a aues- ion about the authority of this court to issue the writ. Your Honor has re- fused to pass upon the Federal ques- tion and has not determined anything that has not been passed up. Judge Hebbard—But informally I must have passed upon it, and I will now hold I have passed on all these questions. DECISION OF COURT. Judge Hebbard's decision yesterday | was as follows: The record in the matter of George D. Collins on habeas corpus in this de- partment of the court, has been made up seems to be full and correct. I find |from that record that while a Federal | question was involved and presented |in a petition for the writ, and because of which I granted the petition for a writ of error to the Supreme Court of | the United States and fixed bail, that I |did not decide that Federal gquestion against sald petitioner nor did 1 decide it at all. WRIT OF ERROR FUTILE. The denial of the writ of habeas cor- pus was wholly upon the doctrine of |res adjudicata—the record affirmative- ly showing that the Federal quest.on had been previously raised and decided adversely to the petitioner by Judge Murasky of this court and b{ the Dis- trict Court of Appeals of this district. |I listened to no argument and denied | the writ solely upon this ground. It | follows therefore that while the peti- | tioner has his writ of error and his record therein, and he may, if he now so elects, pursue the same in the Su- preme Court of the United States, it appears that that court will grant him no relief in such proceedings, for it is the law, as laid down by that court, “That when it appears that the de- cision below was adverse to the plain- |tiff in error upon * two independent grounds, one of which is not a Federal q tion, the Supreme Court will dis- miss the writ of error.”” Foster Fed- eral Practice, pn?e 1 . In this proceeding the reason for the dismissal of the writ by the Supreme | Court would be stronger, becduse here there has been no ruling adverse to the petitioner upon the Federal ques- tion. It seems to me that the writ of error uu?ht to be taken from an ad- verse ruling of a court or Judge at lib- erty to entertain the Federal question. For the foregoing reasons. the order admitting the petitioner to bail is set aside. District Attorney Langdon announced yesterday that he would instruct As- istant Willlam Hoft Cook to proceed to ‘Washington the second Monday in Oc- tober for the purpose of meoving before the Supreme Court that the writ of er- ror sued out by George D. Collins be dismissed. If this is accomplished Col- lins will have no alternative other than tc commence the serving of his term of fourteen years in San Quentin. READY T0 CONNECT THE TWO LINES. A party of Southern Pacifice Company surveyors has been sent to Humboldt County to resume work on the surveys of the proposed route of the new line that is to connect .up-the California Northwestern at Sherwood and the San Francisco and Northwestern at Pep- perwood. It was stated yesterday by one of the prominent officials of the Southern Pacific Company that the pro- posed company, which is to take over the comtrol of the two above mentioned roads and the North Shore Road, will be incorporated some time this month. The papers for that purpose are now being prepared by the attorneys of Harriman and Ripley, who are to joint- 1y hold the stock of the new company. Work on the connecting line will be pursued under the direction of this new company. Although the construction of the connecting line is. hampered with many engineering problems, it is ex- pected that work will be begun before the winter is over. P el R FILLMORE MERCHANTS MAKE PLANS FOR IMPROVEMENT Assoclation Has $36,000 Assured for Its Work and More Is Expected. Plans for illuminating, sprinkling, bituminizing and sweeping Fillmore street and generally improving the sec- tion in the immediate vicinity were discussed by the Fillmore-street Im- provement Association at its meeting last night. It was reported that $10,000 had already been subscribed and that a total of $30,000 was assured for the use of the association. This sum will be given by the merchants and in ad- dition the property owners have prom- ised to add materially to the fund. ‘Within the last few days a few of the property owners have subscribed $3942, and it is certain that this amount will be greatly augmented when all have been seen. Reports were heard from ten committees, representing every phase of the work of the organization. It was decided to ask the Chief of Police to aid in removing signs and obstrugtions from Fillmore street. In addition to the‘regular police now on duty in that neighborhood the asso- ciation will support a system of special wal en. Divorced From Patrol- man Mullan of the Mission. Admits Her Identity on Appearance in the Police Court. HE woman found hidden in the residence of Dr. Julius Rosen- stirn, 1626 Sutter street, early vesterday morning, and now in jail charged with burglary, is Mrs. Ella Mullan, the divorced wife of Policeman John Mullan of the Mission district, who is at present on his vaca- tion. When arrested she gave the name of Margaret Murphy, but when instructed and arraigned before Police Judge Shortall yesterday morning she admitted her identity. A request was made by her attorney to admit her to ball, and the Judge re- quested a statement from Dr. Rosen- stirn bet?-a fixing the amount.” Dr. Rosenstirfl said that shortly before the woman was caught in a closet in his kitchen she had called at his house and asked him if a Mrs. Blunschweiler lived next door. He had heard a woman quarreling with Mrs. Mullan shortly before about the theft of some things from her house. The Judge fixed her bonds in $2000 or $1000 cash. The case was continued till Thursday. The woman persists in her statement that $he mistook Dr. Rosenstirn's house for the one next door, occupied by a Mrs. Harris. She says she was to call upon Clara Morrissey, a servant employed at the Harris house, and as the front door was closed she crawled through the kitchen window. She did not discover her mistake till a young man with a revolver in his hand ap- peared in the kitchen, and then she hid herself in the closet. This story contradicts her first state- ments. She told Policeman McManus, who arrested her, that she had called to see Mrs. Harrls about getting a po- sition as a servant and, finding every- body in bed, thought she would stay till morning, when she could talk with Mrs. Harris. Eric Rosenstirn discovered Mrs. Mul- lan in the closet. When Policeman McManus arrived at the house Mrs. Mullan’s coat was found in a back room. Yesterday morning Policeman Mec- Manus found under the steps of Mrs. Harris' house two jackets, a skirt, a small wicker basket, a silver ash tray marked “T” and a jar of milk, which he took to the property clerk. It is not yet known if Mrs. Mullan left the articles there. Mrs. Mullan is 29 years of age, but looks much older. About a year ago her husband obtained a divorce from her on they ground of intemperance. He also obtained the custody of the three children. Since that time Mullan and his children have been living with his brother, at 2709 Mariposa street. Mrs. Mullan's friends say that she be- longs to a good family and that her only failing is fondness for strong drink. leged Woman Burglar |WOMN DIES WHILE Ex-Wife of Policeman| MATING AL + IFIRNS VERDICT FOR BIG SUM. Appellate Court Mulcts Montana Company for Trespass on Ore Vein By a decision handed down yester- day in the United States Circuit Court of Appeals, the St. Louls Mining and Milling Company of Montana is the gainer of $195,000, and its title 1s es- tablished to certain veins of ore upder the surface of adjoining property of the Montana Mining Company. The action was brought in the Cir- cuit Court of the United States for the district of Montana by the St. Louls Company against the Montana Com- pany, which is a British corporation, to recover damages for trespass upon a vein of mineral, the apex of which lies inside the surface lines of the St. Louls claim, “but which in its down- ward course crosses the vertical side lines of the St. Louis clalm and enters within the boundary lines of the ad- Joining claim, owned by the Montana company, where the trespass upon the vein by the Montana company f{s charged to have been committed, such trespassing having resulted in the ap- propriation by that company of large quantities of valuable ore extracted from the vein. The St. Louis company asked In the lower court for $600,000 damages and received in the Montana court a judg- ment for $23,200. From this judgment the Montana company appealed to the Supreme Court of the United States and a new trial of the case was granted, which resulted in a verdict in favor of the St. Louis company for $195,000. The case was then taken to the United States Circuit Court of Appeals for the Ninth Circuit on the contention that the Judge of the lower court erred in his instructions to the jury. —_— ‘Werner Bros., Expert waf akers & jewelers, 2106 Fillmore b.'fhguflomh & Burux'\'cnm.‘ —_—————— Vance and Simmons’ Case Postponed. Malcolm T. Vance and George W. Simmons, charged with the murder of H. C. Tilden at the time of the fire, should have had their trial in Judge Cook’s court yesterday, but on motion of the attorney for the defense, the case went over until September 18. } Judge Whitson Will Preside. United States District Judge Edward Whitson of the Eastern District of ‘Washington will preside in the United States Circuit Court during the re- mainder of this month and September. —_— “Squealing Charley’s” Voice Is Stilled. UKIAH, Aug. 13.—“Squealing Char- ley,” the most noted Indian of Mendocino County, was found dead last night on the railroad track near town, with two large gaping wounds in his breast, evi- dently made with an ax. Empty bot- tles and other signs of drunken revelry told how the famous old warrior finally came to his end. peeP———— Buman Williams Arraigned for Murder. BAKERSFIELD, Aug. 13.—Buman Williams was a ed before Judge Bennett this afternoon, charged with the murder of James Vandever at De- lano last May. He pleaded not guilty. His trial was set for September 3. e GOURT GIES TOT T0 MOTHER, Judge Grai)_a-m Decides Contest Over Custody of Six-Yeéar-Old Child Maria de Luca, the 6-year-old girl whose possession has been a cause of bitter contention between the father and mother, was awarded to the cus- tody of Mrs. de Luca, the mother, by Judge Graham yesterday morning. It was ordered, also, that the father be given an opportunity to see his child whenever he desired. Choking with emotion, Alfonso de Luca, the father and husband, against whom a decree of diyorce issued re- cently, pleaded with the Judge for his baby. He declared that his wife was no fit person to have the child; that she would not let him see his daughter and that he would rather die than be away from her. “The mother s the right oné to have the little girl,” said Judge Graham. “It would not be right to send her else- where. Tell the mother that she must let her former husband see the child ‘when he wants to visit her.” Over -a year ago Mrs. de Luca se- cured a divorce on the ground of cru- elty. She was awarded her baby girl and went to Los Angeles to live. . The husband, who'is a barber by trade, fol- lowed and according to Mrs. de Luca, attempted a reconciliation. This was scorned and De Luca took away the child, bringing her north to his par- ents in Alameda. A charge of Kkidnaping was made against the barber and Sheriff Barnet of Alameda County took the child and kept her in the County Jail until a week ago, when she was given to her mother. When the father appeared in the courtroom yesterday he went to- ward the little girl, but she screamed and ran from-him as if in terror, “You see,” he exclaimed to the spec- tators in general, “they have stolen her love for me.” —_— Decision on Irrigation. In a decision handed down by the Su- preme Court yesterday the ruling of a lower court against assessing people who are interested in irrigation ditches for work on the ditches below their places was sustained. The case in ques- tion was that of the Arroyo Ditch Com- pany against L. L. Bequette. The de- fendant refused to pay a share of the expense of a flume constructed below his private branch ditch from a canal taken from the San Gabriel River. —_—— Takes Out Second License to Wed. ‘William Kanslar and Elizabeth Kan: lar of Richmond secured a license yes- terday to marry. Kanslar stated that he was married eight years ago, but that an hour after the ceremony the house in which his license was placed burned. He has secured a second li- cense in order to have a record. —_— Alleged Counterfeiter on Trial. The preliminary examination of Harry B. Barnes, accused of having made and passed counterfeit dollar pieces at Vina, Tehama County, was begun yesterday and continued for one week before United States Commis- sioner Heacock. Wflflmflmm ‘."‘A 3 13.—8&1; Bona- martial cases of Assistant T. N. nad T, L. Brown of the navy, who were charged with "mfih:"hthdr‘mmm-h motion. It is the court were l JURY 15 TOLD HOW MYERS WAS SHOT. | Annie Kessler Describes the Killing of Pa- trolman by Steinman \OTHER WITNESSES In ‘a simple, unaffected manner, | young Annie Kessler told the jury yes- terday of the shooting down of Special Patrolman Joseph Myers by Corporal Jacob Stetnman, late in the afternoon of April 19, in Columbia square. There was no hesitation, no effort to make dramatic the description of the mur- der. Before the fire Annie Kessler lived with her parents at 174 Clara street. Driven out by the flames, the famlly joined the refugees in the square. “Just tell the story of the shooting to the jury.” sald Samuel Shortridge. after the witness had been sworn. “I was sitting in Columbia square late in the afternoon, and a crogd gathered. I went to see what it “jgs about. There was a soldier tellin: women that there was a supply of food at the camp and some fish that we could have, if the men would go for it. That soldier was the defendant, Jacob Steinman. Mr. Myers, was standing on one side of me, and a man I after- ward found to be a Mr. Bush on the other. “Mr. Myers sald it would be a good thing if they would take the wagon in the playground and get the fish. Bush disagreed with him and wapted to send twelve men. Then Mr. Bush said to Myers: “ My, you think you are the whole show." “To this Myers replied, ‘T am not trying to be the whole show. I have been here all day and have been trying to help the people.’ “Then Steinman told Myers to shut up. Myers said, ‘Don't you know who I am, corporal? ““No, and I don’t want to,’ came the reply. “Then he shot once as Myers turned Carl Bennett Says That Doctors Were Lacking at the. Park Hospital IS CALLED A LIAR “After the hospital ambulance brought my sister-in-law to the Park Hospital she lay on the operating table fully twenty minutes before a surgeon came to her aild. When he did arrive Mrs. Stephens was past all hope. The report that I delayed in summoning ald is a lie. The delay was at the | hospital and her life was sacrificed to | the negligence.” | Carl Bennett, accused of having cold- | bloodedly delayed the summoning of ald for his sister-in-law, Mrs. Farry Stephens, who in a fit of despondenc committed suicide at her home, Parkside avenue, denies the charge. He maintains that when he found his sis- | ter-in-law suffering from the poison he ran to several houses to call a phy- | sician. He found none nearby and hur- ried to the Park Hospital. He declares | he told the nurse on duty that Mrs. Stephens took poison and that the am- bulance was sent dashing to the hause, he accompanying it. Bennett and another sister-in-law, Annie Smearring, rode with the suffer- ing woman to the hospital. There was no doctor in sight when the victim ar- rived, says Bennett. Frantic with fear, Bennett says, he offered $5 to any one who would bring a doctor. He claims the nurse was powerless to ald the dying woman and that the surgeon, Dr. Glover, did not arrive until twenty minutes after the ambulance came in. In reply to the charge that he fled from the city after the tragedy, Ben- nett spys that he went to Stockton to summon a relative, R. J. Quinn. Quinn arrived in the city yesterday morning. and both men had the body removed from the morgue. Quinn accounts for Bennett's mistake in giving Mrs. Ste- phens the name of Rose Quinn by say- ing that she was the wife of Russell Quinn, his brother, who was killed, and . The first shat SN met take that Mrs. Quinn later married Ste- | aect. He shot again, when Myers phens. was turned away, and the man fell” “What was Myers’ position when the first shot was fired?” asked the attor- ney. “He was partly turned around, ready Dr. Glover is indignant at /the man's charge and denounces him as a liar. He declares that Bennett came twice to the Emergency Hospital and that he tried to prevent the newspapers from gaining information of the sul- cide by asking the doctor to come to the house privately. Dr. Glover says he was in the hospital when the am- bulance arrived, and he is borne out in the declaration by the nurse, Mrs. Davidson. Yesterday afternoon a policeman from the park station tried to find Bennett at his house. Bennett and Quinn were at the Coroner's office. Later both men, hearing of the police- man’s visit, called at the park station and were allowed to go. to go away.” “What did he say when the soldier told him to shut up?” “He did not say a word.™ There were other witnesses n Miss Kessler who told of the sho 2. but there was none who gave a mlore clear account of the tragedy. Ephraim Muller was on the stand as well as other eye-witnesses. It Is expected that it will take a week or ten days to try the case. — Lumber Trust to Be Prosecuted. Assistant United States District At- torney Frank A. Duryea reported yes- terday that he had just received from the municipal Grand Jury a copy of the evidence against the lumber trust and that it would be submitted to United States Attorney Devlin upon his return from the country. Devlin will transmit it to Washington and will awalt instructions. Duryea declined to make public the contents of the re~ ports. Sneak Thief Stéals Jewelry. E. H. Winder of 2426 Market street| repcrted to the police yesterday that several articles of jewelry, including a lady’s gold watch, gold ring, gold pin and gold neck chain had been stolen on Supday from the mantel in his room. He said he suspected some one belong- ing to the house. Detective R. F. Gra- ham has been detailed on the case. e THE KNABE PIANO @ The superiority of the Knabe'Piano to dis- criminating musicians and critical buyers is apparent in its every. appointment. Tone, touch, flexibility of action, beauty of design, simplicity and correctness of architecture, the highest possible class of workmanship and superior excellence of finish prove the Knabe the product of the master mind of its creator, the supreme achievement of the world’s greatest creative genius. * q The new Style W Knabe, in satin-finished mahogany, is meeting with the highest com- mendation of particular buyers. Though smaljest of all Knabe styles, it possesses every attribute that has made its predecessors the greatest pianos of the world. The same tone, rich, singing, full and powerful in the extreme, is there, combined with a case of severest simplicity in Mission design and of the richest of mahoganies. Altogetheér, the ° style W is a distinct achievement, and best of all, sells at a price less than Knabe pianos have ever before been offered. Easy payments if you desire. HNABEPIANOS 1220-1224 VAN NESS AVENUE Opposite the Emporium. BRANCHES—Los Angeles, San Diego, Sacramento, Sam Jose, Samta . M. TRAUNER : : LADIES’ TAILOR : : HAmOTH 706 Sutter Street, 2332 POST ot Deriadere.” Opestoc Busomm | o AT, 1008 KEMY o, 8. . .