Newspaper Page Text
The Grand Jury Has at Last
Acted in the Railway
HE WILL GIVE HIMSELF UP.
"Will Be Here in Ten Days, and
the Warrant Will Then
Collis P» Huntington, president of the
Southern Pacilic Railroad Company, has
been indicted by the United States Grand
Jury for violating the interstate commerce
law. The warrant for his arrest is now in
the hands of United States Marshal Bald
win, and in about ten days the railroad
magnate will appear before Judge Moirow
in the District.Court and give bonds.
The appearance of the grand jurors in
the United States District Court at 2 r. m.
C. P. HTTNTINGTON, INDICTED BY THE FBDEEAL GRAND JUBY
JFOR ISSUING AN INTERSTATE PASS.
[Sketched for the "Call" by Kahler.]
yesterday was watched with considerable
interest. The impression in Federal cir
cles was that an indictment against Hunt
ington was to be tiled. When, therefore,
the precious document was handed to the
Judge everybody was on tiptoe with ex
citement. District Attorney Foote dashed
their hopes to the ground by at once ask
ing that the indictment be placed on the
secret file. His Honor spent some time in
reading the document and then handed it
to the clerk of the court, with the order
that its contents b<; kept secret.
It has been an open secret, however,
for some time that the Grand Jury in
tended indicting Huntington. Five days
ago that body found a true bill against
him and so informed the District Attor
ney, but for some reason or another the
document was not presented to the court
When seen upon the subject District At
torney Foote said: "The Grand Jury can
do what it pleases in any circumstance.
The limit of my duties isreached when I
have explained the meaning of the laws,
have laid before that body all the evidence
that is officially in my hands and have
aided in the examination of the witnesses.
I cannot give any opinion as to trie suffi
ciency of the evidence to prove guilt — not
even if I am asked by the grand jurors.
My opiniou in reference to the meaning of
the law. however, I am bound to give.
When that is done I retire and the jurors
deliberate alone. If they should inform
me afterward that a true bill had been
found I order the indictment prepared and
the foreman of the jury presents it to the
court. If it is placed on the secret file I
can give out no information until the per
son indicted has been arrested. "
"Was the indictment tiled this afternoon
against C. P. Huntington?" was asked.
"I don't know much about it," was the
evasive answer. "You *cc, I wasn't in the
Grand Jury room this morning, and I am
somewhat in the dark."
"Has Mr. Huntington been indicted. Mr.
"I cannot answer your question. If you
asked me the same question about Brown,
Jones or Robinson 1 would refuse to an
swer because of my oath of office. If Mr.
Huntinnton has been indicted you will
know all about it in due time. You will
Bee the gentleman in whose welfare you
take such an interest in San Francisco in
side of ten days."
A special general meeting of the direc
tors of the Central Pacific Railroad is to
be held in San Francisco on the Ist of
April. C. P. Huntington is to be here,
and as soon as he arrives the warrant will
be served on him. His bondsmen will be
read}', and one of his first visits upon
reaching San Francisco will be to United
States Marshal Baldwin. The railway
maenate has already been informed by
telegraph that a warrant for his arrest
awaits him, but the .chances are that he
will lose no sleep in consequence.
The indictment found against Huntinp;
tcn by the Grand Jury only charges him
with a misdemeanor and the bail is fixed
at $5000. The punishment if he is found
guilty will be a tine of not less than $1000
arid not more than $.5000 or a year in
the State prison, or both fine and im
It was on the 6th of December last that
Frank M. Stoneadmitted under oath that
lie had a pass issued to him by C. P. Hunt
ington in violation of the interstate com
merce act. Two strikers were being tried
at that moment for violating the same
law, yet when Stone gave his testimony
implicating Huntington, no action was
taken until the United States Grand Jury
took the matter up. The man who has
been mainly instrumental in having a
multitude of workingmen indicted for a
breach of the interstate commerce act is
now to have a taste of his own medicine.
When Frank M. Stone was on the wit
ness-stand last January his testimony on
certain points was as follows;
United States District Attorney Knightr-You
are an attorney-at-law?
Answer— Yes, sir.
q _ Residing at San Francisco? A.— Yes, sir.
Q_Win you state where you were on the 30th
day of Juiic last? A.— l was in San Francisco
until the evening. I left on the 7 o'clook train
for the north. ,
Q.— What was your point of destination.
A.— l think I intended to leave the road at Ash
land. I was accompanied by Judge J. B. Mur
phy, of Del Xorte, going on a camping trip. We
we're to leave the railroad at Ashland, Or., and
take the stage for Crescent City.
The witness was then asked a number of
questions as to whether he was employed
or had been employed by the Southern
Pacific Railroad and his answer was,
"Never in any way, shape, or manner."
Continuing, Attorney Monteith, who was
cross-examining the witness, asked, "Have
you not tried in the last year or two to get
a situation in connection with the legal
department of the Southern Pacific?" to
which Stone answered, "No, sir."
Q.— Have you not traveled on passes? A.— l
q._ Were you not traveling on a pass then?
(When he was coing to Ashland.) A. — I was;
with C. P. Huntington's personal pass.
Q.— Have you not been In the habit of having
a book of passes in your office and giving them
out to people? A.— No, sir.
Q.— During the. campaign two years ago did
you not, while you were acting as manager for
Mr. de Young's'campaign, have in your office
', n book of free tickets or passes that you gave
away? A.— l had blank passes.
! Q.— You issued them? A.— l had on occa
Q.— You got them from the railroad com
! pany? A.— Yes, sir.
| Q.— At that time you had some connection
i with the railroad company ? A. — None on
Q.— How did you happen to handle these
passes? A.— Through my personal friendship,
extending back to my partnership with A. A.
! Sargent, with C. P. Huntington.
! Q.— You went to Red Bluff on a train on June
1 30? A.— l left on the night ef June 30.
Q.— You traveled on a Pullman car? A.—
] Yes, sir.
' Q.— Did you have a Pullman pa?s. A. — I did.
j Q.—Po you remember on what account that
: Pnllman'pass was issued? it not issued on
• account of the Southern Pacific? A.— No, air.
Q.— On account of C. P. Huntington? A.—
j No, sir; it was a personal favor extended tome.
jl have said C. P. Huntineton is my personal
' friend. Any favors I have received have been
' received through his personal influence.
The Court— Mr. Monteith is asking about a
Pullman pass. A.— l understood.
Mr. Monteith— Was your Pullman pass an an
nual or a trip pass? A.— An annual,
Q.— Does not the pass say on it— have yon it
with you? A.— No, sir, it docs not say any
Q.— See if I cannot refresh your memory.
Does it not say on it "Pass Frank M. Stone on
account of so and bo? A.— Absolutely not.
If you would like to be enlightened I can show
you my pass and bring the other. Here is' Mr.
"Southern Pacific Company. Pass Frank M.
Ptone over lines of Southern Pacific Company.
1894 until December 31 unless otherwise
ordered. C. P. Huntington."
It is as good in Texas as it is in California,
and over any line wherever a Southern Pacific
engine runs] and has been given me something
like ten years by C. P. Huntington personally.
There is nothing issued to me any other way.
Q.— Yon are not employed by the Southern
Pacific Company? A. — In no way, shape or
Q.— Bv any other railroad company? A. —
Q.— Did you ever advise Mr. Huntington
that the issuance of that pass was in contra
vention of the interstate commerce act? A. —
Q.— Those other passe? that you spoke about—
those books of passes— were all on your per
sonal account? A.— Absolutely to me, person
ally. No one could have issued one under any
circumstances, except by myself, and they were
given to me as a personal favor and at my per
When the above testimony was sworn to
T. J. Roberts, one of the leaders of the
Oakland strike, swore to the following
Collis P. Huntington on or about January 10,
1894, he then being president of the Southern
Pacific Railroad Company, did willfully, un
lawfully and wrongfully make and give an un
due and an unreasonable preference and ad-
Frank M. Stone, Who Accepted a Pass
[From a photograph.]
vantage to a particular person, to wit, Frank
M. htone, residing in San Francisco; the said
Huntington did, at a place to this affiant un
unown, make and execute a certain instru
ment in writing, commonly known as a rail
road pass, in words and fignres following, to
FrAni^M £? Pacifi c Railroad Company. Pass
rnmn,n iX over . lines of Southern Pacific
«th2?w?7' 1894, until December 31, unless
otherwise ordered. C. P. Huntington."
It further , charged that the pass gave
Stone full and unlimited privilege of travel
ing without charge on all the fines of the
railroad and that it was used .by him to
travel from this State into Oregon during
the strike. Stone swore again and again
that he was not an employe and had nothing
to do with the railroad in any way shape or
manner; so Huntington 's violation of the
interstate • commerce law was ' palpable.
The ; general impression among Federal
officials is that if Huntington is tried be
fore an impartial jury in the United States
District Court he will be convicted
. Father Mathew Election.
The Father Mathew Total Abstinence and
Benevolent Society at its regular eemi-annual
election last evening chose the following offi
ccrs: President, John F. Quare ; vice-president
John R.Byrne; second vice-president, WiiHam
M. Caton; recording secretary, John R. Mc-
Guire; financial secretary, Henry F. Gaffnfcy
corresponding secretary, Joseph L. Loftus;
treasurer, Timothy Donovan; trustees—Wil
liam M. Gillespje, Patrick Devine, Frederick J.
Meyers, Charles J. McCarthy and John Scully.
• — ♦ — • •
The New Louvkb has opened ,'B-14 O'Far
THE SAN FRANCISCO CALL, SATURDAY, MARCH 23, 1895.
Some Specimens of Fair's Hand
writing Presented for
— — —
THE JUNIOR FAIR'S HEIR.
An Attorney for the Executors
Says He Left a Natural
J>mes G. Fair Jr. left a natural child,
who is now living in this city. This fact
was admitted by an attorney interested in
having the holographic will declared a
forgery and the document stolen from the
City Hall the genuine one.
"It is true," said this attorney, ''that
young James Fair left a natural child. I
do not know that the child living with
Mrs. Gregory is the one. She may be or
she may not be, but there is a child. That
I am willing to admit. Under the holo
graphic will this child would inherit. In
the will which was stolen from the City
Hall provision was made against the child
inheriting any considerable share of the
estate. There is a clause which provides
that any child who can establish the fact
that James G. Fair Jr. was its father shall
have $50 as its share of the estate.
'•The will stolen from the City Hall was
a genuine document. The Craven will,"
continued this attorney, "is a tracing and
a forgery. The very care which Senator
Fair took to free his estate from any claim
of any illegitimate offspring, as shown in
the genuine will," continued this attorney,
"is one of the best evidences that the Cra
ven will is fraudulent, for, in that docu
ment, this provision is nullified."
Whether Charlotte Gregory is the child
of James G. Fair Jr. and Mary Ellen
Larnpman or not, may be a debatable
question. Charles Fair asserted positively
yesterday that she was not, but if she
should establish her claim Charles Fair
would be the loser by some $500,000, and
the estate of James G. Fair Jr. would go
to this child.
The great contest over the estate still
turns upon the genuineness of the holo
graphic will. The question is: Will Mrs.
■Craven testify that this is Senator Fairs
will? Attorney Pierson is credited with
the statement that she will not do so.
There seems to be no reason for the mys
tery with which she surrounds that will.
If reports be true, she lias not yet told the
attorneys who desire to see this will main
tained all that she knows about it, and
still holds in reserve information to be
given out .only on the witness-stand.
Attorneys and attorneys for attorneys
connected with the Fair will case now
number twenty-six. The estate may reach
$27,000,000 in value. That is a million for
each attorney to attend to, with an odd
million unrepresented, and the attorneys
who are out of the case are all striving to
represent this extra million, with a fair
prospect of* success for some one of the
Then there is the question of the fund
with which the estate is supposed to be
provided to meet the contest. Of this At
torney Mitchell says:
"I do not say there is a fund, and I do
not say there is not. Senator Fair was a
How Fair Wrote His Name.
[Reproduced from original writings by a "Call"
shrewd and careful business man. He
anticipated that what has taken place
might take place. The public must draw
its own conclusion."
Attorney Mitchell declared that he knew
of no written statement made by Fair indi
cating his desire to divide his estate about
equally among his children. Louis C.
Bresse on Thursday declined to say
whether he had seen such a statement or
not, and referred questioners about it to
his attorney. His attorney's answer is
that he knows nothing about it, but the
attorneys for Charles Fair say that such a
written statement was made subsequent to
the making of the will which placed the
control of all the property with the exe
Those who claim that the holographic
will is genuine point to the similarity of
the signature to the. signature on admit
tedly genuine documents. Those who
represent the executors under the stolen
vifll declare that it ia a forgery and that
the signature is a tracing. When the trial
comes up experts will swear that it is a
genuine signature, and experts will swear
that it is a forgery.
In order that the public may compare
the signatures admittedly made by Fair
with the signature of theholographic will
an artist for the Call, with the aid of a
camera lucida, has traced both.
The first signature is that attached to the
holographic will. The others are Fail's
sign manual made on telegraphic messages
and other business documents.
Mrs. Craven and Mrs. Haskins maintain
the most discreet silence in reference to
the holographic will. Both said last night
that they would make no statement until
they appeared in court. They added that
they had told no one, not even the at
torneys, what they knew of the will,
though attorney after attorney to the
number of twenty-six had called at the
Leavenworth-street residence to make in
This number twenty-six promises to
figure as prominently in the Fair case as
the number twenty-three did in the Legis
lature. Th>e latter was the reported strength
of the Senatorial combine, but twenty-nix
lawyers are quite likely to make a more
disastrous raid upon the Fair estate than
the Legislature did with the affairs of the
It may be that Mrs. Craven has not told
Mrs. Haskins all that is to be told about
the holographic will, but it is evident that
Mrs. Haskins knows enough to be a wit
ness, and that she expects to be sum
moned to testify.
Mrs. Jane McAllister told a story last
night in the City Prison in which she un
consciously exposed what, according to her
own statements, is a scheme to get money
out of the Fair estate.
She declared that the little girl at present
Hiving witn Mrs. Gregory at 905 Bush street
was not the daughter of Mary Ellen Lamp
man and James G. Fair Jr., as claimed by
Mrs. Gregory. And she added to this
declaration that it was all a plot against
the Fair estate.
As the story goes, the late James G. Fair
Jr. used to board at a resort in Nevada
conducted by a Mrs. Lampman. While
staying there he became infatuated with
the landlady's daughter, a pretty girl, who
waited on the table and assisted her mother
in the housework. The daughter was Mary
Ellen Lampman. One day she left home
and came to San Francisco, where she
was in a hospital for a week or two, after
which she returned home.
It was rumored that Miss Lampman had
given birth to a child whose father was
James G. Fair Jr. But this her mother
denied, though it was then pretty well
understood that the baby was left in a
foundling asylum in San Francisco.
Subsequently Mary Ellen made her exit
from the scene by taking a dose of poison.
The remainder of the story was told in
the City Prison by Mrs. McAllister last
"I have been told to say nothing about
this," she said with an air of mystery and
a nod that meant even more than she
cared to state.
•'You go and see Mrs. Gregory on Bush
street. She can tell you an interesting
story— if she wants to talk.
"bhe has a little girl up there— a little
bit of a black-haired thing about 7 years
of age— that she says is Mary Lampman 's
At this Mrs. McAllister stopped short
until repeated questions started her tongue
at a great rate to tell everything she knew.
"You know," she went* on, "it was Miss
Mary Lampman— not Mrs. Lampman, as
ttie papers had it. The yirl was never
married. Young James Fair used to stay
at her mother's resort, and they say he
was the father of her child, which was put
into a foundling asylum here. About the
child there are some* doubts. And now I'll
tell you how Mrs. Grecorv came to be con
nected with the case.
"Mrs. Gregory was married to a man
who had an estate — a widower with two or
three daughters. She went to the found
ling asylum on Golden Gate avenue and
got a child which she wanted to adopt so
that she might get her husband's estate for
the child and herself. The husband died
some time ago and some settlement of the
estate was made, but I don't know what it
"Mrs. Gregory still has the little girl,
and now claims *it is the daughter of Mary
Latnpinan and young James Fair.
"Now there is nothing in that yarn. I
know it. You can iind out from the
Foundling Asylum people where the child
was got. Nobody knows whose child the
little black-haired girl is, and I know that
Mrs. Gregory cannot prove it. She began
three or four years ago to light for the
child as an heir of jamos Fair Jr.. and has
employed attorneys. She expected to get
some of the half million that Mrs. Fair left
him, but I don't see how she is going to
get any of that money now, as it was di
vided after his death."
Mrs. McAllister was in prison on a
charge of drunkenness, and while in k
voluble mood told the foregoing story.
VARLEY'S PECULIAR MISSION
An Evangelist to Preach in
Every City Where English
He- Has Come From Australia
and Has Been Around
The Rev. Henry Varley, who has come
to San Francisco from Australia, will begin
a series of evangelistic services at the Fir=t
Congregational Church in Oakland to
morrow morning. In the evening he will
preach in the First Methodist Church.
Mr. Varley has a. reputation only
second to that of Mr. Moody as an evanga
list, and has traveled round the world
preaching the gospel.
For many years he presided over the
West London Tabernacle and for eighteen
years his personal services were given
gratuitously, he being at the same time
engaged in mercantile pursuits.
Twenty-five years ago, he says, he made
a covenant with the Lord, that if he were
spared to life and health he would visit
every English-speaking city in the world
to preach the gospel, and it is in fulfill -
ment of that promise that he is now here.
In an interview yesterday he said that
he did not know how long he might re
main; but that depended entirely upon
how his work might develop.
Mr. Varley was an intimate friend of the
late Dr. Spurgeon and says that ho had the I
pleasure and profit of a long interview with
him a few weeks before, his death. They
were both, he says, originally members of
the Baptist church, but both left to be
come independent preachers — Spurgeon at
the height of t lie groat "down-grade con
troversy," as the discussion over the pre
vailing tendency to ultra-liberalism was
called, but Yarlev had quitted it long be
fore, although for the same cause.
Mr. Yarlev says he has visited all the
English colonies in the Far East, India,
South Africa and finally Australia, where
he made his home at. Melbourne. Al
though London has been his great field for
so many years and would have remained
his headquarters or home he was com
pelled to quit it because of a slight lung
The Rev. Mr. Varley.
[Reproduced from a recent photograph.)
trouble caused by his constant preaching
and frequent overstraining to convey his
message to large crowds in the open air.
He recalls the occasion of his first visit
to America, when he says he addressed
audiences that packed Barnum's great
hippodrome building, when 22,000 people
listened to him, forming one of the most
impressive sights that he has seen in all
Mr. Yarley is 61 years of age, and began
preaching the gospel in the streets of Lon
don, he says, at 18. He is a man of
splendid physique, and is characterized by
plenty of the conventional ruddy English
Family jars are easily avoided by use of
Dr. Price's Baking Powder.
Will Sue for Kent Paid.
Daniel Lynch, a fruit-dealer, threatens to sue
Goodall, Perkirrs & Co. and the estate of C. J.
Hendy for $7500, which he claims was ob
tained by false pretenses. He has paid the par
ties named if GO per month rent for the use of a
building on the gore, corner of Sacramento and
Market streets, for several years past. Recently
he was ejected by the Superintendent of Streets
on the ground tnat the property belongs to the
city. Lynch contends that if such is the case
the persons named had no right to collect rent
Arrested for Mayhem.
A. Brien, a miner of Nevada City, went Into
the saloon owned by Charles Stepp and Joseph
Straub at 16 Geary street, last evening, and (jot
into an altercation with the proprietors. He
threw Straub on the iloor, twisted his leg and
broke it. Brien was arrested and charged with
Fritz Schkel at the park keeps the Park
News presses rushing to supply programmes.*
Preston Then Deserted Wife
and Children, Leaving Them
DOWNFALL OF A LIVERYMAN.
His Family Destitute — Wine,
Women and Gambling Caused
Living in poverty at 236 Tehama street
is a woman who, less than seven years ago,
was enjoying all the luxuries that the pos
session of property worth $25,000 enabled
her to afford. The woman is Martha
M. Preston, and the source of her
troubles is her husband, W. J.
Preston, formerly a liveryman on
Fern avenue. He has squandered the
fortune he and his wife possessed, and has
deserted her and their two small children.
Acting on the advice of Secretary Me-
Comb of the Society for the Prevention of
Cruelty to Children, to whom she applied
for relief, Mrs. Preston yesterday swore out
a warrant for the arrest of her husband on
a charge of failure to provide. Preston,
when last heard from, was at Wrights sta
tion working as a common laborer. Mrs.
MRS. PRESTON AND HER RECREANT SPOUSE.
Preston freely admits that her object in
causing her husband's arrest is prompted
as much by revenge as the hope that the
law may force him to do for her what his
sober instincts as a husband and father
have failed to do.
"It is ten years since I married my hus- j
band in Shasta County," said Mrs. Preston j
yesterday. "He was then the owner of a j
ranch in Shasta County, and while we J
lived there everything went well. He had ;
a passion for line stock and horses and he j
was fond of racing. Three years after our |
marriage he made up his mind to return I
to Ireland, whore his people resided, and j
through the agency of some real estate j
men in this city he sold the Shasta County j
ranch for $20,000. I had some property of j
my own. and at his request I sold it. This
was seven years ago, and from that sale
date my troubles.
"We went to Ireland in 1883 and re
mained there three years. My husband' 3
relatives hated me for some reason, and
they did all in their power to poison my
husband's mind against me. He went
into the stock business and was swindled
at every turn. Our money was dwindling
away fast-, and at the end of three years he
consented to return to California aDd in
vest the remainder.
"My husband's prospects did not im
prove on our return to this city. He fitted
up a stable on Fern avenue and bought a
number of valuable horses which he
traded for this and that, invariably at a
loss. He had no eye to business and when
he was drunk he threw his money away
lavishly. The end finally came in Novem
ber, 1893, « when he informed me that he
was penniless. I could scarcely compre
hend the situation. The knowledge of his
financial embarrassment weighed heavily
upon him and he sought relief in drink.
He abused me frequently, illtreated the
children, and in many ways rendered my
life miserable. I was almost happy at last
when he disappeared without leaving a
trace behind him."
No traces of Preston's whereabouts could
be discovered for, several months. In the j
meantime Mrs. Preston had arrived at the ;
end of her resources, and by the aid of j
friends had been enabled to tit up a lodg- |
ing house at 15 Oak street. The venture
did not pay and the poor woman was
forced to work as waitress in a hotel. |
Friends took charge of her children, but
their growing wants rendered some other
step in their behalf necessary. Mrs. Pres
ton then rented the place at 236 Tehania
street, where she now resides.
Mrs. Preston can scarcely realize that
her husband has squandered $25,000 in j
seven years. When they left Ireland four
years ago, they had some $17,000 in cash.
She has since learned that Preston gam
bled, and that he associated with dis
reputable women. Wherever he was
known he was regarded as a dupe.
Preston was located at Wrights station,
in Santa Clara County, several days ago,
and an officer will be sent there to-day to j
apprehend him. In a letter to a friend j
some time ago Preston charged that his !
wife was responsible for his downfall. He
said that she treated him scornfully and
consorted with other men. Mrs. Preston
alludes to what she terms his shameful at-,
tempt to blacken her reputation, with
tears, and refers to numerous friends who, ]
she says, will testify that she was always a !
model wife and mother.
"In consequence of his attempt to wreck j
my character," said Mrs. Preston, "I have j
made up my mind to punish him for his I
desertion. Nothing else could have |
prompted me to take this step, for in do- :
ing so I wish to vindicate myself and at
the same time force him to provide for the j
children which he has left on ray hands."
A COMBINATION OONCEBT.
Students of Stanford and Berkeley Will
A combination concert of the State Uni
versity Glee Club and the Stanford Mando
lin Club will be given next Friday night
at Scheel's Auditorium.
The names of the performers are;.
University of California Glee Club (B. G.
Somers. director): First tenors, B. G. Somers,
T. Vail Bakewell, Clinton K. Morse; second
tenors, C. 11. Kllston, Frank Taylor, George
Whipple; first bass, Frank Stringham, Douglass
Waterman, O. Wedemeyer, Raymond Russ;
second bass. Power Hutchins, Edward Rickard,
Dwight Hutchinson, H. P. Veeder; solo
violinist, C. E. Parcells; accompanist, W. B.
King; C. E. Parcells, manager.
Stanford University Mandolin Club (W. Bittle
Wells, director): First mandolins, W. Bittle
Wells, Thomas K. Code, Edward C. Sewell;
second mandolins, W. A. Graham, A. G. Kauf
man ; guitars, George B. Wilson, W. D. Long
well, Mark S. Porter, B. D. Weigle, W. L. Mc-
Guire; W. A. Graham, manager.
The programme will consist of:
"El Vaquero Galop" Pomeroy
Stanford Mandolin Club.
"Invitation" t Hoffman
TJ. C. Glee Club.
Vooal solo Dr. G. l\ Graham, U. C. '94
Quartet, "Im Fruhling" Pester
Messrs. Wells, Graham, Code and Sewell, of
the Stanford Mandolin Club.
Violin solo C. E. Parcells, 17. C. Glee Club
"Predicaments" Yale songs
Mr. Russ and V. C. Glee Club.
"Polish Dance" Schwarenka
Stanford Mandolin Club.
"Rosebud Fair" . Macy
V. C. Glee Club.
Mine. Calliope Cardinal© of Stanford
"My Old Kentucky Home"
Or. Graham and U. C. Glee Club
"Estiifliantina Italiana" Bellenghi
THE STEIKERS' CASE AGAIN.
More Testimony Will Be Taken in the
District Court on Monday.
The case of Cassidy and Mayne, the two
strikers, was before Judge Morrow in the
United States District Court yesterday.
The matter was not expected to come up
again before next Monday, but the United
States District Attorney discovered at the
last moment that he had not established
the fact that the Southern Pacific of Ken
tucky was an incorporated body and the
owner of the lines on which the trouble
took place. He therefore applied to the
court for permission to reopen the case and
introduce the necessary testimony. Mr.
Foote does not consider the establishing of
the fact an absolute necessity, but he is
taking the precaution on the idea that it is
better to be sure than sorry.
Attorney Monteith, who is defending
the strikers, vigorously opposed the mo
tion. He contended that the case was
closed, and that if it was to be reopened he
i had as much right to introduce testimony
as had the District Attorney.
Judge Morrow decided that he could
j only permit the introduction of testimony
1 on the railroad company's corporate exist
! ence, but Monteith intends mak«ng a fight
| to get some of his own witnesses on the
Eugene V. Debs will be here next Tues
day, and the defense proposes to put him
on the stand and obtain what information
he has about the alleged conspiracy. Mon
teith is confident that Debs can enlighten
the jury on some obscure points.
On Monday next, therefore, the United
States will put an official of the Southern
Pacific of Kentucky on the stand to prove
that it is a corporate body and the owner
of the roads on which the strike took place.
Monteith will then make his attempt to.
get Debs on the stand, and lively times are
expected. If the case could only be kept
open another week or so C. P. Huntington
will be here and then the defense could
also call him as a witness in its behalf.
Isn't it perfectly lovely? The old
fashioned "Johnny Cake" made with Dr.
Price's Baking Powder.
THE SHERIFF IN CONTEMPT.
Ordered to Appear Before
Justice of the Peace
He Failed to Arrest Leonard
Grover When Ordered
to Do So.
Sheriff Whelan has fallen, foul of the
Justices Court and on Monday next will
have to explain to Justice of the Peace
| Groezinger why he failed by deputy to
| arrest Leonard Grover, the actor and the
atrical manager, when instructed to do so
by order of court.
Grover failed to appear in the Justice's
Court to testify in a suit brought against
himself and J. llial by J. Sachem to recover
$41 90, money loaned, and was sentenced
to twenty-four hours in the County Jail
and to '"pay $50 into the city treasury" for
contempt. A Deputy Sheriff was intrusted
with the order and found Grover at Stock
well's Theater, where he is manager. The
genial actor convinced the representative
of the law that the Justice was mistaken
and that he had already settled the matter
and been purged of contempt. The deputy
thereupon took it upon himself to .allow
Grover to remain at liberty and returned
the order to the Sheriff.
The attorney for Sachem, however,
was not to be so easily satisfied, and so
stirred up the Justice to a sense of his in
jured dignity that he issued the following
order yesterday :
In the case of Sachem vs. Rial et al.
Whereas, It manifestly has been made to ap
pear to me by evidence introduced, given and
admitted this day in open court in the above
entitled action and matter that R. I. Whelan,
Sheriff of the rity and county ot San Francisco,
State of California, neglected and refused to
serve and execute the order and judgment by
I me made and rendered on the twenty-first day
I March, 1895, directing said Sheriff of said city
\ and county aforesaid to execute and carry into
j effect the order and judgment adjudging one
I Leonard (irover, one of the defendants in the
I above entitled action, guilty of contempt of
I this court, it is ordered that R. 1. Whelan,
Sheriff of said city and county aforesaid, show
j cause, if any he may have, at "my courtroom in
i the new City Hall at 1 :3O o'clock in the after
noon of Monday, March 25, 1895, why he
should not be punished for contempt in
neglecting and refusing to obey the order of
this court first herein mentioned and re
G. C. Groezixger, Justice of the Peace.
Sheriff Whelan heard of the order and
obligingly allowed himself to be served
fort I) with.
George H. Perry, the attorney, who is
also counsel for J. J. Raver in the latter's
suit against Mrs. John Martin, says that
he willendeavor to have the Sheriff cited
to appear before Justice Kerrigan to show
cause why Mrs. Martin was not arrested by
a deputy when the lattejr had the oppor
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THE PASSING OF
THE PHANTOM CAR.
Judge Hebbard Decides Against
the Old Bush - Street
WHAT THE DECISION MEANS.
The Rail Track Becomes a Nui
sance When Not Used for
The demurrer of the Sutter-street Rail
way Company to the suit of 11. 11. Warfield
to declare the Bush-street franchise for
feited has been set aside by Judge Heb
bara, before whom the case was set for
trial, and the defendants have been given
ten days to answer and prepare their de
The cause of Warfield's suit is the unused
franchise that, since 1885, has incumbered
Bush street. It was originally granted.to
Abner Doble, William Center and William
H. Hanson in August, 1885. From them it
passed first to a company known as the
Bush-street Railway Company, and then
to the Sutter-street"Company,"the present
In his complaint, to which the State was
made a party. Warfield charged that the
holding of the franchise was illegal, be
cause there has never been any attempt
to run cars on the track for the benefit of
the public, and that the running of a car
over the track once a day was so" palpably
a rose to hold the franchise ami to escape
tiic duty owed to the public as to defeat its
own object. Warfield therefore asked that
the franchise be forfeited. The defendant
demurred on general grounds. In over
ruling the demurrer the conrt says: "If
the defendants had operated their cars
over the track there would have been no
cause of action for forfeiture. In main
taining the tracks and switches the
defendants are not maintaining a nuisance,
because they are exercising a right, but the
complaint plainly shows that while the
defendants exercised a part of their rights,
that of laying the tracks, they failed to ac
complish the ultimate object of the fran
chise — the practical operation of the road
as a passenger railway."
On the last ground of the demurrer, the
statute of limitations, the court declares
the right to public streets is a right of a
public character which cannot be lost by
lapse of time; that there can be no pre
scriptive right to or in a public street, or
to maintain anything which amounts to a
"If tin; ]>c<> plo, through the Attorney-
General," the opinion reads, "have been
indulgent to the defendant since August 4,
1889, they are not bound to indulge them
any longer, and it is apparent that such
induleence ceased when this complaint
was filed on November 27, 1894. The de
fendant cannot complain that it has been
shown more leniency than it deserved in
the matter of the continued violation of
its contract to operate this road, nor may
it now insist that it should be allowed to
uselessly hold, occupy and incumber these
streets. against the public interests forever."
This practically decides the case, for the
question is mainly one of law, and the de
murrer brings these points of law directly
before the court. By the overruling of the
demurrer it is practically decided that the
franchise should be forfeited.
Death to Freckles.
Mme. M. Yale was recently
asked the question "which of
her discoveries she consid-
ered the most wonderful."
Her reply was as follows: La
Freckla, because it unmasked
my own face from a filthy
mass of freckles and gave me
the beautiful rose leaf com-
plexion which you see and
which has been admired by
the people of every na-
tion. Before I discovered La
Freckla I was a freckled
face individual, disgusted
with my own appearance.
To-day I am the envy of
every woman who looks at
La Freckla will remove
any case of freckles in exist-
ence and leave the skin as
transparent as crystal. One
or two applications remove
tan and sunburn. It takes
from three to nine days to
destroy every trace of freck-
les. It is the only remedy
known to the world that does
this. Now is the time to use
La Freckla, as it strengthens
the skin, removes and pre-
vents freckles and sunburn.
$1.00 per bottle. Sold by all
druggists or 'fs
MME. M. YALE, Temple of Be»nt»
146 State at., Chi. a go . "eauty,
REDIXGTOX & CO., Wholesale n™
gi.ts, San Francisco, are .uppiVinV^"
dealers of the Pacific Co»»twi?kXi 1
[my remedial, »«» au of)